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Declaration of Restrictive Covenants
For
EXCELSIOR BUSINESS PARK
Winter Springs, Florida
E. Lee Munizzi and Salvatore B. Munizzi, fee c,',.mers clf the
following described real property in Winter Springs, Florida:
SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION
Hereby make the following Declaration of Restrictive
Covenants as to the limitations, restrictions, and uses to
which the lots and associated land, lakes and roadways that
cc,mprise the EXCELSIOF.: BUSINESS PARK ("The Park") may be put.
The covenants declared herein shall attach to and run with
the land described above and shall inure to the benefit of
and be binding on all who have an interest in the land
whether they be initial owners, subsequent purchasers,
lessees, licensees, occupants" lienors, their transfers,
successors or assigns.
The purpose of these covenants is to assure reasonable
development and application of the property as a whole, to
protect each property owner against unreasonable usage or
development of adjacent and surrounding lands, to prevent the
construction of undesirable structures within The Park, to
provide for the operation and maintenance of common amenities
and facilities and to provide for architecturally and
aesthetically pleasing development of The Park in accordance
with a general plan.
1. pEFINITIQt':lB
Unless otherwise specified in these Restrictive
Covenants, each term defined in this article shall
have the meaning specifically set forth herein:
A.
The Park:
EXCELSIOR
The tel"m "The Park" shc.:dl
BUSINESS PARK aaQescribed
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and recorded in
B. Initial O~.IJgrs.L The term "Initial Owners"
shall mean E. Lee Munizzi and Salvatore B.
Munizzi.
c. f~est Y' i c t i ve Covenant s: The term "Pest r i c t i ve
Covenants" shall mean all cc.venants,
restrictions and easements as set forth in
this Declaration and as they may be amended
or supplemented, from time to time.
D. Pr..9.I2...f?r.ty_.Q.\if.1erL The term "Prc.perty Owner"
shall mean the legal or beneficial holder of
the fee simple ownership to any of the lots
situated within The Park. The term "Property
Owner" shall in.:lude anyc.ne claiming
ownership through or from such fee or
beneficial owner whether whole or In part.
E. t-ot:.. The term "Lot" shall mean any
subdivided portion of The Park as shown upon
the recorded subdivision plat or upon any
subsequently recorded plat of The Park.
F. .folJl..!:!.g-.E~~9..!:l.lat.ions: The term "Zoning
Pegulations" shall mean the zc.ning
regulations and ordinances of the City of
Winter Springs, Florida as amended from time
to time.
2. EX CEL$ I OR BUS) NESS Pf:4F~K PF~OF'ERTY OWNEF.:~ ASSOC I AT I ON, I NC.
Concurrently with the adoption of and recording of these
Restrictive Covenants, a non-profit corporation entitled
the Excelsior Business Park Property Owners Association,
In.:. ("Assc,,:iatic.n") shall be formed.
The lake and Surface Water Management System and related
facilities ("The System"), shall be transferred to the
Association upon its formation. The Association shall
be responsible for the maintenance and operation,
repairs, renewal of permits from appropriate Governmental
Agencies and ~odifications thereof, and any other duties
necessary for the operation of The System for the benefit
of the Property Owners of The Park.
All of the rights, covenants and responsibilities of
administering and enforcing these Restrictive Covenants
shall become those of the Association upon its formation.
Each Property Owner shall become a member of the
Association upon the recording of a de@d, .01' c.ther
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instrument, vesting title in such Property Owner. The By-
Laws of such Association shall provide that each owner of
a Lot in The Park shall be entitled to one (1) vote for
each Lot owned in all elections and such other matters as
may come before the Association. Membership in this
Association shall be mandatory and no more than one (1)
vote will be allowed for each Lot regardless of how many
individuals or entities have an interest in said Lot(s).
The By-Laws of such Association shall provide for the
assessment of a reasonable initial fee, annual membership
fee, and special assessments to provide the Association
with the needed funds to carry out the provisions of these
Restrictive Covenants. Any assessment remaining unpaid for
thirty (30)days shall become a lien or such member's lot
and may be enforced in accordance with Florida Lien Laws.
3. Cm~_ENANT FOR MA I NT~NA~CE ASSESSMsNT
Each owner agrees to become a member of the Association
and to maintain his membership in good standing and be
guided by the Rules and Regulations of the Association so
long as he owns a lot in the Park.
The annual and special assessments by the Association
shall be used exclusively for the purposes of improvement
and maintenance of the Park and any easement in favor of
the Association including but not limited to, the cost of
taxes, insurance, labor, equipment, materials, management,
surface water management, maintenance and supervision
thereof, as well as for other such purposes as are
permissible activities.
Except as herein provided, the Board shall fix the initial
assessment and annual assessment in an amount determined
to be in accordance with the projected financial needs of
the Association. After the initial assessment, the annual
assessment may be increased each year by the percentage of
increase of the consumer price index for the previous
year, or up to 15% of the maximum authorized payment, for
the previous year, without regard to the consumer price
index, and without a vote of the Association. The fee may
be increased beyond the higher of either of these with the
approval of two-thirds vote of the owners.
Each owner, with the exception of the Initial Owners,
shall hereby covenant and agree to pay the Association any
annual assessment or charges and any special assessments
for capital improvements or repair as established, and to
be collected from time to time by the Association. All
such assessments, together with interest thereon, from the
due date at the highest rate allowed by law of Florida,
cost c. f colI ec t icon, i nc I ud ing r easonab I e at torney's fees,
shall be a charge on the land and shall be a continuing
lien upon the property against which each assessment is
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made shall also be the personal obligation of the owner.
4. s.~..I;!~Jl.I.L\{~ AND B.BCH_LTJ::.:!~r1J.B_A-,==-_I~~9_t1t1-1 TlJ~.E
Prior to seventy-five percent (75%) in number of the Lots
in The Park being sold, the Initial Owners shall have the
exclusive right to elect at least three (3) persons to
serve as members of the Executive and Architectural
Committee ("Committee"). Upon seventy-five percent (751.)
of the Lots in The Park being sold, the Association shall
have the right to elect two (2) persons to serve as
members of the Committee. The Committee shall serve as the
governing body of the Association and shall assume all of
the responsibilities given the Association according to
these Restrictive Covenants. It is the duty and
responsibility of the Committee to see that the
Restrictive Covenants requiring their decisions and
involvement contained herein are carried out. The elected
members will serve for one (1) year terms and may be
reelected. Members need not be owners of Lots in such
subdivision, but must, as a minimum, have been appointed
by a Property Owner to represent him in all matters
dealing with the Initial Owners, Committee, or
Assc,,: i at i c,n.
The initial mailing address of the Committee shall be
Excelsior Business Park, Winter Springs, Florida 32708.
This address may be changed from time to time.
5. J NTE(~F~ALLill'LW I T.!:-l WINTER SPIiINI~!3 ZON I NG F~EGULAT I gN!i
In such instances where a conflict exists between any of
these Restrictive Covenants and the Zoning Regulations of
Winter Springs, then Zoning Regulations shall prevail. In
instances where the interpretation and application of
these Restrictive Covenants would be more restrictive than
the Zoning Regulations, then these Restrictive Covenants
shall prevail.
E, . ~52.s.$_
The usage of all building sites and the operations to be
contained therein shall be subject to the prior written
approval of the Committee. Such utilization being limited
to ,:,ffice, cC1mmercial, distribution, servi':e, and light
industrial operations or any other application which is
consistent with commercial use as defined by the Zoning
Regulations. Such utilization shall be carried out
entirely within a building and related site so that it
does not produce a nuisance to any adjacent Lots,
including noise, vibration, emission of particulate
matter, odor, toxic or nontoxic fumes, pollution of water
and water management facilities or any other act which
could produce an unpleasant or adverse effect on adjacent
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7. !=I11.H-D_I N!-~3TF.:1JC:TUF.:~;;
No building or other structure shall be installed or
erected on any building site without the written consent
of the Committee. Prior to the construction or alteration
of any building or other structure two (2) complete sets
of building plans and specifications shall be submitted to
the Committee showing the location of the building or
other structures, patios, walls, fences, driveways or
parking areas, loading docks, signs, setbacks, and
building material to be used. One (1) set shall be
returned to the Property Owner with the approval or
disapproval endorsed thereon and the other shall be
retained by the Committee for its future use. Construction
of such approved structures must begin within one hundred
twenty (120) days of approval by the Committee and be
substantially complete within foul" hundred fifty (450)
days of such approval. F.:efusal of approval of plans and
specifications may be based on any reason, including
aesthetics, and is at the sole discretion of the
Committee. Decisions of the Committee are final and no
appeal procedures are thereby available. Failure of the
Committee to review and comment on such plans within
thirty (30) days of receipt shall be deemed to constitute
approval.
8. ,=_Ij_~.QSC:AP I NI:3_
The building plans and specifications must contain the
provision that fifteen percent (15%) of the total square
footage of each lot shall be used for landscaping. Upon
completion of any building, the lawn area shall be
completely seeded or sodded with Argentine Bahia, St.
Augustine, Floratam or such other grasses that are
commonly used in the Central Florida area, with the
intention that each building be surrounded by a green well
kept lawn. Each Property Owner shall provide a sufficient
sprinkler system to adequately water the landscaped area.
Effort shall be made to preserve as many of the existing
trees as possible in their natural location.
'3. 9.ETB{.!O::;p
All setbacks from adjacent property lines and rights-of-
way shall be in accordance with Zoning F.:egulations.
1 (>. E:AF.:J< I N(~.
No parking will be allowed in any street or any other
place other than approved parking spaces. One parking
space shall be provided for each two hundred fifty (250)
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square feet of building space. Each parking space shall
be of a size sufficient to accommodate a passenger-sized
automobile and all parking areas and driveways are to be
paved with a minimum of one and one-half (1 1/2") inch
asphaltic concrete s;urface coat on a 5i:/; (6") inch soil
cement base. Parking areas are to striped an equipped
with one (1) concrete stop per each parking space.
Parking will not be permitted within fifteen (15) feet of
the property line bordering any street nor within ten
(10) feet of the side and rear property lines.
Any variance as to the number of parking spaces required,
location, materials to be utilized or size of parking
spaces shall first be approved in writing by the
Committee.
11. r.s::NCE5.
Fences and screening walls shall be constructed of
masonry, metal panel, evergreen shrubbery or any other
suitable material approved by the Committee and shall be
maintained by the Association.
12. ~AST~ I Sf'jJSAL
All garbage and/or trash receptacles shall be enclosed by
fence or other type of screening wall which will prevent
the contents of the garbage or refuse area from being
visible from any Street or adjacent Lot. Garbage or
refuse ~reas shall not be constructed between the
building and a Street. Reasonable commercial pickup and
disposal of garbage and trash shall be required.
13 . ~..H?N~
All signs must be attached to a building and must not
extend above its roof line. No flashing or moving signs
will be permitted. This provision does not preclude usage
of signs normally used in connection with the sale of
subdivided property.
1 4 . bQ-EUU NJl I)_Q~~:t:::.9._
No loading docks shall be constructed facing any street.
No material, supplies or equipment shall be parked or
stored overnight in any area of a Lot except that which
is suitably screened from view by a suitable barrier.
This includes licensed and non-licensed vehicles, mobile
and/or stationary equipment and damaged or Junked
vehicles.
15. MA I NTENANC~~
The owner, lessee or tenant of any building site shall
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have the responsibility for the maintenance of the
premises, building, attachments, improvements, trash
receptacles, and landscaping in a clean, well maintained
state at all times. The Excelsior Business Park Property
Owners Associatic'n will be responsible fClr keeping the
park properly mowed and maintained at all times and,
give notice of such failure.If such failure occurs then
that notice of such failure will be communicated to the
owner, lessee or tenant in writing. The owner, lessee or
tenant shall have fifteen (15) days from receipt of such
notice to perform the requested maintenance to restore
such site to its desired condition. If the owner, lessee,
or tenant should fail to perform such requested repairs
or maintenance, the Committee shall have the right and
authority to undertake such repairs or maintenance at its
expense. In the event such owner, lessee or tenant fails
to reimburse the Committee for the costs incurred by it
within thirty (30) days of having been billed, then the
costs incurred shall be recorded as a lien against such
prc.perty.
16. ~ANAGEME~T OF T~~_~~RFACE WAT~R MANAGEM~NT P~RMIT
The Initial Owners of The Park have obtained a Surface
Water Management Permit from the St. Johns River
Management District for the operation and maintenance of
the lake and surface water system in The Park. In
accordance with Article 2 of these Restrictive Covenants,
the Association will assume the rights, responsibilities,
obligations, and functions required of the Initial Owners
under the aforementioned permit, including renewals and
modifications when necessary.
17. r.:~.FOBC~M~NT
Enforcement of these Restrictive Covenants shall be by
proceedings at law or in equity against any and all
persons violating or operating contrary to any
Restrictive Covenants contained herein. Enforcement shall
be allowed to restrain initial or further violation
and/or to recover damages.
18. ['10DIFU::ATION
Any or all these Restrictive Covenants may be terminated
or modified by a majority vote of the Committee. Any
amendment or modification shall be recorded in the Office
of the Clerk of the Circuit Court of Seminole County,
Florida. No such amendment or modification adopted shall
subject any Lot or Property Owner to a more onerous
restriction without the written consent of such Property
Owner.
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condition contained herein shall continue in full force
and effect in perpetuity commenclng with the date
hereof.
20. E~E.E.sCT_..OF ,U~L~.0_'=.IQ0.l.LQJi
In the event that any provision continued herein is held
to be invalid, it shall not affect the validity of any of
the remaining provisions, which shall continue in force
for the duration, including extensions, of these
Restrictive Covenants.
21. I N$P~ClI9_N_
The Initial Owners of The Park and, upon its formation,
the Committee, reserve the right to enter and inspect any
of the Lots and buildings thereon in order to insure
22. E.EZ,Of'iINI;J.
The Park is zoned fcor commercial (C-1) use. Each Prc'perty
Owner agrees that he will not bring any action to change
the zoning of any portion of the property without the
prior written consent of the Initial Owner.
23 . s N f 0 E2::J::_t:1E:: N T
The failure of the Committee or Property Owners to
enforce any of these provisions shall in no event be
deemed to be a waiver of the right to enforce any or all
of these Restrictive Covenants.
24 . 0 CCE; S J?-LQJt!.E:: C I I'y_QL..W.LN.J::.~ R qE:f.: I N...I;:J S
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The Association hereby grants to The City of Winter
Springs, access over all lots for purposes of maintenance
and repairs for sewer lines and manholes.
25. ADD~NPUM
A. Notwithstanding any other provisions contained
herein, no amendments may be made to this
document without the prior approval of the City
of Winter Springs, Florida.
B. The City of Winter Springs is a third-party
beneficiary with right to legally enforce these
documents.
C. Nothing contained herein permits or authorizes
any violations or deviations from the City Code,
City of Winter Springs, Florida.
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Ii'J WITNESS WHEF.:EOF-, the under ~ i gned have e~';ec ut ed t h 1 S
Declarc'ltlon on thE' -4-'/7day of J4N/"l"ftZf ~_ 1'38':)
Signed, sealed and del ivered in -~ )
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Salvatore B. Mu/nizzi
STATE OF FLORIDA )
) ss
COUNTY OF SEMINOLE )
BEFORE ME, the undersigned authority, duly authorized to
administer oaths and take acknowledgments, this day
personally appeared E. Lee Munizzi and Salvatore B. Munizzi,
fee owners of the Excelsior Business Park, who, acknowledged
and they executed the foregoing Declaration of Restrictive
Covenants for Excelsior Business Park, Seminole County,
Winter Springs, Florida, for the purposes therein expressed,
having full authority to do so.
My
Commission
E~';pires:
Notnry Public, Sl~tc 01 Florida at [~rrrc
My Comr.:i:;sicll [xyi.c" Morch J! 1~91
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seal in the County and.-';St~~~E~ "'\.
day of JAnVI\QY '.-;~' '1:~"8'~ ....... ..~.
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WITNESS my hand and official
first above written on the 4-T\4
Notary Public
THIS DOCUMENT WAS PREPARED BY:
E.Lee Munizzi
207 Moss Rd. North
Winter Springs, FL. 32708
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EXCELSIOR BUSINESS PARK
IIEXHIBIT IIAII
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DOUG'S urlIT 1/2, DESCRIPTIOII
^ portion of n.R. 1'litcl1c11's Survcy of tile Levy Grc1llt, Plat 1300k 1,
ril~e S, 0 f Llle Ptlllli c Hccords 0 f Semi no 1 c Cotln ty, r 1 or i cia; morc
[1,11'UCllL11'ly de<;cribcd ilS fnl10\'/!;: COl1l1l1enr.e'tlL Llle 'intersection
of tile Eilst riallt-of-\'/ilY 1inc of I.I05S ROilcl ilnd tlte cenLer1ine of
Lon0\'/ood-Oviedo ROtHI ilS sIl0\'1I1 on Llle p1ilt of Ilol'L11 Or1c1ndo, P1ilt
I300k 12, PilaeS ] 0 lInd 1], ruli Ii c Records 0 f Semi no 1 e Coun ty, Flori da;
t.ltcnce, tl OGo5G'33" II illon0 5ilid L1St riallt-of-I'/i'lY line of 1<1oss ROild
.a disL.lnce of S32,fl~ feel: to. tile point of ctlrvlILtlre (PC) of il ctlrve
conCilve Eilstcrly ilntl hilvinlj for its flrincifl1e clements, a rc1ditl~ of
670.78 fcet ilnt! il ccntral .1nu1e of 32"02'~S"; rllrl thence lIorthcrly
illona tltc ilrc of s.lirl ctlrvc 370.53 fcet Lo the floint of tilnacncy
tllel'co f; I'tln Lltcnce rl 25"07 'I?" [ il cJi s tilnec 0 f 3?~, 00 fCC t Lo tile
point of IlcIJinnina; tl1ence conLinue II 25"07'12" [ il distance of
]7.12 fect Lo Llle [ilsterly flrolonUilL'ion of Lhe I/orth rial1t-of-ItJt1Y
line of 3rd Street as sl1o\'lI1 on the aforestlid plilt of lIortl1 Orltlndo;
run thcnce II 2Go~3'02" [t1 distilllCC of l7S.D7 fret; run thence
S 62" 5 7 1 ~ G" [ tI d i s t il n c r 0 f S 19 , 00 f e c t; r lIll tile n c e S 2 r 0 2 I H" \./
il di~Llnce of 30,00 feet; Lllcnce S 6?"S7'~G" [ il distilnce of 72.00
f c 0. t; rllll t 11 c n c c S 27" 0 2 ' 1 ~" \.) ,1 d i s t ,1 n c c 0 f 209, 01\ f e c t; I' U n 1I1 C nee
II 72"OG'3~" H a distilncc of 3iJ~,~0 fect; 1'[/11 rl 27002'1~'' il distilncc
of 1613.76 feet; run tl1ence II G2()57'~G" il disttlrlCe of 200.00 feet Lo
tile point of bC9innina. Contaill'in9 3.79 ^cl'es.
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