Olde Oaks Covenants & Restrictions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECLARATION OF COVENANTS AND RESTRICTIONS

 

FOR

 

OLDE OAKS

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                    THIS DOCUMENT PREPARED BY:

                                                                                    Thomas M. Jenks, Esq.

                                                                                    Pappas Metcalf Jenks & Miller, P.A.

                                                                                    245 Riverside Avenue

                                                                                    Suite 400

                                                                                    Jacksonville, FL 32202

INDEX OF DECLARATION OF COVENANTS AND RESTRICTIONS

FOR

OLDE OAKS

 

 

ARTICLE I               MUTUALITY OF BENEFIT AND OBLIGATION

 

Section 1.1      Mutuality

Section 1.2      Benefits and Burdens

 

ARTICLE II              DEFINITIONS

 

Section 2.1      Association

Section 2.2      Board

Section 2.3      Common Area

Section 2.4      Developer

Section 2.5      Limited Common Area

Section 2.6      Lot

Section 2.7      Owner

Section 2.8      Property or Subdivision

Section 2.9      PUD

Section 2.10    Surface Water or Stormwater Management System

 

ARTICLE III            PROPERTY SUBJECT TO THIS DECLARATION:  ADDITIONS AND DELETIONS

 

Section 3.1      No Implied Extension of Covenants

Section 3.2      Additional Lands

Section 3.3      Withdrawal of Lands

 

ARTICLE IV            THE ASSOCIATION

 

Section 4.1      Membership

Section 4.2      Classes and Voting

 

ARTICLE V              COMMON AREA RIGHTS

 

Section 5.1      Conveyance of Common Area

Section 5.2      Owners’ Easement of Enjoyment

Section 5.3      Right of the Developer to Designate Property as Common Area or to Withdraw Property from the Common Area

Section 5.4      Maintenance of Common Area and Compliance with Applicable Permits

Section 5.5      Easement for Maintenance Purposes

 

 

ARTICLE VI            ARCHITECTURAL CONTROL

 

Section 6.1      Architectural Review and Approval

Section 6.2      Architectural Review Board

Section 6.3      Powers and Duties of the ARB

Section 6.4      Compensation of ARB

Section 6.5      Review of Initial Construction by Developer

Section 6.6      Variance

Section 6.7      Limited Liability

 

ARTICLE VII           COVENANTS FOR MAINTENANCE ASSESSMENTS

 

Section 7.1      Creation of the Lien and Personal Obligation of Assessments

Section 7.2      Purpose of Assessments

Section 7.3      Calculation and Collection of Assessments

Section 7.4      Effect of Non‑Payment of Assessment: Lien, Personal Obligation, and Remedies of Developer

Section 7.5      Subordination of Lien to Mortgages

Section 7.6      Developer’s Assessments

 

ARTICLE VIII         EXTERIOR MAINTENANCE ASSESSMENT

 

Section 8.1      Exterior Maintenance

Section 8.2      Assessment of Costs

Section 8.3      Access

 

ARTICLE IX            UTILITY PROVISIONS

 

Section 9.1      Water System

Section 9.2      Sewage System

Section 9.3      Garbage Collection

Section 9.4      Utility Service

 

ARTICLE X              USE RESTRICTIONS AND RIGHTS AND EASEMENTS

RESERVED BY DEVELOPER

 

Section 10.1    Residential Use

Section 10.2    Living Area

Section 10.3    No Detached Buildings

Section 10.4    Setbacks

Section 10.5    Landscaping

Section 10.6    Motor Vehicles and Boats

Section 10.7    Nuisances

Section 10.8    Antenna

Section 10.9    Lakes

Section 10.10  Insurance and Casualty Damages

Section 10.11  Trees

Section 10.12  Artificial Vegetation

Section 10.13  Signs

Section 10.14  Lighting

Section 10.15  Animals

Section 10.16  Maintenance of Lots and Limited Common Areas

Section 10.17  Fences

Section 10.18  Maintenance of Driveways

Section 10.19  Window Air Conditioning

Section 10.20  Compliance with Laws

Section 10.21  Platting and Additional Restrictions

Section 10.22  Jurisdictional Areas and Permits

 

ARTICLE XI            RIGHTS AND EASEMENTS RESERVED BY DEVELOPER

 

Section 11.1    Easement for Ingress, Egress, Utilities and Drainage

Section 11.2    Drainage Flow

Section 11.3    Future Easements

Section 11.4    Cable Television or Radio

Section 11.5    Easements for Maintenance Purposes

Section 11.6    Developer Rights Re: Temporary Structures, Etc.

 

ARTICLE XII           RIGHTS AND EASEMENTS GRANTED BY DEVELOPER

 

Section 12.1    Easement for Ingress and Egress

Section 12.2    Rights to Restrict Access

Section 12.3    Rights of Developer to Alter Roadways

 

ARTICLE XIII         GENERAL PROVISIONS

 

Section 13.1    Remedies for Violations

Section 13.2    Severability

Section 13.3    Additional Restrictions

Section 13.4    Titles

Section 13.5    Termination or Amendment

Section 13.6    Assignment of Permit Responsibilities and Indemnification

Section 13.7    Conflict or Ambiguity in Documents

Section 13.8    Usage

Section 13.9    Effective Date

Section 13.10  Disclaimers as to Water Bodies

 

 

List of Exhibits

 

Exhibit A ‑ Property

Exhibit B ‑ Articles of Incorporation

Exhibit C ‑ Bylaws

Exhibit D ‑ Common Area

Exhibit E – Roadways

 

 

 

DECLARATION

OF

COVENANTS AND RESTRICTIONS

FOR

OLDE OAKS

 

THIS DECLARATION is made this 5th day of May, 2004, by ALTA ROAD DEVELOPERS, INC., a Florida corporation (the “Developer”), which declares that the real property described on Exhibit A attached hereto and made a part hereof (the “Property”), which is owned by the Developer, shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges, liens and all other matters set forth in this Declaration which shall be deemed to be covenants running with the title to the Property and shall be binding upon the Developer and all parties having or acquiring any right, title or interest in the Property or any part thereof.

 

ARTICLE I

MUTUALITY OF BENEFIT AND OBLIGATION

 

Section 1.1      Mutuality.  The covenants, restrictions, and agreements set forth in this Declaration are made for the mutual and reciprocal benefit of every parcel within the Property, and are intended to create mutual equitable servitudes upon each such parcel in favor of the other parcels, to create reciprocal rights among the respective Owners, and to create privity of contract and an estate between the grantees of each and every parcel within the Property, their heirs, successors and assigns.

 

Section 1.2      Benefits and Burdens.  Every person who is an Owner does by reason of taking title to land located within the Property agree to all the terms and provisions of this Declaration and shall be entitled to its benefits and subject to its burdens.

 

ARTICLE II

DEFINITIONS

 

The following words, when used in this Declaration shall have the following meanings:

 

Section 2.1      Association.  The Olde Oaks Homeowners Association, Inc., a Florida corporation not‑for-profit. This is the Declaration to which the Articles of Incorporation (the “Articles”) and Bylaws (the “Bylaws”) of the Association make reference. Copies of the Articles and Bylaws are attached as Exhibits B and C, respectively.

 

Section 2.2      Board.  The Board of Directors of the Association.

 

Section 2.3      Common Area.  All real property (including easements, licenses and rights to use real property) and personal property located within or adjacent to the Property, if any, which is owned by the Developer, or by the Association, and which the Developer has designated for the common use of the Owners by reference thereto in this Section 2.3, or by recording a Supplementary Declaration, pursuant to the terms of Section 5.3 hereof.  The Common Area initially designated by the Developer shall consist of the real property (and interests therein) more particularly described on Exhibit D attached hereto and made a part hereof together with all improvements constructed therein by Developer, but not owned or maintained by a public or private utility company.

 

Section 2.4      Developer.  Alta Road Developers, Inc. and its successors and such of its assigns as to which the rights of the Developer hereunder are specifically assigned. Developer may assign all or only a portion of such rights in connection with portions of the Property. In the event of such a partial assignment, the assignee may exercise such rights of the Developer as are specifically assigned to it. Any such assignment may be made on a non‑exclusive basis.  Reference in this Declaration to Alta Road Developers, Inc. as the Developer of the Property is not intended and shall not be construed, to impose upon Alta Road Developers, Inc. any obligations, legal or otherwise, for the acts or omissions of third parties who purchase lots or parcels within the Property from Alta Road Developers, Inc. and develop and resell the same.

 

Section 2.5      Limited Common Area.  The Limited Common Area of a Lot shall consist of the portion of the Property between the front Lot line and the nearest edge of the paved road surface (as it may exists from time to time) and between the rear Lot line and the nearest shore line of any lake contiguous to or within twenty (20) feet of the Lot, within the area bounded by the extension of the side Lot lines, together with any portion of the Property contiguous to a Lot which, as a result of the natural configuration of the Property, is primarily of benefit to such Lot.  Any question concerning the boundary of a limited common area shall be determined by the Board of Directors of the Association.

 

Section 2.6      Lot.  Any platted Lot or any other parcel of real property located within the Property, on which one or more residential dwellings have been or could be constructed.

 

Section 2.7      Owner.  The record owner or owners of any Lot.

 

Section 2.8      Property or Subdivision.  The real property described on the attached Exhibit A and such additions and deletions thereto as may be made in accordance with the provisions of Sections 3.2 and 3.3 of this Declaration.

 

Section 2.9      [Intentionally Deleted].

 

Section 2.10    Surface Water or Stormwater Management System.  A system which is designed and constructed or implemented within the Property to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges.  For purposes of this Declaration, the Surface Water or Stormwater Management System shall be deemed to be a part of the Common Area and shall include any drainage swales located within the Property.

ARTICLE III

PROPERTY SUBJECT TO THIS DECLARATION:

ADDITIONS AND DELETIONS

 

Section 3.1      No Implied Extension of Covenants.  Each Owner and each tenant of any improvements constructed on any Lot, by becoming an Owner or tenant, shall be deemed to have agreed that (a) the Property described on Exhibit A and such additional property as may be annexed pursuant to Section 3.2 hereof shall be the only Property subject to this Declaration, (b) that nothing contained in this Declaration or in any recorded or unrecorded plat, map, picture, drawing, brochure or other representation of a scheme of development, shall be construed as subjecting, or requiring the Developer to subject any other property now or hereafter owned by the Developer to this Declaration, and (c) that the only manner in which additional land may be subjected to this Declaration is by the procedure set forth in Section 3.2 hereof.

 

Section 3.2      Additional Lands.  Developer may, but shall not be obligated to, subject additional land to this Declaration (or to the assessment provisions of this Declaration) from time to time provided only that (a) any additional land subjected to this Declaration (or its assessment provisions) shall be contiguous to the Property then subject to this Declaration (for purposes of this Section 3.2, property separated only by public or private roads, water bodies, golf courses, or open space shall be deemed contiguous), and (b) the Owners of property within additional lands made subject to this Declaration (or its assessment provisions) shall be and become subject to this Declaration (or its assessment provisions), and shall be responsible for their pro rata share of common expenses for which assessments may be levied pursuant to the terms of Article VII of the Declaration.  Addition of lands to this Declaration shall be made and evidenced by filing in the public records of Duval County, Florida, a Supplementary Declaration executed by the Developer with respect to the lands to be added. Developer reserves the right to supplement this Declaration to add land to the scheme of this Declaration (or its assessment provisions) pursuant to the foregoing provisions without the consent or joinder of any Owner or mortgagee of land within the Property.

 

Section 3.3      Withdrawal of Lands.  With the consent and joinder of Owners holding a majority of the votes in the Association, the Developer may, but shall have no obligation to, withdraw at any time, or from time to time, portions of the Property from the terms and effect of this Declaration. Upon the Developer’s request, the consent and joinder of each and every Owner to such withdrawal shall not be unreasonably withheld. The withdrawal of lands as aforesaid shall be made and evidenced by filing in the public records of Duval County, Florida, a Supplementary Declaration executed by the Developer with respect to the lands to be withdrawn.

 

ARTICLE IV

THE ASSOCIATION

 

Section 4.1      Membership.  Each Owner, including the Developer (at all times so long as it owns any part of the Property), shall be a member of the Association, provided that any such person or entity who holds such interest only as security for the performance of an obligation shall not be a member.  Membership shall be appurtenant to, and may not be separated from, ownership of any Lot.

 

Section 4.2      Classes and Voting.  The Association shall have two classes of membership:

 

(a)        Class A Members.  The Class A Members shall be all Owners, with the exception of the Developer, who shall be entitled to one (1) vote for each Lot owned.  When more than one person holds an interest in any Lot, all such persons shall be members of the Association.  However, the vote for any such Lot shall be exercised as the Owner’s thereof shall determine, but in no event shall more than one vote be cast with respect to any Lot.

 

(b)        Class B Members.  The Class B Member shall be the Developer who shall be entitled to three (3) votes for each Lot owned by the Developer.  The Class B Membership shall cease and be converted to Class A Membership on the happening of either of the following events, whichever occurs earlier:

 

(i)         When the total votes outstanding in the Class A Membership equals the total votes outstanding in the Class B Membership;

 

(ii)        December 31, 2010;

 

(iii)       Three (3) months after ninety percent (90%) of the Lots have been conveyed to members of the Association other than the Developer; or

 

(iv)       Such earlier date as the Developer may choose to terminate the Class B Membership upon notice to the Association.

 

ARTICLE V

COMMON AREA RIGHTS

 

Section 5.1      Conveyance of Common Area.  Developer agrees that all of the Common Area owned by Developer shall be conveyed or assigned to the Association, subject to covenants, easements, restrictions and other matters of record, before the date which is ninety (90) days following the conveyance of the last Lot owned by the Developer to any party.  Upon the recordation of any deed or deeds conveying Common Area to the Association, the Association shall be conclusively deemed to have accepted the conveyance evidenced by such deed or deeds.

 

Section 5.2      Owners’ Easement of Enjoyment.  Each Owner shall have a right and easement of enjoyment in and to the Common Area for its intended purpose, which shall be appurtenant to, and shall pass with, the title to the land of such Owner, subject to the following:

 

(a)        The right of the owner of the Common Area, with the consent of the Developer (if different from such owner) to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility; provided however, the Common Area may not be mortgaged or conveyed free and clear of the provisions of this Declaration without the approval of Members holding two-thirds (2/3) of the total votes that are allocated to the Association’s members;

 

(b)        All provisions of this Declaration, any plat of all or any parts of the Property, governmental restrictions, including the provisions of the PUD;

 

(c)        Reasonable rules and regulations governing use and enjoyment of the Common Area adopted by the Developer or the Association;

 

(d)       The rights of the Developer under Section 5.3 to add to or withdraw land from the Common Area;

 

(e)        Easements, restrictions, agreements and other matters of record.

 

The foregoing easement of enjoyment in favor of the Owners shall not be construed to create or imply any other easements or rights not expressly created by this Declaration, it being the intent hereof to limit the Owners’ rights of use of specific portions of the Common Area to only the intended purposes of such portions of the Common Area.  For example, the creation of each Owner’s right to drain such Owner’s Lot into the portions of the Common Area included within the Surface Water or Stormwater Management System, does not create any right of access by any Owner to such portions of the Common Area over any other Owner’s Lot or other privately owned portions of the Subdivision.

 

Section 5.3      Right of the Developer to Designate Property as Common Area or to Withdraw Property from the Common Area.  Notwithstanding anything to the contrary contained in this Declaration, the Developer shall have the right, in its sole discretion, to designate land, easements, use rights and personal property owned by the Developer as Common Area, provided only that such land shall be located within the Property or contiguous to the Property (for purposes of this Section 5.3, property separated only by public or private roads, water bodies, golf courses, or open space shall be deemed contiguous). For so long as the Developer shall own any Lot, the Developer may, at any time, withdraw, or cause to be withdrawn, land from the Common Area in the Developer’s sole discretion. The prior sentence notwithstanding, in the event such withdrawal of Common Area shall materially and adversely affect any Lot, or materially and adversely affect access, visibility, or drainage to or from any Lot, the Developer shall not have the right to withdraw such Common Area without the consent and joinder of the Owner of the Lot which is so affected. Addition of land to and withdrawal of land from the Common Area shall be evidenced by recording a Supplementary Declaration in the public records of Duval County, Florida, which shall specifically reference such addition or withdrawal. Withdrawal of land from the Common Area by the Developer shall terminate any and all easements and rights of use of the Owners in such land. No land owned by the Developer shall be deemed to be Common Area unless such land is expressly referenced as such under Section 2.3 hereof, or subsequently designated as such by the Developer pursuant to Section 2.3 hereof and this Section 5.3, even if the Developer consents or acquiesces to the use of such land by the Owners.  In the event any land, easements, use rights, or personal property owned by the Association shall be withdrawn from the Common Area pursuant to this Section 5.3, upon the Developer’s written request, the Association shall promptly execute and deliver to the Developer any and all deeds, bills of sale, assignments or other conveyance documents as may be necessary or appropriate to effectuate the withdrawal of such Common Area.

 

Section 5.4      Maintenance of Common Area and Compliance with Applicable Permits.  The Association shall at all times maintain in good repair and manage, operate and insure, and shall replace as often as necessary, the Common Area and any improvements and landscaping (except utilities owned and maintained by public or private utility companies providing water, sewer, electrical, fire protection, cable television, telephone, or similar utilities to the Property, or any portion thereof) situated on the Common Area, if any.  The Association shall maintain all lakes, swales, drainage areas, drainage easements, and control structures, and shall preserve and protect all designated conservation areas and littoral zones located within, adjacent, or in near proximity to the Property, in accordance with all permit requirements and conditions contained in applicable dredge fill, consumptive use, surface water permits, or any other applicable permits issued by the United States Army Corps of Engineers (“ACOE”), Florida Department of Environmental Protection (“FDEP”), St. Johns River Water Management District (“SJRWMD”), and Duval County, Florida and all statutes, rules, regulations and requirements pertaining to surface water management, drainage and water quality promulgated by the SJRWMD, the FDEP, and all other local, state and federal authorities having jurisdiction.  The Association shall maintain those portions of the Common Area designated by applicable permit as conservation tracts, stormwater management tracts or similar designations, in accordance with all permit requirements, rules, and regulations promulgated by all local, state and federal authorities having jurisdiction.  The Association shall be responsible for the maintenance, operation and repair of the Surface Water or Stormwater Management System.  Maintenance of the Surface Water or Stormwater Management System shall mean the exercise of practices which allow the system to provide drainage, water storage, conveyance of other surface water, or stormwater management capabilities as permitted by the SJRWMD.  Any repair or reconstruction of the Surface Water or Stormwater Management System shall be as permitted, or if modified, as approved by the SJRWMD.  All maintenance obligations of the Association shall be performed as ordered by the Board of Directors of the Association, and all or any portion of the cost of such maintenance incurred by the Association pursuant to this Section 5.4, shall be a common expense of the Association to be collected and paid in the manner prescribed by this Declaration.

 

Section 5.5     Easement for Maintenance Purposes.  The Developer hereby grants to the Association and its successors, assigns, agents, and contractors, a perpetual, non-exclusive easement in, on, over and upon those portions of the Property as may be reasonably necessary for the purpose of maintaining the Common Area, including without limitation, the Surface Water or Storm Water Management System, or other portions of Property to be maintained by Association, in accordance with the requirements of this Declaration.  By the easement granted hereby, the Association and its successors, assigns, agents and contractors, shall have the right to enter upon any portion of any Lot which is included within the Surface Water or Storm Water Management System, at all reasonable times and in a reasonable manner, to operate, maintain or repair the Surface Water or Storm Water Management System as required by the SJRWMD.  Additionally, the Association shall have a perpetual, non-exclusive easement for drainage over the entire Surface Water or Stormwater Management System.  No Owner or other person shall alter the drainage flow of the Surface Water or Stormwater Management System, including buffer areas or swales, without the prior written approval of the SJRWMD.  The easement granted hereby shall not be exercised by any party in a manner which unreasonably interferes with the use, occupancy, or enjoyment of any improved portion of the Property.  Further, in the event that any portion of the Property shall be damaged or altered in any way as the result of the exercise of the easement rights granted hereby, such portions of the Property shall be immediately restored to the condition that existed immediately prior to such damage or alteration by the party exercising such rights.

 

ARTICLE VI

ARCHITECTURAL CONTROL

 

Section 6.1      Architectural Review and Approval.  Except for the initial construction of residential dwellings and related structures, landscaping, and other improvements (“Initial Construction”), no landscaping, improvement or structure of any kind, including without limitation, any building, fence, wall, screen enclosure, sewer, drain, disposal system, landscape device or object, driveway or other improvement shall be commenced, erected, placed or maintained upon any Lot, nor shall any addition, change or alteration therein or thereof be made, unless and until the plans, specifications and location of the same have been submitted to, and approved in writing by the Association.  All plans and specifications shall be evaluated as to visual and acoustical privacy and as to the harmony of external design and location in relation to surrounding structures, topography, existing trees and other natural vegetation and as to specific conformance with architectural criteria which may be imposed from time to time by the Developer or the Association.  It shall be the burden of each Owner to supply two (2) sets of completed plans and specifications to the Architectural Review Board (“ARB”) and no plan or specification shall be deemed approved unless a written approval is granted by the ARB to the Owner submitting same.  The ARB shall approve or disapprove plans and specifications properly submitted within thirty (30) days of each submission.  Any change or modification to an approved plan shall not be deemed approved unless a written approval is granted by the ARB to the Owner submitting same.

 

Section 6.2      Architectural Review Board.   The architectural review and control functions of the Association shall be administered and performed by the ARB, which shall consist of three (3) or five (5) members who need not be members of the Association.  The Board of Directors of the Association shall have the right to appoint all of the members of the ARB.  A majority of the ARB shall constitute a quorum to transact business at any meeting of the ARB, and the action of a majority present at a meeting at which a quorum is present shall constitute the action of the ARB.  Any vacancy occurring on the ARB because of death, resignation, or other termination of service of any member thereof shall be filled by the Board of Directors.

 

Section 6.3      Powers and Duties of the ARB.  The ARB shall have the following powers and duties:

 

(a)        To recommend amendments to the architectural criteria to the Board at such time as the Board shall have the right to adopt or amend architectural criteria for the Property.  For so long as the Developer shall be entitled to elect or appoint a majority of the members of the Board, only the Developer shall have the right to promulgate, amend, eliminate, or replace architectural criteria applicable to architectural review to be conducted by the Association.  At such time as members of the Association shall elect a majority of the members of the Board, such architectural criteria shall be promulgated, amended, eliminated, or replaced by the Board.  Any amendment of the architectural criteria shall be consistent with the provisions of this Declaration.  Notice of any amendment to the architectural criteria, which shall include a verbatim copy of such amendment, shall be delivered to each member of the Association.  The delivery to each member of the Association of notice and a copy of any amendment to the architectural criteria shall not, however, constitute a condition precedent to the effectiveness or validity of such amendment.  It shall not be necessary for the architectural criteria, or any amendment thereto, to be recorded.

 

(b)        To require submission to the ARB of two (2) complete sets of all plans and specifications for any improvement or structure of any kind requiring review and approval of the ARB pursuant to this Article VI.  The ARB may also require submission of samples of building materials proposed for use on any Lot, and may require tree surveys to show the effect of the proposed improvements on existing tree cover, and such additional information as reasonably may be necessary for the ARB to completely evaluate the proposed structure or improvement in accordance with this Declaration and applicable architectural criteria.

 

(c)        To approve or disapprove in accordance with the provisions of this Article VI, any improvements or structures of any kind (other than Initial Construction), or any change or modification thereto, the construction, erection, performance or placement of which is proposed upon any Lot, and to approve or disapprove any exterior additions, changes, modifications or alterations therein or thereon.  All decisions of the ARB may, but need not be evidenced by a certificate in recordable form executed under seal by the President or any Vice President of the Association.  Any party aggrieved by a decision of the ARB shall have the right to make a written request to the Board, within thirty (30) days of such decision, for a review thereof.  The determination of the Board upon review of any such decision shall be dispositive.

 

(d)       To adopt a schedule of reasonable fees for processing requests for ARB approval of proposed improvements.  Such fees, if any, shall be payable to the Association, in cash, at the time that plans and specifications are submitted to the ARB.

 

Section 6.4      Compensation of ARB.   The Board may, at its option, pay reasonable compensation to any or all members of the ARB.

 

Section 6.5      Review of Initial Construction by Developer.  No Initial Construction shall be commenced upon any Lot unless and until the plans, specifications and location of the same have been submitted to, and approved by, the Developer in writing.  All plans and specifications shall be evaluated as to visual and acoustical privacy, as to harmony of external design and location in relation to surrounding structures, if any, topography, existing trees and other natural vegetation, and as to consistency with this Declaration and architectural criteria made applicable to Initial Construction by the Developer from time to time.

 

Section 6.6      Variance.  The Developer and the ARB may authorize variances from compliance with any architectural provisions this Declaration or applicable architectural criteria when circumstances such as topography, natural obstructions, hardships, or aesthetic or environmental considerations require same.  Such a variance must be evidenced by a document signed by an authorized representative of the Developer or ARB, as applicable.  If such a variance was granted, no violation of the covenants, conditions and restrictions contained in this Declaration shall be deemed to have occurred with respect to the matters for which the variance was granted.  The granting of such a variance shall not, however, operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular Lot and particular provisions of this Declaration or applicable architectural criteria covered by the variance, nor shall it effect in any way an Owner’s obligation to comply with all governmental laws and regulations, including but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental or municipal authority.

 

Section 6.7      Limited Liability.   In connection with all reviews, acceptances, inspections, permissions, consents or required approvals by or from the Developer, the ARB, or the Association as contemplated by this Article VI, neither the Developer, the ARB, nor the Association shall be liable to an Owner or to any other person on account of any claim, liability, damage or expense suffered or incurred by or threatened against an Owner or such other person and arising out of or in any way related to the subject matter of any such reviews, acceptances, inspections, permissions, consents or required approvals, whether given, granted or withheld by the Developer, the ARB, or the Association.

 

ARTICLE VII

COVENANTS FOR MAINTENANCE ASSESSMENTS

 

Section 7.1      Creation of the Lien and Personal Obligation of Assessments.  Each Owner of a Lot within the Property hereby covenants, and by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, including any purchaser at a judicial sale, shall hereafter be deemed to covenant and agree to pay to the Association any annual assessments, and any special assessments established and collected as hereinafter provided. All such assessments, together with interest thereon from the due date at the highest lawful rate and costs of collection thereof (including reasonable attorneys’ fees), shall be a charge and continuing lien upon each Lot against which each such assessment is made, and shall also be the personal obligation of each Owner. No Owner may avoid liability for the assessments by waiver of rights to use, or by non‑use of, the Common Areas or by abandonment.

 

Section 7.2      Purpose of Assessments.

 

7.2.1    The annual assessments levied by the Association shall be used for the purposes of management and accounting fees, taxes, insurance, and utility charges relating to the Common Area, to fund the obligations of the Association set forth in Section 5.4 hereof, and for all other purposes reasonably contemplated by this Declaration, the Articles, the Bylaws, or any cost sharing or similar agreement to which the Association is or may become a party.  Further, such annual assessments may be levied to fund reasonable reserves for deferred maintenance of, or non-recurring expenses related to, the Common Area including, the Surface Water or Stormwater Management System.  The maintenance responsibilities of the Association payable through assessment of the Owners shall specifically include, but not be limited to, the perpetual maintenance of the Surface Water or Stormwater Management System, including but not limited to work within retention areas, drainage structures drainage easements, and all other improvements constituting a part of the Surface Water or Stormwater Management System permitted by the SJRWMD under Permit No. 40-031-89683-1 (the “Surface Water Permit”) including all operation, sampling, testing, monitoring and maintenance requirements as specified by the Surface Water Permit.  Assessments collected by the Association to fund reserves shall be separately accounted for, it being the requirement of this Declaration that such funds shall be used exclusively for deferred maintenance of, or non-recurring expenses related to, the Common Area including the Surface Water or Stormwater Management System.

 

7.2.2    The Board of Directors may levy special assessments for any purpose relating to permissible or required activities of the Association pursuant to this Declaration, the Articles, or the Bylaws. Any funds collected pursuant to such a special assessment shall be used solely for the purpose or purposes identified by the Board of Directors at the time such special assessment is levied.

 

Section 7.3      Calculation and Collection of Assessments.  Annual assessments shall be established by the Board of Directors based upon an annual budget. Each Owner’s pro rata share of the total annual assessment or any special assessment shall be based upon the following calculations:

 

(a)        Owners of Lots shall pay a pro rata share of annual and special assessments which shall be allocated among the Owners as provided in subparagraph (b) of this Section 7.3. Except as hereafter provided, the annual assessment amount allocated to each Lot is hereby established to be, and shall not exceed, $________ per Lot.  From and after December 31, 2003, such amount may be decreased, or increased by an amount not to exceed ten percent (10%) of the prior annual assessment amount per Lot, such annual increases to be cumulative and self-operative.  Further, by a vote of not less than three-fifths of the members of the Board of Directors, the foregoing assessment amount per Lot may be increased above the ten percent (10%) limitation set forth in this Section 7.3.

 

(b)        All annual and special assessments shall be established at a uniform rate per Lot.

 

(c)        The assessment obligations of each Owner other than the Developer shall commence upon the recordation of this Declaration in the current public records of Duval County, Florida.  Annual assessments shall be collectable in advance on a periodic basis established by the Board of Directors from time to time, which periodic basis shall not be less frequent than annually.  Special assessments shall be collectible in advance in the manner established by the Board of Directors at the time such special assessments are authorized.

 

Section 7.4      Effect of Non‑Payment of Assessment: Lien, Personal Obligation, and Remedies of Developer.  The lien of the Association shall be effective from and after recording in the public records of Duval County, Florida, a claim of lien stating the description of the Lot encumbered thereby, the name of the Owner, the amount and the due date. Such claim of lien shall include assessments which are due and payable when the claim of lien is recorded as well as assessments which may accrue thereafter, plus interest, costs, attorneys’ fees, advances to pay taxes and prior encumbrances and interest thereon, all as herein provided. Upon full payment of all sums secured by such claim of lien, the same shall be satisfied of record, and the affected Owner shall pay the cost of such satisfaction.  If the assessment is not paid within fifteen (15) days after the due date, the assessment shall bear interest from the due date at the highest lawful rate, and the Association may at any time thereafter bring an action to enforce the lien authorized hereby by appropriate foreclosure proceedings and/or a suit on the personal obligation against the Owner. In the event the Association shall fail to bring such an action for collection of a delinquent assessment within thirty (30) days following receipt of written notice from any Owner demanding that such proceedings be commenced, such Owner shall be authorized to institute such proceedings. There shall be added to the amount of such delinquent assessment the costs of collection incurred by the Association, or such Owner, which shall specifically include without limitation reasonable attorneys’ fees for trial and appeal.

 

Section 7.5      Subordination of Lien to Mortgages.  The lien of the assessments provided for by this Declaration shall be subordinate to the lien of any bona fide mortgage which is perfected by recording prior to the recording of the claim of lien for any such unpaid assessments. Such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of the affected Lot by deed in lieu of foreclosure, pursuant to a decree of foreclosure, or pursuant to any other proceeding in lieu of foreclosure of such mortgage.  No sale or other transfer shall release any Lot from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessments. A written statement of the Association that the lien is subordinate to a mortgage, shall be dispositive of any question of subordination.

 

Section 7.6      Developer’s Assessments.  Notwithstanding any provision of this Declaration to the contrary, during the Development Period (as defined below) the Lots and other portions of the Property owned by the Developer shall not be subject to any annual or special assessments levied by the Association or to any lien for such assessments.  During the Development Period, the Developer shall pay the balance of the actual operating expenses of the Association (excluding costs of major repairs, deferred maintenance, replacements and reserves) remaining after the levying of and payment of assessments due from Owners other than the Developer pursuant to assessments levied by the Board of Directors pursuant to this Declaration.  The Developer shall be obligated to fund such balance only as the expenses are actually incurred by the Association during the Development Period.  The Development Period shall begin upon the conveyance of the first Lot in the Property to an Owner other than the Developer and shall continue until (i) the Developer shall notify the Association that it will no longer pay for operating deficits of the Association; or (ii) the Class B Membership shall cease and be converted to Class A Membership. Upon termination of the Developer’s agreement to pay operating deficits, the Developer shall become obligated to pay assessments on Lots owned by it within the Property on the same basis as other Owners.  In no event shall the Developer be obligated to pay for operating deficits of the Association after the Developer no longer owns any Lots within the Property.

 

ARTICLE VIII

EXTERIOR MAINTENANCE ASSESSMENT

 

Section 8.1      Exterior Maintenance.  The Association may provide maintenance upon any Lot or Limited Common Area requiring same, when necessary in the opinion of the Association’s Board of Directors to preserve the beauty, quality, or value of any or all portions of the Property.  Such maintenance shall include but not be limited to painting, roof repair and replacement, repair of gutters, downspouts, and exterior building surfaces, and yard clean‑up and yard maintenance.  Each affected Owner shall have fifteen (15) days within which to perform the required maintenance after being notified in writing by the Association that such maintenance is necessary before the Association undertakes the maintenance.

 

Section 8.2      Assessments of Costs.  The cost of any maintenance undertaken by the Association under the provisions of Section 8.1 shall be assessed against each Lot upon which such maintenance is performed or, in opinion of the Board, benefiting from same.  Exterior maintenance assessments shall not be considered a part of the annual or special assessments imposed upon the Property pursuant to Article VII of this Declaration.  Any exterior maintenance assessment shall be a lien upon each Lot assessed and the personal obligation of the Owner of each such Lot and shall become due and payable in all respects, together with interest, attorneys fees, and costs of collection, as provided for in Section 7.3, and shall be subordinate to mortgage liens to the extent provided by Section 7.5.

 

Section 8.3      Access.  For the purpose of performing the maintenance authorized by this Article, the Association, through its duly authorized agents or employees, shall have the right, after the notice to the Owner provided under Section 8.1, to enter upon any Lot at reasonable hours on any day except Sunday.  In the case of emergency repairs, access will be permitted at any time with only such notice as under the circumstances is practically affordable.

 

ARTICLE IX

UTILITY PROVISIONS

 

Section 9.1      Water System.  The central water supply system provided for the service of the Property shall be used as sole source of potable water for all water spigots and outlets located within or on all buildings and improvements located on each Lot.  Each Owner shall pay water meter charges of the supplier thereof and shall maintain and repair all portions of the water lines serving the Owner’s Lot in accordance with the requirements of the applicable utility supplier.  No individual potable water supply system or well for consumptive purposes shall be permitted on any Lot without the prior written consent of the Association.

 

Section 9.2      Sewage System.  The central sewage system provided for the service of the Property shall be used as the sole sewage system for each Lot. Each Owner shall maintain and repair all portions of the sewer lines serving the Owner’s Lot in accordance with the requirements of the applicable utility provider, and shall pay when due the periodic charges or rates for the furnishing of such sewage collection and disposal services made by such utility provider.  No sewage shall be discharged onto the open ground or into any wetland, lake, pond, park, ravine, drainage ditch or canal or roadway and no septic tank or drain field shall be placed or allowed within the Property.

 

Section 9.3      Garbage Collection.

 

(a)        Garbage, trash and rubbish shall be removed from the Lots only by parties or companies approved by the Association, which approval shall not be unreasonably withheld. Each Owner shall pay when due the periodic charges or rate for such garbage collection service made by the party or company providing the same.

 

Section 9.4      Utility Service.  It shall be the responsibility of the Owner or occupant of each Lot to make direct arrangements with the suppliers of electricity, water, sewer, and any other utility services for service to such Lot.

 

ARTICLE X

USE RESTRICTIONS AND RIGHTS AND

EASEMENTS RESERVED BY DEVELOPER

 

Section 10.1    Residential Use.  The Lots subject to this Declaration may be used for residential dwellings and for no other purpose except that one or more Lots may be used for model homes during the development and sale of Lots within the Property or other properties.  No business or commercial building may be erected on any Lot and no business may be conducted on any part thereof.  No Lot shall be divided, subdivided or reduced in size without the prior written consent of the Developer.  Assessments for common expenses attributable to any Lot which may be subdivided pursuant to this Section 10.1 shall be reallocated by the Developer, in its sole discretion, at the time written consent for such subdivision is given by the Developer.

 

Section 10.2    Living Area.  Each detached single family residence constructed upon a Lot shall contain a minimum of two thousand (2000) square feet of heated and air conditioned living area.

 

Section 10.3    No Detached Buildings.  No garages, tool or storage sheds, tents, trailers, tanks, temporary or accessory buildings or structures shall be erected or permitted to remain on any Lot without the prior written consent of the Developer.

 

Section 10.4    Setbacks.

 

10.4.1  Front.  No dwelling shall be erected within twenty (20) feet of any front Lot line.

 

10.4.2  Side.  No dwelling shall be erected within five (5) feet of any side Lot line.

 

10.4.3  Rear.  No dwelling shall be erected within ten (10) feet of any rear Lot line.

 

10.4.4  Easement Areas.  No dwelling shall be erected within any easement area shown on any plat of all or any portion of the Property or within any easement reserved by Section 11.1 of this Declaration.

 

10.4.5  Measurement of Setbacks.  All setbacks shall be measured from the exterior wall of the dwelling to the applicable Lot or parcel boundary.

 

Section 10.5    Landscaping.  Landscaping shall be installed on each Lot as stated hereafter.

 

10.5.1  Except for landscaping installed by the Developer, a landscaping plan for each Lot and Limited Common Area appurtenant thereto must be submitted to and approved by the Developer at the time of Initial Construction of a residence on such Lot.  Maximum utilization of existing trees and shrubs, and natural landscaping techniques shall be encouraged.  Sodding with St. Augustine or Bermuda grass varieties only will be required as set forth in the architectural criteria established pursuant to Article VI hereof.  All Lots and appurtenant Limited Common Areas that are not landscaped or left in a natural wooded state shall be grassed to the paved roadway and/or lake’s edge where such Lot abuts a roadway and/or lake.

 

10.5.2  Subsequent to approval by the Developer of landscaping plans submitted pursuant to Section 10.5.1 above, the Owner shall be obligated to complete the landscaping of his Lot and Limited Common Area in accordance with such plans and Section 10.5.1 above, within thirty (30) days following the issuance of a Certificate of Occupancy or similar final approval for the residence constructed on the Lot by the Building Department of Duval County, Florida, or other governmental authority having jurisdiction.  In the event the landscaping is not completed as provided herein, the Association shall have the right to enter the Lot and complete said landscaping in accordance with the approved plans, in the same manner as exterior maintenance may be performed by the Association pursuant to Article VIII of this Declaration.  The Association shall be entitled to a lien against the Lot in an amount equal to one hundred ten percent (110%) of the cost to complete landscaping on such Lot and Limited Common Area, which sum may be collected as provided in Article VII hereof.

 

Section 10.6    Motor Vehicles and Boats.  No boats, recreation vehicles or other motor vehicles, except four wheel passenger automobiles, shall be placed, parked or stored upon any Lot, nor shall any maintenance or repair be performed upon any boat or motor vehicle upon any Lot, except within a building, or otherwise screened, so as to be totally isolated from public view.  Commercial vehicles shall not be parked within the Property within public view on a regular basis.  Construction trailers may be parked only with the prior written consent of the Developer and in an area designated by the Developer.

 

Section 10.7    Nuisances.  Nothing shall be done or maintained on any Lot which may be or become an annoyance or nuisance to any party.  Any activity on a Lot which interferes with television, cable or radio reception on another Lot shall be deemed a nuisance and a prohibited activity.  If a dispute or question arises as to what may be or become a nuisance, the issue shall be submitted to the Association’s Board of Directors, whose decision shall be dispositive of such dispute or question.  No immoral, improper or unlawful use shall be made of any portion of the Property and all valid laws, zoning ordinances and regulations of governmental agencies having jurisdiction thereof shall be complied with.

 

Section 10.8    Antenna.  The installation of all aerials, antennae or satellite dishes shall be subject to the approval of the ARB in accordance with architectural criteria imposed by the Developer or the Association from time to time and in accordance with all applicable rules and regulations of the Federal Communications Commission or other governmental authorities having jurisdiction.

 

Section 10.9    Lakes.  Only the Developer and the Association shall have the right to pump or otherwise remove any water from any lake adjacent to or near to the Subdivision for the purpose of irrigation or other use, or to place any refuse in such lake or lakes.  The Developer and the Association shall have the sole and absolute right (but no obligation) to control the water level of such lake or lakes and to control the growth and eradication of plants, fowl, reptiles, animals, fish and fungi in or on any such lake.  No gas or diesel driven boat shall be permitted to be operated on any lake.  Lots which now or may hereafter be adjacent to or include a portion of a lake (the “lake parcels”) shall be maintained so that such grass, planting or other lateral support to prevent erosion of the embankment adjacent to the lake and the height, grade and contour of the embankment shall not be changed without the prior written consent of the Association.  Further, all shoreline vegetation, including cattails and the like, shall be maintained and controlled by the Owner of any lake parcel pursuant to the requirements of Section 10.16 hereof.  If the Owner of any lake parcel fails to maintain the embankment or shoreline vegetation as part of its landscape maintenance obligations in accordance with the foregoing, the Association shall have the right, but no obligation, to enter upon any such lake parcel to perform such maintenance work which may be reasonably required, all at the expense of the Owner of such lake parcel pursuant to the provisions of Article VIII of this Declaration.  Title to any lake parcel shall not include ownership of any riparian rights associated therewith.  No docks, bulkheads or other structures shall be constructed on such embankments unless and until same shall have been approved by the Developer and all applicable governmental agencies.  The Association shall have the right to adopt reasonable rules and regulations from time to time in connection with use of the surface waters of any lake adjacent to or nearby the Subdivision.  The Association shall have the right to deny such use to any person who in the opinion of the Association may create or participate in the disturbance or nuisance on any part of the surface waters of any such lake.  The use of the surface waters of any such lake shall be subject to rights granted to other persons pursuant to the rules and regulations of the Association.

 

WITH RESPECT TO WATER QUALITY, WATER LEVELS, WILDLIFE AND LAKE BANKS, SLOPES AND LAKE BOTTOMS, ALL PERSONS ARE REFERRED TO SECTION 13.10 HEREOF.

 

Section 10.10  Insurance and Casualty Damages.  Each Owner shall be required to obtain and maintain in force and effect a policy of fire and other casualty insurance with coverage adequate to cover the full replacement cost of the dwelling and other improvements located on the Owner’s Lot.  In the event of damage or destruction by fire or other casualty to the improvements on any Lot, the Owner shall commence reconstruction of the improvements within six (6) months from date of casualty and shall repair or rebuild such damaged or destroyed improvements in a good workmanlike manner, within a reasonable time not to exceed one year and in accordance with the provisions of this Declaration.  The improvements shall be reconstructed in accordance with the original plans and specifications including color scheme, placement on Lot and materials.  All debris must be removed immediately and the Lot shall be restored to an orderly condition within a reasonable time not to exceed sixty (60) days from the date of such damage or destruction.

 

Section 10.11  Trees.  No tree or shrub, the trunk of which exceeds six (6) inches in diameter one (1) foot above the ground, shall be cut down, destroyed or removed from a Lot without the prior express written consent of the Developer, except for trees located within an approved building pad, and the area within five (5) feet of such building pad.

 

Section 10.12  Artificial Vegetation.  No artificial grass, plants or other artificial vegetation shall be placed or maintained upon the exterior portion of any Lot, unless approved by the ARB.

 

Section 10.13  Signs.  No sign of any kind shall be displayed to the public view on any Lot except as may be approved as to size and design and in accordance with criteria established by the Association; provided however, directional signage to be used during the construction of homes within the Property shall be solely subject to the approval of the Developer.

 

Section 10.14  Lighting.  No lighting shall be permitted which alters the residential character of the Subdivision.

 

Section 10.15  Animals.  All animals shall be kept under control by each Owner at all times and leashed when outside the boundaries of the Owner’s Lot.  Animals shall be kept for the pleasure of Owners only and not for any commercial or breeding use or purposes.  If, in the discretion of the Board, any animal shall become dangerous or an annoyance or nuisance to other Owners, or destructive of wildlife or property, such animal may not thereafter be kept on a Lot.  Further, in the event any group of animals shall collectively become dangerous or an annoyance or nuisance to other Owners, or destructive to wildlife or property, the Board shall have the right to require the applicable Owner to reduce the number of animals kept on the Lot, or to take such other remedial action as the Board shall specify.

 

Section 10.16  Maintenance of Lots and Limited Common Areas.  After construction of improvements on a Lot has commenced, no weeds, underbrush or other unsightly vegetation shall be permitted to grow or remain upon any Lot or Limited Common Area.  No refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere within the Property.  All such Lots and any improvements placed thereon, shall at all times be maintained in a neat and attractive condition and landscaping shall be maintained in a neat, attractive and orderly manner, including maintenance of grass, plants, plant beds, trees, turf, proper irrigation and lake edge maintenance, all in a manner with such frequency as is consistent with good property management.  In order to implement effective control, the Association, its agents and assigns, shall have the right 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 the Board distracts from the overall beauty and safety of the property in accordance with the provisions of Article VIII hereof.  During construction upon any Lot, any and all vehicles involved in the construction or delivery of materials and supplies to the site shall enter and exit the site only over the driveway or driveway subsurface and shall not park on any roadway or any Property other than the Lot on which construction is proceeding.  During construction of the dwelling or other improvements, the Owner will be required to maintain his Lot in a clean condition, providing for trash and rubbish receptacles and disposal.  Construction debris shall not be permitted to remain upon any Lot.

 

Section 10.17  Fences.  Except as approved by the Developer as part of Initial Construction, or as subsequently approved by the ARB, no fence, wall or other barrier shall be constructed upon any Lot or any other portion of the Property.

 

Section 10.18  Maintenance of Driveways.  Each Lot Owner shall be responsible for maintenance of the driveway serving his Lot.

 

Section 10.19  Window Air Conditioning.  No window air conditioning units shall be installed on any building within the Subdivision.

 

Section 10.20  Compliance with Laws.  All Owners and other occupants of the Property shall at all times comply with the terms of the applicable zoning ordinances, and all environmental, land use, marketing and consumer protection ordinances, statutes, regulations, and permits applicable to the Property or to any improvements constructed thereon.

 

Section 10.21  Platting and Additional Restrictions.  The Developer shall be entitled at any time, and from time to time, to plat or replat all or any part of the Property owned by it, and to file any covenants and restrictions, or amendments to this Declaration, with respect to any undeveloped portion or portions of the Property owned by the Developer.

 

Section 10.22  Jurisdictional Areas and Permits.  THE PROPERTY HAS BEEN OR WILL BE DEVELOPED IN ACCORDANCE WITH REQUIREMENTS OF PERMIT NUMBER 40-031-89683-1 ISSUED BY THE SJRWMD (THE “PERMIT”).  THE PERMIT IS OR WILL BE OWNED BY THE ASSOCIATION AND THE ASSOCIATION HAS THE OBLIGATION TO ASSURE THAT ALL TERMS AND CONDITIONS THEREOF ARE ENFORCED. THE ASSOCIATION SHALL HAVE THE RIGHT TO BRING AN ACTION, AT LAW OR IN EQUITY, AGAINST ANY OWNER VIOLATING ANY PROVISION OF THE PERMITS.

 

FURTHER, ANY OWNER OWNING A LOT WHICH CONTAINS OR IS ADJACENT TO JURISDICTIONAL WETLANDS OR CONSERVATION AREAS AS ESTABLISHED BY THE ACOE OR SJRWMD OR BY ANY APPLICABLE CONSERVATION EASEMENT SHALL BY ACCEPTANCE OF TITLE TO THE LOT, BE DEEMED TO HAVE ASSUMED THE OBLIGATION TO COMPLY WITH THE REQUIREMENTS OF THE PERMIT AS THE SAME RELATE TO SUCH OWNER’S LOT AND SHALL AGREE TO MAINTAIN SUCH JURISDICTIONAL WETLANDS AND CONSERVATION AREAS IN THE CONDITION REQUIRED UNDER THE PERMIT.  IN THE EVENT THAT AN OWNER VIOLATES THE TERMS AND CONDITIONS OF THE PERMIT AND FOR ANY REASON THE DEVELOPER OR THE ASSOCIATION IS CITED THEREFORE, THE OWNER AGREES TO INDEMNIFY AND HOLD THE DEVELOPER AND THE ASSOCIATION HARMLESS FROM ALL COSTS ARISING IN CONNECTION THEREWITH, INCLUDING WITHOUT LIMITATION ALL COST AND ATTORNEYS’ FEES, AS WELL AS ALL COSTS OF CURING SUCH VIOLATION.

 

NO PERSON SHALL ALTER THE DRAINAGE FLOW OF THE SURFACE WATER OR STORMWATER MANAGEMENT SYSTEM OR ANY PORTION OF THE JURISDICTIONAL WETLANDS OR CONSERVATION AREAS, INCLUDING WITHOUT LIMITATION, ANY BUFFER AREAS, SWALES, TREATMENT BERMS OR SWALES, WITHOUT THE PRIOR WRITTEN APPROVAL OF THE SJRWMD OR ACOE, AS APPLICABLE.

 

ARTICLE XI

RIGHTS AND EASEMENTS RESERVED BY DEVELOPER

 

Section 11.1    Easements for Ingress, Egress, Utilities and Drainage.  The Developer reserves for itself, its successors, assigns and designees, a right‑of‑way and perpetual, nonexclusive easement for ingress and egress and to erect, maintain and use utilities, electric, telephone and street lighting poles, wires, cables, conduits, storm sewers, sanitary sewers, water mains, gas, sewer, water lines, drainage ways and structures, cable television and radio equipment or other public conveniences or utilities, on, in and over, (i) any portion of the Common Area; (ii) any area designated as an easement, private street or right‑of‑way area on any plat of all or any portion of the Property; and (iii) a strip of land within each Lot five feet in width along the front, rear and sides of each Lot.

 

Section 11.2    Drainage Flow.  Drainage flow shall not be obstructed or diverted from drainage easements.  The Developer or the Association may, but shall not be required to, cut drainways for surface water wherever and whenever such action may appear to be necessary to maintain reasonable aesthetic standards relative to the Property and surrounding properties.  These easements include the right to cut any trees, bushes or shrubbery, make any grading of the land, or to take any other reasonable action necessary to install utilities and to maintain reasonable aesthetic standards, but shall not include the right to disturb any permanent improvements erected upon a Lot which are not located within the specific easement area designated on the plat or reserved in this Declaration.  Except as provided herein, existing drainage shall not be altered so as to divert the flow of water onto an adjacent Lot or into sanitary sewer lines.

 

Section 11.3    Future Easements.  Developer reserves the right to impose further restrictions and to grant or dedicate additional easements and rights of way on any Lots within the Property owned by Developer.  In addition, Developer hereby expressly reserves the right to grant easements and rights-of-way over, under and through the Common Area so long as Developer shall own any portion of the Property.  The easements granted by Developer shall not materially or adversely affect any improvements or unreasonably interfere with the enjoyment of the Common Area.

 

Section 11.4    Cable Television or Radio.  Developer reserves for itself, and its successors and assigns, an exclusive easement for the installation, maintenance and supply of radio and television cables within the rights of way and easement areas depicted upon any plat of any portion of the Property or within any easement reserved by this Declaration.

 

Section 11.5    Easements for Maintenance Purposes.  The Developer reserves for itself, the Association, and their respective agents, employees, successors or assigns, easements, in, on, over and upon each Lot and the Common Area as may be reasonably necessary for the purpose of preserving, maintaining or improving roadways, landscaped areas, wetland areas, lakes, ponds, hammocks, wildlife preserves or other areas, the maintenance of which may be required to be performed by the Developer or the Association.

 

Section 11.6    Developer Rights Re: Temporary Structures, Etc.  Developer reserves the right for itself, it successors, assigns, nominees and grantees, to erect and maintain such temporary dwellings, model houses and/or other structures upon Lots owned by the Developer, which it may deem advisable for development purposes and to do all acts reasonably necessary in connection with the construction and sale of improvements located on the Lots within the Subdivision.  Nothing contained in this Declaration shall be construed to restrict the foregoing rights of Developer.

 

ARTICLE XII

RIGHTS AND EASEMENTS GRANTED BY DEVELOPER

 

Section 12.1    Easement for Ingress and Egress.  All Owners and their guests, invitees, agents and employees, and all delivery, pickup and fire protection services, police, and other authorities of the law, United States mail carriers, representatives of the utilities authorized by the Association to serve the Property, holders of mortgage liens on any portion of the Property and such other persons as the Developer or the Association may designate from time to time, shall have and are hereby granted the non-exclusive and perpetual right of vehicular and pedestrian ingress and egress over and across all paved areas located within the real property more particularly described on Exhibit E attached hereto and made a part hereof (the “Roadways”).  To the extent that additional lands are made subject to this Declaration pursuant to Section 3.2 hereof, the easement granted hereby may be expanded to include additional roadways by specific reference thereto contained in one or more Supplementary Declarations referenced in Section 3.2 hereof.

 

Section 12.2    Rights to Restrict Access.  Notwithstanding the provisions of this Declaration to the contrary, the Developer and the Association shall have the unrestricted and absolute right to deny ingress to any person who, in the opinion of the Developer or the Board, may create or participate in a disturbance or nuisance on any part of the Property or on any land owned by the Developer which is adjacent to or near the Property.  The Developer and the Association shall have the right, but no obligation, from time to time to control and regulate all types of traffic on the Roadways referenced in this Article XII including the right to prohibit use of the Roadways by traffic or vehicles (including and without limitation, motorcycles and “go carts”) which in the sole opinion of the Developer or the Board would or might result in damage to the Roadways or pavement or other improvements, or create a nuisance for the residents, and the right, but no obligation, to control and prohibit parking on all or any part of such Roadways.  The Developer and the Association shall have the right, but no obligation, to remove or require the removal of any fence, wall, hedge, shrub, bush, tree or other things natural or artificial, placed on or located on any portion of the Property, if the location of the same will in the sole judgment and opinion of the Developer or the Board, obstruct the vision of a motorist upon any of the Roadways referenced in this Article XII.  In the event and to the extent that the Roadways or easements over and across the Roadways for ingress and egress shall be dedicated to or otherwise acquired by the public, the preceding provisions of this Section 12.2 thereafter shall be of no further force or effect.

 

Section 12.3    Rights of Developer to Alter Roadways.  Developer and its successors and assigns shall have the sole and absolute right at any time, with the consent of the City of Jacksonville, Florida or the governing body of any municipality or other governmental body or agency then having jurisdiction over the Property, to dedicate to the public all or any part of the Roadways and all or any part of the easements reserved herein or on any plat of any portion of the Property.  In addition, Developer shall have the right to redesignate, relocate or terminate any of the easement areas described in Section 12.1 hereof without the consent or joinder of any party so long as no Lot is denied reasonable access to a public dedicated street or highway by such redesignation, relocation or closure.

 

ARTICLE XIII

GENERAL PROVISIONS

 

Section 13.1    Remedies for Violations.

 

13.1.1  If any Owner or other person shall violate or attempt to violate any of the covenants or restrictions herein set forth, it shall be lawful for the Association, the Developer, or any Owner (i) to prosecute proceedings at law for the recovery of damages against those so violating or attempting to violate any such covenant; or (ii) to maintain any proceeding against those so violating or attempting to violate any such covenant for the purpose of preventing or enjoining all or any such violations, including mandatory injunctions requiring compliance with the provisions of this Declaration.  The ACOE and the SJRWMD shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in this Declaration which relate to the maintenance, operation and repair of the Surface Water or Stormwater Management System and/or jurisdictional wetlands or conservation areas subject to the control of the ACOE or SJRWMD, and it shall be the Association’s responsibility to assist the ACOE, the SJRWMD or both in any such enforcement proceedings.  In the event litigation shall be brought by any party to enforce any provisions of this Declaration, the prevailing party in such proceedings shall be entitled to recover from the non-prevailing party or parties, reasonable attorneys fees for pre-trial preparation, trial, and appellate proceedings.  The remedies in this section shall be construed as cumulative of all other remedies now or hereafter provided or made available elsewhere in this Declaration, or by law.

 

13.1.2  In addition to all other remedies, and to the maximum extent allowed by law, a fine or fines may be imposed upon an Owner for failure of an Owner, his family, guests, lessees, invitees or employees, to comply with any covenant or restriction herein contained, or rule of the Association, provided the following procedures are adhered to:

 

(a)        For a first violation, the Association shall warn the Owner of the alleged infraction in writing.

 

(b)        For a subsequent violation, the Association shall provide the Owner with a notice of its intent to impose a fine for such violation.  Included in the notice shall be the date and time of a meeting of a committee appointed by the Board of Directors (the “Rules Enforcement Committee”) at which time the Owner shall present argument as to why a fine should not be imposed.  At least fourteen (14) days prior notice of such meeting shall be given.

 

(c)        At the meeting, the alleged infractions shall be presented to the Rules Enforcement Committee, after which the Committee shall receive evidence and hear argument as to why a fine should not be imposed.  A written decision of the Rules Enforcement Committee shall be submitted to the Owner not later than thirty (30) days after the Board of Directors meeting.  At the meeting, the Owner shall have the right to be represented by counsel and to cross‑examine witnesses.

 

(d)       The Rules Enforcement Committee, by majority vote, may impose a fine not to exceed the maximum amount allowed by law from time to time.

 

(e)        Fines shall be paid not later than five (5) days after notice of the imposition or assessment thereof.

 

(f)        The payment of fines shall be secured by one or more liens encumbering the Lot or Lots owned by the offending Owner.  Such fines and liens may be collected an enforced in the same manner as regular and special assessments are collected and enforced pursuant to Article VII hereof.

 

(g)        All monies received from fines shall be allocated as directed by the Board of Directors.

 

(h)        The imposition of fines shall not be construed to be an exclusive remedy, and shall exist in addition to all other rights and remedies to which the Association or any Owner may be otherwise legally entitled; provided, however, any fine paid by an offending Owner shall be deducted from or offset against any damages which may be otherwise recoverable from such Owner.

 

(i)         The Rules Enforcement Committee shall be comprised of not less than three (3) members who are not officers, directors, or employees of the Association, or the spouse, parent, child, brother or sister of an officer, director or employee.  No member of the Rules Enforcement Committee shall participate in the review of any infraction in which such member is alleged to have participated.

 

Section 13.2    Severability.  Invalidation of any of the provisions of this Declaration by judgment or court order shall not affect or modify any of the other provisions, which shall remain in full force and effect.

 

Section 13.3    Additional Restrictions.  No Owner, without the prior written consent of the Developer, may impose any additional covenants or restrictions on any part of the Property, but the Developer may include in any contract or deed hereafter made and covering all or any part of the Property, any additional covenants or restrictions applicable to the Property so covered which are not inconsistent with and which do not lower standards established by this Declaration.

 

Section 13.4    Titles.  The addition of titles to the various sections of this Declaration are for convenience and identification only and the use of such titles shall not be construed to limit, enlarge, change, or otherwise modify any of the provisions hereof, each and all of which shall be construed as if not entitled.

 

Section 13.5    Termination or Amendment.  The covenants, restrictions, easements and other matters set forth herein shall run with the title to the Property and be binding upon each Owner, the Developer, the Association, and their respective successors and assigns for a period of fifty (50) years, and shall be automatically renewed for successive ten (10) year periods unless terminated as herein provided.  The Owners holding two-thirds (2/3) or more of the total votes of the Association may alter, amend or terminate these covenants.  Any amendment to this Declaration which alters any provision relating to the Surface Water or Stormwater Management System, beyond maintenance in its original condition, including the water management portion of the Common Areas, must have the prior written approval of the SJRWMD.  Any amendment to this Declaration which amends the responsibilities or obligations of the parties with respect to the ACOE Permit, must have prior written approval of ACOE.  This Declaration may not be terminated unless adequate provision for transferring perpetual maintenance responsibility for the Surface Water or Stormwater Management System obligation to the then Owners of the Lots is made, and said transfer obligation is permitted under the then existing requirements of the SJRWMD or its successors and the County or any other governmental body that may have authority over such transfer.  In the event that the Association is dissolved, prior to such dissolution, all responsibility relating to the Surface Water or Stormwater Management System and the Permits must be assigned to and accepted by an entity approved by the ACOE and SJRWMD.  Any amendment to this Declaration shall be executed by the Association and Developer, if applicable, and shall be recorded in the current public records of Duval County, Florida.

 

Section 13.6    Assignment of Permit Responsibilities and Indemnification.  In connection with the platting and development of the Property, the Developer assumed certain obligations in connection with the maintenance of the Surface Water or Stormwater Management System.  The Developer hereby assigns to the Association, and the Association shall be solely responsible for, all of the Developer’s obligations and responsibilities for maintenance of the Surface Water or Stormwater Management System pursuant to all applicable Permits and the plat of the Subdivision.  Subsequent to the termination of the Class B Membership, the Association shall indemnify, defend and hold the Developer harmless from all suits, actions, damages, liability and expenses in connection with loss of life, bodily or personal injury or property damage, or any other damage arising from or out of an occurrence in, upon, at or resulting from the operation or maintenance of the Surface Water or Stormwater Management System, occasioned wholly or in part by any act or omission of the Association or its agents, contractors, employees, servants or licensees.

 

Section 13.7    Conflict or Ambiguity in Documents.  To the extent of any conflict, ambiguity, or inconsistency between this Declaration, the Articles, or the Bylaws, the terms of this Declaration shall control both the Articles and Bylaws.

 

Section 13.8    Usage.  Whenever used, the singular shall include the plural and the singular, and the use of any gender shall include all genders.

 

Section 13.9    Effective Date.  This Declaration shall become effective upon its recordation in the public records of Duval County, Florida.

 

Section 13.10  Disclaimers as to Water Bodies.  NEITHER THE DEVELOPER, THE ASSOCIATION, NOR ANY OF THEIR SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, COMMITTEE MEMBERS, EMPLOYEES, MANAGEMENT AGENTS,

CONTRACTORS OR SUB‑CONTRACTORS (COLLECTIVELY, THE “LISTED PARTIES”) SHALL BE LIABLE OR RESPONSIBLE FOR MAINTAINING OR ASSURING THE WATER QUALITY OR LEVEL IN ANY LAKE, POND, CANAL, CREEK, STREAM OR OTHER WATER BODY ADJACENT TO OR WITHIN THE PROPERTY, EXCEPT AS SUCH RESPONSIBILITY MAY BE SPECIFICALLY IMPOSED BY AN APPLICABLE GOVERNMENTAL OR QUASI‑GOVERNMENTAL AGENCY OR AUTHORITY.  FURTHER, ALL OWNERS AND USERS OF ANY PORTION OF THE PROPERTY LOCATED ADJACENT TO OR HAVING A VIEW OF ANY OF THE AFORESAID WATER BODIES SHALL BE DEEMED, BY VIRTUE OF THEIR ACCEPTANCE OF THE DEED TO OR USE OF, SUCH PROPERTY, TO HAVE AGREED TO HOLD HARMLESS THE LISTED PARTIES FOR ANY AND ALL CHANGES IN THE QUALITY AND LEVEL OF THE WATER IN SUCH BODIES.

 

ALL PERSONS ARE HEREBY NOTIFIED THAT FROM TIME TO TIME ALLIGATORS, POISONOUS SNAKES, AND OTHER WILDLIFE MAY INHABIT OR ENTER INTO WATER BODIES AND NATURAL AREAS WITHIN THE PROPERTY AND MAY POSE A THREAT TO PERSONS, PETS AND PROPERTY, BUT THAT THE LISTED PARTIES ARE UNDER NO DUTY TO PROTECT AGAINST, AND DO NOT IN ANY MANNER WARRANT AGAINST, ANY DEATH, INJURY OR DAMAGE CAUSED BY SUCH WILDLIFE.

 

ALL PERSONS ARE HEREBY NOTIFIED THAT LAKE BANKS AND SLOPES WITHIN CERTAIN AREAS OF THE PROPERTY MAY BE STEEP AND THAT DEPTHS NEAR SHORE MAY DROP OFF SHARPLY.  BY ACCEPTANCE OF A DEED TO, OR USE OF, ANY LOT OR OTHER PORTION OF THE PROPERTY, ALL OWNERS OR USERS OF SUCH PROPERTY SHALL BE DEEMED TO HAVE AGREED TO HOLD HARMLESS THE LISTED PARTIES FROM ANY AND ALL LIABILITY OR DAMAGES ARISING FROM THE DESIGN, CONSTRUCTION, OR TOPOGRAPHY OF ANY LAKE BANKS, SLOPES, OR LAKE BOTTOMS LOCATED THEREIN.

 

IN WITNESS WHEREOF, the Developer has caused this instrument to be executed under seal this ___ day of __________________, 2003.

 

Signed, sealed and delivered

in the presence of:                                           ALTA ROAD DEVELOPERS, INC., a Florida

corporation

 

______________________________            By:      __________________________________

______________________________                        __________________________________

(Print Name)                                                                           (Print Name)

______________________________            Title:    __________________________________

______________________________

(Print Name)

Address:          4971 Scenic Marsh Court

Jacksonville, FL  32255

STATE OF FLORIDA           )

)SS

COUNTY OF ___________  )

 

The foregoing instrument was acknowledged before me this ____ day of ______________, 2003, by ______________________________, the ________________ of ALTA ROAD DEVELOPERS, INC., a Florida corporation, on behalf of the corporation.

 

                                                                       

(Print Name                                                    )

NOTARY PUBLIC, State of

Florida at Large

Commission #                        

My Commission Expires:

Personally Known                             

or Produced I.D.                                

[check one of the above]

Type of Identification Produced

                                                           

 

 

 

 

EXHIBIT A

 

 

Legal Description of the Property

 

All of Olde Oaks, according to the plat thereof recorded in Plat Book 57, pages 1, 1A through 1C of the public records of Duval County, Florida.

 

 

EXHIBIT B

 

 

Articles of Incorporation

 

 

 

EXHIBIT C

 

 

Bylaws

 

 

 

 

EXHIBIT D

 

 

Common Area

 

Tracts A and B and Scenic Oaks Drive, all as depicted on the plat of Olde Oaks, recorded in Plat Book 57, Pages 1, 1A through 1C of the Public Records of Duval County, Florida.

 

 

EXHIBIT E

 

 

Roadways

 

Scenic Oaks Drive, as depicted on the plat of Olde Oaks, recorded in Plat Book 57, Pages 1, 1A through 1C of the Public Records of Duval County, Florida.

 

 

X