HomeMy WebLinkAboutGrand Reserve
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This Inst.nmlent Prepared By:
Record & ~t~.l eEl. .
CUKI'IS R. 1CJSLEY, ES;JUIRE
Mosley, Wallis & Whitehead, P.A.
1221 East New Haven Avenue
P.o. Box 1210
Melbourne, FL 32902-1210
MARYl\HHE ~10RS
CLERK OF CIRCUIT c:
677511
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SEMINOLE COUNTY. FL.
RECORDED ~, VERIFIED
95 HAR - I PH 3: 51
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GRAND ~mvE
THIS D~OO OF cx:JVEtmNrS, cnmITIctm AND RESTRICl'ICNJ, , ::inade kn
entered into this~ day of s~~i ' 1995, by GRAND RESERVE, nil'.,
hereinafter referred to as ''Develq>er''.
WIT N E SSE T H:
VlREREM, GRAND RESERVE, INC., a Florida corporation, is the DeVeloper of
GRAND RESERVE.
VlREREM, the real property described in Exhibit "A" attached hereto am
made a part hereof shall hereinafter be referred to as the "Property"; am
WHmEAS, it is contemplated that the Property is to be developed into
s~le-family residential dwellings; and
WH:ERE:M, Developer desires to create a residential community of single-
family residences with certain roads, open space green belt areas arrl such other
common facilities as may be specifically designated on the Plat of GRAND RESERVE
for the benefit of said corrammity; and
VlREREM, Developer desires to provide for the preservation of the values
atrl amenities in said connnunity and for the maintenance of open space green belt.
areas arrl other cormnon facilities as may be specifically designated on the Plat'
of the Property arrl to this end, desires to subject the Property to the
covenants, restrictions, easements, charges am liens, hereinafter set forth,
each atrl all of which is atrl are for the benefit of the Property ad each owner
thereof; atrl
VlREREM, Developer has deemed it desirable, for the efficient preservation
of the values and amenities in said community, to create an Association_ to which
should be delegated arrl assigned the powers of maintaining arrl administering the
community properties arrl facilities; administering and enforcing the covenants
atrl restrictions; collecting am disJ:urs~ the assessments am charges
hereinafter created; and .
WH:ERE:M, Developer has incorporated the Association referred to in Article
I (as a non-profit corporation) under the Laws of the state of Florida for the
purpose of exercising the functions aforesaid;
!Of 'l.'ItmER:RE, the Developer declares that the property is atrl shall be
held, transferred, sold, conveyed and occupied subject to the covenants,
restrictions, easements, charges and liens of the covenants, (sometimes referred
to as "covenants and restrictions") herein set forth.
'. I
ARTICLE I
DBFlNITICNJ
SEX::T:tClf 1. 'lbe foregoing words when used in this Declaration (unless the
context shall prohibit) shall have the following meanings:
(a) "Association" shall mean and refer to GRAND RESERVE HCMEX:MNERS
ASSOCIATION, INC., a Florida corporation not for profit.
(b) "Property" shall mean and refer to the real property described in
Exhibit "A" attached hereto. RECEIVED
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Page 1 of 18 PB~2.
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MAR 0 8 1995
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Wlty. ot Winter ~pnngS
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(c) "Corrnnon Property" shall mean all real property (including the
iIrprovernents thereto) CMned by the Association for the oornmon use and enjoyment
of the owners. '!he oornmon area to be conveyed to the Association shall be the
common areas shCMl1 on the Plat of GRAND RESERVE provided same has not been
dedicated to Seminole County, Florida.
(d) "lDt" shall mean and refer to any plot of land shCMl1 upon any
recorded or unrecorded sulxlivision Plat of the Property with the exception of
Corrnnon Properties, as heretofore defined.
(e) "Living Unit" or "Building" shall mean and refer to any portion of
a wilding situated upon the Property designed and intended for use and ~
as a residence by a single family. =='
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(f) "owner" shall mean and refer to the record owner, whether one or more
persons or entities, of the fee siIrple title to any lDt. owner shall not ~
or refer to any rrortgagee unless am until such rrortgagee has a~ed titp!
pursuant. to foreclosure or any proceeding in lieu of foreclosure. owner sha*
include any Builder who a~es fee siIrple title OWnership to a lDt. :-
(g) ''Member'' shall mean am refer to all those ONners who are members of
the Association as provided in Article III, section 1, hereof.
(h) "Developer" or "Declarant" shall mean GRAND RESERVE, mc., a Florida
corporation. '!he term Developer shall also include any SUccessor Developer. A
SUccessor Developer shall be a purchaser or undeveloped lots in the subdivision
and shall be so designated a SUccessor Developer in the Deed of O:mveyance fran
Developer to SUccessor Developer.
(i) "SUrface Water or stormwater Management System" means a system which
is designed and constructed or implemented to control discharges which are
necessitated by rainfall events, incorporating methods to collect, COI1'Vej, store,
al::sorb, inhibit, treat, use or reuse water to prevent or reduce flooding,
overdrainage, envirornnental degradation, am water pollution or otherwise affect
the quantity and quality of discharges fran the system, as permitted pursuant to
Chapters 4OC-4, 4OC-40, or 4OC-42, F.A.C.
ARl'ICLE II
PROPERl'Y ~ 'ID i'BI8 D:EX::tARATIctI:
AOOITICHI 'l'HmEro
BrerIctI 1. ProDertv. '!he real property which is and shall be held,
transferred, sold, conveyed, am occupied subject to this Declaration is located
in Seminole County, Florida, am is more particularly described as follows, to-
wit:
BEE EXHIBIT "A" A'1'"l'2\CIID HmEIO AND MN>E A PART JJ:mBJF
BrerIctI 1. Mditional Property. '!he Developer may add such additional
property or lDts, as Developer, its successors or assigns, may fran time to time
designate as being subject to this Declaration by the placing of record an
instrument executed with fonnalities of a deed, making such designation, it being
specifically understood that said designation may, in Developer's sole
discretion, apply to all or any part of this Declaration, and in addition, that
this Declaration may apply in full, in part, as m:rlified, or as amended to any
additional property or Lots designated by the Developer as be1n;J subject hereto.
ARl'ICLE III
ME2mmBHIP OF vor:t:tn RIGIll'S OF THE ABSOCIATIctI
BrerIctI 1. }(lPInhership. Every person or entity who is the owner of a free
simple or undivided fee simple interest in any Lot subject to assessment, the
Developer, am any Builder who acquires title to a lDt, shall be Members of the
Association. Arrj person or entity who holds an interest merely as a security for
the perfonnance of an obligation shall not be a Member. Membership shall be
appurtenant to and may not be separated fran ownership of any Lot which is
subject to assessment.
Page 2 of 18 Pages
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~Cti 2. VotiM Riqhts. '!he Association shall have one class of voting
membership. Each OWner of a lot or lots evidenced by a deed duly recx:>rded in the
Public Recx:>rds of Seminole County, Florida shall be entitled to one (1) vote for
each lot he owns.
SreI'ICti 3. Transfer of COntrol. '!he developer shall transfer control of
the Association to lot owners other than the Develope.r upon the closing of the
last lot in GRAND RESERVE by the Develope.r or three (3) years from the date of
recording of this Declaration, whichever shall occur first.
ARl'ICLE IV en
PROPERl'Y RIGRl'S IN mE CXIK:ti m:IPERl'Y nl
3:
~Cti 1. Members' Easements of Enjovment, Recreational ProDertv ma
Parks. Every Member shall have a right and easement of enjoyment in and to t:l)E\
COmmon Property and such easement shall be aR:JUrtenant to and shall pass with ~
title to every IDt. ~
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BEX'..'l'ICti 2. Extent of Members' Easement. '!he easement and right bf
enjoyment created hereby shall be subject to the following:
(a) '!he right of the As$OCiation to take such steps as are reasonably
necessary to protect the COmmon Properties against foreclosure; and
(b) '!he right of the Association, as provided in its Articles and By-laws
to susperrl the enjoyment rights excluding access to private streets of any Member
for any period during which any assessment remains unpaid, and for any period not
to exceed thirty (30) days for any infraction of its published rules and
regulations; and
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(c) After turnover of control of the Association to owners other than the
Develope.r, the right of the Association to transfer all or any part of its
interest in the COmmon Property as may be hereafter acquired to any public
agency, authority, or utility for such rm:poses and subject to such conditions
as may be agreed to by the Members, provided that no such dedication or transfer,
determination as to the rm:poses or as to the corrlitions hereof, shall be
effective unless an instrument signed by Members entitled to cast two-thirds
(2/3) of the votes (as defined in Article III, Section 2) has been recorded,
agreeing to such dedication, transfer, purpose or corrlition, and unless written
notice of the proposed agreement and action thereunder is sent to every Member
at least ninety (90) days in advance of any action taken.
~Cti 3. Construction am sales. '!here is hereby reserved to the
Developer, its designers, successors and assigns, (including without limitation,
its agents, sales agents and representatives, and prospective prrchasers of
IDts), easements over the Cormnon Property, for construction, utility liens,
display, maintenance and exhibit rm:poses in cormection with the erection of
inprovements and sale of IDts within the Property and for ingress and egress to
and from construction sites at reasonable times; provided, however, that such use
shall terminate upon the sale of all IDts by the Develope.r and its express
successors and assigns and provided, further, that not such use by the Develope.r
ad others shall otherwise restrict the owners in the reasonable use and enjoyment
of the COmmon Property. Nothing herein shall prohibit the Develope.r, its
successors and assigns, from maintaining a sales office on the Property.
ARl'ICLE V
00VENANl' FCR ~ 1\SSESSHENrS
, I
BreI'ICti 1 ~ creation of the Lien and Personal c::bligation of Assessments.
Each OWner of any IDt 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 be deemed to covenant and agree to pay to the Association
(1) annual assessments or charges; and (2) special assessments for capital
improvements, such assessments to be fixed, established, and collected from time
to time as hereinafter provided. '!he annual and special assessments, together
with such interest thereon and costs of collection thereof as hereinafter
provided, shall be a charge on the IDt and shall be a contimting lien upon the
lot against which such assessment, together with such interest thereon and the
cost of collection thereof as hereinafter provided, is owing and shall also be
PaQe 3 of 18 Pages
the personal obligation of the person who was the OWner of such lot at the time
when the assessment fell due.
BECl'ICti 2. Purpose of Assessments. '!he assessments levied by the
Association shall be used exclusively for the purpose of proroc>ting the
recreation, health, safety and welfare of the residents in GRAND RESERVE,
including, rot not limited to:
(a) Payment of operating expenses of the Association including, rot not
limited to, professional management fees;
(b) Maintenance, landscaping, ilrprovement and operation of canmon
Property, open space, easement areas and greenbelt areas;
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(d) Maintenance, landscaping, and brprovement of lands dedicated to tlfe1
public which are located within or adjacent to the Property such as landsca~
berms along dedicated right-of-way. ~
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(e) Maintenance, landscaping, and improvement of screening walls located
within or adjacent to the Property;
(c) Maintenance, landscaping, and brprovernent of gate,
lighting, wall and entrance areas to the ccrmnun.ity;
(f) Payment of taxes, insurance, labor and equipnent;
(g) Electric and utility bills for camron areas;
(h) Repayment of funds and interest thereon that have been or may be
borrowed by the Association for any of the aforesaid purposes;
(i) Establishment of any necessary reserves to replace or repair any
portion of the canmon Property.
(j) '!he Association shall be responsible for the maintenance, operation
and repair of the surface water or stormwater management system. Maintenance of
the surface water or stormwater system(s) shall mean the exercise of practices
which allow the systems to provide drainage, water storage, cxmveyance or other
?UI"face water or stormwater management capabilities as pennitted by the st. Johns
River Water Management District. '!he Association shall be responsible for such
maintenance and operation. Arrt repair or rea:mstruction of the surface water or
stormwater management system shall be as pennitted, or if modified as approved
by the st. Johns River Water Management District. See Article IX, section 5.
(1) Doing any other thing necessary or desirable in the judgment of said
Association (acting through its Board of Directors), to keep the sub:Uvision neat
and attractive or to preserve or enhance the value of the prq:>erties therein, or
to eliminate fire, health or safety hazards.
BECl'ICti 3. Initial Assessment. '!he Initial Assessment for working capital
for each lot shall be 'IHREE HUNDRED DOUARS ($300.00) and shall be due at the
time title to a lot is transferred from the Developer, its successors or assigns
to an owner, which term shall include any Builder even though said Builder
intends to acxauire the lot solely for construction of a single-family residence
for resale. '!he Initial Assessment for working capital shall be a one-time
assessment, and shall be due in addition to the Annual Assessments as provided
herein.
BECl'ICti 4. Basis am Maximum of Annual Assessments. Until the year
beginning Jarroary 1, following the conveyance of the first lot to an OWner, the
Annual Assessment shall be SEVEN HUNDRED EIGHTY DOUARS ($780.00) per lot payable
monthly, payable on the first day of each month. From arrl after January 1 of the
year immediately following the conveyance of the first lot to an OWner, the
Annual Assessment may be increased each year by the Board of Directors of the
Association to an amount not more than twenty Percent (20%) above the assessment
for the previous year without a vote of the membership. '!he Board of Directors
of the Association may, after consideration of current maintenance costs and
future needs of the Association, fix the actual assessment for any year at a
lesser amount. '!he Board of Directors of the Association may fix the annual
Page 4 of 18 Pages
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assessment without notice or meeting of Members provided sudl assessment. does not
exceed the maximum increase set forth above.
srerICB 5. Special Assessments for capital n.x.-ovsnents. In addition to
the arumal assessments authorized by Section 3 hereof, the Association may levy
in any assessment year, a special assessment, awlicable to that year only, for
the purpose of defraying, in whole or in part, the cost of any construction or
reconstruction, unexpected repair or replacement of a described capital
improvem:mt upon the Common Properties, including the necessary fixtures and f"'0
personal property related thereto, provided that sudl assessment shall have the co
assent of a majority of the votes (as defined in Article III, Section 2) ~
Members who are present in person or by proxy at a IOOeting duly called for ~
purpose, at whidl a quonnn is present, written notice of whidl shall be sent ~
all Members at least ten (10) days in advance and shall set forth the purpose t!ffl
the IOOeting. g
BEXm:CB 6. Chzm::Je in Basis aD! MaxiJIUIl of Annual. Assessments. SUbject g
the limitations of Section 4 hereof, and the periods therein specified, the
Association may c.harqe the maximum arrl basis of the assessments fixed by Section
4 hereof prospectively for any sudl period provided that any sudl c.harqe shall
have the assent of the majority of the votes (as defined in Article III, Section
2) of the Members who are present in person or by proxy, at a meeting duly called
for that purpose, at whidl a quonnn is present, written notice of whidl shall be
sent to all Members at least fifteen (15) days arrl not trore than sixty (60) days
in advance arrl shall set forth the prrpose of the meeting.
BEXm:CB 7. OUorun for any 1\ction Authorized UlX!er sections 5 aD! 6. '!he
Quonnn required for an action authorized by Sections 5 and 6 hereof shall be as
follows:
At the first meeting called, as provided in sktions 5 arrl 6 hereof, the
presence at the IOOetin;J of Members, or of proxies, entitled to cast the majority
of all the votes (as defined in Article III, Section 2) o~ the membership shall
constitute a quonnn. If the required quonnn is not forthcom.i..rg at any meetin;J,
another IOOeting may be called, subject to the notice requirement set forth in
Sections 5 arrl 6, arrl the required quonnn at any sudl subsequent meetin;J shall
be one-half (1/2) of the required quonnn at the preceding IOOeting, provided that
no sudl subsequent IOOetin;J shall be held IIDre than fifteen (15) days followin;J
the preceding meetin;J.
srerICB 8. D!te of Carmencement of Annual Assessments: Due D!tes. '!he
arumal assessments provided for herein shall cc:mnence on that date (whidl shall
be the first day of the tronth) fixed by the Board of Directors of the Association
to be the date of ccmnencement.
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'!he first arumal assessments shall be made for the balance of the calendar
year arrl shall becane due and payable on the day fixed for canmencement. '!he
Assessments for any year, after the first year, shall becane due and payable on
the first day of Jarroary of said year.
'll1e amount of the annual assessment whidl may be levied for the balance
remaining in the first year of assessment shall be any amount whidl bears the
same relationship to the annual assessment provided in Section 3 hereof as the
remaining mnnber of tronths in that year bears to twelve. '!he same reduction in
the amount of the assessment shall awly to the first assessment levied against
any property whidl is hereafter added to the pr~ies not subject to assessment
at a time other than the beginning of an assessment period. , ,
'll1e due date of any special assessment under Section 5 hereof shall be
fixed in the resolution authorizing sudl assessment.
BEXm:CB 9. Duties of the Board of Directors. In addition to sudl other
duties vested in the Board of Directors of the Association in the Articles of
Incorporation and the By-laws of the Association, the Board of Directors of the
Association shall fix the date of ccmnence.ment and the amount of the assessment
against eadl I.Dt for eadl assessment period at least thirty (30) days in advance
of sudl date or period and shall, at that time, prepare a roster of the
properties arrl assessments applicable thereto whidl shall be kept in the office
of the Association and shall be open to inspection by any owner.
Page 5 of 18 Pages
Written notice of the assessment shall thereupon be sent to every owner
subject thereto.
'!he Association shall, upon demand at any ti.ne, 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 assessment therein
stated to have been paid.
SEXm:Cfi 10. Effect of Nonpavment of Assessment: The Personal Cbliqation
of the owner: The Lien: Remedies of Association. If an assessment is not paid
on the date when due (being the dates specified in Section 8 hereof), then such
assessment shall becane delin;{uent and shall, together with such interest therecm
and cost of collection thereof as hereinafter provided, thereupon becane r8
contirnrlng lien on the lDt to which such assessment relates, which shall b~
such lDt in the hands of the then owner, his heirs, devisees, pe.rson41
:r;epreSentati ves and assigns. '!he personal obligation of the then owner to m
such assessment, however, shall remain his personal obligation for the stat\.1tow
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If the assessment is not paid within thirty (30) days after the delin;{uenbY
date, the assessment shall bear interest from the date of delinIuency at the rate
of eighteen percent (18%) per anrnnn, and the Association may bring an action at
Law against the owner personally obligated to pay the same or to foreclose the
lien amount of such assessment the costs of preparing and filing the Corrplaint
in such action, and in the event a Judgment is obtained, such Judgment shall
include interest on the assessment as above provided and reasonable attorneys'
fees to be fixed by the Court together with the costs of action. In the event
the Association files a lien and said lien is satisfied without necessity of a
lien foreclosure suit, the Association shall be entitled to the sum of Fifty
($50.00) Dollars to offset the cost of the preparation of said lien, together
with all recording and attorney fee expenses for the preparation and filing of
said lien.
'!he lien of the asseSsment provided for herein shall be subordinate to the
lien of any first nurtgage or lOOrtgages now or hereafter placed upon the lDt
subject to assessment; provided, however, that such subordination shall awly
only to the assessments which have becane due and payable prior to the sale or
transfer of such lDt p1rsuant to a decree of foreclosure, or any other proceeding
in lieu of foreclosure. SUch sale or transfer shall not relieve such lDt from
liability for any assessments thereafter becaming due, nor from the lien of any
such subsequent assessment.
SEXm:Cfi 11. EKeII1Jt ProDertv. '!he following property subject to this
Declaration shall be exempted from the assessments, charge and lien created
herein:
(a) All properties to the extent of any easement or other interest
therein dedicated and accepted by the local p1blic authority and devoted to
public use.
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(b) All Camnon Properties as defined in Article I.
(c) All properties exempted from taxation by the laws of the state of
Florida, upon the tenns and to the extent of such legal exemption.
(d) '!he Declarant shall be excused from the payment of Assessments until
the Declarant shall transfer control of the Association to lot owners other than r'
the Declarant; provided the Declarant shall pay any operating expenses that are
incurred by the Association and not produced by the assessments levied against
lot owners other than the Declarant.
Notwithstanding any provisions herein, no land or inprovements devoteci to
dwelling use shall be exempt from said easements, charges or liens.
SrerICfi 12. onifom Rate of Assessment. Both annual and special
assessments must be fixed at a unifonn rate for all lDts (regardless of size or
location). Assessments may be paid semi-annually or annually at the sole
discretion of the Association.
Page 6 of 18 Pages
ARTICLE VI
MUNICIPAL S!RVICE ':1"AXIm UNIT
Brel'Ictl 1. Each OWner, by his acceptance of ownership of any interest in
a lot, agrees to be part of any Municipal Service Taxing Unit (MSI'U) which may
exist at the time of conveyance of said Iot.
~ctl 2. Each owner, by acceptance of OWnership of an interest in a Iot,
consents and agrees to the formation of an MSIU which includes all of the I.Dts,
said MSIU to be for the purpose of providing for the maintenance, larrlscaping,
inprovement or operation of water retention areas located on the Property and/or
for the purpose of maintaining street lighting on the Property. Each ~
designates and awoints the Developer or the Association as his agent aW
attorney-in-fact with full power in his I'laIOO, place and stead to execute suFh
petitions or instruments as may be necessary to fonn such an MSIU. If necessary}
each owner agrees to prorrptly join in such instruments or petitions as may ~
necessary to fonn such an MSI'U.
ARTICLE VII
~ c:almOL CXHIIT1'EE
SreI'Ictl 1. Review by ccmnittee. No larrlscaping, grading, removal of
trees, clearing, b.1ilding, fence, driveway, patio, paved area, wall, swinnning
pool or other structure shall be cannnenced, erected or maintained upon the
Property nor shall any exterior addition to or d1ange, including painting, or
alteration therein be made until the plans and specifications showing the nature,
kind, shape, height, materials, square footage, location and larrlscaping of the
same shall have been subnitted to an awroved in writing as to hannony of
external design and location in relation to surrounding structures and topography
by the Board of Directors of the Association, or by an architectural review board
CClllpQS€d of three (3) or rrore representatives awointed by the Board of Directors
("ARB"). All structures shall reasonably blerrl with the natural surroundings.
In this Article VII, the t.enns Architectural Review Board, ARB and Developer,
shall be used int.erchargeably and constitute one and the same bcxiy.
In the event the Developer or the ARB fail to awrove or disawrove such
design and location with thirty (30) days after said plans and specifications
have been subnitted to it, or in any event, if no suit to enjoin the addition,
alteration or d1ange has been cannnenced prior to the c:x::mpletion thereof, awroval
will not be required and this Article will be deemed to have been fully c:x::mplied
with. Four (4) copies of all plans shall be furnished the ARB.
SrerIctl2. Duties and Powers. '!he Architectural Review Board or Developer
shall have the folloWing duties and powers:
(a) To aIOOl'rl from time to time the Building Criteria. Any amendments or
other structures which shall be set forth in writing and be made known to all
Builders. Any amendments shall include any and all matters considered
app1:opriate by the ARB not inconsistent with the provisions of this Declaration;
(b) To awrove all wildings, fences, walls, swinmdng pools, mailboxes
or other structures which shall be cannnenced, erected or maintained upon the
SUl::division and to approve any exterior additions thereto or d1anges or
alterations therein. For any of the above, the ARB shall be furnished plans and
specifications showing the nature, type, shape, height, materials, color, and
location of the same, and shall awrove in writing as to the harmony of the
external design and location in relation to surrourrling structures and
topography;
(c) To awrove any such wilding plans and specifications and lot grading
and landscaping plans, and the conclusion and opinion of the ARB shall be
binding. If, in its opinion, for any reason, including purely aesthetic reasons,
the ARB should determine that said i.nprovement, alteration, or contenplated
improvement is not consistent with the planned developnent of the Sul:xUvision of
GRAND RESERVE;
Page 7 of 18 Pages
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(d) 'lb require to be subnitted to it for approval any sanples of exterior
wildirg materials prq:>osed or any other date or infonnation necessary to readl
its decision;
(e) 'lb require eadl wilder or home OWner to subnit three (3) sets of
plans and specifications to the ARB prior to obtaining a Wildi.rg permit, whidl
sets of plans and specifications shall become the property of the ARB. '!be work
contemplated must be perfonned su1stantially in accordance with the plans and
specifications as awroved. All awrovals of plans or specifications must be
evidenced in writirg by specifications furnished; and
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srerICfi 3. Oc::III)letion of construction and Use. '!he exterior of all houses
and other structures of all houses and other sb:uctures must be c::arpleted withbt
twelve (12) months after the construction of same shall have conunenced, excePt
where such c::arpletion is inpossible or would result in great hardship to tpe
owner of wilder due to strikes, fires, national emergency or natural calarnitiE!'S;
and all houses and other structures on the Property shall be used for residential
purposes exclusively.
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Brer:ICfi 4. planninq criteria. Developer, in order to give guidelines
conce:rnirg construction and maintenance of Living Units, hereby promulgates the
ARatITEX:TURAL REVIEW OOARD BUilDING CRITERIA ("Buildirg er.-iteria" or Planning
er.-iteria") for the SulxUvision, whidl are attadled hereto as Exhibit "B" and
incorporated by reference herein.
srerICfi 5. Review IMependent of GoVerDDental Review and Penn:itting. '!he
ARB review process is independent of, and does not replace, nonnal goverrnnental
wildirg plan review and Wilding permit process. Awroval of plans by the ARB
shall not be deemed to be an approval of a Wildirg's sb:uctural integrity,
safety, or c::arpliance with applicable wilding codes. Refusal of awroval of
plans or specifications or location of inprovements by the Developer or the ARB
may be based upon any grourrl, inclt1di.rg purely aesthetic grounds, which are
deemed sufficient in the sole and uncontrolled discretion of the Developer or the
ARB.
srerICfi 6. Enforcement of Building criteria. '!he ARB shall have the right
and obligation to enforce the provisions hereof relating to the Building
Criteria, as amended from time to time By the ARB. '!he ARB shall also have the
right to waive any restrictions declared herein whidl the ARB may detennine in
a certain situation to be of a minor or insubstantial nature. Should any OWner
or Builder fail to c::arply with the requirements hereof or of the Buildi.rg
er.-iteria after thirty (30) days, written notice, the ARB shall have the right to
enter lIIX'n the Lot, make sudl corrections or modifications as are necessary, or
renmre anything in violation of the provisions hereof or the Building Criteria,
and charge the cost thereof to the OWner at a date to be detennined by the ARB
plus i.npJse a fine not to exceed $100.00 per day. Should the ARB be required to
enforce the provisions hereby by legal action, the costs of such action inclt1di.rg
any a~ls thereof, reasonable attorneys fees and costs, shall be collectible
from the owner. '!he ARB shall have the right and power to transfer an assign the
-right to enforce said restrictions to another person or legal entity, even though
such person or legal entity may own no interest in the land to be benefitted by
such restrictions. '!he ARB or its agents or employees, shall not be liable to
any Builder or owner for any damages or injury to the property or person of the
owner unless caused by the gross negligence of the ARB.
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ARTICLE VIII
mmm\L R!m'RICl'ICHJ AND c:xHI'11UaICfi ~
Srer:ICfi 1. General Lot Use Restrictions.
(a) No Lot shall be used except for residential purposes. No wildi.rg
shall be erected, altered, placed or permitted to remain on any Lot other than
one detached single-family dwelling with a private attadled garage and one
detached structure. No open carports shall be permitted. '!be mininn.nn acceptable
garage shall be a double car garage of suitable size to house two (2) standard
size Anerican automobiles.
Page 8 of 18 Pages
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/t & A~ (b) All ~a~oors must be mainta~ in a reasonable well maintained
~ corrlition. .~ aaraa~ 11 be converted to living quarters~ Garage doors shall
S"e be sJ:de entry WheneVe?possible. Garage doors must be Kept closed except when in
(9~ use.
(c) An attached or detached addition to the dwelling may be erected wt
only on corrlition that it shall not project beyorrl the front wall of the dwelling
or structure as originally erected, am upon further- corxlitlOn that it am any
breezeway or other structure connecting it with the dwelling shall conform in
architecture, material am color to the dwelling am must have prior ARB
awroval.
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(d) Private swimming pools may be constructed or erected on any r.Et
provided that:. no portion of any such pool or its a};tJllrtenances, including is
fence, shall be closer to th~rear or side lot lines than the minimum dis~
respectively pennitted by J:ocal ordinance, and 'provided further that such podI!;
may be situated in the real yard only. --.. g
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(e) No fence shall be constructed or maintained on any Lot exce~
hedge, aluminum, irOn, brick or painted stucco masonry (not smooth or flat)
fence. No fence of any kirrl shall be constructed or maintained in front of the
rear line of the dwelling on any lot (as such rear line is exterrled to each lot
line) except with the written awroval of ARB, is exenpt from this provision
No pennitted fence shall exceed in height the limitation established by local
ordinances. All colors must be approved by the ARB. Entry accent walls will be
pennitted when awroved by ARB.
(f) No dwelling or c;DY part thereof shall be used for any PLJrPQSe ex~
as a private - II' - for one family, nor shall any rosineSs of any kirrl be
cted therein. No oos1nesS or ade of any kim, including transient
rentals, or or offensive activitY shall be carried on upon any Lot within
or without the dwelling, nor shall anything be done thereon which may be or
becane an annoyance or nuisance to the neighborhood. No trailer, tent, shack or
other such structure shall be located, erected or used on any lot, temporarily
or permanently, except that wilding contractors may erect am maintain temporary
structures, including trailers, during the period of residential wilding in the
sul:x:li vision am as incident thereto.
(g) Air corrlitioning units, pumps, am other apparatus must be screened
with landscaping or awropriate fencing.
(h) No resident shall park any vehicle on any street. No resident shall
park any boat, motor home, trailer, conunercial van or other camnercial vehicle
in any driveway or street or on any part of a lot. Cc:mnercial vehicles include
trucks with more than four tires or over 3/4 ton, am/or vehicles with tenporary
or permanent signage affixed. Prior written awroval of the ARB to tenporarily
park any such vehicle is required am may not exceed four (4) forty-eight (48)
hour periods in any year. No non-operating or non-functionirg vehicle of any
kind shall be permitted to be parked in the yard or in the driveway of any lot
or on any street in the Property.
(i) OWner agrees to purchase standard mailbox from developer.
(j) OWner agrees to install a 4 foot wide sidewalk along their street
frontage.
srer:raf 2. Hinimum SQuare Feet. All dwellings erected on any lot in the
developnent shall be a quality of workmanship am materials suitable for a
developnent of this type. No dwell1J:g shal~ be erected on any lot having less
than twenty-eight hurrlred ~ square feet of heated am air corrlitioned living
space , exclusive of ~ PO es, garages am appurtenant structures.
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SrerICti 3. nrilliM. No oil drilling, oil developnent, oil refining,
quarrying or mining operations of any kind shall be permitted upon or in any Lot,
nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted
upon or in any Lot. No derrick or other structure designed for use in boring for
oil or natural gas shall be erected, maintained or permitted upon any Lot.
Page 9 of 18 Pages
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srerIal 4. Animals. No reptiles, animals, livestock or poultry of any
kind shall be raised, bred or kept on any IDt, except for dogs, birds or other
usual and customary household pets, provided that the same are not kept, raised
or maintained for rosiness or ccmnercial purposes or in rnnnbers deemed
unreasonable by the Developer or Association in the exercise of their reasonable
discretion. Numbers in excess of two (2) of each such type of household pets
(excluding aquarium-kept tropical fish) shall be considered prima facie
unreasonable. All domestic pets shall either be kept on a leash and be within
the control of the pet's OWner or be kept within an enclosed area on the
respective OWner's IDt.
srerIal 5. construction J)eo)sit. '!he SlDll of $500.00 shall be deposited
with the ARB as assurance that owner/J::uilder will keep the construction site
maintained in clean and reasonable order, and if the ARB is not required to ~
corrective action to maintain the site the deposit shall be returned to ~
upon construction carpletion arrl request for return of deposit. ~
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SrerIal 6. Garbage. Garbage or rubbish shall not be dumped or allcMed tA
remain on any IDt. Garbage, rubbish or other debris, properly contained in ~
metal or plastic receptacle, shall be placed outside the dwelling for collecti~
on the day, or after sunset on the day before scheduled collection, in acco~
with the regulations of the collecting agency. At all other times, such
receptacles shall be placed on the IDt so as not to be visible from the road.
OWners are responsible for Builders containing arrl removing trash during
construction on their lot.
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srerIal 7. Easements.
(a) Perpetual easements for the installation, construction,
reconstruction, maintenance, repair, operation arrl insPection of sewer, water arrl
drainage facilities, for the benefit of the adjoining lot OWners arrl/or
Developer, authority, commission, municipality or other agency, supplying sewer,
water arrl/ or drainage facilities, are reserved as shown on the aforesaid
sul::x:livision plat; also, easements in general in arrl over each IDt for the
installation of electrical, gas arrl telephone facilities. No wildings or
structures shall be erected nor any paving laid nor any filling or excavation
done within the easement areas occupied by or reserved for such facilities. '!he
easements described herein shall be shown on the recorded plat as described
above.
(b) Developer arrl its successors arrl assigns shall at all times have the
right of ingress arrl egress over the aforesaid easements, arrl a right-of-way for
the purpose of installing, constructing, reconstructing, maintaining, repairing,
operating and insPecting any such sewer, water, drainage, electric, gas and
telephone facilities within such easements and right-of-way areas, along the
lines designated for such purposes on the aforesaid plat arrl shall also have an
easement arrl right-of-way in general in arrl over each lDt for access to such
easement areas arrl the facilities located therein, arrl for installing, operating,
maintaining, repairing, inspecting arrl reading any meters awurtenant to such
facilities.
(c) '!he Developer has planned entrance walls, gate, larrlscaping,
underground electrical arrl sprinkler system, arrllightin;J for the entranceway of
the property.
Cd) lot OWners shall provide access to the Developer, its successors and
assigns, and the Association at any reasonable time for the purpose of
maintaining the common areas as shown on the Plat.
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(e) No construction of any structure shall be permitted within the power
company easements.
(f) No clearing, disruption of vegetation, or construction of any
structure shall be permitted in the wetlarrl conservation easement shown as tracts
B arrl C of the Plat.
, srerIal 8. cleariM Reauirements. No trees except those trees less than
three (3) inches in diameter at ground level may be reJIKJVed without the written
approval of the ARB unless the tree(s) is situated within the wilding pad, or
driveway or pool site. Awroval by ARB does not relieve OWner from Seminole
Page 10 of 18 Pages
County regulations. A tree survey may be required and the OWner shall provide
one upon the request of the ARB.
SEm'ICti g. Llm2scaDing Requirements.
(a) Each lot shall be landscaPed in accordance with a landscape plan
sultnitted to and awroved by the ARB. Each construction l::udget shall exmtain a
minimum larrlscapi.n;J allowance of $3,500. 00 exclusive of sod. It is the intention
of the Developer, its successor and assigns, and the HOA to maintain as much
natural vegetation as possible on the lots, therefore, OWners are encduraged to
leave natural vegetation areas. However, these areas must be properly cleared iv
(by hand) of dead vegetation and trash, and must be properly and regularlH
maintained. Natural vegetation may, with the ARB awroval, take the place ~
sodded areas, where sod is used it must be st. Augustine, bitter Blue or Sivill~
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(b) UndergrOl.lTrl sprinkler systems are required with water provided by ~
city of winter Springs reuse water distribltion system. n
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(c) If the OWner of any individual lot fails to properly maintain pt
landscape his lot, then the Association may, after ten (10) days written notice,
as its option, maintain and. landscape the Iot and. the OWner shall reimh.Jrse the
Association for any costs and expenses incurred by the Association. 'Ibis
assessment is enforceable in the same manner as other assessments pursuant to
Article V, Section 10 of this Declaration. A Penalty of $50.00 Per day shall be
assessed until reiml:ursement of costs and expenses to the Association for
enforci.n;J this provision.
(d) All owners shall install the starrlard main box chosen for this
project as selected by the ARB.
SEm'ICti 10. Billboards. No billboards, signboards or advertising devices
shall be maintained on any Iot except that this clause shall not limit the right
of the home l:uilder or home l:uilders fran using billboards, sign boards or
advertisi.n;J devices in conjunction with the sale of residences bei.n;J constructed
by them. Signs may not exceed twelve (12) square feet in size and must be
approved by the ARB in advance. FUrther, nothing herein contained. shall limit
the right of individual homeowners from placing on their own IDt one "For sale"
sign however, the sign must look professionally made and have ARB approval.
SEm'ICti 11. outside Installations. No radio or television signals nor any
other form of electromagnetic radiation shall be permitted to originate from any
lot which interferes with the reception of television or radio received upon any
other lot. No outside antenna for radio or television shall be consttucted,
erected or maintained at anytime on any lot except lot OWners may terrporaril y use
an antenna if cable televlsion is not available. After cable is available, no
antennas are permitted. Television satellite dishes may not be installed without
specific prior written ARB awroval. If approved, satellite dishes must be
screened so that they are not visible from the street or any other lot.
SEm'ICti 12. No Offensive Activity. No noxious or offensive a~ivity shall
occur on any lot. Nothing contained herein shall prohibit or irrpair the l::usiness
of Developer and Builders in developing all of the lots as single family
residences.
S~Cfi 13. Insurance. No owner shall do or keep on a IDt anythi.n;J which
would increase the rate of insurance relating thereto without the prior written
consent of the ARB, and no OWner shall permit anything to be done or kept on his
lot which would result in the cancellation of insurance on any residence or which
would be in violation of any law.
SrerICti 14. ocmnenCE!lll8l'lt of construction. Consttuction of the single
family residence shall commence within twenty-four (24) m:mths from the date of
the lot closi.n;J with Developer, or Developer has the right and option to purchase
the lot at the original sales price. Documentary starrps on the deed and owner's
title insurance shall be paid by the lot owner.
SrerICti 15. window Air-COmitioni.M units. No window air corrlitioning
units shall be permitted.
Page 11 of 18 Pages
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~Cti 16. Concrete Block. All concrete blcx::X constnlction shall be
stuccoed and painted. Colors must be approved by ARB prior to painting.
Bre.rICti 17. Drivewavs. All driveways shall be constnlcted of concrete or
other naterials to be approved by Developer or ARB. No gravel or blacktop
c;1riVeNaYs shall be pennitted.
Bre.rICB is. Recreational Faoilities. Skateboard rarrps and devices of a
similar nature shall not be pennitted in the front yards, driveways or streets.
~CB 19. Basketball Hoops. Basketball Hoc::p; nay be installed on lots, ~
however, only one hCXJP nay be installed, hoop shall not be in plain site of ~
front or street side of property, arrl the use of the hCXJP shall be restricted ~ CO
the hours between 9 am and one-half (1/2) hour after sunset. '!he post for t1ie -.J
hoop must be properly naintained by the OWner. '!he failure to naintain the ~
nay result in the Association demanding its rennval. If the OWner fails to remc:JVe
the post after ten (10) days written notice to repair or naintain the post ~ C>
given to. the owner, the Association nay go onto the property and remove the 'poSt" ~
assess the owner for the costs and file a lien against the property for the caS\: -.J
of removal of the post and other reasonable costs incurred in the removal of the \.0
post. '!he provisions of Article V, Section 10 shall apply to any assessment nade
by the Association pursuant to the section.
Bre.rICB 20. SOlar Systems. No solar heating system or any solar system
shall be installed on a roof or otherwise so that the solar system is visible
from the front elevation of the Lot. '!he "front elevation" of the Lot shall mean
that elevation of the Building constnlcted on the Lot that faces the street from
which access to the Lot is provided.
~Cti 21. BurniJxJ. No Wrning of leaves, trash, rubbish, garbage or
other waste naterials of any type shall be pennitted or conducted on Residential
Property. Nothing herein contained, however, shall be deemed to prohibit the
h.1rning of wood, logs or charcoal in properly constnlcted or installed
fireplaces, barbecue cookers or the like, whether inside or outside of any
wilding or other stnlcture located on a Lot.
Bre.rICti 22. storage Tanks No storage tank, including l:ut not limited to,
those for water, oil, propane gas, or other liquid, fuels or chemicals, including
those used for swimming pools or the like, shall be pennitted outside of a
Building on a Lot unless the same shall be urrlerground or placed inside of walls,
fences, landscaping screens or similar type enclosures. In no event shall any
of the same be visible from any adjacent or neighboring Lots or the platted
roads .
Sre.rICti 23. ChalxJes AffectiM Drainage. No lDt owner, without the express
prior written consent of the ARB or Developer, shall constnlct any improvements
or make any d1arxJes to a Lot which shall have the result of d1arxJing, altering
or affecting the natural or artificial water courses, canals, ditches, swales,
parrls or .drainage of the P:rq>erty, and all consb:uction, grading arrl landscaping
shall confonn to the drainage swale requirements set forth on the plat of the
Property .
Sre.rICti 24. Construction Materials. Except for the Developer, the Lot
owner nay not store consb:uction naterials on a Lot for a period exceeding thirty
(30) days without cormnencing constnlction, arrl if constnlction does not commence,
the Association nay remove such stored naterials. Costs incurred in such removal
by the Association will becoIre a lien on said Lot, accruing interest at the
highest rate pennitted by law. Constnlction, once CClIl1lTeI1CE!d, shall be diligently
pursued to completion and in no case shall exceed eight (8) oonths.
Bre.rICti 25. Casualty. No building or improvement which has been partially
or totally destroyed by fire or other casualty shall be allCMed to remain in such
condition for no oore than six J.6L-oonths from the time of destnlction. If
reconstruction or repair of any such Living 'unit is not commenced with six (6)
oonths, the owner thereof shall raze or rernove the same promptly from the owner's
Lot. If the owner fails to do so, then the Association shall consider this a
nuisance and will be entitled to dama.ges and injunctive relief.
Bre.rICti 26. Rules and Requl.ations In addition to the forgoing
restrictions on the use of lDts, the Association shall have the right, power and
Page 12 of 18 Pages
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authority, to pranu.1l.gate arrl impose reasonable rules arrl regulations governing
arrl/or restricting the use of a I.Dt arrl to thereafter c:harqe, modify, alter,
amend, rescind arrl augment any of the same; provided, however, that no rules or
regulations so pranu.1l.gated shall be in conflict with the provisions of this
Declaration. Any such rules and regulations so promulgated by the Association
shall be deemed prcmulgated when adopted by the Board of Directors of the
Association arrl shall be applicable to arrl binding upon all I.Dts arrl the owners
thereof arrl their sucx::essors arrl assigns, as well as all guests or invitees of
arrl all Parties claiming by, through or under such owners. Contractor's rules i'0
arrl regulations are attached hereto as Exhibit "C-I" arrl incorporated herein cW CD
reference. Pl Cf:)
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srorICE 27. DeveloPer'S Riqhts. Nothing contained in these Covenants @
Restrictions shall be interpreted or construed to prevent the Developer (Selle:lft,
its express sucx::essors or assigns, or the Developer'S contractors ft..
subcontractors, from going or Perfonnin;} on all or any Part of the Property owrierl 0
or controlled by the Developer whatever the Developer deems reasonably necessaw 0"
in connection with the completion of the developnent, including with<1Ut co
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(a) erecting, constructing, maintaining thereon, such structures as may
be reasonably necessary for the conduct of the Developer'S business
of completing the developnent and establishing the Property as a
residential community arrl disposing of the same in I.Dts arrl Living
Units by sale, lease or disposing of the same in I.Dts and Living
Units by sale, lease or otherwise;
(b) conducting thereon its or their business;
(c) placing signs on lots arrl/or common areas.
srorICE 28. waiver by Develaper. When a J:uilding or other structure has
been erected;-TE's construction commenced arrl the roilding is located on any I.Dt
in a manner so as to constitute a violation or violations of these covenants arrl
restrictions, the Association shall have the right, rot not the obligation, at
any time to release the lot, or portions of it, from any Part of the covenants
arrl restrictions as may be violated.
SEX:TICE 29. Maintenance of vacant Lots. All vacant lots will be mowed by
owner at least four times Per year rot not less than is needed to maintain a
reasonable good. appearance. If owner does not maintain the lot, the HomeOwners
Association shall have the right to mow the lot and assess the owner for the
cost. '!his assessment is enforceable in the same manner as other assessments
pursuant to Article V, Section 10 of this Declaration.
SEX:TICE 30. Vehicles am RePairs. '!he Par~ of commercial vehicles,
which description shall include, rot not be limited to trucks, truck-tractors,
semi -trailers arrl corrnnercial trailers as well as the Parking of any travel or
recreation trailers, including self-propelled or those towed, as well as any
mobile homes, at any ti.ine on driveways or otherwise on said premises or on the
public streets of said subdivision, is prohibited except for loading or unloading
purposes or when Parked entirely within a garage permitted to be roilt under the
provisions of these restrictions. owners having recreational vehicles arrl/ or
boats may request, from the Board, a temporary repair/maintenance/cleaning permit
allowing them to Park their vehicle/boat on their property arrl/or driveway for
up to forty-eight (48) hours, with a maximum of four (4) such permits issued Per
year by the Board to any owner. '!here shall 00 no repair, except emergency
repair, performed on any motor vehicle on or adjacent to any lot in this
sulxlivision. It is ac1mowledged arrl agreed by all owners of lots in this
sulxli vision by purchasing said property that a violation of any of the provisions
of this paragraph shall impose irreparable harm to the other owners in this
sulxlivision. '!he owners further agree that a reasonable assessment of such
damages would be $50.00 for each day that such violation PerSists after an owner
of a lot is notified, in writing, of such violation by either the Developer or
a duly elected representative of the Association.
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srorICE 31. waiver of Minor violations. Where an bnprovement has been
erected or the construction thereof is substantially advanced arrl it is situated
on any lot in such a manner that same constitutes a violation or violations of
any of this Declaration, the Association, its successors arrl/or assigns shall
Page 13 of 18 Pages
have the right at any time to release such lot or portions thereof from such part
of the provisions of said Declaration as are violated, provided, however, that
said Association, its successors and/or assigns, shall not release a violation
or violations of any of said Declaration except as to violations it determines
to be minor, in its sole discretion, and the Power to release any such lot or
portions thereof fran such a violation or violations shall be dependent on a
detennination by the Association that sud1 violation or violations are minor.
SrerICfi 32. Roofs. Roofs shall be oonstructed of aspmlt/fiberglass
architectural grade es (minimum weight of three hundred forty (240) pourrls
per square f or cer c tile or certain types of metal roofs which shall be i'v
,2rnrnvPrl Qy the ARB in writing prior to installation. '!he minimum roof pitcl\J.s'::D coo
6/12. No flat roors are permitted without prior written approval of the ARB. [Ailee 0-"
roof colors arxl materials must be ARB approved. Wood or Shake roofs :are --J ~ ~
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SrerICfi 33. unde.rgrouOO utilities. OWners must install undergr~ ~
utilities. Above grourrl utility lines are prohibited. . ~ C> n
SrerICfi 34. ~ Back Lines and sidewalh1. _ Iince the establishInent?o~ ~~
standard inflexible J:::uildmg set back lines of location of houses on lDts ten::}-
to force construction of houses both directly and behind and directly to the side
of other homes with detrimental effects on privacy, preservation of intx>rtant
trees, et. cetera, no SPeCific set back lines are established by these covenants
except that set back lines shall be no less than the minimum requirements
established from time to time by Seminole county, Florida. In order to assure,
however, that location of houses will take into oonsideration the preservation
of large trees and similar oonsiderations, the ARB shall have the right to
control al::solutely, am to solely decide the precise site am location of any
h~ or dwelling or other structure upon the Property. Minimum setbacks are
-twenty (20) feet on ead1 side yard, thirty (30) feet rear yard, thirty-five .u.a
feet from edge of the road on the front yard am twenty-five feet from the limit
of wetlarxls. ~N~.3 6-1
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SrerICfi 1. General Intent. It shall be the intent am purpose of these
restrictions am covenants to maintain am enhance certain areas designated am
shown on plats hereafter filed for reoord in the Office of the Clerk of the Court
of Seminole county, Florida with reSPeCt to the Property as open space areas,
parks or Common Properties.
ARTICLE IX
~ RES'mICTICHJ Alflf.tX:J.'.l..OO 0Pm SP1\CE ARE1\S AND
c:x:Hom PROPmTIEBII :namrm GREEJ{ BELT ARE1\S AND PARRS
SrerICti 2. Riqht of MATI~rs. To insure that lam designated as open space
areas, green belt areas am Cormnon Properties will remain undeveloped am
natural, a license for open space is hereby granted to the Members of the
Association am no OWner of a I.Dt and Living Unit shall fence any portion of the
open space areas, green belt areas or Camnon Properties or place a hedge thereon
or cause the same to become ol:structed in any manner whatsoever.
SrerICfi 3. lBuildincrsJ It is expressly urrlerstood and agreed that no
bJ.ilc1ing, tent, traller or other structure, either t.e:rrporary or permanent, except
as noted elsewhere herein and except as may be amrnvPd ny t-h~ Board of Directors
of the Association, shall be erected or caused to be placed on any larxls shown-
arxl set aside on a reoorded sulrlivision plat as a green belt area, open area,
park or common Property on plats hereafter filed for reoord in the Office of the
Clerk of the Court of Seminole county, Florida with respect to the Property. ' I
SrerICfi 4. Trash. No duITping of trash, garbage, sewage, sawdust or any
unsightly or offensive material shall be placed upon the open space areas, green
belt areas, parks or Cormnon Properties except as is tenporary and incidental to
the bona fide inprovement of the area in a manner oonsistent with its
classification as open space area.
SrerICfi 5. Association Maintenance of Retention and o:moon Areas. '!he
Areas shown as retention areas am cormnon areas, on the Plat of GRAND RESERVE,
are common Areas as defined in Section 1 (hereinafter oollectively referred to
as ''Water Management Areas"). '!he Water Management Areas shall be the perpetual
responsibility of the Assoc:iation am may in no way be altered from its natural
Page 14 of 18 Pages
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state. Activities prohibited within Conservation Areas and Retention Areas
include, rot are not limited to, (i) construction or placing of l::uildings on or
above ground; (ii) durrping or placing. of soil or other sul::stances such as trash;
(iii) rE!lTOVal or destruction of trees, sll.rUh:; or other vegetation with the
exception of exotic vegetation rE!lTOVal; (iv) excavation, dredging or rE!lTOVal of
soil material; (v) diking or fencing.
srerICfi 6. Retention am o:moon Areas EasEment. '!here is hereby reserved
and granted to the Developer, the Association, and the st. Johns River Water
Management District, their agents, E!l'I1?loyees, successors and assigns, the right
and privilege to enter over, upon and across those areas designated as retention f'0
areas and cormnon areas ("Camnon Areas," and "Retention Areas") on the Plat of CO
GRAND RESERVE for the purPOSe of maintenance of said Areas. '!he righ~ CO
privileges and easements granted by this Section may be assigned by the Devel~ -..J
of the Asscx:::iation to the County of Seminole, Florida, in the event a Munici~
Service Taxing Unit (MSIU) is established to provide for the operation cin:l
maintenance of the Retention Area. '!he rights, privileges and easements gran~ 0
by this: Section shall not be exercised in a manner inconsistent tb -ff{e m
establishment and operation of an MSIU. ~ CX>
srerICfi 7. SWale Areas. Each homeowner shall be responsible for the N
maintenance, operation, and repair of the swales on the homeOwner's property.
Maintenance, operation, and repair shall mean the exercise of practices, such as
mowing and erosion repair, which allow the swales to provide drainage, water
storage, conveyance or other stormwater rranagement capabilities as pennitted by
the st. Johns River Water Management District. Filling, excavating, or other
o1:structing the surface water flow in the swales is prohibited. If swale is
altered in any way, the lot OWner(s) is responsible for the alterations and must,
at Owners sole expense, return said swale to the original cotrlition as found on
the sealed "as l::uilts".
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srerICfi 8. Maintenance of stormwater SysteIil. st. John's pennit #40-117-
0238A requires that an insPection be performed by an appropriate professiogal who
signs and seals the report sent to st. Johns River Water Management DIstrict
every two years after the Operation Phase on the pennit becomes effective.
Reference st. Johns River Water Management District fonn EN-46.
ARTICLE X
GmmAL PROY'ISICHI
SrerICfi 1. Duration. '!he covenants and restrictions of this Declaration
shall nm with and bind the land, and shall inure to the benefit of and be
enforceable by the Association, or the OWner of any Lot subject to this
Declaration, their representatives, legal representatives, heirs, successors and
assigns, for a term of twenty (20) years from the date this Declaration is
recorded, after which time said covenants shall be autanatically extended for
successive periods of the (10) years.
SrerICfi 2. Notices. Arrj 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 Member or OWner on the records of the Association at the time of such mailing.
srerICfi 3. Enforcenent.
(a) In the event of a violation of or failure to comply with the
provisions of the Declaration of Covenants, Corrlitions and Restrictions, and the
failure of the OWner of the affected lot, within ten (10) days following written
notice by the Association of such violation or non-cornpliance and the nature ,I
thereof, to cure or remedy such violation, then the Developer, its successors or
assigns and licensees, and/or the Association (acting through its Board of
Directors) or its duly appointed employees, agents or' contractors, shall have and
are SPeCifically granted the right and privilege of an easement and license to
enter upon the affected lot or any portion or portions thereof or Inprovernents
thereon, without being guilty of any trespass therefor, for the purpose of
undertaking such acts or actions as may be reasonably necessary to cure or
eliminate such violation, including injunctive relief; all at the sole cost and
expense of the OWner of the affected Lot. SUch costs and expenses, together with
an overhead expense to the Association of fifteen percent (15%) of the total
amount thereof shall be assessed by the Association as an Irrlividual lot
..Assessment as provided in this Declaration to the affected lot and the OWner
Page 15 of 18 Pages
thereof. Arr:l such Individual lot Assessment shall be payable by the owner of the
affected lot to the Ass<:x::iation within ten (10) days after written notice of the
amount thereof. Arr:l such Individual Assessment not paid within said ten (10) day
period shall become a lien on the affected IDt in accordance with the provisions
of this Declaration. Reasonable fines in accordance with laws governing
Ass<:x::iations, may be established by the Board of Directors am some fines are
established herein, as set forth in Articles VI, VII, VIII and X.
(b) '!he Ass<:x::iation, acting through its Board of Directors, am/or
the Developer shall have the right to enforce, by a proceedin;J at law or in
equity, all restrictions, conditions, covenants, reservations, liens, and other" .
changes now or hereinafter inposed by the provisions of this Declaration.:~
Failure by the Ass<:x::iation to enforce any covenant or restriction her~ CO
contained shall in no event be deemed a waiver of the right to do so thereafter. -.J
If the Ass<:x::iation shall fail to enforce any covenant or restriction h~
contained, then, after giving sixty (60) days, written notice to the Ass<:x::iation,
any lot owner may proceed if the Ass<:x::iation has not done so within said s0}r
(60) day period. . ~ C>
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(c) '!he st. Jolms River Water Management District shall have the :- Q)
right to enforce, by a proceeding at law or in equity, the provisions containecJ.,.>
in this Declaration which relate to the maintenance, operation and repair of the
surface water or stormwater management system.
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S~CIl 4. Easement Reserved unto Develaper over Lots. '!he Developer
hereby reserves unto itself an easement of ingress and egress over, upon, under
and across all IDts as shown on any recorded subdivision plat of the Property and
such easement shall include, rot shall not be limited to the right to use the
said green belt area to erect, maintain and use electric and telephone poles,
wires, cables, corrluits, sewers, water mains and other suitable equipnent for the
conveyance and use of electricity, telephone equipnent, gas, sewer, water or
other public conveniences or utilities and the right to cut any trees, Wshes or
shrubbery, make any gradings of the soil, or take any other similar tlction
reasonably necessary to provide economical and safe utility installation and to
maintain reasonable standards of health, safety and aRJearance and the right to
locate wells, purnp~ stations and tanks; provided, however, that said
reservdtion and right shall not be considered an obligation of the Developer to
provide or maintain any such utility or service.
~CIl 5. Severabilitv. Invalidation of any one of these covenants or
restrictions by Judgment or Court Order shall in no wise affect any other
provisions which shall remain in full force and effect.
S~CIl 6. SUbdivision of Lots. No IDt shall be sutdivided, or boundaries
changed except with the written consent of the Ass<:x::iation.
SrerICti 7. 1\mendment by DeveloPer.
(a) So long as the Developer owns one lot in GRAND RESERVE
notwithstanding anything to the contrary contained herein, Developer shall have
the right to amend this Declaration without the consent, approval or joinder of
any other perSon or OWner subject to (b) below.
(b) Arrj amerrlrnent to. the Covenants and Restrictions which alter the
surface water or stann water management system, beyond maintenance in its
original condition, including the water management portions of the corranon areas,
must have the prior approval of the st. Jolms River Water Management district.
(c) '!he antenlment of this Declaration, the Articles of Incorporation or
Bylaws of the Ass<:x::iation need be signed and acknowledged only by the Developer
and need not be awroved by the Ass<:x::iation or lot OWners or lienors or
mortgagees of IDts, whether or not elsewhere required for an antenlment.
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(d) All amerrlrnents hereto will be recorded in the Public Records of
Seminole County, Florida.
S~Cti 8. 1mIetXIments by Association. After turnover of control of the
Ass<:x::iation by the developer, this Declaration of Covenants and Restrictions may
be altered by a majority vote of the Board of Directors of the Ass<:x::iation and
the owners and any such amerrlrnent shall thereafter be recorded in the Public
Page 16 of 18 Pages
Records of Seminole County, Florida, and shall thereupon become a part of this
Declaration of Covenants and Restrictions as though the same were first set out
herein, unless otherwise specified in this doet.nnent.
ARrICLE XI
SURF1\CE 1mTER em. S'REMWATm ~ SYBTF.H
~Cft 1. Definitions. SUrface Water or stonnwater Management System
means a system which is designated and constructed or implemented to control
discharges which are necessitated by rainfall events, incorporating methods to
collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or
reduce flooding, overdrainage, envirornnental degradation, and water pollution or
otherwise affect the quantity and quality of discharges from the systems as
permitted pursuant to O1apters 40C-4, 4OC-40, or 4OC-42, F.A.C. :',,)
(f) CO
BrerICfi 2. Use of Property. 'Ihe Association shall be responsible for tIle CO
maintenance, operation and repair of the surface water or storrnwater manag~t -.J
system. . Maintenance of the surface water or storrnwater management systeIl\l{S)
shall mean the exercise of practices which allow the systems to provide draina~,
water storage, conveyance or other surface water or storrnwater manag~t C)
capabilities as permitted by the st. Johns River Water Management District. ~ecn
Association shall be responsible for such maintenance and operation. Any re~ CO
or reconstruction of the surface water or storrnwater management systems shall be.::-
as permitted, or if modified as approved by the st. Johns River Water management
District.
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~Cfi 3. lm1e1'.dment. Arrj amerrlment to the Covenants and Restrictions
which alter the surface water or storrnwater management system, beyond maintenance
in its original condition, including the water management portions of the common
areas, must have the prior approval of the st. Johns River Water Management
District.
ARl'ICLE XII
CXHrmUCTICft OF RESm~
BrerICft 1. M.aJmtory Construction. Each lot OWner, their successors or
assigns shall have twenty-four (24) months from the date of recording the deed
from the developer to the initial owner of the lot to corrnnence construction of
a single family residence on the lot. Each lot owner by the acceptance of a deed
to a lot in GRAND RESERVE thereby covenants and agrees that the developer has the
right to purchase from such lot owner the lot for the purchase price paid to the
~eveloper by the lot owner less five percent (5%) of the purchase price which
sums represents the closing costs and expenses paid by the developer at the
original closing, at developers option. If the developer elects to repurchase
the lot due to the lot owners failure to commence construction wi thin the
permitted twenty-four (24) month time Period then the developer shall notify the
lot owner of the date, time and place of closing and at the closing the lot owner
shall execute and deliver a statutory Warranty Deed conveying the lot to the
developer free and clear of all liens and encumbrances except those set forth in
the contract for sale and purchase between the developer and the original lot
owner and a No Lien and FIRPI'A Affidavit. At the closing developer shall pay the
purchase price to the lot owner by certified check. 'Ihere shall be no prorations
other than real property taxes. 'Ihe developer shall pay the cost of recording
the deed and doct.nnentary stamps thereon. 'Ihe lot owner shall pay the cost of
preParation and recording of any corrective instruments required to correct the
title to the property.
In the event the developer shall elect to exercise its option to purchase
a lot for the failure of the lot owner to commence construction within the
permitted twenty-four (24) month Period described herein and the lot owner shall
refuse to convey the lot to the developer as described herein, the parties
covenant and agree that the developer shall be entitled to specific Performance
of this provision and to an order or judgment at law or in equity for the lot
owners failure to convey the lot to the developer as set forth in this Article
XII.
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commencement of construction shall mean the issuance of a wilding penni t
by the. appropriate goverrnnental agency and commencement of construction. 'Ihe
clearing of the lot shall not constitute comrnencernent of construction for the
purposes of this Article XII.
Page 17 of 18 Pages
.. .
'!he permitted ti1ne period of twenty-four (24) months to cammence
construction may be extended for acts of God, strikes, labor or material
shortages or any such event that would support a defense of impossibility of
performance under Florida Law.
ARl'ICLE XIII
CITY OF WINl'm Bl'RIlm AUTHaUTY
SECTICfi 1. Notwithstanding any other provlslons contained herein, the
Developer/Association/Homeowners shall notify the city before recording any
amendment to these documents and shall furnish the city with a copy of recorded
documents for their files.
SECTICfi 2. '!he city of winter Springs is a third party beneficiary with
the right to hereby enforce these documents or any provision thereof.
SECTICfi 3. Nothing contained herein pennits or authorizes any violation
to or deviation from, Federal, state, or city Law, statute Ordinance or Code.
IN WI'I.'NE.SS WHEREXlF, the und~gned, being-Gl Developer
hereunto set its hand and seal the . day of ~
Signed, Sealed and Delivered GRAND RESERVE, ~.,
In Presence of: a Florida corporation
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By;,;)/!. E fA (;lfl /..-- '
'IHCMAS E. WASDlli, President
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STATE OF F1P~1 l
CX)UN!'Y OF ~I () ( I a v.-l
'!he foregoing instnnnent was acknowledged before me this :(;).. day of _
kbrfAt1(V(, 1995, by '1"IIamS E. W2\SDIN, President of GRAND RESERVE, ~., a Florida
corporation, to me Jmown or who has produced as
identification, and who did/did not take an oath, that he executed such
instnnnent and that said instnnnent is the free act and deed of said corporation.
WI'I.'NE.SS my hand and official seal this
Y PUBLIC, SI'ATE OF FIDRIDA
My Commission Expires:
1995.
J11l1di~d~_rs~yJ -~
!print, Type, or St~!!l,;' CO:1lin:c,s:oned ~,ame of NotJry Public)
I> I'" l.c-I' I" CI'''C!I,ICd identification 0
,-crsona ;y 1\110':."1"1 ~ .~,~~ I '--'
Type of I. D. Produced
ANNETTE ANDERSON
NOTARY PUBLIC, STATE OF FLORIDA
My commission expires June 10. 1997
Comrnissic:1 No. C C 2 8 1 4 4 8
Bonded tl1ru Patterson - Becht Agency
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grandres\declarat
Page 18 of 18 Pages