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DECLARATION
OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS
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GULF~~~~~E~g~~~~~ogOR~ade og ihe date herein~fter set forth by
B 1 . ., a e aware corporatlon doing business
as ~ -A1re Homes, successor by merger to Bel-Aire
Florlda corporation, hereinafter referred to as IIDe~~:~:;t~~c., a
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WIT N E SSE T H:
Cit WHERE~S, Decla~ant is the owner of certain property in the
'~'YhO~ Wlnter Spr~ngs, County of Seminole, State of Florida
lC 1S more partlcularly described as: '
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P NOWt.THERdEFOR~b' dDecblarant hereby declares that all of the ~
roper les escrl e a ove sha~l be hQld sold . ~
ject to the following easements. re:;;~;ict" and conveyed sub",
. .' " . ~ons, cover"~n"'<:: and ("')
condl tlons, '",hlCh are for the purpes~of P~".... . ...... ,\..~ 1 <::)
and desirability of, and which shall rUh\vith, ~~!:1.<.l. tne value ~
and shall be binding on all parties having any right;-ll~~~pert~
interest in the described properties or any part thereof, theTr
heirs, successors and assigns, and shall inure to the benefit of
each owner thereof.
~ee Exhibit "A" attached hereto and
lnc0rporated herein by reference.
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ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to OAK FOREST
UNIT EIGHT HOMEOWNERS' ASSOCIATION, INC., a Florida corporation,
not for profit, its successors and assigns.
Section 2. "Common 'Area" shall mean all real property
(including the improvements thereto) owned by the Association for
the common benefit of the owners. The Common Area to be owned by
the Association at the time of the conveyance of the first Lot is
described as follows:
Tract A, Tract B, Tract C, Tract D and Tract E -
according to the Plat of Oak Forest Unit ~- ~4
Eight, recorded in Plat Book 41-, Page J!r:}'21) 5) -./
Public Records of Seminole County, Florida.
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Section 3. "Declarant" shall mean and refer to GULFSTREAM
HOUSING CORP., a Delaware corporation doing business as Bel-Aire
Homes, successor by merger to Bel-Aire Homes, Inc., a Florida
corporation, its successors and assigns, if such successors or
assigns should acquire more than one undeveloped Lot from the
Declarant for the purpose of development.
Section 4. "Lot" shall mean and refer to any plot of land
shown upon any recorded subdivision map of the Properties with
the exception of the Common Area.
Section 5. "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of a fee simple title to~
any Lot which is a part of the Properties, including contract ~
sellers, but excluding those having such interest merely as ~
security for the performance of an obligation. ~
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Section 6. "Properties" shall mean and refer to that certain P
real property hereinbefore described, and such additions thereto ~
as may hereafter be brought within the jurisdiction of the Asso- .
ciation.
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ARTICLE II
PROPERTY RIGHTS
Section 1. Owners' Easements. Every owner shall have a right
and nonexclusive easement in and to the Common Area which shall
be appurtenant to and shall pass with the title to every Lot,
subject to the following provisions:
(a) The right and duty of the Association to levy
Assessments against each Lot for the purpose of main-
taining the Common Areas and facilities in compliance
with the provisions of this Declaration and with the
restrictions on the Plats of portions of The Properties
from time to time recorded.
(b) The right of the Association to suspend the
Owner's (and his permitees') voting rights for any
period during which any Assessment against his Lot
remains unpaid and for a period not to exceed sixty (60)
days for any infraction of lawfully adopted and
published rules and regulations.
(c) The right of the Association to adopt at any
time, and from time to time, and enforce rules and regu-
lations governing the Common Areas, including the right
to fine Members as hereinafter provided. Any rule
and/or regulation so adopted shall apply until rescinded
or modified as if originally set forth at length in this
Declaration.
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(d) The right of the Association to dedicate or
transfer all or any part of the Common Area to any
public agency, authority, or utility for such purposes
and subject to such conditions as may be agreed to by
the members. No such dedication or transfer shall be
effective unless an instrument agreeing to such dedica-
tion or transfer signed by two-thirds (2/3) of each
class of members has been recorded.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every owner of a Lot which is
subject to assessment shall be a member of the Associa-
tion. Membership shall be appurtenant to and may not be
separated from ownership of any Lot which is subject to
assessment.
Section 2. Voting Rights. The Association shall have two
(2) classes of voting membership:
Class A. Class A members shall be all Owners, with
the exception of the Declarant, and shall be entitled to
one (1) vote for each Lot owned. When more than one
person holds an interest in any Lot, all such persons
shall be members. The vote for such Lot shall be exer-
cised as they determine, but in no event shall more than
one (1) vote be cast with respect to any Lot.
Class B. The Class B member(s) shall be the
Declarant and shall be entitled to three (3) votes for
each Lot owned. The Class B membership shall cease and
be converted to Class A membership on the happening of
either of the following events, whichever occurs
earlier:
(a) when the total votes outstanding on the
Class A membership equal the total votes out-
standing in the Class B membership, or
(b) on January 1, 1995.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation
of Assessments. The Declarant, for each Lot owned within
the Properties, hereby covenants, and each Owner of any Lot
by acceptance of a deed therefor, whether or not it shall be
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so expressed in such deed, is deemed to covenant and agree
to pay to the Association: (1) annual assessments or
charges, and (2) special assessments for capital improve-
ments, such assessments to be established and collected as
hereinafter provided. The annual and special assessments,
together with interest, costs, and reasonable attorney's
fees, shall be a charge on the land and shall be a con-
tinuing lien upon the property against which each such
assessment is made. Each such assessment, together with
interest, costs, and reasonable attorney's fees, shall also
be the personal obligation of the person who was the Owner
of such property at the time when the assessment fell due.
The personal obligation for delinquent assessments shall not
pass to such person's successors in title unless expressly
assumed by them.
Section 2. Purpose of Assessments. The assessments
levied by the Association shall be used exclusively for the
protection of the health, safety and welfare of the Lot
Owners and the maintenance of the Common Area, including,
but not limited to, the payment of taxes and insurance.
Section 3. Maximum Annual Assessment. Until January 1 of
the year immediately following the conveyance of the first
Lot to an owner, the maximum annual assessment shall
be Three Hundred dollars ($ 300.00 ) per Lot.
(a) From and after January 1 of the year immedi-
ately following the conveyance of the first Lot to an
Owner, the maximum annual assessment may be increased
each year not more than five percent (5%) above the
maximum assessment for the previous year without a vote
of the membership.
(b) From and after January 1 of the year immedi-
ately following the conveyance of the first Lot to an
Owner, the maximum annual assessment may be increased
above five percent (5%) by a vote of two-thirds (2/3) of
each class of members who are voting in person or by
proxy at a meeting duly called for this purpose.
(c) The Board of Directors may fix the annual
assessment at an amount not in excess of the maximum as
stated above.
Section 4. Special Assessments for Capital
Improvements. In addition to the annual assessments author-
ized above, the Association may levy, in any assessment
year, a special assessment applicable to that year only, for
the purpose of defraying, in whole or in part, the cost of
any construction, reconstruction, repair or replacement of a
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capital improvement upon the Common Area, including fixtures
and personal property related thereto, provided that any
such assessment shall have the assent of two-thirds (2/3) of
the votes of each class of members who are voting in person
or by proxy at a meeting duly called for this purpose.
Section 5. Notice and Quorum for Any Action Authorized
Under Sections 3 and 4. Written notice of any meeting
called for the purpose of taking any action authorized under
Section 3 or 4 shall be sent to all members not less than
thirty (30) days nor more than sixty (60) days in advance of
the meeting. At the first such meeting called, the presence
of members or of proxies entitled to cast sixty percent
(60%) of all the votes of each class of membership shall
constitute a quorum. If the required quorum is not present,
another meeting may be called subject to the same notice
requirement, and the required quorum at the subsequent
meeting shall be one-half (1/2) of the required quorum at
the preceding meeting. No such subsequent meeting shall be
held more than sixty (60) days following the preceding
meeting.
Section 6. Uniform Rate of Assessment. Both annual and
special assessments must be fixed at a uniform rate for all
Lots and may be collected on an annual, quarterly or monthly
basis.
Section 7. Date of Commencement of Annual Assessments:
Due Dates. The annual assessments provided for herein shall
commence as to all Lots on the first day of the month
following the conveyance of the Common Area; provided, no
lots owned by the Class B member shall be subject to assess-
ments. The first annual assessment shall be adjusted
according to the number of months remaining in the calendar
year and shall be collected at the .time of conveyance of the
subject Lot by the Developer. The Board of Directors shall
fix the amount of the annual assessment against each Lot at
least thirty (30) days in advance of each annual assessment
period. Written notice of the annual assessment shall be
sent to every Owner subject thereto. The due dates shall be
established by the Board of Directors. The Association
shall, upon demand, and for a reasonable charge, furnish a
certificate signed by an officer of the association setting
forth whether the assessments on a specified Lot have been
paid. A properly executed certificate of the Association as
to the status of assessments on a Lot is binding upon the
Association as of the date of its issuance.
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Section 8. Effect of Nonpayment of Assessments: Remedies
of the Association. Any assessment not paid within thirty
(30) days after the due date shall bear interest from the
due date at the rate of six percent (6%) per annum. The
Association may bring an action at law against the Owner
personally obligated to pay the same, or foreclose the lien
against the property. No owner may waive or otherwise
escape liability for the assessments provided for herein by
abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages. The
lien of the assessments provided for herein shall be subor-
dinate to the lien of any first mortgage. Sale or transfer
of any Lot shall not affect the assessment lien. However,
the sale or transfer of any Lot pursuant to mortgage fore-
closure or any proceeding in lieu thereof, shall extinguish
the lien of such assessments as to payments which became due
prior to such sale or transfer. No sale or transfer shall
relieve such Lot from liability for any assessments there-
after becoming due or from the lien thereof.
ARTICLE V
PROPERTY RIGHTS IN THE COMMON AREAS/OTHER EASEMENTS
Section 1. Platted Easements. Easements for installa-
tions and maintenance of utilities and drainage facilities
are reserved as shown on the recorded plat. Within these
easements, no structure, planting or other material shall be
placed or permitted to remain which may damage or interfere
with the installation and maintenance of utilities, or which
may change the direction of a flow of drainage channels in
the easements, or which may obstruct or retard the flow of
water through drainage channels in the easements. The ease-
ment area of each Lot and all improvements in it shall be
maintained continuously by the Owner of the Lot, except for
those improvements for which a public authority or utility
company is responsible.
Section 2. Maintenance. The Association shall at all
times maintain in good repair and manage, operate and
insure, and shall replace as often as necessary, the Common
Areas and the drainage structures (including but not limited
to all vertical control structures), landscaping, signs,
improvements, and other structures (except utilities)
situated on the Common Areas, if any, all such work to be
done as ordered by the Board of Directors of the Associa-
tion. Without limiting the generality of the foregoing, the
Association shall assume all of Developer's responsibility
of any kind to any applicable governmental authority with
respect to the Common Areas and shall indemnify and hold the
Developer harmless with respect thereto. All work pursuant
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to this Section and all expenses incurred hereunder shall be
paid for by the Association through Assessments (either gen-
eral or special) imposed in accordance herewith. No Owner
may waive or otherwise escape liability for Assessments by
abandonment of his Lot.
Section 3. Utility Easements. Use of the Common Areas
for utilities, as well as use of the other utility easements
as shown on relevant plats, shall be in accordance with the
applicable provisions of this Declaration. The Developer
and its designees shall have a perpetual easement over, upon
and under the Common Areas for the installation and mainte-
nance of electric, power, gas, sewer, water, community
and/or cable television and security and other communication
lines, equipment and materials and other similar underground
television, radio and security cables for service to the
Lots and other portions of The Properties.
Section 4. Public Easements. Fire, police, health and
sanitation, park maintenance and other public service per-
sonnel and vehicles shall have a permanent and perpetual
easement for ingress and egress over and across the Common
Areas.
Section 5. Ownership. As shown on the Plat, the
Greenbelt, Drainage and Conservation Areas of the Common
Areas are hereby dedicated, non-exclusively, to the joint
and several use, in common of the Owners of all Lots that
may from time to time constitute part of The Properties, for
greenbelt, drainage and conservation purposes. The
Greenbelt, Drainage and Conservation Areas of the Common
Areas (or appropriate portions thereof) as shown on the
Plat, shall, at the time of the conveyance of the first Lot
(or at any time and from time to time at the sole election
of the Developer), be conveyed to the Association, which
shall accept such conveyance. The Association is hereby
granted an easement over and across all Lots for access of
personnel and equipment to maintain, repair, renovate or
construct improvements upon, or achieve the objectives of
Article V, Section 3 hereof, upon all parts and parcels of
the Common Areas. Beginning from the date these covenants
are recorded, the Association shall be responsible for the
maintenance of such Common Areas (whether or not then con-
veyed or to be conveyed to the Association), such mainte-
nance to be performed in a continuous and satisfactory
manner. It is intended that all real estate taxes, if any,
assessed against that portion of the Common Areas owned or
to be owned by the Association shall be proportionally
assessed against, and payable as part of, the taxes of the
applicable Lots within The Properties. However, in the
event that, notwithstanding the foregoing, any such taxes
are assessed directly against the Common Areas, the Associa-
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tion shall be responsible for the payment of the same,
including taxes on any improvements and any personal
property located thereon, which taxes accrue from and after
the date these covenants are recorded, and such taxes shall
be prorated between Developer and the Association as of the
date of such recordation. Developer shall have the right
from time to time to enter upon the Common Areas and other
portions of The Properties for the purpose of construction,
reconstruction, repair, replacement and/or alteration of any
improvements or facilities on the Common Areas or elsewhere
on The Properties that Developer elects to affect, and to
use the Common Areas and other portions of The Properties
for sales, displays and signs or for any other purpose
during the period of construction and sale of any portion of.
The Properties. Without limiting the generality of the
foregoing, the Developer shall have the specific right to
maintain upon any portion of The Properties sales, admin-
istrative, construction or other offices without charge, and
appropriate easements of access and use are expressly
reserved unto the Developer and its successors, assigns,
employees and contractors, for this purpose. Any obligation
to complete portions of the Common Areas shall, at all
times, be subject and subordinate to these rights and ease-
ments and to the above-referenced activities. Accordingly,
the Developer shall not be liable for delays in such comple-
tion to the extent resulting from the above-referenced
activities. The Common Areas cannot be mortgaged.
Section 6. Other Easements. Easements are reserved over
each Lot and the Common Areas in favor of each other Lot and
the Common Areas in order to permit drainage and run-off
from one Lot (and its improvements) to another or to the
Common Areas or from the Common Areas to any Lot or Lots.
Section 7. Area and Setbacks Restrictions. No building
shall be constructed on a plot having an area of less than
seventy-five hundred (7,500) square feet, and such plot
shall be not less than seventy-five (75) feet in width at
the front building setback line. No dwelling shall be
erected nearer than twenty-five (25) feet to the front lot
line nor farther than forty (40) feet from the front lot
line. No building shall be erected nearer than seven and
one-half (7.5) feet to any interior lot line. No dwelling
shall be erected nearer than fifteen (15) feet to the side
lot line on a corner lot adjacent to the street. No fence
or wall shall be erected, placed or altered on any Lot
nearer to any street than the minimum setback restrictions
of the applicable provisions of the City Code of the City of
Winter Springs, State of Florida, in effect at the time of
said construction. It shall be the Lot Owner's responsi-
bility to verify compliance with said Code.
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Section 8. Maintenance of the Surface Water Treatment and
Management Facility. The Association shall at all times
maintain in good repair, and manage, operate and insure the
surface water treatment and management facility, in
accordance with the conditions to be established by the
permit issued by the St. Johns River Water Management
District in accordance with the Technical Staff Report and
recommendations contained therein.
Section 9. Drainage and Utility Easements. All Lots
shall have drainage and utility easements along the rear
portion and side portion of said Lots (except adjacent to
street rights of way or as otherwise shown on the plat), in
accordance with the provisions of the plat, for the purpose
of drainage and utilities. There shall be no structures of
any kind, including fences, patios, pools, maintenance sheds
or any other structures constructed on the easement. All
vegetation shall remain, with the only clearing allowed to
be for the construction of the berms and drainage
structures. This easement will be maintained by the Lot
Owner. The Association will have the right to enter said
easement to maintain the drainage.
ARTICLE VI
CERTAIN RULES AND REGULATIONS
Section 1. Applicability. The provisions of this Article
VI shall be applicable to all of The Properties but shall
not be applicable to the Developer or property owned by the
Developer.
Section 2. Land Use and Building Type. No Lot shall be
used except for residential purposes. No building"con-
structed on a Lot shall be used except for residential pur-
poses. No building shall be erected, altered, placed or
permitted to remain on any Lot other than one single-family
home. Temporary uses by Developer for model homes, sales
displays, parking lots, sales offices and other offices, or
anyone or combination of such uses, shall be permitted
until permanent cessation of such uses takes place. No
changes may be made in buildings erected by the Developer
(except if such changes are made by the Developer) without
the consent of the Architectural Control Board as provided
herein.
Section 3. Nuisances. No noxious, offensive or unlawful
activity shall be carried on upon The Properties, nor shall
anything be done thereon which may be or may become an
annoyance or nuisance to other Owners.
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Section 4. Temporary Structures. No structure of a temp-
orary character, or trailer, tent, mobile home, motor home,
or recreational vehicle, shall be permitted on The
Properties at any time or used at any time as a residence,
either temporarily or permanently, except by the Developer
during construction.
Section 5. Signs. No sign of any kind shall be permitted
to be placed inside a home or on the outside walls of the
home or on any fences on The Properties, nor on the Common
Areas, nor on dedicated areas, if any, nor on entryways
within The Properties, except such as are placed by the
Developer.
Section 6. Pets, Livestock and Poultry. No animals,
livestock or poultry of any kind shall be raised, bred or
kept on any Lot, except domestic pets; provided such domes-
tic pets are not kept, bred or maintained for any commercial
purpose and provided that it does not become a nuisance or
annoyance to any neighbor. No dogs or other pets shall be
permitted to have excretions on any Common Areas, and Owners
shall be responsible for the clean-up of any such improper
excretions.
Section 7. Visibility at Intersections. No obstruction
to visibility at street intersections or Common Area inter-
sections shall be permitted. No fence, wall, hedge or shrub
planting which obstructs sight lines at elevations between
two (2) and six (6) feet above the roadways shall be placed
or permitted to remain on any corner lot within the triangu-
lar area formed by the street property lines and a line
connecting them at points twenty-five (25) feet from the
intersection of the street lines, or in the case of a
rounded property corner from the intersection of the street
property lines extended. The same sight line limitations
shall apply on any lot within ten (10) feet from the inter-
section of a street property line within the edge of the
driveway or on any lot within ten (10) feet from the inter-
section of a street property line with the edge of a drive-
way or alley pavement. No tree shall be permitted to remain
within such distances of such intersections unless the
foilage line is maintained at sufficient height to prevent
obstruction of such sight lines.
Section 8. Architectural Control. No building, fence,
wall or other structure shall be commenced, erected or main-
tained upon the Properties, nor shall any exterior addition
to or change or alteration therein be made until the plans
and specifications showing the nature, kind, shape, height,
materials, and location of the same shall have been sub-
mitted to and approved in writing as to harmony of external
design and location in relation to surrounding structures
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and topography by the Board of Directors of the Association,
or by an architectural committee composed of three (3) or
more representatives appointed by the Board (the
"Architectural Control Board"). In the event said Board, or
the Architectural Control Board, fails to approve or dis-
approve such design and location within thirty (30) days
after said plans and specifications have been submitted to
it, approval will not be required and this Article will be
deemed to have been fully complied with. Where a building
has been erected or the construction thereof is substan-
tially advanced and it is situated on any Lot in such manner
that same constitutes a violation or violations or any of
the above Covenants, said Developer, its successors and/or
assigns, shall have the right at any time to release such
lot or portions thereof from such part of the said provi-
sions of any said Covenants as are violated: provided, how-
ever, that said Developer, it successors and/or assigns,
shall not release a violation or violations of any said
Covenants except as to violations they, in their sole dis-
cretion, determine to be minor, and the power to release any
such Lot or portion thereof from such a violation or viola-
tions shall be dependent on a determination by them that
such violation or violations are minor.
ARTICLE VII
GENERAL PROVISIONS
Section 1. Duration. The covenants and restrictions of
this Declaration shall run with and bind The Properties, and
shall inure to the benefit of and be enforceable by the
Developer, the Association, the Architectural Control Board
and the Owner of any land subject to this Declaration, and
their respective legal representatives, heirs, successors
and assigns, for a term of fifty (50) years from the date
this Declaration is recorded, after which time said cove-
nants shall be automatically extended for successive periods
of ten (10) years each unless an instrument signed by the
then Owners of seventy five percent (75%) of all the Lots
subject hereto has been recorded, agreeing to revoke said
covenants and restrictions. Provided, however, that no such
agreement to revoke shall be effective unless made and
recorded three (3) years in advance of the effective date of
such revocation, and unless written notice of the proposed
agreement is sent to every Owner at least ninety (90) days
in advance of any action taken.
Section 2. Enforcement. The Association, or any Owner,
shall have the right to enforce, by any proceeding at law or
in equity, all restrictions, conditions, covenants, reserva-
tions, easements, liens and charges now or hereafter imposed
by the provisions of this Declaration. Failure by the
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Association or by an Owner to enforce any covenant or
restriction herein contained shall in no event be deemed a
waiver of the right to do so thereafter.
Section 3. Severability. Invalidation of anyone 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.
Section 4. Amendment. In addition to any other manner
herein provided for the amendment of this Declaration, the
covenants, restrictions, easements, charges and liens of
this Declaration may be amended, changed or added to at any
time, and from time to time, upon the execution and recorda-
tion of an instrument executed by the Developer alone, for
so long as it holds title to any Lot affected by this
Declaration: or alternatively by approval at a meeting of
Owners holding not less than 66 2/3% vote of the membership
in the Association, provided, that so long as the Developer
is the Owner of any Lot affected by this Declaration, the
Developer's consent must be obtained if such amendment, in
the sole opinion of the Developer, affects its interest. No
dedication of the Common Areas or amendment of this Declara-
tion may occur without FHA/VA approval for so long as there
is any Class B membership in the Association. Dedication of
the Common Areas or amendment of this Declaration may occur
without FHA/VA approval, if only Class A Association member-
ship exists. The foregoing may not be amended.
Section 5. Covenants Running With The Land. ANYTHING TO
THE CONTRARY HEREIN NOTWITHSTANDING AND WITHOUT LIMITING THE
GENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 1
HEREOF, IT IS THE INTENTION OF ALL PARTIES AFFECTED HEREBY
(AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES,
SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND
RESTRICTIONS SHALL RUN WITH THE LAND AND WITH TITLE TO THE
PROPERTIES. WITHOUT LIMITING THE GENERALITY OF SECTION 3
HEREOF, IF ANY PROVISION OR APPLICATION OF THIS DECLARATION
WOULD PREVENT THIS DECLARATION FROM RUNNING WITH THE LAND AS
AFORESAID, SUCH PROVISION AND/OR APPLICATION SHALL BE JUDI-
CIALLY MODIFIED, IF AT ALL POSSIBLE, TO COME AS CLOSE AS
POSSIBLE TO THE INTENT OF SUCH PROVISION OR APPLICATION AND
THEN BE ENFORCED IN A MANNER WHICH WILL ALLOW THESE COVE-
NANTS AND RESTRICTIONS TO SO RUN WITH THE LAND: BUT IF SUCH
PROVISION AND/OR APPLICATION CANNOT BE SO MODIFIED, SUCH
PROVISION AND/OR APPLICATION SHALL BE UNENFORCEABLE AND
CONSIDERED NULL AND VOID IN ORDER THAT THE PARAMOUNT GOAL OF
THE PARTIES AFFECTED HEREBY (THAT THESE COVENANTS AND
RESTRICTIONS RUN WITH THE LAND AS AFORESAID) BE ACHIEVED.
12
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ARTICLE VIII
GENERAL PROVISIONS REGARDING THE CITY OF WINTER SPRINGS
Section 1. Amendments. Notwithstanding any other provi-
sions contained herein, no amendments may be made to this
document without the prior approval of the City of Winter
Springs, Florida.
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Section 3. Applicability of City Code. Nothing contained P
herein shall be construed to permit or authorize any viola- ~
tion of or deviation from the City Code, City of Winter .
Springs, Florida.
Section 2. Third Party Beneficiary. The City of Winter
Springs is intended to be a third-party beneficiary hereof,
with the right to legally enforce this document.
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IN WITNESS WHEREOF, the undersigne~ has hereunto set
its hand and seal this ~ day of ---HU&US.--r , 1989.
"DECLARANT"
Signed, sealed and delivered
in the presence a
GULFSTREAM HOUSING CORP., a Delaware
corporation doing business as Bel-Aire
Homes, successor by merger to Bel-Aire
Homes, Inc., a Florida corporation
~~ ~~o-.__'~,
STATE OF FLORIDA
COUNTY OF SEm:r.nJOL 6-
By:
~
Its V \ C"i: President
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, ~. P. d?> LAX/? , as VUI: President
of GULFSTREAM HOUSING CORP., a Delaware corporation doing busi- .
ness as Bel-Aire Homes, successor by merger to Bel-Afre Homes,\
Inc., a Florida corporation, to me well known to be the person]
described in and who executed the foregoing instrument and he)A
acknowledged before me that he executed the same for ,the purpd'9'es........ t, ,
therein expressed. ,,~~11 ~ If t"v....,'.
'..'..... . I" '.
"0 ,v'o'
WITNESS my hand and official seal in the County and .stat"e /l~......a...\
last aforesaid, this .2.Li.L day of AUl,us'- Ilf'iR ::.... 7'<;<.- 'll... '? ~ ~ :
Z2 ~ ' 1>-' 0.-' 'u :
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k /?JtO~, C/v../~:/
Notary PUb~ic, State ot Flor'14lt.:I,\ici ",.",
My commission expires :~f "" ...~.~.:,
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13
Notary PubUc, State of Rorlda at large
My ComrnWslon Expires Ft'b, 19. 1992
Bonded Tht\.l ^p'r. Notary llro"era&e
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