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Home My WebLink AboutJesup's Reserve Townhomes Declaration of Restrictions and Protective Covenants - 2005 12 16. II~N~I~I~N~i~~~/~M~l~lA1~ IMMYIIiE' C.ENt !1' C111iliT f8111'i 141INd,E CaNRY Bll Q16td11 P88 ] 38~ -1 ~ 1 ~ CLERK`S 8 2M52I7876 i i!/16/~ Meili~ pN AEODImI1~ FEES 263.M INicOR1E0 SY l McNi~ly ~~ ~ ~~ ~ ~ ~. ~ ~~~~ ,~ r ~ ~~ ~~ v ~, ~~ v~ Nancy M. Akerma 106 East College Tallahassee, Floor 1 ~o ~~ ~•r~o'rsaa;a) DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS FOR JESL'P'S RESERVE TOWNHOMES Q O 0 Book60441Page1384 CFN#2005217870 TABLE OR CONTENTS Page ARTICLE i. DEFINITIONS .......................................................................................................... ! ARTICLE II. PROPERTY SUBJECT 70 THIS DECLARATION .............................................. 3 Sectio Legal Description .................................................................................................. 3 Secti eveloper's Right to Add Additional Property to or Withdraw Property ............ 3 ARTICI. 1 P'S RESERVE TOWNHOLtES OWNERS' ASSOCIATION ...................... 3 Secti er~ership ..........................................................................................................3 Sectio 'ng Rights ........................................................................................................ 3 Section on Area Ov~•nership ....................................................................................4 Section 4. ers ................................................................................................................... 4 Section 5. Rules egulations .......................................................................................... 4 Section 6. M Consolidation ....................................................................................... 4 Section ?. Ter r of the Association ............................................................................ 5 ARTICLE IV. MAINT E OBLIGATIONS ....................................................................... 5 Section 1. Common aintenance ................................................................................. 5 Section 2. Street Li .................................................................................................... 5 Section 3. Lot Mainten ... 6 .... Section 4. Irrigation Syst .. ... ..... .... .. .. ..... .. 6 ........................................ ................... . Section S, Vegetative Scrocin ng Southern Border of Property ..................................... 6 Section 6. Stottnwater Drttir~cility ............................................................................... 6 Section 7. Drainage Retentio as (DRA's) ...................................................................... 6 Section 8. Surface WaterManag System ..................................................................... 7 Section 4. Drainage Improveme 'n Easements .......................................................... 7 ARTICLE V. ASSOCIATION ASSESS ......................................................................... 7 Section 1. Creation of the Lien and P n ligation for the Assessments ..................... 7 Section 2. General Assessments ............ ..... ..Q............................................................... 8 Section 3. Datc of Commencement of Ge sments; Due Dates ............................. 8 Section 4. Initial Budget ............................... ..... .......................................................... 8 Section 5, Special Assessments ..................... ..,............................................................. 8 Section 6. Trust Funds ......................................... .......................................................... 9 Section 7. Guaranteed Assessments during Gua er' d .............................................. 9 Section 8. Working Capita! Fund ...........................O. ,............................................... l0 Section 9. Assessment Roster and Certificate ......... ........................................................10 Section 10. Collection of Assessment, Effect of Non P , t of Assessments; The Personal Obligation of the Owner; Ten, Remedies of the Association ........................................................ .................................... .10 Section 11. Subordination of rho Lien to First Mortgages.. ~ . .................................... 11 ARTICLE. VI. ARCHITECTURAL CONTROL ....................... .~~-..}~................................ 12 Section 1. Architectural Control .............................................C....//.'».....,..,.............,...... ]2 ;T1.07S1M3;A~ Book6044/Page1385 CFN#2005217870 ARTICLE V11. EASEMENTS ...................................................................................................... 12 Section 1. Members' Easements ..........................................................................................12 Section 2. Easements Appurtenant ...................................................................................... i3 Section 3. Utility Easements ................................................................................................ 13 Section 4. Public Easements ................................................................................................ 13 Section 5. Easements for Encroaclunent ............................................................................. 13 Section 6. Right to Grant or Relocate Easement :::::::::::::::~.:;::;:;;:::;;:;;:::::.:::;.:::::::::::::::.::::: l3 Sectia Association Easement ............... 13 ' asement far Access and Drainage ......... ......... ......... ......... .......... t 4 1RT1CL ENERAL RESTRICTIVE COVENANTS ..................................................... 14 Sccti ability ...................................................................................................... 14 Section Use ............................................................................................................. I4 Section 3 'ng Location ............................................................................................... 14 Section 4. dscap~g of Easements .................................................................................14 Section 5. Nu' 15 Section 6. Te Structures ..................................................~.......................~..............15 Section 7. Sign ............................................................................................................... 15 Section 8. Oil and Mi Operations ................................................................................. 15 Section 9. Animals ............................................................................................... 15 Section 10, Visibilit .ections .................................................................................. 16 Section 11. Parking.... .... .... Section 12. Fences ........... ... .... 16 Section 13. Hedges......... .....................................................................................~,... l6 Section 14. Garbage and T osal ............................................................................. l6 Section 15, Drying Areas ....... ...............................................,..,...................,......,......... 17 Section 16. Gas Containers........... ................................................................................ 17 Section 17. Communication Equ' ........................................................................... 17 Section 18. City Requirement...,... ;~ ........................................................................17 Section 19. Drainage ...................... ........................................................................17 Section 20. Pumping or Draining ........ ......................................................................... 18 Section 21.Leasing ................................. ...0...................................,..................,,..... 18 Section 22. Waterways ............................. .........................,........................................ l8 Section 23. Screen Enclosures ................... ., ........................................................ 18 Section 24, AUey Panting ............................ ..... ...........................................................18 Section 25. Air Conditioning Equipmett ........... ......................................................,. 18 Section 26. Garage Doors .................................. ............................................................18 Section 27. Windows and Sliding Glass Door Tre ................................................ 18 Section 26. Exterior Holiday Decorations ............... ..................................,.................. 18 Section 29. Recreational Equipment ................................. .............................................. !8 ....................................... ARTICLE iX. INSURANCE AND HAZARD LOSSES............p. 19 Section 1. Authority to Purchase: Named Insured .................... ... l9 Section 2. Caverage ............................................................. O................................... t9 Section 3. Premiums ......................................................................... ... 21 Section 4. Association's Power to Compromise Claims ......... . .. ............................ 21 )TLATS013;6) Book6044/Page1386 CFN#2005217870 ARTICLE X. DEVELOPER'S RIGHTS ...................................................................................... 21 Section 1. Sales Activiry ...................................................................................................... 21 Section 2. Replatting ............................................................................................................ 21 Section 3. Utility and Construction Payments andlor Deposits ........................................... 21 Section 4. Developer's Right to Common Areas ................................................................. 22 Section 5. Assignment of Developer Rights ........................................................................ 22 Section 6. Developer Approval of Aoard Action ................................................................. 22 CT,E ORTGAGEES' RIGHTS ................................................................................... 22 S 1. ticesofAction ................................................................................................22 Sec o prioriry .......................................................................................................... 23 Secti tidy to Associatian .......................................................................................... 23 Suction lteability of Article }{I .................................................................................. 23 Section of Mortgagee to Respond ....................................................................... 23 ARTICLE Xll. GENE 1~PROVTSIONS .................................................................................. 23 Section 1. Du t~i,J~........................................................................................................... 23 Section 2, Notill .......................................................................................................... 24 Section 3. Enforc men ................................................................................................... 24 Section 4. Severab' ................................................................................................. 24 Section S. pmendrn .............................................................................................. 24 Section 6. Litigation. ............................................................................................. 25 Section 7. Effective Da~ ......................................................................................... 25 Section 8. Application of v; Conflicts ............................................................................ 25 ~nO ~v O ~~ ~" ~ ~`-~~ S~t,ursoa~:e- iii Book60441Page1387 CFN#2005217870 DECLARATION OR RESTRICTIONS AND PROTECTIVE COVENANTS FOR JESUP'S RESERVE TOWNHOMES THIS DECLARATION (the "Declaration"), made this 13~'' day of ~i~~, 2005, by LEVITY AA'D SONS OF SEMINOLE COUNTY, LLC, a Florida limited liability company ("Developer"), which declares that the real property described in Article II, is and shall be held, t erred, sold, conveyed and occupied subject co the covenants, restrictions, easements, es and liens (sometimes referred to as "covenants and restrictions") set forth herein. Thi on does not and is not intended to create a condominium within the meaning of t ~a Condominium Act, Chapter 718, Florida Statutes. ARTICLE I. O DEFMITIONS The following~i%tds when used in this Declaration (unltss the mntcxt shall prohibit) shall have the following gs: (a) "As "mutts those payments due pursuant to Article V, whether General or Special (a r defined), or a combination thereof. (b) "Associa~n" means JESUP'S RESERVE TOWNHOMES OWNERS' ASSOCiATION~ 1[NC., as corporation not-for-profit. 'The Association is not a condominium association all be subject to the provisions of Chapter 718, Florida Statutes, only if and to the cxte ch provisions ere applicable to residential property owns' associations that ate no miniums. The provisions of this Declaration sha]I not be retroactively affected by 'on enacted or effective subsequent to the date of execution of this Declaration, ex c extent provided by applicable law, (c) "Board of Directors" r~le~3c~oard of Directors of the Association. (d) "Common Areas" means operty dedicated to the Association on Book6044/Page1388 CFN#2005217870 (Tr,p7SO43;r1 the plat of the Property, and any real pro y ise conveyed to or acquired by the Association, and any other interest in re nY acquired by the Association and deemed Common Area either in this Decl r in the instrument of conveyance, together wtith any improvements on such p i luding without limitation any structures, ofTstreet parking areas, street lights, ante features, but excluding any public utility installations thereon. (e) "Common Streets" means the rights- - of all streets, roads, drives, corals, ways and cut-tit-secs within the Property as des in and depicted on the Plat and all paving, curbs and ocher improvements, faciliti purtenances constituting part of the roadway system within the Property, inclu ' t limited to, street lights, traffic control sigtnage and utility lines, conveyed w ion as Common Area pursuant to this Declaration; but, specifically not including lines located within stub rights-of--way as may be owned by private or public utility companies or governmental agencies from time to time providing utility senrices to the Psoperty; and provided, further, that Common Streets shall not include any areas, improvements or facilities from and aRet the dme that such areas, improvements or facilities are dedicated to the County or other appropriate governmental or quasi•govemmental entity. (f) "Developer" means Levitt and Sons of Seminole County, LLC, a Florida limit liability company, its successors and assigns, if such successor or assignee e undeveloped portion of the Property and is designated as such by Developer. D per may make partial or multiple assignments of its rights under this p n, and such assignees shall succeed to the rights of the Developer only to the ezt 'filly provided in the assignment document. "District" means the Water Management District agency created pursuant to Chap , Fl o da Statutes, which has jurisdiction over the Property. (h) eral Assessments" means assessments levied to fund expenses applicable to tubers of the Association and set forth in ARTICLE V.Section 2. of this Declaratio . {i) "I Lender" means any person or entity (1) holding a mortgage encumbering a Lo , hich in the ordinary course of business rnalces, purchases, guarantees or insu a loans, and (3) which is not owned or controlled by the Owner of the Lot enc An Institutional Lender may include, but is not limited to, e federal or stau chartered b or savings end loon association, an insurance company, a reel estate or mortgage i nt trust, a pension or profit sharing plan, a mortgage company'; the Gorernme ational Mortgage Association, the Federal National Mortgage Association, the Fed ome Loan Mortgage Corporation, an agency of the United States or any other gov ~r tal authority, including the Veterans Administration and the Federal Housing Adrnim of the U.S. Department of Housitrg and Urban Development, or aay other simil lender generally recognized as an institutional t)~pe lender. For definitional p an Institutional Louder shall also mean the holder of any mortgage executed by o ap~of Developer, whether or not such holder would otherwise be considered an Inset der. (j} "Lot" means any lot n the plat of JESUP'S RESERVE TOWNHUMES, recorded or to be record Public Records of Seminole County, Florida, and any lot shown on any resubdivisiaid plat or any portion thereof. (k) "Surface Water Management Sy t~ttans the overall system designed, constrtteted and implemented upon the Property orb firing the Property to control discharges caused by rainfall events, which system nded to collect, convey, store, absorb, inhibit, treat, use of reuse surface water in prevent or reduce flooding, overdrainage, environmental degradation, and water u ' and to control the quality and yuantiry of discharges from the system, all as the District pursuant to Rules 40C-4, 40C-40, end 40C-42, Florida Administra i~LO~so+3;sl Book60441Page1389 CFN#2005217870 (1) "Owner" or "Member" means the record owner, whether one or more persons of entities, of the fee simple title to any Lot. (m) "Property" means all property aztd additions thereto (which additional property may or may not be contiguous to the real property described in Article II herein), as is subject to this Declaration or any Supplemental Declaration under the provisions of Article lI hereof. "Special Assessment" means assessments levied in accordance with V,Section 2. of this Declaration. O ARTICLE Ll. ti ~.e 'lion. The real property which is and shall be held, transferred, sold, conveyed an led subject to this Declaration is located in Seminole County, Florida and is more particu scribed by Exhibit "A," attached hereto anti incorporated herein by this reference. Developer shall have the its sole discretion, to add additional property (which may or may not be contiguous to property described in Section 1} to the scheme of this Declazation. Developer shall ve the tight to withdraw property not previously conveyed to an Owner from the scheme this Declaration subject to the approval of the City of Winter Springs. The addition or withdrayr~d~~Developer shall not require the consent or joiader of the Association, or any Owner or mo a of any of the Property, but shall be at the sole option of the Developer. Upon addition of any rtv to the scheme of this Declaration, the owners of such additional property shall be and a subject to this Declaration, including asseasmeat by the Association for their prorate sh Association expenses. The addition of lands as aforesaid shag be made and evidenced ~~in the Public Records of Seminole County, Florida, a supplemental declaration with re the lands to he added. Section 1 Membership. Every Owner of s h is subject to Assessment shall be a Member of the Association. Membership shall be ap t and may not be separated from ownership of any Lot which is subject to Assessment. Section 2. Voting lti¢hts. The Association shall havgt ryelasses of voting membership: Class A. Class A Members shall be all O~ V with the exception of the Developer, and shell be entitled to one vote for each Lot own n more than one person bolds an interest in any Lot, all such persons shall be Mem to for such Lot shall be exercised as they determine, but in no event shall more than on with respect to any Lot. n•~wsou;al 3 Book6044/Page1390 CFN#2005217870 Class B. The Class B Membar(s) shell be the Developer, The Class B Member shall be entitled to the same number of votes held by all other Members of the Association plus one; pro~nded, however, that notwithstanding any provision to the contrary, the Developer shall have the right to appoint the etrtire Board of Directors of the Association until 90 days after 90% of the Lots have been conveyed to Owners other than the Developer, or at an earlier date at the sole discretion of the Developer. At such time, the Developer shall call a meeting, as provided in the Bylaws for Special Meetings, to provide for the turnover of control of the Board of Directors to the Own The Developer shall have the right, in its sole discrodon, to appoint one member to the Bo hectors for so long as the Developer owns any portion of the Property. S " ' o mop r i Developer may retain legal title to the Common Areas so it~as not tamed over control of the Hoard of Dtrectors to the Owners as specified in 2. Within thirty days after such turnover of control, the Developer shall convey end tr quit claim deed the record fee simple title to the Common Areas to the Association an Association shall accept such conveyance, subject to taxes for the year of conveyance and to 'dons, limitations, conditions, reservations and easements of record. The Association sh axes on the Common Areas commencing upon the date of recordation of the plat. To the a Association has claims of defects within the Common Areas that the Developer has a le t o tion to repair ar replace, the Association shall specify any claims in writing and deliver s to the Developer with in 90 days after the date of the turnover of control of the Assac Any claims which are not brought to the attention of the Developer, in writing, wi s 90 day period shall thereafter be bamd and the Deve]oper shall have no further liabili ct to such defixts. Section 4. Powers. Wit out ' iting the generality of the powers provided in the Arricies of Incorporation, the Association ave the power, but not the obligation, to enter into an agreement or agreements from ti o time with one or morn person, firms or corporations to provide management or consulting including the right to collect assessments and enforce the provisions of this Declarat Section S. Rules and ReQUlations. sociacion has adopted Rules and Regulations (as defined in the Declaration), which m nded from time to time. The Association, through its Board of Directors, also may ddttforce reasonable rules and regulations governing the use of the Property, which rules lions shall be consistent with the rights and duties established by this Declaration. 5 violation of any rules or regulations may include reasonable monetary fines, whic be levied as Special Assessments as provided in this Declaration, and suspension of t to vote and the right to use the recreation facilities. The Board shall, in addition, ewer to seek relief in any court for violations or to abate nuisances. Imposition of sanctio s as provided in the Bylaws of the Association. In addition, the Association, throu oard, may, by contract or other agreement, enforce court ordinances or permit the City o W' Springs to enforce ordinances on the Property for the benefit of the Association and its Mer S ctio~ n 6. Mgraer or C nsolidation. Upon a merger o o lidation of the Association with another association, or upon any decision by the Assoct at its functions may be perfotroted effectively and efficiently by another association, ,rights and obligations of the Association may be transferred to the surviving or consolidate _iation. Alternatively, ~ 71075043',6) Book6044/Page1391 CFN#2005217870 the property rights and obligations of another association may, by operation of law, be added to rho Propertry, rights and obligations of the Association as a surviving corporation pursuant to a merger. In any event, the surviving or consolidated association may administer the covenants and restrictions established by this Declaration within the Property together with the covenants and restrictions established upon any other property as one scheme. No such merger or consolidation, however, shall effect any revocation, change of addition to the covenants established by this Declaration. t' a inat'pn of the Association. In the event of dissolution of the Association, for wh r other than merger or consolidation as provided for herein, any Owner may petition t Court of the Fifth Judicial Circuit of the State of Florida for the appointment of a Recei r e~fge the affairs of the Association and to make such provisions as may be necessary fo nunued management of the affairs of the dissolved Association, the Property and Common t~ O ARTICLfl N. MAINTENANCE OBLIGATIONS Sect~n 1. Cotnn M ' ]I~~. Commencing with the date this Declaration is recorded, except as state after, the Association shall be responsible far the maintenance of the Common Areas and an vements or personal property in a continuous and satisfactory manner and for the paym s assessed against the Common Areas, if any, and any improvements and any parse operty thereon e~ccnting from and after the daft these covenants are recorded. For p of illustration, Common Areas may include, but are not limited to: entrance features; ga (if any); tracts designated for open space, wail tracts, and/or tot lots and other recreation cts on the Plat; buffer azeas around the perimeter of the Property; all streets and roadways wit •~Property and the Coroner Area sprinkler system; and areas required to be maintained b e sociation under the terms of the Declaration. The Association shall at all times maintain m pair, and shall replace as scheduled any and all Common Areas and improvements baler ' e Association. The Association shall maintain all alleys. All such work shall be comp manner which, in the sole and exclusive judgment of the Board of Directors of the As npor the Association as the case may be, is deemed satisfactory. ,section 2. Street Liehting. The Associati s operate and maintain any private street lighting facilities owned by the Association, if any, date of recording this Declaration or from the date of installation of the private street light' ichever occur first. Maintenance of the private street lighting fixtures shall include the fix y~' the Common Areas and shall further extend to payment for electricity consumed in th oration of such lights. The cost of operating, maintaining, and illuminating the private street ugh shall be an operating expense of the Association. if Developer, in its sole discretion, c to install such private street lighting, Developer shall be entitled to all rebates or refltnds 'nstallation charges and the Association hereby assigns such rebates or refunds to Dev d the Association shall forthwith pay same to the Developer. The G1ty of Winter Spring crate and maintain any public street lighting and street aignage within the Property, b iation shall pay to the City any amounts for such operation and maintenance that cxee~ t ~andard City cost for n~o~so4a;q Book60441Page1392 CFN#2005217870 operation and maintenance of public street lighting and signage. To that end, Developer and Association agree to ex~ute any standard form agreement provided by the City of Winter Springs which requires such payment to be made. Such excess cost shall be an operating expense of the Association. Section 3. Lot Mainuttance, The maintenance of the Lot, including cutting the grass, irrigation system, maintenance of the landscaping material, and maintaining all landscaping originally led by the Developer or replacement(s) thereof, shall be the complete meintenan nsibility of the Association. The Association's responsibility for Lot mainle i des maintenance of portions of common alleyways that fall within the boundari s o t. The maintenance of the exterior of the residence on the Lot shall be the complete responsibility of the Association. The maintenance of all landscaping installed on the Owner(s) thereof which is in addition to and not a replacement of the landscaping y installed by the Developer shall be the complete maintenance responsibility o Owner(s). If a mailbox is installed by the Developer, in its sole discretion, the Owner shall re ddsible for the maintenance, repair and replacement of the mail •box installed by the )rk e~~ any main irrigation tin the meintutance obligation of the Association. Ia nddition, all irrigation lines and all s heads located on the hots shall be the maintenance responsibility of the Association. The ion shall have an easement over the Property, including any Lot, to provide maintenan system. Notwithstanding the foregoing, the maintenance and/or repair of any damage lion lines or sprinkler heads located on an Owner's Lot caused by the Owner's negligen or' endonal act(s) shall be the responsibility of such Owner. Sin S. Vegetative Scre ~ along Southern Bordor of Protxm,. For the benefit of the City of Winter Springs and pu a vegetative screen (hedge) shall be perpetually maintained in a good and reasonable o lion by the Association along the entire southern boundary of the City right•of--way for p of screening Jesup's Reserve from Tuskawilla Trails. ]n addition, the Associations atntain any other project improvements within said right-of--way, including but not limited~~~fa^yway Section 4. Irri - n e 1f the Property includes s common irrigation system and .. _ __ O . stormwater drainage facility located on the Pro~!'r y' Association, in accordance with the requiremen o District ("SJRWMD'. Any drainage facility shall by the SJRWMD for rho Property and as same may b~ SJRWMD permit shall be maintained by the Associatiot benefit. The SJRWMD has the right to enforcement injunction and penalties against the Association to corn] with the drainage facilities or in mitigation or wnser control of the Association. Dance, repair, or replacement of any the complete responsibility of the Johns River Mater Management to any permit which may be issued od from time to time. Copies of the cd Agent for the Association's including a civil action for the ~ act any outstanding problems s under the responsibility or Section 7. Drainage Retention Areas Q?RA's). The Sj authority for surface water permits. The ansite DRA's are desig and are not designed as aesthetic feattues, they are for drainage tn.orswr:at is the local permitting ter management areas, ~nlv. The water level Book6044/Page1393 CFN#2005217870 within the lakes is dependent upon rainfall and the level of the water in the ground. The water level within the DRA's can be affected by and may decline significantly at certain times as a result of the level of other drainage areas, the demand for potable water and irrigation water, rainfall conditions. Because none of these factors are within the control of the Association, the Association shall not be responsible for direct or consequential damage resulting from the lowering of the water level in the DRA's. The Association shall not be responsible far the maintenance of water in the DRA's to any specified level. u ~ Water Mana¢emeni~4ystem. It is the responsibility of the Association, at Co x e, to operate, maintain and repair portions of the Surface Water Management System to thin the boundariaa of the Property, and to enforce, or to take such appropriate action as emissary to cure violations of, the routine maintenance and non-interference covenants o wners and, when appropriate, to levy special assessments or individual assessments Maintenance of the Surface Water Management System shall include the exercise of prac which allow the system to provide drainage, water storage, conveyance and other surface water meet capabilities as pemtitted by the District and the City of Winter Springs. Any re nstruction of the Surface Water Management System shall be as originally permitted odified, as approved by the District and the City of Winter Springs. do Dr i vements w' ne The Association shat] maintain, repair and replace all dra 'mprovements within the Property, including without limitation within all platted drainage nts, all in accordance with the Surface Water Management System permit issued by All maintenance, repairs and replacements of drainage improvements within the Pro ,including without limitation within all platted drainage easements, shall-also be in acco one th requirements of the City of Winter Springs. ARTICLE V. S c ' 1. r 'on ie s l I' atio for ants. The Developer, for each Lot awned by it with' rty, hereby covenants, and each Owner of any Lot, by acceptance of a deed therefor, w grjnot it shall be so expressed in any such deed or other conveyance, shall be deemed t and agree to pay to the Association General Assessments for expenses outlined in hereof, and Special Assessments as provided in Section 4 hereof. Such Assessments a fixed, established and collected from time to time as hereinafter provided. Assessmen a against all Lots equally; provided, however, that the cost of any maintenance, repair or a ant caused by the negligent conduct of a Member or by the failure of a Member to com a lawfully adopted Hiles and regulations of the Association shall be levied as a Sp ssessment against such Member. The fWl Assessment as to each Lot upon which an impm em is constntcted shall commence on the first day of the t1t11 calendar month after a certificate pancy for the improvement is issued, or upon ibe conveyance of the Lot by the Developer the first occupancy of the improvement, whichever occurs first. No Owner may waive o t 'se escape liability for the Assessments for nutintettance by non-use of the Common Areas donment of his right to use the Common Areas. The General and Special Assessme with interest thereon and costs collection thereof as hereinafter provided, shall be a charge _ e Lot and shall be a {TtA~stx3;si Book6044/Page1394 CFN#2005217870 continuing lien upon the Lot against which the Assessment is made, and shall also be the personal obligation of the Owner of such Lot. The lien rights provided herein shall not apply to any portion of the Property owned by the Developer. Section 2. General Assessments. The General Assessments levied by the Association shalt be used exclusively for the expenses of the Association. General expenses are any and a!1 charges for the administration of the Association, cable television expenses if any, maintenance, repair, repl ant and operation of the Common Areas and the operation, maintenance and repair of tatlon and the Surface Water Management System as described in Article N, Section d reof, including, but not [united to: management, accounting and legal fees, postage, u ' ' ice to Common Areas, Association insurance, reserves deemed necessary by the Board toy for repair, replacement or addition to the Common Area, and payment of all debts and ions of the Association which are properly incurred for the purposes stated in this Declaratio ec o e eral ss to . The General Assessments shall ce on the fast day of the month next following the recordation of this Declaration. Therea Board of Directors shall fix the date of commencement and amount of the Assessment against h Lot at least thirty (30) days in advance of the commencement period. The General A nts shall be payable in advance in quarterly installments, or as otherwise determined by d of Directors of the Association. ecti ' 'al Bu Developer shall establish the initial budget, which shall be based on a fully developed co y. By a majority vote of the Board of Directors, the Board shall adopt an annual budget for thsequent fiscal year which shall provide for allocation of expenses in such a manner that t ations imposed by this Declaration will be met. In the event the community is not fully d oped at the time the budget is adopted by the Board, the Board may nevertheless base the budge fully developed community. In instances where the Developer or the Board bases the b t n a fully developed community when in fact the community is not so developed, then the (and therefore the Assessments) shall be reduced by the amount allocated for incomplete or facilities. The Assessment shall be for the calendar year, but the amount of the Gener s ant to be levied during any period shorter than a full calendar year shall be in propo 1~C number of months remaining in such calendar year. "i`he amount of the General A v be changed at any time by the Board from that originally adopted or that which is ado uture. Section 5. Stxcial Assessments. A more Lots for the following purposes; (e) charges for expenses of the A but which are attributable to a specific Lot or charge. (b) reimbursement for damages caused by members, guests, invitees or tenants. (c) capital improvements relating to the C I7t,msaa3;t} may be levied against one or which art not general expenses Mich are designated as a special Owners, their family Book6044/Page1395 CFN#2005217870 (d) late charges, user fees, fines and penalties. (e) any other charge which is not a general expense. (f) any general expense, which exceeds the amount budgeted, or any emergency expense which exceeds the amount of any reserves or other Association funds. A 5 t Assessment required to maintain the Association Property in good wndition or to pro 1' ility of the Association Members may be levied against all Lots by a majority vote of e d of Directors. Additionally, Special Assessments against individual Lot Owners f e~~ tncurred in direct relation to the mainktranco or liability associated with that Lot ma a i~d by a majority vok of the Board of Directors. Other Special Assessments shall require by a majority vote of those members prosettt and voting at a meeting of the membership ca accordance with the Bylaws of the Association. The Board of Directors shall fix the amount a~l(gue date of any Special Assessment by resolution, which resolution shall also set forth or Lots subject to such Assessment. act' 6. Trd~Fur The portion of all Genera] Assessments collected by the Association as reserves expenses, and the entire amount of al! Special Assessments collected for capita! imp shall be the property of the Association as a whole and shall be used exclusively for oses designated at the time of Assessments. Each owver acknowledges and consents funds arc the exclusive property of the Association as a whole and no Owner shall havterest, claim or right to any such funds. Sec 'on 7. to 'n Ouaraa a Period. Developer covenants and agrees with the Association and t wners that, for the period commencing with the dak of recordation of this Declaration and end' on the sooner to occur of the following: (i) the date of turnover of the Association as des n Article (I[ hereof ("Turnover Date"); or (ii) June 30, 2007, as such may be extende veloper's sole discretion, as described herein ("Guarantee Period"), Developer shall from payment of its share of the operating expenses and Assessments related to its Special Assessments) and, in turn, that the individual Lot Assessment charged to Baer than Developer will not exceed the dollar amount set forth in the initial Budget s ciation ("Guaranteed Assessment") and that Developer will pay the dit?Fcrcnce ("Dcfic between (a) the operating Expenses (other than those operating Expenses which are a subject of a Special Assessment} incurred by the Association during the Guarant ,and (b) the amounts assessed as Guaranteed Assessments against Owners during th tee Period, the "Working Capital Fund" set forth in ARTICLE V, Section 8. her+evf er income of the Association during the Guarantee Period. Thus, during the Gttarant od Owners shall not be obligated to pay Assessments other than the Guaranteed Assessor t Special Assessments and the Ownus' respective Working Capital Fund Contribution. c eficit, if any, to be paid by Developer pursuant to this Section 7 shall be determined by I t the Guarantee Period as e whole, without regard to quarterly, annual or any other accoun ' fiscal periods and without regard to infra period allocations. In that regard, in the event it fined at the end of the Guarantee Period that there is a Deficit and Developer hasp dvanced funds to the Association in excess of the Deficit during the Guarantee Perio , Devytr shall he entitled to tn.o~sn+sat Book6044/Page1396 CFN#2005217870 the immediate repayment from the Association of the amount of funds advanced by Developer in excess of the Deficit. Developer hereby reserves the right to extend the Cruarantee Period froth time to time to a date ending no later than the Turnover Date at Developer's sole election by providing written notice to the Association of such election at least thirty (30) days prior to the expiration of the Guarantee Period (as same may have been previously extended). Developer also reserves the right to increase the amount of We Uuaranteed Assessment during any such extended Guazamee Period. Special Assessments are not included in this guarantee. W F Developer shall establish a Working Capital Fund for the ini on of operation of the Association, which shall be collected by the Developer from eac chaser at the time of conveyance of each Lot to such purchaser in an amount equal to rr~ttths of the annual assessment for each Lot without consideration for reductions d complete facilities. Each Lot's share of the Working Capital Fund shell be eollxted and d to the Association et the time of closing of the sale of each Lot, Amounts paid i e fund arc not to be considered as advance payment of regular Assessments. Notwithstanding the f ng, the Developer, for so long as it controls the Board of Directors, shall have the ri the Working Capital Fund to pay for ordinary expenses of the Association. Becton ~. A • s ter. surd Certificate. A roster of the Owners, Lot numbers and Assessments applicable t shall be kept in the oi~ce of the Association and shall be open to inspection by any Owner. her does not reside on the Lot, Owner is required to provide its current mailing address t ration, together with the names of those residing on the Lot. . The Association shalt, wit) (5) days of receipt of a written request, famish to any Owner liable for an Assessment a rtificate in writing signed by an officer or agent of the .Association, setting forth whether sac ssment has been paid as to the Lac owned by the Owner making request therefor. Such ~~ shall be conclusive evidence of payment of any Assessment to the Association therein stn eve been paid. r r n of the a ssoc' do If any Assessment is not paid within ten (10) days after the due date, lotion shall Bove the right to charge the defaulting Owner a late fee of ten percent (10°0 ount of the Assessment, or Ten and No/ 100 Dollars (S 10.00), whichever is greater or o se adopted by the Board of Directors from time to time, plus interest at the then highest rarest allowable by law from the due dau until paid. If there is no due date applicabl particular Assessment, that the Assessment shall be due ten (10) days after written dam Association. If any Owtter is in default in the payment of any Assessment owed to ociation for more than thirty (30) days after written demand by the Association, the Ass ci upon written notice to the defaulting Owrter shall have the right to accelerate and mq ' ch defaulting Owner to pay Assessments to the Association for the next twelve (12) 'od, based upon the then existing amount and frequency of Assessments. In the event of celeration, the defaulting Owner shalt continue to be liable for any increases in the Oene sments, for all Special Assessments, and/or for all ocher Assessments payable to the [f the Assessments and any late fees and interest are not paid on the date when due, then s Assessments and any {Tt.orSOa3:61 10 Book6044/Page1397 CFN#2005217870 late fees and inurest shell become delinquent and shall, together with such interest thereon and the cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the property which shall bind such property in the hands of the Owner, his heirs, devisees, personal representatives, successors and assigns. Any individual wtto acquires title to a Lot upon the death of an Owner or by operation of law shall be personally liable for unpaid Assessments and late fees with respect to such Lot. In any voluntary conveyance, the Grantee shall be jointly and severally liable with the Grantor for all unpaid Assessments made prior to the time of such voluntary eyance, without prejudice to the rights of the Grantee to recover from the Grantor the amounts by the Grantee therefor. '1<he orlon may bring an action et !aw against the Owner personally obligated to pay the s aX record a claim of Gen against the property on which the Assesstnent and late fees ar r may foreclose the lien against the property on which the Assessment and late fee are like manner as a foreclosure of a mortgage on real property, or purstte one or more of suedies at the same time or successively, and there shall be added to the amount of such saes t and late fee, attorney's fees and vests of preparing and filing the claim of lien and plaint in such action, and in the event a judgment is obtained, such judgment shall inc st on the Assessment and late fee as above provided and a reasonable attorney's to fixed by the court together wtith the costs of the action, and the Association shall be ant' attomey's fees in connection with any appeal of any such action. It shall be the log d responsibility of the Association to enforce payment of the Assessments and late fees h The provisions set forth`ia this section shall not apply to the Developer for so long as the Developer owns any portion of tht?-~rty. 'en to Mort e . The lien of Assessments, including interest, late charges (subj limitations of Florida laws), and costs (including attorney's fees} provided for herein, s botdinate to the lien of any first mortgage of an Institutional Lender upon any Lot and su a to any tax, lien, or assessment imposed by the City of Winter Springs (inclusive of all c urnd by the City to collect said tax, lien, or assessment including attorneys' fee) whet before or after this Declaration. In addition, the lien of assessments, including ate charges (subject to the limitation of Florida laws), and costs (including attorneys' fe for herein, shall be subordinate to a mortgage held by Developer upon the Property, 'on thereof, or any interest therein. The sale or transfer of any Lot or parcel of land s ffect the Assessment lien. However, the sale or tratufer of any Lot or parcel pursuant to j t or non judicial foreclosure of a first mortgage shall extinguish the lien of such Assessrnent, ants which became due prior to such sale or transfer. No sale or transfer shall reliev t or parcel from lien rights for aay Assessments thereafter becoming due. Where the Ins io Corder of a first mortgage of record or other purchaser of such a Lot obtains title, its succ r d assigns shall oat be liable for the :4ssessments chargeable to such Lot which became d to the acquisition of title to such Lot by such acquirer. Such unpaid Assessments shall d ed to be an Assessment divided equally among, payable by and assessed against all Lo g the Lot as to which the foreclosure (or conveyance in lieu of foreclosure) tools plac where a mortgage is held by the Developer upon the Property, or o portion thereo , Developer or other Irt,o7sar;q 1 l Book6044/Page1398 CFN#2005217870 purchaser obtains title, its successors and assigns shall not be liable for the Assessments by the Association chargeable to the Property, or a portion thereof, which become due prior to the acquisition of title to the Property, or portion thereof, by such acquirer, Such unpaid Assessments shall be deemed to be an Assessment divided equally among, payable by and assessed against all Lots, including the Lot as to which the fottxlosure (or conveyance in lieu of foreclosure) took place. .ARTICLE VI. ARCHITECTURAL CONTROL Sec hitec trol. The Declaration sets forth provisions relating to architecturn , , tandards, required approvals, and other matters that are binding upon all Owners. F.a shall comply with all provisions of the Declaration, including those relating to arctu control. For purposes of this Declaration, the term "ACS" shall mean the architectural control b created and existing under the Declaration. ~j (~ ARTICLE V1I. ~~ E action 1. M .Each Member of the Association and each tenant, agent and invitee of such Mem ave a permanent end perpetual easement for ingress and egress for pedestrian and vehtc cover and across the walkways, driveways and roads from time to time laid out on Common Areas, for use in common with all such Members, then tenants, agents and invitees. ttioa of the Common Areas not used, from time to time, for walkways and/or driveways o es shall be for the conunon use and enjoyment of the Members of the Association and eac bar shall have a permanent and perpetual easement for pedestrian traffic across all such rti s of such trace and for the use of same in such manner as may be regulated by the A n. The foregoing casements are subject to the following: r {a) The right and duty of for the purpose of maintaining the C this Declaration and with any restrict to levy assessments against each Lot in compliance with the provisions of of the Property. {b) The right of the Associatioti' dtuing which any assessment against his I exceed sixty (60) days for any infraction of regulations. the voting rights for any period unpaid; and for a puled not to p¢opted and published rules and (c) The right of the Association to adopt enforce rules and regulations governing the use of the Common Areas. (~ V The right of an Owner to the use and enjoyment of the C Areas shall extend to the residents and than guests, subject to regulations front time to ti d by the Association in its lawfully adopted and published rules and regulations. J~ tn.arsa3;q 12 Book6044/Page1399 CFN#2005217870 $e5tion 2. Easements Anourtenan~. The easements provided in Section 1 shall be appurtenant to and shall pass with the title to each Lot. Section 3. Utility Easements. Public utilities may be installed underground in the Common Areas when necessary for the service of the Property or additional lands for which Developer holds an option to purchase, but all use of utility easements shall be in acwrdance with the applicable provisions of this Declaration. P E gents. Firefighters, police, health, sanitation and other public service and vehicles shall have a permanent and perpetual easement for ingress and egress o ran ss the Common Areas. Sec menu for Eneroachare t. There shall be reciprocal appurtenant easements o hment as between each Lot and the Common Area adjacent thereto or as between adja due to the urrimentional placement or settling err shifting of the improvements c true eddiy the Developer (in accordance with the terms of this Declaration) to a distance of not an one (1) foot, as measured from any point on the conunon boundary between each Lot jacent portion of the Common Area ar as between said adjacent Lots, as the case may a ong a tine perpendicular to such boundary at such point. fir 'on 6 Right l~t or Relocate Easement. The Developer (during any period in which the Developer has ership interest in the Property) and the Association shall each have the right to gt~artt su 'tional drainage, water and sewer, electric, telephone, gas, sprinkler, irrigation, cable tale ' r other easements, and to relocate any existing easement in any portion of the Property, i uding the lots, and to access easements and to relocate any existing access easements in any of the Property as the Developer or the Association shall deem necessary or desirable, a proper operation and maintenance of the Property, or any portion thereof, or for the gene al th or welfare of the Owners or for the propose of carrying out any provisions of this Dcc t ;provided that such easements or the relocation of existing easements will not prevent nably interfere with the use of the Lots far dwelling purposes. There shall be rccipro urtenant easements of encroachment a9 between each Lot and the Common Area adjace or as between adjacent Lots due W the unintentional placement or settling or shiftin o tt~rovements installed by utility companies or governmental entities or the Developer, t ancc of not more than three (3) feet, as measured from any point on the common beun each Lot and the adjacent portion of the Common Area or as between said adjace s the case may he, along a line perpendicular to such boundary at such point 0 Section 7. Association Easement. For the pu of performing iu obligations under the provisions of this Declaration, the Associati gh its duly authorized agents, employees or independent contractors, shall have the nigh after reasonable notice to the Owner, to enter upon any Lot at reasonable hours oCany day. In the c fan emergency, such right of entry shall exist without notice on any day. Each Owner h ants to the Association, its duly authorized agents, employees or independent contractors c asements fot ingress and egress, across the Lots as may be reasonably necessary to ~d perform the exterior maintenance aforementioned. /~ ~ ~~ tnorsaa;el 13 (-"v~~~~w1 Book60441Page1400 CFN#2005217870 Section 8. Easement for Access and Drainaee. The Association shall have a perpetual non-exclusive easement for access to operate, maintain or repair the system. By this easement, the Association shall have the right to enter upon any portion of any lot which is a part of the surface water or Stormwater Management System, at a reasonable time and in a reasonable manner, to operate, maintain or repair the surface water or StotTnwater Management System as required by the District permit. Additioraaily, the Association shall have a perpotual non-exclusive easement for drainage over the entire surface water or Stormwater Management System. N son shall alter the drainage flow of the surface water or Stormwater Management System, inc g buffer areas or swales, without the prior written approval of the District In additio lotion shell also have ate right to enter upon any portion of any L,ort which is a part of e c water or Stormwater Management System, at a reasonable time and in a reasonable r, ~ operate, maintain or repair the surface water or Stormwater Managemern System as by the City of Winter Springs. No person shall alter the drainage flow of the surface water water Management System, including buffer azeas or swales, without the prior written ap of the Ciry of Winter Springs, O ~i~ ~RTIC~.E VIII. GENERAL RESTR[CTiVE COVENANTS ' n t. A lie ' ' The provisions of this Article shall be applicable to all Lots situated within the Props Section 2. Land Use, shall be used except for residential purposes. Temporary uses for model homes, perking ts, construction trailer, construction storage areas and/or salts offices shall be permitted for the Dlep~i~ier. 5eetion 3. Bujjdine Location. ']dings shall be located in conformance with the requirements of the City of Winter Sp t d any specific zoning approvals thereunder, or as originally constructed on a Lot by Dev its successor or assignee. Whenever a variance or special exception as to building Ioc ' n other item has been granted by the authority designated to do so by the municipality, ce or special exception is hereby adopted as an amendment to this Section and any future ~ specie] exemption as to building location or other item shall constitute an amendment o hon. fiction 4. Landscanin¢ of Easements. 11~d 'b5l to the easements resen~ed herein, easements for drainage, installation and maintennn 'lilies and for ingress and egress are shown on the recorded plat(s) of the Property. Wi easements no structure, planting or other material may be placed or permitted to remain i etfere with vehicular traffic or prevent maintenance of utilities. Public utility tom ervicing the Property and the Association, and their successors and assigns, shall have a tual easement for the installation and maintenance of water lines, sprinkler lines, sanitary sew rm drains, gas lines, electric and telephone lines, cables and conduits, including tele~~ision conduits and such other installations as may be required or necessary to provide maim and utility services to the Lots and/or the Common Areas under and through the utility a as shown on the plat(s). Any damage caused to pavement, driveways, drainage structur 1ks, other structures, or landscaping in the installation and maintenance of such utilities y;~romptly restored and (TIA75043:t! 14 Book6044/Page1401 CFN#2005217870 repaired by the utility whose installation or maintenance caused the damage. All utilities within the subdivisions, whether in streets, rights-of--way or utility easements, shall be installed and maintained underground, provided, however, that water and sewer treatment facilities and control panels for utilities may be installed and maintained above ground. Section 5. Nuisances. No noxious or illegal activity shall be carried on upon any Lat, nor shall anything be done theroon which may be or may become an annoyance or nuisance to the neighborh or any other Lot Owner. In the event of any gtustion a9 to what may be or become a n ' ce, such question shall be submitted in writing to the Board for a decision in writing, ision shall be final. In addition, no weeds, underbnuh or other unsightly growths ermitted to grow or remain upon any Lot. No refuse pile or unsightly objects shall be al o placed or suffered to remain on any Lot; and in the event that an Owner shall fail or keep his Lot free of weeds, underbrush or refuse piles ar other unsightly growths or o en the Association may enter upon said premises and remove the same at the expense ofvncr, and-such entry shall not be deemed a trespass. All garbage or trash containers must be pla areas so that they shall not be visible from adjoining Lots or from the street. Provide ver, any portion of the Property not yet developed by Developer, shall be maintained in a condition but shall not be expected to be maintained in a manicured condition. Secii n e No structure of a temporary character, or nailer, tent, mobile home or r+ecreati icle shall be permitted on any Lot either lemporari]y or permanently, except that th r may park a trailer on the Property during periods of construction. Section 7. Siens. One si t more than one square foot may be used to indicate the name of the resident and/or house r. No sign of any kind shall be displayed to the public view on the Property, without the prior t of the ACB; provided that the Developer, so long as it has not sold all of its Lots in th y, shall retain the right to disapprove any signs displayed to the public view. Notwit the foregoing, this Section shall not apply to the Developer for as long as it holds title to n of the Property. Section g. O_ li and Mj~y O`osratiot39, of~drilling, oil development operations, oil refining, quarrying or mining operations of shall be permitted upon or in the Property nor shall oil wells, tanks, tunnels, mineral ex v~r shafts be permitted upon or in the Property. No derrick or other structure designed r ^ t boring for oil or natural gas shall be erected, maintained or permitted upon any portion o d subject to these restrictions. Section 9. Animals and Pets. No reptiles, atti ck, or poultry of any kind may be raised, broil, kept or permitted on any Lot, with the of dogs, cols, or other usual and common household pets not to exceed nvo {2) in number, gardless of the type. The keeping of e dog or other domestic pet is not a right of an Owner, a conditional license. This conditional license is subject to utmination at any time by th of Directors upon a finding that a dog or other pet is vicious, is anno}ing to other reside has in any way become a nuisance. The owner of a pet assumes liability for all damage ~ O or property caused by the pet or rcsuldng R+om its prssence at the Property. lnansa~sl l5 Bookfi044/Page1402 CFN#2005217870 This license is subject to the following conditions: (a) Pets shall be kept on a leash at all times when outside a building and not enclosed within a fenced•in area. (b} Pets are permitted to have excrements upon the Common Areas provided that the owner shall immediately remove such excrement from the Common Areas with a "Poorer Scooper" or other appropriate tool and deposit said waste in an approved trash The owner of a pct shall be responsible, and by virtue of ownership, >sibility for any damage to persons or property Caused by his pet(s), Q Any pet whose owner violates the provisions and intent of these rules shall be dee uisanee and subject to removal in accordance with the provisions of this i n 0. t Intersections. No obstruction to visibility at street intersections shall be pemtitted. S~.ption 1 t. Park' a commercial vehicles, campers, mobile homes, rootorhomes, boats, house trailers, rs, or trailers of every other description shall be permitted to be parked or to be stored at con any Lot, except only during the periods of approved construction on said Lot, as at they may be stared within garages. All automobiles, SUVs, trucks, and all other 'c shall be parked in garages and along streets that are designated for parking. Parking to a~sys is sttietly prohibited, Small pick-up trucks or vans of the type commonly used as priv settger vehicles may be parked or stored in approved parking areas, so long as no cotnm ral equipment or lettering or graphics is exposed to view. The tarn "cotnmerciel vehicle" shall i all automobiles, trucks and vehicular equipment, including station wagoas, which bear shall have printed on same some reference m any commercial undertaking or enterprise. hibition of parking shall not apply to temporary parking of trucks and commercial vehicl s for pick-up, delivery, and other commercial services. O No vehicle which is unlicensed or ino be kept or stored on the Property, unless kept ft~lly enclosed inside s garage. Nor o any type of motor vehicle, boat or trailer shall be conducted on any Lot other than repairs, cleaning or waxing which is completed in Less than 24 hours. Q S~tion 12. Fences. No fence, wall or other ~ 1 be erected in the front yard, back yard, or side yard except as approved by the ACB o tolled by the Developer, Section l3. Hedges. No hedge shall be erectal in thq~ yard except as approved by the ACB or as installed by the Developer. ~~'"' Section 14. Garba¢e and Trash Disposal, No garbage, or rubbish shall be kept or permitted upon any Lot or Common Ana except in c iners concealed from view from the street or another Lot, provided however, that the r qu adopted from time {norsaa;at 16 Book6044/Page1403 CFN#2005217870 to time by the City of Winter Springs for disposal or collection shall be complied with at all times. Al] equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition All garbage placed out for collection must be in sealed garbage bags, covered plastic garbage cans, or such other containers supplied or approved by the garbage collecting authority. Trash, recyclables, and/or vegetation shall not be placed curbside earlier than 6:00 P. M. the evening before collection. Emptied receptacles or uncollected refuse shall he promptly removed from curbside by Owner. Dr}ing areas will not he permitted on any lot or anywhere nn Slie. Se ontainers. No gas tank, gas container, or gas cylinder (except those placed by 6}opa or approved by the ACB in connection with the installation of swimming or permanent barbecues, and except those used for portable barbecues) shall ba permit a placed on or about the outside of any house or any ancillary building, and all such item (ex ~ghose placed by the Developer in connection with the installation of swimming pools ant barbecues, and axcept those used for portable barbecues) shall be installed din every instance where gas is used. In tha alternative, gas containers may be p above ground if enclosed on all sides by a decorative safety wall approved by the ACB. ect'o Except as may be installed by the Developer or as may be pernutted by th no antennas, aerials, or lines, wires or other devices for communication or transmissio nt shall be placed on any portion of the Property. In no event, however, shall Lines o ices for communicatioa or the transmission of ctutent he constructed placed, or permitted tt~~ within the Common Areas unless the same shall be installed by the Association for th on use of all Members, and shall be protected cables, and any of said lines or wires whi ar t located in buildings shall be constructed or placed and maintained underground. Any 1' r ' c installations permitted by the ACB pursuant to this Section shall be protected cable an y be installed underground. ,~tioq lg. Citv Requirement. or rapist of the Property subject to this Declaration must conform with the applic 1 ~an as approved by the City oC Winter Springs. Section 19. Drainage. Unless first appr ACB and the District, no Owner other than the Developer may obstruct, alter or in modify the method and/or atructtrres of drainage utilized or installed by Developer or th ciation from, on or across any Lot, Common Area or easement area; nor shall any stn r aterial be erected, placed or tnaintaiaed which shall in any way obstruct such drain e s or facilities or impede their efficient operation. No elevation changes shall be tied on any Lot which materially adversely affect the drainage of or to neighboring Tots Common Area. Any such obstruction, alteration or modification of the method and/o ures of drainage utilized or installed by the Developer or the Association shall also be o by the City of Winter Springs. ~=/ 0 tn,orsoa3;e1 17 Book6044/Page1404 CFN#2005217870 5~ection 20. Draining. The Owner of any Lot which includes or is adjacent to any pond, creek, bey head, or othu body of water shall not reduce the depth or siu of said body of water by draining therefrom. Section 21. Leasing. No lease shall be entered into for less (hart a twelve (12) month period, and all leases must be in writing. Owners are required to provide to the Association the Owner's current mailing address, together with the names of those residing on the Lot. Each Owner shall a responsible for the acts and omissions, whether negligent or willful, of any person resid on his Lot, and for all guests, and invitees of the Owner nr any such resident, and in the acts or omissions of any of the foregoing shall result in any damage to the Commo Are any liability to the Association, the Owner shall be assessed for same as in the case then Assessment, limited where applicable to the extent that the expense or liability is ~ the proceeds of insurance cazried by the Association. Furthermore, any violation of ~~~F t}tc provisions of this Declaration, of the Articles, or tlx Bylaws, by any resident of any ~~ any guest or invitee of as Owner or any resident of a Lot, shall also be deemed a violatt by pOwner, and shall subject the Owner to the same liability as if such violation was that caner. With respect y tenant or any person present on any Lot or any portion of the Property, other than an O and the members of his immediate faatily pernumently residing with him in the Lot, ifs on shall materially violate any provision of this Declaration, the Articles, or be a source o ce to the residents of the Property, or shall willfully damage or destroy any Common rsonal property of the Association, then upon written notice by the Association, such parse be required to immediately leave the Property and if such person does not do so, the Ass 'ation is authorized to commence an action to evict such tenant or compel the person to leave thgrty and, where necessary, to enjoin such person from returning. The expense of any sue on, including attorneys' fees, may be assessed against the applicable Owner, and the Assoctaton ~~~~collect such Assessment and have a lien for same as elsewhere provided. The foregoing sha~f)Tbe~ljr addition to any other remedy of the Association. Section 22. Watenvavs. Motori ~ t, jet ski or other motorized vessels are not permitted in any waterway within the Pmpe , . S~rtion 23 Screen Enclost!~s, Nos ~osures may be constructed on any Lot except as appravcd by the ACB and after alt ne ovals and permits have been obtained from all governmental agencies. No screen an y be constructed in any designated building setback area on any Lot. O Section 24. Alley Parkins. Owners, their vitees, may not park in or on right-of--ways designated as alleys on the Piat or deli alleys by the Association or Developer. Vehicles pazked in alleys may be towed or tic Section 25. Air Gottd_itio ing~u Wren , Neatir at cooling of residences with sysums of active or passive solar, wind and other forms of ens r than gas or electric shell be subject to prior approval of rho ACB. Components of that an affixed to the exterior of a residence shall not lx permitted unless the deli f shall have first been invrsaasi 18 Book60441Page1405 CFN#2005217870 approved by the ACB. Exterior components of any cooling or heating system (or a combination thereof) shall be substantially screened from view from the strcet fronting the residence. Section 2ti. Qara age Doors All residences shall include operational garage doors. All garage doors shall remain closed at all times when not in use for entry or exit from the garage. Section 27 Window and S idi g ~1 ss Door Treatments. All windows and doors if covered, s have proper window coverings, consisting of typical window treatments, such as two-inch (2" hire blinds or the like. Use of towels or sheets aze not considered as proper windo ~ and use of such shall be considered a violation of this section. ' io lidav Decorations. Holiday decorating shall be permitted on any Lot, but mus ~T' ved within two (2) weeks following the subject holiday. secuon txeereattonal Eo~tipment. Subject to prior approval of the ACB as to specific location, all basketbal 6akboatds, fixed or otherwise, and any other fixed game and play sttucttu+es shall be t the rear of the residence, or in the cage of corner Lots on the inside portion of the Lot a setback lines. Treehouses or platforms or the like shat] not be constructed on any p f e Lot located in front of the t~tr line of the residence consWcted thereon. Skateboard uivalent structures shall not be permitted on any Lot. 6BTTCLE IX. A H LOSS The Association's Board tractors, or its duly authorized agent, shall have the authority to and shag obtain blanket sll- ' insurance, if reasonably available, for all insurable improvements on the Common Areas, et all-risk coverage is not reasonably available, than at a minimum art insurance policy g fire and extended coverage shall be obtained. Insurance, other than title Ittsurattce, 1 be carried on the Cotnmon Area and the Association Property shall be governed by ing pto~isions: necnon t. ,~utttonty to rurcnase• Nai - All insurartee policies upon the Common Area and the Association Property sh seed by the Association aad shall be placed in a single agency or company, if possible. t ed insured shall be the Association. The Association has the attthority to use their ' n in obtaining the coverage listed hereinafter, as some of the requirements may be r me unobtainable, or may be cost prohibitive. ~1 ~ Section 2. Coverage. (~" (a) Fidelity Bonds. Blanket fidelity bon be maintained for anyone who either handles or is responsible for funds that the lion holds or administers. Cancellation or substantial modification of the bonds m ~tgticed to the Association members and FNMA servicers prior to change. ,{~ inotsao,rl lg Book6044/Page1406 CFN#2005217870 (b) Hazard Insurance. All buildings and insurable improvements on the Cotnmoa Area end the Association Property shall be insured for fire and extended coverage perils, excluding foundation and excavation costs at their rrtaximum insurable replacement value and all personal property owned by the Association shall be insured for its full insurable value, all determined annually by the Board of Duectors of the Association. {a) Coggianv 12atn¢, The company or companies with whom the Associations 1 place its insurance coverage must meet the following requirements: a B general policy g or a financial performance index of 6 or better in the Best's Key Rating Guide, o an ter rating from Demotech, Inc. O(b) Deductible. The Association shall determine from time to time the maximum d amount permitted with respect to hazard insurance coverage. (c) O Endotscments. if available andlor applicable, an Inflation Guard Endorsement, a Co~tron Code Endorsement, and a Machinery Coverage Endorsement are required. ~ (c} Flood surance. If any part of the Association Property is in a Special Flood Hazard is designated as A, AE, AH, AO, Al-30, A-99, V, VE OR V1-30 on a Flood a Rate Map, the Association must maintain a master or blanket policy of flood ins ce The amount of flood insurance should be at least equal to the lesser of l00% of the value of the facilities or the maximum coverage available under the appropriate N onal Flood Insurance Administration program. Unless a higher deductible amount is requ state law, the maximtun deductible amount for policies covering the Association P and Common Area is the lesser of $5,000 or 1 % of the policy's face amount. _ (d} Liability Insurat~ ~ the policy does not include "severability of interest" in its terms, a specific e o ant must be obtained to preclude the insurer's denial of an Owner's claim bees egligent acts of the Association or of other Owners. O (e) Public Liability Insurgl c . saciation shall obtain public liability and property damage insurance covering Common Area and the Association Property and insuring the Association and tubers as tltcir interests appear in such amounts and providing such coverage as the of Directors of the Association may determine from dme to time. The liability i ]include, but not be limited to, trired and non-owned automobile coverage. (f) Workmen's Compens~on Iasi +~+n~r. a Association shall obtain workmen's compensation insurance in order to it e requirements of law, as necessary. h (g) Aire d In urance. sociation shall obtain directors and officers (iability insurance providing s e as the Board of Directors of the Association may determine from time to time. ~ri.srsnn;el 20 Book60441Page1407 CFN#2005217870 (h) Other Insurance, The Board of Directors or the Association shall obtain such other insurance as they shall determined from time to time to be desirable. (i) SubroQation Waiver. If available, the Association shall obtain policies which provide that the insurer waives its right to subrogation as to any claim against Members, tJx Association and their respective servants, agents and guests. ' Premiums upon insurance policies purchased by the Associstion shall be pal the Association. The cost of insurancx premiums and other incidental expenses inc ssociation in administering end carrying out any of the provisions of this Section all _ erred against and collected from Member; as part of General Assessments. sec fc. ssocta war to Compromise Cla;m~. 7'he Board of Directors of the Association t irrevocably appointed agent for each Member and far each holder of a mortgage or o ,for the purpose of compromising and settling all claims arising under insurance polio p~h~ed by the Association, and to execute and deliver releases upon payment of claims. ~j~ ~1- ARTICLE X. DEVELOPER'S RIQH'~ Se n otwitltstanding any provision herein to the contrary, until the Developer has completed, s nveyed al] of the Lots w[thin the Property, neither the Owners, nor the Association r 'r use of the Common Areas shall interfere with the completion of the contemplated im enu and the sale of Lots and any other sates activity of the Developer, whether related td~roperty or other developments of the Developer. The Developers (or its duly authorized nts or assigns) may make such use of the unsold Lots and the Common Areas as may facilitates mpletion and sale including, but not limited to, the maintenance of sales offices, construe ' ' err, storage art:as, model homes, and/or parking lots for the showing of the property, isplay of signs, billboards, flags, placards and visual promotional materials. The Deve I have the right to use unimproved Lots for temporary parking for prospective port ch other parties as Developer detemtines. Each Lot and the Common Area is hereby ~ an easement for the purposes set forth heroin. Section 2. Replatting. It may be necessa a Developer to replat a portion of the Property, The Developer shall have the right to ro Id portions of the Property without requiring the joinder or consent of any Owner or mort ~ 1 'ng a mortgage on any Lot. S 'o t' ' d C eti a e is an 'ts. In the e~Knt a utility company or govemmrntal authority requires a deposit to be a by the Developer, and such deposit shall be refunded at some time in the future, then the 'R'~p`t' (and not the Association) shall be rntitled to receipt of the refunded funds. In additto old construction payments made by the Developea be refunded by a utility company or go al authority at some time in the future, then the Developer (and not We Association) s titled to receipt of the refunded funds or the Association shall reimburse the Develop payments prior to the tr~orar;sl 21 Book6044/Page1408 CFN#2005217870 time that Owners other than the Developer elect a majority of the members of the Board of Directors of the Association. Section 4. Developer's Right to Corltrnon Areas. Developer shall have the right from time to time to enter upon the Common Areas during periods of construction upon adjacent Property and for the purpose of construction of any facilities on the Common Areas that Developer elects to build. Developer may grant easements to Lot Owncre adjacent to Common Areas for o angs, protrusions and encroachments of any portion of the improvements to a Lot which are tructed by Developer, The Developer shall have the right to dedicate the Comm o portion thereof to any governmental authority or utility company, or to grant an ease nt a Gomrnon Areas in favor of any governmental authority or utility company, without r th~ioinder or wnsent of any other Owner or mortgagee holding a mortgage on any Lot. ec ' n D vet er .The Developer shall have the right to assign to any other pcrs n or t#ty any or all of the Developer's rights reserved in this Declaration, in whole or in part, t to all or any portion of the Property. In the event of an assignment, the assigner shall n lc for any action of a prior developer. Acquisition, development or construction lenders 'ring title to the Property or any portion thereof by foreclosure or deed in lieu of foreclosures ve the right, but not the obligation, to assume the Developer's rights. Such acquisition, pment or construction lender shall have the right •to assign the Developer's rights to a sub purchaser, regardless of whether or not the Developer's rights were assumed by the lender. r.., Section 6. Develop v f Board Action. In the event the Developer no longer controls the Board of Directors ntinues to own a portion of the Property, then the Developer shall have the right to ty action taken by the Board if She Develops determines that such action materially and adver ~ affects the Developers interest in the community. Action of the Board shall be eubmitte Developer within ten (10) days of adoption of such action In the event a written veto is n d by the Developer to the Board within ten (10) days of actual receipt of the action, then n shall be deemed approved. The following provisions are for the bene~' olders, insurers, ar guarantors of first mortgages on Lots in the Property. (~0 Section l,~jotices of Action An Institutional f~o al insurer, or guarantor of a first mortgage, who provides written request to the Associa (such request to state the name and address of such holder, insurer, or guarantor and the Loy~tber), therefore becoming an "Eligible Holder"), will be entitled to timely written notice o ~J (a} any condemnation loss or any casuelt which affects a material portion of the Property or which affects any Lot on w ' is a first mortgage held, insured, or guaranteed by such eligible holder; ~{~~ il'L0r5043.8) 2Z Book60441Page1409 CFN#2005217870 (b} any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the mortgage of such eligible holder, insurer, ar guarantor, where such delinquency has continued for a period of sixty (60) days; provided, however, notwithstanding this provision, any holder of a first Mortgage, upon request, is entitled to written notice from the Association of any default in the performance by an Owner of a Lot of any obligation under the Declaration or Bylaws of the Association which is not cured within sixty (60) days; any lapse, cancellation, or material modification of any insurance policy or maintained by the Association; or any proposed action which would require the consent of a specified liRible holders. Sect' n iori No provision of this Dcelaration or the bylaws gives or shall be construed as give an (~i mar or other parry priority over any rights of the first mortgagee of any Lot in the case 'bution to such Owner of insurance procads or condemnation awards for losses to or a tak a Common Area ce to c' Upon request, each Owner shall be obligated to famish to the Association the d address of the holder of any mortgage encumbering such Owner's Lot. ion 4. i O~4rticle Nothing contained in this Article shall be construed to reduce the percen a vote that must otherwise be obtained antler the Declaration, Bylaws, or Florida law for any of t}>e\BMty set out in this Article. ~yction ~, Failure of Mort¢;~ee to Resound. Any Mortgagee who receives a written request from the Board to respond to ant to any action shall be deemed to have approved such action if the Association does n e a written response from the Mortgagee within thirty (30) days of the date of the Asso s request, provided the notice was delivered by certified or registered mail, with a "return requested. Section 1. Duration. The covenants and restld' o bind the land, and shall inure to the benefit of ~ Association, the City of Winter Springs to the extent iu t any Lot subject to this Declaration, and their assigns, for this Declaration is recorded, after which time said covenants successive periods of ten (10) years each unless an instruq two-thirds of the Lots and an instrument signed by the the moRgaged Lots have been recorded, agreeing to change restrictions in whole or in part. )T10T5043,8) 23 this Declaration shall rvn with and tforceable by the Developer, the s~s appear herein, or the Owner of n of thirty (30) years from the date be automatically extended for nt 'gned by the then Owners of ~ ogees of two-thirds of the o e said wvenents and Book6044/Page1410 CFN#2005217870 Section 2. Notice. Any notice required to be sent to any Owner under the provisions of this Declaration shall be deemed to have bxn properly settt when personally delivered or mailed (postpaid), transmitted by way of teleeopy, or sent by overnight courier, 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. Section 3. Enforcement. Enforcement of these covenants and restrictions shall be by any proceeding aw or in equity against any person or persons violating or attempting to violate any coven estriction either to restrain violation or to recover damages, and against the land to enfo y created by these covenants and failure by the Developer, the Association or any Own r t rce any covenant or restriction herein contained shall in no event be deemed a waiver of a ~„to do so thereafter. These covenants may also be enforced by the Archite Oard. The District shall have the right to enforce, by a proceeding at law or in equity, visions contained in this Declaration which relate to the maintenance, operation and of the surface water or Stormwater Management System. The City of Winter Springs s 1 tfatave the right to enforce, by a proceeding at law or in equity, the provisions contain Declaration which relate to the maintenance, operation and repair of the surface water or ater Management System and the provisions in which the City of Winter Springs' int ear herein. The Association is hereby empowered to adopt reasonable rules and re for the imposition of fines to be levied against any Owner for failtue to comply with th s of this Declaration or rules and regulations of the Association. Any rule of regulation subs y Owner to fines shell include provisions for notice, hearing, appeal and fines. Fines steal a an assessment due to the Association and upon failure to pay such fine within the pe ' scribed by the Association shall become a charge and conrinuing lien upon the Owrte s Lot Section 4. Severability. In~' anon of any one of these covenants or restrictions by judgment or court order shall in no w•'ect any other provisions which shall remain in full force end effect. (( ~ Section 5. Amendment. For so 1 0 e Developer has the right to appoint the entire Board of Directors of the Association, the er may unilaterally amend this Declaration. At such time as the Developer no longer has point the entire Board of Directors of the Association this Declaration may be amended the atlFirmadve vote or written consent, or any combination thereof, of Members rcpt a o-thirds of the total votes of the Association. Every amendment trust have the der and consent of the Developer for so long as the Developer owns any portion of the However, the percentage of votes necessary to amend a specific clause shall not 1 than the prescribed percentage of affirmative votes required for action to be taken un ae. Any amendment must be recorded in the Public Records of Seminole County, A`o atnendtnent shall make any changes which would in any way affect any of the righ ,privileges, powers or options heroin provided in favor of, of reserved to, Developer, unless Dcv joins in the execution of the amendment. Any amendments to this Declaration which y provision relating to the surface water or Stormwater Management System, beyond mai e ce in its original condition, including the water management portions of the Commons A t have the prior approval of the District and the City of Winter Springs. Any amendme Declaration which alter the age restrictions with respect to persons under eighteen (18) a ~ge must have the prior {n.o~sar:sl 24 Book6044/Page1411 CFN#2005217870 approval of the Winter Springs Board of City Cottunissioners and the Developer for so long as the Developer owns any Lot(s) within thaProperty. Section 6. Litig 'on. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by a vote of seventy-five (75%) percent of the Owners. This Section shall not apply, however, to (a) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens}, (b) the imp 'lion and collection of assessments, (c) proceedings involving challenges to ad valorem tax (d) actions brought by the Association to enforce contracts to which the Associ y, or (e) counterclaims brought by the Association in proceedings instituted against i lion shall not be amended unless such amendment is made by the Developer or is appr tie percentage votes, and pursuant to the same procedures, necessary to institute pro ~ provided about. ec n 1~ctive Date. 'this Declaration shall become effective upon its recordation in the Seminole untx.Palflic Records. Section g. do w• Confii Notwithstanding any covenant, condition, easement or restricti tablished herein to the contrary, the Developer, Association, and all Owners shall comply wi ll applicable laws, statutes, ordinances, regulations and codes affecting the Property i all Lots and Common Areas, and the Developer, Association, and Owners shall not hav t to violate any applicable law, statute, ordinance, regulation or Codc. In the event of an 'cts existing between this Declaration and any local, stale, or federal law, the more restrictiv icting provision shall take prec~enee; provided, however, in the event the local, state an r federal law is preemptory in nature, the local, state, and/or federal law shall prevail and be EXECUTED the date first a ve v~"tun. ~ `~ b ~0 [t[m~a3;s1 25 Book6044/Page1412 CFN#2005217870 LEVITY AND SONS OR SEMINOLE COUlV7'Y, LLC, a Florida limited liability company . By: ~s Printed Name: "i~N+e. ~Jr.,..rw , P~ [Corporate Seal] V STATE OF l*LORI ) SS COUNTY OF SEMIIV E ) The foregoin ins was acltnowlodged before me, this ~_ day of ~~, 2005, b}' n.: ~ ~• .r~'l.wua ~,,.l~~rtof Levitt and Sons of Seminole County, LLC, a Florida limit company. He or she is personally known to me. Ntlp, +~ N Public lC - P ' t Name: y.+~e. .aS.+.a ~~~:': fate of Florida i ~o r- _ ~.+ y Commission Expires: ~..~+ L, ~ +~'~ ioo tnoer } nth ~~ tn.msa3;t1 26 Book6044IPage1413 CFN#2005217870 Signed, sealed and delivered in the presence of: ,,. EXHBIT "A" A porn of Block "B" of D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE UP, according to the plat thereof as recorded in Plat Book !,Page 5 of the P s of Seminole County, Florida, being more patticulazly describes as c n ,.... COM al[the most Easterly corner of that part of Block "B" of D.R MITC VEY OF THE LEVY GRANT ON LAKE JESSUP, according to the plat thereo corded in Plat Book 1, Page 5 of the Public Records of Seminole Courtry, Honda; tvn North 38°45'00" West, far a distance of 586.00 feat; thence run South 51 ° est, for a distance of 35.09 feet to a point on the South fight of way line of Sta No. 434 and the POINT OF BEGINNING; thence contiaue South S 1 ° 15'00" West. a d' ce of 614.37 feet to a point on the Northerly right of way line of a 30' right of wa ing to said plat of D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON JESSUP; thence cwt North 22°08'19" West along said Northerly right of wa r a distance of 1043.55 feet; thence run North 51 ° 15'00 East, for a distance of 3 to a poiat on said South right of way line of State Road No. 434; thence run Sout '06" East along said South right of way line, for a distance of 686.53 feet thence r~gSouth 35°17'45" East continuing along said South right of way line of State Ro~i 434, for a distance of 314.05 feet to the POINT OF BEGINNING. Contains 11.029 acres, more or le~ O ~V 0 Book6044/Page1414 CFN#2005217870