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HomeMy WebLinkAboutCasa Park Villas - \ / .0'0 1:;'1 \ ~~~ \ J ~ 't \ t} {'r, (~ 1 r ,1~ ~~~ ~\~~ { , J:~~ \~~~-~ ~~~ ~Q, " j e . '", \ (::F:; J: ! f'" .:r_,:;; ..U h , " 151 5 D 5 7 '- .;.~:J:'~ S[t!L;vL.~ lJ. IL. \\ DECLARATION OF COVBllAl1TS AND RBSTRICTIONS lOR CASA PARK VILLAS THIS DECLARATION is made this 24- day of O[~~}L~ , 1913, by Urban of Tuscawilla, Inc., a Florida corporation, whllc:h declares hereby that "The Properties" described in Article II of this Declaration are and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restr ictions, easements, charges and liens hereinafter set forth. ARTICLE I DEFINITIONS The following words when used in this Declaration (unles$ the context shall prohibit) shall have the fOllowing meanings: (a) "Association" shall mean and refer to CASA PARK VILLAS OF TUSCAWILLA HOMEOWNERS' ASSOCIATION, INC., a Florida corporation not for profit, which is to be incorpo~ rated. (b) "Common Areas" shall mean and refer to the property described in Exhibit A attached to and made a part hereof, plus all property designated as Common Areas in any future recorded supplemental declaration; together with the landscaping and any improvements thereon, including, without limitation, all structures, recreational facilities, open space, walkways, entrances markers, signs, sprinkler systems and street lights, if any, but excluding any public utility installations thereon, provided that certain portions of the Common Areas shall not be Common Areas to the extent such portions are governed by the Master Association as provided in the Master Covenants. (c) "Developer" shall mean and refer to Urban of Tuscawilla, Inc., a Florida corporation, its successors and such of its assigns as to which the rights of Developer hereunder are specifically assigned. Developer may assign only a portion of its rights hereunder, or all or a portion of such rights in connection with appropr iate portions of The Properties. In the event of such a partial assignment, the assignee shall not be deemed the Developer, but may exercise such rights of Developer specifically assigned tQ it. Any such assignment may be made on a non-exclusive basis. (d) "Lot" shall mean and refer to any Lot on the various plats of portions of The Properties, which plat is designated by Developer hereby or by any other recordect instrument to be subject to these covenants and restrictions (and to the extent the Developer is not the Owner thereof, then designated by the Developer joined by the Owner there~ of), any Lot shown upon any resubdivision of any such plat, and any other property hereafter declared as a Lot by the Developer and thereby made subject to this Declaration. To the extent the Developer is not the Owner thereof, then sucq declaration shall be made by the Developer joined by the Owner thereof. (e) "Member" shall mean and refer to all thos~ Own,!rs who are Members of the Association as provided in Article III hereof. ~~.~Ju~~r;~~; 1t~:;~" ) e . ,-" -. . :_' r r )~. I f,' ("': (~:' u,"'/!. .\ . V'. ...; .. . , i. ~ : 151 5 1958 St':",Ui' '!'l !:' ['0 /-L ..1 . ,_I ~_ ... (f) "Owner" shall mean and refer to the record owner, whether one or nlore persons or enti ties, of the fee simple title to any Lot situated upon The Properties. (g) "Master Association" shall mean and refer to Casa Park Villas Master Association, Inc., a Florida corpo- ration not for profit, which is (or is to be) incorporated. (h) "Master Covenants" shall mean and refer to the Master Covenants for Casa Park Villas recorded (or to be recorded) by the Developer in the Public Records of Seminole County. (i) "The Properties" shall mean and refer to all such existing properties, and additions thereto, as are now or hereafter made subject to this Declaration, except such as are wi thdrawn from the provisions hereof in accordance with the procedures hereinafter set forth. (j) "Unit" shall mean and refer to any town home residence constructed on a Lot. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS THERETO Section 1. Legal Description. The real property which, initially, is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Seminole County, Florida, and is more particularly described as follows: All of Casa Park Villas Phase I, according to the Plat thereof, as recorded in Plat Book ~ '7 , Page _1~"'I--..g,--> of the Public Records of Seminole County, Florida. all of which real property, and all additions thereto, is herein referred to collectively as "The Properties". To the extent all or any portion thereof is not owned by the Developer, the respec- tive Owners thereof shall have joined in this Declaration for the purpose of subjecting that portion of The Properties owned by each of them to this Declaration. Section 2. Supplements. Developer may from time to time bring other land under the provisions hereof by recorded supple- mental declarations (which shall not require the consent of then existing Owners or the Association, or the Master Association, or any mortgagee, except in the case of property not then owned by the Developer, in which case the Owner thereof shall join in the applicable supplemental declaration) and thereby add to The Prop- erties. To the extent that addi tional real property shall be made a part of The Properties as a common scheme, reference here- in to The Properties should be deemed to be reference to all of such additional property where such reference is intended to include property other than that legally described above. Except as provided in Article X, Section 12 hereof, nothing herein, however, shall obligate the Developer to add to the initial por- tion of The Properties, to develop any such future portions under such common scheme, nor to prohibit Developer from rezoning and changing the development plans with respect to such future por- tions and/or the Developer from adding additional or other prop- erty to The Properties under such common scheme. All Owners, by acceptance of a deed to their Lots, thereby automatically consent to any such rezoning, change, addition or deletion thereafter made by Developer and shall evidence such consent in writing if requested to do so by the Developer at any time. - 2 - e e l' r - _ 1'.:"- , [2(~;r'\ I 5 I 5 I S 5 9 ARTICLB III SEi,:;l=~.:: co. FL. IIBMBBRSHIP DD VOTIMG RIGIft'S 1M TIIB ASSOCIAl'IOlI Section 1. Membership. Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot shall be a Member of the Association. Notwithstanding anything else to the contrary set forth in this Section 1, any such person or entity who holds such interest merely as security for the per- formance of an obligation shall not be a Member of the Associ- ation. Section 2. Voting Riqhts. The Association shall have two (2) classes of voting membership: Class A. Class A Members shall be all those Owners a8 defined in Section 1 with the exception of the Developer (as long as the Class BMembership shall exist, and there- after, the Developer shall be a Class A Member to the extent it would otherwise qualify). Except as provided belOw, Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interests required for membership by Section 1. When more than one person holds such interest or interests in any Lot, all such persons shall be Members, and the vote for such Lot shall be exercised as they among themselves determine, but, subject only as provided in the following sentence in no event shall more than one vote :be cast with respect to any such Lot. Class B. The Class B Member shall be the Devel- oper. The Class B member shall be entitled to one (1) vote, plus two (2) votes for each vote entitled to be cast in the aggregate at any time and from time to time by the Class A Members. The Class B membership shall cease and terminate one (1) year after the last Lot within The Properties has been sold and conveyed by the Developer, or sooner at the election of the Developer (whereupon the Class A Members shall be obligated to elect the Board and assume control of the Association). Section 3. General Matters. When reference is made here- in, or in the Articles, By-Laws, Rules and Regulations, manage- ment contracts or otherwise, to a majority or specific percentage of Members, such reference shall be deemed to be reference to a majori ty or specific percentage of the votes of Members and not of the Members themselves. ARTICLB IV PROPBMY RIGB'l'S 1M TBB COMI<<)(I AREAS: OlBBR BASBMBftS Section 1. Members Easements. Each Member, and each' tenant, agent and invi tee of such Member, shall have a non- exclusive permanent and perpetual easement over and upon the Cammon Areas for the intended use and enjoyment thereof in common with all other such Members, their tenants, agents and invitees, in such manner as may be regulated by the Association. Without limiting the generality of the foregoing, such rights of use and enjoyment are hereby made subject to the fol- lowing: (a) Easements over and upon the Common Areas in favor of the Master Association and all other associations governing certain other lots wi thin the Development and in favor of all persons having the right to use the "common areas. governed by the Master Association. - 3 - - '-'; j :l. e LO:~;'; , , .'J ' :-, =- I ., .....:._ '51 5 '960 SEf.iiiiCLE co. FL. (b) The right and duty of the Association to levy assessments against each Lot for the purpose of maintaining the Common Areas and facilities in compliance with the pro- visions of this Declaration and with the restrictions on the plats of portions of The Properties from time to time recorded. (c) The right of the Association to suspend the Owner's (and his permitees') voting rights and right to use the recreational facilities (if any) 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. (d) The right of the Association to charge reason- able admission and other fees for the use of recreational facilities (if any) situated on the Common Areas. (e) The right of the Association to adopt at any time and from time to time and enforce rules and regulations governing the use of the Common Areas and all facilities at any time situated thereon, including the right to fine Mem- bers 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. (f) The employees of the Developer and their fami- lies shall have the right to use all Common Areas, including recreation facilities (if any), in perpetuity. (g) The right to the use and enjoyment of the Com- mon Areas and facilities thereon shall extend to all permit- ted user's immediate family who reside with him, subject to regulation from time to time by the Association in its law- fully adopted and published rules and regulations. (h) The right of the Developer to permit such per- sons as Developer shall designate to use the Common Areas and all recreational facilities located thereon (if any). (i) The right of the Association, by a 2/3rds affirmative vote of the entire membership, to dedicate por- tions of the Common Areas to a public agency under such terms as the Association deems appropriate and to create or contract with special taxing districts for lighting, roads, recreational or other services, security, or communications and other similar purposes deemed appropriate by the Devel- oper (to which such creation or contract all Owners hereby consent). Section 2. Easements Appurtenant. The easements provided in Section 1 shall be appurtenant to and shall pass with the title to each Lot. Section 3. 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 paving, drainage structures, street lighting fixtures and appur- tenances, landscaping, entrance markers, 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 Association. Maintenance of the aforesaid street lighting fixtures shall include and extend to payment for all electricity consumed in their illumination. Without limiting the generality of the foregoing, the Association shall assume all of Developer's responsibility to Seminole County of any kind with - 4 - - e f~:r:C:/~ GSCi\ " ~."~ , '. .... '~.. l: ' I 5 I 5 I S 6 I respect to the Common Areas ani::Hls~lilJ. flftdemnify and hold the Developer harmless with respect thereto. As hereinafter provided, the Association shall also maintain the landscaping as originally placed by the Developer in the five (5) foot front yard and in the ten (10) foot backyard of each Lot, and, may, at its option, maintain and repair other portions of the Lots and improvements constructed thereon, in the manner hereinafter contemplated, and easements over such Lots are hereby reserved in favor of the Association and its designees to effect such maintenance and repair. The Owner shall be responsible, however, for the maintenance, replacement and repair of all paving, landscaping (except for portions to be maintained by the Association, if any), structures and improvements located on his Lot. All work pursuant to this Section and all expenses incurred hereunder shall be paid for by the Association through assess- ments (ei ther general or special) imposed in accordance here- with. In order to effect economies of scale, the Master Associa- tion, on behalf of itself and/or the Association and/or other affected associations, shall have the power to incur, by way of contract or otherwise, expenses general to the Development, or appropriate portions thereof, and the Master Association shall then allocate portions of such expenses among the Master Associa- tion, the Association and other affected associations based on the relative amount of property governed by the Master Associa- tion, the Association and other affected associations and the size and type of improvements located thereon. The portion so allocated to the Association shall be deemed a general expense (or in the case of charges applicable to only one or more specific classes of Lots to the exclusion of others, a special expense to be allocated only among the affected Lots), collecti- ble through assessments (either general or special) against applicable Lots. No Owner may waive or otherwise escape liabil- ity for assessments by non-use of the Common Areas or abandonment of the right to use the Common Areas. Section 4. 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 wi th 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 maintenance of communi ty and/or cable TV 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 5. Public Easements. Fire, police, health and sani tation, park maintenance and other public service personnel and vehicles shall have a permanent and perpetual easement for ingress and egress over and across the Common Areas. Section 6. Ownership. The Common Areas are hereby dedicated non-exclusively to the joint and several use, in com- mon, of the Developer and the Owners of all Lots that may from time to time constitute part of The Properties and the Devel- oper's and such Owners' tenants, guests and invitees. The Common Areas (or appropriate portions thereof) shall, upon the later of completion of the improvements thereon or the date when the last Lot within The Properties has been conveyed to a purchaser (or at any time and from time to time sooner at the sole election of the Developer), be conveyed to the Association, which shall accept such conveyance. Beginning from the date these covenants are recorded, the Association shall be responsible for the main- tenance of such Common Areas (whether or not then conveyed or to - 5 - - r C::~[i<i' ~ ' e j ._',l ___ / 5 , 5 /962 be conveyed to the Associat1~rtf;E~tt~'maintenance to be performed in a continuous and satisfactory manner without cost to the general taxpayers of Seminole County. It is intended that all real estate taxes assessed against that portion of the Common Areas owned or to be owned by the Association shall be propor- tionally assessed against and payable as part of the taxes of the applicable Lots wi thin The Properties. However, in the event that, notwithstanding the foregoing, any such taxes are assessed directly against the Common Areas, the Association 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 record- ed, 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 construc- tion, reconstruction, repair, replacement and/or alteration of any improvements or facilities on the Common Areas or elsewhere on The Properties that Developer elects to effect, and to use the Common Areas and other portions of The Properties for sales, dis- plays 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 Proper ties sales, admini strat i ve, construction or other off ices 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 obli- gation to complete portions of the Common Areas shall, at all times, be subject and subordinate to these rights and easements and to the above-referenced activities. Accordingly, the Devel- oper shall not be liable for delays in such completion to the extent resulting from the above-referenced activities. Section 7. Other Easements. The Owner of each Lot shall have an easement of access over and upon adjoining Lots and the Common Areas for the purpose of allowing such Owner to maintain and repair air-conditioning compressors, air-conditioning equip- ment, meters and other equipment serving such Owner's Lot which may be located on such adjoining Lots and/or the Common Areas. 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. ARTICLE V PARTY WALLS; REAR FENCES Section 1. General. Each wall and fence built as part of the original construction of the Uni ts or Lots upon The Prop- erties and placed on the dividing line (as shown on the plat (s) of The Properties) between the Lots thereof and acting as a com- monly shared wall or fence shall constitute a party wall, and each Owner shall own that portion of the wall and fence which stands on his own Lot, wi th a crosseasement of support in the other portion. I f a wall or fence separating two (2) Uni ts or Lots, and extensions of such wall or fence, shall lie entirely within the boundaries of one Lot, such wall or fence, together with their extensions, shall also be a party wall and the Owner of the adjacent Lot shall have a perpetual easement to maintain the encroachment, and the area within such adjacent Owner's Unit or Lot from the Lot boundary line to the center of such wall or - 6 - - e I r r (< A' l' . : ~ ; L..- . - 0- ~- , C:C:, 1515 1863 fence shall be deemed Limi ted C~ott-E k~iis of the encroaching Owner. Easements are reserved in favor of all Lots Qver all other Lots and the Common Areas for overhangs or other encroachments resulting from original construction and reconstruction. Anything to the contrary herein notwithstanding, where adjacent Units share only a portion of a wall (e.g., where a one- story Unit abuts a two-story unit), only that portion of the wall actually shared by both units shall be deemed a party wall. That portion of the wall lying above the one-story unit and used exclusively as a wall for the second floor of the abutting two- story Unit shall not be deemed a party wall, but shall be main- tained and repaired exclusi vely by the Owner of the two-story Unit even if lying in whole or in part on the abutting Lot. Easements are reserved over the abutting Lot on which the one- story Unit is constructed and over the roof and other portions of such abutting one-story Uni t to permi t the upper portion of the wall of the two-story Unit to be maintained and repaired by the Owner of the Lot on which such two-story Unit is constructed. Section 2. Sharing of Repair and Maintenance. The costs of reasonable repair and maintenance of a party wall shall be shared equally by the Owners who make use of the wall. Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore same, but shall not construct or extend same to any greater dimension than that existing prior to such fire or other casualty, without the prior written consent of the adjacent Lot Owner. The extension of a party wall used by only a two-story Unit abutting a one-story Unit shall be repaired and/or replaced by the Owner of the two- story Unit at his sole cost and expense even if lying in whole or in part on the abutting Lot. No part of any addi tion to the dimensions of said party wall, or of any extension thereof al- ready built, that may be made by any of said Owners, or by those claiming under any of them, respecti vely, shall be placed upon the Lot of the other Owner, wi thout the wr i tten consent of the latter first obtained, except in the case of the wall of a two- story Unit. If the other Owner thereafter makes use of the party wall, he shall contribute to the cost of restoration thereof in proportion to such use, without prejudice, however, to the right of any such Owner to call for a larger contr ibution from the other under any rule of law regarding liability for negligent or willful acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provision of this Article, any Owner who, by his negligent or willful act, causes that part of the party wall not previously exposed to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. Section 5. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner s I successor s in ti tIe. Upon conveyance or other transfer of title, the liability of the prior Owner shall cease. Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbiter, and such arbiters shall choose one additional arbiter, and the decision of a major- ity of all the arbiters shall be final and conclusive of the question involved. If a panel cannot be designated pursuant hereto, the mat ter shall be arbi trated pursuant to the rules of - 7 - e "!-;- "'it : I ;..." ",,.. ....".., e ; ',_--I, :),',G~ 151 5 /964 the American Arbitration As~~1j~~o~ or its successors in func- tion, then obtaining. Any decision made pursuant to this Section shall be conclusive and may be entered in any court of competent jurisdiction in accordance with the Florida Arbitration Code. ARTICLE VI AS SOCIA"l'ION-COVERANT POR MAItrrBRARCB ASSBSSMBN"l'S Section 1. Creation of the Lien and Personal Obli ation of the Assessments. Except as prov e elsew ere erein, the Devel- oper (and each party joining in this Declaration or in any sup- plemental declaration), for all Lots within The Properties, here- by covenant and agree, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association annual assessments or charges for the maintenance, management, operation and insurance of the Common Areas as provided elsewhere herein, including such reasonable reserves as the Association may deem necessary, capital improve- ment assessments, as provided elsewhere herein, assessments for maintenance as provided in Section 4 hereof and all other charges and assessments hereinafter referred to, all such assessments to be fixed, established and collected from time to time as herein provided. In addition, special assessments may be levied against particular Owners and Lots for fines, expenses incurred against particular Lots and/or Owners to the exclusion of others and other charges against specific Lots or Owners as contemplated in this Declaration. The annual, special and other assessments, together with such interest thereon and costs of collection thereof as hereinafter prov ided, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together wi th such interest thereon and costs of collection thereof as herein- after provided, shall also be the personal obligation of the person who is the Owner of such property at the time when the assessment fell due and all subsequent Owners until paid. Except as provided herein with respect to special assessments which may be imposed on one or more Lots and Owners to the exclusion of others, all assessments imposed by the Association shall be imposed against all Lots subject to its jurisdiction equally. Reference herein to assessments shall be understood to in- clude reference to any and all of said charges whether or not specifically mentioned. Section 2. Purpose of Assessments. The regular assess- ments levied by the Association shall be used eXClusively for maintenance of the Comm9n Areas, for certain Lot maintenance, for capital improvements, reserves (if any), and to promote the heal th, safety, welfare and recreational opportuni ties of the Members of the Association and their families residing with them, their guests and tenants, all as provided for herein. Section 3. Specific Damage. Owners (on their behalf and on behalf of their children and guests) causing damage to any por tion of the Common Areas as a result of misuse, negligence, failure to maintain or otherwise shall be directly liable to the Association and a special assessment may be levied therefor against such Owner or Owners. Such special assessments shall be subject to all of the provisions hereof relating to other assess- ments, including, but not limited to, the lien and foreclosure procedures. - 8 - e - rr-r l~ . L ~: .~~ >\ " I ..-- I 5 I 5 I S G 5 S::}'.i:,C...E co. FL. Section 4. Exter ior Maintenance. The Association shall maintain the landscaping as initially placed by the Developer in the five (5) foot front portion and in the ten (10) back portion of each Lot from the edge of pavement to a line formed by the edge of the plane of the front of the Unit as constructed on the Lot (extended to its linear intersection with the side Lot lines), provided such area is accessible to the Association, generally, and provided, specifically, that such landscape areas enclosed by masonry walls or fences constructed by Developer (whether opened or not), and such walls or fences themselves, shall be maintained by the Owner of the Lot. The Association, through action of the Board of Directors taken by not less than two thirds (2/3) favorable vote of such Board, may also provide exterior maintenance upon all such Lots for all or any of the following: paint, repair, replace and care for roofs, exterior building surfaces, fences, other landscaping, trees, shrubs, grass, walks, drives and parking places and other exterior improvements. The cost of the exterior mai ntenance refer red to in this Section performed by the Association shall be deemed a special expense to be allocated equally, as special assessments, among all Lots and shall consti tute special maintenance assess- ments or charges with respect to each Lot. The Board of Direc- tors of the Association shall estimate the cost of any such exterior maintenance for each year and shall fix the assessment therefor for each year, but the Board shall, thereafter, make such adjustments with the Owners as are necessary to reflect the actual cost of such exterior maintenance. The Owner, except as contemplated specifically herein, shall maintain the structures and grounds not maintained by the Association on each Lot at all times in a neat and attractive manner and as provided elsewhere herein. Upon the Owner's failure to do so, the Association may at its option, after giving the Owner five (5) days' written notice sent to his last known address, or to the address of the subject premises, have that portion of the grass, weeds, shrubs and vegetation which the Owner is to maintain cut when and as often as the same is necessary in its judgment, and have dead trees, shrubs and plants removed, from such Lot and other areas and replaced, and may have any portion of the Lot and other areas resodded or landscaped, and all expenses of the Association under this sentence shall be a lien and special assessment charged against the Lot on which the work was done and shall be the per- sonal obligation of all Owners of such Lot. If the Association has not elected to provide the exterior maintenance referred to in the second sentence of this Section, then upon the Owner's failure to maintain the exterior of the Lot in good repair and appearance, the Association may, at its option, after giving the Owner thirty (30) days' written notice sent to his last known address, make repairs and improve the appearance in a reasonable and workmanlike manner. The cost of any of the work performed by the Association upon the Owner's failure to do so shall be im- mediately due and owing from the Owner of the Lot and shall con- stitute a special assessment against the Lot on which the work was performed, collectible in a lump sum and secured by the lien against the Lot as herein provided. No bids need to be obtained by the Association for any such work and the Association shall designate the contractor in its sole discretion. Section 5. Capital Improvements. Funds in excess of $20,000.00 in anyone case which are necessary for the addition of capital improvements (as distinguished from repairs and main- tenance) relating to the Common Areas under the jurisdi~tion of the Association and which have not previously been collected as reserves or are otherwise available to the Association shall be levied by the Association as special assessments only upon approval of a majority of the Board of Directors of the Associ- ation and upon approval by two-thirds (2/3) favorable vote of the Members of the Association voting at a meeting or by ballot as may be provided in the By-Laws of the Association. - 9 - e ..-'-.. _,!'~j~;~\./ I 1-- 'j _ j \ ~ i' "', ... e . ~... '-: " . .~,.... j i "- ISIS 1966 C" ,-, ..,' ". Section 6. Date of Camfueneeme*t. of Annual Assessments; Due Dates. The annual assessments provided for in this Article shall commence on the first day of the month next following the recordation of these covenants and shall be applicable through December 31 of such year. Each subsequent annual assessment shall be imposed for the year beginning January 1 and ending December 31. The annual assessments shall be payable in advance in month- ly installments, or in annual, semi- or quarter-annual install- ments if so determined by the Board of Directors of the Associ- ation. The assessment amount (and applicable installments) may be changed at any time by said Board from that originally stipulated or from any other assessment that is in the future adopted. The original assessment for any year shall be levied for the calendar year (to be reconsidered and amended, if necessary, every six (6) months), but the amount of any revised assessment to be levied during any period shorter than a full calendar year shall be in proportion to the number of months (or other appropriate install- ments) remaining in such calendar year. The due date of any special assessment shall be fixed in the Board resolution authorizing such assessment. Section 7. Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each Lot subject to the Association's jurisdiction for each assessment period, to the extent practicable, at least thirty (30) days in advance of such date or period, and shall, at that time, prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the assessment shall thereupon be sent to every Owner subject thereto thirty (30) days prior to payment of the first installment thereof, except as to emergency assess- ments. In the event no such notice of a change in the assess- ments for a new assessment period is given, the amount payable shall continue to be the same as the amount payable for the pre- vious period, until changed in the manner provided for herein. Subject to other provisions hereof, the Association shall upon demand at any time furnish to any Owner liable for an assessment a certificate in wri ting signed by an officer of the Association, setting forth whether such assessment has been paid as to any particular Lot. Such certificate shall be conclusive evidence of payment of any assessment to the Association therein stated to have been paid. The Association, through the action of its Board of Direc-. tors, shall have the power, but not the obligation, to enter into an agreement or agreements from time to time wi th one or more persons, firms or corporations (including affiliates of the Developer) for management services. The Association shall have all other powers provided in its Articles of Incorporation and By-Laws. Section 8. Effect of Non-Payment of Assessment; the Per- sonal Ob1iqation; the Lien; Remedies of the Association. If the assessments (or installments) are not paid on the date (s) when due (being the date (s) specified herein), then such assessments (or installments) shall become delinquent and shall, together with late charges, interest and the cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the - 10 - - .,.~ .-,r,....",.:.,.~ '_: t ; -.J ~".". . - ~- , ", - [JJO;'\ , 5 I 5 I 967 SEI)I';i~ E co. FL. Lot which shall bind such property in V~the hands of the then Owner, his heirs, personal representatives, successors and assigns. The personal obligation of the then Owner to pay such assessment shall pass to his successors in title and recourse may be had against either or both. If any installment of an assessment is not paid within fif- teen (15) days after the due date, at the option of the Associa- tion, a late charge not greater than the amount of such unpa id installment may be imposed (provided that only one late charge may be imposed on anyone unpaid installment and if such install- ment is not paid thereafter, it and the late charge shall accrue interest as provided herein but shall not be subject to addition~ al late charges, provided further, however, that each other in- stallment thereafter coming due shall be subject to one late charge each as aforesaid) or the next 12 months' worth of in- stallments may be accelerated and become immediately due and payable in full and all such sums shall bear interest from the dates when due until paid at the highest lawful rate and the Association may bring an action at law against the Owner(s) per- sonally obligated to pay the same or may record a claim of lien (as evidence of its lien rights as hereinabove provided for) against the Lot on which the assessments and late charges are unpaid or may foreclose the lien against the Lot on which the assessments and late charges are unpaid, or may pursue one or more of such remedies at the same time or successively, and attorneys' fees and costs of preparing and filing the claim of lien and the complaint, if any, in such action shall be added to the amount of such assessments, late charges and interest, and in the event a judgment is obtained, such judgment shall include all such sums as above prov ided and reasonable at torneys' fee to be fixed by the court together with the costs of the action, and the Association shall be enti tIed to attorneys' fees in connection with any appeal of any such action. In the case of an acceleration of the next 12 months' worth of installments, each installment so accelerated shall be deemed, initially, equal to the amount of the then most current delin- quent installment, provided that if any such installment so accelerated would have been greater in amount by reason of a subsequent increase in the applicable budget, the Owner of the Lot whose installments were so accelerated shall continue to be liable for the balance due by reason of such increase and special assessments against such Lot shall be levied by the Association for such purpose. In addition to the rights of collection of assessments stated in this Section, any and all persons acquiring title to or an interest in a Lot as to which the assessment is delinquent, including without limitation persons acquiring title by operation of law and by judicial sales, shall not be entitled to the occu- pancy of such Lot or the enjoyment of the Common Areas until such time as all unpaid and delinquent assessments due and owing from the selling Owner have been fully paid and no sale or other dis- posi tion of Lots shall be perm! tted until an estoppel letter is received from the Association acknowledging payment in full of all assessments and other sums due; provided, however, that the provisions of this sentence shall not be applicable to the mort- gagees and purchasers contemplated by Section 9 of this Article. It shall be the legal duty and responsibility of the Associ- ation or the Master Association (as hereinafter contemplated) to enforce payment of the assessments hereunder. Failure of the Association or the Master Association to send or deliver bills shall not, however, relieve Owners from their obligations here- under. - 11 - e '"T i.;,~.',.', ~ ,1,- ~"'.' ',,, .;J:..;; .. , ~_ e I '" _; ,_ 151 5 1968 All assessments, late S~b'ft.{g,~ 'FL interest, penal ties, fines, attorney's fees and other sums provlaed for herein shall accrue to the benefit of the Association. Owners shall be obligated to deliver the documents original- ly received from the Developer, containing this and other decla- rations and documents, to any grantee of such Owner. Section 9. Subordination of the Lien. The lien of the assessments provided for in this Article shall be subordinate to tax liens and to the lien of any mortgage (recorded prior to recordation by the Association of a claim of lien, which mortgage encumbers a Lot) to any institutional lender and which is now or hereafter placed upon any property subject to assessment; provid- ed, however, that any such mortgagee when in possession or any receiver, and in the event of a foreclosure, any purchaser at a foreclosure sale, and any such mortgagee acquiring a deed in lieu of foreclosure, and all persons claiming by, through or under such purchaser or mortgagee, shall hold title subject to the liability and lien of any assessment coming due after such fore- closure (or conveyance in lieu of foreclosure). Any unpaid assessment which cannot be collected as a lien against any Lot by reason of the provisions of this Section shall be deemed to be an assessment divided equally among, payable by and a lien against all Lots subject to assessment by the Association, including the Lots as to which the foreclosure (or conveyance in lieu of fore- closure) took place. Liens for assessments under this Article shall be inferior to liens for assessments of the Master Associa- tion. Section 10. Access at Reasonable Hours. For the purpose solely of performing the Lot and exterior maintenance authorized by this Article, the Association, through its duly authori zed agents or employees or independent contractors, shall have the right, after reasonable notice to the Owner, to enter upon any Lot at reasonable hours on any day to accomplish such work. Section 11. Collection of Assessments. The Master Associa- tion shall collect the assessments of the Association, upon certification by the Association to the Master Association from time to time (but at least 30 days prior to each applicable assessment period) of the amount of its assessment with respect to each Lot governed hereby, together with the assessments due the Master Association, in a lump sum. In the absence of such certification, the Master Association shall assume that the assessments due the Association wi th respect to any particular Lot are the same as the assessments previously imposed against such Lot in the last previous assessment period for which a certification was given. The Master Association shall pay sums collected by it as .agent for the Association to the Association within 30 days of the receipt thereof. In the event that only a portion of the lump sum assessments are collected, the amount collected shall be applied first to the assessments of the Master Association and then to the Association. The Master Association may, at any time and from time to time, cease collecting the assessments due the Association upon sixty (60) days' prior written notice to the Association (where- upon it shall be the duty of the Association to make such collec- tion) and may, at any time and f rom time to time thereafter, again elect to make such collections as provided herein, all at the sole option of the Master Association. Section 12. Effect on Developer. Notwithstanding any pro- vision that may be contained to the contrary in this instrument, for as long as Developer is the Owner of any Lot, the Developer shall not be liable for assessments against such Lot, provided - 12 - e ,rr,"" "- J...: t :\..1:,' L .~. C'JC:', \ 5 \ 5 I 969 that Developer funds any defici t in ~fr;~~ing Fexpenses (exclusive of reserves and management fees) ofvcne Association. Developer may at any time and from time to time commence paying such assessments as to Lots that it or they own and thereby auto- matically terminate its obligation to fund d~ficits in the operating expenses of the Association, or at any time and from time to time elect again to fund deficits as aforesaid. When all Lots within The Properties are sold and conveyed to purchasers, Developer shall not have further liability of any kind to the Association for the payment of assessments or deficits. Notwith- standing anything to the contrary contained in this Section, the Developer shall make a one-time initial contribution to the Asso- ciation of $10,000.00 to be used as initial working capital to maintain the Common Areas until such time as sufficient funds have been assessed against the Members to maintain the Common Areas. Section 13. Trust Funds. The portion of all regular assessments collected by the Association for reserves for future expenses, and the entire amount of all special assessments, shall be held by the Association for the Owners of all Lots, as their interests may appear, and may be invested in interest bearing accounts or in certificates of deposit or other like instruments or accounts available at banks or savings and loan institutions the deposits of which are insured by an agency of the United States. AIrrICLB VII CERTAIN RULES AND REGULATIONS Section 1. Applicability. The provisions of this Article VII 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 Buildinq Type. No Lot shall be used except for residential purposes. No building constructed on a Lot shall be used except for residential purposes. No building shall be erected, al tered, placed or permi tted to remain on any Lot other than one single-family townhome. 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 provid- ed herein. Section 3. Openinq Blank Walls1 Removinq Fences. No Owner shall make or permit any opening to be made in any blank wall (except as such opening is installed by Developer) or masonry wall or fence. No such building wall or mansonry wall or fence shall be demolished or removed without the prior written consent of the Owner of the adjoining Lot, Developer and the Architec- tural Control Board. Developer shall have the right but not be obligated to assign all or any portion of its rights and privi- leges under this Section to the Association. Section 4. Easements. Easements for installation and maintenance of utilities are reserved as shown on the recorded plats covering The Properties and as provided herein. Within these easements, no structure, planting or other material may be placed or permitted to remain that will interfere with or prevent the maintenance of utilities. The area of each Lot covered by an easement and all improvements' in the area shall be maintained continuously by the Owner of the Lot, except as provided herein to the contrary and except for installations for which a public authority or utility company is responsible. The appropriate water and sewer authority, electric utility company, telephone company, the Association, the Master Association and Developer and their respective successors and assigns, shall have a per- petual easement for the installation and maintenance, all under- - 13 - e ; ;;-:"'1:" .,,",.. , : '~..~ - . I f"'o . "'... .) r " I- :..., ~ ; \ i ~'J:: e I 5 I 5 I 970 S::':.:::;U:: co. FL. ground, of water lines, sanitary sewers, storm drains, and electric, telephone and security lines, cables and conduits, under and through the utili ty easements as shown on the plats. Developer and its designees, successors and assigns, shall have a perpetual easement for the installation and maintenance of cable and community antennae, radio, television and security lines within platted utility easement areas. All utilities and lines within the subdivision, whether in street rights-of-way or util- ity easements, shall be installed and maintained underground. Section 5. Nuisances. No noxious, offensive or unlawful activity shall be carried on upon The Properties, nor shall any- thing be done thereon which may be or may become an annoyance or nuisance to other Owners. Section 6. Temporary Structures. No structure of a tempo- rary character, or trailer, tent, mobile 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. No gas tank, gas container or gas cylinder shall be permi tted to be placed on or about the outside of any Unit or on or about any ancillary build- ing. Section 7. Siqns. No sign of any kind shall be displayed to the public view on The Properties, except only one sign of not more than one (1) square foot used to indicate the name of the resident or one sign of not more than five (5) square feet adver- tising the property for sale or for rent (in locations and in accordance with design standards approved by the Archi tectural Control Board), or any sign used by a builder to advertise the company during the construction and sales period. 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 or any vehicles within The Properties, except such as are placed by the Developer. Section 8. Oil and Mininq Operation. No oil drilling, oil development operations, oil refining, quarrying or mining opera- tions of any kind shall be permitted upon or in The Properties, nor on dedicated areas, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in The Proper- ties. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any portion of the land subject to these restrictions. Section 9. Pets, Livestock and Poultry. No animals, live- stock or poultry of any kind shall be raised, bred or kept on any Lot, except no more than one (1) household pet not exceeding 29 pounds may be kept, provided it is 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, except areas designated by the Association, and Owners shall be respon- sible to clean-up any such improper excretions. For purposes hereof, "household pets" shall mean dogs, cats and domestic birds and fish. Pets shall also be subject to applicable rules and regulations. Section 10. Visibility at Intersections. No obstruction to visibility at street intersections or Common Area intersections shall be permitted. - 14 - - . . purely aesthetic grounds, which in the sole and uncontrolled discretion of said Architectural Control Board seem sufficient. Any change in the exter ior appearance of any building, wall, fence or other structure or improvements, and ahy change in the appearance of the landscaping, shall be deemed an al teration requir ing approval. The Archi tectural Control Board shall have the power to promulgate such rules and regulations as it deems necessary to carry out the provisions and intent of this para- graph. The Architectural Control Board (a committee appointed by the Board of Directors of the Association) is composed initially of: Alan H. Ginsburg Steve T. Koss Robert C. Rohdie and the address of said Board is, until changed, P.O. Box 8258, Maitland, Florida 32751. A majority of the Board may take any action the Board is empowered to take, may designate a repre- sentative to act for the Board and may employ personnel and con- sultants to act for it. In the event of death, disability or resignation of any member of the Board, the remaining members shall have full authority to designate a successor. The members e rt",. " ~~ ~....... . .. I, ,-.'_ -- 151 5 1972 sa..;,..L:: co. FL. changed. The Lot landscaping (except for that portion to be maintained by the Association, if any), including, without limit- ation, the trees, shrubs, lawns, flower beds, walkways and ground elevations, shall be maintained by the Owner as originally in- stalled by Developer, unless the prior approval for any change, deletion or addition is obtained from the Architectural Control Board. Section 13. Commercial Trucks, Trailers, Campers and Boats. No trucks or commercial vehicles, or campers, mobile homes, motorhomes, house trailers or trailers of every other descr i ption, recreational veh icles, boats, boat trailers, horse trailers or vans, shall be permitted to be parked or to be stored at any place on The Properties, nor in dedicated areas. This prohibi tion of parking shall not apply to temporary parking of trucks and commercial vehicles, such as for piCk-Up and delivery and other commercial services, nor to vans for personal use which are in acceptable condi tion in the sole opinion of the Board (which favorable opinion may be changed at any time), nor to any vehicles of the Developer. No on-street parking shall be permit- ted. Any vehicle parked in violation of these or other restric- tions contained herein or in the rules and regulations now or hereafter adopted may be towed by the Association at the sole expense of the owner of such vehicle if such vehicle remains in violation for a period of 24 hours from the time a notice of violation is placed on the vehicle. The Association shall not be liable to the owner of such vehicle for trespass, conversion or otherwise, nor guilty of any criminal act, by reason of such towing and once the notice is posted, neither its removal, nor failure of the owner to receive it for any other reason, shall be grounds for relief of any kind. For purposes of this paragraph, "vehicle" shall also mean campers, mobile homes and trailers; and an affidavit of the person posting such notice stating that it was properly posted shall be conclusive evidence of proper post- ing. Section 14. Garbaqe and Trash Disposal. No garbage, refuse, trash or rubbish shall be deposi ted except as permi tted by the Association. The requirements from time to time of the applicable governmental authority for disposal or collection of waste shall be complied with. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condi tion. Containers must be rigid plastic, no less than 20 gallons or more than 32 gallons in capaci ty, and well sealed. Such containers may not be placed out for collection sooner than 24 hours prior to scheduled collection and must be removed within 12 hours of collection. '/.... Section 15. Fences. No fence, wall or other structure shall be erected in the front yard, back yard, or side yard set- back areas, except as originally installed by Developer and except any approved by the Architectural Control Board as above provided. Section 16. No Dryinq. To the extent lawful, no clothing, laundry or wash shall be aired or dried on any portion of The Properties. Section 17. Unit Air Conditioners and Reflective Materi- als. No air conditioning units may be mounted through windows or walls. No bu ildi ng shall have any alumi num foil placed in any window or glass door or any reflective substance or other mate- rials (except standard window treatments) placed on any glass, except such as may be approved by the Architectural Control Board for energy conservation purposes. - 16 - .' -,.---- ...- e ~'~f!~:/~. : ;_~~:" .. e .' 1 rr"!l- (~' -':..... ""'I \ I 5 I 5 I 973 Section 18. Exter ior Anten4,ihrilLE fllb Faxter ior antennas shall be permitted on any Lot or improvement thereon, except that Developer shall have the right to install and maintain community antenna, microwave antenna, dishes, satellite ante~na and radio, television and security lines. Section 19. Chain Link Fences. No chain link fences shall be permitted on any Lot or portion thereof, unless installed by Developer during construction periods. Section 20. Leases. No portion of a Lot and Unit (other than an entire Lot and Unit) may be rented. Each Owner wishing to lease his Lot and unit must give prior written notice to the Association of such fact and the names and addresses (and' such other information required from time to time by the Association) of the Occupants under such lease. The Association has the right (but not the obligation) to promulgate standard provisions to be included in all le~se forms, in wh ich case all leases must in- clude such standard provisions or be deemed to include same. Furthermore, the Association reserves the right to reject for reasonable cause any proposed lease of a Lot and Unit, and if so rejected, no such lease shall be permitted. Section 21. Additional Rules and Regulations. Attached hereto as Schedule A are certain additional rules and regulations of the Association which are incorporated herein by this refer- ence and wh ich, as may the foregoing, may be mod if ied, in whole or in part, at any time by the Board without the necessity of recording an amendment hereto or thereto in the public records. ARTICLE VIII RESALE RESTRICTIONS No Owner may sell or convey his interest in a Lot unless all sums due the Association and the Master Association shall be paid in full and an estoppel certificate in recordable form to such effect shall have been received by the Owner. If all such sums shall have been paid, the Association shall deliver such certifi- cate within ten (10) days of a written request therefor. The Owner requesting the certificate shall pay to the Association a reasonable sum to cover the costs of examining records and pre- paring the certificate. ARTICLE IX ENFORCEMENT Section 1. Compliance by Owners. Every Owner shall comply with the restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board of Directors of the Association. Section 2. Enforcement. Failure of an Owner to comply with such restrictions, covenants or rules and regulations shall be grounds for immediate action which may include, without limit- ation, an action to recover sums due for damages, injunctive relief, or any combination thereof. The Association shall have the right to suspend voting rights and use of Common Areas (ex- cept for legal access) of defaulting Owners. The offending Lot Owner shall be responsible for all costs of enforcement including attorneys' fees actually incurred and court costs. Section 3. Fines. In add i tion to all other remed ies, in the sole discretion of the Board of Directors of the Association, - 17 - e ::t!:'; ,/ . - , , r' ,-; . Lo'''' -~ . .. , , 151 5 I 074 a fine or fines may be imp~S~id:':Lt2p.dnFLan Owner for failure of an Owner, his family, guests, invitees or employees, to comply with any covenant, restriction, rule or regulation, provided the fol- lowing procedures are adhered to: (a) Notice: The Association shall notify the Owner of the alleged infraction or infractions. Included in the notice shall be the date and time of a special meeting of the Board of Directors at which time the Owner shall present reasons why penalties should not be imposed. At least 6 days' notice of such meeting shall be given. (b) Hear ing: The alleged non-compliance shall be presented to the Board of Directors after which the Board of Directors shall hear reasons why penalties should not be imposed. A written decision of the Board of Directors shall be submitted to the Owner by not later than twenty-one (21) days after the Board of Director's meeting. The Owner shall have aright to be represented by counsel and to cross- examine witnesses. If the impartiality of the Board is in question, the Board shall appoint three (3) impartial Mem- bers to a special hearing panel. (c) Penalties: The Board of Directors (if its or such panel's findings are made against the Owner) may impose special assessments against the Lot owned by the Owner as follows: (1) First non-compliance or violation: a fine not in excess of One Hundred Dollars ($100.00). (2) Second non-compliance or violation: a fine not in excess of Five Hundred Dollars ($500.00). (3) Third and subsequent non-compliance, or a violation or violations which are of a continuing nature: a fine not in excess of One Thousand Dollars ($1,000.00) . (d) Payment of Penalties: Fines shall be paid not later than five (5) days after notice of the imposition or assessment of the penalties. (e) Collection of Fines: Fines shall be treated as an assessment subject to the provisions for the collection of assessments as set forth herein. (f) Application of Penalties: All monies received from fines shall be allocated as directed by the Board of Directors. (g) Non-exclusive Remedy: These fines shall not be construed to be exclusive, and shall exist in addition to all other rights and remedies to which the Association may be otherwise legally entitled~ provided, however, any penal- ty paid by the offending Owner shall be deducted from or offset against any damages which the Association may other- wise be entitled to recover by law from such Owner. ARTICLE X GENERAL PROVISIONS Section 1. Duration. The covenants and restr ictions of this Declaration shall run with and bind The Properties, and shall inure to the benefit of and be enforceable by the Develop- - 18 - e !; f iC I. '.. ...,e EG[j'\ , . 1515 I 975 S::}:!:;CU:: co. FL. er, the Master Association, the Association, the Committee, 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 ninety-nine (99) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for succes- sive periods of ten (10) years each unless an instrument signed by the then Owners of 75' of all the Lots subject hereto has been recorded, agreeing to revoke said covenants and restr ictions. Prov ided, 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. Notice. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been proper ly sent when personally deli vered or mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. Section 3. Enforcement. Enforcement of these covenants and restr ictions shall be accomplished by any proceeding at law or in equity against any person or persons violating or attempt- ing to violate any covenant or restriction, either to restrain violation or to recover damages, and against the Lots to enforce any lien created by these covenants; and failure to enforce any covenant or restr iction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 4. Severability. Invalidation of anyone of these covenants or restrictions or any part, clause or word hereof, or the application thereof in specific circumstances, by judgment or court order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect. Section 5. Amendment. In addition to any other manner herein provided for the amendment of this Declaration, the cove- nants, restrictions, easements, charges and liens of this Decla- ration may be amended, changed or added to at any time and from time to time upon the execution and recordation 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 approv- al 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. In the event Urban of Tuscawilla, Inc. is not the Developer, no amend- ment may be made which, in its opinion, adversely affects its interest without its consent. The foregoing sentence may not be amended. Section 6. effective upon Records. Effective Date. its recordation This Declaration shall become in the Seminole County Public Section 7. Wi thdrawal. Developer reserves the right to amend this Declaration at any time, without prior notice and without the consent of any person or entity, for the purpose of removing certain portions of The Properties then owned by the Developer or the Association from the provisions of this Declara- tion to the extent included originally in error or as a result of reasonable changes in the plans for The Properties desired to be effected by the Developer. - 19 - - r '1 ("Y,!i:-;( <,!. ~ ': ,:: :;,f: .~ l.'l.......\ - , . , , 151 5 1876 S~i:>_~L La. FL. Section 8. Conflict. This Declaration shall take prece- dence over conflicting provisions in the Articles of Incorpora- tion and By-Laws of the Association and the Articles shall take precedence over the By-Laws. Section 9. Standards for Consent, A~roval, Completion, Other Action and Interpretation. Whenever t is Declaration shall require the consent, approval, completion, substantial comple- tion, or other action by the Developer, the Association or the Architectural Control Board, such consent, approval or action may be wi thheld in the sole and unfettered discretion of the party requested to give such consent or approval or take such action, and all matters required to be completed or substantially com- pleted by the Developer or the Association shall be deemed so completed or substantially completed when such matters have been completed or substantially completed in the reasonable opinion of the Developer or Association, as appropriate. This Declaration shall be interpreted by the Board of Directors and an opinion of counsel to the Association rendered in good faith that a particu- lar interpretation is not unreasonable shall establish the valid- ity of such interpretation. .. Section 10. Easements. Should the intended creation of any easement provided for in this Declaration fail by reason of the fact that at the time of creation there may be no grantee in being having the capacity to take and hold such easement, then any such grant of easement deemed not to have been so created shall nevertheless be considered as having been granted directly to the Association as agent for such intended grantees for the purpose of allowing the or ig inal party or parties to whom the easements were originally intended to have been granted the bene- fit of such easement and the Unit Owners designate hereby the Developer and the Association (or either of them) as their lawful attorney-in-fact to execute any instrument on such Owners' behalf as may hereafter be required or deemed necessary for the purpose of later creating such easement as it was intended to have been created herein. Formal language of grant or reservation with respect to such easements, as appropriate, is hereby incorporated in the easement provisions hereof to the extent not so recited in some or all of such provisions. .' Section 11. CPl. Whenever specific dollar amount are men- tioned in this Declaration (or in the Articles or By-Laws or rules and regulations), unless limited or prohibited by law, such amounts will be increased from time to time by application of a nationally recognized consumer price index chosen by the Board, using the date this Declaration is recorded as the base year. In the event no such consumer pr ice index is available, the Board shall choose a reasonable alternative to compute such increases. Section 12. Covenants Running wi th 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 4 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 JUDICIALLY 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 COVENANTS AND RESTRICTIONS TO SO RUN WITH THE LANDI 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 - 20 - - ......, ~ i;;,2',..",.-. ,,--: .. ,-/,:(",' ~'lj'-"I\ .' , \ 5 \ 5 \ 9 7 7 SEt'~I;~OLE co, fL. (THAT THESE COVENANTS AND RESTRICTIONS RUN WITH THE LAND AS AFORESAID) BE ACHIEVED. Section 13. Mandatory Merger. The Developer can, by writ- ten notice to the Association and each or all other associations formed to maintain property located in the Development (the Association and such other associations shall hereinafter be referred to collectively as "Sub-Associations.) require any or all of such Sub-Associations and any or all Master Associations formed to maintain property located in the Development to merge or consolidate (at Developer' s election) into a single associa- tion which will then govern all the lots affected by such merger or consolidation under and pursuant to all applicable declara- tions then affecting such lots. The consent of Members and members of the Boards of Directors to such merger or consolida- tion shall not be required, but to the extent, notwithstanding the foregoing, they must be obtained, such consents shall be deemed given by ac6~p~ance by each of such persons or entitie~of the respective deeds to each of the ir respective Lots. In the event of any such merger or consolidation, all regular expen~es incurred by the resulting association in respect of all of the properties governed by such association shall be shared equally by all affected lots (including, but not limited to,.~he Lots). Section 14. In the event of a permanent dissolution of the Association, the Owners shall immediately thereupon hold title to the Common Areas as tenants in common and shall collectively provide for the continued maintenance and upkeep thereof in a manner or under a procedure acceptable to the Ci ty of Winter Spr ings. In no event shall the Ci ty of Winter Spr ings be obli- gated to accept any dedication offered to it by the Association or the owners pursuant to this Section, but the City of Winter Springs may accept such a dedication and any such acceptance must be made by formal resolution of the then empowered City Commis- sion of Winter Springs. Anything to the contrary herein notwith- standing, this Section may not be amended without the written consent of the City of Winter Springs. EXECUTED as of the date first above written. Signed, Sealed and Delivered in the Presence of: URBAN OF INC. ~,t'~ ./Lu~, ~.d ./ By: The ~nstr~ent day of , 19~ by Presl ~ ,j; : ,;' ,.....1 (CORPO~~\"'"t1", ! ...,\.. . 1#1, .;." "/" ...... ..... 'oI'~. ...: .:::' .... ';..., .... \ : --" '..J t>- '. s ::.:: orj o~ a. ~:.u <It) -: a =lo,:" I..' (~JI'P..:II: : ;.J . u.J 0. C. _ .~ ,-', ~(/)... ...... ~ : " ........ ~.. .,. '.. .~. .. "".. . ~ "";<"-) . ..... ..... ,,,~ '- . '. '\' "" , 1 /"1 P^ \", "" If \" ',,,,...."."?I~~ me, th is Q:!..Y""- STATE OF~L IDA , SS: COUNTY OF , TUSCAWILLA, INC., a Florida corporation, ration. of URBAN OF of tqe c9rPO-:-, ") . '" . ,'. I MJt.;~,~~i~:iO~ Expires: r. ,I~),. _. . '.'LI ..J1..''7'' CII ~,'()I,~h (of t2r~o t j p,> ,', '" )'.;r, , ';:. Ion e"');r"s f' h 2 . " ; I '" ~ 'lClrc 4 1985 E~,~"",d thru laW', r. . " I "rs ClL;[<..ly Corp.. - .21 - ~ " I)J ./~"j_1i' · ~~..tl!." Nota pufuc \~ " , '" State of Florida at Large I ",uu."..,,, ",\\\ "'1" ...............,~ It. ~"", " '4" ....... .-'1' "',, "', !...",. ~ ..... "0,',':.. ~ ""': c:- 0 : ' :0: (;.) -4... \;;~: :~; ...~ '-~(:. . .... ,: '. '~1 .,..... '\ " ,."",.... . \ . . ", ~ ' ".' "! ,,':! 2' ":'; _ [; '.,,j : \ ' ',,- . I.., ,_ e ,. 5"1 5 .. I 1878 c --,' ,",. ~"I - - ..":;'"..L.'-i: :':0. FL. JOINDBR OF MORTGAGEE HERITAGE FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation organized under the laws of the United States of America, being the owner and holder of that certain Mortgage on the property described in the foregoing Declaration of Covenants and Restrictions for Casa Park Villas, which Mortgage is dated 9 -;QD--f(.3 , and recorded It) -~s--~ '3 ' in Off icial Records Book 14f ~ 7 ' Page '1-a T, of the pu llC Records of Seminole County, does ereby join 1n 'the foregoing Declaration of Covenants and Restr ictions for Casa Par k Villas and agrees that th,~li~&Df said Mortgage shall be subject to the provisions of sqi~ Dec~pra~on, provided, however, that nothing herein shall be' ~d.eemed t6'n.,C6nstitute a waiver of any rights reserved or '" CJr~nted..-to Mor-tg~gee (or similarly situated parties) in said Declaratibn. ':.n ~ ~~ ~ ~ . , ... 10 . .' ...... "I.. t;. . ' f')") Wit~Jses: ,~ ,', l:'JP'j J J~. SB..~ -\ J ~~~~ HERITAGE FEDERAL SAVINGS AND LOAN ASSOCIATION By: v~ -?~~, ~ ~ Presi nt ~~~ (Corporate Seal) STATE O~~~ ) COUNTY OF {/~~ ~ SS: Th~re90i~ ~nstrumen day 9f;.~~ , {/.L~ President of a corporation organized u er t e America, on behalf of the corporat , ". 0"" "'~':"':""''':;,,\,.;;; " . ~ \ ( ~~... . ..:::.~' 1:''''''\"'''' . " \; ~/ g~y ,CO,!M'i.ssi-?n Expires:~_~9~ fir ~_. -"\ . \~~, '...! ~'~' '. .~' 'f) ,-",'f" ,: vt ,.:~-". '-:. ::'>," '.' ,:::,:,;...., L~~ NOTARY, p~ . State of~ .I.dAJ ....:t',. .I "......>1.., _"1 ,,\ ... n ,~, " .....h.. . ._.-,. , . t., ,1,? ,,'f., . '" '. 1 ~\ '. '~'A' , / ~,.,,'~~ t :, (....:i :'. " :.\ '.J : I"~ !..:.., .. ..,.. "~ "I · VI t. \ ~~. F- IJ B \.. \ .,~:'; ~~ .,.,.. ~ ". ('0 .". ....... , r ,. ~,..,' . l,V ....., ........ " " - - -- CJ:!'::'-':'~' ':.",,!~ p J ('r-- I "'J:;" ,* ... , , EXHIBIT "A" J 5 J 5 J 979 C::::, '" U'I ,. "...."d;''-'....L: co. FL. The Common Areas, being all property other than Lots and units (excluding public utility installations), as shown on the Plat of Casa Park Villas Phase I, according to the Plat thereof, as recorded in Plat Book ,;.1 , Page dH'r~ of the Public Records of Seminole County, Florida. e .,.,... '.11 :1.. r'~' " o..J0l','\ , C 1".''':_ ," .. , , I 5 I 5 /980 S::I,II:: OU:: CO. FL. SCBBDULB A TO DBCIARATIOR OP COVEHAlft'S AND RESTRICTIONS POR CASA PARK VILLAS 1. The Common Areas and facilities shall not be obstruct- ed nor used for any purpose other than the purposes intended therefor. No carts, bicycles, carriages, chairs, tables or any other similar objects shall be stored therein. 2. The personal property of Owners must be stored in their respective units or in outside storage areas (if any are provided by Developer). 3. No garbage cans, supplies, milk bottles or other articles shall be placed on the exterior portions of any Unit or Lot and no linens, cloths, clothing, curtains, rugs, mops, or laundry of any kind, or other articles, shall be shaken or hung from or on the Uni t, the Lot or any of the windows, doors, fences, balconies, patios or other portions of the Unit or Lot, except as provided in the Declaration with respect to refuse containers. 4. No Owner shall permit anything to fall, nor sweep or throw, from the Unit any dirt or other substance onto the Lot or Common Areas. 5. Employees of the Association are not to be sent out by Owners for personal errands. The Board of Directors shall be solely responsible for directing and supervising employees of the Association. 6. No motor vehicle which cannot operate on its own power, boats, recreational vehicles or trailers shall remain on The Properties for more than twenty-four (24) hours, and no repair of such vehicles shall be made thereon. No portion of the Common Areas may be used for parking purposes, except those por- tions specifically designed and intended therefor. Areas designated for guest parking shall be used only for this purpose and neither Owners nor occupants of Units shall be permitted to use these areas. Vehicles which are in violation of these rules and regula- tions shall be subject to being towed by the Association as pro- vided in the Declaration. 7. No Owner shall make or permit any disturbing noises in the Unit or on the Lot by himself or h is family, servants, employees, agents, visitors or licensees, nor permit any conduct by such persons that will interfere with the rights, comforts or conveniences of other Owners. No Owner shall play or permit to be played any musical instrument, nor operate or permit to be operated a phonograph, television, radio or sound amplifier or any other sound equipment in his Unit or on his Lot in such a manner as to disturb or annoy other residents. No Owner shall conduct, nor permit to be conducted, vocal or instrumental in- struction at any time which disturbs other residents. 8. No electronic equipment may be permitted in or on any Unit or Lot which interferes with the television or radio recep- tion of another Unit. 9. No awning, canopy, shutter, enclosure or other projec- tion shall be attached to or placed upon the outside walls or - ,~. I ; :l, e , . [""."'...., L;vi. .\ j '. :.: t ,A. 151 5 I S 8 I SEI<:'....:L.l:: ':;[J. FL. roof of the Unit or on the Lot, except as approved by the Archi- tectural Control Board. 10. No Owner may alter in any way any portion of the Common Areas, including, but not limited to, landscaping, without obtaining the prior written consent of the Architectural Control Board. 11. No vegetable gardens shall be permitted except in fully enclosed patio areas. 12. No commercial use shall be permitted in the Develop- ment even if such use would be permitted under applicable zoning ordinances. 13. No flammable, combustible or explosive fluids, chemi- cals or substances shall be kept in any Unit, on a Lot or on the Common Areas. 14. An Owner who plans to be absent dur ing the hurricane season must prepare his Unit and Lot prior to his departure by designating a responsible firm or individual to care for his Unit and Lot should the Unit suffer hurricane damage, and furnishing the Association with the name (s) of such firm or individual. Such firm or individual shall be subject to the approval of the Association. 15. An Owner shall not cause anyth ing to be aff ixed or attached to, hung, displayed or placed on the exterior walls, doors, balconies or windows of his Unit. 16. All persons using any pool on the Common Areas (if any) shall do so at their own risk. All children under twelve (12) years of age must be accompanied by a responsible adult. Bathers are required to wear footwear and cover over their bath- ing suits in any enclosed recreation facilities (if any). Bathers with shoulder-length hair must wear bathing caps while in the pool, and glasses and other breakable obj ects may not be utilized in the pool or on the. pool deck, if any. Pets are not permi t ted in the pool or pool area (if any) under any c i rcum- stances. All persons using the pool, pool area or bath house (if any) shall comply wi th all rules promulgated by the Board of Directors from time to time and posted in the pool area. 17. Children will be the direct responsibility of their parents or legal guardians, including full supervision of them while within The Properties and including full compliance by them with these Rules and Regulations and all other rules and regula- tions of the Association. Loud noises will not be tolerated. All children under twelve (12) years of age must be accompanied by a responsible adult when entering and/or utilizing recreation facilities (if any). 18. Pets and other animals shall neither be kept nor main- tained in or about The Properties except in accordance with the Declaration and with the following: (a) Under no circumstances shall more than one (1) household pet not exceeding 29 pounds be permitted for each Lot. No pet shall be permitted outside of its Owner's Unit unless attended by an adult and on a leash of reasonable length. Said pets shall only be walked or taken upon those portions of the Common Areas designated by the Association from time to time for such purposes. In no event shall said pets ever be allowed to be walked or taken on or about any recreational facilities (if any) contained within the Common Areas. -2 - . " . ;"-,-," !.;;l ;<.., [~' OS;~\ . " e " ,A I 5 I 5 I 982 saii::ou:: co. FL. (b) Any pet deemed to be objectionable by the Board of Directors for any reason shall be removed promptly by the Owner on fifteen (15) days' notice. 19. Every Owner and occupant shall comply with these rules and regulations as set forth herein, any and all rules and regu- lations which from time to time may be adopted, and the provi- sions of the Declaration, By-Laws and Articles of Incorporation of the Association, as amended from time to time. Failure of an Owner or occupant to so comply shall be grounds for action which may include, without limitation, an action to recover sums due for damages, injunctive relief, or any combination thereof. The Association shall have the right to suspend voting rights and use of recreation facili ties, if any, in the event of failure to so comply. In addition to all other remedies, in the sole discre- tion of the Board of Directors of the Association, a fine or fines may be imposed upon an Owner for failure of an Owner, his tenants, family, guests, invi tees or employees, to comply wi th any covenant, restr iction, rule or regulation herein or in the Declaration, or Articles of Incorporation or By-Laws, as provided in the Declaration. 20. These rules and regulations shall not apply to the Developer, nor its affiliates, agents or employees and contrac- tors (except in such contractors' capacity as Owners), nor to institutional first mortgagees, nor property while owned by either the Developer or its affiliates or such mortgagees. All of these rules and regulations shall apply, however, to all other Owners and occupants even if not specifically so stated in por- tions hereof. The Board of Directors shall be permitted (but not required) to grant relief to one or more Owners from specific rules and regulations upon written request therefor and good cause shown in the sole opinion of the Board. ..'" ' . C) ::0 r.::' ,_~ ~ ~ ::> '-~ ~ g " < lt~ ! ')'~ ,~ _.J.: c.: "'- -r} Tl;:o ~ iTi cO:-.... c ( 00 U1 ""-J C to - 3 - ~. )\h Tl~ IV !t-rr1 (:;:~ C 1'1 A-rvc7e J~ C I- I 1~9lU +~( r+:'Io (clo{)'Yt\. f:"f\.J.-t ("o~e-.. . :oa~'A ~ u~ r '~, ) ,vf.lTF I iJu0-/o"C,B ~C(:, ~;::\ .~ 0 r-- tn N ~ (""') Z H ~~H p..:>~ tn<l:l ~ ~ZU) ~O~ E-l~Z Z~H "H~~ O:3~p.. E-l ~U) ~ :5 0 . ~ S Z~ E-l~O~ ~HOH ~U-;t:3 e o. R. 1576 PG 0816' \ .. . f SECOND AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS en 4"Y1 (no :r:r :. ~~ rg o :r:r .(") 0 ~ ~f t' ~ -0 -{(") :::0 3:: -; <:> ':;j "c ~ _ . .-:0 f'> I'll 00..... c;, ...c::.. MASTER DECLARATION OF COVENANTS AND RESTRICTIONS FOR - CASA PARK VILLAS ~ w AND N en SECOND AMENDMENT TO THE FOR CASA PARK VILLAS ~------------- THIS SECOND AMENDMENT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR CASA PARK VILLAS AND SECOND AMENDMENT TO THE MASTER DECLARATION OF ~OYENANTSANP RE,EpTRfCTIONS FOR CASA PARK VILLAS is made this f day of ~ "{ 1;"",. &;.f--l , 1984, by Urban of Tuscawilla, Inc., a Florida corpora ion, as the Developer of certain lands described herein and as the owner of all the right, title and interest, both legal and equitable, in and to certain property described herein. WIT N E SSE T H +- WHEREAS, Urban of Tusc?willa, Inc., a Florida corporation (hereinafter referred to as the "Developer"), is defined as the Developer in and executed the following described documents, including: the Declaration of Covenants and Restrictions for Casa Park Villas executed on the 24th day of December, 1983, and recorded on January 9, 1984, in Official Records Book 1515, Page 1957, Public Records of Seminole County, Florida (hereinafter referred to as the "Declaration of Covenants"); the First Amendment to Declaration of Covenants and Restrictions for Casa Park Villas executed on the 16th day of May, 1984 and recorded on the 17th day of May, 1984, in Official Records Book 1547, Page 1342, Public Records of Seminole County, Florida (hereinafter referred to as the "First Amendment to the Declaration of Covenants"); the Master Declaration of Covenants and Restrictions for Casa Park Villas executed on the 24th day of December, 1983, and recorded on the 9th day of January, 1984, in Official Records Book 1515, Page 1934, Public Records of Seminole County, Florida (hereinafter referred to as the "Master Declaration of Covenants"); and the First Amendment to the Master Declaration of Covenants and Restrictions for Casa Park Villas executed on the 16th day of May, 1984, and recorded on the 17th day of May, 1984, in Official Records Book 1547, Page 1337, Public Records of Seminole County, Florida (hereinafter referred to as the "First Amendment to the Master Declaration"); (~0 fa ~ec, 'i) This Instrument Was Prepared B}: PAUL R. GOUGELMAN. BROAD AND CASSEll 2699 Lee Road, Suite 20~ Wintn,. P':t...lr r'''rrrt~ -:a?7AQ /CecolZ.OeP '5c.rJ- 4 ,} ('1 ~"f' e o. R. 1576 "0817 1 ~ WHEREAS, Article I(c) of the Declaration of Covenants and Article I(c) of the Master Declaration of Covenants defines the ter~ "Developer" as including Urban of Tuscawilla, Inc.; WHEREAS, Article II, Section 2 of the Declaration of Covenants permits the Developer in its sole and absolute discretion to subject other land to the provisions of the Declaration of Covenants; WHEREAS, Article X, Section 5 of the Declaration of Covenants permits the Developer in is sole and absolute discretion, for so long as it holds title to any lot affected by the Declaration of Covenants, to amend the Declaration of Covenants, and the Developer currently holds title to more than one lot subject to the Declaration of Covenants; WHEREAS, Article X, Section 13 of the Declaration of Covenants permits the Developer in its sole and absolute discretion to require the Casa Park Villas Master Association, Inc. to merge into the Casa Park Villas of Tuscawilla Homeowners' Association, Inc. formed pursuant to the Declaration of Covenants, and the consent of any other lot owners or the members and Board of Directors of the Casa Park Villas Master Association, Inc. or of the Casa Park Villas of Tuscawilla Homeowners' Assocaition, Inc. shall not be required; WHEREAS, Article VIII, Section 5, of the Master Declaration of Covenants provides that the Developer in its sole and absolute discretion may at any time amend the Master Declaration of Covenants; WHEREAS, Article VIII, Section 9, of the Master Declaration of Covenants provides that the Developer in its sole and absolute discretion may at any time amend the Master Declaration without prior notice and without the consent of any other person or entity for the purpose of removing any property subject to the Master Declaration of Covenants; WHEREAS, Article VIII, Section 14, of the Master Declaration of Covenants provides that the Developer in its sole and absolute discretion has the power without consent from any land owners subject to the Master Declaration of Covenants or the members or Board of Directors of the Casa Park Villas Master Association to require that said Master Association merge with the Casa Park Villas of Tuscawilla Homeowners' Association; WHEREAS, on the 18th day of May, 1984, the Casa Park Villas of Tuscawilla Homeowners' Association, Inc. members and Board of Directors held a joint meeting by which they approved a Plan of Merger and Articles of Merger whereby the Casa Park Villas Master Association, Inc. would merge into the Casa Park Villas of Tuscawilla Homeowners' Association, Inc.; 2 e O.H. 15~G 0818 . 1 WHEREAS, on the 18th day of May, 1984, the Casa Park Villas Master Association, Inc. members and Board of Directors held a joint meeting by which they approved a Plan of Merger and Articles of Merger by which the said Casa Park Villas Master Association, Inc., would merge into the Casa Park Villas of Tuscawilla Homeowners' Association, Inc.; WHEREAS, the Casa Park Villas of Tuscawilla Homeowners' Association, Inc., would thereby be the surviving corporation; WHEREAS, by virtue of the power vested in the Developer, all of the real property subject to the Master Declaration of Covenants shall be brought under the authority of the Declaration of Covenants and the Casa Park Villas of Tuscawilla Homeowners' Association, Inc., as described herein; WHEREAS, by virtue of the above described authority in the Developer, new real property to be commonly referred to as Casa Park Villas Phase II shall be made subject to the Declaration of Covenants; WHEREAS, Article II, Section 2 of the Declaration of Covenants states that all existing lot owners of property in Casa Park Villas Phase I according to the plat thereof as recorded in Plat Book 29, Pages 34 and 35 of the Public Records of Seminole County, Florida, by acceptance of a deed automatically consent to the addition of the real property made subject to the Declaration of Covenants as set forth herein; and WHEREAS, the Developer is desirous of making the changes set forth herein. NOW, THEREFORE, Urban of Tuscawilla, Inc. hereby declares that the Declaration of Covenants as amended by the First Amendment to the Declaration of Covenants and the Master Declaration of Covenants as amended by the First Amendment to the Master Declaration of Covenants are hereby reformed, revised, and amended, and that all real property set forth therein shall be held, sold, and conveyed subject to the following conditions, covenants, easements, and restrictions, which shall constitute covenants running with the land or equitable servitudes upon the land, as the case may be and shall be binding on the Developer and on each owner of the real property or any part thereof described herein, their heirs, personal representatives, guardians, successors, or assigns. The following conditions, covenants, easements and restrictions shall inure to the benefit of the Developer and each owner of real property or any part thereof described herein, their heirs, personal representatives, guardians, successors, or assigns. 1. All of the above referenced recitations are true and correct and are incorporated herein as if specifically set forth herein. 3 e o. R. "76 PG 0819 · , 2. Article I(b) of the Declaration of Covenants shall be amended as follows: "(b) "Common Areas" shall mean and refer to the property described in Exhibit A attached to and made a part hereof, plus all property designated as Common Areas in any future recorded supplemental declaration; together with the landscaping and any improvements thereon, including, without limitation, all structures, recreational facilities, open space, walkways, entrances markers, signs, sprinkler systems and street lights, if any, but excluding any public utility installations thereon." 3. Article I(g) and (h) of the Declaration of Covenants are hereby deleted and abolished, and Article I(i) and (j) are relettered as follows: "(g)"The Properties" shall mean and refer to all such existing properties, and additions thereto, as are now or hereafter made subject to this Declaration, except such as are withdrawn from the provisions hereof in accordance with the procedures hereinafter set forth. (h) "Unit" shall mean and refer to any townhome residence constructed on a Lot." 4. Article II, Sections 1. and 2. of the Declaration of Covenants are amended as follows: "Section 1. Legal Description. The real property which is and shall be held, transfe~red, sold, conveyed and occupied subject to this Declaration is located in Seminole County, Florida, and is more particularly described as follows: All of Casa Park Villas Phase I, according to the Plat thereof, as recorded in Plat Book 29, Pages 34 & 35 of the Public Records of Seminole County, Florida, and all of Casa Park Villas Phase II, according to the Plat thereof, as recorded in Plat Book 30 , Pages y') and 9~, Public Records of Seminole County, Florida, all of which real property, and all additions thereto, is herein referred to collectively as "The Properties". To the extent all or any portion thereof is not owned by the Developer, the respective Owners thereof shall have joined in this Declaration for the purpose of subjecting that portion of The Properties owned by each of them to this Declaration. Section 2. Supplements. Developer may from time to time bring other land under the provisions hereof by recorded supplemental declarations (which shall not require the consent of then existing Owners or the Association, or any mortgagee, except in the case of property not then owned by the Developer, in which case the Owner thereof shall join in the applicable supplemental 4 - o. R. _76 PI 0820 declaration) and thereby add to The Properties. To the extent that additional real property shall be made a part of The Properties as a common scheme, reference herein to The Properties should be deemed to be reference to all of such additional property where such reference is intended to include property other than that legally described above. Except as provided in Article X, Section 12 hereof, nothing herein, however, shall obligate the Developer to add to the initial portion of The Properties, to develop any such future portions under such common scheme, nor to prohibit Developer from rezoning and changing the development plans with respect to such future portions and/or the Developer from adding additional or other property to The Properties under such common scheme. All Owners, by acceptance of a deed to their Lots, thereby automatically consent to any such rezoning, change, addition or deletion thereafter made by Developer and shall evidence such consent in writing if requested to do so by the Developer at any time." 5. Article IV, Section 1. of the Declaration of Covenants is amended as follows: "Section 1 Members Easements. Each Member, and each tenant, agent and invitee of such Member, shall have a non-exclusive permanent and perpetual easement over and upon the Common Areas for the intended use and enjoyment thereof in common with all other such members, their tenants, agents and invitees, in such manner as may be regulated by the Association. Without limiting the generality of the foregoing, such rights of use and enjoyment are hereby made subject to the following: / (a) The right and duty of the Association to levy assessments against each Lot for the purpose of maintaining 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 premises') voting rights and right to use the recreational facilities (if any) 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 charge reasonable admission and other fees for the use of recreational facilities (if any) situated on the Common Areas. (d) The right of the Association to adopt at any time and from time to time and enforce rules and regulations governing the use of the Common Areas and all facilities at any time situated thereon, including the right to fine Members as hereinafter provided. Any rule and/or regulation 5 - 0."576 PG 0821 f so adopted shall apply until rescinded or modified as if originally set forth at length in this Declaration. (e) The employees of the Developer and their families shall have the right to use all Common Areas, including recreational facilities (if any), in perpetuity. (f) The right to use and enjoyment of the Common Areas and facilities thereon shall extend to all permitted user's immediate family who reside with him, subject to regulation from time to time by the Association in its lawfully adopted and published rules and regulations. (g) The right of the Developer to permit such persons as Developer shall designate the use the Common Areas and all recreational facilities located thereon (if any). (h) The right of the Association, by a 2/3rds affirmative vote of the entire membership, to dedicate portions of the Common Areas to the public agency under such terms as the Association deems appropriate and to create or contract with special taxing districts for lighting, roads, recreational or other services, security, or communications and other similar purposes deemed appropriate by the Developer (to which such creation or contract all Owners hereby consent)." 6. Article IV, Section 3 of the Declaration of Covenants shall be amended as follows: "Section 3. 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 paving, drainage structures, street lighting fixtures and appurtenances, landscaping, entrance markers, 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 Association. Maintenance of the aforesaid street lighting fixtures shall include and extend to payment for all electricity consumed in their illumination. Wit:.]:lQ\.l.tlirniting the generality of the foregoing, the Association shall assume all of Developer's responsibility to SeminOle CCHIrftyco-t-anykind with respect to the COmmon Areas and shall indemnify and hold the Developer harmless with respect thereto. As hereinafter provided, the Association shall also maintain the landscaping as originally placed by the Developer in the five t'5')foot front yard and in the ten (10) foot backyard of each Lot, and, may at its option, maintain and repair other portions of the Lots and improvements constructed thereon, in the manner hereinafter contemplated and easements over such Lots are hereby reserved in favor of the Association and its designees to effect such maintenance and repair. The Owner shall be responsible, however, for the maintenance, replacement and repair of all 6 e A. 1576 PO 0822 paving, landscaping (except for portions to be maintained by the Association, if any), structures and improvements located on his Lot. All work pursuant to this Section and all expenses incurred hereunder shall be paid for by the Association through assessments (either general or special) imposed in accordance herewith. Expenses to the Association shall be deemed a general expense, or in the case of charges applicable to only one or more specific classes of Lots to the exclusion of others, a special expense to be allocated only among the affected Lots. No Owner may waive or otherwise escape liability for assessments by non- use of the Common Areas or abandonment of the right to use the Common Areas." 7. Article VI, Section 8. of the Declaration of Covenants shall be amended as follows: "Section 8. Effect of Non-Payment of Assessment; the Personal Obligation; the Lien; Remedies of the Association. If the assessments (or installments) are not paid on the date(s) when due (being the date(s) specified herein), then such assessments (or installments) shall become delinquent and shall, together with late charges, interest and the cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the Lot which shall bind such property in the hands of the then Owner, his heirs, personal representatives, successors and assigns. The personal obligation of the then Owner to pay such assessment shall pass to his successors in title and recourse may be had against either or both. / If any installment of an assessment is not paid within fifteen (15) days after the due date, at the option of the Association, a late charge not greater than the amount of such unpaid installment may be imposed (provided that only one late charge may be imposed on anyone unpaid installment and if such installment is not paid thereafter, it and the late charge shall accrue interest as provided herein but shall not be subject to additional late charges, provided further, however, that each other installment thereafter coming due shall be subject to one late charge each as aforesaid) or the next 12 months' worth of installments may be accelerated and become immediately due and payable in full and all such sums shall bear interest from the dates when due until paid at the highest lawful rate and the Association may bring an action at law against the Owner(s) personally obligated to pay the same or may record a claim of lien (as evidence of its lien rights as hereinabove provided for) against the Lot on which the assessments and late charges are unpaid or may foreclose the lien against the Lot on which the assessments and late charges are unpaid, or may pursue one or more of such remedies at the same time or successively, and attorneys' fees and costs of preparing the filing the claim of lien and the complaint, if any, in such action shall be added to the amount of such assessments, late charges and interest, and in 7 e ~. R. 1576 PI 0823 the event a judgment is obtained, such judgment shall include all such sums as above provided and reasonable attorneys' fee to be fixed by the court together with the costs of the action, and the Association shall be entitled to attorneys' fees in connection with any appeal of any such action. In the case of an acceleration of the next 12 months' worth of installments, each installment so accelerated shall be deemed, initially, equal to the amount of the then most current delinquent installment, provided that if any such installment so accelerated would have been greater in amount by reason of a subsequent increase in the applicable budget, the Owner of the Lot whose installments were so accelerated shall continue to be liable for the balance due by reason of such increase and special assessments against such Lot shall be levied by the Association for such purpose. In addition to the rights of collection of assessments stated in this Section, any and all persons acquiring title to or an interest in a Lot as to which the assessment is delinquent, including without limitation persons acquiring title by operation of law and by judicial sales, shall not be entitled to the occupancy of such Lot or the enjoyment of the Common Areas until such time as all unpaid and delinquent assessments due and owing from the selling Owner have been fully paid, and no sale or other disposition of Lots shall be permitted until an estoppel letter is received from the Association acknowledging payment in full of all assessments and other sums due; provided, however, that the provisions of this sentence shall not be applicable to the mortgagees and purchasers contemplated by Section 9 of this Article. It shall be the legal duty and responsibility of the Association (as hereinafter contemplated) to enforce payment of the assessments hereunder. Failure of the Association to send or deliver bills shall not, however, relieve Owners from their obligations hereunder. All assessments, late charges, interest, penalties, fines, attorney's fees and other sums provided for herein shall accrue to the benefit of the Association. Owners shall be obligated to deliver the documents originally received from the Developer, containing this and other declarations and documents, to any grantee of such Owner." 8. Article VI, Sections 11 to 13 of the Declaration of Covenants shall be amended by deleting the existing Section 11 and renumbering as follows: "Section 11. Effect on Developer. Notwithstanding any provision that may be contained to the contrary in this instrument, for as long as Developer is the Owner of any Lot, the Developer shall not be liable for assessments against such Lot, 8 e eo. R. 1576 PG 0824 ~ provided that the Developer funds any deficit in operating expenses (exclusive of reserves and management fees) of the Association. Developer may at any time and from time to time commence paying such assessments as to Lots that it or they own and thereby automatically terminate its obligation to fund deficits in the operating expenses of the Association, or at any time and from time to time elect again to fund deficits as aforesaid. When all Lots within The Properties are sold and conveyed to purchasers, Developer shall not have further liability of any kind to the Association for the payment of assessments or deficits. Notwithstanding anything to the contrary contained in this Section, the Developer shall make a one-time initial contribution to the Association of $10,000.00 to be used as initial working capital to maintain the Common Areas until such time as sufficient funds have been assessed against the Members to maintain the Common Areas. Section 12. Trust Funds. The portion of all regular assessments collected by the Association for reserves for future expenses, and the entire amount of all special assessments, shall be held by the Association for the Owners of all Lots, as their interest may appear, and may be invested in interest bearing accounts or in certificates of deposit or other like instruments or accounts available at banks or savings and loan institutions the deposits of which are insured by an agency of the United States." 9. Article VII, Section 4 of the Declaration of Covenants shall be amended as follows: "Section 4. Easements, Easements for installation and maintenance of utilities are reserved as shown on the recorded plats covering The Properties and as provided herein. Within these easements, no structure, planting or other material may be placed or permitted to remain that will interfere with or prevent the maintenance of utilities. The area of each Lot covered by an easement and all improvements in the area shall be maintained continuously by the Owner of the Lot, except as provided herein to the contrary and except for installations for which a public authority or utility company is responsible. The appropriate water and sewer authority, electric utility company, telephone company, the Association, and Developer and their respective successors and assigns, shall have a perpetual easement for the installation and maintenance, all underground, of water lines, sanitary sewers, storm drains, and electric, telephone and security lines, cables and conduits, under and through the utility easements as shown on the plats. Developer and its designees, successors and assigns, shall have a perpetual easement for the installation and maintenance of cable and community antennae, radio, television and security lines within platted utility easement areas. All utilities and liens within the subdivision, whether in street rights-of-way or utility easements, shall be installed and maintained underground." 9 e .. R. 1576 PG 0825 10. Article VIII of the Declaration of Covenants is amended as follows: "No owner may sell or convey his interest in a Lot unless all sums due the Association shall be paid in full and an estoppel certificate in recordable form to such effect shall have been received by the Owner. If all such sums shall have been paid, the Association shall deliver such certificate within ten (10) days of a written request therefor. The Owner requesting the certificate shall pay to the Association a reasonable sum to cover the costs of examining records and preparing the certificate." 11. Article X, Section 1, of the Declaration of Covenants shall be amended as follows: "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 Committee, 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 ninety-nine (99) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years each, unless an instrument signed by the then Owners of 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." 12. Exhibit "A" of the Declaration of Covenants is amended as follows: "EXHIBIT "A" The Common Areas, being all property other than Lots and Units (excluding public utility installations), as shown on the Plat of Casa Park Villas Phase I, according to the Plat thereof as recorded in Plat Book 29, Page 34 and 35 of the Public Records of Seminole County, Florida and as shown on the Plat of Casa Park Villas Phase II, according to the Plat thereof as recorded in Plat Book 3D , Pages 7/7 and 90 of the Public Records of Seminole County, Florida, together with the main roads, being Casa Park Circle South and Casa Park Circle East, providing vehicular access from the public right of way known as Trotwood Boulevard through Casa Park Villas Phase I, according to the plat thereof as recorded in Plat Book 29, Pages 34 and 35, Public Records of Seminole County, Florida." 10 e o.e 1576 P8 0826 13. The Master Declaration of Covenants as amended by the First Amendment to the Master Declaration of Covenants is hereby cancelled, rescinded, and terminated, and all powers, duties, rights, privileges, and responsibilities, reserved unto the Developer and the Casa Park Master Association, Inc., together with whatever easement and real property rights that the said Casa Park Villas Master Association, Inc. may have are hereby transferred, remised, conveyed, quitclaimed and assigned to the Casa Park Villas of Tuscawilla Homeowners' Association, Inc., and made subject to the Declaration of Covenants as amended by the First Amendment to the Declaration of Covenants. 14. The purpose of this instrument and the intent of the Developer is to subject all of the Real Property comprising Casa Park Villas Phase I, according to the Plat thereof as recorded in Plat Book 29, Pages 34 and 35, Public Records of Seminole County, Florida, and Casa Park Villas Phase II, according to the Plat thereof as recorded in Plat Book ~.....o , Pages 7? and ;lcf> , Public Records of Seminole County, Florida, to the conditions, covenants, easements and restrictions set forth in the Declaration of Covenants. ..... .. . .., ,..... ........ ; IN WITNESS WHEREOF, Urban of Tuscawilla, Inc. has cause.~"..<~:,- ....;1. . these presents to be executed in its corporate name by and} ~'/-/';:'.'.\I ~o-..... ~ . . .:J . C> './.. - . through individuals duly author1zed so to s1gn the date anl;l y:e,~nl<~ a:: . first wr i tten above. - ". - '/) _ 0.: 1\0 . '. . ) --'" .. ). .y ...' \ ... INC ~. -, ..........:.". -,- . , 'J '.' ... ,.......-.. ~:.....~~~.\\-';\\~. COUNTY OF (J/iAJ-j...t. The foregoing instrument this 'If"- day of. .s~~~",~- as J1A.~ - ?!-u'u~?...."f- of Florida corporation, on behalf By: was acknowledged before me , , 1984, by JlI~-... 1/ (y. ,"',) ;', Urban of Tuscawilla, I~c., ~~. ~: of the <;Qrporj\-t;ion.:;L1 _.' .....~i~."....~.> ~ / .1 .- .. .... .,' C:.,- <..) ". " / ~.-/ .., . - / / ~ -______.. .0: ~ , - ". . /t~ / -( (/' ~G--;"_ ~ . -.J : ~ / . / ..' . _ \: 0 , Qj : ,': NOT PUBld C . '. ". ~ ~.'" _s-tat~ of t..i6r ida at LargJ;! .....~.. .~~ My C'ommission Expires: . SrA1't. Notary l'ublic, Si3t'l d F!orida My (omhli>s:on Expire:; May 19, 19~1 ~onJuiJ .lh,.. J-,o.,. ~~~__: l~I.SW._~~n'c, Il}~ ~~ 11 e ne. 1576 PG 0827 JOINDER OF MORTGAGE HERITAGE FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation organized under the laws of the United States of America, being the owner and holder of certain Mortgages on the property described in the foregoing Second Amendment to the Declaration of Covenants and Restrictions for Casa Park Villas and the Second Amendment to the Master Declaration of Covenants and Restrictions for Casa Park Villas, including Mortgages which are dated May 29, 1984, and recorded May 31, 1984, in Official Records Book 1550, Page 1779, of the Public Records of Seminole County; and dated January 9, 1984 and recorded in Official Records Book 1516, Page 875, Public Records of Seminole County, Florida; and dated September 30, 1983 and recorded on October 25, 1983 in Official Records Book 1497, Page 1425, Public Records of Seminole County, Florida, as modified by that Modification of Mortgage dated January 9, 1984 and recorded in Official Records Book 1516, Page 881, Public Records of Seminole County, Florida, among others, does hereby join in the foregoing Second Amendment to the Declaration of Covenants and Restrictions for Casa Park Villas and the Second Amendment to the Master Association of Covenants and Restrictions for Casa Park Villas and agrees that the lien of said Mortgage shall be subject to the provisions of said Declaration; provided, however, that nothing herein shall be deemed to constitute a waiver of any rights reserved or granted to Mortgagee (or similarly situated parties) in said Declaration. (Corporate , ~ " .,' .\" Witnesses: ~~tz~ ~26~{CLI- /l <- L'( /j ~ {, HERITAGE AND LOAN By: STATE OF FLORIDA SS: COUNTY OF VOLUSIA The oregoing instrument wali. ackno~edged beforeJ~ this ~/.Jr day of '( , 1984 by H~ ~. f~mDll. -.J f5..., as Vice- President 0 HERITAGE FEDERAL SAVIN AND LOAN Ass6cIATION, a corporation organized under the laws of the United States of America, on behalf of the corporation. ~~~.~.;liidYMt11Y- Notary Pub~'l~ :.............{.", My comrnissi~y.. es<~,"!t~s.-:,..I 1- 2D-~5 '. 00.. ,. 1<1' .. ~, , : : ,.. fI . .... ,- :~- '. ("'\,,: <-1 . '. P \) ~ ......{f ............. \'-., . ') /~: T:; C:........ r 'v\J (,\1' ~ ,~ J ~~ riQ ~1 ,~ ~~ ~ " "-.I ~ ~~ ~~ :~ ~f ~QJ ~ \~ i: ~ :-. ~~' . ~ :. . -, D~,~':' 151 5 o " [e ,_" ~ J $[;';;.', ,.:' _ ~ ~~ iJ. fL. MASTER DBCLARATIOtI 0' COVE HARTS AIm RESTRICTIONS FOR CASA PAUVILLAS THIS DECLARATION is made this ~ day of DEU=M~-"'" , 19Y3, by URBAN OF TUSCAWILLA, INC., a Florida corporation, whTCh declares hereby that "The Properties" as described in Article II hereof are and shall be held, transfer red, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth. ll.J ~ ~ ~ \l) ARTICLE I DEFINITIONS The following words when used in this Declaration (unle~s the context sh~ll prohibit) shall have the following meanings: (a) "Association" or "Master Association" shall mean and refer to CASA PARK VILLAS MASTER ASSOCIATION, INC., a Florida corporation not for profit, which is (or is to be) incorporated. (b) "~ommon Areas" shall mean the property des- cribed in Exhibit A attached to this Declaration, which are the main roads providing vehicular access from the public rights of way fronting The Properties, together with, if applicable, all Landscaping and pedestrian Areas, entry features, signs identifying the Development (or portions thereof), and the main gatehouse (if any); and such similar property which may hereafter be added by supplemental decla- ration regardless of whether any such items are capable of being legally described or lie within dedicated areas or abut The Properties; together with the landscaping and any t~~~~~~:~~~~s ~~: ~:~~: I ~~e fo-~~i~:~~lL~,,-_i~~l~~.gh.~. ..~.. i. ~...~~ t~qt..._..t.Q__Qbt.a i lli!1~L._a l~ _ ~~fe:g ==..~~ieL nme n ta l--~PXQ_YCll.fL_ Cl.ng, pe rm.!t s, t9__~Q-'.H~.~~.~c t on ~!1.g- C0mp'nn_A.t:,e.~~ fmcb .Jac i lit i es qS Developer'- deems approprIate. 'Tfie-.--EIiliIng and phasing of all such construction shall be solely within the discretion of Developer. (c) "Developer" shall mean and refer to Urban_.Qf. Tuscawilla, ~~.,~Florida corporation, its successors and -such of' its assigns as to which the rights of Developer hereunder are specifically assigned. Developer may assign only a portion of its rights hereunder, or all or a portion of such rights in connection wi th appropr iate portions of the Development. In the event of such a partial assignment, the assignee shall not be deemed the Developer, but may exercise such rights of Developer specifically assigned to it. Any such assignment may be made on a non-exclusive basis. (d) The "Development" shall mean all property legally described in Exhibit B attached to this Declaration which is intended to be made part of a common scheme of development in the manner specified hereunder. (e) "Landscaping and Pedestr ian Areas" shall mean and refer to strips of land of varying widths abutting tne ~~~~~~-~J ~~~: /~~'~0~V /4~/~~eh~~~ 0?~~L-/)cV~ J~/.. - . - " ,. - ; '".... ~ . . /5/5 /835 S..:: .:;,__..: L:J. FL. Common Areas in The Properties or abutting public rights of way fronting The Properties for portions or all of their entire length, notwithstanding that any such strips of land may lie within the common areas owned by Sub-Associations within the Development. The Developer shall make reasonable efforts to indicate a physical boundary between the Land- scaping and Pedestr ian Areas referred to above and such other common areas, but in the absence of such physical boundary, the Developer shall have the absolute right to determine the actual boundary and such determination shall be binding on all affected associations and Owners within the Development. The fact that certain of such Landscaping and Pedestrian Areas are not legally described shall not affect their character as Common Areas for purposes' hereof. (f) "Lot" shall mean and refer to any Lot on the various plats of portions of the Development, which plats are designated by Developer hereby or by any other recorded instrument to be subject to these covenants and restrictions (and to the extent Developer is not the Owner thereof, then designated by Developer joined by the Owner thereof), any Lot shown upon any resubdivision of any such plat, and any other property hereafter declared as a Lot by the Developer and thereby made subject to this Declaration. To the extent the Developer is not the Owner of a Lot then such declara- tion shall be made by the Developer joined by the Owner thereof. (g) "Member" shall mean and refer to all those Owners who are Members of the Master Association as herein- after provided. (h) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot situated upon The Properties. (i) "Sub-Association" shall mean any townhome asso- ciation or other association created or to be created to administer specific portions of the Development and common properties or elements lying within such portions pursuant to a declaration of covenants and restrictions affecting such portions. (j) "Developer's Properties" shall mean and refer to that portion of the Development now owned by the Devel- oper, legally described in Exhibit C attached to this Declaration. (k) "Other Owner" shall mean and refer to the Owner, as of the date this Declaration is recorded, of the portion of the Development more particularly described in Exhibit D, attached hereto and made a part hereof. (1) "Other Owner's Properties" shall mean and refer to that portion of the Development owned by the Other Owner, as of the date of recordation of this Declaration, legally described in Exhibit D attached to this Declaration and made a part hereof. (m) "The Properties" shall mean and refer to all such existing properties, and additions thereto, as are now or hereafter made sUbject to this Declaration, except such as are withdrawn from the provisions hereof in accordance with the procedures set forth in this Declaration. - 2 - e TC",' "e' t! ~ : : l,'.. _ " r:c,t, " ': t 5 I 5 I S 3 6 S:::i<;{.:~L:: ~J. FL. (n) "Unit" shall mean and refer to any dwelling unit constructed on a Lot (whether separately owned or rented by the Owner of such Lot) erected o~ any parcel of land within The Properties, which land is designated by Developer by recorded instrument to be subject to this Dec- laration (and to the extent Developer is not the Owner thereof, then by Developer joined by the Owner thereof). All references in this instrument to recording data refer to the Public Records of Seminole County, Florida. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS THERETO Section 1. Leqal Description. The initial real proper:ty which is and shall be held, transferred, sold, conveyed and occu- pied subject to this Declaration is located in Seminole County, Florida, and is more particularly described in Exhibit E attached hereto and shall ini tially consti tute The Properties. To the extent all or any portion thereof is not owned by the Developer, the respective Owners thereof shall have joined in this Declara- tion for the purpose of subjecting that portion of The Properties owned by each of them to this Declaration. Section 2. Supplements. Developer may from time to time bring other land within the Development under the provisions of this Declaration by recorded supplemental declarations [which shall not require the consent of then ,existing Owners (except in the case of property not then owned by Developer, in which case the Owner thereof shall join in the applicable supplemental declaration) or the Association] and thereby add to The Proper- ties. Except as provided in Article VIII, Section 12 hereQf, nothing in this Declaration, however, shall obligate Developer to add to The Properties or to develop future portions, if any, of the Development under such common scheme, nor to prohibit Devel- oper from rezoning and changing the development plans with respect to such future portions. All Owners, by acceptance of a deed to their Lots, thereby automatically consent to any such rezoning, change, addition or deletion thereafter made by the Developer and shall evidence such consent in writing if requested to do so by the Developer at any time. Supplemental Declarations may also be recorded for the other purposes expressed herein. ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membership. Every person or enti ty who is an Owner shall be a Member of the Master Association. Notwithstand- ing the foregoing, any such person or enti ty who merely holds record ownership as security for the performance of an obligation shall not be a Member of the Master Association. Section 2. Votinq Rights. The Master Association shall have three (3) classes of voting Members: Class A. Class A Members shall be all those Owners of Lots located on The Properties with the exception of (i) the Developer (as long as the Class B membership shall exist, and thereafter, the Developer shall be a Class A Member to the extent it otherwise would qualify) and (i~) - 3 - - ..... I I : V : ~._ . - .'_"w"";;1, I 5 I 5 1937 S::J::: :CU:: CJ. FL. the Class C Members (as long as the Class C membership shall exist, and thereafter, the Class C Member shall become a Class A Member to the extent it would otherwise quali fy) . Class A Members shall be entitled to one vote for each Lot owned. When more than one person is the Owner of any Lot, all such persons shall be Members, and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any such Lot. Class B. The Class B Member shall be the Develop- er. The Class B Member shall be entitled to one (1) vote, plus two (2) votes for each vote which the Class A Members are ent i tIed to cast in the aggregate from time to time, provided that the Class B membership shall cease and termi- nate one (1) year after the last Lot within the Development owned by Developer has been sold and conveyed and all other portions of the Development owned by Developer have been conveyed to third-parties, or at any time prior to that date at the election of the Developer. Class C. The Class C Member shall be the Other Owner. The Class C Member shall be entitled to one (1) vote, plus two (2) votes for each vote wh ich the Class A Members are entitled to cast in the aggregate from time to time (that is, in the aggregate, Class C Member shall have the same number of votes as the Class B Member). The Devel- oper has an option to acquire the Other Owner's Proper- ties. In the event the Developer acquires the Other Owner's Properties, within thirty (30) days of the transfer of title to said property to Developer, Developer shall record a supplement to this Declaration providing that the Class C membership shall cease to exist. The Class C Member shall not come into existence" and therefore shall have no right to vote, until a supplement to this Declaration effectuating such voting rights and requir ing the commencement of the Class C Member's obligation to pay assessments for the num- ber of Lots located on the Other Owner's Properties (but in no event for less than 168 Lots), which supplement shall be recorded by Developer (without the necessity of the joinder of the Other Owner) in the Public Records of Seminole County within thirty (30) days of the expiration of the Developer's option to acquire the Other Owner's Properties. Section 3. General Matters. When reference is made in this Declaration, or in the Articles, By-Laws, Rules and Regula- tions, to a majority or specific percentage of Members, such reference shall be deemed to be reference to a majority or speci- fic percentage of the votes of Members and not of the Members themselves. ARTICLE IV PROPERTY RIGHTS IN THE COMMON AREAS Section 1. Ownership. The Cornmon Areas are hereby dedi- cated to the joint and several use, in cornm~, of the Developer and the Owners of all Lots that may from time to time constitute part of The Properties, in the manner specified in this Declara- tion, and all the Developer's and such Owners' respective lessees, guests and invitees. When all improvements proposed by Developer to be constructed within The Properties have been com- pleted and conveyed to purchasers (if applicable), or sooner at Developer's option exercisable from time to time as to any por- - 4 - - .,n-'." ,A.." '_.r:l_.'. ~ - [' C. ,~\ :<. I , I 5 I 5 I 938 S[}\;i::::Lc: co. FL. tion or all of the Common Areas, the Developer, or its successors and assigns, shall convey and transfer (or cause to be conveyed and transferred) the record fee simpl~ title to the Common Areas (except those areas lying wrthin dedicated areas or not capable of being legally described, including, but not limited to, the Landscaping and Pedestrian Areas) to the Master Association, and the Master Association shall accept such conveyance, holding title for the Owners and Members as stated in the preceding sen- tence. Beginning upon the date these covenants are recorded, the Master Association shall be responsible for the maintenance of all Common Areas (whether or not conveyed or to be conveyed to the Master Association) in a continuous and satisfactory manner without cost to the general taxpayers of Seminole County. It is intended that all real estate taxes assessed against that portion of the Common Areas owned or to be owned by the Master Associa- tion shall be proportionally assessed against and payable as part of the taxes of the Lots within The Properties. However, in the event that, notwi thstanding the foregoing, any such taxes are assessed directly against the Common Areas, the Master Associa- tion shall be responsible for the payment of the same, including taxes on any improvements and any personal property thereon accruing from and after the date these covenants are recorded, and such taxes shall be prorated between Developer_a~ ~~.e..,Master Association as of the date of such recordation. ~vel ~ shall h~.!~_J:h~ .J:.!ght from time to time to enter _!:1.E2~ the - CQlJ\mon ~~ an(J()ther.p<>i1:1ons of Tfie propertie~f-.-rortn~_purpose -4f. conQtruc-::.... Q9n, r_eco~~ructT6n;-:--repa b., --rep-l!-.~emen-~::___Cl.n.QL()_!:__al~~~ ion .9.f.. ~y imp!"QY~1!!~MS ~r f a.~ i!irtes-..~~. ~_~~~:2I1U11Q!1_. ~r~_~~__()1: elsewhez:e... 1n The Propertns-'l;1Tiff Deve-loper eTecEs to effect, and Developer and the Other Owner shall have the right to use the Common Areas for sales, displays and signs dur ing the per iod of construction and sale of any of the land owned by Developer within the Devel- opment. Section 2. Members' Easements. Each Class A, Class Band Class C Member (when activated) of the Master Association, and each tenant, agent and invitee of such Member, shall have a per- manent and perpetual non-exclusive easement for the use and enjoyment of all Common Areas in common with all other such Mem- bers of the Master Association, their tenants, agents and invitees. ing: All rights of use and enjoyment are subject to the follow- (a) Easements over and upon the Common Areas in favor of all Sub-Associations and their members. (b) The right and duty of the Master 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. (c) The right of the Master Association to suspend the voting rights and right of an Owner (or Member) for any period during which any applicable assessment remains un- paid; and for a period not to exceed sixty (60) days for any infraction of lawfully adopted and published rules and regulations. (d) The right of the Master Association to adopt at any time and from time to time and enforce rules and regula- tions governing the use of the Common Areas and all facili- - 5 - - e :,",("""0' ~, ~""l\ \ ,,~:: I 5 I 5 I 939 .. S:::i'~i::J~:':: co. FL. ties at any time si tuated thereon, including the right to fine Members as elsewhere provided herein. Any rule and/or regulation so adopted shall apply until rescinded or modi- fied as if originally set forth at length in this Decla- ration. (e) The right of the Association, by a 2/3rds affirmative vote of the entire membership, to dedicate por- tions of the Common Areas to a public agency under such terms as the Association deems appropriate and to create or contract with special taxing districts for lighting, roads, security, communications and other similar purposes deemed appropriate by the Association (to which such creation or contract all Owners hereby consent). (f) Anything to the contrary in this Declaration notwithstanding, the Developer shall have the right to per- mit persons other than Members and designated persons to use certain portions of the Common Areas under such terms as Developer, its successors and assigns, may from time to time desire without interference from the Association. (g) The right to the use and enjoyment of the Com- mon Areas in the case of Class A Members shall extend to each permitted user's immediate family who reside with him, subject to regulation from time to time by the Master Association in its lawfully adopted and published rules and regulations. Section 3. Easements Appurtenant. The easements provided in Section 2 shall be appurtenant to and shall pass wi th the title to each Lot. Section 4. Maintenance. The Master Association shall at all times maintain in good repair, operate, manage and insure, and shall replace as often as necessary, the Common Areas, any and all improvements situated on the Common Areas (upon comple- tion of construction by Developer), including, but not limited to, landscaping, paving, drainage structures, street lighting fixtures and appur tenances, sidewalks, signage, entry features, and structures, except utilities, all such work to be done as ordered by the Board of Directors of the Master Association. Maintenance of street lighting fixtures shall include and extend to payment for electricity consumed in their illumination. With- out limiting the generality of the foregoing, the Master Associa- tion shall assume all of Developer's (and its predecessors') responsibility to Seminole County of any kind with respect to the Common Areas, including, but not limited to, roads and the entry features, and shall indemnify Developer and hold Developer harm- less with respect thereto. All work pursuant to this Section and all expenses hereunder shall be paid for by the Master Associa- tion through assessments imposed in accordance herewith. In order to effect economies of scale, the Master Association, on behalf of itself and/or all or appropriate Sub-Associations, shall have the power to incur, by way of contract or otherwise, expenses general to the Development, or appropriate portions thereof, and the Master Association shall then allocate portions of such expenses among the Master Association and/or affected Sub-Associations, . based on the relative amount of property governed by the Master Association and/or affected Sub-Associa- tions and the si ze and type of improvements and Uni ts located thereon. The portion so allocated to the Master Association or any Sub-Association shall be deemed a general expense thereof, collectible through assessments. No Owner may waive or otherwise escape liability for the assessments for such maintenance by non- - 6 - e (n',"" :," a lrl:....li...........'.',.. c'~",' " ..}',...; 1\ I 5 I 5 C1 [I 0 u r SEI,::riL:LE CD. FL. use of the Common Areas or abandonment of his right to use the Common Areas. Section 5. Utili tv Easements. Public utili ties shall be installed underground in the Common Areas when necessary for the service of The Properties. The Developer and its and their designees shall have the right also to install and maintain com- muni ty and/or cable TV and secur i ty and other communications lines, equipment and material (and all future technological advances not now known) in the Development and perpetual ease- ments are hereby reserved for the Developer and such designees over the Common Areas for this purpose. All use of utility, cable TV and communication easements shall be in accordance with the applicable provisions of this Declaration. Section 6. Public Easements. Fire, police, health and sanitation and other public service personnel and vehicles shall have a permanent and perpetual easement for ingress and egress over and across the Common Areas. ARTICLE V LANDSCAPING AND PEDESTRIAN AREAS Section 1. Maintenance. Wi thout limi ting the generality of other provisions hereof, the Landscaping and Pedestrian Areas shall be maintained by the Master Association, beginning upon the date these covenants are recorded, in a continuous and satis- factory manner without cost to the general taxpayers of Seminole County, and without direct expense to the Owners of the Lots upon which the Landscaping and Pedestrian Areas are situated or abut, except for their share of the general common expenses. Such maintenance shall extend to any street lighting fixtures and the payment for electricity consumed in their illumination. All work pursuant to this Section and all expenses hereunder shall be paid for by the Master Association through assessments imposed in accordance herewith. No Owner may waive his right to use or otherwise escape liabili ty for assessments for such maintenance under this Section. Section 2. Limitations on Use. The Landscaping and Pedes- tr ian Areas shall be used for the purposes of landscaping, a planting screen buffer and for installation and maintenance of underground utilities and lines, and shall not be used by Owners of the respective Lots for parking or for any other purposes. No driveway access or vehicular access shall be permitted to any Lots across any Landscaping and Pedestrian Areas, except for access to the sales model areas. ARTICLE VI MASTER ASSOCIATION-- COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obliqation of the Assessments. Except as provided elsewhere herein, the Devel- oper (and each party joining in this Declaration or in any sup- plemental declaration), for each Lot owned by it (or them) within The Properties, hereby, respectively, covenant and agree, and each Owner of any Lot by acceptance of a deed therefor, whether or not it Shall be so expressed in any such deed or other conve- yance, shall be deemed to covenant and agree, to pay to the Mas- ter Association annual assessments or charges for the mainte- - 7 - e :':-:;- ""j' : : ; ;...., I n f: '~! ~:~ e .. .,..,.- I .. .:._ , 5 , 5 I 9 l~ I S:]';:i::~E co. FL. nance, operation, management and insurance of the Common Areas as provided herein, including, but not limited to, the Landscaping and Pedestrian Areas and other items described herein as Common Areas whether or not such items are on property dedicated to the County or owned by Sub-Associations or otherwise, including such reasonable reserves as the Master Association may deem necessary, and capital improvement assessments as provided herein, all such assessments to be fixed, established and collected from time to time as hereinafter provided. In addi tion, special assessments may be levied against particular Owners and Lots for fines, ex- penses incurred against particular Lots and/or Owners to the exclusion of others and other charges against specific Lots or Owners as contemplated in this Declaration. The annual and special assessments, together with late charges, interest and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the prop- erty against which each such assessment is made. Each such assessment, together with late charges, interest and costs of collection thereof as hereinafter provided, shall also be the personal obligation of all Owner(s) of such property from time to time. All assessments shall be imposed equally against all Lots within The Properties and those that may in the future be subject to liens of the Master Association (except as provided herein with respect to charges or assessments which are made against one or more Lots to the exclusion of others). Section 2. Purpose of Assessments. The assessments levied by the Master Association shall be used exclusively for main- tenance, operation, management and insurance of the Common Areas as provided herein, security-related purposes and to promote the heal th, safety, welfare and recreational opportuni ties of the Members of the Master Association and their families residing with them (if applicable) and their tenants, agents and invitees. Section 3. Capital Improvements. Funds in excess of $50,000 in anyone case which are necessary for the addition of capital improvements (as distinguished from repairs and main- tenance) relating to the Common Areas and which have not previ- ously been collected as reserves or are otherwise available to the Master Association may be levied as special assessments by the Master Association upon approval by a majority of the Board of Directors of the Master Association and upon approval of 66- 2/3% favorable vote of Members voting at a meeting or by ballot as may be provided by the By-Laws of the Master Association. Section 4. Date of Commencement of Annual Assessments; Due Dates. The annual assessments provided for in this Article shall commence on the first day of the month next following the recordation of these covenants and shall be applicable through December 31 of such year. Each subsequent annual assessment shall be imposed for the year beginning January 1 and ending December 31. The annual assessments shall be payable in advance in month- ly installments, or in semi-annual or quarter-annual installments if so determined by the Board of Directors of the Master Associ- ation. The assessment amount (and applicable installments) may be changed at any time by said Board from that originally stipu- lated or from any other assessment that is in the future adopt- ed. The original assessment for any year shall be levied for the calendar year (to be reconsidered and amended, if necessary, every six (6) months), but the amount of any revised assessment to be levied during any period shorter than a full calendar year shall be in proportion to the number of months (or other appro- priate installments) remaining in such calendar year. - 8 - e CFf~~j !,,~_ F:_ ~';: ..e CCGY\ I 5 I 5 I 9 It- 2 SEI~:;\~Lr:: co. FL. The due date of any special assessment shall be fixed in the Board resolution authorizing such assessment. Anything to the contrary herein nothwithstanding, the Other Owner's Properties shall not be subject to assessment hereunder until after the activation of the Class .C Member as provided in Article III, Section 2. Section 5. Duties of the Board of Directors. The Board of Directors of the Master Association shall fix the date of com- mencement and the amount of the assessment against each Lot for each assessment period, to the extent practicable, at least thir- ty (30) days in advance of such date or per iod, and shall, at that time, prepare a roster of the Lots, the Owners thereof and assessments applicable thereto, which shall be kept in the office of the Master Association and shall be open to inspection by any Owner. Written notice of the applicable assessment shall thereupon be sent to every Owner subject thereto thirty (30) days prior to payment, except as to emergency assessments. In the event no such notice of a change in the assessment for a new assessment period is given, the asse$sment amount payable shall continue to be the same as the amount payable for the previous period, until changed in the manner provided for herein. The Master Association shall upon demand at any time furnish to any Owner liable for an assessment a certificate in writing signed by an officer of the Master Association setting forth whether such assessment has been paid as to any particular Lot. Such certificate shall be conclusi ve evidence of payment of any assessment to the Master Association therein stated to have been paid. The Master Association, through the action of its Board of Directors, shall have the power, but not the obligation, to acquire, by purchase, lease or otherwise, one or more Units for occupancy by its employees or independent contractors, and to enter into an agreement or agreements from time to time with one or more persons, firms or corporations (including affiliates of the Developer) for management services. The Master Association shall have all other powers provided in its Articles of Incorpo- ration and By-Laws. Section 6. Collection of Assessment; Effect of Non-Payment of Assessment; the Personal Obliqation; the Lien; Remedies of the Association. The Master Association shall collect the assess- ments of the Master Association, and the assessments of all Sub- Associations, if any. All such assessments shall be collected as part of a lump sum charge imposed by the Master Association. That portion of the lump sum attributable to assessments of Sub- Associations shall be certified to the Master Association with respect to each applicable Lot by such Sub-Association (s) at least thirty (30) days prior to the applicable assessment period, and in the absence of such certification, the Master Association shall assume that the assessments due such Sub-Association (s) with respect to any particular Lot are the same as the assess- ments previously imposed against such Lot by such Sub-Associa- tion(s) in the last previous assessment period for which a certi- fication was given. The Master Association shall pay sums col- lected on behalf of Sub-Associations to such Sub-Associations within thirty (30) days of the date of receipt of such sums. The Master Association may, at any time and from time to time, cease collecting the assessments due the aforesaid Sub- - 9 - e L ,~. i" ; ~' ~ :' 1 : e [,~" " ,) ..". \ I .. _ I 5 I 5 I 9 h 3 Sf:l;i:::':LE co. FL. Associations upon sixty (60) days' prior written notice to said Sub-Associations, or any of them (whereupon it shall be the duty of said Sub-Association (s) to make such collections directly), and may, at any time and from time to time thereafter, again elect to make such collections as provided herein, all at the sole option of the Master Association. In making such collections for Sub-Associations, the Master Association is acting only as a collection agent on behalf of such Sub-Associations and sums collected as such agent shall not be considered assessments of the Master Association for any pur- pose. All remedies for non-payment of such Sub-Associations' assessments shall be vested in and pursued solely by the Sub- Associations directly against the applicable Owners. If the installments of an assessment are not paid on the dates when due (being the dates specified herein), then such installments shall become delinquent and shall, together wi th late charges, interest and the cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the appropriate Lot, which shall bind such Lot (or interest) in the hands of the then Owner, his heirs, personal representatives, successors and assigns. The personal obligation of the then Owner to pay such assessment shall pass to his successors in interest and recourse may be had against either or both. If any installment of an assessment is not paid within fif- teen (15) days after the due date, at the option of the Master Association, a late charge not greater than the amount of such unpaid installment may be imposed (provided that only one late charge may be imposed on anyone unpaid installment and if such installment is not paid thereafter, it and the late charge shall accrue interest as provided herein but shall not be subject to addi tional late charges, provided further, however, that each other installment thereafter coming due shall be SUbject to one late charge each as aforesaid) or the next 12 months' worth of installments may be accelerated and become immediately due and payable in full, and all sums due shall bear interes t from the dates when due until paid at the highest lawful rate and the Master Association may bring an action at law against the Owner (s) personally obligated to pay the same or may record a claim of lien (as evidence of its lien rights as hereinabove provided for) against the property on which the assessments and late charges are unpaid, or may foreclose the lien against the property on which the assessments and late charges are unpaid, or pursue one or more of such remedies at the same time or succes- sively, and attorneys' fees and costs of preparing and filing the claim of lien and the complaint (if any) in such action shall be added to the amount of such assessments, interest and late charges, and in the event a judgment is obtained, such judgment shall include all such sums as above provided and a reasonable attorneys' fee to be fixed by the court, together with the costs of the action, and the Master Association shall be enti tIed to attorneys' fees in connection with any appeal of any such action. In the case of an acceleration of the next 12 months' worth of installments, each installment so accelerated shall be deemed, ini tially, equal to the amount of the then most current delin- quent installment, provided that if any such installment so accelerated would have been greater in amount by reason of a subsequent increase in the applicable budget, the Owner of the Lot whose installments were so accelerated shall continue to be liable for the balance due and payable by reason of such an in- crease and special assessments against such Lot shall be levied by the Association for such purpose. - 10 - e .""," :",,, ':', e ',f. . , ._-' , . ! I\", "..... .' '. ~ ;:;:>..~\ ' " I':.":: I 5 I 5, I 9 l~ 4 S:.'I,i'l\'!" E co. FL. i..t II. u..... In addition to the rights of collection of assessments stated in this Section, any and all persons acquiring the title to or the interest in a Lot as to which the assessment is delin- quent, including, without limitation, persons acquiring title by operation of law and by judicial sale, shall not be entitled to the occupancy of such Lot or the enjoyment of the Common Areas until such time as all unpaid and delinquent assessments due and owing from the selling Owner have been fully paid, and no sale or other disposition of Lots shall be permitted until an estoppel letter is received from the Master Association acknowledging payment in full of all assessments and other sums due; provided, however, that the provisions of this sentence shall not be appli- cable to the mortgagees and purchasers contemplated by Section 7 of this Article. It shall be the legal duty and responsibility of the Master Association to enforce payment of the assessments hereunder. Failure of the Master Association to send or deliver bills shall not, however, relieve Owners from their obligations hereunder. All assessments, late charges, interest, penalties, fines, attorneys' fees and other sums provided for herein shall accrue to the benefit of the Master Association. Owners shall be obligated to deliver the documents original- ly received from the Developer, containing this and other decla- rations and documents, to any grantee of such Owners. The Master Association shall have such other remedies for collection and enforcement of assessments as may be permitted by applicable law. All remedies are intended to be cumulative. Section 7. Subordination of the Lien. The lien of the assessment provided for in this Article shall be subordinate to tax liens and to the lien of any mortgage recorded prior to re- cordation of a claim of lien, which mortgage encumbers any Lot and is in favor of any institutional lender and is now or here- after placed upon a portion of The Properties subject to assess- ment; provided, however, that any such mortgagee when in posses- sion or any receiver, and in the event of a foreclosure, any purchaser at a foreclosure sale, and any such mortgagee acquiring a deed in lieu of foreclosure, and all persons claiming by, through or under any such purchaser or such mortgagee, shall hold title subject to the liability and lien of any assessment coming due after such foreclosure (or conveyance in lieu of fore- closure). Any unpaid assessment which cannot be collected as a lien against any Lot by reason of the provisions of this Section shall be deemed to be an assessment divided among, payable by and a lien against all Lots as provided in Section I of this Article, including the Lot as to which the foreclosure (or conveyance in lieu of foreclosure) took place. Liens for assessment under this Article shall be super ior to liens for assessments of the Sub- Associations which may be referred to in declarations of restric- tions and protective covenants recorded wi th respect to certain Lots. In the event only a portion of the assessments of the Master Association and Sub-Associations are collected, the amount collected shall be applied first to assessments of the Master Association and the balance, if any, shall be paid to such Sub- Associations. Section 8. Effect on Developer. Notwithstanding any pro- vision that may be contained to the contrary in this instrument, for so long as Developer is the owner of any Lot or undeveloped property within The Properties, the Developer shall not be liable for assessments against such Lots, provided that Developer either - 11 - e ~. ~ I e :. :".. '" , , I , ____ 151 5 I 945 SCf.il:;LJ_L co. FL. (i) funds an amount equal to the amount of operating expenses (exclusive of reserves and management fees) incurred during such period of time and not produced by assessments receivable from other Members of the Master Association, or (ii) certifies to the Association in advance for any particular calendar year and pays during such year an amount which the Developer is willing to contribute to the Association for such year (all additional expenses to be borne by the Owners other than the Developer as part of their assessments as provided herein). Developer may at any time and from time to time commence paying assessments as to Lots that it or they own and thereby automatically terminate its obligation to fund deficits or make such contributions, but may at any time thereafter and from time to time again elect to fol- low either of the procedures specified in the preceding sentence. When all Lots within the Developer's Properties are sold and conveyed to purchasers, Developer shall not have further liability of any kind to the Master Association for the payment of assessments, deficits or contributions. Section 9. Trust Funds. The portion of all regular assessments collected by the Master Association for reserves for future expenses, and the enti re amount of all special assess- ments, shall be held by the Master Association for the Owners of all Lots as their interests may appear, and the Master Associa- tion may invest such funds in interest bearing accounts or in certi ficates of deposi t or other like instruments or accounts available at banks or savings and loan institutions, the deposits of which are insured by an agency of the United States. Section 10. Specific DamaQe. Owners (on their behalf and on behalf of their children and guests) causing damage to any portion of the Common Areas as a result of misuse, negligence, failure to maintain or otherwise shall be directly liable to the Master Association and a special assessment may be levied there- for against such Owner or Owners. Such special assessments shall be subject to all of the provisions hereof relating to other assessments, including, but not limited to, the lien and fore- closure procedures. ARTICLE VII RULES AND REGULATIONS Section 1. Compliance by Owners. Every Owner and his tenants, guests, invitees, employees and agents shall comply with any and all rules and regulations adopted by the Master Associ- ation as contemplated herein. Section 2. Enforcement. Failure to comply with such rules and regulations shall be grounds for immediate action which may include, wi thout limi tation, an action to recover sums due for damages, injunctive relief or any combination thereof. The Mas- ter Association shall have the right to suspend voting rights as specified herein. Section 3. Fines. In addition to all other remedies, in the sole discretion of the Board of Directors of the Master Asso- ciation, a fine or fines may be imposed upon an Owner for failure of an Owner, his tenants, family, guests, invitees, employees or agents, to comply herewith or with any rule or regulation, pro- vided the following procedures are adhered to: (a) Notice: The Master Association shall notify the Owner of the infraction or infractions. Included in the - 12 - - ,""""" ,,,--- nn(r\.; ! ivir._ :- ....,_'~ i. ~~~ [JI.JJI\. i '. ..::. , 5 , 5 I 9 h 6 SE~:I:;C:..t: co. FL. notice shall be the date and time of a special meeting of the Board of Directors at which time the Owner shall present reasons why penalties should not be imposed. At least six (6) days' notice of such meeting shall be given. (b) HearinQ: The non-compliance shall be presented to the Board of Directors after which the Board of Directors shall hear reasons why penalties should not be imposed. A written decision of the Board of Directors shall be submit- ted to the Owner by not later than twenty-one (21) days after the Board of Directors' meeting. The Owner shall have a right to be represented by counsel and to cross-examine witnesses. If the impartiality of the Board is in question, the Board shall appoint three (3) impartial Members to a special hearing panel. (c) Penalties: The Board of Directors (if its or such panel's findings are made against the Owner) may impose special assessments against the Lot owned by the Owner as follows: (1) First non-compliance or violation: a fine not in excess of One Hundred Dollars ($100.00). (2) Second non-compliance or violation: a fine not in excess of Five Hundred Dollars ($500.00). (3) Third and subsequent non-compliance, or violation or violations which are of a continuing nature: a fine not in excess of One Thousand Dollars ($1,000.00) . (d) Payment of Penalties: Fines shall be paid not later than five (5) days after notice of the imposition or assessment of the penalties. (e) Collection of Fines: Fines shall be treated as a special assessment subject to the provisions for the col- lection of assessments as set forth herein. (f) Application of Penalties: All monies received from fines shall be allocated as directed by the Board of Directors. (g) Non-exclusive Remedy: These fines shall not be construed to be exclusive, and shall exist in addition to all other rights and remedies to which the Master Associ- ation may be otherwise legally entitledl however, any penal- ty paid by the offending Owner shall be deducted from or offset against any damages which the Master Association may otherwise be entitled to recover by law from such Owner. Section 4. Initial Rules and ReQulations. Attached to this Declaration as Schedule A are the initial rules and regula- tions of the Master Association which are incorporated into this Declaration by this reference and which may be modified, in whole or in part, at any time by the Board without the necessity of re- cording such new or modified rules and regulations in the public records. - 13 - e rr,:-,,::/, ~ [, . , ,., rrv' ~.... ..... ~.\ e 151 5 194 7 '- '~i i/l' -. ARTIICLEl Vi f~' GENERAL PROVIS IONS Section 1. Duration. The covenants and restrictions of this Declaration shall run wi th and bind The Properties, and shall inure to the benefit of and be enforceable by the Devel- oper, the Master Association, any Sub-Association established by other covenants that may from time to time be recorded, the Owner of any land subject to this Declaration, the Committee and their respective legal representatives, heirs, successors and assigns, for a term of ninety-nine (99) years from the date this Declara- tion is recorded, after which time said covenants shall be auto- matically extended for successive periods of ten (10) years each unless an instrument signed by the then Owners of 75% of the Lots agreeing to revoke said covenants has been recorded. No such agreement to revoke shall be effective unless made and recorded three (3) years in advance of the effective date of such agree- ment 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. Notice. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when personally delivered or mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Master Associa- tion at the time of such mailing. Section 3. Enforcement. Enforcement of these covenants and restrictions shall be accomplished by means of a proceeding at law or in equi ty against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants; and failure of the Master Association, the Developer, the Committee, any Sub- Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. These covenants may also be enforced by any architectural control committee established in other cove- nants that may from time to time be recorded. Section 4. Severability. Invalidation of anyone of these covenants or restrictions or any part, clause or word hereof, or the application thereof in specific circumstances, by judgment or court order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect. Section 5. Amendment. In addi tion to any other manner herein provided for the amendment of this Declaration, the cove- nants, restrictions, easements, charges and liens of this Decla- ration may be amended, changed or added to at any time and from time to time upon the execution and recordation of an instrument executed by the Developer, for so long as it holds title to any Lot or Uni t affected by this Declaration; or al ternatively, by approval at a meeting of Owners holding not less than 66-2/3' of the votes of the membership of the Master Association, provided that so long as the Developer is the Owner of any Lot affected by this Declaration, the Developer I s consent must be obtained if such amendment, in the sole opinion of the Developer, affects its interest. In the event Urban of Tuscawi1la, Inc. is not the Developer, no amendment may be made which, in the opinion of Urban of Tuscawi1la, Inc. adversely affects its interest without its consent. The foregoing sentence may not be amended. - 14 - e . ,',"il' ~ d,', ',' e I . " I' '. '.' "..~' , . ,.' .V" - ,'" CG~J\ i..' -- \ 5 \ 5 I 9 1:-8 ('~H"':-'L\~ co FL. ~...I\II,\Li '- . Section 6. Conflict. This Declaration shall take prece- dence over conflicting provisions in the Articles of Incorpora- tion and By-Laws of the Association and the Articles shall take precedence over the By-Laws. Section 7. effective upon Records. Effective Date. This Declaration shall become its recordation in the Seminole County Public Section 8. Cumulative Effect. The provisions of this Declaration shall be superior to and take precedence over the provisions of any declarations of restrictions and protective covenants establishing a Sub-Association or applicable to multi- family apartment units that may now or hereafter be recorded from time to time in the Development. Section 9. Wi thdrawal. Developer reserves the right to amend this Declaration unilaterally at any time, without prior notice and without the consent of any person or entity, for the purpose of removing certain portions of The Properties then owned by the Developer or the Association from the provisions of this Declaration to the extent included originally in error or as a resul t of reasonable changes in the plans for the Development desired to be effected by the Developer. Section 10. Standards for Consent, Approval, Completion, Other Action and Interpretation. Whenever this Declaration shall require the consent, substantial completion, or other action by the Developer, the Association or the Architectural Control Com- mittee, such consent, approval or action may be withheld in the sole and unfettered discretion of the party requested to give such consent or approval or take such action, and all matters required to be completed or substantially completed by the Devel- oper, the Association or the Coromi ttee shall be deemed so com- pleted or substantially completed when such matters have been completed or substantially completed in the reasonable opinion of the Developer, Association or Committee, as appropr iate. This Declaration shall be interpreted by the Board of Directors and an opinion of counsel of the Association rendered in good faith that a particular interpretation is not unreasonable shall establish the validity of such interpretation. Section 11. Easements. Should the intended creation...of ~n.y." easement provided for in this Declaration fail by reas9"f'.O~:J~pe "~\ fact that at the time of creation there may be no gcaht'ee-l ii'r. being having the capacity to take and hold such easement, bben~.. any such grant of easement deemed not to be so creatftd: ~tja-tl:. i ~ never~he~ess be considered as h~ving been granted direat~! ~~ the:! ; Assoclatlon as agent for such lntended grantees for th,8'-:Qur pose " . ,~ of allowing the original party or parties to whom the '~a~t!IfteJle~' .~,~ were originally to have been granted the benef it of such ~a,;;emen$,'\"'"' and the Owners designate hereby the Developer and the ASSOcl~~t~n (or ei ther of them) as I their lawful attorney-in-fact to execute any instrument on such Owners' behalf as may hereafter be re- quired or deemed necessary for the purpose of later creating such easement as it was intended to have been created herein. Formal language of grant or reservation with respect to such easements, as appropriate, is hereby incorporated in the easement provisions hereof to the extent not so recited in some or all of such provi- sions. Section 12. Covenants Runninq 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 - 15 - - .~ <:' , ~ . , . - ,. e I, rr;':' - ~ r ,-" r"," r "'..-v 1..... ~~.; \ ; 1 r, ': , , "-- e I 5 I 5 I 0 4 9 S:::,;.,__~ LJ. FL. ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS SHALL RUN WITH THE LAND AND WITH TITLE TO THE PROPERTIES. WITHOUT LIMITING THE GENERALITY OF SECTION 4 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 JUDICIALLY 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 COVENANTS AND RESTRICTION 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. Section 14. Mandatory Merger. The Developer can, by writ- ten notice to the Association (and each or all Sub-Associations) require any or all of such Sub-Associations and the Association to merge or consolidate (at Developer's election) into a single association which will then govern all the lots affected by such merger or consolidation under and pursuant to all applicable declarations then affecting such lots. The consent of Members and members of the Boards of Directors to such merger or con- solidation shall not be required, but to the extent, notwith- standing the foregoing, they must be obtained, such consents shall be deemed given by acceptance by each of such persons or entities of the respective deeds to each of their respective Lots. In the event of any such merger or consolidat ion, all regular expenses incurred by the resulting association in respect of all of the properties governed by such association shall be shared equally by all affected lots (including, but not limited to, the Lots). Section 15. In the event of a permanent dissolution of the Association, the Owners shall immediately thereupon hold title to the Common Areas as tenants in common and shall collectively provide for the continued maintenance and upkeep thereof in a manner or under a procedure acceptable to the Ci ty of Winter .,Springs. In no event shall the City of Winter Springs be obli- gated to accept any dedication offered to it by the Association or the owners pursuant to this Section, but the City of Winter 'iSprings may accept such a dedication and any such acceptance must : ~'''~d-e,., by:~ resolution of the then empowered City Commis- 'yo s-ltrl1..<fP"~r1l"er Springs. Anything to the contrary herein notwith- '*' .s-fanQf~q~.~J:his Section may not be amended without the written : 9,o9s.@~t~'~~j ~he Ci ty of Winter Spr ings. ~,~ :~ U)~; w' i \-.;, ~ ~~~JlT}:D as of the date first above written. ~;. .... () 1 ..I.J;4~ ~ ~ '. .. ",.." Sl.qft~.,\ the presence of: '10. .~.~' ~~of~ 1vJ->f ~~~ STATE OF ~...Ia/ COUNTY OF ~ INC. Presi ent (Corporate Seal) SS: The foregoing instrument was acknowledged before me, this~ day <?f nEC.E,....~E..1\.. , 19ff.3, by A.LA:v /..4 bll\.iJ &~A... ~ , 'rt4L' Presldent of URBAN OF TUSCAWILLA, INC., a Florida corporation, on behalf of the corporation. My Commission Expires: Large Notary Public, Slate of norida at tan's My commis,ion expires March 24, 1985 BOlldod thru lawyt;rs Surety Corp. - 16 - ". " - e !~ ~- f' ;~' ~~ ~ ~'::.: ~ ~', ~] j COC:~ [J/I\CE I 5 I 5 1950 S[;J::: "..,Li::: co. FL. JOINDER OP O'l'IIBR OWNER W,wT!:-a.. SP/{,Nf" .0&./, C 0"-1 , being the Other Owner hereby joins in the foregoing Declaration for the purpose of subjecting its interest in the Development to the Declaration. Witnesses: Ul0<u>cD // ~ - ~ /5 /-y--- w . IV .. r. ~ ~ P Il.. i'\I /, S <;, c:~' C elf.:.. f- By: )~0~ fJoQ~$.Ot;,-Nr STATE OF,- ..- ) ) SS: COUNTY OF. ) .:( i' ,;. . The: foregoing instrument was A'cknowledged .before me this 5#- day of' J """~f1t;,V . 19.J.l5 by ~/.1.1h'd,,2 r: $uiJ fl; . P &' c-s . of t..v{~~,,(' ...~~~, a rLu;:/pA corporation, on behalf of SUGh c. orat ,"n,.. ' ~ ~. w4 ". '. - ..- ,.' ,'. " "'\ ... ~.l ,,-: .. ' ,- ;, \:,~. ~, ~j !' " ,..1 I .:/ ( l\....l . . My commiL~' on' Expires: r- Notary Pubic, State of Roriela ........, Mr. Commission Expires July 18 1986 lond'd' ..... , . \\~,n r","'PI'.',I, ~r.. 1.luro.CO Co. 01 Horllord ,_,'\' ,.}A,/ ~"'" 'Y()'~""""'" <.", ,'. .. ,- .- .. ..... .., , ".J . . '(> . f 7"" .. 0 I' Aft 'r .... '5- ~-;. :. .:: ~ .. ~ r: : : : - . . - \ \ tJUBL\Ol g i... .. ~;.,.. ".", -. .. ..~ .: . J'-.. -,. C"........ " I ...... '\.",' "fl" If if .)f ,\.... -, 1!'II"l\\'\\ ~~ d"/ {:~-1 ~ \ f~~<Y r~~t~A.J State of .~~~~ at Large .. " " ,0 - {~ ::" . ["~~" ~ 151 5 I 9 5 I (' --', ., . "'-. .;"~:...- LO. FL. JOINDER OP MORTGAGBB Witnesses: HERITAGE FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation organized under the laws of the United States of America, being the owner and holder of that certain Mortgage on the property described in the foregoing Master Declaration of Covenants and Restrictions for Casa Park Villas, which Mortga e is dated 9-.'J.f)-~:3 , and recorded .' , in Official Records Book J 4- q '1 , Page -, 0 t e Pu c Records of Seminole County, does hereby Join in the foregoing Master Decla- ration of Covenants and Restrictions for Casa Park Villas and agrees that the lien of said Mortgage shall be subject to the provisions of said Declaration, provided, however, that nothing herein shall be deemed to constitute a waiver of an~_ rights reserved or granted to Mortgagee (or similarly si tuate1...it~~ieS) in said Declaration. ~~ . Or r. . . . /..., '" - I~ ~ . "'Y". '.'- . , HERITAGE FEDERAJ;t.'S1t.{r~NGS 1lN~ti .... ~ LOAN ASSOCIATIOIJr a .. .~ - ~ . ~ . ;..r · ~-ts. - , . t ...- .f..'...." " ',"" ~~ L 8wpj~ By: t (Corporate Seal) "l. Ii', IUHf, ".. .JL . . ~ .. ", . STATE OF~Llj~. COUNTY OF if.eti~ , , ,\,.- \ ...... ' <. ........... .., .~ ~ ~-. '.".1.. / 0 /t .... .~ ) ) SS: ) The ~trument day oj J , (/~ President 0 a corporation organized America, on behalf of the . '. ,0; ./,' ~':~ ". .. t... ~ ') ... <....... '.o.l!..1 "s~~ o~~ My Commission EXPires:d-ca9-g~ 4dA &~XL~';:': '", NOTARY(\ PUBW~,C.. I,,'.." :' " r, ... State of~' ~ ~ ~ . ~#. "J. '''1 .. <y.-_ ~~ .,!. :', f,. / '.:; N " V) ,.- . ~ " (',J \ \J 0 \\~ ....,,~. . III . I ... ~ .. t ,., 7".~ e e .'.-....1 '" J . \~:' i ~ ~: . '. "'r "; ":I.f~_;~ [~=:~ 1515 1952 sn:n;Qu: co. FL. .'181' -A- Th~ main r04ds, beJng Casa Park Circle South and Casa Pork C!rcle Ba,t, providing vehicular access from the public right of way known aa Trotwood Boulevard through the DeveloPer' s Properties to tbe Other Owner' s Prop- ertie!;, as said roads are shown on the Plat of Casa Park Villas Pha.se I, accofd.tng to the Plat thereof, as recorded in Plat Book d- '1 , Page 34K3.5of the Public Rlcords of Sem.inole County, Florida. . ) i"""LA__. I... e C~:.'-'~'\ 1515 I 953 C":lil'I"L.' co. FL. .J l..i I \ I.~ ..- EXHIBIT -B- All of Casa Park Villas Phase I, according to the Plat thereof, recorded in Plat Book ;19 ' at Page J5";o/~ of the Public Records of Seminole County, Florida, AND Begin at a point on the West Line of Tuscawilla Unit 9, according to the Plat thereof as recorded in Plat Book 24, Pages 72 and 73 of the Public Records of Seminole County, Florida, at a point lying 210.0 feet North of the Southwest corner of said Plat, said point also being the Northeast corner of Tuscany Place, A Condo- minium Phase I, as recorded in O.R.B. 1281, Page 1887 of said Public Records, thence run' N 85013' 38"W 898.59 feet to an Iron Pipe Monument, said Monument being the most Northerly corner of said Tuscany Place, thence run S 54057'4l"W 273.68 feet to the most Westerly corner of said Tuscany Place, said corner lying on the Northerly right of way line of Trotwood Boulevard as shown on the Plat of Tuscawilla Unit 8, Sheet Three of Four, accord- ing to the Plat thereof as recorded in Plat Book 23, Page 27 of said Public Records, thence run N 34048'44"W along said Northerly right of way line of Trotwood Boulevard 140.19 feet to the P. C. of a curve concave Southwesterly and having a radius of 580.0 feet, thence run Northwesterly along said curve 397.52 feet through a central angle of 39016'10" to a P. O. C., thence run from said curve N l4053'07"E 207.29 feet, thence run N 05008'30"E 10.85 feet, thence run N 8405l'30"W 10.0 feet, thence run N 05008'13"E 476.45 feet to a concrete monument, said monument lying on the Westerly extension of the Northerly line of Lots 39, 40, 47 and 48 of said Tuscawilla Unit 9, thence run S 8405l'30"E 1435.90 feet to a concrete monument, said monument being the North- west corner of said Lot 39, thence run S 00001'24"W along said West line of Tuscawilla Unit 9 a distance of 817.27 feet to the point of beginning, less beg in at the aforecited point of beginning, thence run N 850l3'38"W 898.59 feet to an Iron Pipe Monument, said Monument being the most Northerly corner of said Tuscany Place, thence run S 54057'4l"W 273.68 feet to the most Wes ter ly corner of said Tuscany Place, said corner lying on the Norther ly right of way line of Trotwood Boulevard as shown on said Plat of Tuscawilla Uni t 8, Sheet Three of Four, thence run N 34048' 44"W along said Northerly right of way line of Trotwood Boulevard 140.19 feet to the P. C. of a curve concave Southwesterly and having a radius of 580.0 feet, thence run Northwesterly along said curve 397.52 feet through a central angle of 39016'10" to a P. O. C., thence run from said curve N l4053'07"E 175.0 feet, thence run N 85032'47"E 124.73 feet, thence run S 72045'27"E 115.82 feet, thence run N 77042'13"E 104.80 feet, thence run S 8705l'07"E 212.0 feet, thence run N 06048'09"E 87.87 feet, thence run S 88035'23"E 250.49 feet, thence run S 550l7'35"E 200.0 feet, thence run N 56024'53"E 300.0 feet, thence run N 860l9'59"E 248.13 feet to a point on the West line of said Tuscawilla Uni t 9, said point being S 00001'24"W 250.0 feet from the Northwest corner of Lot 39 of said Tuscawilla Uni t 9, thence run S 00001'24"W 567.27 feet to the point of beginning. Containing 13.5734 Acres more or less. e e \.~i<.. :- L.~, '?;,c-:. [,C:~ :', 1 5 1 5 1954 S'-' "., 1 ~= CO. FL. ~hil ,W_I- EXHIBIT .C. All of Casa Park Villas Phqse I, 4ccording to the Plat thereof, as re90rded in flat Book . dJ. 9 , at Page ,3-1.<v-~ of the Public ~e9or~~ of Seminole County, Plorida. . c:,=':{l{'_l~~.'"~,,. e 151 5 /955 5::::1 L,,~L.C: CJ. FL. E~.BIB IT -D- Begin at a point on the West Line of Tuscawilla Unit 9, according to the Plat thereof as recorded in Plat Book 24, Pages 72 and 73 of the Public Records of Seminole County, Florida, at a point lying 210.0 feet North of the Southwest corner of said Plat, said point also being the Northeast corner of Tuscany Place, A Condo- minium Phase I, as recorded in O.R.B. 1281, Page 1887 of said Public Records, thence run N 850l3'38"W 898.59 feet to an Iron Pipe Monument, said Monument being the most Northerly corner of said Tuscany Place, thence run S 54057'4l"W 273.68 feet to the most westerly corner of said Tuscany Place, said corner lying on the Northerly right of way line of Trotwood Boulevard as shown on the Plat of Tuscawilla Unit 8, Sheet Three of Four, accord- ing to the Plat thereof as recorded in Plat Book 23, Page 27 of said Public Records, thence run N 34048'44"W along said Northerly right of way line of Trotwood Boulevard 140.19 feet to the P. C. of a curve concave Southwesterly and having a radius of 580.0 feet, thence run Northwesterly along said curve 397.52 feet through a central angle of 39016'10" to a P. O. C., thence run from said curve N l4053'07"E 207.29 feet, thence run N 05008'30"E 10.85 feet, thence run N 84051'30nw 10.0 feet, thence run N 05008'13"E 476.45 feet to a concrete monument, said monument lying on the Westerly extension of the Northerly line of Lots 39, 40, 47 and 48 of said Tuscawilla Unit 9, thence run S 8405l'30"E 1435.90 feet to a concrete monument, said monument being the North- west corner of said Lot 39, thence run S 00001' 24"W along said West line of Tuscawilla Unit 9 a distance of 817.27 feet to the point of beginning; less begin at the aforecited point of beginning, thence run N 850l3'38"W 898.59 feet to an Iron Pipe Monument, said Monument being the most Northerly corner of said Tuscany Place, thence run S 54057'41"W 273.68 feet to the most Westerly corner of said Tuscany Place, said corner lying on the Northerly right of way line of Trotwood Boulevard as shown on said Plat of Tuscawilla Uni t 8, Sheet Three of Four, thence run N 34048' 44"W along said Northerly right of way line of Trotwood Boulevard 140.19 feet to the P. C. of a curve concave Southwesterly and having a radius of 580.0 feet, thence run Northwesterly along said curve 397.52 feet through a central angle of 39016'10" to a P. O. C., thence run from said curve N 14053'07"E 175.0 feet, thence run N 85032'47"E 124.73 feet, thence run S 72045'27"E 115.82 feet, thence run N 77042'13"E 104.80 feet, thence run S 870S1'07"E 212.0 feet, thence run N 06048'09"E 87.87 feet, thence run S 88035'23"E 250.49 feet, thence run S 550l7'35"E 200.0 feet, thence run N 56024'53"E 300.0 feet, thence run N 86019'59"E 248.13 feet to a point on the West line of said Tuscawilla Uni t 9, said point being S 00001'24"W 250.0 feet from the Northwest corner of Lot 39 of said Tuscawilla Uni t 9, thence run S 00001'24"W 567.27 feet to the point of beginning. Containing 13.5734 Acres more or less. . . c::-;"; v. /" l. r ~r," dULl\. .lvi', '-' :. 'r":; i .,...:.0.- f 5 I 5 I 956 EXIHBIT -E- '''-t''''-' ,- co r-L ~~'di ~ULL:. 9.. All of Casa Park Villas Phase I, according to the Plat thereof, recorded in Plat Book d- 9 , at Page ,!J./.j<f.3~-, of the Public Records of Seminole County, Florida; AND Begin at a point on the West Line of Tuscawilla Unit 9, according to the Plat thereof as recorded in Plat Book 24, Pages 72 and 73 of the Public Records of Seminole County, Florida, at a point lying 210.0 feet North of the Southwest corner of said Plat, said point also being the Northeast corner of Tuscany Place, A Condo- minium Phase I, as recorded in O.R.B. 1281, Page 1887 of said Public Records, thence run N 850l3'38"W 898.59 feet to an Iron Pipe Monument, said Monument being the most Northerly corner of said Tuscany Place, thence run S 54057'4l"W 273.68 feet to the most Westerly corner of said Tuscany Place, said corner lying on the Northerly right of way line of Trotwood Boulevard as shown on the Plat of Tuscawilla Unit 8, Sheet Three of Four, accord- ing to the Plat thereof as recorded in Plat Book 23, Page 27 of said Public Records, thence run N 34048'44"W along said Northerly right of way line of Trotwood Boulevard 140.19 feet to the P. C. of a curve concave Southwesterly and having a radius of 580.0 feet, thence run Northwesterly along said curve 397.52 feet through a central angle of 39016'10" to a P. o. C., thence run from said curve N 14053'07"E 207.29 feet, thence run N 05008'30"E 10.85 feet, thence run N 84051'30"W 10.0 feet, thence run N 05008'13"E 476.45 feet to a concrete monument, said monument lying on the Westerly extension of the Northerly line of Lots 39, 40, 47 and 48 of said Tuscawilla Unit 9, thence run S 8405l'30"E 1435.90 feet to a concrete monument, said monument being the North- west corner of said Lot 39, thence run S 00001'24"W along said West line of Tuscawilla Unit 9 a distance of 817.27 feet to the point of beg inning; less beg in at the aforecited point of beginning, thence run N 850l3'38"W 898.59 feet to an Iron Pipe Monument, said Monument being the most Northerly corner of said Tuscany Place, thence run S 54057'4l"W 273.68 feet to the most Westerly corner of said Tuscany Place, said corner lying on the Northerly right of way line of Trotwood Boulevard as shown on said Plat of Tuscawilla Uni t 8, Sheet Three of Four, thence run N 34048' 44"W along said Northerly right of way line of Trotwood Boulevard 140.19 feet to the P. C. of a curve concave Southwesterly and having a radius of 580.0 feet, thence run Northwesterly along said curve 397.52 feet through a central angle of 39016'10" to a P. o. C., thence run from said curve N 14053'07"E 175.0 feet, thence run N 85032'47"E 124.73 feet, thence run S 72045'27"E 115.82 feet, thence run N 77042'13"E 104.80 feet, thence run S 87051'07"E 212.0 feet, thence run N 06048'09"E 87.87 feet, thence run S 88035'23"E 250.49 feet, thence run S 55017'35"E 200.0 feet, thence run N 56024'53"E 300.0 feet, thence run N 86019'59"E 248.13 feet to a point on the West line of said Tuscawi11a Uni t 9, said point being S 00001'24"W 250.0 feet from the Northwest corner of Lot 39 of said Tuscawilla Uni t 9, thence rUl);- S':,~ ::u 00001~2~"W 567.27 feet to the point of beginniiig.c,'~~ .~:;; C Contalnlng 13.5734 Acres more or less. "'.0 .. '''": f ~oo ::: ~..:.~ ~CJl 'J ,; ~-=; ~ ;;:; ''''J -, I(")~;;J:) ,'A:: ;;i f. 5 'C: C:J :-.... ~ '00 -. . . . 'J ", .. i , \"J; .1"1 " ') iIIoI_. ~ 9' mP ..... .......,' , . j-.;:J:' " i- the"'Other OWner thepurpo.e Of Oeclaration. Witnessesa a\il~"~C d~~ ~/J0-- W.^,T~~ SflA..",t,;s O~IJ, (..JI.'. JYll~ ;>r.. (;) , 0 .: "" 1 My Comaission Expires: ~~, ~~.lifr~I , ' .. y ! -. . State of ~~f/~~at Large ':U~a')'. ':Uf(. ~t!c. cf Ff.ur1I!, &tv C~M;l'It:$,~i f;~;-:;u 1..1..'1 "-6 e~lItd e H:lilc' ~ ~"'" 1:710 , _.ll f",. 1",,,,,,,_ c.. III HaIIfor' ~ii~Loo.u.'.l.,',<h};i..:~llt;;~~i/~~"tl<;_.;L~.,;...."~"""".:,., '.';ic';"t,;~~'~h~,;_..l'i.l..~;r.i;:~;..i:..;>._c / A."....... ^~......"" - '-~ J ..