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HomeMy WebLinkAboutCountry Club Village Unit 1 i.. ~li.ISC;I,,'ill;1 WINTER SPRINGS DEVELOPMENT CORPORATION 1500 Winter Springs Boulevard Winter Springs. Florida 32708 (305) 365-3252 July 22, 1986 Mr. Sam Smith Building Official City of Winter Springs 1126 E. SR 434 Winter Springs, Fl 32708 RE: ARCHITECTURAL APPROVAL, COUNTRY CLUB VILLAGE Dear Sam, The Architectural Control Committee for Tuscawilla hereby designates the Architectural Control Committee of Country Club Village to act as its representative concerning all architectural approval matters within Country Club Village. This designation is for Country Club Village only and can be revoked at any time at the sole discretion of the Architectural Control Committee of Tuscawilla or Winter Springs Development Corporation. Until further noti control approval i Chairman, Architect ; ncel3' Jay Alpert Vice President Operations WINTER SPRINGS DEVELOPMENT CORP. Chairman Architectural Control Committee,Tuscawilla PUD cc: George Mahoney Tom Rogerson ~"".-,'-"',,"...'" ..... . .--, - " '- ,', .". ~- - . . -.. . , ---.. - - . ~ -. ":. "~.".' ..:. . .. - :' .:- " c,. JUL 2 51986 CUy or Winter Springs B:dg. Dept. i~ ~111~~;I,,'ill;1 WINTER SPRINGS DEVELOPMENT CORPORATION 1 500 Winter Springs Boulevard Winter Springs. Florida 32708 (305) 365-3252 July 22, 1986 Mr. Sam 511I1 th Building Offici.l City of Winter Springs 1126 E. SR 434 Winter Springs, Fl 32708 Dear Sam, The Architectural Control Committee for Tuscawilla hereby designates the Architectural Control Committee of Country Club Village to act as its representative concerning all architectural approval matters within Country Club Village. This designation is for Country Club Village only and can be revoked at any time at the sole discretion of the Architectural Control Committee of Tuscawilla or Winter Springs Development Corporation. Until further no . control approval Chairman, Architec Jay Alpert Vice President Operations WINTER SPRINGS DEVELOPMENT CORP. Chairman Architectural Control Committee,Tuscawilla PUD cc: , ., . "' "'J~~ '~... . . - . ~.-.......rn K:~ ::', JUl 2 51986 ehy or Winter Springs ~:dg. Dept. TUSCAWILLA COUNTRY CLUB VILLAGE HOMEOW'.~ER'S ASSOCIATION P. O. Box 3621 winter Springs, FL 32708 August 27, 1986 Mr. Sam Smith Building Official City of Winter Springs 1126 E. S.R. 434 winter Springs, FL 32708 Re: Architectural Approval, Country Club Village Dear Sam: Reference is made to Mr. Jay Alpert'S July 22, 1986 letter to you on this subject. This is to advise that in the ab- sence of Mr. George Mahoney, Mr. George Raley is authorized to act as the representative of Country Club Village on all matters of architectural approval. ~~~ Mr. Tom Roger~ Vice president TR/mkf cc: George Raley Jay Alpert George Mahoney R- j)e?v7~ g~~--~~~ tl (, L ") ./ /) / /, , ~J IO~ ,1 f./~. f;~~ b )- / r: . l) o ~t:Ct.'\)Et> SEP 3 1986 City of Winter Springs B\dg. Dept. """.- ~~ ~~. . J'CIr> 1'1'\ SO-, NOTICE OF RESTRICTIONS AND AGREEMENT OF MAINTENANCE COUNTRY CLUB VILLAGE AT TUSCAWILLA, UNIT ONE OJ ~o r!O ::c :;r. -ra~ r-o 0'- :::en O('} 1'>>- C'" c:: %... -i ,,: -< c;") .'1 N (....) o KNOW ALL }lliN BY THESE PRESENTS: That whereas Country Club Village Builders, Inc., the owner of property known as COUNTRY CLUB VILLAGE AT TUSCAWILLA, located in Seminole County, Florida, more particularly described as follows, to-wit: m w r....) (See Exhibit A attached) THEREFORE, THESE PRESENTS WITNESSETH: That the parties to this agreement for and in consideration of ONE DOLLAR ($1.00) in hand paid by each party to the other, receipt whereof is hereby acknowledged, and for other good and valuable considerations, do herein and hereby covenant and agree one with the other, for ourselves, successors, assigns and legal representatives, that as to said property above described, all the restrictions, reservations, covenants, conditions, liens and charges, and easements contained herein shall constitute covenants running with the land or equitable servitudes upon the land, as the case may be, and shall rule per- petually unless terminated as provided herein and shall be binding upon all parties or persons subsequently owning any of said property, and in consideration of receiving any by acceptance of a conveyance, grant, devise, lease or mortgage, all grantees, devisees, lessees, and assigns and all parties claiming by, through or under such persons agree to be bound by all the provisions hereof. 1. DEFINITIONS: (a) "Association" shall mean and refer to Country Club Village at Tuscawilla Homeowners Association, Inc., its successors and assigns. (b) "Properties" shall mean and refer to all of that certain property referred to and designated as "Community area (not public)", on the property known as Country Club Village at Tuscawilla, Unit One,(see Exhibit A attached), Seminole County, Florida. (c) "Lot" shall mean and refer to any plot or parcel of real property as shown upon the recorded plat of said Country Club Village at Tuscawilla, Unit One,upon which a single family dwelling is constructed or is to be constructed. (d) "Member" shall mean and refer to every person or entity who holds a membership in the Association. (e) "Owner" shall mean and refer to the record owner whether one or more persons or entities, of the fee simple title to any lot which is a part of the Development, including the seller of an executory contract of sale, but excluding those having such interest merely as security for the performance of an obligation. (f) "Developer" shall mean and refer to COUNTRY CLUB VILLAGE BUILDERS, INC., their successors, assigns and transferees if such successors, assigns, or transferees should acquire more than one undeveloped lot from the Developer for the purpose of development. (g) "Restrictions" shall mean and refer to these Restrict- ions and Agreement of Maintenance applicable to the Development recorded in the office of the Clerk of the Circuit Court, Seminole County, Florida. .' . (h) "Development" shall mean and refer to all of the property as is hereinabove set forth and particularly described on Exhibit A as from time to time added to in conformance herewith. (i) "Maintenance Year" shall mean and refer to a year running from November 1st to October 31st of each year. 2. Every person or entity who is a record owner of a fee or undivided fee interest in any lot which is subject by covenant of record to assessment by the Association, including the Seller of an executory contract of sale, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. ~g No owner shall have more than one membership per lot owned. Member- ~~r. ship shall be appurtenant to and may not be separated from ownership~~ of any lot which is subject to assessment by the Association. Owner~~ ship of such lot shall be the sole qualification for membership. ~g c: :z:"U 3. The Association shall have two classes of voting member-~~ ship: m N W o C.,, -~ ()') W W Class A. Class A members shall be all those owners as defined in Paragraph 2 hereof with the exception of the Developer. Class A members shall be entitled to one vote for each lot in which they hold the interest required for membership by Paragraph 2. When more than one person holds such interest in any lot, all such persons shall be members. 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 lot. Class B. The Class B members shall be the Developer. The Class B members shall be entitled to three (3) votes for each lot in which it holds the interest required for membership by Paragraph 2, provided that the Class B membership shall cease and be converted to Class A membership on or before five (5) years from date hereof. 4. Every member shall have a right and easement of enjoy- ment in and to the properties and such easement shall be appurtenant to and shall pass with the title to every assessed lot, subject to the following provisions: (a) The right of the Association to limit the number of guests of members; (b) The right of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the properties and facilities and in aid thereof to mortgage said properties, and the rights of such mortgagee in said properties shall be subordinate to the rights of the homeowners hereunder; (c) The right of the Association to suspend the voting rights and right to use the recreational facilities by a member for any period during which an assessment against his lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations; (d) The right of the Association and/or Developer to dedicate or transfer all or any part of the properties to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by members entitled to cast two-thirds (2/3rds) of the votes of the Class A membership and two-thirds (2/3rds) of the votes of the Class B member- ship, if any, has been recorded, agreeing to such dedication or trans- fer, and unless written notice of the proposed action is sent to every member not less than thirty (30) days nor more than sixty (60) days in advance, excepting the conditions contained herein so far as the same applies to the Developer. -2- I , ; .. 5. (a) The Developer, for each lot owned within the development, hereby covenants, 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 conveyance, is deemed to covenant and agree to pay the Association: (1) annual assessments or charges and (2) special assess- ments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. (b) The assessments levied by the Association shall be . used exclusively for the purpose of promoting the recreation, health, ~ safety, and welfare of the residents in the Development and in partic-~g ~ ular for the improvement and maintenance of the Development, services~~~ and facilities devoted to this purpose and related to the use and en-6F ~ joyment of the Development and of the homes situated upon the Develop~~ mente l>g C X-u r ....1'- ..... (c) Until November 1st of the year immediately following<~~ C the conveyance of the first lot to an owner, the maximum annual assess- ment shall be THREE HUNDRED AND NO/lOO DOLLARS ($300.00) per lot. r ~! (d) From and after November 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased effective November 1 of each year without a vote of the membership in conformance with the rise, if any, of the Consumer Price Index (published by the Department of Labor, Washington, D. C.) for the preceding month of July. (e) From and after November 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased above that established by the Consumer Price Index formula by a vote of the members for the next suceeding one year, and at the end of each such period of one year, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3rds) of the votes of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than ten (10) days nor more than thirty (30) days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (f) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessment of an amount not in excess of the maximum. 6. In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the properties, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3rds) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than ten (10) days nor more than thirty (30) days in advance of the meeting setting forth the purpose of the meeting. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis, as is more specifically set forth herein. -3- . ... - .. . - ..,__"......._............_w..~^..... ~. _..__.__..._-_...._-~.. ---'--..." ~-...---,--_. --..----......-'--......-- 7. At the first meeting called, as provided in sections S(e) and 6 hereof, the presence at the meeting of members or of proxies entitled to cast sixty per cent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called subject to the notice requirement set forth in sections See) and 6, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 8. The annual assessment provided for herein shall commence as to all lots on the first day of July, 1979. The first annual assessment shall be adjusted according to the number of months remaining in the maintenance year. The Board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. . The due dates shall be established by the Board of Directors. The Association shall ~pon demand at any time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid by the Developer. The Developer shall, however, maintain all unsold and completed units, together with all vacant lots until a transaction is completed in the name of an Owner-Occupant. 0' ~C> mu x:o: '" (.J,) o -q;'-: ro 9. Any assessments which are not paid when due shall be g~ delinquent. If the assessment is not paid within thirty (30) days ~~~ after the due date, the assessment shall bear interest from the date ~~. of delinquency at the rate of ten per cent (10%) per annum, and the ~~ Association may bring an action at law against the owner personally ,Yl obligated to pay the same, or foreclose the lien against the property, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the properties or abandonment of his lot. (.~::' en u) c....n 10. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot which is subject to any mortgage, pursuant to a decree of foreclosure under such mortgage or any proceeding in lieu of foreclosure thereof, shall extinguish the lien ~f such assessments as to payments thereof which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. 11. The following property subject hereto shall be exempt from the assessments created herein: (a) All properties dedicated to and accepted by a local public authoritYi (b) The properties designated as community propertYi and (c) All properties owned by a charitable or non- profit organization exempt from taxation by the la\vS of the State of Florida. HO\<Tever, no land or improvements devoted to dwelling use shall be exempt from said assessments. 12. No lot shall be used except for single family residen- tial purposes, unless otherwise specified on the plat. No building shall be erected, altered, placed, or permitted to remain on any lot other than one single family dwelling not to exceed two (2) stories in height and a private parking area for not more than two (2) cars. .. -4- _._ 'V_ .,.-.-' __ ~"- -" ~___" '~'______"~____""""''''''''''-~__.~'''_~~'M'.'''''''''''''''''''~_''''''_'"_' _'__'_h'~__"".__~.__"", _._H_____.u._... _ .. ... .... _ 13. The Architectural Control Committee shall be composed of three (3) members of the Board of Directors of Country Club Village at Tuscawilla Homeowners Association, Inc., (a corporation not for profit), or three (3) persons appointed by the Board of Directors of said corporation not for profit who shall not necessarily be members of the Board of Directors. In the event of death of, or resignation of any member of the committe~, the Board of Directors shall designate a successor. 14. Except for buildings and structures and all additions and alterations thereto constr~cted by the developer, no building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing that location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. 15. The committee's approval or disapproval as required . in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within thirty days (30) after plans and specifIcations have been submitted to it, or in any event if no suit to enjoin the construc- tion has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. ." (1\0 1TI0 :!::;~ "'1:Z r-o or- :::Of"') or.'") ~c:> C %-\.: ~1>- -<C) 1"'1 N C....) C) (~'- en w 0') 16. No principal residence shall be erected or allowed to remain on any lot unless the square footage area thereof, exclusive of screened porches, garages and storage rooms, shall equal or exceed one thousand (1,000) square feetj provided, however, that two-story homes need only have seven hundred (700) square feet on the ground floor. 17. No structure of a temporary character, trailer, boat, motor home, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence or appendage to such residence, either temporarily or permanently. 18. No radio or television aerial or antenna nor any other exterior electronic or electrical equipment or devices of any kind shall be installed or maintained on the exterior of any structure located on a lot or on any portion of any lot cccupied by a building or other structure unless and until the location, size and design thereof shall have been approved by the Architectural Control Committee of the Homeowners Association. \~.~/.. No mail box or paper box or other receptacle of any kind for use 1n the deli very of mail or newspapers, or'. magazines, or similar material shall be erected or located on any lot unless the size, location, design and type of material for said boxes or receptacles shall hdve been approved by the Architectural Control Committee of the Homeowners Association. 20. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 21. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept provided they are not kept, bred or main- tained for any commercial purpose. 22. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one (I) square foot, one (I) sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. 23. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for -5- storage or disposal of such materials shall be kept in a clean and sani.tary condi.tion. 24. (a) It is prohibited to hand and/or dust garments, rugs, or any other materials from the windows or from the front facade of any residence. (b) It is prohibited for an owner of a residence, member of his family, or guests to plant any shrubbery, trees, or ornamental plants, and in addition, any structure of any nature, form or kind, fence, whether permanent or temporary in any position on lot lying in front of any residence or area without the prior written consent of the Architectural Control Committee, or such areas designated as community areas on the plat as recorded. 25. Maintenance responsibility. Homeowners shall maintain their property and where applicable, the area between their lot lines and streets, golf course or common areas in neat, trim and presentabl~~ manner. It shall be the duty of the Board of Directors of Country ~~ Club Village at Tuscawilla Homeowners Association, Inc., to provide ~~ through its agents and employees for the administration, operation, ~~ maintenance, repair and replacement of streets, lighting, recreationo~ and parking facilities as they shall deem necessary, and to provide ~~ proper maintenance of all properties or areas delineated as community3.~ or common areas according to the plat of Country Club Village at ~; Tuscawillaj the same to be administered pursuant to the terms of the bylaws, articles and rules and regulations of Country Club Village at Tuscawilla Homeowners Association, Inc. In the event a homeowner maintains their property to the detriment of the surrounding property owners and the neighborhood in the opinion of the Architectural Committee, the Board of Directors of the Homeowners Association shall direct the homeowner in writing, to complete necessary repairs and/or maintenance within a specified time period. If such repairs and/or maintenance is not completed within the specified time period, the Board of Directors of Country Club Village at Tuscawilla Home- owners Association, Inc., shall cause the required work to be com- pleted and the cost of such repairs shall become a lien against the property which shall bear interest at ten per cent (10%) per annum, which lien may be enforced as other liens herein. 26. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities. The easements are for the benefit of each lot and all improvements located on them, if any, shall be maintained continuously by the Association, pursuant to the covenants of maintenance provided for herein, except for those improvements for which a public authority or utility company is responsible. -N (...,) .0 en w ~ 27. Each person or entity who is a record owner of a fee or undivided fee interest in any lot shall be subject to these restrictions, together with the provisions of the articles, bylaws and rules and regulations of Country Club Village at Tuscawilla Home- owners Association, Inc. 28. These covenants and restrictions shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any lot subject to this Notice of Restrictions and Agreement of Haintenance, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date this document is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this document may be amended during the first twenty (20) year period by an instru- ment signed by not less than sixty per cent (60%) of the lot owners, and thereafter by an instrument signed by not less than fifty per cent (50%) of the lot owners, provided, however, that Rny institutional mortgagee which holds a note secured by a mortgage encumbering any, real property located within Country Club Village at Tuscawilla must give its written consent prior to any amendment hereon. Any amendment must be properly recorded, provided, however, Paragraph 32 may not be amended without the prior written approval of developer. -6- ~____-'"__.",_,_~~;,.;.~,"..u""";"""""';,',,." ..--'~ -~..,<":,,,-:::,:,- , , 29. Remedies for Violations. For violation or a breach of any provisions herein by any person claiming by, through or under the Developer and/or Association or by virtue of any judicial proceedings, any owner and/or the Association or an institutional first mortgagee, or any of them, severally, shall have the right to proceed at law for damages or in equity to compel compliance of any of them, or for such other relief as may be appropriate. In addition to the foregoing right, the Association shall have the right whenever there shall have been built within the parcel any structure which is in violation of this Agreement, to enter upon the property where such violation of this Agreement exists, and summarily abate or remove the same at the expense of the owner, provided, however, the Association shall then make the necessary repairs, construction, etc., necessary to insure that the property and improvements where such violation occurred shall be in the same condition as it was before said violation occurred, and any such entry and abatement or removal shall not be deemed a trespass. The failure promptly to enforce any of the provisions of this agree- ment shall not bar their subsequent endorsement. I>> U)Q ",0 x?: '"Wi % ,-0 or- ::0 1"'"1 30. Assessments. Such assessments may be collected, retatBed and disbursed by the mortgagee serving each unit, and such mortgagee l>o~ shall disburse the funds which are collected in the monthly payment ~~ as the portion of escrow designated as the maintenance fund. The ~ Mortgagee shall disburse the funds so collected to Country Club Village at Tuscawilla Homeowners Association, Inc., on the first day of November of each year or such other date as may be determined by the Mortgagee in its sole discretion. The Mortgagee shall not be responsible or in any way accountable for the disposition by Country Club village at Tuscawilla Homeowners Association, Inc., of such funds. N W o C) en w 00 31. The developer hereby covenants for itself, its successors and/or assigns, that it will convey in fee simple title to the Associa- tion all properties designated "community property (not public)" as delineated on said plat of Country Club Village at Tuscawilla, Unit One. 32. Stage Development. Notwithstanding any other provision of this Declaration, or the Association's Articles of Incorporation or Bylaws, to the contrary, the additional lands described on Exhibit B attached hereto and here incorporated by reference may be annexed, in whole or in part, by Developer at any time prior to five years from the date of this Declaration, and made subject to the governing provisions of this Declaration, all without the consent of the Class A members of the Association, or the joinder or consent of any mortgagee, by Developer's recording in the public records of Seminole County, Florida, a (i) customary subdivision plat of the property to be annexed; and (ii) an appropriate amendment to this Declaration. Upon the occurrence of both of the foregoing, the lands encompassed by such subdivision plat will become subject to all of the provisions of this Declaration as if such property initially had been set forth and described on Exhibit "A" attached to this Declaration. without limitation, each plot or parcel shown upon such subdivision plat shall constitute a "Lot", and each plot or parcel designated as either "Common Area" or "CoJUTI1unity Area (not public)" \"ill constitute a portion of the "Prop- erties", for all purposes under this Declaration and the Association's Articles of Incorporation and Bylaws; and such Property will constitute a portion of the "Development" for all purposes. Until such an amendment is so recorded, however, no provision of this Declaration will be effective as to all or any portion of the lands described on Exhibit 13 attached, nor shall this Declaration constitute a cloud, doubt, suspicion, or encumbrance on the title to such lands. Developer's rights under this paragraph may be assigned by Developer to the then owner of the fee simple title to all or any portion of the lands described on Exhihit B attached and, follovling such assignment, may be exercised by such fee owner, who will then constitute a "Develc:per" under this Declarat.ion, and the Association's Articles of Incorporation and Bylaws, for all purposes. Annexation of any lands other than those described on Exhibit B attached, or annexations of any of the lands described on Exhibit B attached occurring after five years from the date of this Declaration, must have the approval of the Association and will become -7- .. . effective upon recording of an appropriate amendment to this Declaration, executed by the Association and the holders of all record interests in the lands annexed. IN WITNESS WHEREOF, we have hereunto set our hands and seals this ---1 Ci '"r2. day of -sl"t .,,~ , 1979. STATE OF FLORIDA . . COUNTRY CLUB VILLAGE BUILDERS, INC. by: HLi4;;t"'~~ent ,\ ",.'" ......t"" ..", \.Il. k ~ """ ..' ,\. - / " . ....." "'. 1- "-:-, (CORPORATE SEAL] ~ 4:~~ co i,~ \ ~ . < 0 or:;:J: ~ --. :. ..J a.. Lui:1> a::C': ... ct- V)... 0 : ~ ". 0 <.;,V : ~ .,..." .'" .' r... i .,.6'., . ,.' t:;\Q ,,' ...... '" ... \0\ \. '" ,.,.' ..".,.'....1.."",'" WITNESSES: ;\\"'~" '9.~ <( () <1 ili'~ 9v-~~ ,/) di. '-,)'- COUNTY OF ORANGE i 1 I j I .1 'j j 1 BEFORE ME, a duly authorized Notary Public in and for the State of Florida at Large, personally appeared Harry A. Goehring, known to me personally and known to be the President of Country Club Village Builders, Inc., the corporation described in the fore- ~g going Notice of Restrictions, and he acknowledged before me that he ;~ executed the foregoing in his capacities as President of Country ~~ Club Village Builders, Inc., for the purposes therein expressed. ~~ :om i50 WITNESS my ~and and official seal at Orlando, Orange Count~,g Florida, this Icq'~~-:- .. day of . ';:fLl..,,\(l. , 1979. ~;; -<~ "1 N W o C) ,...~.~l;.'~ .... ...~.'i (:. { ~<\ ..' ...... ., ... y ..... .... /\. o':r Ap, ".: ; ~ ! r-~ ly .~.--: ": ~..: !, ;;" ~.\ : ~ ~ '.. " lI~L\C"". i ,. . .," . ':' ; ,.', ".......... ...... J..... ,.... <'0 :;. '~r \. '".' ".' .~ "14'.. UH"" ....' 1\,\ i ~ \ <R,., 'h", Notary ~blic (l ,.--;--. <" \..t9A -. en w <.0 My commission expires: tlotary Public, Stale of Florida II large My Commission Expires l!tnc 28, i933 ...04.d IJ AlM,i... Fir. &. C..uolly Co. pony 1 I j I I i 1 '1 i 1 .1 i i j ~ I i j 1 " 1 , I '1 . i , 1 1 l ] I 1 ~ This instrument prepared by: Francis V. Gay van den Berg, Gay & Burke, P.A. Post Office Box 2193 Orlando, Florida 32802 c:- e:. :z: ""-' C-n {.J c.D c.....:: .. .... , - lH 0' -n :r.: to to .. ... ~.. ...... ~#.. . '...:;". :i~ ..,. ---J c...c t!: -8- JOINER OF MORTGAGE FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF SEMINOLE COUNTY, the owner and holder of mortgages upon the lands described on Exhibit A attached hereto, hereby consent to these Restrictions and subordinate the lien of these mortgages to these Restrictions. Z:' '. ~J'i~ .,bluMcn x. Z'hL1fl<J' ~,> ~~ G. T. Edmonds, President ~Z ,"0 !:;I'C' "YIZ '-0 or- ~..., me') ..g ~v -.~ 1;1' -4Q ..... rt\ ~ I': L.. c: c::-: STATE OF FLORIDA: ATTEST: COUNTY OF SEMINOLE: BEFORE ME, a duly authorized Notary Public in and for the State of Florida at Large, personally appeared G. T. Edmonds and M~Yi~p F.~~rQ known to be the President and ~P~YP~~YK of Fl.rst Federal Savings and Loan Association of Seminole, and ave acknowledged before me that they executed the foregoing for the purposes therein expressed. WITNESS my hand and official seal at Sanford, Seminole County, Florida, this 22nd day of June, 1979. . . : :"t" --1 ." . ~ a : ~ G.1 ; , . expl.re~: \ t:J ..::J : (~ P bll~ ~-.~. o(.f1o~' at..~. Notary u .lSVl. M 1& '.).981 My commlS$I~"~Rv~...a.r:. ,\. .,,' " (;." ,r ., \ " 1"1 ~1 n 10.' ...", """"""11.""'" l1y commission -9- ~.--"""..~,._"_.~_.'-:"~--_.......__...,-~...,,,..>" ,< . COUNTRY CLUB VILLAGE, UNIT ONE, accord- ing to the plat thereof as recorded in Plat Book 22, pages 4, 5 and 6 of the Public Records of Seminole County, Florida. --~ .. CAO "'0 ~=- ...:a .... 0 or- :::Dr! 6(") .0 c Z-u .... -Cg 111 N W <:) o en ..e. EXHIBIT A .. ' WINTER SPRINGS CONDOMINIUMS SITE FOUR From the NE corner of winter Springs Unit 3, as recorded in Plat Book 17, Pages 89 & 90, Public Records of Seminole County, Fla.; run thence N.00015'09''W. along a projection of the East line of said winter Springs Unit 3, a distance of 447.69 ft. to a point on the Westerly right of way line of a 110 ft. Fla. Power & Light Easement, as recorded in O.R. Book 183, Page 130, Public Records of Seminole County, Fla.; run thence N.3lo45'52"W. along said Westerly easement right of way line 2329.73 ft. to the Point of Beginning; thence leaving the aforesaid Westerly easement right of way line; run S.580l4'07"W. 155.39 ft.: run thence S.17004'38"E. 533.09 ft. to a point on the centerline of Howell Creek; run thence Southwesterly the following courses along the said centerline of Howell Creek: S.490l3'58"W. 36.14 ft., N.82006'22"W. 86.80 ft., N.40020'32''W. 67.00 ft., S.6lo40'48"W. 22.95 ft., S.2lo23'08"W. 42.70 ft., S.56054'08"W. 95.50 ft., S.01012'18''W 39.60 ft., S.29022'08"W. 151.40 ft., S.6403l'08"W. 46.70 ft., N.2lo36'52"W. 73.70 ft., S.72035'48"W. 75.81 ft., N.47022'09"W. 31.52 ft., S.44008'll"W. 141.79 ft., S.43022'09"E. 65.00 ft., S.5lol5'3l"W. 118.86 ft., S.57023'49"E. 85.20 ft., S.54029'5l"W. 58.32 ft., N.75035'29"W. 74.63 ft., S.7905l'5l"W. 71.32 ft., S.25052'29"E. 74.17 ft., ~~ S.4lo08'll"W. 45.34 ft., N.44054'49"w. 59.00 ft., S.36050'3l"W.~~ 78.25 ft., S.680l3'11"W. 19.00 ft., S.2605l'5l"W. 158.35 ft.; ~~ thence leaving the aforesaid centerline of Howell Creek; run ~~ N.58023'53"W. 442.28 ft.; run thence N.Olo14'52"W. 796.14 ft.;~g thence N.loo47'28"W. 566.65 ft.; run thence N.29058'16"W. i~ 340.05 ft.; run thence N.6lo53' 50"E. 526.07 ft.; run thence ::~ N.64055'36"E. 516.79 ft. to a point on the aforesaid westerly PI right of way line a 110 ft. Fla. Power & Light Easement; run thence S.54005'37"E. along said Westerly easement right of way line 105.94 ft.; run thence S.3lo45'52"E. along aforesaid westerly easement right of way line 1102.30 ft. to the Point of . Beginning; all of the above described being in Seminole County, Florida; containing 52.1801 acres more or less. N W (:) o 0') ..b. N LESS: COUNTRY CLUB VILLAGE, UNIT ONE, according to the plat thereof as recorded in Plat Book 22, pages 4, 5 and 6 of the Public Records of Seminole County, Florida. EXHIBIT B ARTICLES OF INCORPORATION f\LEO \l\iM L~ \ \ 03 M~ tOl S .- .\:'" F :jTA1E SECf\,-. ~.; ':"E. FLORIO,\ T #l.LLAH..-1 Y. OF COUNTRY CLUB VILLAGE AT TUSCAWILLA HOMEOrfflERS ASSOCIATION, INC. We, the undersigned, for the purpose of forming a corporation not for profit, and in pursuance of the laws of the State of Florida, in such cases made and provided, do make, subscribe to, acknowledge, and file these Articles of Incorporation, hereby declari~g and certifying that the facts herein stated are true. ARTICLE I Name The name of this corporation shall be: COUNTRY CLUB VILLAGE AT TUSCAWILLA HOMEO~iNERS ASSOCIATION, INC., and its principal office shall be located at 2020 Wo Fairbanks Avenue, Winter Park, Florida 32789. This corporation shall have perpetual existence. ARTICLE II Purpose The purposes for which this corporation is formed is to provide an entity, which pursuant to the "Notice of Restrictions and Agreement of Maintenance" as from time to time amended, herein- after "Restrictions", which is recorded in the Public Records of Seminole County, Florida: (a) Shall provide for the maintenance, preservation and architectural control of the Development known as Country Club Village at Tuscawilla,Unit One, a platted development to be constructed upon the following described real property located, situate and being in Winter Springs, Seminole County, Florida, as follo\-ls: (See Exhibit A attached) -"_::~~. (b) Shall provide for the maintenance, preservation and architectural control of future developments to the additional lands described in Exhibit B attached hereto, when and if any or all of the same is developed and made subject to the "Restrictions" as provided for therein. (c) May provide for the maintenance, preservation and architectural control of future developments of additional lands NOT described on Exhibits A and B if the Association agrees to the same as provided for in the subject IIRestrictions" and from time to time amended. (d) To accept and hold legal title to the "Community Property (not public)" as delineated on the plat of Country Club Village at Tuscawilla,Unit-One, and such other property as shall be deeded arising from future developments, for the use and benefit of its members, subject to the rights, obligations, and restrictions set forth in the IIRestrictions". ARTICLE III Powers Except as limited herein, the Corporation shall have the pmve r: (a) To exercise all of the powers and privileges and to perform all of the duties and obligations of the Assoc- iation as set forth in the Notice of Restrictions and Agreement of l1aintenance, hereinafter called the "Restrictions", applicable to the property and recorded or to be recorded in the office of the Clerk of the Circuit Court, Seminole County, Florida, and as the same may be amended from time to time as therein provided; said restrictions being incorporated herein as if set forth at length; (b) To fix, levY, collect and enforce payment by any lawful means, all charges 8r assessments pursuant to the terms of the restrictions and byL'l"!Si to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed -2- . .. .' -- '- . . . - . - ..........."...."'--_............."'_..."~,"""',,,.,._----,..........-"^ ,..... ___ _ '_._...,-H""".,-__-~,....___~~.,.,...".~-.,.,,-. ".~.__=_____'.H_~.~._.._ _. 1 ' 1 I ; 1 t I ! ~ 1 ' against the property of the Association; (c) To acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, In...lintain, convey, sell, lease, transfer, dedicate for public use or othe~lise dispose of real or personal property in connection with the affairs of the Association; (d) To borrow money, to mortgage, pledge, deed in trust or hypotheticate any or all of its real or personal property as security for money borrowed or debts incurred; and (e) To have and to exercise any and all powers, rights and privileges which a corporation organized under the non-profit corporation law of the state of Florida by law may now or hereafter have or exercise. ARTICLE IV Members The members of the Association shall consist of all persons or entities owning a fee simple title (either solely or jointly) in a lot in Country Club Village at Tuscawilla, unit One,as the same is defined in the "Restrictions", and, if additional developments are added, ~s aforesaid, the members shall include all persons owning a fee simple title (either solely or jointly) in a lot in the development. The f~regoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No owner shall have more than one membership as to each lot. Membership shall be appurtenant to and may not be separated from ownership of any lot. Ownership of such lot shall be the sole qualification for membership. ARTICLE V Voting The Association shall have two classes of voting membership: CLASS A. Class A members shall be all those owners as defined in ARTICLE IV with the exception of the Developer. Class A members shall be entitled to one vote for each lot -3- . .---.. -- -~._.._>._- in which they hold the interest required for membership by ARTICLE IV. When more than one person holds such interest in any lot, all such persons shall be members. 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 lot. CLASS B. Class B member(s) shall be the Developer. Th~ Class B member(s) shall be entitled to three (3) votes for each lot in which it holds the interest required for membership by ARTICLE IV, provided that the Class B membership shall cease and be converted to Class A membership on or before five (5) years from the date hereof. ARTI CLE VI BOARD OF DIRECTORS The affairs of this Association shall be managed by . a board of three (3) directors, who need not be members of the Association. The number of directors may be changed by amendment of these Articles of Incorporation. The names and addresses of the persons who are to act in the capacity of directors until the selection of their successors are: l 1 1 I I I 'I .l i I j NANE RESIDENCE C. C. Tomlin, Jr. 1205 Howell Creek Drive Maitland, Florida 32751 Kenneth L. Winegardner 1104 Pheasant Circle Maitland, Florida 32751 Harry A. Goehring 775 Altamonte Drive Altamonte Springs, Florida 32701 The term of the initial members of the Board of Directors shall be as follows: 1. C. C. Tomlin, Jr., shall serve for a period of two (2) years. i 2. Kenneth L. Winegardner shall serve for a period of three (3) years. 3. Harry A. Goehring shall serve for a period of four (4) years. 'cl ~ j ,I 1 ~ j 'i ., At the second annual meeting the members shall elect one (1) director for a term of one (1) year; and likewise shall elect on each successive year at each annual meeting the necessar- -4- ...............---....,---;..;,........-...,-. 1 ..~ ..' directors to make three (3) members for the same term as each shall have terminated as is set forth above. The election shall be pursuant to the Bylaws. ARTICLE VII Indebtedness The highest amount of indebtedness or liability, direct or contingent, to which this Association may be subject at anyone time shall not exceed $25,000.00 while there is a Class B membership, and thereafter shall not exceed 150 per. cent of its income for the previous fiscal year, provided that addi- tional amounts may be authorized by the assent of two-thirds (2/3rds) of the membership; further provided that for purposes of determining the amount of indebtedness of the Association, the obligation of any maintenance contract shall be excluded. ARTICLE VIII Mergers To the extent permitted by law, the Association may participate in mergers and consolidations with other non-profit corporations organized for the same purposes, provided that any such merger or consolidation shall have the assent of two-thirds (2/3rds) of the entire Class A membership and two-thirds (2/3rds) of the entire Class B me~bership, if any. ARTICLE IX 1.1ortgages Any mortgage by the Association of its properties defined in the Bylaws shall have the assent of two-thirds (2/3rds) of the entire Class A membership and blO-thirds (2/3rds) of the Class B membership, if any. ARTICLE X Dedication of pronerty The Association shall have power to dedicate, sell or transfer all or any part of any properties it may mlln to any public agency, authority, or utili_ ':y for such purposes and subject to such conditions as ma~. b~ agreed to by the members. No such dedication or transfer shall be effective -5- unless an instrument has been signed by members entitled to cast t\-ro-thirds (2/3rds) of the votes of the entire Class A membership and two-thirds (2/3rds) of the entire Class B membership, if any, agreeing to such dedication, sale or transfer. ARTICLE XI Dissolution of Association The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3rds) of the. entire Class A membership and two-thirds (2/3rds) of the entire Class B membership, if any. Upon dissolution of the Association, the assets, both real and personal of the Association, shall be dedicated to an appropriate public agency to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Association. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to purposes and uses that would most nearly reflect the purposes and uses to which they were required to be devoted by the Association; provided, however, that the Homeowners Association will not be dissolved, nor will any part of the community area be sold or encumbered without the prior written consent of any Institutional Mortgagee holding a note secured by a mortgage encumbering any real property in said Country Club Village at Tuscawilla,Unit One, or any addi ti01al property added to the "Restrictions" as provided therein. ARTICLE XII Amendment Amendment of these Articles shall require the assent of sixty per cent (60%) of the entire mem)ership except for the Amendment to Articles II (b) and V \-lhich shall require the assent of one hundred per cent (100%) of the entire membership. -6- . . ARTICLE XIII Subscribers The names and residences of the subscribers are as follows: NAME RESIDENCE C. C. Tomlin, Jr. 1205 Howell Creek Drive Maitland, Florida 32751 Kenneth L. Winegardner 1104 Pheasant Circle Maitland, Florida 32751 Harry A. Goehring 775 Altamonte Drive Altamonte Springs, Florida 32701 ARTICLE XIV Officers (a) The affairs of the Association shall be administered by the officers designated in the Bylaws. The officers shall be elected by the Board of DirectOrs at its first meeting following the annual meeting of the members of the Association and shall serve at the pleasure of the Board of Directors. Officers shall at all times be members of the Board of Directors. (b) The names of the officers who are to serve until the first election or appointment by the Board of Directors are as follows: NA~m TITLE RESIDENCE C. C. Tomlin, Jr. President 1205 Howell Creek Drive Maitland, Florida 32751 Kenneth L. Winegardner Vice Pres. 1104 Pheasant Circle Maitland,' Florida 32751 Harry A. Goehring Sec.-Treas. 775 Altamonte Drive Altamonte Springs, Fl. 32701 ARTICLE XV By la\vs The bylaws of this corDoration may be amended at a regular or special meeting of the members by a vote of a majority of a quorum of members ~rescnt in person or by proxy. In the case of any conflict between the Articles of Incorporation and the bylaws, the Articles of Incorporation shall control; and in the case of any conflict between the restrictions and the bylaws, the restrictions shall control. IN WITNESS WHEREOF, for the purpose of forming this corporation under the la\"s of the state of Florida, we, the -7- undersigned, constituting the incorporators of this Association, .--,t ,i (I', .~ have executed these Articles of Incorporation, this day of .,..-- ~\ ....1..., L- ~. , 1979. (SEAL) (SEAL) ~~r HArry ~ r~ng ~ (SEAL ) STATE OF FLORIDA COUNTY OF ORANGE . . BEFORE ME, the undersigned authority, on this day personally appeared C. C. Tomlin, Jr., Kenneth L. Winegardner, and Harry A. Goehring, well known to me to be the persons named hereinabove, and they acknowledged executing this instru- ment freely and voluntarily and for the purposes expressed therein. WITNESS my hand and official seal in the County and .._~ ~ State aforesaid this the i l1 '-- day of _, ,-\f~ L , 1979. "., \ \\\ (\:.",,-' Notary Publ1:C '-: C f"J .--- c. \. Q,~l~,,-, t!otary Plic:ic, Sto:te 01 r-lo;~t!:1 ~t b;ae f..~v Com:';:5:;i.:;n Expires Ju:!a 2:)~ :5:"3 Bend.d 81 Arn.ri:.n Fi,. !. Cil"U.:~" c",: ;04., ,,' COUNTRY CLUB VILLAGE, UNIT ONE, accord- ing to the plat thereof as recorded in Plat Book 22, pages 4, 5 and 6 of the Public Records of Seminole County, Florida. EXHIBIT A ,,I WINTER SPRINGS CONDmUNIUMS SITE FOUR From the NE corner of Winter Springs Unit 3, as recorded in Plat Book 17, Pages 89 & 90, Public Records of Seminole County, Fla.; run thence N.00olS'09"W. along a projection of the East line of said Winter Springs unit 3, a" distance of 447.69 ft. to a point on the Westerly right of way line of a 110 ft. Fla. Power & Light Easement, as recorded in O.R. Book 183, Page 130, Public Records of Seminole County, Fla.: run thence N.3l045'52"W. along said ~.qesterly easement right of way line 2329.73 ft. to the Point of Beginning: thence leaving the aforesaid Westerly easement right of way line; run 5.580l4'07"W. 155.39 ft.; run thence 5.l7004'38"E. 533.09 ft. to a point on the centerline of Howell Creek; run thence 50uthwesterly the following courses along the said centerline of Howell Creek: 5.490l3'S8"W. 36.14 ft., N.82006'22"W. 86.80 ft., N.40020'32"W. 67.00 ft., 5.6l040'48"W. 22.9S ft., 5.21023'08"W. 42.70 ft., S.560S4'08"W. 95.50 ft., 5.0l012'18"W 39.60 ft., S.29022'08"W. 151.40 ft., S.64031'08"W. 46.70 ft., N.2l036'52"W. 73.70 ft., S.7203S'48"W. 75.81 ft., N.47022'09"W. 31.52 ft., S.44008'll"W. 141.79 ft., S.43022'09"E. 65.00 ft., S.S10l5'31"W. 118.86 ft., S.57023~49"E. 85.20 ft., S.S4029'Sl"W. 58.32 ft., N.7503S'29"W. 74~63 ft., S.7905l'5l"W. 71.32 ft., S.2soS2'29"E. 74.17 ft., 5.4l008'll"W. 45.34 ft., N.44054'49"W. 59.00 ft., S.36050'3l"W. 78.25 ft., S.680l3'll"W. 19.00 ft., S.2605l'51"W. 158.35 ft.; thence leaving the aforesaid centerline of Howell Creek; run N.58023'53"W. 442.28 ft.; run thence N.Olo14'52"W. 796.14 ft.; thence N.lo047'28"W. 566.65 ft.; run thence N.29058'16"W. 340.05 ft.: run thence N.61053'50"E. 526.07 ft.; run. thence N.64055'36"E. 516.79 ft. to a point on the aforesaid Westerly right of way line a 110 ft. Fla. Power & Light Easement; run thence S.5400S'37"E. along said Westerly easement right of way line 105.94 ft.; run thence S.3104S'52"E. along aforesaid Westerly easement right of way line 1102.30 ft. to the Point of Beginning: all of the above described being in Seminole County, Florida; containing 52.1801 acres more or less. LESS: COUNTRY CLUB VILLAGE, UNIT ONE, according to the plat thereof as recorded in Plat Book 22, pages 4, 5 and 6 of the Public Records of Seminole County, Florida. EXHIBIT B .' CEHT I Fl C.\TE DES IC~A'fl ~{G I:EG [~TJ:I:ED ^Gi:::iT ~ \ i ~J) , l.. r. '. ) ~\ \ \ O~ ~.\~ "~ 1 Silt c..J __ . "', to\ E - I' . ... r;;) O' c: t: C1'~.' · ".- -LORi'" ...,.... .. t' C ... E.. r l~llt.i\..~":'" In pursuance with section 48.091, Florida statutes, COUNTRY CLUB VILLAGE AT TUSCAWILLA HOMEOWNERS ASSOCIATION, INC., desiring to organize under the laws of the State of Florida with its principal office, as indicated in the Articles of Incorporation at City of Winter Park, County of Orange, State of Florida, has named C. C.Tomlin, Jr., located at 2020 W. Fairbanks Avenue, \1inter Park, Florida 32789, County of Orange, state of Flo~ida, as its agent to accept service of process within this state. ACKNOWLEDGMENT: 7~. {)~~~ Having been named to accept servico of process for the above-stated corporation, at place designated in this certificate, I hereby accept to act in this capacity, and agl.ee to cO\llply with the provision of said Act relative to keeping open said office. By: