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HomeMy WebLinkAboutHighland Lake Phase I f.,Q/ , l~t\ OFFICIAL RECORDS 80;:\1, P/\GE 2686 1201 DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS SEl"m~OLE CO. fl[\_~ - NOl/eW1t3~'<. ~ THIS DECLARATION, made this IS, day of SQpt~mb'iN:', 1993~ by ADM3 PARTNERS, LTD., a Florida limited partnership, hereinafter called "Developer." WIT N E SSE T H: WHEREAS, Developer is the sole owner of that certain parcel of real property situate in Seminole County, Florida, described in Exhibit "A" attached hereto and incorporated by reference herein which is known as "HIGHLAND LAKE, PHASE I"; and WHEREAS, Developer desires to impose a common plan of develop- ment on said real property for the purpose of protecting the value and desirability thereof, and for the purpose of enhancing the marketability thereof; NOW, THEREFORE, Develo~er hereby declares that all of the real property described in Exhib~t "A" attached hereto and incorporated by reference herein shall be held, sold and conveyed subject to the following easements, conditions, covenants and restrictions, which are for the purpose of protecting the value and desirability of, and which shall run with, said real property and be binding upon all parties having any right, title or interest therein, or any part thereof, their respective heirs, successors, and assigns; and which shall inure to the benefit of the Association and each Owner thereof, as said terms are hereinafter more particularly defined. ARTICLE I DEFINITIONS AND CONSTRUCTION Section 1. "Association" means HIGHLAND LAKE ASSOCIATION, INC., a corporation not for profit organized pursuant to Chapter 617, Florida Statutes (1992), its successors and assigns. Section 2. "Owner" means the record owner, whether one or more persons or entities, of the fee simple title to any lot or unit which is part of the Properties, including contract sellers, but excluding any other party holding such fee simple title merely as security for the performance of an obligation, and the Developer. Section 3. "Properties" means that certain parcel of real property described in Exhibit "A" attached hereto and incorporated by referenced herein, together with such additions and deletions thereto as may hereafter be annexed or de annexed by amendment to this Declari.ltion. Such annexation or deannexation shall be per- mi tted by the Developer without approval of Owners and shall be subject to the provisions contained herein relating to approval of FHAlvA. :E} Section 4. "Lot" means any plot of land shown upon any recorded subdi.vision map or plat of the Properties, together with ser8;t--e ~$ e~ I y, - / CU" T_~ r fil tJ I (2~1 .3' ~( i)6.::: ~dJL= /0/ B:\HIGHLAND.TXT-4 {<8-v I<.N \0 -. 1 'Uot-JA~ \<_ le,-gLt)NL CIT'{ o~ Wl~TG~ C"'::::.f->~\t-J6-.S. ncllc l7'A5V "S R 4 s 4- t ~,lJ1t;R SPRI\)6-<::'7 ~L ':?'.rl~ I H-'foH t....r~l t....1'f1t.7'S- " U1 o It. ;: ~ . f"TL 7.J~ -, "'- o~ ":c ~c,;: ;::0'<- .;:-:.r- c:= w ""' --J,C (":.( DC cf \.0 :;:0' W ("1'1i C'") Z o. 0 ;;0 <:: CJj -, W i ":" 0 G ~:':' -0 <' :!: (T1 N ::0 .. ." 0 rr1 ~ 0 . e improvements thereon, with the exception of the Common Area. All Lots shall be subject to this Declaration of Easements, Covenants, Conditions and Restrictions. Section 5. "Unit" shall mean and refer to any building or ~ortion of a building situated upon the Properties designed and 1ntended for use and occupancy as a residence by a single family, including but not limited to a single family detached unit, con- dominium unit, patio homes, cluster homes, multi-family attached or detached homes and rental units. :.'-.) Section 6. "Developer" means ADM3 PARTNERS LTD., a FloridC6 <7\ limited partnership, its successors and assigns. ~ CO 3:0') Section 7. "Common Area" shall include but not be limited t~ the retention ponds, landscape buffers, drainage easements, utilitjC easements, common parking facilities, common landscaped area,.an~ all appurtenances thereto (pumps, irrigation systems, draina9e:? facilities) and other facilities used by the Owners for the benef1~ of the Properties. The Common Area is sometimes referred to hereijr! as the "Easement Area." . N C> N co O~ O~ An > r- :::0 "., n -00 >;0 C":lC r." C/) Section 8. "Mortgage" means any mortgage, deed of trust or other instrument transferring any interest in a lot, or any portion thereof, as security for performance of an obligation. Section 9. "Mortgagee" means any person named as the obligee under any Mortgage, as hereinabove defined, or any successor in interest to such person under such Mortgage. Section 10. "Highland Homeowner's Association" means the homeowner's association which controls the Common Areas of the subdivision known as the "Highlands," and is herein referred to as "Highlands" and also has recorded covenants and restrictions at Official Records Book 969, Page 734, as amended, in the Public Records of Seminole County, Florida. Said Covenants shall be superior to these Covenants and any conflict shall be resolved in favor of the Covenants previously recorded. Section 11. "FHA" means the Federal Housing Authority. Section 12. "VA" means the Veterans Administration. Section 13. "The Work" means the initial development of the Properties as a residential communi ty by the construction and installation thereon of streets, buildings and other improvements by Developer. Section 14. "Recorded" means filed for record in the Public Records of Seminole County, Florida. Section 15. "Interpretation." Unless the context otherwise requires, the use herein of the singular shall include the plural and vice versa; the use of one gender shall include all genders; and the use of the term "including" shall mean "including, without limitation." This Declaration shall be liberally construed in favor of the Developer. The heading used herein are for indexing B: \HIGHLAND. TXT-4 2 e e purposes only and shall not be used as a means of interpreting or construing the substantive provisions hereof. Section 16. "Surface Water or Stormwater Management System." Surface Water or Stormwater Management System means a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to l~ collect, convey, store, absorb, inhibit, treat, use or reuse wa~'~ to prevent or reduce flooding, overdrainage, environmental degra~ CO tion, and water pollution or otherwise affect the quantity i.H\d Q'") quality of discharges from the system, as permitted pursuant ~ Chapters 40C-4, 40-C-40, or 40C-42, F.A.C. r . [TJ n o ARTICLE II PROPERTY RIGHTS ."N :0 Section 1. Easements of Encroachment. There shall be recip- ~ rocal appurtenant easements of encroachment a~ between each Lot and such portion or portions of the Common Area adjacent thereto, or as between adjacent Lots, or both,.for the unwillful placement, set- tling, of shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms hereof), to a dis- tance of not more than five (5) feet, as measured from any point on the common boundary between each Lot and the adjacent portion of the Common Area or as between said adjacent Lots, as the case may be, along a line perpendicular to such boundary of such point; provided, however, that in no event shall an easement for encroach- ment exist if such encroachment is caused by willful misconduct on the part of an Owner, Tenant or the Association. Section 2. Use of Common Area. Every Owner has a right and easement of enjoyment to the Common Area which is appurtenant to the title to the Lot. There shall be no obstruction of the Common Area (except for landscaping) 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. However, automobiles shall be permitted to be placed in the areas designated for parking and the landscape buffer areas shall be maintained by each Lot Owner. Section 3. Prohibition of Damaae and Certain Activities. Nothing shall be done or kept in any Lot or in the Common Area or any part thereof to increase the rate of insurance on the Proper- ties or any part thereof over what the Association or Owners, but for such act1vity, would pay, without the prior written consent of the Association. Nothing shall be done or kept in any Lot or in the Common Area, or any part thereof, which would be a violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body or of the Declaration of Covenants and Restrictions of the "Highlands." No damage to or waste of the Common Area, or any part thereof, or of the exterior of the Properties and buildings shall be committed by any Owner or any Tenant or invitee of any Owner; and each Owner shall indemnify and hold the Association and other Owners harmless against all loss B:\HIGBLAND.TXT-4 3 mo 0." .::> ." A- n :t> r- ::::0 r'T"J . n ~~ C") 0 fTI (J) . e resulting from any such damage or waste caused by him or his Ten- ants or invitees, to the Association or other Owners. No noxious, destructive or offensive activity shall be permitted on any Lot or in the Common Area or any part thereof, nor shall anything be done therein which may be or may become an annoyance or nuisance to any other Owner or to any other person at any time lawfully residing on the Properties. Section 4. Provisions Inoperative as to Initial Construction. Nothing contained in this Declaration shall be interpreted or con- strued to prevent Developer, its transferees, or its or their contractors, or sub-contractors, from doing or performing on all or any part of the Properties owned or controlled by Developer within the Highlands, or its transferees, whatever they determine to be"",,, reasonably necessary or advisable in connection with the completion:~ of the Work, including, without limitation: ~ ~ ::J; ( a) erecting, constructing, and maintaining thereon such en structures as may be reasonably necessary for the cond~t of Developer's business of completing the Work and estab- lishing the Properties as reSidential community and disposing of the same. in parcels by sale, lease, !ar- otherwise; or ." N ro (b) conducting thereon its or their business of comple- ~ ting the Work and establishing the Properties or contig- uous property as a residential community and disposing of the Properties 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 Lots either on the Properties or other property of Developer, including the use of units or carports (if permitted) as models and sales offices either by Developer or specified transferees of Developer. Reference herein to Developer shall mean its successors and assigns not to include purchasers of residential units. Developer and all Lots and Owners in Highlands shall be subject to the terms and con- ditions of the Declaration of Covenants, Conditions and Restric- tions of the "Highlands." Section 5. Rules and Reaulations. No Owner shall violate the rules 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 typical building setbacks shall be as follows: front, twenty feet ~); rear, ten feet 110'); sides, more than three feet (3') except that side setback f~treet on corner Lots shall be fifteen feet (15'). Section 6. Ownership Riqhts Limited to Those Enumerated. In the event any Lot is shown or described as bounded by any stream, pond or any other body of water situated in whole or in part upon the Common Area, all riparian rights therein shall be appurtenant B:\HIGHLAND.TXT-4 4 '\ '~ 010 o '"T1 o '"T1 An >- r :;0 fT1 . ('") -00 >:::0 C?o fT'l U'J e e to the Common Area and no attempted grant thereof to an Owner shall be effective to the Association or the other Owners. Section 7. Earess and Inaress. If ingress and egress to a residence is through the Common Area, any conveyance or encumbrance of such area is subject to the Owner's easement. Section 8. Restrictive Covenants. The use residences shall be governed by the documents Homeowners Association. ARTICLE III MEMBERSHIP AND VOTING RIGHTS and design of the of the Highlands f'.,,) en CO en ., (.f) M 3: z o r- Section 1. Membership. Every Owner shall be entitled and required to be a member of the Association and the Highlands Homeowner's Association which is established by Articles Sf- Incorporation and controlled by this Declaration of Covenant'Sl, N Conditions and Restrictions. If title to a Lot is held by mctreCJ than one person, each of such persons' shall be members. An Owner ~ of more than one Lot shall be entitled to one membership for each Lot owned by him. Each such membership shall be appurtenant to the Lot upon which it is based and shall be transferred automatically by conveyance of that Lot. No person or entity other than Owner or Developer may be a member of the Association, and a membership in the Association may not be transferred except in connection with the transfer of title to a Loti provided, however, the foregoing shall not be construed to prohibit the assignment of membership and voting rights by an Owner is a contract seller to his vendee in possession. ::t1 0 o ""1'1 .=:> ""1'1 An )> r- :::0 fTI (") -::J 0 >:::0 c.>C) ...c.n Section 2. Voting. The Association shall have two (2) classes of voting membership: (a) Class "A." Class "A" members shall be all Owners, with the exception of the Developer, and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves deter.minei but in no event shall more than one (1) vote be cast with respect to any Lot. There shall be no split vote. Prior to the time of any meeting at which a vote is to be taken, each co-owner must register with the Secretary of the Associ- ation in order to be entitled to vote at such meeting, unless such co-owners have filed a general voting author- ity with the Secretary applicable to all votes until rescinded. (b) Class "B." The Class "B" member(s) shall be the Developer or an entity that owns a Lot and has common partners or shareholders with the Developer and shall be entitled to five (5) votes for each Lot owned or (12) votes for each acre of undivided land. The Class "B" membership shall cease and be converted to Class "A" B:\BIGHLAND.TXT-4 5 . e membership on the happening of either of the following events, whichever occurs earlier: (i) when the total votes outstanding in the Class "A" membership is equal the total votes outstanding in the Class "B" membership. or f'-' , en U) (ii) on June 1, 1999 or fTI 00 ~O"\ (iii) if the Developer, at its option, desiresaio turn over control of the Association. ~ ('") o ARTICLE IV .." f',.). RIGHTS AND OBLIGATIONS OF THE ASSOCIATION . ~ 0"\ Section 1. Common Area. The Association shall be responsible for the maintenance and repair of the retention areas, drainage easements, parking area and common landscaped area located within the Properties. Such maintenance shall assure the free flow of water throughout the drainage areas and shall include but not be limited to the maintenance of the pipes which are part of the drainage system within the Properties. The City of Winter Springs shall have the right, but not the obligation, if required by emer- gency conditions, to assure the functional operation of the drain- age system on the Properties and such costs of such emergency procedures shall be charged to the Association. The Association shall be responsible for the maintenance, operation and repair of the surface water or stormwater management system. Maintenance of the surface water or stormwater management system(s) shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by the St. Johns River Water Management District. The Association shall be responsible for such maintenance and operation. Any repair or reconstruction of the surface water or stormwater manage- ment system shall be as permitted, or if modified as approved by the St. Johns River Water Management District. Should a Lot Owner fail to properly maintain the area desig- nated as landscape buffer on the plat of record, the Association shall also be responsible for the maintaining of such areas con- tained within the Properties. Section 2. Services. The Association may obtain and pay for the services of any person or entity to manage its affairs or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper operation of the Properties, whether such personnel are furnished or employed directly by the Associa- tion or by any person or entity with whom or which it contracts. The Association may obtain and pay for legal and accounting ser- vices necessary or desirable in connection with the operation of the Properties or the enforcement of this Declaration. The Association may arrange wi th others to furnish water, trash BI\HIGHLAN.D.TXT-4 6 roo o "'T'1 0"" ~n )> r- :::::J fTI n -00 >::::0 (;)0 P1 (/) e e collection, sewer service and other common services to each Lot, if necessary. Section 3. Rules and Requlations. The Association from time to time may adopt, alter, amend and rescind reasonable rules and regulations governing the use of the Lots and of the Common Area, which rules and regulations shall be consistent with the rights and duties established by this Declaration and the Declaration of Cove- nants, Conditions and Restrictions of the "Highlands." Section 4. Restriction on Capital Imtrovements. Except for replacement or repair of those items instal ed by Developer as paxn of the Work, and except for personal property related to the maii tenance as set forth herein, the Association may not authori capital improvements without Developer's consent during a period six (6) years from the date of this Declaration. At all timU hereafter, all capital improvements except for replacement . repair of those items installed by Developer as part of the Wo and except for personal property related to the maintenance of t~ Common Area, shall require the approval of two-thirds (2/3) of tae persons eligible to vote. f'V (J'\ co 0'\ coo 0-" 0-" ^n > r ::u fT1 C"'> -00 >;0 C>CI P1 U') r'-> o -.J ARTICLE V ASSESSMENTS Section 1. Creation of a Lien and Personal Obliaations of Assessments. The Developer, for each Lot owned within the Prop- erties, and generating income to the Developer, hereby covenants and each Owner of any Lot 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 herein provided; and (3) special assessments against any particular Lot which are estab- lished pursuant to the terms of this Declaration; and; (4) all excise taxes, if any, which may be imposed on all any portion of the foregoing by law. All such assessments, whether with interest, and all costs and expenses of collection, including reasonable attorney's fees, shall be a charge on the land and shall be contin- uing lien upon the property against which each assessment is made. Each such assessment, together with interest and all costs and expenses of collection, including reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The per- sonal obligation for delinquent assessments shall not pass to an Owner's successors in title unless expressly assumed by them, how- ever, the land shall still be subject to foreclosure for failure of a previous Owner to pay any obligation due under this Declaration. Failure to pay assessments shall not constitute a default under a mortgage insured by FHA or VA. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recrea- tion, health, safety and welfare of the residents in the Proper- ties; for the improvement and maintenance of the Common Area; for payment of all taxes assessed to the Association, if any, in B:\HIGHLAND.'l'X'l'-4 7 e . respect to the Common Area; or the improvements of personal Prop- erty thereon, or both; and for the Association's general activities and operations in promoting the recreation, health, safety and welfare of the residents in the Properties. Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot by Developer to an Owner, the annual assessment shall not be in excess of One Hundred Twenty and NO/100 Dollars ($120.00): (al From and after January 1 of the year immediately fo lowing the conveyance of the first Lot by Developer to N an Owner, the annual assessment may be increased eao;h c:n year not more than four percent (4 %) above the assessment CO for the previous year without vote of the membership.~ ~ . z (bl From and after January 1 of the year immediat~y fo lowing the conveyance of the first Lot to an OwneF, the annual assessment may be increased above four 'Perc~t_ (4%) by a vote of two-thirds (2/3) of each class of mem-~ bers who are voting in person or by proxy, at a meetfBg~ duly called for this purpose. .co (c) The Board of Directors of the Association may fix the annual assessment at an amount not in excess of the amounts set forth herein. mo 0-" 0-" ~n )> r- ::0 f"T'1 n ::20 '-::0 C'lO f'T1 (,I) Section 4. Special Assessments for Ca~ital Improvements. In addition to the annual assessments authorized above, the Associa- tion may levy, in any assessment year, a special assessment appli- cable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, includ- ing fixtures and personal property related thereto, or the Prop- erties, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of voting members who are voting in person or by proxy at a meeting duly called for this purpose and, during the first seven (7) years from the date hereof, the same shall be approved by Developer. Notwithstanding anything contained here in to the contrary, the Association may levy an assessment for the repair or maintenance of the drainage system. Section 5. Notice of Meetinqs. Written notice of any meeting called for the purpose of taking any action unauthorized under Section 3 or 4 hereof shall be sent to all members not less than fifteen (15) days nor more than thirty-five (35) 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 shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirements, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than thirty-five (35) days following the preceding meeting. Section 6. Uniform Rate of Assessments. Both special assess- ments for capital improvements and annual assessments, shall be B : \HIGHLAND. TXT-4 8 fixed at a uniform rate, for all lots and may be collected on a monthly basis; provided, however, the foregoing requirement of uni- formity shall not prevent special assessments against any farti- cular Lot which are established pursuant to the terms 0 this Declaration. Notwithstanding anything contained herein to the contrary, should part of the Properties be developed into garden type residential units the assessment for the units may be read- justed in the sole discretion of the Developer. Section 7. Developer's Assessment. Notwithstanding the fore- going requirement of uniformity, or any other provision of th~ Declaration, or the Association's Articles of Incorporation c!f Bylaws, to the contrary, the annual assessment against any Lot fa which Developer or an associated entity owns any interest shall, as long as he owns the Lot and is not deriving any income from t; same shall be zero. Upon transfer of title of a Developer-own Lot to an entity not associated with the Developer, such Lot sha be assessed in the amount established against Lots owned by t~ Class "A" members of the Association, prorated as of, and commena= ing with, the month following the date of transfer of title. Not- withstanding the foregoing, those Lots fromwhich.Developer derives any rental income, or holds an interest as mortgagee or contract seller, shall be assessed at the same amount as in hereinabove established for Lots owned by Class "A" members of the Association, prorated as of and commencing with, the month following the execu- tion of the rental agreement or mortgage, or the contract pur- chaser's entry into possession, as the case may be. Section 8. Date of Commencement of Annual Assessments to the Association. The annual assessment provided for herein shall commence as to all Lots wi thin that portion of the Properties described as Phase I in Exhibit "A" attached hereto no later than the first day of the second month following notice by the Developer that such assessments shall begin. Developer shall mail each Owner an affidavit stating the commencement of the annual assessments. Developer shall give Owner thirty (30) days notice. The annual assessments within any addition to the Properties created by annex- ation, as hereinafter provided, shall commence as to all Lots included within each such annexation on the first day of the month following annexation. Both annual and special assessments may be collected on a monthly basis, in the discretion of the Board of Directors of the Association, which shall fix the amount of annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. The Association shall, upon demand, and for a reasonable charge, furnish to any interested party a certificate signed by an officer of the Association setting forth whether the assessments against a specific Lot have been paid and, if not, the amount of the delinquency thereof. The Board of Directors of the Association shall establish the due date of all assessments contemplated by this Declaration. Notwithstanding anything contained herein to the contrary, Developer or associated entities shall not be requested to pay any assessments whatsoever so long as the annual assessments to Owners is not increased. Annual assessments payable to the Association shall begin pursuant to the terms and condi tions of these Covenants and Restrictions. B:\HIGHLAN.D.TXT-4 e e i'V 0'"\ (X) 0...... :00 I:) .." o .." An N o \.D )> r- ::u rTl C') ""00 >::0 c;") 0 rTl (J) 9 e e Section 9. Lien for Assessments. All sums assessed to any Lot pursuant to this Article, together with interest at the rate of twelve percent (12%) and all costs and expenses of collection, including reasonable attorney's fees, shall be secured by a lien on such Lot in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot, except only for: (a) Liens of general and special taxes; and (b) A lien for all sums unpaid on a first mortgage, ~ on any mortgage to Developer, duly recorded, includi~ all unpaid obligatory advances to be made pursuant to such mortgage and all amounts advanced pursuant to su~ mortgage and secured by the lien thereof in accordan~ with the terms of such instrument: and ("') o (c) Construction liens filed prior to the making or a~ such assessment. r . Except for said liens of general and special taxes, liens for all sums secured by a first mortgage and mortgages to Developer and construction l~ens as more particularly defined in subparagraphs (a) through (c) hereof, all otherlienors acquiring liens on any Lot after the recordation of this Declaration in the Public Records of Seminole County, Florida, shall be deemed an admission that such liens shall be inferior to liens for assessments, as provided herein, whether or not such admission specifically set forth in the instruments creating such liens. The recordation of this Declara- tion in the Public Records of Seminole County, Florida, shall constitute constructive notice to all subsequent purchasers and creditors, or either, of the existence of the lien hereby created in favor of the Association and the priority thereof. Section 10. Effect of Nonpayment of Assessment: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall be subject to a penalty of fifty dollars ($50.00) and shall bear interest from the due date at the highest rate allowable by law. The Association may bring an action at law against the Owner personally obligated to pay the same, or fore- close the lien against the property or both. No Owner may waive or otherwise escape liability for the assessments provided for herein. A suit to recover a money judgment for unpaid assessments hereunder shall be maintainable without foreclosing or waiving the lien securing the same. Section 11. Foreclosure. The lien for sums assessed pursuant to this Declaration may be enforced by judicial foreclosure by the Association in the same manner in which mortgages on real property may be foreclosed in Florida. In any such foreclosure, the Owner shall be required to pay all costs and expenses of foreclosure, including reasonable attorney's fees. All such costs and expenses shall be secured by the lien being foreclosed. The Owner shall also be re~ired to pay to the Association any assessments against the Lot wh~ch shall become due during the period of foreclosure, and the same shall be secured by the lien foreclosed and accounted for as of the date the Owner's title is divested by foreclosure. The Association shall have the right and power to bid at the B:\HIGHLAND.TXT-4 10 r-v 0"\ co 0"' ~C) o ..,., o ..,., ;:::c=; :P- r- ;0 rr'1 n -00 ~:::o (;') 0 fT1 en f'.) o e e foreclosure or other legal sale to acquire the Lot foreclosed, and thereafter to hold, convey, lease, rent, encumber, use and other- wise deal with the same as the Owner thereof for the purposes of resale only. In the event the foreclosure sale results in a deficiency, the Court ordering the same may, in its discretion, enter a personal judgment against the Owner thereof for such deficiency, in the same manner as is provided for foreclosure of mortgages in the State of Florida. No mortgagee shall be required to collect assessments. CJ) Section 12. Homestead. By acceptance of a deed thereto, t~ Owner of each Lot shall be deemed to acknowledge conclusively th~ the obligations evidenced by the assessments provided for in th~ Declaration are for the improving and maintenance of any homestea~ maintained by such Owner on such Owner's Lot. n o Section .13. Subordination of the Lien to Mortaaaes. The lie;, of the assessments provided for herein shall be subordinate to th~ lien of any first mortgage and mortgages to Developer. Sale o~ transfer of any Lot shall not affect the asses,sment lien. However, the sale or transfer of any Lot pursuant to foreclosure of any such first mortgage, or Developer Mqrtgage or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to pay- ments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for assessments thereafter becoming due or from the lien thereof. The Association shall, upon written request, report to any encumbrancer of a Lot any unpaid assessments remaining unpaid for a period longer than thirty (30) days after the same shall have become due and shall give such encumbrancer a period of thirty (30) days in which to cure such delinquency before instituting foreclosure proceedings against the Lot; provided, however, that such encumbrancer first shall have furnished to the Association written notice of the existence of the encumbrance, which notice shall designate the Lot encumbered by a proper legal description and shall state the address to which notices pursuant to this section shall be given to the encumbrancer. Any encumbrancer holding a lien on a Lot may pay, but shall not be required to pay, any amounts secured by the lien created by this section; and, upon such paYment, such encum- brance shall be subrogated to all rights of the Association with respect to such lien, including priority. ARTICLE VII INSURANCE Section 1. Obligation of Owners. Each Owner shall carry fire and extended coverage insurance on his Lot in the amount of the full insurable value (replacement value) of such Lot, and such policy or policies of insurance shall name the Association as a co-insured to the extent its interest may appear. Within thirty (30) days after acquiring title to a Lot, each Owner shall submit to the Association a certificate evidencing such insurance coverage and providing that the same cannot be canceled without at least ten (10) days written notice to the Association. The foregoing provi- sion shall be inoperative if, and only if, the Association itself maintains such insurance on such Lot as part of a blanket or master B:\HIGBLAND.TXT-4 11 r-v '::1' co C'\ ~o 0-:'1 C> ""T'l ::XC=; f') >- r ;0 rr1 n -00 >;0 .c;') 0 MU> e e policy insuring all or any portion of the Properties. Such master or blanket coverage may be maintained by the Association on any portion of the properties, with the written consent of the Owners of all Lots in such portion; and, in such event the costs of such coverage shall be specially assessed pro rata against each Lot enjoying the benefit thereof. Such blanket or master coverage may be maintained by the Association on all of the Properties if approved by three-fourths (3/4) of each class of members who are voting in person or by proxy at a meeting duly called for such purpose pursuant to notice given not less than thirty (30) days, nor more than sixty (60) days, in advance of such meet~ng. In su~ event, the cost of such blanket or master coverage may either ~ paid from general Association funds or may be specially assessed pro rata against each Lot within the Properties, in the discreti~ of the Association's Board of Directors. Notwi thstanding tJie foregoing, no government agency as an Owner shall be required fB carry insurance on any Lot. Nothing contained herein shall impo~ absolute liability on Owners for damage to Lots or the Common Area. ..." Section 2. Association's Obligations. The Board of Directo& may provide workers compensation insurance and fidelity bonds on its officers and employees in such amounts as is determined bf the Board of Directors to be necessary or desirable from time to t~e. Section 3. Destruction and Reconstruction. In the event of a partial or total destruction of a building or buildings, the same shall be rebuilt and repaired as soon as practicable and substanti- ally to the same design, plan and specifications as originally built, unless, within ninety (90) days of the date of the damage or destruction, all Owners and first mortgage holders agree not to rebuild or repair. On reconstruction, the design, plan and speci- fications of any building or Lot may vary from that of the original upon approval of the Association, provided however, that the number of square feet of any Lot may not vary by more than five percent (5%) from the number of square feet for such Lot as originally constructed, and the location of the buildings shall be substanti- ally the same as prior to the damage or destruction. (Subject to ARB approval). In the event any Owner fails to rebuild or recon- struct the building which is located on his Lot pursuant to this Section, then and in such event the Association may undertake said reconstruction or rebuilding and levy a special assessment against such Lot for the cost thereof. ARTICLE VIII STAGE DEVELOPMENTS AND ANNEXATION Section 1. Annexation Without Association Approval. The additional lands described in Exhibit "B" attached hereto together with any additional adjacent land may be annexed, thereafter deannexed, in whole or in part, by Developer and made subject to or removed from being subject to the governing provisions of this Declaration without the consent of the Class "A" members of the Association so long as there is Class "B" membership or the Developer still owns property or has an option to purchase any property described in Exhibit "B." The Properties, buildings and Owners situated upon all or any portion of the lands described in B:\HIGHLARD.TXT-4 12 N Q"\ CO 0"\ coo 0"" o -r'\ -C") f') :;po r ::0 rr1 n ~o :;P:;;O C") C) fT1 c.n I'.) . . Exhibit "B" attached hereto may at the option of the Developer, become subject to the provision of this Declaration or removed from being subject to the same upon recording of an appropriate amend- ment hereto executed by Developer without the consent of Owners. Until such an amendment so recorded, no provisions of this Declara- tion shall be effective as to all or any portion of the lands described in Exhibit "B," nor shall this Declaration constitute a cloud, doubt, suspicion or encumbrance on the title to said lands and there shall be no requirement that Developer annex all or any part of the balance of the Property into their Association. ~ f"l"l Section 2. When Association Approval Reouired. If, withi~ seven (7) years from the date of this Declaration, an applicatio~ for FHA mortgage insurance or VA mortgage guarantees has been mad~ and not withdrawn, and the FHA or VA determines that Developers~ detailed plan for the annexed property or this Declaration is no12 in accordance with the requirements of such agency and eithefr'" agency so advises the Association and Developer, Developer shal~ have the absolute right to amend this Declaration to permit th~ Properties and those lands described in Exhibit "B" to be FHA and VA approved; Developer retains the right to apply or not to apply, or to withdraw appl~cation, for either FHA mortgage insurance or VA mortgage guarantee at any time hereafter. Section 3. Effect of Annexation. When completed, any annex- ation pursuant to this Article shall extend the jurisdiction, functions, duties, and membership of the Association to the real property thereby annexed; and the Owners of the Lots within the lands described in Exhibit "B" attached hereto shall have equal duties and equal rights in and to the Common Area in the lands annexed with the Owners of the Lots in the annexed lands, and vice versa. 1'...> 0"' 0) 0'\ ='0 0-=1 o '"T1 :An :P- I :::0 fTI n -00 >:0 C:ll:J tTl (,f) 1"0.) w ARTICLE IX GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservation, liens and charges now or hereafter imposed by, or pursuant to, the provisions of this Declaration; and the party enforcing the same shall have the right to recover all costs and expenses incurred, including reasonable attorney's fees. In the event the Association enforces the provisions hereof against any Owner, the costs and expenses of such enforcement, including reasonable attorney's fees, may be assessed against such Owner's Lot as a special assessment pursuant to the provisions hereof. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so at any time. If these restrictions are enforced by appropriate proceedings by any such Owner or Owners, such Owner or Owners may be reimbursed by the Association for all or any part of the costs and expenses incurred, including reasonable attorney's fees, in the discretion of the Board of Directors of the Association. The City of Winter Springs is a third-party beneficiary with the right to legally enforce these documents or any part or B: \HIGHLltND. TXT-4 13 . e provision thereof. Nothing contained herein pennits or authorizes any violations or deviations from the City Code, City of Winter Springs. The St. Johns River Water Management District shall have the right to enforce, by a proceeding at law or in equity, ther-v provisions contained in this Declaration which relate to lie-e::n maintenance, operation and repair of the surface water ~~ stormwater management system. ~ 0"\ :z: thpse in f"IJlo fone o - . N -r'I Section 3. Amendment. The covenants and restrictions of tlUs- Declaration shall run with and bind the land, and shall inure to~ the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a tenn of thirty {3D) years from the date this Declar~tion is recorded, after which t~e said covena~ts shall automatically extended for succes- sive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than seventy-five per- cent (75%) of the Lot Owners, and thereafter by an instrument signed by not less than sixty-six and two-thirds percent (66-2/3%) of the Lot Owners, except as provided herein for annexation or deannexation. Any amendment must be properly recorded. Notwith- standing anything contained herein to the contrary, so long as the Developer is a member or is in control of the Association, the Developer may amend the Declaration for the purposes of curing any ambiguities or inconsistencies among or between the provisions contained in said Declaration or amendments thereto or Articles of incorporation of Highland Lake Association, Inc. or the Bylaws or to bring the Declaration into compliance with standards set out by Federal National Mortgage Corporation, Federal Home Loan Mortgage Corporation, VA or FHA, and make any reasonable amendments thereto; so long as such amendments conform to the general purposes and standards of the Declaration. Developer shall also have the abso- lute right to amend the Declaration for annexation or deannexation purposes. Section 2. Severability. Invalidation of anyone of covenants or restrictions by judgment or court order shall way affect any other provisions, which shall remain in full and effect. Any amendment to the Covenants and Restrictions which alter the surface water or stonnwater management system, beyond mainten- ance in its original condition, including the water management portions of the common areas, must have the prior approval of the St. Johns River Water Management District. Section 4. FHA/VA Approval. As long as there is a Class "B" membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administr- ation if application for FHA mortgage insurance or VA mortgage guarantees has been made and not withdrawn: Annexation of addi- tional Properties, dedication of common areas, and amendment of this Declaration. B: \HIGHLAND. TXT-4 14 00 0'" 0'" -- .......C") )> I ;;u J'Tl C") -00 )>;:0 G)O rn CJ} e e Section 5. Effect of Recording. Any Lot situated within the real property described in Exhibit "A" attached hereto shall be deemed to be "subject to assessment" as such term is used in this Declaration, or in the Association's Articles of Incorporation or Bylaws, upon recording of this Declaration; and any Lot annexed~ pursuant to the provisions hereof shall be deemed "subject to' assessment" upon recording of the amendment to this Declarat~n ~ annexing the same. :J: 0"\ :z: Section 6. Dedication. In the event any portion of the Prqfi- erties is dedicated for use by any public agency, or franchi~ thereof, for the purpose of installing utility facilities servicing the Properties then the provisions of this Declaration shall ~ __ inoperative to the extent that they conflict with the terms of sueh ~ dedication. Should any of the easements for utilities lie wit~n __ the Lots, a right of access to said easements is granted to the ~ entity or person owning the utility installation. Subject.to the requirements of this Declaration, the Association may dedicate all streets and roads to public use and, upon acceptance of such dedi- cation by the public agency having jurisdiction of the same, the terms and provisions of this Declaration shall not apply to the areas so dedicated to the extent that the provisions of this Declaration are inconsistent with such dedication. Section 7. Conflict with Declaration of Covenants, Conditions and Restrictions of the Hiahlands. In the event any provision in this Declaration is in conflict with the terms and conditions of the rules, regulations, covenants , conditions and restrictions existing for the Association, such provision shall be null and void and the Association's rules, regulations, covenants, conditions and restrictions shall control. Section 8. Common Area Conveyance. The Common Areas cannot be mortgaged or conveyed without the consent of at least seventy- five percent (75%) of the Owners excluding the Developer. IN WITNESS WHEREOF, the Developer has caused this instrument to be duly executed the day and year first above written. TNERS, LTD., a Florida Partnership " (JA-U L~S PRINT !JAME ~{( c.. C-Ae lAJ5 PRINT NAME of B:\HIGRLAND.TXT_4 15 o::JO 0.." 0.." An :::- I ::'0 ", (") -00 >:;:0 C)CJ nlU) . e STATE OF FLO)UDA . () ~/L- D. COUNTY OF ~{/v,--l'-~ NO'vU. ~ I HEREBY CERTIFY that the foregoing/instrument was acknowl- edged before me this /5";- day of "Sept:9mSer, 1993, by ATTILIO DiMARCO, as President of P.E.I. Homes, Inc., the General Partner ~ ADM3 PARTNERS, LTD., a Florida partnership, who is personally kno1!P to me or who did produce a Florida driver's license as proof Of identification and who did executed said document on behalf of safa partnership. rT'\ C") (:) . en <; C. r-e cuS MY COMMISSION EXPIRES: B: \HIGRLAND. TXT-f l~<"~~:t~ JILL c. CREws~"'1 :.: ~.. MY COMMISSION' CC 293646 ; ~..J EXPIRES: JUll8 10, 1997 0:;"- Bonded Thro lIolaly Public Ul'@J1w:iters I ..~~.......~ This instrument prepared by: Robert J. Pleus, Jr., Esquire PLEUS, ADAMS, DAVIS & SPEARS, P.A. 940 Highland Avenue P. O. Box 3627 Orlando, FL 32802-3627 (407) 422-8116 16 N 0' CO (j\ CJO 0-:'1 '.:::>-:'1 :=:C? :>> r ::0 fT1 ("") -00 :::>:::0 C'JO rr1 Ul N - I e . EXn:IEIT "A" HIGHLAND LAKE PHASE I DESCRIPTION That part of the Northwest 1/4 of Section 34, Township 20 South, Ran~e 30 East, Seminole County, Florida, also that part of Lots 27 and 28, Block 17, Lots 1 and 2, Clock 18 and Lot 20, Block 19, NORTH ORLANDO RAIICHES SEC. 11, recorded in Plat Book 13, Pages 22 and 23, Public Records of Seminole County, Florida and being more particularly described as follows: Commence at the most Easterly corner of Lot 89, HIGHLAND VILLAGE TWO, recorded in Plat Book 40, Pages 40 and 41, Public Records of Seminole County, Florida; thence N 31014'14" W,' 59.36 feet along the 1I0rtheasterly line of said Lot 89 for a Point of Beginning; thence continue N 31014'14" W, 46.66 feet along the Northeasterly line of said Lot 89 to on intersection of the Southerly Right of Way line of Hac Gregor Road; thence continue N 31014'14" W, 60.34 feet along the Northeasterly line of said Mac Gregor Road to the most Easterly corner of Lot 88 of said HIGHLAND VILLAGE TWO; thence N 70039'51" W, 144.26 feet along the Northeasterly line of said Lot 88, to the most liorther1y corner of said Lot 88; said most Northerly corner of Lot 88 also being the most Easterly corner of Tract "A", THE HIGHLArmS SECTION TWO, recorded in Plat Book 17, Page 47, Public Records of Seminole County, Florida; thence leaving said HIGHLAND VILLAGE TWO, run N 23049'27" W, 169.96 feet along the Easterly line of Tract "A", of said THE HIGHLANDS SECTION TWO to the South line of the City of Winter Springs Property recorded in O.R. Book 1584, Pa~es 1647 and 1648 Public Records of Seminole 'County, f1orida; thence leaving said Easterly line of Tract "A" run N 89005'00" E, 427.09 feet along the South line of said City of Winter Springs property; thence leaving said South line run S 00055'00" E, 160.00 feet; thence N 89005'00" E, 50.00 feet; thence S 00055'00" E, 110.00 feet; thence S 8g005'00" W, 53.10 feet; thence N 31014'14" W, 60.63 feet; thence S 58045'46" W, 160.00 feet to the Point of Beginning. CONTAINING '2,840 SQUARE FEET' 2.13 ACRES "ORE OR LESS. iv 0"\ ~O (fl => "'T1 r-1 CO O~ ~ en ::::::n :z: > C> t r rr1 ::=J n rr1 C) n . N -0.0 ""1 >:::0 :- C')O F1(/) -J . . , ~ MEMO: 11/15/93 TO: WHITEY MORANt BUILDING OFFICIAL FROM: DAVID ALAMINAt BUILDING INSPECTOR ~ RE: DEED COVENANTS FOR WINTER SPRINGS INDUSTRIAL PARK As you directed met I went to see Mr. Bonyadi t Associated Design & Constructiont this morning about the deed restrictions for Winter Springs Industrial Park. I spoke with his secretary who informed me that both Mr. Bonyadi and Mr. Roger Owen were not in. The secretary then located Mr. Owen by phone who then directed her to the whereabouts of the deed restrictions and covenants. I asked the secretary if the documents were filed with the courts and she responded that they were not filed with the courts and that she had to sign them as a witness. Mr. Bonyadi's secretary then proceeded to sign several pages of the document. I advised her that the Building Dept. can only accept legally recorded deed restrictions.