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HomeMy WebLinkAboutThe Highland Declaration of Covenants,Conditions & Restrictions . I... -..~a :fitm~ltlan~ DECLARATlaN OF COVENANTS, . CClNlIlTleNS ANII RESTRICTIONS " ___~_____________ J .J ~ J I f \ '"/ :' .. ,I:, / /e ..' 4lE 20. 1984 ~ ,.. 1. 1..-. ARCHITECTURAL REVIEW BOARD OF HIGHLANDS HOMEOWNERS' ASSOCIATION, WINTER SPRINGS. FLORIDA DESIGN GUIDELINES I. ARCHITECTURAL REVIEW BOARD FUNCTIONS The Architectural Review Board (ARB) of the Highlands Homeowners' Association (HHOA) was established in 1973. Its duties are presented in HHOA Declaration of Covenants, Conditions, and Restrictions. recorded in the office of the County Clerk of Seminole County. Florida. The ARB shall function as follows: A. to promulgate from time to time residential planning criteria for the Properties. However, any such planning criteria shall be set forth in writing and made known to all Owners and to all prospective Members of the Association. Any residential planning criteria promulgated by the ARB shall be subject to final approval by the Association. Said residential planning criteria shall include any and all matters considered appropriate by the ARB not inconsistent with the provisions of this Declaration; B. to approve all improvements of any kind or description to be erected, constructed, or maintained upon The Properties and to approve any exterior additions to or changes or alterations therein. No improvements of any kind or description whatsoever shall be erected, or the erection thereof begun, or change made in the exterior design thereof after original construction of any Lot or Living Unit in The Properties until the complete plans and specifications and a plot plan showing the location of the structure have been approved by the ARB. Two complete sets of plans and specifications showing the nature. time. shape, height, materials, and location of such proposed improve- ments must be furnished to the ARB and approved in writing by the ARB as to (1) quality of design. workmanship and materials, (2) the harmony of the external design, and (3) location in relation to surrounding structures, topography and finished grade elevations, prior to the commencement of any construction thereof. If found to be in compliance with the restrictions set forth herein and the criteria established by the ARB, and, in the opinion of the ARB, consistent with the planned develop- ment of The Properties and contiguous lands thereto, one set o of plans and specifications shall be returned to the Owner or builder marked "Approved by the Architectural Review Board of the Highlands Homeowners' Association." Such approval shall not be effective for construction commenced more than six (6) ...0..- e e :f ( \ months after the approval date. If no action is taken by the ARB within thirty (30) days after their delivery to the ARB, they shall be deemed approved on the thirtieth (30th) day following such delivery provided that such plans and specifi- cations do not alter the land uses for such property contemplated on any existing PUD Plan and subject to the right of the Association to enjoin any construction that does not comport with the restrictions set forth herein. The ARB may require payment of a cash fee, not to exceed fifty dollars ($50.00) with respect to anyone Living Unit or structure, to partially com- pensate for the expense of reviewing plans and specifications, such fee to be payable at the time the plans are submitted for review; and c. to require to be submitted to it for approval any samples of building materials proposed or any other data or 'information necessary to reach its decision; " D. notwithstanding anything contained herein to the contrary, the ARB may not limit densities below those approved by the City of Winter Springs (formerly, "Village of North Orlando") for the PUD Plan referred to in Section 2.1. II. PURPOSE OF GUIDELINES ANn CHARACTER DESIRED A. Purpose The purpose of these design guidelines is to provide visual control and protect the character and integrity of the Highlands community. The desired result is the maintenance of high property values and the provision of a pleasant livable environment for all residents. In accordance with the Declaration of Covenants, Conditions, and Restrictions, Article XI, Section 11.4 Enforcement, enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants; failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter; and in enforcing any of these covenants or restrictions the Association shall be entitled to recover its costs, expenses and charges including reasonable attorneys' fees. To insure that development will occur according to the limitations of use, design, coverage and phasing as stipulated on the pre- liminary and final development plans. -2- e e l' ( l 1. All roof vents and turbines are to be painted to match the color of the roof. 2. All electrical and wind operated vent turbines are to be located on the rear slope of the roof. All other roof vents are to be located on the rear slope if ~~~~i~!~~ E. Floor Areas 1. Minimum square footage of floor areas for single-family dwellings are given in the following table~ Dwelling Unit Minimum Net Interior ,'Usable Floor Area Two bedrooms Three bedrooms Four bedrooms Five bedrooms 1,050 sq. ft. 1,300 sq. ft. 1,400 sq. ft. 1,600 sq. ft. 2. Footages given are for net interior usable floor area of the main structure, exclusive of basement, patio, open or screened porches, garage, guest house, and other outbuildings incidental to the residential use of the premises. Interior square footage beneath a ceiling height of less than seven feet cannot be included as usable floor space. 3. All single-family detached units must have double garage. "\"-- IV. SITE PLANNING ~'X?(, / " A. Site plans for each building lot are to be reviewed and approved by the ARB. B. Building Setbacks 1. Single-Family Housing a. Building setbacks for typical lots are to be as follows: /J ; -f " (1) Front yard: 25 'feet : .-;' ......_i .' / ~:/r)<--', (2) Side yard: 7~ feet / ,..., ,J, (3) (4) 25 feet Rear yard: Corner side lot: I- I I ( " :> /' .--,..,. 15 ,feet }.~ /' "\ , 'i '1'>!j '>.' "'-"" c..:. ~~I t- .5. I j !j ::. " f '/ " -4- , J., ....) '-" 1(' ( .J . /-) '. 'I" /:/ c,(:\.-;,l' ; i ~..f'" "" ! " ; I .' "" I '(. , : I'~ ',." 0./'" j I.~' , I ! )1 , J' I! 1'1 . 'Q I : , ' v e e T I { 2. Multi-Family Housing a. Front yard: 25 feet b. Rear yard: 25 feet ..'.... . '-" ,..!:;J Distance between buildings: , 20 feet I I '3. If deemed desirable, the ARB may vary building setbacks for smaller lots by granting a special exception. 4. Where a number of houses are being built on adjacent lots by one owner, a zero, ,l~E l:i..!l~ side yard must be approved by_ the ARB. -"'~~-- ~~-~-~., c. Fencing 1. All plans for fencing are to be reviewed and approved by the ~ before construction. 2. Landscape screening or fencing is mandatory on side and rear lot lines abutting Sheoah Boulevard, Sheoah Circle or Shepard Road where natural screening is not adequate. These fences shall be uniform in color and design. Landscape screening of a permanent nature is' preferred (close-grouped planting, hedges, etc.). The approved ARB color is Acrylic Latex Stain Platinum Base 371 B-8 C-36 1-32 KIT which may be obtained from Color Wheel Paint Store, or "Kings Canyon" which may be obtained from the Glidden Paint Store. 3. For uniformity all new fencing must expose the good side out, be of cedar, grade D or better, 6' high with 6" boards. The design may be dogear-clipped, or shadow box. See Exhibit A, Design #1 and #2. No chain-link fencing allowed. 4. All fencing must be stained on the outside with an approved color. Color choice must be submitted to the ARB prior to purchase or application. Color must be a soft, muted natural earth tone. Fences may match the house color but must not clash with abutting fencing. No bright, dark or white colors will be allowed. The ARB has the right to reject any color it deems not to be in keeping with the natural setting of the Highlands. Fences will be maintained and in good repair by the property owner at all times. D. Air Conditioning Units Air conditioning units are to be screened from view of the public by planting and/or fencing. -5- e e y J l E. Screening All screening for pool enclosures and porches is to be black or gray. Green or silver screens will not be allowed. Aluminum must be bronze in color. F. Wells All plans for wells shall be submitted to the ARB for review and approval. G. Play Structures All plans for play structures shall be submitted to the ARB for review and approval. Location of play structur~ must not interfere with rights of the adjacent property. )( G Extedor antennas of any type may~ot be (l 'r~ ~".i ':'.~ " J ,....t., >-1 ....'~,' . ,.":' -tJ .) _ _ ..;...l.~.." \.... \...)....,1 ,"..."" v. LANDSCAPING erected.) f?;; C-- c/: !:. (j/ e..!..:.. c1)",", 1:> l i-:/ '1 -X --.-- ----- 7,r- A. Preservation of Existing Trees All trees larger than six' inches caliper are to be preserved unless they directly interfere with building construction. No trees larger than six inches caliper may be removed without prior per- mission of the ARB. B. Planting and Paving 1. Use of color rock surfacing or paving in place of living plants will not be allowed. 2. Driveway paving is to be of concrete with no color added. C. Lawn Ornaments All lawn ornaments shall be reviewed and approved by the ARB before installation. VI J MAIL DELIVERY BOXES AND STREET ADDRESSES A. Curbside Delivery Boxes The U. S. Postal Service requires curbside delivery boxes for single-family subdivisions. To provide an overall attractive appearance, a standardized curbside delivery mailbox is required as specified in Exhibit B. -6- ...;.,,- e e ~ ~ 0' 4. -W.-- I I . . I t \ __ ~i#lt"()~Q..O ~Ml..c..o)l ./ ~~Te.O ~1rC."" ~.. j t. 0........ auLlll-iO"1O 4 x 4- /Io.l(X) I=' P..~ 1 -- .. ) OR. to''''-'/ M&l A\.. ~.&T ?AI....re;.P o . I TO ~ATC~ M"IJ,..~o)' I . ..It" ... ..,.' e e " Custom mailboxes shall be reviewed and approved by the ARB before installation. B. Clustered Delivery Boxes For apartments, townhouses and patio houses, grouped mail delivery boxes will be required. Acceptable standard designs are as shown in Exhibit C. C. Street Numbering 1. Street numbers placed on mailboxes or on houses should be white or dark gray and of a simple, legible design similar to those shown in Exhibit D. 2. For legibility, numbers placed on houses should be at least 4" high and not to exceed 8" high. VII. APPLICATION, PROCESSING AND APPEAL A. Application 1. No improvements of ~ny kind, and no external alterations, additions or changes shall be made until an application, including plans and specifications for such improvements, has been submitted to the .AR:B and approved by it in writing. The following plans must be submitted to the Architectural Review Board in duplicate for approval: a. Preliminary Site Plan . b. Final Site Plan c. Exterior Elevations d. Floor Plans With Square Footage e. Cluster Plans f. Color Samples g. Exterior Materials h. Signs i. Landscaping Plans j. Fencing Plans k. Construction Trailer Site -7- ,/t".:~';-~, " '. ,. . ~.~. ", :.. :,:.-:.' ,. ",- . 1j..;,S.~~'~';~ rt~..:!I:-. -:'~.'..'. . -;"~'-S:ll~'";{''' 7!r~r . .;, ::~ .. .~f II . '. : ~~~, 'f -;-.' ;:t :~... .~ ...?i,~;/' . :'.L~.. .,".. :""':'~""tJIIII,I~:',\.. ,.,' '.. : '.': :~:.t ~ t; . ....,I. ' .. "" ..' ':" '.i ",:' ',' It. ...... :,.;.. : ,': ,.'; ~ , .:: . e . ~. - ~ ~ - - - : ~i I ~ -. oJ ,:'",;\tU' ,:',1:;>;t1'~i';,~:,' .L,t D '-L.l ~ .c( tJ - t- W > ..J I..Ll :::t '.' EXHIBIT 'D' STREET NUMBERS ,/~ '--\- 2./' --- . e 1. Dumpster Site m. DCCRs n. Plot Plans __o.---DraiDage Plans r::: ------~..~~, ., ,.,.." -----.-.- --------- -f.- All chang~;-1;~i;1':~---during construction regarding exterior \~le]!1~~~~'"'~t;"_._1IIB.-~~~i,als 1I1ust have t~ _p-riQr approval of the ARB. 2. ~ appli~~tion shall consist of ~. cowpl~le sets of plans. specifications. plot plans and any other material including color samples required by the ARB to fully describe the proposed improvements. :B. Approval (.:~ u e,j,I", I (I ..::',''-':/ ' ,/ ., / . 1. .ARB approval is not. complete until both the preliminary and final site plans have been submitted and approved. When the complete application is received the ARB will approve or dis- approve in writing. regarding its satisfaction of these design guidelines. and as to: a. Quality of design, workmanship and materials. b. The harmony of the external design. c. Setbacks. Location in relation to surrounding structures, topography. and finished grade elevations. 2. When approved, one set of plans and specifications may be returned to the applicant marked "approved" and giving the date of approval. C. Appeal 1. A decision of the ARB may be appealed by the applicant in writing, to the :Board of Directors of the Association. 2. The :Board will consider the appeal. and may affirm the action of the ARB or make such other determination as it deems appropriate under the circumstances. VIII. PLAN REVIEW FEES A. All plans and specifications required to be submitted to the ARB shall be accompanied by a fee. in accordance with a fee schedule adopted by the ARB. -8- ~ .' . e B. The fee schedule may be changed from time to time by the ARB. For current schedule see Exhibit E. C. At their option, the ARB may allow the re-use of previously approved Architectural plans and specifications. If approved plans are reused, complete site plans must be submitted for approval. IX. Developers shall be required during the construction period to control, regulate and maintain the development as to prevent the accumulation of trash and debris, on both the site and adjacent property. HIGHLANDS ARCHITECTURAL REVIEW BOARD PLAN REVIEW FEE SCHEDULE A. SINGLE-FAMILY HOUSING 1. Single Units For each total set of plans, including site plan, fencing and landscaping. $25.00 2. Grouped Units by Builders For each house model submitted (including master site plan, fencing and landscaping). $25.00 3. Re-use of Approved Architectural Plans a. Reuse of approved architectural plans. No Charge b. Site plans for approved architectural plans. (1) Single site $10.00 $25.00 (2) Master site plan layout B. MULTIPLE FAMILY AND TOWNHOUSES 1. Complete Plans for a Building Site. $50.00 2. Site Plans for Previously Approved Architectural Plans (per site). $25.00 EXHIBIt E -9- .';""" ._~_. . . lan~ Homeowners' Association. IT--. 675 Shepard Road Winter Springs, Florida 32707 (305) 323-3640 OWNER: OF: in the Winter Springs Highlands, hereby acknowledges receipt of the following documents pertaining to the design and construction of improvements at the above address, and to restrictions on the use and occupancy of the property: Design Guidelines - Single Family Detached Housing Declaration of Covenants Conditions and Restrictions By - Laws Articles of Incorporation Rules and Regulations OWNER SIGNATURE DATE e e WINTER SPRINGS HIGHLANDS Design Guidelines Single Family Detached Housing I. PURPOSE OF GUIDELINES AND CHARACTER DESIRED A. Purpose The purpose of these design guidelines is to provide visual control and protect the character and integrity of the Highlands community. The desired result is the maintenance of high property values and the provision of a pleasant livable environment for all residents. B. Character The community character desired can be expressed in terms of the natural setting, manmade developments and overall maintenance. The Highlands owes much of its character to the natural setting of forests, hills and streams. These amenities should be preserved, consistent with the planned development of the project. All develop- ment within the project, including original construction and later alterations and additions, should respect and relate well to the natural setting by preserving native vegetation, by using colors and materials which blend well with this setting and by avoiding stark or startling colors, materials or designs. Regarding maintenance, the character desired is simply one of general good housekeeping and well maintained properties, free of untidy clutter. II. ARCHITECTURE \",,,,,,,,,,_~""J<'''''-,,,,",''''''''''~-''''''''''''~'''='''''':'~ '. A. Style 1. ~~l:~}f~!~~J:lKPJaru3caIlde le'\7Cltipl1,l;l Clr.~ tC) pe reviewed by the Highlands Architectural Review Bocarg(ARll). 2. No specific architectural style is required. All styles should, however, be well suited to the climate and the natural setting. B. Materials 1. All exterior materials are to be reviewed by the ARB. 2. The number and variety of exterior materials should be limited such that the design is perceived as a unified whole rather than a busy display of materials. 3. Where concrete block is used, block must be stuccoed on.all e:x:~:rior"t-l8:l1s,except that thEr'rear'wiiTf may be painted block special exception granted by the ARB. e . C. Colors 1. All exterior colors are to be reviewed by the ARB. 2. Colors are to be muted earth tones compatible with the forest setting of the Highlands. D. Roof Vents and Turbines 1. All roof vents and turbines are to be painted to match the color of the roof. 2. All electrical and wind operated vent turbines are to be located on the rear slope of the roof. All other roof vents are to be located on the rear slope if possible. E. Floor Areas 1. Minimum square footage of floor areas for dwellings are given in the following table. Dwe lling Unit Minimum Net Interior Usable Floor Area Two bedrooms Three bedrooms Four bedrooms Five or more bedrooms 1,000 sq. ft. 1,200 sq. ft. 1,400 sq. ft. 1,600 sq. ft. 2. Footages given are for net interior usable floor area of the main structure, exclusive of basement, patio, open or screened porches, garage, guest house, and other outbuildings incidental to the residential use of the premises. Interior square footage beneath a ceiling height of less than five feet cannot be included as usable floor space. III. SITE PLANNING A. Site plans Required Site plans for each building lot are to be reviewed by the Highlands ARB. -,,,.-,,,,.',,,,,,-~"'.-"'." ".""\'C'!::;~;~'~'~:;;;'i":':;':.t;ci1,@Ji~~1~t B. ( Building Setbacks \ """~~"""""". 'V"," .,""."",,"""'"'''''' 1. Build1ng setbacks for typical lots are to be as follows: a. Front yard: 25 feet ;,.:Wl'_~~Ji:.f,,; b. Side yard: 5 feet c. Rear yard: 25 feet e e ~~t:e~;e:r::~~~:b;e ~~~'~x~~~ti~~~ bu~!~~,~~ setbacks for smaller 3. Where a number of houses are being built on adjacent lots by one owner, a zero lot line side yard may be allowed by the ARB. C. Fencing 1. All plans for fencing and screening are to be reviewed by the Highlands ARB. 2. Fencing is required on side or rear lot lines abutting Sheoah Boulevard, Sheoah Circle, and Shepard Road. For uniformity of color and design, all new fencing must match existing fencing on these same frontages (see fence Exhibit A Design #1) and must be stained light gray with a bleaching oil approved by the ARB. 3. Other than as specified in #2 above, of or similar to standard designs as #3 or #4 of attached design sheets. allowed. all fencing shall be wood, shown in Exhibit A Design #2, No chain link fencing is 4. Pool enclosure screening is to be gray or black. Green or silver screens will not be allowed. D. Air Conditioning Units Air conditioning units are to be screened from view of the public plaIlt+Ilg;Ci??Ie>E fencing. IV. LANDSCAPING A. Preservation of Existing Trees All trees larger than six inches caliper are to be preserved unless they directly interfere with building construction. No tree larger than six inches caliper may be removed without permission of the ARB. B. Planting and Paving 1. Use of colored rock surfacing or paving in place of living plants will not be allowed. 2. Driveway paving is to be neutral colors. V. MAIL DELIVERY BOXES AND STREET ADDRESSES A. Curbside Delivery Boxes The U. S. Postal Service requires curbside delivery boxes for single family subdivisions. To provide an overall attractive appearance, a standardized curbside delivery mailbox is required as specified in Exhibit 'B'. e e B. Clustered Delivery Boxes For apartments, townhouses and p~tio houses, grouped mail delivery boxes will be required. Acceptable standard designs are as shown in Exhibit 'C'. C. Street Numbering 1. Street numbers placed on mailboxes or on houses should be white or dark gray and of a simple, legible design similar to those shown in Exhibit 'D'. 2. For legibility, numbers placed on houses should be at least 4" high. VI. APPLICATION, PROCESSING AND APPEAL A. Application 1. No improvements of any kind, and no external alterations, additions or changes shall be made until an applicatio~ including plans and specifications for such improvements, has been submitted to the ARB and approved by it in writing. 2. An application shall consist of the required plan review fee, plus two complete sets of plans, specifications, plot plans and any other material required by the ARB to fully describe the proposed improvements. B. A-e:eroval 1. Upon receipt of a complete application the ARB reviews and approves (or disapproves) the application in writing, regarding its satis- faction of these design guidelines, and as tq: a. Quality of design, workmanship and materials. b. The harmony of the external design. c. Location in relation to surrounding structures, topography and finished grade elevations. 2. When approved, one set of plans and specifications shall be returned to the applicant marked "approved", and giving the date of approval. e e VII. PLAN REVIEW FEES A. All plans and specifications required to be submitted to the ARB shall be accompanied by a fee, in accordance with a fee schedule adopted by the ARB. B. The fee scheduled may be changed from time to time by the ARB. For current schedule see Exhibit 'E'. e e HIGHLANDS ARCHITECTURAL REVIEW BOARD PLAN REVIEW FE:&.SCH:&DULE A. SINGLE FAMILY HOUSING 1. Single Units For each total set of plans, including site plan, fencing and landscaping $25.00 2. Grouped Units by Builders For each house model submitted (including master site plan, fencing and landscaping) $25.00 3. Re-use of Approved Architectural Plans a. Reuse of approved architectural plans No Charge b. Site plans for approved archiectural plans 1. Single site $10.00 2. Master site plan layout $25.00 B. MULTIPLE FAMILY AND TOWNHOUSES 1. Complete Plans for a Building Site $50.00 2. Site Plans for Previously Approved Architectural Plans (per site) $25.00 EXHIBIT 'E' VI +:- W N t-' "-' '-" '...-' '-" '-' rt 0 o I-h 'cT' I-h CD CD ::l +:-n CD ~ rt rtN+:-O ~ 0 ~ '0 I-h oor:r Hill CD +:- CD n t/l CD t/l c: n H 0 CD t-' t-' CD n rt o H ?;j<:CIl III CD rt .... H H t-' rt .... .... ::l n n QQ III III CD '0 t-' H t/l rtr:r o 0 rt III 0 r:rH CD p. r:r Ul CD N n CD t-' 'oj P. . III ~ "" H 'oj'Tj o H t/l 0 rt ::l t/l rt ~ 00 '0 rt QQ H .... H H 0 ::l rp III c:: CD III P. QQ rt CD::r'OCD H P. CIl =Ul rt ~~ g~. ~ ::l::l ::l CD o CIl CD rt H n rt" ~ CD H r:rp.c:: n CD III n III rtHrtn::l rt ~ .... '-<: III CD 0 '0 t-' H QQ::l H . H CD H III QQ CIl .... P.H t/lQQ CD III ::r' p. rt = CD 0 I t:l H 0 =n H'l CD I o P. ~ H III III H ~ r:r. CD rt rt CD H 0 !~ m (fl .... I~ G\ Z I~ "" 1-1 i ... i . I:X: L .______ n o ::l t/l rt H 0 c: H n rt 0 .... rt o ::r' ::l CD H QQ H'O III c: p.r:r Cl> t-' .... n n CD p.?;j Ill' H 0 ~ CIl 'oj tt:l o H 'Tj H o ;t:- "" H o Z CIl ~ rn (\ -I o Z. ~ t'\_ .\ 1- o ... {tl .- m <: ::P -t IQ lz I I I~ 'I ,- o : e , ,. 1...0 4" ()~ ~ \'P. .f' -Q... ~ "U t------ L-- __- t------- L_____ ~4.. e I I I 4.. SOIl. u, I~ Ifl I 'l f~ ~ ><. ~ '" ~ z: {\ IT ~ l,,:--~ 4-- -------y, \, ~ '- to .. ('=:011. ~. ':tflJ,GC). . __._.__:'.M~ ~.._ _....__~_. 4'_<'0 01<'- -:;"-(0 ,~ x l)) () 't 1) !, 1 ~ )C ~ ~ -\ ,f\ ~ G\_ I C\ ~ /.') ~I~ @' 111: -~. t ~'l ~l-\ ~lr- .t=::r- - '!.r.. i -\\ ~ .' .. ~' i- ..,.1' 1 -\~,~ ~f:\ l' 'f \;\ l' i~ ~~~ ~ \ '$.'1:"- . .'~ iili . -~'i 1:J @ - ~ 0.1' ~ ." m C!) m X z :::c \'I 'r- (') ...... ..!{ ...... ro z ...... G') -l 0 m - (j) )> ...... - G') z (j) I\) I;W\ w e ~t IJ}'(J' fl'~-M \" ~~: ' ~.r ~~ : e- -~'" ~\" \' I ~\-\- I \"-\~ -\ t: ~ I -, -,. I '-' \ I I -- I ~~ ..' ~ . . ~ ~ 1 i ~~ -,\-- '~ 1 I I I I I , ~~ ~~ ~~ " ,-- 7.-_ ~i ,~ -'~ ,-: --I j j '1 I ~r -t'-, 1! 3t,,- ~l,~ ~l ~! _mot ~ t::=--=- ' :8 i ]g I It"d' ~dU ~~_(J'__. I! J. -t:--- r ~ ~ .~ ~ ~! t '(" 1: ~ ~ .(>- ~ e ~)--~!4' ll4-' ~~ \\'\ ~~ · ~1:: . ~ ~ I-\\,,, \' I ~\ . ~ ~~ \ ~\ I ~f ~ i~ ~ -:1 ! I \ '-. l' i I~; :1 h ,~ .,.' I l :: I F ~ ~~ t" ~ \~ ~'t" ,'~ -"~ I I r it i: i "!'~~_:..-. f.-,-.,.~,,'j . po \J I -"-"''''~'r'-' I /-t -\ =-=:::~::"'_:~_.: il ~ t=r ~. . ~.--:1 :~-- f !i e- ~ .-=_~.~~'~.~-:j t- 'Iii, _H ~===~'m.."~~..J I ~~~ l\) I--.---.J ... ,.::s- 'f I I -. " I: _ ~ ~ ,. i::~ . \ i.--.~..=J !; :~ \ J'-~'-~1-1 I I!; .t==-,.:- -f"."'..,....~ il--~ I I f~:~==l\_ ! Il'..r/ .IJ,,~, I :~\ ~--'f 1,'''' -.....--..... 1J(~ ::~ *:~ -~ t -1' ~~ ~ ~ e e --- EXHIBIT 'A' DESIGN 114 e e /-'j .~. M\!~ ~ ~ // / I j/'/I 1\ ~ "'::>"A\~Ohl,-1? \.\ftslL.l?oy: ) PAl N TE;D t::>L "Co \C- 0 IZ. I I / ./ OA(2.,\(. E'}\J"'TI-! -iDI-le' r I i !r II 4 x 4- WO;::) l? P O'i, T j .- ,'- OR. '1 } , ..1 / MSTAL po'Z..T PAl NTSI) i ,-{// TO M^TC~ M~I\...Bo)( -..--r i I j i I . 1, ..IYl- ... EXHIBIT 'B' uMAIL DELIVERY _BDXES e e \ .. . "~ EXHIBIT 'C' CLUSTERED MAIL BOXES ~'l'; ~ ~- . ~ :t' ~\ \ ~ :J - Cl w ~ <! \.J r- w ?J w :t EXIUBIT 'D' STREET NUMBERS --Jj .......... II -'''Ill'''''W.,Ji:ijjiiifjfffiJIilJ~lt.iiIlII-_'~c1'"'''n_~'fWl!M,~'''..T'-- lr~'mllllllli\/:1Win~'~jTfit-~~jjl~~~~~"L;.' ),,'c' .... f;- -1, . . Florida land Company Subsidiary of Florida Gas Company Orlando and Orange Avenues - P. O. Box 44 - Winter Park, Florida 32789 -(305) 646-1100 b~"""!"''''', ~ ~ ~~'-"'(r, } ..... "'.'. IJ . \?, V n~ .\ ~ \~ AV \ Ljl.~~ \)-~wr-" .~~~ Thomas F. Lang City Attorney City of Winter Springs c/o Jones & Bishop 400 Maitland Avenue Altamonte Springs, FL Ci ty of Vv'in t C er S . ity Hall prmgs Ocr 171978 RfCElVt/):':" \ , ( '-:, ,,,'. ' (. The Highlands sectiot~~'CGU!iL9~& , 'DA IE 17 October 1978 32701 Re: Dear Tom: As we discussed last Friday, I have in this letter reduced to writing the obligation of Florida Land Company with regard tb the Declaration of Covenants, Conditions and Restrictions for The Highlands as it relates to the issues which the City Council has raised concerning approval of the plat for Section Six. The City Council has expressed concern that the buffer fence be adequately maintained. The fence is proposed to be erected along the rear lot lines of certain of the lots within Section Six which are adjacent to surrounding property which is not a part of the plat. As we discussed, the fence would be on private property, and it would be the responsibility of each individual property owner to maintain it. Furthermore, in the event that the fence should fall into a state of disrepair, the Highlands Homeowners' Association has adequate power under the Declaration of Covenants to correct the problem. Specifically, at Article VIII of the Declaration, the Association is given the power to effect exterior maintenance on any property if the Association determines that the property is in need of repair or maintenance. The Association may perform the work required, and has the authority to assess the costs of such maintenance against the property maintained. If necessary, the Association has the power to foreclose the lien on the property in order to collect the assessment. In the past, the occasion has arisen infrequently where the Association was required to perform exterior maintenance pursuant to Article VIII; however, in those few instances, the Association has in fact exercised its authority, made the exterior repairs, and collected the assessment. As long as Florida Land Company is in control of the Association, Florida Land Company will take appropriate steps to see that the fence is properly maintained. In addition, in any sales which Florida Land Company makes to purchasers of property within Section Six, there will be added to the deed of conveyance a restriction to the effect that the property owner within Section Six shall be responsible for maintaining the fence in a good state of repair and in accordance with architectural guidelines established by the Architectural Review Board of the Highlands Homeowners' Association. '~ ,.!, . . - .., ~.~ Thomas F. Lang - 2 - 17 October 1978 The City Council had also expressed concern regarding appropriate setbacks for buildings on lots within Section Six. I have reviewed, the final plat for Section Six with both the builder and Florida Land Company personnel, and Florida Land Company can state that the setbacks for the lots within Section Six w~.JJ~J2.~,.<~~,~!,2,!!,2:i':,~t; The front setbacks shall be,]5 f~t...for c:J",l, lots except ;~~~~~b~~k;~~h~r~-t~~2~o~e:~~s:n~o~~et~~d~r~~~b:~~~a~~a~~a~~~2~e or a~~e lots. These setbacks are based on the current plans of the builder to erect particular unit models on specific lots. In the event, however, that the units would need to be changed from lot to lot, then the setbacks may have to be changed as well. In any event, however, no improvements of any kind could be made without the explicit written approval of the Architectural Review Board, in accordance with the provisions of Article VI of the Declaration of Covenants. Pursuant to that article, the ARB 'has full power and authority .to require the submission of plans and specifications of every improvement to any lot, before any construction is commenced, and this power extends to any additional improve- ments which a homeowner may wish to make in the future. ' ....... Additionally, the City Council had expressed concern as to whether each duplex unit would be considered a living unit and be separately assessable pursuant to the Declaration of Covenants. The definition of "living unit" con- tained in Article I of the Declaration of Covenants defines what a living unit is, and clearly each unit of the duplex would constitute a living unit pursuant to the Declaration. Furthermore, Article V spells out what an "assessable living unit" is, and it becomes clear that each duplex unit is a "living unit" which would be an "assessable living unit" and be liable for all assessments under the Declaration of Covenants. The owner of each unit, therefore, would be liable for any and all assessments. DOW:gsk cc: J. L. Clark D. A. Crosby I hope that this letter has adequately addressed the issues which you had mentioned were of concern to the City Council. If you have questions, or if anything needs further clarification, please contact me. Sincerely yours, utt-~ d7~ ~Q {) , ' ! "d ''''" \\l'e D . I 0 Wh' , ;,.- '(';.... ~:t Ii. ~,~ '(~ an~e . ~ te " ~} !^J:, "ll\ '.., ~~\ \i'\ .~:'!- A f . ". . '~~. .\ ~~ \;'" \1;'i~ \{\ '.~,,,, ttorney or l;~.~t~:~t:.'fA~~ W3,\,>~~""'1--Yl Florida Land Company JJ:;~... J~ 'j.;~.P'..~;,\~.t\.."t..~ ~~.''';'.1~7. "*,{i-' ~'".\ 3.... ~.., .() .#,,1 ~'\~;. ~ ' ~!.; ., c, ' "\ \'. .'\'\~ f,J ~ f\\\,'\\\.:~~r.". C\\\l <)i.... l'1 --. ('\ ~ ~Qp Q. c-u~<-(';--<-R )L(.(..~t~ l cfl (g) <6'" . . 'Iit~H~an~ . \1 . DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ~" ,1 .'.' '" Florida land Company Subsidiar~ of Florida Gas (ompan~ ~ 4 -"" :;: bJJ C\l 1:: :>.. "" .,.., .0 '"Cl .., ..... "'0 cu.r-! <lJ ;:l k :>.. P'I C\l <lJ 0. 1:: 1:: <lJ k 0 k 0 ~ 0.'" ~ N "'1:LIO Ul<C 0 '" kr--. :;: "0 r--. ..... 0 ..,.......... ~ .,.., "" Ul <lJ <JJ C\l Ei Z..c ~ ::J - ~ Q) kO'HH .., .,.., tf.l . f::t.I ... ~ 1:LI ~ .,.., :>.. 0 ~ .., .., rn co !::: tf.l .,-I.r-! Q.) ::J ..c k :;: 0 HP'lH::J:: " . . oel '57 969 0734 aoo, PAGE SEHINOLE COUNT\' FLORIDA DECLARATION OF COVENANTS, CONDITIONS ~C':, , . ;' ::i,e, , . i~,. :;. ',"tcl~.,-.~;i}~~.II~. ~U.'i1.~ ffi4NfH!:+ AND RESTRICTIONS FEfJ LU 1- KNOW ALL MEN BY THESE PRESENTS, that this Declaration of Covenants, Conditions and Restrictions, made and entered into on this 2, ll... j-;{' -"? ,~day of,.( 'l'L.:.' telL,"!, 197 :'), by FLORIDA LAND COMPANY (the "Developer"), a Florida corporation, joined herein by DEVELOPMENT ENTER- PRISES, INCORPORATED, a Florida corporation, WIT N E SSE T H: WHEREAS, the Developer is the owner of the real property described in the attached Exhibit A and DEVELOPMENT ENTERPRISES, INCORPORATED is the owner of the real property described in the attached Exhibit B; and WHEREAS, the Developer and DEVELOPMENT ENTERPRISES, INCORPORATED deem it desirable that all of the property described in the attached Exhibit A will be subject to the covenants, conditions and restrictions set forth in this Declaration except for the property specifically excluded on pages 4, 5, 6 and 7 of Exhibit A (the "Golf Course Property"); and WHEREAS, the Developer desires to create a residential community covering the property described in Exhibit A (except for the Golf Course Property) to be known as "The Highlands", with permanent parks, playgrounds, open spaces and other common facilities for the benefit of the said community; and WHEREAS, the Developer has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an agency to which should be delegated and assigned the powers of maintaining and administrating the community properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, the Developer shall be responsible for the organization of a Florida non-profit corporation, which may be named HIGHLANDS HOMEOWNERS' ASSOCIATION (the "Association"), for the purpose of exercising the functions aforesaid; and WHEREAS, DEVELOPMENT ENTERPRISES, INCORPORATED desires its property described in Exhibit B 0fhich property is also included in Exhibit A) to have the benefit and use of said community properties and facilities and be subject . 969 0735 . 30G~ FAGE SEHiliJel, COU!HY FLORIDA to the assessments, charges and other obligations relating thereto in the same manner as the other includible property described in Exhibit A; NOW THEREFORE, the Deve loper and DEVELOPMENT ENTERPRISES, INCOR- PORATED declare that the real property described in Exhibit A (except for the Golf Course Property) and such additions thereto as may hereafter be made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, ~ restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth. .. ARTICLE I DEFINITIONS Section 1.1 Definitions. The following words when used in this Declaration or any supplemental declaration (unless the context shall prohibit) shall have the following meanings: (a) "Association" shall mean and refer to the HIGHLANDS HOMEOWNERS' ASSOCIATION. (b) "The Properties" shall mean and refer to all Existing Properties and additions thereto which are subject to this Declaration or any supplemental Declaration under the provisions of Article II hereof. (c) "Common Properties" shall mean and refer to those areas of land, other than Lake Audubon, shown on any recorded subdivision plat of The Properties intended to be devoted to the common use and enjoyment of the Owners and occupants of The Properties. (d) "Lot" shall mean and refer to any numbered parcel of land within a lettered or numbered block as shown on any recorded plat of land within The Properties, or with respect to any block on such a recorded ,,,. plat which is not subdivided into numbered lots, the term "Lot" shall refer to such block. With respect to land within The Properties not .. covered by a recorded plat, the term "Lot" shall refer to that portion of each contigious tract of land within The Properties (i) which is held under common ownership and (ii) which is not covered by a recorded plat. (e) "Living Unit" shall mean and refer to any building or portion of a building situated upon The Properties designed and intended for use and occupancy as a residence by a single family including, but not limited to, - 2 - . 969 0736 . alj0~ F~GE SEfllNO"-c COLl~TY FLORIDA Condominium Units and Patio or Cluster Homes. (f) "Condominium Unit" shall mean and refer to any Living Unit that is designed to be a part of a condominium project and is located on property with respect to which a Declaration of Condominium has been recorded. (g) "Patio or Cluster Home" shall mean and refer to any Living Unit that is a part of the Patio or Cluster Home property indicated on the ". PUD Plan. (h) "Owner" shall mean and refer to the record owner, whether .. one or more persons or entities, of the fee or undivided fee interest in any Lots or Living Units situated upon The Properties, but shall not mean or refer to a mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. (i) "Member" shall mean and refer to the Developer and all Owners who are members of the Association pursuant to Section 3.1. (j) "Existing Property" shall mean the property described in Exhibit A attached hereto except for the Golf Course Property. (k) "ARB" shall mean and refer to the Architectural Review Board. (1) "Golf Course Property" shall mean and refer to the property described on pages 4, 5, 6 and 7 of Exhibit A attached hereto. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION Section 2.1 Existing 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 that property described in Exhibit A attached hereto, except for the Golf Course Property. A planned unit development plan, with respect to the Existing Property (the "PUD Plan"), was approved by the City of Winter Springs (formerly ... "Village of North Orlando"), Seminole County, Florida, on August 16, 1971. Section 2.2 Additions to Existing Property. Subject to the provisions of subparagraphs (a) and (b) of this Section 2.2, and Section 2.3, the Association or the Developer may subject additional land to this Declaration by filing a supplementary declaration of covenants and restrictions of record. - 3 - . 969 0737 . aOG~ . PAGE SEMINOLe COUNTY FLORIDA (a) Changes in accordance with a General Plan of Development. The Developer, its successors and assigns, shall have the right to include additional properties within this Declaration only if such inclusion is made pursuant to a revised General Plan of Development, as approved by the appropriate governmental agencies, but such additions must substantially comply with the existing PUD Plan. Such revised General Plan of Development shall show the proposed ': additions to the Existing Property and shall contain: (i) a general indi- cation of size and location of development stages and proposed land uses " in each such stage; (ii) the approximate size and location of common pro- perties proposed for each stage; (iii) the general nature of proposed common facilities and improvements; and (iv) a statement that the proposed additions, if made, will be subject to assessment for their just share of Association expenses. Unless otherwise stated therein, such revised General Plan of Development shall not bind the Developer, its successors or assigns, to adhere to the Plan or make the changes proposed therein and the plan shall contain a conspicuous statement to such effect. (b) Mergers. The Association's Articles of Incorporation shall provide that upon a merger or consolidation of the Association with another association, the Association's properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association, or alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration with The Properties together with the covenants and restrictions established upon any other properties held by the surviving or consolidated Association. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration within The Properties except as hereinafter provided. Section 2.3 General Provision Regarding Additional Property. Prior to January 1, 1975, additional land may be subjected to this Declaration - 4 - e 969 0738 e 800. PAGE SEMINOLE COUNTY FLORIDA only if such addition is consented to by not less than eighty-five percent (85%) of the total number of votes entitled to be cast by the Members voting in person or by proxy at a meeting duly called for such purpose. Thereafter, the consent of not less than two-thirds (2/3) of the total number of votes entitled to be cast by the Members voting in person or by proxy at a meeting duly called for such purpose shall be required. Written notice of any meeting called pursuant hereto shall be sent to all Members at least thirty -. (30) days in advance. Notwithstanding anything hereinabove to the contrary, prior to January 1, 1975, none of the property which presently comprises the , subdivision located in the City of Winter Springs and known as ''The Terrace" may be subjected to this Declaration without the consent of the Developer and DEVELOPMENT ENTERPRISES, INCORPORATED. Regardless of the method used to subject additional property to the terms and provisions of this Declaration, no such addition shall revoke or diminish the rights of the Owners of The Properties to util~ze the Common Properties established hereunder except to grant to owners of the properties being added the right to use the Common Properties established hereunder and to change voting rights and assessments as hereinafter provided. No supple- mentary Declaration of Covenants and Restrictions shall alter the relative rights and obligations of the Members within a Class. A supplementary Declaration of Covenants and Restrictions may contain such additions, deletions, and modifications of the covenants and restrictions contained in this Declaration as may be necessary or desirable to reflect the different character, if any, of the properties added thereby. ARTICLE III MEMBERSHIP AND VCYrING RIGHTS IN THE ASSOCIATION Section 3.1 Membership. The Developer, each OWner who is a ... successor developer designated by the Developer, and each Owner of an assessable Living Unit (see Section 5.3(a)), shall be a Member of the Association unless such Owner holds such interest in an assessable Living Unit merely as a security for the performance of an obligation. Section 3.2 Voting Rights. The Association shall have three classes of voting membership: - 5 - e 969 e 0739 JOGt. FAGE SEf.I!NI).l CUU~H FLORIDA Class A. Class A Members shall be all Owners of assessable non- rental Living Units and all Owners of assessable rental Living Units who do not own more than one-hundred (100) rental Living Units. Class A Members shall be entitled to one (1) vote for each assessable Living Unit which they own. If a Living Unit is owned by more than one person or entity, all such persons and entities shall be Members and the vote with respect to such Living Unit shall be exercised as such persons and entities shall among themselves determine, but in no event shall more than one (1) vote be cast with respect to any such Living Unit. ., Class B. Class B Members shall be all Owners of more than one- hundred (100) rental Living Units at least one or more of which is assess- able. Class B Members shall be entitled to one-half (1/2) vote for each assessable rental Living Unit which they own. If an Owner is comprised of more than one person or entity, all such persons or entities shall be Members and the vote with respect to the assessable rental Living Units owned by such Owner shall be exercised as such persons or entities among themselves determine, but in no event shall more votes be cast with respect to such assessable rental Living Units than the total number of votes which could be cast if the Owner were but one (1) person. Class C. Class C Members shall be the Developer and/or any Owner who is a successor developer so designated by the Developer. Class C Members shall be entitled to cast three (3) votes for each Living Unit contemplated by the PUD plan for construction on the property owned by such Member, or, if there is no PUD plan in existence with respect to such property, twelve (12) votes for each acre of such property owned by such Member. The Developer initially had 5538 votes based upon the PUD Plan of the Existing Property as approved on August 16, 1971. ARTICLE IV THE COMMON PROPERTIES Section 4.1 Members' Easements of Enjoyment. Subject to the provisions of Section 4.6, every Member and resident member of the immediate family of an occupant of an assessable Living Unit owned by a Member shall have a right and easement in and to the Common Properties and such easement - 6 - e 969 0740 e BOO~ PAGE SEMINOLE COUNTY FLORIDA shall be appurtenant to and shall pass with the title to every Lot and Living Unit. Each such Member or occupant of an assessable Living Unit shall be entitled to use any and all Common Property belonging to the Association regardless of its location. Section 4.2 Title to Common Properties. The Developer may retain the legal title to all or any part of the Common Properties until it has completed improvements thereon and, in the opinion of the Developer, ". the Association is financially able to maintain the same. Notwithstanding any provision herein to the contrary, the Developer hereby covenants for -. itself, its successors and assigns, that it shall convey to the Association all Common Properties located within The Properties not later than the date the Developer has conveyed to Owners ninety-five percent (95%) of the land acreage platted for residential structures within the boundaries of the Properties as shown on the PUD plan approved by the City of Winter Springs (formerly "Village of North Orlando"), Seminole County, Florida on August 16, 1971. Section 4.3 Improvements to be Provided by the Developer. The Developer, at its expense, shall develop and construct for the Association at least three (3) recreation sites. One site will contain a clubhouse, a swimming pool, and a playground facility. The second site shall contain a beach area, boat ramp, boat dock, a pavilion with rest rooms and a barbecue,pit, and a playground. The third site shall contain tennis court facilities, rest room facilities, and a playground. There will also be provided within The Properties a pathway system for both bicycle and pedestrian traffic and three (3) additional playgrounds. Section 4.4 Cash Advance to the Association by the Developer. During the initial years of development of The Properties, the Developer may make cash advances to cover operational expenses for the purpose of promoting the recreation, health, safety, and welfare of the Members of the Association as provided in Section 5.2. Such cash advances shall be interest free. Section 4.5 Repayment of Cash Advances by the Association to the Developer. All cash advances made pursuant to Section 4.4 shall be repaid to the Developer on or before December 31, 1977, and the Association shall take all action necessary to repay such advances by such date including, - 7 - e 969 0741 e 30Cf PAGE SEHlr'oL[ coU~nt FLORIDA if necessary, borrowing money or mortgagirgthe Association's properties. Section 4.6 Extent of Members' Easements. The rights and ease~ ments of enjoyment created hereby shall be subject to the following: (a) the right of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Common Properties and in aid thereof to mortgage said properties. In the event of a default upon any such mortgage, the lender shall be entitled, after taking possession of such properties, to charge admission and fees as a condition to continued enjoyment by the Members and occupants of Living Units owned by Members and, if necessary, to open the enjoyment of such properties to a wider segment of the public until the mortgage debt is satisfied whereupon the possession of such properties shall be returned to the Association and all rights of the Members shall be fully restored. (b) the right of the Association to take such steps as are reasonably necessary to protect the Common Properties against foreclosure; (c) the right of the Association, as provided in its Articles and By-Laws, to suspend the enjoyment right of any Member or occupant of an assessable Living Unit owned by such Member for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations; (d) the right of the Association to charge reasonable admission and other fees for the use of the Common Properties. Except as otherwise provided in Section 4.6(a), such admission and other fees shall not be charged for any of the ordinary uses of the Common Properties such as open swimming, open tennis or use of the picnic facilities, except when consented to by not less than two-thirds (2/3) of the total number of votes entitled to be cast by the combined Class A and Class B Members voting in person or by proxy at a meeting called for such purpose; and (e) the right of the Association to dedicate or transfer all or any part of the Common Properties, to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication, transfer, or determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by Members representing not less than two-thirds - 8 - (pU~ e e I 0 8 4 I 166 JC1'i~. ~AG~ SEHI~OLc COUNTY FLORIDA AMENDMENT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS KNOW ALL MEN BY THESE PRESENTS, that this Amendment to the Declaration of Covenants, Conditions and Restrictions, is made and entered into this 23rd day of April, 1976, by FLORIDA LAND COMPANY, a Florida corporation, hereinafter referred to as "Developer". WITNESSETH: WHEREAS, Developer has heretofore filed of record a Declaration of Covenants, Conditions and Restrictions applicable to the property described in Exhibit "A" therein, said Declaration being recorded at O.R. Book 969, Page 734, Public Records of Seminole County, Florida; and WHEREAS, Developer deems it desirable, pursuant to Article X of said Declaration, to make reasonable amendments thereto; and WHEREAS, the Amendment hereinafter set forth to said Declaration does not diminish or dilute the rights of the members of the Association in any manner; and WHEREAS, said Amendment conforms to the general purposes and standards of the Covenants and Restrictions contained in said Declaration; NOW, THEREOFRE, Developer declares that the Declaration of Covenants, Conditions and Restrictions referred to hereinabove is amended as follows: 1. There shall be added a new Section 4.4(a), which shall read as follows: "Section 4.4(a) No Cash Advances After March 1, 1976. After March i, 1976, the Developer may make no cash advances to the Association to cover operational expenses which must be repaid by the Association. This section shall not affect the obligation of the Association to repay cash advances made prior to March I, 1976." 2. Article IV, Section 4.5, which reads as follows: "Section 4.5 Repayment of Cash Advances by the Association to the Developer. All cash advances made pursuant to Section 4.4 shall be repaid to the Developer on or before December 31, 1977, and the Association shall take all action necessary to repay such advances by such date including, if necessary, borrowing money or mortgaging the Association's properties. shall be amended to read as follows: "Section 4.5 Repayment of Cash Advances by the Association to the Developer. All cash advances made pursuant to Section 4.4 prior to March 1, 1976, shall be repaid to the Developer on or before December 31, 1987, from surplus funds of the Association, and the Association may take action necessary to repay such advances by such date including borrowing money or mortgaging the Association's properties." This instrument prepared by: <& DANIEL O. WHITE Florida Gas Company P. O. 80x 44 Winter Park, Florida 32789 Page 1 of 2 e e 10841167 aOOK PAGE SEMINOLE COUNTY FLORIDA 3. There shall be added a new Section 4.5(a), which shall read as follows: "Section 4.5(a) Funding of Deficits by the Developer. So long as the Developer actually has majority control of the Board of Directors of the Association, the Developer shall fund any deficits incurred by the Association for operational expenses, and the Association shall not be obligated to repay such deficit funding." 4. Article V, Section 5.8 which reads as follows: "Section 5.8 Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be absolutely sub- ordinate to the lien of any first mortgage now or hereafter placed upon the properties subject to assessment. This subordination shall not relieve such property from liability for any assessment now or hereafter due and payable." shall be amended to read as follows: "Section 5.8 Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Any first mortgagee who obtains title to the property pursuant to the remedies provided in the mortgage or foreclosure of the mortgage shall not be liable for such property's unpaid dues or charges which accrue prior to the acquisition of title to such property by the mortgagee. No sale or transfer shall relieve such property from liability for any assessments thereafter becoming due or from the lien thereof, provided, however, that, as to a purchase money first mortgagee (not a construction lender) who has acquired property as provided above, neither the purchase money first mortgagee nor its suc- cessors in title shall be obligated for that portion of assessments necessary to repay cash advances, as provided in Section 4.5, which accrue after such acquisition by the purchase money first mortgagee. 5. The section numbers of Article IV shall retain their original numbering for ease of reference. 6. This Amendment shall become effective as to all properties subject to the Declaration of Covenants, Conditions and Restrictions referred to above upon being duly recorded In the public records of Seminole County, Florida. 7. Except as amended herein, the Declaration of Covenants, Conditions and Restrictions hereinabove referred to shall remain in full force and effect. IN WITNESS HEREOF, Developer has caused this instrument to be executed and de livered th i s 2 ~day of A j>~'-f ,1976. Signed, sealed. and delivered in the presence of: N-c0-W -71'1. "'~l \A~' , ,f)J "{ ~~'~'F~fA~~..' -, . ( FLORIDA/)COM~Ar .'. // ') / )/ (~ ,--,~)/L'(( - . 'R. ~nilip Silvef, p~ident Attest: ~u./ O. ~ Daniel O. ite Assistant Secretary By: STATE OF FLORIDA COUNTY OF ORANGE BEFORE ME, personally appeared R. Philip Silver and Daniel O. White, to me well known and known to me to be the President and Assistant Secretary respectively of FLORIDA LAND COMPANY and who executed the foregoi~g.,"n"tr.ument and acknowl edged before me thqt they executed the same on beha 1f of \ tlte' corporation for the purposes therein expressed. , ,...d., (}I-''''; i1 CJ I/~' WITNESS my hand and official seal this.:13 day of,.,.,,,,,:,,, \ 'f19"(6o) ~'" ~!" No r Public ,', My commi ss ion expi res :vJ/OUcnthv.. .QO, }Cl'r9 . . Notary P'vWft, Sfot.of Florida ('I' ~g. M, Commi,slon Expires Nov, 2C1, 1979 Boft.~-d by An1l!',l.:"an Fire & Cam&f1y C~ Page 2 of 2 e 969 0742 e BOOK PAGE SEMINOLE COUNT'/' FLORIDA (2/3) of the total number of votes entitled to be cast by all Class A and Class B Members has been recorded, agreeing to such dedication, transfer, purpose, or conditions, and unless written notice of the proposed agreement and action thereunder is sent to every Member at least ninety (90) days in advance of any action taken. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 5.1 Creation of the Lien and Personal Obligation of Assessments. Each Owner of an assessable Living Unit by acceptance of a deed therefore, whether or not it shall be so expressed in such deed or other conveyance, and whether or not such deed was recorded prior to this Declaration, hereby covenants and agrees to pay to the Association all annual assessments or charges and special assessments for capital improve- ments; such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest thereon and the cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time the assessment became due. All assessments shall, when paid, be deposited in a separate assessment fund bank account. The assessment fund shall be held, managed, invested and expended by the Association, at its discretion, for the benefit of The Properties and Owners therein. Section 5.2 Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the Members of the Association and in particular for the improvement and maintenance of prop- erties, services and facilities devoted to the purpose and related to the use and enjoyment of the Common Properties, including by way of illustration and not by way of limitation: (a) Payment of taxes and insurance on Common Properties, and payment of operational expenses of the Association; (b) Lighting, improvement and beautification of access ways and - 9 - . 969 0743 e BOOK PAGE SEMINOLE COUNTY FLORIDA easement areas, and the acquisition, maintenance, and repair and replacement of directional markers and signs and traffic control devices, and costs of controlling and regulating traffic on the access ways; (c) maintenance, improvement and operation of drainage easements and systems; (d) management, maintenance, improvement and beautification of parks, ponds, buffer strips, bike paths, swimming pools, and recreational areas and facilities; (e) garbage collection and trash and rubbish removal, but only when and to the extent specifically authorized by the Board of Directors of the Association; (f) providing police protection, night watchmen, guard and gate services, but only when and to the extent specifically authorized by the Board of Directors of the Association; (g) repayment of funds and interest thereon, borrowed by the Association; (h) payment of reasonable expenses incurred by the ARB but only to the extent specifically authorized by the Board of Directors of the Association; and (i) doing any other thing necessary or desirable, in the judgment of said Association, to keep the community neat and attractive or to preserve or enhance the value of the properties therein, or to eliminate fire, health or safety hazards, or which, in the judgment of said Association, may be of general benefit to the owners or occupants of lands included in The Properties. Section 5.3 Effective Date of Assessment and Payment. (a) Effective Date. No Living Unit shall become assessable prior to the later to occur of (i) the date the clubhouse referred to in Section 4.3 is substantially completed and open for use, and (ii) April 1, 1973. Thereafter, each Living Unit shall becmne assessable on the first to occur of the following two dates: (1) sixty (60) days after the date that the Building Inspector for the City of Winter Springs, Seminole County, Florida indicates, by signing the Building Permit, that the Living Unit or structure within which the Living Unit is located has passed final inspection; and, (2) the first day of the month coinciding with or next following the date such Living Unit is occupied. - 10 - e e 969 u744 800~ r~GE SEMIN'o~_l COUNTY FLORIDA (b) Payment. Except as otherwise provided in Section 5.3(c) below, each annual assessment shall be payable in advance on January 1 and shall become delinquent if not paid by the following February 10 Until the Association is activated, all payments shall be made directly to the De- veloper for use as provided in Sections 502 and 5.11. Thereafter, such payments shall be made to the Association or such party as the Association may designate in writing. In the event a Living Unit becomes assessable (as provided in this Section 503) after January 1 of any year, the amount of the annual or any special assessment for such Living Unit for such year shall be payable in advance on the date it becomes assessable and shall be equal to (i) the annual assessment which would have been assessed against such Living Unit had it been assessable for the entire year, multiplied by (ii) that fraction in'which the numerator is equal to the number of days in such year that such Living Unit will be assessable and the denominator is three hundred sixty-five (365). (c) Exceptions. In lieu of paying annual assessments in advance and notwithstanding the provisions of Section 503(b) above to the contrary, the annual assessments for Condominium Living Units owned by DEVELOPMENT ENTERPRISES, INCORPORATED and the original Owners of Condominium Living Units located on apartment site number five described in Exhibit B who purchased such Living Units from DEVELOPMENT ENTERPRISES, INCORPORATED, shall, unless such Owners elect to make payments in advance as provided in Section 503(b) above, be prorated and paid on a monthly basis as such assessments accrue. Section 5.4 Annual Assessments. (a) Initial amount. The initial annual assessment, commencing January 1, 1973, shall be: (1) One Hundred Eighty Dollars ($180.00) for each assessable Living Unit owned by a Class A Member; and, (2) Ninety Dollars ($90.00) for each assessable Living Unit owned by a Class B Member. (b) Changes in initial amount. On or after January 1, 1975, the initial annual assessment may be increased or decreased by the Board of Directors of the Association after considering current maintenance costs and future needs of the Association provided, however, that the annual assessment for each Living Unit may not: - 11 - e 969 0745 e BOOK PAG~ SEMINOLE COUNTY FLORIDA (1) Unless a greater amount is approved by the holders of not less than two-thirds (2/3) of the total number of votes entitled to be cast by all Members voting in person or by proxy at a meeting duly called for such purpose, exceed the greater of (i) the applicable amount set forth for each Class in Subsections 5.4(a)(1) and (2), and (ii) one hundred five percent (105%) of the applicable annual assessment for the preceding year for Living Units owned by Members of such Class, or (2) Be less than the amount set forth in Subsections 5.4(a)(1) and (2) so long as any loan or cash advance to the Association is outstanding. The limitations of this Section 5.4 shall not apply to any change in the assessments occurring as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation and under ,Section 2.2 hereof. Notwithstanding anything herein to the contrary, the annual assessment of any Living Unit with respect to which an exterior maintenance cost has been incurred by the Association pursuant to Section 8.1, shall be increased by the amount of such cost as provided in Section 8.2. Section 5.5 Special Assessments for Capital Improvements. In addition to the annual assessments authorized by Section 5.4 hereof, the Association may levy special assessments for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement upon the Common Properties, including the necessary fixtures and personal property related thereto, provided that (i) not more than one such special assessment may be levied during anyone calendar year and (ii) such special assessment shall have been consented to by not less than two-thirds (2/3) of the total number of votes entitled to be cast by all Members who are voting in person or by proxy at a meeting duly called for such purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting. Notwithstanding any provision of the Association's Articles of Incorporation to the contrary, the quorum required for any action authorized by this Section 5.5 shall be as follows: - 12 - e 969 0746 e 30e, PAGE SEHI~'JLc COLJNTY FLORIDA At the first meeting called, the presence at the meeting in person or of proxies of Members representing not less than sixty percent (60%) of the total number of votes entitled to be cast by the Members shall constitute a quorum. If the required quorum is not present at the initial meeting, subsequent meetings may be called, subject to the thirty (30) day notice requirement set forth herein and the required quorum at any such subsequent meeting shall be one-half (1/2) that required at the meeting initially called. In no event shall any such subsequent meeting be called more than sixty (60) days after the call of the preceding meeting. Section 5.6 Certificate of Payment. Upon demand, the Association shall furnish a certificate in writing signed by an officer of the Associa- tion to any Owner liable for an assessment. The certificate shall state whether said assessment has been paid and shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 5.7 Effect of Non-Payment of Assessments. If an assessment is not paid when due, then such assessment shall become delinquent and shall, together with such interest thereon and the costs of collection thereof as hereinafter provided, thereupon become a continuing lien on the property which shall bind such property in the hands of the then Owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the then Owner to pay such assessment shall remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them. If an assessment is not paid within fifteen (15) days after it becomes delinquent, the unpaid amount of such assessment shall bear interest from the date it becomes delinquent, until paid, at the rate of ten percent (10%) per annum, or such greater rate as may be provided by the laws of the State of Florida, and the Association may bring an action at law against the Owner personally obligated to pay the same and/or to foreclose the lien against the property, and interest shall be added to the amount of such assessment, together with the costs, charges and expenses of the action, including reasonable attorney's fees and costs of abstracts of title. Section 5.8 Subordination of the Lien to Mortgages, The lien of the assessments provided for herein shall be absolutely subordinate to - 13 - e 969 0747 e BOOK PAGE SEMINOLE COUNTy FLORIDA the lien of any first mortgage now or hereafter placed upon the properties subject to assessment. This subordination shall not relieve such property from liability for any assessment now or hereafter due and payable. Section 5.9 Exempt Property. The following property subject to this Declaration shall be exempt from the assessments, charges and liens created herein: (i) all properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use; (ii) all Common Properties as defined in Section 1.1 hereof; (iii) all properties exempted from taxation by the laws of the State of Florida, upon the terms and to the extent of such legal exemption; (iv) all properties owned by Class C Members; and (v) the Golf Course Property. Notwithstanding any provisions herein, except for the property referred to in clause (v) of this Section 5.9, no land improvements actually devoted to dwelling use shall be exempt from said assessments, charges or liens, including Living Units owned by Class C Members. Section 5.10 Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each Living Unit for each assessment period and shall, at that time, prepare a roster of The Properties and assessments applicable thereto which shall be kept in the offices of the Association and shall be open to inspection by any Owner. Written notice of each assessment shall be sent to every Owner subject thereto. Section 5.11 Use of Assessment Funds by the Developer. The Developer, until the time the Association is activated, may use any part or all of said assessments for the purposes set forth in Section 5.2. The Developer shall account to the Association for any sums so expended and shall deliver to the Association the balance of any such funds upon activation of the Association. ARTICLE VI ARCHITECTURAL REVIEW BOARD Section 6.1 Formation. The Developer shall, upon the recording of this Declaration, immediately form a committee known as the "Architectural Review Board" (the "ARB"). The ARB shall function as follows; - 14 - e 969 0748 e aoo, P'~' SE/.1JNOlE COUNTY'" FLORIDA (a) Composition. Initially, the ARB shall consist of five (5) persons designated by the Developer and shall include at least one (1) architect and one (1) representative of DEVELOPMENT ENTERPRISES, INCORPORATED. The ARB shall maintain this composition until the Association has been activated. Upon the activation of the Association, the ARB shall be appointed by the Board of Directors of the Association and shall serve at the pleasure of said Board, provided, however, that in its selection, the Board of Directors of the Association shall be obligated to appoint the Developer or his designated representative to such Board for so long as the Developer owns any Lots in The Properties or has not completed the General plan of Development for the entire area owned by the Developer. The Board of Directors shall also be obligated to appoint at least one (1) architect to the ARB and one (1) hbmeowner Member of the Association. Neither the Association, the Board of Directors of said Association, nor the Members of the Association, shall have the authority to amend or alter the number of members of the ARB which is irrevocably herein fixed at five (5) members. A quorum of the ARB shall be three (3) members. No decision of the ARB shall be binding without a quorum present and an affirmative vote by a majority of the members present. (b) Duties. The ARB shall have the following duties and powers: (1) to promulgate from time to time residential planning criteria for The Properties. However, any such planning criteria shall be set forth in writing and made known to all Owners and to all prospective Members of the Association. Any residential planning criteria promulgated by the ARB shall be subject to final approval by the Association. Said residential planning criteria shall include any and all matters considered appropriate by the ARB not inconsistent with the provisions of this Declaration; ~) to approve all improvements of any kind or description to be erected, constructed, or maintained upon The Properties and to approve any exterior additions to or changes or alterations therein. No improve- ments of any kind or description whatsoever shall be erected, or the erection thereof begun, or change made in the exterior design thereof after original construction of any Lot or Living Unit in The Properties until the complete - 15 - e 969 0749 e aOOK PAGE SEMINOLE COUNTY FLORIDA plans and specifications and a plot plan showing the location of the structure have been approved by the ARB. Two complete sets of plans and specifications showing the nature, time, shape, height, materials, and location of such proposed improvements must be furnished to the ARB and approved in writing by the ARB as to (i) quality of design, workmanship and materials, (ii) the harmony of the external design, and (iii) location in relation to surrounding structures, topography and finished grade elevations, prior to the commencement of any construction thereof. If found to be in compliance with the restrictions set forth herein and the criteria established by the ARB, and, in the opinion of the ARB, consistent with the planned development of The Properties and contiguous 'lands thereto, one set of plans and specifications shall be returned to the Owner or builder marked "Approved by the Architectural Review Board of the Highlands Homeowners' Association." Such approval shall be dated and shall not be effective for construction commenced more than six (6) months after the approval date. If no action is taken by the ARB within thirty (30) days after their delivery to the ARB, they shall be deemed approved on the thirtieth (30th) day following such delivery provided that such plans and specifications do not alter the land uses for such property contemplated on any existing PUD Plan and subject to the right of the Association to enjoin any construction that does not comport with the restrictions set forth herein. The ARB may require payment of a cash fee, not to exceed fifty dollars ($50) with respect to anyone Living Unit or structure, to partially compensate for the expense of reviewing plans and specifications, such fee to be payable at the time the plans are submitted for review; and (3) to require to be submitted to it for approval any samples of building materials proposed or any other data or information necessary to reach its decision. (4) notwithstanding anything contained herein to the contrary, the ARB may not limit densities below those approved by the City of Winter Springs (formerly, "Vi llage of North Or lando") for the PUD Plan referred to in Section 2.1. - 16 - e 969 0750 . BOOK PAGE SEMINOLE COUNTY FLORIDA ARTICLE VII GENERAL RESTRICTIONS - USE AND OCCUPANCY Section 7.1 Only Residential Purposes. No Lot or Living Unit zoned residential shall be used in whole or in part for anything other than residential purposes, provided however, that each builder or developer may maintain model Living Units. Other than conducting the sale of Living Units, no trade, traffic or business of any kind, whether professional, commercial, industrial or manufacturing shall be engaged in or carried on upon The Properties or any part thereof; no hospital, sanitarium, church, private school, riding academy, tavern or any institution of similar or like character shall be conducted or maintained on The Properties, nor shall anything be done thereon which may be or which may become an annoyance or a nuisance to The Properties. Section 7.2 Temporary Buildings. No tent, shack, trailer, house trailer, garage or other outbuilding shall at any time be used on any Lot as a residence or living quarters, either temporarily or permanently, and no building or dwelling of a temporary character shall be permitted, except during phases of construction as permitted by the ARB. Section 7.3 Animals. Birds, and Fowls. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot or in any Living Unit, except that a reasonable number of dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes. In the event of dispute as to the reasonability of the number of such cats, dogs, or household pets kept upon The Properties, the decision and opinion of the ARB shall control. Section 7.4 Laundry. No clothes, sheets, blankets or other articles shall be permitted to be or otherwise displayed on any part of The Properties except in a service yard or yard enclosed by a lattice, fence or other screening device approved by the ARB. Section 7.5 Aerials, No radio or television or other aerial, antenna, tower or transmitting or receiving aerial, or support thereof shall be erected, installed, placed or maintained upon any Lot or Living Unit or upon any building or structure, except those devices which may be erected, installed, placed, or maintained and used under eaves or entirely within the enclosed portion of the individual dwelling unit or garage; and in no event shall such devices protrude above the highest point of the dwelling or Living Unit situated upon such Lot. - 17 - e 969 075/ . BOO~ FAG~ SEMINO~E COLlNTY ~ FLORIDA Section 7.6 Exterior Light Fixtures. No exterior lighting fixture shall be installed on any Lot or Living Unit without adequate and proper shielding of fixture. No lighting fixture shall be installed that may become an annoyance or a nuisance to the residents of adjacent properties. Section 7.7 Boat and Vehicle Storage. No automobile, truck, trailer, house trailer, boat trailer, or other vehicle and no boat of any kind shall be parked, left or stored upon any Lot other than in a garage or, in the case of Condominium Units only, a designated parking space, for more than forty-eight (48) hours, and then only if such vehicle or boat is operable and in a good state of repair. Section 7.8 Utilities. Wires and conduits for the transmission of electricity, telephone and other purposes, public sewers, land drain pipes, water and gas mains, or pipe~ shall be placed beneath the surface of the ground except that street light standards and similar electrical equipment may be placed upon the surface after the ARB has approved the design, location, and, where needed, the proposed screening. Section 7.9 Signs. Except as otherwise permitted by the ARB, no sign of any character shall be displayed or placed upon any Lot or Living Unit except "for rent" or "for sale" signs, which signs may refer only to the particular premises on which displayed, shall not exceed two (2) square feet in size, shall not extend more than three (3) feet above the ground and shall be limited to one (1) sign per Lot or Living Unit. Section 7.10 Refuse. No trash, garbage, rubbish, debris, waste material or other refuse shall be deposited or allowed to accumulate or remain on any Lot. No fires for burning of trash, leaves, clippings or other debris or refuse shall be permitted on any Lot. Unless otherwisec approved by the ARB, lightweight containers, not weighing more than twenty-five pounds (25 lbs.) are permitted for trash, garbage, rubbish, debris, waste material or other refuse. Said containers must be tied or closed at all times and kept within a utility yard or other enclosure so the same is not open to view by the public or residents within the vicinity. Said containers can be placed, however, at street side for removal of refuse up to eight (8) hours prior to announced pickup time. Said containers must be returned to utility yard or enclosure within eight (8) hours after announced pickup time. - 18 - e 969 0752 . 800' ~'Gc SEMI.~Q~C COUNTY. FLQRIDA Section 7.11 Fences. No wire or chainlink fence shall be constructed or permitted on any Lot other than as may be approved by the ARB for recreational or other facilities located on the Common Properties. Section 7.12 No Carports. Except for Condominium Units, no carports shall be constructed or permitted. Section 7.13 No Wells. No water supply wells shall be constructed or permitted. ARTICLE VIII EXTERIOR MAINTENANCE Section 8.1 Exterior Maintenance. In addition to maintenance upon the Common Properties! the Association shall have the right to provide exterior maintenance upon any vacant lot or upon any improved lot, subject, however, to the following provisions: Prior to performing any maintenance on a vacant lot or improved lot the Association shall determine that said property is in need of repair or maintenance and is detracting from the overall appearance of The Properties and shall furnish thirty (30) days prior written notice to the Owner of such property at his last address listed in the Association's record (or if the vacant lot or improved lot is subject to the control of a local association other than the Association, such notice shall be given to such local association with a copy to the individual Owner) stating that unless certain specified repairs or mai~tenance are completed within said thirty (30) day period, the Association shall make said necessary repairs and charge the same to the local association or Owner as appropriate. Upon the failure of the Owner or local association to act within said period of time, the Association shall have the right to enter in or upon any such lot or to hire personnel to do so to make such necessary repairs or maintenance as specified in the written notice. In this connection, the Association may, but shall not be limited to painting, repairing, replacing and caring for roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, walks and other exterior improvements. Section 8.2 Assessment of Cost. The cost of any exterior maintenance accomplished pursuant to Section 8.1 shall be assessed against the Lot or Lots upon which such maintenance is done and shall be added to and become part of the annual maintenance assessment or charge to which the Living Unites) on - 19 - e 969 0753 e BOO~ PAGE SEMINOLE COUNTY FLORIDA such Lot(s) are or may become subject to Article V hereof and, as part of such annual assessment or charge, it shall be a lien and obligation of the Owner of such Living Unit(s) and shall become due and payable in all respects as provided in Article V hereof. ARTICLE IX PARTY WALLS Section 9.1 General Rules of Law to Apply. Each wall that is built as part of the original construction of any building upon The Properties and placed on the dividing line between Lots shall constitute a party wall, and to the extent not inconsistent with the provisions of this Article IX, the general rules of law regarding party walls and of liability for property damage due to negligent or willful acts or omissions shall apply thereto. Section 9.2 Sharing of Repair and Maintenance. The cost of reason- able repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. Section 9.3 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 may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the restoration thereof in proportion to such use without 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 negligent or willful acts or omissions. Section 9.4 Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. Section 9.5 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 arbitrators shall choose one additional arbitrator, and the decision of a majority of all the arbitrators shall be final and conclusive of the question involved, Section 9,6 Local Association Conflicts. Should any area within the Association form a local association such as a Condominium Association, any of the Sections contained in this Article IX which conflict with such local association's Declaration of Condominiums, shall be null and void and of no further force or effect as to such local association. - 20 - e e 969 0754 BOOK PAGE SEMINOLE COUNTY Fi.OR IDA ARTICLE X AMENDMENT Section 10.1 Consent Required. This declaration may be amended by obtaining the written consent of Members representing not less than two-thirds (2/3) of the total number of votes entitled to be cast by all Members, provided, however, that so long as it is a Member, the Developer may amend these covenants and restrictions without such vote for the purpose of curing any ambiguities or inconsistencies among or between the provisions contained herein and make any reasonable amendments thereto so long as such amendments conform to the general purposes and standards of the covenants and restrictions contained herein and so long as such amendments do not diminish or dilute the rights of the Members of the Association in any manner. ARTICLE XI GENERAL PROVISIONS Section 11.1 Duration. The covenants and restrictions of this 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 land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said covenants shall be automatica11y extended for successive periods of ten (10) years unless an instrument is signed by members representing not less than two-thirds (2/3) of the total number of votes entitled to be cast by all members has been recorded, agreeing to change said covenants and restrictions in whole or in part. Section 11.2 Notices. Any notice required to be sent under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the local association or person who appears as Member or Owner on the records of the Association at the time of such mailing. Section 11.3 Conflicts. Should any area within the Association form a local association such as a Condominium Association, any provisions herein which are in conflict with or violate the Florida Statutes relating to condominiums shall be null and void and of no further force or effect but only as to such local association. - 21 - e 9 69 0755 e 800\ paGE SEM1NGLl COUNTY FLORIDA Section 11.4 Enforcement, Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants; and failure by the Association or a?y Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter, Section 11,5 Severability, The invalidity, violation, abandonment or waiver of anyone or more of or any part of the covenants, restrictions ." or other provisions hereof, either as to all or any part of The Properties, shall not affect or impair such covenants, restrictions or other provisions hereof as to the remaining parts of The Properties and shall not affect or impair the remaining covenants, restrictions or other provisions hereof or parts thereof as to all The Properties. IN WITNESS WHEREOF, the parties hereto have c~used this Declaration to be executed and delivered as of the /. ,'t, _ day of L<. !......( L( <<. i 'f 19 73. - 22 - . 969 0756 e BOO~ rAG~ SEMINOLE COUNTY Fi.ORIDA Signed, sealed and delivered in the presence of: f3~~~{/d- FLORIDA LAND COMPANY BY'~ff;:;..t\'(S..t) , , ~~:'~~ . ......'. .,., .' '..' I~l'r fl.c~ ;J(( 'L iu:tt, Attest: Signed, sealed and delivered in the presence of: DEVELOPMENT ENTERPRISES. INCORPORATED /' -1 -0 F~:~'t " ({(iff l c/o'S ,,/ ( ( // ( ((<:.'i.....-... L_ '/ By: (SEAL) '+._r/! /' I " -r, ) 1 y'-{ ~""/ (/ ('. Attest: vice president// )~;;,.. ..' ~//>/ " /j/~/~ / //t~.>:/ ..L----!~. ':''''l_r Assistant seChe~., :GJ/ J-T. ,~-., (SEAL) - ~.:~?." " .5,: STATE OF FLORIDA , .' COUNTY OF ORANGE ! 7 )1 BEFO ME";)"persona}ly appeared ~~&M ...;(. ~tfJ <;;.l, and /~, l~ tJf", . i'/(iu.'T.. ;(}ff-<., to me .,well known and known to me to be the ./U :,lee.'? " resident n {t.ur Secretary respectively of FLORIDA LAND COMPANY and who executed the foregoing instrument and acknowledged before me that they executed the same on behalf of the corporation for the purposes therein expressed. my hand and official seal this ,.:{LJ tz( day of p. 00 (; /7; <.~ft{tl-C1' At ' d~.~ Notary Public , \.'~:- '., i . - 'f\.." (NOTARY SEAL) My Commission Expires: - f r'!"":ln elt taq?9 L I v.,,' ",,;:1 ~+l,'" J'.::j 17, !976 STATE OF FLORIDA COUNTY OF ORANGE BEFORE ME, personally appeared Bruce Devlin and Warren E. Williams , to me well known and known to me to be the Vice President and Assistant Secretary respectively of DEVELOPMENT ENTERPRISES, INCORPORATED and who executed the fore- going instrument and acknowledged before me that they executed the same on behalf of the corporation for the purposes therein expressed, "'. WITNESS my hand and official seal this \ i)'\~day of . ~--":\'\J..\CI.\\l\ , 19 'l) ':<:, " \ --< Cl:L\; ~~ ':.~ Notary Public \ r-.______~__ - .~ 't,Ll( '\ ~ .., ..4:.... .'.... ~i ..... / ^' \>),.' "":. C' (" ;. ~~ ,C.' , "'. " <;./ .,' .....:.~...; .... -.\11.'- (~?TARY SEAL) "\ .~ \ ~ My Commission Expires: '. . , 969 0757 , BOOK FAGE SEHINJLE COUNTY FLORIDA DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS EXHIBIT "A" ..I A tract of land lying in Blocks "c" and liD" of D. R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida; said tract being more particularly described as follows: Begin at the Southeast corner of lot 6, Block 16, of North Orlando Ranches Section 11, as recorded in plat Book 13, Page 23, of the Public Records of Seminole County, Florida; said point of beginning also being the Southwest corner of Lot 18, Block "c" of the aforesaid D. R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT and the Southwest corner of Oviedo Farms, as recorded in Plat Book 6, Page 86, of the 'Public Records of Seminole County, Florida; thence run Westerly along the North line of Block 16 of said North Orlando Ranches Section 11, and the South line of the said Oviedo Farms to an intersection with the Southwesterly right of way of State Road 419; thence run Southeasterly along the Southwesterly right of way of said State Road No. 419, to an intersection with the Southeasterly right of way of Edgemon Avenue, according to the plat thereof as recorded in Plat Book 13, Page 23, of the Public Records of Seminole County, Florida; thence run Southwesterly along the southeasterly right of way of Edgemon Avenue to an intersection with the Northeasterly right of way of North Third Street as recorded in North Orlando Fifth Addition, according to the plat thereof as re- corded in Plat Book 13, Page 78, of the Public Records of Seminole County, Florida; thence run Northwesterly on the Northwesterly extension of the Northeasterly right of way of said North Third Street, across Edgemon Avenue to an intersection with the Northwesterly right of way of said Edgemon Avenue; thence run North- easterly along the Northwesterly right of way of Edgemon Avenue as recorded in said Plat Book 13, Pages 78 and 23, to the Southerly corner of Lot 17, Block 18 of said North Orlando Ranches Section 11; thence run Northwesterly along the Southwesterly side of Block 18 of said North Orlando Ranches Section 11, to the Southeasterly corner of Block 19 of said North Orlando Ranches Section 11; thence run Southwesterly along the Southerly line of said Block 19, to the Southwest corner of said Block 19; thence run South- westerly to the Northwest corner of Lot 1, Block 3, of said North Orlando Fifth Addition, thence run Southerly and Southwesterly along the West line of Lot 1, Block 3, across North Third Street and along the Westerly lines of Lots 1 through 13 Block 2, of said North Page one of seven pages an.uding: 969 0758 . BOC~ F~GE SEHI;j;lLE COU'in FLQRIDA Orlando Fifth Addition, to the Northeasterly right of way of North First Street as recorded in North Orlando First Addition, according to the plat thereof as recorded in Plat Book 12, Page 24 of the Public Records of Seminole County, Florida; thence run Southwesterly across said North First Street, to the Northwest corner of Lot 1, Block 26, of said North Orlando First Addition; thence run Southwesterly along the Westerly lines of Lots 1 through 7, Block 26, of said North Orlando First Addition, to an intersection with the North line of Lot 2, Block 28, of North Orlando Eighth Addition according to the plat thereof as recorded in Plat Book 14, Page 9 of the Public Records of Seminole County, Florida; thence run Northwesterly and South- westerly along the North line of said Block 28, to the Northwest corner of Lot 6, Block 28; thence run Southerly along the West side of Block 28 along and across first Court and along the West side of Block 29 of said North Orlando Eighth Addition, to the Northerly right of way of State Road No; 434, also being Longwood-Oviedo Road; thence run Westerly along the Northerly right of way of State Road No. 434 to an intersection with the East line of Lot 56, Block "D" of the aforesaid D. R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT; thence run Northerly along the said East line of Lot 56, Block "D", to the Northeast corner of said Lot 56, Block "D"; thence run Westerly along the North line of said Lot 56, Block "D" a distance of 300.00 feet; thence run Southerly parallel with the East line of said Lot 56, Block "D" to an inter- section with the Northerly right of way of said State Road No. 434; thence run Northwesterly, Northeasterly, Northwesterly, Southwesterly and Northwesterly along the Northerly right of way of State Road 434, to an intersection with the East line of Lot 57, Block "D" of the aforesaid D. R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT, thence run Northerly along the East line of said Lot 57, Block "D", to the Northeast corner of said Lot 57; thence run westerly along the North line of Lot 57, Block "D" and the South line of Lot 15, Block "D" of the aforesaid D. R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT, to an intersection with the Northerly right of way of State Road No. 434; thence run North- westerly along the Northerly right of way of said State Road No. 434, to an intersection with the west line of the aforesaid Lot 15, Block "D", also being the east line of Lot 16, Block "D"; thence run Northeasterly along the East line of Lot 16, Block "D", and the east line of Lot 16, Block "c" to the Northeast corner of said Lot 16, Block "C", said point also being on the South line of Lot 21, Block "C"; thence run easterly along the South line of said Lot 21, Block "c" to the East line of said Lot 21, Block "C", also being the West line of North Orlando Ranches Section 13, according to the plat thereof as recorded in Plat Book 13, Page 40, of the Public Records of Seminole County, Florida; thence run Northerly along the East line of Lots 21 and 24, Block "c" of the aforesaid D. R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT; also being the West lines of North Orlando Ranches Section 13, as recorded in Plat Book 13, Page 40, and North Orlando Ranches Section 14, as recorded in Plat Book 13, Page 50 of the Public Records Page two of seven pages . 969 0'1511 and including: BO[IK rAGE SEMli'OL[ COU~TY FLORIDA of Seminole County, Florida, and the West line of Lot 23, Block "C", of said D. R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT, to an intersection with the North line of said MOSES E. LEVY GRANT; thence rUn northeasterly and Southeasterly along the Northerly line of said MOSES E. LEVY GRANT to the East line of Lot 19, Block "C", said D. R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT, and the West line of the said Oviedo Farms; thence run Southerly along the West line of said Oviedo Farms and the East lines of said Lot 19, Block "C", and the North Orlando Ranches Section 15, according to the plat thereof as recorded in Plat Book 13, Page 52 of the Public Records of Seminole County, Florida, the North Orlando Ranches Section 12, according to the Plat thereof as recorded in Plat Book 13, Page 25 of the Public Records of Seminole County, Florida, and the said North Orlando Ranches Section 11, to the Point of Beginning. All lying and being in the Village of North Orlando, Seminole County, Florida, and containing 553.41 acres more or less. Page three of seven pages Lw ,he '0 ll=ing deeo' "OP""'Y' 9 6 9 o. 80G~ PAGE SEMINOLE COUNTY FLORIDA NORTH ORLANDO HIGHLANDS GOLF COURSE PARCEL 4H; From the Southwest corner of North Orlando Ranches Section 13, as recorded in Plat Book 13, page 40, Public Records of Seminole County, Florida, run thence N. 12054'04" E. along the West line of said North Orlando Ranches Section 13 a distance of 383.37 feet; thence run S. 77005'56" E. 408.67 feet to the point of beginning; run thence N. 31025'46" E. 299.28 feet thence S. 73038' 09" E. 92.85 feet thence N. 51020'25" E. 128.06 feet thence N. 88021'48" E. 350.14 feet thence N. 55050'25" E. 338.38 feet thence N. 89004'33" E. 310.04 feet thence S. 49045'49" E. 170.29 feet thence S. 01019'56" W. 430.12 feet thence S. 15041'21" E. 706.32 feet thence S. 23049'27" E. 420.86 feet thence S. 23037'46" W. 87.32 feet thence S. 60011'43" W. 593.51 feet thence S. 31045 '34" W. 246.98 feet thence S. 15030'18" W. 804.27 feet thence S. 75044'09" W. 408.74 feet to the point of curvature of a curve concave Northeasterly, having a radius of 892.98 feet, a central angle of 18005'20" and a tangent bearing of N. 20056'51" W.; run thence Northwesterly along the arc of said curve 281.92 feet to the point of tangency; run thence N. $6044'45" E. 177.69 feet thence N. 13045'39" E. 973.86 feet thence N. 66056'19" E. 548.86 feet thence N. 10000'29" E. 172.63 feet thence N. 26005'08" W. 557.03 feet thence N. 03000'46" E. 550.47 feet thence N. 81052'12" W. 212.13 feet thence S. 37034'07" W. 492.04 feet thence S. 28016'45" W. 624.44 feet to the point of curvature of a curve concave Southwesterly, having a radius of 434.78 feet, a central angle of 07043'46", and a tangent bearing of N. 57019'09" W.; run thence Northwesterly along the arc of said curve 58.65 feet to the point of tangency; run thence N. 65002'55" W. 72.00 feet thence N. 60019'39" E. 83.41 feet thence N. 12029'25" E. 809.15 feet thence N. 69026'38" W. 85.44 feet thence S. 66048'05" W. 304.63 feet thence S. 87048'40" W. 1l0.23 feet to the point of beginning. LESS (From the Southwest corner of North Orlando Ranches Section 13, as recorded in Plat Book 13, page 40, Public Records of Seminole County, Florida, run thence N. 12054' 04" E. along the West line of said North Orlando Ranches Section 13, a distance of 383.37 feet; run thence S. 77005'56" E. 408.67 feet; run thence N. 31025'46" E. 257.86 feet to the point of beginning; thence continue N. 31025'46" E. 41.42 feet; run thence S. 73038'09" E. 100.80 feet thence N. 88021'48" E. 321.67 feet thence S. 81052'12" E. 542.34 feet thence N. 08007 '48" E. 257.28 feet thence N. 65001'44" E. 182.00 feet thence S. 49045'49" E. 44.06 feet thence S. 65001 '44" W. 178.81 feet thence S. 08007'48" W. 275.60 feet thence N. 81052' 12" W. 578.94 feet thence S. 88021'48" W. 324.56 feet thence N. 73038'09" W. 117.91 feet to the point of beginning.) Containing 35.1452 acres, more or less. Page four of seven pages ~ 9 6 9 \6 I And also less: BOO~ P~GE SEMINOLE COUNTY fLORIDA NORTH ORLANDO HIGHLANDS GOLF COURSE PARCEL in: From the Southwest corner of North Orlando Ranches Section 13, as recorded in Plat Book 13, page 40, Public Records of Seminole County, Florida, run thence N. 12054'04" E. along the West line of said North Orlando Ranches Section 13, a distance of 118.68 feet; thence run S. 89056'10" E. 310.52 feet to a point on a curve concave North- easterly, having a radius of 596.12 feet, a central angle of 74054'06", and a tangent bearing of S. 09051'11" W.; run thence Southeasterly along the arc of said curve 716.74 feet to the point of beginning; thence continue along the arc of said curve, 62.56 feet to the point of tangency; run thence S. 65002'55" E. 72.00 feet to the point of curvature of a curve concave Southwesterly, having a radius of 354.78 feet and a central angle of 05043'37"; run thence Southeasterly along the arc of said curve 35.46 feet to the point of tangency; run thence S. 10029'27" W. 441.65 feet thence S. 25046'10" W. 161.01 feet thence S. 62017'11" W. 892.37 feet thence S. 44005'26" E. 222.77 feet thence N. 77054'19" E. 214.77 feet thence S. 81024'59" E. 268.00 feet thence S. 46032' 53" E. 261.73 feet thence S. 12005'41" E. 143.18 feet thence N. 85011'58" E. 144.76 feet to the point of curvature of a curve concave Northeasterly, having a radius of 972.98 feet, a central angle of 16008'49" and a tangent bearing of ,S. 04048'02" E.; run thence Southeasterly along the arc of said curve 274.20 feet to the point of reverse curvature concave Westerly, having a radius of 830.23 feet, a central angle of 07004'14" and a tangent bearing of S. 20056'51" E.; run thence along the arc of said curve 102.45 feet to the point of tangency; run thence S. 57038'53" W. 89.70 feet thence S. 37011'05" W. 364.01 feet thence S. 40036' 05" E. 92.20 feet thence S. 32058'lO"W. 220.51 feet thence S. 01034'10" E. 365.14 feet thence S. 82040 '26" E. 140.95 feet to the point of curvature of a curve concave Southeasterly, having a radius of 1545.74 feet, a central angle of 08042'07" and a tangent bearing of S. 13025'31" W.; run thence along the arc of said curve 234.76 feet to the point of tangency; run thence S. 87014'54" w. 112.94 feet thence South 235.00 feet thence S. 14044'05" W. 360.30 feet to the Northeast corner of Lot 56, Block "D", D. Ro Mitchell"s Survey of Moses E. Levy Grant, as recorded in Plat Book 1, page 5, Public Records of Seminole County, Florida; run thence N. 89059'34" W. along the North line of said Lot 56, 300.00 feet; run thence S. 00049'13" E. 179.30 feet to a point on the North right of way line of State Road No. S-434 (Longwood Wagner Road); run thence the following courses along said North right of way line; thence N. 82053' 31" W. 220.74 feet thence N. 07006'29" E. 10.00 feet thence N. 82053'31" W. 200.06 feet thence S. 07006'29" W. 10.00 feet thence N. 82053'31" W. 286.90 feet to a point on the East line of Lot 57, Block "D" of said D. R. Mitchell's Survey of the Moses E. Levy Grant; thence leaving said road right of way line, run N. 00049'13" W. along the East line of said Lot 57, 91.80 feet to the Northeast corner of the aforesaid Lot 57; run thence N. 89059'34" W. along the North line of said Lot 57 a distance of 735.75 feet to a point on the aforesaid North right of way line of State Road No. S-434; run thence N. 82053'31" W. along said North right of way line 614.65 feet to a point on the West line of Lot 15, Block "D", said D. R. Mitchell's Survey of Moses E. Levy Grant; thence leaving said North right of way line of State Road No. S-434; run thence N. 11049'30" E. along the aforesaid West line of Lot 15, 1976.51 feet; run thence N. 86053'33" E. 669.49 feet to a point on the East line of a 175 foot wide Florida Corporation Easement, as recorded in O. R. Book 353, page 51, Public Records of Seminole County, Florida, run thence N. 03006'27" W. along the East line of said easement, 2056.41 feet; run Page five of seven pages and also less: '- 9.& 0762 308;\. . :~'t.G~ SHmIO~.E COU~1Y FLORIDA thence S. 89056'10" E. 975.99 feet thence S. 00027'30" W. 365.97 feet thence S. 21030'43" E. 261.09 feet thence S. 39024'55" W. 389.75 feet thence S. 25010'25" W. 200.00 feet thence S. 30057'50" E. 116.62 feet thence N. 83017'25" E. 171.17 feet thence N. 450 E. 438.41 feet thence N. 23011'55" E. 304.63 feet thence N. 38017'22" E. 223.59 feet to the point of beginning. ,. LESS (From the Southwest corner of North Orlando Ranches Section 13, as recorded in plat Book 13, page 40, Public Records of Seminole County, Florida; run thence along a projection on the West line of said North Orlando Ranches Section 13, S. 12054'04" W. 147.05 feet; thence West 188.07 feet to the point of beginning, run thence S. 01047'24" E. 160.08 feet thence S. 48056'43" E. 205.55 feet thence S. 30027'56"W. 98.62 feet thence N. 77054'19" W. 71.59 feet thence S. 13045'39" W. 252.24 feet thence S. 41059'14" E. 67.27 feet thence S. 13037'37" W. 339.56 feet thence S. 48021'59" W. 60.21 feet thence S. 29044'42" W. 80.62 feet thence S. 08044'46" W. 65.76 feet thence S. 20033'22"W. 85.44 feet thence S. 06042'35"W. 85.59 feet thence S. 69026'38" E. 42.72 feet thence N. 40014'11" E. 170.29 feet thence N. 13014'26" E. 87.32 feet thence N. 66002'15" E. 49.24 feet thence S. 29021'28" E. 91.79 feet thence N. 85014'11" E. 120.42 feet thence S. 18026'06" E. 31.62 feet thence S. 49045'49" W. 340.59 feet thence N. 67022'48" W. 65.00 feet thence S. 50011'40" W. 117.15 feet thence S. 23011'55" W. 76.16 feet thence S. 33041'24" W. 72.11 feet thence S. 15056'43" W. 72.80 feet thence S. 33041'24" E. 108.17 feet thence South 30.00 feet thence S. 450 E. 28.28 feet thence N. 51020'25" E. 64.03 feet thence East 60.00 feet thence S. 21048'05" E. 53.85 feet thence N. 84017'22" E. 100.50 feet thence S. 21048 '05" E. 107.70 feet thence S. 71033'54" E. 94.87 feet thence N. 56018'36" E. 144.22 feet thence N. 24046'31" E. 71.59 feet thence N. 37034'07" W. 82.01 feet thence N. 38039'35" E. 96.05 feet thence S. 40036'05" E. 184.39 feet thence N. 88034'04" E. 200.06 feet thence S. 56030'17" E. 407.71 feet thence S. 02023'09" E. 240.21 feet thence S. 68044'58" E. 96.57 feet thence S. 37011'05" W. 364.01 feet thence S. 63026'06" W. 134.16 feet thence N. 33041'30"W. 126.19 feet thence N. 54043'39" W. 251.10 feet thence N. 39048'20" W. 195.26 feet thence N. 15015'18" W. 114.02 feet Page six of seven pages . ~ Page seven of seven pages I 969 0764 . BOOK PAGE SEMINOLE COUNTY FLORIDA DECRALATION OF COVENANTS, CONDITIONS AND RESTRICTIONS EXHIBIT "B" Il< APARTMENT SITE NO. FOUR: From the Southwest corner of North Orlando Ranches Section 13, as recorded in Plat Book 13, page 40, Public Records of Seminole County, Florida, run thence N. 12054'04" E. along the West line of said North Orlando Ranches Section 13, a distance of 383.37 feet; thence run S. 77005'56" E. 408.67 feet to the point of curvature of a curve concave Northeasterly, having a radius of 516.12 feet, a tangent of 578.04 feet, a central angle of 96028'41" and a tangent bearing of S. 31025'46" W.; run thence Southerly along the arc of said curve a distance of 869.07 feet to the point of tangency; run thence S. 65002'55" E. 72.00 feet to the point of curvature of a curve concave Southwesterly, having a radius of 434.78 feet and a central angle of 25028'44"; run thence Southeasterly along the arc of said curve 193.34 feet to the point of beginning; run thence N. 41030'00" E. 503.23 feet; run thence S. 72038'21" E. 468.18 feet; run thence S. 26005'08" E. 321.00 feet; run thence S. 10000'29" W. 172.63 feet; run thence S. 66056'19" W. 548.86 feet; run thence S. 13045'39" W. 973.86 feet; run thence S. 86044'45" W. 177.69 feet to the point of curvature of a curve concave Easterly having a radius of 892.98 feet, a central angle of 22014'35" and a tangent bearing of N. 02051'31" W.; run thence Northerly along the arc of said curve 346.67 feet to the point of tangency; run thence N. 19023'04" E. 302.26 feet to the point of curvature of a curve concave Westerly having a radius of 806.13 feet and a central angle of 56000'18"; run thence Northerly along the arc of said curve 787.97 feet to the point of a compound curve concave Southwesterly having a radius of 434.78 feet and a central angle of 02056'57"; run thence Northwesterly along the arc of said curve a distance of 22.38 feet to the point of beginning. All of the above described being in Seminole County, Florida, containing 15.8040 acres, more or less. 01 AND, APARTMENT SITE NO. FIVE: Beginning at the Northeast corner of Lot 56, Block "D", D. R. Mitchell's Survey of Levy Grant, as recorded in Plat Book 1, page 5, Public Records of Seminole County, Florida, run thence S. 0049'13" E. along the East side of said Lot 56 a distance of 210.36 feet to a point on a curve on the Northerly right-of-way line of State Road No. S-434, concave Northerly, with a tangent bearing of S. 86041'21" E., a tangent of 42.72 feet, a radius of 2870.65 feet and a central angle of 1042'19"; run thence Easterly along the arc of said curve and said right-of-way line a distance of 85.44 feet to the point of tangencz; run thence S. 88023'40" E. 91.24 feet; thence leaving said right-of-way line N. 01 36'20" E. 721.75 feet to the point of curvature of a curve concave Easterly with a radius of 1545.74 feet, a central angle of 3007'04", and a tangent of 42.07 feet; run thence Northerly along the arc of said curve a distance of 84.11 feet to the point of tangency; thence S. 87014'54" W. 112.94 feet; run thenceSouth 235.00 feet; thence S. 14044'05" W. 360.30 feet to the point of beginning, containing 2.6320 :l:. acres. .. . 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