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HomeMy WebLinkAboutMt Greenwood ~ ~ h~ ~ ~ ~ l~l ~ :Sb;\b ~ ~\ ~tlo ~ ~~~~l l/)~~I'i~ !'~~~ 4. Developer will continue to have the option of ~~ ~~J excluding portions of the Total Property from the terms of this ..U ~ , Declaration even though such portions will remain part of the Mt. ~ I I ClI? ~ Y~'r ~:' ,,' ~ .. -, , ~ ""'"'~" rrF:C:~L R~CCR~~S BOOK PAGE .. I~ '- . .......... i"fl* . I 7 4 0 "f f S' 4~ DECLARATION OF COVENANTS AND RESTRICTIONS SEMINGLE CO. FL. FOR MT. GREENWOOD THIS DECLARATION is made this ~ 1986 by AMERIFIRST DEVELOPMENT CORPORATION, tion, hereinafter called "Developer". day of :rUN~ , a Flor ida corpora- INTRODUCTION 1. Developer intends to develop portions of the real property described in Exhibit A to this Declaration ("Property") as a multi-staged planned residential community with open spaces and other common facilities for the benefit of such communi ty, to be known as "Mt. Greenwood". As a part of its development plans, Developer has obtained approval of the Mt. Greenwood PUD by the City of Winter Springs, Florida. Throughout this Declaration, the property in Exhibit A, when referred to as a whole, will be identifi~d as the "Total Property". 2. Developer desires to provide for the preservation of the values and amenities in Mt. Greenwood and for the maintenance of its common properties. For that purpose, the powers of maintaining and administering the Mt. Greenwood community properties and facilities, administering arid enforcing these covenants and restrictions and collecting and disbursing the assessments and charges created in this Declaration are being delegated and assigned to a newly formed not for profit corpora- tion known as the Mt. Greenwood Community Association, Inc. The Association is not intended to be a "Condominium Association" as such term is defined and described in' the Florida Condominium Act (Chapter 718 of the Florida Statutes). 3. By virtue of this Declaration, Developer is committing portions of the Total Property to this Declaration on this date and providing a method whereby the other portions of the Total Property may become part of the Properties by recordation of a supplement to this Declaration. The term "Properties," as used in this Declaration, means the real property ini tially subject to this Declaration, and the other portions of the Total Property later made subject to this Declaration. THIS INSTRUME:Nl ' !!:PAI~ED BY: ,r- CNA-Je'.-4J /(r:)UI'AIS.I/;-S(j(' NAMe ~~~,~3,'l JN~~ FA-seEr" ~ #kJ~II(.~ P.A. ADDR. 241JP=1It!1f:T!(F?R'>7.1ItA5: t $€ ~R() Ave HIII~/, ~L ,:?:fL~ I ,"", ~ .... 1'0.) c.o OJ (- u;r" rtlf'1'1 :;I:::OC ,.,,'~...... ..~ :<: (jo-: r-"'T'!'l-::> n1 r-.- . .,.......- '.-'- _..- :-i (~~ c:> ';;; c ^' CD ~ -t:::! ;<nm .,,0% Ie:: .::0 -l us ::0 co rr1 en (") c- o c::: ::0 :z: c ", I 0 0') ~ 5i: < ", <'P ::0 ~ U1 ", .s::- o /..1. . . ......'" ""'" ~ , , ,\ .1 ~+lI!lT & ..di;~ ...... . ~ ,. '- -MOUNT CREENWOOD PUD '~ . I ;' , I' I _ I I , ~..1''' ~ ZfI . . ld" I I II I 11 I , PGQe , ., c. Development Criteria , , I. Minimum Dwelling Unit Size and Lot Size: Dwellina Type Single FM1ly (1) . - --==; -- hUo ... (2) _., -----7 To.mouse <1) circsen "Part.entll (4) QDndcn1n1uas , Mln1_ Dwell1ng &Nt S1ze ~ Lot S1ze 1,100 sq. ft. SlOG SQ. ft. 'SO SQ. ft. ',000 sq. ft. ),5OO~. ft. 1 '- 1,200 sq.' ft. ' lbedrOClll 2 bedrool 4SO sq. ft. Q)() sq. ft. - - . . ,Defhiitions: ... " (I) ~ingle Family - Conventional detached units occupied by not more----1han one family and located on a lot not less than 8,000 square feet and with a minimum living area of I 100 square feet. Min1iaum lot 81ze 75' X 110' - per prana approved by City of Winter Spring. on Oct. Patio Hornet - Single' Family units on lots not less than 3,500 square Jeet that may utilize zero lot line construc- tion. Units' shall have a minimum of 900 square feet and · ,will be in fee simple ownership. Units have a private . outdoor living area, the side walls of _ which may be party or lot ,line walls and having a ~inimum two-hour fire rating. (See C-S for additional design criteria for roo():. way/utility tracts.) Minimum lot 81ze 46' X 85'. . - 28,198 (2) (3) Townhouse - Self-contained dwelling units located side by sieie with no units located above or below one another, J designed and constructed $0 that the units may be indi-' . vidually owned. Townhouse units are to be separated by party or lot line walls and shall have a minimum two-hour .. fire rating. (Ord. No. 134, 12, 8-9-76). Unlfl' that will ,be fee simple, on lots not less than 1,200 square feet that utilize zero lot line construction. (See C-S for additional design criteria.) Per attached preliminary sub- divi8ion plan dated April 5, '1985, by Bowyer, Singleton and Aaaoc1a~e8. " , ~- ,/ I I S I " I I I I I I I I I I 7" "" .. . . .. . . ... MOlNT CREENWOOD PUD Page 7 2. 3. . ()/( . pt' r ~ ~ ~etv~/~ .... """'" ,~~ ~ , ." Wi . ~ . ., t1~(J~ Parking: Off stl:eet parking requirements will comply with the off street parking regulations In the City of Winter Springs Zoning Code. er()vision is :a~ ::- ~ af 11,01; aJlU'Oca 10 eecommodate COJ])pact ear.. ~ X 189. d - Minimum Building Setbacks: '7 All buildings will be set back 2S feet .f~om the main spine rood. · r Single Family Setbocics will comply with the regulations for the R-IA Si'ngle Family Dwelling District as specified in the Winter Springs Code. Front setbacks - 2S feet; rear yard setback - 2S feet and side yard setbacks of 7.5 feet, Including utility easements. On corner lots. a front setback of 25 feet must be maintained. A 15 foot sideline setback will be permitted on the street sideline. provided the corner lot faces the .same way as all other lots in the block. If the building faces the long dimension. of .the . lot. or wh.re corner lots face a different thoroughfare than other lots in' the block. the 25 feet or greater setback will be main- tained from both thoroughfares. On th~ front, rear, or .non-zero sidewalls, fireplaces will be allowed to protrude from the house to a maximum distance of 30 inches into the setback. Such protrusion sholl not be included in . the calc~lation of the gover~ing setback. rfNA\oorn1 ~~ ~ , I =; . I ; ~ 1 . . . , - iI t '. . \.e/ \.-.- .. ~ a~:~ - .. .MOUNT GREENWOOD PUD Page 8 Townhouse Front setbacks.. 10 feet; rear yard setbacks - 10 feet; side yard setbacks .. 0 and 10 feet;' minimum corner lot setbacks .. 15 feet; minimum building space of 20 feet between buildings. .N/A Screen Enclosures ~ Rear setback for screen enc~r patio ho~ and townhouse units will be a minimum of . -Side setbacks will be the . some os for the main struet ~hin the recorded Declaration of Covenants, Conditions and Restrictions, there will be a provision that any screen enclosure permitted within the minimum building set bOck for the main structure' will not be allowed to be converted to air-conditioned living space. 4. Height of Structures:. The maximum height of the single family and patio home units within the PUD will be two stories or 35. feet. (The maximum? building height of the townhouses and garden apartments will be t~ee stories' or 45 feet.. tit.> '0 Roadway/Utility Tracts (Interior Streets): ' 5. As used herein, these are designated tracts of commonly owned, Homeowners Association property, in which paved traffic access roads are I~ated. Additional unpaved area flanking the paved surfaces are intended to be approximately equally spaced on each side of the paved surface and will make up the area within the roadway/utility tract designated width. Such tracts will define all road systems not dedicated to public use and located within development parcels. Such tracts may hove paving widths between 20' and 24' depending upon traffic load and use require- ments. The unpaved area flanking the driveway surface may vary in width from 0 to 10'. "- ... ~~ ;::" r-! 2 ~ ~. ~ ~~ ~ : ~ ~', ~,~ ~ BOCr, Pj\CE I 740 I 5 4' 6 Greenwood PUD unless for some reason Developer request~;/'01~~O'l~e City of Winter Springs, Florida approves such removal. NOW, THEREFORE, the Developer declares that the real property described in Article I, and such additions to such real property as may be made pursuant to Article I hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens set forth in Articles I through XI of this Declaration. ARTICLE I PROPERTY SUBJECT TO THIS DECLARATION AND ADDITIONS THERETO Section 1. All of Mt. Greenwood. (a) It is intended that Mt. Greenwood be devel- oped as a mul t i -s taged planned res ident ial communi ty. However, only the property descr ibed in Exhibi t B is subject to this Declaration at this time. Section initially is, and occupied subject Winter Springs, Exhibit B hereto 2. The Properties. The real property which shall be, held, transferred, sold, conveyed and to thi s Declar a t ion is located in the Ci ty of Florida, and includes all land described in (the "Properties"). Section 3. Additions to Existing Property. Additional lands may become subject to this Declaration in the following manner: (a) Additions by the Developer. The Developer may from time to time bring other land included within the Total Property under the provisions hereof by recording a Subsequent Amendment (which shall not require the consent of Owners or the Association or any mortgagee) and thereby add to the Properties. The Developer shall not be required to br ing all lands included within the Total Property under the provisions of this Declaration. Unless and until any such lands are brought within the provisions of this Declaration by the recording of a Supplemental Amendment, this Declaration shall not be considered an encumbrance upon title to those lands. (b) Additions by Approval of Members. Without restr iction upon the Developer to add to the Properties in the manner provided in the foregoing Paragraph (a), upon approval in writing of the Association pursuant to a vote of its Members as provided in the Articles, the owner of any property who desires - 2 - (~f!~:,!,~ ~,:~C~::IS BOOK PAGE ./ 7 4 0 I 5 4 7 to add to the scheme of this Declaration and to !Siibtd~tCOstlch property it to the jurisdiction of the Association, may file of record a Supplemental Declaration of Covenants and Restr ictions with respect to the additional property, which shall extend the scheme of the covenants and restrictions of this Declaration to such property. Any such additions shall be sublect to the approval of the City of Winter Springs, Florida. (c) Additions by Merger. Upon a merger or consolidation of the Association with another association as provided in the Articles, its 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 pursuant to a merger. The surviving or consolidated association may administer the Cove- nants and Restrictions established by this Declaration within the Properties together wi th the Covenants and Restr ictions estab- lished upon any other property as one scheme. Any such additions shall be subject to the approval of the City of Winter Springs, Florida. Section 4. Master Land Use Plans, Plat and Si te Plan Changes. Developer reserves the right to make such changes and/or modifications to any plat or site plan or the Master Land Use Plan as are required by appropriate governmental authorities or as Developer deems necessary (with the consent of the City of Winter Springs, Florida). ARTICLE II MEMBERSHIP; VOTING RIGHTS IN THE ASSOCIATION; TURNOVER Section 1. Membership. Every person or entity who is or shall become a record owner of a fee or undivided fee interest in any Lot or Dwelling Unit shall be a Member of this Association from the date such Member acquires record title to a Lot or Dwelling Unit provided that any such person or entity which holds such interest merely as a secur i ty for the per formance of an obligation shall not be a Member. Section 2. Voting Rights. The Association shall have two classes of voting membership (which voting rights shall only be exercised as provided in this Declaration and the Articles and By Laws: - 3 - [:;-r\2~~.. P.~:~~:S BeOK PAGE I 740 154a (a) Class" A " . Class" A" MembESE~i!;Silf,3(lU Fhe all those owners as defined in Section 1 of this Article II with the exception of the Developer. Class "A" Members shall be entitled to one vote for each Lot or Dwelling Unit owned by that Member (other than Lots or Dwelling Units owned by the Developer). (b) Class "B". (i) The Class "B" Member shall be the Developer. The Class "B" Member shall be entitled to three votes for each Lot and Dwelling Uni t owned by it, provided that the Class "B" Membership shall cease and become converted to Class "A" Membership on the happening of the earlier of either of the following events: (A) When the total votes outstanding in the Class "A" Membership equal the total votes outstanding in the Class "B" Membership; or (B) At any earlier time that the Developer, in its sole discretion, voluntarily converts its Class "B" Membership to Class "A" Membership; or (C) On January 1, 2001. (ii) From and after the happening of the earlier of these events, each Class "B" Member shall be deemed to be a Class "A" Member enti tIed to one vote for each Lot and Dwelling Unit owned by it. Section 3. Districts (a) products intended for Districts established Voting Members shall District. Because of the different types of housing Mt. Greenwood, there will be a number of which will elect Voting Members. Such act on behalf of the Members in that (b) A Voting Member 1S the representative selected by the Members in each Neighborhood or Neighborhood Association, who shall be responsible for election of directors, amending this Declaration or the By-Laws, and all other matters provided for in this Declaration. The Voting Member from each Neighborhood or Neighborhood Association, if any, shall be the senior elected officer (~, Neighborhood Committee chairman or Association president) from that component; the alternative Voting Member shall be the next most senior officer. Each Voting Member shall be enti tIed to cast as many votes as equals the 'number of Dwelling Units he or she represents. - 4 - L~-~;C:~~ ?::r~~:~IS BOOt', PAG:: 174 0 15~9 (c) A District ~s a geographicalS~fh~EE EtF. Ef,reas comprised of one or more housing types and representing a political unit for the purpose of electing directors. A District will annually elect one or more Directors to the Board of Directors of the Association. Districts shall not be required to be equal in population and may be composed of non-contiguous property. Districts may be comprised of several Neighborhood committees, depending on the needs of that particular class of Owners residing or owning property within the Neighborhood. The Board of Directors may form subdistricts to any area so requesting. (d) The Developer may at any time and from time to time until the termination of Class "B" membership as provided in Section 2(b) of Article III of this Declaration establish and alter or reestablish the boundaries of Districts by the recordation of an exhibit to this Declaration setting forth the metes and bounds or other legal descr iption of the land contained within each District. After termination of the Class "B" membership, the Board of Directors may prepare and record such exhibit. Such recordation shall not constitute an amendment to this Declaration and shall not require the formality of an amendment as set forth in this Declaration. Uni ts L (subject (OO~ number of Dwelling by the Developer. (e) It is intended that the number of Dwelling to change) wi thin the Mt. Greenwood PUD will be , as based on the Master Land Use Plan. Such Units shall be subject to change at any time Article II, it maximum number Land Use Plan, Dwelling Units (f) For purposes of voting rights under shall be assumed that the Developer owns the of Lots and Dwelling Units shown on the Master whether or not constructed, less whatever Lots and have been sold by the Developer. Section 4. Neighborhoods. As plats for parcels within the Total Property are prepared to be filed, the Board of Directors will determine if such parcel is in need of a formal Ne ighborhood Assoc ia t ion. The cr iter ia for making thi s determination will be based on the complexity of the land use, the amount of Common Properties to be in that Neighborhood for use by that Neighborhood, or the requi rements of Flor ida Law. For example, any such parcel which is submitted to the condominium form of ownership is required to have a formal Neighborhood Association. Such determination by the Board of Directors must be in accordance with the requirements of the PUD approval by the City of Winter Sprinqs, Florida. - 5 - , r r l: ~ ,', ~ E E : C ~~ .~_l~ .. ~ F ,,1\ I h"- 17~O 1550 A Neighborhood is a separately des\linffit:IP~o A.eveloped residential area compr ised of var ious types lb1f uhous1ng which initially or by amendment are made subject to this Declaration; for example, and by way of illustration and not limitation, condominiums, fee simple townhomes, single family detached houses; and rental apartments. In the absence of specific designation of separate Neighborhood status, all Properties made subject to this Declaration shall be considered a part of the same Neighborhood; provided, however, the Declarant may designate in any Subsequent Amendment adding property to the terms and conditions of this Declaration that such properties shall constitute a separate Neighborhood or Neighborhoods. A Neighborhood may not be an association and, therefore, the Developer may cause the formation of a Neighborhood Committee to act as advisors to the Association. Neighborhoods will be "merged" to form Districts by assigning a Neighborhood to a specific District upon platting of the property encompassing that Neighborhood. Assignments of Neighborhoods to a District are subject to revisions and modifications as necessary. Districts should also be based on similar land use and density. For example, Mount Greenwood will probably consist of six (6) residential tracts or Neighborhoods, some of which will contain an amenity package and will have Neighborhood Assessments levied to maintain the property within each particular Neighborhood. It 1S intended that Tracts 1 and 2 (as identified on the Master Land Use Plan) will consist of 27 and 48 single family homes respectively. These two (2) tracts will, if the Developer so elects, form a District and will elect two members of the Board of Directors of the Association. It is intended that Tracts 3 and 4 (as identified on the Master Land Plan) will, if the Developer so elects, consist of 76 and 97 townhomes respectively. Tract 5 as (identified on the Master Land Use Plan) is currently planned to contain 187 townhomes. Tract 5 will probably be combined with Tracts 3 and 4 to form one (1) District which will elect three (3) members of the Board of Directors of the Association. It is intended that Tract 7 (as identified on the Master Land Use Plan) will, if the developer so elects, consist of 171 Patio Homes and will elect two (2) members of the Community Association Board of Directors. - 6 - c;.~::'~!,~ E: :~;~: ~l~ eO~r\ Pi\GE Section 5. Voting for Board of 174 0 155 1 Di recto~[~'~INOLE co. FL. of Directors shall are necessary. be (a) The initial Board appointed by the Developer. No elections (b) After Turnover, The Board of Directors shall be elected by the owners through their Voting Members. (c) At the annual meet ing of the Association, the Voting Members shall be entitled to vote the number of votes from their respective Districts; however, each Voting Member can only vote for their respective directors. (d) The election of the Board of Directors shall be based on the total votes from each of the Voting Members within the Districts; however, each member of the Board of Directors shall have one (1) vote per director on all matters that corne before the board. (e) The Initial Board of Directors will be three (3) persons, all appointed by the Developer. The Initial Board shall (except for replacements made solely by the Developer) remain in place until twenty percent (20%) of the Total Lots and Dwelling units within the Total Property have been conveyed to owner-occupants. (f) Wi thin ninety (90) days after twenty percent (20%) of the Total Lots and Dwelling Uni ts have been conveyed to owner-occupants, the Developer shall notify the Board of Directors that such 20% level has been reached and the Board of Directors shall then call a Special Meeting of the Members to elect one member to the Board of Directors "at large" rather than by Districts. The Board of Directors shall then be a five member board with the Developer entitled to appoint four persons to that board. (g) The set-up of the five (5) member board will continue until forty percent (40%) of the Total Lots and Dwelling Units have been conveyed to owner-occupants. Then the developer will have the right to appoint three (3) directors to the board and the Class A Members will elect two (2) directors. Again, the Directors elected by the Class A Members will be elected from the community at large rather than through Districts. (h) When seventy-five percent (75%) of the Dwelling Units have been conveyed to owner-occupants, the Class A Members will elect the majority of the Board of Directors, using the Distr icts. The number of open seats on the board annually will be limited to three (3) or four (4) respectively because the - 7 - ~~ f:- ~ ~ !,.. F:-: C r".~ A .~ ~ EGOK t hJ~ I 740 1552 terms will be staggered on an annual basis. SEMit'iGLE CO. FL. ARTICLE III PROPERTY RIGHTS IN THE COMMON PROPERTIES Section 1. Common Properties. The Properties will or may include certain Common Properties for the use, enjoyment and responsibility of all Owners, or in certain cases, Owners in a particular Neighborhood. The Common Properties are those areas of land shown on the separate plats for Mt. Greenwood, and intended to be devoted to the common use and enjoyment of the owners of the Properties in accordance with the terms of this Declaration. The Common Properties are intended to include (as parcels of Mt. Greenwood are brought into this Declaration by vi rtue of Subsequent Amendments) a ballf ield, playground, conservation areas, ent ry features, landscape buffers, concrete wall, wooden fence, private roads, lakes, detention and retention ponds and recreational amenities. Some of the Common Properties may be restricted to the use of Owners within one or more Neighborhoods. In such case the maintenance cost of same shall be considered a Neighborhood Assessment for that Neighborhood(s). Section 2. Members I Easements of Enjoyment. Subject to the provisions of Section 4, the use restrictions contained in Article VIII, and the additional provisions of this Declaration, every Owner, his agents, licensees and invi tees, shall have a permanent and perpetual easement for the use and enjoyment of the Common Properties and each easement shall be appurtenant to and shall pass with a title to every Lot or Dwelling Unit. Such easements of enjoyment shall include but not be limited to the Member's right of ingress and egress over the streets, roadways and walkways on the Common Properties for purposes of access to the Member's Lot or Dwelling Unit, which right of ingress or egress shall not be subject to any fees or charges. Section 3. Title to Common Properties. (a) The Developer shall convey (and the Associ- ation shall accept such conveyance) the Common properties, (in phases as part of the Subsequent Amendments) to the Association, prior to the conveyance of a Lot to an owner for occupancy of a dwelling unit constructed on the Lot, free and clear of all liens and encumbrances, except this Declaration, covenants and restrictions of record at the time of the conveyance of the Common Properties to the Association, the Plat(s), real and personal property taxes for the year in which the conveyance takes place, and any easements created or allowed by the terms of this Declaration. - 8 - : ;+ ~: '_ . !\:. ~,~: ~~. ~. . ~ s BOO~\ " . "r: ; ;~ ,1... 1740 1553 (b) Even though legal title to thes~~~q,oP~o- perties will be in the name of the Association, rightsL."~o use' h'le Cornmon Properties can not be conveyed without conveyance of the Lots and the Cornmon Properties can not be conveyed by the Associ- ation (except as specifically described in this Declaration or the Articles. Section 4. Limitation of Members' Easements. The rights and easements of use and enjoyment created hereby shall be subject to the following: (a) The right of the Association, as provided in its Articles and By-laws, to suspend the enjoyment rights of any Member for any per iod dur ing which any assessment remains unpaid, or for a per iod not to exceed sixty (60) days for any violation of this Declaration, the Association I s Articles, By- laws or published rules and regulations; (b) The right of the Association to dedicate or transfer all or any part of the Cornmon Properties to any public agency, au thor i ty, or uti I i ty for such pu rposes and subject to such conditions as may be agreed by the Members; provided that no such dedication or transfer, shall be effective unless an instru- ment signed by the appropriate officers of the Association certi- fying that a Special or Regular Meeting of Voting Members called for such purpose, of which thirty (30) days' prior written notice was sent to each Voting Member, that the vote of Voting Members representing two-thirds (2/3) of the Members, either in person or by proxy, was obtained, agreeing to such dedication or transfer; (c) The right of the Association to grant exclusive easements and rights-of-way over certain parts of the Cornmon Properties to Members of the Association when the Associa- tion deems it necessary; (d) The right of the Developer, without approval of the Association, or the Membership, to dedicate ease- ments and rights-of-way over the Cornmon Properties in accordance with the terms of this Declaration; (e) The right of the Association to adopt and enforce at any time rules and regulations governing the use of the Cornmon Properties and all facilities situated thereon, which shall apply until. rescinded or modified as if originally set forth at length in this Declaration; (f) The right of the Association to grant to governmental agencies the right to install and maintain water, sewer and irrigation facilities within the Cornmon Properties; and - 9 - { ;-;-, f" '1 ~: .... :1 (' ~. "vi 1"1.... ,. ;'. ~ BOOK PAGE (g) The easements described and 7 of this Article III. tI4s2ctio~~ ~ ~ 6 SEMINOLE CO. FL. Section 5. Utility and Irrigation Easements. There is reserved unto the Developer, so long as it owns a Lot or Dwelling Uni t, the right to grant reasonable easements for the installation and maintenance of temporary roads, cable television services, security system services, public utilities and irrigation systems (including the installation of irrigation pumps) on the Common Properties and the Properties in addition to those easements already reserved. All such qrants of easements shall be subject to the approval of the City of Winter Springs, Florida. Section 6. Easement for Governmental, Health, Sanita- tion and Emergency Services. A non-exclusive easement is hereb granted to the Ci ty of Winter Spr lnqs, any other appropriate governmental authorities supplying health, sanitation, police services and any emergency services such as fire, ambulance and rescue services, and for other public purposes for purposes of ingress and egress over the Properties. Section 7. Developer's Construction and Sales Activi- ties. In addition to the property rights granted in this Decla- ration to the Developer, as Owners or otherwise, the Developer is extended the right to enter upon the Properties at any time and in any way reasonably necessary to allow the Developer to construct, sell and promote, in this subdi vision or any con- tiguous subdivision or to carry out any responsibility of the Developer to Owners in such subdivisions, including but not limi ted to the right to use the street in front of any model areas designated by Developer for parking by visitors and staff, to use any part of the Common Properties for location of Developer I s sales center, to maintain and show model homes, to have employees in the off ices, and to use the Common Properties. Notwi thstanding any other provision in the Declaration, the Developer is irrevocably empowered to sell, lease or rent Lots and Dwelling Units on any terms to any purchasers or lessees for as long as it owns any Lot or Dwelling Unit. ARTICLE IV COVENANTS FOR ASSESSMENTS Section 1. Creation of the Lien and Personal Obliga- tion of Assessments. Except for the exemption provided to Deve- "loper in Section 7 of this Article IV, the Developer, for each Lot and Dwelling Unit, owned by the Developer within the - 10 - lJ";'-l''"'I.: :J:- ;""li~ .'(" BOc'r;' -,~. "v-'r<~G:: Properties, hereby covenants, and each Owner J/4aRy LJtS So~ Dwelling Uni t, by acceptance of a deed for such LotSE"dlr[)LD~elaung Unit, whether or not such acceptance shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and ag ree, to pay to the Assoc ia t ion: ( 1) General Assessments; ( 2) Neighborhood Assessments; (3) Special Assessments for capital improvements; and other expenditures by the Association hereinafter provided. The General Assessments, Neighborhood Assessments and Special Assessments, together with interest and costs of collection as provided in this Article IV, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. Section 2. Neighborhood Assessments. (a) Neighborhood Assessments are assessments for common expenses provided for herein or by any Subsequent Amendment which shall be used for the purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of the Dwelling Units against which the specific Neighborhood Assessment is levied and of maintaining the properties within a given Neighborhood, all as may be specifically authorized from time to time by the Board of Directors and as more particularly authorized below. (b) The Neighborhood Assessment shall be levied equally against Owners of Dwelling Units in a Neighborhood for such purposes as are authorized by this Declaration or by the Board of Directors from time to time, provided that in the event of assessments for exterior maintenance of structures, or insurance on structures, or replacement reserves which pertain to particular structures (pursuant to an amendment to this Declaration), such assessments (that are for the use and benefit of particular lots/units) shall be levied on a pro rata basis among benefited Owners as determined by the Board of Directors of the Association. Section 3. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the pur- pose of preserving and promoting the recreation, health, safety, and welfare of the residents in the Properties and carrying out all of the responsibilities and obligations of the Association and the Owners as required by governmental authorities and in particular for the improvement and maintenance of properties, services and facili ties devoted to this purpose and related to the use, enjoyment and maintenance of the Common Properties and of the Lots and Dwelling Units. For example, assessments would be used for the payment of taxes and insurance on the Common Properties, repair, replacement, and additions to the Common Properties thereto, and for the cost of labor, equipment, - 11 - ::;- r Ie; ,~, ~ p. ~ C J ~: ~~ S BOOK PAGE I 740 1556 materials, management and supervision of the Common P5~B~~t~~~. - 12 - : rrjC:,~~ R~C~IF':\~ BOO;~\ r' AGE I 740 Section 4. Date of Commencement of Genera and Neighborhood Assessments; Due Dates; Assess H General Assessments and Neighborhood Assessments shall commence as to each Lot or Dwelling Unit on a date (which shall be the first day of a calendar month) fixed by the Board of Directors of the Association to be the date of commencement. The due date of any assessment shall be fixed in the resolution authorizing such assessment. The assessment shall be payable in advance in one payment or in monthly or quarterly installments if so determined by the Board. Section 5. Basis and Maximum Amount of General and Neighborhood Assessments. (a) Until the Turnover Meeting, the General Assessments and Neighborhood Assessments for all Class "A" Members shall be established by the Developer. (b) Until January 1 of the year immediately following the conveyance of the first Lot or Dwelling to an owner-occupant, the maximum annual General Assessment shall be one hundred and thirty-two Dollars ($ 132.00 ) per ~ot or Dwelling Unit, plus any amounts that may be assessed as Neighborhood Assessments and Special Assessments. (i) From and after January 1 of the year immediately following the conveyance of the first Lot or Dwelling Uni t to an Owner, the maximum annual General Assessment may be increased each year without a vote of the Membership by a sum not more than ten percent (10%) exclusive of utilities, insurance and reserves. (ii) From and after January 1 of the year immediately following the conveyance of the first Lot or Dwelling Uni t to an Owner, the maximum annual General Assessment may be increased above the provisions as described in Section 5(b)(i) by a vote of Vot i ng Membe r s represent ing two-thi rds (2/3) of the Members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Neighborhood Assessments shall be established based on the actual cost of maintenance of the Common Properties for which the Neighborhood Assessment is made. (d) The Board may change the budget and level of General Assessments and Neighborhood Assessments at a duly constituted meeting of the Board which occurs after the Turnover Meeting, provided that written notice containing a copy of the newly adopted budget outlining the assessment change is sent to - 13 - ;.rF;C:~~ ?:C"~.~~~ 808\ PAGE 1 7 4 0 1558 all Members at least thirty (30) days in advance of the ~~~~~t~~fL. date of the adopted change. For each twelve-montn perloa thereafter commencing on the first day of December (hereinafter called an "Assessment Year"), the General Assessments and Neighborhood Assessments may be adjusted by vote of the Board at a duly held meeting after giving proper notice as described above. Section 6. Special Assessments. (a) The Board may levy in any Assessment Year a Special Assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a described capital improvement upon the Common Properties, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of Voting Members representing at least two-thirds of the Members voting in person or by proxy at a meeting duly called for that purpose. The due date of any Special Assessment under this Article shall be fixed in a resolution authorizing such assessment. (b) Funds in excess of $10,000.00 in anyone case which are necessary for the addition of capital improvements (as distinguished from repairs and maintenance) relating to the Common Properties (and which have not previously been collected as reserves or are otherwise available to the Association) shall be levied by the Association as Special Assessments only upon approval of a majority of the Board of Directors of the Association or upon approval by Voting Members representing two- thirds (2/3) of the Members of the Association voting at a duly constituted meeting of the Association. Section 7. Uniform Rate of Assessment. All General Assessments, Neighborhood Assessments and Special Assessments shall be at a uniform rate for each Lot and Dwelling Unit for which the assessments are being made. However, until such time as the Class "B" membership converts to Class "A" membership, the maintenance costs for the unsold Lots and Dwelling Units chargeable to the Developer will be determined as follows: The total amounts charged for common expenses to owners of Lots and Dwelling Units other than the Developer will be deducted from the total common expenses as incur red by the Association and the difference will be paid by the Developer as its contribution to cover the common expenses for the unsold Lots and Dwelling Units on a pro rata basis. The Association shall have a lien upon all unsold Lots and Dwelling Units until such difference is paid. Such lien shall be enforceable in accordance with this Article. After the Class B membership converts to Class A membership, the Developer will pay the same assessment for common expenses on - 14 - f~f:=:~~ R~:~i~'\:; BOO~\ PAGE 1740 1559 each of said Lots and Dwelling Units as every q.t;..hj,t;; r-9jtrrt~r, Nothing in this Section 7 shall be construed to requfl!'1!'~t.It1~nfJ:rer other than the Developer to pay more than the maximum annual assessment in Section 5 above except in accordance wi th that section. Nor shall this Section 7 be construed to require a Member other than the Developer to pay more than such Member's proportionate share (based on the total number of Lots and Dwelling Units under this Declaration) of the estimated operating budget for the year in question, which budget shall be determined as if all Lots and Dwelling Units which have been brought under the scope of this Declaration were occupied and the Association were in full operation. Section 8. Duties of the Board of Directors. (a) The Board of Di rector s of the Assoc ia t ion shall prepare a roster of the Lots and Dwelling Units and assess- ments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the assessment for each Assessment Year shall be sent to every Owner subject to such assessment at least thirty (30) days prior to the commencement of the Assessment Year. (b) The Association shall, upon demand at any time, furnish to any Owner liable for said assessment a certifi- cate in writing signed by an officer of the Association setting for th whether sa id assessment has been paid. Such certi fica te shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 9. Effect of Nonpayment of Assessment; the Personal Obligation of the Owner; the Lien; Remedies of Associa- tion. (a) If any assessment against a Lot or Dwelling Unit is not paid on the date when due (being the dates specified in Section 4 and Section 6 hereof), then such assessment shall be delinquent and shall, together with interest and cost of collection as provided for in this Declaration, on such date be a continuing lien on the Lot or Dwelling Unit 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 such assessment shall remain his personal obligation for the. statutory period of limitations. (b) Prior to the voluntary sale of any Lot or Dwelling Unit, the Owner may request from the proper officers of the Association a certificate, in recordable form, as to whether the Owner has paid all assessments to date. The Owner requesting the certificate shall pay to the Association a reasonable sum to - 15 - ( r ::- ' ('l I .! Q:- I..... "I c' ~: ..... l ' I I oj , ~'... ;... .,; ~ ,-, ..) BOU, rAGE cover the costs certificate. of examining records 1740 .156n and prepar Ing the SEMINOLE CO. FL. (c) If the assessment is not paid within thirty ( 30) days after the del i nquency date, the assessment shall bear interest from the date of delinquency at a rate equal to ten percent (10%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the out- standing assessments and/or bring an action to foreclose the lien against the Lot or Dwelling Unit. There shall be added to the amount of such assessment all costs of collection, including, but not limited to, the cost of any and all attorneys fees incident to collection whether or not suit is brought including attorneys' fees on appeal. In the event a judgment is obtained, such judgment shall include interest on the assessments and a reasonable attorneys' fee to be fixed by the Court together with costs incident to the action. Section 10. Subordination of the Lien to Mortgages. (a) The lien of the assessments against any Lot or Dwelling Unit shall be subordinate to the lien of any First Mortgagee now or hereafter placed upon the Lot or Dwelling Unit. If a First Mortgagee of record, or other purchaser, obtains title to such property as a result of foreclosure of the lien of such First Mortgagee or as a result of a deed given in lieu of foreclosure thereof, such acquirer of title and his successors and assigns shall not be liable for the assessments by the Association chargeable to the former Owner of such Lot or Dwelling Unit which became due and payable prior to the acquisition of title as a result of the foreclosure or deed given in lieu of foreclosure, unless such assessments are secured by a Claim of Lien for assessments that is recorded pr ior to the recording of such mortgage. (b) Such sale or transfer shall not relieve such Lot from liability for any assessments thereafter becoming due, or from the 1 ien of any such subsequent assessment. Any such subsequent assessment shall be subordinate to the lien of a First Mortgage placed upon the Lot or Dwelling Unit prior to the time of the recording of such subsequent assessment lien. Section 11. Exempt Property. There shall be exempted from the assessments, charges and liens created herein all prop- erties to the extent any easement or other interest therein is dedicated and accepted by the local public authority and devoted to public use. - 16 - (Ff!::!,~ q:CJR~"0 BOOK PAGE J 7 4 0 156 I ARTICLE V ARCHITECTURAL STANDARDS SEMiNOLE CO. rL. Section 1. Authority. ~he Board of Directors and the Ci t of Winter S r in s, Flor ida shall have the author i t and stan lng, on ehalf of the Association, to enforce in courts of competent jurisdiction decisions of the committees established in Sect ions 2 and 3 of this Article V. This Article may not be amended wi thout the Developer IS wr i t ten consent so long as the Developer owns any land subject to this Declaration or subject to annexation to this Declaration. Section 2. New Construction Committee. The Associ- ation shall have a New Construction Committee (NCC) which shall have exclusive jurisdiction over all original construction on any portion of the Properties. Until one hundred (100%) percent of the Properties have been developed and conveyed to purchasers (owner-occupants) in the normal course of development and sale, the Developer retains the right to appoint all members of the NCC, which shall consist of at least three (3), but no more than five (5), persons. There shall be no surrender of this right prior to that time, except in a written instrument in recordable form executed by Developer. Upon the expiration of suct right, the Board of Directors shall appoint the members of the NCC in the same manner as provided in Section 3 of this Article for the Modifications Committee. Section 3. Modifications Committee. The Association shall have a Modifications Committee (MC) which shall consist of at least three (3) and no more than five (5) members, all of whom shall be appointed by the Board of Directors. The MC shall have exclusive jurisdiction over modifications, additions, or alterations made on or to Lots, existing Dwelling Units or structures containing Dwelling Units and the open space, if any, appurtenant to such Dwelling Units. Section 4. Review of Proposed Construction. (a) Except for the exemption in Section 11 below, no building, fence, wall or other structure or improvement (including landscaping) shall be commenced, painted, erected or maintained in the Properties, nor shall any addition, change or alteration visible from the exterior be made, nor shall any awning, canopy or .shutter be attached to or placed upon outside walls or roofs of buildings or other improvements, until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the appropriate committee. - 17 - t;-r!'=:f.'~ ?, =: ~ r:" ~ BOC~ i'~GE I 740 /562 (b) Each commi t tee shall approve P~~~R~cI~~. R;- plans and specifications submitted for its approval only if it deems that the proposed construct ion, al terat ions or addi t ions shown in such plans and specifications in the locations indicated will not be detrimental to the appearance of the Properties as a whole, and that the appearance of any structure affected by such proposed construction, alterations or additions will be in harmony with the surrounding structures and is otherwise desirable. Each committee shall adopt design review criteria for submissions, which criteria may be amended from time to time by such committee. However, any proposal or plans and specifications submitted in compliance with paragraph (c) shall be subject to the criteria in effect prior to the date of submission and not to any amendments adopted after that date. (c) Each commi t tee may condi t ion its approval of proposals and plans and specifications as it deems appropriate, and may require submission of additional plans and specifications or other information prior to approving or disapproving material submitted. Each committee may also issue rules or guidelines setting forth procedures for the submission of plans for approval. Each committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, site plans, drainage plans, elevation drawings and descriptions or samples of exterior materials and colors. (d) A commi t tee shall review and approve or disapprove all plans submitted to it for any proposed improve- men t, al tera t ion or addi t ion solely for the bas is of aesthet ic considerations and the overall benefit or detriment which would result to the immediate vicinity and to the Properties. A committee shall take into consideration the aesthetic aspects of the archi tectural designs, placement of buildings, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building or other codes. (e) Plans and specifications showing the nature, kind, shape, color, size, materials, and location of such modifications, additions, or alterations, shall be submitted to the appropr iate .commi t tee for approval as to quali ty of workmanship and design and harmony of external design with existing structures, and as to location in relation to surrounding structures, topography, and finish grade elevation. No permission or approval shall be required to repaint in accordance with an originally approved color scheme, or to rebuild in accordance with originally approved plans and - 18 - ( r F J = ~ ~ ~ ~: ~ C:J K ~l ,) BOCK ~AGE specifications. limit the right owner's Unit, or color desired. Nothing contained herein of an owner to remodel to paint the interior of /740 /563 shall. beSE~~Bct,q~T~ to the Inter l.or O'f" 'such such owner's Unit any (f) Until receipt by a committee of any and all required plans and specifications, such committee may postpone review of any plans submitted for approval. Such committee shall have thirty (30) days after delivery of all required materials to approve or reject any such plans, and if not rejected within such 30-day period, said plans shall be deemed approved. (g) The New Construction Committee and the Modification Committee shall be the ultimate deciding body as to the decisions within its jurisdiction described above and their respective decisions shall take precedence (to the extent such decisions are more restrictive) over all applicable permit requirements and all applicable governmental laws, statutes, ordinances, rules, regulations, orders and decrees. Section 5. Meetings of a Committee. A committee shall meet from time to time as necessary to perform its duties hereunder. Each commi t tee may from time to time, by resolution unanimously adopted in writing, designate any committee representative (who may, but need not, be one of its members) to take any action or perform any duties for and on behalf of such commi t tee, except the grant i ng of var iances pu r suant to Section 10 hereof. In the absence of such designation, the vote of a majority of the members of a committee shall constitute an act of such committee. Section 6. No Waiver of Future Approvals. The approval by a committee of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the committee, shall not be deemed to constitute a wai ver of any right to wi thhold approval or consent as to any s imi lar proposals, plans and speci fica t ions, drawi ngs or other ma t ter s subsequent ly or addi t ionally submi t ted for approval or consent. Section 7. Compensation. Committee members shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder. Each committee however, shall have the power to engage the services of professionals to serve as members of the commi ttee for compensation for purposes of aiding the committee in carrying out its functions. - 19 - ~ ~~~F ;~': ,I,_~ R ~ =:.~,:"~ 80u.\ i)AGE 1740 /564 Section 8. Inspection of Work. Inspection S!~iN'e3fto 'Frd correction of defects therein shall proceed as follows: .. (a) Upon the completion of any work for which approved plans are required under this Article V, the applicant (the "Applicant") shall give written notice of completion to the appropriate committee. (b) Within thirty (30) days after receipt of the notice of completion, the appropriate committee or its duly authorized representative may inspect such improvement. If such committee finds that such work was not completed in substantial compliance with the approved plans, it shall notify the Applicant in writing of such noncompliance within such thirty (30) day period, specifying the particulars of noncompliance, and requiring the Applicant to remedy such noncompliance. (c) If, upon the expiration of thirty (30) days from the date of such notification of noncompliance, the Appli- cant shall have failed to remedy such noncompliance, such committee shall notify the Board in writing of such failure. The Board shall then determine whether there is a noncompliance and, if so, the nature and estimated cost of correcting or removing the noncompliance. (d) If the Board determines that a noncompl iance exists, the Appl icant shall remedy or remove the same within a period of not more than forty-five (45) days from the date of announcement of the Board ruling. If the Applicant does not comply wi th the Board ruling wi thin such per iod, the Board, at its option, may either remove the noncomplying cons t ruct ion al ter a t ion, addi tion or improvement or remedy the noncompliance, or bring legal action against the Applicant to enforce compliance, and the Applicant shall reimburse the Association, upon demand, for all expenses incurred in connection therewi th. If such expenses are not promptly repaid by the Applicant to the Association, the Board shall levy a special assessment against such Applicant for reimbursement. (e) If for any reason the appropriate committee fails to notify the Applicant of any noncompliance within thirty (30) days after receipt of the written notice of completion from the Applicant, the improvement shall be deemed to have been made in accordance with. said approved plans. Section 9. Non-Liability of Committee Members. Neither any committee nor any member thereof, nor any committee's duly author ized representatives, shall be liable to the Association or to any Owner or any other person or entity for any loss, damage or injury arising out of or in any way connected - 20 - r ;- f j ~: .~. ~ ~ ~ ': c' F.:~' ~ BOOK rAGE 1 740 1565 wi th the performance or non-per formance of a commiSE~~"~C6?~l its members' or authorized representative's duties under tE1S Article v, unless due to the willful misconduct or bad faith of a member and only that member shall have any liability. Section 10. Variance. A committee may authorize variances from compliance with any of the design review criteria established by it when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations require. Such variance must be evidenced in writing and signed by at least a majority of the members of such committee. The granting of such a variance shall not, however, operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular property and particular provisions covered by the var iance, nor shall it affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting the Owner's use of the premises. Section 11. Developer's Exemption. The Developer shall be exempt from the provisions of this Article V with respect to construction, alterations and additions to be made by Developer and shall not be obligated to obtain committee approval for any construction or changes in construction which the Developer may elect to make at any time. Developer is not exempt. howevpr. from the Ci ty of Winter Spr inqs requirements for the PrID ~nd subdivision requlations. Section 12. At torneys' Fees. For all purposes neces- sary to enforce this Article, the Association shall be entitled to collect reasonable attorneys' fees, court costs and other expenses against an Owner, whether or not litigation is insti- tuted, and the Board may assess such amounts in the form of a Special Assessment. Section 13. City Code. No approval pursuant to this Article V shall in any way permit any violation of the City of, Winter Sprinqs Code. ARTICLE VI INSURANCE (a) Property and casualty insurance on the Common Properties shall be maintained through the Association, in an amount equal to the maximum insurable value thereof. All damaged property shall be repaired and restored to the original condition using the proceeds of the insurance and, if the insur- ance proceeds are inadequate to cover the costs of such repair and restor at ion, Special Assessments. In the event that the - 21 - rrrJ:~~~ p,:::,;_~ BOCK ?ASE 1 740 1566 insurance proceeds shall be greater than the amounts~!fij.~Lto repair and restore the damage, the excess shall be depos~tea w~~h the Association for the operation of the Association and/or main- tenance of the Properties. Prior to the end of each policy year, the Association shall cause the insured properties to be reappraised and shall adjust the insurance coverage so that the Common Properties are insured for their maximum insurable value. (b) The Association shall also purchase such other insurance as may be necessary on the Common Properties and for purposes of properly operating the Association. The Associa- tion may also purchase liability insurance covering the Associa- tion's Directors and Officers, if such insurance is available. (c) The premiums of all insurance policies purchased by the Association shall be deemed to be general expenses for the Association and shall be paid by the Members through General Assessments. ARTICLE VII MAINTENANCE RESPONSIBILITIES OF THE ASSOCIATION Section 1. General Maintenance. The responsibility for the maintenance of the Properties is divided between the Association and the Owners. Maintenance of Lots and Dwelling Units are the responsibility of the Owners. Any costs and expenses incurred by the Association in such enforcement shall be assessed to the Owner(s), as applicable. Section 2. Lakes, Canals and Drainage Areas. This Association shall have the obligation to maintain all lakes, canals and drainage areas in good condi tion as to aquatic weed control and any other maintenance and drainage problems not handled by the City of Winter Springs, Florida. Section 3. Roads. The Association shall maintain and cut the landscaped or grassed area wi thin the median str ips in the Roads to the extent permitted by the City of Winter Springs. Section 4. Dissolution of Association. In the event of the dissolution or termination of the Association, the City of Winter Springs shall not be obligated to carry out any of the maintenance obligations of the Association unless such obligations are undertaken by way of a resolution of the City of Winter Springs Commission. Section 5. Management Services. The Association may contract for the management of all or part of the Common Proper- - 22 - [rfj~:.~~ q::::~:~:~ BOCK PAGE I 740 1567 ties and any other Association duties for purposes ofS~f@'t~<tL out all or a portion of the maintenance services providedHfor in . this Declaration. Section 6. Maintenance of Masonry Walls. (a) Any masonry walls surrounding portions of the Properties shall be maintained by the Association, and a perpetual easement of ingress and egress over the Lots, land on which Dwelling Units are located, and any common areas of Neighborhood Associations (if any), abutting such masonry walls is hereby granted to the Association for purposes of repair, construction and maintenance activities related to any such masonry walls. No Owner shall use any such masonry wall as support for any walls on the Owner's property. > < ARTICLE VIII PERMITTED AND PROHIBITED USES Section 1. Mining or Drilling. There shall be no mining, quarrying or drilling for minerals, oil, gas or other- wise. Dredging and excavating, and installation of wells and pumps, are permitted in connection with the construction or reconstruction of Common Properties or Dwelling Units. used or garbage. Section 2. maintained Trash. No part of the Properties shall be as a dumping ground for trash, rubbish or Section 3. Parking. (a) The parking and storage of automobiles and other motor vehicles, including but not limited to commercial and recreational vehicles, shall not be permitted on the Properties except in certain designated areas, if and when the Board of Directors designates such areas. By way of example but not limi- tation, this provision shall apply to all cars, boats, campers, trailers and vans. (b) The Board of Directors is specifically author i zed to promulgate addi t ional rules and regulations per- taining to parking, and the Board of Directors is specifically granted by this Declaration the right to enforce this Declaration and the park ing regulations by au thor i zing and di rect ing , or contracting with a duly licensed towing company for, the towing of vehicles which are in violation of the parking regulations. - 23 - f r = ~,l i .; ~:-.., ( ., 'Jr" 8CC,'\' .~,..,- "'"'~'pAGE 1740 1568 Section 4. Signs. No sign of any nature w~M$OtE{V~ Fl. shall be erected or displayed upon the Common Properties except where express prior written approval of the size, shape, content and location thereof has been obtained from the DRC, which approval may be arbitrarily withheld, except that withholding of consent by the DRC for advertising and promotion of the Proper- ties shall not be arbitrary or unreasonable. Section 5. Additional Temporary or Permanent tures; Walls. No structure of a temporary or permanent ter, shall be used or erected on any of the Properties prior approval of the DRC. Struc- charac- without Section 6. Animals. All pets shall be leashed and controlled while on any part of the properties not owned by the owner of that pet and shall not be allowed to become a nuisance. Section 7. Nuisance and Trespassing. Nothing shall be done on any part of the Properties which may be or may become an annoyance or nuisance, such question shall be submitted to the Association for a decision in writing, whose decision shall be final. The Board of Directors shall have the authority to have any unauthorized person or vehicle arrested or removed from the Properties. Section 8. Weeds. No weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon any part of the Properties, and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon, and in the event that any Owner shall fail or refuse to keep his Lot or Dwelling Unit(s) free of weeds, underbrush or refuse piles or other unsightly growths or objects, then the Association may enter upon such Lot or Dwelling Unit(s) and remove the same at the expense of the Owner, and such entry shall not be deemed a trespass. Section 9. Additional Rules and Regulations. The Developer, until the Turnover Meeting, and thereafter the Board of Directors of the Association, may establish such additional rules and regulations as may be deemed for the best interests of the Association and its Members for purposes of enforcing the provisions of this Article VIII. Section 10. Right to Abate Violations. The Association or the Developer, prior to the Turnover Meeting, and the Associa- tion thereafter, after reasonable notice and opportunity to cure a violation given to an Owner, may cure the violation and charge the cost thereof against the Owner as a Special Assessment. - 24 - ~rr!2!!\! P~''''~'~''-\3 sou; . -'.--'~AGE I 740 1569 Section 11. Exemption for Developer. TlieHI~meweo..~~r, provided that it owns any Lot or Dwelling Unit in the Properties or in the event that the Developer is doing construction work within the Properties, shall be exempt from the provisions of this Article VIII. ARTICLE IX ENFORCEMENT PROVISIONS Section 1. Rules and Regulations. The Board of Direc- tors is specifically granted the power to pass rules and regula- tions for purposes of enforcing this Declaration. No such rules or re ulations shall in an wa violate the Cit of Sprlngs Co e. Section 2. Enforcement - General. Failure of an Owner to comply with a provision in this Declaration or a provision in the By-laws, Articles or Rules and Regulations of the Association shall provide the Association and each Owner wi th the right to bring legal action in law or in equity, including but not limited to an action for lnjunctive relief, damages, or a combination thereof. All costs and expenses incurred by the Association in terminating or resolving a violation of this Declaration, inclu- sive of attorneys' fees (whether or not litigation is instituted) shall be the responsibility of the Owner determined by the Asso- ciation to be in violation. Collection of such attorneys I fees may be enforced by any method in this Declaration providing for the collection of a General Assessment, including but not limited to a foreclosure proceeding. In addition, at its option, the City of Winter Springs, Florida shall have the right to enforce any and all of the provisions of this Declaration. ARTICLE X DEFINITIONS Section 1. General Reference. Throughout Declaration, various terms have been defined. Some of terms plus additional definitions are set forth below. this these Section 2. Specific Definitions. shall have the following meanings: The following words (a) "Articles" means the Articles of Incorpora- tion of the Association. - 25 - ~ rr]~::~~ ~~::R'13 sou, P,~GE 1740 I 570 (b) "Assessment" means any GenE9E~~Olli~$f?JTlent, Special Assessment or other charge as described in Section 1 of Article IV. I (c) "Assessment period" shall mean a quarter commencing the first day of December, March, September, respectively, of each year, unless otherwise by the Board of Directors. calendar June and provided (d) "Assoc ia t ion" shall mean and refer to Mt. Greenwood Community Association, Inc., whose purpose is to administer the Proper ties in accordance wi th the provisions of the Land Use Documents. (e) "Board" means the Board of Directors of the Association. (f) "By-laws" means the By-laws of the Associa- tion. (g) "Common Proper ties" shall have the meaning set forth in Section 1 of Article III of this Declaration. (h) "Developer" means AmeriFirst Development Corporation, a Florida corporation, and its successors and assigns. Any rights specifically reserved to AmeriFirst Develop- ment Corporation in any instrument of conveyance shall not inure to the benef i t of its successors or assigns unless such rights are assigned by AmeriFirst Development Corporation in a recorded instrument to such successor or assignee and such successor or assignee accepts the obligations of Developer. The Developer may assign or pledge any or all of its rights reserved under the Land Use Documents upon a specific designation to such assignee in an instrument of conveyance or assignment. Reference to AmeriFirst Development Corporation as the Developer is not intended, and shall not be construed, to impose upon AmeriFirst Development Corporation any obligation or liability for the acts or omissions of thi rd parties who purchase Lots wi thin Mt. Greenwood from AmeriFirst Development Corporation and develop and resell such Lots. (i) "District" shall have the meaning set forth In Section 3 of Article II of this Declaration. (j) "Dwelling Unit" means any residential dwelling unit intended as an abode for one family constructed on the Properties including, without limitation, an attached or detached single-fami ly home, an at tached townhouse dwelling, a villa, an attached duplex or other multiplex-dwelling, or any apartment-type unit contained in any multi-unit residential - 26 - L~.~;=:~,~ ~,~:~~\'_:; BOCK PtGE 11 4 0 157 I building and whether any of the foregoing areEtI.m:JtEjOO:tfL.to fee simple, cooperative, condominium, rental or other forms of owner- ship and possession. (k) "First Mortgagee" shall mean and refer to an Institutional Lender who holds a first mortgage on a Lot or Dwelling Unit and who has notified the Association in writing of its interest in the Lot. (I) "General Assessment" shall mean and refer to assessments levied to fund expenses applicable to all Members of the Association pursuant to the budget of the Association. (m) "Institutional Lender" shall mean and refer to one or more commercial or savings banks, savings and loan associations, mortgage companies, insurance companies, pension funds, or business trusts including but not limited to real estate investment trusts, and any other lender engaged in financ- ing the purchase, construction, or improvement or real estate, or any assignee of loans made by such lender, or any pr i vate or governmental institution which has insured the loan of the lender, or any combination of the foregoing entities. (n) "Land Use Documents" shall mean this Declaration, the Articles, By-laws, and any and all Rules and Regulations promulgated by the Board. (0) "Lot" shall mean and refer to each portion of land shown upon each Plat within the Properties which has been designated by the Developer to contain a Dwelling Unit. (p) "Master Land Use plan" shall mean and refer to the Mt. Greenwood PUD approved by the City of Winter Springs, Florida, as it may be amended from time to time. (q) "Member" shall mean and refer to all those persons and entities who are members of the Association as pro- vided in Article II, Section 1 hereof. (r) "Neighborhood Associa t ion" means a Flor ida corporation not-for-profi t: (i) responsible for administer ing one or more condominiums which may be created in Mt. Greenwood: or (ii) responsible for operating a non-condominium "Neighborhood" wi.th non-condominium "Dwelling Units" and/or "Lots", the owners of which are members of the Neighborhood Association. (s) "Neighborhood Declaration" means: (i) the Declaration of Condominium by which a particular condominium in Mt. Greenwood is submitted to the condominium form of ownership - 27 - ~fi=~!.~ ~.~:='F\~IS BOCK PAGE 1740 /572 and all amendments thereto; or (ii) a land use dO~~O~~f~rded in the Public Records of Seminole County and all amendments thereto which establishes that the Owners of non-condominium Dwelling Units and/or Lots within portions of the Properties are members of a Neighborhood Association (as distinguished from this Association) and whereby certain covenants and use restrictions have been impressed upon por t ions of that Neighborhood (other than this Declaration). (t) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or Dwelling Unit but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired fee simple title pursuant to foreclosure or any proceeding in lieu of fore- closure, such as acceptance of a deed in return for release of liability or agreement not to me. (u) "Person" means a natural person, a corporation, a partnership, trustee, or other legal entity. (v) "Properties" shall mean and refer to the real property described in Exhibit "B" attached hereto and shall further refer to such addi tional property as may hereafter be annexed by Subsequent Amendment to this Declaration or which is owned by the Association. (w) "Road" shall mean those private streets, roads, terraces, drives, cul-de-sacs, courts, and avenues includ- ing the entire rights-of-way as designated and set forth on the Plat. (x) "Single Family" shall mean and refer to either a single person occupying a dwelling and maintaining a household, including not more than one authorized tenant; or two (2) or more persons related by blood, marriage, or adoption occupying a dwelling and living together and maintaining a common household, including not more than one authorized tenant; or not more than four (4) unrelated persons occupying a dwelling as distinguished from a group occupying a boarding or lodging house, hotel, club or similar dwelling for group use. (y) "Special Assessment" shall mean and refer to assessments levied in accordance with Article IV, Section 6 of this Declaration. (z) "Neighborhood" shall have the meaning set forth in Section 4 of Article II of this Declaration. meaning set Declaration. (aa) "Neighborhood Assessments" shall forth in Section 2 of Article III have the of this - 28 - ~ ~;;~.'.'lL ~:~:- ~~, -I:~ BOOK - P~GE 1740 1573 (bb) "Subsequent Amendment" shall ~fJrn.E C(p'~L. amendment to this Declaration which adds additional property to that covered by this Declaration. Such Subsequent Amendment may, but is not required to, impose, expressly or by reference additional restrictions and obligations on the land submitted by that Amendment to the provisions of this Declaration. (cc) "Voting Member" shall have the meaning set forth in Section 3 of Article II of this Declaration. ARTICLE XI GENERAL PROVISIONS Section 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, the City of Winter Springs, Florida, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from the date this Declaration is recorded. After the original thirty (30) year period, the covenants and restriction3 contained in this Declaration shall be automatically extended for successive periods of ten (10) years unless prior to the end of such thi rty (30) year per iod, or each successive ten (10) year period, an instrument signed by the then Owners of two-thirds (2/3) of the Dwelling Units agreeing to terminate the covenants and restrictions at the end of such thirty (30) year or ten (10) year period has been recorded in the Public Records of Seminole County. No such agreement to terminate the covenants and restrictions shall be effective unless made and recorded at least ninety (90) days in advance of the effective date of such change. This Section may not be amended. Section 2. Enforcement. Enforcement of these cove- nants and restrictions shall be permissible by any proceeding at law or in equi ty 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. Section 3. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 4. Amendment. This Declaration may be amended during the first twenty (20) year period by an instrument signed - 29 - . F ;:- : ,"> : '! ;;:- r - ; 'j '~ BOOK' '"~. ......'PAsE 1740 I 574 by Owners of not less than ninety percent (90$ijMIHfifE CtObel. total number of Lots and Dwelling Units and thereafter by an instrument signed by Owners of not less than seventy-five percent (75%) of the total number of Lots and Dwelling Uni ts. Developer shall have the right at any time within five (5) years from the date hereof to amend this Declaration to correct scrivener's errors and to clarify any ambiguities determined to exist herein, or to change or add provisions to this Declaration for the purpose of meeting the requirements of governmental agencies, including but not limited to the Federal Housing Administration and the Veterans Administration. Such Amendment need be executed and acknowledged by the Developer only, and need not be approved by the Assoc ia t ion, uni t Owner s, 1 ienor sand mor tgagees of uni ts, whether or not elsewhere required for amendments. No Amendment shall alter the subordination provisions of this Declaration without the prior approval of any mortgagee enjoying such protection. All such amendments shall be subiect to the approval pf the City of Winter SprinQs, Florida. Section 5. Temporary Committees. The Developer, prior to Turnover of the Association, at its sole discretion, may create temporary commi ttees for the purpose of aiding in the transition of the Association from Developer control to contLol by the Membership. Section 6. Conflict. This Declaration shall take precedence over conflicting provisions in the Articles of Incor- poration and By-laws of the Association and the Articles shall take precedence over the By-laws. Section 7. Wi thdrawal. Anything herein to the con- trary notwithstanding, the Developer reserves the absolute right to amend this Declaration at any time, without prior notice and without the consent of any person or entity, for the purpose of removing certain portions of the Properties from the provisions of this Declaration. Section 8. FHA/VA/FNMA/FHLMC Approval. As long as there is a Class B membership, the following actions will require the pr ior approval of the Federal Housing Administration, the Veterans Administration, Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation, where any of such entities has an interest: mergers and consolidations, mortgaging of Common Properties, dedication to a public body of any of the Common Properties, dissolution and amendment of this Declaration, and annexation of additional properties. (Section 9. City of winter Springs Code. Nothing) herein shall be construed as a waiver or alteration of a specific City of winter Springs Code section applicable to Mt. Greenwood." - 30 - ( r f : ~ : ,~L P. ~~ C I~ ~, :; ~ BOOK ?t.GE 1740 1575 IN WITNESS WHEREOF, this Declaration of <8EM~O~&P. F@.nd Restrictions has been signed by Developer, the day and year first above set forth. ....... AMERIFIRST CORPORA By: t:. .., c. Attest: Jean ~.~p~eSident Trin~.", St:I:;retary . :5~ ~~EA~ .Y': n. Cl ':- ' ...:. o D-. f'. . Cl~" ~E'3ELcW:R~: o} '. '? ~ C/) .. i:::':: /' "Y> ~ . .1 ...... /: .' V;". ....'--\...' .......-< til( ll~1'\> . , ,.,"" STATE OF FLORIDA SS: COUNTY OF I HEREBY CERTIFY that on this day~~ersonally appear~d before me, an officer duly authorized to take acknowledg- ments, C. Philip Wallis Senior Vice President and Jean Trinder Asst. Secretary respectively of AMERIFIRST DEVELOPMENT CORPORATION, a Florida corporation, to me well known to be the officers who executed and placed the Corporation's seal on the foregoing instrument and acknowledged the execution thereof to be the free act and deed of such Corpo- ration for the uses and purposes therein mentioned. My Commission Expires: '.-"0).' State ~JHI\ r'L1fH fr, ~TAP~ or t.' QRIOA !:~ CG!~~T~~l];, ~;:P Jt.LJ' 2~.1989 li;;~ccfJ ;;nu GE'C:"Al iNS. UNO. MT. GREENWOOD COMMUNITY ASSOCIATION, lNC.! C- By: C. Philip Attest: ?J.,. Jean Trinder . H- Secretary 1.\\\ \ .. ..::""'~~~l CO,.?/> :::: --..g~tt.) . " q;-\ :: -~ ~ . ")..... ::...... 0 V. L....' u \~ l~~ ~: C\ '. (~ ^',.: -~.~ :;,. .? '\ : 'q; :.:~ . d" \~" .:- .- " , . <.""J.... . 'V'/I, .' ~" . C' .iJiV . ~\. ' 1; seal in the count]\. 19 8 6 . .~ WITNESS my hand and of f ic ial state aforesaid this ~ day of ~UIV€ ~.' 4 / - 31 - L Ff:C,;!. L ~: t: C C Fl~: ,;: BOOl\ PtGE 1740 I 576 STATE OF FLORIDA SS: SEMINOLE CO. FL, COUNTY OF I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to take acknowledg- ments, C. Philip Wallis , Senior vice President, and Jean Trinder Asst. Secretary, respect i vely, of MT. GREENWOOD COMMUNITY ASSOCIATION, INC., a Florida corporation, to me well known to be the officers who executed and placed the Corporation's seal on the foregoing instrument and acknowledged the execution thereof to be the free act and deed of such Corporation for the uses and purposes therein mentioned. CDROl42 NOTARY rUBlIC STATE OF FlOQrC4 ~Y COH~I,S;ON EAP JULY 29,1969 BJNCEO TH~U GENCRAl INS. UNO. seal in the county and , 1986. \\".,tU"""""" /" ~ ',:r F. ~t [;"", ,', I "S ............. "Il/~ - 'Y' I , ,.~I , , I' }.. ..,. ~ r-. l- I / -t'; ;//t...{ .,L1i~ ~_1/ I/.) I ". /,1 / ,': Nlf/ .;...~ ....:.<--.. 'I 'NOTARY ptJBLIC ,,0;. "' O.~ "', ~ ~. "l',..~. C"- - State of Flor ida a~ ~r8€ I. ;" } ~ ~ ~ v~_ "... ..... _: I. ;. ~,,) ....- ~:~. ,- ........ I"~. ~ \.t& r .....:: ..",,;....?~.. -'1...~1~...\'<r,....." #'1 .... ;I "...... '~",,,....,,"\\\ WITNESS my hand and official state aforesaid this ~ day of '-Hi/v'. /1 i' My Commission Expires: - 32 - EXlIIBIT 11. LEGAL DESCRIPTION A porti.on ot ~locl( "0" of D. JL Mitchell', Survey of tne MoliU E. ~vy Gr.nt.. .$ recorCleo 1.n. l'lat buOK 1 at Page 5 of toe Puelic Record, of Sc:al1.nole County. Flona~. l>t:ing io S~ctlons 1 oiInd :!. Towmsnip 21 Sourn. K-.o6e 30 EaH. .and Ih~.I.II~ IAOr~ p.Ht1.cu1.arly de"crib~d a, follow,,: ~b1.n at th~ Nurtn~ali t. curner of Lot 1. Block. "c". Nortn Orlando R..ancne, S~c. 4. 03:> n:corded in Plat ~Ol(, U at Pa~e 35 of tne Public iecords of Selllinole Cuunty, fluC1.d.. tn~nce run Sb':leOO'J7"W, .a discance of 375.ll0 teet to tne rion:nwelOt curner of aa1.d Lot 1; tbeoce run SOO-53'23"E. a d1..tance 01 1379.09 feet to tile ~utnwtl:it corner of Lot 3, Block. "A", of ..11.0 Nortn OrlOindo R"IlCh~, Stn:. 4, la1.d point bein!; 00 tbe Norttl r1.~nt-ot-w.ay lin~ ot 8<i1h~ Kudd 0I1i litluwo by toe pl.at of Nortll Orl,llnoo ~ncncli Sec. 1, "oS recurded 10 Pl.at bUOll 12 at PMgC 3, of th~ Puolic l\ecorJ. ui Selllillole Cuunly, .'lorid.; toence run SI:l9-,54'S4"IoI, .aloog .ald NOl:tll r1.c:.ilt-ut-W.JY line. 01 dilotal~ct: of 54&.12 fc:et to the Eastel:ly corner ot wt 1, zlioCI( "A" u! bai.l.! Nurtn Or 1.1000 kalLclles Stlc. 1; thence run N73"23'43"W. alone; tne: N"rtncrly line of said ~lock "A", a dilltanc~ of 2309.2'1 feet to tnt: Northwe:>t C\lrner of lout 3, of alaid ~locl(, "A", s.id po~nt !H!log Sltudt~d on tno! EMat ri6nt-of-....ay 11.ne of MUllS Ruad bCln~ on d curve concave hunllc.uiterly n.1v1.n1; a raOlU. of 1l:Hl9.94 feet; thence alon~ .a Nortne:rly o!xtellHun of s.aul Ea"t ri~nt-of-way line, from. tan~tnt oe.1ring oi NU-Ol'Ob"W, torougn 61 central llo;;le ot U.01'06", run Nortnt:rly 31un~ tne arc of ,aid curve, a distance of 363.45 feet to .a ~oint of tangency, a.1.d pOlnt bein~ aituated on .a Southerly eXtenSlon of tn~ E.st r1.~nt-of_ay llne oi "-.18:0 I(o..d .u .nolom on the Plat of Horth Orlando, 2nd Addi.tlon a. record~d in Pl4t aook 12 at Pages 55, 56 and 57 of Lne: Publ1.c RecorJ. 01 Sc~~oolc County, Florida; to~nce run North tllUU.OO'OU"E) .al.JOK a...i.d South~rli ex.teolloluO, .. cJist.ance of 937.92 feet to 4i IJ01.0t. lIaua(~d 355.UO teet South of tne Souto T1gnt-ot-w3Y bne of Youn~ ~oad .u snololO on th~ P101t of said NOl:th Orl.lOdo, 2nd Addaion; tncnc~ run E.ut (N9u.Ju'OO"!::). a di.stance of 433.81 feet; tnence N41e20'QO"r:, . dut.1ncc uf 367.d8 feet to toe p010t ot curvalure of .a cur.,~ conc.ve loIeaterly h,jv1.n~ .. r.Jius of 210.00 fo!~t; thence tnrouch .a co!otral .aoGle ot 63e~O'OO", run N\lrth~rly along the .arc ot said curve, .. d~5t.Oillce 01 ~J~.lJ fc:et to a point of t.ntcncy; toence run Nl1.0U'UO"IJ, .. al:H..wce or 330...7 feet; Lnull'::.: Wellt tN~U"UU'LlO"W), a dllttance ot :l'JU.OO Ieet to 01 pOlnt on tile f..lit riKnt-oi-way li.l\e of sa1.d Mosli Road; thence run Nortn O~UO-uO'OO"t.:). l1lonK :l.ud East rq~ht-oi-way line, a distance of ~J:5..J1 fc.!t to ti p.Hnt utU.:1te:d 1400.00 feet Soutn (oy perpcnJlcular lkiiSur~~ot) of till: South ri,:llt-of-..<JY line of State Road No. 43~ (J..ong....ooo W1.t~(jo II.UeAd lOa' rq~nt-of-w..y); tn~nce run S88"23'42"1::, parallel wah sud State kOlliJ No. 434, a dl5t.ance of CJbO.l1 feet to the p01nt ot cUrv4turl! ut .. curvl: Concave Nortnerly havini: a r.adius of 2730.00 f~et; thellCI: througn .. c~ntl:al Angle ot 18.5]'41", run Northc...>t:t:rly .10.>06 tlu~ ilrc of __id curvl:. a dilltance of 903.46 feH to.. point I.>i t.u~ency; tncLlC~ cOLlt1.nuin~ paralltd with laid St",te .w.cJ No. ~J4, run N72-Jtj'J]"r:, iI dllit.'lCl: at 1404.14 f~et to .. point on th~ West r1.j~l\t-ut-..ay linl: of Haye. Aload al 6tloWll OQ th~ Pl.at uf Horth Ol:lando ~L1CII~1I Sec. 2A. oiIa1 rl!cor.Jo!L1 1Q Plat Bool( 12 at Page. 39,40 .nd 41 of thl: P"b11C kccul:d. of S,:uu.lIu11: Cllunty, t'l\lridOl; thence run SQO-5J'2j"E, a ~ut.nce ot :/.146.47 L.ct to tho! P01.nt of !k!jS1.nning. ~nt.:11.nin~ 190.3b4 aCI:C. ~re or lell. <f) 111 G:) CJl C) r~l C) Cl r.:) .. Pl c-: o '1 r- C) .. '- ( 0.) I': E':IiIElT B DESCHIPTIClt; Unit One of Mt, Greenwood, Sections 2 and 3, Township 21 South, Range 30 East, City of Winter Springs, Semlno1e County, Florida, as recorded in Plat Book 34, Pages 90-92, Public Records of Seminole County, Florida. More particularly described as: A POP1JON OF BLOC~ '0' OF 0 A ..rrCHELL S SURvEY OF T...e: l40SES E LEVi' GRANT, AS RECORDED IN PL"T BOO~ I, P..GE 5 PUBL IC RECOROS OF SE~INOLE COUNTi', FLOROIA BEING IN SECTIONS I AND 2 TO~NSHIP 21 SOUTH, R..NGE 30 EAST. AND BEING ..ORE PAPT IClIL..RL i' uESCkI8EO AS FOLLO~~ CO......ENCING AT THE NORTHl~ST CORNER OF LOT I, BLOCK 'C', NORTH ORL..NDO RANCHES SlC . AS RECORDED IN PLAT BOOK 12. PAGE 35 PUBLIC RECORDS OF SE"INOLE COUNTi' FLORIDA, RUN NOO'53'23'~, ALONG THE WEST RIGHT-OF-w..Y LINE or H..YES RO"O AS SHOWN ON NORTH OGL"NOO RANCHES SEC 21. AS RECOAOED IN PL"T BOD~ 12 P..GES 39 -., PUBLIC RECOAOS OF SEMlNOLE COUNTY, FLORID.. .. DISTANCE OF 2.9 67 FEET FOR .. POlNT OF BEGINNING. THENCE 582'.5 31'W, .. olSTANCE OF 150 95 FEET THENCE 579'45 29'~ .. DISTANCE OF 10016 FEET, THENCE SB1'01 06'w, A DISTANCE OF 7B.7 FEET. THENCE 589'05'14'W A DISTANCE OF 78 O. FEU, THENCE 1'189' 10 OO'W, A DIST..NCE OF 3451-J'EET: THENCE N7B' 26' 21'w. A DlSTANCE OF ,51 23 FEET: THENCE N72' 42' 4.'W. A DISTANCE OF )686 FEET: THENCE N57"5'35'E, A DISTANCE Of 42.79 fEET: THENCE N38'D,'56'W, A DISTANCE OF 5590 fEET: THENCE "'3"07'17'W, A DISTANCE Of 33 70 FEET: THENCE N18'47'06'W, A DISTANCE OF 119,77 fEET. THE"'CE NI3'5,'57'W. .. DISTANCE OF 91.03 fEET: THENCE ~05'00'00'W, A DISTANCE OF 98 08 FEET: THE"'CE N20' '0 '5'E. .. DIST"NCE OF 9. 66 FEET, THENCE N20'25'05'E, .. oIST.....CE Of 22500 FEET. THENCE N\.'56'58'E, A DlSTANCE OF 6871 fEET, THENCE N06'27'28'E, .. DISTANCE OF 68 71 FEET, THENCE 1'105' O. 03'w. .. DISTANCE OF 76 I' FEET, THENCE NIO'56'26'W, A DISTANCE OF B8 17 FEET. THENCE N32'3)'26'W, A DISTANCE OF 14 02 FEET, TH(NCE N31'09'19'(, .. DISTANCE OF 20294 FEET: THENCE N55"2'08'W, Ii. DIST.....CE OF 182 78 FEET TO THE POINT OF CUIWAT~E Of .. C~vE. CON- C..VE SOUTHERLY, HAVI"'G .. CENTRAL ANGLE OF 51.' 12' 22' ~ Ii. RADIUS Of' 325 00 FEET: THE"'CE A\..IN WESTERLY ALONG THE ARC OF SAID CURVE. A DIST..~CE 307,47 fEET TO THE POINT OF TANGENCY, THENCE S70' 05' 29'W, A DISTANCE OF 23 27 fEET: THENCE NIO' 56' 13'W. A DISTANCE OF &0. H FEET; THE...CE S70'05'29'W, A DISTANCE Of 125,02 fEET: THENCE N17'21'23'W, A DISTANCE Of' 26805 FEET: THENCE N72'36'37'E, A DISTANCE OF 7500 fUT: THENCE ",P'21'2)'w. A DIST..NCE OF 25 00 fEET TO A POINT SITUATED 1.00 00 fEET SOUTH lBY PERPENOI- CULAR M(ASURE"E...TI OF THE SOUTH RIGlH-OF-llfAi' LINE or STATE ROAD HO, 434 (LONGwOOD-OVIEOO ROAD, A 100' RIGHT-Of'-w..i'): THEM:E ti72')II' 37'E. PARALLEL WITH SAID STATE ROAD NO, 43', A DISTANCE OF 1093 21 FEET TO A POINT ON THE \fEST AIG,n-()f'-WAY LlNE Of SAID HAYES ROAD: THENCE SOO'~)'23'E. A DISTANCE Of' 11196.110 FEET TO THE POINT or &EGINNI~, CON'T AINI...o 211.~. ACAES HOAE ()fl LESS. AND Unit Two of Mt, Greenwood, Section 3, Township 21 South, Range 30 East, City of Winter Springs, Seminole County, Florida, as recorded in Plat Book 35, Pages 19-21, Public Records of Seminole County, Florida. More particularly described as: ~EG'", 'G ..T THE NOl<THWEST COl<NEI< OF LOT I BLOC' B. UNIT ON~ or "OUNT CHE,lwDDO, AS REC0>10EO IN PLAT BOO~ 3+ P"GES qO-qz. , PUBLIC RECORlIS OF SEMINOLE COUNn. FlO>1I0" RUN 531'09' 19'W. ALONG THE WEST LINE OF 5..10 BLOCK B .. DISTANCE OF 273 93 FEET. THENCE OEPAI<TING SAID ~EST LINE RUN N5B'50 ol'W. A OIST"NCE OF 136 II fEET TO THE POINT Of CURv..TURE OF A CURVE CONCAVE SOUTH- ERLY, HAVING.. CENTRAL ANGLE OF .B'oo 33' ANO A R"OJUS OF 13000 fEET THENCE RUN EASTERLY ALONG THE ARC Of SAID CURVE . DISTANCE or "0 59 FEET TO THE POINT or TANGENCY. THENCE 572'20 06"w. A OIST"NCE or 92 35 rEET TD I~E PDINT DF CURVATURE OF A CURVE. CONCAVE SDUTHEASTERL Y. HAVING A CENTR,," "NGlE DF 07'37 37' ..NO A R"OIUS OF 130 OD FEET. THENCE RUN SDUTHWESTERLY ALONG THE ARC Dr 5..10 CUI<VE, A DISTANCE Of lOB 06 fEEl TO THE POINT OF TANGENCY, THENCE S2.'47'OB'W, .. DISTANCE or 2.079 FEET, THENCE 530'50 27'E. A DISTANCE OF 2353 FEET: THENCE S69'OB 29''', A DISHNCE 0' 20B 00 fEE~ THENCE 520'11 31'E, A DISTANCE OF 72 25 FEET, THENCE 569' oB 29'.., A DISTANCE OF 60 00 FEET, THENCE N20' II' 31'W, A DISHNCE 157 B7 fEET, THENCE 569' oB 29'W, A OISTANCE Of 25 00 fEET, THENCE N69' 4B 29'E. .. DISHNCE or .0 00 FEET. THENCE N69' OB' 29'E, A DISTANCE OF 25 00 FEET, THENCE N20'II 31.... A DISTANCE Of 10. 37 FEET TO THE POINT or CURVATUAE OF .. CURVE CONCAVE EASTE"" Y. HAVING.. CENTRAL ANGLE OF 90' 17 01' AND A R"OIUS OF 360 00 fEET, THENCE RUN NORTHERLY ALONG THE ..RC OF SAID CURVE. .. DIST"NCE OF 567 27 fEET TO THE POINT Of T"NGENCY. THENCE N70'05 29'E. .. DIST"NCE OF 31' ,3 FEET TO THE NORTHWEST CORNER or OOLPHIN RO..D. AS RECORDED IN SAID PL..T BOO. P"GES THENCE SID' 56 13'E. A OISTANCE Of 60 7A FEET TO THE SOUTHWEST CORNE" Dr SAID DOLPHIN RO"O, THENCE '00' 05 29'E, ALONG TH[ SOUTHERL Y RIGHT-Of-....Y LINE OF 5..10 OOLPHIN RO"D, .. DIST.....C[ or 23 27 fEET TO THE POINT Of CURV"TURE OF .. CURVE. CONCAVE SOUTHERLY, HAYING.. CENTRAL ANGLE Of !l" 12'22' ANO .. R"DIUS Of 325 00 FEU, THENCE RUN ALONG THE ARC OF SAID CURVE, A OISTANCE OF 307.7 FEET TO THE POINT OF TANGENCY, THENCE S55"2 OS'E, .. OISTANC[ OF IB2 7B FEET TO THE POINT OF BEGINNING CONTAINING 9 519 ACRES "ORE 0>1 LE 55 0:> ......1 (.f) 0 r'l U1 (~ -- 0 C::> I ;.. fTl 0 , 0 <' .., C::> , !.- " C) -::=- I r: r-" V\/., II;! ) \' '" ~?j Prepared by and~eEtlfn to. Suzanne C. Arnason Blackwell Walker Fascell & Hoehl 23rd Floor, AmeriFirst Building One Southeast Avenue Miami, Florida 33131 RE\U~~ \0', e \\'1 0 f' w "'~ T\:: \'<.. S PP. \ N <i.. <:> W\\ "l~ E. S.'O.., ^ -:s~- \;~\N\GR SP\1-.\lJG. SI FL "3110CO SUPPLEMENTAL DECLARATION '1'0 DECLARATION OF COVENANTS AND RESTRICTIONS E'OR MT. GREENWOOD This of March, a Florida Supplemental Declaration is made this ~~ay 1988, by AmeriFirst Development Corporation, corporation, hereinafter called the "Developer." WHEREAS, The Declaration of Covenants and Restrictions for Mt. Greenwood ("the Declaration") was recorded in Official Records Book 1740, at Page 1545 of the Public Records of Seminole County, Florida; WHEREAS, the Declaration provides in Article I, Section 3, that the Developer may bring other land under the provisions of the Declaration by recorded supplemental declarations (not requiring the consent of the Owners, the Association or any mortgage) and thereby add to the Properties; NOW, THEREFORE, the Declaration is hereby amended as follows: 1. The definition of "Properties" in Article I, Section 2 shall also includes: (a) Lots 1-97, inclusive, of Unit Four of Mount Greenwood and all other properties located within the Plat of Unit Four of Mount Greenwood including Tracts A, B, and C, as shown on such plat, recorded in Plat Book 37, Pages, 70-72 of the Public Records of Seminole County, Florida; and (b) Lot 1 of Unit Three of Mount Greenwood and all other properties located within the Plat of Unit Three of Mount Greenwood including Tracts A and B, as shown on such plat, recorded in Plat Book J-!D, PagesJ-fcJ5 of the Public Records of Seminole County, Florida; and (c) Lots 1-107, inclusive, of Unit Five of Mount Greenwood and all other properties located within the Plat of Unit Five of Mount Greenwood including AlIi:' /?L_ ~__,. ~ ~. .JIt~__... _ u-f- (J) (,t) ,&<1"(0 :::c ;Z c:n ..~ m n p ...... ~ f'" -.. CO Ul to c.':) .~.~ .... M ,~:. ..~ . ?'> r' ...., C:.J ~ ' -":Q '"U":> ):>0 '" > C) rll -/-- (OJ (/ll-- rTlPl ",..?JCJ ~ :-A :l.:~ b C> ~: ro- -"I CJ Pl("'~~- n :-i; ;.; ~ <..:2 iT, ~;;: S:: :;0 ::::i ~ ::rJ -< (") rn . oX -=-~:c r-....) C) c:::> /"..,) r'5 :::0 <:::0 ral 0::1 n (/) C> rT'1 :;:0 -0 CJ fTl CI .po ~'<l '-0 < ::.c Pl :;:0 r:v ." 0 fTl W Cl - 2 - Tracts A, Band C, as shown on such plat, recorded in Plat Book~, Pages jp-<6 of the Public Records of Seminole County, Florida. 2. All such additional property added to the Properties by this Supplemental Declaration shall be subject to all of the terms and provisions of the Declaration as if such provisions were fully set forth herein. 3. Except as amended hereby, all of the terms and provisions of the Declaration shall remain in full force and effect. '.:'i- co ,(';0' 0') 0) 8 '~.~ .r-'-" :. ~'i=i ':',5= , .r- "i'~ ':~.J' ...~ ','= ""CI<r~ )..<1'> o Ja'l IN WITNESS WHEREOF, this Supplemental Declaration to the Declaration of Covenants and Restrictions for Mt. Greenwood has been signed by Developer the day of the year first above set forth. ,';'(1) ~Q ._i: S; ';,:5 ",',",- Sf} , C"') P , "" ~ F -. to AMERIFIRST DEVELOPMENT CORPORA'rION By' / ~ tvdtk STATE OF FLORIDA ) ) SS: COUNTY OFSEMINOLE) C. Philip Wallis Sr. Vice President I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared C. Philip Wallis , as Senior Vice President of AMERIFIRST DEVELOPMENT CORPORA'rION, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same for the purpose therein expressed. --- WITNESS my hand and official seal in the county and state aforesaid this 30thday of March, 1988. yJCttt~~~ iJt~ Notary Public ' State of Florida \\,\\tl"'''U'''J" ,\\\' 'r AN"" ",-", ~ ~.......... /. "'<,; ---- (" ....,. . ",". '. '~, ::, . ... '-' '. ...J ':. ff :~-:' ::i . :J "', ';:. \ ;; '"<: I- · U) . ,'- : -' 6 : u : 7~-;"" 0 ::::J ,', ..J". 1..' /~<.,..'. ,. - v../. (, ..'~ V d ,\\\' ,,' "I"'H.'P My Commission Expires NOTARY PUBLIC STATE OF FLORtDA MY COM~ISSJON EXP. APR 15,1990 HONDED THRU GENERAL INS. UNO.