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HomeMy WebLinkAboutWinter Springs Plaza OFFICIAL RECDR[lS BOOK. PAGE '65 , 0051 NOTICE OF RESTRICTIONS AND AGREEMENT OF MAINTENANCE SEMINOLE CO. FL. KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Group 3, Design and Construction, are the owners of real property located in Seminole described as follows, to-wit: lrlc. (Develc.pet-s) Courlt y, Fh:lt'id a, All of JoLinter....5.pr.irll1..s-E.laza..-, accm'ding to the plat thet'eof as recorded in Plat Book __________, Page ________, Publ ic Records of Seminole County, Florida. AND WHEREAS, Develc.pet-s desire that all of the above described real property be subject to like restrictions for the mutual benefit and protection of itself and all parties, individual, corporate or otherwise, who may hereafter purchase or acquire said property or any part thereof or any interest in, or lien upon said property or aY'~ Pi:H-t t h et'eo f. NOW THEREFORE, in consideration of the premises, Developers do hereby declare the above described real property to be subject to the following restrictions, reservations, convenants and conditions binding upon said Developers and upon each and every party whether individual, corporate or otherwise, who or which shall have any right, title or interest in said real property or any part thereof, and their respective heirs, personal representatives, successors and assigns, said restrictions, convenants and conditions being as follows: 1. DEFINITIONS. (~l) "Associat ic,Y'I" shall mearl and Plaza Owners Association, Inc., a Florida its successer$ and assigns. t'efet' t.:. CClt-pot'at iorl Wi ntet' Spt'i rigs nc.t fOt' pt-.:.f it, (b) "Pt-c.perties" shall mean and t'efet' to all c.f that cet'tairl pt'c.pet'ty t'efet't-ed t.:. arid desigrlated as Tt'act "A" arId Tt'act "B" and the private road right of way delineated as on the Plat of lIiu.tar_SwiruJs.YJilZa__, Publ ic t'ecclt'ds of Semirl.:.le Cc.tmty, Flm'ida. (c) "Lc.t" shall f11ean arid t-efet' tc. any nurllbet'ed pat'cel of real property as shown upon the recorded plat of said Winter Springs Plaza. . . (d) "Site" sr'e'.ll r,lean an at~ea e,f lal',d in the same ownet~st-lip, whethET a] 1 c'r' pcH't of ;::l le,t Or' lot~, withil'l the Plat of Wir-,ter' Spr'ings P1",;:a, fc'r' thE' p:n'p'='':'E''', ,:,f l,=,cCltlng thE'I'PC'I': ,"I',E :'1'- r,10r-.e bU1]d1ngs by thE' ':',-..Inel" thel'eof. nr,)' E'c?~E'rllc'nt e'r' easF'r'l(?(:t~ C,'VEr- any PC'r't 1 ':::'1'1 of a slte ~~lc<.l] be. il',cllJc-:E,ej W~,E" c,:::,rllputing thee ar'ea ,:::.f the slte. Al"y p':::lr-ti.:::,I" e,f a site utll:..zec1 fell" str'eets, utllltie<;:. 01" dt'alnage, whether acqu i t'ed by er,l j I',ent d,:::,r'1Cl 1 1', or' by conveyar,ce e.t- ded icat i or" sha 11 continue to be included in the computation of thE area of the site. (e) "Mer,lber-" shall rl1ean and r~efet' to e/et'y pet~son Ot~ who holds a membership in the Association. er,t i ty (f) "Ol>'Jner'" ~,hall meal', and t~efer' to the t'ecord ownet', whethet' one or more persons or entities, of the fee simple tItle to any site within the Deveopr'lent, including the sellet' of an executot~y contt~act of sale, but excluding those having such interest merely as security for the performance of an obligation. ~, (g) Deslgn and "Developet'" 01" "Developet's" shall mean and t~efet' to Gt~c'up COl'lstr'uct ion, Inc., theit' successot~s and assigns. (h) "Restt~ict ions" shall r,lean and t~efer to these t~estt-'ict icons a.nd Agr'eerl1f?nt of Maintenance applicablE' to the Development t'ecot'ded in the office of the Clerk of the Circuit Court, Seminole County, Florida. (i) "Developr'lel',t" shall rl1ean and t'efet' to all of the pre.per"ty as lS hereinabove set forth. fr~orll (J) "Mainte(,ance Year'" shed I mean and t~efet- to a January 1 to December 31 of each year. yea 1" Ul CJ') t'unf~ n~ 2: c> r- m n o ..., r- f { ( 2. ASSOCIATION MEMBERSHIP c::> C) <J1 ~ l c r Every person or entity who is a record owner of a fee simple title (eithet' solely Cot' joil'.tly) ir, any site which is subject by covenant of record to assessment by the Association, including the Seller' of al'l exec'..ttot'y cor,tt'act elf sale, shall be a membet' elf the Association. The foregoing In not intended to include persons or entites who hold an interest merely as security for the performance of an obligation. No owner shall have more than one membership as to each site. Membership shall be appurtenant to and may not be separated from ownership of any site which is subject to assessment by the Association. OWY',er'ship of such site shall be the sole qualification fot' r,ler'lber'sh i p. 3. VOTING MEMBERSHIP The Association shall have two classes of voting membership. Class A. Class A members shall be defined in Paragraph 2 hereof with the exception Class A members shall be entitled to one (1) vote more than one person jointly holld a single all th':rse owners as of the Developer. pet' lot owned. Wh en membership in the ... e e '~ssociation, the vote for such membership shall be exerclsed as they among themselves determine, but in no event more than the above specified number of votes be cast with respect to anyone site. Class B. Th~ Cl~ss B members shall be the Developers. The Cla.sc:o B rllerllbet's sha.ll be ertltleo t,:, fout, (4) v.:.te,= per- lot owned by the developer. The Class B membership snaIl cease and be convet't ed to Class R membet'sh i POr-I Ot' befot'e five (5) yeat's ft'Or'l cnt hzr) dat e het'ec,f. ~ U1 ;;.r: C> r ", n ~ C) ;:! C) U1 Every merllbet' shed 1 have a rigr-,t tel use ar-,d ar-, eaSenley,t ClvW all the private roads within said Winter Springs Plaza and any and all driveways and/or any and all roads to the parking areas, and such easement shall be appurtenant to and shall pass with the title to every site, subject to the following provisions: 4. USE OF THE "PROPERTIES" (a) The right of the Association to suspend the voting rights of and right to use the Properties by a member, (1) for any period during which an assessment against his site remains unpaid; and (2) for a period not to exceed thirty (30) days for any infraction of its published rules and regulations; (b) The right of the Association and/or Developer to dedicate or transfer all or any part of the Properties to any publ ic agency, authot'ity, ot-. I.ltility fClt' such p'-lt'poses and subject to such conditions as may be agreed to by the members. No such dedication Cor transfer by the Rssociation shall be effective unless an instrument signed by members entitles to cast three- quarters (3/4) of the votes of the Class A membership and three-quarters (3/4) of the votes of the Class B rllerllbet'ship, if any, has been recot'ded, agt-eeir-II] to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than thirty (30) days nor ~ore than sixty (60) days in advance. 5. ASSESSMENTS (a) The Developet-, fot- each site owned withiYI the development, subject to the provisions below, hereby covenants, and each owner of any site by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or assessments or charges and (2) special assessments for capital improvements, such assessments to be fixed, established and collected ft'Orll time to time as het'eirlafter provided. However, the Developer shall not be required to pay annual or special assessments on any unsold and/or undevolped lots or sites for a period of two (2) year from the date of recording these Rest t' i ct i Or-IS. The annua I and spec i a I assessment s, t coget het- wit h such interest thereon and costs of collection thereof, as hereinafter pt'clvided, shall be a chat-ge oy, the land aY"ld shall be a cont iYluing 1 i en upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell - . ' e e dUE'. E';~c lu<:', i '.Ie 1 y Pr-,:'pel-t 1 E';::" '('e 1 c?, t E:;c! t CI (b) Tt-iE.' assessr"er-,ts levIed by the for the improvement and maintenance of se,'V1CC'" anei faCIlities devoted to the ~sc of the Development and ir'pr-c./erl1ent.:;: S,ltuc<tE'O within the devel.-. opment. Association shall be the Deve I oprnent, the this purpose and of the st t'uct '.wes <:,\ nd (c) Each member shall pay to the Association an amour~ determined by the total assessment divided by the total number of lots times the n ur"bet' of lots owned. Assessmerlts at'e to be collected qua )" t e t' I y . (d) Ft'clm and aftet' Januat'y 1, 1985, after cor.sidet'atiorl of current maintenance costs and future needs of the Association, the Board of Directors of the Association may fix the annual assessment at an amount up to but not exceeding 115~ of the annual assessment fo~ the p t' i c.)" yea t' . (e) Howevet', shcluld it become r.ecessat'y, the ar,r,ual assessment may exceed the amount set forth in paragraph 5 (d) above, upon the approval of three-quarters (3/4) of the votes of each class of mer"bet's v-Jho at'E voting ir, pet'sor, Ot' by Pt'oxy, at a rlleetirlg duly callett- fOt' th i s, pUr'pose, wt'i tten not ice of wh ich shall be sent to all men,bEt'~ rn CJ'I r,ot less than ten (10) days I",Ot' mot'e than thit'ty (30) days iI', advar",cE'"" of the meeting, setting forth the purpose of the meeting. ~ r- ", n CI '"T'l r- 5. SPECIAL ASSESSMENTS C) <:.:) CJ1 .... l ( r In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose fo defraying in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described improvement upon the properties including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of tht'ee-quat'tet's (3/4) of the votes of mePlbers who are voting in person or by proxy at a meeting duly called forthis purpose, written notice of which shall be sent tl all members not less than ten (10) days nor more than thirty (30) days in advance of the meeting setting forth the purpose of the meeting. Special assessments shall be assessed and paid on the proportionate basis as annual assessments and may be collected on a monthly basis; provided, however, the foregoing requirement shall not prevent special assessments against any particular sites which are established pursuant to the terms of this Declat'at ion. 7. QUORUM FOR MEETINGS ON ~SSESSMENTS At the f i t'st r"eet i rig ca 11 ed, as pt'OV i ded i Y', sect i oriS 5 (e) and 6, hereof, the presence at the meeting of members or of proxies entitled to cast fifty percent (50~) of all the votes ~f each class,of membership shall constitute a quorum. If the required quorum is not fot't hcc'rI1 i ng at any meet i ng, anot het' meet i ng may be ea lIed s'..lbJ ect to e e OFFICIAL P.[~OROS BOOK PAGE the notice requirement set forth In sections 5 (e) and 6. r 6 5 r 0055 SEMINOLE CO. FL. 8. TER~ OF ASSESSMENTS The annual assessments provided for herein shall commence as to all 1 ot~. on the f i t'st day elf __<!.a.!1.!:l~!::.y._______, 1986. The fi t~st annual assessment shall be adjusted according to the number of months remaining in the maintenance year. The Board of Directors shall fiM the amount of the annuall assessments against each site at least thirty (30) days in advance of each annuall assessment period. Written notice of the annuall assessments shall be sent to every owner subject thet'eto. The due dates shall be establ ished by the Boat'd elf Dit'ecto)'~s. The Association shall upon demand at any furnish a cerificate in writing signed by an officer of the Association setting forth whether the assessments en a specified site have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. 9. DELIQUENT ASSESSMENTS Any assessments which are not paid when due shall be delinquer,t. If the assessr,',ent IS not paid withiY" thit'ty (30) d,::l.Ys after the due date, the assessment shall bear interest from the date of the delinquency at the t'ate of eighteen (181-) pet' annurll, arid the Association may bring an action at law against the owner personally obligated to pay the same, Ot' fot'eclose the lien against the pt'opet'ty, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessments. No owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the properties or abandonment of his site. 10. MORTGAGES; FORECLOSURES. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot or site shall not affect the assessment lien. However, the sale or tt'ansfet' of any lert Ot' site which is subject ter ar,y mCrt'tgage, pUt~SUC:l.Y'lt to a decree of foreclosure under such mortgage or any proceeding in lieu of the fOt'eclosut'e thet'of, shall extiY',guish the lierl erf such assessments as to payment thereof which become due prior to such sale or transfer shall relieve such lot or site from liability for C:l.r~ assessments thereafter becoming due or from the lien thereof. 11. USE RESTRICTIONS (a) The Development Property shall be used purposes as permitted by the City of Winter Springs, ern I Y fClt' Flot'ida, if', those fot~ ce . ' e e and affect on the date of this Declaration a~d ~s the same may be ,het'et'aftet' cHl1ended ft',:,rn timE' to tirlle, but exp"e"s~y excludiy,g thel'eft"oh: any use fot- w""',ich D sPEcial excE'ptior. l~ t'E:Ci"jr'E'C ur,]ess such speclal exceptiort is apP,'ovec in "H'iting by the Deve'",:::<:t'S, a= le,ng as thC"r'E exists a Clas':: B \,.::,te vntr-,J'(; t>-,E' Ass,::'cJ,jti,~:',. [i)'ICE thE Cla=~:' B vote ceases tel eXl=t=, such speCIal e><cepi.: ie; r".,s; bE C:;PP"C'VE'C ~.~': ...'~ it.i r.; by a rllaJol-ity ve,tE' of the Be''::'r'C: of Di,'ect,:-,,-: ,::,f the Association. Further, as long as there exists a Class B vote WIthin the Associ- tion, the Developers reserve the right to limit, restrict or expand the use of a particular site or sites under the terMS and conditions hereinafter provided. OnCE the Class B note ceases to exists, such right shall be reserved to the Board of Directors of the Association. (b)No use will be operated or maintained upon any site shall: which 1. Ct'ec:'.te an undue fit'e ot' health hazat~d to adJoiy,ing sites; 2. Cor,st it ut'e a r,u i sar,ce; 3. Cause the emission of noxious or other conditions which are intent of this Declaration Development; 4. Ct'eate dust, d i t't Cot' fly ash; odors, gases, smoke, noise, CC,y,tt'at'y to the put'pose am arid the standat-.ds of tnttfl) ~ U1 :;',2 C> r- m n o c:::) ~ c::> en 0') (c) Parking. All parking within the Development Property shall be c,ff-stt'eet in the at'eas pt'ovided. Such pat'l-dng sha.ll be as~::;igned and restricted for the sole use of the Owners or the Leasee, and shall be adequate to accommodate the parking needs for employees, visitors and owner's or leasee's vehicles. C' ..J. Create an explosive hazard. No parking shall be permitted outside of the designated parking a t'ea. 12. ARCHITECTURAL REVIEW No improvement shall be maintained upon the Development Property, nor shall any exterior addition to or change or alteration be made to any previous improvement on a site until the plans and specifications showing the nature, kind, shape, height, materials aY~ location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding improvements and topography. All approvals under this Paragraph shall be by the Developers, as long as there exists a Class B vote within the Association. Once the Class B vote ceases to exist, the approvals hereunder shall be by the Board of Directors of the Association. Improvements approved as aforesaid shall be subject to the following: (a) Site Plan. Prior to the commencement of construction of any Improvement, a site plan will be submitted for approval. Such site .' e e and c""lffect on the date of this DEclat'ation and as the same r1l3Y be het'et'Clfter"' cSrllendeCl ft'Orll time to t irlle, blJt expt'essly excludiy",g ther'eft"olr. any USE foy WhIch 2 special EXCEPtion is required unless such special except lon i'C appt'c'vec in I-H'it int;; by the Devel.:'pet's, a!:: long a~ thc~t'e Ehist" a C]a~~, B v'e,te ",'it.:'1"; t'H'? Association. OnCE' thE Clas~' B.;,:,te CE2c.:.E'c: tc, E')-]stS., sl,'.ch speCI2,; E.}ception r!llJst be appt'ovE"C ir It;~'it r,: by a rlla,-~'r"ity vc,tE ':':~ tf-,e E'c,at"d ,:,f Dit'ectot's of the Association. F'wthet', as le,ng as thet'e Exists a Class B vote withiY". the A~:sc'c 1- tlon, the Developers reserve the right to limit, restrict or expand the use of a particular site or sites under the terms and conditions hereinafter provided. Once the Class B note ceases to exists, such right shall be reserved to the Board of Directors of the Association. (b)No use will be operated or maintained upon any shall: site which 1. Ct'eate an I.mdue fit-e Ot' health hazat-d to adJoiY"dY"lg sites; 2. COY"lst it ,-we a Y"IU i sance; .. ...... Cause the emission of noxious or other conditions which are intent of this Declaration Deve 1 opr'lent ; odors, gases, smoke, noise, corltt'at-y to the PUt-p.:,se anQ_ and the !:;'.tandat-ds of uthcn rT1 CJ1 3: z o .- FT1 n o ..., r- t ( ( 4. Ct-eate (Just, dit't Cot' fly ash; 5. Create an explosive hazard. <:::) <:::) c.n (c) Pat'kil'"lg. All pcn-kil"lg within the Developrllent Pt'opet'ty shall"' be off-stt'eet in the at'eas pt'ovided. Such pat'king shall be as<o'.igned and restricted for the sole use of the Owners or the Leasee, and shall be adequate to accorlHllodate the pat'kir,g need:=.. fOt-. employees, vir,;itc:ot-s and owner's or leasee's vehicles. No parking shall be permitted outside of the designated parking a t-ea. 12. ARCHITECTURAL REVIEW No improvement shall be maintained upon the DevelopMent Property, nor shall any exterior addition to or change or alteration be made to any previous improvement on a site until the plans and specificat icons showing the l'"latut-e, kind, shape, hei.ght, matet-ials arid location of the saMe shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding improvements and topography. All approvals under this Paragraph shall be by the Developers, as long as there exists a ClasE B vote within the Association. Once the Class B vote ceases to exist, the approvals hereunder shall be by the Board of Directors of the Association. Improvements approved as aforesaid shall be subject to the following: arlY (a) Site Plan. ImproveMent, a site Prior to the commenceMent of construction of plan wi 11 be submitted felt' appt'oval. Such si te , ' e e A~~ociat ion. Interior Mainten2nce: Each lot owner s~all provide lrltFI'lOI- r'laintpY,2nCE' ar,d be l'e=-~'~Ir,slble fOl' the stt".lct'_P-o1 se,undnc'ss of any lr'lP'r',:,vcr'lent.",. ','pe,y, hl~' le.t c'"d fo" the cat'E' and t"eplacE'r,~erlt e,f all 0':">' ,,: C'. no v. 1 r,a ':'h C: 2. t-'C U pOl', eac:'h s t I' uet '-ll'e 01' i fI1 pt'e.verilent t h f?I'E-:::' r" S,',,:.,_,ld ar,y ow'r,EI' ('Eglect e'l' fall to rnair,tain the stl'uct'.wal ir,tE'91'ity of his improvements and/or the windows and doors, the the Associaticm may maintain and repair same. (b) Association. The Association, subject to the rights of the OWrH?I'S as set fOt't h i r, t his Dec 1 at'CI.t ion, sha 11 be t'espons i bl e fot' the exclusive management and control of the common areas and private road right of ways, and pal'king al'eas shown or, the plat of Wir,tet' Spl'irlgs Plaza and all improvements thereon. The Association shall keep the same in good, clean, attractive, and sanitary condition, order ar~ repalr. In addition, the Association shall provide lawn maintenance anci landscaping few each lot, which shall consist of m()Wirlg, tt'immirlg, edging, and maintainirlg thE' gt'ass and landscapit',g ot', each lot. The Association shall retain an easement for igress and engress upon ar~ across all portions of each lot for the purpose of said lawn ma 1 nt eriance. (c) AlteratIons. No change in color of any exterior walls or change iI'" siding, sr,ingles Ot' othel' extel'iot' fllatet'ial installed by Developer shall be allowed. The intent of the subparagraph is to mail",tain the I.mife'l'mity of colot' of extet'ie't' wall arid types elf materi~ used tel t'epl,o-tce those insta,lled by Developer'. (/) 0") ~ Con Z o r- m n p c c ~ ... C) ~ C) c.n The ent it'E' site, outside of the bui Idir,g pad cwea, shabb constitute an easement for installation and maintenance of utilities and drainage facilities. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or drainage. 14. UTILITY AND DRAINAGE EASEMENTS .., ~ c ,.. 15. APPLICABILITY. Each person or entity who is a undivided fee interest in any site shall restrictions, together with the provisions of Rules and Regulations of Winter Springs Plaza record owner of a fee or be subject to these the Articles, Bylaws and ownet's Assclciat iOYI, IYlc. 15. AMENDMENT lar,d, These covenants and restrictions shall run with and bind the at',d shall irlur'e to the benefit of arid be er,fot'ceable by the , . e e Assoc 1 at ion. .' I1',te,'iOr" MC:\.intenance: Each le,t owne,. shC'll p,"ovide l1',ter-Ie.,' mC\intE'Y'2nCE' aY,d bE' ,-esponsible fo,- the stt".\ctul-al ~oundr,pss of any' irnpr-'over'lonts up>:.,n hIS: lot at",eI fo'. thE' CCi,'e '~'.nd ,"eplaCer'lE'nt .=.f all ooo,'s. and l-Jind,:.ws- e.nG '.lpon each st,'uctu,'e 0,' ifl1pt",.~,ver'lent thE",'e.::.,n. Should ay,y oWr,er" neglect Co,' fai 1 to maintc,in the st,"uctut'al integ,'ity eof his imp,'over'lents and/e.t'. the wi1',dows and coo,'s, the the Associati.:.n May maintain and repair same. (b) Association. The Association, subject to the rights of the oWnet'S as set fOt'th i1" this Declat'atiorl, shall be t'esponsiblc fo,' the exclusive management and control of the common areas and private road right of ways, and parking areas shown on the plat of Winter Springs Plaza and all improveMents thereon. The Association shall keep the sar,le ir, good, clear" att,'act ive, arId sar,ita,'y cor,dit ion, ol.'de,' and repair. In addition, the Association shall provide lawn maint~nance and 1 aridscap i ng fo,' each lot, wh i ch st-,a 11 corls i st e,f m.=,w i ng, t ,'i fJ1mi n g, edgil'",g, al'",d maintaining the g,'ass and landscaping on each lot. The Association shall retain an easement for igress and engress upon and across all portions of each lot for the purpose of said lawn maintenance. (c) Alterations. No change in color of any exterior walls or change in siding, shingles c.,' othe,' exte,'io,' r'late,'ial installed by Developet' shall be allowed. The intent of the subpc:lt'ag,'aph is to;;;.- maintain the unife.t'mity of ce,Ie." of extet'io,' wall and types of mateu,ia:::n used to ,'eplC:\.ce those installed by Devele.per'. ~ CJ1 ::i: o ,- 1"11 C') P r: c ~ , C) ~ C) (.11 CD The entit'e site, outside of the buildil'",g pad at'ea, shall constitute an easement for installation and maintenance of utilities and drainage facilities. Within these easements, no structure, planting or other material shall be placed or permitted to remain which May damage or interfere with the installation and maintenance of utilities or drainage. 14. UTILITY AND DRAINAGE EASEMENTS ~ c r- 15. APPLICABILITY. Each person or entity who is a record owner of a fee or undivided fee interest in any site shall be subject to these restrictions, together with the provisions of the Articles, Bylaws and Rules and Regulations of Wir,te,' Sprirlgs Plaza OWl'",e,'s Assc<ciatie'YI, Inc. 15. AMENDMENT 1 a l'",d, These covenants and restrictions shall run with and bind the and shall ir,u,'e to the berlefit of ar,d be e1',fot'ceable by the I=lssocIatiol'"', Or-' th~wner- .:,f any sIte s,,'bJe' to this N,:.tlce of REstrictions and Agreement of Meintenance, their respective legal '" . t'ept-'esentative, heit-.s, S'.lcces:s,:.,-'S al'",d assigns, ""0" co. tet-'fll of twenty (20) yec;\f' ft-of'~ thE' datE' th i~'l d,:,cuf'lert is ,'ec':'t'c:icc, after- vJ'"; IC:, t i. f,le said covenants shall be automatlc2~1) extended for succeSSIve ~cl-iods of ten (10) yec?t's.. Tr-'E! c,:,ven".)'",ts ane: r'e5tt'ic~joY;' of this. c',:,curi;F t r,'la.y be amended during the first tW2ntv (20) year period b; an instru- ment signed by not less than seventy-fi~e (75%) of the votes of the owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the votes of the owners, provided, however, that ar~ institutional mortgagee which holds a note secured by a mortgage encumbet'ing any t'eal pt'opet'ty located within Serllinole County must gi ve its written consent prior to any amendment hereof. Any amendment must be properly recorded. 17. REMEDIES FOR VIOLATIONS For violtion or a breach of any provision herein by any person claiming by, through or under the Developers and/or Association or by virtue of any Judicial proceedings, any owner and/or the Association or an institutional fit'st mOt'tgagee, Ot' cmy of thefll, sevet'ally, shall h,,;)ve the right to proceed at law for damages or in equity to compel cor'lpl ial'"lce of any of ther'l, Ot' fe.t' such othet' t-el ief c'.s may be appropriate. In addition to the foregoing right, the AssociatIon shall have the right whenever there shall have been built within a site any structure which is in violation of this Agreement, to enter upon the property where such violation of this Agreement exists, and summari ly abate or remove the same at the expense of the owner, provided, however', the Hssociat ion shall then f'lal<.e the necessat'y t'epait.,s, cnst t'uct ion, et c. , necessat'y t e, i nSUt'e that t he pt'ope~'t y and ifllpt'OVemel'",ts whet'e such violation occut'ed shall be ir, the S,;J.rmi'.. cond it i on as it was Ot' t'emova I sha 11 riot be deerlled a t t~espass. T~ en fa.il'_we pt'omptly to enfot'ce a)'",y of the pt'ovisions of this agt'E."'~C'"CI.h shall not bar their subsequent enforcement. ~ C> r- rTI ("') C> -., r- CXl o o ~ 18. WAIVER. <::) C) en c:;:) ~ :> G"> rTI Any failure to enforce any given situation shall not be deemed pt~ovisiO:ln. The fai lure te, enfot~ce likewise not be deemed to be enforce the same. provisions of this Declaration in a a waiver or abandonment of such any provision herein contained shall a waivet' of such t'ight to thereafter 19. ASSIGNMENT. Any and all of the rights, powers and reservations of Developers herein contained may be assigned to any person, corporation or association which will assume the duties of Developers pertaining to this Declaration. . . -' . 20. INVA~ID.:nION. If Clny p,-,::,vlsion of this Decla'-Cltiol'", i" held to b~ invCll1d by Clny CO'-lt't of corllpetent J'_wi5:dictie,n, s,'Jch in'/5.11dit:: ShE:~~ )";,:,t effE'ct the validity of the t"ernaining pt-'e,v1siol'"ls,. het"e,:,f. this ___~~=N~~~ WHEREOF, / we have het'e'-mt Co set ell_It" of __~_________, 1985. har-Ids and Sei,,\ 15 WITNESSES: (~ () - I;..JrhYilL'4~I~~~ ------- --~-~---- NAME ; 1'1'1" I" \\1'3 0 "," " '- .......... J'~~; .... "", , t;\ ;: D ~ - .,.- ':) c) Q. &.? ~7:~ ~.... /,. '.. ., ... .' · .....st.~,\ eft 0 U'I g en rr1 3: 5: C> r- m (") PC) ~C) CJ) - ., l; c; r.