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Home My WebLink AboutGreenbriar - vq ~ .. SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS GREENBRIAR (Also known as Greenbriar at Tuscawilla) t'-..) Q r.D <:;) ~ 0.. :;JC- (J1 - t )" ,. .:' .'. e:::> ~. t:: '""I ~ '"0 r~ co >t.- C) <<:..n "" CA ,...., :J:: :E o ,..... ", ('"') o This Supplementary Declaration, made on the date hereinafte~ set forth, by MONROE VENTURE II, INC., a Florida corporation, a Joint Venturer, and LECESSE CORPORATION OF WINTER SPRINGS, a Florida corporation, a Joint Venturer in the Winter Springs Joint Venture, (hereinafter collectively referred to as "Declarant"). WITNESSETH: WHEREAS, Declarant executed that certain Declaration of Covenants, Conditions and Restrictions for Greenbriar (hereinafter referred to as "Declaration") on May 29, 1985, and said Declarat:ion was recorded on May 30, 1985, in official records book 1642, pages 1958 - 1998, Public Records of Seminole County, Florida; and ~ CT'> WHEREAS, said Declaration has been amended as set forth in theJ '"" First, Second, Third, Fourth and Fifth Amendments to said Declara-~ '"" ,~ '. (i)"" I't)rr, ,.. ::0 c: ::;; ::X:); '-.:; <:) ~: r- ~, c jl \ r:'~ _"' ('~l:;; . .;:) ri G ::-~';:,:~ -=-;....c:. -< ,-.;::;: :"',b:r . .("- :... .-..~_:, tion, all recorded upon the Public Records of Seminole County, Florida; and WHEREAS, pursuant to Article VI of the Declaration, Declarant has the right to annex additional property to the existing proper~~ CO";) 0:1 '=' m n ::u f'11 ("") o ;;u o f'11 o l<'" < f'11 ;0 ""T1 ,,-, o subject to the Declaration; and WHEREAS, Declarant is desirous of annexing additional (!) property, as set forth on Exhibit "A" attached hereto and made a ,) :z:: part hereof, which would be subject to the Covenants, Conditions ~ w w and Restrictions of the Declaration, as amended; and PREPARED BY AN~E.T4:lH.~~ yep.- ALEXANDER J. OMBRES ARNOLD, MATHENY & EAGAN, P.A. Post Office Box 2967 Orlando, Florida 32802 '<F\URN TO" C\\y .J) \.0\~tt?R. S~R' M~ S. (Q/ I ( '2." t::. S R 4"3 <\- ~\t-:i\\::R <;P~\tJG_~/FL 3'2-rO<b ",.. ... WHEREAS, Declarant is the owner of all of the lots in property to be annexed. NOW, THEREFORE, Declarant hereby declares as follows, 1. In accordance with Article VI, Section 2, of the the ~ Q to..,) <J1 m o ~!!: ... :.~ .., :r, ... '::t ....... r c:: ~ "'01:: >0:.- ~ <ft m ~ .z to-w~~ , f"l ~ Declaration, as amended, the property set forth on Exhibit "A" , Q ;1 ......., . CO c.:n attached hereto and made a part hereof, shall be annexed and shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions which are set forth in the Declaration, as amended, and said property shall be brought within the juris- diction of the Association, as defined in the Declaration. The property, as described on Exhibit "A" attached hereto, shall be substituted for the property defined as Additional Property and described on Exhibit "c" attached to the Declaration as originally filed. The Association, as defined in the Declaration, shall goven and have jurisdiction over the property the subject of the annexation. 2. Article IX, Section 32 (e) shall be deleted in its entirety and the following be inserted in lieu thereof: "Section 32. (e) The Sanitary Sewer Easement recorded in Official Records Book 1260, Page 1631, of the Public Records of Seminole County, Florida, affects certain lots developed in the subdivision. Said Sanitary Sewer Easement affects lots 173, 174, 175, 176, 177, 178, 179, 180, 113, 114, 108 and 109. Lot owners of said lots affected by said Easement shall not be permitted to construct over, across above or under said easement area." 3. Except as previously amended, all terms and conditions of the Declaration shall remain in full force and effect. . . 4. This Supplementary Declaration shall only be effective upon the recording of this document upon the Public Records of Seminole County, Florida. IN WITNESS WHEREOF, the Dec1an:mt has caused this Supplementary Declaration to be executed this ~LF 0A ~. , 1988. day of ~ fTl ~ ;;r. ci r- r'I'1 C") ~ .." !- ~ Q. . "-0) CJ'J en (:) ~6 ..~ . ~, );; .,... ~'" ,..." ~..:;: :I.' ""I) ,,~, .:> '''' C') '11 ~~~ ~&~ THE WINTER SPRINGS JOINT VENTURE, a Joint Venture By: L f~~ Salvador F. Leccese, President LeCesse Corporation of Winter Springs, a Joint Venturer o ......., co "'" ~~-;::::::-- By: -";;-~ C .~:::::L--..._ ~k Collier, President Monroe Venture II, Inc., a Joint Venture A~J, . STATE OF PI tfh.J6. COUNTY OF OtL~ The foregoing instrument was acknowledged before me this J~ day of vt1~ ,1988, by SALVADOR F. LECCESE, President. of LeCesse Corporatl: n of Winter Springs, a Join Venture, on behalf of the Joint Venture. ,. Notary Pub l.C My Commission .' ,-\C. STATE OF COUNTY OF NEW' YORK MONROE Expires ~o:a.ry J'!J1:(tic,"S;a~e of, Flo,rid1' <It LMgc> My Cbrn;1,jssion E:{pir'~s [t~.c. 2S. 1991 Bonded thrO Agent'.s Notary Bro!;erage -- '.J, l' '" "11111' \ \ l' \' ,.,., The foregoing ins trument wA..s ~ckP.9~,~dged before me this _~ day of May ,1988, by Ri~hard=f~l~€fl, President of Monroe Venture II, Inc., a Joint Venture, on behalf of the Joint V~pt:.ure. ~ (f b ", "" " 1 " . L I~ ) c...,,\ \~. "('i) N - ~'C.J...-U.A_A-;:;;:;' . ;-6-f- lAA/,' c .~ '.... -. ( otary ,,' . :....;.--. c~. '. My Commission Expires: ,: i~ . -:J . -." BEVERLEY J. GOODELL .~ ;, " Notary Public. State of New Yorfc ,\ Qualified in Iv1onroe COUf~ _ r q : \.> C My Commission expires fj - 1_ i /..';. v, ,~.v,lj ;- " "'" .~: ! .. a -,"..! - -" ," ,,"\ 'i'., " ..~,,"'\\ 0,.\011 . ~ .., EXHIBIT "A". BEGIN at the Northwest corner of GREENBRIAR SUBDIVISION PHASE I as recorded in Plat Book 33, Pages I thru 4, Public Records of Seminole County, Florida, said point lying on the Easterly line of a Florida Power and Light Corp. Easement as recorded in Official Records Book 174, Page 235 of the Public Records of Seminole County, Florida; thence run N. 31045'52" W., along said Easement line 920.06 feet to a point in the centerline of Bowell Creek; thence leaving said Easement line run along the said centerline of Bowell Creek the following nineteen (19) courses and distances; thence N. 55048'42" E., 39.28 feet; thence N. 13057'00" E., 100.44 feet; thence s. 65042'28" E., 53.92 feet; thence N. 16008'27" E., 61.62 feet; thence N. 29004'00" W., 34.04 feet; thence N. 84028'41" E., 93~38 feet:; thence N. 40040'42" E., 61.28 feet:; thence N. 10010'05" E., 55.13 feet; thence N. 81028'42" E., 61.22 feet; thence N. 02038'25" W., 56.84 feet; thence N. 31048'19" E., 91.69 feet; thence R. 28009'35" W., 65.08 feet; thence S. 76052'16" E., 74.79 feet; thence N. 40001'25" E., 33.49 feet; thence N. 40043'04" W., 40.96 feet; thence N. 07008'54" E., 47.03 feet; thence S. 50010'05" E., 90.81 feet; thence N. 03010'47" E., 47.03 feet; thence N. 360l.4'06" E., 64.26 feet; thence S. 2~054'18" E., 364..56 feet; thence S. 56017'36" E., 186.67 feet; thence S. 22005'05" E., 167.53 feet; thence S. 18031'15" E., 333.70 feet; thence S. 13005'14" E., 191.24 feet to the Northeast corner of Greenbriar Subdivision Phase 1; thence along the North line thereof the following four (4) courses and distances; S. 43014'08" W., 258.00 feet; thence S. 31045'53" E., 10.35 feet; thence S. 58014'07" W., 24.00 feet; thence S. 73014'08" W., 381.62 feet to the POINT OF BEGIN- NING. I....:J (nQ rT, N X. ...... Z '-lI- e;) r- m M o C) <::) ~w. -.. .:~~ "','.?: ::;'1" ;~""'i ". '~~5 . ;::"0 "'tJt::~ >V-1 C') rn <::) ..., ....... reo 0;) 80[::\ rFrJC:.~,L ?f.:~;F.~IS ~'r.r:' t',.u_ { ... 1667 /327 SEMlHOLE co. FL. 4. That Section 25 of Article IX shall be deleted in its entirety and the following inserted in lieu thereof: "Section 25. Rules and Regulations. No Owner shall violate the rules and regulations for the use of the Lots and the Common Area, or any rule, regulation or code section of the Code of Ordinances, City of Winter Springs, Florida, as the same are from time to time adopted by the Association or the City. The prohibitions and restrictions contained in this Article shall be self-executing without implementation by rules and regulations; but the foregoing shall not be construed as an implied prohibi- tion against the Association's extending the scope of such prohi- bitions and restrictions by, from time to time, adopting rules and regulations consistent with this Declaration. The Associ- ation, from time to time, may adopt, alter, amend and rescind reasonable rules and regulations governing the use of the Lots, parking of vehicles on Lots and of the Common Area, which rules and regulations shall be consistent with the rights and duties established by this Declaration." 5. That Article XII shall be added after Article XI on page 37 as follows: ARTICLE XII COMPLIANCE WITH CODE OF ORDINANCES CITY OF WINTER SPRINGS, FLORIDA "The Developer and all parties to this Agreement and all subsequent parties to this Agreement, agree that nothing herein shall be construed as a waiver of any section of the Code of - 7 - e e . Class B. The Class B Member shall be the Declarant who - shall be entitled to three (3) votes for each assessable Lo~ ~ ~ ~ ~ ~ or Dwelling Unit owned. The Class B membership shall ceas~ ~ r- ", and be converted to Class A membership at such time as n ? seventy-five percent (75%) of all Lots or Dwelling Units i~ ~ ~ ~ r.; t.t.,) r r; Greenbriar shall have recorded ownership by Owners other than Declarant or on January 1, 1992, whichever occurs first. ARTICLE IV COVENANTS FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot and Dwelling Unit owned by Declarant within the Property, hereby covenants, and each Owner of any Lot or Dwelling Unit by acceptance of a deed therefor whether or not it shall be so expressed in such deed, is · deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the Lot and Dwelling Unit and shall be a continuing lien upon the Lot and Dwelling Unit against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of Record of such property at the time the assessment fell due. The personal obligation for delinquent - 6 - (rriL;,.~L E~:Jf\U0 BOOK PAGE. 4 1667 /328 SEMltiOLE co. FL. Ordinances, City of Winter Springs, Florida and that the City of Winter Springs is a proper party to this Agreement to the extent it deems it necessary to enforce same to protect the citizens of the City of Winter Springs, Florida." 6. Except as specifically modifed herein, all terms and conditions of the Declaration shall remain in full force and effect. 7. This Amendment shall only be effective upon the recording of this Amendment in the public records of Seminole County, Florida. IN WITNESS WHEREOF, the Declarant has caused this Amendment 2c" ~ of .\~ to be executed this ~ day ~, 1985. THE ent ~ By: ent Winter Springs / - 8 - 'Ilk ,:l.L F.~~:,~:F.~~~ BOO~ r~GE f 1667 1329 STATE OF FLORIDA COUNTY OF ORANGE SE~llNOLE CO. FL. The foregoing instrument was acknowledged before me this ~ day of~, 1985, by Miller McCarthy, Vice President of Lecessk~ion of Winter Springs, a Joint Ventu;t='e.~,'.."!an '~'.il , .. ../ f-;;Z;;;) ~~... ,;/ ~ ,..., f) I) "'~I I # ~.... <10"- V~~ .J'l...f,', './, ~ ,/ ,re-t.7./ ti : Notary Publ ic .. -< 0 rJ ~: My Commission Expires:', , '";\\'~'" ,:/ . '! l3',',\\ ". ,_'I behalf of the Joint Venture. .-; ,'" . ., ..: "'1::' , ' . : ~ '<: .-, STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me thiscJC~ i"\ day of C~lL.-f_ , 1985, by D. Lawrence Keef, President of // Monroe'Venture II, Inc., a Joint Venture, on behalf of the Joint Venture. Expires: '. -i, .. If t>- ..{ 0 t: y . '/ ::1- \ ..' . , ,",\ ';,'.., .. ',,\.' ": STATE OF FLORID~ I . COUNTY OF '()RAN8~~ The foregoing instrument was acknowledged before me thj~ ~~ day of eA"tdh 1985, by ~.-.v V. I ~~-) .' .:Il~~:>;:' Mayor, City of Winter Springs. : :z: · U/~';O" ~ . . ], -{ J ./ ~ .,-', &.... ' - :r, ~-;r-.. ". \..' ". ' I ' _/'~'.J" - Notary Publ ic ....:l' My Commission Expires': "OTA.~r f'U81,'~, :W' :JF flomOA AT lWi" MY roM;'!l~'Oit li.PiRES APRtL 4, 1961 c: - 9 - 00 \;)J/ ~ ~ _J ~ " .) ~, '~' ~ J f,j -.J \ -J " ~ ....; ....,) ., J ...J ~~~ '--' \ '.J..: 'I '-.....'y IIIJ ... (:Fr;~~!.L r:ESDF.fJS ....,. ,..,1,' ..... '. '/,- I #-J-'lo.. > BOOK 1667 13Z1 \ SEMINOLE CO. FL. " FIRST AMENDHENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS GREENBRIAR (ALSO KNOWN AS GREENBRIAR AT TUSCAWILLA) THIS FIRST AMENDMENT, made on the date hereinafter set forth by MONROE VENTURE II, INC., a Florida corporaiton, a Joint Venturer, and LECESSE CORPORATION OF WINTER SPRINGS, a Florida corporation, a Joint Venturer in The Winter Springs Joint Venture (hereinafter collectively referred to as "Declarant"). WIT N E SSE T H WHEREAS, Declarant executed that certain Declaration of Covenants, Conditions and Restriction for Greenbriar (hereinafter referred to as "Declaration") on Hay 29, 1985; and WHEREAS, said Declar~tion was recorded on May 30, 1985 in Official Records Book 1642, Pages 1958 through 1998, Public Records of Seminole County, Florida; and WHEREAS, Declarant is desirous of amending the Declaration to comply with suggested changes submitted by the City of Winter Springs, Florida; and WHEREAS, the Declarant is desirous of amending the Declaration in accordance with the requirements of Article Xl, Section 5; and WHEREAS, the Declarant is the owner of all the lots of the subdivision; and This Instrument and return to: en ,..., -'0 ;;00 ~ ~ .\~;;' -:,,~., . Prepared by Alexander J. Ombres Arnold, Matheny, & Eagan P.A. P.O. Box 2967 Orlando, Florida 32802 ~ I-' ~ - ~ ~ -0 "~ t :...= :::c: !- :; \ _ .. c::D U"1 Q.~t'A.I /'I-tl4fV ~ .. N N (X) CD r-v ,. .. r:r.~:'L :~.::_~';~: 8CCt\ P/.C:: 1667 1322 SEMJNOLE co. Fl. WHEREAS, Declaration as originally filed referred to the association as Greenbriar Homeowners' Association and now Declarant is desirous of changing said name to Greenbriar at Tuscawilla Homeowner's Association. NOW, THEREFORE, Declarant hereby declares as follows, to-wit: 1. That Section 1 of Article I shall be deleted in its entirety and the following be inserted in lieu thereof: ARTICLE I DEFINITIONS "Section 1. "Association shall mean and refer to the Greenbriar at Tuscawilla Homeowners' Association, Inc., its successors and assigns." 2. That Article VI shall be deleted in its entirety and the following shall be inserted in lieu thereof: ARTICLE VI PROPERTY SUBJECT TO THIS DECLARATION; AND ANNEXATIONS "Section 1. The Property. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Seminole County, Florida, and is more particularly described in Exhibits "A" and "B" hereof; to wit: The "Existing Property". Section 2. Annexation of Additional Property. The Declarant, from time to time, may, in its discretion, cause all or any portion of other properties which it owns adjacent to the Existing Property which are hereafter referred to as the - 2 - .) ..,., CFf;C!L c,:::::::; BOOK /' !.r~r:. " 1667 /323 SEMINOLE CO. FL. "Additional Property" (as more particularly described in Exhibit "C") to be annexed; to wit: to be subjected to the terms of this Declaration and brought within the jurisdiction of the Association, provided, however, that under no circumstances shall Declarant be required to make such annexations and additions. Until such time as such annexations and additions are made to the Existing Property, in the manner hereinafter set forth, real property owned by Declarant, as described in Exhibit "C", other than Existing Property, shall in no way be affected by or become subject to the Declaration, nor shall this Declaration constitute a cloud, doubt, suspicion, or encumbrance on the title to said lands. The annexation of all or a portion of the Additional Property authorized under this section, shall be made by the Declarant filing of record a Supplementary Declaration of Covenants, Conditions and Restrictions with respect to such Additions to the Existing Property which shall extend the scheme of the covenants and restrictions of this Declaration to such property; and such Supplementary Declaration may contain such complementary additions as Declarant may determine to be necessary to reflect the different character, if any, of such Additions to the Existing Property and as are not inconsistent with the scheme of this Declaration. The Declarant specifically reserves the right, in its discretion, to establish additional homeowners' associations with respect to each phase of the Additional Property and to impose additional covenants and restrictions with respect to all or any - 3 - ... [F F l C ~ ,'. L E ~ C = E :_~ ~ 60CY\ P LGE , ~ 1667 132~ SEMINOLE CO. FL. portion of the Additional Property and such action by the Declarant shall not preclude the Additional Property affected thereby from being annexed and brought within the jurisdiction of '\ the Association as provided herein. All of the above shall be subject to compliance with the zoning and building regulations of the City of Winter Springs, Florida and approval of the City of Winter Springs, Florida." 3. That Sections 1, 2 and 3 of Article VIII shall be deleted in their entirety and the following shall be inserted in lieu thereof: ARTICLE VIII ARCHITECTURAL REVIEW BOARD "Section 1. Formation. There shall be formed a committee of the Association known as the "Architectural Review Board" (the "ARB"). The ARB shall be composed of three (3) individuals who need not be members of the Association who shall be appointed solely by the Declarant until the Declarant no longer owns twenty-five percent (25%) of the Lots within Greenbriar; there- after, the members of the ARB shall be appointed by the Board of Directors of the Association. A quorum of the ARB shall be two (2), and the affirmative vote of two (2) members shall be - required in order to adopt or promulgate any rule or regulation, or to make any findings, determinations, ruling or orders, or to ~ - --,- j ~ issue any permit, authorization or approval pursuant to direc- ----.-.. -_... --....,.. tives or authorizations contained herein. Any approval by the ARB in accordance with the terms hereof shall be final and binding. The Architectural Review Board does not have the - 4 - ... rFF;C!,a~L F,~~:~~:~)3 BOOr, f t.Gr:.. 1667 /325 SEMINOLE co. FL. authority to waive any provision, section or requirement of the Code of Ordinances for the City of Winter Springs, Florida. i;('ii~o1e. "..'.';,j~~~~!'M~,*"",..;'.".,"./'-',~c.....,.._. ,...... '''''.'~.....,..... No '. .~t~===-~ ~"'IUW_~"."',i building, fence, wall, or other structure shall be commenced, erected or maintained upon Greenbriar, nor shall any exterior addition to or change or alteration be'made to any existing building, fence, wall or other structure, nor shall any land- scaping be commenced or existing landscaping substantially altered or changed, unless and until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the ARB. Section 3. Rules, Statements of Policy, and Effect of ARB Approvals. The ARB may promulgate rules governing the form and content of plans to be submitted for approval or requiring speci- fic improvements on Lots or Dwelling Units, including, without limitation, exterior lighting and planting, and may issue state- ments of policy with respect to approval or disapproval of the architectural styles or details, or other matters, which may be presented for approval. Such rules and such statements of policy may be amended or revoked by the ARB at any time, and no inclu- sion, omission from or amendment of, any such rule or statement shall be deemed to bind the ARB to approve or disapprove any - 5 - [TLC:!\L :',::~' r. ":J BOCK P~G~ , 4 1667 /326 SEM1HOLE co. Fl. feature or matter subject to approval, or to waive the exercise of the ARB's discretion as to any such matter; but no change of policy shall affect the finality of any approval granted prior to such change. Approval for use on any Lot or Dwelling Unit of any plans or specifications shall not be deemed a waiver of the ARB's right, in its discretion, to disapprove such plans or specifica- tions or any of the features or elements included therein if such plans, specifications, features or elements are subsequently submitted for use on any other Lot or Dwelling Unit. Approval of any such plans and specifications relating to any Lot or Dwelling Unit, however, shall be final as to that Lot or Dwelling Unit and such approval may not be revoked or rescinded thereafter, provided (a) that the structures or uses shown or described on or in such plans and specifications do not violate any specific prohibition contained in any covenants and/or restrictions recorded against said Lot or Dwelling Unit, and (b) that the plans and specifications, as approved, and any condition attached to any such approval, have been adhered to and complied with ir. regard to all structure on and uses of the Lot or Dwelling Unit in question. In the event that the ARB fails to approve or disapprove any plans and specifications as herein provided within thirty (30) days after submission thereof, the same shall be deemed to have been approved, as submitted, and no further action shall be required. The ARB shall have no authority to promulgate a rule, statement or policies in conflict or inconsistent with the Code of Ordinances of the city of Winter Springs, Florida." - 6 - , , GREENBRIAR AT TUSCAWILLA HOMEOWNERS' ASSOCIATION, INC. % SENTRY MANAGEMENT, INC. 2180 WEST STATE ROAD 434, SUITE 5000 LONGWOOD, FLORIDA 32804 I- JANUARY 02~ ,1995 TO WHOM IT MAY CONCERN; The Greenbriar Architectural Review Board approves, by their notarized signatures below, the use of the more restrictive set backs for the construction of homes in Phase II of Greenbriar by D.R. Horton, Inc., as outlined in the January 18, 1995 letter from American Surveying and Mapping (exhibit attached). The Board had already accepted the individual plans and specifications, previously submitted, which bore the signatures of the respective members. This letter will also confirm that Phase I and Phase II are one and the same Homeowners' Association and Architectural Review Boards. ~~~ brey ertson ~~ Susan Sauter ~~ Charles Elkins ~lytt~ \,y~:~~~ ..~~~ .W~. to ~~ . I HEREBY CERTIFY, that on this 2V~ day of ~NV~ ' 1995, before me personally appeared Aubrey Robertson, Charles Elkins, Susan Sauter, and Marvin D. Kelly, as active members of The Greenbriar at Tuscawilla Homeowners' Association Architectural Rev~w Board~ to me known personally or who has produced a.(()-lt.~ ((.~;vt;.L as identification and acknowledged the execution thereof to be a letter of confirmation of acceptance of plans, specification, set backs, Homeowners' Association and Architectural Review Board for the uses and purposes therei mentioned. STATE OF FLORIDA COUNTY OF SEMINOLE an - official seal at winter Springs, f Seminol . .......... *..~p.RY Pu6'(~" OFF ICIAL SEAL . << : '\n?:\(1{ ~ SHARON A. HOWARD ~ ~~~ITT fit, 5 ,\iY CO~1misslon ExpIres .. ... ~ It ,: Sept. 24, 1996 ...." ~ << ".:::~OFF\.O'1'*.. Comm. No. CC 231007 ..........*'t ii I D ~ R .: HORTON 6250' HAZELTINE NATIONAL DRIVE i !i SUITEi 1,02 I ii OF.LANDO', FLORIDA 32822 ,Ii !!I :: ; i" ;, , ~'I[I ! HE ~ I ' SUMMERY OF BUILDU~G SETBACF: CONDITIONS au tritE GREENBRIER! II pHASE ,~O PROJECT IN ~'lINTER SPRINGS, FLORIDA. j 1 ' il'! III I I: !' !', I I i II b :1' 'I' AT~t: ,: !tOB LA'r~SOU <7:>, ' ~ ' ,: , :: I! 1: ' , ' I! ' ' ' ," "I I' ' ,;" ',I j I ) ': ,',: I: ,I , THEiBU1LDIlIG gETBACK CRITERIA FOR THE ABOVE REFERENCED PROJECT [ AS FURNI$~~D TO AMERICAN SURVEYING AND 11APPING BY D.R. HO~TON !I~: ~q fOLLOWS: I,",' ii, !III i , I" ! I1II ~!ONT SETBACK IS MINIMUM 20.00 rEIl1 ~ ' i Ii 1! , ' , ~;I i I ! ' I . i ;1, 'r: i :: :: S~DE SETBACK IS MINIMUM 0.00 TO 10,.00 FEaT (MAIN7AINI~qi~l !'1fN IMUM or 10. 0 0 r~ET IlETWEEll AN'lADJACIlNT RESID~~CE) I 11 ;i 'i ' i j ,i! :1' SIDE STREET SETBACK IS MINIMUM 10',00 FEET. ,~: jl i !i " !REAR SETBACK IS MiNIMOJ:.1 6. 0 FEET. :1; II 1 :i :1 :; , ~ , I II ~I I II: ;1 I ., '~ECE'VED~ ':' ,I JAN 25 1995 :j i~ :; 'i: \JilY Of Vliimer,~pri(ig~, Bldg. Qept. ~. . ---.. . .. . I 4el75~"'"704 , . Al-{ SU~,VEY I NCii Al'lE' (,UWUCAN sumnNG Ie ~p~gJ JANUARY 18, 1995 I !I II " Ji,'''''''L {J. {)t1WWi- .. ~. 'I'HOMAS A. DOWNS, P. L. S. 'I ' , " , " : i! ~ :. ~ ~ I II ,I' i , ~ J' " ' ~ ; ii r: ,I 'j I' 'I 'I i I i! ' I' " - - - P. ,",2 , ;:\00 N. PARK AVENUE . ~UITE 202 WINie:~ PARK. FL. 3Z76~ 1 33.19 w. OA~{ STREeT KISSIMMEE. fL,3474S (401) 9~5-!H 19 · FA)< (407) \l35-tSaZ' ~ ':f : ,:' :; I ".,. ._ _ .... _" A ,l FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS GREENBRIAR (ALSO KNOWN AS GREENBRIAR AT TUSCAWILLA) THIS FIRST AMENDMENT, made on the date hereinafter set forth by MONROE VENTURE II, INC., a Florida corporaiton, a Joint Venturer, and LECESSE CORPORATION OF WINTER SPRINGS, a Florida corporation, a Joint Venturer in The Winter Springs Joint Venture (hereinafter collectively referred to as "Declarant"). WIT N E SSE T H WHEREAS, Declarant executed that certain Declaration of Covenants, Conditions and Restriction for Greenbriar (hereinafter referred to as "Declaration") on Hay 29, 1985; and WHEREAS, said Declaration was recorded on May 30, 1985 in Official Records Book 1642, Pages 1958 through 1998, Public Records of Seminole County, Florida; and WHEREAS, Declarant is desirous of amending the Declaration to comply with suggested changes submitted by the City of Winter Springs, Florida; and WHEREAS, the Declarant is desirous of amending the Declaration in accordance with the requirements of Article XI, to Section 5; and WHEREAS, the Declarant is the owner of all the lots of the subdivision; and TI1is Instrument Prepared by and return to: Alexander J. Ombres Arnold, Matheny, & Eagan P.A. P.O. Box 2967 Orlando, Florida 32802 r;J.,.,~ e N iJ 1'-1 n,fL,. ~r?r 3l1-<-t~ 5 . pc' r 3~ .., ;) -1 ~ 0 It~ i3J4~ \ - - ..... . 1. . ." " WHEREAS, Declaration as originally filed referred to the association as Greenbriar Homeowners' Association and now Declarant is desirous of changing said name to Greenbriar at Tuscawilla Homeowner's Association. NOW, THEREFORE, Declarant hereby declares as follows, to-wit: 1. That Section 1 of Article I shall be deleted in its entirety and the following be inserted in lieu thereof: ARTICLE I DEFINITIONS "Section 1. "Association shall mean and refer to the Greenbriar at Tuscawilla Homeowners' Association, Inc., its successors and ass igns ." 2. That Article VI shall be deleted in its entirety and the following shall be inserted in lieu thereof: f. ARTICLE VI PROPERTY SUBJECT TO THIS DECLARATION; AND ANNEXATIONS "Section 1. The Property. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Seminole County, Florida, and is more particularly described in Exhibits "A" and "B" hereof; to wit: The "Existing Property". Section 2. Annexation of Additional Property. The Declarant, from time to time, may, in its discretion, cause all or any portion of other properties which it owns adjacent to the Existing Property which are hereafter referred to as the - 2 - s;'eT- f3;.::1 elc ,- P/4i ~ @ \ j .. "Additional Property" (as more particularly described in Exhibit "C") to be annexed; to wit: to be subjected to the terms of this Declaration and brought within the jurisdiction of the Association, provided, however, that under no circumstances shall Declarant be required to make such annexations and additions. Until such time as such annexations and additions are made to the Existing Property, in the manner hereinafter set forth, real property owned by Declarant, as described in Exhibit "C", other than Existing Property, sball in no way be affected by'or become subject to the Declaration, nor shall this Declaration constitute a cloud, doubt, suspicion, or encumbrance on the title to said lands. The annexation of all or a portion of the Additional Property authorized under this section, shall be made by the Declarant filing of record a Supplementary Declaration of Covenants, Conditions and Restrictions with respect to such Additions to the Existing Property which shall extend the scheme of the covenants and restrictions of this Declaration to such property; and such Supplementary Declaration may contain such complementary additions as Declarant may determine to be necessary to reflect the different character, if any, of such Additions to the Existing Property and as are not inconsistent with the scheme of this Declaration. The Declarant specifically reserves the right, in its discretion, to establish additional homeowners' associations with respect to each phase of the Additional Property and to impose additional covenants and restrictions with respect to all or any - 3 - -----~ - '. r j portion of the Additional Property and such action by the Declarant shall not preclude the Additional Property affected thereby from being annexed and brought within the jurisdiction of the Association as provided herein. All of the above shall be subject to compliance with the zoning and building regulations of the City of Winter Springs, Florida and approval of the City of Winter Springs, Florida." 3. That Sections 1, 2 and 3 of Article VIII shall be deleted in their entirety and the following shall be inserted in lieu thereof: ARTICLE VIII ARCHITECTURAL REVIEW BOARD "Section 1. Formation. There shall be formed a committee of the Association known as the "Architectural Review Board" (the "ARB"). The ARB shall be composed of three (3) individuals who '. need not be members of the Association who shall be appointed solely by the Declarant until the Declarant no longer owns twenty-five percent (25%) of the Lots within Greenbriar; there- after, the members of the ARB shall-be appointed by the Board of Directors of the Association. A quorum of the ARB shall be two (2), and the affirmative vote of two (2) members shall be required in order to adopt or promulgate any rule or regulation, or to make any findings, determinations, ruling or orders, or to issue any permit, authorization or approval pursuant to direc- tives or authorizations contained herein. Any approval by the ARB in accordance with the terms hereof shall be final and binding. The Architectural Review Board does not have the - 4 - ---~- .~ t authority to waive any provision, section or requirement of the Code of Ordinances for the City of Winter Springs, Florida. Section 2. Review by the Architectural Review Board. No building, fence, wall, or other structure shall be commenced, erected or maintained upon Greenbriar, nor shall any exterior addition to or change or alteration be made to any existing building, fence, wall or other structure, nor shall any land- scaping be commenced or existing landscaping substantially altered or changed, unless and until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the ARB. The Developer and his assigns are exempt from these requirements of prior submission to and approval by the ARB. Nothing herein shall authorize the ARB or Developer to issue a a, waiver of any provision, section or requirement of the Code of Ordinances for the City of Winter Springs, Florida. Section 3. Rules, Statements of Policy, and Effect of ARB Approvals. The ARB may promulgate rules governing the form and content of plans to be submitted for approval or requiring speci- fic improvements on Lots or Dwelling Units, including, without limitation, exterior lighting and planting, and may issue state- ments of policy with respect to approval or disapproval of the architectural styles or details, or other matters, which may be presented for approval. Such rules and such statements of policy may be amended or revoked by the ARB at any time, and no inclu- sion, omission from or amendment of, any such rule or statement shall be deemed to bind the ARB to approve or disapprove any - 5 - ! feature or matter subject to approval, or to waive the exercise of the ARB's discretion as to any such matter; but no change of policy shall affect the finality of any approval granted prior to such change. Approval for use on any Lot or Dwelling Unit of any plans or specifications shall not be deemed a waiver of the ARB's right, in its discretion, to disapprove such plans or specifica- tions or any of the features or elements included therein if such plans, specifications, f~atures or elements are subsequently submitted for use on any other Lot or Dwelling Unit. Approval of any such plans and specifications relating to any Lot or Dwelling Unit, however, shall be final as to that Lot or Dwelling Unit and such approval may not be revoked or rescinded thereafter, provided (a) that the structures or uses shown or described on or in such plans and specifications do not violate any specific prohibition contained in any covenants and/or restrictions recorded against said Lot or Dwelling Unit, and (b) that the plans and specifications, as approved, and any condition attached to any such approval, have been adhered to and complied with in regard to all structure on and uses of the Lot or Dwelling Unit in question. In the event that the ARB fails to approve or disapprove any plans and specifications as herein provided within thirty (30) days after submission thereof, the same shall be deemed to have been approved, as submitted, and no further action shall be required. The ARB shall have no authority to promulgate a rule, statement or policies in conflict or inconsistent with the Code of Ordinances of the City of Winter Springs, Florida." - 6 - '- A. ! 4. That Section 25 of Article IX shall be deleted in its entirety and the following inserted in lieu thereof: "Section 25. Rules and Regulations. No Owner shall violate the rules and regulations for the use of the Lots and the Common Area, or any rule, regulation or code section of the Code of Ordinances, City of Winter Springs, Florida, as the same are from time to time adopted by the Association or the City. The prohibitions and restrictions contained in this Article shall be self-executing without implementation by rules and regulations; but the foregoing shall not be construed as an implied prohibi- tion against the Association's extending the scope of such prohi- bitions and restrictions by, from time to time, adopting rules and regulations consistent with this Declaration. The Associ- ation, from time to time, may adopt, alter, amend and rescind '. reasonable rules and regulations governing the use of the Lots, parking of vehicles on Lots and of the Common Area, which rules and regulations shall be consistent with the rights and duties eS,tablished by this Declaration." 5. That Article XII shall be added after Article XI on page 37 as follows: ARTICLE XII COMPLIANCE WITH CODE OF ORDINANCES CITY OF WINTER SPRINGS, FLORIDA "The Developer and all parties to this Agreement and all subsequent parties to this Agreement, agree that nothing herein shall be construed as a waiver of any section of the Code of - 7 - t Ordinances, City of Winter Springs, Florida and that the City of Winter Springs is a proper party to this Agreement to the extent it deems it necessary to enforce same to protect the citizens of the City of Winter Springs, Florida." 6. Except as specifically modifed herein, all terms and conditions of the Declaration shall remain in full force and effect. 7. This Amendment shall only be effective upon the recording of this Amendment in the public records of S~minole County, Florida. IN WITNESS WHEREOF, the Declarant has caused this Amendment to be executed this 20~day of ~. 1985. THE WINTER SPRINGS JOINT VENTURE, J n Vent e to By: ~. 2 4 D. Lawrence Keef, eSldent Monroe Venture II, Inc., a Joint Venture Mayor, City of Winter Springs - 8 - STATE OF FLORIDA COUNTY OF ORANGE behalf of the Joint Venture. The foregoing instrument was acknowledged before me thiso2oA7 day o~ , 1985, by Miller McCarthy, Vice President of Leces~ion of Winter Springs, a Joint Venturer, on ~9~-tJ Notary Public My Commission Expires: STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this~ day of~, 1985, by D. Lawrence Keef, President of Monroe ~nture-;~ Inc., a Joint Venture, on behalf of the Joint NOTARY PUBLIC. STATE OF FLORIDA AT LARGE MV COMMiSSION EXPIRES JAN. 22, 1988 BOt<,)~D lHrl0UGH MUROSKI-ASHTO". INC Venture. Expires: NOTARY PUBLIC, 5T ATE OF FLORIDA AT LARGI: MY COMMISSiON EXPIRES JAN 22. 1988 BONDED THROUGH MURaSKI-ASHTON. INC STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of , 1985, by Mayor, City of Winter Springs. Notary Public My Commission Expires: - 9 - . ~""tl\iVV\.- -to o. " ~' G:/ThiS Ins!~u:nen.! WC!5 Prepared By; U C. DAviD 8i'O~'iN, II, J\TTY. v '\ BROAD AND CASSEL MaitlLlnd Center. Fourth Floor 1051 Winderiey Plilce DECLARATION OF COVENANTS, CONDITIONS ,f\~ANn:dRES:rRiI~fQNS GREENBRIAR - (/') IT! == ..... o r- IT! C"') ~ THIS DECLARATION, made on the date hereinafter set forth by ~ o 0') .;:::.. r...,) Monroe Venture II, Inc., a Florida corporation, a Joint Venturer, c..o U1 Q:l I and LeCesse Corporation of Winter Springs, a Florida corporation, a Joint Venturer in The Winter Sp .I.11gS Joint Venture (hereinafter collectively referred to as "Declarant"). WITNESSETH WHEREAS, Declarant is the owner of certain real property situated in Seminole County, Florida, more particularly described in Exhibit "A" and "B" attached hereto. NOW THEREFORE, Declarant hereby declares that all of the property shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions - which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any rights, title or interest in the described properties or any part hereof, their heirs, successor and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to the Greenbriar Homeowners' Association, Inc., its successors and assigns. - ... .. Section 2. "Owner" or "Unit Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot and/or Dwelling Unit which is a part of the Property including contract Sellers but excluding those (" en r~ .;=- ~ having such interest merely as security for the performance of arl-- P: r, e.. r--.,) obligation, unless and until such interest has been acquired cn CJl c.=t .." r- pursuant to foreclosure or any proceeding in lieu of foreclosure: Section 3. "Property" or "Existing Property" shall mean and refer to the entire parcel of real property located ~n Seminole County, Florida set forth as Exhibit "A" and "B", now known as Greenbriar, and such supplements thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners and improvements located thereon including, but not limited to the paved streets, street lighting, irrigation systems, utility lines and drainage . facilities, fencing, sidewalks, pathways, landscaping, security system and recreational area, including swimming pool and tot lot. Section 5. "Lot" shall mean and refer to any plot of land so defined and shown upon any recorded subdivision of the Properties with the exception of the Common Area. Section 6. "Additional Property" shall mean and refer to that certain real property heretofore described in Exhibit "c" hereof. - 2 - ~ .. . Section 7. "Dwelling Unit" or "Unit" shall mean and refer to any building or portion of a building situated upon a lot which is designed and intended for use and occupancy as a - Section 8. "Declarant" shall mean and refer to Monroe U) C') ~ ~ ~ N o r- I'T1 n p ..., r- . c.o C') C) residence by a single family. Venture II, Inc., a Florida corporation, a Joint Venturer, and LeCesse Corporation of Winter Springs, a Florida corporation, a Joint Venturer in The Wintr- Springs Joint Venture, or their Successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. Section 9. "Member" shall mean and refer to all said Owners who are members of the Association as provided in Article III herein. - ARTICLE II PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment. Every Owner. shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot and Dwelling Unit, subject to the following provisions: (a) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area. (b) The right of the Association to suspend the voting rights and right to use any recreational facilities by an owner for any period during which any assessment against his - 3 - 1 ~ Lot or Dwelling Unit remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations, and such period shall be extended if en ~ said infraction continues beyond sixty (60) days. :.c C) r- ", ( c) The right of the Association to dedicate n or !=' transfer all or any part of the Common Area to any public ? - 0) ~ "-.) - co 0') agency, authority, or utility for such purposes and subject - to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective udless an instrument agreeing to such dedication or transfer be passed by a positive vote of two-thirds (2/3) of each class of the then current members. Each member shall have been duly notified by Certified U.S. mail, addressed to his last current address on file with the Association, with the blank ~ formal ballot stating in clear terms the conditions of the proposal of dedication, including date and place for receiving said votes or ballots. Upon formal tabulation of votes by the Association's Board of Directors, that Board will then be empowered to act in accordance with the wishes of membership. If said voters are in favor of the proposi- tion by a minimum of two-thirds (2/3) of the qualified members of each class, the formal proposition of dedicathm shall be prepared, filed and recorded in the Public Records of Seminole County, Florida, by the Association Board of Directors or its authorized designee. Section 2. Delegation of Use. Any Owner may delegate, in accordance with the Association's Bylaws, his right of enjoyment - 4 - T ... to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property at that time. However, no duplication of use will be permitted. ARTICLE III en !::! - s: o r- m ("") aO .., r- . 0') ~ N Section 1. Membership and Voting Rights. Every Owner of Lot or Dwelling Unit which is subject to assessment shall be a Member of the Association. Membership shall be appurtenant to co . . 0') c N r and may not be separated from ownership of any Lot or Dwelling Unit which is subject to assessment. In the event that all or a portion of the Additional Property is added to the Existing Property as provided herein, each Unit Owner within such Additional Property shall become a member of the Association and will be subject to assessment therefrom and shall be entitled to vote as a Class A member. Section 2. The Association shall have two (2) classes of voting membership: Class A. All Owners shall be Members, and shall be 1# entitled to one vote for each Lot or Dwelling unit owned; provided, however, that the Declarant shall not be a Class A Member unless and until seventy-five percent (75%) of the Lots or Dwelling units are owned by Owners other than Declarant. When more than one person holds an interest in any Lot, all such persons shall be Members, the vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot or Dwelling Unit. - 5 - r . assessments shall not pass to his in title unless - successors 0> m (1'1 0 fTI .;::r0- o expressly assumed by them. ~ ~ 0 ~ r- Section 2. Purpose of Assessments. The assessments leviet! n p by the Association shall be used exclusively to promote the ." co -.;;.. r- . 0> ~... '.' recreation, health, safety, and welfare of the residents of -4=='- rn Greenbriar and of all Lots and Dwelling Units situated therein, and for the acquisition, improvement and maintenance of the Common Areas. Witho~r limiting the generality of the foregoing, assessments shall be levied by the Association to provide the following services: (a) Exterior Maintenance. The Association shall employ such persons and contact as necessary to provide the exterior maintenance of all Lots and Dwelling Units as set forth in Article V below. (b) Security System. Association may maintain a Security Gate System, but only when and to the extent specifically authorized by the Board of Directors of the - Association; (c) Other Services. Association may, upon a two-thirds vote of the Board of Directors, provide other services which enhance the health, safety or general welfare of the Owners of Greenbriar. Any, or all of the foregoing services, and the assessments associated therewith, may be terminated upon two-thirds positive vote of the Board of Directors, and after sixty (60) days written notice to the Owners. Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot or - 7 - .. .. Dwelling Unit to an Owner, the maximum annual assessment shall be $1 ,020.00 per Lot or Dwelling Unit or $85.00 per month. (f) C') ~ ;~~ (a) From and after January 1 of the year immediately 0 ~ r- f'Yl following the conveyance of the first Dwelling Unit to an n p ~ '0 -. Owner, the maximum annual assessment may be increased by dffe C') (~ n- Board of Directors annually by an amount not to exceed an ~ increase greater than fifteen percent (15%) of the maximum assessment for the previous year without a vote of the membership. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above fifteen percent (15%) by a vote of two-thirds (2/3) of each class of Members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual . assessment at an amount not in excess of the maximum. Section 4. (a) Special Assessments for Capital Improvements. In addition to the annual assessment author- ized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying in whole or in part, the mainten- ance responsibilities of the Association, the cost of any acquisition of Common Area, and the cost of construction, reconstruction, repair or replacement of any capital improvements upon the Common Area including fixtures and personal property related theretoj provided that any such - 8 - 1J1 - ~- .~. -~ - =~-~-==~ ~.. -,. };:';r;:~ assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person by proxy at a meeting duly called for this purpose. (b) Reserves. The Association shall include within or (/) /'T1 ~ o r- t~e p - 0') tt c:: 0:=- r ;.:.; f'...) - CO :~: 0') ~ - r.:> 0') ", annual assessment amount (but not be limited by the matter~ for which reserves may be collected as hereafter stated), sums to be collected as reserves for replacement of storm sewer' underdrains for storm water retention, streets, roofs, recreational facilities and painting. Such reserve . amounts will be based on a schedule approved and prepared by the Board of Directors on an annual basis. Such schedule of reserve amounts shall be based on the cost of the improvements and their estimated life. This section shall not abrogate, modify, amend or supersede the provisions of any other section of this Article. Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for II the purpose of taking any action authorized under Section 3 or 4 shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum - 9 - T ..', --- ~ at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.~ ~ ~ ~ ~ ~ Section 6. Uniform Rate of Assessment. Except as otherw~e~ r- rn provided in Section 4 and in Article V, both annual and specia.1n p assessments must be fixed at a uniform rate for all Lots and ~ ~ ~ ~ b rn Dwelling Units and may be collected once annually or from time to~ time as the Board of Directors of the Association, in its discre- tion, may decide. However, Declarant may elect not to pay the annual or special assessment upon unsold Lots owned by the Declarant for so long as Declarant shall obligate itself to pay all expenses incurred by the Association in excess of the amounts produced from the assessments. Section 7. Date of Commencement of Annual Assessment: Due Date. The annual assessments provided for herein shall commence as to all Lots and Dwelling Units for which a closing has occur- red, as provided herein, on the first day of the month following . the conveyance of the Common Area to the Association. The first Annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot and Dwelling Unit at least thirty (30) days in advance of each annual assessment. In the event the Board of Directors fails to fix the annual assessment, such annual assessment for the suc- ceeding year shall, at a minimum, equal the annual assessment for the preceding year. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association - 10 - shall, upon demand, and for a reasonable charge, furnish a certi- ficate signed by an officer of the Association setting forth whe~ fT) -,. (:) r- /'T1 paid. A properly executed certificate of the Association as tel n p the status of assessments on the Lot or Dwelling Unit is binding? c.o C1) ;_~ co IT the assessments on a specified Lot or Dwelling Unit have been en r' ~ E "'.J upon the Association as of the date of its issuance. Section 8. Effective Date. The assessment for each Lot on whic~ a Dwelling Unit has been constructed shall commence on the first day of the month after the issuance of a certifLcate of occupancy by the City of Winter Springs Authorities or its equivalent for the Dwelling Unit. Section 9. Effect of Non-Payment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the highest rate allowed by law. Association may bring an action . at law against the Owner personally obligated to pay the same, or foreclose lien against the property. In either event, the delinquent Owner shall be liable to the Association for all costs and reasonable attorneys' fees incurred in connection with such a suit of foreclosure. If any installment of an assessment remains unpaid thirty (30) days after it shall become due, the Board of Directors may declare the entire assessment as to that delinquent Owner due and payable in full as if the entire amount was originally assessed. No Owner may waive or otherwise escape liability for the asses'sments provided for herein by non-use of the Common Area or abandonment of his Lot or Dwelling Unit. - 11 - Section 10. Subordination of the Lien to Mort~a~es. The lien of the assessments provided for herein shall be subordinatem ~ to the lien of any first mortgage. Sale or transfer of any Lo1.: g ITI or Living Unit shall not affect the assessment lien. However, p ..., :- - C') ~ ~ - the sale or transfer of any Lot or Living Unit pursuant to c.o . C')f (0 r mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale ~.. transfer shall relieve such Lot or Living Unit from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE V EXTERIOR MAINTENANCE Section 1. Exterior Maintenance. In addition to mainten- ance of the Common Area, the Association shall provide exterior maintenance upon every Lot and Dwelling Unit which is subject to assessment under Article IV hereof as follows: painting, . repairing and replacement of gutters, downspouts, roofs, exterior building surfaces, fences, not to include fences constructed by Unit Owners, trees, shrubs, grass, walks, streets, roadways, landscaping, irrigation systems, and other exterior improvements within the recorded boundaries of Greenbriar. It is the intent of this article that the Association shall be responsible for all matters which directly affect the exterior appearance of the Lots and Dwelling Units, and the access/utility easements, and that Lot and Dwelling Unit Owners shall be responsible for all other matters. In the event that the need for maintenance or repair of a Lot or Dwelling Unit or the improvements thereon is caused - 12 - ~ ~.. ... through the willful or negligent acts of its Owner, or through __ the willful or negligent acts of the family, invitees of the Owner of the property needing U) guests, tenants, or;; o such maintenance o~ t") p 0') -:::-- "-.) Unit is subject. and become part of the Assessment to which such Lot or Dwelling repair, the cost of such exterior maintenance shall be added to ~ __ ,....c.o- -..,: c '" Section 2. Limitiation of Liability. Notwithstanding the duty of the Association to maintain the exterior of the Lots and Dwelling Units, the Association shall not be liable for injury or damage, other than the cost of maintenance and repair, caused by any latent condition of the property to be maintained and repaired, or caused by the elements or other owners or persons. Section 3. Access at Reasonable Hours. For the purpose solely of performing the exterior maintenance authorized by this Article, the Association, its agents, employees, or designated contractors, shall have the right, after reasonable notice to the . Owner, to enter upon any Lot and the exterior of any Dwelling Unit at reasonable hours on any week day and neither the Associ- ation nor its agents, employees or designated contractors shall be deemed to have committed a trespass or other wrongful act by reason of such entry or maintenance performed. The Association shall have the right to perform such exterior maintenance free from interference by the Owner. Section 4. Owner's Default. Should any Owner neglect or fail to maintain, repair or replace, as the case may be, his Unit as provided for in the Declaration, then the Association, after approval by a two-thirds (2/3) vote of its Board of Directors, - 1 ~ - may maintain, repair or replace the same, as the case may be, at such Owner's expense; and the cost thereof shall be added to and~ ~ == become a part of the assessment against such Owner's lot. 0 r- lTJ Section 5. Road and Street Maintenance. The Association n F> shall be responsible for the maintenance and upkeep of all ? - 0') ~ ,....", - to ......, ( - r sidewalks, curbing, gutterings, storm drains, roads and streets within the Property. Such maintenance shall include the cost of resurfacing, repairing or replacing and any ar" all other cost and expense associated therewith. The Association shall maintain adequate reserves for such purposes in accordance with Article IV, Section 4(b). Section 6. Maintenance by Unit Owner. All patios, porches, sidewalks and driveways that are attached to or located within the Unit Owner's lot shall be maintained by and at the expense of the Unit Owner and shall include resurfacing, repairing or replacing and any and all other cost and expense associated . therewith. ARTICLE VI PROPERTY SUBJECT TO THIS DECLARATION; AND ANNEXATIONS Section 1. The Property. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Seminole County, Florida, and is more particularly described in Exhibits "A" and "B" hereof; to wit: The "Existing Property". Section 2. Annexation of Additional Property. The Declarant, from time to time, may, in its discretion, cause all or any portion of other properties which it owns adjacent to the - 1L, _ - .. .... Existing Property which are hereafter referred to as the "Additional Property" (as more particularly described in "C") to be annexed; to wit: to be subjected to the terms - 0) c (I') c Exhibi~ .;::- ~ .s: I'.) 0 of thili; Declaration and brought within the jurisdiction of the ("') p ;:!1 (0 ~ . ........ E:; shallI'.) rTJ Association, provided, however, that under no circumstances Declarant be required to make such annexations and additions. Until such time as such annexations and additions are made to the Existing Property, in the manner hereinafter set forth, real property owned by Declarant, as described in Exhibit ~C", other than Existing Property, shall in no way be affected by or become subject to the Declaration, nor shall this Declaration constitute a cloud, doubt, suspicion, or encumbrance on the title to said lands. The annexation of all or a portion of the Additional Property authorized under this section, shall be made by the Declarant filing of record a Supplementary Declaration of Covenants, Conditions' and Restrictions with respect to such Additions to the Existing Property which shall extend the scheme of the covenants and restrictions of this Declaration to such II property; and such Supplementary Declaration may contain such complementary additions as Declarant may determine to be necessary to reflect the different character, if any, of such Additions to the Existing Property and as are not inconsistent with the scheme of this Declaration. The Declarant specifically reserves the right, in its discretion, to establish additional homeowners' associations with respect to each phase of the Additional Property and to impose - 15 - - additional covenants and restrictions with respect to all or any (J') ITl portion of the Additional Property and such action by the ~ ::i: r.J Declarant shall not preclude the Additional Property affected ~ ('") o thereby from being annexed and brought within the jurisdiction ~ r 0') ~ of::- ~ ! ~ - . the Association as provided herein. All of the above shall be subject to compliance with the zoning and building regulations of the City of Winter Springs, Florida. (.:) -... (.t.,) , , . -u ~ :,...(. ,...... til ARTICLE VII PHASE DEVELOPMENT AND DECLA~T'S RIGHTS; MASTER HOMEOWNERS' ASSOCIATION; EASEMENTS AND COMMON AREAS Section 1. Phase Development. The development of the Existing Property may be part of a phase development involving the development of the Additional Property, as described in Exhibit "C". The recreation area, to include the swimming pool and tot lot, shall be part of the Common Area that will be con- structed as part of the Existing Property. The Declarant . reserves the right to change the design, arrangement and location of any and all units in the Additional.Property not yet con- structed or developed without the consent of the Association. In addition, the Declarant reserves the right to change the exterior design of the units to be constructed on the Existing Property without the consent of the Association, so long as the Declarant owns the units so altered. Even though the plan of the Declarant is to sell units and to transfer fee simple title thereto, the Declarant hereby reserves the right to lease any unsold units owned by it. - 16 - ~ Section 2. In the event ~ ~ :; "" Ci r- rr1 n provided herein, then a Master Homeowners' Association shall be p ""Tl ~ r _ Master Homeowners' Association. that additional homeowners' associations are established, as created to maintain and administer the following common areas which would be common to all of the associations: ~ 1. Entrance way, to include triangular piece of property located adjacent to Northern Way and described as Parcel 3. (See Exhibit "B" for legal description). 2. Streets and roadways that are common tp and connect the various associations' properties. 3. Recreational areas, to include swimming pool and tot lot, that are used in common by all associations. If a Master Homeowners' Association is established, then every'owner of a Lot and Dwelling Unit in Greenbriar shall be a member of such Master Homeowners' Association and subject to any assessment for the maintenance and operation thereof, in . accordance with the terms, conditions and provisions of the Declaration of Covenants, Articles of Incorporation and By-laws to be created for such Master Homeowners' Association. Section 3. Easements. To the extent that permits, licenses and easements, including ingress and egress, over, upon or under the Common Area of both the Existing Property and the Additional Property are necessary to provide utility service and access roads to either the Existing or the Additional Property, or for such other purposes reasonably necessary or useful for the proper maintenance and operation of the development of the Existing Property or Additional Property or both; the Association and each - 17 - Unit Owner, and their heirs, Successors and assigns, do hereby U'l designate and appoint the Declarant, its successors or assigns ~ o their agent and attorney-in-fact wth full power in their name, ~ C"') o place and stead, to execute instruments creating such easements~ r- provided, however, that such easements shall not unreasonably - CJ") ~ I'...) interfere with the use by the Owners of the Common Areas, if any. co -.., c..n ARTICLE VIII ARCHITECTURAL REVIEW BOARD Section 1. Formation. Th2re shall be formed a committee of . the Association known as the "Architectural Review Board" (the "ARB"). The ARB shall be composed of three (3) individuals who need not be members of the Association who shall be appointed solely by the Declarant until the Declarant no longer owns twenty-five percent (25%) of the Lots within Greenbriar; there- after, the members of the ARB shall be appointed by the Board of Directors of the Association. A quorum of the ARB shall be two (2), and the affirmative vote of two (2) members shall be . required in order to adopt or promulgate any rule or regulation, or to make any findings, determinations, ruling or orders, or to issue any permit, authorization or approval pursuant to direc- tives or authorizations contained herein. Any approval by the ARB in accordance with the terms hereof shall be final and binding. Section 2. Review by the Architectural Review Board. No building, fence, wall, or other structure shall be commenced, erected or maintained upon Greenbriar, nor shall any exterior addition to or change or alteration be made to any existing - 18 - building, fence, wall or other structure, nor shall any land- en 0') scaping be commenced or existing landscaping substantially m . -t=:- ; 6 ~ altered or changed, unless and until the plans and specification&; n 0 - showing the nature, kind, shape, height, materials and location :., (.Q r ....... of the sam e shall have been submi tted to and approved in writing 0') by the ARB. The Developer and his assigns are exempt from these requirements of prior submission to and approval by the ARB. Section 3. Rules, Statements of Policy, and Effect of ARB Approvals. The ARB may promulgate rules governing t~e form and content of plans to be submitted for approval or requiring specific improvements on Lots or Dwelling Units, including~ with- out limitation, exterior lighting and planting, and may issue statements of policy with respect to approval or disapproval of the architectural styles or details, or other matters, which may be presented for approval. Such rules and such statements of policy may be amended or revoked by the ARB at any time, and no II inclusion, omission from or amendment of, any such rule or state- ment shall be deemed to bind the ARB to approve or disapprove any feature or matter subject to approval, or to waive the exercise of the ARB's discretion as to any such matter; but no change of policy shall affect the finality of any approval granted prior to such change. Approval for use on any Lot or Dwelling Unit of any plans or specific~tions shall not be deemed a waiver of the ARB's right, in its discretion, to disapprove such plans or specifica- tions or any of the features or elements included therein if such plans, specifications, features or elements are subsequently submitted for use on any other Lot or Dwelling Unit. Approval of - 19 - any such plans and specifications relating to any Lot or Dwelling Unit, however, shall be final as to that Lot or Dwelling Unit - such approval may not be revoked or rescinded thereafter, , provided (a) that the structures or uses shown or described on an~ m ~ (5 r- m o;g _ ;:!lto . -.... -.... 0) ~ ~ rn o t:'.... ~'.., .., (=, l; r- ;.,. , ., ., t;..:> ...., ~~; C") rT, in such plans and specifications do not violate any specific prohibition contained in any covenants and/or restrictions recorded against said Lot or Dwelling Unit, and (b) that the plans and specifications, p.~ approved, and any condition attached to any such approval, have been adhered to and complied with in . regard to all structure on and uses of the Lot or Dwelling Unit in question. In the event that the ARB fails to approve or disapprove any plans and specifications as herein provided within thirty (30) days after submission thereof, the same shall be deemed to have been approved, as submitted, and no further action shall be required. Section 4. Disapproval of Plans. The ARB, in its sole discretion shall have the right to disapprove any plans and specifications submitted hereunder because of any of the II following: (a) The failure of such plans and specifications to comply with the covenants and/or restrictions recorded upon Greenbriar; (b) Failure to include information in such plans and specifications as may have been reasonably requested; (c) Objection to the exterior design, appearance or materials of any proposed structure; - 20 - (d) Incompatibility of any proposed structure or use en rra with existing structures or uses upon other Lots or Dwellin~ C5 r- Units in the vicinity; rra n p (e) Obj ection to the grading, lighting or landscaping .." r- - 0") -:=- ,....., plans for any Lot or Dwelling Unit; c.o -.., c:o (f) Objection to the color scheme, finish, proporti~ns, type of architecture, height, bulk or appropriateness of any proposed structure; (g) Objections to parking areas proposed for any Lot or Dwelling Unit on the grounds of incompatibility to proposed uses and structures on such Lot or Dwelling Unit; (h) Any other matter which, in the judgment of the ARB, would render the proposed structure, structures, uses or landscaping inharmonious with the general plan of improvement of the Properties or with structures, uses or landscaping located upon other Lots or Dwelling Units in the vicinity. " So long as Declarant is a Class "WI member of the Association, any and all actions of the Architectural Review Board shall have written approval of Declarant unless such approval is waived in writing by Declarant's authorized representative. In any case where the ARB shall disapprove any plans and specifications submitted hereunder, or shall approve the same only as modified or upon specified conditions, such disapproval or qualified approval shall be accompanied by a statement of the grounds upon which such action was based. In any such case, the - 21 - ------ ARB shall, if requested, make reasonable efforts to assist and advise the applicant in order that an acceptable proposal can prepared and submitted for approval. - ARTICLE IX GENERAL RESTRICTIONS - USE AND OCCUPANCY be ffi 0:> ~ o r- m ("') <<:) - ~ ~ ~ co - -.., c CO If Section 1. General Prohibition. No dwelling, dwelling house, garage, outbuilding, structure or appurtenance of any kind, including add_tions or substantial alterations thereto, shall be erected, placed or maintained on Greenbriar or any portion thereof, that does not conform to applicable governmental regulations and to the standards, requirements, prohibitions and provisions of this Declaration, and all such construction or development shall be performed, completed, erected, placed and maintained only in accordance with the plans and specifications required herein as approved by the ARB. Section 2. Only Residential Purposes. No Lot or Dwelling Unit shall be used in whole or in part for anything other than residential purposes, except for model Dwelling Units which may be maintained by the builder or Declarant only for purposes of the sale of Dwelling Units within Greenbriar. Other than . conducting the sale of Dwelling Units, no trade, traffic, or business of any kind, whether professional, commercial, industrial, manufacturing or other nonresidential use, shall be engaged in or carried on upon Greenbriar or any part thereof, nor shall anything be done thereon which may be or which may become an annoyance or a nuisance to the residents of Greenbriar or adjacent properties. - ~2 - .~~-- ~ .. Section 3. Subdivision. No Lot or Dwelling Unit shall be subdivided or split by any means whatsoever into any greater - C') co CJ') 0 rTl ~ c;> ~ ;;.:; (3 ......., r- ", number of residential plots or units nor into any residential plot or unit of smaller size without the express written consen~ of the ARB. Section 4. Removal of Buildings. No building or structure ~ c.o -:; co ~ t::) r;! shall be moved from or upon the Greenbriar site or Lots without: written consent of the ARB. Section 5. Occupancy Before Completion. No building or . structure shall be occupied until it is completed and there is issued a certificate of occupancy by the City of Winter Springs Authorities on said building or structure which shall comply with the terms and provisions of this Declaration. Section 6. Completion of Construction. Completion of all items of work approved by the Architectural Review Board must be accomplished within six (6) months from the date of said Archi- " tectural Review Board approval. Any time extensions will be considered on their merits and formally submitted to the Archi- tectural Review Board by the Association member. Architectural Review Board decisions that follow will be rendered based on the Board's majority opinion. Section 7. No Temporary Buildings. No tent, shack, trailer, house trailer, garage or other out building shall at any time be used on any Lot as a residence temporarily or perman- ently; and no building or dwelling of a temporary character shall be permitted, except as follows: buildings necessary for con- struction taking place on the property and not intend~d to be - 23 - used as living accommodations, during the course of constructio~ I'Tl 3: and sales or leasing offices during the course of sales, providjij o r- 111 C") P Section 8. Animals, Birds, and Fowl. No animals, live- ~ Architectural Review Board approval is given. stock, or poultry of any kind shall be raised, bred, or kept on any Lot, except that two or less domesticated dogs, cats, or other household pets may be kept, provided that they are not kept, bred or 'aintained for any commerci~l purposes and that any dog shall not exceed a weight of thirty (30) pounds. 'In the event of dispute as to the reasonableness of the number of such cats, dogs, or household pets kept upon the Properties, the decision of the Board of Directors of the Association shall be final. Such pets shall be kept on a leash and under the Unit Owner's control at all times. Section 9. Use of Facilities. If more than one party owns a Dwelling Unit, only the designated occupant of the Dwelling Unit shall be authorized to use the facilities of the Association. Section 10. Laundry. No clothes, sheets, blankets or other articles shall be hung out to dry in the side, front, or rear yard of any Lot. Section 11. Exterior Antenna. No Owner shall install or maintain any exterior antenna or satellite dish for any purpose. In the event that the Association installs cable and antenna for cable television or pay television, each Owner choosing to use the service will be assessed a monthly charge for- such service at - 24 - - 0') c:: c:: ~ 0 ~ ~ - co '";J co ~ C') - fn " a rate generally charged for such service. Said charge shall be - en e en c m .::- c in addition to the assessment set forth in Article V above. ~ ;':I ~ C> r- Section 12. Exterior Light Fixtures. No exterior lighting f'TI n p fixture shall be installed on any Lot or Dwelling Unit without ~ c.o r- :. . co c- the explicit approval by the Architectural Review Board of the ~ rT uniform design and installation thereof. Section 13. Boat and Vehicle Storage. No automobile, truck, motorcycle, trailer, boat, boat trailer, recreational vehicle (to include motor homes), all terrain vehicle 'or other vehicle, of any kind shall be parked, left or stored upon any Lot unless it is parked, left or stored in a garage or other enclosure so that it is not open to view by the public or other Property Owners within the vicinity. Provided, however, that no more than one (1) vehicle, to include automobile, van or pick-up truck (1/2 ton capacity or less), owned or intended for use by the Owner or occupant of the Dwelling Unit may be parked on the finished driveway of the Lot or Dwelling Unit having a one (1) car garage. Similarly, two (2) vehicles may be parked on the finished driveway of the Lot or Dwelling Unit with a two (2) car . garage. Section 14. Excavations. No excavation for stone, gravel, sand, or dirt shall be made on any portions of the Greenbriar property for the construction of dwellings, walls, fences, foundations, structures, landscaping, swimming pools and other appurtenances, without the plans and specifications for such excavations having received prior approval of the Architectural Review Board. - 25 - - Section 15. Signs. No "For Sale" or "For Rent" signs or any other type of sign or other displays or advertising shall maintained on any part of the Lot or Dwelling Unit except for identification signs located on the exterior of the Building which are part of the original construction of the Building or signs which are located within the interior of the Building not en 1Tl :.;c :.i: C,) ,.... 1Tl bet") p - "TI -r 0') 01::"- '" c.o - co ~ t..,) · . visible to view from the exterior of the building and except that the righ~ is specifically reserved to the Developer to place "For Sale" or "For Rent" signs in connection with any unsold or unoccupied Units it may from time to time own. Section 16. Resales and Rentals. All listings for rentals and/or resales of Lots or Dwelling Units not owned by Declarant shall be controlled and directed by Tuscawilla Realty, Inc. Section 17. Refuse - Containers. All trash containers and receptacles shall be uniform size and design as established by the Association. No trash, garbage, rubbish, debris, waste or materials or other refuse shall be deposited or be allowed to . accumulate or remain on any Lot. Unless otherwise approved by the Board, light-weight containers, weighing not more than twenty-five (25) pounds are permitted for trash, garbage, rub- bish, debris, waster material or other refuse. Said containers must be tied or closed at all times and kept from view of the public or residence within the vicinity. Said containers shall not be placed at street side for removal of refuse prior to 8:00 PM the evening before the announced pickup day. Said containers must be returned to the utility yard of enclousre within eight (8) hours after announced pickup time. - 26 - Section 18. Nuisances. No noxious or offensive trade or or a nuisance to the neighborhood, as determined by the Board. activity shall be permitted on any Lot or Dwelling Unit nor shal~ ,., :r anything be done thereon which may be or may become an annoyance~ r- m t"') p - ;J - 0, ~ ........, Section 19. Wells. No water wells shall be dug by the c.o C:Oc ~ r; individual Lot Owner for any purpose whatsoever. Section 20. Irrigation System. No Owner or occupancy of any Lot or Dwelling Unit shall in any way interfere with ~he operation and maintenance of the irrigation system ma~ntained by the Association throughout Greenbriar. Section 21. Open Burning. Open burning of wooden mater- ials, vegetation, solid wastes, or other materials regardless of nature is prohibited on any area whatsoever within the confines and jurisdiction of this Association without the express written approval of the Association's Board of Directors. Section 22. Minimum Square Footage of Dwelling Units. No Dwelling Unit shall be constructed at Greenbriar unless it has . the following minimum amount of living area: 1 ,000 square feet of enclosed heated floor area and no greater than thirty-five (35) feet in height. Section 23. Ground Maintenance. (a) With regard to the area within the privacy fencing of each Dwelling Unit, the Owner of that unit shall maintain at the Owner's expense the grass, hedges, shrubs, vines, and mass planting of any type by keeping same trimmed, mowed, and cut at regular intervals so as to maintain the same in a neat and attractive manner. Trees, shrubs, vines and plants - 27 - -- (I) 0> ~ within those same privacy areas which die shall be prompt~ ~ ~ C.> I'..,J r- rf1 ("') (b) No weeds, vegetation, rubbish, debris, garbage, ~ __ ;!Jc:.o objects, waste, materials, or materials of any kind what;o-~ ~ ever shall be placed or permitted to accumulate upon any be removed and replaced by the dwelling unit owner. :; -0 ': ;.... v portion of a Lot which would render it unsanitary, un- sightly, offensive, or detrimental to the Property in thL vicinity thereof or to the Occupants of any such property in the vicinity. This provision shall not be applLcable to the Declarant. (c) No building material of any kind or character shall be placed or stored upon any Lots so as to be open to view by the public or neighbors, unless having received prior approval by the Association's Board of Directors and then such material will be used within three (3) months after approval of constuction for buildings or structures upon the Lot on which the material is stored. This provision shall not be applicable to the Declarant. Section 24. Provisions Inoperative As to Initial ~struction. Nothing contained in this Declaration shall be interpreted or construed to prevent Declarant, its transferees, . or its or their contractors, or sub-contractors, from doing or performing on all or any part of the Property owned or controlled by Declarant, or its transferees, whatever they determine to be reasonably necessary or advisable in connection with the comple- tion of the development, including, without limitation: - 28 - .. (a) erecting, constructing, and maintaining thereon such structures as may be reasonably necessary for the conduct Declarant's business of completing the development and estab- lishing the Property as a residential community and disposing the same in parcels by sale, lease, or otherwise; or (b) conducting thereon its or their business of completing the development and establishing the Property as a residential community and disposing of the PropeT"L, in parcels by sale, lease, or otherwise; or (c) maintaining such sign or signs thereon as may be reasonably necessary in connection with the sale, lease, or other transfer of the Property in parcels. As used in this Section and its sub-paragraphs, the term "its transferees" specifically does not include purchasers of Lots improved as completed residences. Section 25. Rules and Regulations. No Owner shall violate the ~ules and regulations for the use of the Lots and the Common Area, as the same are from time to time adopted by the Association. The prohibitions and restrictions contained in this Article shall be self-executing without implementation by rules and regulations; but the foregoing shall not be construed as an implied prohibition against the Association's extending the scope of such prohibitions and restrictions by, from time to time, adopting rules and regulations consistent with this Declaration. The AssOCiation, from time to time, may adopt, alter, amend and rescind reasonable rules and regulations governing the use of the Lots, parking of vehicles on Lots and of the Common Area, which - 29 - ''-'~,., - oW: 0') == 0l::"- e "'-.) r- ,." cf~ - ." c.o r- . co 0') , - rules and regulations shall be consistent with the rights and duties established by this Declaration. Section 26. Ownership Rights Limited to Those Enumerated. No transfer of title to any Lot shall pass to the Owner thereof (I) "' ::e s: o r- "' (") p- "Y1 r- . 0') -4> N co . . 0:.( ......, ,. any rights in and to the Coomon Area except as are expressly enumerated in this Declaration. In the event any Lot is shown or described as bounded by any stream, pond, or any other body of water situr __J in whole or in part upon the Common Area, all riparian rights therein ~hall be appurtenant to the Co~mon Area and no attempted grant thereof to an Owner shall be effective as to the Association or the other Owners. In the event any Lot is shown or described as abutting a street, utility easement, or other area dedicated to public use, the underlying fee simple title to such area, if any, shall not pass as an appurtenance to such Lot, but shall be construed as part of the Common Area and - pass as as appurtenance to the Common Area. No provision in any Deed or other instrument of conveyance of any interest in any Lot shall be construed as passing any right, title, and interest in and to the Common Area except as expressly provided in this Declaration. It is Developer's express intent that the fact that any Lot is shown or described as bounded by any artificial or natural monument on the Common Area shall not pass to the Owner of each Lot any rights therein, except as herein expressly provided, but that such monument shall be a part of the Common Area and all rights therein shall inure to the benefit of the Association and all Owners. - 30 - , . 0') t en ( Section 27. Vehicles and Repair. No inoperative rrI ~ c cars, :::: 5: r-.,) 0 trucks, trailers other types of vehicles shall be allowed to r- or rrI C"') Q remain on the Property for a period in excess of 5 days. There -., (0 ,... :' shall be no major maintenance, performed eX) c.- repair, or restoration co rr on any motor vehicle on or adjacent to any Lot in the Property. All vehicles shall have current license plates. Moreover, no stripped, unsightly, offensive, wrecked, junked, or dismantled vehicles or portions thereof, shall be parked, stored or loc~~ed upon any Lot at any tilDe. Section 28. Use of,Streets. The conveyance by Declarant to the Association of any portion of the Common Area shall assign to the Association all right, if any, reserved to Declarant with respect to such portion of the Common Area by any recorded subdivision plat of the Property to restrict or to deny, or both, ingress and egress to any person over, across, and through the Common Area, regardless of whether such assignment shall be expressed in the deed of conveyance; provided, however, the . Association shall not exercise such right, if any, in such a manner as to interfere with Declarant's completion of the Work. Section 29. Use of Common Area. There shall be no obstruction of the Common Area, nor shall anything be kept or stored on any part of the Common Area without the prior written consent of the Association except as specifically provided herein. Nothing shall be altered on, constructed in, or removed from the Common Area except upon the prior written consent of the Association. - 31 - " . Section 30. Animals/Pets. The Association may prohibit keeping of any pet anywhere upon the Property which the Association reasonably determines may constitute a threat to - en 0') t thlf' c: 01::- S ::; '" 0 r- I'T1 f'":) 0 - thE" co r- -u co ~ r.J co n-/ safety or health of persons lawfully upon the Property. Section 31. Fences, Walls, Hedges, Mass Planting of any ~. I (a) No fence, wall, hedge or mass planting of any type ~xceeding a height of six (6) feet above the finished graded surface of the ground upon which it is located, shall be constructed, planted, placed or maintained upon any Lot without the written consent and approval of the Board. (b) No hedge or mass planting of any type exceeding three (3) feet above the finished grades surface of the ground upon which it is located shall be constructed, planted. placed or maintained between the street and the front set back of any Lot without the written consent and . approval of the Architectural Review Board. Section 32. Specific Lot Restrictions and Covenants. (a) Building setback requirements along the perimeter of the subdivision shall be as follows: (1) Twenty-five (25) feet from Greenbriar Lane. a sixty foot right of way to be constructed and dedicated to the Public. (2) Twenty-five (25) feet from the Florida Power Corporation Easement which is recorded in Official Records Book 183. page 130 of the Public Records of Seminole County. Florida. - 32 - ------- I I I I: I 'i , :1 GREEHBRIEFJ ! : i i 1:1 , I Ii CRITERIA FOR THE A.BOVE REFERENCED PROJECT AS St,JRVEYIHG AND HAPPING BY D.R. HORTOl~:IS ,lAq if I. " I ' AMERICRN ~~RY~YIN~ ~"..:J f ~j~ ~ 1. .. i:;.1'4 I AlalUCAN SlJt(fl;!ING ~ ~PIHQ I JANUAR.':l 18, 1995 I ; , ! , , ' D ~ R'. i HOR~ON 6250: HAZELTINE NATIONAL !DRIVB SUI~E ,,102 OP.x.,ANDO, FLORIDA 32822 I: , , I RlH! , SUNHERY OF BUILDING SETBACK CONDIT~ONS OU il'HE rI1ASETWO PROJECT IN HINTER SPRINGS, FLORIDA. I i I ATTN: ROB LAHSON T~~ BUXLDING SETBACK FURNISHED TO AMERICAN l?OLLOWS: ~::-:)., ~ REAR SETBACK IS MINIMUM 6.0 FEET. / C\ . ~_.lL""-v)Nj. 0. C,)dl.nV'L THOMAS A.' DOWNS, P . 110 S . , I t-" i- '1;;1..,.:: 41 I ~ ) 'i I': ;,1 . " I" ',j i 'Il<:! !'i l( f. ,~ J.'i 'j ~ : I',",!" i f Ii 2ECEJVED't J AN 2 5 1995 ! . ' i vlty or v'tlmer;:>prillg:;. Bldg. Qept. ' ~lOO N. PAR!{ AVENUE' $lJITE 202 Wlr-lTER PARK. n. 32769 (,W7)!';39-2:2'T4 . FAX (407) S39-1704 3319 W. OM< 5,TR f<ISSIMM~E. t=L 34 (..':01> 9J5-~11S' FAX (407 t " . en t:D U1 (."") m ~ c:> :t: ;;0<; (3) Forty (40) feet along the golf course. z r.....) 0 r- (4) One Hundred (100) feet from the centerline ot: (:) Howell Creek. ..., (..::) " , r- - . c.o \~ c::;:) fll (b) No above grade construction shall be permitted in .. the set back areas set out in subparagraph (a) above and all site clearing shall be accomplished by hand labor and not by mechanical means. (c) Access from Lots 1, 2, 3, 4, 5, 6, 7, 27 28, 29, 30, 31 and 32 to Greenbriar Lane is dedicated to, the City of Winter Springs. (d) The shaded area to the south of Lots 39, 40 and 41 running from Oak Hill Lane to the northeasterly boundary of Lot 38 is a part of Oak Hill Lanes and shall serve as a common means of ingress and egress for Lots 38, 39, 40 and 41 and parking shall be prohibited in this area. (e) The sanitary sewer easement recorded in Official Records Book 1260, page 1631, of the Public Records of - Seminole County, Florida, affects certain lots which may be developed in subsequent phases of the subdivision. The Declarant shall file an amendment to this Declaration, at the time of plotting said phase, which includes this easement providing that no above grade construction shall occur on the easement area and identifying the specific lots affected by said easement. ARTICLE X PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the Dwelling - ~1 - l \' .. Units and situated on the dividing line between continguous Lots~ :? shall constitute a party wall, and, to the extent not inconsis- a r- m tent with the provisions of this Article, the general rules of n p 0') ~ r-.,) law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 2. Sharing of Repair and Maintenance. Cost of reasonable repair and maintenance of a party wall shall be shared ~ co . co by the Owners f'" make use of the wall in proportion to such use. Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall shall restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use, with- out prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law , regarding liability for negligence or willful acts or omissions. Section 4. Right to Contribution Runs With Land. The right of any Owner to contribution for any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. Section 5. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator and such arbitra- tors shall choose one additional arbitrator and the resolution of the dispute shall be determined by a majority of all arbitrators in accordance with the established regulations of the American Arbitration Society. - 34 - . ----- f t-~ .. ARTICLE XI GENERAL PROVISIONS en ~ ", ~ 3: :r. ~ (:) r- ", n p t:::I c::l ~;:; -., f:? :- r- ;..., r.... .., ~ c..o . c.c Co"" ~ ;1' ." Section 1. :-~,. . Enforcement. The Association or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Section 2. Attorneys' Fees. Any Nember found in violation of any of the terms hereof shall be liable for the rea~onable attorneys' fees incurred in any litigation arising from or in connection with the enforcement of this Declaration by the Association or any Owner. Section 3. Non-Waiver. Failure by the Association or by an Owner to enforce any covenants or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. . Section 4. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions, which shall remain in full force and effect. Section 5. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the recording date of this Declaration, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Owners and - 35 - ) ",' . ~ , . ~ rn the Declarant, if Declarant shall still be a Class B Member, and~ o thereafter by an instrument signed by not less than seventy-five~ ~ CJ percent (75%) of the Owners. Any amendment must be recorded in ~ r- ~ g ~ : ~ the Public Records of Seminole County, Florida. Notwithstanding the foregoing, the Board of Directors of the Association, without any further action by the Members, for a period of three (3) ~ ~ ~ ~ r. years from the filing of this Declaration, may amend this Declar- ation for ~e purpose of resolving ambiguities or inconsistencies among or between the provisions herein, and make reasdhable amendments hereto so long as such amendments conform to the general purposes and standards of this Declaration and so long as such amendments do not diminish or dilute the rights of Members of the Association in any manner. Section 6. Encroachments. In the event that any Lot or Dwelling Unit shall encroach upon any Common Area or upon any other Lot for any reason other than the intentional or negligent act of the Owner, or in the event any Common Area shall encroach ~ upon any Lot, then an easement shall exist to the extent of that encroachment for as long as the encroachment shall exist. Section 7. Insurance. Each Unit Owner shall obtain and maintain in full force and effect at all times a policy of fire and extended coverage insurance (homeowner's insurance) against casualties to the Unit Owner's Unit in the amount of the full replacement value of the Unit. A copy of the policy of insurance or a certificate of such insurance shall be delivered to the Association within fifteen (15) days after the expiration of the term of such policy, a copy of the renewal policy or a - 36 - t " .. ~ '1-' .. en ~ -t=- ~ ~ certificate thereof shall be delivered to the Association by Unit Owner. Upon failure of the Unit Owner to obtain such insurance and to furnish a copy or proof thereof to the CI' th~ (5 r- ", n p ~ (,::J -~ . c.o ~~ ~ n Association, after fifteen (15) days written notice to the Unit Owner, the Association shall be impowered, but shall not have the obligation, to obtain such policy of insurance on behalf of the Unit Owner and the cost thereof shall immediately be assessed to the Unit Owner as a Special Assessment and shall be due and payable at once, together with interest thereon and shall constitute a lien against the Unit in the same manner as any other assessment until fully paid. For the purposes hereof, the Association is hereby declared to have an insurable interest in said Unit and the improvements constructed therein. IN WITNESS WHEREOF, the undersigned, being the Declarant hereunto set its hand and seal this ~ 9~day of . 1985. ................"'. . VENTURE, By : 6.. D. Lawrence Kee , P Monroe Venture Joint Venture - 37 - - " [Ffj~I~L f.:~JR!:~ DOOK ;.G= . M"_ 1642 1995 STATE OF FLORIDA COUNTY OF ORANGE SEMiNOLE CO. FL. ~ The forego~ng instrument was acknowledged before me this ;;1(\ day of TV\~, 1985, by Miller McCarthy as Vice-President of LeCesse Corpora.tion of Winter Springs, a Joint Venturer~,-in The.', Winter Springs Joint Venture, arSoint Vent~uoe -0 ......"~ ~ U '.~. ,,~~ ~- \:)~ r:!:J :--: Notc:ry ~u~lic ; ~. t,' ~(,7J h My Commission Expires: \. ~ z q...,)~: STATE OF NEW Y~ltlt ~LC \, \ ':Jt\. ,,:Ol:.:'Y P~i3:.I: ;:;.IC CF FL(l~:~;A /.j lA;;Ci:\, , ~'( ..' COUNTY OF C~.,:::l... \-".;-\(- L t,,,; CJt,~~.~;_;::L;;! t):?&S .l~i." 25, 12;)3 " . S~.,,:. " eO,,"OEO TH;;C.JGH "UROSl<.-ASHTON. IIIoC '., '.:'.\.... ...' e foregoing instrument was acknowledged before me this ~'~ day lIf \\ \CL,-\. , 1985, by D. Lawrence Keef, Pres ident of Monroe Venture II, ~~c., a Joint Venturer in The Winter Sprin~s JOint. . Venture, a Joint Venture. " l) ~- n ,': . \h.L~-"'\.:&1"\. ' '" Q.\v"",-.> ..,. ~'. .::..> NCTtary P lic ./ .... ,'.l.. ',~ My Commission Expires:' ~,: ~ ~ ~ 'I,' NCT'R : ~ I~'..J ~ ' ,,.. YPU3U:.STlTEC'=F'n'-""""~I.r..'..z: ~; CZJ e MY COM:l.i~'-:''''i ["'r' ...., ",~:," _ .., .,1 U'>,,..l:;;:: U... (_ 80 . t. oJ...n.., ^ ;r{~~,-, uV... i 2;.;, j;38 ~ ~. ... ...;,) : f:;:) ""CEO THFiC'UGH "uRC/;iY,;.I.:;rlTOII, It.:; \. ff> .... _ ~. ..' ~ . ........ '. 'S',' ;,~.t,~...; '.... . ::J: :z:,. - '" c..u ~~~. M~. ~ ~ -. - 0 (:) , .. ::-;5 ~ "'~ I" A . . ~::' -;: CJ1 -'- # .. ~.. "'" :-~ ' "" ii .z:.. &:' ~, Vi -0 ....'" ~ 3:: ~<:: - r:: CD W V1 - 38 - . ., ......... ~ -, . " . LEGAL DESCRIPTION: .GREENBRIAR SUBDIVISION PHASE 1, a portion of Phillip R. Younge Grant, Plat Book 1, Pages 35, 36, 37, & 38. The City of Winter Springs, Seminole County, Florida. More particularly described as follows: From the Northeast corner of Winter Springs Unit 3, as recorded in Plat Book 17, Pages 89 and 90, Public Records of Semino~ County, Florida, run N. 870 51' 00" E., along an Easter~j extension of the North line of said Winter Springs, Unit 3 and the North right of way line of Northern Way, a distance ~ 395.67 feet to a point on the East easement line of a Flori~ Power & Light Corp. easement as recorded in official record bOOK 17~, Page 235 of the Public Records of Seminole County, Florida, thence run N. 310 45' 52" W., along said easement line 178.30 feet to the POINT OF BEGINNING; thence continue N. 310 45' 52" W., along said easement line 1492.47 feet to a point; thence departing said easement line run N. 730 14' 08" E., a distance of 381.62 feet; thence N. 58014' 07" E."a distance of 24.00 feet; thence N. 310 45' 53" W., a distance of 10.35 feet; thence N. 430 14' 08" E., a distance of 258.00 feet; thence S. 130 05' 14" E., a distance of 235.02 feet; thence S. 230 33' 39" E., a distance of 353.84 feet; thence S. 690 24' 09" E., a distance of 175.33 feet to a point on the West right of way of Greenbriar Lane, a 60 foot right of way as now laid out; thence run S. 200 35' 51" W., along said right of way line a distance of 456.84 feet to the point of curvature of a curve concave Easterly having a radius of 620.00 feet and a chord bearing of S. 000 25' 30" E., thence run Southerly along the arc of said curve~iI distance of 454.97 feet through a central angle of 420 02' 42" to the point of reverse curvature of a curve concave Westerl~ having a radius of 472.11 feet and a chord bearing of S. 150 05' 15" E., thence run Southerly along the arc of said curve c distance of 104.83 feet through a central angle of 120 43' 20~ to the POINT OF BEGINNING. Containing 12.647 acres more or less. EXHIBIT A