Convenants
Prepared
by:
JOSEPH J.
WEISENFELD
Attorney-At-Law
Fourth
Floor
104
Crandon Boulevard
Key
Biscayne, Florida 33149
DECLARATION OF COVENANTS AND RESTRICTIONS
FOR
WOODLAND TERRACE AT COUNTRY CREEK
THIS DOCUMENT contains certain
covenants and restrictions made by JOSEPH J. WEISENFELD, Trustee under an unrecorded
Trust Agreement dated the 10th day of June, 1983 ("Trustee") on July 5, 1985. The Trustee is called the "Developer" in this document.
DEVELOPMENT PLAN
Country
Creek is a planned unit development (P.U.D.) located in Seminole County,
Florida. The land plan for the Country Creek property contemplates a variety of
land uses: single family detached homes, cluster homes, town homes, condominium
units and commercial development. The land plan contemplates private streets,
recreation and open spaces, sanitary sewer, drainage and water services.
To protect land values and to preserve the natural beauty of Country
Creek, each subdivision and condominium being developed in Country Creek will
be subjected to land use restrictions and architectural controls at the time it
is developed. To enforce these restrictions and to provide the services needed
by each development within Country Creek, the Developer will create an owner's
association for each separate subdivision and condominium in Country Creek. To coordinate the several separate subdivision and condominium associations
and to provide services benefiting the entire Country Creek Community, the
Developer has created an overall Master Association. The members of the Master
Association shall be representatives from each subdivision and condominium in
Country Creek.
PURPOSE
OF THIS DOCUMENT
The purpose of this document is to subject the property described in Exhibit "A" (the “subdivision") to certain covenants and restrictions, which are intended to benefit and obligate the Owners of each Lot in the Subdivision. This document is sometimes referred to as these "Covenants".
Developer declares that the Subdivision shall be conveyed and occupied subject to all matters set forth in this document. These Covenants shall run with title to the land and shall be binding upon the Developer and upon all parties acquiring any interest in the Subdivision after the recording of these Covenants in the Public Records.
ARTICLE
I
MUTUAL BENEFITS AND OBLIGATIONS
The Covenants contained in this document are made for the mutual benefit of each and every Owner of a Lot or Parcel in the Subdivision. They are intended to be nondiscriminatory. They
are also intended to create enforceable rights and obligations in favor of and against each Lot or Parcel and its Owner.
ARTICLE
II
DEFINITIONS
The following words when used in this document shall have the meaning given to them in this Article.
Section 2.1. Subdivision.
This term shall mean all the property known as Woodland Terrace at Country
Creek as described in the Plat thereof, which is recorded in Plat Book 33
at Pages 96, 97, and 98, of the Public Records of Seminole
County, Florida.
Section 2.2. Lot. Each
platted lot in the Subdivision, regardless of whether a dwelling has been
constructed on such lot. Lots shall not include parcels of land designated
Tracts “A” through “E” on the Plat of Woodland Terrace at Country Creek.
Section 2.3. Master
Association. Country Creek Master Association, Inc., a Florida
not-for-profit corporation, its successors and assigns.
Section 2.4. Subdivision
Association. Woodland Terrace at Country Creek, Inc., a Florida
not-for-profit corporation, its successors and assigns.
Section 2.5. Owner. Each
person who owns record title to a Lot.
Section 2.6. Limited Common
Property. Real or personal property, or interests in real or personal
Property, which is intended for use and benefit of Owners in Woodland Terrace
at Country Creek, their guests and invitees. By way of example, but not by way
of limitation, same shall include streets, tracts, creeks and other retention
areas, and medians. Limited Common Property may be subject to easements,
encumbrances and other matters of record. Developer may retain title to Limited
Common Property until the Class B membership terminates as provided in the
Articles of Incorporation of the Subdivision Association.
Section 2.7. Assessments.
Annual or special assessments by the Subdivision Association against Lots in
the Subdivision made in accordance with the terms of these Covenants.
Section 2.8. Resident. Any
person occupying a Lot.
Section 2.9. Developer Joseph J.
Weisenfeld, Trustee under an unrecorded Trust Agreement dated the 10th day of
June, 1983, his successors and assigns as to the rights of Developer hereunder.
ARTICLE
III
SUBDIVISION
ASSOCIATION
Section 3.1. General Purpose.
The Subdivision Association is organized for the purpose of providing common
services to Owners and maintaining Limited Common Property, providing
enforcement of these Covenants, and engaging in activities for the mutual
benefit of the Owners. All Owners are members of the Subdivision Association.
Provisions relating to the Subdivision Association are contained in the
Articles of Incorporation and By-Laws of the Subdivision Association. The
initial services to be provided by the Subdivision Association are: maintenance
of Limited Common Property, including the private streets in the Subdivision:
street lighting for
Subdivision streets; security services,
if approved by a majority vote of the Directors; and grounds and recreational
facility maintenance. The Subdivision Association shall have the right to
increase or reduce the services it provides by affirmative vote of the members
in accordance with the By-Laws of the Subdivision - Association. In order to
pay for these services, the Subdivision Association will charge Assessments
against the Lots and their Owners.
Section 3.2. Creation of Lien for Assessments. All Lots owned by Owners other than Developer are subject to a continuing lien to secure unpaid assessments due to the subdivision Association in accordance with the provisions of these Covenants. This continuing lien will secure late fees, interest on unpaid Assessments, and the cost of collecting unpaid Assessment, including reasonable attorneys' fees. The Subdivision Association shall have the right to a lien on each Lot for unpaid Assessments commencing upon the initial conveyance of a Lot to an Owner other than the Developer. The lien will be effective from and after recording a claim of lien in the Public Records of Seminole County, Florida, stating the Lot description, the name of the record Owner, the amount due, and the due date. The lien will remain in effect until all sums due to the subdivision Association have been fully paid. All Lots or Parcels shall be sold subject to the terms and provisions of the continuing lien described in this Section.
Section 3.3. Annual
Assessments. Until conveyance of all Lots by Developer, Developer shall fix
the amount and the due date of the annual assessment. Thereafter, the Board of
Directors of the Subdivision Association shall fix the annual Assessment, the
date such Assessments become due, and the periods of collection, whether
annually, semi-annually, quarterly or monthly. The annual Assessment for each
Lot shall be determined by dividing the total Assessment by the total number of
Lots in the Subdivision and shall be collected and disbursed by the Subdivision
Association. The Board shall notify the Owners of each Lot of the amount and
the date on which the Assessments are payable and the place of payment. The
Subdivision Association shall, without charge, on written request of any Owner
or the mortgagee of any Owner, furnish a certificate signed by an officer or
duly authorized agent of the Subdivision Association which sets forth the
Assessments levied against an Owner and the Owner's Let and whether the
Assessment has been paid.
Section 3.4. Special Assessments.
The Subdivision Association may levy a special Assessment to pay in whole or in
part for the cost of any major repair or replacement of a capital improvement
owned by the Subdivision Association. A major repair is a repair made to an
existing capital improvement which exceeds Three Hundred Dollars ($300.00) and
the useful life of which is greater than one (1) year. Replacement of a capital
improvement means any replacement of an existing capital improvement. The
Subdivision Association may levy or collect a special Assessment to acquire a
new capital improvement if the cost of the improvement is less than Two
Thousand Five Hundred Dollars ($2,500.00), or if the cost exceeds Two Thousand
Five Hundred
Dollars ($2,500.00) and the
Assessment is approved by a vote of sixty percent (60%) of the Class A Members
of the Subdivision Association.
Section 3.5. Date of
Commencement of Annual Assessments. The annual Assessment for each Lot
shall begin upon the initial conveyance of a Lot to an Owner other than
Developer. The first annual Assessment for each Lot shall be made for the
balance of the fiscal year of the Subdivision Association. The first annual
Assessment shall be due and payable in advance in the installments and at the
(place established by Developer at the time of such conveyance.
Section 3.6. Effect of
Non-payment of Assessment: Remedies of the Subdivision Association. Any
Assessment payment not paid within thirty (30) days after the due date shall be
subject to a late fee-of Ten Dollars ($10.00) and shall bear interest from the
due date at the rate of eighteen percent (18%) per annul until paid.
Additionally, the Subdivision Association may accelerate payment of the entire
annual Assessment, may bring an action against the Owner of the Lot for payment
of the Assessment and may enforce its lien for the Assessment by foreclosure or
any other means available under the law. No Owner may waive or otherwise escape
liability for Assessments by non-use of Limited Common Property or by
abandonment of the Lot owned by such Owner.
Section 3.7. Subordination of
Lien to Mortgagee. The lien of any Assessment authorized by these Covenants
shall be subordinate to the lien of any first mortgage on the Lot made by a
generally recognized institutional lender, such as a savings and loan
association, bank, credit union, insurance company, or the like, so long as all
Assessments levied against the Lot which fell due on or prior to the date the
mortgage is recorded have been paid. The sale or transfer of any Lot pursuant
to a mortgage foreclosure proceeding or by a deed in lieu of foreclosure shall
extinguish the lien for Assessments, which fell due prior to the date of such
sale, transfer or foreclosure.
Section 3.8. Damage by Owners.
The Owners of a Lot shall be responsible for any expense incurred by the Subdivision
Association to repair or replace Limited Common Property, which is necessary by
reason of his carelessness, neglect or willful action or by that of his family,
guests, agents, or invitees. Any such expense shall be a part of the
Assessments to which the
Owner's Lot is subject and shall
be due and payable in the same manner as annual Assessments provided for in
these Covenants.
ARTICLE
IV
OWNER'S RIGHTS
Section 4.1. Right to Use
Limited Common Property. Each Owner has the non-exclusive right in common
with others to use Limited Common Property. This right shall pass with title to
the
Lot owned by the Owner.
Section 4.2. Access. Each
Owner and his guests, and all delivery, pickup and fire protection services,
police and other authorities of the law, United States mail carriers,
representatives of utilities authorized to serve the Subdivision, holders of
mortgage lien on any Lot and such other persons as the Developer or the
Subdivision Association has designated or may from time to time designate, shall
have the non-exclusive and perpetual right of ingress and egress over and
across the roadway shown on the Subdivision Plat. These rights are subject to
the right of the Developer to install and maintain utility lines and facilities
in the roadways. Ingress may be denied by the Developer to any person who, in
the reasonable opinion of the Developer or Subdivision Association, may create
a disturbance or nuisance on any part of the Country Creek Community. The
Developer shall have the right, but not the obligation, to control and prohibit
parking on any part of the roadways. The Developer shall have the right, but
not the obligation, to remove or require the removal of any thing, natural or
artificial, located in the Subdivision, if the same will, in the reasonable
judgment and opinion of the Developer, obstruct the vision of a motorist upon
any of the roadways. The Developer may relocate or close any part of the
roadways without the consent or joinder of any party so long as the Subdivision
is not denied reasonable access to a public dedicated street or highway by such
relocation or closure.
Section 4.3. Utilities.
Each Owner may use the underground utility lines, lift and pumping stations,
pipes, sewer, and drainage lines constructed in the roads or other easements as
shown on the Subdivision Plat, as the same maybe relocated from time to time,
subject to regulations and ordinances of the City of Altamonte Springs.
Section 4.4. Easements Across
Adjacent Residential Parcels. As the nature of cluster and "0"
Lot line housing necessitates the entry onto adjacent Lots for the purpose of
maintaining residences, each Owner, by acceptance of his deed, grants to an
adjacent Lot Owner, or its agent or employees, the right of ingress and egress
over his Lot where necessary or desirable to permit the maintenance and repair
of such adjacent residence or other improvements but for no other purpose.
Section 4.5. Sidewalks.
Each Owner has the non-exclusive right to use in common with others all
sidewalks located in the Subdivision, whether same are situated on Limited
Common Property or on a portion of a Lot. As to a sidewalk situated on a
portion of a Lot, this non-exclusive right shall exist to all Owners whether
the sidewalk was installed prior to or after conveyance of said Lot to the
Owner thereof.
Section 4.6. Pedestrian
Easements. The Developer contemplates that there will be sidewalks located
in the Subdivision in a pattern to allow internal circulation of pedestrian
movement. Wherever same are located in the Subdivision, each Owner of a Lot
adjacent thereto, by acceptance of his deed, grants to all parties using raid
sidewalks the right of ingress and egress over his Lot where necessary to
obtain access to said internal circulation pattern.
ARTICLE
V
RIGHTS
OF THE SUBDIVISION ASSOCIATION
Section 5.1. Enforcement
Rights. The Subdivision Association, its agents or employees, shall have
the right, but not the obligation, to enter upon any Lot to cure any violation
of these Covenants. Any such removal or curing shall be at the expense of the
Owner of the Lot on which the violation has occurred or exists, which expense
shall be payable by such Owner to the Subdivision Association on demand. Entry
to remove and cure any violation of these Covenants shall not be a trespass and
the Subdivision Association shall not be liable for any damages
on account of the entry. The
rights of the Subdivision Association described in this Article shall not be
construed as a limitation on the rights of the Developer or any Owner to prosecute
proceedings at law or in equity for the recovery of damages against persons
violating or attempting to violate these Covenants or for the purpose of
preventing or enjoining any violation or attempted violations. The remedies
contained in this Section shall be construed as cumulative of all other
remedies provided at law or in equity. The failure of the Subdivision
Association to enforce these Covenants, however long continuing, shall not be a
waiver of the right to enforce these Covenants at a later time.
Section 5.2. Lien Rights.
Any amounts owed by an Owner to the Subdivision as a result of the Subdivision
Association's abating or curing violations of these Covenants shall be due and
payable within ten (10) days from the date of receipt of a statement for such
amounts from the Subdivision Association. If any of said sums are not paid when
due, they shall be added to and become part of the annual Assessment to which
the Lot is subject.
Section 5.3. Limited Common
Property Rights. The Subdivision Association shall have the right:
5.3.1 to adopt reasonable rules
and regulations pertaining to the use of the Limited Common Property, the
preservation of such property, and the safety and convenience of the other
users of the Limited Common Property;
5.3.2 to charge nondiscriminatory
and reasonable fees for the use of any recreational facility;
5.3.3. to suspend the right to
use any recreational facility by an Owner for any period during which an
Assessment against his Lot remains unpaid and for a period not to exceed sixty
(60) days for the violation of any of its published rules and regulations;
5.3.4 to convey or encumber any
Limited Common Property if authorized by two-thirds (2/3) of the Owners;
5.3.5 to grant easements and
rights-of-way over the Limited Common Property, as it deems necessary or
appropriate for the proper servicing and maintenance of the Limited Common
Property and for the development
and improvement of any portion of the Country Creek Community; and
5.3.6 to dedicate to the public
any street or other improvement forming part of the Limited Common Property
provided the Subdivision Association shall obtain written approval of the
Master Association prior to any such dedication.
ARTICLE
VI
RIGHTS
OF DEVELOPER
Section 6.1. Eminent Domain.
If all or part of any easement granted by Developer taken by eminent domain, no
claim shall be made by the Subdivision Association or any Owner other than
Developer for any portion of any award, provided Developer shall grant a
similar easement, if necessary, to provide Owners with access to their Lots and
with utility service if such an easement is available over lands within the
control of Developer.
Section 6.2. Easements for
Utilities and Cable Television. Developer reserves a perpetual easement on,
over and under the easements and Limited Common Property shown on the
Subdivision Plat for construction
and maintenance of electric and telephone poles, wires, cables, conduits, water
mains, drainage lines or drainage ditches, sewers, irrigation lines and other
conveniences or utilities. Developer reserves an exclusive easement over each
Lot for the installation and maintenance of radio and television cables within
the subdivision. The Owners
of Lots subject to the easements
reserved in this Section shall acquire no right or interest in utility or cable
television equipment placed on, over or under the portions of the Subdivision
which are subject to said easements. All easements reserved by Developer are
and shall remain private easements and the solo and exclusive property of the
Developer which are assignable by Developer to third parties who undertake to
provide some or all of the services enumerated in this section.
Section 6.3. Drainage.
Drainage flow shall not be obstructed or diverted from drainage easements, or
any other location of same. Developer may, but shall not be required to, cut
drain ways for surface water wherever and whenever necessary to maintain
reasonable standards of health, safety and appearance. Except as provided in
this Section, existing drainage shall not be altered so as to divert the flow
of water onto an adjacent Lot or into sanitary sewer lines.
Section 6.4. Maintenance
Easement. Developer reserves an easement in, on, over and upon each Lot for
the purpose of preserving, maintaining or improving the Limited Common
Property. Additionally, the Developer reserves an easement over upon and across
all Lots that abut or are adjacent to a creek or other retention area for the
purpose of preserving, maintaining or improving same.
Section 6.5. Developer Rights
re: Temporary Structures, Etc. Developer reserves the right to erect and
maintain temporary dwellings, model houses and/or other structures upon Lots
owned by Developer and to erect and maintain such commercial and display signs
as Developer, in its sole discretion, deems advisable. Developer reserves the
right to do all acts necessary in connection with the construction of
improvements on the Lots. Nothing contained elsewhere in these Covenants shall
be construed to restrict the foregoing rights of Developer.
Section 6.6. Reservation.
If a structure is erected, or the construction of a structure is substantially
advanced, in a manner that violates the restrictions contained in these
Covenants or in a manner that encroaches on any Lot line, Limited Common
Property, or easement area, Developer shall have the right to release the Lot
from the restriction it violates. Developer shall also have the right to grant
an easement to permit encroachment by the structure over the Lot line, or on the
Limited Common Property or the easement area, so long as Developer, in the
exercise of its sole discretion, determines that the release or easement will
not materially and adversely affect the health and safety of Owners, the value
of adjacent Lots and appearance of the Subdivision.
Section 6.7. Installation of
Sidewalks. Should Developer decide to install sidewalks anywhere in the
Subdivision, or should same be required at any-time by any governmental
authority having jurisdiction thereover, Developer reserves the right to
install same with the costs thereof to be borne by the Subdivision Association.
ARTICLE
VII
MASTER ASSOCIATION
The Country Creek Community will be operated by a Master Association, which is composed of one (1) or more representatives from each Subdivision and Condominium in Country Creek. The
Master Association for the
Country Creek Community has certain powers, rights and duties with respect to
the Subdivision and Country Creek which are set forth in it’s Articles of
Incorporation and By-Laws and in
recorded Country Creek Community Covenants, as the same may be amended from
time to time.
Generally, the Master Association
has certain maintenance, operation and management responsibilities with respect
to roadways, bridges, drainage facilities, rights-of-way, medians,
entranceways, traffic control systems, lakes and other common areas to be used
in common with all residents of Country Creek, the payment of real estate ad
valorem taxes assessed against such common areas and for other services, all of
which are more particularly described in the Country Creek Community Covenants,
as the same-may be amended from time to time. If the Subdivision Association or
any Owner refuses or fails to perform the obligations imposed on it under these
Covenants and the Articles of Incorporation and By-Laws of the Subdivision
Association, the Master Association is authorized to perform the obligation
that the Subdivision Association or Owner has failed or refused to perform. Any
expenses incurred by the Master Association shall be reimbursed by the
Subdivision Association or the Owner, as the case may be. Developer anticipates
that each Lot in the Country Creek Community will be subjected to the Country
Creek Community Covenants, as the same may be amended from time to time.
ARTICLE
VIII
ARCHITECTURAL CONTROLS
Section 8.1. Plans. All plans for construction of improvements on Lots, including the proposed location thereof, construction materials, and outward appearance including color and texture of exterior materials, whether initial construction or changes or additions to an existing improvement and landscaping, shall require the approval in writing by the Architectural Review Committee (“ARC”) before any work is commenced. The ARC shall consist of three (3) persons appointed by the Board of Directors of the Subdivision Association who shall serve at the pleasure of the Board of Directors. Any change in the outward appearance of any improvement, including but not limited to repainting the same in a different color, adding decorative sculptures, wrought iron grills, or the like, shall also require approval in writing by the ARC before any work is commenced.
Section 8.2. Duties of ARC.
The ARC shall approve or disapprove the plans for an improvement within ten
(10) days after the same is submitted to it in proper form. If the plans are
not approved within such period, they shall be deemed to have been disapproved.
The plans submitted to the ARC for approval shall include all plans necessary
for construction and shall meet the following standards:
8.2.1. Be not less than 1/8*-1'
scale;
8.2.2 Show the elevation of the
ground on all sides of the proposed structure as it will exist after grading;
8.2.3. Show the outlines of all
foundations, setbacks, trees (which must comply with the ordinances of the City
of Altamonte Springs), including the dimensions and the species thereof,
drives, fences, outbuildings and garages, existing and proposed;
8.2.4. Include a list of proposed
materials and samples of exterior materials and finishes which cannot be
described to the ARC's satisfaction; and
8.2.5. Show the size and type of
all plant stock in the landscaping plan. The Developer and the ARC shall not be
responsible for defects in plans or specifications or for defects in the
improvements. The ARC's review of plans is limited solely to appearance of the
improvements and does not include compliance with applicable building codes.
Section 8.3. Design Criteria.
It is the Developer's intent to create and maintain a Subdivision in harmony
with its surroundings and the natural elements of the land. In accordance with
this intent, the following materials will generally be acceptable, subject to
approval by the ARC in each specific application (a) textured stucco, (b)
struck block on rear and sides, (c) wood siding or simulated wood, (d) stone,
brick or simulated brick, (e) wood shakes, (f) asphalt or tile roofing in
natural or traditional, subdued tones, and (g) paint or stains in earth tones
or subdued colors.
Section 8.4. Structure
Criteria.
8.4.1. Air conditioners shall be screened so as not to be visible from a front or side street adjacent to the Lot and, to minimize noise.
8.4.2. All outside radio and
television antennas shall be installed in such a way as not to be visible from
the street. If a master antenna or cable television is available the
subdivision, radio and television antennas will not be permitted on any Lot;
provided ARC may permit short wave and other special antennas on the Lot.
8.4.3. All plumbing and heating
vents and roof ventilators protruding from roofs shall be painted the same
color as the roof.
8.4.4. Swimming pools shall be
permitted if Lot size permits the same. However, the siting of the pool on the
Lot must be approved by the ARC prior to construction.
8.4.5. There shall be no silver
finish metal doors (including glass sliding doors) or window of any kind on the
front or sides of any home; however, a factory painted anodized finish may be
used. The color of such finish may be white, black, ivory, brown or other
natural earth tones.
8.4.6. No fences without ARC
approval shall be constructed on any Lot. All fences, including fences for
backyards and swimming pools, and shrub lines must be approved by the ARC prior
to construction. No fence shall be closer to any street adjacent to the Lot
than is the closest structural
wall of the improvement situate on said Lot. The ARC may require that the
composition and color of any fence be consistent with fences around surrounding
homes.
Section 8.5. Miscellaneous
Restrictions.
8.5.1. All Lots in the
Subdivision are residential parcels and shall be used exclusively for
single-family residential purposes. No structure, except as otherwise provided,
shall be erected, altered, placed or permitted to remain on any Lot other than
one (I) detached single family residence dwelling not to exceed two (2) stories
and a private garage for not more than three (3) cars. Detached auxiliary
buildings, including but not limited to doghouses, storage buildings, play houses,
or tree houses are not permitted without prior approval of the ARC. Outside
clothes drying devices may be installed, constructed, attached or erected,
provided said devices are totally screened or fenced in, and cannot be viewed
from any other Lot or Limited Common Property, and further provided that same
may be installed, constructed, attached or erected Only in compliance with the
other Sections of this Article VIII.
8.5.2. All Lots, and any
improvements placed thereon, shall at all times be maintained in a neat and
attractive condition and landscaping shall be maintained substantially as shown
on the approved plans. In order to implement effective control of this item,
Developer reserves the right for itself, its agents and the Subdivision
Association, after ten (10) days written notice to any Lot Owner, to enter upon
any Lot for the purpose of mowing, pruning, removing, clearing or cutting
underbrush, weeds or other unsightly growth and trash which in the opinion of
Developer or the subdivision Association detracts from the overall beauty and
safety of the Subdivision. Such entrance upon such property for such purposes
shall be only between the hours of 7:00 a.m. and 6:00 p.m. on any day except
Sunday and shall not be a trespass. Developer and the Subdivision Association
may charge the Owner the reasonable cost of such services, which charge shall
constitute a lien upon such Lot enforceable by appropriate proceedings at law
or equity. The provisions of this Section shall not be construed as an obligation
on the part of Developer or the Subdivision Association to mow, clear, cut or
prune any Lot or to provide garbage or trash removal services. Trash, garbage
or other waste shall not be kept on any Lot except in sanitary containers or
garbage compact units. Garbage containers, if any, shall be kept in a clean and
sanitary condition, and shall be so placed screened so as not to be visible
from any road or adjacent property within sight distance of the Lot at any time
except during refuse collection. No outside burning of wood, leaves, trash,
garbage or household refuse shall be permitted.
8.5.3. No animals, except
household pets, shall be kept on any Lot. The number of animals kept as pets
(i.e., dogs, cats) shall not exceed three (3) in any one household. Residents
shall not breed such animals an a hobby or for profit, and are encouraged to
have such animals neutered. No animal shall be permitted off the Lot unless on
a leash.
8.5.4. All garages must have
doors that are maintained in a useful condition and are kept closed. No garage
shall be permanently enclosed or converted to other usage without ARC approval.
8.5.5 No commercial activity
shall be conducted on any Lot with exception of the Developer's real estate
sales office.
8.5.6. No oil or natural gas
drilling operations of any kind shall be permitted upon any Lot and no derrick
or other structure designed for use in boring for oil or natural gas shall be
erected, maintained or permitted on any Lot, nor shall oil wells or mineral
excavations be permitted on any Lot.
8.5.7. All signs, billboards and
advertising structures of any kind are prohibited, except building and
subcontractor signs during construction periods, and one (1) professional sign
to advertise the property for sale during any sale period. No signs may be
nailed or attached to trees. Signs shall not exceed 2' x 2. Private signs
(which shall mean signs erected by all parties other than Developer) shall be
prohibited from being placed on any road right-of-way or on Limited Common
Property.
8.5.8. Each Owner of a Lot shall
obtain and maintain in force a policy of fire and other casualty insurance with
coverage adequate to cover the full cost of any repair or reconstruction of the
improvements on that Lot. In the event of damage or destruction by fire or
other casualty to the improvements on any Lot, the Owner shall, upon receipt of
the insurance proceeds, repair or rebuild much damaged or destroyed improvement
in a good workman like manner and in strict compliance with the original plans
and specifications and building layout of said improvement as constructed by
Developer, within a reasonable time not to exceed one (1) year, and in
accordance with the provisions of these Covenants. All debris must be removed
and the Lot restored to a sightly condition within sixty (60) days of such
damage or destruction.
8.5.9. No boat, boat trailer,
house trailer, camper, recreational vehicle or similar vehicle and no truck,
van, or other vehicle which exceeds one (1) ton capacity, shall be parked or
stored on any road, street, driveway, yard or Lot located in the Subdivision
for any period of time in excess of twenty-four (24) hours, except in garages.
Immobile or unsightly vehicles, or vehicles under repair shall not be allowed
on any Lot within the Subdivision or on Limited Common Property, except
in an enclosed garage.
8.5.10. No tree of any species or
any size may be removed from any place in the Subdivision without the specific
prior written approval of the ARC. Violation of this covenant shall result in the
party so removing a tree being obligated to replant within the Subdivision two
(2) trees of the same species and equal size for each tree removed without the
specified authorization, or two (2) trees of a different species and a lesser
size if so approved by the ARC; provided, however, that the minimum site of
replacement tree shall be three inches (3"), in diameter measured at a
point two feet (2') above the average height of the ground at the base. Each
Owner, by the acceptance of a deed to his Lot, agrees that the penalty for
violation of this covenant shall apply to his Lot if said violation is done by
himself, his family, his agents, guests or invitees. Should the Owner or said
violating party not plant the required replacement trees, and the Subdivision
Association is so required to do, the cost of same shall be payable to the
Subdivision Association, and shall be a part of the Assessments to which the
Owner's Lot is subject and shall be due and payable in the same manner as
annual Assessments provided for in these Covenants.
8.5.11. No landscaping plan shall
be changed or altered from the original plan without the consent of the ARC.
Any landscaping plan changes or alterations submitted to ARC shall provide for
and include the following items:
- A landscape scheme;
- A list of all plant stock included in the
schemer and
- The size of such stock at the time of
planting.
The entire Lot, including that
portion of the Lot between the street pavement and the right-of-way line, shall
be landscaped and maintained. No gravel, rocks, artificial turf, or other
similar materials shall be permitted as a substitute for a grass lawn. It shall
be the goal of the ARC in the approval of any landscape plan and layout plan to
preserve all existing trees where possible.
8.5.12. NO improvements shall be
constructed in, nor any vegetation removed from, the Landscape and Drainage
Easement, the Greenbelt, and Drainage Easement areas shown on the
Subdivision Plat without prior
written approval of the ARC.
ARTICLE
IX
UTILITY
PROVISIONS
Section 9.1. Water System.
The central water supply system provided by Altamonte Springs for the service
of the Subdivision shall be used as the sole source of water. Each Owner shall
pay water meter charges established by the City and shall maintain and repair
all portions of such water line located within the boundaries of his Lot. No
individual water supply system or well shall be permitted on any Lot without
approval of the Subdivision Association.
Section 9.2. Sewage system.
The central sewage system provided by the City of Altamonte Springs for the
service of the subdivision shall be used as the sole sewage system for each
Lot. Each Owner shall maintain
and repair all portions of such sewer lines located within the boundaries of
his Lot and shall pay when due the periodic charges or rates for the furnishing
of
such sewage collection and
disposal service made by the operator thereof. No septic tank or drain field
shall be placed or allowed within the Subdivision.
Section 9.3. Garbage
Collection. Garbage, trash and rubbish shall be removed from the Lots only
by parties approved by Developer or the City of Altamonte Springs. Each Lot
Owner shall pay when due the periodic charges or rates for such garbage
collection service made by the party providing name.
Section 9.4. Electrical and
Telephone Service. All telephone, electric and other utilities lines and
connections between the main or primary utilities lines and the residence and
the other buildings located on each Lot shall be concealed and located
underground so as not to be visible as shall be acceptable by the City of
Altamonte Springs.
Section 9.5. Cable Television
System. Developer reserves the exclusive right to provide or contract for
cable television service to the subdivision. No other cable television service
will be permitted in the Subdivision unless Developer agrees in writing to
permit such service. Nothing contained in this Section shall be construed to
obligate Developer to provide cable television service to the Subdivision. No service
will be provided to an Owner unless the Owner or the Subdivision Association
pays the charger assessed in connection with any cable television service
provided.
ARTICLE
X
GENERAL PROVISIONS
Section 10.1 Duration and Amendment. These Covenants shall run with and bind the land submitted or subjected hereto and shall be and remain in effect for a period of twenty (20) years from the date of recordation hereof, after which time they will be automatically extended for periods of ten (10) years each, and shall inure to the benefit of and by enforceable by the
Developer, the Subdivision
Association, the Owners and their respective legal representative, heirs,
successors and assign, unless modified or terminated by a duly recorded written
instrument executed in conformance with requirements as described below. These
Covenants may be modified or terminated only by a duly recorded written
instrument executed by the Developer until the Developer no longer owns any
Lots, and thereafter by affirmative vote of two-thirds (2/3) of the Owners;
provided, however, no such amendment shall affect the right or lien of any
institutional mortgagee without such mortgagee 's express consent. The
Developer specifically reserves the absolute and unconditional right, so long as
it owns any Lots, to amend this
Declaration to conform to the
requirements of the Federal Home Loan Mortgage Corporation, Veterans
Administration, Federal National Mortgage Association or any other generally
recognized institution involved in the purchase and sale of home loan mortgage,
or to clarify the provisions herein, without the consent or joinder of any
party. Notwithstanding anything contained herein to the contrary, the
provisions hereof affecting the rights or duties of the Developer shall not be amended
or terminated at any time without the consent in writing of the Developer.
Section 10.2. Notices. Any
notice required to be sent to any person pursuant to any provision of these
Covenants will be effective if such notice has been deposited in the United
States Mail, postage prepaid, addressed to the person for whom it is intended
at his last known place of residence, or to such other address as may be
furnished to the Secretary of the Subdivision
Association. The effective date
of the notice shall be the date of mailing. Each Member shall notify the
Subdivision Association when such Member sells or leases his Lot and shall
furnish the
Subdivision Association with any
additional information as the Subdivision Association deems necessary or
desirable.
Section 10.3. Severability.
Whenever possible, each provision of these Covenants shall be interpreted in a
manner that is effective and valid. If any provision of these Covenants is
prohibited or held' invalid, the prohibition or invalidity shall not affect any
other provision which can be given effect. To this end, the provisions of these
Covenants are declared to be severable.
Section 10.4. Assignment by
Developer. Developer shall have the sole and exclusive right to transfer to
such person, firms or corporation as it shall select, any or all of the
easements and rights whatsoever given to or reserved by Developer in these
Covenants. All easements and rights shall be for the benefit of Developer, its
successors and assigns.
Section 10.5. Disputes and Construction
of Terms. In event of any dispute arising under these Covenants, or in the
event of any provision of these Covenants requiring construction, the issue
shall be submitted to the Board of Directors of the Master Association The
Board of Directors of the Master Association shall give all persons having an
interest in the issue an opportunity to be heard after reasonable notice. The
said Board shall, when appropriate, render its decision in writing, mailing
copies thereof to all parties who have noted their interest.
IN WITNESS WHEREOF, Developer has
caused these Covenants to be properly executed, and recorded in the Public
Records of Seminole County, Florida, this 5th day of July
1985.
Signed,
sealed and delivered in the presence of:
STATE OF FLORIDA)
)SS.
COUNTY OF DADE)
I HEREBY CERTIFY that on this day
before me, an officer duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared JOSEPH J. WEZSENFELD,
Trustee under an unrecorded Trust
Agreement dated the 10th day of June, 1983, to me known to be the person ho
executed the foregoing instrument and he acknowledged to me that he executed
the same as the act and deed of said Trustee.
WITNESS my hand and official seal
in the County and State aforesaid this 5th
day of July, 1985.
