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Home My WebLink AboutWinding Hollow Unit 5 1"'. vf) d '2 .- d 0..- \f \ ~ Ij) \;, 2 .-' ~3 q "'Y l-- -' V o 1- 2- ct. 2 UJ r:s:- ~ I'~ARYAW~E ~lOHSE ce:K OF CIRCUlT COURT ~~M__E COUNrY, FL. l\tC~O & VERIFIED 98 OCT 27 AM 10: 29 ~ o 280383 ~ QHI&BOCUMENT PREPAkbV H Y 9.' -AND APTER REe0RDINu KEIURN TO: SCOTT WILT, ESQUIRE HOLLAND & KNIGHT, LLP Two South Orange A venue Orlando, Florida 32801 w U1 N N me O-t1 0'1 ::r.o (/) fT1 ------------------------------------------------------------------------------------------------------------------~- - WINDING HOLLOW SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS z 0 r fT' () 0 0 " CX) r .r;::- 0 :t> :.:u ;-1'1 (J .'00 ):>:::J C') CJ rtl (/) (UNIT 5) THIS SUPPLEMENTAL DECLARATION, made as of September \0 , 1998, by WINDING HOLLOW DEVELOPMENT COMPANY, a Florida general partnership, whose address is 250 East Broad Street, Columbus, Ohio 43215, hereinafter referred to as the "Declar- ant." RECITALS A. Declarant owns real property situate, lying and being in Seminole County, Florida, more particularly described as follows: Winding Hollow Unit 5, as per plat thereof recorded in Plat Book S- + , Page CO') , Public Records of Seminole County, Florida. hereinafter referred to as the "Subject Property". B. Declarant has heretofore placed of Public Record that certain Declaration of Covenants, Conditions and Restrictions dated June 30, 1994, and recorded September 16, 1994, in Official Records Book 2824, Page 1925 et seq., hereinafter referred to as the "Original Declaration", and Supplemental Declarations of Covenants, Conditions and Restrictions for Unit 2, Unit 3 and Unit 4. C. The Subject Property lies within the Property, as described and defined in the Original Declaration. D. Declarant reserved in the Original Declaration the right to annex additional properties into the scheme of the Original Declaration. E. It is contemplated that the Subject Property will be developed into residential uses with lots, streets, street lights, open spaces, and other common areas and improvements for the benefit of the Owners of the Subject Property, as such are reflected on the plat of the Subject Property. " ~ e e j , F. Declarant desires to provide for the preservation and enhancement of the property values and amenities and opportunities in the Subject Property contributing to the personal and general health, safety and welfare of the Owners and for the maintenance of Common Areas within the Subject Property and, to this end, desires to annex the Subject Property to the scheme of the Original Declaration and to the Properties, as described and defined in the Original Declaration, and to subject the Subject Property to the covenants, conditions, restrictions, easements, charges and liens therein and hereinafter set forth, each and all of which shall be binding upon and run with the title to the Subject Property, and is and are for the benefit of all of the Subject Property and each Owner thereof. G. Declarant has created a non-profit corporation, Winding Hollow Homeowners I Association, Inc., which shall administer and enforce the covenants and restrictions, and the collection and disbursement of assessments and charges described herein or in the Original Declaration. NOW, THEREFORE, the Declarant for itself and its successors and assigns, declares that the Subject Property is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and w restrictions ") contained in the Original Declaration and those hereinafter set forth. (J'l ~N :.t.N -::r:. o r The capitalized terms used in this Supplemental Declaration (unless the context shall otherwise indicate) shall have the meanings set forth in the Original Declaration. ? c:> -nOJ r J;:'" ARTICLE I - DEFINITIONS OJC o-n o'-n :::r::(=) :P r-- ARTICLE II - PROPERTY SUBJECT TO THIS SUPPLEMENTAL DECLARATION .~. -~ ;-r C -uc y-:;;t pc Pl(. - The Subject Property is and shall be held, transferred, and occupied subject to this Supplemental Declaration and the Original Declaration. The terms and provisions of the Original Declaration are hereby declared to encumber and benefit the Subject Property and each and every Owner thereof and said terms and provisions are incorporated herein by this reference as if set forth herein verbatim. Tract B of the Subject Property is intended to constitute Common Area, as defined in the Original Declaration. This Supplemental Declaration is made pursuant to the terms of the Original Declaration for the purposes of annexing the Subject Property to the scheme of the Original Declaration and to the jurisdiction of the Association. ARTICLE III - AMENDMENT BY DECLARANT The Declarant reserves and shall have the sole right to (a) amend this Supplemental Declaration for the purpose of curing any ambiguity in or any inconsistency among the provisions contained herein or between the provisions hereof and those of the Original Declaration, (b) include in any contract or deed or other instrument hereafter made any additional covenants and restrictions applicable to the Subject Property which do not lower the standards of the Original Declaration or this Supplemental Declaration, (c) release any Lot from any part of the covenants and restrictions contained herein which have been violated if the Declarant, in its sole judgment, . ~. e e '. determines such violation to be a minor or insubstantial violation; (d) amend this Supplemental Declaration without vote or consent of the Owners in any manner which does not adversely affect the substantive rights of an existing Owner or first mortgagee; and (e) to amend this Supplemental Declaration during the first two (2) years after same has been recorded to comply with the request of any mortgagee referred to in the Original Declaration. The foregoing amendments may be made without the joinder or approval of any Owner, Mortgagee or the Association. ARTICLE IV - AMENDMENT Any provision, covenant, or restriction set forth herein may be amended in accordance with the Original Declaration. This Supplemental Declaration may not be amended in any manner as to result in conflict with the terms of the Original Declaration or of the Association Articles or Bylaws. ARTICLE V - DURATION AND TERMINATION The covenants and restrictions of this Supplemental Declaration shall run with and bind the Subject Property, and shall inure to the benefit of and be enforceable by the Declarant, the Association or any Owner, their respective legal representatives, heirs, successors and assigns, w for so long as the Original Declaration remains effective. Anything in this Supplemen~l c.n ~ Sr; Declaration to the contrary notwithstanding, until the mortgage or transfer of title by Declar~nt N o-n to the first Lot in the Subject Property, Declarant unilaterally may terminate this Supplemen~ N ?: ~ Declaration and remove the Subject Property from the scheme of the Original Declaration. ~ r" ~ ~ ('"') c::> C C ".oc CIJ :p: G>~ .s;::- rtl , N ARTICLE VI - ENFORCEABILITY -T1 Section 1. Remedies. If any person or entity shall violate or attempt to violate any of thesr- covenants or restrictions, it shall be lawful for the Declarant, any Owner or the Association (a) to prosecute proceedings for the recovery of damages against those so violating or attempting to violate any such covenant or restriction, or (b) to maintain a proceeding in any court of competent jurisdiction against those so violating or attempting to violate any such covenant or restriction, for the purpose of preventing, or enjoining all or any such violations or attempted violations. The remedies contained in this provision shall be construed as cumulative of all other remedies now or hereafter provided by law or this Supplemental Declaration or the Original Declaration. The failure of the Declarant, its successors or assigns, or the Association or an Owner, to enforce any covenant or restriction or any obligation, right, power, privilege, authority or reservation herein contained, however long continued, shall in no event be deemed a waiver of the right to enforce the same thereafter as to the same breach or violation, or as to any other breach or violation thereof occurring prior to or subsequent thereto. Section 2. Severability. The invalidation of any provision or provisions of the covenants and restrictions set forth herein by judgment or court order shall not affect or modify any of the other provisions of said covenants and restrictions which shall remain in full force and effect. '.. e J .. e IN WITNESS WHEREOF, Declarant has caused this Supplemental Declaration to be executed in its name and its seal to be affixed hereto the day and year first above written. Signed, sealed and delivered in the presence of: ~nature Pr tame: Va...S.~~ 01.~~ .!,,-tI\ .Yt"-fJ Slg a re Print Name: ~ 1\"'\~ L \\\. ~y... WINDING HOLLOW DEVELOPMENT COMPANY, a Florida general partnership By: Pizzuti Equities, Inc., a Delaware corporation, as managing general artner /~2P By:(< _ L.,,,, ....... w c.n ~1 t"'> ~t"'> ;r:. o I f'T" () 0 o CJ) ~ .r:- (..oJ Print Nam~'T5aley Title: Vice President ACKNOWLEDGMENT BY DECLARANT STATE OF OHIO ) COUNTY OF FRANKLIN ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Richard C. Daley, Vice President of Pizzuti Equities, Inc., the managing general partner of WINDING HOLLOW DEVELOPMENT COMPANY, and that he acknowledged executing the foregoing Supplemental Declaration on behalf of the partnership in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said partnership. WITNESS my hand and official seal in the County and State last aforesaid this '()~day of September, 1998. (NOTARY SEAL) f: \real \846\pizzuti\ windholo \unit5\suppdec. doc NOVA MENDElSOlIt ftatary Public:. State of OhIo . Fninklin Couftty My CommiMIon EIIpifeI 12..... My Commission cP~ O-n 0_ :;J:" - J;> c- :;0 rn " ,-{) 0 J;:-::O 00 f1i(/'l