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HomeMy WebLinkAboutDavenport Glen T ~ \~ \. rt \" ~ ~Q J\ f{\ 8' 0<ftl' 2A -4'.~ (f..,:)}..!.. o,Cl '\.r J\..... d ~.1 W'~ii 2. V' 0... -' " ,-~ IJ' -~, \--' l!,~d (') W IJJ . J.- ?:J c:t .~ 0' ::::: '] ,.~ ') t.- ?- ~ r., ~ ~ \ t~ r: \~ ;\ !\ ~ : ,,,. r~ s C ': :-'1~. Jr' cmq,. i cOUf'i - -n~~1l!WLE COUNTY. FL. 254769 r' n ., \ ,'-', REcufWLlJ c."- \ L:'" . t99Z MAR '9 AH 9: 5' i'v DECLARATION OF CONDITIONS, COVENANTS, EASEMENTS AND RESTRICTIONS FOR DAVENPORT GLEN c.," r>1 C) :::: w 'DO C> "Tl C) "Tl -'0 ~~: o r rrt g 0 U1 'J> r- ;u rrt o -:JO >::0 (,"')0 PIU> "T1 THIS DECLARATION is made this' 9- day of ~t1c..\-\ , 1992, b~ WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership, whose address is 1301 Winter Springs Boulevard, Winter Spr ings, Flor ida 32708, which declares hereby that the "Properties" described in Article II of this Declaration are and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth. -;z I..--pGo . Sfr 1<.. 1;1YV e . <------ The following words when used in this Declaration (unless the context shall prohibit) shall have the following meanings: o ARTICLE I. DEFINITIONS 1. "Assessment" means and refers to a share of tLe funds required for paymen~ of the expenses of the Association, which funds shall be assessed against a Lot Owner from time to time. 2. "Association" means and refers to DAVENPORT GLEN HOMEOWNERS' ASSOCIATION, INC., a Florida corporation not for profit, which is to be incorporated. 3. "Board of Directors" means and refers to the board of directors of the Association. 4. "Builder" means and refers to a person or ent i ty which purchases and owns a Lot in order to construct a residence for sale to a third party, and is not constructing such residence for his or its own use. 5. "Common Area" means and refers to all real property (including the improvements thereto) and all personal property owned by the Association and tracts of land, if any, shown or drawn on the Plat as owned or to be owned by the Association for the common use, enjoyment and benefit of the Owners and all property designated as Common Areas in any future recorded supplemental declaration; together with the landscaping and any improvements thereon, including, without limitation, all structures, recreational facilities, open space, retention areas, masonry walls, walkways, entrance markers, signs, and street lights, if any, but excluding any public ut ili ty installations -\'\\\'') "OD (-\jfn~N\ PRtf1\\{t;1:> ~'l'. lou.JtJ'bE:s1>QoSJ)(<.:.-\r( 'J)cjreQ \<~t-)TC1L ~. ~el:> 215 N. EOLt'- j)Q\\J6' . J oPu\~'1)O I FL '3'l~\ TI:7?ltl (;6'5n/.O l' " . ") OF.AL RECORDS Bom~ PAGE ?h03 05\2 11. "Institutional Lender" cOCt11HO\!!q~tfbtional Mortgagee" mea!ls and refers to a bank, savings and loan association, 1nsurance company, mortgage company, real estate investment trust, pension fund, pension trust, or any other generally recognized institutional-type lender or its loan correspondent, the Federal Home Loan Mortgage Corporation (FHLMC), the Federal National Mortgage Association (FNMA), the Federal Housing Administration (FHA) or the Veteran's Administration (VA). i 12. "Lot" means and refers to any Lot on the Plat of portions of the Properties, which Plat is designated by the Developer hereby or by any other recorded instrument to be subject to these covenants and restr ictions (and to the extent the Developer is not the Owner thereof, then designated by the Developer and joined by the Owner thereof), any Lot shown upon any resubdivision of any such Plat, and any other property hereafter declared as a Lot by the Developer and thereby made subject to this Declaration. To the extent the Developer is not the Owner thereof, then such declaration shall be made by the Developer and joined by the Owner thereof. 13. "Member" means and refers to all those Owners who are Members of the Association as provided in Article III hereof. \ 14. "Owner" means and refers to the record owner, whether one or more persons or entities, of the fee simple title to any Lot situated upon the Properties. 15. "Plat" means and refers to the plat of DAVENPORT GLEN, as recorded in Plat Book +'5 , Pages \~ \9 and 2..0, Public Records of Seminole County, F10r ida ,kogether wi th any plat of additional land made subject to this Declaration and to the jurisdiction of the Association. 16. "Properties" means and refers to all of the properties as described in Article II, Section A of this Declaration, and additions thereto, as are now or hereafter made subject to this Declaration and to the jurisdiction of the Association, except such as are withdrawn from the provisions hereof in accordance wi th the procedures hereinafter set forth. 17. "Residence" means and refers to any residential building constructed on a Lot. 18. "Tract A" means and refers to that certain parcel shown as Tract A on the plat of DAVENPORT GLEN, accordin~ to the plat thereof recorded in Plat Book {~, Pages~ \9~~ inclusive, Public Records of Seminole County, Florida} - 3 - '" t." r-- e . OF~!/C'Al R4:ws BOL;\ PAGE ? IJ 0 3 -:. , 0511 thereon. The Common Area to be 8~~mP~Ceh'LAssociation for the common use and enjoyment of the Owners at the time of conveyance of the first Lot is Tract "A" (as hereinafter def ined) . 6. "Declaration" means and refers to this Declaration of Conditions, Covenants, Easements, and Restr ictions for Davenport Glen as recorded in the Public Records of Seminole County, Florida, and as the same may be amended from time to time. 7. "Developer" means and refers to Winter Springs Development Joint Venture, a Flor ida general partnership, and its successors and assigns by virtue of such written instruments assigning the rights and obligations of Developer hereunder which are recorded in the Public Records of Seminole County, Florida. Upon recordation of any such assignment, the initial Developer shall be released and absolved from any obligations on the part of the Developer as may arise by or through this Declaration. A Lot purchaser, Lot Owner or Lot mortgagee shall not be deemed to be the Developer by the mere act of purchase or mortgage of a Lot. 8. "Drainage Easements" means and refers to the drainage easements declared and reserved on the Plat. \ 9. "Communi ty Wall II means and refers to any wall or similar structure from time to time situated on the ten (10) foot landscape and wall easement (the "Landscape and Wall Easement") as shown on the Plat along Winter Springs Boulevard and Northern Way, located on or adjacent to the Properties, together with any footings, related equipment, lighting, signage, entryway features, landscaping (including any wiring and irrigation system) and other appurtenances. 10. "Enti tIed To Vote" means and refers to that Lot Owner who shall cast a vote for a Lot at an Association meeting. If more than one person or legal entity shall own any Lot, the Owners thereof shall determine among themselves who shall be the Member Entitled To Vote. Said determina- tion shall be manifested upon a voting certificate, signed by all Owners of said Lot, and given to the Association Secretary for placement in the Association records. Notwi thstanding anything contained herein to the contrary, all Lot Owners whether Entitled To Vote or not are assured of all other privileges, rights, and obligations of Association membership and shall be Members of the Association. In no event shall any mortgagee or other party holding any type of security interest in a Lot or the Residence constructed thereon be Entitled To Vote for purposes hereof, unless and until any of said parties obtain or receive fee simple title to such Lot. - 2 - ~ ~ .. . 'FICIAL RECORO~ B00f\ PAG!:. ? t~ 0 3 05 , 3 SEHltlOlE co. FL. . ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION: ADDITIONS THERETO Section A. Legal Description. The real property which, initially, is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Seminole County, Florida, and is more particularly described as follows: All of DAVENPORT GLEN, according to the plat thereof, as recorded in Plat Book~, page\~~Xbf the Public Records of Seminole County, Flor1da. all of which real property, and all additions thereto, is herein referred to collectively as the "Properties". Section B. Supplements. Developer may from time to time bring other land under the prov1s1ons hereof by recorded supplemental declarations (which shall not require the consent of then existing Owners or the Association, or any mortgagee, except in the case of property not then owned by the Developer but proposed to be added to the Properties, in which case the Owner thereof shall join in the applicable supplemental declaration) and thereby add to and include additional land as part of the Properties. To the extent that additional real property shall be made a part of the Properties ap a common scheme, reference herein to the Properties should be deemed to be a reference to all of such additional property where such reference is intended to include property other than that legally descr ibed above. Nothing herein, however, shall obligate the Developer to add to the initial portion of the Properties, to develop any such future portions under such common scheme, nor to prohibit the Developer from rezoning and/or changing the development plans with respect to such future portions and/or the Developer from adding additional or other property to the Properties under such common scheme. All Owners, by acceptance of a deed to their Lots, thereby automatically consent to any such rezoning, change, addition or deletion thereafter made by Developer and shall evidence such consent in wr i ting if requested to do so by the Developer at any time. ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section A. Membership. Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot shall be a Member of the Association. Notwithstanding anything else to the contrary set forth in this Section A, any such person or entity who holds such interest merely as security for the performance of an obligation shall not be a Member of the Association. Membership in the Association shall be appurtenant to each Lot and may not be separated from ownership of said Lot. The record title holder to each Lot shall automatically - 4 - ~ " _ OFFIC. I.^.L RECORDS . BOOV, r~\GE 2 f~ 0 3 0 5 I 4 become a Member of the Association and shall be SJJiJU~~~ cgf F~.ll rights and privileges thereof upon presentation of a photostati- cally or otherwise reproduced copy of said Owner's deed to the Association Secretary for placement in the records of the Association. To the extent that said deed shall pass title to a new Lot Owner from an existing Lot Owner, membership in the Association shall be transferred from the existing Lot Owner to the new Lot Owner. In no event shall any mortgagee or other party holding any type of secur i ty interest in a Lot or the Residence constructed thereon be a Member of the Association unless and until any of said parties obtain or receive fee simple title to such Lot. e . Section B. Voting Rights. The Association shall have two (2) classes of voting membership: Class A. Class A Membership shall be all those Owners as defined in Section A with the exception of the Developer (as long as the Class B Membership shall exist, and thereafter, the Developer shall be a Class A Member to the extent it would otherwise qualify). Except as provided below, Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interests required for membership by Section A. When more than one person holds such interest or interests in any Lot, all such persons shall be Members, but the vote for such Lot shall be exercised only by that one person who is Entitled To Vote. In no event shall more than one vote be cast with respect to any such Lot. Class B. The Class B Member shall be the Developer. The Class B Member shall be entitled to seventy-five (75) votes for each Lot owned by the Class B Member. The Class B membership shall cease and terminate: (i) at such time as the Class B Member no longer owns any Lots within the Properties, or (ii) sooner at the election of the Developer, whereupon the Class A Members shall be obligated to elect the Board of Directors and assume control of the Association. Upon termination of the Class B membership as provided for herein, the Class B membership shall convert to Class A membership with voting strength as set forth above for Class A membership. Notwi thstanding anything herein or in the Articles of Incorporation or the Bylaws of the Association to the contrary, so long as Developer or its successor or assignee as the Class B Member, the Developer shall have the right to appoint, reappoint, remove and replace the members of the Board of Directors of the Association (other than the Class A Directors) at such time and from time to time as may be desired by the Developer, in the sole and absolute discretion of the Developer, upon wr i tten notice to the Secretary of the Association. - 5 - e .F\CI^L RECORDS 80O:~ rAGE 2 ,~ 0 3 0 5 \ 5 Section C. Special Class A Voting Rights.SF,~RR~t~~loing the foregoing provisions of Section B above, a'E such time as thirty-five (35) Lots with finished Residences have been conveyed to third party purchasers, the Class A members of the Association shall, by majority vote among themselves, have the right to elect the number of directors required to equal twenty percent (20%) of the total number of directors on the Board of Directors of the Association at any meeting of the members at which directors are to be elected. In the event twenty percent (20%) of the total number of directors is equal to any fractional number, the number of directors to be elected pursuant to this special Class A voting right shall be rounded to the next higher or whole number. In no event shall the Class A members be entitled to elect more than twenty percent (20%) of the total number of directors, adjusted for any fractional number as hereinabove provided, pursuant to the provisions of this special Class A voting right; it being specifically provided that the remaining vacancies on the Board of Directors of the Association shall be elected by the Class B members of the Association. This special Class A voting right shall cease, terminate and expire simultaneously with the cessation and termination of Class B membership as hereinabove provided. Section D. General Matters. When reference is made herein, or in the Articles of Incorporation, Bylaws, Rules and Regulations, management contracts or otherwise, to a majority or specific percentage of Members, suah reference shall be deemed to be reference to a majority or specific percentage of the votes of Members Entitled To Vote and not of the Members themselves. ARTICLE IV. PROPERTY RIGHTS IN THE COMMON AREAS; OTHER EASEMENTS Section A. Members Easements. Each Member, and each tenant, agent and invitee of such Member or tenant, shall have a nonexclusive permanent and perpetual easement over and upon the Common Area for the intended use and enjoyment thereof in common with all other such Members, their tenants, agents and invitees, in such manner as may be regulated by the Association. Without limiting the generality of the rights of use and enjoyment are hereby made following: foregoing, such subject to the 1. The right and duty of the Association to levy Assessments against each Lot for the purpose of maintaining the Common Area and facilities in compliance with the provisions of this Declaration and with the restrictions on the Plats of portions of the Properties from time to time recorded; 2. The right of the Association to suspend the Owner's voting rights for any period during which any Assessment against his Lot remains unpaid; and for a period - 6 - e aCt/\L RECORDS BOOY. PA GE 2 l. 0 3 0516 not to exceed si~ty (60) days for any i~f!eR~rot~e6.~~fully adopted and publ1shed rules and regulat10ns; 3. The right of the Association to adopt at any time and from time to time and enforce rules and regulations governing the use of the Lots and Common Area and all facilities at any time situated thereon, including the right to fine Members as hereinafter provided. Any rule and/or regulation so adopted shall apply until rescinded or modified as if originally set forth at length in this Declaration; and 4. The right to the use and enjoyment of the Common Area and facilities thereon shall extend to all permitted user's immediate family who reside with him subject to regulation from time to time by the Association in its lawfully adopted and published rules and regulations. Section B. Easements Appurtenant. The easements provided in Section A shall be appurtenant to and shall pass with the title to each Lot. Section C. Maintenance. The Association shall at all times maintain in good repair and manage, operate and insure, and shall replace as required, the Common Area and the Community Wall, together with the paving, drainage structures, masonry walls, lighting fixtures and appurtenapces, landscaping, sprinkler systems, entrance markers, signs, improvements and other structures installed by the Developer or the Association situated on the Common Area and the Landscape and Wall Easement, if any, with all such work to be done as ordered by the Board of Directors of the Association. In order to maintain, manage and operate the Common Area, the Community Wall and the Landscape and Wall Easement and such appurtenances as are described above, the Association shall have the right and authority to enter into such contracts or agreements as the Board of Directors of the Association deem appropr iate, including wi thout limi tation entering into any agreements providing for the Association's payment of its fair share of the maintenance and repair costs of any adjacent property used for the drainage of stormwater from the Properties or for purposes otherwise benefiting the Properties as determined by the Board of Directors. Further, Developer may enter into agreements with the City of Winter Springs, Florida, with respect to any of the foregoing. Maintenance of the aforesaid lighting fixtures shall include and extend to payment for all electricity consumed in their illumination. Without limiting the generality of the foregoing, the Association shall assume all of Developer's responsibility to the City of Winter Springs of any kind with respect to the Common Area and Community Wall and shall indemnify and hold the Developer harmless with respect thereto. The Owner shall be responsible for the maintenance, replacement, and repair of all walls, gates, paving, structures - 7 - .) A-t9IAL RECORDS tub" PAGE ?, 03 (. ~ and improvements located on his Lot, <99ttt~OLB:6aJlFL. those specifically provided to be maintained by the Association. - 0517 All work pursuant to this Section and all expenses incurred hereunder shall be paid for by the Association through Assessments (either general or special) imposed in accordance herewith. No Owner may waive or otherwise escape liability for Assessments by non-use of the Common Area or Lots or abandonment of the right to use the Common Area. Section D. Utility Easements. The Association shall have the right to grant permits, licenses, and easements over the Common Area, except for any portion of the Common Area dedicated to the City of winter Springs, Florida, for utilities, roads, and other purposes reasonably necessary or useful for the proper maintenance or operation of the Properties. In addition, easements over, upon, under, through and across the Common Area are reserved to the Association and the Developer, and may be declared from time to time by the Developer during any period that the Developer shall own at least one (1) Lot, for such further utility, egress, ingress, or drainage easements over and across the Properties as may be required from time to time to serve any other or additional lands during the course of development of same, whether such additional lands become subject to the jurisdiction of the Association and part of the Properties or not. Regarding any easement. declared by the Developer, the joinder of the Association or ~ny Lot Owner or Lot Owner's mortgagee shall not be required. Section E. Drainage Easements. Drainage Easements have been declared and reserved as shown on and created by the Plat. Each Owner of any Lot encumbered by a Drainage Easement upon which a drainage swale is located shall be solely responsible for the repair, replacement, and maintenance of such drainage swale. Alteration, obstruction or removal of any drainage swales or drainage control facilities or structures is expressly prohibited. In the event any Owner fails to repair, replace and maintain any drainage swales, or alters or obstructs any piping, drainage swales, facilities or structures, the Association may repair, replace and maintain such drainage swales, facilities and structures and assess such Owner for the costs and expenses incurred in order to accomplish the foregoing. Each Owner hereby grants an easement and license to the Developer and the Association over, upon and across such Owner's Lot in order to facilitate and accomplish the foregoing. Further, no Owner shall place, erect or construct any improvements or otherwise permi t anything to occur within any Drainage Easement area which would in any way effect said Drainage Easement or any swale, pipe or drainage control facility or structure located therein or thereon, unless, in the event of construction of any improvements, such improvements have been approved by Developer or the ARB (as hereinafter defined). - 8 - ') IJr rlL,I/IL 1~C.l.,UliUS eOf' P^GE 2 r~ 0 3 0 5 I 8 SE~m-lOLE co. FL. Section F. Ownership. As shown on the Plat, the Common Area is hereby dedicated non-exclusively to the joint and several use, in common, of the Owners of all Lots that may from time to time constitute part of the Properties and such Owners' tenants, guests and invitees. The Common Area shall, upon the later of completion of the improvements thereon or the date when the last Lot within the Properties has been conveyed to a purchaser (or at any time sooner at the sole election of the Developer), be conveyed to the Association, which shall accept such convey- ance. Beginning on the date this Declaration is recorded, the Association shall be responsible for the maintenance of the Common Area (whether or not then conveyed or to be conveyed to the Association) and the Community Wall, such maintenance to be performed in a continuous and satisfactory manner. It is intended that all real estate taxes, if any, assessed against that portion of the Common Area owned or to be owned by the Association shall be proportionally assessed against and payable as part of the taxes of the Lots within the Properties. However, in the event that, notwithstanding the foregoing, any such taxes are assessed directly against the Common Area, the Association shall be responsible for the payment of the same, including taxes on any improvements and any personal property located thereon, which taxes accrue from and after the date this Declaration is recorded. e The Common Area cannot be mortgaged without the approval of two-thirds (2/3) of each class of Members voting at an annual or special meeting of the membership of the Association. Section G. Developer Offices. Notwithstanding anything herein to the contrary, but subject to approval by the City of Winter Springs if required by its laws and ordinances, the Developer shall have the specific right to maintain upon any portion of the Properties sales, administrative, construction or other offices without charge, and appropriate easements of access and use are expressly reserved unto the Developer and its successors, assigns, employees and contractors, for this purpose. Section H. Flor ida Power Easement. Each Owner, upon its acceptance of a deed or other instrument of conveyance for any Lot, acknowledges and accepts the existence of that certain easement in favor of Flor ida Power Corporation, as recorded in Deed Book 201, Page 231, and re-recorded in Official Records Book 304, Page 215, all of the Public Records of Seminole County, Florida (the "Florida Power Easement"), and further acknowledges and accepts that the Florida Power Easement restricts the use of Lots 8, 9, 10, 15, 16, 21, 22, 27, 28, 29, 30, 36, 37, 38, 46 and 47 as shown on the Plat. Particularly, but not by way of limitation, the Florida Power Easement prohibits the growth of trees and the construction of any building or structures, other than fence and crossroads, wi thin the easement area encumbered thereby. In addition, no portion of the lands encumbered by the Florida Power Easement area shall be used in violation of any of - 9 - ) A\CIAL RECORDS BOO:~ PAGE 2 rf 03 the guidelines set forth by Florida Power Corp6ENtii~COoEluding, but not limited to, the following, which may be revised from time to time: - . . 0519 (a) Fencing, with a gate, may be permitted, subject to access by Flor ida Power Corporation's access requi rements. 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: (l) No parking will be permi tted wi thin 25 feet of the above-ground portions of any transmission structure or supporting facility. (2) A restricted area protected by suitable protective barriers shall extend around the above- ground portion of any transmission tower, pole or guy facility. (3) Parking facilities will be so arranged 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 permitted, subject to location limitations Corporation. Storage will not be permitted. equipment and materials may be the nature, maximum heights, and established by Florida Power of flammable or explosive materials (f) Recreational uses may be allowed, subject to, among other things, their location in relation to Flor ida Power Corporation facilities. (g) Because of safety and line maintenance requirements, the following utilizations are not permitted: - 10 - - OF.\l RECORDS BOO~ PAGE 2t~03 0520 SEt"INOLE co. FL. (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. ARTICLE V. COMMUNITY WALL AND LANDSCAPE AND WALL EASEMENT Section A. Community Wall and Landscape and Easement. The Developer intends to erect and construct Community Wall within the ten (10) foot Landscape and Easement as shown on the Plat. Wall the Wall Section B. Maintenance of Community Wall and Landscape and Wall Easement. The Association shall be responsible for the maintenance of the Community Wall after completion by the Developer. The Developer and the Association shall have the right, but not the obligation, to install and plant such landscaping and related facilities, including without limitation sprinkler systems, within the Landscape and Wall Easement as they may desire. In the event that the Developer or the Association installs any landscaping and related facilities within the Landscaping and Wall Easement, the Developer and the Association shall have the right, but not the obligation, to maintain and replace such landscaping and related facilities. No Owner shall do or permit any damage to the Community Wall and any landscaping and related facilities installed or planted by the Developer or the Association within the Landscaping and Wall Easement and in the event any Owner, Owner's guest, licensee, permittees or invitees causes any such damage, the Association may assess such Owner for any and all costs and expenses incurred by the Association to repair such damage. Section C. Easement for Maintenance of Communi ty Wall and Landscape Easement. There is hereby created, declared, granted and reserved for the benefit of the Developer and the Association an easement over, upon and across all Landscape and Wall Easement areas shown on the Plat together with an easement and license to enter upon such Landscape and Wall Easement area for the purpose of installing, erecting, constructing, maintaining, repairing, replacing and inspecting the Community Wall and related amenities and structures and for planting, maintaining and replacing the landscaping located within the Landscape and Wall Easement. - 11 - - OFFICl.aECORDS BOOK PAGE 2403 0521 Further, the Developer hereby declares a~EPRNat~eO~PE. encumbered by the Landscape and Wall Easement an easement and l1cense over, upon and across such Lot to the Developer and the Association in order to accomplish the foregoing. Nothing contained herein, however, shall obligate the Developer to plant, install or maintain any landscaping or related amenities upon the Landscape and Wall Easement. ARTICLE VI. ASSOCIATION-COVENANT FOR MAINTENANCE ASSESSMENTS Section A. Creation of the Lien and Personal Obligations of the Assessments. Except as provided elsewhere herein, the Developer (and each party joining in this Declaration or in any supplemental declaration), for all Lots within the Properties, hereby covenant and agree, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association annual Assessments or charges for the maintenance, management, operation and insurance of the Common Areas and other properties that may be otherwise used for the benefit of the Properties as provided elsewhere herein, including such reasonable reserves as the Association may deem necessary, capital improvement Assessments, as provided elsewhere herein. and all other charges and Assessments hereinafter referred ~o, all such Assessments to be fixed, established and collected from time to time as herein provided. In addition, special assessments may be levied against particular Owners and Lots for fines, expenses incurred against particular Lots and/or Owners to the exclusion of others and other charges against specific Lots or Owners as contemplated in this Declaration. The annual, special and other Assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such Assessment is made. Each such Assessment, together wi th such interest thereon and costs of collection thereof as hereinafter provided, shall also be the personal obligation of the person who is the Owner of such property at the time when the Assessment fell due. Except as provided herein with respect to special Assessments which may be imposed on one or more Lots and Owners to the exclusion of others, all Assessments imposed by the Association shall be imposed against all Lots subject to its jur isdiction equally. Reference herein to Assessments shall be understood to include reference to any and all of said charges whether or not specifically mentioned. Section B. Purpose of Assessments. The regular Assessments levied by the Association shall be use exclusively for maintenance, repair, renovation, and construction upon the Common Areas, the maintenance and repair of the Community Wall and entry features, and the maintenance and repair of such other properties as may be used for the benefit of the Properties, as specifically - 12 - OF.I.l\L RECORDS BOOK PAGE e 2403 0522 provided herein, ~~ea[~~tQvements, reserves, operating costs of the Association and to promote the health, safety, welfare and aesthetics of the Members of the Association and their families residing with them, their guests and tenants, all as provided for herein. 1. Reserves for Replacement. The Association shall be required to establish and maintain an adequate reserve fund for the periodic maintenance, repair, and replacement of improvements to the Common Area, and the Community Wall. The reserve fund shall be maintained from annual Assessments. 2. Working Capital. Upon the closing of the sale or the occupation of a Residence, the buyer (or Owner) of such Residence shall pay to the Association an amount equal to one-sixth (1/6) of the annual assessment of the Association for such Lot, which amount shall be maintained in an account by the Association as working capital for the use and benef i t of the Association. Said amount shall not be considered as advance payment of annual Assessments. Section C. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot ..to an Owner, the maximum annual assessment shall be ~C ~~~t)~1) t=\ Ft'f . AND NO/lOO DOLLARS ($flSU,tlO ) per Lot. \ 1. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year, upon approval by a majority of the Board of Directors without a vote of the Membership, by an amount not greater than fifteen percent (15%) above the maximum assessment for the previous year. 2. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased by an amount greater than fifteen percent (15%) above the maximum assessment for the pervious year, as hereinabove provided, upon approval of two-thirds (2/3) of the members of the Board of Directors of the Association without a vote of the Membership. 3. The Board of Di rectors may fix the annual assessment at an amount not in excess of the maximum. Section D. Specific Damage. Owners (on their behalf and on behalf of their children, invitees, tenants and guests) causing damage to any portion of the Common Area, the Community Wall or any landscaping and related facilities installed by the Developer or the Association upon the Landscape and Wall Easement as a resul t of misuse, negligence, failure to maintain or otherwise shall be directly liable to the Association, and a special - 13 - I, lJr r IlIlt-\l.. "l.,.ltUl\U.J BOOK PAGE ? t~ 0 3 0 5 2 3 SEMINOLE CO. FL. Assessment may be levied therefor against such Owner or Owners. Such special Assessments shall be subject to all of the provisions hereof relating to other Assessments, including, but not limited to, the lien and foreclosure procedures. e - Section E. Exterior Maintenance. The Owner of each Lot shall maintain the exterior of the Residence and the Lot at all times in a neat and attractive manner and as provided elsewhere herein. Upon the Owner's failure to do so, the Association may at its option, after giving the Owner thirty (30) days' written notice sent to his last known address, or to the address of the subject premises, perform such reasonable maintenance and make such repairs as may be required to restore the neat and attractive appearance of the Lot and the exterior of the Residence located thereon. The cost of any of the work performed by the Association upon the Owner I s failure to do so shall be immediately due and owing from the Owner of the Lot and shall constitute a special Assessment against the Lot on which the work was performed, collectible in a lump sum and secured by the lien against the Lot as herein provided. No bids need to be obtained by the Association for any such work and the Association shall designate the contractor in its sole discretion. Section F. Capital Improvements. Funds in excess of $20,000.00 in anyone case which are necessary for the addition of capital improvements (as distinguished from repairs and maintenance) relating to the Comm9n Area under the jurisdiction of the Association or other properties used for the benefit of the Properties and which have not previously been collected as reserves or are otherwise available to the Association shall be levied by the Association as special Assessments only upon approval of a majority of the Board of Directors of the Association and upon approval by two-thirds (2/3) favorable vote of each class of the Members of the Association voting at a meeting or by ballot as may be provided in the Bylaws of the Association. Section G. Date of Commencement of Annual Assessments; Due Dates. The annual Assessments provided for in this Article shall commence on the first day of the month next following the recordation of these covenants and shall be applicable through December 31 of such year. Each subsequent annual Assessment shall be imposed for the year beginning January 1 and ending December 31. The annual Assessments shall be payable in advance by one (1) annual payment, or by monthly, quarterly or biannual installments in the discretion of the Board of Directors of the Association. At the time of the closing of the sale of any Lot upon which a Residence has been constructed by Developer or any Builder, the purchaser thereof shall pay to the Association an amount equal to the annual Assessment multiplied by a fraction, the numerator of which is the number of days remaining in the year of closing (including the date of closing) and the denominator of which is 365. The due date of any special Assessment shall be fixed in the Board resolution author izing such assessment. - 14 - OFFIC~. RECORDS 800:\. PAGE (I.~03 0524 SEMINOLE CO. FL. Section H. Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the Assessment against each Lot subject to the Association's jur isdiction for each assessment per iod, to the extent practicable, at least thirty (30) days in advance of such date or period, and shall, at that time, prepare a roster of the Lots and Assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the Assessment shall thereupon be sent to every Owner subject thereto thirty (30) days pr ior to payment of the first installment thereof, except as to emergency Assessments. Subject to other provisions hereof, the Association shall upon demand at any time furnish to any Owner liable for an Assessment a certificate in writing signed by an officer of the Association, setting forth whether such assessment has been paid as to any particular Lot. Such certificate shall be conclusive evidence of payment of any Assessment to the Association therein stated to have been paid. The Association may charge a reasonable fee for such certificate. The Association, through the action of its Board of Directors, shall have the power, but not the obligation, to enter into an agreement or agreements from time to time with one or more persons, firms or corporations (including affiliates of the Developer) for management services or for other services beneficial to the Association or the proper operation and maintenance of the Properties. The Association shall have all other powers provided elsewhere herein, in its Articles of Incorporation and its aylaws. e Section I. Effect of Non-Payment of Assessment; the Personal Obligation; the Lien; Remedies of the Association. If the Assessments (or installments), whether general or special, are not paid on the date(s) when due (being the date(s) specified herein), then such Assessments (or installments) shall become delinquent and shall, together wi th late charges, interest and the cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the Lot which shall bind such property. Each Assessment against a Lot shall also be the personal obligation of the Owner at the time the Assessment fell due. If any installment of an Assessment is not paid within fifteen (15) days after the due date, at the option of the Association, a late charge not greater than FIFTY AND NO/lOO DOLLARS ($ 50.00) may be imposed and all such sums shall bear interest from the dates when due until paid at the highest lawful rate and the Association may bring an action at law against the Owner (s) personally obligated to pay the same or may record a claim of lien against the Lot on which the assessments and late charges are unpaid or may foreclose the lien against the Lot on which the assessments and late charges are unpaid, or may pursue one or more of such remedies at the same time or successively. In any such action or actions, the Association shall also have the right to recover its attorneys' fees (including paralegal fees) and costs, whether incurred before trial, at trial and upon all appellate levels. - 15 - I OFFICIAL RECAs BOO/{ ~E ?1~03 0525 In addition to the rights oSj:HI~!-fe~.i€k. of Assessments stated in this Section, any and all persons acquiring title to or an interest in a Lot as to which the Assessment is delinquent, including without limitation persons acquiring title by operation of law and by judicial sales, shall not be entitled to the occupancy of such Lot or the enjoyment of the Common Area until such time as all unpaid and delinquent Assessments due and owing from the selling Owner have been fully paid and no sale or other disposition of Lots shall be permitted until an estoppel letter is received from the Association acknowledging payment in full of all Assessments and other sums due; provided, however, that the provisions of this sentence shall not be applicable to the mortgagees and purchasers contemplated by Section J of this Article. e It shall be the legal right of the Association to enforce payment of the Assessments hereunder. Failure of the Association to send or deliver bills shall not, however, relieve Owners from their obligations hereunder. Section J. Subordination of the Lien. The lien of the assessments provided for in this Article shall be subordinate to tax liens and to the lien of any first mortgage to any Institutional Lender and which is now or hereafter placed upon any property subject to Assessment; provided, however, that any such mortgagee when in possession or any receiver, and in the event of a foreclosure, any purchaser at a foreclosure sale, and any such mortgagee acquiring a deed in lieu of foreclosure, and all persons claiming by, through or under such purchaser or mortgagee, shall hold title subject to the liability and lien of any Assessment coming due after such foreclosure (or conveyance in lieu of foreclosure). Any unpaid Assessment which cannot be collected as a lien against any Lot by reason of the provisions of this Section shall be deemed to be an Assessment divided equally among, payable by and a lien against all Lots subject to Assessment by the Association, including the Lots as to which the foreclosure (or conveyance in lieu of foreclosure) took place. Section K. Collection of Assessments. The Association shall collect the Assessments of the Association. Section L. Effect on Developer. Notwithstanding any provision that may be contained to the contrary in this Declaration, or the Articles of Incorporation or Bylaws of the Association, for as long as Developer or its successor or assignee, from time to time, is the Owner of any Lot, the Developer shall be liable for the full Assessments against each Lot so owned; provided, however, the Developer, in its sole discretion, may elect, in lieu of payment of such Assessments, to pay the amount of any deficits incurred by the Association for expenses incurred in excess of the amounts collected as Assessments from the other Lot Owners. When all Lots within the Properties are sold and conveyed to purchasers, Developer shall not have further liability of any kind to the Association for the - 16 - e OFFICIAL RECORDa. BOOK PAG. 2403 0526 SEI1/NOLE co. Fl. for funding any deficits of the payment of Assessments or Association. Section M. Trust Funds. The portion of all regular Assessments collected by the Association for reserves for future expenses, and the entire amount of all special assessments, shall be held by the Association for the Owners of all Lots, as their interests may appear, and may be invested in interest bear ing accounts or in certificates of deposit or other like instruments or accounts available at banks or savings and loan institutions the deposi ts of which are insured by an agency of the Uni ted States. ARTICLE VII. CERTAIN RULES AND REGULATIONS Section A. Applicabili ty. The provisions of this Article VII shall be applicable to all of the Properties but shall not be applicable to the Developer or property owned by the Developer. Section B. Land Use and Building Type. No Lot shall be used except for residential purposes. No building constructed on a Lot shall be used except for residential purposes. No business, commercial, industr ial, trade, professional or other non-residential activity or use of any nature or kind shall be conducted on any Lot. No building shall be erected, altered, placed or permitted to remain ,on any Lot other than one Residence. Temporary uses by Developer for model homes, sales displays, parking lots, sales offices, construction offices and other offices, or anyone or combination of such uses, shall be permitted until permanent cessation of such uses takes place. No changes may be made in buildings erected by the Developer (except if such changes are made by the Developer) without the consent of the Architectural Review Board as provided herein. Section C. Opening Blank Walls; Removing Fences. No Owner shall make or permit any opening to be made in any Developer or Association erected blank wall, or masonry wall or fence, except as such opening is installed by Developer. No such building wall or masonry wall or fence shall be demolished or removed without the pr ior wr i tten consent of the Owner of the adjoining Lot, Developer and the Archi tectural Review Board. Developer shall have the right but shall not be obligated to assign all or any portion of its rights and privileges under this Section to the Association. Section D. Easements. Easements for installation, replacement, connection to, disconnection from, and maintenance of utilities are reserved as shown on the recorded Plats covering the Properties and as provided herein. Wi thin these easements, no structure, planting or other material may be placed or permitted to remain that will interfere with or prevent the maintenance of utilities, unless said structure, planting or other material has been so placed by the Developer or the - 17 - e OFFICIAL RECORDS nOOK rAGE e ? tl 0 3 0527 Asso7iation or h~s been seEt~~~!<tO~FE!t the permission of the Arch~tectural Rev~ew Board. The area of each Lot covered by an easement and all improvements in the area shall be maintained continuously by the Owner of the Lot, except as provided herein to the contrary and except for installations for which a public author i ty or utili ty company is responsible. The appropr iate water and sewer authority, electric utility company, telephone company, the Association, and Developer and their respective successors and assigns, shall have a perpetual easement for the installation, replacement, connection to, disconnection from, and maintenance, all underground, of water lines, sanitary sewers, storm drains, and electric, telephone and security lines, cables and conduits, under and through the utility and drainage easements, as the case may be, as shown on the Plats. Developer and its designees, successors and assigns, shall have a perpetual easement for the installation and maintenance of cable, radio, television and security lines within utility easement areas shown on the Plat. All utility lines within the Properties, whether in street rights-of-way or utility easements, shall be installed and maintained underground. Section E. Nuisances. No noxious, offensive or unlawful activity shall be carried on upon or about the Properties, nor shall anything be done thereon which may be or may become an annoyance or nuisance to other Owners. Section F. Temporary and Oth~r Structures. No structure of a temporary character, or storage shed, utility shed or similar structure, green house, trailer, tent, mobile home, motor home, or recreational vehicle, shall be permitted on the Properties at any time or used at any time as a residence, either temporarily or permanently, except by the Developer during construction. No gas tank, gas container or gas cylinder shall be permitted to be placed on or about the outside of any Residence or on or about any ancillary building, unless approved by the Architectural Review Board, and if approved must be buried or screened and enclosed by a structure approved by the Archi tectural Review Board. Section G. Signs. No sign of any kind shall be displayed to the public view on the Properties, except any sign used by the Developer to advertise the company or builder, project, sales or other matters during the construction and sales period. No sign of any kind shall be permitted to be placed inside a home or on the outside walls of the home or on any fences on the Properties, nor on the Common Area, nor on dedicated areas, if any, nor on entryways or any vehicles within the Properties, except such as are placed by the Developer. Provided, however, one (1) discreet, professionally prepared "For Sale" sign of not more than three (3) square feet may be placed on the street side of the Lot, subject to prior approval by the Architectural Review Board. - 18 - e OFFICIAL RECORDS BOOK PAGE e 2~03 0528 SEr'1INOLE co. FL. Section H. Oil and Mining Operation. No oil drilling, oil development operations, oil refining, quarrying or .mining operations of any kind shall be permitted upon or 1n the Properties, nor on dedicated areas, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon or in the Properties. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any portion of the land subject to these restrictions. Section I. Animals and Pets. No reptiles, livestock, poultry or animals of any kind, nature or description shall be kept, bred or raised upon the Properties, except for dogs, cats, birds or other usual or customary household pets which may be kept, raised and maintained upon the Properties, provided that the same are not kept, raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Developer or the Association, in the exercise of their reasonable discretion. Numbers in excess of two (2) of each type of household pet (other than aquarium-kept fish) shall prima facia be considered unreasonable. Notwi thstanding the foregoing, no such reptiles, animals, birds or other pets may be kept, raised or maintained on the Properties under circumstances, which, in the good faith judgment of the Developer or the Association, shall constitute an unreasonable. annoyance, hazard, or nuisance to residents in the vicinity or an unreasonable interference with the comfortable and quiet use, occupation and enjoyment of other Lots or portions of the Properties. Section J. Architectural Control. No building, addition, wall, addition, fence or other structure or improvement of any nature or kind (including mailboxes, landscaping and exterior paint and finish) shall be erected, placed or altered on any Lot until the construction plans and specifications and a plan showing the location of the structure and landscaping, or composition of the materials used therefor, as may be required by the Architectural Review Board (sometimes referred to herein as the "ARB") have been approved in writing by the Architectural Review Board named below and all necessary governmental permits are obtained. Each building, addi t ion, wall, fence, mailbox or other structure or improvement of any nature, together with the landscaping, shall be erected, placed or altered upon the premises only in accordance with the plans and specifications and plot plan so approved and applicable governmental permits and requirements. The Archi tectural Review Board shall have the right, in its sole and absolute discretion, to refuse approval of plans, specifications and plot plans, or any of them, based on any ground, including purely aesthetic grounds. Any change in the exterior appearance of any building, wall, fence, mailbox or other structure or improvements, and any change in the appearance of the landscaping, shall be deemed an alteration requiring approval. The Architectural Review Board shall have the power to promulgate such rules and regulations as it deems necessary to carry out the provisions and intent of this Section. - 19 - e OFFICII\L RECORDS BOO:~ PAGE e 2 f+ 0 3 0529 So long as the DevelopiltiH~C(}lIfj.. Lots in the Properties, the ARB shall be appointed by the Developer. Thereafter, the Architectural Review Board shall be a committee composed of or appointed by the Board of Directors of the Association. During the period in which the Developer appoints the membership of the ARB, the ARB shall have three (3) members. At such time as the Board of Directors appoints the ARB members, the ARB shall have any number of members, but never less than three (3), as deemed appropriate by the Board of Directors. The address of the Architectural Review Board shall be the address of the Developer or the Association, depending on which party appoints its membership. The Board of Directors of the Association and the ARB may employ personnel and consultants to assist the ARB at the expense of the Association. The members of the ARB shall not be entitled to any compensation for services performed pursuant to this Declaration. The Architectural Review Board shall act on submissions to it, or request further information thereon, within fourteen (14) days after receipt of the same (and all further documentation required) or else the request shall be deemed approved. Without limiting the generality of Section A hereof, the foregoing provisions regarding ARB approval shall not be applicable to the Developer or to construction activities conducted by the Developer. Notwithstanding anything herein to the contrary, the ARB, in its sole and absolute discretion, ~ay grant a variance as to any of the restrictions, condi tions and requirements set forth in this Article so long as, in the judgment of the ARB, the noncompliance for which the var iance is granted is not of a substantial nature and the granting of the variance shall not unreasonably detract from the use and enjoyment of adjoining Lots and the Properties. In no event shall the granting of a variance in one instance require the ARB to grant a similar or other type of variance in any other instance, it being understood that the granting of variances from the restrictions, conditions and requirements of this Article shall be in the sole and absolute discretion of the ARB. The Architectural Review Board and any and all officers, directors, employees, agents and Members of the Association shall not, ei ther jointly or severally, be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever, by reason of or on account of any decision, approval or disapproval of any plans, specif ications or other mater ials required to be submitted for review and approval pursuant to provisions of this Section of this Declaration, or for any mistake in judgment, negligence, misfeasance, or nonfeasance related to or in connection with any such decision, approval or disapproval, and each Owner by acquir ing ti tIe to any Lot or interest therein, shall be deemed to have agreed that he or it shall not be entitled to and shall not bring any action, proceeding or suit against such parties. - 20 - e OfFICIAL RECORD. ROO!~ PAGE 2 f~ 0 3 0530 Section K. Exterior A ea n Landsca in. The paint, coating, sta1n and other exter10r 1n1sh1ng colors on all Residences and masonry walls may be maintained as that originally installed, without pr ior approval of the Architectural Review Board, but prior approval of the Architectural Review Board shall be necessary before any such exterior finishing color is changed. Section L. Commercial Trucks, Trailers, Cam ers and Boats. With the except10n of non-commerc1al trucks w1th 3 4 ton capacity or less, no trucks or commercial vehicles, or campers, mobile homes, motorhomes, house trailers or trailers of every other descr iption, recreational vehicles, boats, boat trailers, horse trailers or vans, shall be permitted to be parked or to be stored at any place on the Properties, nor in dedicated areas, unless same shall be parked or stored entirely within and fully enclosed by a garage. This prohibition of parking shall not apply to temporary parking or trucks and commercial vehicles, such as for pick-up and delivery and other commercial services, nor to non-commercial vans for personal use which are in acceptable condition in the sole opinion of the Board of Directors (which favorable opinion may be changed at any time), nor to any vehicles of the Developer or those required by any Builder dur ing construction on any Lot. No on-street parking shall be permitted. In the event any provision of this covenant is breached, the Developer or the Association may have said truck, commercial vehicle, camper, mobile home, motorhome, house trailer, other trailer, recreation~l vehicle, boat, boat trailer, or horse trailer towed from the Properties at the Lot Owner's sole cost and expense, and a special Assessment may be levied therefor against such Owner. Section M. Garbage and Trash Disposal. No garbage, refuse, trash or rubbish shall be deposited except as permitted by the Association. The requirements from time to time of the applicable governmental authority for disposal or collection of waste shall be complied with. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condi tion. All garbage and trash containers and their storage areas and the like shall be kept within a garage, placed inside an enclosure approved by the Architectural Review Board, or behind opaque walls attached to and made a part of the Residence on each Lot, and otherwise in conformity with applicable rules, regulations and approvals. Such containers may not be placed out for collection sooner than the night prior to scheduled collection and must be removed within the night of collection. Section N. Fences. No fence, wall or other similar structure shall be erected on any Lot unless the materials therefor and color thereof are in accordance with such standards as may be adopted by the ARB and the location and dimensions thereof are approved by the ARB. The ARB shall have the right to adopt such standards as it deems advisable in regard to the location and height of and colors and materials for any fences installed wi thin the properties. In no event shall any wall or - 21 - OFF!fIAL REC.S 8001\ PrGE 2 (.f 0 3 fence exceed six (6) feet in heightS.Ef111iltLf.tSQ. 9v.ent any walls or fences abut the Community Wall or any other wall or fence constructed by Developer, the top of the wall or fence installed by the Lot Owner shall slope down to the top of the Community Wall or Developer constructed wall or fence in a manner acceptable to the ARB. e 0531 Section O. Mailboxes. No mailboxes or similar improvement shall be installed on any Lot unless the location thereof has been approved by the ARB and the materials therefor and color thereof have been approved by the ARB and are in accordance with such standards for materials and colors as may be adopted by the ARB. Section P. No Drying. To the extent lawful, no clothing, laundry or wash shall be aired or dried on any portion of the Properties which is visible from the adjacent Lots, or the streets, or any other adjoining portion of the Properties. Section Q. Unit Air Conditioners and Reflective Materials. No air conditioning units may be mounted through windows or walls or on any roof. Central air conditioning units shall be screened from view by such walls and/or landscaping as may be approved by the ARB. No building shall have any aluminum foil placed in any window or glass door or any reflective substance or other materials (except standard window treatments) placed on any glass, except such as may be approved by the Architectural Review Board for energy conservation purposes. Section R. Exterior Antennas. No exterior antennas, microwave antennas, satellite antennas, microwave dish, satellite dish, transducers, or signal amplification systems for use in connection with television or radio equipment or the like shall be permitted on any Lot or improvement thereon, except that Developer shall have the right to install and maintain community antenna, microwave antenna, dishes, satellite antenna and radio, television and security lines. Section S. Chain Link Fences. No chain link fences shall be permitted on any Lot or portion thereof, unless installed by Developer during construction periods or around any retention or detention areas as required by the City of Winter Springs. Section T. Recreational Facilities. No tree houses, or skate board or bicycle ramps shall be constructed or placed upon the Properties. Basketball goals may be permi tted, subject to the approval of the ARB as to the type of equipment to be installed and the location thereof. Section U. B' shall be constructe , the property boundary - 22 - " ~v,. ~ ~\~ tYJ'" , . OF~!f"~l R_RDS 80", i P^GE 2'~03 e 0532 SEt1'r.101S I." ~~~rfbC Lots. No closer than twenty (20) feet to the front yard (street side) property boundary Tine; twenty {20} feet to the rea~ yard property boundary line; and ~even and on"El:'h::al!.. (7.5) feet to the side yard property boundary -:tines on interior Lots. 2. Corner Lots. Notwithstanding the side yard building setback lines established above, the side yard building setback line on the ~ide ~ard of corner Lots (i.e., on the street side of a Lot whic is not the front of the Residence constructed thereon) shall be twenty (20) feet to the side yard property lines on the side(s) of the property adjacent to street right of way. 3. Exclusions. Those improvements specified in Section V below shall be excluded from the building setback lines established in this Section U. / ~ 1ir .2..0 I ((",~ ~ ~ Section V. Other Setback Lines. Improvements other than '" j)~....?~h~ Residences on a Lot. shall be placed, located, erected, ~, cbnstructed or installed no closer to the property boundary lines of a Lot, by type of improvement, as follows, to wit: fl)1-AJ eIl.-:::; :2..0 ,. ~,J.r' 1. lswimming Pools~ No closer than the otherwise establish a Sl.oe yard buIlding setback line and no closer than ten (10) feet to any rear yard property boundary line from the water's edge. ,No swimming pools shall be constructed in front or side yards. 2. Swimmin Pool Decks No swimming pool deck or patl., whether construc e of concrete, cool deck, aggregate wood or any other mater ial shall be constructed nearer than five (5) feet to any rear yard property boundary line from the water's edge or nearer than the side yard building setback as provided in Section U above. A screen enclosure shall be constructed no closer than seen and one-half (7.5) feet to any rear property line. 3. Outbuildings and Accessory Structures. All out buildings and accessory structures shall be located within the building setback lines otherwise established for the Residence on any Lot unless otherwise approved in writing by the Architectural Review Board. Section w. Residence. Each Residence constructed on a Lot shall have a minimum heating and cooled living area of One Thousand Seven Hundred (1,700) square feet. Section x. Roofs. The roofs of the main body of all buildings and other structures, including the Residence, shall be pitched. No flat roofs shall be permitted without the approval of the Developer and the Architectural Review Board. The Developer and Archi tectural Review Board may, in thei r discretion, approve flat roofs on part of the main body of a - 23 - e OFFICIAL RECORDS BOOK PAGE - , . 2Ll03 0533 building if architecturallysg~G~eFwlth the remainder of the roof structure, the particular building on which it is to be constructed and all adjacent residences and other structures. The pitch of all roofs shall be not less than six inches (6") in twelve inches (12") (6/12 vertical/horizontal). All roofs shall be constructed of clay, tile, cement tile, slate, fiberglass, standing seam copper, cedar shake shingle, architectural shingle, or other mater ials approved by the Archi tectural Review Board. All roof colors must be approved by the Architectural Review Board in its sole discretion. No pure white, pure black or pure primary colored roofs shall be permitted. Section Y. Landscaping. Each Lot shall be landscaped in accordance with a landscape plan which is approved by the Architectural Review Board. Prior to construction of any Residence on a Lot, a landscape plan must be submitted to and approved by the Architectural Review Board. Such landscape plan shall reflect a minimum budget of three percent (3.0%) of the construction cost of the Residence constructed on such Lot. Such budget shall be for initial plant mater ials, trees and installation, exclusive of the cost of sod and the required underground irrigation system, unless the Architectural Review Board, in consideration of the preservation and utilization of certain existing trees, plants and vegetation shall approve a budget in a lesser amount. All landscaping approved by the Architectural Review Board shall be installed within thirty (30) days after the completion of construction of the Residence on a Lot as evidenced by the issuance of a certificate of occupancy for such Residence. Section Z. Grass. No type or var iety of grass other than St. Augustine grass or a hybrid thereof shall be planted on any Lot, and such grass shall be planted only in those areas where specified on the landscape plan approved by the Archi tectural Review Board. The planting of grass on each Lot shall be accomplished by the installation of full sod covering the entire area required to be grassed. Partial sodding, sprigging, plugging or seeding shall not be permitted. Section AA. Irrigation Systems. All landscaped and grassed open areas on each Lot shall be irrigated by means of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas. The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the Architectural Review Board as part of the landscape plan required pursuant to the provisions of Section Y of this Article. Such irrigation or sprinkling system shall be installed prior to or simultaneously wi th the implementation of the landscape plan approved by the Archi tectural Review Board; but in any event wi thin the time provided in Section Y of this Article for the installation of landscaping. - 24 - OF.AL RECORDS BOOl\ PAGE '- 4 0 3 0 5 3 4, Section BB. Precedence Over Less S ernmental Regulations. In those 1nstances where the covena nditions and restrictions set forth in this Article set or establish minimum standards in excess of the ordinances, regulations and requirements of the City of Winter Springs and other applicable government authorities, including without limitation, building and zoning regulations, the covenants, conditions and restrictions set forth in this Article shall take precedence and prevail over any such less stringent ordinances, regulations and requirements. . . . Section CC. Solar Panels. Solar panels may only be constructed on the roof of a Residence so as not to be visible from the adjacent street (or configured so as to minimize visibly in the case of corner Lots) and only after review and approval by the ARB, in its sole and absolute discretion. The ARB reserves the right to promulgate such performance standards and require- ments as it may deem desirable in regard to the installation of solar panels. Section DO. Construction Time. Unless and otherwise approved by the Archi tectural Review Board in wr i ting, construction of Residences and other improvements must be commenced not later than six (6) months from the date that the Archi tectural Review Board issues its wr i tten approval of the final plans and specifications therefor. If construction does not commence wi thin such six (6) month per iod the plans and specifications for any proposed construction must once again be reviewed and approved by the Architectural Review Board in accordance with the provisions of this Article and any pr ior approval of the same by the Architectural Review Board shall no longer be binding on the Archi tectural Review Board. Upon commencement of construction, such construction shall be prosecuted diligently, continuously and wi thout interruption to completion within a reasonable time; but in no event more than one (1) year from the date of the commencement of such construction, however, the Architectural Review Board shall have the power and authority to extend the period permitted for construction, as aforesaid; provided that the Owner and general contractor involved make written application for such extension stating the reasons for the requested extension of time and provided further that the Architectural Review Board, in the exercise of its discretion, determines that the request is reasonable and the extension is warranted. Section EE. Additional Rules and Regulations. In addition to the foregoing, the Association shall have the right, power and authority, subject to the prior written consent and approval of Developer, to promulgate and impose rules and regulations governing and/or restricting the use of the Properties and Lots, including wi thout limi tation rules and regulations relating to the placement or installation of any type of improvement on any Lot, and to thereafter change, modify, alter, amend, rescind and augment any of the same; provided, however, that no rules and - 25 - '. . e OFFICIAL REC. 8001\ P,\ GE , . ? t} 0 3 0535 regulations so promulgated shallsEf.\UWuito ~nflict with the provisions of this Declaration. Any sucfi rules and regulations so promulgated by the Association shall be applicable to and binding upon all the Properties and the Owner's thereof and their successors and assigns, as well as all guests and invitees of and all parties claiming by, through or under such Owners. ARTICLE VIII. ENFORCEMENT Section A. Com~liance by Owners. Every Owner shall comply with the terms, prov~sions, restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board of Directors of the Association. Section B. Enforcement. The Developer, the Association, the Association Board of Directors, the Architectural Review Board, each Owner, the City of Winter Springs, Florida, or any other party as provided herein shall have the right to enforce this Declaration and the covenants, restrictions and provisions hereof. Enforcement of this Declaration and the covenants, restr ictions and provisions hereof may be accomplished by any proceeding at law or in equity, including without limitation, an action for damages and injunctive relief. The Association shall have the right to suspend the voting rights and use of the Common Area of any defaulting Owner. Failure to enforce any covenant, restriction or provision hereof sqall not be deemed a waiver to do so thereafter. The defaulting and/or offending Owner shall be responsible for all costs incurred in enforcement of this Declaration, including but not limited to, attorney, paralegal and legal assistant fees, costs and expenses, related fees, costs and expense, court costs and witness and expert fees and costs, whether suit be brought or not, and whether in settlement, in any declaratory action, at trial or on appeal. Section C. Fines. In addi tion to all other remedies, in the sole discretion of the Board of Directors of the Association, a fine or fines may be imposed upon an Owner for failure of an Owner, his family, guests, invitees, tenants, or employees to comply with any term, provision, covenant, restriction, rule or regulation contained herein or promulgated pursuant to this Declaration, provided the following procedures are adhered to: 1. Notice: The Association shall notify the Owner of the infraction or infractions. Included in the notice shall be the date and time of the next Board of Directors meeting at which time the Owner shall present reasons why a penalty or penalties should not be imposed. 2. Hearing: The noncompliance shall be presented to the Board after which time the Board of Directors shall hear reasons why penal ties should not be imposed. A wr i t ten decision of the Board of Directors shall be submitted to the Owner no later than thirty (30) days after the Board of Directors meeting. - 26 - e gb~!~CIAL RE'g~ , . ?r~n3 0536 SEJ1:HOLE co. FL. 3. Penalties: The Board of Directors may impose special assessments against the Lot or Lots owned by the Owner as follows: (i) First noncompliance or violation: not in excess of One Hundred and NO/lOO ($100.00). a fine Dollars (ii) Second noncompliance or violation: not in excess of Five Hundred and NO/lOO ($500.00). a fine Dollars (iii) Third and subsequent violation or violations that are nature: a fine not in excess of NO/lOO Dollars ($1,000.00) for each violation or non-compliance. noncompliance, or of a continuing One Thousand and week of continued 4. Payment of penalties: Fines shall be paid no later than thirty (30) days after notice of the imposition or assessment of the penalties. Any fines not paid within such thirty (30) day period shall thereafter accrue interest at the highest rate allowed by law until paid. 5. Collection of fines: Fines shall be treated as an Assessment otherwise due to \ the Association, and as such will be a lien against the Owner's Lot. 6. Application for penalties: All monies received from fines shall be allocated as directed by the Board of Directors. 7. Nonexclusive remedy: These fines shall not be construed to be exclusive, and shall exist in addition to all other rights and remedies to which the Association may be otherwise legally entitled; however, any penalty paid by the offending Owner shall be deducted from or offset against any damages that the Association may otherwise be entitled to recover by law from such Owner. ARTICLE IX. DRAINAGE SYSTEM Section A. Water Management District Permit. The storm water management system of the Properties is subject to the jur isdiction of the St. Johns River Water Management Distr ict, which has issued a permi t for the operation of such system in conjunction with the storm water management system of the residential development abutting the Properties known as Carrington Woods. Said development has been platted as CARRINGTON WOODS UNIT I, according to the plat thereof as recorded in Plat Book 40, Page 98 and CARRINGTON WOODS UNIT II, according to the plat thereof as recorded in Plat Book 42, Page - 27 - , . ~ -- OFFICIAL RECOFA BOOl\ P/\:Gf. " . ? 'i 03 0537 36, all of the Public Records s<tfilfi~~@~~. County, Flor ida ("Carrington Woods"). Section B. Agreements Regarding Drainage System. Notwith- standing anything herein to the contrary, the Board of Directors of the Association shall have the right, in its sole discretion, to authorize entering into agreements or contracts, according to such terms and for such duration as it deems necessary, to provide for the common maintenance of the storm water management systems of the Properties and Carrington Woods. Such agreements or contracts may include the acceptance of responsibility by the Association for maintenance and repair of the drainage facilities located on Tract A, CARRINGTON WOODS UNIT I and Tract A, CARRINGTON WOODS UNIT II, subject to reimbursement by the Carrington Woods Homeowners' Association, Inc. for its fair share thereof, or, in the alternative, the reimbursement by the Association of the Carrington Woods Homeowners' Association, Inc., or another entity accepting responsibility for maintenance of the storm water management systems for the Properties and Carrington Woods, for its acceptance of responsibility for maintenance of the storm water management system lying wi thin Tract A of the Properties and within the other Drainage Easements on the Properties. The Board of Directors shall have the right to authorize an officer of the Association to grant such easement rights over the Common Area and all Drainage Easement areas as may be necessary for maintenance thereof in accordance with this Article. Section C. Specific Maintenance Responsibilities. The Association shall own and maintain all retention ponds and vertical volume recovery structures situated throughout the Properties. Inlets to exfiltration systems must be inspected and cleaned of debris and sediment on a quarterly basis in February, May, August, and November of each year. If any piping or control structure within the storm water management system becomes clogged, maintenance measures must be taken to ensure the system will function as designed. If maintenance measures prove insufficient in the judgment of the st. Johns River Water Management District, the Association shall apply for and obtain St. Johns River Water Management District approval of an alternate design that will perform the same function. In accordance with Section B above, the Association shall have the right to assign the foregoing maintenance responsibilities to another enti ty which assumes responsibili ty for maintenance of the storm water management systems for the Properties and for Carrington Woods. ARTICLE X. GENERAL PROVISIONS Section A. Municipal Service Taxing Units. Upon acceptance of any deed or other instrument conveying title to any Lot, each Owner thereof acknowledges that each such Lot is or may be located in one or more municipal service taxing units (each is an - 28 - '. . e 8bS!fIAL RE.~ 2 r~ 0 3 0 5 3 8 . . " "f f" SU11NOLE fD. FL. h MSTU) or the purpose 0 prov~d~ng street 19htlng or any ot er purposes for which an MSTU may be established under Flor ida law. Each Owner agrees to be subject to and bound by such MSTUs and to pay all fees, charges, surcharges, levies and assessments, in whatsoever nature or form, relating to said districts and/or to the Owner's Lot. Further, each Owner agrees that it shall cooperate fully with Developer or the Association in connection with any efforts of Developer or the Association to include the Properties in any MSTUs, and to execute any documents or instruments which may be required to do so. Section B. Insurance and Fidelity Bonds. The Association shall obtain and maintain in effect casualty and liability insurance and fidelity bond coverage in form and amount substantially similar to that specified in the Federal National Mortgage Association Lending Guide, Chapter Three, Part 5, Insurance Requirements, as such requirements shall be amended from time to time, or such similar insurance and fidelity bond coverage as may be deemed advisable by the Board of Directors of the Association. Section C. Duration. The covenants and restrictions of this Declaration shall run wi th and bind the Properties, and shall inure to the benefit of and be enforceable by the Developer, the Association, the Architectural Review Board and the Owner of any land subject to this Declaration, and their respective legal representatives, heirs, successors and assigns, for a term of fifty (50) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then Owners of 75% of all the Lots subject hereto has been recorded, agreeing to revoke said covenants and restr ictions. Provided, however, that no such agreement to revoke shall be effective unless made and recorded three (3) years in advance of the effective date of such revocation, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken. Section D. Notice. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when personally delivered or mailed, postpaid, to the last known address of the person who appears a Member or Owner on the records of the Association at the time of such mailing. Section E. Severability. Invalidation of anyone of these covenants or restrictions or any part, clause or word hereof, or the application thereof in specific circumstances, by judgment or court order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect. - 29 - ,. . e OFF ICI.~L RECO~ 800!\ r. 2 f,. 03 0539 ~ snW-!OLE co. FL. Section F. Amendment. In addition to any other manner herein provided for the amendment of this Declaration, the covenants, restr ictions, easements, charges and liens of this Declaration may be amended, changed or added to at any time and from time to time upon the execution and recordation of an instrument executed by the Developer alone, without the consent of the Association, any Lot Owner or the holder of any mortgage on a Lot, for so long as it holds title to any Lot affected by this Declaration; or by an instrument signed by 66 2/3% of all Lot Owners; or alternatively by approval at a meeting of Owners holding not less than 66 2/3% vote of the membership in the Association, provided, that so long as the Developer is the Owner of any Lot affected by this Declaration, the Developer's consent must be obtained if such amendment, in the sole opinion of the Developer, affects its interest. Section G. Effective Date. This Declaration shall become effective upon its recordation in the Public Records of Seminole County, Florida. Section H. Withdrawal. Developer reserves the right to amend this Declaration at any time, without pr ior notice and without the consent of any person or entity, for the purpose of removing certain portions of the Properties then owned by the Developer or the Association from the provisions of this Declaration to the extent included originally in error or as a resul t of reasonable changes in ,the plans for the Properties desired to be effected by the Developer and approved by the City of Winter Springs. Section I. Conflict. This Declaration precedence over conflicting provisions in the Incorporation and Bylaws of the Association and shall take precedence over the Bylaws. shall take Articles of the Articles Section J. Standards for Consent, Ap~roval, Completion, Other Action and Interpretation. Whenever thls Declaration shall require the consent, approval, completion, substantial completion, or other action by the Developer, the Association of the Architectural Review Board, such consent, approval or action may be withheld in the sole and absolute discretion of the party requested to give such consent or approval or take such action, and all matters required to be completed or substantially completed by the Developer or the Association shall be deemed completed or substantially completed when so determined, in the discretion of the Developer or Association, as appropriate. Section K. Easements. Should the intended creation of any easement provided for in this Declaration fail by reason of the fact that at the time of creation there may be no grantee in being having the capaci ty to take and hold such easement, then any such grant of easement deemed not to have been so created shall nevertheless be considered as having been granted directly to the Association as agent for such intended grantees for the - 30 - . . t ,. OFFICI~.L RECOR' BOO~; PAGE ?tl03 0540 purpose of allowing the original &1fil;X rPF Wties to whom the easements were originally intended- 'I e:l:1L~~~e been granted the benefit of such easement and the Owners hereby designate the Developer and the Association (or either of them) as their lawful attorney-in-fact to execute any instrument on such Owners' behalf as may hereafter be required or deemed necessary for the purpose of later creating such easement as it was intended to have been created herein. Formal language of grant or reservation wi th respect to such easements, as appropriate, is hereby incorporated in the easement provisions hereof to the extent not so recited in some or all of such provisions. e . . Section L. Covenants Running With The Land. ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING AND WITHOUT LIMITING THE GENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION C HEREOF, IT IS THE INTENTION OF ALL PARTIES AFFECTED HEREBY (AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS SHALL RUN WITH THE LAND AND WITH TITLE TO THE PROPERTIES. WITHOUT LIMITING THE GENERALITY OF SECTION F HEREOF, IF ANY PROVISION OR APPLICATION OF THIS DECLARATION WOULD PREVENT THIS DECLARATION FROM RUNNING WITH THE LAND AS AFORESAID, SUCH PROVISION AND/OR APPLICATION SHALL BE JUDICIALLY MODIFIED, IF AT ALL POSSIBLE, TO COME AS CLOSE AS POSSIBLE TO THE INTENT OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN A MANNER WHICH WILL ALLOW THESE COVENANTS AND RESTRICTIONS TO SO RUN WITH THE LAND; BUT IF SUCH PROVISION AND/OR APPLICATION CANNOT BE SO MODIFIED, SUCH PROVISION AND/OR APPLICATION SHALL BE UNENFORCEABLE AND CONSIDERED NULL AND VOID IN ORDER THAT THE PARAMOUNT GOAL OF THE PARTIES AFFECTED HEREBY (THAT THESE COVENANTS AND RESTRICTIONS RUN WITH THE LAND AS AFORESAID) BE ACHIEVED. Section M. Dissolution of Association. In the event of a permanent dissolution of the Association, all assets of the Association shall be conveyed to a non-profit organization with similar purposes. Failing the ability to find a non-profit organization to succeed to the Association wi thin ninety (90) days of dissolution of the Association, all Association assets may be dedicated to the city government of the City of Winter Springs, Florida or any applicable municipal or other governmental author i ty. Said successor non-profit organi za tion or governmental entity shall pursuant to this Declaration provide for the continued maintenance and upkeep of the Common Area, the Properties and such other property as may be contemplated herein. ARTICLE XI. ADDITIONAL COVENANTS AND RESTRICTIONS In addition to this Declaration, the Properties are subject to that certain Declaration of Covenants and Restr ictions by Winter Springs Development Joint Venture dated June 30, 1988 and recorded July 8, 1988 in Official Records Book 1974, Page 1409, as amended by that certain Amendment to Declaration to Covenants and Restrictions by Winter Springs Development Joint Venture - 31 - , I I ;. e OFFIC'~.L RECORCe BOO!{; PAGE 2 r~ 0 3 0 5 4 I . 'j .-. dated March 17, 1988 and recor8ErdIN&alt<90. ~B., 1989 in Official Records Book 2054, Page 454, all of the Public Records of Seminole County, Florida, as the same may be amended from time to time (the "Existing Declaration"). Nothing herein shall permi t or authorize any violations of, amendments to or deviations from the Existing Declaration. Further, in the event that there is any conflict between the terms, provisions, covenants, restrictions and conditions of the Existing Declaration and the terms, provisions, covenants, restrictions and conditions hereof, the terms, provisions, covenants, restrictions and conditions set forth in the Existing Declaration shall control, it being the intent hereof that the conflicting provisions set forth herein shall apply only upon the expiration or termination of the Existing Declaration or amendment of such provisions of the Existing Declaration as may conflict with the provisions hereof. ARTICLE XII. CITY OF WINTER SPRINGS, FLORIDA Notwi thstanding any other provisions contained herein, no amendments may be made to this document without the prior approval of the City of Winter Spr ings, Flor ida. The Ci ty of Winter Springs is a third party beneficiary with the right to legally enforce this document or any part or provision hereof. Nothing contained herein shall be construed to permit or authorize any violations or deviations from the City Code, City of Winter Springs, Florida. EXECUTED as of the date first above written. Signed, sealed and delivered in the presence of: WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership BY: HUMBOLDT FINANCIAL SERVICES, INC., a California corporation, Managing General Partner ,:::-~,_iuc~.J- Name: F By: {)f?\J!jfl5.~~ Title: .svP it By: Name: Name: Title: t IV €:Ie.' - 32 - ..' . " ,. 4 . ~ ;S Name: (Print) Name: (Print) <- "- Name: , f I' f Name: ( T' , (, I' \\ If I ( ,\L t ( \ . _; I ~ i ' " t.\ I \ , " , I \ 1\ II ' ,t (Print) , Name: :-l.<.J-y 1<.( - ( u.:,sk ,: I :, I} (II, \. . \ I '. " .,..) t I. , '.1:, k. II(~'II ,I '. I ';~ (Print) BY: - 33 - By: e OFFIC/,.'l RECORDS BOOK Pt'GE ? , J 0 3 0 5 l, 2 SEt1INOlE co. Fl Name: . Title: Address: (CORPORATE SEAL) HOME CAPITAL CORPORATION, a California corporation, General Partner By: \d ~ //;{ 1M- (f~ Misklnls, Authorized Agent - By: ~ t/4~ Joy eC ro, Project Manager (CORPORATE SEAL) Address: 1301 Winter ~'R~'in9s Blvd. Winter Spr ings';' Fl...3'2.708 ...., ,,' '," - .) , ' ~ : ,. . ~ ' '. r.:: J-:r:' ,\et,.';.:. 4'..' '. ..:' :- .;.'; . ~ .<. . l_.Jo r-.... ,~ , ' r", " .... !.' () ',' ,,\ .. . e OFFIC. RECORDS 8001~ PAGE .,j I I .. ," ? r~ 0 3 05Lt3 STATE OF r:(()1!.jlJ{'~ COUNTY OF Sr-;u i ~/b ) ) SS: ) SHmWLE CO. FL. The foregoing instrument was acknowledged before me, this ~/nh day of ~-t(" A.. , 1992, by f)c^nl/ I! /O-yE , as l ,,',e (-- fJ~~~/cJ- '-/ of Humboldt Financ1a1 Services, Inc., a Ca11forn1a corporation, on behalf of said corporation as Managing General Partner of Winter Springs Development Joint Venture, a Florida general partnership, on behalf of said partnership. He/she is personally known to me and did not take an oath. 1111 1111"""1 \\" . \ I t" t"' " ,..' I) ."11_ . " (, ..'" , (. '~'" "\ ( 1nt) Notary Public , State of f 16iJIJo... My Commiss10n Expires: NOTART PUBLIC. STATE OF FLORID"" "I', MY COMMISSION EXPIRES: MAY 3'. '9~ BONDED THRU NOTARY PUBLIC UNDItRWIUTE"" .,,.' f' .r.)"'", - _ . rj .. " '. ,i: ~ ."':~' /I (~' ~ , " -:' ... (" ,. '-' STATE OF r !L"J2tI.JQ ) ) SS: COUNTY OF Ort.//I.X\ I t- ) I The foregoing ,i. nstrument was aCkno,w1edged be~ore me, this / _'J/.... da,Y of Ihd<-l".^- , 1992, by fA l~ 'If: L. A,I'(~EJ , as (. #,{(l/IIC,'C t/'Cf ~Lt;.J I;,I?~"/ of Humbol- t Financial Services, Inc., a Ca1iforn1a corporation, on behalf of said corporation as Managing General Partner of Winter Springs Development Joint venture, a Florida general partnership, on behalf of said partnership. He/she is personally known to me and did not take an oath. " """ 1,1' .,.' (. {) ',~! y :" '\. .. . ..\. ' ~ ',\ < , ' r -;..} . .' . . " '. ' NOTARY PUBLIC, STA rE or FLORIDA. MYCOMMISS;ON EXPIRES: MAY 31,1993. .ONDED THRU NOTARY PUBL.IC UNDERWRITER.. ", - 34 - . . ' ~ ; ". . . '!-- 4tFfflAl RECORDS 00", f'" GE 2 I~ 0 3 0 5 4 4 SENiNOlE co. Fl. STATE OF FLORIDA ) . ) SS: COUNTY OF~ 'f /l.{ll\() t(~ ) . ''''JlThe foregoin instrument was acknowledged before me, this (),,/\ . day of J": Llul:.L.. ,1992, by Lisa Miskinis, as Authorized Agent of Home Cap1tal orporation, a California corporation, on behalf of said corpora ion as General Partner of Winter Springs Development Joint Venture, a Florida general partnership, on behalf of said partnership. She is personally known to me and did not take an oath. l' / Q" (--,L~.,{u~L iiL<... -,( Name: '1/IM~' {." r .t((~ . ~,( r in t ) "" ' , Notary Public ....~ ') \ t' , State of Florida at Large'" v , ~ .. . - ,,",\ My Comm1ss1on Exp1res: ""~' N-Jlt,';YfTC'':-!::. ~;p,rE OF FLORIDA' ;.. I' I,if V},LnS~;:'JN f:.;.:'il:ES: MAY 31, 199'!: (_" IH.HJOEiJ TH:HJ NU1AB'f PUOI_IC UI"H}ER\ifRfTri~ ..... '. STATE OF FLORIDA COUNTY oFj;M-~lp ) ) SS: ) . "!. , ' i ' " ;lj'III'I\ 7 ('--; /.The foregoin was acknowledged before me, this ...... ~ day of e t- ,1992, by Joy DeCaro, as Project Manager of Home Capital rporation, a California corporation, on behalf of said corporat on as General Partner of Winter Springs Development Joint Venture, a Florida general partnership, on behalf of said partnership. She is personally known to me and did not take an oath. (~ -1~'{UL<~ {. l~ft.~~ Name: 1/11C-tf f.... . (": (VU t~ ./ rint) Notary Public State of Florida at Large My Commission Expires: NOTJI,RY P!JI3L1C, ST,'TE OF FLORIDA', In co',nlISSi')t; (Z;'I;;,,5: rJr,'( 31, 1995'.' .., bONDEt) THHU HOTAh't PU3LIC UNDER.W~~TE:ft.t f, " - \. .," I). \ \. . , I' - 35 - , ,.,..\ .. .. _FFICIAL RECORDS 8001\ rAGE 4 ,f'" CONSENT AND JOINDER OF MORTGAGEE '- " 0 3 0 5 4 5 HOMEFED BANK, Federal Savings Bank, f/k/a/ SJi<;W\~1 ...F~8eral Savings and Loan Association, a federally chartered ~~~~8 ~69S and loan association, being the owner and holder of the following documents encumbering the Properties (as defined in the foregoing Declaration), to wit: e tf (I . 1. Mortgage and Secur i ty Agreement recorded on July 8, 1988 in Official Records Book 1975, Page 268, Public Records of Seminole County, Florida, as modified by that certain Mortgage Modification and Spreading Agreement recorded January 25, 1990 in Official Records Book 2146, Page 1144, Public Records of Seminole County, Florida: and 2. Collateral Assignment Contracts for Sale and Purchase Official Records 1975, Page 308, County, Florida: and of Current and Future recorded July 8, 1988 in Public Records of Seminole 3. UCC-l Financing Statement recorded on July 8, 1988 in Official Records Book 1975, Page 328, Public Records of Seminole County, Florida (said Mortgage and Security Agreement, Collateral Assignment, Financing Statement and all other documents or instruments evidencing or securing the loan secured thereby being hereinafter collectively referred to as the "Loan Documents"): does hereby ]Oln in and consent to the foregoing Declaration of Conditions, Covenants, Easements and Restrictions for Davenport Glen and agrees that the lien of the Loan Documents shall be subject to the provisions of said Declaration of Conditions, Covenants, Easements and Restrictions for Davenport Glen: provided, however, that nothing herein shall be deemed to constitute a waiver of any rights reserved or granted to the undersigned (or similarly situated parties) in said Declaration of Conditions, Covenants, Easements and Restrictions for Davenport Glen. Signed, sealed and delivered in the presence of: HOMEFED BANK, Federal Savings Bank, f/k/a HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, a federally chartered savings savings and loan association Name -, e R. Monzon (Print) ~ 7J?KYI ~ ~nle~'LlsA RUSTIN (Print Name) Ti tIe: Loan Officer ~D.~ Name: Sherrie D. Schott (Print) Address: 707 Broadway Sui te 1600, ~ San DiegQJ~CA:g~lOl \ ,,- , ", ( , ~ (CORPORATE SEAL) ,.' , ' ~ ... ..., . '. ' " . '. ,l. '" . '_' \ - 36 - "" ~ ~ . 1 . . e .. .^ OFFICIAL RECORDS BOO/( rAGE 2 '.J 0 3 0546 SEf1/NOLE co. Fl. STATE OF ('~~ hrcff"\ 'A COUNTY OF "5c.-." \). e~b The foregoing instrument was acknowledged before me, this 6...\.h.. day of ma.(c...~ , 1992, by L) 54 v<. '^-5~,,, , as 1\v...~O('.l...~ S"~(\Qf of HOMEFED BANK, Federal Savings Bank, f/k/a Home Federal Savings and Loan Association, a federally chartered state savings and loan association, on behalf of HOMEFED BANK. He/she is personally known to me and did not take an oath. r ....- ~ // )1/ { t. ..~..~.:.. ~ b -S~ Name: Sherne 1) 'S.c..h~++ (Print) Notary pub:J,.,.ic. State of ~tl~(f'\'\~ My Commission Expires: ft:l-~(,,-~3 j t" ~".~ I '. S'W~ ".P.:j"0TT . "" ," ", 'll(~ r; ,:u.,,^ ) "':~.:, ,'r:',L ;." " _;.1' 1,1:::':" ( ~l,C(,ll"1l' '. . [,.;) ;,.' '~lnJ ". . ~ -".<-~~.' ~ 56-g015bbc/YYB 37 (Rev. 01/30/92) ~. . \~ '~ Prepared By..aAEI Return To: James Mancuso, Esq. 615 Fox Hunt Circle Longwood, Florida 32750 rP o .j1 ~ ~ ('(' ~f~ri <!:. \J'l r<' ..... fJ? ~ -< ! ~JYc:!~ ~ "2. VI ~ ,..- 0- a. J ~\I' fla--<d. ~ ~lJJ~ ") "r'...3 .z " ~cC 3- fU~ .:i~ a J, 'll C:1. -. . MARYANNE HORS~ .,_ CLERK OF CIRCUIT CUck, I 5t.MIl'iULt. l"uvn p. I ,":, RECORDED (~ VERIFIE\ 95 fiPR I 8 Pr1 \: 35 . 694595 N (/)....0 rTlO ~(Jl ::z:. o r ('Tl SUPPLEMENT NO.1 TO DECLARATION OF COVENANTS, CONDITIONS ~D ~ RESTRICTIONS OF CHESTNUT ESTATES ;!. U) . CJ" THIS SUPPLEMENT NO.1 TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CHESTNUT ESTATES is made as of this 20th day of March, 1995, by PUL TE HOME CORPORATION, a Michigan corporation authorized to transact business in Florida (hereinafter referred to as the "Declarant"). coC 0"'- 0-'" AC ... r - ~ r ( "'Uc ~: C)( m( PREAMBLE A. The Declarant owns real property located in the City of Winter Springs, Seminole County, Florida (the "Property"), which has been made subject to the Declaration of Covenants, Conditions and Restrictions for Chestnut Estates (the "Declaration"). The Declaration is dated November 30, 1994 and was recorded December 14, 1994, in Official Records Book 2859, Pages 288 through 315 Public Records of Seminole County, Florida. B. The Declarant owns real property located in Seminole County, Florida described as Chestnut Estates Phase Two, according to the plat thereof, recorded in Plat Book 48 , Page ~~.'72, Public Records of Seminole County, Florida, (the "Undeveloped Parcel"). C. Pursuant to Article IV, Section 3 of the Declaration, the Declarant may commit the Undeveloped Parcel to the Covenants contained in the Declaration by making a recitation to that effect in a Supplement. The purpose of this Supplement is to commit the Undeveloped Parcel to the terms, covenants, conditions, easements and restrictions contained in the Declaration. NOW, THEREFORE, the Declarant hereby declares that the Undeveloped Parcel shall become and be considered hereafter Property as defined in the Declaration. The Undeveloped Parcel shall be held, sold, conveyed, leased, mortgaged and otherwise dealt with subject to the terms, easements, covenants, conditions, restrictions, reservations, liens and charges as set forth in the Declaration, as if such terms, easements, covenants, conditions, restrictions, reservations, liens and charges, were fully set forth in this Supplement. The terms and conditions of the Declaration will be binding on all persons having or acquiring any right, title or interest in the Undeveloped Parcel. 1 r .4' e . --..".",...- .f"\I'tdTV ~.., The Declarant conveyed the following described property to the Chestnut Estates Homeowners Association, Inc. at the time Declarant recorded the Chestnut Estates Phase Two plat. Tracts G, H, I and J of Chestnut Estates PI:1~se Two according to the Plat thereof, as recorded in Plat Book 4-~ Page ~~'7ipublic Records of Seminole County, Florida. IN WITNESS WHEREOF, Declarant has executed this Supplement to Declaration the day and year first above written. Signed, sealed, and delivered in the presence of: PUL TE HOME CORPORATION, a Michigan corpor . n authorized to transact business in the at f Florida By: ~ Print ame: Its: Attorney-in-Fact 555 Winderley Place, Suite 420 Maitland, Florida 32751 N en \.0 I'T1 <=> 3:01 :z: o r- fT1 (") C) . "Tl r- . mo 0.." 0.." ;:::;(3 ~~ Itness ~~-I AI ~. {;:. (- L!f1 e...X-j ~ Wit~ /ltIf4vt-- fto t,~ Print Name o -.I CA> -.I > r- :::0 l"l1 ..(") .~ C')CJ 1Tt.(I) STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this 20th day of March 1995, by James Cooper, as Attorney-in-Fact of Pulte Home Corporation, a Michigan corporation authorized to transact business i~e State of Florida. He is personally known to me and did not take an oath. ~ ~':Q c:.~ Si~ature of Notary Public ..F~.. OFFICIAL SEAL ~~CQ. ~. ~ \...'-c::.'-..Q 1_ ' JANICE C. KOELBLE . : My Commission Expires Print name of Notary Public \ : July 16, 1.996 .. Notary Public State of Florida -....~~~.. Comm. No. CC 25~313 My Commission Expires: "~\.~_c...\.J) 2