Loading...
HomeMy WebLinkAboutMohawk Village r?i-' ~iX 1, 2. 10. '{ '~~'/';'~ !~ RE9UI~~TS~ COVENANTS ~ RESTRICIONS 3. 4. Each mobila home unit ..at have a porch or dack. Construction may be I:il'n""IlL~J alum.:1nWII ()f,~r..w~tll cU..-naioDs ..~iiLiUiD of'lO' x 14'. Every ~.ua bQ. tal;L,t,.t be a ~.. of 24' w~. New X'M1_~' ...t be a.JWDum of 16 years of a~. except in tbe f.l4Illily l:iCdioll. Each mobile hoIw UiU.t_t lwtve a carport with cOD;ct~e base bu.ilt to dl.y apec1fi"t~. Each mobile hor. ~nit -...t have sir-colUiit1aning and skirting approv~d 1.0 cily I aP41c1f1C4ttiou . s. 6. All mobilu haM porchu... duck.. uno IIIUPt..1c tUllktl IIlI,Ullt btJ plll'dhuwJ .lull Iw....II.." by Indian Wood. of Wintur Sprin~.. or it.. a.ut1~l\liu. in ardur to 1~.W:e UllJ fllClul ty ot q...aJ,1tyMd to ..t p.k atand.rdap.c1Ucationa. All lota IIN8t ba landaupad and kept neat. Indian Woods provides a maximum 0 f five (5) P4l1ets of ao4 (.01' the front ot .ach lot. S1d.~a and back IllUlilt. be lAD4a~ b,Y w..... Fencing is permitted in the rear of the mobile home lot only. starting fwm L1ll' back of tblit mobile home. Chain-link and full-rail are the only typeli pt~ rmi SH i hl~. A privacy f.DCe is permitted on the back perimeter only. Fencing plans mwil h~' submitted ~.. ~ 4E'c;b.if.fM:tl.lral collUlitt4la for approval prior to coxwtructiulI or plac....~ . . 7. 8. 9. Any addidon to the standard mobile home package of unit and porch must he submitted totj)e architectural committee for approval prior to construction Qr Pl&~"". l1Io ftae ateodil\& build1.nga are permitted. A cable TV .ystam is anticipated throughout the park. No mandatory ~~ uj sallie will be ~'4~~' ~"l', outside antennas are 1\ot permitted. 11. No signa of any nat\lra IllaY be placed on or about tbe demil:ied prllWlilicti Witlllllll t.... W1'1c.~ ~t of .....101'. or tbe Aiaoclation." '-~-"'-""'-"_..~l~~ .""""t-........................ .-..,.. 12~' The deua1aed premise a ahell be kept irCa neatand'cleao condifioo""iM"al'F'U(ilft'T..r;""'''' . garbqe and r.fuM eball be removed promptly by Leasee at Lessee' Ii coat' ~md l..~xpt:rl~tl. Failure of La..... to u..diately cOlllply with this prov:l.sion w~.nP'ltif~~ I:lhuJ 1'. ent:&. U. 1_191' to do MoO...... Leaa.a'. cost and e~pensa ..~~;,~. 13. The demiaed pre.isaa uy be used for residental purposes /.iole1)' and no C:V'!lllldd<.!;l use whataoever shall bell8de thereof. provided however::. that Le61sar may authur i:f.l.~ the utilization of other locations and areaa in Indian Woods of Winter Springn for, call1Dercial purposes, including the display and &ale of mobile homes and allY uthcr~.. collll8rcial purpoee. that ~aor may ....c.bodze in cowp1.iance w~"th requirements of' the City of W1D~r Sp;r\Ril. """ro' . '\ 14. No build1n&a, structures or improvements shall be placed upon ttw dl.'lllita.d l'n.uti :;t':; other than C01lvaat.1onalllObUe homes which must be appropriately skirtcJ pr illr III taking occupancy. All mobile homes Illuat have modern. sanitary, .~i1t-in pJ.wllbin~ f ixtw:.a .., c.. CWJ.~ and usu.al app\ll' tenancea. 15. No animale .hall be kept Or maintained on or about the demll:wJ J>r~llliSl~S tll ht'J- Ihall .. .cust01lWU"Y bq~W ptatf. 411 pets ."J,1 be kept on Ii leash wbecn Quts1.oc R1uhi 1\.. ho.. '.. " 16. The demiead premiaes ahall be used in a proper and safe lnanner. 1n CUllIp l ii.lnCl~ wi th 41.1 appl;l.~~ rw.aa.. rei\4lations alld ordinances of Winter ::lprin~. nur ill.l. ~. 17. Any other rilles. regulations and restrictions prolDulagated by the ASIiOcii.ltiulI frolll time to tu. wh:1c::.b -bA+l bo posted in a consp:LcJ,loWJ location &.t: l.nd:l.an Wooos 0 r W1~tar Spt~. 18. Any park. r",lea iovern.ed by city ordi~cea could bo affe.ct-=d by. chauocs ill ~. i I Y ~r4~naac.. fr_ u... to t.. 19. Any park r~,*.1 _y M wr;1ed from t~ c;o. time by lMaor. ; I f ~ ~:, ... lC'.n "i'., tr I}') ji VilL -f!.. -.. . /" .,;{'.".,. /' /JIl 0 /1 BYLAWS-="~~ OF MOHAWK VILLAGE OF WINTER SPRINGS HOMEOWNERS' ASSOCIATION, INC. ARTICLE I NAME AND LOCATION The name of the corporation is MOHAWK VILLAGE OF WINTER SPRINGS HOMEOWNERS' ASSOCIATION, INC., hereinafter referred to as the "Association". The principal office of the corpo- ration shall be 2250 Winterwood Boulevard, Winter Park, Florida 32792, but meetings of members and directors may be held at such places within the State of Florida, as may be designated by the Board of Directors. ARTICLE II DEFINITIONS Section 1. "Association" shall meanand.refer to MOHAWK VILLAGE OF WINTER SPRINGS HOMEOWNERS' ASSOCIATIQN, INC., its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property described in the Declaration of Cove- '" nants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the " Association. Section 3. "Common Area" shall mean all real property maintained by the Association for the common use and enjoyment of the lessees. Section 4. ItLot" shall mean and refer to each mobile home location shown upon the unrecorded plat of each section of MOHAWK VILLAGE OF WINTER SPRINGS. Section 5. "Lessee" shall mean and refer to the record lessee, whether one or more persons or entities, of any lot which is a part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. .~ ... c;"-"'-: ~_",_:,,^,"e" i'.:.~L~7;S~::4:t ,; '~'--',,;";._~;""~"'.,,\";'; " " e 1'..( J e " Section 6. "Declarant" shall mean and refer to WINTER SPRINGS MOBILE HOME CORPORATION, its successors and assigns. Section 7. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions appli- cable to the properties. Section 8. "Member" shall mean and refer to those per- sons entitled to membership as provided in the Declaration. ARTICLE III l-1EETING OF MEHBERS Section 1. Annual Meetings. The first annual meeting of the members shall be held within one (1) year from the date of incorporation of. the Association, and each subsequent regular annual meeting of the members shall be held on the same day of the same month of each year thereafter, at the hour of 7:30 o'clock p.m. If the day for the annual meet- ing of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. Section 2. Special Meetings. Special meetings of the members may be called at any time by the president or by r the Board of Directors, or upon written request of the mem- bers who are entitled to vote one-fourth (1/4) of all of the votes of the Class A membership. Section 3. Notice of Meetings. Written notice of each meeting of the members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least fifteen (15) days before such meeting to each member entitled to vote thereat, addressed to the member's address last appear- ing on the books of the Association, or supplied by such member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. -2- . .. ~ .' " e " , e Section 4. Quorum. The presence at the meeting of members enti tIed to cast, or of proxies enti.. tIed to cast, one-tenth (1/10) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Arti- cles of Incorporation, the Declaration, or these Bylaws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. Section 5. Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon termination of an individual lot. ARTICLE IV BOARD OF DIRECTORS: SELECTION: TEID1 OF OFFICE Section 1. Number. The affairs of this Association shall be managed by a Board of nine (9) directors, who must be members of the Association. Section 2. Term of Office. At the Iirst annual meeting the members shall elect three directors for a term of one year, three directors for a term of two years and"three directors for a term of three years; and at each annual meeting there- after the members shall elect three directors for a term of three years. Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resigna- tion or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. -3- .... ~.:' -,. ....-...,.~,f;;.c;,;,5.:.::.. e e section 4~ Compensation. No director shall receive com- pensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties. Section 5. Action Taken Without a Meeting. The directors shall have the right to take any action in hhe absence of a meeting which they could take at a meeting by obtaining the written approval of all of the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. ARTICLE V NOMINATION AND ELECTION OF DIRECTORS section 1. Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Moniations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chair- man, who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the ~ close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at ..each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the privisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. -4- : e e ARTICLE VI MEETINGS OF DIRECTORS Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held monthly without notice, at such place and hour as may be fixed from time to time by re- solution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days notice to each director. Section 3. Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the di- rectors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE VII POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. Powers. The Board of Directors shall have power to: A. Adopt and publish rules and regulations governing the use of the common ~rea and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof; B. Suspend the voting rights and right to use of the recreational facilities of a member during any period in which such member shall be in default in the payment cr any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed sixty (GO) days for infraction of published rules and regulations; -5- .. . ,'. , ", e ~, e C. Exercise for the Association all powers, duties and authority vested in or delegated to this Association, and not reserved to the membership, by other provisions of these bylaws, the Articles of Incorporation or the Declara- tion. D. Declare the office of a member of: the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and E. Employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties. Section 2. Duties. It shall be the duty of the Board of Directors to: A. Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the mem- bers, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the Class A members who are entitled to vote; B. Supervise all officers, agents and employees of this Association, and to see that their duties are properly performed; C. As more fully provided in the Declaration, to: (1) Fix the amount of the annual assessment against each lot at least thirty (30) days in ad- vance of each annual assessment period; (2) Send written notice of each assessment to every lessee subject thereto at least thirty (30) days in advance of each annual assessment period; and (3) Foreclose the lien against any mobile home and lease for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the lessee personally obligated to pay the same. -6- '. e e D. Issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board of Directors for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; E. Procure and maintain adequate liability and hazard insurance on property maintained by the Association; F. Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; G. Cause the common area to be maintained. ARTICLE VIII OFFICERS AND THEIR DUTIES Section 1. Enumeration of Offices. The offices of this Association shall be a president and vice president, who shall at all times be members of the Board of Directors, a secretary and a treasurer, and such other officers as the Board of Di- rectors may from time to time by resolution create. Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members. Section 3. Term. The officers of this Association sha1.l be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve. section 4.. Special Appointments. The Board may elect such other officers as the affairs of the Association may re- quire, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time giving written notice to the -7- " .... .-", ' e . . e Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessaryto~ke it effective. Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces. Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of ahy of the other offices except in the case of special offices created pursuant to Section 4 of this Article. Section 8. Duties. The duties of the officers are as follows: President A. The president shall preside at all meetings of the Board of Directors; shall see that orders and re- solutions of the Board are carried out; shall sign all v leases, mortgages, deeds and other written instruments and shall co-sign all checks and other written instruments and shall co-sign all checks and promissory notes. Vice President B. The vice president shall act in the place and stead of the president in the event of his absence, in- ability or refusal to act, and shall exercise and dis- charge such other duties as may be required of him by the Board. Secretary c. The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Asso- ciation and affix it on all papers requiring said seal; '-8- e e serve notice of meetings of the Board and of the members; keep appropriate current record.s showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board. Treasurer D. The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the members. ARTICLE IX COMJIHTTEES The Association shall appoint an Architectural Control Committee, as provided in the Declaration,vand a Nominating Committee, as provided in these bylaws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose. ARTICLE X BOOKS AND RECORDS The books, records and papers of the~ssociation shall at all times, during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles of Incorporation and the bylaws of the Association shall be available for inspection by any member at the principal office of the Association, where copies may be purchased at reasonable cost. -9- a ... " -..:. -. .." e e ARTICLE XI ASSESSMENTS As more fully provided in the Declaration, each member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the leasehold interest and mobile home against which_the assess- ment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of six percent (6%) per annum, and the Association may bring an action at law against the lessee personally obligated to pay the same or foreclose the lien against the leasehold interest and mobile home and interest, costs and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No lessee may waiver or otherwise escape liability for the assessments provided for herein by nonuse of the common area or abandonment of his lot. ARTICLE XII CORPORATE SEAL The Association shall have a seal invcircular form having within its circumference the words: MOHAWK VILLAGE OF WINTER SPRINGS HOMEOWNERS' ASSOCIATION, INC., Corporate Seal, 1980. , ," e e .. (.' .. 1". first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation. IN WITNESS WHEREOF, we, being all of the directors of MOHAWK VILLAGE OF WINTER SPRINGS HOMEOWNERS' ASSOCIATION, INC., have hereunto set our hands this day of , 1980. CERTIFICATION I, the undersigned, do hereby certify: THAT I am the duly elected and acting secretary of MOHAWK VILLAGE OF WINTER SPRINGS HOMEOWNERS' ASSOCIATION, INC., a Florida non-profit corporation, a~d THAT the foregoing bylaws constitute the original bylaws of said Association, as duly adopted at a meeting of the Board of Directors thereof, held on the day of , 19 IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed the seal of said Association this day of , 19 . Secretary ..' ... ... -11- . r ~ I, " "'! t..., e e DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made on the date hereinafter set forth by WINTER SPRINGS MOBILE HOME CORPORATION, hereinafter referred to as "Declarant". WIT N E SSE T H : WHEREAS, Declarant is the owner of certain property in Winter Springs, County of Seminole, State of Florida, which is more particularly described as: See Exhibit "A" which is attached hereto and made a part hereof. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, and leased sub- ject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real pro- perty and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each lessee thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to MOHA~vK VILLAGE OF WINTER SPRINGS HOMEOWNERS' ASSOCIATION, INC., its successors and assigns. Section 2. "Lessee" shall mean and refer to the record lessee, whether one or more persons or entities, of any lot which is a part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property hereinbefore described, and such addi- tionsthereto as may hereafter be brought within the juris- diction of the Association. ~ . \\ . - e Section 4. "Common 'Area" shall mean all real property (including the improvements thereto) maintained by the Associ- ation for the common use and enjoyment of the lessees. The common area to be maintained by the Association at the time of the lease of the first lot is described as follows: See Exhibit "B" which is attached hereto and made a part hereof. Section 5. "Lot" shall mean and refer to each mobile home location shown upon the unrecorded plat of section of MOHAWK VILLAGE OF WINTER SPRINGS. Section 6. "Declarant" shall mean and refer to WINTER SPRINGS MOBILE HOME CORPORATION, its successors and assigns. ARTICLE II PROPERTY RIGHTS Section 1. Lessees' Easements of Enjoyment. Every .lessee shall have a right and easement of enjoyment in and to the common area which shall be appurtenant to and shall pass with the lease to every lot, subject to the following provisions: A. The right of the Association to charge rea- sonable admission and other fees for the use of any recreational facility situated upon the~common area; B. The right of the Association"to suspend the voting rights and right to use of the recreational facilities by a lessee for any period during which an assessment against his lease and mobile home remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations; C. The right of the Declarant to dedicate or transfer all or any part of the common area to any public agency, authority, or utility for such purposes and subject to such conditions it deems necessary for the development of the properties. -2- " ,. \~ e e Section 2. Delegation of Use.. Any lessee may delegate, in accordance with the bylaws, his right of enjoyment to the common area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1. Every lessee of a lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from lessee's leasehold interest in his sub- ject lot. Section.2. The Association shall have two classes of voting membership: Class A. Class A members shall be all lessees with the exception of the Declarant, and shall be en- titled to one vote for each lot leased. When more than one person holds an interest in any lot, all such per- sons shall be members. The vote for such lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot. Class B. The Class B member(s) shall be the Decla- rant and shall be entitled to three (3) votes for each lot owned. The Class B membership sha~l cease and be converted to Class A membership when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership. ARTICLE IV COVENANTS FOR MAINTENANCE ASSESS~1ENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each lot leased within the properties, hereby covenants, and each lessee of any lot by -3- , ,'.""""'~ ,~...",.,,". ,. -.-..>:.t>..;.'O:~.:'"",,~,; . - .... "'-' .. .. '.- '. ...",'., ",.,,' " ", ......'...:..-......."- ~...~---,-"~;.~.'.:~.::_,~;-1-~~{~\~-fi~~~~f.~~~~ I . '. e e acceptance of a lease therefor, whether or not it shall be so expressed in such lease, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the lessee's mobile home and leasehold interest and shall be a continuing lien upon both aforesaid property against which each such assessment is made. Each such assess- ment, together with interest, costs and reasonable at~orney's fees, shall also be the personal obligation of the person who is the lessee of such lot at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to pro- mote the recreation, health, safety and welfare of the re- sidents in the properties, for the improvement and maintenance of the common area, to pay a prorata share of the State, County and Municipal ad valorem taxes assess~d against the properties, and to pay utility costs attributable to lessee's lot. Section 3. Maximum Annual Assessment. Until January 1, of the year immediately following the lease of the first lot to a lessee~ the maximum annual assessment shall be Dollars ($ ) per lot. A. From and after Jnauary 1 of the year immediately following the lease of the first lot to a lessee, the maximum annual assessment may be increased each year not more than ten percent (10%) above the maximum assessment for the previous year without a vote of the membership. ;. ;. -4- e e B. From and after January 1 of the year immediately following the lease of the first lot to a lessee, the maximum annual assessment may pe increased above ten per- cent (10%) by a vote of two-thirds (2/3) of each class of members who are voting in person or by p~oxy, at a meeting duly called for this purpose. C. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assess- ment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruc- tion, repair or replacement of a capital improvement upon the common area, including fixtures and personal property re- lating thereto, providing that any such_ assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section .3 or 4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first meeting called, the presence of members or of proxies entitled to cast sixty percent, (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the re- quired quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the pre- ceding meeting. -5- " e e Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis. Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all lots on the first day of the month follow- ing the lease of the first lot to a lessee. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every lessee subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificcite signed by an officer of the Association setting forth whether the assessments on a specified lot have been paid. A properly executed certificate of the Association as to the status of assessments on a lot is binding upon the Association as of the date of its issuance. Section 8. Effect of Nonpayment of Assessments: Reme- dies of the Association. Any assessment not paid within thirty (30) days after the due date shall ~ear interest from the due date at the rate of six percent (6%) per annum. The Association may bring an action at law against the lessee personally obligated to pay the same, or foreclose the lien against the lessee's mobile home and leasehold interest. No lessee may waive or otherwise escape liability for the assessments provided for herein by non-use of the common area or abandonment of his lot. ARTICLE V ARCHITECTUAL CONTROL No building, fence, wall or obher structure shall be commenced, erected or maintained upon the properties, nor -6- -- - -;-.-:~------ .' ',~ e e shall any exterior addition or or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been sub- mitted to it, approval will not be required and this Article will be deemed to have been fully complied with. ARTICLE VI GENERAL PROVISIONS Section 1. Enforcement. The Association, or any lessee shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reserva- tions, liens and charges now or hereafter imposed by the pro- visions of this Declaration. Failure by the Association or by any lessee to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. ~ . Section 2. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically ex- tended for successive periods of ten (10) years. This De- claration may be amended during the first twenty (20) year .. .. -7- ..., .. . , . . " " t.' e . . - period by an instrument signed by not less than ninety per- cent (90%) of the lot lessees and Declarant, and thereafter by an instrument signed by not less than seventy-five per- cent (75%) of the lot lessees. Any amendment must be recorded. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of , 1980. WINTER SPRINGS MOBILE HOME CORPORATION STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me,' an officer dUly authorized in the State and County aforesaid to take ac- knowledgments personally appeared CHRISTOPHER LEE TANNER, well known to me to be the Pres~dent of WINTER SPRINGS MOBILE HOME CORPORATION, and that he acknowledged executing the foregoing instrument in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by':said ~ o. corporation and that the seal thereto affixed is the true corporate seal of said corporation. WITNESS my hand and official seal in the county and day of , 1980. State last aforesaid this Notary Public My Commission Expires: -8- . . . .:..~ -~ \ . .' - . . ~ e . , . ARTICLES OF INCORPORATION OF MOHAWK VILLAGE OF WINTER SPRINGS HO~lEmvNERS' ASSOCIATION, INC. a Non-Profit Corporation ARTICLE I NAME AND LOCATION The name of the corporation is Mohawk Village of Winter Springs Homeowners' Association, Inc., and the principal office of the corporation shall be 2250 Winterwood Boulevard, Winter Park, Florida 32792. ARTICLE II PURPOSES Section 1. The purposes for which this corporation is form are as follows: A. To perform all of the acts and duties necessary to perpetually maintain, repair, improve, police and secure'for the common welfare, all of the real property platted as pri- vate streets on the unrecorded plat of each section of Mohawk Village of Winter Springs, as well as to perform similar acts and duties with respect to landscaped areas'",. entranceways, walks, recreation areas and all commonly used facilities. B. To do such other things as is deemed necessary or desirable for the benefit of the lessees of the dwelling units and lots in the platted section of Mohawk Village of Winter Springs including promulgation of uniform and reasonable rules, regulations and policies for the conduct of members in respect to their occupancy and use of individual mobile home sites as well as the common eLements. c. To establish and collect annual and special-assess- ments from the members of this corporation for the purpose of ... ~-~--- e - providing funds to maintain, repair, improve and police the aforedescribed private streets and other areas designated in Paragraph A above, and to pay the real property taxes assessed and levied against said private streets and other said real . property areas, and for providing funds to do such other things as the corporation deems necessary or desirable .for the benefit of the lessees of the individual mobile home locations in the various platted sections of Mohawk Village of Winter Springs. Section 2. To accomplish the foregoing purposes, the corporation shall have all of the corporate powers permitted under the laws of Florida to be exercised by non-profit corporations. Section 3. The corporation shall indemnify every di- rector or officer, his heirs, executors andadministratorsr against all loss, costs and expense, including counsel fees, reasonably incurred by him in connection with any action, suit or proceeding to which he may be made a party by reason of his being or having been a director or officer of the corporation, except as to matters as to which he shall be finally adjudged in such action, suit or proceeding to be liable for gross negligence or willful misconduct. In the event of a settlement, indemnification shall be provided only in connection with such matters covered by the settlement as to which the corporation is advised by counsel that the person to be indemnified has not been guilty of gross negli- gence or willful misconduct in the performance of his duty as such director or officer in relation to the performance of his duty as such director or officer in relation to:Lhe matter involved. The foregoing rights shall not be exclusive of other rights to which such director or officer may be entitled. All liability, loss, damage, costs and expense incurred or suffered by the corporation by reason or arising out of or in connection with the foregoing indemnification -2- ..,,' I.. _....:'.~ 1 J 1 .~ 1 J j . . - , e e provisions shall be treated and handled by the corporation as common expenses; provided, however, that nothing shall be deemed to obligate the corporation to indemnify any member or lessee of an individual lot, who is or has been a director or officer of the corporation, with respect to any duties or obligations assumed or liabilities assumed or liabilities incurred by him as a member or lessee of an individual lot. ARTICLE III QUALIFICATIONS OF MEMBERS AND MANNER OF THEIR ADMISSION All persons owning a mobile home and a lease to any of the individual mobile home locations depicted on the unre- corded plat of each section of Mohawk Village of Winter Springs shall automatically be members of this corporation and their membership shall automatically terminate when they no longer own their mobile home or lease. ARTICLE IV TERM OF EXISTENCE This corporation shall have perpetual existence. ARTICLE V NAMES AND RESIDENCES OF SUBSCRIBERS The names and residences of the subscribers are as follmvs: NAME RESIDENCE Christopher Lee Tanner 600 Spring Valley Drive. Altamonte Springs, Florida 32701 Jeffrey M. Tanner 600 Spring Valley Drive Altamonte Springs, Florida 32701 Gary A. Tanner 600 Spring Valley Drive Altamonte Springs, Florida 32701 -3- - e ARTICLE VI MANAGEMENT AND TIME OF ELECTION The control and management of this corporation and its affairs and property shall be vested in a board of directors, each of whom shall be members of the corporation, except as set forth in the bylaws of this corporation, and each of whom shall be elected and governed according to the bylaws of this corporation. ARTICLE VII NAMES OF OFFICERS The names of the officers who shall serve until the first election to be held at the first annual meeting of the Board of Directors are as follows: NAME TITLE Christopher Lee Tanner President Jeffrey M. Tanner Vice President Gary M. Tanner Secretary-Treasurer ARTICLE VIII NAMES OF DIRECTORS The following three (3) persons shall constitute the membership of the first Board of Directors who shall serve until the first election of members of the Board of Directors at the first annual meeting of the members~ . Christopher Lee Tanner Jeffrey M. Tanner Gary M. Tanner ARTICLE IX BYLAWS The bylaws of this corporation shall be adopted by the initial Board of Directors at the organizational meeting of the corporation and thereafter may not be deleted or modified, but may be supplemented when in the opinion of a majority of the Board of Directors at a regular or special meeting such supplementation is deemed necessary. All questions of inter- pretation of the bylaws shall be decided by the Board of ., . Directors. -4- ~----- .. ~. ~ e e ARTICLE X AMENDMENT OF ARTICLES OF INCORPORATION These Articles of Incorporation as initially adopted and approved may not be deleted or modified in any manner but may be supplemented according to the following procedure. Any twenty-five (25) members of the corporation may propose supplements to the Articles of Incorporation by a written proposal signed by such number of members submitted to the Board of Directors, provided, however, a majority of the members of the Board of Directors in attendance at a meeting shall be necessary to adopt such proposed supplements. The Board of Directors shall vote upon such proposed supplements at either the annual meeting of directors or at a special meeting of directors called and held in accordance with the bylaws. IN WITNESS WHEREOF, the subscribers to these Articles of Incorporation of this non-profit corporation have set their hands and seals on the , 1980. STATE OF FLORIDA COUNTY OF ORANGE BEFORE ME, a Notary Public, in and for the State of Florida at large, personally appeared CHRISTOPHER LEE TANNER, JEFFREY M. TANNER and GARY A. TANNER, each to me personally well known to be the person who executed the foregoing Arti- cles of Incorporation of MOHAWK VILLAGE OF WINTER SPRINGS HOMEOWNERS' ASSOCIATION, INC., a non-profit corporation, each of whom severally acknowledged before me that he execute4 the same for the purposes therein expressed. -5- j - ',. .- ~ " e ..- 0:.. e WITNESS my hand and official 1 f . . 1) crt -t:tl...> County ast a oresald thlS ~ I ..' ~ ~_':":s. .;. seal in the State and day of . [{ll3w.;:L , 1980. Notar My Co NOTARY PUBLIC. STATE OF FLORIDA MY COMMISSION EXPIRES MARCH t6~t~i:RGE '" . -6- r I i i I I i ~ . e ORANGE COUNTYoR,^NDo FLORIDA FLORIDA - September 1, 1981 :t-1r. Louis Lloyd, President PRESTIGE DEVELOPMENT COlvlPANY 1125 State Road #419 Winter Springs, FL 32708 Dear Mr. Lloyd: j /~ r 'e PURCHASING DEPARTMENT G. F. PRIDE, Manager P. O. Box 1393 ORLANDO, FLORIDA 32802 TELEPHONE (3051 420-3238 , l The Board of County Commissioners has accepted your bid for Item #1 on Contract #YI-905A. Please forward your check for $7,500.00, made out to Board of County Commissioners~ to: Orange County Finance Department P. O. Box 38 Orlando, FL 32802 or deliver to Finance Department, 4th Floor, 1 North Orange Building, Orlando, Florida. As soon as your check is received, yoU are at liberty to take posses- sion and to remove the items .listed above. In accordance with paragraph 9 of the contract, your $250.00 deposit will be returned upon your completing the removal of your equipment. We thank you for your interest in bidding. Sincerely, n 6.-~ ames Gantt Purchasing Agent JG/ de c Enclosure cc: Sewer & Water, J. Enterprise Funds Finance Property Control Robards I I I I I I I I I I i I I ! I i I I __J ttSOLICITATION - OFFER - AWW. (Sale of County Property) !. SOLICITATION NO. Yl-90SA 3. REQUISITION NO. 2. DATE ISSUED 4. CONTRACT NO. 5 July 28, 1981 Yl-90SA 6. ISSUED BY 7. ADDRESS MAIL OFFER TO BOARD OF COUNTY CO~IISS~ONERS ORANGE COUNTY, FLORIDA" P. O. Box 1393, Orlando:,. FV 32802 BOARD OF COUNTY CO!vlMISSIONERS Orange County, Florida * * * SOLIClTATlCN * * * ~~...~..... ~. SEAI..ED OFFERS IN ORIGINAl.. AND 1 copy FOR SALE OF SUPPLIES DESCRIBED HEREIN WILL BE RECEIVED AT THE PLACE SPECIFIED ABOVE, OR, IF HAND CARRIED, IN THE DEPOSITARY LOCATED IN Room 242 , ORANGE COUNTY COURT 1{OlJSc; ANNgX, UNTIL 2:00 p.m. August 18, 19R1. THIS IS AN ADVERTISED SOLICITATION AN!) THE OFFERS WILL BE P'UBLICl.Y OPENED AT ABOVE TIME IN the CQunty Commi~sioners Room. #349, CourthQu~~ 9. ITEM NO. 10. DESCRIPTION OF SUPPLIES FOR SALE 11. QUANTITY 12. UNIT 13. UNIT PRICE 14. AMOUNT 1. Sale and Removal of Building and all. surplus equipment at East Dale Acres Water Treatment Plant, 1320 Overdale Street, Orlando, Florida. xxxxxxxxxxxx XXXXXXXXX xxxxxxx Bid offers will be entered by applicable item on Bid Form, Page 4. Awards to be typed, or printed in I black inL ~SEE ATTACHED sPECIFICATIONS, TERMS AND CONDITIONS) * * * OFFER (Rev..rite :side is part hereof) 15. IN CO~PLIANCE WITH THE ABOVE, THE UNDERSIGNED OFFERS AND AGREES, IF THIS OFFER 15 ACCEPTED FROM BID OPENING DATE., TO PURCHASE ANY OF ALl.,' ITEMS for which bids_ are submitteds PRICEIS) OFFERED, DELIVERY AS DESIGNATED, WITHIN THE TIME PERIOD SPECIFIED. .16. DISCOUNT FOR PROMPT PAYMENT: 17. BlDDER NAME AND ADDRESS 18. NAME AND TIThE OF PERSON AUTHORIZED '['0 SIGN OFFER tiLOUiS Lloyd, President . 19. SIGNATURE ... C~ ~Ac, * * * A;ARi~ be completed Iy County) * * * · Prestige Development Company 1125 S.R. #419 Winter Springs, FL 32708 20. OFFER DATE 08/17/81 21. ACCEPTED AS TO ITEM(S) NO. 22. AMOUNT 23. ACCOUNTING CODE Item #1 $7,500.00 51-8-11010-000 24. SUBMIT PAYMENT TO: 25. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN ACCEPTANCE AND AWARD FOR THE COUNTY .. Orange County Finance Department P.O. Box 38 ~~ . Orlando, FL 32802 '..,. .. G. F. Pride~ Purchasing Agent I 26. SIGNATURE .' ~ ." '-,( IIJ~ , Sept. 1981 e e BID FOR1\1 SURPLUS PLA,\lT A,\ID EQUIPMENT ITEM 1. 1 each 5 horsepower service pump (Deming) with electric motor 2. 1 each 7.5 horsepower service pump (Deming) with electric motor $ 3. 1 each Air compressor with electric motor 4. 2 each Gasoline, air-cooled stand-by engines (Wisconsin) 5. 1 each 7.5 horsepower turbine well pump (Deming) with electric motor 6.. 1 each Steel tank - 20,000 gallons (approximate) with aerator 7. 1 each Hydropneumatic tank - 5,000 gallons (ruptured). 8. 400 ft. chain link fencing 9. 1 each Turbo flow meter 10. Miscellaneous necessary valves. electrical (~ontrols, etc:., presently in.the building 11. 1 - Building - approximately 15 ft. x 25 ft. (concrete block) TOTAL LUMP SUM BID $ . B I DOER'S NA,\1E . Louis Lloyd BIDDER'S ADDRESS Prestige Development Company 1125 S.R. #419. Winter Springs, FL 32708 PHONE NUMBER (305) 327-0556 !'". ..~ Page 4 Solicitation # YI-90SA --, i, BID FOR1\{. $ 750.00 750.00 $ $ 500.00 500.00 $ $ $ $ $ 500.00 1,000.00 500.00 . 200.00 $ $ 1,300.00 1,500.00 7,500.00 e e SOLICITATION INSTRUCTIONS AND CONDITIONS f I I 1. The term COUNTY used herein refers to tqe Board 0 f County Commiss ioners, Orange County I florida, or its duly authorized representative. 2. 'The term BIDDER used herein refers to the dealer/manufacturer/business organuatlon submitting a bid to the County in response to this solicitation. 3. Bidders are expected to examine, when applicable, the drawings, specifications, delivery requirements. performance sites and all instructions to satisfy themselves of conditions ~ffecting their bid for performing under this contract. -1-. :\0 mat.erial. labor or facilities will be furnished by the County other than that specifi- cally stated. ;). The bidder hereby attests that. the prices in this offer have been arrived at. indepen~ dently withou~ consultation, communication or agreement with any competitor for the purpose of restricting com~etition. Q. The contract shall be awarded to the responsible bidder whose offer wiU be most adv.ane cageous to the County. price and other factors considered. ... The County may accept any item or group of items of any offer, unless the bidder qualie fies his offer by specific limitations. e. The County reserves the right to reject any or all offers and to walV.e informalities and minor irregularities in offers received. q The successful hider agrees to exercise reasonable cate-.while fuLfiUing this contract to preclude damage to County property; damage caused by the bidder shall be repaired by the bidder at no cost to the County. 10. The successfuL bidder hereby agrees to relieve the County of responsibility for any injury .to bidder's employees or damage to bidder's prope~tywhile fulfilling this contract. 11. Offers shall be encio~ed in sealed envelopes and addressed to the office specified in Block 7 of the Solicitation or will be hand carried to the address cited in 810ck 8. The offeror shall show the hour and date specified in the Solicitation for receipt, the solicitatifln numkr::.. and the name and address: of _1.he bidd_~.L.,QJL_the face of the envelooe. 53.'7(!';) Page 2 Solicitation.. Yl-905A . e 1 MOHlCAN VALLEY. INC. DllA INDIAN WOODS Of WINTER SPRINGS 312 Mohuwk Trail. WInt~r SprIngs. FL 32708 Phone: (J05)-327-0556 1 Rules and Regulations PleuBe read.all of the following Rllles and Regulations carefully and thoroughlyll WELCOME TO n~DIAN WOODS OF WINTER SPRINGS We pride ollrselves in having one of the most beautiflll parks in our area. It is our purpose to keep the Park as clean and attractive looking as possible. Only with your help and that of the other tenants can this be accomplished. To keep our residents a8 comfortable as possible. the following rulea and regulations have been established for your benefit. When our recreational and conununity facilities are developed. we ask that you 8,u.ht U8 in tha proper llsa and car. of thase fac1U.t1esi aftar all, thay ara lur your unjoyment. 1 . MANAGEMENT The LANDLORD reserves the right to refuse admittance to the Park of any person, automobile truck or mobile home. References may be required and checked before admittance. The applicant must be considered desirable and compatible with the other residents of ~he Park. Refuse to accept further rent. for cauae, and decline to allow any lot to be occupied. The Park may evict the resident for any of the following reasons: a. Default in payment of rent. where such default continues for three(3) days after written notice thereof. b. Conviction of a violation of any federal or state law or local ordinance where Buch violation i8 deemed by the owner to be detrimental to the health, safety or welfare of the other reBidents of the Park. c. Violation of any reasonable rule or regulation establiBhed by the Park. provided the resident receives written notice of the grounds upon which he is to be evicted. The Management is sole judge of the existence of above actions. and may notify TENANT by ietter which may be mailed or delivered to TENANT'S address by pOBting of the notice on the door of the TENANT'S mobile home. The name and addreBs for the Park is: Indian Woods of WInter Springs. 312 Mohawk Trail. Winter Sprtng8. FL 32108. Any notice fTom a resident to the owner may be addref:lsed ali sllch. 2. RENTS All rents are due and payable in advance of the date listed on your lease in the Park Office. and are considered deliquent if not paid by the fifth day following this date. The rent day ends at 5: OOpm. There _'~~dl1_ be a $5.00 late charge beginning on the 1:') Xl II _J~ _!~llowing the due date. Any checks returned to us by the bank will incur a SIO.OO return check charge. All charges due because of a bad check or late payment shall he considered aa rent and failure to pay shall be grounds for eviction. All rents are due in U.S. Currency. j. MOB I LE HOME MAINTENANCE All mobile homes must bear the required yearly license. It is the resident.s rebpunaibility to keep the exterior and all additions. improvements. etc. in good repair, and clean and neat appearance and to provide for the safe and proper installation and operation of all appliances and equipment. Storage outside the mobile home is not permitted except in a storage building approved by the Park. 4. IMPROVEMENTS AND ADDITIONS Any addition to the standard mobile home package of unit and porch must be submitted to the Management for approval prior to construction or placement. No free standing build h1&1:I an~ permitted. Any additions to the mobile home mU8t have a building permit. AJI pern\it applications must be submitted to the city by Management. Fencing Is permitted in the rear of the mobile home lot only. starting from the back of the mobile home. Chain-link and full-rail are the only types permissible. A privacy fenet; lti permitted on the back perimeter only. Fencing plans must be submitted to the Management for approval prior to construction or placement. 5. LOT MAI-NTENANCf,: All lots remain under the direct control of Management. Residents are responsible for maintaining their lot in a clean. well-kept attractive condition. including the front, sides and back. If a lot is neglected. management after giving resident five(5) days written notice. reserve the right to take over it's care and bill the resident for these services. These billings become part of rent. Retiidents are expected to keep their lawn edged. fertilized. trimmed and watered. the tihrubbery trimmed and the yard immaculate--cleared of debriB. boxes. barrels. brooms. ladders and all trash. No Bigna of any nature may be placed on or about the demised premises without the written conaent of Management. ~~ WlI\~ 1 ~ '9{\~ ~ e . Be(dUI:H~ of underground utilities, the Management must be consulted and written approval reu; I ved in regard to planting or digging of any nature. All plaptings become the property u1 the Park and nothing is to be removed when the occupant moves. Vacant lots are not tu be disturbed. Any alterations to the lot muat be firilt approved by management in writing and done at the resident's expense. 6. MOTOR VEHICLES Motor vehicles ahall be parked in driveways only. There is to be absolutely no parking on. the lawns, or grass areas of the Park. No large trucks will be permitted. All Boats. Travel Trailers and large vehicles must be kept in designated areas; check with the Management. Only operating autos owned by tenant or gueat are to be parked on the driveway. No major repairing or overhauling of vehicles allowed. Residents may park only in parking spaces allocated for each lot. Speed limit for all vehicles is fifteen(l~) miles per hour. No unlicensed individual lIIay operate a motor vahicle at any time in the Park. No immobile car.. are to be kept in the Park. 'I'he8e vehicltul will ba towed away at Ke81dent '" expen8e. Registered motorized bike8 or scootera are claaaed aa vehicles. All vehicles must be regiatered with management Mini bikes--same. 7. GARBAGE, TRASH AND GRASS CUTTINGS Collection of garbage and trash will be handled by management unless the City provides this service. All garbage refuse must be wrapped. secured and placed in receptacles. Garbage and trash collection will be made twice weekly, Tuesdays and Fridays. Trash barrels shall be placed at the edge of the street for pickup. All Barrels must be kept clean and free from offensive odors. Burning of tr~sh or gargage is strictly forbidden I Place your grass cuttings in contaJ.ners for pick up with the collection of garbage. 8. RESPONSIBILITY AND LIABILITY Management is not responsible for damage, injury or loss by accident, theft, fire and an act of God or any other cause whatsoever to either the property or persons of any re/:iidtmt or guest. Also, management i6 not responsible or liable for any personal injury to adul ts or children using equiplDent of the recreational facilities in the. Park or that caused by negligence of itls residents or others. All persons who enter or live in the Park do so at their own risk. l{e6~dents are responsible for complying with all applicable laws, ordinances and regulations of the city, county and state. Residents will be responsible for all members of their household and guests who are in possession of keys to the Clubhouse and Park facilities. ~. CODE OF CONDUCT Be as considerate of your neighbor's peace and quiet as you would have him be of younL Disturbing noises are not allowed at any time. Quiet is required between the houni of 10: 00 pm and 8: 00 am. Radios. televisions, record players and playing of musical lul:itrwnents must be kept low at all times 80 as not to annoy neighoors. Intoxication, di.sorderly conduct, profane language. boisterous parties, loud singing and talking will not be tolerated. All persons causing a disturbance or being a nuisance may be required to vacate the Park. by management. Trel:ipassing through another mobile home lot or property, IS PROHIBITED without the expressed pennititiion of the owner. Management will not act as mediator in any neighborhood dis- agreements or arguments and if there is any question as to whom the offeqder is, management. has the right to request that all parties involved leave the Park. 10. PETS Dogs. cats or other pets may be kept in the Park, only with approval of the manager. Pets U1Utit be kept inside the mobile home and when outdoors, must be on a leash at all times and accompanied by a person. When outside, the pet must be kept on the owner's lot. Dog houses are not permitted. Noisy or unruly pets or those that cause complaints will not be allowed to remain. the re1:ildent's responsibility to obtain the necesaary pet licenses as required by local authorities. Pet owners who allows his/her pet to "mess" in any area other OWl!..) 0 t of mus t clean up af ter the animal and dispose of the mess in the &arba&e. It is the than their 11. SOLICiTING AND PEDDLING No soliciting, peddling or conuuerc1al enterprise will be allowed in the Park without first obtaining written permission from Management. If you are contacted, ask to see their authorization and if they do not have one from management, call the Park Office at 327-0556 inunediately. No private business activity will be permitted in the Park by any resident as it is not zoned for it. , 12. CHILDREN Families with children are welcome on designated lots, however, it is suggested that children not be permitted on playgrounds. roads, or bicycles after dark unless accompanied by a parent. 2. ~. -".~., _.-.- iT e . OUTS IDE DRYING Only umbrella type clotheslines are permitted and muat be placed in back of the home. 14. MESSAGES In the event of an emergency call, every effort will be made to promptly contact or notify you, but Management will not assume any responaibllity for delivery of these mel:lsagea. 15. VACATIONING When residents are on vacation or away for any extended time and the mobile home ~s closed. they should leave a phone number and a forwarding ~dress in the Park Office in case of an emergency. 16 SECURITY The Park has City Police and Fire Protection. Park Security is provided. 17. COMPLAINTS lwgiater all complaints and maintenance problems at the Park Office and not to any of the employees working in the Park. Employees are instructed not to do any work without a written order from the management. Please do not attempt to subvert this procedure. Complaints should be in writing and signed. Report only reasonable complaints after the office is closed unless an emergency exists. 18. SALE OF HOMES No homes are permitted to be sub-let or rented, except by permission of Management, and in no case longer than for a period of six(6) months during a one year period. The lease to the mobile home site Is not transferable from one resident to another. The existing lease cannot be assumed by a new resident. Management must be notified of any intent to sell a home and given thirty(30) days notice ill writing of any intent to move. Otherw1se, the following month's rent will be due and payable. In order to upgrade the quality of the Park. the Landlord may, require any mobile home that does not meet the Park's established standards, or is improperly maintained, to be removed from the Park. The decision of the Park Management in this regard shall be'final and binding. The aale of a home is contingant upon the to meet the Park requirements, and unless have to be removed from the Park. Residents are permitted to sell their own homes and are permitted to display one(l}- "For Sale" sign. Said sign shall not be larger than 8"x12" and may be displayed in a frout window of the home. No signs may be placed on the lot or on the outside of the home. Residents selling their home cannot guarantee prospective buyers a homesite in the community. If the buyer does not qualify, the mobile home must be removed from the Park within thirty(30) days of the closing of the sale. Approval of a new buyer for a resident's home will not be unreasonably withheld. If a Realtor is used, they must possess a Mobile Home Dealers license. A copy of this license must be issued to the Park Office. . buyer agreeing, in writing, to improve the home the requirements are met, the mobile home will 19. DISCLOSURE--SECURITY DEPOSIT, llliFUNDS b CLAIMS Any advance rent payments or deposit monies, held by the Park; will be refunded upon the TENANT'S removal of his Mobile Home from the Park. Such security deposits may be withheld from the TENANT, in the event of a claim against the security deposit, and the TENANT is so notified as follows: "The LANDI.ORD has fifteen(l5) days after the TENANT vacates the premises for termination of the rental agreement to impose a claim against the TENANT'S security deposit. If the LANDLORD fails to give the TENANT notice of such claim within the fifteen(l5) days the LANDLORD waives his rights to retain the deposit and must return it: to the TENANT punlUant to Section 83.49 Florida S tatutea. " WHEN RECREATIONAL & COMMlmlTY FACILITIES ARE DEVELOPED THE FOLLOWING WILL APPLY; 20. REGREATIONAL FACILITIES The recreation areas, swimming pool, playground and other facilities are for the use of Park residents and their registered guests. Pleade read and observe all posted rules 1n the recreational and swimming area. 21. LAUNDRY AREA An up-to-date and modern automatic laundry will be provided for residents use only. Please leave the washing machines, dryers and laundry room clean. No tinting or dying in machines please. If there is any malfunction of the laundry equipment, please notify the Park Office. 22. SWIMMING POOL The pool is for the exclusive use of Park residents and registered guests. Pool regulations will be posted in the pool area. Anyone disregarding these rules will lose pool privJleges. All guest8 must be accompanied by a resident and children under the age 3. .. . . of eighteen(18) must be accompanied by a parent or guardian at all times. Management is not responsible for accidents. Use of the pool is at your own risk. GENERAL POOL RULES 1. Food of any nature is to be kept away from the poos area because it may attract ants. 2. Only non-breakable comtainers are allowed at the pool area. 3. Only. regular bathing suits are allowed. Please no cut-off's of any nature. 4. Floats, mattresses or balls are not to be used in the water. 5. Please leave the life-saving rings in their holders at all times. 6. Horseplay, wrestling, rough-housing and running could cause accidents, please conduct yourself in a safe manner. 7. Anyone under 18 yeUrfil of age must be accompanied by an adult while uaina the clubhouse, pool and recreational facilities. 8. Only Park residents and registered out of town guests are allowed to use pool and other recreational facilities. 9. Children must be proficient swimmers in order to swim in the pool without parental supervision. 10. Any children or adults who fail to adhere to pool rules will be required to leave the pool and may have the privilege of using the pool taken away. 23. CHANGES Any other rules and regulations promulagated by the Management from time to time shall be posted in a conspicuous location at Indian Woods. Any park rules governed by city ordinances could be affected by changes in city ordinances from time to time. COMMITMENT TO ABIDE BY RULES AND REGULATIONS ANYONE VIOLATING THESE RULES AND REGULATIONS WILL BE SUBJECT TO EVICTIOb}. I have received and read the preceeding Rules and Regulations, pages 1 through 4 and do agree to abide by them or any other rules posted by the Park Management as well as Federal, State and Local laws. It is agreed that violation of these rules will terminate my tenancy. I have initialed all pages of Rules and Regulations 1 through 4 and have signed two (2) copies of Commitment to Abide by Rules and Regulations. One copy to remain with my Rules and Regulation2 and one copy to be returned to Indian Woods. Signature of Lessee Signature of Lessee Date 4.