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Home My WebLink AboutCarrington Woods Unit 16 O~~<tl. 0~ ',-...., ~" t t1!.l,R Y:" >:': !'\oHSE '_ERK or CiRCUIT COI.';;:- SB'WWLE ':C,!;:: "( ;'1 , U/~~ 'R ED & VEHIFIEL IIlI - ... , 596978 191J fL~8 2 fi PI i 2: (~7 _.<~ ,-- -...., AMENDMENT TO DECLARATION TO COVENANTS AND RESTRICTIONS This Amendmen1 to Declaration of Covenants and Restrictions is made this / tIC day of March, 1988 by Winter Springs Development Joint Venture, a Florida General Partnership (hereinafter referred to as "Developer"). Whereas, Developer previously recorded a Declaration of Covenants and Restrictions, dated June 30, 1988, recorded July 8, 1988, at OR Book 1974, Page 1409, Public Records of Seminole County, Florida ("Restrictions"), Whereas the Restrictions contained several incorrect provisions when recorded, and Whereas, Developer wishes to correct the errors in the Restrictions, Now, Therefore, the Restrictions are hereby amended as follows: Article III, Section 2 is amended to increase the minimum square footage of dwellings to 1900 sq. feet, to remove the setback requirements for building structures, and to remove the restrictions regarding minimum lot width and depth, but to add a requirement that lots on which dwellings are constructed be sized in accordance with the site plan prepared by Donald W. McIntosh and Associates, Inc., Job Number 87058.0003. Executed as of the date first above written. \<.~\.)RtJ \0', (O:'fD.~. L;q,\.~~L ~ C-\\:'( ~ W\~\E(.l. S9P..\'N~S \\'2.~~. S~A."34. t;) \\.J'"'DS: '(Z '7 ~ \'N Q S I f" '- , s7."\Ot) winter Springs Development Joint Venture, a Florida general Partnership By: Gulfstream Housing Corporation, a Delaware Corp ration, its managinw :2 C) r- II' n (:) ........, C':) O,'l o c..n ~ ~ ..;::- By: , , As: o ~ ~ U7 ~ .' " ~ "'OL :t... ... c, ,.r "?'~ztI"'- \. , .. ~ '" #I STATE OF FLORIDA COUNTY OF ORANGE Subscribed and Sworn to before me this I~day of March, 1989, by Philip A. Birdsong, Senior Vice-pre~ ~f Gulfstream Housing Corporation, a Delaware Corporation, on behalf of the corporation as Managing Partner of winter Springs Development Joint Venture, a Florida general partnership, on behalf of the partnership. ", ~-:'-rl~ ;"'":- --I ....~~:-::/' ,^,T t)\:~:GE i., , .:[1 C:..' ", 1\' ~I'. ,..;,';, ,. 'J .,., ,. . '.r This Document Prepared By: Kenneth R. Uncapher, Esq. Baker & Hostetler P. O. Box 112 Orlando, FL 32804 (407) 649-4000 1065/89001.dlw " "-> (n <:::) l'XI ,... (Jt 8 :,f: ;:0; .~ 2 ~ --, ci ;:::.:; ,..~ -::-~ fTI t'.- c-, :.~~!' p c::::> -', ("':~ ,...." .." ...'"l"o ::':t ,~ r- "tJ """ c.n :..... t:J_~ C) 01 f~l ~6~O~ 1.; R UNCAPh-..dt n. GPt\ ~_G.:1:> ~i ~ h. . \ \\ ....-c::"T' ~Q \'11... B"'~~ ~ "tiS,'" l.- Q. C. \l.,u)C ~ ~Z1.<t()+ on\.i\tJ1/0,l"L } /~, ;~"- tU~ .. . p.8"U RtJ TO~" 1). ~. Le,"..) \". f\ 1\1(.. st. r '\r7 C:>t W,~t'e~ PR\tvG ~ \'l~ E. St< 434- w\tJ\ER S~t~G. SI FL "3'2 i' c-b DECLARATION OF COVENANTS AND RESTRICTIONS FOR CARRINGTON WOODS THIS SUPPLEMENTAL Declaration of Covenants and Restric- tions is executed this / 1tAw day of M.AK-C!.. H 1989, by TUSCAWILLA UNIT 16, LTD., a Florida limited partnership ("Declarant"). ~ 1. ~ H E .Q. .Q. E ~ H: WHEREAS, Declarant is the fee simple owner of certain real property situate in seminole County, Florida, as more parti- cularly described on Exhibit "A" attached hereto and incorporated \~. (/')r rt1r' -'-,~;1 ;:;;;1 <.J1 ot: c..o r'- '"'1 P';:, Cj) co herein by this reference (the "Declaration Property"); -...J c'-' ....:. WHEREAS, Declarant intends to subdivide, plat and -, '"; develop the Declaration Property as a high-quality residential community; and WHEREAS, Declarant wishes to execute and record this c...o ~ 0:> r (..0 C' == C :;...,. C :::0 r N '- 00 f< -t:,") - r ~ - : +- co Supplemental Declaration in the Public Records of Seminole County, Florida, prior to the offering for sale of individual dwelling units situate within the Declaration Property. NOW, THEREFORE, in consideration of the premises, Declarant hereby declares, imposes and prescribes the following additional covenants, restrictions, conditions, easements and ARTICLE I ,......, C C1l (n 0 rtJ (;n ~.~ ~:J: 3: ~ - "=' (:' t". '. ,." ,.., n '"::1 .."... I::) <::::> ..' " ..., ~ :::-rr: ,.... -0',,", CJ'1 t"",t::r-; C) 0") j"J, or "ARC" charges for and on the Declaration Property. Definitions A. "Architectural Review Committee" shall mean and refer to the committee'established by the Board of Directors of the Association and described in Article V hereof. ~ V57 ,,1(1;1' Carrington Woods Homeowners Association, Inc., ~;~~ profit corporation, its successors and assigns. . qc r t!1I1/l.AtIC'-p". NNd. (.$';1' ~ B. "Association" shall mean and refer to the a Florida non- I l, ~ t "I .. C. "Board" shall mean the Board of Directors of the Association. D. "Bylaws" shall mean and refer to the Bylaws of the Association. E. "Common Area" shall mean and refer to those tracts of real property, together with any improvements thereon, owned or to be maintained by the Association for the common use and enjoyment of Members of the Association. F. "Declarant" shall mean and refer to Tuscawilla Limited Partnership, a Florida limited partnership, its successors and assigns. G. "Declaration" shall mean and refer to this Supplemental Declaration of Covenants and Restrictions, together with any supplements or amendments hereto. H. "Declaration Propertv" shall mean and refer to that certain real property lying and situate in Seminole County, Florida, more particularly described on Exhibit "A" attached hereto and such additions thereto as may hereafter be submitted to this Declaration. I. "Development" shall mean and refer to Carrington Woods residential community, located in seminole County, Florida, on the real property described in Exhibit "A" attached hereto, and such additions thereto as may hereafter be submitted to this Declaration. J. "Lot" shall mean and refer to any numbered plot of land shown upon the recorded subdivision map for Carrington Woods excluding the Common Area. K. "Member" shall mean and refer to those Owners entitled to membership in the Association as set forth in Article III. L. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is part of the Declaration Property, but -2- r . r-..> CI'l Co-::) ,.,., ,,... :'-1:: '-' 1 ~ -I='" r". "" n P 0 ;::: .t.::- U1 -J ..'" (, 'I' ~ 1 . ( t excluding those persons or entities having such interest merely as security for the performance of an obligation. M. "Plat" shall mean and refer to any recorded or unrecorded subdivision map or maps of all or a portion of the Declaration Property. N. "structure" shall have the same meaning as used in the City of winter springs Building Code. -, r- f',.) C) m a c..n 0 :;T. ~ c.:> -- c: ...... en '1'" (;~ ~, r~ ARTICLE II en /TI :': 5~ c, r.. Pl n o Property Rights section 1. Owners' Easement of En; ovment. Every Owner., shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subj ect to the rights of the Declarant reserved herein and subject to the following provisions: (a) The right of the Association to levy origi- nal, annual, special and individual assessments and to establish reasonable rules for the use of the Common Area and any recreational facilities contained thereon. (b) The right of the Association to suspend the voting rights and right to use of the Common Area by a Member for any period during which any assessment against his Lot remains unpaid, and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. Notwithstand- ing anything contained herein to the contrary, assessments shall continue during any suspension period. (c) The right of the Association to dedicate or transfer all or any part of the Common Area to any pUblic authority, agency or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of Members agreeing to such dedication or transfer has been recorded. -3- (" 'f' I 1 \ .. (d) The right of the Association, in accordance with its Articles and its Bylaws, to borrow money for the purpose of improving or increasing the Common Area and in aid thereof N c:" t: c (J1 c ;;:0 .f.:"o C:;, -f.-:'- "'0 c.." ::.... (: ) r:t:ll (11 (fI with the assent of two-thirds (2/3) of each class of Membersto~ c; mortgage said properties. said mortgage shall be subordinate tq,:; r') the Members' rights as provided hereinafter. In the event of a~ -,., ,- defaul t upon any such mortgage, the lender's rights hereunde~ shall be limited to a right, after taking possession of such area, to charge admission and other fees as a condition to continued enjoyment by the Members and, if necessary, to open the enjoyment of such area to a wider public until the mortgage debt is satisfied, whereupon the possession of such area shall be returned to the Association and all rights of the Members hereunder shall be fully restored. (e) The right of the Association to take such steps as are reasonably necessary to protect the Common Area against an attempted foreclosure. (f) The right of the Association to grant access by police, fire, and other public vehicles to the Common Areas. section 2. Deleqation of Use. Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and any facilities thereon to the members of his family, his guests, his tenants, or contract purchasers who reside on his Loti provided, however, such delegation shall not abrogate the duty of any member to pay assessments as provided in Article IV. section 3. Use of Common Area. No Owner may plant, garden, erect, or maintain fences, hedges, walls, or other improvements upon the Common Area, except those improvements installed by Declarant in connection with the development of the land or approved by the ARC. The Board may establish reasonable rules and regulations concerning the use of the Common Area. -4- " ~ . .. ( , ARTICLE III Association Membership and voting Rights section 1. Every Owner of a Lot shall be a member of voting membership: .." r ........, C'.;) to 0 <:..n 0 ::x .J::- c,:::::> ....~ ''''t, 0''') :...' {." f:::), Pl the Association. Membership shall be appurtenant to and may not section 2. The Association shall have two classes "''1 ,.." it c:l 0:(;.; C-) o be separated from the ownership of any Lot. Class A. Class A Member(s) shall be all Owners'j with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. Class B Member(s) shall be the Declarant and shall be entitled to one hundred fifty (150) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) When the Declarant no longer owns any Lots; or (b) On December 31, 1~93, provided, however, that Declarant shall have the option of extending the existence of Class B membership until December 31, 1998 by sending notice of such extension to the Association thirty (30) days prior to said December 31, 1993. ARTICLE IV Assessments section 1. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Declaration Property and for the improvement and maintenance of the Common Area. -5- f' " ,.. \ section 2. Creation of the Lien and Personal Obliqa- tions of Assessments. The Declarant covenants, and each Owner of original assessments, (2) annual assessments, (3) special N c::> rJ c (J1 S .- ~ c:::::> ...:~ c:., ~.' c P' any Lot shall by acceptance of a deed therefor, regardless of to') r.1 whether it shall be so expressed in any such deed or other 3:.- % (-. ,.:.~~ conveyance, be deemed to covenant and agree to all the terms andr"ll n f.::" provisions of this Declaration and to pay the Association: (1):"1 r'" assessments, and (4) individual assessments, all fixed, estab- lished and collected from time to time as hereinafter provided. The original, annua I , special and individual assessments, together with such interest thereon and costs of collection therefor, including costs and reasonable attorneys' fees, shall be a charge and continuing lien as provided herein on the real property and improvements of the Owner against whom each such assessment is made. Each such assessment, together with such interest thereon and cost of collection shall also be the personal obligation of the person who was the Owner of such real property at the time when the assessment first became due and payable. The liability for assessments may not be avoided by waiver of the use or enjoyment of any Common Area or by the abandonment of the property against which the assessment was made. In the case of co-ownership of a Lot, all of such Co- Owners shall be jointly and severally liable for the entire amount of the assessment. Section 3. Oriqinal Assessments. The original assess- ment shall not exceed the sum of 0/0(& ;j,;;.fl>e~lj hFr( Dollars ($ J c:;o. oj) per Lot, and shall be paid at the closing of the sale of each Lot from the Declarant or builder to each Owner. section 4. Annual Assessments. The annual assessments levied by the Association shall be used exclusively for the improvement, maintenance, enhancement and operation of the Common Areas and to provide services which the Association is authorized or required to provide including, but not limited to, the payment of taxes and insurance, construction, repair or replacement of -6- I, t' . , improvements, payment of the costs to acquire labor, equipment, materials, management and supervision necessary to carry out its authorized functions, and for the payment of principal, interest and any other charges connected with loans made to or assumed, b (1'1 . y!fl :-t: .~ tq:." PI (." (:, "-> c::> trl '0 <..n (:) :;x ....:..... c:::> -t~ - CT') J'Iol ~~; ) r......, P1 the Association for the purpose of enabling the Association perform its authorized or required functions. section 5. Special Assessments. ...,., r- In addition to the' annual assessments, the Association may levy in any assessment year a special assessment for the purpose of defraying, in whole or in part, the costs of any acquisition, construction or reconstruction, unexpected repair or replacement of a capital improvement upon Common Areas or easements including the neces- sary fixtures and personal property related thereto or for emergency purposes; provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for that purpose. written notice of any meeting called for the purpose of making the levy of a special assessment shall be sent to all members not less than ten (10) days nor more than thirty (30) days in advance of the meeting. section 6. Individual Assessments. The Association may impose an individual assessment upon any Owner whose use or treatment of the Common Area or any Lot is not in conformance with the standards adopted by the Association, or which use or treatment increases the maintenance cost to the Association above that which would result from compliance by the Owner with the use restrictions imposed by this Declaration. The amount of such assessment shall be equal to the actual costs so incurred, plus 10% of said costs for administration purposes, and may be enforced in the manner provided for any other assessment. An individual assessment authorized under section 5, Article VI; sections 7, 14 and 21, Article VII; section l(e), Article IX; and section 1, Article X hereof may be approved by the Board without a vote of the membership. -7- , , f \ . section 7. Annual Assessments. Annual assessments shall be payable in advance in annual installments or in such other installments as determined by the Board. Prior l""V c::> to o U'l ~ ..r.:-- to January 1 of each year the Board shall set the amount of th 1ir. :'C th~~ " r- P1 annual assessment for all assessable property by determining sum necessary to fulfill the obligations and purposes of sai~~ c:::> assessment. -q .,r.:- The annual assessment shall be in addition toth~- ~ r. t.: 1"'1 (:,", (.,1,) original assessment and shall be prorated in the year of initial purchase. written notice of the annual assessment shall be sent to every Owner subject thereto and the due date shall be estab- lished by the Board. Notwithstanding anything contained herein to the contrary, the Declarant, as a Class B Member, shall not be obligated to pay annual assessments, but shall be obligated to pay the amount of common expenses incurred and not paid for by the special and annual assessments collectible from Class A Members. For purposes of this calculation, replacement reserves or capital expenditures shall not be considered as common expenses. Declarant, at its option, may elect to pay annual assessments for Lots it owns rather than subsidize the Associa- tion as hereinbefore set forth. section 8. Maximum Annual Assessment. until January 1 of the year immediately following the conveyance of the first Lot to an Owner other than the Declarant, the maximum annual assess- ment shall be ()~/E I-IvNi>ttb1> f;G~+"-"" Dollars ($ I 70. OJ! per Lot. (a) From and after January 1 of the year im- mediately following the conveyance of the first Lot to an Owner other than the Declarant, the maximum annual assessment may be increased each year not more than ~% above the maximum assess- ment for the previous year without a vote of the membership, as set forth in paragraph (b), regardless of whether the actual assessment for the previous year was less than the maximum assessment permitted hereunder. -8- " 1: . (b) From and after January 1 of the year im- mediately following the conveyance of the first Lot to an Owner other than the Declarant, the maximum annual assessment may be increased above ~% by a vote of two-thirds (2/3) each class o~~ >c members who are voting, in person or by proxy, at a meeting dUl~ 1"11 "-> c::> ~ o c..n ~ .j::l:~ section 9. Date of Commencement of Assessments: C) c:. C::::l ..., .::::-- '"0 Du E!-" CT") 1> 1'':;'') .otf,::- fl"' called for this purpose. Date. The annual assessments provided for herein shall commence as to each Lot at the time of the closing of the purchase of each Lot from the Declarant. The first annual assessment for such Lot shall be adjusted according to the number of months remaining in the calendar year. The due date of any assessment shall be fixed in the resolution authorizing such assessment. The Board shall fix the amount of annual assessment against each Lot at least thirty (30) days before each annual assessment period. written notice of the annual assessment shall be sent to every Owner subject thereto. Upon demand, the Association shall for a reasonable charge furnish a certificate signed by an officer of the Association stating whether the assessments against a Lot have been paid. section 10. Remedies of the Association for Nonpayment of Assessments. Any assessment, whether original, annual, special or individual, not paid within thirty (30) days after the due date therefore, shall bear interest from the said date at the maximum legal rate. The Association may bring an action at law against the Owner personally obligated to pay the same, or file a lien as hereinabove authorized and foreclose said lien by jUdicial foreclosure in the same manner in which mortgages on real property may be foreclosed in Florida. In any such foreclo- sure, the Owner shall be required to pay the costs and expenses of filing the notice of lien and all reasonable attorneys fees, which costs, expenses and attorneys' fees shall be secured by the lien being foreclosed. The Owner shall also be required to pay the Association any assessments against the Lot which become due -9- <., r a during the period of foreclosure. The Association shall have the right and power to bid at foreclosure sale or other legal sale and to acquire, hold, convey, lease, rent, encumber, use and otherwise deal with the Lot as Owner thereof. No Owner may waive the same. f'...,) c::> (l'I c, c..n ~. .(.:- C'::::> ..;:::.- "'tJ 0'> ~.. (;~ "1 Ci.ll or otherwise escape liability for the assessments provided her~in (,., rtl by nonuse of the Common Area or the Lot(s) owned. Any suit t~ r.'., r:'~ recover a money judgment for unpaid expenses and assessment~ c; hereunder shall not be deemed to be a waiver of the lien securin~ section 11. Subordination of the Lien to First Mortqaqes. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage recorded prior to the time of recording a notice of lien. The sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. Such unpaid assessments shall be deemed a common expense of the Association and collectible from all Owners, pro rata, including the acquiring mortgagee, its successor or assign. Any such transfer to or by a mortgagee shall not relieve the transferee of responsibility nor the Lot from the lien for assessments thereafter becoming due. ARTICLE V Architectural Review No dwelling, building, fence, swimming pool, walls, exterior antennas, satellite dishes, or other Structure shall be commenced, erected, or maintained upon the Declaration Property, nor shall any exterior addition to, change or alteration therein, including exterior coloring, be made, nor shall any tree removal, landscaping and additional landscaping, nor changes in existing fences, hedges, planting walls, walkways and other structures be commenced until the plans and specifications showing the nature, -10- .. t kind, shape, height, materials, color, approximate cost and location of the same shall have been submitted to and approved in writing by the Board or by the Architectural Review Committee.as ......., c:::> ~ <.n ~ -+=- set forth in Article VI, below, and also approved by the ar~ :< chitectural review board ("winter springs Development ARB"~ f'l1 called for under the Declaration of Covenants and dated June 30p "'1 1988, recorded July 8, 1988, at O.R. Book 1974, Page 1409f c::> -r::- 0') 0') -0 ,.... . .;:.~ f'q Public Records of Seminole County, Florida, which covenants and restrictions are amended to increase the minimum dwelling square footage to 1900 square feet, to eliminate the setback require- ments set forth therein, and to substitute the lot sizes shown on the site plan prepared by Donald w. McIntosh and Associates, Inc., Job Number 87058.0003, for the lot width and depth require- ments originally set out in those covenants and restrictions. Disapproval of plans and specifications relating to proposed improvements may be based upon any grounds, including purely aesthetic considerations, which the Board or the ARC in their sole discretion deems sufficient. In the event the Board or the ARC fails to approve or disapprove proposed plans and specifica- tions within thirty (30) days after actual receipt of same, approval will not be required and this article will be deemed to have been fully complied with. Nothing herein shall be construed to waive the obligation of each Owner to comply with the city Code, City of winter Springs, Florida. ARTICLE VI Architectural Review Committee section 1. Composition. The Declarant, upon the recording of this Declaration, shall form a committee known as the "Architectural Review Committee" (hereinafter referred to as "ARC"), initially consisting of three (3) persons designated by the Declarant. The ARC shall maintain this composition until control of the Association has been passed on to the Owners other than the Declarant. At such time the ARC shall be appointed by -11- '~ the Board and shall serve at the pleasure of the Board. Notwith- standing anything to the contrary contained herein, the Board shall be obligated to appoint a designated representative of Declarant to the ARC for so long as Declarant owns any Lot. No N c::> O'J o c..n ~ ~p:... tn member of the ARC shall be entitled to compensation for service~ 3.r-: performed; but the ARC may employ independent professiohat~ n advisors and allow reasonable compensation to such advisors fro~ (~ "'l r- " ):... (,1 P"\ -J. ....."::- Association funds. Cl"') The ARC shall have the following section 2. Duties. duties and powers: (a) To adopt, promulgate, rescind, amend and revise from time to time its rules and regulations governing architectural control; provided, however, such rules and regula- tions shall be consistent with the provisions of this Declaration and shall be filed with and made a part of the Association IS minutes; (b) To consider for approval the plans and specifications relating to all proposed buildings, fences, walls, pools, structures or other improvements which shall be commenced, erected, repaired, modified or maintained on any Lot; (c) To approve or disapprove in writing any such building plans and specifications, lot grading plans, and landscaping plans. (d) To require to be submitted to it for approval any samples of building materials proposed or any other data or information necessary to reach its decision; and (e) To require any builder to submit a set of plans and specifications to the ARC prior to obtaining a building permit, which set of plans and specifications shall become the property of the ARC. The work contemplated must be performed substantially in accordance with the plans and specifications as approved. All approvals of plans and specifications must be evidenced by the signature of the Association President or Vice -12- " President on the plans or specifications furnished. The exis- tence of the signature of the Association President or Vice President on any plans or specifications shall be conclusive proof of the approval by the ARC of such plans or specificati~ns. Notwithstanding the above, nothing herein shall gran~ :-:: construction of residential struc~ r~ P'l r-..J C) ~ (J'1 ~ .1::- the ARC power to approve the tures other than single family residences upon the DeclarationB c:) Property. -r1 ...;:-..-- r- . en 1~ <"~ p' co section 3. Standards. No approval shall be given by the ARC pursuant to the provisions of this Article, unless the ARC determines that such approval shall: (a) assure harmony of external design, materials and location in relation to surround- ing buildings and topography within the Declaration Property; (b) shall protect and conserve the value and desirability of the Declaration Property as a residential community; (c) shall be consistent with the provisions of this Declaration; and (d) shall be in the best interests of the Association in maintaining the value and desirability of the Declaration Property as a residen- tial community. section 4. Declarant-Owned Lots. The consent of the ARC shall not be required as to any proposed construction or improvement on any Lot owned by the Declarant, but nothing herein shall release the Declarant from review by the winter Springs Development ARB. Section 5. Enforcement. Should any Owner fail to comply with the requirements hereof after fifteen (15) days' written notice, the ARC, the Declarant, and the Board shall have the right to enter upon the non-complying Lot, make such correc- tions or modifications as are necessary to ensure compliance herewith, and/or remove anything in violation of the provisions hereof, all at the sole cost and expense of the Owner. Should the ARC, the Declarant, or the Board be required or elect to enforce the provisions hereof by legal action, the reasonable attorneys' fees and costs incurred, whether or not judicial -13- " proceedings are involved, including the attorneys' fees and costs incurred on appeal of such judicial proceedings, shall be collectible from the Owner. The ARC, the Declarant, and the Board, or its agents or employees, shall not be liable to the section 6. Exculpation of Declarant and ARC~ "'-> 0 en 0 (J1 a ~ 4:.- (::::, ...r:::- -0 0") 1- (,;') r..o III Owner for any damages or injury to the property or person of the <<t"I (T' . .~ Owner, unless caused by negligence or reckless or willful actlo~: ('.') ,..- r'1 f') (:) of the ARC, the Declarant, or the Board. Declarant, the Association, the ARC, and the Winter springs Development ARB shall not be held responsible for any loss or damage to any person arising out of the approval or disapproval of proposed plans and specifications, nor shall said Declarant, Association, the ARC, or winter Springs Development ARB be responsible for loss or damage to any person or governmental agency arising out of non-compliance with any zoning law, ordinance, land use, or building regulation. This section does not apply to liability to the City of winter Springs, Florida. ARTICLE VII Restrictions section 1. Residential Use. The Lots shall be used for residential purposes only. No structure other than a residential dwelling shall be erected or permitted to remain on any Lot. No building or other improvements situate on any Lot shall be rented or leased separately from the rental or lease of the entire Lot, and no part of any such building shall be used for the purpose of renting rooms therein or as a boarding house, hotel, motel, tourist or motor court or any other type of transient accommodation. section 2. Vehicular Parkinq. Vehicular parking on and within the Development shall be strictly limited to paved driveways. No commercial vehicles shall be parked in the Development, except those present for business purposes. No motorcycles, trailers, boats, campers, trucks, mobile homes, or -14- motorized recreational vehicles may be parked for a period of more than twenty-four (24) hours in the Development unless parked inside garages and concealed from public view. No inoperative automobiles, trucks, trailers or other types of vehicles shall be allowed to remain either on or adjacent to any Lot for a period~ ::t: section 3. Siqns. ""'1 r'- 1'0..) <:::> CD 0 <.n 0 ;;:0: ~ c::> .;::.- -0 ......., > G') ,r,;:;:) Pl in excess of forty-eight (48) hours, unless parked inside ~c garage~':~~ 1'1 n c:, and concealed from public view. A. Except as otherwise permitted herein, no sign or any character shall be displayed or placed upon any Lot, except "For Sale" or "For Rent" signs, which may refer only to the particular Lot on which displayed, and shall not exceed thirty-six inches (36") by twenty-four inches (24"). B. Nothing contained in this Declaration shall prevent Declarant, or any person or entity designated by Declarant, from erecting or maintaining such commercial and display signs as Declarant may deem advisable for development purposes, provided such are in compliance with the appropriate governmental regulations applicable thereto. section 4. Aerials. No exterior radio or television mast, tower, pole, wire, aerial, satellite receiving stations or dish, antenna or appurtenances thereto, shall be erected on any Lot. section 5. Electrical Interference. No electrical or electromagnetic signals, machinery, devices or apparatus of any sort shall be used or maintained on any Lot which causes inter- ference with normal television or radio reception received on any other Lot. Section 6. Household Pets and Livestock. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot, except that dogs, cats, or other common household pets may be so kept; provided, however, that same are not kept, bred, or maintained for any commercial purpose, that they are leashed when off the Owner's premises, and provided that if any -15- . , . of such permitted animals shall, in the sole and exclusive opinion of Declarant and/or the Association, become dangerous or an annoyance or nuisance in the neighborhood or nearby property or destructive of wildlife, they may not thereafter be kept in or on the Lot. The Association may, from time to time, publish and of animals that may be kept on Lots. No Owner I.n type and numbefd ;;:: ,.Jl..- t":',' shall keep mor~; r-...> c:::> tn o (J1 ~ impose reasonable regulations setting forth the r;; than two dogs or two cats per household, in accordance withth~ c.::> ""1 ~ r- City Code of the City of winter Springs. In the event the City "1J -.,. ~~ tll Code of the City of winter Springs in revised with regard to household pets, this Declaration shall be deemed revised to comply therewith. section 7. Maintenance. Each Owner, at his sole cost and expense, shall maintain his Lot(s) and any and all Structures and improvements thereon in a reasonable and aesthetically pleasing manner. In the event any Owner fails to comply with this section, then, after giving said Owner ten (10) days' written notice, the Association shall have the right, but not the obligation, to go upon said Lot and do any act or furnish any labor and/or materials necessary or desirable to cure such non- compliance with this section, all at the expense of said Owner. Such expense shall constitute an individual assessment against the Lot. section 8. Exterior Colors/Materials. The exterior color and type of material of and comprising all dwellings and Structures upon the Declaration Property shall comply with the requirements prescribed by the ARC, whether such exterior colors and/or materials shall be original or replacement in nature. section 9. Nuisances and Trespassing. No illegal, obnoxious or offensive activity shall be permitted or carried on any part of the Property, nor shall anything be permitted or done thereon which is or may become a nuisance or a source of embar- rassment, discomfort or annoyance to the neighborhood or Develop- mente No trash, garbage, rubbish, debris, waste material, or -16- . , other refuse shall be deposited or allowed to accumulate or remain on any part of the Declaration Property, nor upon any land or lands contiguous thereto. No fires for the burning of trash~~ 1'1'1 leaves, clipping, or other debris or refuse shall be permittedo~ Q ,.- . rt, any part of the Declaration Property. No blcycles, cars, trucks~~ <0 f',,) 0 o:l 0 (J1 c> :::It ..:::- c::.':I ...::::-- -.. .. -..., :";Jlt (;;.) ~ rq vehicles, tricycles, scooters, wagons, carriages, shopping carts? chairs, benches, tables, toys or other such items shall be parked or permitted to stand for any period of time on the Common Area. In the event of any question as to what may be or may become a nuisance, such question shall be submitted to the Board for a decision in writing which decision shall be final. The Board shall have the authority to have any unauthorized person or vehicle arrested or removed from the Declaration Property. Section 10. Re-Subdividinq. The Lots shall not be re- subdivided, re-platted or divided without the prior written consent of Declarant or the Association as the successor to the Declarant. Nothing herein shall permit re-subdividing, re- platting, or dividing of any Lot without the required approvals of the City of winter Springs or any other governmental entity. Section 11. Laundry. Clotheslines are not permitted unless they are completely hidden from the view of persons off the Lot. No clothing, bedding or other laundry shall be hung over or on any windows, doors, walls, fences or other supports if the same are visible from any street. Section 12. Fences. Walls and Hedges. There shall be no fences permitted on a Lot unless same shall comply with the requirements below and are approved by the ARC and the winter Springs Development ARB. (a) ARC Approval. The size, material, color and location of all privacy fences or walls must be approved by the ARC. Landscape buffers may be required on the outside of any privacy fences and walls. The installation of chain-link fences is prohibited, except as required by statute, ordinance, or -17- . . governmental rule or regulation around retention ponds or open ditches. (b) Installation. All fences must be installed fence shall exceed six (6) feet in height. ..., r- r-..> C':) ro 0 c...n Q :;:0; +:.- c.-::'l .::=- "'t 1.'" ~ ,~..~ (~ P' may be required herein. All have landscape buffers as t,., ""1 fencing, walls, and landscape~ ~: c') r- NOl"rt ("'J o with the posts on the inside and must buffers shall be maintained in a good condition by the Owner. (c) Location. No fence may be constructed in th~ following areas: (1) Any part of a Lot between the street facing the front of the dwelling and the wall of said dwelling closest to the rear boundary of said Lot. (2) Any and all easement areas as set forth in the Plat of Carrington Woods, except as required by statute, ordinance, or governmental rule or regulation. (d) Association's Fences. Notwithstanding anything to the contrary, the Declarant and the Association, as successor of the Declarant, shall have the right to install and maintain walls and fences around the perimeter of the Development on individual Lots, with said fences or walls to be maintained by the Association. Additionally, so long as Declarant or a builder designated by Declarant maintains any model homes wi thin the Development, they shall have the right to fence the entire Lot or Lots being used as models without the review or approval of the ARC. This section 12 does not apply to completely enclosed, screened areas attached to a dwelling. Section 13. Carriaqe Liqhts. The size, location, number, design, style and type of material for free-standing carriage lights shall be as designated by the Declarant or approved by the ARC. section 14. Weeds. Trash and Garbaqe. The Owner of each Lot shall, at his or her own expense, keep such Lot, including any easement areas located on such Lot, free of weeds, tall grass, undergrowth, dead trees, dangerous and/or dead tree -18- , . limbs, weeds, trash and any and all other unsightly objects and shall keep such Lot at all times in a neat and attractive condition. In the event the Owner fails to comply with this section, then, after giving the Owner ten (10) days' wr i tte~ :'t: Z notice, the Association shall have the right, but not th~ r"1 obligation, to go upon such Lot and to cut and remove tall grass~ .,., 1'"- undergrowth and weeds, and to remove rubbish and any unsightly or undesirable things and objects from the Lot, and to do any other things and perform and furnish any labor necessary or desirable in its judgment to maintain the property in a neat and attractive condition, all at the expense of the Owner of such Lot, which expense shall constitute an individual assessment against the Lot. Such entry by the Association upon a Lot shall not be deemed a trespass. section 15. Requlations. Reasonable rules and regulations concerning the appearance and use of the Declaration Property may be made and amended from time to time by the Declarant or the Association as successor to the Declarant in the manner provided by the Articles of Incorporation and Bylaws. Copies of the Regulations and the amendments thereto shall be available to all Owners for review at the offices of the Associa- tion during regular business hours. section 16. Casualties. In the event a dwelling or any part thereof is damaged or destroyed by fire, casualty or otherwise, or in the event any improvements upon the Common Areas are damaged or destroyed by casualty or otherwise, the Owner thereof or the Association, as the case may be, shall promptly clear all debris resulting therefrom, and commence either to rebuild or repair the damaged improvements in accordance with the terms and provisions of the Declaration, or in the case of the Common Area, to grass over and landscape the land previously underlying the improvements in a manner consistent with the surrounding area. -19- '" C) tl:l 0 U1 C",. 7- ..p.. c:;:, .t::" -0 --.J 1>- (,;'') ..,r::-o III , , Section 17. Reconstruction. Any repair, rebuilding or reconstruction on account of casualty or other damage on any Lot or Common Area, or any part or parts thereof, shall be substantially in accordance with the plans and specifications for such property and areas as originally constructed or with new plans and specifications approved by the ARC. Section 18. Set-Backs. All Structures shall l"'oo.) C) m "l (:.') b~ <:.J1 c.::> ?'C -+:" Cl not; () 0 <:::> "1 oC:- -" r- -.. ):>- t;) ,,~.n I'll located and positioned on a Lot by Declarant or the ARC so as to violate the following set-back requirements: Front Rear Side 25 feet from front lot line 25 feet from rear lot line 7.5 feet from side lot line In the event a lot is located on a corner, the above- stated Front set-back shall apply to the street upon which the house faces, and the Side set-back for the side facing the side street shall be 25 feet from the side lot line. The pr imary - structure on each Lot shall be located and positioned on the Lot so as not to prohibit the construction of a reasonably sized swimming pool on the Lot so that the water's edge is no less than ten (10) feet from the rear lot line and the screen enclosure is -- -- no less than seven and one-half (7 1/2) feet from the rear ""...-- ------.., property line. section 19. Character of Homes. A. No dwelling shall have a square foot living area of less than one thousand nine hundred (1,900) square feet, exclusive of screened areas, open porches, terraces, patios and garages. B. No dwelling shall exceed two (2) stories in height. No dwelling shall exceed thirty (30) feet in height. C. No projections of any type shall be placed or permitted to remain above any roof of the dwelling with the exception of one or more chimneys or vent stacks. No solar collectors shall be visible from any front street. D. No dwellings shall have an exposed structural block, imitation brick, or imitation stone face. -20- , . E. All dwellings shall be constructed with solid concrete driveways or decorative pavers approved by the ARC. F. All heating oil tanks, soft water tanks, wel~ 3: Z pumps, pool heater and air conditioner compressors, wood pileso~ ,." other ancillary or mechanical equipment, shall be suitabl~ "", r- screened so as not to be visible from any Lot or street. Use of N c::> 0) 0 c..n C'>, ~. ..:::-- C::> ~ r ..;:::-. '"0 -." >~' Cl C:r') ( <I window or wall unit air conditioners is prohibited. section 20. Drainaqe. No elevation changes shall be permitted which materially adversely affect the surface grade or drainage of or to surrounding property. Section 21. Tree Removal and Landscapinq. There shall be no removal of trees or clearing of a Lot, other than clearing of underbrush, until such time as the ARC has approved in writing a general, conceptual landscape plan that designates specifically those existing trees to be retained and preserved on the Lot. A landscape plan shall be drawn by an approved Florida Registered Landscape Architect and sealed, and must have the prior written approval of the Declarant and the ARC and must meet the requirements set forth below. (a) All Lots shall have entire solid sodded front, side and rear lawns of Floratam sod or such substitute sod as approved by Declarant and the ARC, except in approved land- scape areas as submitted on the landscape plan. (b) The front and side yards of all Lots shall have a one hundred percent (100%) underground installed sprinkler system with automatic timer. (c) The Owner of each Lot shall ensure prior to his occupancy of any dwelling thereon that landscaping improve- ments (other than those specified in (a) and (b) above) of a minimum value of HF~ ;-!uN/)/!rfl) Dollars ($ {S;t7CJ. '!.! have been installed, planted or otherwise implemented on said Lot, and shall supply reasonable evidence thereof upon the request of declarant, the Association, and/or the ARC. -21- The Owner shall, at his own expense, design and install all landscaping on the Lot in accordance with these provisions. If, at the time construction of a dwelling is completed,. the Owner has not complied with the terms hereof, the Declarant may~ :'t: 2= at the expense of the Owner, design and install all require~ . 1''11 landscaping on the Lot, which expense shall constitute a~ individual assessment against the Lot. Future additions modifications to the landscaping on a Lot must be approved by the ARC. Section 22. Accessorv Structures. No tent, shack, garage, trailer, barn or other temporary or accessory building shall at any time be erected and used temporarily or permanently as a residence or for any other purpose, except as approved by the ARC; provided, however, temporary buildings, mobile homes or field construction offices may be used by Declarant and contrac- tors in connection with construction work and/or sales efforts relating to the Development. section 23. Refuse Collection. All trash, garbage or other refuse shall be maintained in a location not visible from the front property line, and shall be placed for pickup not earlier than the evening preceding pickup, and any and all containers for such trash, garbage or refuse shall be returned no later than the evening of the pickup to their normal location. No weeds, rubbish, debris, objects or materials of any kind shall be placed or permitted to accumulate upon any property within the Declaration Property land if it renders the land or any part thereof unsanitary, unsightly, offensive, or detrimental to the Development or any Lot. Notwithstanding anything contained herein to the contrary, it is understood that Declarant reserves the right to maintain normal construction debris on any Lot until the certificate of Occupancy for any dwelling located on such lot is issued; provided, however, during construction of dwellings, Lots shall be cleaned and cleared of debris not less than two (2) times during such period. -22- ..... ,- or f'.) 0 en 0 (J1 0 :;:00: ..&:i"" c::::) ..-=- ""U -., J,.. c., -.r rn section 24. Ordinances. Every Owner, their licensees, guests, invi tee and tenants shall at all times abide by all county, city, or other governmental ordinances, including, bUXl :;t; . :;;r. leases, parkln~ I'll M o not limited to, ordinances with regard to pets, and conduct. section 25. pumpinq. ""'1 The Owners of any Lot which includes or is adjacent to a pond, creek, bay head, drainage area or other body of water shall not draw down said body of water by pumping or draining therefrom. section 26. Skateboard Ramps. No skateboard or bicycle ramp, structure or other apparatus of any sort used in conjunction with a skateboard or bicycle shall be installed or maintained on any portion of any Lot. section 27. Screen Rooms. No porches, patios, pool enclosures or other screened improvements of any nature whatso- ever shall be erected, replaced or maintained on any Lot without the prior approval of the ARC. Section 28. Declarant's Use. Until Declarant has completed all of the contemplated improvements and closed the sale of all the Lots, neither the Owners nor the Association nor the use of the Declaration Property shall interfere with the completion of the contemplated improvements and the sale of the Lots. Declarant may make such use of the unsold Lots and Common Area without any charge as may facilitate such completion and sale, including, but not limited to, maintenance of a sales office, construction office, the showing of the Declaration Property and the display of signs and the use of Lots as parking lots notwithstanding anything contained herein to the contrary. section 29. Amendments and Modifications bv Declarant. Notwithstanding any provisions of this Declaration to the contrary, Declarant, its successors and designated assigns, reserve the right and authority for a period of ten (10) years ...... --. from the date of recording the original Declaration to amend, modify or grant exceptions or variance from any of the -23- ......., c::> m C) c..n ~~ ~ ... ;:.: :r-. ~'. ;.~' ,. (;:::t .' ," ~::t ..'=="" ""'tJ1: ~ :r~':.; 1,;.., CO rn restrictions set forth in this Article VII without notice to or approval by the Association or any Lot Owners of the Development, but nothing herein shall be construed to permit such amendment, modification, exception, or variance without the prior approval tn f"'1 of winter springs Development Joint Venture pursuant to th~ ;2": r-,.:t roO" Covenants and Restrictions recorded at O.R. Book 1974, Page 1409~1 \-, (;:) Public Records of Seminole County, Florida, and without approva~ of the City of winter Springs, Florida. l"'-...) c:::> m (:) (J1 0 ;llC 4='" c::> +:- ;;. ........, C? <:"0 rl, section 30. Lot Size. Lot sizes shall be as shown on the approved Plat or Plats of the Declaration Property. Any prior restrictions or requirements regarding minimum lot width and depth, specifically including, without limitation, those lot width and depth requirements set forth in the Restrictions, are hereby amended to comply with the provisions of this section 30. To the extent the Declaration of Covenants and Restr ictions, dated June 30, 1988, recorded at O.R. Box 1974, Page 1409, Public Records of Seminole County, are in conflict herewith regarding lot size, set back requirements, and minimum dwelling size, they are revised to comply herewith. ARTICLE VIII Easements section 1. Easements. Easements are hereby reserved by the Declarant for utility or drainage purposes on the Declara- tion Property as indicated on the recorded (or to be recorded) Plat. The Declarant reserves the right to assign any and all easements shown on any recorded plat or which are hereafter created for installation of utilities, drainage, or other uses deemed by Declarant to be necessary or appropriate for the service of or ingress and egress to and from the Development. The Declarant hereby reserves and grants for itself and its successors and assigns easements through and across the Declara- tion Property for purposes of ingress and egress and to provide installation, maintenance, repair and replacement of water, sewer, and utility service and stormwater drainage for the -24- . Development. Neither the easement rights reserved herein, nor as shown on the Plat shall impose any obligation on the Declarant to maintain such easements or to install or maintain utilities or tn any drainage in or under such easements. m :1: ;r.: section 2. Florida Power Easement. without limiti~ n the generality of the foregoing section 1, each Owner acknowI:";;: '"'1 ,.... edges the existence of that certain easement in favor of Florida Power Corporation, as recorded in Book 201, Page 231, and re- recorded in Deed Book 304, Page 215, Public Records of Seminole County, Florida, and further acknowledges that said easement restricts the use of Lots 31-37 of Unit I of Carrington Woods and Lots 38, 82-99, 118-22, 127-30, 136, 137, 138, and 146 of unit II of Carrington Woods, as shown on Exhibit "A", attached hereto. Particularly, but not by way of limitation, said Florida Power Corporation easement prohibits the growth of trees and the construction of any building or structures, other than fence and crossroads, within the easement area. In addition, no portion of the Florida Power Easement Area shall be used in violation of any of the guidelines set forth by Florida Power Corporation, including, but not limited to, the following, which may be revised from time to time: (a) Fencing, with a gate, may be permitted, subject to access by Florida Power Corporation's access require- ments. A clear and unencumbered passageway for patrol and maintenance vehicles must be maintained. (b) Ornamental trees and shrubs may be permitted subject to a maximum height limitation. Only species with a mature maximum height of 15 feet will be allowed. (c) Excavation, grading, fill, drainage, and retention may be permitted, subject to requirements for control established by Florida Power Corporation. (d) Vehicle parking may be permitted, provided the following restrictions are observed: -25- " . f',.) C) tx:l 0 <...n 0,.. ::x .. ..po. ~ t: or ,. ,. 0 ... <; ~ -+="" .." ...: co >..... c') 0 /"rt . (1) No parking will be permitted within 25 feet of the above-ground portions of any transmission struc- ture or supporting facility. (2) A restricted area protected by suitable rn 3: protective barriers shall extend around the above-ground porti~ r-" ,.,l of any transmission tower, pole, or guy facility. 8 ...., (3) Parking facilities will be so arrange!a as to provide unobstructed access within the right of way to all transmission facilities. (4) Vehicles shall be motor vehicles of an operative and transient nature; house trailers or carriers of explosive materials are prohibited. (e) storage of equipment and materials may be permitted, subject to the nature, maximum height, and location limitations established by Florida Power Corporation. storage of flammable or explosive materials will not be permitted. (f) Recreational uses may be allowed, subject to, among other things, their location in relation to Florida Power Corporation facilities. (g) Because of safety and line maintenance requirements, the following utilizations are not permitted: (1) Buildings (2) Swimming pools (3) Signs (4) Trees with a mature height over 15 feet (5) Dumpsters (6) Septic tanks (7) Any item, plant, or structure exceeding 15 feet in height. section 3. Maintenance of Easements. The Owners of the Lot or Lots subject to any easements shall acquire no right, title or interest in or to any poles, wires, cables, conduits, pipes, mains, valves, lines or other equipment or facilities placed on, in, over or under the property which is subj ect to -26- .....v C) to 0 c...n 0... ::-: ." ..p- -, i.' l' " :~ <:::::> ~. < ::~ ..:::- -0... co t,. ~. (:.) Pl . ~ said easements. Easements on each Lot, including landscape easements and plantings thereon, whether reserved hereunder or as shown on the Plat, or as may have been installed by th~n ,..., ::r: Declarant, and all facilities and improvements in such easement~ r'';: rn shall be maintained continuously by the Owner of the Lot, exceptH o ~ <::::) m 0 CJ1 0 ;;.; ..f:'" <:::::) .po. .." co >- G"l "", P1 for those improvements for which the utility or Provider . ." J.~ responsible. with regard to specific easements for drainage as shown on the Plat, the Declarant shall have the right, but without any obligation imposed thereby, to alter or maintain drainage facilities on such easements, including slope control areas. No structure, irrigation system, planting or other material shall be placed or permitted to remain which may damage or interfere with access to, or the installation and maintenance of, the easements or any utilities or drainage facilities, or which may change the direction of flow or obstruct or retard the flow of water through drainage channels on any easement or which may reduce the size of any ponds, creeks, lakes or other water retention areas which are shown on the Plat or which may be constructed on such easement. Nothing herein shall permit any alteration to any drainage facility without all of the required approvals of the city of winter Springs, Florida. ARTICLE IX Maintenance of Common Area and Lots section 1. The responsibility for the maintenance of the Common Area and Lots within the Development shall be as follows: (a) Ponds. VVRS and Brick Pavers. Notwithstand- ing anything to the contrary contained herein, and without limiting the generality of any other provision of this Declara- tion, the Association shall own and maintain all retention ponds, vertical volume recovery structures ("VVRS"), and brick pavers situated throughout the Development. Inlets to exfiltration systems must be inspected and cleaned of debris and sediment on a -27- ..\ I ... 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. If (Il maintenance measures prove insufficient, the permittee must app~ .5: for and obtain District approval of an alternate design that wi~i (;l C) . perform the same function. (b) Common Area. The Association, subject to the rights of the Owners set forth in this Declaration, shall be responsible for the exclusive management, control and maintenance of that portion of the Common Area and any improvements thereon not dedicated to public use, and shall keep same in good, clean, attractive and sanitary condition, order and repair. (c) Lots. Each Lot Owner shall be responsible for the maintenance of his Lot and right-of-way areas, including, but not limited to, the responsibility to replace and care for trees, shrubs, grass, walks and other exterior improvements located within a Lot. In the event an Owner fails to maintain the exterior of his Lot in a good, clean, attractive and sanitary condition, or in the event the Board deems it in the best interest of the Development, then the Association may provide said maintenance after delivery of ten (10) days written notice to the Owner and the cost of said maintenance shall be assessed by the Association to the Owner of said Lot as an individual assessment. The Association shall have a right and easement in and to the land comprising each Lot in order to maintain same in accordance with this Article and said right and easement shall be a covenant running with the land as to each Lot. (d) Taxes. The Association shall pay all real and personal property taxes and assessments for any property owned by the Association. (e) Insurance. The Association shall maintain adequate casualty and liability insurance on the Common Area, and fidelity bond coverage as specified in the FNMA Lending Guide, Insurance Requirements. -28- 'TJ r- f',.) c::> t)) <::) U1 0" ;-: ..; ..t:!- ., ~ ~, ,. Cl ~. C':) c ~ ~... "'"0(:" Q:) J>" C) (..." rn , t '" (f) Drainage and utility Easements. The Associa- tion shall not be responsible for maintaining any easement areas designated on the Plat as Drainage or utility Easements. Such drainage and utility easements shall be maintained by the ~ (1'1 c:> ~~ CJ1 .z ..t:::- section 2. Declarant shall convey the title to tije ", Common Area to the Association free and clear of all lien$] c> -., ..I:::- easements and encumbrances except as set forth in the Platartd co individual Lot Owners as set forth in Article VIII. ~ <:) ~"': .... ;';:'; 1''; t.., ~;, ~ f .~. r~ (.;... ~ -0'''' ~~.,~ C) n.' ~ those reserved and granted herein, provided, however, for as long as Declarant owns any Lot, Declarant retains an easement for itself, its assigns, agents, invitee and licenses to the extent necessary to complete construction of the Development or any portion thereof, to show and sell Lots including the unrestricted right to erect signs, and to use the Common Area for ingress and egress and for marketing and sales activities. ARTICLE X Remedies Section 1. Violations. Whenever there shall have been built, or there shall exist on any Lot, any structure, building, thing or condition which is in violation of this Declaration, the Association shall have the right, but not the obligation, to enter upon the property where such violation exists and summarily abate and remove the same, all at the expense of the Owner of such property, which expense shall become an individual assess- ment and shall be payable by such Owner to the Association on demand. Such entry and abatement or removal shall not be deemed a trespass or make the Association liable in any way to any person, firm, corporation or other entity for any damages on account thereof. -29- .. . ARTICLE XI General Provisions t.n ,.,., :-C t~ '. r- m ........, <=> r.n (:) <.n 0, ~. .:::- c::> ..po- '"'T;! Ct') > c; r....n I'Tl section 1. Approvals. Wherever in the Declaration consent or approval of Declarant is required to be obtained, n~ "Tl action requiring such consent or approval shall be commenced or undertaken until and after a request in writing seeking the required approval has been submitted to and approved in writing by Declarant. In the event Declarant fails to act on any such written request within thirty (30) days after the same has been submitted to Declarant as required above, the consent or approval of Declarant to the particular action sought in such written request shall be conclusively and irrefutably presumed. However, no action shall be taken by or on behalf of the person or persons submitting such written request which violates any of the provisions of the Declaration. section 2. Assignments. Declarant shall have the sole and exclusive right at any time to transfer and assign to any person, firm or corporation, including, but not limited to, the Association, any or all rights, powers, easements, privileges, authorities and reservations given to or reserved by Declarant by any part or paragraph of the Declaration or under the provisions of the Plat. If at any time hereafter there shall be no person, firm or corporation entitled to exercise the rights, powers, easements, privileges, authorities and reservations given to or reserved by Declarant under the provisions hereof, the same shall be vested in and be exercised by a committee to be elected or appointed by the Owners of a majority of the Lots. Nothing herein contained, however, shall be construed as conferring any rights, powers, easements, privileges, authorities or reserva- tions in such a committee, except in the event aforesaid. None of the provisions of this section shall apply to or affect the provisions of Article III. section 3. Declarant's Rights. For so long as Declarant owns any Lot in the Development prior to turnover, and -30- " l subject to the rights of Winter Springs Development Joint Venture, pursuant to the Covenants and Restrictions recorded at O.R. Book 1974, Page 1409, Public Records of Seminole CountYc.h ("1" Florida, Declarant reserves and shall have the sole and exclusiv} (..,~ r rtl right: C"'> o f',,) c::::> CJ1 .p- ~ ~<;;: - .(:.:~ 't"" ,..... :;~ '" (a) To modify and amend this Declaration as meW be required by the Federal National Mortgage Association, the c:::> .t:::- oo 0") ,..~ c: .,.. "'0"" ~"'" (;") (11 Veterans Administration or the Federal Home Mortgage Association or other insurer of first mortgages upon the Lots without acquiring the approval or joinder of any other Owner or mortgagee. (b) To amend, modify or grant exceptions or variances from any of the use restrictions set forth in Arti- cle VII of this Declaration without notice to or approval by other Owners or mortgagees. All amendments, modifications, exceptions or variances increasing or reducing the minimum square footage of dwellings, pertaining to fence size, or pertaining to the location of Structures on a Lot shall be conclusively deemed to be within the authority and right of the Declarant under this subsection. Nothing herein shall permit any exception or variance to any restriction, ordinance, rule, or regulation wi thout all of the required approvals of the City of winter Springs, Florida. (c) To amend the Declaration for the purpose of curing any error or ambiguity in or any inconsistency between the provisions contained herein without acquiring the approval or joinder of any Owner, Member, mortgagee or the Association. (d) To include in any contract, deed, sublease agreement or other instrument hereafter made any additional covenants and restrictions applicable to the Declaration Property which do not lower the standards of this Declaration. (e) To cause additional lands to become subjected to this Declaration, which additions may be made whenever the Declarant in its sole discretion deems appropriate. Any such -31- " I .. . additional lands that may be subjected to this Declaration may be of any size and contain any number of Lots, along with any common areas deemed appropriate as determined solely by Declarant. The 1"'00.,) C) C.J'1 .r::- CD <::I ~rr - ?::; ~. ....-. ';.,,.. f....' (""':; :':r;; ~~;:~ ~"'-, C? (/1 additions authorized hereunder shall be made by Declarant'e ,..., 3: filing of record a further Supplemental Declaration of covenan~ r- ""1 and Restrictions, which shall extend the scheme of the covenant~ c.::> conditions and restrictions of this Declaration to the "TI ~ rec!I co ~ Such property described in any such Supplemental Declaration(s). Supplemental Declaration(s} shall be made by the Declarant and shall not require consent of any Owner, Member, mortgagee of a Lot, or the Association. Such Supplemental Declaration may contain such additions and modifications of the covenants, conditions and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the additional lands being subjected to this Declaration. The Owner of each Lot in any additional lands subjected to this Declaration shall become a Member of the Association when the Supplemental Declaration is recorded in the Public Records of Seminole County, Florida, submitting the additional lands in which the Lot is located to the terms of this Declaration; and, at that time the Owner may exercise all rights of a Member of the Association, including the right to vote, and shall become subject to the terms and conditions of this Declaration as provided in the Supplemental Declaration, including such obligations as payment of assessments. (f) Notwithstanding anything contained herein to the contrary in this Declaration, the Articles of Incorporation or Bylaws, the Declarant shall be entitled to use any unsold Lot as an aide in selling Lots or as a sales office, construction office, or parking lot, and shall further be allowed to place on the Development signs advertising the sale of Lots, construction trailers and sales trailers. The Declarant shall further have the right to complete construction of all improvements to the Common Area contemplated by its development plan and to transact, -32- ,'<"'- ., I 41 " .. . .. . I section 7. Conflicts Between Declarations. To the extent there is any conflict between this Declaration and the Declaration of Covenants and Restrictions dated June 30, 1988, recorded July 8, 1988, at O.R. Book 1974, Page 1409, Public r-.,) 0 CJ:I 0 Con 0 ;x .p.. c::> .~ "'0 co ;t,,. c;., ~.o rfl ('Il Records of seminole County, Florida, the Declaration sha~~ Z c.) control. Additionally, nothing in the Declaration of Covenan~ C'"> and Restrictions dated June 30, 1988, shall alter the rights an~ ..., r- authorities granted to the city of winter Springs in this Declaration. section 8. Neqliqence. Any Owner shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his act, neglect, carelessness or by that of any member of his family, or by his or her guests, employees or lessees, but only to the extent that such expense is not met by the proceeds of insurance carried by the Association. Such liabili ty shall include any increase in fire insurance rates occasioned by use, misuse or occupancy or abandonment of a Lot or its improvements. section 9. Enforcement. The Association, winter Springs Development Joint Venture, the City of winter springs, Florida, or any Owner shall have the right to enforce, by proceeding at law or in equity, whether in an action for damages, injunctive relief or both, all restrictions, conditions, coven- ants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. The remedies contained in this section shall be cumulative of all other remedies provided in the Declaration and legally available. Failure by the Association, winter Springs Development Joint Venture, the City of Winter Springs, Florida, or by an Owner to enforce any covenant or restriction herein contained however long continued, shall in no event be deemed a waiver of the right to do so thereafter. Should the Association find it necessary to employ an attorney or institute legal action against any Owner to enforce any provision hereof, the Owner shall pay all costs in connection with such action, including court costs and reasonable -34- "',, " .. . ~ on the Development, any business to consummate the sale of Lots, and all sales office and model furniture shall not be considered Association property and shall remain the property of the Declarant. section 4. Additional Covenants. No Owner may impose r" :c on any part of t~ r- rr, ......, C) <..n .p:.. co o ~.~~ ......., '-~'.:' . ;--:: any additional covenants or restrictions Declaration Property without the prior written approval q! .., Declarant or of winter Springs Development Joint Venture pursuant o ~ co ,:0 :~-..:- t'., ("'j r:::,l ~:r '"tJ;:;.., :r:-'" G-' rq to the Covenants and Restrictions recorded at O.R. Book 1974, Page 1409, Public Records of Seminole County, Florida. section 5. Amendment and Termination. The covenants and restrictions of this Declaration shall run with and bind the land for a term of thirty (30) years from the date this Declara- tion is recorded. Notwithstanding anything contained herein to the contrary, no amendment of this Declaration which in any way alters, changes, limits, diminishes or otherwise affects any institutional mortgagee's position, right or equity as mortgagee of a Lot shall be effective without the joinder of the institutional mortgagee. For purposes of this statement, an institutional mortgagee shall be defined as a bank (including, without limitation, a mutual savings bank), life insurance company, savings and loan associa- tion, real estate investment trust, pension fund, trust, govern- ment agency, mortgage company, FNMA, or other lender active in the area, including the successors and assigns of any such entity. Section 6. Compliance with Covenants and Restrictions. Nothing herein shall permit or authorize any violations of, amendments to, or deviations from the Declaration of Covenants and Restrictions recorded by the winter Springs Development Joint Venture at O.R. Book 1974, Page 1409, Public Records of Seminole County, Florida. -33- , f' . J l " ,~ .. . . . \ violations, all costs incident to said action by the Association shall become an individual assessment and the personal obligation of the Owner. section 9. Severability. Invalidation of anyone of r-..,) these covenants or restrictions by court order shall in no w~ ~ 3: .:::- affect any other provisions, which shall remain in full force a~ r- rtl effect. g <:::::> "'1'1 .j::;- section 10. Paraqraph Headinqs. The paragra~ ~ m o ~.~ "'it-, ?'~ ::.. r.- ;::",1 r.'1 ~:;: ;r:~ '"'CI t::.~ ~.. c,.:' I;) rn headings contained in this Declaration are for reference purposes .:::::) only and shall not in any way affect the meaning, content or interpretation hereof. section 11. Conflicts. In the case of any conflict between the Declaration, the Articles of Incorporation of the Association or the Bylaws of the Association, the Declaration shall control. ARTICLE XII Authority of winter Springs section 1. Approval of Amendments. Notwithstanding any other provisions contained herein, no amendments may be made to this document without the prior approval of the city of winter Springs, Florida. section 2. Third Party Beneficiary. The City of winter Springs is a third-party beneficiary with the right to legally enforce these documents or any part or provision thereof. -35- ~ ..... . III ., · " f section 3. Compliance with City Code. Nothing contained herein permits or authorizes any violations or devia- tions from the City Code, City of winter springs, Florida. IN WITNESS WHEREOF, the Declarant has executed ,.n ,." the~ z (j r- "'1 ("') ? ..., .: presents on the day and year first above written. TUSCAWILLA UNIT 16, LTD., a Florida limited partnership By: UNIT 16-TUSCAWILLA, INC., a Florida corporation, as gener partner By: / ~~ /wi tness As its: /" ;' STATE OF FLORIDA ) ) SSe ) COUNTY OF ORANGE ili The fore?ing ~trument was acknowledged before me this J1....!:!:. day of >t"-.... , 1989, by AA' _ jl...o",_,,-- , 7~"f of UNIT 16-TUSCAWILLA, INC., ?lorida corpora- tion, as general partner of TUSCAWILLA UNIT 16, LTD., a Florida limited partnership. .' ' I' I' \ ~1If21~ /:N6tary Public r My Commission Expires: .:;.~---. ,," ..<{,~"-::. .~ ".... . ._, I ' E .lJ.]:- ~\ 0 ; .I'~, f .\l r '.. '::.::. ~ ~:x_ : ": ~' :: , ;u;. ~ C : ~ >.t U 8 L \ >' / '~. d .... '" . . .' .~ ,... "....... "/~"fl ..... r,.\I~.)..." '" [,~ C' \.,,' ,,- '" -.JI \' ""'"" """ ~,k;~"';1.~ r".:~<:\.. ::'~:;i.~ (: :"':'.~;: ~\"^;'J.. li~Y (:"::,';~.:.::-;: CJ. .~;~':":. I),. .';~ :~1 I;~::~~J 111.:. :i:,'~'1 I..:in - !:1:,:,I....JC: Ijl~. WP-21715/88002.IWS 03/17/89.Pjs -36- ~ I. . ......., c:::> <.n .::- tl:' (:) 0<",:,:, ::OC-..~, "-'" l-~ .:r-;' ,.- . ~~~ . ("~:=. ;; '"O~;;:> :t>-C;) (;) m c;:::) ..r.:- c.o . [J ". .. ., "l , .. .. " ., . . . r CONSENT OF WINTER SPRINGS DEVELOPMENT JOINT VENTURE winter Springs Development Joint Venture, by and through its authorized representative, the Developer, as defined in that certain Declaration of Covenants and Restrictions ("Restrictions"), dated June 30, 1988, recorded at Official Records Books 1974, Page 1409, Public Records of Seminole County, Florida, does hereby consent to the recordation of the foregoing Supplemental Declaration of Covenants and Restrictions for Carrington Woods and any amendments to the Declaration called for called for under Article IV, Section 6 of the Restrictions. Dated this ~day of M..A. RC H , 1989. therein or effectuated or necessitated thereby, which consent is ~ en c:::> ~<..n Z ~ <".':> ~ t'O (:) ~~ ..... E~ ;r~ r'- WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership ('") p <::::) ~ -t.:- r . to N . ;,;....~ t.., C"::. r::.:.) ~ "'ljr;; >- ,.., r" ' By: By: As Its: STATE OF FLORIDA ) ) SS: COUNTY OF OrA~.e.) The foregoing instrument was acknowledged before me this ~aY of .fV\.A,~r!... H , 1989, by'thili P A.."];O!~' as ~r: V,c.E... -Prl:SJd~+of Gulfstream Housing Corporation, on behalf of the corporation, as Managing Partner of winter Springs Development Joint Venture, on mission Expires: ~,_~ .. '; . J , . ." r~~:t':;X'T~' 'r, :~T'.Oi'- i" ,~:/\,o:>>'.T}:~:'0E .' c.", :'~'. , '~,<,(1 L; n ~. ". - . ,"'., (,.".... .." ""', -37- . 'l" .. .: .. ~J .. . . ~ " .' .. " ~ CARRINGTON WOODS UNIT I to..) '" <::> ~ trI. :E ~ o r- m n o 0 ;:!:!../> Conunence at the Southeast corner of Tract "C", Tuscawilla Unit to 12, as recorded in Plat Book 28, Pages 98 through 102 of the CJ.) Public Records of Seminole County, Florida, run S 75 degrees 10' 48" E along the Northerly Right-of-Way line of winter Springs Boulevard (120' R/W) for a distance of 1047.94 feet to a point of curva ture 0 f a curve concave Southwesterly having a radius of 2080 .66 fee t; thence run Southeasterly along the arc of said curve and said Northerly Right-of-Way line through a central angle of 29 degrees 45' 53" for a distance of 1080.89 feet to a point of reverse curvature of a curve concave Northerly having a radius of 25.00 feet; thence run Northeasterly along the arc of said curve and the Westerly Right-of-Way line of Northern Way (80' R/W) through a central angle of 88 degrees 13' 52" for a distance of 38.50 feet; thence run N 46 degrees 21' 13" E along said Westerly Right-of-Way line for a distance of 127.14 feet to a point of curvature of a curve concave Northwesterly having a radius of 1160.00 feet; thence run Northeasterly along the arc of said curve through a central angle of 32 degrees 03' 59" for a distance of 649.21 feet to the Point of Beginning; EXHIBIT "A" DESCRIPTION: GJ o .~<<';::) .l-;.n ;:~~ , (- . ~;,.... ,..., "..~ ~ ." eO; ;po. e'., C') tn Thence run N 74 degrees 24' 15" W along the centerline of a 100' Florida Power Corporation Easement as recorded in Official Record Book 304, Page 215 of the Public Records of Seminole County, Florida, for a distance of 758.11 feet; thence run N 14 degrees 49' 12" E for a distance of 153.59 feet; thence run N 75 degrees 10' 48" W for a distance of 21.45 feet; thence run N 14 degrees 49' 12" E for a distance of 170.00 feet; thence run S 75 degrees 10' 48" E for a distance of 14.74 feet; thence run N 14 degrees 49' 12" E for a distance of 84.06 feet; thence run N 50 degrees 35' 47" E for a distance of 193.29 feet; thence run N 39 degrees 24' 13" W for a distance of 170.00 feet thence run 39 degrees 24' 13" W for a distance of 120.00 feet; thence run N 59 degrees 05' 28" W for a distance of 302.66 feet; thence run N 45 degrees 30' 07" W for a distance of 102 feet more or less to the centerline of Bear Creek and the southerly line of BEAR CREEK ESTATES, as recorded in Plat Book 26, Pages 57 through 59 of the Public Records of Seminole County, Florida, thence run Northeasterly along said centerline and said southerly line for a distance of 370 feet more or less to the Westerly Right-of-Way line of Northern Way; thence run S 52 degree s 51' 12" E along said Westerly Right-of-Way line 355 feet more or less to the Northwesterly corner of Tract "A": per the plat of TUSCAWILLA UNIT II-B, as recorded in Plat Book 26, Pages 55 and 56 of the Public Records of Seminole County, Florida; thence run S 37 degrees 08' 48" W along the Westerly line of said Tract "A" for a distance of 30.00 feet; thence run S 52 degrees 51' 12" E along the Southeasterly line of said tract "A" for a distance of 40.00 feet; thence run N 37 degrees 08' 48" E along the Easterly line of said Tract "A": for a distance of 30.00 feet; thence run S 52 degrees 51' 12" E along said Westerly Right-of-Way line for a distance of 40.00 feet to a point of curvature of a curve concave Southwesterly having a radius of 1160.00 feet; thence run Southeasterly along the arc of said curve and said Westerly Right-of-Way line through a central angle of 67 degrees 08' 26" for a distance of 1359.31 feet to the Point of Beginning. Being subject to a 100 foot drainage easement lying Southerly of and contiguous to and parallel with Bear Creek. Containing 17.304 acres more or less. 1065/89001.KRU/dw . ~$'.- \ .. ' HARYA~;HE MORSE CLERK OF CmCUIT COURT SEI-1INOLE CCUII: 'I. FL. _CORDED & VEldF'jED' 660754 1989 OCT 24 PH 2: 18 t'....:) ~ M1 - :c. ex> $E 0 r'" (fl t"") ? - Ul C) (:) :;IIt.~ ......, n :;; .. .- .:';0.' ..., ,,') ;.-~..t ;;';'1 "'O~ >(;"' C'J IT'I AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS FOR CARRINGTON WOODS ~ <.0 . 0 w This Amendment to Declaration of Covenants and Restrictions is made this Iq~ day of September, 1989 by Tuscawilla Unit 16, LTD., a Florida Limited Partnership ("Declarant"). WHEREAS, Declarant previously recorded a Declaration of Covenants and Restrictions, dated March 17, 1989, recorded March 28, 1989, at O.R. Book 2054, Page 0456, as amended on March 17, 1989, said Amendment recorded on March 28, 1989, at O.R. Book 2054, Page 0464, all of the Public Records of Seminole County, Florida ("Restrictions"); WHEREAS, Declarant is the fee simple owner of certain real property situate in Seminole County, Florida, as more particularly described on Exhibit "A" attached hereto and incorporated herein by reference ("Amendment Property") ; WHEREAS, Declarant wishes trr amend the Restrictions to include the Amendment Property as Declaration Property. NOW, THEREFORE, pursuant to Article VII, Section 29 of the Restrictions, Declarant hereby amends the Restrictions to include the Amendment Property as Declaration Property. . IN WITNESS WHEREOF, the Declarant has executed these presents on the day and year first above written. TUSCAWILLA'.UNIT 16, LTD., a Florida Limited Partnership ~~~ ~)n~~ Witness By: Unit 16 - Tuscawilla, Inc., a Florida corporation, as general partner By: Jef As its: President STATE OF FLORIDA ) o it?~I1-~ ~ ) ss COUNTY OF ORANGE ) : ,. C'.. l ~UI """ ~'J,",.~,I.:V \...~~..i.. 11'11, The foregoing instrument was acknowledged before me tht~,\..~t~...... l~" I day of September, 1999, by Jeffrey Garner, President of Unit~..J.'~" 0.....\,. Tuscawilla, Inc., a Florida Corporation, as general part~ne:r!~ , ':J \ ':'. Tuscawilla Unit 16 , Ltd., a Florida limited partnership. ~...J ~6';: t.O j::: :. ,d.. .... - I' ...:::> ," c.," ~ ~.b '.:; Q. ....:<.., ...~. .::... or; ........... ,,,~ ..~.' -';%". "I "'-"""'7" Col'" 'i':~.~ ~';I <I _ \\' 11I1 i "~ 1111\\..1 Notary Public My Commission Expires: IlorA-ltY PUSLIC STAft Of "ORtOA NY ~o~~rSSlo" EXP, FES 12 1991 )ONOEO IHRU GENERAL INS, ~NO. t"'" RE\uD.N To" \)o~A.\..."b Q. L~LAN'- C'T'f of W\t-l'tC~ St>~,~~~ \ Vl~ E. s~ 4'34- W\",T€R S?R\ ~GS. fL "3~l{)B , 1 I) ,. CARRINGTON V A REPLAT OF A PORTION OF PHILLIP R. Y LOCA TED IN SECTION 8, TOWNSH CITY OF WINTER SPRINGS............................SEl\ (iKfhi:?lT- A N 0:1 ~. g (A r... .- :;ll;~ x co :. :!.~ :=i.: C"') (::) :i; t-. f"" m ~:, ("') '"""1 (...;:> 0 I!f!I'!IIIIIIII 4!::.:~ . ,;1(.1 ,.." c,p '"t)t::::: r >~J <::::) en rn ~ DESCRIPTION: Begin at the Southwest corner of Lot 31, CARRINGTON \VOODS UNIT I, as recorded in Plat Book 48, Pages 98 through 100, Public Records of Seminole County, Florida; thence run along the boundary of said CARRINGTON \VOOD UNIT I, the following courses: N 14049'12" E for a distance of 153.59 feet; thence run N 75010'48" W for a distance of 21.45 feet; thenc~ run N 14049'12" E for a distance of 170.00 feet; thence run S 75010'48" E for a distance or 14.74 feet; thence run N 14049'12" E for a distance of 84.06 feet; thence run N 50035'47" E for a distance of 193.29 feet; thence run N 39024'13" W for a distance of 170.00 feet; thence run N 50035'47" E for a distance of 12.85 feet; thence run N 39024'13" W for a distance of 120.00 feet; thence run N 59005'28" \V for a distance of 302.66 feet; thence run N 45030'07" W for a distance of 102.43 feet to a Reference Point "A" in the centerline of Bear Creek; thence leaYing said boundary run along said centerline of Bear Creek and the Southerly boundary of BEAR CREEK ESTATES, as recorded in Plat Book 26, Pages 57 through 59 of the Public Records of Scmmo County, Florida for a distance of 1686 feet more or less to a point in said ~entcr1ine of Bear Creek lying S 67023'44" W, 1329.47 feet from said Referenc Point "A"; thence run S 74024'16" E along the North line of Florida Power Corporation Easement as recorded in Official Record Book 304, Page 215 of thl Public Records of Seminole County, Florida for a distance of 331.21 feet; thence run S 37041'26" E for oa distance of 83.64 feet; thence run S 74024'15" E for ~l distance of 1159.63 feet to the Point of Beginning. Containing 21.70 acres more or less. NOTICE OF RESTRICTION ON REAL EST ATE LU~:J~ lOb ( SEMIHOLECO. FL. / .. ' KNOW ALL MEN BY THESE PRESENTS: WHEREAS. Gregory P. Samano. Trustee. hereinafter called Developer. is the owner of the land in the City of Winter Springs. County of Seminole. State of Florida. more particularly described as follows: All three lots of the TUSKAWILLA TRAIL SUBDIVISION. according to the Plat thereof as recorded in Plat Book 4\ . Page G · of the Public Records of Seminole County. Florid-a(hereaftersometimes referred to. individually. as a "lot" and. collectively. as the "lots".) and WHEREAS. Developer desires that all of the above described real property be subject to like restrictions for the mutual benefit and protection of Developer and all persons. both real and corporate. who hereafter may purchase or acquire said property or any part thereof. or any interest in or lien upon said property or any part thereof. NOW. THEREFORE. in consideration of the premises. Developer does hereby declare said real property to be subject to the following restrictions. reservations and conditions. binding upon said Developer and upon each and every person. both real and corporate. who or which shall acquire hereafter said real property or any part thereof, or any interest in or lien upon said property or any part thereof. and their respective heirs. personal representatives. successors and assigns. said restrictions. reservations and conditions being as folloWS: 1. No lot shall' be used except for residential purposes. No building shall be erected. altered. placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one-half stories in height. a private garage for at least two and not more than four cars. and a boathouse not to exceed 15 feet in height above water elevation. 2. No building or structure shall be erected. placed or altered on any lot until the construction plans and specifications and a plan showing the location of the building or structure have been approved by the Architectural Control Committee (defined below) as to quality of workmanship and materials. harmony of external design with existing structures. and as to location with respect to topography and finish grade elevation. 3. The Architectural Control Committee (the "committee") is composed of Gregory Samano. Charles Malkus and Manuel Garcia. 961 Tusca willa Trail, Winter Springs, Florida 32708. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall haye full authority to designate a successor. Neither the members of the committee. nor the committee's designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time. the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the committee, or to withdraw from or restore to the committee any of its power and duties. 4. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee. or its designated representative, fails to give such written approval or disapproval within 30 days after plans and specifications have been submitted to the committee. or in any event, if no suit to enjoin any construction has been commenced prior to completion thereof, committee approval will not be required and the applicable covenants shall be deemed to have been fully complied with. 5. The ground floor area. exclusive of open porches and garages. of a dwelling constructed on a lot shall be not less than 2000 square feet of living area for a one- story dwelling. nor less than 800 square feet of living area on the ground level for a two or two and one-half story dwelling. provided said two or two and one-half story dwelling has a minimum of 2000 square feet of living area over all. 6. No dwelling shall be constructed on a plot having an area of less than 43.560 square feet. and such plot shall be not less than' 100 feet in width at the.: building line. No dwelling shall be erected nearer than 50 feet to the front lot line, 75 feet to the lakefront, or nearer than 15 feet to the rear lot line. No dwelling sh:dl be erected nearer than 20 feet to any interior lot line. ~8\JD.~ .\u~ fO)\).l<. \..e~LAN<- . 0/ \\ '1.'" €. c;~. l\-=S~ W~N\'ER SQ(:\\N6.S, l=L S2,08 , . I " 'J .. 7. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they arc not kept, bred or maintained for any commercial purpose. 8. No sign of any kind shall be displayed to the public one professional sign of not more than one square foot, one sign square feet advertising the property for sale or rent. or signs advertise the property during the construction and sales period. view on any lot except N of not more than fi~. c:::> fJl CJ1 used by a builder"...,.~'.'. . :J:: co ."c;.o :f,; 9. No lot shall be used or maintained as a dumping ground for rubbish. trash @ other waste. All trash garbage and other waste shall be kept in sanitary containers an~ . CJ'l except during pick-up (if required to be placed at the road), all containers shall be ketn .0') at the rear of all dwellings out of sight from the road. There shall be no burning of co trash or any other waste materials. ('0 C) ,~..,.. ~;!"'I :"=:!.1 ; ,':''',;' )"; :, r" ;' ~~"' "r1' ..-=., ~:;.~, =.I.:~ "'0 ".." l.. .;, (."") Pl 10. No fence, wall or seawall over two feet in height shall be erected, placed or altered on any lot nearer to the lake than the minimum building set-back line (75 feet). Prior to construction of any fence, wall or seawall. owner shall obtain approval of the plans for that fence, wall or seawall from the committee. 11. All clotheslines shall be placed at the rear of and within the area encompassed by a rearward extension of the sidelines of said dwelling. 12. No inoperative cars, trucks. trailers, or other types of vehicles shall be allowed to remain either on or adjacent to any lot for a period in excess of forty-eight hours, provided however, this provision shall not apply to any such vehicle being kept in an enclosed garage. There shall be no major repair performed on any motor vehicle on or adjacent to any lot in the subdivision. Recreational vehicles, such as campers, boats on trailers and motor homes, shall be kept out of view of adjacent property owners. 13. Pursuant to that instrument recorded in Official Records Book 2047, Page 0170, Public Records of Seminole County, Florida, the owners of the lots are entitled to the use and benefit of a 3D-foot private ingress-egress easement and public utility easement that runs adjacent to the lots. As is set forth in the aforementioned instrument, the 30- foot private ingress-egress easement and public utility easement will be maintained equally by and between the owners of these lots and of all other properties entitled to the use of the easement. Said easement is for the private use of the lot owners and public utility company serving said lots and may also be used by emergency vehicles such as fire, police and rescue units. 14. Where a building has been erected or the construction thereof is substantially advanced and'it is situated on any lot in such a manner that same constitutes a violation or violations of any of these covenants, the Developer, its successors and/or assigns, shall have the right at any time to release such lot or portions thereof from such part of the provisions of any of said covenants as are violated. Provided, however. that said Developer, its successors and/or assigns, shall not release a violation or violations of any of said covenants except as to violations they, in their sole discretions, determine to be minor, and the power to release any such lot or portions thereof from such a violation or violations shall be dependent on a' determination by them that such violation or violations are minor. 15. At any time the then owners of at least fifty-one (51%) percent of the lots may change these covenants in whole or in part by executing a written instrument making said changes and having the same duly recorded in the Public Records of Seminole County, Florida. However, any such amendment shall not apply to any lots owned by Developer unless Developer has joined in said amendment. The above shall not apply, however, as same pertains to set back lines from any front. interior, side. rear, or side street lot line; but the said Developer specifically reserves unto itself and its successors and/or assigns, the authority to change said set back lines for any lot at any time prior to the construction of a residence dwelling thereon. regardless of the number of lots owned by the Developer in said subdivision. 16. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded. after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument be signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.. 2 ~. 1 ~1 .. ".: . 17. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. 18. It is expressly understood and agreed that all costs. including reasonable attorney's fees. incurred by any moving party in any legal proceedings which result in the successful enforcement of any covenant or restriction contained in this Notice shall be borne in full by the defendant in such proceedings. 19. Invalidation of anyone of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. . ,(n , /Tl. 20. Notwithstanding any other provision contained herein, nO amendments may o~ made to this document without the prior approval of the City of Winter Springs. Florida. "f2 " ('1 21. The City of Winter Springs, Florida is a third party oenefieiary with the righ? to legally enforce these documents or any part or provision thereof. ""r1 r- t 22. Nothing contained herein permits or authorizes any violations or deviations from the City Code. City of Winter Springs. Florida. IN WITNESS WHEREOF. I have hereunto set my hand and seal this the 2'o1'.:!;::day of 4#~ , 1989. ~ J;fTNESSES: ( Q-~-Y ':f) 1/ - ST ATE OF FLORIDA COUNTY OF (J)R,4N&E t;t.:\' jo. . us co The foregoing instrument was acknowledged before me this ;?p'-""day of ~4;,\?FJJ.. by Gregory P. Samano, Trustee. ' .....,-:".., ,',.;:)) !~ ..,......, ~.' . .... , . ~,~ or. ..... ~., ",. . f'\ 11"" .''''-. ~ ~tit#&;/h': " "I}'. ~ ~ '2i!' :.... ~ ~ : NT ). :: ~~ " :. y " -{ 6' . :~ : " \" ~, '('" ", It J. 0 t~ ." . .: My Commission Expire~:.""'"/~':' . "<,\~~. r "Not~,~:.t~J1of h.2t'.,'., "It-J't!~~ Nt Commiu;oo b~es rdl. 4." 1990 lil'a<>>d lllllO t"', fol,,: I...~." loc:. ".-. ., THIS INSTRUMENT PREPARE'Q..JlX.. ANI) 'f.2J. .BE ilL. LJ1U~Cfi-TO. ~ Jesse E. Graham. Esq. Graham, Clark. Pohl and Jones P.O. Drawer 1690 Winter Park. Florida 32790 , . JRP /tb notofres.re 3 N ,q "Ul:' Q). CD (::l .~-~.. :;;..;,,,.\ l.~~ ...,.r.:: : 'I'" '/' <:.J1 ' 0") c.o :;:;(; ;'.{:; ,:.;... , ,;:OU "tI "'''' .,....."',> (:..,. 1"11 0':) o t-J (j) r- rl1rn..,.. :t::O.... ..- =^:P :;;t:.....:::c! (;,)...... ' r- "I ::;' rflC.::.: ~; :-3 '~r (::;ln~ ~,~ c 3- :':j =i c ~ ,...... :::c .., , 'U'l :.~ <:2 ITi .-- c. : :'.1'; -~ w en CD ::0 rn CJ o :::0 CJ f'l o ~ -< rt1 ~ -11 rn C?