HomeMy WebLinkAboutWinter Springs Industrial Park
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COVENANTS AND RESTRICTIONS
WINTER SPRINGS INDUSTRIAL PARK
SEMINOLE COUNTY, FLORIDA
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, CHEMICAL ENTERPRISES, INC", A Florida Corporation,
her:.~ina(t_er.: _r_ef_err~d to as DEVELOPER, is the owner of all o'f-W}NTJ~:'F[ ~PRIN
.INDUSTRIAL..P..ARK., a,s~bdivision recorded in Plat Book 2.:L, Page :J7 '
Public Records of Seminole County, Florida, hereinafter called the
SUBDIVISION and
WHEREAS, Developer is developing and selling certain individual
industrial and commercial lots in the subdivision and is desirous of
placing certain covenants and restrictions upon the use of each and every
lot in the subdivision, and that such covenants and restrictions shall ru
with the title to said lots and each of them as they may be divided for
use, and is further desirous of reserving certain easements affecting sai
lots, all as hereinafter set forth.
NOW, THEREFORE, in consideration of the premises, the Developer does
hereby.declare all of the subdivision to be subject to the following
restrictions, reservations and conditions binding upon the Developer and
each and every person, both real and corporate who and which shall
hereafter acquire title to said lots or any pa~t thereof, and their respe
tive heirs, personal representatives, successors and assigns, said cove-
nants, restrictions and conditions being as follows:
1. ARCHITECTURAL CONTROL. No building or structure shall be erected
placed or altered on any lot or any portion thereof until the constructio.
plans and specifications and a plan showing the location of the building'
structure have been approved by the Architectural Control Committee as to
the quality of workman~hip and materials, harmony of external Jeslgn with
existing structures, and as to the location with respect to topography ani
finished grade elevation.
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2. LAND USE AND BUILDING TYPE. The property subject to these cove-.
nants and restrictions shall be used only for purposes compatable with
industrial or commercial zoning and no property shall be used for church '
public school purposes. No building shall be erected unless the same is
compliance with the building code of the City of Winter Springs, Florida
and all buildings must comply with the Winter Springs lot line require-
ments.
3. . LIVESTOCK AND ANIMALS. No animals, livestock or poultry of any
kind shall be raised, bred or kept on any industrial or commercial tr~ct f
property except that dogs or other security animals may be allowed for
security purposes, provided that they are not kept, bred or maintained fo;
any commercial purposes.
4. SIGNS. No sign of any kind shall be displayed to the public view
on any tract-or property until the sign and its location has 'been approvec
by the Architectural Control Committee.
5. GARBAGE~REFUSE DISPOSAL AND NUISANCES. No property shall be used
or maintained as a dumping ground for r~bbish, trash, or other waste. AI:
trash, garbage and other waste shall be kept in sanitary containers and,
except during pick-up if required to be placed at the road, all container~
shall be kept at the rear of the p~operty at the lot line. There shall bl
no burning of trash or any other waste materials. ,No noxious or offensivl
activity shall be carried On upon any lots nor shall anything be .done
thereon which may be or may become an annoyance or nuisance to the
surrounding businesses. No inoperative car~, ~rucks, trailers, or other
types of vehicles shall be allowed to remain either on or adjacent to any
tract or property in exccess of forty-eight (48) hours, provided however,
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this provIsIon shall not apply to any business engaged in major. repair or
storage of such type vehicles.
6. EASEMENTS. The Subdivision and all of the lots located therein
shall be subject to both the fifteen (15) foot drainage easement shown on
the plat along the rear of each said lot. The Subdivision and all of the
lots located therein shall also be subject to the Access Easement and its
accompanying swale easement at the location and in the dimensions shown on
the recorded plat of the Subdivision. The Access Easement is to be a com-
mon private access easement for the private use of the property owners,
their customers, invitees and guests and the public utility companies
serving the lots in the Subdivision as well as any emergency vehicles such.
as fire, police and rescue units.
7. MAINTENANCE OF EASEMENTS. It shall be the sole responsibility of
the respective owners of lots in the Subdivision to share in the construc-
tion, maintenance, upkeep and reconstruction of the above mentioned
Drainage Easement, Access Easement and attendant swale easement on a pro-
rata basis based upon the ratio that the square footage of a particular lot
or portion thereof bears to the total square footage in the Subdivision.
The total square footage in Subd i v is ion is :1..78 r3 ~8t.. The maintenance of
said Drainage Easement and Access and Swale Easements shall be the respon-
sibility of the Architectural Control Committee. A property owner may
report maintenance problems to the Committee and said maintenance shall be
done only after approval of said Committee. Each Property owner shall be
sent a statement for their portion of the maintenance costs on a regular
basis after any such m~intenance or reconstruction has taken place. The
failure of a property owner to pay the assessment by the Architectural
Control Committee or its assigns shall subject not only the owner of the
property at the time of said assessment to personal liability for payment
of said assessment, but also shall subject the property of said owner to a
lien for the cost of said maintenance or reconstruction, together with any
fees and costs, including reasonable attorney's fees, incurred in enforcing
said lien and collecting said maintenance costs.
8. WALLS, FENCES AND SIGHT DISTANCE AT INTERSECTION. No fence or
wall, hedge or shrub planting which obstructs sight lines at elevations
between two and six feet above the roadways shall be placed or permitted tc
remain on any corner tract within the triangular area formed by the street
property line and a line connecting them at points 25 feet from the inter-
section of the street lines, or in the case of a rounded property corner
from the intersection of the street property lines extended. The sight
line limitations shall apply on any tract within ten feet from the inter-
section of a street property line with the edge of the driveway or at a
pavement. No trees shall be permitted to remain within such distance of
such intersection unless the foliable line is maintained at sufficient
height to prevent obstruction of such sight lines. Prior to construction
of any fence, wall or planting of shrubbery, the owner shall obtain apprOV2
of the same from the Architectural Control Committee.
9. PARKING. Owners of lots or portions thereof shall not allow
parking on-pUbliC streets adjoining the Subdivision or within the area of
any of the above easements. All parking shall be off-street and shall be
further limited to areas on the sides or the rear of any building
constructed on p~operty.
lO. AESTHETIC CONTROLS AND GREEN BELT. The Developer desires that all
proposed construction in the SubdivIsionbe designed and planned in such a
manner as to minimize the number of trees that must be removed to accom-
modate construction of said building or buildings. A 20-foot green belt
shall be maintained between the above mentioned Access Easement and any
buildings constructed on any lot in the Subdivision. The area of the
above mentioned swale easement shall be considered as part of said green
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belt. A 20-foot green belt shall also be mai~~afi~Lalong the side or por-
tion of any lot that abuts a public street. The cost of maintaining said
green belts shall be borne by the property owners in the same manner as th!
maintenance of the easements as hereinabove provided in paragraph 7.
11. ENFORCEMENT. Enforcements shall be proceedings at" law or in equi t:
against any person or persons violating or attempting to violate any cove-
nant either to restrain violation or to recover damages. It is expressly
understood and agreed that all costs, including reasonable attorney's fees
incurred by any moving party in any legal proceeding which results in the
enforcement of any covenant or restriction contained in the document shall
be borne fully by the defendant in such proceedings.
l2. MEMBERSHIP IN ARCHITECTURAL CONTROL COMMITTEE. The Architectural
Control Committee is composed of Roger E. Owen, Howard Myers and Robert L.
Owen. A majority of the Committee may designate a representative to act
for it. In the event of the death or resignation of any member of the
Committee, the remaining members shall have fuli authority to designate a
successor. Neither the members of the Committee, nor its designated repre
sentative shall be entitled to any compensation for services performed pur
suant to this covenant. These covenants may be changed in whole or in par
at any time by the Architectural Control Committee for any reason,
including the addition of contiguous land tracts that may be acquired by
the Developer for purposes of ~nlarging and enhancing the Subdivision, by
executing written instruments making said changes and having the same duly
recorded in the public records of Seminole County, Florida. However, any
such amendment shall not apply to any tracts or property owned by the
Developer unless the Developer joins in said amendment.
13. PROCEDURE. The Committee's approval or disapproval, as required i
,these covenants shall be in writing. In the event the Committee or its
designated .representative fails to approve or disapprove within thirty (30
days after plans and specifications have been submitted to it~ or in any
event, if no suit to ~njoin the construction has been commenced prior to
completion thereof, approval will not be required and the ~elated covenant
shall be deemed to have been fully complied with. In the event a building
has been erected or the construction thereof is substantially advanced anc:
it is situated on any lot or property in such a manner that the same
constitutes a violation or violations of any of the above covenants, said
Developer, its successors and/or assigns, shall have the right at any timE
to release such tract or property or portions thereof from any part of thE
provisions of any said covenants as a~e violated, provided however that
said Developer, its successors and/or assigns, shall not release a viola-
tion or violations of any of said covenants ~xcept as to violations they,
in their sole discretion, determine to be minor, and the power to release
any such tract or property or portions thereof from such a violation or
violations shall be dependent on a determination by them that such viola-
tion or violations are minor.
l4. TERM. These covenants are to run with the land and shall be
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binding on all parties and all persons claiming under them for a period 0:
thirty (30) years from the date these covenants are recorded, after which
time said covenants shall be automatically extended for successive period~
of ten (lO) years unless an instrument be signed by a majority of the ther
owners of the tracts and property has been recorded, agreeing to change
said covenants in whole or ~n part.
15. SEVERABILITY. Invalidation of anyone of these covenants by
judgment or court order shall in no way affect any of the other provision.
which shall remain in full force and effect.
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this IS
day of ~ \.,) "-'Ei.__, 1983.
Signed, sealed and delivered
in the presence of:
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CHEMICAL ENTERPRISES, INC.
A Flori~a~rporation .
BY:~~~ ~~
THOMAS A. BINFOR , '"Pr . . .'
STATE OF FLORIDA
COUNTY OF Sem~nole _
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgments, per-
sonally appeared THOMAS A. BINFORD, President of CHEMICAL ENTERPRISES,
INC., a Florida Corporation, to me well known and he acknowledged executing
the aforesaid instrument in the presence of the subscribing witnesses,
freely and voluntarily, under authority duly vested in him and that he exe-
cu~ed the same for the uses and purposes therein express'~~~~:"D~t1'alf of
sald Corporation. ~ G: ~~(;i:"i .~
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My Commission Expi res: Notary Public State Of'~;~(i.fg~ 4.~. 1," :'
My Commission EXplres'J~~10,.Jgs,v, S'
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PREPARED BY: Tom A. Binford
P. O. Box 292
Casselberry, Florida 32707
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NOW, THEREFORE, in consideration of the premises, the Developer doe3
hereby.declare all of the subdivision to be subject to the following
restrictions, reservations and conditions binding upon the Developer and
each and every person. both real and corporate who and which shall
hereafter acquire title to said lots or any pa~t thereof. and their respec-
tive heirs, personal representatives, successors and assigns, said cove-
.~ nants. restrictions and conditions being as follows:
~ 1. ARCHITECTURAL CONTROL~ No building or structure shall be erected,
placed or altered on any lot or any portion thereof until the construction
plans and specifications and a plan Showing the location of the buildinr or
structure have been approved by the Architectural Control Committee as to
the quality of workman.shi;> and materials. hal'CJony of external desi,n with
existing structures. and as to the location with respect to topography and
, finished grade elevation.
~ 2. LAND DSE AND BUILDING TYPE. The property subject to these cove-.
nants and restrictions shall be used only for purposes compatable with
industrial or co~ercial zoning and no property shall be used for church or
public school purposes. No building shall be erected unless the same Is in
compliance with the building code of the City or Winter Sprinrs, Florida
and all buildings must comply with the Winter Springs lot line require-
ments. -
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3. . LIVESTOCK AND ANIHAh~ No animals, livestock or pOUltry of any
kind shall be raised, bred or kept on any industrial or commercial tract or
property except that dogs or other security animals may be allowed for
security purposes, provided that they are not kept. bred or maintained for
any commercial purposes.
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17.gg
COVENANTS AND RESTRICTIONS
WINTER SPRINGS INDUSTRIAL PARK
SEMINOLE COUNTY, FLORIDA
:. .L: CJ. Fl.
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS. CHEMICAL ENTgRPRISES, INC.', A Florida Corporation.
hereinafter referred to as DEVELOPER. is the owner or al! of WINTER SPRINGS
INDUSTRIAL PARK, a s~bdivision recorded in Plat Book ~, Page~,
Public Records or Seminole County, Florida, hereinafter called the
SUBDIVISION and
I
WHEREAS, Developer is developing and selling certain individual
industrial and commercial lots in the subdivision and is desirous of
placing certain covenants and restrictions upon the use of each and every
lot in the subdivision, and that such covenants and restrictions shall run
with the title to said lots and each of them as they may be divided tor
use. and is further desirous of reserving certain easements arrecting said
lots. all as hereinafter set forth.
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4. SIGNS. No sign of any kind shall be displayed to the public view
on any tract or property until the sign and its location has been approved
by the Architectural Control Committee.
5. GARBAGE, REFUSE DIS~OSAL AND NUISANCES. No property shall be used
or maintained as a dumpin~ ground for rubbish, trash, or other waste. All
trash, garbage and other waste shall be kept in sanitary containers and,
except during pick-up if required to be placed at the road, all containers ~
shall be kept at the rear of the p~operty at the lot line. There shall be
no burning of trash or any other waste materials. No noxious or offensive
activity shall be carried on upon any lots nor shail anything be done
thereon which may be or may become an annoyance or nuisance to the
surrounding businesses. No inoperative cars, trucks, trailers, or other .
types of vehicles shall be allowed to remain either on or adjacent to any
tract or property in excceS3 of forty-eight (48) hours, proviqed however,
RECEIVED
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tbis provision sball not apply to any business engaged in major repair or
storage ot such type vehicles.
6. EASEMENTS. The Subdivision and allot the lots located tbereln
sball be subjeot to botb the titteen (15) toot drainase ease.ent sbovn on
the plat alon. tbe rear ot eaoh said lot. The Subdivision and allot tbe
lots located therein shall also be subjeot to the Access Easement and Its
aooompanyin, swale easement at the looation and in the dimensiona aboWD on
tbe reoorded plat ot tbe Subdivialon. Tbe Access Eas..ent ia to be a 00.-
mon private aooe.. .a.e.ent tor the private use ot the proport1 owner.,
tbeir custo.ers. invitee. and ,uests and the public utilit1 co.panies .
.ervin, the lota In the Subdivision as well as an1 e.er,enoy vebioles sucb
as tire. polioe and resoue units.
7. HAINT!NANCB OF EASEKENTS. It shall be tbe sole responsibillt1 ot
tbe respeotive owners ot lots in the Subdivision to sbare In tbe oonstruc-
tlon. .aintenanoe, upkeep and reoonstruction ot the above mentioned
Drainage Ease.ent, Aooess Easement and attendant swale easement on a pro-
rata basis based upon the ratio that the square toota,e ot a particular lot
or portIon thereot bears to the total square rootage in the SubdIvision.
The total square tootage In Subdivision is :1.78 3"'t. The .aintenanoe ot
said Dralnale Easement and Access and Swale Easements shall be the respon-
sibility ot the Arohitectural Control Committee. A property owner '"
report .aintenance problems to the Committee and said .aintenanoe sball be
done only atter approval ot said Committee. Each Property owner shall be
sent a statement tor their portion ot the maintenance oosts on a regular
basis atter any such maintenance or reconstruction has taken place. Tbe
tailure ot a property owner to pay the assessment by tbe Arobiteotural
Control CommIttee or its assigns shall subject not on11 the owner ot tbe
property at the tIme at said assessment to personal liabilIty tor payment
ot said assess.ent. but also shall subject the property ot said owner to a
lIen tor tbe oost ot said maintenance or reconstructIon, tosether wltb any
tees and oosts, lnoludins reasonable attorney's tees. Incurred in entorolnl
~said lIen and colleoting said m.intenanoe cost$.
8. WALLS. FENCES AND SICHT DISTANCE AT INTERSECTION. 10 tenoe or
vall. hedge or shrub planting Whioh obstructs sight lines at elevatIons
between two and six teet above the roadways shall be placed or permitted to
remain on any corner tract wltbin the triangular are. tormed by the street
property line and a line connecting them at points 25 teet trea the lnter-
.ection ot tbe street lines, or in the case or a rounded property corner
tro. the Intersection ot the street property lines extended. the sllbt
line limitations shall apply on any tract within ten teet trea the Inter-
section ot a street property line with the edge ot the drIveway or at a .
pavement. Ho trees shall be permitted to remain wIthin such distance ot
sucb intersection unless the rollable line is maintained at sutticient
beight to prevent obstruction ot such sight lines. Prior to construction
ot any tence, wall or planting or shrubbery, the owner sball obtain approval
ot the same trom the Architectural Control Committee.
9. PARKING. Owners or lots or portions thereot shall not allow
parking on-public streets adjoining the Subdivision or within the area ot
any of the above easements. All parking shall be oct-street and shall be
further limited to areas on the sides or the rear ot any building
constructed on property.
10. AESTHETIC CONTROLS AND CREEN BELT. The Developer desires that all
proposed construction In-the Subdivision-be designed and planned in such a
manner as to minimize the number of trees that must be re.oved to accom-
modate construction of said building or buildings. ~ 20-toot green belt
shall be maintained between the above mentioned Access ~_..___.... ...... any
buildings constructed on any lot in the Subdivision. The area ot the
above mentioned swale easemant shall be considered. as part ot said green
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belt. 1 20-root rreen belt shall also be mair.ta~a~Lalonr the side or por-
tion or anJ lot that abuts a public street. The cost ot maintaininr said
green belts shall be borne by the property owners in the same manner .s the
maintenance or the easements as hereinabove provided in pararraph 7.
11. ENFORCEMEHT. Entorce~ents shall be proceedings at. law or in equity
against anJ person or persons violating or attempting to violate any cove- --,
nant either to restrain violation or to recover damages. It is expressly I
understood and agreed that all costs, including reasonable attorney's tees
incurred by any movinr party in any legal proceeding.whicb results in tbe
enrorcement ot any covenant or restriction contained in tae document sball
be borne tully by the derendant in such proceedings.
12. MEMBERSHIP IN ARCHITECTURAL CONTROL COMMITTEE. The Architectural
Control Committee is composed or Roser E. Owen, Howard Myers and Robert L.
Owen. 1 aajority ot the Committee ma, deSignate a representative to act
tor It. In the event ot tbe death or resignation ot any aember ot tbe
Committee, tbe remaining .embers shall have ruli authority to designate a
successor. .either the members ot the Committee, nor its desirnated repre-
sentative shall be entitled to any compensation tor services pertormed pur-
suant to tbis covenant. These covenants may be cbanred in whole or in part
at any time by the Architectural Control Committee tor any reason,
includin, the addition ot contiguous land tracts that may be acquired by
the Developer tor purposes ot enlarging and enhancing the Subdivision, by
executln, written instruments makinl said changes and havinr the same duly
recorded in the public records ot Seminole County, Florida. However, any
such amendaent shall not apply to any tracts or property owned by tbe
Developer unless the Developer Joins In said amend.ent.
13. PROCEDORB. The Committee's approval or disapproval, as required in
.these covenants sball be In writinr. In the event the Committee or its
designated .representative tails to approve or disapprove within tbirty (30)
days atter plans and specirIcations have been subaitted to it~ or in any
event, It no ault to enjoin the construction has been com.enced prior to
completion thereot, approval will not be required and tbe related covenants
shall be deesed to have been tully complied witb. In the event a buildior
has been ereoted or tbe construction thereot is substantially advanced and
It is situated on any lot or property in sucb a .anner tbat the aaa.
constitutes a violation or violations or any or tbe above covenants, said
Developer, its successors and/or assilns, shall have tbe rilbt at any time
to release suoh tract or property or portions thereot tro. any part or tb.
provisions ot any said covenants as a~e violated, provided however that
said Developer, its successors and/or assilns, sball not release a viola-
tion or violations ot any or said covenants except as to violations tbey,
in their 801e discretion, determine to be minor, and the power to rele,se
any sucb tract or property or portions thereot trom such a violation or
violations sball be dependent on a determination by them that such yiola-
tion or violations are minor.
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14. TERM. These covenants are to run with the land and shall be
binding on-all parties and all persons claiming under them tor a period ot
thirty (30) years trom the date these covenants are recorded, atter which
time said covenants shall be automatically extended ror successive periods
ot ten (10) years unless an instrument be signed by a majority ot the then
owners ot the tracts and property has been recorded, agreeing to change
said covenants in whole or ~n part.
15. SEVERABILITY. Invalidation or anyone ot these covenants by
judgment or court order shall in no ~ay affect any of the other provisions
which shall remain In tull force and effect.
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RECEIVED
NOV 18 1993
~ of Winter .,~p(l[lSS
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18 WITNESS WHERCOF. we have hereunto set our hands and seal~ this ~
d.J ot ::I u...,. . 1983.
Slrned, se.led and delivered
In tb~ presenoe ot:G;
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CHEMICAL ENTARPIISES. IIC.
A Florida rporatlon
By:
STAtB or rLORIDA
COUNt! or Se.ino1e
I hERBB! CIITIr! that on this day, berore .e, an ottloer dulJ
autborlzed In tbe State and County aroresaid to take aokDowledl.ent~. per-
~onallJ appeared THOMAS A. BINFORD. President ot CHEMICAL ElTERPRISES.
IHC.. a rlorlda Corporation, to me well known and he aoknovledred exeoutlnl
the atoresaid Instrument in the presence or the subsoribinl v~tnesses.
treelf and voluntarilf, under authority dull vested In hi. and tbat be exe-
outed tbe ...e tor the uses and purposes therein exprxss 'iba1t o. t
said Corporation. '" (I ... I
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"J Comaission Expires:
PREPARED BY: To. A. Binford
P. O. Box 292
Casselberry, Florida 32707
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ADDENDUM TO COVENANTS AND RESTRICTIONS AS RECORDED IN PLAT BOOK dS
PAGES ~ 't PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
(1)
Architectural Control COlllllittee v1ll not unreasonably v1thhold
approval of building and development of a convenience store on
Lot 11.
Architectural Control Collll1.ttee v1ll not unreasonably v1thhold
approval of a standard convenience store sign on Lot 11 fronting
on Bvy 419.
(3) Architectural Control Collllittee grants permission to Lot II for
parking to be located in front of any constructed convenience
store structure in addition to side and rear parking.
(2)
I
IN WItNESS WHERmF we have.J1ereuntd set our hands and seale this
/ S-7H day of June. 1983.
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ROG . OWEN. CHAIRMAN
STATE OF noRlDA.
COUNtY OF SOONOLE
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I HEREBY CERTIFY that on the /S'1Hday of June. 1983. before lie.
an officer duly aut:horlzed in the St:ate aforesaid and in J1e County
aforesaid to take aclcnovledgellents. personally appeared Roger E. Oven.
Chairun. to _e known to be the person described in and who executed
the foreping instruaent and he acknowledged before _e that he execueed
the s_.
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WITNESS ay hand and official seal in the County and State last
aforesaid this /.r'.N. day of June. A. D. 1983.
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Prepared by.
TOlD A. Binford
P. o. Box 292
Casselberry, Florida 32707
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Declaration of Restrictive Covenants
For
EXCELSIOR BUSINESS PARK
Winter Springs, Florida
E. Lee Munizzi and Salvatore B. Munizzi, fee owners of the
following described real property in Winter Springs, Florida:
SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION
Hereby make the following Declaration of Restrictive
Covenants as to the limitations, restrictions, and uses to
which the lots and associated land, lakes and roadways that
comprise the EXCELSIOR BUSINESS PARK (liThe Park") may be put.
The covenants declared herein shall attach to and run with
the land described above and shall inure to the benefit of
and be binding on all who have an interest in the land
whether they be initial owners, subsequent purchasers,
lessees, licensees, occupants" lienors, their transfers,
successors or assigns.
The purpose of these covenants is to assure reasonable
development and application of the property as a whole, to
protect each property owner against unreasonable usage or
development of adjacent and surrounding lands, to prevent the
construction of undesirable structures within The Park, to
provide for the operation and maintenance of common amenities
and facilities and to provide for architecturally and
aesthetically pleasing development of The Park in accordance
with a general plan.
1. pEF I NIT I Q~E.
Unless otherwise specified in these Restrictive
Covenants, each term defined in this article shall
have the meaning specifically set forth herein:
A. The Park:
EXCELSIOR
The term liThe Park" shall
BUSINESS PARK a~Qescribed
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mean the
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and recorded in
B. Ini.tial O'!!'IL~rs.L The term "Initial Owners"
shall mean E. Lee Munizzi and Salvatore B.
Munizzi.
c. f~~strictive Covenants: The term "Pestrictive
Cc.venants" shall mean all covenants,
restrictions and easements as set forth in
this Declaration and as they may be amended
or supplemented, from time to time.
D. Pr..9.Q..€:?r..:ly_.Q.~!:1er..L The term "Pr.:.perty Owner"
shall mean the legal 01" beneficial holder of
the fee simple ownership to any of the lots
situated within The Park. The term "Property
Owner" shall in.:lude anyc.ne claiming
ownership through or from such fee or
beneficial owner whether whole or in part.
E. !:-ot :_ The term "Lot" shall mean any
subdivided portion of The Park as shown upon
the recorded subdivision plat or upon any
subsequently recorded plat of The Park.
F. ~o'li!J.g-E~~.!l~!Jations: The term "Zoning
F.:egulati.:ons" shall mean the z.:.ning
regulations and ordinances of the City of
Winter Springs, Florida as amended from time
to time.
2. E X CEL~ I OR BUS) NESS P~F~K PROPEPTY OWNEF~~ ASSOC I AT I ON, I NC.
Concurrently with the adoption of and recording cof these
Restrictive Covenants, a non-profit corporation entitled
the Excelsior Business Park Property Owners Association,
In.:. ("Asso.:iatic.n") shall be f.::trmed.
The lake and Surface Water Management System and related
facilities ("The System"), shall be transferred to the
Association upon its formation. The Association shall
be responsible for the maintenance and operation,
repairs, renewal of permits from appropriate Governmental
Agencies and ~odifications thereof, and any other duties
necessary for the operation of The System for the benefit
of the Property Owners of The Park.
All of the rights, covenants and responsibilities of
administering and enforcing these Pestrictive Covenants
shall become those of the Association upon its formation.
Each Property Owner shall become a member of the
Association upon the recording of a desd, .01" other
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instrument, vesting title in such Property Owner. The By-
Laws of such Association shall provide that each owner of
a Lot in The Park shall be entitled to one (1) vote for
each Lot owned in all elections and such other matters as
may come before the Association. Membership in this
Association shall be mandatory and no more than one (1)
vote will be allowed for each Lot regardless of how many
individuals or entities have an interest in said Lot(s).
The By-Laws of such Association shall provide for the
assessment of a reasonable initial fee, annual membership
fee, and special assessments to provide the Association
with the needed funds to carry out the provisions of these
Restrictive Covenants. Any assessment remaining unpaid for
thirty (30)days shall become a lien or such member's lot
and may be enforced in accordance with Florida Lien Laws.
3. CO-y'ENANT FOR MAINT~NA~CE ASSESSM~NT
Each owner agrees to become a member of the Association
and to maintain his membership in good standing and be
guided by the Rules and Regulations of the Association so
long as he owns a lot in the Park.
The annual and special assessments by the Association
shall be used exclusively for the purposes of improvement
and maintenance of the Park and any easement in favor of
the Association including but not limited to, the cost of
taxes, insurance, labor, equipment, materials, management,
surface water management, maintenance and supervision
thereof, as well as for other such purposes as are
permissible activities.
Except as herein provided, the Board shall fix the initial
assessment and annual assessment in an amount determined
to be in accordance with the projected financial needs of
the Association. After the initial assessment, the annual
assessment may be increased each year by the percentage of
increase of the consumer price index for the previous
year, or up to 15% of the maximum authorized payment, for
the previous year, without regard to the consumer price
index, and without a vote of the Association. The fee may
be increased beyond the higher of either of these with the
approval of two-thirds vote of the owners.
Each owner, with the exception of the Initial Owners,
shall hereby covenant and agree to pay the Association any
annual assessment or charges and any special assessments
for capital improvements or repair as established, and to
be collected from time to time by the Association. All
such assessments, together with interest thereon, from the
due date at the highest rate allowed by law of Florida,
cost of collection, including reasonable attorney's fees,
shall be a charge on the land and shall be a continuing
lien upon the property against which each assessment is
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made shall also be the personal obligation of the owner.
4 . ~!;..r;:.LlJI.IY-,E: AND ABCI-!.L1J;:Cr.l!8.{4..1-_.!.~JII'1.t:1.! n:_EE
Prior to seventy-five percent (75%) in number of the Lots
in The Park being sold, the Initial Owners shall have the
exclusive right to elect at least three (3) persons to
serve as members of the Executive and Architectural
Cc,mmittee ("Cclmmittee"). Upc,n seventy-five perl:ent (75%)
of the Lots in The Park being sold, the Association shall
have the right to elect two (2) persons to serve as
members of the Committee. The Committee shall serve as the
governing body of the Association and shall assume all of
the responsibilities given the Association according to
these Restrictive Covenants. It is the duty and
responsibility of the Committee to see that the
Restrictive Covenants requiring their decisions and
involvement contained herein are carried out. The elected
members will serve for one (1) year terms and may be
reelected. Members need not be owners of Lots in such
subdivision, but must, as a minimum, have been appointed
by a Property Owner to represent him in all matters
dealing with the Initial Owners, Committee, or
AssclI: i at i I:,n.
The initial mailing address of the Committee shall be
Excelsior Business Park, Winter Springs, Florida 32708.
This address may be changed from time to time.
5. I NTE(~F~AIJ_O~LW I T!:-i WINTER SP8.I NI3$ ZON I NI3 REI3ULAT I gN!:i
In such instances where a conflict exists between any of
these Restrictive Covenants and the Zoning Regulations of
Winter Springs, then Zoning Regulations shall prevail. In
instances where the interpretation and application of
these Restrictive Covenants would be more restrictive than
the Zoning Regulations, then these Restrictive Covenants
shall prevail.
6. US.E~
The usage of all building sites and the operations to be
contained therein shall be subject to the prior written
approval of the Committee. Such utilization being limited
tCI office, ':c,mmercial, distributic,n, servi.:e, and light
industrial operations or any other application which is
consistent with commercial use as defined by the Zoning
Regulations. Such utilization shall be carried out
entirely within a building and related site so that it
does not produce a nuisance to any adjacent Lots,
including noise, vibration, emission of particulate
matter, odor, toxic or nontoxic fumes, pollution of water
and water management facilities or any other act which
could produce an unpleasant or adverse effect on adjacent
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7. ~tJH.. D_ I N.!..~..J? T R1JC T U R S9..
No building or other structure shall be installed or
erected on any building site without the written consent
of the Committee. Prior to the construction or alteration
of any building or other structure two (2) complete sets
of huilding plans and specifications shall be submitted to
the Committee showing the location of the building or
other structures, patios, walls, fences, driveways or
parking areas, loading docks, signs, setbacks, and
building material to be used. One (1) set shall be
returned to the Property Owner with the approval or
disapproval endorsed thereon and the other shall be
retained by the Committee for its future use. Construction
of such approved structures must begin within one hundred
twenty (120) days of approval by the Committee and be
substantially complete within four hundred fifty (450)
days of such approval. Refusal of approval of plans and
specifications may be based on any reason, including
aesthetics, and is at the sole discretion of the
Committee. Decisions of the Committee are final and no
appeal procedures are thereby available. Failure of the
Committee to review and comment on such plans within
thirty (30) days of receipt shall be deemed to constitute
approval.
8. '=_f:\!~tp"SCAP I NI:?!.
The building plans and specifications must contain the
provision that fifteen percent (15%) of the total square
footage of each lot shall be used for landscaping. Upon
completion of any building, the lawn area shall be
completely seeded or sodded with Argentine Bahia, st.
Augustine, Floratam or such other grasses that are
commonly used in the Central Florida area, with the
intention that each building be surrounded by a green well
kept lawn. Each Property Owner shall provide a sufficient
sprinkler system to adequately water the landscaped area.
Effort shall be made to preserve as many of the existing
trees as possible in their natural location.
'3. 9..ETBACK.9..
All setbacks from adjacent prc.perty 1 ines and r ights-of-
way shall be in accordance with Zoning Regulations.
10. eARKINI~
No parking will be allowed in any street or any other
place other than approved parking spaces. One parking
space shall be provided for each two hundred fifty (250)
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square feet of building space. Each parking space shall
be of a size sufficient to accommodate a passenger-sized
automobile and all parking areas and driveways are to be
paved with a minimum .:,f one and cIne-half (1 1/2") inch
asphaltic cc.ncrete sLlrface coat on a sL/; (5") inch soil
cement base. Parking areas are to striped an equipped
with one (1) concrete stop per each parking space.
Parkinq will not be permitted within fifteen (15) feet of
the property line bordering any street nor within ten
(10) feet of the side and rear property lines.
Any variance as to the number of parking spaces required,
location, materials to be utilized or size of parking
spaces shall first be approved in writing by the
Committee.
11. [j::NCES.
Fences and screening walls shall be constructed of
masonry, metal panel, evergreen shrubbery or any other
suitable material approved by the Committee and shall be
maintained by the Association.
12. ~ASTE D I Sf'jJSAL
All garbage and/or trash receptacles shall be enclosed by
fence or other type of screening wall which will prevent
the contents of the garbage or refuse area from being
visible from any Street or adjacent Lot. Garbage or
refuse ~reas shall not be constructed between the
building and a Street. Reasonable commercial pickup and
disposal of garbage and trash shall be required.
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All signs must be attached to a building and must not
extend above its roof line. No flashing or moving signs
will be permitted. This provision does not preclude usage
of signs normally used in connection with the sale of
subdivided property.
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No loading docks shall be constructed facing any street.
No material, supplies or equipment shall be parked or
stored overnight in any area of a Lot except that which
is suitably screened from view by a suitable barrier.
This includes licensed and non-licensed vehicles, mobile
and/or stationary equipment and damaged or Junked
vehicles.
15. MAINTENANCE
The owner, lessee or tenant of any building site shall
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have the responsibility for the maintenance of the
premises, building, attachments, improvements, trash
receptacles, and landscaping in a clean, well maintained
state at all times. The Excelsior Business Park Property
Owners Association will be responsible for keeping the
park properly mowed and maintained at all times and,
give notice of such failure.If such failure occurs then
that notice of such failure will be communicated to the
owner, lessee or tenant in writing. The owner, lessee or
tenant shall have fifteen (15) days from receipt of such
notice to perform the requested maintenance to restore
such site to its desired condition. If the owner, lessee,
or tenant should fail to perform such requested repairs
or maintenance, the Committee shall have the right and
authority to undertake such repairs or maintenance at its
expense. In the event such owner, lessee or tenant fails
to reimburse the Committee for the costs incurred by it
within thirty (30) days of having been billed, then the
costs incurred shall be recorded as a lien against such
property.
16. ~ANAGEMENT OF TM~ SURFACE WATER MANAGEMENT PERMIT
The Initial Owners of The Park have obtained a Surface
Water Management Permit from the St. Johns River
Management District for the operation and maintenance of
the lake and surface water system in The Park. In
accordance with Article 2 of these Restrictive Covenants,
the Association will assume the rights, responsibilities,
obligations, and functions required of the Initial Owners
under the aforementioned permit, including renewals and
modifications when necessary.
17. f-:.NF()BCE;M~NT
Enforcement of these Restrictive Covenants shall be by
proceedings at law or in equity against any and all
persons violating or operating contrary to any
Restrictive Covenants contained herein. Enforcement shall
be allowed to restrain initial or further violation
and/or to recover damages.
18. t10DIE1..~ATION
Any or all these Restrictive Covenants may be terminated
or modified by a majority vote of the Committee. Any
amendment or modification shall be recorded in the Office
of the Clerk of the Circuit Court of Seminole County,
Florida. No such amendment or modification adopted shall
subject any Lot or Property Owner to a more onerous
restriction without the written consent of such Property
Owner.
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condition contained herein shall continue in full force
and effect in perpetuity commencIng with the date
herec,f.
20. ~EF~CT_ OF .!.l~L~.f.t'=-.HW..ILQ!i
In the event that any provision continued herein is held
to be invalid, it shall not affect the validity of any of
the remaining provisions, which shall continue in force
for the duration, including extensions, of these
Restrictive Covenants.
21. I N!?P~CI19_fi
The Initial Owners of The Park and, upon its formation,
the Committee, reserve the right to enter and inspect any
of the Lots and buildings thereon in order to insure
22. E.E z..O~I NI;?L
The Park is zconed fcor commercial (C-1) use. Each Property
Owner agrees that he will not bring any action to change
the zoning of any portion of the property without the
prior written consent of the Initial Owner.
23. f:NfOE~~_MENT
The failure of the Committee or Property Owners to
enforce any of these provisions shall in no event be
deemed to be a waiver of the right to enforce any or all
of these Restrictive Covenants.
24. ~CCF;:SB-LO THJ; C I I.'y_OF W I-"~LL_sF~ !:iPI:": I W3S
I
The Association hereby grants to The City of Winter
Springs, access over all lots for purposes of maintenance
and repairs for sewer lines and manholes.
25. ADDENDUM
A. Notwithstanding any other provisions contained
herein, no amendments may be made to this
dCII:ument without the prior approval of the City
of Winter Springs, Florida.
B. The City of Winter Springs is a third-party
beneficiary with right to legally enforce these
dCII:uments.
C. Nothing contained herein permits or authorizes
any violations or deviations from the City Code,
City of Winter Springs, Florida.
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IN WITNESS WHEF.:EOF, the under~igned have e:t;ecuted this
Declayation c.n thE' -4-'/7day ,:,f J4N/,II"ftZ-( , 1'38'3
Signed, sealed and del iveyed in . ./.---)
the p'{Bnts of 8- ~ /
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Salvatoye B. Muhizzi
STATE OF FLOF.:IDA )
) ss
COUNTY OF SEMINOLE )
BEFOF::E ME, the undersigned authority, duly auttloyized to
administer oaths and take acknowledgments, this day
peysonally appeared E. Lee Munizzi and Salvatore B. Munizzi,
fee owners of the Excelsior Business Payk, who, acknowledged
and they executed the foyegoing Declaration of Restrictive
Covenants for Excelsioy Business Park, Seminole County,
Winter Springs, Florida, foy the puyposes therein expressed,
having full authority to do so.
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WITNESS my hand and official seal in the Cc.unty .an~,'.~~~~~~.... "<;.-:.
fir st above wr it ten c.n the j-TJ:L.. day c. f J~nVI\ I2Y i/::'{-l"':3~~ - J-~ ~ \
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Notary Public, Sl~tc 01 Florida at [~r[(c
.My Comrr,i5sicIl Ey.~i;c!; .fllarch J! 19,9l
My Commission Expires:
THIS DOCUMENT WAS PREPARED BY:
LLee Munizzi
207 Moss Rd. North
Winter Springs, FL. 32708
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EXCELSIOR BUSINESS PARK
"EXHIBIT "A"
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DOUG'S UrHT 112, DeSCRIPTIOrl
^ portion of n.R. l'lilcllell's Survey of llle Levy G"i1nl, Plat (Jook 1,
Pilge S, of tile PI/hl'ic Records of Scminole COl/llty, f7lorida; more
pilrticl/lill'ly de~crilJed ilS ffJI10\'/~: COl1l11lel1(e' (It Lhe 'intersection
of tile East riallt-of-\'/ilY lille of 1,105s rOild ilne! tile centerline of
l.oI10,'/ood-Ovicdo rOild ilS shO\'II1 011 the plllL of Il0rtl! Orlllndo, PlilL
nook 12, PilQes]O und 1], PlIblic Rccords of Selllinole COUllty, Florida;
1.11 e 11 r: c. t lOG 0 5 S I 33" \I al () n 0 sa i d I: il S t r i Q h t - 0 f - \'I il Y 1 i n e 0 f 1,10 s s rOil d
a distal1ce of 532.n~ feet to,tho point of CI/rvutl/re (PC) of II cllrve
conCilve Eilsterly illlt! hllving for its rrincirle clements. il rlldil/~ of
G7Ci.7C feet illlt! il central .11l91e or 3?"02'~5"; rllIl thence lIortherly
lllong 1.I1e urc of stlid cllrve 37CLS3 fr.eL to the roint of tilnQellcy
thereof; 1'1In thellce 1125"07'12" I: il distilllce of 32~.OO feel: to tile
point of l1eginllinQ; thence cOlltilll/e II 25007'12" e il distunce of
]7.]2 fcet to the Casterly rrolongilUon of the lIortll rigl1t-of-\-/ilY
line of 3rd Street ilS shol'l11 on tile ilforesilid plat of 1I0rth Orlilndo;
run tl1ence II 2GI)~3'0211 [il distilllce of 175.137 feet; run thence
S 62":)7'~GII [ a distance of 511).00 feet; run thcnce S2r02' 1~"I'1
il disLlnce of 30.00 fect; L1lellce S 62"57'~G" E il distance of 72.00
feel.; rlll1 1I1cnce S 27"02'H" \./ il distilnce of 2(j9.0~ feet; run tllence
1/ 72"OG'3~" \.1 i1 distilnce of 31)~.~Ci feet; 1'(11111 2700211~" a di~Llnce
of 1613.7G feet; run Lhence II G2()57'~G" il distilnce of 200.00 feet Lo
Lhe point of be!Jinnill!J. Contilining 3.79 ^cres.
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