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HomeMy WebLinkAboutDoug Units 1 & 2 s-.' \\, ~ ~~ q ~ ~ 'Q ~~ ~.~~ ~ ~ \ . , ".... ........,. N"FIC!,\l RECOR[iS BOOK r~ ,..."I' 1620 1742 SEMINOLE CO. FL. 17 ,., 'r.~. / r' :: \. '-'-~ ~.~ co . , ~. ,. , . :""!: .-- .0 DECLARATION OF co -.~ ; l : . ;-. ,-., .~: .boo MAINTENANCE COVENANTS <.0 c: CO FOR . '~..:, .j . ~ ;<' , .n:'" \'" ::; :_:':1 ;:;; ..... 0 --"J :.;:: DOUG UNITS I & II .. co t.r1 YHIS DECLARATION is made this day of ,11 t\ ~ C H , 19~(, by JOSEPH L. ABRAMS, the owner of all of the real property de"B"Cribed in Exhibit "A-l", hereinafter called DOUG UNITS I & II. ARTICLE I Definitions The following words, when used in this Declaration (unless the context shall prohibit), shall have the following meanings: (a) "Association" shall mean and refer to DOUG UNITS I & .II Association, Inc., a Florida corporation not for profit, the Charter and By-Laws of which are attached hereto and made a part hereof as Exhibits Band C. This is the Declaration of Maintenance Covenants for DOUG UNITS I & II to which the Articles of Incorporation and By-Laws of the Association make reference. (b) "ABRAM~"' s1\~ll mean and refer to JOSEPH L. ABRAMS, his successors and assigns. (c) "Developer (s)" shall be construed in the singular and plural, as is necessary, and shall mean and refer to persons or entities acquiring title of JOSEPH L. ABRAMS or any portion thereof, who thereafter commence construction of improvements on the property. (d) "DOUG UNITS, I & II" shall mean and refer to the real property described in Exhibit "A-1 II attached hereto. (e) "Quadraplex" shall mean a four-unit facility consisting of four separate living units. (f) "Lot or Parcel" shall mean any vacant lot or parcel of DOUG UNITS I & II upon which a quadraplex can be constructed. (g) "Owner" shall mean and refer ta the record fee simple title holder, whether one or more persons or entities, of a Lot or Parcel or any condominium dwelling unit constructed on a Lot or Parcel. . (h) "Common Area II shall mean and refer to all the real property in-DOUG UNITS I & II owned by t~e Association for the common use and benefit of Owners. ,. - , . ~ 1, c o BOO~fICi~l p.E~aF.~~G~ 1620 17~3 ..~ SEMINOLE CO. FL. (i) "Property OWners Association" shall mean and refer to a Florida corporation, not for profit, which may be formed for the purposes of making available to the Owners of Lots or Parcels, certain recreational facilities and Common Areas not common to any condominium association or other association and to provide for maintenance of same in accordance with the requirements of this Declaration. (j) "Master Plan" shall mean and refer to that certain land use plan for DOUG UNITS I & lIon file with 5t:",t,I/~DLC County, Florida, pursuant to its Subdivision. (k) "Dwelling Unit" shall mean and refer to any quadraplex constructed in DOUG UNITS I & II. .. ARTICLE II Property Subject to this Declaration Section 1. LEGAL DESCRIPTION. The real property which is and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration is located in the City of Winter Springs, Seminole County, Florida, is legally described on Exhibit "A-I", attached hereto, all of which real property shall hereinafter be referred to as "Doug Units I & II". Said property is subject to the Plan for Development of Doug Units I & lIon file with SeM'~ OLE County, Florida, pursuant to its Subdivision Ordinanc~s. ARTICLE III Property Rights Section 1. TITLE TO COMMON AREA. The improvement of Doug Units I & II shall be in accordance with the Subdivision Plan. Section 2. OWNER'S EASEMENTS OF ENJOYMENT. Every owner shall have a right and easement of use and/or enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to every Lot, Parcel, and Dwelling Unit subject to the following: (a) the right of the Association (in accordance with its Articles and By-Laws), to borrow money for the purpose of improving the Common Areas and in aid thereof to mortgage said properties: (b) the right of the Association to take such steps as are reasonably necessary to protect the Common Areas against foreclosure: .(c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility: " l " . . ':' . ~ . " . c ..~ fiFflCj~l RECORDS ~O,~ PAGE , 620 1744 ~ SEMINGLE co. Fl. (d) all provisions of thia Declaration, and Subdivision p1at(s) of all or any part of the property in Doug Units I & II and the Articles and By-Laws of the Association; (e) rules and regulations governing the use and enjoyment of the Common Area adopted by the Association; (f) restrictions contained on any and all plats of all or any part of the Common Area of filed sparate1y but in conjunction with such platting. ARTICLE IV Maintenance Association ABRAMS ,:sha11 cause to be incorporated pursuant to Florida Statutes, a corporation not for profit to be known as DOUG UNITS I & II MAINTENANCE ASSOCIATION, INC., in accordance with the Articles of Incorporation of which a copy is annexed hereto as Exhibit B and made a part hereof by reference. ARTICLE V Covenants for Maintenance Assessments Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF THE ASSESSMENTS. Abrams, for all of Doug Units I & II, hereby covenants, and eAch OWner of any Lot, Parcel or Dwelling Unit (by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance) including any purchaser at a judicial sale, shall hereafter be deemed to covenant and agree to pay to the Association: (1) any annual assessments or charges, (2) any special assessments for capital improvements or major repair, and (3) exterior maintenance assessment (as set forth hereafter); such assessments to be fixed, established, and collected from time to time as hereinafter provided. All such assessments, together with interest thereon from due date at the rate of 18% per annum and costs of collection thereof including attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment. Section 2. PURPOSE OF ASSESSMENTS. The assessments levied by the Association shall be used exc1usi~e1y for the purpose of promoting the recreation, health, safety, and welfare of the residents in Doug Units I & II and in particular for the improvement and maintenance of the Common Areas, including, but not limited to: the cost of taxes; insurance; labor; equipment; materials; management; maintenance; cutting and mowing grass, trimming of ~hrubs and trees; keeping drainage areas and ponds maintained; maintaining recreation areas and facilities (including .. ... . .,-:. . ':' " c OFflCI!.L p'rl'"pr,... . o BOOK '-"~"pj,GE 1620 1745 SEM1HCLE co. fL. '''I fencing): maintaining street lighting: and supervision of the foregoing as well as for such other purposes as are permissible activities of the Association and undertaken by it. section 3. ANNUAL ASSESSMENTS. The annual assessment, including funds for special improvement projects, and for capital improvements, shall be determined on a yearly basis by the Board of Directors of the Association. The assessments shall be payable annually, in advance, in accordance with the projected financial needs of the Association. Section 4. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS: DUE DATES. The annual assessments provided for herein shall commence on the date (which shall be the first day of a month) fixed by the Board of Dirctors of the Association to be the date of commencement. The annual assessments shall be payable in advance, and may be in periodic installments if so determined by said Board. The due date of any special assessment or exterior maintenance assessment thereof shall be fixed in the resolution authorizing such assessment. Section 5. 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, Parcel or Condominium Dwel~ing Unit for each assessment period at least thirty (30) days. in ~dvance/of such date or period and shall, at the time, prepare a roster of the properties and assessments applicable thereto which shall be kept in the office of the Association a~d shall be open to inspection by any Owner. Written notice of the assessment shall be sent to every Owner subject thereto not later than seven (7) days after fixing the date of commencement thereof. The Association shall upon demand at any time furnish to any Owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessmment therein stated to have been paid. Section 6. EFFECT OF NON-PAYMENT OF ASSESSMENT: THE LIEN, REMEDIES OF ASSOCIATION. If the assessments are not paid on the date when due, such assessment shall .then become delinquent and shall, together with such interest thereon and cost of collection thereof thereupon become a continuing lien on the property which shall bind such property in the hands of the then Owner, his heirs, devi~ees, personal representatives, and assigns. , If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of ten percent (10%) per annum, \ " .- .. . . ... c ~ Orfl"'IL D,I"r)"P" . ... .Ll"'1 r.L.oJo.J!\;':\) .'. COOK PAGE 1620 17~6 'l SEMINOLE CO. FL. and the Association may bring an action to foreclose the lien against the property, in like manner as a foreclosure of a mortgage on real property, and there shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and a reasonable attorney's fee to be fixed by the court together ,with the costs of the action. Section 7. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of the assessments provided for herein shall be subordinate to the lien of any bona fide mortgage or mortgages to a recognized lending institution (except from buyer to seller of a lot or parcel) now or hereafter placed upon the Lot or Parcel subject to assessment: provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such Lot or Parcel pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. No sale or transfer shall relieve any Lot or Parcel from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. Section 8. EXEMPT PROPERTY. The following property subject to this Declaration shall be exempted from the assessments, charge and lien created herein: (a) all land in Doug Units I & II to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use: (b) all Common Area as defined in Article I hereof: (c) all properties ekempted fro~ ad valorem taxation by the laws of the State of Florida, to the extent agreed to by the Association. Notwithstanding any provisions herein, no land or improvements devoted to dwelling use shall be exempt from said assessments, charges, or liens. ARTICLE VI " Residential Restrictions Section 1. NUISANCES: Nothing shall be done on any Lot and Parcel which may be or may become an annoyance or nuisance to the neighborhood. In the event of any question as to what may be or may become a nuisance, such question shall be submitted to the Association for a decision in writing and its decision shall be final. No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain upon any Lot, or Parcel and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon: and in the event that the Owner shall fail,or refuse to keep the demised premises free of weeds, underbrush, or refuse piles or other unsightly growths or objects, then the Association may enter upon said premises and remove the same at the, expense of the Owner, and such entry shall not be deemed a trespass. , " :"', . .., .'. c o nf"FICiAl P.ECJRUS BOOK PAGE 1620 1747 r . SEMiNOLE CO. Fl. The use of any driveway or parking area which may be 1n front of, adjacent to or part of any Lot or Parcel as a habitual parking place for commercial vehicles is prohibited. The term "Commercial Vehicles" shall include all automobiles, trucks, and vehicular equipment including station wagons, which bear signs or shall have printed on the sides of same reference to any commercial undertaking or enterprise. Overnight parking or storage of trucks or commercial vehicles in excess of one-half ton rated capacity is prohibited. The habitual violation of the parking regulations set forth in this paragraph shall be deemed a violation of the use and nuisance restrictions of these Restrictions. Section 2. DRAINAGE. No changes in elevations of property subject to these Restrictions shall be made which will cause undue hardship to adjoining property with respect to natural runoff of rain. Section 3. MAINTENANCE OF PARKING AREAS. All setback areas, yards, walkways, driveways, and parking areas shall be maintained, repaired, and kept in a neat, clean, and repaired condition, free of refuse, debris and potholes. ARTICLE VII General provisions Section 1. DURATION. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of 'an~ be enjorceable by the Association, or the OWner of any land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns: provided, however, the same may be changed by the Association or any other property owners' association, or similar entity, which assumes the functions, duties, responsibilities, and powers of this Association. Section 2. NOTICES. 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 mailed, postpaid, to the last known address of the person who appears as Owner on the records of the Association at the time of such mailing. Section 3. ENFORCEMENT. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants: and failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. . Section 4. SEVERABILITY. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in .r, '. .~ ... ,. '.-.. o OFfJC1!.l RE~aR!l~ BOOK PAGE 1620 1748 SEMINOLE CO. FL. no wise affect any other provisions which shall remain in full force and effect. o Section 5. SUBDIVISION USE RESTRICTIONS. Subdivision use restrictions may be filed in connection with any plat of all or any part of Doug Units I & II provided same do not conflict with the provisions hereof. Section 6. EFFECTIVE DATE. This Declaration shall become effective upon recordation of this Declaration in the Public Records of 5 f-:.,{,I!NO <..fC. County, Florida. Section 7. These amendments may be amended by Abrams so long as he owns any property subject to said Restrictions and thereafter these Restrictions may be amended by the Association by a majority vote of its Board of Directors. IN WIT~ESS WHEREOF, J. L A IS 12-1\ ;\.1-S , has caused this instrument to be executed in its name and by its officers undersigned, the day and year first above written. ck;tt ;[ {lA/M~^:' I. . .. .- STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that this day, before me, an officer duly authorized to take acknowledgments, personally appeared ~i.:~~ ~'4~"'J" a"e. eJI4JN~Jf. ,Pre!lie.~l"lt ilRt'! ~atlre't.a...'y ~ Db 0 G <;. U J.,J ,'( ~ ct ~ , a Florida corporation, and they acknowledged before me that they executed the foregoing Declaration of Maintenance Covenants for QuA. t> t.- 0 ... J ~ in the name of and on behalf of said corporation: that as such officers they are duly authorized by said corporation to do so: and that the foregoing instrument is the act and deed of said corporation. afore:;~S~h~ ~~n~ ~:~ ~~fi");;~,.;:a~ in ~h~9 c't;~YJ~l~;,.~~~ ( My Cormnission Expires: fIOr.~STATIllFflOIlIDUTlNlGE r. .,~ DI'lRfS APIU. of. .7 , . . , .. ,.,........., ,\,\,"..... .... "'I, , ..' "o,J ,... "I ,'fa'~.. ......... ...; ,...;~ # c.... .... loI -'. . ~/- ~...:ii{1...c.L\ ,,' Notary Pu lic, Sta-t:e. ~fq F r-!:dci _ ~(!, J at Large ~....;... r.: -1 : i Ii / - . (") 0 co . '-.. ~,..'. -.J :_= . .""'l4." .,. ~, ($.. -..:- q .... .! '" '" -., ... A~.' '" I" ~t ........ ...'.~ '" S ~ r ..' .~ -, """'ftlt... ,..,.., ...... f " 'r ':';"~"" 4t.;; ~ ' c o BOO~FJC1~L RE~aR~~GE "i 1620 1749 SEMINOLE CO. FL. , . ARTICLES OF INCORPORATION OF DOUG UNITS....... I & II ASSOCIATION, INC. (a corporation not for profit) ARTICLE I NAME The name of this corporation shall be DOUG UNITS I & II ASSOCIATION, INC. (the "Association"). ARTICLE II PURPOSES The general nature, objects and purposes of the Association are: .:. "'I (a) To promote the health, safety and social welfare of the owners of property within that area described in Article IV hRreof, which area will be hereinaft~r re.ferred to as ~ ~ I !J I ~ . S ~ . 01'7(0 -f S, "k j \) r j,' , (b) ~o maintain and/o'; repair landscaping in the general recreation, drainage, and/or other common areas, parks, sidewalk. and/or access paths, streets, and other common areas, and to maintain and/or repair other improvements in DOUG UNITS I & II for which the obligation to maintain and repair has been delegated and accepted. .>, (c) To control the specifications, architecture, design, appearance, and elevation of (and landscaping in) all common areas, including fences, recreation facilities, drainage disposal, or other common structures constructed, placed or permitted to remain in DOUG UNITS I & II as well as any alteration, improvement, addition or change thereto. (d) To insure compliance with the site plan under the Ordinances of the City of Winter Springs, Florida, applicable to DOUG UNITS I & II. (e) To provide, purchase, acquire, replace, improve, maintain and/or repair such structures, landscaping, and equipment, both real and personal, related to the health, safety, and social, welfare of the members of the Association, as the Boa~d of Directors in its discretion determines necessary, appropriate, and/or convenient. . . . . c ~ (,rf'C' &1 P r "'~R['~ . -..JooK I I".. ......J PAGE .,~ 2 0 '.,. ";" ',' I 750 SEMINOLE CO. FL. (f) To operate without ~rofit for the sole and exclusive benefit of its members. ....... ARTICLE III GENERAL POWERS The general powers that the Association shall have are as follows I (a) To hold funds solely and exclusively for the benefit of the members for purposes set forth in these Articles of Incorporation. (b) To promulgate and enforce rules, regulations, by-laws, covenants, restrictions and agreements to effectuate the purposes for which the Association is organized. (c) To delegate power or powers where such is deemed in the interest of the Association. (d) To purchase, lease, hold, sell, mor~ag~ or otherwise acquire or dispose of, real or personal property; to enter into, make, perform or carry out contracts of every kind with any per.on, firm corporation or association: to do any and all acts necessary or expedient for carrying on any and all of the activities and pursuing any and all of the /objects and purposes set forth in the Articles of Incorporation and not forbidden by the laws of the State of Florida. (e) To fix assessments to be levied against property to defray expenses and costs of effectua~ing the objects and purposes of the Association and to create reasonable reserves for such expenditures, and to authorize its Board of Directors to enter into agreements with condominium associations or other property owners' groups for the collection of such assessments. (f) To charge recipients for services rendered by the .Association and the user for use of Association property where such is deemed appropriate by the Board of Directors of the Association. (g) To pay taxes and other charges, if any, on or against property owned or accepted by the Association. (h) To borrow money and, from time to time, to make, accept, endorse, execute and issue debentures, promissory notes or other obligations of the Association for monies borrowed or in payment for property acquired or for any of the other purpose, of the Association and to secure the payment of such obligation by mortgage, pledge, or other instrument of trust, or by lien upon, assignment of or agreement in regard to all or any part of the property rights or privileges of the Association wherever situated. :~-N~> .. " c IJHIW,L hL~U:(u~ BO::; PAGE 1620 1751 SEMINOLE CO. FL. (i) To transfer to a Property Own'ers Association, or to one or more condominium a..ociation., such of its duties, pawer. and obligations as may be necessary or desirable. (j') In general, to have all powers conferred upon a corporation by the laws of the State of Florida, except as prohibited herein. ARTICLE IV MEMBERS (a) The members shall consist of the property owners in DOUG UNITS I & II, the property comprising :Dv~ p L l:) 'TO S being described in section (b) of this Article, and all such property owners shall be members of the Association, as follows: MEMBERS. Members shall be all owners of Lots or Parcels in DOUG UNITS I & II including all owners of quadraplex units in DOUG UNITS I & II. Owners of Lots or Parcels in DOUG UNITS I & II shall represent themselves in person or by proxy. OWners of quadraplex units or Lots or Parcels in DOUG UNITS I & II shall represent themselves in person or by proxy. OWners of quadraplex units or Lots or Parcels in DOUG UNITS I & II shall automatically become members upon acquisition of fee simple title to such condominiu~ dwelling unit or Lot or Parcel. ('!'; / (b) DOUG'UNITS I & II consists of a certain tract of land described in Exhibit "A-l" annexed hereto. ARTICLE V VOTING AND ASSESSMENTS (a) Subject to the restrictions and limitations hereinafter set forth, each member shall have a minimum of one vote. However, Class A members owning lots, parcels, or quadraplex units, shall have a vote for each lot, parcel, or quadraplex such member owns. Any lot, parcel, or quadraplex unit in multiple ownership shall, notwithstanding such multiple ownership, only be entitled to the same vote or votes as if singly held. (b) The Association will obtain funds with which to operate by assessment of its members in accordance with provisions of the Declaration of Covenants and Restrict~ons for DOUG UNITS I & II, as supplemented by the provisions of ,the By-Laws of the Association relating thereto. .; '- ~ J'l. , . . '..: , ' OfF!W,i. tr"O;;lJ"'" BOOK . ~ ,.~.. ~.\ 'J . PAGE I 6 2 0 I '7'5 '2 . SEMINOLE CO. fL. c ,'-'. ....." A~TICLE VI BOARD OF DIRECTORS (a) The affairs of 'the Association shall be managed by a Board of Directors consisting of not less than and not more than nine (9) Directors. The Directors may, but need not be, members of the Association and need not be residents of the State of Florida. Elections shall be by plurality vote. At the first annu~l election to the Board of Directors, the term of office of the elected Directors shall be as follows I The three Directors receiving the highest plurality vote shall serve for a term of two (2) years and the term of office of the other elect'ed Directors shall be established for a term of one (1) year. Thereafter, as many Directors shall be elected and appointed, as the case may be, as there are regular terms of office of Directors expiring at such time, and the term of the Directors so elected or appointed at each annual election shall be for two (2) years expiring at the second annual election following their election and thereafter until their successors are duly elected and qualified, or until removed from office with or without cause by the affirmative vote of a vote of a majority of the members. -:. . If.. (b) The names and addresses of the members ~f the first board of directors who shall hold office until the annual meeting of the members to be held in the year 19 H", and until their successors are elected or appointed and have qualified, are as follows I J () s ~ P 1-+ NAME L A fSRA/I-'t ~ ADDRESS { 0 "3 0 14 d I-J r, LJ G TO....J C 1- ~ -1. 7 ra LO/v0 (~oot,_ Fc.....4 ARTICLE VII OFFICERS (a) The officers of the Association shall be a President, a Vice President, a Secretary and a Treasurer, and such other r- '-' (!Ff:CI,~l P.["IlRrt'~ .,"""" BOOI<. oV 'PAGE . ~ ,I 6 2 0 I 7 5 3L: SEMINOLE CO. Fl. J '.., officers as the Board may from time to time by resolution create. Any two or more offices may be held by the same person except . the office of President and Secretary. Officers shall be e~ected for one (1) year terms iq accordance with the procedure set forth in the By-Laws. ....... (b) The names of the offIcers who are to manage the affairs of the Association until the annual meeting of the Board of Directors to be held in the year 1985 and until their successors are duly elected and qualified are: PRESIDENT k EM Iv1 A P- T f ..J J o5'E P 1-4 A g R-AMS VICE PRESIDENT SECRETARY TREASURER ARTICLE VIII CORPORATE EXISTENCE .!. .", The Association shall have perpetual existence. ARTICLE IX BY-LAWS The Board of Directors shall adopt By-Laws consistent with these Articles. ARTICLE X " AMENDMENT TO ARTICLES OF INCORPORATION These Articles may be altered, amended or repealed by resolution of the Board of Directors. No amendment affecting DOUG UNITS I & II (as the same is defined ~n the Declaration of Maintenance) shall be effective without the prior written consent of said corporation, or its successors or assigns. ARTICLE XI SUBSCRIBERS The names and addresses of the subscribers are as follows: '\ c ,~ OfflCIAL P.ESGRU$ ~OOK PAGE 1620 1754 NAME ADDRESS SEMINOLE CO. Fl. ARTICLE XII INDEMNIFICATION OF OFFICERS AND DIRECTORS (a) The Association hereby indemnifies any Director or officer made a party or threatened to be made a party to any threatened, pending or completed action, suit or proceedings " (1) Whether civil, criminal, administrative, or investigative, other than one by or in the right of the Association to procure a judgment in its favor, brought to impose a liability or penalty on such person for an act alleged to have been committed by such person in his capacity as Director or officer of the Association, or in his capacity as Director, officer, employee or agent of any other corporatIon, partnership, joint venture, trust or other enterprise which he served at the request of the Association, against judgments, fines, amounts paid in settlement and reasonable expenses, including attorneys' fees, actually and necessarily incurred as a result of such action, suit or proceedidg.o>>;any belief that such action was in the best interests of the Association, and in criminal actions or proceedings, without reasonable ground for belief that such action was unlawful. The termination of any such action, suit or proceeding by 'judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent shall not in itself create a presumption that any such Director or officer did not act in good faith in the reasonable belief that such action was in the best interests of the Association or that he had reasonable grounds for belief that such action was unlawful. (2) By or in the right of the Association to procure a judgment in its favor by reason of his being or having been a Director or officer of the Association, or 'by reason of his being or having been a Director, officer, employee or agent of any other corporation, partnership, joint venture, trust or other enterprise which he served at the request of the Association, against the reasonable expenses, including attorneys' fees, actually and necessarily incurred by him, in connection with the defense or settlement of such action, or:Ln connection with an appeal therein, if such person acted in goOd faith in the reasonable belief that such action was in the best interests of the Association. Such person shall not be entitled to indemnification in relation to matters as to which such person has been adjudged to have been guilty of negligence or misconduct " " '~,.,'. .1'. . .. . ... ~ '-" o cmW,l RESORO:; BOOK PAGE 1620 1755 in the performance of his duty. to the Association un~M"O~. FL. only to the extent that the court, administrative agency, or investigative 'body before which such action, suit or proceeding is held shall determine upon application that, despite the adjudication of liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnification for such expenses which such tribunal shall deem proper. (b) The Board of Directors shall determine whether amounts for which a Director or officer seeks indemnification were properly incurred and whether such Director or officer acted in good faith and in a manner he reasonably believed to be in the best interests of the Association, and whether, with respect to any criminal action or proceeding, he had no reasonable ground for belief that such action was unlawful. Such determination shall be made by the Board of Directors by a majority vote of a quorum consisting of Directors.who were'not parties to such action, suit or proceeding. .' (c) The foregoing rights of indemnification shall not be deemed to limit in any way the powers of the Association to indemnify u~der applicable law. .' ARTICLE XIII TRANSACTION IN WHICH DIRECTORS OR OFFICERS ARE INTERESTED '.: '" .'" (a) No contract'or transaction between the Association and one or more of its Directors or officers, or between the Association and any other corporation, partnership, association, or other organ'ization in which one or more of its Directors or officers are Directors or officers, or have a financial interst, shall be invalid, void or voidable solely for this reason, or solely because the Director or officer is present at or participates in the meeting of the Board or committee thereof which authorized the contract or transaction, or solely because his or their votes are counted for such purpose. No Director or officer of the Association shall incur liability by reason of the fact that he is or: may be interested in any such contract of transact ion. (b) Interested Directors may be counted indetermining the presence of a quorum at a meeting of the Board of Directors or of a committee which authorized the contract ot transaction. ARTICLE XlV........ DISSOLUTION OF THE ASSOCIATION .(a) Upon dissolution of the Association, all of its assets remaining after provision for creditors and payment of all cost " "!I,'A! . .."... " .~ .. ..-.. OFFiCIAL P.E~ORUS "-'aOOK PAGE 1620 1756 and expenses of such dissolution shall be distributESEMMtLtar FL. following manner: c (1) Dedication to any applicable municipal or other governmental authority of any property determined by the Board of Directors of the Association to be appropriate for such dedication and which the authority is willing to accept. (2) Remaining assets shall be distributed to the Property Owners Association, according to the percentage vested interest of the respective membership of each of such associations for the benefit of the members, subject to the limitation set forth below, each member's share of the assets to be determined by multiplying such remaining assets by a fraction, the numerator of which is all amounts assessed by the Association since its organization against the property which is owned by the member at the time, and the denominator of which is the total amount (excluding penalties and interest) assessed by the Association against all properties which at the time of dissolution are part of DOUG UNITS I & II. The year of dissolution shall count as a whole year for purposes of the preceding fractions. (b) The Association may be dissolved upon a resolution to that effect'being approved by two-thirds (2/3) of the members of the Board of Directors, and, if such decree" be necessary at the time of dissolution, after receipt of an appropriate decree as set forth in Plorida Statutes. In the event of incorporation by annexation or otherwise of all or part of DOUG UNITS I . II by a political subdivision of the State of Plorida, the Association may be dissolved ~R t~e manner set forth above. ..' I ARTICLE XV DESIGNATION OP RESIDENT AGENT In accordance with Florida Statutes, Jo~-eph! L A ~.t:" L1J i. hereby designated as the Resident Agent for service of process within the State of Florida, at .:,:.. Jh. ~~"~ \.> · ~-fD", ~ --...J tI!"'J !L, "'" . I""" _1.4 , _ ,""'1'dJ . '1'.". (SEAL) ~ 1J't.J .,. I '-.) 6 '{ a ..., Ct 1~?:>oQ Lot..J (;()Jo~t? ;' F<--A 1,1.. 7 j ~ (SEAL) ck!.~/1'/.. c?f aI~~ - (J.... , ~<4-- - ,; ,;1; of ,. . . " "\ . ; " ,..., '-"" ~ OFFlClf.l RECORDS BOOK PAGE . . 1620 175 7 .. SEMINOLE CO. FL. STATE OF r4.D~/iJl'J COUNTY OF .J',EMI*"41." I HEREBY CERTIFY that on the Is,- day of /J?ALt:.# .19~, before me, the undersigned quthority, personally appeared , to me known to be the persons who executed the foregoing Articles of Incorporation, and acknowledged the execution of such i~aL~~ent forr the uses and purposes therein expressed.' ....:; u v -, //'.,.. , .> ......... .... .... WITNESS my hand and official seal at WIAJTE, iAt"Af'~":;>~ S E ""1""';14. , , said County and State the date r~re"4~: 0' :; ~J = : t"" ~ -{ Ot .'':;/ : = ~ (..... ". "'J. 0 ".. .. ~ . v' ,.,... .M. L ---: -. ~ \,,:v...:..........~.~'.............. ~~ ~ to. '~.i"'~ .....' NOTAR~ P~BLIC' .,.:?~:'...1ii'., My commission expires. ":=~ATE OF nORmA AT I.ARO! EXPIREs APRIL'" J987 .!i,." . '~~, ,-;. I; .. ." " ACCEPTANCE I, J < L A ~ J2A,..{,.t f , hereby accept the 4..ignation a. Re.ident Agent for service of process upon I) 0 \J c: U,...J, ~ ( t' rr , a corporation not for profit, within the State 0 Flor da, in accordance with Section 48.091, 1984 Plorida Statutes. I day of /1i...a...... , 198.!: ck-r4:(; / (l~LA"-' (/ Dated this ........ THIS INSTRUMENT PREPARED BY: NAME ~~f2,..:Q. ~ ADDR. ~ '5 (Y\~ ~- .~~.r-~l~3.2(ll ~~A~' . ", tIifI". '" . '" ~ ",,..,/ .. .r tJ ~. ~ ~ l ... i" I/l: .1, L 1,., L.. '--' i , I '.' I ,~ f' , DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK IS IN PAVMENT OF ITEMS DESCRIBED BELOW. IF NOT CORRECT PLEASE NOTIFY US PROMPTL.Y, NO RECEIPT DESIRED. CITY OF WINTER SPRINGS. GENERAL FUND DATE DESCRIPTION AMOUNT 3-5-85 Recording Declaration of Maintenance Units I & II 65..00 12-49.5 1!5., QC) ll') ao o N \ ~ """""""'-", OFFICIAL RfCORIJS BOOK, . ....,' PAGE I 6 3 9 . 0 3 6.9 SEMINOLE CO. FL. AMMENDMENT J This instrument will serve to ammend that certain D.C.C.R. reco~E. ~~'\I~t) March 8th 1985 in O. R. Book 1620, Page 1742 Public Records Seminb\ ',- ~. County FL. We the undersigned property owners of Doug,s Unit1&2 do hereby agree to secede and less out the following described property from the MAY 2 0 l~BS above mentioned D.C.C.R. The below described property shall remain' in the C-1 zoning category. Said property is further described as follows, to-wit m~ Of Winter S(.f.J\~ DOUG,S UNIT 2 OUT PARCEL DESCRIPTION. A,. Portion of D. R. Mifuilda. Dep~. Survey of the Levy Grant, Plat Book 1 Page 5, of the P~lic Records of Seminole County, Florida: More Particularly Described ~ as Follows: Commence at the Intersection of the East Right-of-Way ~ Line of Moss Road and the Centerline of Longwood- Oviedo Road as ~ shown on the Plat of North, Plat Book 12, Pages 10 and 11, Public -:'Records of Seminole County, Florida: Thence N06 5513311W along said C) East Right-of-Way Line of Moss Road A Distance 532.84 feet to the :? Point of Curvature (PC) of a Curve Concave Easterly and having for its Principle Elements, A Radius of 676.78feet and a Central ~ ang I e of 32 0214511; Run Thence Northerly a long the Arc of sa i d Curve ~378.53 feet to the Point of Tangency Thereof: Run thence N25 0711211::: ~A Distance of 124.00 feet to the point Beginning: Thence Continue N25 0711211E A Distance of 200.00 feet: Run Thence S62 571 4611E a Distance of 200.00 feet: Run Thence S27 021 1411W a Distance of 168.76 feet: Run Thence N72 061 3411W a distance of 195.80 feet to the Point Beginning. Containing 0.83 Acres CI j .....J !!! c... ... ::>. ti e;. ~ ~. ~ o . """ ~~.;:t:: C> . " u ...~ ... 0'" c ~::JfJ('i~ ~~(iJ d~{r bf~/()~~~ Ke~.~~~ ~;~:~r~ '------.-E. Lee Muni;zl . ~'\ State of Florida County of Seminole ,\\,"1""""" "...."1,v.u~ T "," .....,.. .......... I" ""I~..' ..J'. '. ..; ... ^-, " ~ :"" : ..,- '.-:. I HREBY CERTIFY that on this day, before me, an officer duly autha~ied~ _ ..~ \ tl~ -t the State aforesaid and un the County aforesaid to ~ake acknowledg~~~,.,. &'" l i?~ personally appeared, Joseph L. Abrams, Kenneth MartIn, and E. Lee~~lljhi ~v /:1.:- to be the persons described in and who executed the forgoing instrfJJP.em..lJld ......<<4...,:- they acknowledged before me that they executed the same. I...., ....~\ ~.,~~' WITNEs~m'yjland an~ official seal in the County and State last aforesa'l'dl~,rt~"" ,\ thiS~-1 '<ray of /1($1'- 1985. Thir inr+~~nn+ n~nn~~nrl hu'