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DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS, EASEMENTS AND RESERVATIONS
FOR
GLEN EAGLE
THIS DECLARATION is made and executed this 2 day
of .Q.do~~(l.. , 1988 by GULFSTREAM DEVELOPMENTCORP., a
Florida corporation (hereinafter referred to as the '"Developer").
WIT N E SSE T H:
WHEREAS, Developer is the record owner of fee simple title to
certain real property situate in Seminole County, Florida, which
is legally and more particularly described as follows, to wit:
All lands included within and embraced by GLEN EAGLE UNITS I,
II, III and IV, according to the Plats thereof as recorded or
to be recorded in the Public Records of Seminole County,
Florida, and as described on the Legal Description attached ~
hereto as Exhibit "A" and expressly incorporated herein -I=-
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(hereinafter referred to as the "subject property)"; and --......I
WHEREAS, Developer intends that the Subject Property be
subdivided, developed, improved, occupied, used and enjoyed as an
exclusive, unique and attractive single family residential
community of the highest quality and order known as "Glen Eagle";
and
WHEREAS, the Developer desires to insure that the Subject
property is subdivided, developed, improved, occupied, used and w
enjoyed pursuant to a uniform plan of development with ~
consistently high architectural, ecological, environmental and
aesthetic standards so as to create a unique, pleasant,
attractive and harmonious physical environment which will I
contribute to and enhance the quality of life for all residents ~
of and visitors to Glen Eagle; and
WHEREAS, the Subject Property is subject to that certain ~
Declaration of Covenants and Restrictions recorded July 1, 1987 ~
in Official Records Book 1864, Page 1002, Public Records of
Seminole County, Florida and Developer desires that such
Declaration be null and void and of no effect whatsoever and that
the effect thereof be hereby terminated; and
WHEREAS, the Developer desires that the lands within and
comprising Glen Eagle shall be subject to these uniform
covenants, conditions, restrictions, easements and reservations;
NOW THEREFORE, for and in consideration of the premises
hereof, Developer does hereby declare that the Subject property
shall be and is hereby encumbered by and made subject to those
covenants, conditions, restrictions, easements and reservations
hereinafter set forth; to wit:
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ARTICLE I
DEFINITIONS
For purposes of this Declaration, the following terms shall
have the following definitions and meanings:
1.1 "Assessment" shall mean and be defined as any
assessment of an Owner and a Lot by the Association for Common
Expenses and other items pursuant to, in accordance with and for
the purposes specified in Article X of this Declaration.
1.2 "Association" shall mean and be defined as Glen Eagle
Community Association, Inc., a corporation not-for-profit
organized and existing under the laws of the State of Florida.
1.4 "City" shall mean and be defined as the City of
Springs, a political subdivision of the State of Florida,
specifically including each and all of its departments and
agencies.
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1.3 "Board" shall mean and be defined as the Board of
Directors of the Association.
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1.5 "Common Expenses" shall mean and be defined as those
costs and expenses of the Association more particularly
identified and described in Section 10.2 of this Declaration.
1.6 "Common Property" shall mean and be defined as all real
and personal property from time to time owned by the Association
for the common use, enjoyment and benefit of all Owners,
including, but not limited to the Community Wall, the benefit of
landscape and wall easements shown on the Plat, the conservation
easements shown on the Plat, the benefit of the easements
established by this Declaration for any common facilities that
from time to time may be installed on any Lot, as provided in
this Declaration, and all easements, if any, granted to the
Association.
1.7 "Common Streets and Roads" shall mean and be defined as
the rights-of-way of all streets, roads, drives, courts, ways and
cuI de sacs within Glen Eagle as the same are described in and
depicted on the Plat and all paving, curbs and other
improvements, facilities and appurtenances located therein,
including street lights and utility lines.
1.8 "Community Wall" shall mean and be defined as any wall
or similar structure from time to time situated on the five (5)
foot landscape and wall easements as shown on the Plat, together
with any footings, related equipment, landscaping (including
wiring or irrigation systems) and other appurtenances.
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1.9 "County" shall mean and be defined as Seminole County,
a political subdivision of the State of Florida, specifically
including each and all of its departments and agencies.
1.10 "Declaration" shall mean and be defined as this
Declaration of Covenants, Conditions, Restrictions, Easements and
Reservations for Glen Eagle and all amendments thereto and
modifications thereof as are from time to time recorded among the
Public Records of the County.
1.11 "Design Review Board" shall mean and be defined as the
committee created and established by and pursuant to this
Declaration which is responsible for the review and approval of
all plans, specifications and other materials describing or
depicting improvements proposed to be constructed on Residential
Property and also responsible for the administration of those
provisions of Article XV of this Declaration involving
Architectural and Landscape Control.
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1.12 "Design Standards Manual" shall mean and be defined
that document or those documents adopted, promulgated and
published by the Design Review Board, as the same shall be
amended from time to time, setting forth architectural and
landscape design standards, specifications and other criteria
be used as the standard for determining compliance with this
Declaration and the acceptability of those components of
buildings, structures, landscaping and all other improvements,
constructed, erected, placed or installed upon Residential
Property as more particularly provided in Article XV of this
Declaration.
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1.13 "Developer" shall mean and be defined as Gulfstream
Development Corp., a Florida corporation.
1.14 "Glen Eagle" and "Glen Eagle Community" shall mean and
be defined as GLEN EAGLE, the single family residential community
planned for and developed on the Subject Property as reflected on
the plats recorded or to be recorded in the official records of
the County, including all Residential Property, as that term and
such property is defined and described in this Declaration and on
the Plat.
1.15 "Governmental Regulations" shall mean and be defined as
all applicable laws, statutes, codes, ordinances, rules,
regulations, limitations, restrictions, orders, judgments or
other requirements of any governmental authority having
jurisdiction over the Subject Property or any Improvements
constructed or located thereon, including, without limitation,
those pertaining to building and zoning.
1.16 "Institutional Lender" shall mean and be defined as and
include (a) any state or Federal savings bank, commercial bank or
savings and loan association, any real estate investment trust,
any insurance company, any mortgage banking company, any mortgage
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company, any pension and/or profit sharing plan or any other
lending or investing institution generally and customarily
recognized as being engaged, in the ordinary course of its
business, in making, holding, insuring or guaranteeing first lien
priority real estate mortgage loans and (b) the Developer, to the
extent that Developer shall hold a mortgage upon any portion of
the Subject Property, and all successors, assigns, assignees and
transferees of Developer who shall own or hold any mortgage upon
the Subject Property or any portion thereof which was originally
executed and delivered to and owned and held by Developer.
1.17 "Improvements" shall mean, be defined as and include
any buildings, outbuildings, structures, driveways, walkways,
swimming pools, patios, decks, fences, walls, landscaping, and
any and all other appurtenances, facilities and improvements of
any kind, nature or description constructed, erected, placed,
installed or located on Residential Property and any replacements
thereof and all additions or alterations thereto.
1.18 "Lot" shall mean and be defined as a separate single ~
family residential building site within the Subject Property as ~
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the same is subdivided and described pursuant to and in ~ CJ
accordance with the Plat and shall include any Improvements from~ ~
time to time constructed, erected, placed, installed or located P
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1.19 "Owner" shall mean and be defined as one or more
persons or entities who or which are alone or collectively the
record owner of fee simple title to any Lot, parcel, piece or
tract of land within Glen Eagle, including the Developer and its
successors and assigns, but excluding those having an interest in
any such Lot, parcel, piece or tract of land merely as security
for the payment of a debt or the performance of an obligation.
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1.20 "Plat" shall mean and be defined as the plats of GLEN
EAGLE UNITS I, II, III and IV, as recorded or to be recorded in
the Public Records of the County.
1.21 "Subject Property" shall mean all lands included within
and comprising GLEN EAGLE, as hereinabove described on Page 1 of
this Declaration, and described and depicted on the Plat.
ARTICLE II
OBJECTS & PURPOSES
The covenants, conditions, restrictions, easements and
reservations set forth in this Declaration are hereby imposed
upon the subject property for the following objects and purposes;
to wit:
(a) To establish Glen Eagle as a premier single family
residential community in Central Florida;
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(b) To create, develop, foster, maintain, preserve and
protect within Glen Eagle a unique, pleasant, attractive and
harmonious physical environment which will contribute to and
enhance the quality of life for all residents of and visitors
to Glen Eagle;
(c) To maintain the Subject Property predominantly in
its wooded condition.
(d) To ensure that the development of Glen Eagle will
proceed pursuant to a uniform plan of development with
consistently high architectural, environmental, ecological
and aesthetic standards;
(e) To ensure the proper and appropriate subdivision,
development, improvement, occupation, use and enjoyment of
each Lot, piece, parcel or tract of land within Glen Eagle;
(f) To protect each Lot, piece, parcel or tract of
land within Glen Eagle against the improper, undesirable,
unattractive, or inappropriate subdivision, development,
improvement, occupation, use and enjoyment of contiguous,
adjacent or neighboring Lots, pieces, parcels or tracts of
land;
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(g) To encourage the development, construction,
maintenance and preservation of architecturally and
aesthetically attractive and harmonious Improvements
appropriately designed for and properly located on each Lot,
piece, parcel or tract of land within Glen Eagle;
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(h) To guard against the development and construction
of improper, undesirable, unattractive or inappropriate
Improvements and the use of improper, undesirable, unsuitable
or unsightly materials;
(i) To provide for the future ownership, management,
administration, improvement, care, maintenance, use,
regulation, preservation and protection of all Common
Property within Glen Eagle and to provide for and assure the
availability of the funds required therefor;
(j) To provide for the establishment, maintenance,
preservation, protection and enhancement of consistently high
property values within Glen Eagle;
(k) To accomplish, meet, satisfy and fulfill certain
Governmental Regulations and other governmental requirements;
(1) To provide Developer with effective control over
the development, management, administration, care,
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maintenance, use, appearance, marketing anQ sale of and the
construction of Improvements upon the Subject Property for so
long as Developer shall own substantial portions of the
Subject Property; and
(m) In general, to provide for the development,
creation, operation and preservation upon the Subject
Property of an exclusive single family community of the
highest quality and order.
ARTICLE III
EFFECT OF DECLARATION
3.1 Covenants Running with Land. This Declaration and each
and everyone of the covenants, conditions, easements,
restrictions and reservations contained herein are hereby
declared to be and shall hereafter continue as, covenants running
with the title to those portions of the Subject Property upon
which the same are hereby imposed as an encumbrance.
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3.2 Property Affected. This Declaration and the covenants~
conditions, restrictions, easements and reservations set forth ~
herein shall be binding upon, inure to the benefit of and g
constitute a burden upon all of the Subject Property in ~1 ~
accordance with the terms set forth herein. Accordingly, as mor~ ~
particularly specified in this Declaration, all Lots, pieces,
parcels and tracts of land within the Subject Property shall
hereafter be owned, held, transferred, sold, conveyed, demised,
devised, assigned, leased, mortgaged, occupied, used and enjoyed
subject to and benefited and burdened by the terms and provisions
of this Declaration and each of the covenants, conditions,
restrictions, easements and reservations contained herein.
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3.3 Parties Affected. Except as hereinafter specifically
provided, this Declaration shall be binding upon and inure to the
benefit of all Owners of the property affected and encumbered by
this Declaration, including the Developer and the Association,
and all other persons having or claiming any right, title or
interest in such property. Accordingly, each and every person or
party who or which shall hereafter acquire, have or claim any
right, title or interest in or to any Lot, piece, parcel or tract
of land within the Subject Property, whether by, through or under
the Developer or any subsequent Owner, shall, by virtue of the
acceptance of any such right, title, interest or claim, whether
by deed or other instrument, or by operation of law or otherwise,
and whether voluntarily or involuntarily, be deemed to have
acquired and accepted such right, title, interest or claim in or
to any such Lot, piece, parcel or tract of the Subject Property
subject to and benefited and burdened by the covenants,
conditions, restrictions, easements and reservations set forth in
this Declaration the same as if such person or party had
specifically joined in and agreed and consented to each and every
one of the terms and provisions of this Declaration and the same
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as if each and everyone of the covenants, conditions, easements,
restrictions and reservations set forth in this Declaration had
been fully set forth in the deed or any other instrument of
conveyance pursuant to which such right, title, interest or claim
was acquired.
ARTICLE IV
PROPERTY SUBJECT TO DECLARATION
4.1 Subject Property. The property which shall be subject
to, and encumbered, governed, benefited and burdened by this
Declaration shall be all of the Subject Property as the same is
herein defined and described.
4.2 Addition of Property. The Developer hereby reserves to
itself and shall hereafter have the right, but not the
obligation, at any time and from time to time, in its sole
absolute discretion, and without notice to or the approval
party or person whomsoever or whatsoever, to impose this
Declaration or a substantially similar declaration upon
additional property adjacent or contiguous, notwithstanding
right of way, to the Subject Property which is now or may
hereafter be owned by the Developer, specifically including, ~
without limitation, any or all of the real property described on
Exhibit "A" attached hereto, by the filing of an appropriate
instrument to that effect among the Public Records of the County.
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4.3 Withdrawal of Property. The Developer hereby reserves
unto itself and shall hereafter have the right, at any time and
from time to time, in its sole and absolute discretion, and
without notice to or the approval of any other person or party
whomsoever or whatsoever, to withdraw any property, including
portions of the Subject Property, from the purview, operation and
effect of this Declaration, including any property previously
subjected to and encumbered by this Declaration, which shall be
owned by the Developer at the time of such withdrawal, by the
filing of an appropriate instrument to that effect among the
Public Records of the County.
ARTICLE V
USE CLASSIFICATIONS
5.1 Residential Property. Residential Property shall
include each Lot.
5.2 Common Property. Common Property shall include all
real and personal property from time to time owned by the
Association and tracts of land, if any, shown on the Plat as
owned or to be owned by the Association, for the common use,
enjoyment and benefit of all Owners, including, but not limited
to the Community Wall, the benefit of landscape and wall
easements shown on the Plat, the conservation easements shown on
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the Plat, the benefit of the easements established by this
Declaration for any common facilities that from time to time may
be installed on any Lot, as provided in this Declaration, and all
easements, if any, granted to the Association.
ARTICLE VI
PERMITTED USES
6.1 Residential Property. Except as hereinafter provided
in Section 14.10 of this Declaration, Residential Property shall
be improved as and used, occupied and enjoyed solely and
exclusively for single family residential dwelling purposes and
no other uses or purposes whatsoever.
6.2 Common Property. Common Property shall be improved, (n
maintained, used, and enjoyed for the common recreation, hea1th,~
safety, welfare, benefit and convenience of all Owners and ~
residents of Glen Eagle and their guests and invitees. ~
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ARTICLE VII
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USE RESTRICTIONS - RESIDENTIAL PROPERTY
The use, occupation and enjoyment of Residential property
shall be subject to and governed by the following covenants,
conditions and restrictions, to wit:
7.1 Single Family Only. Except as specifically provided in
Section 14.10 of this Declaration, no use shall be made of
Residential Property other than for single family residential
dwelling purposes.
7.2 Ownership and Leasing. Ownership of Residential
Property shall be for single family residential dwelling purposes
only. AcCordingly, Residential properties may not be rented or
leased for any single period of less than twelve (12) months. No
"Time-Share Plan", as that term is defined in Section 721.05
Florida Statutes, or any similar plan of fragmented or interval
ownership of Residential Property shall be permitted.
7.3 Subdivision. No Lot shall be subdivided nor shall any
portion of a Lot less than the whole thereof be sold, conveyed or
transferred without the prior written approval and consent of the
Developer and the Association. Nothing herein contained,
however, shall prevent the subdivision of a Lot by the Developer
in such manner that any portion of a Lot may be sold, transferred
and conveyed by the Developer, together with the whole of an
adjacent or contiguous Lot such that the whole of one Lot and a
portion of another Lot which are owned in common by the same
Owner may be combined, developed and improved by such Owner as a
single unified home site. Once so combined, developed and
improved as a single unified residential home site no such
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combination of a Lot and a portion of another Lot or combination
of two (2) or more Lots shall thereafter be resubdivided into
more than one (1) single family residential home site.
7.4 Commercial Activity. Except as specifically provided
in Section 14.10 of this Declaration, no business, commercial,
industrial, trade, professional or other non-residential activity
or use of any nature, type, kind or description ~hall be
conducted upon or from Residential Property or within any
Improvements located or constructed thereon.
7.5 Offensive Activity. No illegal, noxious, unpleasant,
unsightly or offensive activity shall be carried on or conducted,
upon or from Residential Property nor shall anything be done
thereon which may be or tend to become or cause an unreasonable
annoyance or nuisance, whether public or private, to residents in
the immediate vicinity or to the Glen Eagle Community in general
or which may be or tend to become an interference with the
comfortable and quiet use, occupation or enjoyment of any other
Residential Property.
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7.6 Animals and Pets. No reptiles, livestock, poultry or ~
animals of any kind, nature or description shall be kept, bred dE
raised upon Residential Property, except for dogs, cats, birds ~
other usual and customary household pets which may be kept, ~
raised and maintained upon Residential Property, 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 such type of
household pet (other than aquarium-kept fish) shall prima facia
be considered unreasonable. Notwithstanding the foregoing
provisions of this Section 7.6 permitting dogs, cats, birds or
other usual and customary household pets, however, no such
reptiles, animals, birds or other pets may be kept, raised or
maintained on Residential Property 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
Residential Property.
7.7 Commercial and Recreational Vehicles.
(a) No truck, bus, trailer or other "commercial
vehicle" (as that term is hereinafter defined) and no mobile
home, motor home, house trailer, camper, van, boat, boat trailer,
horse trailer or other recreational vehicle or the like shall be
permitted to be parked or stored on Residential Property unless
the same shall be parked or stored entirely within and fully
enclosed by a garage; nor shall any such commercial or
recreational vehicle or the like be permitted to be parked or
stored on any street in front of or adjacent to Residential
Property. Notwithstanding the foregoing, however, it is
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expressly provided that recreational and commercial vehicles
shall be permitted to be parked on, in front of, or adjacent to
Residential Property on which bona fide ongoing construction
activity is taking place; nor shall the foregoing provisions of
this subparagraph (a) apply to parking on "a temporary or short-
term basis" (as that term is hereinafter defined).
(b) No passenger automobile, commercial, recreational
or other motorized vehicle, or the like, shall be dismantled,
abandoned, serviced, rebuilt, repaired, repainted, or parked or
stored without a license plate on Residential Property.
Notwithstanding the foregoing provisions of this subparagraph
(b), however, it is expressly provided that the foregoing
restriction shall not be deemed to prevent or prohibit those
activities normally associated with and incident to the day-to-
day maintenance, washing, waxing and polishing of such vehicles.
(d) In the context of this Section 7.7, parking on
temporary or short-term basis" shall mean and be defined as
parking, on a non-recurring basis and for a single period not
exceeding twenty-four (24) hours in duration, of commercial or
recreational vehicles belonging to guests of Owners, commercial ~ ~
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vehicles used in connection with the furnishing of services
and/or the routine pick-up and delivery respectively, of
materials from and to Residential Property (including those
commercial vehicles used in connection with and bona fide current
on-going construction of Improvements on Residential Property)
and commercial or recreational vehicles belonging to or being
used by Owners for loading and unloading purposes only.
(c) No motorcycle, motor scooter, moped, ATV (all
terrain vehicle) or other two-wheeled, three-wheeled or four-
wheeled motorized vehicle, or the like, shall be permitted to be
parked or stored on Residential Property unless the same shall be
parked or stored entirely within and fully enclosed by a garage.~
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(e) In the context of this Section 7.7 the term
"commercial vehicle" shall mean and be defined as a truck, motor
home, bus or van of greater than three-quarter (3/4) ton capacity
and any vehicle, including a passenger automobile with a sign
displayed on any part thereof advertising any kind of business or
on or within which any commercial materials and/or tools are
visible.
(f) The Association shall, subject to reasonable
approval by the City, be entitled and is hereby empowered to
adopt additional reasonable rules and regulations governing the
admission to and parking, use and storage of commercial and
recreational vehicles within Glen Eagle, and if so adopted the
same shall be binding upon all Residential Property and all
Owners and their guests and invitees.
(g) Any commercial, recreational, or other vehicle
parked or stored in violation of these restrictions or in
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violation of any rules and regulations adopted by the Association
concerning the same may be towed away or otherwise removed by or
at the request of the Association and at the sole expense of the
owner of such commercial, recreational or other vehicle in
violation of these restrictions or such rules and regulations.
In the event of such towing or other removal, the Association and
its employees or agents shall not be liable or responsible to the
owner of such vehicle for trespass, conversion, or damage
incurred as an incident to or for the cost of such removal or
otherwise; nor shall the Association, its employees or agents be
guilty of any criminal act or have any civil liability by reason
of such towing or removal, and neither its towing or removal nor
the failure of the owner of the towed or removed vehicle to
receive any notice of the violation of the provisions of this
Section 7.7 shall be grounds for relief of any kind.
7.8 Golf Carts. No golf carts shall be permitted to be
used or stored on Residential Property unless first approved and
licensed in writing by the Association. The Association,
however, shall not be authorized to approve and license any golf
cart for use on any of the Subject Property unless it is (a) in ~
proper mechanical condition and a good state of repair and ~
appearance, (b) of the same type, make, model and color of the ~
golf carts generally used or previously approved by the owner or In
lessee, from time to time, of the Tuscawilla Golf Course and ~
Country Club Property for use on the Tuscawilla Golf Course and ~ ~
Country Club Property and (c) licensed by the owner or lessee, : ~
from time to time, of the Tuscawilla Golf Course and Country Club ~,
Property for use on such golf course. In no event shall the
Association be permitted to approve and license any golf carts
equipped with a radio, television, horn, buzzer or other sound
equipment of any type or decorated in any manner not approved by
the Owner or lessee, from time to time, of the Tuscawilla Golf
Course and Country Club Property. The Association shall be
entitled to establish and charge a uniform reasonable fee for its
inspection, approval and licensing of golf carts. Such fee of
the Association shall be separate and apart from, and in addition
to, any trail or license fee charged by the owner or lessee, from
time to time, of the Tuscawilla Golf Course and Country Club
Property in connection with the use of any golf cart on the golf
course.
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7.9 Maintenance. Each Lot and all Improvements, including
landscaping, located thereon shall at all times be kept and
maintained in a safe, clean, wholesome and attractive condition
shall not be allowed to deteriorate, fall into disrepair or
become unsafe or unsightly. In particular, no weeds, underbrush
or other unsightly growth and no trash, rubbish, refuse, debris
or unsightly objects of any kind shall be permitted or allowed to
accumulate on Residential Property. Enforcement of the
provisions of this Section shall be in accordance with the
provisions of Section 7.21 of this Declaration and such other
provisions of this Declaration as shall be applicable to its
enforcement generally.
11
C/EEE:47l9DECa-4
(09-30-88)
7.10 Reconstruction of Damaged Improvements. In the event
that a residential dwelling or other Improvements on Residential
Property shall be damaged or destroyed by casualty, hazard or
other cause, including fire or windstorm, then, within a
reasonable period, not exceeding three (3) months following the
occurrence of the offending incident, the Owner of the affected
Residential Property shall cause the damaged or destroyed
Improvements to be repaired, rebuilt or reconstructed or to be
removed and cleared from such Residential Property. Any such
repair, rebuilding or reconstruction shall be approved and
accomplished as otherwise required pursuant to the provisions of
this Declaration. Enforcement of the provisions of this Section
shall be in accordance with the provisions of Section 7.21 of
this Declaration and such other provisions of this Declaration as
shall be applicable to its enforcement generally.
7.11 Garbage and Garbage Containers. All garbage and trash
containers and their storage areas and the like shall be kept
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below ground level or within a garage or placed inside of an ~
enclosure approved by the Design Review Board or behind opaque ~
walls attached to and made a part of the single family ~
residential dwelling constructed on each Lot and otherwise in ~
conformity with applicable rules and regulations. In no event P__
shall any of the same be visible from any adjacent or neighborin~
property including all of the Common Streets and Roads. Further;
all garbage and trash containers and their storage areas shall be
designed and maintained so as to prevent animals from gaining
access thereto. All such containers shall be put out for pickup
and trash removal no earlier than the night prior to such pickup
or removal, and shall be removed from the street and placed back
in their storage areas the night of such pickup or removal.
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7.12 Burning. No burning of leaves, trash, rubbish, garbage
or other waste materials of any type shall be permitted or
conducted on Residential Property. Nothing herein contained,
however, shall be deemed to prohibit the burning of wood, logs or
charcoal in properly constructed or installed fireplaces,
barbecue cookers or the like, whether inside or outside of any
building or other structure located on Residential Property.
7.13 Storage Tanks. No storage tanks, including but not
limited to, those for water, oil, propane gas or other liquid,
fuels or chemicals, including those used for swimming pools or
the like, shall be permitted outside of a building on Residential
Property unless the same shall be underground or placed inside of
walls, fences or similar type enclosures in conformity with
applicable rules and regulations. In no event shall any of the
same be visible from any adjacent or neighboring property.
7.14 Mineral Exploitation. No exploration, m1n1ng,
quarrying, or drilling for or exploitation of gas, oil, phosphate
or other minerals of any type or kind shall be permitted or
conducted on Residential Property.
12
C/EEE:47l9DECa-4
(09-30-88)
7.15 Laundry & Clothes Drying. No laundry or clothes drying
lines or areas shall be permitted outside of any building on
Residential Property unless the same shall be placed inside of
walls, fences, landscaping screens or similar type enclosures in
conformity with applicable rules and regulations adopted and
promulgated by the Association with respect thereto. In no event
shall any of the same be permitted if visible from any adjacent
or neighboring property.
7.16 Radio Transmission Equipment. No radio, microwave or
other electronic transmission equipment, including ham radios,
citizens band radios, walkie talkies and the like, shall be
operated on Residential Property without the prior written
consent of the Association, and such consent, once given, may be
revoked by the Association in the event that the operation of any
such equipment interferes with ordinary radio and television
reception or equipment, including the Glen Eagle central cable
television and security systems.
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7.17 Signs. No sign, billboard or advertising of any kind ~
shall be displayed to public view on Residential Property withou~
the prior written consent of the Design Review Board; except as ~
follows, to wit: (a) one (1) discreet professionally prepared ~
sign not exceeding four (4) inches high and eighteen (18) inches 8
long identifying the name of the Owner of a particular Lot, and ~ C)
(b) one (1) discreet professionally prepared sign of not more r ~
than five (5) square feet placed on the street side of a Lot
identifying the architect and general contractor responsible,
respectively, for the design and construction of a dwelling under
construction on a particular Lot; provided, however, that such
sign is first approved in writing by the Developer, and (c) one
(1) discreet professionally prepared Ilfor sale" sign of not more
than five (5) square feet placed on the street side of a Lot;
provided, however, that such sign is first approved in writing by
the Design Review Board. Notwithstanding the foregoing
provisions of this section, the Developer specifically reserves
the right, for itself and its agents, employees, nominees and
assigns the right, privilege and easement to construct, place and
maintain upon Residential Property signs as it deems appropriate
in connection with the development, improvement, construction,
marketing and sale of any Residential Property. Except as
hereinabove provided, no signs or advertising materials
displaying the names or otherwise advertising the identity of
contractors, subcontractors, real estate brokers or the like
employed in connection with the construction, installation,
alteration or other improvement upon or the sale or leasing of
Residential Property shall be permitted.
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7.18 Trees. No trees shall be removed from any Lot without
the prior written consent of the Design Review Board; provided,
however that such removal shall be in compliance with
Governmental Regulations. Such approval shall be reasonably
given, however, if such removal is necessary in connection with
13
C/EEE:4719DECa-4
(09-30-88)
the location of the main residential dwelling on a particular Lot
where the preservation of any tree would work a hardship or
require extraordinary design measures in connection with the
location of such dwelling on the Lot and the plans and
specifications for and location of one dwelling on the Lot have
been approved by the Design Review Board as provided in Article
XV hereof. As used herein the term "trees" shall mean and be
defined as any tree equal to or greater than ten .(10) feet in
height. Any tree(s) removed in violation of this provision shall
be immediately replaced with a tree of similar size and type.
7.19 Drainage. All storm water from any Lot shall drain
into or onto contiguous or adjacent street rights-of-way,
drainage, easements, or retention areas. Storm water from any
Lot shall not be permitted or allowed to drain or flow
unnaturally onto, over, under, across or under any contiguous or
adjacent Lot unless a drainage easement shall exist therefor. No
Owner shall be permitted to alter the grade of or original
drainage plan for any Lot, or change the direction of, obstruct ~
or retard the flow of surface water drainage, nor shall any Owne~
alter or remove any drainage or environmental berm or swale or ~
divert any storm water drainage over, under, through or around ~
any such berm or swale. ~
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7.20 Rules and Regulations. In addition to the foregoing ~
restrictions on the use of Residential Property, the Association ~
shall have the right, power and authority, subject to the prior
written consent and approval of Developer, to promulgate and
impose reasonable rules and regulations governing and/or
restricting the use of Residential Property and to thereafter
change, modify, alter, amend, rescind and augment any of the
same; provided, however, that no rules or regulations so
promulgated shall be in conflict with the provisions of this
Declaration. Any such rules and regulations so promulgated by
the Association shall be applicable to and binding upon all
Residential Property and the Owners thereof and their successors
and assigns, as well as all guests or invitees of and all parties
claiming by, through or under such Owners.
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7.21 Enforcement. In the event of a violation of or failure
to comply with the foregoing requirements of this section and the
failure of the Owner of the affected Lot, within fourteen (14)
days following written notice by the Association of such
violation or non-compliance and the nature thereof, to cure or
remedy such violation, then the Association or its duly appointed
employees, agents or contractors, shall have and are specifically
granted the right and privilege of and an easement and license to
enter upon the affected Lot or any portion or portions thereof or
Improvements thereon, without being guilty of any trespass
therefor, for the purpose of undertaking such acts or actions as
may be reasonably necessary to cure or eliminate such violation;
all at the sole cost and expense of the Owner of the affected
Lot. Such costs and expenses, together with an overhead expense
to the Association of fifteen percent (15%) of the total amount
14
C/EEE:4719DECa-4
(09-30-88)
thereof shall be assessed by the Association as an Individual Lot
Assessment as provided in Section 10.11 of this Declaration to
the affected Lot and the Owner thereof. Any such Individual Lot
Assessment shall be payable by the Owner of the affected Lot to
the Association within ten (10) days after written notice of the
amount thereof. Any such Individual Assessment not paid within
said ten (10) day period shall become a lien on the Affected Lot
in accordance with the provisions of Section 10.5, of this
Declaration.
7.22 Precedence Over Less Stringent Governmental
Regulations. In those instances where the covenants, conditions
and restrictions set forth in this Article VII set or establish
minimum standards or limitations or restrictions on use in excess
of Governmental Regulations, the covenants, conditions and ~
restrictions set forth in this Article VII shall take precedenc~
and prevail over less stringent Governmental Regulations. ~
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BUILDING RESTRICTIONS - RESIDENTIAL PROPERTY
The erection, placement, construction and installation of
Improvements on Residential Property shall be subject to and
governed by the following covenants' conditions, restrictions
reservations, to wit:
8.1 Building Type. As the use of Residential Property is
limited to single family residential dwelling purposes only, no
building or structure other than one (1) single family residence
or dwelling and its related appurtenances facilities and
Improvements shall be placed, located, erected, constructed or
installed or permitted to remain on Residential Property.
8.2 Approved Plans. All Improvements must be constructed
in accordance with detailed plans and specifications prepared in
conformance with all applicable Governmental Regulations and
approved by the Design Review Board prior to the commencement of
construction as more particularly provided in Article XV of this
Declaration.
8.3 Governmental Regulations. All Improvements placed,
located, erected, constructed and installed upon Residential
Property shall conform to and comply with all applicable
Governmental Regulations, including, without limitation, all
building and zoning regulations of the City, particularly those
applicable to the Tuscawilla PUD.
8.4 Design Standards Manual. All Improvements shall be
placed, located, erected, constructed, installed and maintained
on Residential Property in conformance with the Design Standards
Manual for which provision is made in Article XV of this
Declaration as the same may be changed, amended or modified from
time to time.
15
C/EEE:47l9DECa-4
(09-30-88)
8.5 Construction. The construction of all residential
dwellings and other Improvements on Residential Property must be
performed by such builders, general contractors and
subcontractors as are (a) licensed in the State of Florida and
the County or City to engage in the business of residential
building and construction and (b) approved in writing by the
Developer as being qualified and otherwise acceptable to
Developer to perform construction work within Glen Eagle. The
latter approval shall be within the sole and absolute discretion
of Developer.
8.6 Construction Time. Unless and otherwise approved by
the Design Review Board in writing, construction of residential
dwellings and other Improvements must be commenced not later tha~
six (6) months from the date that the Design Review Board issues~
its written approval of the final plans and specifications ~
therefor. If construction does not commence within such six (6)~
month period the plans and specifications for any proposed n
construction must once again be reviewed and approved by the ~
Design Review Board in accordance with the provisions of Articl~~ ~
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Design Review Board shall no longer be binding on the Design
Review Board. Upon commencement of construction, such
construction shall be prosecuted diligently, continuously and
without 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 Design 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 Design Review Board, in the
exercise of its reasonable discretion, determines that the
request is reasonable and the extension is warranted.
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8.7 Height Limitation. No Improvement on Residential
Property shall exceed thirty-five (35) feet in height, as
measured from the finished grade of first floor (i.e., excluding
basement, if any) to the roof peak at its highest point, except
as expressly permitted by the Design Review Board. Each
residential dwelling on a Lot shall consist of not more than two
(2) full stories (not including basement) unless otherwise
approved in writing by the Design Review Board.
8.8 Building Setback Lines. No part of any building shall
be constructed, erected, placed or installed any closer to the
property boundary lines of Residential Property than as follows,
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16
C/EEE:4719DECa-4
(09-30-88)
8.8.2 Corner Lots. Notwithstanding the side yard
building setback lines established elsewhere in this Section
8.8, the side yard building setback line on the side yard of
corner lots (i.e., on the street side of a Lot which is not
the front of the residential dwelling constructed thereon)
shall be twenty-five (25) feett~ the side yard property
lines on the side (s) of the property adjacent. to street right
of way.
8.8.3 Exclusions. Those Improvements specified in
Section 8.9 below shall be excluded from the building setback
lines established in this Section 8.8.
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8.9 Other Setback Lines. Improvements other than the main~
residential dwelling on a Lot shall be placed, located, erected,~
constructed or installed no closer to the property boundary line~~
o~ Residential Property, by type of Improvement, as follows, to ~
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8.9.1 Swimming Pools. No closer than the otherwise
established side yard building setback line plus an
additional five (5) feet and no closer than five (5) feet to
any rear yard property boundary line. No swimming pools
shall be constructed in front or side yards.
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8.9.2 Swimming Pool Decks and Patios. No swimming
pool deck or patio, whether constructed of concrete, cool
deck, aggregate wood or any other material shall be
constructed nearer than five (5) feet to any rear yard
property line or nearer than the otherwise established side
yard building setback line to any side yard property line.
8.9.3 Outbuildings and Accessory Structures. All out
buildings and accessory structures shall be located within
the building setback lines otherwise established for the main
residential dwelling on any Lot unless otherwise approved in
writing by the Design Review Board.
8.9.4 Design Standards Manual. All other
Improvements on Residential Property shall be set back from
property boundary lines, as specified in the Design Standards
Manual.
8.10 Mi~n Areas. Each Lot shall have no more than
forty percen,'", "",Ji f its total land area covered by buildings,
structures, driveways, parking areas, sidewalks, swimming pools,
decks or other impervious surfaces.
8.11 Dwelling Size. Each single family residential dwelling
constructed on Residential Property shall have a minimum heated
and cooled living area of two thousand two hundred;dlllllllsquare
feet.
17
C/EEE:47l9DECa-4
(09-30-88)
8.12 Temporary Improvements. No buildings, structures,
improvements or other facilities of a temporary nature, including
trailers, tents or shacks shall be permitted on Residential
Property: provided, however, that temporary improvements or
facilities used solely in connection with and during the period
of the construction of approved permanent Improvements may be
permitted by the Design Review Board, in its discretion, during
the period of the construction of such permanent .Improvements so
long as the same are located as inconspicuously as possible and
are removed immediately following the completion of such
construction. The location of such temporary improvements during
construction shall be approved in writing by the Design Review
Board.
8.13 Garages and Carports. No carports shall be placed, en
erected, constructed, installed or maintained on Residential ~
Property. Each single family residential dwelling constructed ~
and maintained on Residential Property shall have an attached ~
garage as an appurtenance thereto. All garages shall be for notn
less than tw~ nor more than four........ standard sized passenge1
automobiles. ~ages for more than two (2) automobiles must be ~ C)
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specifically approved by the Design Review Board. Each garage :0
shall have a minimum width, as measured from inside walls, of ten
(10) feet per car and a minimum depth for each car of twenty-one
(21) feet. Garages may also contain appropriately sized storage
rooms, recreational workshops and tool rooms as approved by the
Design Review Board. Subject to the granting of a variance by
the Design Review Board as hereinafter provided, all garages
sha~ esigned, erected, constructed, installed or maintained
as load in such manner that the garage doors thereof
shall not face any street, the front of any residence or the
Tuscawilla Golf Course and Country Club Property. All garages
must have garage doors that are operated by electric door openers
kept in operable condition and all garage door shall remain
closed at all times: save and except for the temporary opening of
same in connection with the ingress and egress of vehicles and
the loading or placement and unloading or removal of other items
customarily kept or stored therein. No garage shall be conveyed
to another use (e.g., living space) without the substitution, on
the Lot involved, of another garage meeting the requirements of
this Section 8.13 of this Declaration and the approval of the
Design Review Board as otherwise provided in this Declaration.
Notwithstanding the foregoing provisions of this Section 8.13,
because of the peculiarities of the size, shape, configuration,
location and other physical characteristics of many Lots within
Glen Eagle, it may be impossible or impractical to design, erect,
construct, install or maintain garages in such manner that the
garage doors thereof do not face and are not visible from any
street, the front of any residence or the Tuscawilla Country
Club. Accordingly, it is expressly provided that the Developer
without the consent of the Design Review Board, or Design Review
Board only with the consent of the Developer, in their sole and
absolute discretion, shall be entitled, and are hereby
authorized, to grant waivers of and/or variances from such
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C/EEE:47l9DECa-4
(09-30-88)
restriction in any particular instance and with respect to any
particular Lot or Improvement. To the extent that any such
waiver and/or variance is granted by the Developer and/or the
Design Review Board, as aforesaid, the same shall not be deemed
to be a precedent for the granting of such or any similar waiver
or variance in any other particular instance or with respect to
any other particular Lot or Improvement.
8.14 Curb Cuts. Vehicular access to each Lot on Residential
Property shall be through or over such driveway or driveways and
curb cut or curb cuts as shall be approved by the Design Review
Board prior to construction. The location, size and angle of the
approach of all driveways and curb cuts shall be subject to the
approval of the Design Review Board.
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8.15 Driveways. All driveways, turnarounds and parking
areas shall have a concrete base and shall be paved or finished
with a hard dust-free material approved by the Design Review
Board or otherwise specified in the Design Standards Manual.
Each driveway shall extend the entire distance from the garage
door to the paved portion of the street or roadway in front of
adjacent to the Lot on which such driveway is constructed.
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8.16 Roofs. The roofs of the main body of all buildings and
other structures, including the principal residence, shall be
pitched. No flat roofs shall be permitted without the approval
of the Developer and the Design Review Board. The Developer and
Design Review Board may, in their discretion, approve flat roofs
on part of the main body of a building if architecturally
compatible with 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 inchesAR in twelve inches (12")
(6/12 vertical/horizontal) or as oifiiiwise specified in the
Design Standards Manual. All roofs shall be constructed of clay,
tile, cement tile, slate, standing seam copper, cedar shake
shingle, or other materials specified in the Design Standards
Manual or otherwise approved by the Design Review Board. All
roof colors must be approved by the Design Review Board. No pure
white, pure black or pure primary colored roofs shall be
permitted.
8.17 Roof Structures. No antennas, windmills, appliances or
other rooftop installation or structure of any type shall be
placed, located, erected, constructed, installed or maintained
upon the exterior roof of any building or structure unless the
same shall first be approved in writing by the Design Review
Board and shall otherwise be erected, constructed, installed and
maintained on the rear yard side of the roof or otherwise in such
manner and at such location that the same shall not be visible
from any street, neighboring residences or the Tuscawilla Golf
Course and Country Club Property. It is expressly provided,
however, that rooftop attic ventilators and fans and solar
collector panels which are designed and architecturally treated
19
C/EEE:4719DECa-4
(09-30-88)
in an aesthetically acceptable manner and otherwise in
conformance with guidelines therefore, if any, set forth in the
Design Standards Manual may be permitted if approved by the
Design Review Board within its reasonable discretion.
8.18 Antennas, Etc. No antennas, aerials, discs, dishes or
other devices for the transmission or reception of radio or
television signals or any other form of electro-magnetic
radiation or communication shall be erected, constructed,
installed, used or maintained outside of any building or
structure on Residential Property whether or not the same is
attached to or detached from a building or a structure.
8.19 Windows. The windows of all buildings on Residential
Property shall have frames and window hardware, if any,
constructed of wood or such other materials as shall be in
conformance with the applicable provisions of the Design
Standards Manual. In no event shall raw or silver aluminum
windows be permitted.
8.20 Reflective or Mirrored Glass. No reflective or
mirrored glass shall be used on, in or for the windows or doors
of any buildings or other Improvements constructed upon
Residential Property. No tinted windows or doors shall be
permitted unless first.approved by the Design Review Board in
writing taking into account the degree of tinting and the
aesthetics of the Improvements involved.
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8.21 Awnings, Shutters and Window Coverings. No window of
any building or other Improvements constructed upon Residential
Property shall be covered by any awnings, canopies, shutters,
(including hurricane or storm shutters), boards, or similar type
window coverings, except as approved by the Design Review Board
or such as may be required for protection from storms and only
then during the period of any such storm. Nor shall any such
windows be covered by or coated with any foil or other reflecting
or mirrored materials. The foregoing restriction shall not be
construed as a prohibition against decorative exterior shutters
located to the side of window openings or as a prohibition
against suitable awnings located over or above window openings.
8.22 Exterior Air Conditioning Equipment. All air
conditioning compressors and other equipment located outside of a
residential dwelling shall be screened from the view of street
and road rights-of-way, the Tuscawilla Golf Course and Country
Club, and adjacent Lots by opaque walls attached to and made a
part of each single family residential dwelling and otherwise in
conformity with the applicable provisions of the Design Standards
Manual or as otherwise approved by the Design Review Board.
Absolutely no window or roof mounted air conditioning units shall
be permitted.
20
C/EEE:47l9DECa-4
(09-30-88)
8.23 Fences and Walls. Other than those constructed by the
Developer and/or the Association within the Wall and Landscape
Easements established pursuant to Section 14.5 of this
Declaration, no fences or walls shall be erected on Residential
Property unless approved in writing by the Design Review Board.
The height of all fences or walls shall be subject to the control
and approval of the Design Review Board. All fences and walls
shall be constructed of wrought iron, brick, stucco or other
masonry materials and shall conform to guidelines and
specifications otherwise set forth in the Design Standards
Manual. Exception to such specifications may be permitted by the
Design Review Board, in its discretion; provided, however, that
in no event shall uncovered or exposed (whether concrete or
concrete blocks, painted or not) chain link or prefabricated
wooden fences be permitted.
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8.24 Swimming Pool Screens. No swimming pools shall be ~
enclosed by any screen, screening or other enclosure or under a ~
roof of any kind unless the same shall be located entirely withinP
the extension of the side walls of the main residential dwelling ~ ~
on the Lot on which such swimming pool is located. All pools co
shall be subject to approval by the Design Review Board. ~
8.25 Exterior Building Materials, Finishes and Colors. All
exterior building materials, finishes and colors shall be in
conformance with the applicable provisions of the Design
Standards Manual or as otherwise approved by the Design Review
Board. Uncovered or exposed (whether painted or not) concrete or
concrete block shall not be permitted as the exterior finish of
any building structure or wall unless approved by the Design
Review Board and the Developer. The foregoing restriction shall
be equally applicable to the initial as well as any subsequent
painting of any Improvements located on Residential Property.
8.26 Exterior Lighting. Exterior lighting or illumination
of buildings, yards, parking areas, sidewalks and driveways on a
Lot shall be designed and installed so as to avoid visible glare
(direct or reflected) from street and road rights-of-way, and
other Residential Property. All exterior lighting shall be
conform to and with the applicable provisions of the Design
Standards Manual. Special exceptions to such specifications may
be approved by and within the discretion of the Design Review
Board upon a showing of good cause therefor.
8.27 Mailboxes and other Delivery Boxes. Until such time as
the United States Post Office Department shall approve mail
delivery service to Glen Eagle to or at wall receptacles or
mailboxes attached to each single family residential dwelling,
each Lot on which a single family residential dwelling is
constructed and completed (as evidenced by the issuance of a
certificate of occupancy therefor) shall have a street or
roadside mailbox for the delivery of United States Mail. The
design, construction and location of such mailbox shall be in
strict conformance with the applicable provisions of the Design
21
C/EEE:47l9DECa-4
(09-30-88)
Standards Manual or as otherwise approved by the Design Review
Board in writing; it being expressly provided, however, that the
Design Review Board must approve a location consistent with the
rules and regulations of the United States Post Office
Department. At such time as the United States Post Office
Department shall approve and make mail deliveries within Glen
Eagle to or at wall receptacles or mailboxes attached to each
single family residential dwellings, each Owner, upon notice and
the request of the Association, shall remove and replace the
street or roadside mailbox on his Lot with a receptacle or
mailbox attached to the single family residential dwelling
constructed on his Lot. All other delivery boxes or receptacles
of any kind, including those for newspapers, milk and other ~
similar home deliveries, shall also be designed, constructed an~
located in conformance with the applicable provisions of the ~
Design Standards Manual or as otherwise approved by the Design ~
Review Board. The Developer shall have the right to require tha~
all street or roadside mailboxes shall be of one particular typeO
or design specified by the Developer so long as such designated?
type or design meets the rules and regulations of the United
States Post Office Department.
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8.28 Underground Utilities. All utility lines and
facilities shall be located and installed underground or
concealed under or within a building or other on-site
Improvements approved by the Design Review Board; provided,
however, that the foregoing restriction shall not be deemed to
prohibit the following: (a) temporary electric power and
telephone service poles and water lines which are incident to the
ongoing construction of approved permanent improvements, and,
provided further, that the same are removed immediately following
the completion of such construction; (b) above-ground electric
transformers, meters and similar apparatus properly screened as
specified in the Design Standards Manual or as otherwise approved
by the Design Review Board; (c) permanent outdoor safety light
poles located and installed in conformance with the applicable
provisions of the Design Standards Manual, or as otherwise
approved by the Design Review Board.
8.29 Landscaping. Each Lot shall be landscaped in
accordance with a landscape plan which is (a) in conformance with
the applicable provisions of and using the plant pallet specified
in the Design Standards Manual and (b) otherwise approved by the
Design Review Board. The landscape plan submitted to and
approved by the Design Review Board shall reflect a minimum
budget of three percent (3%) of the construction cost of the
residential dwelling and other Improvements constructed on such
Lot. Such budget shall be for initial plant materials, trees and
installation, exclusive of the cost of sod and the required
underground irrigation system, unless the Design 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 Design Review
Board shall be installed within thirty (30) days after the
22
C/EEE:4719DECa-4
(09-30-88)
completion of construction of the main residential dwelling on a
Lot as evidenced by the issuance of a certificate of occupancy
for such dwelling.
8.30 Grass. No type or variety of grass other than Bitter
Blue St. Augustine grass shall be planted on Residential
Property, and such grass shall be planted only in those areas
where specified on the landscape plan approved by the Design
Review Board. The planting of grass on Residential Property
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.
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8.31 Trees. The provisions of Section 7.18 of this
Declaration shall be applicable to the building or construction n
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of any single family residential dwelling or other structure or
Improvements on Residential Property and such provisions are ~
incorporated in this Article VIII by this reference thereto.
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8.32 Irrigation Systems. All landscaped and grassed open
areas on Residential Property shall be irrigated by means of an
automatic underground irrigation or sprinkling system capable of
regularly and sufficiently irrigation 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 Design Review
Board as part of the landscape plan required pursuant to the
provisions of Section 8.3 of this Declaration. Such irrigation
or sprinkling system shall be installed prior to or
simultaneously with the implementation of the landscape plan
approved by the Design Review Board; but in any event within the
time provided in Section 8.29 of this Declaration for the
installation of landscaping.
8.33 Artificial Vegetation. No artificial vegetation shall
be permitted on the exterior of any building on Residential
Property.
8.34 Precedence Over Less Stringent Governmental
Regulations. In those instances where the covenants, conditions
and restrictions set forth in this Article VIII set or establish
minimum standards in excess of Governmental Regulations,
including, without limitation, building and zoning regulations,
the covenants, conditions and restrictions set forth in this
Article VIII of this Declaration shall take precedence and
prevail over less stringent Governmental Regulations.
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may otherwise be implied from the terms and provisions of this
Declaration, the Developer specifically reserves exclusively unto
itself, for the duration hereinafter specified, the right and
privilege (but Developer shall have absolutely no obligation),
upon a showing of good cause therefor, to: (a) grant waivers with
23
C/EEE:4719DECa-4
(09-30-88)
respect to any existing or proposed future deviation from, or
violation or infraction of, the building restrictions specified
in this Article VIII of this Declaration where, in the reasonably
exercised good faith judgment and discretion of the Developer,
the Developer shall determine or decide that such deviation,
violation or infraction is de minimus, minor, or insignificant,
(b) grant waivers of, exceptions to, or variances from, the
building restrictions specified in this Article VIII of this
Declaration where special conditions and circumstances exist
which are peculiar to a particular Lota~d RQ~ generally ~
applicable to other Lots (e. g., because of its unusual size, :.;:
configuI:C\~;9R. Q~i+~,q(:~t;~on<)..9r!~ere a literal interpretation or ~
application of any such bUiYaftf~"restriction to a particular Lot rr1
would be inappropriate, inequitable or otherwise work or result g
in a hardship or deny such Lot and the Owner thereof specific ~
rights which are generally enjoyed by other Lots and Owners; is r
being expressly provided, however, that, in all cases, the
Developer, in its exercise of such right and privilege shall, in
its reasonably exercised and good faith judgment and discretion
determine or decide that its grant of any such waiver, exception
or variance shall not result in, represent, be or constitute a
significant deviation of or derogation from (a) the uniform plan
of development for Glen Eagle, (b) the high architectural,
ecological, environmental and aesthetic standards otherwise
established for Glen Eagle or (c) the objects and purposes of
this Declaration as hereinabove enumerated in Article II of this
Declaration. Notwithstanding anything to the contrary contained
in this Section, any w~i.J{;~~ti,:;,Q't.~xqeptiQns to, or variances from
said building restrictions shall be in compliance with
Governmental Regulations. The Developer shall have such right
and privilege to grant waivers, exceptions and variances, as
aforesaid, until either (a) the expiration of a period of fifteen
(15) years from the date of the recordation of this Declaration
among the Public Records of the County or (b) the sale by the
Developer or its successors or assigns in the ordinary course of
business, and not in bulk, of ninety-five percent (95%) of all
Lots in Glen Eagle, whichever shall last occur. Following the
occurrence of the last of the foregoing events to occur, the
right and privilege of the Developer to grant waivers, exceptions
and variances, as aforesaid, shall be delegated and assigned by
the Developer to and thereafter vest in the Design Review
Board. To the extent that any such waiver, exception or variance
is granted in a particular instance or with respect to any
particular Lot or Improvement pursuant to the provisions of this
Section, as aforesaid, the same shall not be deemed to be a
precedent for the granting of such or any similar waiver,
exception or variance in any other particular instance or any
other particular Lot or Improvement.
24
C/EEE:4719DECa-4
(09-30-88)
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ARTICLE IX
COMMON PROPERTY
9.1 Additional Property. In addition to the Common
Property described in Section 5.2 of this Declaration or included
within the term "Common Property" as defined in Article I of this
Declaration, the Developer, in its sole discretion, shall have
the right to convey to the Association and the Association shall
be obligated to accept any other portion of the Subject Property ~
or any other real property owned by the Developer so long as suc~ CJ
property is used or useful for any of the objects and purposes ~
for which the Association has been created and established. ~ ~
Should the Developer so convey any such additional property, the~
same shall thereupon become and thereafter continue to be Common8
Property which shall be subject to all covenants, conditions, ~ CJ
restrictions, easements and reservations set forth in this r co
Declaration with respect to all other Common Property. C~
9.2 Restriction on Use. Subsequent to the conveyance of
any Common Property to the Association by the Developer, the
Common Property shall, subject only to the easements specified in
Section 14.11 of this Declaration, be developed, improved,
maintained, used and enjoyed solely for the purposes specified in
this Declaration and in the instrument of conveyance and for the
common health, safety, welfare and passive recreation of the
residents of and visitors to the Glen Eagle Community and for no
other purpose or purposes whatsoever. No other use shall be made
of the Common Property without the prior written consent of the
Developer.
9.3 Restriction on Conveyance. Subject only to the
provisions of Section 12.5 of this Declaration, subsequent to the
conveyance of any Common Property to the Association by the
Developer, the Common Property may not be subdivided,
partitioned, sold, transferred, conveyed, alienated, leased,
mortgaged or hypothecated by the Association in any manner
whatsoever without the prior written consent of the Developer.
Neither shall the Common Property be abandoned by the Association
without the prior written consent of the Developer. Upon a
violation of the provisions of this Section 9.3, title to any
Common Property so subdivided, partitioned, sold, transferred,
conveyed, alienated, leased, mortgaged or hypothecated by the
Association without the prior written consent of the Developer
shall automatically revert to and become revested in the
Developer upon the filing by the Developer among the Public
Records of Seminole County of an appropriate declaration of its
intention to accept such reversion.
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9.4 Encumbrance as Security. Notwithstanding the
provisions of Section 9.3 above, the Association shall have the
right in accordance with this Declaration and its Articles of
Incorporation and By-Laws to (a) borrow money for the purpose of
improving, replacing, restoring or expanding the Common Property
25
C/EEE:4719DECa-4
(09-30-88)
and to mortgage or otherwise encumber the Common Property solely
as security for any such loan or loans and (b) engage in purchase
money financing with respect to personal property and equipment
purchased by the Association in connection with the performance
of its duties and obligations pursuant to this Declaration and to
secure the payment of the Purchase price therefor by the
encumbrance of the personal property and equipment so purchased;
it being expressly provided, however, that any such mortgage or
other encumbrance shall be subject in all respects to the terms
and provisions of this Declaration and any amendments hereto and,
provided further, that in no event shall the Association be ~
entitled or empowered to mortgage or otherwise encumber any m
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easements granted to it.
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9.5 Use by Owners. Subject to any reasonable rules and n
regulations adopted and promulgated by the Association pursuant 0
to and in accordance with the provisions of Section 9.9 of this ~
Declaration, and subject always to any and all easements granted"
by or reserved to the Developer in this Declaration, each and
every Owner shall have the non-exclusive right, privilege and
easement to use and enjoy the Common Property for the purpose or
purposes for which the same is conveyed, designated and intended
by the Developer and maintained by the Association, and such
nonexclusive right, privilege and easement shall be an
appurtenance to and shall pass with the title to each and every
Lot within the Subject Property; subject, however, at all times
to the terms, provisions, covenants, conditions, restrictions,
easements and reservations set forth in this Declaration
including, without limitation, the following, to wit:
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(a) The right of the Association to suspend the right,
privilege and easement of any Owner and the members of his
family, tenants, guests or other invitees to use the Common
Property or any portion thereof designated by the Association
during any time in which any Assessment levied by the
Association against such Owner and his Lot remains unpaid and
delinquent for a period of thirty (30) days or more or for a
period not to exceed thirty (30) days for any single
infraction of the Rules and Regulations of the Association
with respect to the use of the Common Property; provided,
however, that except for a suspension of such right,
privilege and easement occasioned by the failure of an Owner
to pay any Assessment within thirty (30) days from the date
that the same is levied by the Association, any suspension of
the right, privilege and easement to use and enjoy the Common
Property shall be made by the Association, or a committee
duly appointed by the Association for that purpose, only
after appropriate notice and hearing given and held in
accordance with the By-Laws of the Association.
Notwithstanding anything herein set forth to the contrary,
however, the Association shall have no right, power or
authority hereunder to suspend or otherwise unreasonably
interfere with any Owner's right, privilege and easement to
use the Common Streets and Roads for ingress and egress to
26
C/EEE:4719DECa-4
(09-30-88)
and from such Owner's Lot; it being expressly provided,
however, that temporary interference for purposes of
appropriate identification at and clearance through any Glen
Eagle security gate and guards shall not be deemed to be an
unreasonable interference with such right, privilege and
easement of and for ingress and egress.
(b) The right of the Association to li~it the number
of guests of Owners who may use the Common Property from time
to time and to limit the use of the Common Property by
persons not in possession of a Lot at a particular time
owning a sufficient interest therein for classification
Owner and member of the Association.
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(c) The right of the Association to establish, ~
promulgate and enforce reasonable Rules and Regulations g
pertaining and with respect to the use of the Common Propert~
pursuant to Section 12.3.7 of this Declaration. r
(d) The right of the Association to charge reasonable
admission and other fees to or for the use of the Common
Property, other than for the use of easements established
created or declared pursuant to this Declaration or the Plat.
(e) The right of the Association to take such steps as
are reasonably necessary to maintain, preserve and protect
the Common Property.
9.6 Delegation of Use. Any Owner shall be entitled to and
may delegate his right, privilege and easement to use and enjoy
the Common Property to the members of his family, his tenants,
guests or other invitees; subject, at all times, however, to such
reasonable Rules and Regulations governing such delegation as may
be established, promulgated and enforced by the Association
pursuant to Section 12.3.7 of this Declaration. In the event and
for so long as an Owner shall delegate such right, privilege and
easement for use and enjoyment to tenants who reside on his Lot,
the Association shall be entitled, after the adoption and
promulgation of appropriate Rules and Regulations with respect
thereto, to limit or restrict the right of the Owner making such
delegation to a tenant in the simultaneous exercise of such
right, privilege and easement of and for the use and enjoyment of
the Common Property.
9.7 Waiver of Use. No Owner may exempt himself from
personal liability for or exempt his Lot from any Assessments
duly levied by the Association, or release the Lot owned by him
from the liens, charges, encumbrances and other provisions of
this Declaration, or the Rules and Regulations of the Association
by (a) the voluntary waiver of the right, privilege and easement
for the use and enjoyment of the Common Property, (b) the
abandonment of his Lot or (c) by conduct which results in the
Association's suspension of such right, privilege and easement as
provided in Section 9.5 of this Declaration.
27
C/EEE:47l9DECa-4
(09-30-88)
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9.8 Administration and Care. The administration,
regulation, care, maintenance, repair, restoration, replacement,
preservation and protection of the Common Property shall be the
responsibility of the Association as more particularly provided
in Article XII of this Declaration and in the Articles of
Incorporation of the Association.
9.9 Rules and Regulations. In addition to "the foregoing
restrictions on the use of Common Property, the Association shalm
have the right, power and authority, subject to the prior writteg
consent and approval of Developer, to promulgate and impose ~
reasonable Rules and Regulations governing and/or restricting th~
use of Common Property and to thereafter change, modify, alter, ~
amend, rescind and augment any of the same; provided, however, ~ ~
that no rules or regulations so promulgated shall be in conflict. 00
with the provisions of this Declaration. Any such Rules and
Regulations so promulgated by the Association shall be applicable
to and binding upon all Common Property and all Owners and their
successors and assigns, as well as upon all members of their
families, their tenants, guests, and other invitees and upon all
other parties claiming by, through or under such Owners.
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9.10 Community Wall. The Owner of any Lot burdened by a
landscape and wall easement shown on the Plat may make any use of
the foregoing easement area that is not inconsistent with the
foregoing easement; but no attachment (including climbing vines
or other vegetation) may be made to the Community Wall, and no
permanent wall, building, or other structure may be installed,
maintained, restored, or permitted to remain on any Lot within
five (5) feet of the Community Wall, except (i) a side wall or
fence that substantially conforms to plans and specifications
approved by the Design Review Board, as provided in Article XV of
this Declaration, or (ii) as may be permitted by the
Association's rules and regulations, or (iii) with the
Association or the Design Review Board's advance written
consent. A Lot Owner shall be responsible for the maintenance of
that portion of the Lot falling within the interior of the
Community Wall and for the maintenance of the Community Wall.
The Association shall be responsible for the installation,
maintenance, restoration, and removal of (i) the Community Wall
and (ii) the landscaping located within any five (5) foot
landscape and wall easement to the exterior of the Community
Wall. The landscape and wall easements shown on the Plat include
the right of the Association to enter each Lot on which the
Community Wall is situated to install, maintain, restore, and
remove the Community Wall.
9.11 Payment of Assessments Not Substitute for Taxes. The
payment of Assessments from time to time established, made,
levied, imposed and collected by the Association pursuant to this
Declaration, including, without limitation, those for the
maintenance of the Common Property, including those Assessments
for maintenance of the landscape and wall easements shall not be
C/EEE:4719DECa-4
28
(09-30-88)
deemed to be a substitute for or otherwise relieve any Owner of
the Subject Property from paying any other taxes, fees, charges
or assessments imposed by the County, the City, or any other
governmental authority.
ARTICLE X
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10.1 Assessments for Common Expenses. In order to provide PI
for and assure the availability of the funds necessary to pay ~
Common Expenses as may be associated with and otherwise necessar~
for the Association to perform its duties and obligations .
pursuant to and in accordance with this Declaration and its
Articles of Incorporation and By-Laws and to otherwise carry out
and accomplish the objects and purposes for which the Association
has been created and established, each Lot and each Owner of such
Lot shall, by the acceptance of a deed or other conveyance of
title to his Lot, whether or not it shall be expressly stated in
any such deed or other conveyance, be obligated for and be deemed
to have covenanted and agreed to pay to the Association all
Assessments, whether the initial fee, Regular Assessments,
Capital Expenditure Assessments, Special Assessments or
Individual Lot Assessments, established, levied, made and imposed
by the Association pursuant to this Declaration. All such
Assessments shall be established, levied, made, imposed, enforced
and collected pursuant to the provisions of this Declaration and
the Articles of Incorporation, By-Laws and Rules and Regulations
of the Association.
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10.2 Common Expenses. The Common Expenses for which
Assessments shall be established, made, levied, imposed, enforced
and collected by the Association pursuant to this Declaration
shall be all costs and expenses incurred by the Association in
the discharge and performance of the duties and obligations of
the Association pursuant to this Declaration and the Articles of
Incorporation and By-Laws of the Association and in furtherance
of the objects and purposes for which the Association has been
formed, created and established, including, without limitation,
the following costs and expenses, to wit:
(a) Those incurred in the management and
administration of the business and affairs of the
Association, including, but not limited to, the salaries of
any employees of the Association and the fees or other
compensation paid to consultants to the Association,
including, without limitation, architects, engineers,
accountants and attorneys.
(b) Those incurred in connection with the ownership,
administration, management, regulation, care, maintenance,
repair, restoration, replacement, improvement, preservation,
and protection of the Common Streets and Roads and the Common
29
C/EEE:47l9DECa-4
(09-30-88)
Property, including, without limitation, the Community Wall,
and that portion of the landscape and wall easement located
on the exterior of the Community Wall.
(c) Reasonable reserves for repairs to and replacement
of the Common Property, including, without limitation, the
Community Wall, and that portion of the landscape and wall
easement located to the exterior of the Community Wall.
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(d) Those incurred for utility services to the
Association and the Common Property, including, without
limitation, electric power for irrigation systems.
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removal and disposal services provided to the Association ana ~
the Common Property (but not those provided to Lots).
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(f) Those incurred for Common Property landscape
maintenance and replacement, including irrigation.
(g) Those incurred as premiums on or for any insurance
obtained by the Association, including, without limitation,
fire, casualty, liability, health, medical, workman's
compensation and other insurance.
(h) All taxes, paid by the Association, including,
without limitation, ad valorem real and personal property
taxes on the Common Property, if any.
(i) Those incurred in connection with any payments by
the Association for the discharge of any lien or encumbrance
upon the Common Property or any portion thereof.
(j) Those incurred by the Design Review Board in the
performance of its duties and obligations pursuant to this
Declaration, including, without limitation, the fees of or
other compensation paid to consultants to the Design Review
Board, including architects, landscape architects, engineers
and attorneys.
(k) Those incurred from time to time by any committees
of the Association which are reasonably connected to the
discharge of the duties and obligations of the Association
pursuant to this Declaration.
(1) Those incurred in connection with the acquisition
and repayment of any loans made to the Association, including
the principal of, interest on and closing costs and other
charges associated with any such loan or loans and/or
purchase money financing engaged in by the Association.
(m) Those incurred in connection with the enforcement
of the provisions of this Declaration, including the fees,
costs and expenses of any attorney retained or employed by
the Association for that purpose.
30
C/EEE:47l9DECa-4
(09-30-88)
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10.3 Use of Assessments. The funds received and derived
from any and all Assessments made by the Association shall be
used exclusively for the performance of the duties and
obligations of the Association pursuant to this Declaration, the
payment of Common Expenses, the operation and administration of
the Association and the promotion of the health, safety, and
general welfare of the residents of Glen Eagle and for the
benefit of the Glen Eagle Community generally.
10.4 Prohibited Use of Assessments. Notwithstanding
anything to the contrary set forth in or otherwise implied from
the terms and provisions of this Declaration, generally, or ~
Sections 10.1 and 10.2 of this Declaration, in particular, the ~
Association shall not have the power or authority to use, make, 0
levy, impose, enforce and collect and is hereby expressly ~
prohibited from using, making, levying, imposing, enforcing andg
collecting any Assessment for the purpose, in whole or part, of~
financing the prosecution of or otherwise supporting any actual:
or contemplated litigation, including any and all appeals related
thereto, against the Developer with respect to matters related to
Glen Eagle or its development or operation. If, notwithstanding
the foregoing prohibition, the Association shall attempt to use,
make, levy, impose, enforce and collect any Assessment for such
prohibited purpose or use, the Developer and any Lot or other
property owned by Developer within Glen Eagle shall be and are
hereby exempted from any such Assessment or attempted Assessment.
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10.5 Lien for Assessments. All Assessments established,
made, levied, and imposed by the Association pursuant to this
Declaration, together with interest, late charges, costs and
expenses, including attorneys' fees associated with the
collection thereof (whether suit be brought or not), shall be a
charge and a continuing lien upon each Lot against or with
respect to which any such Assessment is made or levied.
10.6 Personal Liability for Assessments. In addition to the
foregoing lien for such Assessments, each such Assessment,
together with interest, late charges, costs and expenses,
including attorneys' fees associated with the collection thereof
(whether suit be brought or not), as aforesaid, shall also be the
personal obligation and liability of the Owner of the Lot against
or with respect to which any such Assessment is made, levied or
imposed at the time such Assessment is so made, levied or
imposed. Such personal liability for Assessments made, levied or
imposed pursuant to this Declaration prior to the sale, transfer
or other conveyance of a particular Lot shall not, by virtue of
any such sale, transfer or other conveyance, pass to such Owner's
successor or successors in title unless such personal liability
of the Owner shall be expressly assumed as the personal
obligation of such successor or successors in title; provided,
however, that no such assumption of personal liability by such
31
C/EEE:4719DECa-4
(09-30-88)
successor or successors in title shall believe any Owner
otherwise personally liable for payment of Assessments from the
personal liability and obligation for the payment of the same.
10.7 Types of Assessments. The Association is hereby
authorized and empowered to establish, make, levy, impose,
enforce and collect an initial fee and those Regular Assessments,
Capital Expenditure Assessments, Special Assessments and
Individual Lot Assessments for which provision is made in this
Declaration. The initial fee shall be collectible from the Owner~
of a Lot upon the Owner's acquisition of title to the Lot. The ~
initial fee shall not exceed ONE HUNDRED AND NO/lOO DOLLARS Z
($100.00) for calendar year 1988. Subsequent to calendar year ~
1988, the amount of the initial fee shall be established and ~
determined by the Board not later than thirty (30) days prior to ~
the beginning of each calendar year. The Board shall establish ~
the initial fee for each calendar year based on the estimated
cost of preparing any paperwork or taking any other action or
behalf of the Association necessary in connection with the
transfer of title to a Lot.
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10.8 Regular Assessments. The Association shall be and is
hereby authorized, empowered and directed to establish, levy,
make, impose, enforce and collect during each calendar year a
Regular Assessment for Common Expenses to be incurred by the
Association during such calendar year in the performance of its
duties and obligations pursuant to this Declaration. Such
Regular Assessments shall be established, made, levied, imposed,
enforced, collected and otherwise governed by the following
provisions, to wit:
10.8.1 Initial Regular Assessment. The initial or
first Regular Assessment for calendar year 1988 shall not
exceed TWO HUNDRED FIFTY AND NO/lOO DOLLARS ($250.00) per
Lot.
10.8.2 Rate of Regular Assessments. Subsequent to
calendar year 1988 the amount of the Regular Assessment for
each calendar year shall be established and determined by the
Board not later than thirty (30) days prior to the beginning
of each calendar year. The Board shall establish the Regular
Assessment for each calendar year based upon a pro forma
operating statement or estimated budget for such calendar
year which in turn shall be based, among other things, upon
an estimate of the total Common Expenses likely to be
incurred during such calendar year, taking into account the
previous operating history of and any surplus funds (not
including reserves) held by the Association. The Association
shall, at least thirty (30) days prior to the establishment
of the Regular Assessment for the next succeeding calendar
year, provide to each Owner a copy of the pro forma operating
statement or estimated budget to be used by the Association
in the establishment of the Regular Assessment for the next
succeeding calendar year. The total amount of the Common
32
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10.8.3 Notice of Regular Assessments. Not later thann1
fifteen (15) days prior to the beginning of each calendar ~
year the Association shall provide written notice to each ~
Owner of the amount of the Regular Assessment established,
made, levied and imposed for the next succeeding calendar
year and the dates upon which installments for the same shall
become due and payable.
Expenses so estimated shall be divided by the total number of
Lots within the Subject Property in order to determine the
amount of the Regular Assessment for each Lot for such
calendar years it being expressly provided, however, that in
the case of the common ownership of more than one (1) platted
Lot (i.e., one (1) Lot and a portion of another Lot or two
(2) or more Lots) and the combination, development and
improvement of the same as a single unified home site as
otherwise provided in this Declaration, the same shall be
deemed, for Assessment purposes, to be a single Lot.
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10.8.4 Commencement of Regular Assessments. Unless
otherwise determined by the Board of Directors of the
Association, regular Assessments shall commence as to all
Lots on the first day of the month following the first
conveyance of a Lot by the Developer to any third-party
individual Owner.
10.8.5 Insufficient Regular Assessments. In the event
that the Association shall determine during any calendar year
that the Regular Assessment established for such calendar
year is or will become inadequate or insufficient to meet all
Common Expenses for such calendar year, for whatever reason,
the Association shall be entitled to immediately determine
the approximate amount of the deficiency or inadequacy of the
Regular Assessment for such fiscal year, issue a supplemental
estimate of Common Expenses to all members of the Association
and within thirty (30) days thereafter establish, make, levy,
impose, enforce and collect a supplemental or revised Regular
Assessment for such calendar year.
10.8.6 Limitation on Increases. After the
Association's first full calendar year of operation the
Association shall not establish, make, levy, impose, enforce
and collect any Regular Assessment which is increased over
the amount of the Regular Assessment for the immediately
preceding calendar year by more than twenty-five percent
(25%) without the prior approval of a majority of each class
of members who are voting in person or by proxy at a meeting
of the Association duly called for such purpose and of which
written notice specifying the amount of a proposed increase
in the Regular Assessment over the Regular Assessment for the
prior fiscal year is sent to each member of the Association
at least thirty (30) days in advance of such meeting.
33
C/EEE:4719DECa-4
(09-30-88)
10.8.7 Payment of Assessments. Regular Assessments
shall be due and payable in advance in monthly or quarterly
installments as determined by the Board of Directors of the
Association, in its reasonable discretion. Such installments
shall be due and payable without any further notice other
than that notice specified in Section 10.8.3 above.
10.8.8 Developer Option. Notwithstanding anything set
forth in this Declaration to the contrary, until such time as
Class B membership in Association is converted to Class A
membership as provided in Section 13.6.2 of this Declaration~
the Developer shall have the option of either: (a) paying th~
Regular Assessment with respect to each Lot owned by the ~
Developer from time to time, the same as any other Owner or ~
(b) paying the difference between the actual Common Expenses?
incurred by the Association for a particular calendar year ~
over the total amount of Regular Assessments levied by the .
Association against all other Lots (i.e., Lots not owned by
Developer) and Owners during such year.
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10.8.9 Reserves. The Regular Assessments shall
include reasonable amounts as determined by the Board of
Directors of the Association to be collected as reserves for
such other purpose or purposes as shall be determined by the
Board of Directors of the Association, in its reasonable
discretion. Such portion of Regular Assessments representing
amounts collected as reserves, whether pursuant to this
Section 10.8.9 or otherwise, shall be deposited by the
Association in a separate interest bearing bank account to be
held in trust by the Association for the purpose or purposes
for which the same are collected and are to be segregated
from and not commingled with any other funds of the
Association.
10.9 Capital Expenditure Assessments. In addition to the
other Assessments for which provision is made in this
Declaration, the Association shall be and is hereby authorized
and empowered to establish, make, levy, impose, enforce and
collect from time to time Capital Expenditure Assessments for the
purpose of defraying, in whole or in part, the cost of any
construction or reconstruction or the unexpected repair or
replacement of any capital improvement to or upon the Common
Property or the cost of the initial purchase or any subsequent
unexpected repair or replacement of any equipment or personal
property purchased, repaired or replaced by the Association in
furtherance of the discharge of its duties and obligations
pursuant to this Declaration; provided, however, that any such
Capital Expenditure Assessment shall have the prior approval of
two-thirds (2/3) of all classes of members who are voting in
person or by proxy at a meeting of the Association duly called
for such purpose and of which written notice specifying the
nature of the proposed capital expenditure and the amount of the
proposed Capital Expenditure Assessment is sent to all members of
the Association at least thirty (30) days in advance of such
34
C/EEE:4719DECa-4
(09-30-88)
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meeting. All sums collected as Capital Expenditure Assessments
shall be used only for the capital improvements or purchases for
or with respect to which such Capital Expenditure Assessment has
been approved and such sums shall be deposited by the Association
in a separate interest bearing bank account, not commingled with
any other funds of the Association, to be held in trust by the
Association for such purposes.
10.10 Special Assessments. In addition to other Assessments~
for which provision is made in this Declaration, the Association~
shall be and hereby is authorized and empowered to establish, ~
make, levy, impose, enforce and collect from time to time Specia~
Assessments for any purpose directly related to the discharge of~
its duties and obligations pursuant to this Declaration, ~
provided, however, that any such Special Assessment shall have .
the prior approval of two-thirds (2/3) of all classes of members
of the Association who are voting in person or by proxy at a
meeting of the Association. duly called for such purpose and of
which written notice specifying the nature and amount of the
proposed Special Assessment is sent to all members of the
Association at least thirty (30) days in advance of such
meeting. All sums collected as Special Assessments shall be used
only for the purpose for which such Special Assessment is
established, made, levied, imposed, enforced and collected and
shall be deposited in a separate interest bearing bank account,
not commingled with any other funds of the Association, and held
in trust by the Association for such purpose.
10.11 Individual Lot Assessments. In addition to any other
Assessments for which provisions are made in this Declaration,
the Association shall be and hereby is authorized and empowered
to establish, make, levy, impose, enforce and collect against and
from a particular Lot and the Owner of such Lot an Individual Lot
Assessment for:
(a) costs and expenses incurred by the Association in
bringing a particular Owner of his particular Lot into
compliance with the provisions of this Declaration, including
any action taken or cost or expense incurred by the
Association to cure and eliminate any violation of or
noncompliance with the provisions of this Declaration,
following the failure of such Owner, within fourteen (14)
days following written notice from the Association of the
nature of the violation of or non-compliance with this
Declaration, to cure or remedy such violation or non-
compliance;
(b) costs and expenses, including reasonable
attorneys' fees, whether or not suit be brought, incurred by
the Association in the enforcement of the provisions of this
Declaration against a particular Lot or the Owner of such
Lot;
35
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(09-30-88)
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(c) costs and expenses incurred by the Association in
furnishing or providing labor, services and materials which
benefit a particular Lot or the Owner of a particular Lot
provided that such labor, services or materials can be
accepted or rejected by such particular Owner in advance of
the Association's furnishing or providing the same such that
upon such Owner's acceptance of any such labor, services or
materials such Owner shall be deemed to have ~greed that the
costs and expenses associated therewith shall be made,
levied, imposed, collected and enforced as an Individual Lot
Assessment against such particular Owner and his particular
Lot; and
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(d) reasonable overhead expenses of the Association
associated with any Individual Lot Assessment, established,
made, levied, imposed, collected and enforced pursuant to
this Section 10.11, in an amount not to exceed fifteen
percent (15%) of the actual costs and expenses incurred by
the Association for any Individual Lot Assessment specified
in subparagraph (a), (b) or (c) of this Section 10.11.
10.12 Quorum for Action Authorized Under Sections 10.8.6,
10.9 and 10.10. The quorum required at any meeting of the
Association for any action authorized pursuant to Sections
10.8.6, 10.9 and 10.10 of this Declaration shall be as follows:
At the first meeting called for the purpose of taking any such
action the presence at such meeting, in person or by proxy, of
members of the Association entitled to cast fifty percent (50%)
of all of the votes of the members shall constitute a quorum. If
the required quorum is not forthcoming at such first meeting, a
subsequent meeting may be called for the same purpose, subject to
the notice requirements set forth in said Sections 10.8.6, 10.9
and 10.10, and the required quorum at any such subsequent meeting
shall be one-half (1/2) of the required quorum at the first
meeting; provided, that no such subsequent meeting shall be held
more than sixty (60) days following the preceding meeting.
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10.13 Uniformity of Assessments. Except for Individual Lots
Assessments for which provision is made in Section 10.11 of this
Declaration, all Assessments shall be uniformly fixed at an equal
amount per Lot and shall be collected on a uniform basis from the
Owner of each Lot.
10.14 Exempt Property. Any property, other than a Lot, which
is owned by or dedicated to and accepted by any governmental body
or agency, shall be exempt from any Assessments. All property
otherwise exempted from taxation by the laws of the State of
Florida or the United States of America shall also be exempt from
all Assessments; but only upon the same terms, subject to the
same conditions and only to the extent of any such exemption from
taxation. .
10.15 Subordination of Assessment Lien. The lien of and for
all Assessments provided for in this Declaration shall be and is
36
C/EEE:47l9DECa-4
(09-30-88)
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hereby made junior, inferior and subordinate in all respects to
the lien of any bona fide first mortgage held by an Institutional
Lender upon a particular Lot. The sale, transfer or conveyance
of title to a particular Lot shall not affect the effectiveness,
viability or priority of any Assessment lien or the personal
liability of the Owner of such Lot for the payment of any
Assessment; provided, however, that the sale, transfer or
conveyance of title to a particular Lot pursuant ~o judicial ~
proceedings in foreclosure of a bona fide first mortgage on such~
Lot held by an Institutional Lender shall extinguish the lien of~
such Assessments (but not the personal liability of the Owner ofm
such Lot) as to payments on account thereof which became due and~
payable prior to such foreclosure sale, transfer or conveyance. ~ CJ
However, no such foreclosure sale, transfer or conveyance shall QD
relieve such Lot or the Owner of that Lot from the personal
obligation or liability for the payment of any Assessments
accruing or becoming due and payable subsequent to such sale,
transfer or conveyance from the lien thereof.
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10.16 Certificate of Assessments Due. The Association shall,
upon the request of an Owner or any other interested party,
furnish a certificate executed by its President, Secretary,
Treasurer or any other officer thereunto duly authorized, setting
forth whether Assessments payable with respect to a particular
Lot have been paid, the amount of the delinquency, if any, and
the amounts of any outstanding and unpaid interest, late charges,
penalties, costs of collection, including attorneys' fees and
court costs, if any, associated with any such delinquent
Assessments. A properly executed certificate of the Association
as to the status of Assessments, as aforesaid, shall be binding
upon the Association as conclusive evidence of the status of the
payment of any Assessment therein stated to have been paid or to
be delinquent as of the date of the issuance of such
certificate. The Association shall be entitled to charge and
collect a reasonable fee for and as a condition precedent to the
issuance of any such certificate.
10.17 No Defenses or Offsets. All Assessments shall be
payable in the amounts and at the times specified in any Notice
of Assessment and no defenses or offsets against the payment of
such amount shall be permitted for any reason whatsoever,
including, without limitation, any claim by an Owner that (i) the
Association is not properly exercising its rights and powers or
performing or discharging its duties and obligations as provided
in this Declaration or its By-Laws; (ii) an Owner and his family
has made or elected to make no use of the Cornmon Property; (iii)
the Owner and his family have otherwise waived or elected to
waive their membership in the Association; or (iv) the
Association has suspended the right, privilege and easement or
such Owner and his family to use the Cornmon Property as provided
in Section 9.5 of this Declaration.
10.18 Waiver of Homestead and other Exemptions. Each Owner,
by the acceptance of a deed or other conveyance to his Lot,
37
C/EEE:4719DECa-4
(09-30-88)
.'
shall, to the extent permitted by applicable law, be deemed to
have waived, to the extent of any lien for Assessments at any
time imposed upon such Lot pursuant to this Declaration, the
benefit of any homestead or similar exemption laws of the State~
of Florida or the United States of America now in effect or ~
hereafter enacted. ~
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NON-PAYMENT OF ASSESSMENTS
11.1 Delinquency. Any Assessment established, made, levied
or imposed by the Association pursuant to and in accordance with
this Declaration which is not paid on its due date shall be
delinquent. With reasonable promptness after any Assessment
becomes delinquent, the Association shall provide written notice
of such delinquency to the Owner of the Lot with respect to which
such delinquent Assessment has been made, levied and imposed. If
the delinquent Assessment is not paid within ten (10) days
following the delivery of such notice of delinquency, the
Association, in its discretion, shall be entitled to immediately
impose a reasonable late charge associated with the
administration of such delinquent Assessment. Additionally, any
such unpaid Assessment shall bear interest from the date of
delinquency at the highest rate then allowed by the laws of the
State of Florida or such lesser rate as shall be determined by
the Board of Directors of the Association, in its discretion.
11.2 Notice of Lien. The Association shall, at any time
following the expiration of a period of ten (10) days following
the aforesaid delivery of the notice of delinquency, be entitled
to cause a Claim of Lien for such delinquent Assessments to be
filed among the Public Records of Seminole County, Florida. Any
such Claim of Lien shall, among other things, state and identify
the legal description of the Lot against or with respect to which
the lien is claimed, the name of the record Owner of such Lot as
best known to the Association as determined from its records, the
amount of the lien claimed, including interest, late charges, and
costs and expenses associated with collection, including
attorneys' fees, if any, accrued to the date of the execution of
such Claim of Lien. Such Claim of Lien shall be executed by the
President, Secretary, Treasurer or other officer of the
Association thereunto duly authorized by the Association or by
the attorney for the Association. Within seven (7) days of the
recording of the same, a copy of such Claim of Lien shall be sent
to the Owner of the Lot against or with respect to which such
lien is claimed by either: (a) United States certified or
registered mail with return receipt requested and with postage
prepaid or (b) hand delivery to the owner.
11.3 Foreclosure of Assessment Lien. The Association shall,
at any time subsequent to the filing of the aforesaid Claim of
Lien among the Public Records of Seminole County, Florida against
38
C!EEE:4719DECa-4
(09-30-88)
or with respect to a particular Lot, be entitled to bring an
action in the Circuit Court of the Eighteenth Judicial Circuit in
and for Seminole County, Florida to foreclose the lien of the
Association for delinquent Assessments evidenced by such Claim of
Lien in the same manner as mortgage liens are foreclosed. Any
judicial sale pursuant to such foreclosure action shall be
conducted as ordered by the Court or in accordance with the ~
provisions of Section 45.031 Florida Statutes, as amended or ~
replaced from time to time. The Association shall have the righe
and power to bid at any foreclosure sale with respect to any li~
foreclosed by it using its judgment for the delinquent n
Assessment, Association funds, or funds otherwise borrowed by th~
Association for that purpose, and if the successful bidder at ~
such foreclosure sale, to acquire, own, hold, lease, sell,
mortgage and convey any Lot upon or with respect to which it has
foreclosed its lien for delinquent Assessments.
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11.4 Collection from Owner. The Association shall, at any
time following the delivery of the aforesaid notice of
delinquency, also be entitled to bring an action at law for the
recovery and collection of such delinquent Assessment in the
Circuit Court of the Eighteenth Judicial Circuit in and for
Seminole County, Florida against the Owner of the Lot personally
obligated for the payment of such delinquent Assessment. Each
Owner of a Lot, by the acceptance of a deed or other conveyance
of the Lot owned by him shall be deemed to have agreed and
consented to the jurisdiction of said Court over the person of
such Owner for purposes of any action at law for the recovery and
collection of any delinquent Assessment for the payment of which
he is personally obligated.
11.5 Judgment Amount. Whether in an action at equity to
foreclose the lien of the Association for delinquent Assessments
or in an action at law for the recovery and collection of any
such delinquent Assessment from the Owner of the Lot personally
obligated for the payment of the same, the Association shall be
entitled to recover in such proceedings the amount of such
delinquent Assessment, together with late charges and interest
thereon, if any, and such costs and expenses, including
reasonable attorneys' fees, associated with the enforcement,
recovery and collection thereof as may be awarded by the Court.
11.6 Remedies Cumulative. The remedies herein provided for
the collection and enforcement of Assessments and the foreclosure
of the lien therefor shall be cumulative and not alternative; it
being expressly provided that any suits brought for the
collection of assessments against the Owner personally obligated
and liable for the payment of the same and for the foreclosure of
the lien herein provided against the Lot involved may be brought
simultaneously as separate counts in the same action.
11.7 Satisfaction of Lien. Upon payment or other
satisfaction of (a) all delinquent Assessments specified in the
Claim of Lien, (b) interest, late charges, costs and expenses of
39
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(09-30-88)
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ARTICLE XII
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ASSOCIATION: PURPOSES, DUTIES & POWERS
12.1 Objects and Purposes and Function. The Association has
been created and established for the objects and purposes of and
shall have exclusive jurisdiction over and the sole
responsibility for the establishment, levy, imposition,
enforcement and collection of all Assessments for which prov~s~on
is made in this Declaration, the payment of all Common Expenses,
as defined in this Declaration, and the promotion and advancement
of the health, safety and general welfare of the members of the
Association; all as more particularly provided in this
Declaration and in the Articles of Incorporation, By-Laws and
Rules and Regulations of the Association.
12.2 Duties and Powers, Generally. In addition to those
duties and powers conferred by law and those specified and
enumerated in its Articles of Incorporation and By-Laws, the
Association shall also have such duties and powers as are,
respectively, imposed and conferred upon it pursuant to this
Declaration, including, without limitation, such duties and
powers as may be reasonably implied from, necessary for and
incidental to the accomplishment of the objects and purposes for
which the Association has been created and established.
12.3 Duties of Association. The Association, acting by and
through its Board of Directors, shall, in addition to those
general and specific duties, responsibilities and obligations
imposed upon it by law and those specified in its Articles of
Incorporation and By-Laws, have the following specific duties,
responsibilities and obligations, to wit:
12.3.1 Payment of Common Expenses. To pay all Common
Expenses associated with the management and administration of
the business and affairs of the Association and all other
Common Expenses for which provision is made in this
Declaration.
40
C/EEE:4719DECa-4
(09-30-88)
12.3.2 Levy and Collection of Assessments. To
establish, make, levy, impose, enforce and collect all
Assessments for which provision is made in this Declaration
or which shall otherwise be necessary to provide and assure
the availability of such funds as may be reasonably necessary
to pay all Common Expenses or otherwise conduct the business
and affairs of the Association.
12.3.3 Other Services. To provide and perform such
other services and tasks, the responsibility for which has
been expressly or impliedly delegated to the Association
pursuant to this Declaration.
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12.3.4 Insurance. To provide adequate insurance
protection on and for the Common Property and, consistent
with their respective duties, responsibilities and
liabilities, provide adequate insurance protection on and for
the Association itself and on and for its members, officers
and directors, as well as for the members of the Design
Review Board established pursuant to this Declaration.
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12.3.5 Preserve and Enhance Beauty of Glen Eagle. To
preserve, protect, maintain and enhance the appearance and
natural beauty of the Common Property and the Glen Eagle
community generally.
12.3.6 Promotion of Health, Safety & Welfare. To
advance, promote, enhance and protect the health, safety and
general welfare of the members of the Association, the
residents of Glen Eagle and the Glen Eagle community
generally; provided, however, that the Association shall be
and hereby is specifically prohibited from engaging in any
political activity or any other activity whereby its status
as a corporation not-for-profit or its exemption from Federal
or state income taxation, if any, shall be forfeited or
jeopardized.
12.3.7 Establish and Enforce Rules and Regulations.
To make, establish, promulgate and publish, and to enforce
such Rules and Regulations for the protection and governing
the use of the Common Property as the Board of Directors of
the Association deems to be in the best interest of the
Association and its members.
12.3.8 Other Activities. To engage in any and all
other activities permitted to be engaged in by a corporation
not-for-profit under the laws of the State of Florida as may
be necessary or appropriate for the achievement of the
objects and purposes for which the Association has been
created, formed and established.
12.3.9 Operate Without Profit. To operate without
profit for the sole and exclusive benefit of its members and
the Glen Eagle community generally.
41
C/EEE:4719DECa-4
(09-30-88)
12.4 Powers of Association.- The Association, acting by and
through its Board of Directors, shall, in addition to those
general and specific powers conferred upon it by law and those
powers specified in its Articles of Incorporation and By-Laws,
have the following specific powers, to wit:
12.4.1 Own and Deal with Common Property. Except as
may be limited by the terms of this Declaration and the
Articles of Incorporation and By-Laws of the Association, to~
acquire, own, hold, control, administer, manage, operate, ~
regulate, care for, maintain, repair, replace, restore,
preserve, protect, buy, sell, lease, transfer, convey,
encumber or otherwise deal in or with real or personal 8
property, (or any interest therein, including easements) ~
which is, or upon its acquisition by the Association shall I
thereupon become, Common Property as defined in this
Declaration.
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12.4.2 Levy & Collect Assessments. To establish,
make, levy, impose, enforce and collect all Assessments and
impose, foreclose and otherwise enforce all liens for
Assessments for which provision is made in this Declaration
in accordance with the terms and provisions of this
Declaration and the Articles of Incorporation and By-Laws of
the Association.
12.4.3 Establish Reserves. To create, establish,
maintain, and administer such capital expenditure reserve and
other reserve funds or accounts as shall, in the discretion
of the Board of Directors, be reasonably necessary to provide
and assure the availability of the funds necessary for the
care, maintenance, repair, replacement, restoration,
preservation, and protection of all Common Property,
including all easements and facilities, and for such other
purposes as the Board of Directors of the Association, in its
reasonable discretion shall deem necessary or appropriate.
12.4.4 Sue and Be Sued. To sue and be sued and to
defend any suits brought against it.
12.4.5 Borrow Money. Subject to the limitations
specified in Section 12.5 of this Declaration and in the
Articles of Incorporation of the Association, to borrow such
money as may reasonably be required to discharge and perform
the duties, responsibilities and obligations imposed upon the
Association pursuant to this Declaration and the Articles of
Incorporation of the Association.
12.4.6 Employ and Contract. To employ such persons or
to contract with such independent contractors or managing
agents as shall be reasonably required in order for the
Association to carry out, perform and discharge all or any
part of its duties, obligations and responsibilities pursuant
42
C/EEE:47l9DECa-4
(09-30-88)
.
to this Declaration and the Articles of Incorporation of the
Association; provided, however, that any such employment
contract or contract with any independent contractor or
managing agent for a term of more than one (1) year shall, by
its express terms, be terminable (i) for cause at any time
upon not more than thirty (30) days written notice by the
Association and (ii) without cause at any time after one (1)
year upon not more than sixty (60) days written notice by
either party; and, provided further, that any such contract
shall otherwise be subject to the provisions of Section 12.5 ~
of this Declaration. ~
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12.4.7 Provide Insurance. To provide and contract fou~
such insurance protection on and for the Association and theg
Common Property and, consistent with their respective duties~
responsibilities and liabilities, on and for the members, : ~
officers and directors of the Association as well as on and
for the members of the Design Review Board established
pursuant to this Declaration.
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12.4.8 Provide Public or Quasi Public Services. To
itself provide equipment, facilities and personnel for or to
contract with an independent contractor or independent
contractors for such public or quasi-public services as maybe
deemed by the Association to be reasonably necessary or
desirable for the common health, safety and general welfare
of the residents of Glen Eagle and the Glen Eagle community
generally, including, without limitation, internal security
and protection services, garbage and trash pickup and
disposal services, cable television services and street
lighting services.
12.4.9 Enforce Declaration. To take such steps as may
be necessary to enforce the provisions of this Declaration,
including, without limitation the employment of counsel and
the institution and prosecution of litigation to enforce the
provisions of this Declaration including, without limitation,
such litigation as may be necessary to collect assessments
and foreclose liens for which provisions are made in this
Declaration.
12.5 Limitations and Restrictions on Power of Association.
In addition to such other restrictions or limitations on the
powers of the Association as may be imposed by law, elsewhere in
this Declaration or in the Articles of Incorporation or By-Laws
of the Association, and without limiting the generality of any
thereof, the Association shall be prohibited from taking any of
the following actions without the prior approval of a majority of
the total voting power of the Association, to wit:
(a) Contracts for a Term in Excess of One Year. The
entry into any employment contracts or other contracts for
the delivery of services or materials to the Association
having a term in excess of one (1) year, except in the case
43
C/EEE:47l9DECa-4
(09-30-88)
of prepaid insurance, casualty or liability contracts or
policies for not more than three (3) years duration; provided
that the applicable contract or policy provides for and
permits short rate cancellation by the insured.
(b) Pledge of Assessment Rights. The borrowing of any
funds secured by a pledge, assignment or encumbrance of the
right and duty of the Association to exercise its power to ~
establish, make, levy, impose, enforce and collect any ~
Assessments for which provision is made in this Declaration ~
whereby as a result of such pledge, assignment or encumbranc6P
such right and power of assessment may be exercised by a ~
party other than the Association or whereby the Association ~
shall become obligated to establish, levy, enforce and ~
collect any Assessment or Assessments in a particular amount'
or within a particular time so as to effectively divert from
the Association and its Board of Directors the right, duty
and discretion to establish, make, levy, impose, enforce and
collect Assessments in such amounts and within such time
periods as the Board of Directors of the Association, in its
discretion, shall deem to be necessary and reasonable. It is
expressly provided, however, that the foregoing limitation
and restriction upon the pledge, assignment or encumbrance of
the assessment rights herein contained shall not preclude the
Association from pledging or making an assignment of or
otherwise encumbering any Assessment which is then payable to
or which will thereafter, in the ordinary course of the
Association's business, become payable to the Association
provided that any such assignment, pledge or encumbrance,
though then presently effective, shall allow and permit any
such Assessments to continue to be paid to and used by the
Association as set forth in this Declaration unless and until
the Association shall default on the repayment of the debt
which is secured by such pledge, assignment or encumbrance.
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(c) Sale or Transfer of Real Property. The sale,
transfer or other disposition, whether or' not for
consideration, of any real property owned by the Association
as Common Property; provided, however, in no event shall the
Association be entitled or empowered to sell, conveyor
transfer any real property constituting Common Property
transferred and conveyed by the Developer to the Association
pursuant to the provisions of Section 9.1 of this Declaration
without first receiving the prior written consent of the
Developer.
(d) Payment of Compensation to Officers or
Directors. The payment to the elected directors or to
officers of the Association for services performed in the
conduct of their duties as such director or officer of the
Association; provided, however, that nothing herein contained
shall preclude the Association from reimbursing any such
elected director or officer for reasonable expenses actually
incurred and paid by any such elected director or officer in
44
C/EEE:47l9DECa-4
(09-30-88)
the conduct of the business and affairs of the Association;
and provided, further, that nothing herein contained shall
preclude the employment by the Association and payment of
compensation to a manager or executive director of the
Association who shall not be an elected director or officer
of the Association.
ARTICLE XIII
ASSOCIATION: MEMBERSHIP AND VOTING RIGHTS
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13.1 Membership. Every Owner shall automatically and
mandatorily be a member of the Association upon becoming an
Owner. Additionally, the Developer shall automatically and ~
mandatorily be a member of the Association. Membership may not r C)
be refused, waived or surrendered, but a member's voting rights
and use and enjoyment of the Cornmon Property may be regulated or
suspended as provided in this Declaration and the Articles of
Incorporation, By-Laws and Rules and Regulations of the
Association.
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13.2 Transfer of Membership. Membership in the Association
shall be appurtenant to and may not be separated from the
ownership interest of an Owner in the Lot, piece, parcel or tract
of land within the Subject Property owned by such Owner. The
membership of an Owner in the Association shall not be
transferred, pledged or alienated in any way, except that such
membership shall automatically be transferred and assigned to a
transferee upon the transfer of the ownership interest required
for membership in the Association. The Association shall have
the right to record any such automatic transfer upon the books
and records of the Association without any further action or
consent by the transferring Owner or any transferee Owner. Any
attempt to make a prohibited transfer of membership, however,
shall be void and of no force and effect and will not be
reflected upon the books and records of the Association.
13.3 Members' Rights. The rights of every member of the
Association shall be subject to and governed by the terms and
provisions not only of this Declaration, but, in addition, shall
at all times be subject to the terms and provisions of the
Articles of Incorporation, By-Laws and Rules and Regulations of
the Association.
13.4 Builders Excluded. Notwithstanding the foregoing
provisions of this Article XIII, a builder or building contractor
who, in the normal course of his or its business, purchases and
thereby becomes the record Owner of a Lot for the purposes of
constructing thereon a residential dwelling and related
improvements for resale to and occupancy by a third party, shall
not thereby become a member of the Association. Any Lot so owned
and held by builder or building contractor shall, for the
purposes of voting pursuant to this Declaration and the Articles
of Incorporation and By-Laws of the Association be deemed to be
owned by the Developer.
45
C/EEE:47l9DECa-4
(09-30-88)
13.5 Voting Rights. An Owner's right to vote shall vest
immediately upon such Owner's qualification for membership as
provided in this Declaration and the Articles of Incorporation
and By-Laws of the Association. All voting rights of a member
shall be exercised in accordance with and subject to the
restrictions and limitations provided in this Declaration and
the Articles of Incorporation, By-Laws and Rules of the
Association.
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13.6 Classes of Voting Membership; Number of Votes. The
Association shall have two (2) classes of voting membership as
follows:
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13.6.1 Class A. Class A members shall be all Owners
of Lots classified as Residential Property, with the exception of
the Developer, until Class B membership has been converted to
Class A membership, as provided in Section 13.6.2 of this
Declaration and in the Articles of Incorporation of the
Association, and after such conversion all Owners of Lots
classified as Residential Property shall be Class A members.
Class A members shall be entitled to one (1) vote for each Lot in
which they hold the ownership interest required for membership;
provided, however, that in the event that two (2) or more
contiguous Lots or one (1) Lot and a portion of another Lot are
owned in common by the same Owner and combined, developed and
improved by such Owner as a single unified residential homesite,
the Owner of any such combination of Lots shall only be entitled
to one (1) vote for each such combination of Lots so owned. When
more than one person or entity holds the ownership interest
required for membership in the Association, each such person or
entity shall be a member, but the single vote of such members
with respect to the Lot owned by them shall be exercised as they,
among themselves, determine. However, in no event shall more
than one (1) Class A vote be cast with respect to any Lot which
is owned by more than one person or entity. The Association may,
but shall not be obligated to, recognize the vote or written
assent of any co-owner of a Lot, but the Association shall
recognize the vote or written assent of a particular co-owner who
or which is designated by all co-owners entitled to cast the vote
attributable to the Lot owned by such co-owners, provided that
such written designation shall be delivered to the Association
not less than twenty-four (24) hours prior to the taking of the
particular vote in question.
13.6.2 Class B. The Class B member shall be the
Developer. The Class B member shall be entitled to five (5)
votes for each Lot classified as Residential Property in which
the Developer holds the ownership interest required for
membership; provided, however, that Class B membership shall
cease and be converted to Class A membership when the total votes
outstanding in Class A membership equals the total votes
outstanding in Class B membership, at which time Class B
membership shall be terminated and the Class B member shall be
entitled and required to vote as a Class A member.
46
C/EEE:4719DECa-4
(09-30-88)
13.7 Special Class A Voting Rights. Notwithstanding the
foregoing provisions of Section 13.6 of this Declaration, if at
any time prior to the termination and conversion of Class B
membership to Class A membership as provided in Section 13.6.2 of
this Declaration, the Class A members of the Association do not
have sufficient voting power pursuant to the voting rights set
forth in this Declaration and the Articles of Incorporation and
By-Laws of the Association to otherwise elect at least twenty
percent (20%) of the total number of directors on the Board of
Directors of the Association from time to time at any meeting of ~
members at which directors are to be elected, then such Class A ~
members of the Association shall, by majority vote among ~2
themselves, 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. 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 and the conversion of Class B membership to Class A
membership as hereinabove provided in Section 13.6.2 of this
Declaration.
13.8 Approval by Members. Unless elsewhere otherwise
specifically provided in this Declaration or the Articles
Incorporation or By-Laws of the Association, any prov~s~on of
this Declaration of the Articles of Incorporation and By-Laws of
the Association which requires the vote or approval of a majority
or other specified fraction or percentage of the total voting
power of the Association or any class or classes of membership
therein shall be deemed satisfied by either, both or a
combination of the following:
(a) The vote in person or by proxy of the majority or
other specified fraction or percentage of the membership at a
meeting duly called and noticed pursuant to the provisions of
the By-Laws of the Association dealing with annual or special
meetings of the members of the Association.
(b) Written consents signed by the majority or other
specified fraction or percentage of members.
47
C/EEE:47l9DECa-4
(09-30-88)
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ARTICLE XIV
EASEMENTS
14.1 Easements Generally. The Developer, on behalf of
itself and for the benefit, where so stated, of the County, the
City, the Association, all Owners, and other specified parties,
and also for the benefit of all real property from time to time ~
included within the Subject Property, hereby creates, declares ~
and reserves the following easements upon those affected portion~
of the Subject Property hereinafter specified, to wit: ~
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14.2 Utility Easements. There are hereby created, declared~
granted and reserved for the benefit of the Developer, the
County, the City, the Association, all Owners and any public or
private providers of utility services to the Subject Property and
their respective successors and assigns a non-exclusive easement
for utility purposes over, under, within and upon all other
utility easements and easement areas shown on the Plat or
otherwise reserved, declared or created pursuant to this
Declaration for the purposes of constructing, installing,
inspecting, maintaining, repairing and replacing from time to
time any and all utility lines, systems and facilities from time
to time located therein or thereon. The utilities contemplated
to be served by such utility easements shall include, without
limitation, those providing electric power, natural gas,
telephone, potable water, cable television and electronic
security services.
14.3 Drainage Easements. There is hereby created, declared
and reserved for the benefit of the Developer, the Association
and all Owners a non-exclusive easement for storm water
collection, retention, detention and drainage over, upon and
within all drainage easements shown on the Plat or otherwise
reserved, declared or created pursuant to this Declaration,
together with an easement and license to enter upon such
easements and easement areas for the purposes of constructing,
installing, inspecting, maintaining, repairing and replacing any
and all storm water drainage systems, improvements and facilities
from time to time located therein or thereon. Additionally, the
Developer, for the benefit of itself, the Association and all
Owners hereby reserves easements over any and all other portions
of the Subject Property as may be reasonably required from time
to time in order to provide storm water drainage to all or any
portions of the Subject Property; provided, however, that any
such additional drainage easements shall not unreasonably
interfere with the use and enjoyment by any Owners of the
particular Lots or any Improvements from time to time placed,
located, constructed, erected or installed thereon.
48
C/EEE:47l9DECa-4
(09-30-88)
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14.4 Side Yard Drainage and Utility Easements. There is
hereby created, declared, granted and reserved for the benefit of
the Developer, the Association, all Owners and all public or
private providers of utility services to the Subject Property and
their respective successors and assigns a non-exclusive easement
for drainage and utility purposes in that area which is adjacent
to and within seven and one-half (7.5) feet on either side of any
side boundary or lot line and along all rear lot lines, except ~
adjacent to street rights of way, unless otherwise shown on the ~
Plat, on any Lot on Residential Property. It is expressly 5
provided, however that to the extent that any two (2) or more ~
contiguous Lots or portions of contiguous Lots which share a g
common side yard Lot or boundary line are owned in common by a ~
single Owner and are combined, developed and improved by the r
Owner thereof as a single unified residential home site, any Side ~
Yard Drainage and Utility Easement lying adjacent to the boundary
between the Lots so combined shall automatically be terminated,
cancelled and extinguished without the requirement of any
separate instrument and without the necessity for the joinder of
the Developer, the Association or the County; provided and to the
extent that any such side yard Drainage and utility Easement is
not then in use.
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14.5 Wall and Landscape Easements. There is hereby created,
declared, granted and reserved for the benefit of the Developer
and the Association an easement over and upon all Wall and
Landscape Easement areas shown on the Plat together with the
easement and license to enter upon such Wall and Landscape
Easement areas for the purposes of erecting, constructing,
installing, inspecting, maintaining, repairing and replacing any
and all security or screening walls or fences, and the
installation and irrigation of any landscaping therein, which may
be required by the City and/or deemed to be necessary or
desirable by the Developer or the Association.
14.6 Landscape Easements. There is hereby created,
declared, granted and reserved for the benefit of the Developer
and the Association an easement for landscaping purposes over and
upon all Landscape Easement areas shown on the Plat, if any, or
hereafter declared by the Developer, together with the easement
and license to enter upon such Landscape Easement areas for the
purposes of installing, maintaining, inspecting, repairing and
replacing any and all landscaping, including trees, grasses,
shrubs, bushes, ground covers and other plant materials and
irrigation systems of any kind, whether the same shall be
required by the City and/or deemed necessary or desirable by the
Developer or the Association.
14.7 Golf and Recreation Easement. There is hereby created,
declared, granted and reserved for the benefit of the Developer
and the owner and any lessee from time to time of the Tuscawilla
Golf Course and Country Club Property and their respective
employees, agents, invitees, members and guests a non-exclusive
easement for ingress and egress, to, from and over and upon all
49
C/EEE:4719DECa-4
(09-30-88)
portions of the Subject Property, including all Residential
Property which are located nearby and adjacent to the Tuscawilla
Golf Course and Country Club Property for the purpose of allowing
Golf balls to travel over and into and to come to rest upon and
be retrieved from any and all portions of the Subject Property
located nearby and adjacent to the Tuscawilla Golf Course and
Country Club Property. Inasmuch as it is not uncommon and, ~
indeed, quite usual in the course of the playing of the game of ~
Golf for Golf balls which are struck during the course of play ~
be hit beyond the boundaries of the Golf Course being played an~l
in so doing for such Golf balls to travel over and come to rest ~
upon or within properties nearby and adjacent to the Golf cours~
neither the Developer, nor any other owner or any lessee from .
time to time of the Tuscawilla Golf and Country Club Property nor
their respective employees, agents, invitees' members or guests
shall have any liability or responsibility whatsoever for any
property damage occasioned by or personal injury to any person,
whether an Owner, a member of such Owner's family or any
employee, guest or invitee of such Owner, who or which is
accidentally struck by a Golf ball which shall travel beyond the
boundaries of the Golf course located on the Tuscawilla Golf
Course and Country Club Property. Moreover, the travel, entry
within and coming to rest of Golf balls over, upon or within any
property nearby or adjacent to the Tuscawilla Golf Course and
Country Club Property shall not be deemed to be or constitute a
nuisance or hazard to the health, safety of welfare of the Owner
of any property near or adjacent to the Tuscawilla Golf Course
and Country Club Property and no injunctive relief or damages
therefor shall be recoverable by any party or granted by any
court; it being expressly agreed by any Owner of property nearby
or adjacent to the Tuscawilla Golf Course and Country Club
Property that the risk of such personal injury or damage to
property has been assumed by such Owner on behalf of himself, the
members of his family and his employees, guests and other
invitees at the time of the acceptance of a deed or other
conveyance to his Lot.
14.8 Conservation Easements. The Conservation Easement
areas shown on the Plat are burdened by permanent, private
Conservation Easements, as defined in Section 704.06, Florida
Statutes (1987), for the benefit of Developer, the Association,
and each Lot. Any uses, activities, and conditions described in
Section 704.06(1), Florida Statutes (1987), are prohibited within
the Conservation Easements, except those from time to time
necessary, convenient, or desirable to (i) permit use of the
Conservation Easements for utility or drainage purposes, or both,
or (ii) prevent any condition from becoming hazardous to human
health, safety, or welfare, or (iii) permit completion of the
development of Glen Eagle. Notwithstanding the foregoing, dead
or diseased trees, shrubs, and vegetation may be hand cleared,
and the Association by its rules and regulations from time to
time may permit the removal or destruction of other trees,
shrubs, or vegetation so long as (i) the Conservation Easements
remain predominately in their natural condition; (ii) the
50
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usefulness of the Conservation Easements for drainage, flood
control, water conservation, erosion control, soil conservation
and fish and wildlife habitat is not materially impaired; and
(iii) such rules and regulations are certified to the Association
as complying with the foregoing requirements by a qualified
biologist, botanist, or other appropriate consultant.
14.8.1 Developer, subject to the reasonable approval by
the City, by a recorded instrument may extend the benefit of
the Conservation Easements established by the preceding
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Section to (i) any adjoining lands, or (ii) any homeowners, ~
condominium, cooperative, or similar association now or z
hereafter formed with respect to any adjoining lands, or ~
(iii) any association, non-profit corporation, trust, or ~
other organization that maintains similar preservation areaS?
in Tuscawilla, or (iv) any combination of the foregoing. ~
Developer, however, may not extend any benefit to the general
public, including any right of entry or access. Such ~)
easements may be terminated only by (i) the taking of the
Conservation Easements, or (ii) an entry of final judgment by
a court of competent jurisdiction that, because of change of
circumstances, the purpose of such easements no longer
reasonably can be accomplished.
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14.8.2 The Conservation Easements established by this
Article grant no right of access or entry to the Conservation
Easements to the general public or to any person except the
Association and the City, provided such access by the City is
reasonable, which have a right of entry as provided below in
this Declaration. Without limitation, no right of access or
entry is granted any Owner, except the Owner on whose Lot any
of the Conservation Easements is situated, who has a
reasonable right of entry to the part of the Conservation
Easements situated on such Lot for any purpose not
inconsistent with the maintenance of the Conservation
Easements for its intended purposes. Such right of entry is
non-exclusive as to the Association but is exclusive as to
any other person.
14.9 Berm and Swale Easements. There is hereby created,
declared, granted and reserved for the benefit of the Developer,
the County, the City, and the Association a drainage easement
over and upon all Berm and Swale Easement areas, if any, shown on
the Plat, together with an easement and license to enter upon
such Berm and Swale Easement areas for the purposes of
constructing, installing, inspecting, maintaining, repairing or
replacing environmental berms and swales and their associated
storm water drainage retention/detention areas constituting a
part of the Surface Water Management System for the Subject
Property. Alteration and/or removal of the berm, swale and
associated storm water retention/detention system constructed and
installed within such Berm and Swale Easement areas shall be
prohibited.
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51
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(09-30-88)
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14.10 Construction and Sales Easements. There is hereby
created, declared, granted and reserved for the benefit of the
Developer together with the right to grant, assign and transfer
the same to the Developer's sales agents and sales
representatives as well as to builders or building contractors
approved by Developer for the construction of residences within
Glen Eagle, an easement for construction activities upon ~
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Residential Property and an easement for sales activities and ~
signs on Residential Property and for the maintenance on 5
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Residential Property from time to time of a Sales and m
Administrative Center in which and from which the Developer and g
its authorized sales agents and sales representatives and ~
approved builders and building contractors may engage in exhibit,:
sales and administrative activities of a commercial nature on a
temporary basis during the period of the development of and
construction within Glen Eagle, provided, however, that such
exhibit, sales and administrative activity shall be conducted
from and within a building constructed as a single family
residential dwelling which is temporarily used for such exhibit,
sales and administrative activities and which is thereafter to be
sold, used and occupied as a single family residential
dwelling. The location of such Sales and Administrative Center
within Glen Eagle may be changed from time to time by the
Developer, in its sole and absolute discretion.
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14.11 Association Easement. There is hereby created,
declared and granted to the Association, such easements over and
upon all or any portion of the Subject Property, as may be
reasonably necessary to permit the Association to carry out and
discharge its duties, obligations and responsibilities under and
pursuant to this Declaration and the Articles of Incorporation,
By-Laws and Rules and Regulations of the Association. Such
Association Easement shall be in addition to the Drainage
Easements hereinabove granted to the Association pursuant to
Section 14.3 of this Declaration.
14.12 Future Easements. There is hereby reserved to the
Developer and it successors and assigns, together with the right
to grant and transfer the same, the right, power and privilege
to, at any time hereafter, grant to itself, the Association, the
City, the County or any other parties such other further and
additional easements as may be reasonably necessary or desirable,
in the sole opinion and within the sole discretion of the
Developer, subject to the reasonable approval of the City, for
the future orderly development of Glen Eagle in accordance with
the objects and purposes set forth in this Declaration. Any such
easement(s) shall be recorded in the public records of Seminole
County, Florida. It is expressly provided, however, that no such
further or additional easements shall be granted or created over
and upon Residential Property pursuant to the provisions of this
Section if any such easement 'shall unreasonably interfere with
the presently contemplated or future use and development of a
particular Lot as a single family residential home site. The
easements contemplated by this Section 14.12 may include, without
52
C/EEE:4719DECa-4
(09-30-88)
..
limitation, such easements as may be required for utility,
drainage, road right-of-way or other purposes reasonably related
to the orderly development of Glen Eagle in accordance with the
objects and purposes specified in this Declaration. Such further
or additional easements may be hereafter created, granted, or
reserved by the Developer without the necessity for the consent
or joinder of the Owner of the particular portion of the Subjec~
Property over which any such further or additional easement is ~
granted or required. 0
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ARTICLE XV
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ARCHITECTURAL AND LANDSCAPE CONTROL
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15.1 Reservation of Architectural and Landscape Control. In
order to ensure that the development of the Glen Eagle will
proceed pursuant to a uniform plan of development and
construction of the highest quality, and in accordance with
consistently high architectural, ecological, environmental and
aesthetic standards which are designed and calculated to bring
about the achievement and creation of and to thereafter maintain,
preserve and protect with Glen Eagle a unique, pleasant,
attractive and harmonious physical environment, the Developer
shall have and hereby reserves exclusively unto itself, for the
duration hereinafter specified, the right, privilege, power and
authority to review, approve and control the design, placement,
construction, erection and installation of any and all buildings,
structures and other Improvements of any kind, nature or
description, including landscaping, upon all Residential Property
and all Common Property. Such right and control of the Developer
shall be exercised in the manner hereinafter provided in this
Article XV.
15.2 Design Review Board Established. The Association at
all times has as a standing committee a Design Review Board,
consisting of at least three (3) persons. Design Review Board
members are appointed by, and serve at the pleasure of, the
Board, unless the Board from time to time constitutes itself as
the Design Review Board. The Board from time to time may
designate alternate members, to serve in the absence of any
regular member. Absent Board action to the contrary, the Board
is deemed to have constituted itself as the Design Review
Board. Design Review Board members need not be Directors of the
Association or Association members. No Design Review Board
member is entitled to compensation for services performed; but
the Board may employ independent professional advisors to the
Design Review Board and allow reasonable compensation to such
advisors from Association funds. Any Design Review Board action
may be taken by a simple majority of its members, with or without
a formal meeting or joint deliberation, so long as each member is
informed in advance of the action proposed.
15.3 Design Review Board Authority. The Design Review Board
has full authority to regulate the exterior appearance of the
53
C/EEE:4719DECa-4
(09-30-88)
Lots to: (i) assure harmony of external design and location in
relation to surrounding buildings and topography; and (ii) to
protect and conserve the value and desirability of the Subject
Property as a residential community. The power to regulate
includes the power to prohibit those exterior uses, structures,
conditions, or activities inconsistent with the provisions of
this Declaration or otherwise contrary to the best interests of
all Owners in maintaining the value and desirability of the
Subject Property as a residential community. The Design Review
Board's authority includes any matter affecting the exterior
appearance of Lots and requiring approval by the Association
under Article VII or the Design Standards Manual.
15.4 Design Review Board Approval. No building,
improvement, structure, addition, landscaping, attachment,
condition, excavation, alteration, or change (including any color
change) may be made, installed, maintained, restored, or
permitted to remain on or to the exterior of any Lot, unless
made, installed, maintained, or restored, as the case may be,
substantially in compliance with plans and specifications
reviewed and approved by the Design Review Board in advance.
Notwithstanding the foregoing, the Committee's approval is not
required for (i) restoration of any previously approved building,
structure, or other item that is substantially identical in all
respects to the original work, as approved, or (ii) for any item
that is concealed from view from the Common Streets and Roads and
any adjoining Lots by improvements, structures, fencing,
vegetation, or other items previously approved by the Design
Review Board.
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15.5 Objective Standards. In addition to any other express
standard that may be provided by this Declaration, all actions by
the Design Review Board must: (i) assure harmony of external
design, materials, and location in relation to surrounding
buildings and topography within the Subject Property; and (ii)
protect and conserve the value and desirability of the Subject
Property as a residential community; and (iii) not conflict with
the express provisions of this Declaration, the Articles, and the
By-laws; and (iv) otherwise be in the best interests of all
Owners in maintaining the value and desirability of the Subject
Property as a residential community.
15.6 Rules and Regulations. The Design Review Board from
time to time may adopt and amend reasonable, uniform rules and
regulations as to all matters within the scope of its authority,
including procedural matters, and may adopt and amend a Design
Standards Manual at any time and from time to time, with any such
adoption or amendment to be within the sole and absolute
discretion of the Design Review Board, so long as such rules and
regulations and any amendments to the Design Standards Manual
are: (i) consistent with the provisions of this Declaration, the
Articles, and the By-laws; and (ii) if the Board has not
constituted itself as the Design Review Board, approved by the
Board before taking effect. Rules and regulations adopted
54
C/EEE:4719DECa-4
(09-30-88)
pursuant to this Section have the same force and effect as the
Association's other rules and regulations and are enforced by the
Board in the name of the Association.
15.7 Subjective Judgment. In addition to complying with the
objective standards of this Declaration, any applicable Design
Standards Manual, and any applicable rules and regulations, ~
Developer specifically intends the Design Review Board members ~
exercise an informed, subjective aesthetic judgment as to any 5
matters within the Design Review Board's authority that is ~
conclusive and binding upon any person affected, absent bad 8
faith, mistake, or deliberate, intentional discrimination that
cannot be justified on any rational basis. Without limitation,?
and in recognition of the fact that each Lot is unique, no Design
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Review Board action with respect to any particular Lot
necessarily is of any precedential value with respect to any
other Lot. Specifically, the fact that the Design Review Board
may have approved or denied a particular installation, condition,
activity, or item with respect to any particular Lot does not, by
itself, constitute grounds for requiring such approval or denial
with respect to any other Lot. Each application for Design
Review Board action must be evaluated on its own merits, with the
Design Review Board exercising the broadest discretionary
judgment that is consistent with the requirements of this
Declaration.
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15.8 Review. The Board from time to time may appoint one or
more persons to make preliminary review of any applications to
the Design Review Board and report such applications with such
person's advisory recommendations for Design Review Board
action. If the Board has not constituted itself as the Design
Review Board, provision must be made for review by the Board of
Design Review Board decisions at the request of the applicant,
subject to such reasonable limitations and procedures as the
Board considers appropriate. The Association's procedures for
review and enforcement of the provisions of this Article in all
events and at all times must provide any affected person with
reasonable advance notice and a reasonable opportunity to be
heard in person and through appropriate representatives of such
person's choosing in a reasonably impartial manner.
15.9 Applications. Any applications for Design Review Board
approval must be accompanied by three (3) sets of plans and
specifications, together with such renderings, samples, models,
and other information as the Design Review Board reasonably may
require. Any application submitted other than by Owner must
attach the Owner's written consent to the approval requested.
Any application for installation of any building or other
permanent structure must include a landscaping plan and detailed
plot plan of any permanent improvements and structures. If
requested, the Design Review Board may require the preliminary
staking of such improvements and structures according to such
plan for Design Review Board inspection. Any application for the
initial installation of any residential dwelling must also
55
C/EEE:47l9DECa-4
(09-30-88)
include a grading and drainage plan and tree survey. Any costs
of filing and processing an application pursuant to this Article
are at the expense of the applicant; and the Association also may
impose a reasonable, uniform application fee to defray its costs.
15.10 Procedure. Within 14 days after receiving an
application, the Design Review Board either must approve the ~
application as submitted or notify the applicant Df (i) the =
Design Review Board's intent to deny the application, or (ii) an~
additional plans, specifications, drawings, or other items that (~
the Design Review Board will require to act upon the application2
or (iii) both of the foregoing. The Design Review Board's ~
failure to so notify the applicant operates as an approval of the
application as submitted. Upon receiving the foregoing notice,
the applicant may request a hearing before the Design Review
Board, at which the applicant, personally and through
representatives of the applicant's choosing, is entitled to a
reasonable opportunity to be heard in a reasonably impartial
manner, after reasonable advance notice. No particular formality
is required for any of the Design Review Board's proceedings,
including any hearing, nor is any record required other than a
written statement fairly summarizing the material features of any
Design Review Board action. Unless the applicant agrees
otherwise, the Design Review Board must approve or disapprove any
application within 14 days after receipt.
15.11 Approval. The Design Review Board's approval is deemed
given under any of the following circumstances: (i) the Design
Review Board fails to deny any application within 14 days after
receipt, unless the applicant agrees to a longer period of time;
or (ii) the Committee fails to notify the applicant of its intent
to deny an application, or that further information is required,
within 14 days after receipt of an application, as provided in
the preceding Section; or (iii) no suit, action, or other
proceeding is instituted by the Association within one year after
substantial completion with respect to any use, activity,
structure, installation, condition, or other item installed,
maintained, or restored without application to the Design Review
Board. In all other events, the Design Review Board's approval
must be in writing and endorsed upon two sets of the plans and
specifications, one of which must be returned to the applicant
and one retained in the Association's permanent records for a
period of at least five years. Upon completion of the approved
work, the applicant and any architect, engineer, contractor, or
other reasonable professional must certify to the Association in
writing that the work has been completed substantially according
to the approved plans and specification; and no Statute of
Limitations begins to run in favor of any Owner or other
applicant with respect to any substantial non-conformity to the
approved plans and specifications until such certificate is
filed.
15.12 Changes. Any material change to any plans and
specifications previously approved by the Design Review Board
56
C/EEE:4719DECa-4
(09-30-88)
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also must be approved by the Design Review Board as provided in
this Article, except that the Design Review Board will expedite,
to the extent practical, any such application that is made while
construction is in progress. The Design Review Board in no event
is required to act upon any such application in less than 10
days, however.
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15.13 Notice of Action. No suit, proceeding,. or other acti6.G 0
to enforce the provisions of this Article may be commenced or ~ ~
continued, nor may any of the provisions of this Article be ~
enforced, against any person who acquires any interest in a Lot g
without actual knowledge that a building or other structure ~
(including walls and fencing) was installed, maintained, or r
restored, as the case may be, in violation of the requirements of co
this Article unless such suit, action, or other proceeding is
commenced within one year after such building or other structure
was substantially complete and a lis pendens or other notice of
the pendency of such action is recorded within such time
period. No such action may be commenced, continued, or otherwise
enforced against any purchaser or creditor who acquires an
interest in, or a lien upon, any Lot for value, other than pre-
existing indebtedness, and without actual knowledge of any such
violation, if such purchaser or creditor obtained a statement
under oath from the applicable Owner that no violation existed on
such Lot at the time value was given or paid. Upon payment of
any reasonable uniform charge that the Association from time to
time may impose to defray its costs, the Association within ten
days after request will issue an appropriate certificate of
compliance or noncompliance, as the case may be, with the
provisions of this Article that is binding and conclusive as to
the information it sets forth upon both the Association and any
person without actual knowledge to the contrary.
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15.14 Developer Action. Notwithstanding any provision of
this Article, no Design Review Board approval is required for any
residential dwelling or any of its appurtenances constructed by
Developer on any Lot as part of the development of Glen Eagle, so
long as it otherwise conforms to the applicable requirements of
this Declaration, including the Design Standards Manual. The
foregoing exemption is for the exclusive benefit of a Developer
and may not be extended by a Developer to any building or any
Owner other than a Developer.
15.15 Exculpation for Approval or Disapproval of Plans.
Developer, any and all members of the Design Review Board and any
and all officers, directors, employees, agents and members of the
Association, shall not, either jointly or severally, be liable or
accountable in damages or otherwise to any Owner or other person
or party whomsoever or whatsoever by reason or on account of any
decision, approval or disapproval of any plans, specifications or
other materials required to be submitted for review and approval
pursuant to the provisions of this Article XV, or for any mistake
in judgment, negligence, misfeasance or nonfeasance related to or
in connection with any such decision, approval or disapproval.
57
C/EEE:4719DECa-4
(09-30-88)
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Each person who shall submit plans, specifications or other
materials to the Design Review Board for consent or approval
pursuant to the provisions of this Article XV, by the submission
thereof, and each Owner by acquiring title to any Lot or any
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 the Developer, the Design Review
Board, the Association nor any individual member,. officer,
director, employee or agent of any of them for the purpose of
recovering any such damages or other relief on account of any
such decision, approval or disapproval. Additionally, plans, ~
specifications and other materials submitted to and approved by ~
the Design Review Board, or by Developer or Board of Directors o~
the Association on appeal, shall be reviewed and approved only a~
to their compliance with the provisions of this Declaration and ~
their acceptability of design, style, materials, appearance and ~
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location in light of the standards for review and approval
specified in this Declaration and the Design Standards Manual,
and shall not be reviewed or approved for their compliance with
any applicable Governmental Regulations, including, without
limitation, any applicable building or zoning laws, ordinances,
rules or regulations. By the approval of any such plans,
specifications or materials, neither the Developer, the Design
Review Board, the Association, nor any individual member,
officer, director, employee or agent of any of them, shall assume
or incur any liability or responsibility whatsoever for any
violation of Governmental Regulations or any defect in the design
or construction of any building, structure or other Improvement,
constructed, erected, placed or installed pursuant to or in
accordance with any such plans, specifications or other materials
approved pursuant to this Article xv.
ARTICLE XVI
AMENDMENT
16.1 Amendment by Developer. Subject to the prOV2S2ons of
Section 16.5 of this Declaration until December 31, 1991 the
terms and provisions of and the covenants, conditions,
restrictions, easements and reservations set forth in this
Declaration may be changed, amended or modified from time to time
by the Developer in its sole, but reasonable discretion, and
without requiring the joinder or consent of any person or party
whomsoever, including the Association or any Owner or Owners.
16.2 Amendment by Association. Subject to the provisions of
Section 16.5 of this Declaration, the terms and provisions of and
the covenants, conditions, restrictions, easements and
reservations set forth in this Declaration may be changed,
amended, or modified at any time and from time to time by the
Association upon the affirmative written consent or the vote of
not less than seventy-five percent (75%) of the total voting
power of the members of the Association; provided, however, that
until December 31, 2000 no such change, amendment or modification
58
C/EEE:47l9DECa-4
(09-30-88)
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by the Association shall be effective without the Developer's
express written joinder and consent.
16.3 Manifestation of Requisite Consent. In the case of any
change, amendment or modification of this Declaration by the
Association which requires the affirmative written consent or
vote of members of the Association as hereinabove provided in
Section 16.2, the acquisition of the requisite written consent or
vote of members shall be manifested on the face of the amending ~
instrument in a certificate duly executed and sworn to before a ~
Notary Public by the President and Secretary of the Association ~
affirmatively stating that such requisite affirmative written m
consent or vote has, in fact, been acquired or obtained prior to~
the recordation of such amending instrument among the Public ~
Records of the County. Such certificate shall be and constitute:
conclusive evidence of the satisfaction of the provisions of
Section 16.2 of this Declaration with respect to the change,
amendment or modification of this Declaration effected by the
amending instrument of which such certificate is made a part.
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16.4 Effectiveness of Amendments. All changes, amendments
or modifications of this Declaration shall be manifested in a
written amending instrument duly executed by the Developer or the
Association, or both, as may from time to time be required
pursuant to the provisions of this Article XVI, and shall be duly
recorded among the Public Records of the County. Such change,
amendment or modification of this Declaration shall be effective
as of the date of such recordation or such later date as may be
specified in the amending instrument itself.
16.5 Limitations on Amendments. Notwithstanding anything to
the contrary set forth in this Declaration, the rights of the
Developer and the Association to change, amend or modify the
terms and provisions of and the covenants, conditions,
restrictions, easements and reservations set forth in this
Declaration and any amendment hereof shall at all times be
subject to and limited and restricted as follows, to wit:
(a) This Declaration and any amendment hereof shall at
all times be subject to the rules, laws, ordinances and codes
of the City, the County and all other applicable governmental
entities, and this Declaration shall not be amended without
the approval of the City.
(b) To the extent that particular rights or interests
are expressly conferred upon or granted to the County or the
City to this Declaration, the particular terms and provisions
of this Declaration pursuant to which any such rights and
interests are conferred upon and granted to the County or the
City shall not be changed, amended or modified without the
prior written consent and joinder of the County and/or the
City, as the case may be.
59
C/EEE:47l9DECa-4
(09-30-88)
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(c) To the extent that any term or prov1s10n of this
Declaration may be included herein in satisfaction of any
conditions to approval of the Land Use Plan for the
Tuscawilla PUD, as any conditions to approval may, from time
to time, be changed, amended or modified by the County and/or
city pursuant to appropriate law or by action of the Board of
County Commissioners and/or the City, such terms or
provisions of this Declaration shall not be changed, amended,
or modified or otherwise deleted or eliminated from this
Declaration without the prior written consent and joinder
the County and/or the City, as the case may be.
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(d) This Declaration may not be changed, amended or ~
modified in such manner as to terminate or eliminate any ~
easements granted or reserved herein to the Developer, the 0
Association, the County or the City, respectively, without ~
the prior written approval of the Developer, the Association~
the County, or the City, as the case may be, and any attempt
to do so shall be void and or no force and effect.
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(e) This Declaration may not be changed, amended or
modified in any fashion which will result in or facilitate
the dissolution of the Association or the abandonment or
termination of the obligation of the Association to maintain
the Common Property, and/or the obligation of the Association
to establish, make, levy, enforce and collect Assessments for
such purposes.
(f) This Declaration may not be changed, amended or
modified in any fashion which would affect the Surface Water
Management System, or its maintenance by the Association,
without the prior written consent and approval of the St.
Johns River Water Management District.
(g) This Declaration may not be changed, amended or
modified in such fashion as to change, amend, modify,
eliminate or delete the provisions of this Section 16.5 of
this Declaration without the prior written consent and
joinder of the Developer, in any case, and to the extent of
any proposed change, amendment or modification which shall
affect the rights of the County, the City, or the St. Johns
Water Management District hereunder, the same shall require
the written consent and joinder of the County, the City, or
the St. Johns River Water Management District, as the case
may be.
ARTICLE XVII
DURATION
The terms and provisions of and covenants, conditions,
restrictions and reservations set forth in this Declaration shall
continue and be binding upon the Developer and the Association
and upon each Owner and all Owners from time to time of any
60
C/EEE:4719DECa-4
(09-30-88)
portio~ of the Subject Property and their respective successors
and assigns and all other persons, parties or legal entities
having or claiming any right, title or interest in the Subject
Property, by, through or under any of them, for a period of sixty
(60) years from the date this Declaration is recorded among the
Public Records of the County, after which time this Declaration
and the covenants, conditions, restrictions and reservations set
forth herein, as the same shall have been changed, amended or
modified from time to time, shall be automatically extended for ~
successive periods of ten (10) years unless an instrument of ~
termination executed by the Developer and Association upon the ~
affirmative written consent or the vote of not less than ninety-~
five percent (95%) of the total voting power of the members of ~
the Association (certified as provided in Section 16.3 of this ~
Declaration), with the consent and joinder of the County, shall
be recorded among the Public Records of the County at least one
(1) year prior to the end of the initial term or any subsequent
extension term of this Declaration. Each of the easements herein
declared to be created, granted or reserved shall continue to be
binding upon the Developer and the Association and upon each
Owner and all Owners from time to time of any portion of the
subject Property and their respective successors and assigns and
all persons, parties and legal entities claiming by, through or
under any of them in perpetuity, unless any such easement shall
have been changed, amended, modified, released or terminated by
the execution and recordation among the Public Records of the
County of a written instrument or Court order, as the case may
be, which, in either case, is otherwise legally sufficient in all
respects to effect any such change, amendment, modification,
release or termination of any such easement.
ARTICLE XVIII
ENFORCEMENT
18.1 Parties Entitled to Enforce. Subject to the prov1s10ns
of Section 18.2 of this Declaration, the terms, provisions,
covenants, conditions, restrictions, easements and reservations
set forth in this Declaration, as changed, amended or modified
from time to time, shall be enforceable by the Developer, the
Association and any Owner. Additionally, to the extent that
particular rights or interests are expressly conferred upon or
granted to the County or the City pursuant to this Declaration,
the particular terms and provisions of this Declaration
conferring or granting such rights or interests to the County or
the City shall also be enforceable by the County and/or the City,
as the case may be. Those so entitled to enforce the provisions
of this Declaration shall have the right to bring proceedings at
law or in equity against the party or parties violating or
attempting to violate any of said covenants, conditions,
restrictions, easements or reservations or against the party or
parties defaulting or attempting to default in his, its or their
obligations hereunder in order to (a) enjoin any such violation
or attempted violation or any such default or attempted default,
61
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(09-30-88)
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(b) cause any such violation or attempted violation or default or
attempted default to be cured, remedied or corrected, (c) recover
damages resulting from or occasioned by or on account of any such
violation or attempted violation or default or attempted default
and (d) recover costs and expenses, including attorneys' fees,
incurred in connection with the enforcement of this Declaration.
18.2 Limitations on Enforcement Rights. Notwithstanding
foregoing provisions of Section 18.1 of this Declaration, the
right to enforce the provisions of this Declaration shall be
subject to and limited by the following provisions, to wit:
(a) The Association shall have the exclusive right
collect Assessments and enforce Assessment liens.
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(b) Only the Developer and the Association shall have
the right to enforce the provisions of Article XV of this
Declaration with respect to Architectural and Landscape
Control. It is expressly provided, however, that if both the
Developer and the Association fail, refuse or are unable to
commence enforcement of such provisions within thirty (30)
days following written demand to do so from any Owner, any
Owner who makes such demand and who otherwise has standing to
do so, shall have the right to enforce the provisions of said
Article XVi provided, however, that such right of enforcement
shall not include the right to seek judicial review or
discretionary decisions made either by the Developer, the
Association or the Design Review Board where the discretion
to make such decision is expressly conferred pursuant to this
Declaration.
(c) To the extent that specific rights, interests or
reservations are conferred upon or granted or reserved to
specific parties pursuant to this Declaration only those
parties upon or to whom or which such rights, interests or
reservations are conferred, granted or reserved shall have
the right to enforce the provisions of this Declaration
relating to such rights, interests or reservations.
18.3 Attorneys' Fees. In the event that legal or equitable
proceedings are instituted or brought to enforce any of the
provisions set forth in this Declaration, as changed, amended and
modified from time to time, or to enjoin any violation or
attempted violation or default or attempted default of the same,
the prevailing party in such proceeding shall be entitled to
recover, from the losing party such reasonable attorneys' fees
and court costs as may be awarded by the Court rendering judgment
in such proceedings.
18.4 No Waiver. Failure by the Developer, the Association,
any Owner or the County (only to the extent any right of
enforcement is otherwise granted to or conferred upon the County
pursuant to this Declaration), to enforce any term, provision,
covenant, condition, restriction, easement or reservation herein
62
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contained in any particular instance or on any particular
occasion shall not be deemed a waiver of the right to do so upon
any subsequent violation or attempted violation or default or
attempted default of the same or any other term, provision,
covenant, condition, restriction, easement or reservation
contained herein.
18.5 Nuisance. The result of every act or omission, where
any term or provision of, or covenant, condition, restriction,
easement, or reservation set forth in, this Declaration is
violated, breached or in default in whole or in part, is hereby
declared to be and constitute a nuisance, and every remedy
allowed by law or equity against a nuisance, either public or
private, shall be applicable against every such result, and may ~
be exercised by the Developer, the Association or any Owner.
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18.6 Cumulative Rights and Remedies. In connection with the
enforcement of this Declaration, all rights, remedies of the
Developer, the Association, the Owners, the County, and the City
to the extent provided herein, shall be cumulative, and no single
right or remedy shall be exclusive of any other, and Developer,
the Association, the Owners, the County, and the City to the
extent specifically provided in-this Declaration, shall have the
right to pursue anyone or all of such rights or remedies or any
other remedy or relief which may be provided by law, whether or
not expressly stated in this Declaration or otherwise.
18.7 Effect of Invalidation. If in the course of an attempt
to enforce this Declaration, any particular provision of this
Declaration is held to be invalid by any court, the invalidity of
such provision shall not affect the validity of the remaining
provisions hereof.
18.8 Exculpation. The Developer, the Association, the
Design Review Board, and the individual members, officers,
directors, employees or agents of any of them, shall not, jointly
or severally, be liable or accountable in damages or otherwise to
any Owner or other party affected by this Declaration, or to
anyone submitting plans or other materials for any required
consent or approval hereunder, by reason or on account of any
decision, approval or disapproval required to be made, given or
obtained pursuant to the provisions of this Declaration, or for
any mistake in judgment, negligence or nonfeasance related to or
in connection with any such decision, approval or disapproval.
Each person who shall submit plans or other materials for consent
or approval pursuant to this Declaration, by the submission
thereof, and each Owner of any Lot, by acquiring title thereto or
an interest therein, shall be deemed to have agreed that he or it
shall not be entitled to bring and shall not bring any action,
proceeding or suit against the Developer, the Association, the
Design Review Board, or any individual member or members or
officer or officers, director or directors, employee or employees
or agent or agents of any of them for the purpose of recovering
any such damages or other relief on account of any such decision,
approval or disapproval.
63
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ARTICLE XIX
MISCELLANEOUS PROVISIONS
19.1 Constructive Notice and Acceptance. Every person,
corporation, partnership, limited partnership, trust, association
or other legal entity, who or which shall hereafter have, c1aim,<n
own or acquire any right, title, interest or estate in or to any~
portion of the Subject Property, whether or not such interest is~
reflected upon the Public Records of Seminole County, Florida, ~
shall be conclusively deemed to have consented and agreed to eacm
and every term, provisions, covenant, condition, restriction, ~
easement and reservation contained or by reference incorporated ? ~
in this Declaration (including those matters set forth in the
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Design Standards Manual), whether or not any reference to this
Declaration is contained in the document or instrument pursuant
to which such person, corporation, partnership, limited
partnership, trust, association or other legal entity shall have
acquired such right, title, interest or estate in the Subject
Property or any portion thereof.
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19.2 Personal Covenants. To the extent that the acceptance
or conveyance of a Lot creates a personal covenant between the
Owner of such Lot and the Developer, the Association or any other
Owner or Owners, such personal covenant shall terminate and be of
no further force or effect from or after the date when a person
or entity ceases to be an Owner except to the extent that this
Declaration may provide otherwise with respect to the personal
obligation of such Owner for the payment of Assessments for which
provision is expressly made in this Declaration.
19.3 Governing Law. This Declaration and the interpretation
and enforcement of the same shall be governed by and construed in
accordance with the laws of the State of Florida.
19.4 Construction. The provisions of this Declaration shall
be liberally construed so as to effectuate and carry out the
objects and purposes specified in Article II of this Declaration.
19.5 Article and Section Headings. Article and Section
headings contained in the Declaration are for convenience and
reference only and in no way define, describe, extend or limit
the intent, scope or content of the particular Articles or
Sections in which they are contained or to which they refer and,
accordingly, the same shall not be considered or referred to in
resolving questions of interpretation or construction.
19.6 Singular Includes Plural, Etc. Whenever the context of
this Declaration requires the same, the singular shall include
the plural and the plural the singular and the masculine shall
include the feminine and the neuter.
64
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19.8 Notice. Any notice required or permitted to be given
pursuant to the provisions of this Declaration shall be in
writing and may be delivered as follows:
19.7 Time of Essence. Time is of the essence of this
Declaration and in the performance of all covenants, conditions
and restrictions set forth herein. Whenever a date or the
expiration of any time period specified herein shall fall on a
Saturday, Sunday or legal holiday, the date shall be extended to
the next succeeding business day which is not a Saturday, Sunday~
or legal holiday. ~
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(a) Notice to an Owner shall be deemed to have been
properly delivered when delivered to the Owner's Lot, whether
said Owner personally received said notice or not, or placed
in the first class United States mail, postage prepaid, to
the most recent address furnished by such Owner in writing to
the Association for the purpose of giving notice, or if no
such address shall have been furnished, then to the street
address of such Owner's Lot. Any notice so deposited in the
mail within the County shall be deemed delivered forty-eight
(48) hours after such deposit. In the case of co-owners any
such notice may be delivered or sent to anyone of the co-
owners on behalf of all co-owners and shall be deemed to be
and constitute delivery on all such co-owners.
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(b) Notice to the Association shall be deemed to have
been properly delivered when placed in the first class United
States mail, postage prepaid, to the address furnished by the
Association or to the address of its principal place of
business.
(c) Notice to the Developer shall be deemed to have
been properly delivered when placed in the first class United
States mail, postage prepaid, to the address furnished by the
Developer to the Association or the address of its principal
place of business.
(d) The affidavit of an officer or authorized agent of
the Association declaring under penalty of perjury that a
notice has been mailed to any Owner or Owners to the address
or addresses shown on the records of the Association, shall
be deemed conclusive proof of such mailing, whether or not
such notices are actually received.
19.9 Development and Construction by Developer. Nothing set
forth in this Declaration shall be deemed, either expressly or
impliedly, to limit the right of the Developer to change, alter
or amend its development plan or plans for the Subject Property,
or to construct such improvements as the Developer deems
advisable prior to the completion of the development of all of
the Subject Property. Developer reserves the right to alter its
development and construction plans and designs as it deems
appropriate from time to time; subject, however, to all
65
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applicable Governmental Regulations, including, without
limitation, those of the City.
19.10 Assignment of Developer's Rights and Interests. The
rights and interests of the Developer under this Declaration may
be transferred and assigned by the Developer to any successor or~
successors to all or part of the Developer's interest in the ~
Subject Property by an express transfer, conveyance or assignmen~
incorporated into any recorded deed or other instrument, as the m
case may be, transferring, conveying or assigning such rights an~
interests to such successor. ~
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19.11 No Warranties. This Declaration is made for the
objects and purposes set forth in Article II of this Declaration
and the Developer makes no warranties or representations' express
or implied as to the binding effect or enforceability of all or
any portion of the terms and provisions of or the covenants,
conditions, restrictions, easements and reservations set forth in
this Declaration, or as to the compliance of any of the same with
public laws, ordinances and regulations applicable thereto.
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Signed, sealed and delivered
in the presence of:
Declaratiorn (~n f> "
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By: . ~ 't......,n
Philip, A. Birdsong,
Vice President
IN WITNESS WHEREOF the Developer has caused this
to be made and executed as of the day and year first
written.
STATE OF FLORIDA
COUNTY OF ORANGE
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JOINDER OF MORTGAGEE
Firstate Financial, A Savings Bank, formerly known as
Firstate Savings and Loan Association of Florida, being the owner
and holder of that certain Mortgage and Security Agreement, dated
June 30, 1987 and recorded on July 1, 1987 in Official Records ~
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Book 1864 at Pages 1023 et. seq., as modified by that certain g
Mortgage Modification Agreement dated September ~4, 1987 and a
recorded September 28, 1987 in Official Records Book 1890, Page~
1023, both of the Public Records of Seminole County, Florida, 8
hereby joins in the execution of the within and foregoing ~
Declaration of Covenants, Conditions, Restrictions, Easements ana
Reservations (the "Declaration") for the express purpose of
manifesting its agreement with and consent to the recordation of
the Declaration and for the further purpose of subordinating, and
it does hereby subordinate, the lien and encumbrance of the
aforesaid Mortgage to each and everyone of the covenants,
conditions, restrictions, easements and reservations set forth in
the Declaration.
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IN WITNESS WHEREOF, the said Firstate Financial, A Savings
Bank, formerly known as Firstate Savings and Loan Association of
Florida has caused these present, to be executed by its
under~gn~~toff~cers thereunto duly authorized on this ~ day
of ~~H'~..J , 1988.
Signed, sealed and delivered
in the presence of:
FIRSTATE FINANCIAL, A
Savings Bank, formerly known
as Firstate Savings and Loan
Association of Florida
STATE OF FLORIDA
COUNTY OF ORANGE
C/EEE:47l9DECa-4
The foregoing inst ument was acknowledged before me
this . ~ day of v, 1988, by Glenn ~ ~eil~y! ~$ Jice
Pres1dent and' , as ~r!'f0::d-Ut--/~jf1 of
FIRSTATE FINANCIAL, A Sav1ngs Bank, formerly known as Firstate
Savings and Loan Association of F10%~ /. ~.:..~;;;:. .....
'f;Jotary Public.' "~"~.<' ,'.
My Commission EXp'i~t\~ 0'1 A R y"'~J' "
lfotary Public, State of Flo~!:.J~: : .
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My Commis$ion Expires ug. . ~~~~ : : ,.'
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Real property situate in Seminole County,
particularly described as follows:
Florida more
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LEGAL DESCRIPTION
EXHIBIT "A"
DESCRwnON:
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That ponion of Seclion 8, Township 21 South, Range 3 J' East, S~minole COUnl)', Florida, being more panicularly described as follows:
Commence at the radius point o( Ontario Courl per TUSCAWILLA UNIT 13, as recorded in Plat Dook 29, Pa~es 1 and 2 or I Ill:. P~blic Records
of Seminole County, Florida; thence run N 00038'33" E along Ihe cenlerline of said Onlario COUrl for a dislance o( 144.94 feel 10 the
centerline of Nonhero Wa)' per said TUSCA WILLA UNIT 13; Ihence run N 03000'01" W Jor a distance o( 1702.64 (eel to Ihe Point of
Ileginning of the followinL! described parcel of land: thence run N 22031'10. W for a distanc_e of 140.00 feel; Ihence run N 06023'37" \\I
for a distance or 52.05 feel; Ihenee run N 22031'10. W ror a dislanee o( 140,00 feel; thence run N 56026'36" W for a distance of 157.26
feet 10 a peint on a curve concal'e NOrlhweslerl,y having a radius o( 75.00 (eet 'and a chord bearing o( S 38051'18" W; thence run
Soulhwestcrly along Ihe arc o( said curve Ihrough a cenlral angle o( 51014'17" for a diSlJnce o( 67.07 (eel to Ihe point of lan1!cnC)'; Ihence
run S 64021>'26" W for a distanc'e of 67.17 feel; thence run N 25031'34" \II (or a dimnce of 140.00 feel 10 Ihe poinl of CUl\'ature o( a
curve concave NOrlheasterly having a radius o( 1040.00 (eel: thence run Nonhwesterly along Ihe arc o( said curvd Ihrough a ccntral angle
of' 40020'46" for a diSlJnce o( 732.34 feet to the point of tangency: Ihence run N 14049'12" E along a radial line (or a distance 0' 340.00
f~l to a point on a curve concave Soulhweslerly having a radius of 1960.66 feel; .thence run Southeaslerly along the arc of said curve
Ihrough a central angle o( 51052'24" (or a dislance o( 1775.11 (eet to Ihe poinl of lan~ency; Ihence run S 66041'38" W alon~ a radial line
(or a dislance of 140.00 (eel; thence run S 81024'52" \II (or a dimnce of 51.75 feel; thence run S 67028'50" W for a dislance of 794,32
(eel to Ihe Point of Deginning.
ConlJining 28.282 acres more or less.
That portion 01 Sections 8 and 17, Township 21 South, Range 31 .East, Seminolo County, Florida, being moro particularly described as
follows:
Commence at the radius point of Ontario Court per TUSCAWILLA UNIT 13, as recorded in Plat Book 29, Pages 1 and 2 of the Public Records
01 Seminole County, Florida; thenco run N 00030'33" E along the centerline of said Onlario Court for a distance of 144.94 feet to lhe
centerlino of Northern Way per said TUSCAWILLA UNIT 13: thence run N 25021'46" W for a distance 01 1040.25 feet to the Poinl of
Beginning 01 tho lollowing described parcel 01 land;
Thence run N 66025'16" W for a distance' 01 230.11 feet; thence run N 78011'13" W lor a distance 01 1030.42 feet; thence run
N 57016'57" W for a distanco 01 259.96 feot; thenco run N 34038'06" E lor a distance of 299,31 feet: thence run S 07011'46" E lor a
distanco 01 629.84 leet: thenco run N 37029'38" E for a distanco 01 514.23 leet; thenco run N 64020'26" E lor a distance 315.39 feel;
IhefICe run S 25031'34" E lor a distance 01 140.00 feet; thence run N 64020'26" E lor a distance of 67.17 leet to the point 01 curvature
of a 'curve concave Norlhwesterly having a radius 01 75.00 leet; thence run Northeasterly along Ihe arc 01 said curvo through a central
angle 01 51014'17" lor a distance 01 67.07 leet to tho point 01 tangency; thence run S 56026'36" E lor a distance of 157.26 leel: thence
run S 22031'10" E lor a distance 01 140.00 reet; thenco run S 06023'37" E for a distance of 52.05 feet; thence run S 22031'10" E tor a
distance ot 140.00 leet; thenco run N 67028'50" E lor a distance 01 794.32 leet; thence run N 01024'52" E tor a distance of 51.75 feel:
thence run N 66041'30" E along a radial line for a distance 01 140.00 feet to a point on a curve concave Southwesterly having a radius of
1960.66 leet: thence run Southerly along the arc 01 said curve and along the Southerly Right.of.Way line of Winter Springs Boulevard (a
120' R1W) through a central angle 01 00047'12" lor a dislance of 26.92 leet to tho point 01 tangency; thence run S 2203", O' E along said
Southerly Right-ot.Way line lor a distanco of 277.54 feet; thenco run S 67020'50" W for a diSI<lnCe of 140.00 fcel; thence run
S 50046'53" W for a distanco of 52.20 loCI; thenco run S 67028'50" W for a distance 01 910.00 feet; thence run S 64003'36" W for a
distance of 92.07 feet; thence run S 52002'44" W lor a distance of 92.40 leet; thence run S 39038'49' W lor a distance 01 91.65 feet;
thence run S 26045'30" W lor a distance of 98.36 feet: thenco run S 66025'16" E lor a distance of 54,23 feet: thence run S 23034'44' W
lor a distance of 190.00 leet; thencorun N 66025'16" W lor a distance 01 100.00 leet to the Point 01 Beginning.
Containing 35.061 acres more or less.
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