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Home My WebLink AboutDeer Song t .. %4J .i:~RY:~~~HE MORSE ~ CL~;K OF CIRCUIT COURT 'iECORDED & VERIFIED 3E?'~IHOLE COUNiY. FL. 2 h I 7 0 8 l39Z FEB 12 PM 2: 09 DECLARA TION OF COVENANTS, CONJ;>ITIONS AND RESTRICTIONS FOR DEERSQNG 'ifJ o .JI [;j -..;j -2' f'I\ ~ ~ d IL ~' ~~~ ~ 3 j IV' \j\ ~PPj~ d o rr. tt .,.. <;):9 ~ ~pO S j o - ~ THIS DECLARATION is made and entered into as of this \t5n:!day of reI:n'-'.Q..~ 1992 by:-...) SALA, INC., a Florida corporation, P.O. Box 533116, Orlando, FL 32853 (hereinafter refeaed"-,) to as the "Declarant"). ~2 G..> ::z: \.D c::, r- r'l nJo C:J ....1 () OJ ~(n ;:., WIT N E SSE T H: :a 1'" () ~oo .>;:u (;'0 ("OJ (/) c, o c:> WHEREAS, Declarant is the owner of the real property described on Exhibit "A" at~ef3 hereto. . c> NOW, THEREFORE, the Declarant hereby declares that all the property described on Exhibit "A" attached hereto shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Articles" shall mean and refer to the Articles of Incorporation of the Association as hereinafter defined, as amended from time to time. Section 2. "Association" shall mean and refer to the DeerSong Homeowners' Association, Inc., a non-profit corporation organized under the laws of the State of Florida, its successors and assigns. Section 3. "Bylaws" shall mean and refer to the Bylaws of the Association, as amended from time to time. Section 4. "Common Area" shall mean and refer to Tract "A", DeerSong, according to the plat thereof recorded in Plat Book~, Page .J.l, Public Records of Seminole County, Florida, and any additional property as may be added to the Common Area in accordance with the terms of this Declaration, including, but not limited to, the terms of Article IX, Section 8, below. Section 5. "Declarant" shall mean and refer to Sala, Inc., a Florida corporation, and its successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of improving such Lots for single-family residential purposes, and if Declarant assigns its rights as Declarant as to the Lots so conveyed to such successors and assigns in writing. THIS INSTRUM!:NT PREPARED BY: NAME 7(y m DI'dY'tO IUlIQljU\ooo1\11'DDLCO...~DD R. 15 yo" t( d +- C a 55 ell 920107 J IIlct(tl~J(;P~.4< (. ^11ii,1~t.. / p/ ~Vl';" <1" / .. . . Section 6. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions for DeerSong, as amended from time to time. Section 7. "Developed Lot" shall mean any Lot owned by the Declarant upon which a Dwelling,) Unit has been constructed and for which a certificate of occupancy or other such similaf.J occupancy permit has been issued by the City of Winter Springs, Florida, and is either no lo!jget-X> being offered for sale in the ordinary course of business by the Declarant or is rented b~he U) Declarant to a third party, whichever shall first occur. ~ () Section 8. "Dwelling Unit" shall mean and refer to any building or portion of a builffing~ situated upon any Lot, which building is designed and intended for the use and occupancy ill al'V residence by a single family. The term "Dwelling Unit" shall not include any portion or any- Lot improved with sidewalks, patios, grass or other landscaping. (~O ::J ""Tl : .)-q ::.::(=) J::.. i- ::0 rll (") -;.)0 >~ G)O r-q(/) Section 9. "Lot" shall mean and refer to anyone of Lots 1 through 32, inclusive, DeerSong, according to the plat thereof recorded in Plat Book ~, Page 8-, Public Records of Seminole County, Florida, and any other platted lot which is a part of any additional property which is made subject to this Declaration or any supplemental declaration under the provisions hereof. Section 10. "Member" shall mean and refer to a member of the Association, as established in the Declaration, Bylaws and Articles, Section 11. "Owner" shall mean and refer to the record fee simple owners, whether one or more persons or entities, of fee simple title to any Lot, as hereinafter defined, including contract sellers, but excluding contract purchasers, and excluding those who having such interest merely as security for the performance of an obligation. Section 12. "Property" shall mean and refer to the real property described on Exhibit "A" attached hereto and such additions thereto as may hereinafter be made subject to this Declaration or any supplemental declaration under the provisions hereof. Section 13. "Surface Water or Stormwater Management System" shall mean a system which is designed for the Property and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges from the system, as permitted pursuant to Chapters 40C-4, 40C-40 or 40C-42, F.A.C. ARTICLE II PROPERTY RIGHTS Section 1. Owner's Easements of Enjoyment. Every Owner, his agents, licensees and invitees shall have a non-exclusive right and easement for the use and enjoyment of the Common Area which shall be appurtenant to and shall pass with the title to every Lot. Such easements of use and enjoyment shall include but not be limited to the Owner's right of ingress and egress over IUlIQljI~I\'I1'DDLCOI.074 920107 2 e e the parking areas, streets, driveways and sidewalks, if any, on the Common Area for the purpose of access to the Owner's Lot and Dwelling Unit and shall include the Owner's right to park its vehicles on the parking areas established form time to time on the Common .Area. The Owner's easement for the use and enjoyment in and to the Common Area shall be subject to the"J following provisions: u> LJ !:1 CX> :::'-: 1...0 A. The right of the Association to dedicate or transfer all or any part of the Common @ea to any public agency, authority or utility for such purposes and subject to ~\iFh conditions as may be agreed to by the Members. No such dedication or transfer s.hall _ be effective unless and instrument signed by two-thirds (2/3) of each class of Members ~ agreeing to such dedication or transfer has been recorded and such dedicatio~r N transfer is approved as hereinafter provided. Nothing herein shall warrant any public 1'0). entity being obligated to accept any property from the Association or any property owner; ,;:10 c> ""Tl '_::J ""Tl ......() ~r-,. r- :u 1"1 C) -':10 >:::0 (;)0 Pl~ B. The right of the Association to take such steps as are reasonably necessary to protect the Common Area against foreclosure; C. All provisions of this Declaration, any plat of all or any part or parts of the Property, and the Articles and Bylaws of the Association; D. Rules and regulations governing use and enjoyment of the Common Area adopted by the Association; E. Easements and restrictions set forth in this Declaration, of record in Seminole County, Florida, contained on any and all plats of all or any part of the Common Area or filed separately with respect to all or any part or parts of the Property including, but not limited to, that certain Easement Agreement by and between the Declarant and Indian Ridge Condominium Association, Inc., dated August 26, 1991, and recorded on August 28, 1991, in O.R. Book 2330, Page 1875, Public Records of Seminole County, Florida (the "Easement Agreement"); F. All codes and ordinances of the City of Winter Springs, Florida; and G. The rights of other parties to the use of the assigned parking spaces in accordance with the terms of Article VII, Section 13, below, and the terms of the Easement Agreemen t. I Section 2. Non-Exclusive Easement Over the Lots for Utilities. The Declarant hereby reserves for itself, its successors, assigns, agents, employees, contractors, invitees, licensees and the City of Winter Springs, Florida~ a non-exclusive, perpetual easement for utility purposes to install, I operate, maintain, repair and replace any and all utility lines and other utility facilities (including, but not limited to, water, sewer, electricity, telephone and cable television lines and facilities) under any portion of any Lot not improved or not to be improved with a Dwelling I Unit. The Declarant hereby further reserves for itself, its successors, assigns, agents, employees, contractors, invitees and licensees, a non-exclusive, perpetual easement for utility purposes to install, operate, maintain, repair and replace electricity and telephone lines and facilities under that portion of each Lot improved or to be improved with a Dwelling Unit; IIB\WISlOOOI\11'DDLC01.au 920107 3 e e provided, however, that any such electricity and/or telephone lines and facilities installed under property improved with or to be improved with a Dwelling Unit must be installed inside of a conduit. . Section 3. Easement for Encroachments. In the event that after completion of construction of any portion of any residential Dwelling Unit shall encroach upon any of the Common Area o~'~ upon any other Lot for any reason other than the intentional tortious act of the Owner of thtf!; encroaching property, or in the event any Common Area shall encroach upon any Lot, then ~ easement shall exist to the extent of that encroachment for so long as the encroachment shalh exist, together with all reasonable and necessary rights of ingress and egress for the purpose otg maintaining, repairing and replacing the improvements or Common Area to the extent of such" encroachment. It is hereby specifically provided that eaves, soffits and vents may encroach or? adjoining Common Area and Lots. i'v ~: .) .:0 I..D me: O~ c, C) C> N W -I) :;:> (;)1:1 ;"TIU Section 4. Non-Exclusive Easement Over the Common Area for Utilities. The Declarant hereby reserves for itself, its successors, assigns, agents, employees, contractors, invitees, licensees and the City of Winter Springs, Florida, a non-exclusive, perpetual easement over the Common Area for utility purposes to install, operate, maintain, repair and replace any and all utility lines and other utility facilities, including, but not limited to, electric, cable television, telephone, water, sewer, storm water drainage and stormwater retention lines and facilities. r Section 5. Utility Easement Reserved. The Declarant hereby reserves for itself, its successors, assigns, agents, employees, contractors, invitees, licensees and the City of Winter Springs, Florida, for the benefit of the real property described on Exhibit "B" attached hereto, a non- exclusive, perpetual easement over and across the west thirty feet (30') of the Property along the northernmost western boundary of the Property and over the north fifty feet (50') of the Property for the purpose of installing, operating, maintaining, repairing and replacing any and all utility lines and other utility facilities, including, but not limited to, electric, cable television, telephone, water, sewer, stormwater drainage and stormwater retention lines and facilities. The Declarant hereby further reserves a non-exclusive, perpetual easement over and the right to tap into and use all existing utility lines and facilities located within the west thirty feet (30') of the Property along the northernmost western boundary of the Property and within the north fifty feet (50') of the Property for the benefit of the real property described on Exhibit "B" attached hereto. Section 6. Construction Easement Reserved. The Declarant hereby reserves for itself, its successors, assigns, agents, employees, contractors, invitees, licensees and the City of Winter Springs, Florida, a non-exclusive, easement over the Common Area for the purpose of (i) pedestrian and vehicular (including construction vehicles and machinery) ingress and egress to and from the Lots, (ii) storage of construction materials and construction equipment to be used in the construction of the Dwelling Units and the improvement of the Common Area, and (Hi) performing construction activities on the Common Area and on the Lots. It is the intent of this Section to permit the Declarant and its successors, assigns, agents, employees, contractors, invitees, licensees and the City of Winter Springs, Florida, the right to cross over and to use the Common Area as may be necessary in the normal course of business while constructing any and all improvements to be located on the Property. The easement reserved in this Article II, RJl\W."oool\'I1'DDLCOum 920107 4 . e Section 6, shall terminate on the date of the closing of the sate of the last Lot owned by the Declarant. ~ Section 7. Electric Meter and Telephone Box Easement. The Declarant hereby reserves for , itself, its successors, assigns, agents, employees, contractors, invitees, licensees and the Citf~ of Winter Springs, Florida, a non-exclusive, perpetual easement over and upon the exteri~ 06 any and all Dwelling Units for the purpose of attaching, installing, operating, maintairUttg,\...D repairing and replacing electric meters and telephone boxes and such other similar ty~ of facilities as may be now or hereafter commonly used by electric and/or telephone companies. g C) Section 8. Maintenance Easement. The Declarant hereby reserves for itself, its succesSQrs, C) assigns, agents, employees, contractors, invitees, licensees and the City of Winter Sprmgs, I"'V Florida, a non-exclusive, perpetual easement over and across that part of the Common Area and ~ upon such Lots abutting a particular Lot as may be reasonably necessary for a Lot Owner to properly maintain, improve, repair and replace and any and all improvements (including grass and landscaping) located on the Owner's Lot. If any Owner, while exercising any rights under this easement, damages any portion of the Common Area and/or any Lot of an abutting property owner, and/or any improvements (including grass and landscaping) located on said Common Area and/or Lot of an abutting property owner, the Owner causing said damage shall repair the damaged property (both real and personal) to as close to the condition of said property prior to being so damaged, or, if necessary, shall replace the damaged property. The Declarant hereby grants a non-exclusive easement to the Association, its successors, assigns, agents, employees, invitees and licensees, over that portion of the Lots as may be reasonably necessary to perform any and all rights and obligations of the Association as may be set forth in this Declaration. If the Association, while exercising its rights under this easement, causes any damage to any Lot or Lots or to any improvements located on said Lot or Lots (including grass and landscaping), then the Association shall repair said damaged property (both real and personal) to as close to the condition of said property prior to being so damaged, or, if necessary, shall replace the damaged property. Section 8. Owner's Use of Lot. Use of Lots shall be limited to single-family residential purposes. Section 9. Delegation of Use. Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants or his contract purchasers who reside on the Property. Section 10. Plantini: of Landscapini: in Common Area and on a Portion of the Lots. Declarant shall have an obligation to plant such grass, ground cover, shrubbery, irrigation lines and other landscaping materials (hereinafter referred to as the "Landscaping") as Declarant deems desirable in the Common Area immediately surrounding a particular Lot prior to obtaining a certificate of occupancy for the Dwelling Unit on said Lot. Furthermore, to the extent a Lot is not improved by the Declarant with a Dwelling Unit, other improvements or enclosed by fencing, the Declarant may install such Landscaping as Declarant deems desirable on such unimproved and unenclosed portions of such Lot. All such areas of such Lot upon which Declarant installs Landscaping shall be subject to an exclusive easement in favor of the Association, its successors, assigns, agents, employees, invitees and licensees, for the purpose of maintaining, repairing and JUlIQIjIJlOOOIITl'DDLCOI.OU 920107 5 co C) '-.i""Tl C)-q ~'(J :r-' r- :.:.1 ''l c) -uO ~":::.o I:;) CJ f"Tl(/) . e replacing the Landscaping, which exclusive easement is hereby reserved and granted unto the Association. Any and all Landscaping installed pursuant to this Section shall be the obligation of the Association to maintain, repair and replace after such Landscaping is installed pursuan~'....) to this Section. ;. .) u').' r.'~ CD Section 11. Ori~inal Fencin~ and Stora~e Sheds. As part of the original constructiofi~of\.D improvements to the Lots by the Declarant, the Declarant intends to (but shall not be obli~ted to) install fencing separating various Lots and a storage shed on each Lot. If installed,r'fhe storage shed for a particular Lot will be located in the comer of the Lot where four (4) Q,tso have a common comer. The storage sheds will be owned by each owner but certain wall5,ofC> the storage sheds will be common walls and the roof of the storage sheds will be one fOof~ covering four storage sheds on four (4) separate Lots. To avoid disputes as to which Lot Owner is responsible for maintaining which part of such fences and storage sheds, the Lot Owners shall take title to their Lots subject to the following restrictions, obligations and agreements: coo ,''':) " C) ""Tl -.....-- "i....... .:-> :1'.' ,- :::0 r" c) ."1)0 :r" :;0 1:;')0 P1U) A. The Association shall have the sole right and the sole obligation to maintain such fencing and the exterior, common walls and all structural aspects of the storage sheds to be located on the Lots. The Association, its successors, assigns, agents, employees, invitees, licensees and the City of Winter Springs, Florida, are hereby granted a non- exclusive easement over all of the Lots as may be reasonably necessary for the Association to maintain, repair and replace such fencing and storage sheds. If the Association, while exercising its rights under this easement, causes any damage to any Lot or Lots or to any improvements located on said Lot or Lots (including grass and landscaping), then the Association shall repair said damaged property (both real and personal) to as close to the condition of said property prior to being so damaged, or, if necessary, shall replace the damaged property. ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Every record fee simple"Owner of a Lot, including the Declarant, shall be a member of the Association. Membership- shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. The Association shall have two classes of voting membership: Class A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member shall be the Declarant and shall be entitled to three (3) votes for each Lot owned whether or not said Lots are subject to Association assessment as set forth herein. The Class B membership shall cease IUlIWIS\OOOIITPDIlLCOI.OU 920107 6 . e and be converted to Class A membership on the happening of any of the following events, whichever occurs earlier: I'..) (a) When the total votes outstanding in the Class A membership (/) 1_.) CU c:> C) ""Tl equal the total votes outstanding in the Class B membership; rq co ':)-" _"1-:. U) .:.... C) -,~... ...... ::> Co) (b) On December 31, 1996; or r r- fll :;0 () rq (c) Upon voluntary to Class A membership by the 0 C) () conversIon C) . t.le) Declarant. " }-;.. :..0 r r'V ";)0 . f' i (/) en ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obli~ation of Assessments. Subject to the limitations and exclusions set forth below and elsewhere in this Declaration, the Declarant, for each Developed Lot owned by the Declarant within the Property, hereby covenants, and, other than the Declarant, each Owner of any Lot by acceptance of a deed thereof, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charge, and (2) special assessments for capital improvements, major repairs, to fund deficits in the budget of the Association, or to pay for and perform any and all other obligations of the Association, such assessments to be established and collected as hereinafter provided (said annual assessments and special assessments shall hereinafter collectively be referred to as the "Assessments"). Notwithstanding the foregoing, the Declarant shall not be obligated to pay any Assessment, and is specifically excluded from paying any Assessment so long as the Declarant's guarantee of the budget is in place, as set forth in Article IV, Section 6 below. All unpaid Assessments, any and all late fees due for late payment of Assessments, interest on said Assessments at the maximum lawful rate of interest permitted to be charged in the State of Florida, and the costs, reasonable attorneys' fees and paralegals' fees incurred by the Association at all pre-trial, trial and appellate levels associated with collection of said Assessments, shall be a charge on the Lot and shall be a continuing lien subject to foreclosure upon the Lot against which each such assessment is made; provided, however, no such assessment shall be a lien on the Lot until such lien has been recorded in the Public Records of Seminole County, Florida. Each such Assessment, together with interest at the maximum lawful rate of interest permitted to be charged in the State of Florida, costs and reasonable attorneys' fees and paralegals' fees incurred by the Association at all pre-trial, trial and appellate levels, shall not be the personal obligation of the person who was the owner of such Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall also become the personal obligation of his successors in title unless such successor in title expressly assumes such a personal obligation. Section 2. PUI:pose of Assessments. The Assessments levied by the Association shall be used to promote the interests, recreation, health, safety and welfare of the residents of the Property, which shall include, but shall not be limited to, the improvement and maintenance of the Common Area, the maintenance of any recreational facilities and any easements benefitting all or any portion of the Property, the costs of taxes, insurance, labor, equipment, materials, IUlIW 1"0001\ 'I1'DDLC01.074 920107 7 e e management, maintenance and supervision thereof, as well as for such other purposes as are reasonably necessary by the Association to carry out the intent of this Declaration. Section 3. Uniform Rate of Annual Assessment. Annual assessments shall be fixed at a uniform : '.J rate as to all Lots subject to assessment, and may be collected monthly or quarterl1'J Notwithstanding anything to the contrary contained herein, in the Articles or the Bylaws of tl1~ \...0 Association, the Declarant and the Lots owned by the Declarant shall not be subject fg assessment for any annual assessments, special assessments or any other assessment so long ~ the Declarant's guarantee of the budget, as set forth in Article IV, Section 6 below, is in plac~i) c.:> Upon the termination or expiration of said guarantee, then as to Developed Lots (and only Cd Developed Lots), the Declarant shall be subject to the same Assessments as the Owners of Lo~! other than the Declarant are subject to. . ~:_,) co (DO c:> '1 I' C)'""'l :~nl ~ ...' I-! :xl rr1 C) '00 :;::- ::;.0, C)o r'l (/) c::> N -J Section 4. Maximum Annual Assessments. The maximum annual assessment of the Association may be increased each year not more than fifteen percent (15 %) above the annual assessment for the previous year without a vote of the membership. The maximum annual assessment may be increased more than fifteen percent (15%) above the previous years' annual assessment by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy at a meeting of the Association duly called for this purpose. The board of directors of the Association may fix the annual assessment at an annual amount not to exceed the maximum. Section 5. Special Assessments. In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year for the purpose of defraying, in whole or in part, the maintenance responsibilities of the Association, the cost of operating, purchasing, constructing, reconstructing, repairing or replacing a capital improvement upon the Common Area, including fixtures and personal property related thereto, or to pay for and perform any and all other obligations of the Association, as approved by the board of directors, provided that any such special assessment shall have the assent of two-thirds (2/3) of each class of members who are voting in person or by proxy at an Association meeting duly called for this purpose. Section 6. Declarant Guarantee of Budget. In consideration of the Declarant not having to pay Assessments on any given Lot owned by the Declarant, including any Developed Lot, the Declarant hereby agrees to guarantee that the annual assessments made against Owners subject to assessment will not exceed the maximum annual assessment set forth in Article IV, Section 4, above. Notwithstanding the foregoing, any time after this date, the Declarant may, in its sole and absolute discretion, notify the Association in writing that the Declarant has decided to terminate the Declarant's guarantee as set forth in this Section, whereupon the Declarant shall be fully liable from that date forward for all annual assessments and special assessments thereafter assessed against Developed Lots owned by the Declarant; it being the intent of this Section that upon the termination of the Declarant's guarantee, all Developed Lots (and only Developed Lots) owned by the Declarant shall thereafter be subject to assessment. Section 7. Notice For Any Action Authorized Under Article IV. Sections 4 or 5. Written notice of any meeting called for the purpose of taking any action authorized under Article IV, Sections 4 or 5, shall be sent to all members of the Association not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, and shall set forth the purpose of the JUlIQIjI )\0001\ 11'DIlLClI1. 0J4 920107 8 e e meeting. At the first such meeting called, the presence of members or of proxies entitled to cast fifty percent (50%) of the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice: '0 requirement, and the required quorum at the subsequent meeting shall be one-half (112) ofAheG) required quorum at the preceding meeting. No such subsequent meeting shall be held more ~ ~ sixty (60) days following the preceding meeting. G r Pl Section 8. Date of Commencement of Annual Assessments: Due Date. The annual assessm~ts provided for herein shall commence as to a particular Lot (other than Lots owned by ~e ~ Declarant) on the later of the day said Lot is conveyed by the Declarant to a purchaser or;fhe N date of the issuance of a certificate of occupancy or such similar authorization of occupancy by co the City of Winter Springs, Florida. The Lots owned by the Declarant shall only be subject to assessment as set forth in Article IV, Sections 1, 3 and 6 above. The first annual assessment shall be adjusted according to the number of days remaining in the calendar year. The board of directors of the Association shall fix the amount of the annual assessment against each Lot subject to assessment at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the board of directors of the Association. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the Assessments on a Lot are due and payable or have been fully paid. A properly executed certificate of the Association as to the status of Assessments on a Lot shall be binding upon that Association as of the date of its issuance. 1:.1)0 C)""Tl o ""Tl :;~ CJ ;r.. ,-- ::u l"'l CJ -;)0 >:;0 (;)0 i-'l(/) Section 9. Effect of Nonpayment of Assessments: Remedies of the Association. Any Assessment not paid within thirty (30) days after the due date shall thereafter be paid together with a late fee equal to five percent (5 %) of the overdue Assessment together with interest from the due date at the highest rate allowed by law. The Association may bring an action at law against the Owner personally obligated to pay the same, and/or may file a lien against the Lot for which the Assessment is past due and foreclose the lien against the Lot encumbered by the lien. No Owner may waive or otherwise escape liability for the Assessments provided for herein by the non-use of the Common Area or by abandonment of his/her Lot. In any action to collect any Assessment made hereunder, the prevailing party shall be entitled to collect from the non- prevailing party all costs and reasonable attorneys' fees and paralegals' fees at all pre-trial, trial and appellate levels. Section 10. Subordination of Liens to First Mortgages. The lien of the Assessments provided for herein, and any and all other liens in favor of the Association provided for elsewhere in this Declaration, shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect any lien in favor of the Association other than for the sale or transfer of any Lot pursuant to a mortgage foreclosure foreclosing a first mortgage against a Lot, or any transaction in lieu thereof which shall extinguish the lien of the Association to the extent the lien relates to Assessments or other sums which became due prior to the date of such foreclosure sale or transfer in lieu of foreclosure. No sale or transfer shall relieve such Lot or Lot Owner from liability for any Assessments or other sums thereafter becoming due or from the lien thereof. JUlIQIjI "0001\ 'J1lIlDLC01. aM 920107 9 e e ARTICLE V EXTERIOR MAINTENANCE Section 1. Maintenance of Common Area. The Association shall maintain the Common Area. The maintenance of the Common Area shall include, but shall not be limited to, (i) watering,rv fertilizing, cutting and edging any and all parts of the Common Area covered by grass~iiY:..:.J watering, fertilizing and pruning of all bushes, trees, ground cover (other than grass) an<1r~e other landscaping located in the Common Area, (iii) the maintaining, repairing, replacing~d repaving of any driveways, streets, parking areas and sidewalks located within the Comwpn Area, and (iv) the maintaining, repairing and replacing of all improvements made todhe Common Area, including, but in no event limited to, the entranceway to the Property, !ihy~ recreational facilities now or hereafter located on the Common Area, and any and all persillal N property of the Association. . U) CJJO C)-" CO) -.-, -" (") :;...... r- ~.:u r'l () -'JO >::0 C)CJ 1"1 (fl ARTICLE VI ARCHITECTURAL CONTROL Section 1. Other than for improvements made by or on behalf of the Declarant to any Lot or Lots or to the Common Area, no building, fence, wall, structure or improvement of any kind shall be commenced, erected, placed or maintained upon any Lot, nor shall any exterior addition to or change or alteration thereto (including color changes) be made until the plans and specifications showing the nature, colors, dimensions, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design, color and location in relation to surrounding structures and topography by the Association, acting by and through an architectural control committee composed of three (3) or more representatives, who need not be members of the Association, appointed by the board of directors of the Association. Section 2. In the event the board of directors of the Association, or its designated committee, fails to approve or disapprove such design and/or location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be further required and the provisions of this Article will be deemed to be fully satisfied and approved on said thirtieth (30th) day. Section 3. Notwithstanding anything in this Declaration to the contrary, the Declarant shall not be subject to the review and/or approval of any architectural control committee established pursuant to this Declaration or otherwise established for any improvements to be made by or on behalf of the Declarant to the Common Area and/or to any Lot or Lots. ARTICLE VII GENERAL RESTRICTIONS - USE AND OCCUPANCY Section 1. General Prohibition. Other than for improvements made by or on behalf of the Declarant to any Lot or Lots or to the Common Area, no Dwelling Unit, structure or appurtenance of any kind, including additions or substantial alterations thereto, shall be erected, IUlIWI~I\11'DDI.CQ1.au 920107 10 e e placed or maintained on the Property or any portion thereof that does not conform to the standards, requirements, prohibitions and provisions of this Declaration, and all such construction shall be performed, completed, erected, placed and maintained only in accordance with the plans and specifications required herein as approved by the board of directors of the '0 Association or any architectural committee established pursuant to this Declaration or otherwise. c..J Pl en ::c:: Section 2. Only Residential Purposes. No Lot shall be used in whole or in part for anyt~fng \..0 other than residential purposes, except for model residential Dwelling Units which mat=1>e maintained by the Declarant only for the purposes of the sale of Dwelling Units withinc-the_ Property. Other than conducting the construction and/or sale of Dwelling Units, no trade, tnfffic ~ or business of any kind, whether professional, commercial, industrial or manufacturing or oifibr w non-residential use shall be engaged in or carried on upon the Property, or any part thereof; "nor D- shall anything be done thereon which may be or which may become an annoyance or a nuisance to the Property or adjacent properties. OJO C) ""Tl C) ""Tl :':::CJ :;~ 1- ;u r'l C) '00 >'::0 1-;-) 0 r'l (/) Section 3. Sin~le-Family Residential Use. No building shall be erected, altered, placed or permitted to remain on any Lot other than one (1) single-family residential Dwelling Unit. Section 4. Occupancy Before Completion. No building or structure upon the Properties shall be occupied until the same is approved for occupancy by such governmental agency which is responsible for regulation of building construction and until it complies with the terms and provisions of these covenants. Section 5. Maintenance and Repair. All or any portion of a Dwelling Unit or any structure, building, outbuilding, wall, fence, grass, landscaping or any other improvements placed or maintained on a Lot by the Owner shall at all times be maintained in good condition and repair by said Owner in accordance with maintenance standards established by the Association from time to time. If the Owner fails to maintain such improvements in accordance with the maintenance standards established by the Association from time to time, then, upon thirty (30) days' prior written notice, the Association shall be entitled to perform such maintenance to such improvements. The Association, and its agents, employees and invitees are hereby granted an easement over the Lot to be maintained and over any abutting Lots as may be reasonably necessary to maintain such improvements. Any and all reasonable expenses incurred by the Association to perform such maintenance shall be paid by the Owner of said improvements upon fifteen (15) days' prior written notice. If the Owner of the improvements maintained by the Association fails to make full and adequate payment to the Association within said 15-day period, then the Association shall be entitled to collect interest at the maximum lawful rate of interest permitted to be charged in the State of Florida, on the sums advanced by the Association to maintain the improvements, from the date such sums were advanced by the Association, the Association shall be entitled to file a lien against the Lot so maintained and foreclose said lien in accordance with the same procedures and laws applicable to the foreclosure of a mortgage in the State of Florida, and shall be entitled to pursue any and all other remedies available at law or in equity. The prevailing party in any action brought to enforce the terms of this Section shall be entitled to collect from the non-prevailing party all costs and reasonable attorneys' fees and paralegals' fees incurred at all pre-trial, trial and appellate levels; provided, however, that no attorneys' fees, paralegals' fees or costs may be recovered against the City of Winter Springs, RBlWI 1\0001\ 'I1'DIlLC01. 074 920107 11 e e Florida, if the City of Winter Springs, Florida, brings an action to enforce the terms of this Section 5. Section 6. Completion of Construction. All exterior construction for which plans and specifications are required herein to be submitted to the Association's board of directors fori'J approval shall be completed within six (6) months from the date of approval for said apPrm'al::'~ to remain in force and effect, unless said board shall grant a greater period of time to com~~te~ said construction or shall grant an extension of said 6-month period. 5 r-- ,." Section 7. No Temponuy Buildines. No tent, shack, trailer, house trailer, basement, g~e C> or other outbuildings shall at any time be used on any Lot or on the Common Area fi a c> residence temporarily or permanently and no building or dwelling of a temporary character ~l w be permitted on the Property, except as follows: Buildings and/or trailers deemed necessary by- the Declarant for construction and/or sales activities taking place on the Property and not intended to be used for living accommodations may be erected and maintained on the Property only during the course of construction and/or sales activities on the Property by or on behalf of the Declarant. C'JO o ""Tl i:::>-" :;.::c=; }:..-:. r- -;J:) I....' (") -,JO >::::v (;")0 Pl (/) Section 8. Ground Maintenance. No rubbish, debris, garbage or waste of any kind whatsoever shall be placed or permitted to accumulate upon any portion of a Lot or the Common Area which would render it unsanitary, unsightly, offensive or detrimental to the public in the vicinity thereof or to the occupant of any Lot in such vicinity. Section 9. Fences. Walls. Hedges. Mass Planting of Any Type. No fence, wall, structure, hedge or mass planting of any type shall be constructed, planted, placed or maintained by any Owner upon the Common Area. Section 10. Animals. Birds and Fowl. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that a reasonable number of dogs, cats or other domesticated household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes. In the event of dispute as to the reasonableness of the number of such cats, dogs or households pets kept upon a Lot, the decision and opinion of the Association's board of directors shall control. Section 11. Laundry. No clothes, sheets, blankets or other articles shall be hung out to dry. No clotheslines are permitted on any portion of the Property. Section 12. Exterior Light Fixtures. No exterior lighting fixtures shall be installed on any Lot or residential dwelling without adequate and proper shielding of the fixtures. No lighting fixtures shall be installed that may become an annoyance or a nuisance to the residents of any adjacent Lot or any adjacent property. - Section 13. Parkine. Other than as set forth below, the parking of commercial vehicles (including, but not limited to, trucks larger than a pick-up truck, truck-tractors, semi-trailers and commercial trailers), boats, motor homes, travel trailers and similar recreational vehicles, inoperable vehicles or vehicles under repair on the Property, is prohibited except for such commercial vehicles on the Property to aid in the construction of the Common Area and/or a RBlWISlOOOII'l1'DDLCOI.074 920107 12 e - Dwelling Unit, the maintenance, repair and/or replacement of the Common Area and/or a Dwelling Unit, and/or commercial vehicles making deliveries to a Dwelling Unit. Each Lot shall be assigned one (1) parking space located on the Common Area by the Association. Section 14. Utility and Drainage Easements. Certain easements for installation and maintenance..) of utilities and drainage facilities are shown on the plat, or are of record, and the sam01are') reserved for such use. Within these easements areas, no structure, planting or other maleJia~ shall be placed or permitted to remain which may damage or interfere with the installatioIffIufL maintenance of utilities and/or drainage facilities, or which may change the direction of fl<f-W of drainage in the easement areas, or which may obstruct or retard the flow of water thr~gh..- drainage channels in the easement areas. ~ ~ "T1 r (...) Section 15. ~. Except for "For Sale" signs used by a builder to advertise the Propert)f'0 during the construction and sale period, and except for "For Sale" signs used by Owners of Lots which have been approved in size, color and content by the Association, no sign of any character shall be displayed or placed upon any Lot or Dwelling Unit. All signs permitted herein shall comply with the code of ordinances for the City of Winter Springs, Florida. !DO '.:J "T1 .~-rl .." CJ :-;:.. r- ::0 rCl ("") "00 >;0 C>o P,(/) Section 16. Refuse. No trash, garbage, rubbish, debris, waste or materials or other refuse shall be deposited or allowed to accumulate or remain on any Lot or on the Common Area. Section 17. Nuisances. No noxious or offensive trade or activity shall be permitted on any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to any residents on the Property or any residents on property abutting the Property. Section 18. Wells. No water wells shall be dug on any Lot or on the Property except by the Association for purposes of irrigation of Landscaping. All necessary and proper permits for digging, installing and operating such wells must be obtained. Section 19. Open Burnin~. Open burning of wooden materials, vegetation, solid waste or any other materials is prohibited on any portion of the Property. Section 20. Swimming Pools. No swimming pools may be constructed on any Lot. Section 21. Right to Inspect. Other than with regards to the construction of improvements on the Property by the Declarant, the Association's board of directors and/or any agent of said board of directors may at any reasonable time or times during periods of construction or alteration and within thirty (30) days thereafter enter upon and inspect any Lot and any improvements thereon for the purpose of ascertaining whether the maintenance, construction or alteration of structures thereon are in compliance with the provisions hereof; and neither said board nor any of its agents shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspection. Section 22. Antennae and Aerials. No exterior antennae or aerials shall be placed upon any Lot or any improvements located thereon. No ham radios or radio transmission equipment shall be operated or permitted to be operated on the Property. No satellite signal reception equipment shall be visible from the exterior of any Dwelling Unit located on any Lot. 1UlIW1S\0001\11'DDLC01.074 920107 13 e e Section 23. Mailboxes. No mailbox or paperbox or other receptacle of any kind for use in the delivery of mail or newspapers or magazines or similar material shall be erected on any Lot unless and until the size, location, design and type of material for said boxes or receptacles shall have been approved by the Architectural Review Committee. This requirement shall be in addition to any further applicable requirements imposed by the U.S. Postal Service as to location, size, design and type of materials for receptacles to be used in the delivery of mail. i '-.) Section 24. Dwellin~ Size. The Dwelling Unit, exclusive of open or enclosed porches alia/of.J patios shall not be less than nine hundred thirty (930) square feet. No carports or garages ~~al~ be permitted. In the event of any violation of this Section, the Declarant or the Associ~tion""D may, at its option, sue to enjoin any such violation and pursue any other remedy available ir?law . . Pl or 10 eqUIty. () o c::> Section 25. Oil and Mining Operations. No oil drilling, oil development operations~il~ refining, quarrying or mining operations of any kind shall be permitted upon the Property. norc.....> shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon the Property. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon the Property. c.oo C'I ""Tl (:-J ""Tl .......n > f- ;:;::) rq () -;;0 :><;r.) C)O ;-" (/) ARTICLE VIII FUNCTIONS OF THE ASSOCIATION Section 1. Services. The Association shall provide the following service: A. Maintenance of all Common Area, and all city, county, district or municipal properties if and to the extent permitted by any governmental authority which are located within or in a reasonable proximity to the Property to the extent that their deterioration would adversely affect the appearance of the Property. B. Maintenance of any easement benefitting all or any portion of the Property. C. Maintaining, repairing and replacing any and all utilities lines and facilities (including, but not limited to, water, sewer, electricity, telephone, cable television, surface water drainage and surface water retention lines and facilities) serving one or more Lots to the extent that such maintenance is not performed by, or the obligation of, the utility company providing the service. The Association shall, at the Association's expense, repair any damage done to the Common Area or to any Lot or any improvement located thereon caused by the Association's maintenance, repair and/or replacement of the above-described utilities lines and/or facilities; provided, however, that the Association shall not be responsible for repairing any damage caused to improvements located on a Lot which were not approved by the Association, if such improvements require the prior approval of the Association in accordance with the terms of this Declaration. D. Maintenance of Landscaping, fences and storage sheds to the degree and extent required or permitted by this Declaration and as determined by the Association, and hiring insect and pest control services for said Landscaping. JUl\WINlOOIITI'DDLCOI.OU 920107 14 I E. F. G. e e Taking any and all actions necessary to enforce all covenants, conditions and restrictions benefitting and/or burdening the Property and to perform any of the functions or services delegated to the Association in this Declaration, in any covenants!.. conditions or restrictions applicable to the Property or in the Articles, Bylaws or rule~ ~ and regulations of the Association. ~~ Cu ~ w Conducting business of the Association, including, but not limited to, hiring l~al, accounting, management and financial expertise to assist the Association in perfodning its obligations, and informing Members of activities, notice of meetings and @teI(::) important events. :" c> r w Purchasing general liability and hazard insurance covering improvements and activities'::- on the Common Area on a current replacement cost basis in an amount not less than eighty percent (80%) of the estimated insurable value, directors and officers liability and such other insurance as the board of directors of the Association deems necessary. Hazard insurance proceeds for losses to any Common Area may not be used other than for repair, replacement or reconstruction of such portion of the Common Area damaged. (.:)0 (:J ""Tl i."J" .......() :> r-- ::0 r'" () "uo >::0 C)CJ P1Ul H. Establishing and operating the architectural control committee described in Article VI above in the event that the Association is designated for such purpose. I. Publishing and enforcing such rules and regulations as the board of directors of the Association deems necessary. J. Lighting of roads, sidewalks and paths throughout the Property. K. Garbage and trash collection and disposal. L. The Association shall be responsible for the maintenance, operation and repair of the Surface Water or Stormwater Management System. Maintenance of the Surface Water or Stormwater Management System(s) shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by the St. Johns River Water Management District. The Association shall be responsible for such maintenance and operation. Any repair or reconstruction of the Surface Water or Stormwater Management System shall be as permitted or, if modified, as approved by the St. Johns River Water Management District and as approved by the City of Winter Springs, Florida. M. Notwithstanding anything in this Declaration to the contrary, the responsibility of the Association for maintenance, repair and replacement of the Common Area and the improvements made thereto and the payment of taxes as described herein shall commence at the time this Declaration is recorded in the Public Records of Seminole County, Florida, regardless of whether the Association shall have been vested with record legal title to the Common Area. IUlIW I "0001 \ TI'DDl.COI.Ol< 920107 15 e e . N. Any and all other responsibilities which the board of directors of the Association determine are desirable and/or necessary to carry out the intent of this Declaration, the Articles, the Bylaws and any rules and regulations passed by the Association. ,".J Section 2. Mortgage and Pledge. The board of directors of the Association shall hav~/')the..) power and authority to mortgage the Common Area and/or other property of the AssociatiofincPO to pledge the revenues of the Association as security for loans made to the Association w,Jiich'-.O loans shall be used by the Association in performing its functions, subject to the provisio~ of Article IX, Section 9 below. ~ C> 0 Section 3. Conveyance to Association. The Association shall be obligated to accept an?ce all conveyances to it by Declarant of fee simple title to the Common Area and of easementSc..n benefitting more than one Lot. ':.00 C>'l i.::J'l :";~n ::.:.- r ::0 Pl o "1.")0 >;0 (;)0 r-:l (/) Section 4. Conveyance by Association. The Association shall be empowered to delegate or convey any of its functions or properties to any governmental unit for public utilities or for other public purposes consistent with the intended use of such property, subject to the provisions of Article IX, Section 9 below. Section 5. Easements by the Association. At the request of the Declarant, once the Association holds fee simple title to the Common Area, the Association shall grant to the Declarant and/or to utility companies such easements as are reasonably necessary to improve all or any portion of the Property or as are reasonably necessary to improve and develop property owned by the Declarant or otherwise which abuts the Property. For the purpose of this Declaration, the term "Utility Company" shall include, but shall not be limited to, such companies which provide telephone, cable television, water, sewer, surface water drainage, surface water retention and/or electricity services. ARTICLE IX GENERAL PROVISIONS Section 1. Enforcement. The Association or any Owner shall have the right to enforce, by any proceeding at law or in equity, all terms, restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure of the Association or of any Owner to enforce any terms, restrictions, conditions, covenants, reservations, liens or charges herein contained shall in no event be deemed a waiver of the right to do so thereafter. In any action for enforcement brought hereunder, the prevailing party shall be entitled to collect from the non-prevailing party all costs and reasonable attorneys' fees and paralegals' fees at all pre-trial, trial and appellate levels. A. The St. Johns River Water Management District shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in this Declaration which relate to the maintenance, operation and repair of the Surface Water or Storm water Management System. IUlIWIJlOOOI\11'DOLCOI.074 920107 16 . e Section 2. Insurance. Each Dwelling Unit Owner shall obtain and maintain in full force and effect at all times a policy of fire and extended coverage insurance (homeowner's insurance) against casualties to the Owner's Dwelling Unit and other improvements (such as the storage shed) in the amount of the full replacement value of the Dwelling Unit and such other improvements. A copy of the policy of insurance or a certificate of such insurance shall be i ,...) delivered to the Association within fifteen (15) days following the time that the Owner takes VfIec.....> to a Lot. Thereafter, within fifteen (15) days prior to the expiration of the term of such pol!ipy, m a copy of the renewal policy or a certificate thereof shall be delivered to the Association bi~ihe \.0 Owner. Upon failure of the Owner to obtain such insurance and to furnish a copy or pfdof thereof to the Association, after fifteen (15) days' written notice to the Owner, the AssociaHbn shall be empowered, but shall not have the obligation, to obtain such policy of insuranc~n C) behalf of the Owner and the cost thereof shall immediately be assessed to the Owner and shall C) be due and payable at once, together with interest thereon at the maximum lawful rate and ~all ~ constitute a lien against the Lot in the same manner as any other Assessment until fully paid. For the purposes hereof, the Association is hereby declared to have an insurable interest in said Lot and the improvements constructed therein. ClJO C) - q Cl "1 -"n ~.> r- ::0 r'l (") -CIa :..~ :.1] CJD j-, (/) Section 3. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in nowise affect any other provisions which shall remain in full force and effect. Section 4. Amendment. The covenants and restrictions of this Declaration shall run with and bind the Property for a term of twenty (20) years from the date this Declaration is recorded, after which time the covenants and restrictions of this Declaration shall be automatically extended for successive periods of ten (10) years. This Declaration may be terminated by an instrument signed by one hundred percent (100%) of the Owners and all of their mortgagees, which termination must be recorded in the Public Records of Seminole County, Florida. This Declaration may be amended by an instrument signed by not less than sixty-six percent (66%) of the Lot Owners. Notwithstanding the foregoing, this Declaration may be unilaterally amended prior to January 1, 1997 by the Declarant so long as the Declarant is the owner of at least twenty-five percent (25 %) of the Lots at the time of the recording of such an amendment. All amendments to this Declaration must be recorded in the Public Records of Seminole County, Florida. A. Any amendment to this Declaration which alters the Surface Water or Stormwater Management System, beyond maintenance in its original condition, including the water management portions of the Common Area, must have the prior approval of the St. Johns River Water Management District. B. Notwithstanding anything in this Declaration to the contrary, no amendment may be made to this Declaration without the prior written consent of the City of Winter Springs, Florida, which consent shall not be unreasonably withheld. Section 5. Third Party Beneficiary. The City of Winter Springs, Florida, is a third-party beneficiary with the right to legally enforce this Declaration or any part or provision hereof. 1UlI0I'1"0001\11'DDLC01.O'U 920107 17 e e Section 6. Violation of City Code. Nothing contained in this Declaration permits or authorizes any violations or deviations from the City Code, City of Winter Springs, Florida. Section 7. Access to Property. All representatives and vehicles of the City of Winter Springs, Florida, the State of Florida, the County of Seminole, and the United States government shall...) have access to the Common Areas. In addition, any and all companies franchised by theSit~..) of Winter Springs, Florida, to provide waste disposal, garbage pick-up, cable television sctrYic~ or any other service that pays a franchise fee to the City, shall be authorized to provide se@ice-o to the Common Areas, Developed Lots and Dwelling Units on the Property. ~ ITI Section 8. Annexation. Additional property (which additional property may consi~ or:=> residential lots, Common Area and/or recreational facilities) may be annexed to and become P part of the Property by the Declarant, without the consent of the Lot Owners other thaf'the~ Declarant, so long as the Declarant complies with the requirements of Article IX, Section 9 below, and obtains the prior written consent of the City of Winter Springs, Florida, to such an annexation. GJO O-T1 C) ""Tl ..', r.) ;::- r.n ;I) ("11 o -:JO >::0 CJO "1 (/) A. The Declarant is presently the owner of the real property described on Exhibit "B" attached hereto (hereinafter referred to as the" Abutting Property"). If on or before --:sp.,N u#,.Q..\.(, 1995, the City has issued a building permit for the construction on any portion of the Abutting Property with recreational facilities consisting of a pool, pool decking and a pool cabana consisting of bathrooms to serve the pool facilities, and any additional recreational facilities as the developer of the Abutting Property may deem desirable, and construction of such recreational facilities has commenced on or before ~A.Nu ~Q y , 1995, then, if the Abutting Property is not annexed and made a part of the Property and subject to the terms of this Declaration, the owner of that part of the Abutting Property upon which the above-described recreational facilities are to be constructed at the time of the construction of such recreational facilities shall enter into an agreement with the Association whereby the members of the Association and their guests, tenants and other invitees shall be entitled to an easement for the use of the recreational facilities in exchange for each of such members agreeing to bear their pro rata share of the cost of operating, insuring, repairing, replacing and maintaining such recreational facilities. If the Abutting Property is annexed and becomes a part of the Property and made subject to the terms of this Declaration, the cost of operating, insuring, repairing, replacing and maintaining such recreational facilities shall be included within the cost of any assessments levied by the Association in accordance with Article IV, Section 2 of this Declaration. Section 9. FHA/VA Ap.vroval. So long as there is a Class B membership, the following actions shall require the prior approval of the Federal Housing Administration or Veterans Administration: annexation of additional properties, dedication of Common Area, the encumbering of the Common Area, and the amendment of this Declaration. Notwithstanding the foregoing, the approval of the Federal Housing Administration or the Veterans Administration shall not be necessary if the Declarant records a certificate wherein the Declarant certified that the Property is not an FHA/VA approved project and is therefore not required to obtain the approval of either the Federal Housing Administration or the Veterans Administration. RBlWIl\0001\11'DDLC01.OU 920107 18 e e Section 10. Mortl:age or Conveyance of Common Area. Any mortgage or conveyance of the Common Area, or any portion thereof, shall require the consent of at least two-thirds (2/3) of each class of Members of the Association. If ingress or egress to any Lot is required through the Common Area, or any portion of it, any conveyance or encumbrances of such Common Area shall be subject to an easement for ingress and egress in favor of the affected Lot Owner or Owners. o''..J Section 11. Conflicts. In the event of any inconsistency or conflict between this DeclarMion..-J and the Articles andlor Bylaws of the Association, the provisions of this Declaration ~al1X> supersede, govern and control. In the event of any inconsistency or conflict between the A~leS-O and the Bylaws of the Association, the provisions of the Articles shall supersede, govenfIDtd control. I'll g 0 Section 12. Dissolution. In the event of the dissolution of the Association for whatever re<islDn,C> any owner may petition the Circuit Court of Seminole County, Florida, for the appointmeht o~ a receiver to manage the affairs of the dissolved Association and the Common Area, in place and instead of the Association, and to make such provisions as may be necessary for the continued management of the Association and the Common Area. 1:;:)0 0"1 C) -'1 :'j.: () ~~ r- ;::0 fTl C) 'vo >:::0 C)O iTl (/) IN WITNESS WHEREOF, the Declarant has caused these presents to be executed as required by law as of the day and year first above written. Signed, sealed and delivered in the presence of: SALA, INC., a Florida corporation ~ - ~ (~/L(~~ Wi~S: t11HrKr:~ )!Le U l.<.!AJe ':. (type or print name legibly) By: M Witn:!1JJJf;!;, /, (type or print name legibly) STATE OF FWRIDA . () COUNTY OF S e~o-v The foregoing instrument was acknowledged before me this the /2- day of F~j,~uil'r,/ 1992 by Houshang Sabeti as the President of Sala, Inc., a Florida corporation, on behalf of said corporation, who is personally known to me or who has produced J.(~~I41,,--", as identificationaIJ4 ,who did (did not) take an oath. .. .. IUlIWI "0001 \ 11'DDI.C01.074 920.07 \\\ a"~"~ I' ... '.,. '..... ..........\ 'tl. El.4f.~ ~~ ~ ......... ~.'I '~~~"w ::~ .....AJ ......it'\ '';-j~t:..'\ . ., .. ... 0')0. .:.jIIo... ,,<--, .., ~. , ~ ' y' 0:. ~..~,.,. =:. ~ ~ :,: '~, :: ",.~ '. 1>. FYI:' . '''b... = ~.: v ~ ~: l. i . 1'4, ~ ~ ". I) " .:; \. . ~ .... '. ~ Ie" ~' .. 19 ~. (' .... .... $ '..'" '" ~~.... t. t . . .. , t f ....... r, 1..,: ~ \. ...,...w ~' . ~ Notary u lC My Commission Expires: ~OT~RYPU.9UC, ~T^TE OF FlORIDA'. ~~ <':Ot.l~Il:'SIUI~ 1::Xi'lfiES: SEPT. I. i 99~ NDce THliU NOTAay PUULIC UNQERWRIT&i:RS" RJ!IOISIJ\OOOI\'I1'DDLCOI.074 920107 e e EXHmIT "A" LEGAL DESCRIPTION .'0 c.....> C00 c.n C)., rq G:) 0'" :z: \.D ,-.. ("") -- -- ::~ 0 I r-- P1 AI ("") 01 0 C) ("") . C> '-00 ." J;..;.o r W (;)0 rfl (/) \..0 Lots 1 through 32, inclusive, and Tract "A", DEERSONG, according to the plat thereof as recorded in Plat Book 4~, Page 4' Public Records of Seminole County, Florida. 20 - e . .. EXHIBIT "B" LEGAL DESCRIPTION Commencing at the NE comer of Indian Ridge, a Condominium, Phase II, as recorded in Condominium Exhibit Book 25, Pages 26 and 27, of the Public Records of Seminole County, Florida; said point being on the westerly Right- of-Way line of Sherry Avenue; thence run N 14052'25" E 258.00 feet along said Right-of-Way line to the Point of Beginning; thence leaving said Right-of- Way line run N 7r30'01" W 148.51 feet; thence run N 67015'00" W 425.00 .0 feet; thence run S 06018'22" W 154.04 feet; thence run S 00000'00" W 51.62 ~~ ~ feet to the northwest comer of the recreation area of the aforesaid Indian 3: U) ::::: Ridge, a Condominium, Phase II; thence continue along the west line of said 0 recreation area the following two courses S 00000'00" W 168.38 feet; thence ~ run S 26002'06" W 102.95 feet to the southwest comer of said recreation g CJ area; thence run along the northerly boundary line of said Indian Ridge, A ..." 0 Condominium, Phase II, N 75004'25" W 130.28 feet to the Northeast comer r ..r::- of Doug's Unit #1 as recorded in Plat Book 31, Page 53 of the Public Records 0 of Seminole County, Florida; thence run N 56001 '20" W 541.82 feet along the North line of said Doug's Unit #1 to a point on the easterly Right-of-Way line of Moss Road, extension per O.R. Book 1338, Pages 620 and 621, thence run N 33001 '52" E 914.36 feet along the Eastern Right-of-Way line of Moss Road an 80 foot Right-of-Way as established per O.R. Book 1338, Pages 620 and 621 to the Southerly Right-of-Way line of State Road 419; per O.R. Book 1139, Pages 1563 thru 1565; thence run along said Southerly Right-of-Way line being a curve concave Northeasterly having a radius of 2420.86 feet, a central angle of 20058' 10", a chord that bears S 64055'44" E, for an arc distance of 886.00 feet to a point on the Westerly Right-of-Way line of aforesaid Sherry Avenue; thence run S 14052'25" W 476.42 feet to the Point of Beginning. IUlIWI3\OOOIITPDDLCOI.m 920107 21 e00 8'1 C) "TJ '-'(") -- .~.."" 1-- :::0 PI Cj -v 0 >::0 GJO nl en