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254769
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t99Z MAR '9 AH 9: 5'
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DECLARATION OF CONDITIONS, COVENANTS,
EASEMENTS AND RESTRICTIONS
FOR
DAVENPORT GLEN
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THIS DECLARATION is made this' 9- day of ~t1c..\-\ , 1992, b~
WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general
partnership, whose address is 1301 Winter Springs Boulevard,
Winter Spr ings, Flor ida 32708, which 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, restrictions, easements, charges and liens
hereinafter set forth.
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The following words when used in this Declaration (unless
the context shall prohibit) shall have the following meanings:
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ARTICLE I.
DEFINITIONS
1. "Assessment" means and refers to a share of tLe
funds required for paymen~ of the expenses of the
Association, which funds shall be assessed against a Lot
Owner from time to time.
2. "Association" means and refers to DAVENPORT GLEN
HOMEOWNERS' ASSOCIATION, INC., a Florida corporation not for
profit, which is to be incorporated.
3. "Board of Directors" means and refers to the board
of directors of the Association.
4. "Builder" means and refers to a person or ent i ty
which purchases and owns a Lot in order to construct a
residence for sale to a third party, and is not constructing
such residence for his or its own use.
5. "Common Area" means and refers to all real
property (including the improvements thereto) and all
personal property owned by the Association and tracts of
land, if any, shown or drawn on the Plat as owned or to be
owned by the Association for the common use, enjoyment and
benefit of the Owners and 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, retention areas, masonry walls,
walkways, entrance markers, signs, and street lights, if
any, but excluding any public ut ili ty installations
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11. "Institutional Lender" cOCt11HO\!!q~tfbtional
Mortgagee" mea!ls and refers to a bank, savings and loan
association, 1nsurance company, mortgage company, real
estate investment trust, pension fund, pension trust, or any
other generally recognized institutional-type lender or its
loan correspondent, the Federal Home Loan Mortgage
Corporation (FHLMC), the Federal National Mortgage
Association (FNMA), the Federal Housing Administration (FHA)
or the Veteran's Administration (VA).
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12. "Lot" means and refers to any Lot on the Plat of
portions of the Properties, which Plat is designated by the
Developer hereby or by any other recorded instrument to be
subject to these covenants and restr ictions (and to the
extent the Developer is not the Owner thereof, then
designated by the Developer and 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
thereof, then such declaration shall be made by the
Developer and joined by the Owner thereof.
13. "Member" means and refers to all those Owners who
are Members of the Association as provided in Article III
hereof.
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14. "Owner" means and refers to the record owner,
whether one or more persons or entities, of the fee simple
title to any Lot situated upon the Properties.
15. "Plat" means and refers to the plat of DAVENPORT
GLEN, as recorded in Plat Book +'5 , Pages \~ \9 and 2..0,
Public Records of Seminole County, F10r ida ,kogether wi th
any plat of additional land made subject to this Declaration
and to the jurisdiction of the Association.
16. "Properties" means and refers to all of the
properties as described in Article II, Section A of this
Declaration, and additions thereto, as are now or hereafter
made subject to this Declaration and to the jurisdiction of
the Association, except such as are withdrawn from the
provisions hereof in accordance wi th the procedures
hereinafter set forth.
17. "Residence" means and refers to any residential
building constructed on a Lot.
18. "Tract A" means and refers to that certain parcel
shown as Tract A on the plat of DAVENPORT GLEN, accordin~ to
the plat thereof recorded in Plat Book {~, Pages~ \9~~
inclusive, Public Records of Seminole County, Florida}
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thereon. The Common Area to be 8~~mP~Ceh'LAssociation for
the common use and enjoyment of the Owners at the time of
conveyance of the first Lot is Tract "A" (as hereinafter
def ined) .
6. "Declaration" means and refers to this Declaration
of Conditions, Covenants, Easements, and Restr ictions for
Davenport Glen as recorded in the Public Records of Seminole
County, Florida, and as the same may be amended from time to
time.
7. "Developer" means and refers to Winter Springs
Development Joint Venture, a Flor ida general partnership,
and its successors and assigns by virtue of such written
instruments assigning the rights and obligations of
Developer hereunder which are recorded in the Public Records
of Seminole County, Florida. Upon recordation of any such
assignment, the initial Developer shall be released and
absolved from any obligations on the part of the Developer
as may arise by or through this Declaration. A Lot
purchaser, Lot Owner or Lot mortgagee shall not be deemed to
be the Developer by the mere act of purchase or mortgage of
a Lot.
8. "Drainage Easements" means and refers to the
drainage easements declared and reserved on the Plat.
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9. "Communi ty Wall II means and refers to any wall or
similar structure from time to time situated on the ten (10)
foot landscape and wall easement (the "Landscape and Wall
Easement") as shown on the Plat along Winter Springs
Boulevard and Northern Way, located on or adjacent to the
Properties, together with any footings, related equipment,
lighting, signage, entryway features, landscaping (including
any wiring and irrigation system) and other appurtenances.
10. "Enti tIed To Vote" means and refers to that Lot
Owner who shall cast a vote for a Lot at an Association
meeting. If more than one person or legal entity shall own
any Lot, the Owners thereof shall determine among themselves
who shall be the Member Entitled To Vote. Said determina-
tion shall be manifested upon a voting certificate, signed
by all Owners of said Lot, and given to the Association
Secretary for placement in the Association records.
Notwi thstanding anything contained herein to the contrary,
all Lot Owners whether Entitled To Vote or not are assured
of all other privileges, rights, and obligations of
Association membership and shall be Members of the
Association. In no event shall any mortgagee or other party
holding any type of security interest in a Lot or the
Residence constructed thereon be Entitled To Vote for
purposes hereof, unless and until any of said parties obtain
or receive fee simple title to such Lot.
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SEHltlOlE co. FL.
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ARTICLE II.
PROPERTY SUBJECT TO THIS DECLARATION:
ADDITIONS THERETO
Section A. 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 DAVENPORT GLEN, according to the plat thereof, as
recorded in Plat Book~, page\~~Xbf the Public Records
of Seminole County, Flor1da.
all of which real property, and all additions thereto, is herein
referred to collectively as the "Properties".
Section B. Supplements. Developer may from time to time
bring other land under the prov1s1ons 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 but
proposed to be added to the Properties, in which case the Owner
thereof shall join in the applicable supplemental declaration)
and thereby add to and include additional land as part of the
Properties. To the extent that additional real property shall be
made a part of the Properties ap a common scheme, reference
herein to the Properties should be deemed to be a reference to
all of such additional property where such reference is intended
to include property other than that legally descr ibed above.
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 the Developer
from rezoning and/or 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 wr i ting if requested to do so by the
Developer at any time.
ARTICLE III.
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section A. 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 A, any such person or
entity who holds such interest merely as security for the
performance of an obligation shall not be a Member of the
Association. Membership in the Association shall be appurtenant
to each Lot and may not be separated from ownership of said
Lot. The record title holder to each Lot shall automatically
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become a Member of the Association and shall be SJJiJU~~~ cgf F~.ll
rights and privileges thereof upon presentation of a photostati-
cally or otherwise reproduced copy of said Owner's deed to the
Association Secretary for placement in the records of the
Association. To the extent that said deed shall pass title to a
new Lot Owner from an existing Lot Owner, membership in the
Association shall be transferred from the existing Lot Owner to
the new Lot Owner. In no event shall any mortgagee or other
party holding any type of secur i ty interest in a Lot or the
Residence constructed thereon be a Member of the Association
unless and until any of said parties obtain or receive fee simple
title to such Lot.
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Section B. Voting Rights. The Association shall have two
(2) classes of voting membership:
Class A. Class A Membership shall be all those Owners
as defined in Section A with the exception of 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 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 A. When more than one person holds
such interest or interests in any Lot, all such persons
shall be Members, but the vote for such Lot shall be
exercised only by that one person who is Entitled To Vote.
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 Developer.
The Class B Member shall be entitled to seventy-five (75)
votes for each Lot owned by the Class B Member. The Class B
membership shall cease and terminate: (i) at such time as
the Class B Member no longer owns any Lots within the
Properties, or (ii) sooner at the election of the Developer,
whereupon the Class A Members shall be obligated to elect
the Board of Directors and assume control of the
Association. Upon termination of the Class B membership as
provided for herein, the Class B membership shall convert to
Class A membership with voting strength as set forth above
for Class A membership.
Notwi thstanding anything herein or in the Articles of
Incorporation or the Bylaws of the Association to the
contrary, so long as Developer or its successor or assignee
as the Class B Member, the Developer shall have the right to
appoint, reappoint, remove and replace the members of the
Board of Directors of the Association (other than the Class
A Directors) at such time and from time to time as may be
desired by the Developer, in the sole and absolute
discretion of the Developer, upon wr i tten notice to the
Secretary of the Association.
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Section C. Special Class A Voting Rights.SF,~RR~t~~loing
the foregoing provisions of Section B above, a'E such time as
thirty-five (35) Lots with finished Residences have been conveyed
to third party purchasers, the Class A members of the Association
shall, by majority vote among themselves, have the right to elect
the number of directors required to equal twenty percent (20%) of
the total number of directors on the Board of Directors of the
Association at any meeting of the members at which directors are
to be elected. In the event twenty percent (20%) of the total
number of directors is equal to any fractional number, the number
of directors to be elected pursuant to this special Class A
voting right shall be rounded to the next higher or whole
number. In no event shall the Class A members be entitled to
elect more than twenty percent (20%) of the total number of
directors, adjusted for any fractional number as hereinabove
provided, pursuant to the provisions of this special Class A
voting right; it being specifically provided that the remaining
vacancies on the Board of Directors of the Association shall be
elected by the Class B members of the Association. This special
Class A voting right shall cease, terminate and expire
simultaneously with the cessation and termination of Class B
membership as hereinabove provided.
Section D. General Matters. When reference is made herein,
or in the Articles of Incorporation, Bylaws, Rules and
Regulations, management contracts or otherwise, to a majority or
specific percentage of Members, suah reference shall be deemed to
be reference to a majority or specific percentage of the votes of
Members Entitled To Vote and not of the Members themselves.
ARTICLE IV.
PROPERTY RIGHTS IN THE COMMON AREAS; OTHER EASEMENTS
Section A. Members Easements. Each Member, and each
tenant, agent and invitee of such Member or tenant, shall have a
nonexclusive permanent and perpetual easement over and upon the
Common Area 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
rights of use and enjoyment are hereby made
following:
foregoing, such
subject to the
1. The right and duty of the Association to levy
Assessments against each Lot for the purpose of maintaining
the Common Area 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;
2. The right of the Association to suspend the
Owner's voting rights for any period during which any
Assessment against his Lot remains unpaid; and for a period
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not to exceed si~ty (60) days for any i~f!eR~rot~e6.~~fully
adopted and publ1shed rules and regulat10ns;
3. 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 Lots and Common Area and all
facilities at any time situated thereon, including the right
to fine Members as hereinafter provided. Any rule and/or
regulation so adopted shall apply until rescinded or
modified as if originally set forth at length in this
Declaration; and
4. The right to the use and enjoyment of the Common
Area 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.
Section B. Easements Appurtenant. The easements provided
in Section A shall be appurtenant to and shall pass with the
title to each Lot.
Section C. Maintenance. The Association shall at all times
maintain in good repair and manage, operate and insure, and shall
replace as required, the Common Area and the Community Wall,
together with the paving, drainage structures, masonry walls,
lighting fixtures and appurtenapces, landscaping, sprinkler
systems, entrance markers, signs, improvements and other
structures installed by the Developer or the Association situated
on the Common Area and the Landscape and Wall Easement, if any,
with all such work to be done as ordered by the Board of
Directors of the Association. In order to maintain, manage and
operate the Common Area, the Community Wall and the Landscape and
Wall Easement and such appurtenances as are described above, the
Association shall have the right and authority to enter into such
contracts or agreements as the Board of Directors of the
Association deem appropr iate, including wi thout limi tation
entering into any agreements providing for the Association's
payment of its fair share of the maintenance and repair costs of
any adjacent property used for the drainage of stormwater from
the Properties or for purposes otherwise benefiting the
Properties as determined by the Board of Directors. Further,
Developer may enter into agreements with the City of Winter
Springs, Florida, with respect to any of the foregoing.
Maintenance of the aforesaid 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
the City of Winter Springs of any kind with respect to the Common
Area and Community Wall and shall indemnify and hold the
Developer harmless with respect thereto.
The Owner shall be responsible for the maintenance,
replacement, and repair of all walls, gates, paving, structures
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and improvements located on his Lot, <99ttt~OLB:6aJlFL. those
specifically provided to be maintained by the Association.
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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. No Owner may waive or otherwise escape liability for
Assessments by non-use of the Common Area or Lots or abandonment
of the right to use the Common Area.
Section D. Utility Easements. The Association shall have
the right to grant permits, licenses, and easements over the
Common Area, except for any portion of the Common Area dedicated
to the City of winter Springs, Florida, for utilities, roads, and
other purposes reasonably necessary or useful for the proper
maintenance or operation of the Properties. In addition,
easements over, upon, under, through and across the Common Area
are reserved to the Association and the Developer, and may be
declared from time to time by the Developer during any period
that the Developer shall own at least one (1) Lot, for such
further utility, egress, ingress, or drainage easements over and
across the Properties as may be required from time to time to
serve any other or additional lands during the course of
development of same, whether such additional lands become subject
to the jurisdiction of the Association and part of the Properties
or not. Regarding any easement. declared by the Developer, the
joinder of the Association or ~ny Lot Owner or Lot Owner's
mortgagee shall not be required.
Section E. Drainage Easements. Drainage Easements have
been declared and reserved as shown on and created by the Plat.
Each Owner of any Lot encumbered by a Drainage Easement upon
which a drainage swale is located shall be solely responsible for
the repair, replacement, and maintenance of such drainage
swale. Alteration, obstruction or removal of any drainage swales
or drainage control facilities or structures is expressly
prohibited. In the event any Owner fails to repair, replace and
maintain any drainage swales, or alters or obstructs any piping,
drainage swales, facilities or structures, the Association may
repair, replace and maintain such drainage swales, facilities and
structures and assess such Owner for the costs and expenses
incurred in order to accomplish the foregoing. Each Owner hereby
grants an easement and license to the Developer and the
Association over, upon and across such Owner's Lot in order to
facilitate and accomplish the foregoing. Further, no Owner shall
place, erect or construct any improvements or otherwise permi t
anything to occur within any Drainage Easement area which would
in any way effect said Drainage Easement or any swale, pipe or
drainage control facility or structure located therein or
thereon, unless, in the event of construction of any
improvements, such improvements have been approved by Developer
or the ARB (as hereinafter defined).
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SE~m-lOLE co. FL.
Section F. Ownership. As shown on the Plat, the Common
Area is hereby dedicated non-exclusively to the joint and several
use, in common, of the Owners of all Lots that may from time to
time constitute part of the Properties and such Owners' tenants,
guests and invitees. The Common Area 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 sooner at the sole election of the Developer), be
conveyed to the Association, which shall accept such convey-
ance. Beginning on the date this Declaration is recorded, the
Association shall be responsible for the maintenance of the
Common Area (whether or not then conveyed or to be conveyed to
the Association) and the Community Wall, such maintenance to be
performed in a continuous and satisfactory manner. It is
intended that all real estate taxes, if any, assessed against
that portion of the Common Area owned or to be owned by the
Association shall be proportionally assessed against and payable
as part of the taxes of the Lots within the Properties. However,
in the event that, notwithstanding the foregoing, any such taxes
are assessed directly against the Common Area, 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 this Declaration is
recorded.
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The Common Area cannot be mortgaged without the approval of
two-thirds (2/3) of each class of Members voting at an annual or
special meeting of the membership of the Association.
Section G. Developer Offices. Notwithstanding anything
herein to the contrary, but subject to approval by the City of
Winter Springs if required by its laws and ordinances, the
Developer shall have the specific right to maintain upon any
portion of the Properties sales, administrative, construction or
other offices without charge, and appropriate easements of access
and use are expressly reserved unto the Developer and its
successors, assigns, employees and contractors, for this
purpose.
Section H. Flor ida Power Easement. Each Owner, upon its
acceptance of a deed or other instrument of conveyance for any
Lot, acknowledges and accepts the existence of that certain
easement in favor of Flor ida Power Corporation, as recorded in
Deed Book 201, Page 231, and re-recorded in Official Records Book
304, Page 215, all of the Public Records of Seminole County,
Florida (the "Florida Power Easement"), and further acknowledges
and accepts that the Florida Power Easement restricts the use of
Lots 8, 9, 10, 15, 16, 21, 22, 27, 28, 29, 30, 36, 37, 38, 46 and
47 as shown on the Plat. Particularly, but not by way of
limitation, the Florida Power Easement prohibits the growth of
trees and the construction of any building or structures, other
than fence and crossroads, wi thin the easement area encumbered
thereby. In addition, no portion of the lands encumbered by the
Florida Power Easement area shall be used in violation of any of
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the guidelines set forth by Florida Power Corp6ENtii~COoEluding,
but not limited to, the following, which may be revised from time
to time:
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(a) Fencing, with a gate, may be permitted, subject to
access by Flor ida Power Corporation's access requi rements.
A clear and unencumbered passageway for patrol and
maintenance vehicles must be maintained.
(b) Ornamental trees and shrubs may be permitted
subject to a maximum height limitation. Only species with a
mature maximum height of 15 feet will be allowed.
(c) Excavation, grading, fill, drainage, and retention
may be permitted, subject to requirements for control
established by Florida Power Corporation.
(d) Vehicle parking may be permitted, provided the
following restrictions are observed:
(l) No parking will be permi tted wi thin 25 feet
of the above-ground portions of any transmission
structure or supporting facility.
(2) A restricted area protected by suitable
protective barriers shall extend around the above-
ground portion of any transmission tower, pole or guy
facility.
(3) Parking facilities will be so arranged as to
provide unobstructed access within the right of way to
all transmission facilities.
(4) Vehicles shall be motor vehicles of an
operative and transient nature: house trailers or
carriers of explosive materials are prohibited.
(e) Storage of
permitted, subject to
location limitations
Corporation. Storage
will not be permitted.
equipment and materials may be
the nature, maximum heights, and
established by Florida Power
of flammable or explosive materials
(f) Recreational uses may be allowed, subject to,
among other things, their location in relation to Flor ida
Power Corporation facilities.
(g) Because of safety and line maintenance
requirements, the following utilizations are not permitted:
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SEt"INOLE co. FL.
(1) Buildings
(2) Swimming pools
(3) Signs
(4) Trees with a mature height over 15 feet
(5) Dumpsters
(6) Septic tanks
(7) Any item, plant or structure exceeding 15
feet in height.
ARTICLE V.
COMMUNITY WALL AND LANDSCAPE AND WALL EASEMENT
Section A. Community Wall and Landscape and
Easement. The Developer intends to erect and construct
Community Wall within the ten (10) foot Landscape and
Easement as shown on the Plat.
Wall
the
Wall
Section B. Maintenance of Community Wall and Landscape and
Wall Easement. The Association shall be responsible for the
maintenance of the Community Wall after completion by the
Developer. The Developer and the Association shall have the
right, but not the obligation, to install and plant such
landscaping and related facilities, including without limitation
sprinkler systems, within the Landscape and Wall Easement as they
may desire. In the event that the Developer or the Association
installs any landscaping and related facilities within the
Landscaping and Wall Easement, the Developer and the Association
shall have the right, but not the obligation, to maintain and
replace such landscaping and related facilities. No Owner shall
do or permit any damage to the Community Wall and any landscaping
and related facilities installed or planted by the Developer or
the Association within the Landscaping and Wall Easement and in
the event any Owner, Owner's guest, licensee, permittees or
invitees causes any such damage, the Association may assess such
Owner for any and all costs and expenses incurred by the
Association to repair such damage.
Section C. Easement for Maintenance of Communi ty Wall and
Landscape Easement. There is hereby created, declared, granted
and reserved for the benefit of the Developer and the Association
an easement over, upon and across all Landscape and Wall Easement
areas shown on the Plat together with an easement and license to
enter upon such Landscape and Wall Easement area for the purpose
of installing, erecting, constructing, maintaining, repairing,
replacing and inspecting the Community Wall and related amenities
and structures and for planting, maintaining and replacing the
landscaping located within the Landscape and Wall Easement.
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Further, the Developer hereby declares a~EPRNat~eO~PE. encumbered
by the Landscape and Wall Easement an easement and l1cense over,
upon and across such Lot to the Developer and the Association in
order to accomplish the foregoing. Nothing contained herein,
however, shall obligate the Developer to plant, install or
maintain any landscaping or related amenities upon the Landscape
and Wall Easement.
ARTICLE VI.
ASSOCIATION-COVENANT
FOR MAINTENANCE ASSESSMENTS
Section A. Creation of the Lien and Personal Obligations of
the Assessments. Except as provided elsewhere herein, the
Developer (and each party joining in this Declaration or in any
supplemental declaration), for all Lots within the Properties,
hereby 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 and other properties that may be
otherwise used for the benefit of the Properties as provided
elsewhere herein, including such reasonable reserves as the
Association may deem necessary, capital improvement Assessments,
as provided elsewhere herein. and all other charges and
Assessments hereinafter referred ~o, 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 provided, 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
hereinafter 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. 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
jur isdiction equally. Reference herein to Assessments shall be
understood to include reference to any and all of said charges
whether or not specifically mentioned.
Section B. Purpose of Assessments. The regular Assessments
levied by the Association shall be use exclusively for
maintenance, repair, renovation, and construction upon the Common
Areas, the maintenance and repair of the Community Wall and entry
features, and the maintenance and repair of such other properties
as may be used for the benefit of the Properties, as specifically
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0522
provided herein, ~~ea[~~tQvements, reserves, operating costs
of the Association and to promote the health, safety, welfare and
aesthetics of the Members of the Association and their families
residing with them, their guests and tenants, all as provided for
herein.
1. Reserves for Replacement. The Association shall
be required to establish and maintain an adequate reserve
fund for the periodic maintenance, repair, and replacement
of improvements to the Common Area, and the Community
Wall. The reserve fund shall be maintained from annual
Assessments.
2. Working Capital. Upon the closing of the sale or
the occupation of a Residence, the buyer (or Owner) of such
Residence shall pay to the Association an amount equal to
one-sixth (1/6) of the annual assessment of the Association
for such Lot, which amount shall be maintained in an account
by the Association as working capital for the use and
benef i t of the Association. Said amount shall not be
considered as advance payment of annual Assessments.
Section C. Maximum Annual Assessment. Until January 1 of
the year immediately following the conveyance of the first Lot ..to
an Owner, the maximum annual assessment shall be ~C ~~~t)~1)
t=\ Ft'f . AND NO/lOO DOLLARS ($flSU,tlO ) per Lot.
\
1. From and after January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the
maximum annual assessment may be increased each year, upon
approval by a majority of the Board of Directors without a
vote of the Membership, by an amount not greater than
fifteen percent (15%) above the maximum assessment for the
previous year.
2. From and after January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the
maximum annual assessment may be increased by an amount
greater than fifteen percent (15%) above the maximum
assessment for the pervious year, as hereinabove provided,
upon approval of two-thirds (2/3) of the members of the
Board of Directors of the Association without a vote of the
Membership.
3. The Board of Di rectors may fix the annual
assessment at an amount not in excess of the maximum.
Section D. Specific Damage. Owners (on their behalf and on
behalf of their children, invitees, tenants and guests) causing
damage to any portion of the Common Area, the Community Wall or
any landscaping and related facilities installed by the Developer
or the Association upon the Landscape and Wall Easement as a
resul t of misuse, negligence, failure to maintain or otherwise
shall be directly liable to the Association, and a special
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SEMINOLE CO. FL.
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 Assessments, including, but
not limited to, the lien and foreclosure procedures.
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Section E. Exterior Maintenance. The Owner of each Lot
shall maintain the exterior of the Residence and the 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 thirty (30) days' written
notice sent to his last known address, or to the address of the
subject premises, perform such reasonable maintenance and make
such repairs as may be required to restore the neat and
attractive appearance of the Lot and the exterior of the
Residence located thereon. The cost of any of the work performed
by the Association upon the Owner I s failure to do so shall be
immediately due and owing from the Owner of the Lot and shall
constitute 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 F. 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
maintenance) relating to the Comm9n Area under the jurisdiction
of the Association or other properties used for the benefit of
the Properties 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
Association and upon approval by two-thirds (2/3) favorable vote
of each class of the Members of the Association voting at a
meeting or by ballot as may be provided in the Bylaws of the
Association.
Section G. 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
by one (1) annual payment, or by monthly, quarterly or biannual
installments in the discretion of the Board of Directors of the
Association. At the time of the closing of the sale of any Lot
upon which a Residence has been constructed by Developer or any
Builder, the purchaser thereof shall pay to the Association an
amount equal to the annual Assessment multiplied by a fraction,
the numerator of which is the number of days remaining in the
year of closing (including the date of closing) and the
denominator of which is 365. The due date of any special
Assessment shall be fixed in the Board resolution author izing
such assessment.
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SEMINOLE CO. FL.
Section H. 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 jur isdiction for each assessment per iod, 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 pr ior to
payment of the first installment thereof, except as to emergency
Assessments. Subject to other provisions hereof, the 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
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 may charge a
reasonable fee for such certificate. The Association, through
the action of its Board of Directors, shall have the power, but
not the obligation, 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
or for other services beneficial to the Association or the proper
operation and maintenance of the Properties. The Association
shall have all other powers provided elsewhere herein, in its
Articles of Incorporation and its aylaws.
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Section I. Effect of Non-Payment of Assessment; the
Personal Obligation; the Lien; Remedies of the Association. If
the Assessments (or installments), whether general or special,
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 wi th 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. Each Assessment against a Lot shall also be the
personal obligation of the Owner at the time the Assessment fell
due.
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 FIFTY AND NO/lOO
DOLLARS ($ 50.00) may be imposed 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 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.
In any such action or actions, the Association shall also have
the right to recover its attorneys' fees (including paralegal
fees) and costs, whether incurred before trial, at trial and upon
all appellate levels.
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In addition to the rights oSj:HI~!-fe~.i€k. 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 Area 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 J of this
Article.
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It shall be the legal right of the Association 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.
Section J. 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 first mortgage to any
Institutional Lender and which is now or hereafter placed upon
any property subject to Assessment; provided, 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 foreclosure (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 foreclosure) took place.
Section K. Collection of Assessments. The Association
shall collect the Assessments of the Association.
Section L. Effect on Developer. Notwithstanding any
provision that may be contained to the contrary in this
Declaration, or the Articles of Incorporation or Bylaws of the
Association, for as long as Developer or its successor or
assignee, from time to time, is the Owner of any Lot, the
Developer shall be liable for the full Assessments against each
Lot so owned; provided, however, the Developer, in its sole
discretion, may elect, in lieu of payment of such Assessments, to
pay the amount of any deficits incurred by the Association for
expenses incurred in excess of the amounts collected as
Assessments from the other Lot Owners. 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
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SEI1/NOLE co. Fl.
for funding any deficits of the
payment of Assessments or
Association.
Section M. 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 bear ing
accounts or in certificates of deposit or other like instruments
or accounts available at banks or savings and loan institutions
the deposi ts of which are insured by an agency of the Uni ted
States.
ARTICLE VII.
CERTAIN RULES AND REGULATIONS
Section A. Applicabili ty. 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 B. Land Use and Building Type. No Lot shall be
used except for residential purposes. No building constructed on
a Lot shall be used except for residential purposes. No
business, commercial, industr ial, trade, professional or other
non-residential activity or use of any nature or kind shall be
conducted on any Lot. No building shall be erected, altered,
placed or permitted to remain ,on any Lot other than one
Residence. Temporary uses by Developer for model homes, sales
displays, parking lots, sales offices, construction 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 Review Board as provided herein.
Section C. Opening Blank Walls; Removing Fences. No Owner
shall make or permit any opening to be made in any Developer or
Association erected blank wall, or masonry wall or fence, except
as such opening is installed by Developer. No such building wall
or masonry wall or fence shall be demolished or removed without
the pr ior wr i tten consent of the Owner of the adjoining Lot,
Developer and the Archi tectural Review Board. Developer shall
have the right but shall not be obligated to assign all or any
portion of its rights and privileges under this Section to the
Association.
Section D. Easements. Easements for installation,
replacement, connection to, disconnection from, and maintenance
of utilities are reserved as shown on the recorded Plats covering
the Properties and as provided herein. Wi thin 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, unless said structure, planting or
other material has been so placed by the Developer or the
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Asso7iation or h~s been seEt~~~!<tO~FE!t the permission of the
Arch~tectural Rev~ew Board. 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
author i ty or utili ty company is responsible. The appropr iate
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, replacement, connection to, disconnection from, 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 and drainage
easements, as the case may be, as shown on the Plats. Developer
and its designees, successors and assigns, shall have a perpetual
easement for the installation and maintenance of cable, radio,
television and security lines within utility easement areas shown
on the Plat. All utility lines within the Properties, whether in
street rights-of-way or utility easements, shall be installed and
maintained underground.
Section E. Nuisances. No noxious, offensive or unlawful
activity shall be carried on upon or about the Properties, nor
shall anything be done thereon which may be or may become an
annoyance or nuisance to other Owners.
Section F. Temporary and Oth~r Structures. No structure of
a temporary character, or storage shed, utility shed or similar
structure, green house, trailer, tent, mobile home, motor home,
or recreational vehicle, shall be permitted on the Properties at
any time or used at any time as a residence, either temporarily
or permanently, except by the Developer during construction. No
gas tank, gas container or gas cylinder shall be permitted to be
placed on or about the outside of any Residence or on or about
any ancillary building, unless approved by the Architectural
Review Board, and if approved must be buried or screened and
enclosed by a structure approved by the Archi tectural Review
Board.
Section G. Signs. No sign of any kind shall be displayed
to the public view on the Properties, except any sign used by the
Developer to advertise the company or builder, project, sales or
other matters 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 Area, nor on dedicated areas, if any, nor on
entryways or any vehicles within the Properties, except such as
are placed by the Developer. Provided, however, one (1)
discreet, professionally prepared "For Sale" sign of not more
than three (3) square feet may be placed on the street side of
the Lot, subject to prior approval by the Architectural Review
Board.
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SEr'1INOLE co. FL.
Section H. Oil and Mining Operation. No oil drilling, oil
development operations, oil refining, quarrying or .mining
operations of any kind shall be permitted upon or 1n the
Properties, nor on dedicated areas, nor shall oil wells, tanks,
tunnels, mineral excavation or shafts be permitted upon or in the
Properties. 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 I. Animals and Pets. No reptiles, livestock,
poultry or animals of any kind, nature or description shall be
kept, bred or raised upon the Properties, except for dogs, cats,
birds or other usual or customary household pets which may be
kept, raised and maintained upon the Properties, provided that
the same are not kept, raised or maintained thereon for business
or commercial purposes or in number deemed unreasonable by the
Developer or the Association, in the exercise of their reasonable
discretion. Numbers in excess of two (2) of each type of
household pet (other than aquarium-kept fish) shall prima facia
be considered unreasonable. Notwi thstanding the foregoing, no
such reptiles, animals, birds or other pets may be kept, raised
or maintained on the Properties under circumstances, which, in
the good faith judgment of the Developer or the Association,
shall constitute an unreasonable. annoyance, hazard, or nuisance
to residents in the vicinity or an unreasonable interference with
the comfortable and quiet use, occupation and enjoyment of other
Lots or portions of the Properties.
Section J. Architectural Control. No building, addition,
wall, addition, fence or other structure or improvement of any
nature or kind (including mailboxes, landscaping and exterior
paint and finish) shall be erected, placed or altered on any Lot
until the construction plans and specifications and a plan
showing the location of the structure and landscaping, or
composition of the materials used therefor, as may be required by
the Architectural Review Board (sometimes referred to herein as
the "ARB") have been approved in writing by the Architectural
Review Board named below and all necessary governmental permits
are obtained. Each building, addi t ion, wall, fence, mailbox or
other structure or improvement of any nature, together with the
landscaping, shall be erected, placed or altered upon the
premises only in accordance with the plans and specifications and
plot plan so approved and applicable governmental permits and
requirements. The Archi tectural Review Board shall have the
right, in its sole and absolute discretion, to refuse approval of
plans, specifications and plot plans, or any of them, based on
any ground, including purely aesthetic grounds. Any change in
the exterior appearance of any building, wall, fence, mailbox or
other structure or improvements, and any change in the appearance
of the landscaping, shall be deemed an alteration requiring
approval. The Architectural Review Board shall have the power to
promulgate such rules and regulations as it deems necessary to
carry out the provisions and intent of this Section.
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0529
So long as the DevelopiltiH~C(}lIfj.. Lots in the Properties,
the ARB shall be appointed by the Developer. Thereafter, the
Architectural Review Board shall be a committee composed of or
appointed by the Board of Directors of the Association. During
the period in which the Developer appoints the membership of the
ARB, the ARB shall have three (3) members. At such time as the
Board of Directors appoints the ARB members, the ARB shall have
any number of members, but never less than three (3), as deemed
appropriate by the Board of Directors.
The address of the Architectural Review Board shall be the
address of the Developer or the Association, depending on which
party appoints its membership. The Board of Directors of the
Association and the ARB may employ personnel and consultants to
assist the ARB at the expense of the Association. The members of
the ARB shall not be entitled to any compensation for services
performed pursuant to this Declaration. The Architectural Review
Board shall act on submissions to it, or request further
information thereon, within fourteen (14) days after receipt of
the same (and all further documentation required) or else the
request shall be deemed approved. Without limiting the
generality of Section A hereof, the foregoing provisions
regarding ARB approval shall not be applicable to the Developer
or to construction activities conducted by the Developer.
Notwithstanding anything herein to the contrary, the ARB, in
its sole and absolute discretion, ~ay grant a variance as to any
of the restrictions, condi tions and requirements set forth in
this Article so long as, in the judgment of the ARB, the
noncompliance for which the var iance is granted is not of a
substantial nature and the granting of the variance shall not
unreasonably detract from the use and enjoyment of adjoining Lots
and the Properties. In no event shall the granting of a variance
in one instance require the ARB to grant a similar or other type
of variance in any other instance, it being understood that the
granting of variances from the restrictions, conditions and
requirements of this Article shall be in the sole and absolute
discretion of the ARB.
The Architectural Review Board and any and all officers,
directors, employees, agents and Members of the Association shall
not, ei ther jointly or severally, be liable or accountable in
damages or otherwise to any Owner or other person or party
whomsoever, by reason of or on account of any decision, approval
or disapproval of any plans, specif ications or other mater ials
required to be submitted for review and approval pursuant to
provisions of this Section of this Declaration, or for any
mistake in judgment, negligence, misfeasance, or nonfeasance
related to or in connection with any such decision, approval or
disapproval, and each Owner by acquir ing ti tIe to any Lot or
interest therein, shall be deemed to have agreed that he or it
shall not be entitled to and shall not bring any action,
proceeding or suit against such parties.
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0530
Section K. Exterior A ea n Landsca in. The
paint, coating, sta1n and other exter10r 1n1sh1ng colors on all
Residences and masonry walls may be maintained as that originally
installed, without pr ior approval of the Architectural Review
Board, but prior approval of the Architectural Review Board shall
be necessary before any such exterior finishing color is changed.
Section L. Commercial Trucks, Trailers, Cam ers and
Boats. With the except10n of non-commerc1al trucks w1th 3 4 ton
capacity or less, no trucks or commercial vehicles, or campers,
mobile homes, motorhomes, house trailers or trailers of every
other descr iption, recreational vehicles, 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,
unless same shall be parked or stored entirely within and fully
enclosed by a garage. This prohibition of parking shall not
apply to temporary parking or trucks and commercial vehicles,
such as for pick-up and delivery and other commercial services,
nor to non-commercial vans for personal use which are in
acceptable condition in the sole opinion of the Board of
Directors (which favorable opinion may be changed at any time),
nor to any vehicles of the Developer or those required by any
Builder dur ing construction on any Lot. No on-street parking
shall be permitted. In the event any provision of this covenant
is breached, the Developer or the Association may have said
truck, commercial vehicle, camper, mobile home, motorhome, house
trailer, other trailer, recreation~l vehicle, boat, boat trailer,
or horse trailer towed from the Properties at the Lot Owner's
sole cost and expense, and a special Assessment may be levied
therefor against such Owner.
Section M. Garbage and Trash Disposal. No garbage, refuse,
trash or rubbish shall be deposited except as permitted 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. All garbage and trash containers and their storage
areas and the like shall be kept within a garage, placed inside
an enclosure approved by the Architectural Review Board, or
behind opaque walls attached to and made a part of the Residence
on each Lot, and otherwise in conformity with applicable rules,
regulations and approvals. Such containers may not be placed out
for collection sooner than the night prior to scheduled
collection and must be removed within the night of collection.
Section N. Fences. No fence, wall or other similar
structure shall be erected on any Lot unless the materials
therefor and color thereof are in accordance with such standards
as may be adopted by the ARB and the location and dimensions
thereof are approved by the ARB. The ARB shall have the right to
adopt such standards as it deems advisable in regard to the
location and height of and colors and materials for any fences
installed wi thin the properties. In no event shall any wall or
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2 (.f 0 3
fence exceed six (6) feet in heightS.Ef111iltLf.tSQ. 9v.ent any walls or
fences abut the Community Wall or any other wall or fence
constructed by Developer, the top of the wall or fence installed
by the Lot Owner shall slope down to the top of the Community
Wall or Developer constructed wall or fence in a manner
acceptable to the ARB.
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0531
Section O. Mailboxes. No mailboxes or similar improvement
shall be installed on any Lot unless the location thereof has
been approved by the ARB and the materials therefor and color
thereof have been approved by the ARB and are in accordance with
such standards for materials and colors as may be adopted by the
ARB.
Section P. No Drying. To the extent lawful, no clothing,
laundry or wash shall be aired or dried on any portion of the
Properties which is visible from the adjacent Lots, or the
streets, or any other adjoining portion of the Properties.
Section Q. Unit Air Conditioners and Reflective
Materials. No air conditioning units may be mounted through
windows or walls or on any roof. Central air conditioning units
shall be screened from view by such walls and/or landscaping as
may be approved by the ARB. No building shall have any aluminum
foil placed in any window or glass door or any reflective
substance or other materials (except standard window treatments)
placed on any glass, except such as may be approved by the
Architectural Review Board for energy conservation purposes.
Section R. Exterior Antennas. No exterior antennas,
microwave antennas, satellite antennas, microwave dish, satellite
dish, transducers, or signal amplification systems for use in
connection with television or radio equipment or the like 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 antenna and radio,
television and security lines.
Section S. Chain Link Fences. No chain link fences shall
be permitted on any Lot or portion thereof, unless installed by
Developer during construction periods or around any retention or
detention areas as required by the City of Winter Springs.
Section T. Recreational Facilities. No tree houses, or
skate board or bicycle ramps shall be constructed or placed upon
the Properties. Basketball goals may be permi tted, subject to
the approval of the ARB as to the type of equipment to be
installed and the location thereof.
Section U. B'
shall be constructe ,
the property boundary
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2'~03
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0532
SEt1'r.101S
I." ~~~rfbC Lots. No closer than twenty (20) feet to
the front yard (street side) property boundary Tine; twenty
{20} feet to the rea~ yard property boundary line; and ~even
and on"El:'h::al!.. (7.5) feet to the side yard property boundary
-:tines on interior Lots.
2. Corner Lots. Notwithstanding the side yard
building setback lines established above, the side yard
building setback line on the ~ide ~ard of corner Lots (i.e.,
on the street side of a Lot whic is not the front of the
Residence constructed thereon) shall be twenty (20) feet to
the side yard property lines on the side(s) of the property
adjacent to street right of way.
3. Exclusions. Those improvements specified in
Section V below shall be excluded from the building setback
lines established in this Section U.
/
~ 1ir .2..0
I
((",~ ~ ~ Section V. Other Setback Lines. Improvements other than
'" j)~....?~h~ Residences on a Lot. shall be placed, located, erected,
~, cbnstructed or installed no closer to the property boundary lines
of a Lot, by type of improvement, as follows, to wit:
fl)1-AJ eIl.-:::; :2..0 ,.
~,J.r' 1. lswimming Pools~ No closer than the otherwise
establish a Sl.oe yard buIlding setback line and no closer
than ten (10) feet to any rear yard property boundary line
from the water's edge. ,No swimming pools shall be
constructed in front or side yards.
2. Swimmin Pool Decks No
swimming pool deck or patl., whether construc e of
concrete, cool deck, aggregate wood or any other mater ial
shall be constructed nearer than five (5) feet to any rear
yard property boundary line from the water's edge or nearer
than the side yard building setback as provided in Section U
above. A screen enclosure shall be constructed no closer
than seen and one-half (7.5) feet to any rear property line.
3. Outbuildings and Accessory Structures. All out
buildings and accessory structures shall be located within
the building setback lines otherwise established for the
Residence on any Lot unless otherwise approved in writing by
the Architectural Review Board.
Section w. Residence. Each Residence constructed on a Lot
shall have a minimum heating and cooled living area of One
Thousand Seven Hundred (1,700) square feet.
Section x. Roofs. The roofs of the main body of all
buildings and other structures, including the Residence, shall be
pitched. No flat roofs shall be permitted without the approval
of the Developer and the Architectural Review Board. The
Developer and Archi tectural Review Board may, in thei r
discretion, approve flat roofs on part of the main body of a
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building if architecturallysg~G~eFwlth the remainder of the
roof structure, the particular building on which it is to be
constructed and all adjacent residences and other structures.
The pitch of all roofs shall be not less than six inches (6") in
twelve inches (12") (6/12 vertical/horizontal). All roofs shall
be constructed of clay, tile, cement tile, slate, fiberglass,
standing seam copper, cedar shake shingle, architectural shingle,
or other mater ials approved by the Archi tectural Review Board.
All roof colors must be approved by the Architectural Review
Board in its sole discretion. No pure white, pure black or pure
primary colored roofs shall be permitted.
Section Y. Landscaping. Each Lot shall be landscaped in
accordance with a landscape plan which is approved by the
Architectural Review Board. Prior to construction of any
Residence on a Lot, a landscape plan must be submitted to and
approved by the Architectural Review Board. Such landscape plan
shall reflect a minimum budget of three percent (3.0%) of the
construction cost of the Residence constructed on such Lot. Such
budget shall be for initial plant mater ials, trees and
installation, exclusive of the cost of sod and the required
underground irrigation system, unless the Architectural Review
Board, in consideration of the preservation and utilization of
certain existing trees, plants and vegetation shall approve a
budget in a lesser amount. All landscaping approved by the
Architectural Review Board shall be installed within thirty (30)
days after the completion of construction of the Residence on a
Lot as evidenced by the issuance of a certificate of occupancy
for such Residence.
Section Z. Grass. No type or var iety of grass other than
St. Augustine grass or a hybrid thereof shall be planted on any
Lot, and such grass shall be planted only in those areas where
specified on the landscape plan approved by the Archi tectural
Review Board. The planting of grass on each Lot shall be
accomplished by the installation of full sod covering the entire
area required to be grassed. Partial sodding, sprigging,
plugging or seeding shall not be permitted.
Section AA. Irrigation Systems. All landscaped and grassed
open areas on each Lot shall be irrigated by means of an
automatic underground irrigation or sprinkling system capable of
regularly and sufficiently watering all lawns and plantings
within such open areas. The plans and specifications for each
such irrigation or sprinkling system shall be included in and
submitted with and reviewed and approved by the Architectural
Review Board as part of the landscape plan required pursuant to
the provisions of Section Y of this Article. Such irrigation or
sprinkling system shall be installed prior to or simultaneously
wi th the implementation of the landscape plan approved by the
Archi tectural Review Board; but in any event wi thin the time
provided in Section Y of this Article for the installation of
landscaping.
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Section BB. Precedence Over Less S ernmental
Regulations. In those 1nstances where the covena nditions
and restrictions set forth in this Article set or establish
minimum standards in excess of the ordinances, regulations and
requirements of the City of Winter Springs and other applicable
government authorities, including without limitation, building
and zoning regulations, the covenants, conditions and
restrictions set forth in this Article shall take precedence and
prevail over any such less stringent ordinances, regulations and
requirements.
.
. .
Section CC. Solar Panels. Solar panels may only be
constructed on the roof of a Residence so as not to be visible
from the adjacent street (or configured so as to minimize visibly
in the case of corner Lots) and only after review and approval by
the ARB, in its sole and absolute discretion. The ARB reserves
the right to promulgate such performance standards and require-
ments as it may deem desirable in regard to the installation of
solar panels.
Section DO. Construction Time. Unless and otherwise
approved by the Archi tectural Review Board in wr i ting,
construction of Residences and other improvements must be
commenced not later than six (6) months from the date that the
Archi tectural Review Board issues its wr i tten approval of the
final plans and specifications therefor. If construction does
not commence wi thin such six (6) month per iod the plans and
specifications for any proposed construction must once again be
reviewed and approved by the Architectural Review Board in
accordance with the provisions of this Article and any pr ior
approval of the same by the Architectural Review Board shall no
longer be binding on the Archi tectural Review Board. Upon
commencement of construction, such construction shall be
prosecuted diligently, continuously and wi thout interruption to
completion within a reasonable time; but in no event more than
one (1) year from the date of the commencement of such
construction, however, the Architectural Review Board shall have
the power and authority to extend the period permitted for
construction, as aforesaid; provided that the Owner and general
contractor involved make written application for such extension
stating the reasons for the requested extension of time and
provided further that the Architectural Review Board, in the
exercise of its discretion, determines that the request is
reasonable and the extension is warranted.
Section EE. Additional Rules and Regulations. In addition
to the foregoing, the Association shall have the right, power and
authority, subject to the prior written consent and approval of
Developer, to promulgate and impose rules and regulations
governing and/or restricting the use of the Properties and Lots,
including wi thout limi tation rules and regulations relating to
the placement or installation of any type of improvement on any
Lot, and to thereafter change, modify, alter, amend, rescind and
augment any of the same; provided, however, that no rules and
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regulations so promulgated shallsEf.\UWuito ~nflict with the
provisions of this Declaration. Any sucfi rules and regulations
so promulgated by the Association shall be applicable to and
binding upon all the Properties and the Owner's thereof and their
successors and assigns, as well as all guests and invitees of and
all parties claiming by, through or under such Owners.
ARTICLE VIII.
ENFORCEMENT
Section A. Com~liance by Owners. Every Owner shall comply
with the terms, prov~sions, 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 B. Enforcement. The Developer, the Association,
the Association Board of Directors, the Architectural Review
Board, each Owner, the City of Winter Springs, Florida, or any
other party as provided herein shall have the right to enforce
this Declaration and the covenants, restrictions and provisions
hereof. Enforcement of this Declaration and the covenants,
restr ictions and provisions hereof may be accomplished by any
proceeding at law or in equity, including without limitation, an
action for damages and injunctive relief. The Association shall
have the right to suspend the voting rights and use of the Common
Area of any defaulting Owner. Failure to enforce any covenant,
restriction or provision hereof sqall not be deemed a waiver to
do so thereafter. The defaulting and/or offending Owner shall be
responsible for all costs incurred in enforcement of this
Declaration, including but not limited to, attorney, paralegal
and legal assistant fees, costs and expenses, related fees, costs
and expense, court costs and witness and expert fees and costs,
whether suit be brought or not, and whether in settlement, in any
declaratory action, at trial or on appeal.
Section C. Fines. In addi tion to all other remedies, in
the sole discretion of the Board of Directors of the Association,
a fine or fines may be imposed upon an Owner for failure of an
Owner, his family, guests, invitees, tenants, or employees to
comply with any term, provision, covenant, restriction, rule or
regulation contained herein or promulgated pursuant to this
Declaration, provided the following procedures are adhered to:
1. Notice: The Association shall notify the Owner of
the infraction or infractions. Included in the notice shall
be the date and time of the next Board of Directors meeting
at which time the Owner shall present reasons why a penalty
or penalties should not be imposed.
2. Hearing: The noncompliance shall be presented to
the Board after which time the Board of Directors shall hear
reasons why penal ties should not be imposed. A wr i t ten
decision of the Board of Directors shall be submitted to the
Owner no later than thirty (30) days after the Board of
Directors meeting.
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gb~!~CIAL RE'g~
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SEJ1:HOLE co. FL.
3. Penalties: The Board of Directors may impose
special assessments against the Lot or Lots owned by the
Owner as follows:
(i) First noncompliance or violation:
not in excess of One Hundred and NO/lOO
($100.00).
a fine
Dollars
(ii) Second noncompliance or violation:
not in excess of Five Hundred and NO/lOO
($500.00).
a fine
Dollars
(iii) Third and subsequent
violation or violations that are
nature: a fine not in excess of
NO/lOO Dollars ($1,000.00) for each
violation or non-compliance.
noncompliance, or
of a continuing
One Thousand and
week of continued
4. Payment of penalties: Fines shall be paid no
later than thirty (30) days after notice of the imposition
or assessment of the penalties. Any fines not paid within
such thirty (30) day period shall thereafter accrue interest
at the highest rate allowed by law until paid.
5. Collection of fines: Fines shall be treated as an
Assessment otherwise due to \ the Association, and as such
will be a lien against the Owner's Lot.
6. Application for penalties: All monies received
from fines shall be allocated as directed by the Board of
Directors.
7. Nonexclusive 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; however, any penalty paid by
the offending Owner shall be deducted from or offset against
any damages that the Association may otherwise be entitled
to recover by law from such Owner.
ARTICLE IX.
DRAINAGE SYSTEM
Section A. Water Management District Permit. The storm
water management system of the Properties is subject to the
jur isdiction of the St. Johns River Water Management Distr ict,
which has issued a permi t for the operation of such system in
conjunction with the storm water management system of the
residential development abutting the Properties known as
Carrington Woods. Said development has been platted as
CARRINGTON WOODS UNIT I, according to the plat thereof as
recorded in Plat Book 40, Page 98 and CARRINGTON WOODS UNIT II,
according to the plat thereof as recorded in Plat Book 42, Page
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36, all of the Public Records s<tfilfi~~@~~. County, Flor ida
("Carrington Woods").
Section B. Agreements Regarding Drainage System. Notwith-
standing anything herein to the contrary, the Board of Directors
of the Association shall have the right, in its sole discretion,
to authorize entering into agreements or contracts, according to
such terms and for such duration as it deems necessary, to
provide for the common maintenance of the storm water management
systems of the Properties and Carrington Woods. Such agreements
or contracts may include the acceptance of responsibility by the
Association for maintenance and repair of the drainage facilities
located on Tract A, CARRINGTON WOODS UNIT I and Tract A,
CARRINGTON WOODS UNIT II, subject to reimbursement by the
Carrington Woods Homeowners' Association, Inc. for its fair share
thereof, or, in the alternative, the reimbursement by the
Association of the Carrington Woods Homeowners' Association,
Inc., or another entity accepting responsibility for maintenance
of the storm water management systems for the Properties and
Carrington Woods, for its acceptance of responsibility for
maintenance of the storm water management system lying wi thin
Tract A of the Properties and within the other Drainage Easements
on the Properties. The Board of Directors shall have the right
to authorize an officer of the Association to grant such easement
rights over the Common Area and all Drainage Easement areas as
may be necessary for maintenance thereof in accordance with this
Article.
Section C. Specific Maintenance Responsibilities. The
Association shall own and maintain all retention ponds and
vertical volume recovery structures situated throughout the
Properties. Inlets to exfiltration systems must be inspected and
cleaned of debris and sediment on a quarterly basis in February,
May, August, and November of each year. If any piping or control
structure within the storm water management system becomes
clogged, maintenance measures must be taken to ensure the system
will function as designed. If maintenance measures prove
insufficient in the judgment of the st. Johns River Water
Management District, the Association shall apply for and obtain
St. Johns River Water Management District approval of an
alternate design that will perform the same function. In
accordance with Section B above, the Association shall have the
right to assign the foregoing maintenance responsibilities to
another enti ty which assumes responsibili ty for maintenance of
the storm water management systems for the Properties and for
Carrington Woods.
ARTICLE X.
GENERAL PROVISIONS
Section A. Municipal Service Taxing Units. Upon acceptance
of any deed or other instrument conveying title to any Lot, each
Owner thereof acknowledges that each such Lot is or may be
located in one or more municipal service taxing units (each is an
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MSTU) or the purpose 0 prov~d~ng street 19htlng or any ot er
purposes for which an MSTU may be established under Flor ida
law. Each Owner agrees to be subject to and bound by such MSTUs
and to pay all fees, charges, surcharges, levies and assessments,
in whatsoever nature or form, relating to said districts and/or
to the Owner's Lot. Further, each Owner agrees that it shall
cooperate fully with Developer or the Association in connection
with any efforts of Developer or the Association to include the
Properties in any MSTUs, and to execute any documents or
instruments which may be required to do so.
Section B. Insurance and Fidelity Bonds. The Association
shall obtain and maintain in effect casualty and liability
insurance and fidelity bond coverage in form and amount
substantially similar to that specified in the Federal National
Mortgage Association Lending Guide, Chapter Three, Part 5,
Insurance Requirements, as such requirements shall be amended
from time to time, or such similar insurance and fidelity bond
coverage as may be deemed advisable by the Board of Directors of
the Association.
Section C. 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
Developer, the Association, the Architectural Review Board and
the Owner of any land subject to this Declaration, and their
respective legal representatives, heirs, successors and assigns,
for a term of fifty (50) years from the date this Declaration is
recorded, after which time said 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 restr ictions. Provided, however, that no such
agreement to revoke shall be effective unless made and recorded
three (3) years in advance of the effective date of such
revocation, and unless written notice of the proposed agreement
is sent to every Owner at least ninety (90) days in advance of
any action taken.
Section D. 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 a Member or Owner on the records of the Association at
the time of such mailing.
Section E. 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.
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snW-!OLE co. FL.
Section F. Amendment. In addition to any other manner
herein provided for the amendment of this Declaration, the
covenants, restr ictions, easements, charges and liens of this
Declaration may be amended, changed or added to at any time and
from time to time upon the execution and recordation of an
instrument executed by the Developer alone, without the consent
of the Association, any Lot Owner or the holder of any mortgage
on a Lot, for so long as it holds title to any Lot affected by
this Declaration; or by an instrument signed by 66 2/3% of all
Lot Owners; or alternatively by approval at a meeting of Owners
holding not less than 66 2/3% vote of the membership in the
Association, provided, that so long as the Developer is the Owner
of any Lot affected by this Declaration, the Developer's consent
must be obtained if such amendment, in the sole opinion of the
Developer, affects its interest.
Section G. Effective Date. This Declaration shall become
effective upon its recordation in the Public Records of Seminole
County, Florida.
Section H. Withdrawal. Developer reserves the right to
amend this Declaration at any time, without pr ior 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 Properties
desired to be effected by the Developer and approved by the City
of Winter Springs.
Section I. Conflict. This Declaration
precedence over conflicting provisions in the
Incorporation and Bylaws of the Association and
shall take precedence over the Bylaws.
shall take
Articles of
the Articles
Section J. Standards for Consent, Ap~roval, Completion,
Other Action and Interpretation. Whenever thls Declaration shall
require the consent, approval, completion, substantial
completion, or other action by the Developer, the Association of
the Architectural Review Board, such consent, approval or action
may be withheld in the sole and absolute 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 Developer or the Association shall be deemed
completed or substantially completed when so determined, in the
discretion of the Developer or Association, as appropriate.
Section K. 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 capaci ty 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
- 30 -
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OFFICI~.L RECOR'
BOO~; PAGE
?tl03 0540
purpose of allowing the original &1fil;X rPF Wties to whom the
easements were originally intended- 'I e:l:1L~~~e been granted the
benefit of such easement and the Owners hereby designate 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 wi th
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.
e
. .
Section L. Covenants Running With The Land. ANYTHING TO
THE CONTRARY HEREIN NOTWITHSTANDING AND WITHOUT LIMITING THE
GENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION C 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 F 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 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 M. Dissolution of Association. In the event of a
permanent dissolution of the Association, all assets of the
Association shall be conveyed to a non-profit organization with
similar purposes. Failing the ability to find a non-profit
organization to succeed to the Association wi thin ninety (90)
days of dissolution of the Association, all Association assets
may be dedicated to the city government of the City of Winter
Springs, Florida or any applicable municipal or other
governmental author i ty. Said successor non-profit organi za tion
or governmental entity shall pursuant to this Declaration provide
for the continued maintenance and upkeep of the Common Area, the
Properties and such other property as may be contemplated herein.
ARTICLE XI.
ADDITIONAL COVENANTS AND RESTRICTIONS
In addition to this Declaration, the Properties are subject
to that certain Declaration of Covenants and Restr ictions by
Winter Springs Development Joint Venture dated June 30, 1988 and
recorded July 8, 1988 in Official Records Book 1974, Page 1409,
as amended by that certain Amendment to Declaration to Covenants
and Restrictions by Winter Springs Development Joint Venture
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.
'j .-.
dated March 17, 1988 and recor8ErdIN&alt<90. ~B., 1989 in Official
Records Book 2054, Page 454, all of the Public Records of
Seminole County, Florida, as the same may be amended from time to
time (the "Existing Declaration"). Nothing herein shall permi t
or authorize any violations of, amendments to or deviations from
the Existing Declaration. Further, in the event that there is
any conflict between the terms, provisions, covenants,
restrictions and conditions of the Existing Declaration and the
terms, provisions, covenants, restrictions and conditions hereof,
the terms, provisions, covenants, restrictions and conditions set
forth in the Existing Declaration shall control, it being the
intent hereof that the conflicting provisions set forth herein
shall apply only upon the expiration or termination of the
Existing Declaration or amendment of such provisions of the
Existing Declaration as may conflict with the provisions hereof.
ARTICLE XII.
CITY OF WINTER SPRINGS, FLORIDA
Notwi thstanding any other provisions contained herein, no
amendments may be made to this document without the prior
approval of the City of Winter Spr ings, Flor ida. The Ci ty of
Winter Springs is a third party beneficiary with the right to
legally enforce this document or any part or provision hereof.
Nothing contained herein shall be construed to permit or
authorize any violations or deviations from the City Code, City
of Winter Springs, Florida.
EXECUTED as of the date first above written.
Signed, sealed and delivered
in the presence of:
WINTER SPRINGS DEVELOPMENT JOINT
VENTURE, a Florida general
partnership
BY: HUMBOLDT FINANCIAL SERVICES,
INC., a California corporation,
Managing General Partner
,:::-~,_iuc~.J-
Name: F
By: {)f?\J!jfl5.~~
Title: .svP
it
By:
Name:
Name:
Title:
t IV €:Ie.'
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Name:
(Print)
Name:
(Print)
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Name:
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Name:
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(Print) ,
Name:
:-l.<.J-y 1<.(
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I. , '.1:, k. II(~'II ,I '. I ';~
(Print)
BY:
- 33 -
By:
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BOOK Pt'GE
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SEt1INOlE co. Fl
Name: .
Title:
Address:
(CORPORATE SEAL)
HOME CAPITAL CORPORATION, a
California corporation,
General Partner
By: \d ~ //;{ 1M-
(f~ Misklnls,
Authorized Agent
-
By: ~ t/4~
Joy eC ro,
Project Manager
(CORPORATE SEAL)
Address:
1301 Winter ~'R~'in9s Blvd.
Winter Spr ings';' Fl...3'2.708
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STATE OF r:(()1!.jlJ{'~
COUNTY OF Sr-;u i ~/b
)
) SS:
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SHmWLE CO. FL.
The foregoing instrument was acknowledged before me, this
~/nh day of ~-t(" A.. , 1992, by f)c^nl/ I! /O-yE , as
l ,,',e (-- fJ~~~/cJ- '-/ of Humboldt Financ1a1 Services,
Inc., a Ca11forn1a corporation, on behalf of said corporation as
Managing General Partner of Winter Springs Development Joint
Venture, a Florida general partnership, on behalf of said
partnership. He/she is personally known to me and did not take
an oath.
1111 1111"""1
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( 1nt)
Notary Public ,
State of f 16iJIJo...
My Commiss10n Expires:
NOTART PUBLIC. STATE OF FLORID"" "I',
MY COMMISSION EXPIRES: MAY 3'. '9~
BONDED THRU NOTARY PUBLIC UNDItRWIUTE""
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STATE OF r !L"J2tI.JQ )
) SS:
COUNTY OF Ort.//I.X\ I t- )
I The foregoing ,i. nstrument was aCkno,w1edged be~ore me, this
/ _'J/.... da,Y of Ihd<-l".^- , 1992, by fA l~ 'If: L. A,I'(~EJ , as
(. #,{(l/IIC,'C t/'Cf ~Lt;.J I;,I?~"/ of Humbol- t Financial Services,
Inc., a Ca1iforn1a corporation, on behalf of said corporation as
Managing General Partner of Winter Springs Development Joint
venture, a Florida general partnership, on behalf of said
partnership. He/she is personally known to me and did not take
an oath.
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NOTARY PUBLIC, STA rE or FLORIDA.
MYCOMMISS;ON EXPIRES: MAY 31,1993.
.ONDED THRU NOTARY PUBL.IC UNDERWRITER..
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4tFfflAl RECORDS
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SENiNOlE co. Fl.
STATE OF FLORIDA )
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COUNTY OF~ 'f /l.{ll\() t(~ )
. ''''JlThe foregoin instrument was acknowledged before me, this
(),,/\ . day of J": Llul:.L.. ,1992, by Lisa Miskinis, as Authorized
Agent of Home Cap1tal orporation, a California corporation, on
behalf of said corpora ion as General Partner of Winter Springs
Development Joint Venture, a Florida general partnership, on
behalf of said partnership. She is personally known to me and
did not take an oath.
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Name: '1/IM~' {." r .t((~ .
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Notary Public ....~ ') \ t' ,
State of Florida at Large'" v , ~
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My Comm1ss1on Exp1res: ""~'
N-Jlt,';YfTC'':-!::. ~;p,rE OF FLORIDA' ;.. I'
I,if V},LnS~;:'JN f:.;.:'il:ES: MAY 31, 199'!: (_"
IH.HJOEiJ TH:HJ NU1AB'f PUOI_IC UI"H}ER\ifRfTri~ .....
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STATE OF FLORIDA
COUNTY oFj;M-~lp
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7 ('--; /.The foregoin was acknowledged before me, this
...... ~ day of e t- ,1992, by Joy DeCaro, as Project
Manager of Home Capital rporation, a California corporation, on
behalf of said corporat on as General Partner of Winter Springs
Development Joint Venture, a Florida general partnership, on
behalf of said partnership. She is personally known to me and
did not take an oath.
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Name: 1/11C-tf f.... . (": (VU t~
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Notary Public
State of Florida at Large
My Commission Expires:
NOTJI,RY P!JI3L1C, ST,'TE OF FLORIDA',
In co',nlISSi')t; (Z;'I;;,,5: rJr,'( 31, 1995'.' ..,
bONDEt) THHU HOTAh't PU3LIC UNDER.W~~TE:ft.t f,
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_FFICIAL RECORDS
8001\ rAGE
4 ,f'" CONSENT AND JOINDER OF MORTGAGEE '- " 0 3 0 5 4 5
HOMEFED BANK, Federal Savings Bank, f/k/a/ SJi<;W\~1 ...F~8eral
Savings and Loan Association, a federally chartered ~~~~8 ~69S
and loan association, being the owner and holder of the following
documents encumbering the Properties (as defined in the foregoing
Declaration), to wit:
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1. Mortgage and Secur i ty Agreement recorded on July
8, 1988 in Official Records Book 1975, Page 268, Public
Records of Seminole County, Florida, as modified by that
certain Mortgage Modification and Spreading Agreement
recorded January 25, 1990 in Official Records Book 2146,
Page 1144, Public Records of Seminole County, Florida: and
2. Collateral Assignment
Contracts for Sale and Purchase
Official Records 1975, Page 308,
County, Florida: and
of Current and Future
recorded July 8, 1988 in
Public Records of Seminole
3. UCC-l Financing Statement recorded on July 8, 1988
in Official Records Book 1975, Page 328, Public Records of
Seminole County, Florida (said Mortgage and Security
Agreement, Collateral Assignment, Financing Statement and
all other documents or instruments evidencing or securing
the loan secured thereby being hereinafter collectively
referred to as the "Loan Documents"):
does hereby ]Oln in and consent to the foregoing Declaration of
Conditions, Covenants, Easements and Restrictions for Davenport Glen
and agrees that the lien of the Loan Documents shall be subject to the
provisions of said Declaration of Conditions, Covenants, Easements and
Restrictions for Davenport Glen: provided, however, that nothing
herein shall be deemed to constitute a waiver of any rights reserved
or granted to the undersigned (or similarly situated parties) in said
Declaration of Conditions, Covenants, Easements and Restrictions for
Davenport Glen.
Signed, sealed and delivered
in the presence of:
HOMEFED BANK, Federal Savings
Bank, f/k/a HOME FEDERAL
SAVINGS AND LOAN ASSOCIATION,
a federally chartered savings
savings and loan association
Name
-,
e R. Monzon
(Print)
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~nle~'LlsA RUSTIN
(Print Name)
Ti tIe: Loan Officer
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Name: Sherrie D. Schott
(Print)
Address: 707 Broadway
Sui te 1600, ~
San DiegQJ~CA:g~lOl
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(CORPORATE SEAL)
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OFFICIAL RECORDS
BOO/( rAGE
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0546
SEf1/NOLE co. Fl.
STATE OF ('~~ hrcff"\ 'A
COUNTY OF "5c.-." \). e~b
The foregoing instrument was acknowledged before me, this
6...\.h.. day of ma.(c...~ , 1992, by L) 54 v<. '^-5~,,, , as
1\v...~O('.l...~ S"~(\Qf of HOMEFED BANK, Federal Savings
Bank, f/k/a Home Federal Savings and Loan Association, a
federally chartered state savings and loan association, on behalf
of HOMEFED BANK. He/she is personally known to me and did not
take an oath.
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Name: Sherne 1) 'S.c..h~++
(Print)
Notary pub:J,.,.ic.
State of ~tl~(f'\'\~
My Commission Expires: ft:l-~(,,-~3
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56-g015bbc/YYB
37
(Rev. 01/30/92)
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Prepared By..aAEI Return To:
James Mancuso, Esq.
615 Fox Hunt Circle
Longwood, Florida 32750
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MARYANNE HORS~ .,_
CLERK OF CIRCUIT CUck, I
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RECORDED (~ VERIFIE\
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694595
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SUPPLEMENT NO.1 TO DECLARATION OF COVENANTS, CONDITIONS ~D ~
RESTRICTIONS OF CHESTNUT ESTATES ;!. U)
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THIS SUPPLEMENT NO.1 TO DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF CHESTNUT ESTATES is made as of this 20th day of March,
1995, by PUL TE HOME CORPORATION, a Michigan corporation authorized to transact
business in Florida (hereinafter referred to as the "Declarant").
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PREAMBLE
A. The Declarant owns real property located in the City of Winter Springs,
Seminole County, Florida (the "Property"), which has been made subject to the
Declaration of Covenants, Conditions and Restrictions for Chestnut Estates (the
"Declaration"). The Declaration is dated November 30, 1994 and was recorded
December 14, 1994, in Official Records Book 2859, Pages 288 through 315 Public
Records of Seminole County, Florida.
B. The Declarant owns real property located in Seminole County, Florida
described as Chestnut Estates Phase Two, according to the plat thereof, recorded in
Plat Book 48 , Page ~~.'72, Public Records of Seminole County, Florida, (the
"Undeveloped Parcel").
C. Pursuant to Article IV, Section 3 of the Declaration, the Declarant may
commit the Undeveloped Parcel to the Covenants contained in the Declaration by
making a recitation to that effect in a Supplement. The purpose of this Supplement is to
commit the Undeveloped Parcel to the terms, covenants, conditions, easements and
restrictions contained in the Declaration.
NOW, THEREFORE, the Declarant hereby declares that the Undeveloped Parcel
shall become and be considered hereafter Property as defined in the Declaration. The
Undeveloped Parcel shall be held, sold, conveyed, leased, mortgaged and otherwise
dealt with subject to the terms, easements, covenants, conditions, restrictions,
reservations, liens and charges as set forth in the Declaration, as if such terms,
easements, covenants, conditions, restrictions, reservations, liens and charges, were
fully set forth in this Supplement. The terms and conditions of the Declaration will be
binding on all persons having or acquiring any right, title or interest in the Undeveloped
Parcel.
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The Declarant conveyed the following described property to the Chestnut Estates
Homeowners Association, Inc. at the time Declarant recorded the Chestnut Estates
Phase Two plat.
Tracts G, H, I and J of Chestnut Estates PI:1~se Two according to the Plat thereof,
as recorded in Plat Book 4-~ Page ~~'7ipublic Records of Seminole County,
Florida.
IN WITNESS WHEREOF, Declarant has executed this Supplement to Declaration
the day and year first above written.
Signed, sealed, and delivered
in the presence of:
PUL TE HOME CORPORATION, a Michigan
corpor . n authorized to transact business in
the at f Florida
By: ~
Print ame:
Its: Attorney-in-Fact
555 Winderley Place, Suite 420
Maitland, Florida 32751
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STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 20th day of March
1995, by James Cooper, as Attorney-in-Fact of Pulte Home Corporation, a Michigan
corporation authorized to transact business i~e State of Florida. He is personally
known to me and did not take an oath. ~ ~':Q c:.~
Si~ature of Notary Public
..F~.. OFFICIAL SEAL ~~CQ. ~. ~ \...'-c::.'-..Q
1_ ' JANICE C. KOELBLE
. : My Commission Expires Print name of Notary Public
\ : July 16, 1.996 .. Notary Public State of Florida
-....~~~.. Comm. No. CC 25~313 My Commission Expires: "~\.~_c...\.J)
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