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MASTER DECLATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
GRAND HAVEN
THIS MASTER DECLARATIN OF CVENATNS, CONDITIONS, AND RESTRICITONS FOR GRAND HAVEN (the “Declaration”) is made as of the 16th day of March, 2001, by PINEDA PARTNERS, L.L.C., a Florida limited liability company, with mailing address at Post Office Box 3767, Cocoa, Florida 32934 (hereinafter referred to as “Developer”) which declares that the real property described in Article II, which is owned by the Developer, is subject and shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, easements, reservations, charges and liens hereinafter set forth.
ARTICLE I – DEFINITIONS
The following words used in this Declaration (unless the context shall prohibit) shall have the following meanings:
Section 1.1 “Articles” shall mean the Articles of Incorporation of the Association, a copy of which is attached hereto and made a part hereof as Exhibit B.
Section 1.2 “Assessment” shall mean a share of the Association Expenses which from time to time are assessed against the Lots and Lot Owners, commencing from the time each Lot becomes a Contributing Lot.
Section 1.3 “Association” shall mean and refer to Grand Haven Master Homeowners Association, Inc., a Florida corporation not for profit, and its successors and assigns.
Section 1.4 “Association Expenses” shall mean the expenses are charges described in this Declaration incurred or to be incurred by the Association and assessed or to be assessed upon the Lots and the Owners thereof.
Section 1.5 “Board” or “Board of Directors” shall mean the Board of Directors of the Association.
Section 1.6 “Bylaws” shall mean the Bylaws of the Association, a copy of which is attached hereto and made a part hereof as Exhibit C.
Section 1.7 “Common Property” or “Common Properties” shall mean and refer to (i) all areas shown no a recorded plat of the Properties which are to be conveyed to, controlled and maintained the Association, including, without limitation, the common recreational areas and the associated recreational amenities located or constructed thereon, (ii) all landscaping and improvements lying within the public ways which is to be maintained by the Association, (iii) entry features or signs erected by the Developer to identify Grand Haven or any individual phase or section thereof, (iv) any special design feature lying within public ways, (v) any landscaping, fences, walks, signs and wall installed by the Developer or the Association in any Common Property and (vi) such other property, both real and personal, acquired by the Association by purchase, gift, lease or otherwise. The Association shall be responsible to maintain, repair and replace the Common Property or Common Properties as hereinafter provided. Developer shall have the right, subject to obtaining all required governmental approvals and permits, to construct on the Common Property or Common Properties such facilities, if any, as the developer deems appropriate. The timing and phasing of all such construction, if any, shall be within the sole discretion of the Developer.
Section 1.8 “Declaration” or “Declaration of Covenants and Restrictions” shall mean this Declaration of Covenants, Conditions and Restrictions, as the same may be amended from time to time in the manner provided therein.
Section 1.9 “Developer” shall mean Pineda Partners, L.L.C., a Florida limited liability company, and its successors and assigns, but only if the instrument by which such successor or assignee assume the interest of Pineda Partners, L.L.C. in this development expressly provides that such successor or assignee shall become the Developer hereunder. A builder, contractor or other person which purchases one or more Lots for the purpose of constructing dwelling units shall not be deemed to be a “Developer.”
Section 1.10 “Easement” or “Easement Areas” shall mean and refer to all of the various easements and easement areas upon any Lot as designated on any recorded subdivision plat or plats of the Properties.
Section 1.11 “First Mortgage” means any mortgage constituting a lien prior in dignity to all other mortgages encumbering the same Lot.
Section 1.12 “Grand Haven” means the planned residential development to be developed upon the Properties, and which thus becomes subject to this Declaration.
Section 1.13 “Institutional Mortgage” means (a) any lending institution having a first mortgage lien upon a Lot, including any of the following institutions: a federal or state savings and loan or building and load association, or bank or real estate investment trust, or mortgage banking company doing business in the State of Florida; or (b) any “Secondary Mortgage Market Institution,” including the Federal National Mortgage Corporation, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, and such other secondary mortgage market institution as the Board shall hereafter approve in writing which has acquired a first mortgage upon a Lot; or © any pension or profit-sharing funds qualified under the Internal Revenue Code; or (d) any and all investing or lending institutions, or the successors and assigns of such lenders (herein referred to as the “Lenders”) which has loaned money to Developer to acquire, or construct improvements upon, the Properties and which holds a mortgage upon any portion of the Properties securing such a loan.
Section 1.14 “Limited Common Property” or “Limited Common Properties” means those Common Properties which are reserved for the exclusive us or benefit of the owners of Lots within designated phases or sections of Grand Haven, together with all landscaping and improvements located thereon. The Developer may, be deed restriction or other recorded instrument, designate portions of the Properties as Limited Common Properties and to convey fee simple title to such Limited Common Property or Limited Common Properties to the Association. The Association shall be responsible to maintain, repair and replace the Limited Common Property or Limited Common Properties as hereinafter provided, however, the cost of such maintenance, repair and replacement shall be only among the owners of Lots within the phases or sections having the use or benefit of such Limited Common Elements. Developer shall have the right, subject to obtaining all required governmental approvals and permits, to construct on the Limited Common Property or Limited Common Properties such facilities, if any, as the Developer deems appropriate, including, without imitation, entry gates and features with respect to individual phases or sections. The timing and phasing of such construction, if any, shall be within the sole discretion of the Developer.
Section 1.15 “Lot” shall mean and refer to any numbered lot on a recorded subdivision plat of the Properties, excluding the Common Properties.
Section 1.16 “Lot Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties.
Section 1.17 “Member” shall mean and refer to all those Owners who are Members of the Association as provided in Section 3.1 and Section 3.2 hereof.
Section 1.18 “Mortgage” means any recorded Mortgage, Deed of Trust or other instrument transferring any interest in a Lot as security for the performance of an obligation.
Section 1.19 “Occupant” shall mean the person or persons other than the Lot Owner in possession of the Lot.
Section 1.20 “Property” or “Properties” shall mean and refer to the real property described in Section 2.1 hereof, as now made subject to this Declaration, except such as are withdrawn from the provisions hereof in accordance with the procedure hereinafter set forth.
Section 1.21 “Sandhill Crane conservation Easement Areas” shall mean and refer to those portions of the Common Property designated as preserved wetlands for sand hill crane nesting areas, buffers for sand hill crane nesting areas and sand hill crane foraging areas on a recorded subdivision plat of the Properties and/or in a separate conservation easement agreement recorded in the Public Records of Brevard County, Florida, including, without limitation, Tracts I, J, K, L and AAA, according to the plat of Grand Haven, Phase One, as recorded in Plat Book 46, Pages 55 through 67, Public Records of Brevard County, Florida.
Section 1.22 “Sandhill Crane Management Plan” shall mean and refer to that certain Sandhill Crane Management Plan prepared by Modica and Associates, Inc. as approved by the St. Johns River Water Management District, a copy of which is attached hereto and made a part hereof as Exhibit D.
Section 1.23 “Surface Water or Stormwater Management System” shall mean a system which is designated and constructed or implemented to control discharges which are necessitated by rainfall events, incorporation 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 discharges from the system, as permitted pursuant to Chapters 40C-4, 40C-40, or 40C-42, F.A.C.
Section 1.24 “Surplus” shall mean the excess of all receipts of the Association from the Lot Owners and any other income accruing to the Association over and above the amount of the Association Expenses.
Section 1.25 “Wetland Conservation Easement Areas” shall mean and refer to those portions of the Common Property designated for conservation of preserved wetlands and uplands on a recorded subdivision plat of the Properties and/or in a separate conservation easement agreement recorded in the Public Records of Brevard County, Florida, including, without limitation, Tracts A, B and E, according to the plat of Grand Haven Phase One, as recorded in Plat Book 46, Pages 55 through 67, Public Records of Brevard County, Florida, together with those portions of the Lots as are designated as wetland conservation easements on a recorded subdivision plat of the Properties.
The foregoing definitions shall be applicable to this Declaration and also shall be applicable to the Articles of Incorporation and Bylaws of the Association, unless otherwise expressly provided herein or therein.
ARTICLE II – PROPERTY SUBJECT TO THIS DECLARATION
Section 2.1 – Legal Description. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Brevard County, Florida, and is more particularly described in attached Exhibit A attached hereto and made a part hereof.
ARTICLE III – MEMBERSHIP AND VOTING RIGHTS
Section 3.1 – Association Membership. Every Owner of a Lot shall be a Member of the Association. There shall be one (1) person, with respect to each Lot, who shall be entitled to vote at any meeting or the Lot Owners, and such person shall be known (and is hereinafter referred to) as a “Voting Member”. If a Lot is owned by more than one (1) person, the Owners of said Lot shall designate one (1) of them as the Voting Member, or in the case of a corporate Lot Owner, an officer or an employee thereof shall be the Voting Member. Designation of the Voting Member shall be made, as provided by and subject to, the provisions and restrictions set forth in the Bylaws of the Association. Membership shall be appurtenant to and may not be separated from ownership of a Lot. Transfer of Lot ownership, either voluntarily or by operation of law, shall terminate membership in the Association, and said membership shall thereupon be vested in the transferee.
Section 3.2 – Voting Classes. The Association shall have two (2) classes of voting membership:
3.2(a) Class A. Class A Members shall be all Owners as defined in Section 3.1, with the exception of the Developer as defined in this Declaration (as long as the Class B membership shall exist, and thereafter the Developer shall be a Class A Member to the extent it would otherwise qualify). Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interest required for membership by Section 3.1. When more than one (1) persons holds such interest or interests in any Lot, all such persons shall be Members, and the vote for such Lot shall be exercised by the Voting Member as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any such Lot.
3.2(b) Class B. The Class B Member shall be the Developer. The Class B Member shall be entitled to one (1) vote for each Lot owned by Developer, plus two (2) votes for each vote which the Class A Members are entitled to cast from time to time; provided that the Class B membership shall cease and terminate upon the happening of any of the following events, whichever first occurs:
3.2(b)(1) The sale and conveyance of seventy-five percent (75%) of the Lots developed or to be developed in Grand Haven:
3.2(b)(2) December 31, 2010; or
3.2(b)(3) At any time prior to that date, at the election of the Developer.
3.2(c) Notwithstanding the foregoing or anything contained in this Declaration to the contrary, the Developer shall have the right to elect a majority of the Board of Directors of the Association until the occurrence of one of the events set forth in Section 3.2(b)(1) or (2) hereinabove. Whereupon the then existing Class A Members shall be obligated to elect the Board and assume control of the Association.
Section 3.3 – Mergers. Upon a merger or consolidation of the Association with another similar association, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association, or alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger; provided, however, that such merger shall have been adopted by receiving at least two-thirds (2/3) of the votes of each class of Members voting at a regular meeting or special meeting duly called for such purpose at which a quorum shall be present, either in person or by proxy. The surviving or consolidated association may administer the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration within the Property.
Section 3.4 – Changes in Ownership. Any Owner desiring to sell or otherwise transfer title to his or her Lot shall give the Association at least seven (7) days prior written notice of the name and address of the purchaser or transferee, the date of such transfer of title and such other information as the Association may reasonably require. For purposes of determining the rights and obligations of the parties under this Declaration, the transfer shall be effective upon recording of and instrument conveying title in the Public Records of Brevard County, Florida; provided, however, the transferor shall continue to be jointly and severally responsible with the transferee for all obligations of the Owner of the Lot, including assessment obligations, until the date upon which such written notification is received by the Association.
ARTICLE IV – PROPERTY RIGHTS IN THE COMMON PROPERTIES
Section 4.1 – Ownership. The Common Properties shall be conveyed or assigned, free and clear of all liens and encumbrances, to the Association for the joint and several use, in common, of the Owners of all Lots that may from time to time constitute part of the Properties, but only for their restricted purposes and uses as set forth in a recorded subdivision plat of that portion of the Properties within which such Common Properties are located or as set forth in a separate instrument recorded by the Developer, subject to the right of the Developer to designate certain of such Common Properties as Limited Common Properties. When all improvements proposed by the Developer to be constructed within the Properties have been completed and conveyed to by the Developer to be constructed within the Properties have been completed and conveyed to purchasers (if applicable), or sooner at the Developer’s option exercisable from time to time as to any portion or all of the Common Properties, the Developer, or its successors and assigns, shall convey, assign and/or transfer the record fee simple title or such right, title and interest as shall then be owned by it to the Common Properties to the Association, and the Association shall accept such conveyance and/or assignment, holding title and interest for the Owners as stated in the preceding sentence. Beginning upon the date the Common Properties are deeded and/or assigned to the Association, the Association shall be responsible for the maintenance and operation of all Common Properties, including, without limitation, the limited Common Properties, in a continuous and satisfactory manner. The Association shall be responsible for the payment of all real estate taxes and assessments upon the Common Properties during periods of construction upon adjacent properties, and for the purpose of construction of any facilities on the Common Properties that Developer elects to build, and Developer shall have the right to use the Common Properties for sales, displays and signs during the period of construction and sales of all the land owned by Developer within the Properties.
Section 4.2 – Members’ Easements. Each Member of the Association, and each tenant, agent and invitee of such Member, shall have a permanent and perpetual easement for the use of the Common Properties for their intended and restricted purposes only in common with all other such members of the Association, their tenants, agents and invitees, subject, however, to the right of the Developer to designate certain portions of the Common Properties as Limited Common Properties.
The rights of use are hereby made subject to the following superior rights and restriction:
4.2(a) The provisions of this Declaration and any restrictions on the recorded plat or plats of Properties.
4.2(b) The provisions of any conservation easement affecting any portion or portions of the Common Properties.
4.2(c) The right of the Association to adopt at any time and from time to time enforce rules and regulations governing the use of the Common Properties and all facilities at any time situated thereon. Any rules and/or regulations so adopted shall apply until rescinded or modified as if originally set forth at length in this Declaration.
4.2(d) The right of the Developer to designate certain Common Properties as Limited Common Properties.
Section 4.3 – Easements Appurtenant. The easements provided in Section 4.2 shall be appurtenant to and shall pass with the title to each Lot.
Section 4.4 – Maintenance of Common Properties. The Association shall at all times maintain in good repair, operate, manage and insure, and shall replace as often as necessary, the Common Properties, including, without limitation, the recreational facilities and improvements, private streets and walkways, and any and all landscaping and other improvement features situated on the Common Properties (upon completion of construction by Developer), including, without limitation, the Limited Common Properties. All such work to be done as ordered by the Board of Directors of the Association acting on a majority vote of the Board members. Without limiting the generality of the foregoing, the Association shall assume all of Developer’s responsibility of any kind to the St. Johns River Water Management District, Brevard County, Florida and any other governmental or regulatory agencies with respect tot eh Common Properties, including but not limited to, the entry features, the Surface Water or Stormwater Management System, the Sandhill Crane Conservation Easement Areas and the Wetland Conservation Easement Areas and shall indemnify Developer and hold Developer harmless with respect thereto. In addition, the Association shall maintain and insure the entrance sign for Grand Haven located on Wickham Road and shall be responsible for removal of the same should such removal be required by Brevard County. Not later than the date on which the Class A members are entitled to elect a majority of the members of the Board of Directors f the Association, the Developer shall assign the permit issued by the St. Johns River Water Management District for the Surface Water or Stormwater Management System and the Association shall be obligated to accept such assignment. The Association shall also assume and be responsible for certain maintenance responsibilities with respect to certain offsite stormwater easement areas associated with the Properties. All work pursuant to this Section and all expenses hereunder shall be paid for by the Association through assessments imposed in accordance with Article VI, and shall be assessed against all Lots as provided for in Article VI hereof, provided, however, the assessment with respect to Lots located within particular phases or sections of Grand Haven may included charges for maintenance of those Limited Common Properties appurtenant to such phases or sections which are no shared among the Owner of Lots within other phases or sections of Grand Haven. No Owner may waive or otherwise escape liability for the assessments for such maintenance by non-use of the Common Properties or Limited Common properties or abandonment of his right to use thereof.
Section 4.5 – Maintenance and Operation of Surface Water or Stormwater Management System.. 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 systems to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by the St. Johns River Water Management District. The Association shall be responsible for such maintenance and operation. Any repair or reconstruction of the Surface Water or Stormwater Management System shall be as permitted, or if modified as approved by the St. Johns Water Management District.
The St. Johns River Water Management district shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in the Declaration which relate to the maintenance, operation and repair of the Surface Water or Stormwater Management System.
Section 4.6 – Easement Grant and Restrictions. The Developer does hereby give and grant unto the Association a perpetual easement for the use, development, installation, maintenance and care of all landscaping, walks, walls, signage and fences or other improvement features upon and within the Common Properties shown on the plat or plats of the Properties as recorded by the Developer, together with full right and authority of the Association, its officers, agents and/or employees to enter upon such areas for the installation, maintenance, removal, replacement, care and treatment of all recreational facilities, walks, walls, signage, fences and landscaping thereon as it may deem necessary and proper.
All walls, walks, fences, signage, landscaping, trees, grass, plants and plant material or other improvement features for the development of such Common Properties shall be installed, developed, replaced and maintained by the Association in accordance with the requirements and standards of Brevard County, Florida.
No structure, fence or landscaping that interferes with the flow or retention of storm water and no refuse shall be placed upon or allowed to remain on any part of a Lot within any easement area for storm water drainage or retention, and the storm water drainage and retention areas, including drainage swales or retention ponds, shall not be filled or otherwise changed so as to alter or block the flow or the quantity of water. Owners of Lots within which any easement for storm water drainage or retention lies shall be responsible for the maintenance of such areas to permit the flow and retention of water in accordance with the approved storm water drainage and retention system plan required. If any owner shall fail to comply with any part or all of the restrictions contained in this Section, the Association shall notify the Owen in writing, shall have the right to correct such failure to comply herewith, to assess and collect the cost thereof, and shall have a lien upon the Lot upon which the work was performed, all in accordance with the provisions of Article VI governing the collection of assessments.
Section 4.7 – Utility Easements. In addition to the utility and drainage easements as established and imposed upon each lot in a recorded subdivision of plat of the Properties, as identified in Section 2.1, hereof, there is hereby created a blanket easement upon, across, over, through and under the Properties for ingress, egress, installation, replacement, repair and maintenance of all utility and service lines and systems, including but not limited to, water, sewers, treated sewage effluent water refuse disposal system, gas, telephones, electricity, drainage, television, cable or communication lines and systems. By virtue of this easement it shall be expressly permissible for the Developer or the providing utility or service company to install and maintain facilities and equipment on said Property, to excavate for such purposes and to affix and maintain wires, circuits and conduits on, in and under the roofs and exterior walls of all buildings, providing such company restores disturbed areas to the condition in which they were found. This easement shall in no way affect any other recorded easements on said premises. Public and private utilities may be installed underground in the Common Properties when necessary for the service of the Properties or other lands within the Properties. All of the rights and easements granted in this Section 4.7 may only be utilized after written approval therefore shall be granted by the Association, and then only in accordance with such conditions and limitations as the Association shall establish in its approval.
Section 4.8 – Access Easements. Fire, police, health, utility, drainage, sanitation and other public or private service personnel and vehicles shall have a permanent and perpetual easement for ingress and egress over and across the Common Properties.
Section 4.9 – Supremacy Reservation. Notwithstanding any other provision of this Declaration, the Developer reserves the right to convey to any governmental entity or agency title to, or an easement over, all or any portion of the Common Property as will be located and identified upon any recorded subdivision plat or plats of the Property.
Section 4.10 – Mortgaging or Conveyance of Common Properties. In no event shall any portion of the Common Properties be mortgaged or conveyed without the consent of at least two thirds 2/3 of the Members of the Association excluding the Developer.
ARTICLE V – CONSERVATION EASEMENTS
Section 5.1 – Wetland Conservation Easement Areas. The Wetland Conservation Easement Areas shall and are hereby declared to be subject to a Wetland Conservation Deed Restriction pursuant to Section 704.06, Florida Statutes, in favor of the St. Johns River Water Management District, the Association and their respective successors and assigns, for the purpose of retaining and maintaining the Wetland Conservation Easement Areas in their predominantly natural condition as a water recharge, detention and percolation and environmental conservation area including natural upland buffers. In furtherance of this conservation deed restriction, all of the following uses of the Wetland Conservation Easement Areas are hereby prohibited and restricted without the prior written consent of the St. Johns River Water Management District, to wit:
5.1(a) The construction, installation, or placement of signs, buildings, fences, walls, roads, or any other structures and improvements on or above the ground of the Wetland Conservation Easement Areas; and
5.1(b) The dumping or placing of soil or other substances or materials as landfill or the dumping or placing of trash, waste, or unsightly or offensive materials; and
5.1(c) The removal or destruction of trees, shrubs, or other vegetation from the Wetland Conservation Easement Areas; and
51(d) The excavation, dredging, or removal of loam, peat, gravel, rock, soil, or other material substance in such a manner as to affect the surface of the Wetland Conservation Easement Areas; and
5.1(e) Surface use, except for purposes that permit the land or water area to remain in predominantly natural condition; and
5.1(f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation; and
5.1(g) Acts or uses detrimental to such retention of land or water areas.
The Wetland Conservation Easement Areas hereby created and declared shall be perpetual.
The Developer, the St. Johns River water Management District, and their successors and assigns, shall have the right to enter upon the Wetland Conservation Easement Areas at all reasonable times and in a reasonable manner, to assure compliance with the aforesaid prohibitions and restrictions.
The Developer, the Association, and all subsequent owners of the Wetland Conservation Easement Areas shall be responsible for the periodic removal of trash and other debris which may accumulate on such Wetland Conservation Easement Areas.
The south one hundred feet (100’) of Tracts D and H, as set forth on the plat of Grand Haven, shall be subject to a public easement dedicated to Brevard County, Florida allowing for the placement of a meandering fourteen foot (14’) wide pedestrian walkway. Such easement shall provide that the walkway shall be elevated on pilings without the use of fill where traversing any existing or manmade wetlands and that permitting for the walkway shall be coordinated with the St. Johns River Water Management District and all other governmental agencies having jurisdiction over such activities.
All manmade wetland areas shall be subject to a fifteen foot (15’) maintenance berm easement, as shown on the plat of Grand Haven, in favor of the Developer, the Association, the St. Johns River Water Management District, and their successors and assigns. Such maintenance berm easement shall provide for access to the wetland creation areas to allow for proper maintenance of such wet lands in accordance with approved construction plans.
Where ever the Wetland Conservation Easement Areas abuts a platted Lot, as set forth on a recorded subdivision plat, the Wetlands Conservation Easement Areas shall be subject to a six foot (6’) backslope easement along its boundary for placement and maintenance of fill for the purpose of sloping the finished lot grade at the property line to the natural grade of the Wetland Conservation Easement Areas in accordance with approved construction plans.
No owner of any Lot abutting the Wetlands Conservation Easement Area shall apply, or permit the application of, any fertilizer or other chemical applications, including, without limitation, pesticides, to any portion of such Lots lying within thirty feet (30’) of the Wetlands Conservation Easement Area.
The prohibitions and restrictions upon the Wetland Conservation Easement Areas as set forth in this Section may be enforced by the St. Johns River Water Management District or the Department of Environmental Protection by proceedings at law or in equity including, without limitation, actions for injunctive relieve. The provisions hereof relating to the Wetland Conservation Easement Areas and the restrictions imposed hereby may not be amended without prior approval from the St. Johns River Water Management District.
All rights and obligations arising hereunder are appurtenances and covenants running with the Wetland Conservation Easement Areas, and shall be binding upon, and shall inure to the benefit of the Developer, the St. Johns River Water Management District, and to their successors and assigns. Upon conveyance by the Developer to third parties (including the Association) of any land affected by this restriction, the Developer shall have no further liability or responsibility hereunder, provided the deed restriction covering the Wetland Conservation Easement Areas is properly recorded.
Section 5.2 – Sandhill Crane Conservation Easement Areas. The Sandhill Crane Conservation Easement Areas shall and are hereby declared to be subject to a Sandhill Crane Conservation Deed Restriction pursuant to Section 704.06, Florida Statues, in favor of the St. Johns River Water Management District and its successors and assigns, for the purpose of retaining and maintaining the Sandhill Crane nesting and foraging, wooded upland buffers, wooded water recharge, detention and percolation and environmental conservation areas. These Sandhill Crane Conservation Easement Areas shall be maintained in accordance with the Sandhill Crane Management Plan. In furtherance of this Sandhill Crane Conservation Easement, all of the following uses of the Sandhill Crane Conservation Easement Areas are hereby prohibited and restricted without the prior written consent of the St. Johns River Water management District, to wit:
5.2(a) The construction, installation, or placement of signs, building, fences, walls, roads, or any other structures and improvements on or above the ground of the Sandhill Crane Conservation Easement Areas; and
5.2(b) The dumping or placing of soil or other substances or materials as landfill or the dumping or placing of trash, waste, or unsightly or offensive materials; and
5.2(c) The removal or destruction of trees, shrubs, or other vegetation from the Sandhill Crane Conservation Areas; and
5.2(d) The excavation, dredging, or removal of loam, peat, gravel, rock, soil, or other material substance in such a manner as to affect the surface of the Sandhill Crane Conservation Easement Areas; and
5.2(e) Surface use, except for purposes that permit the land or water area to remain in predominantly natural condition; and
5.2(f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation; and
5.2(g) Acts or uses detrimental to such retention of land or water areas.
The Sandhill Crane Conservation Easement Areas hereby created and declared shall be perpetual.
The Developer, the St. Johns River Water Management District, and their successors and assigns, shall have the right to enter upon the Sandhill Crane Conservation Easement Areas at all reasonable times and in a reasonable manner, to assure compliance with the aforesaid prohibitions and restrictions.
The Developer, the Association, and all subsequent owners of the Sandhill Crane Conservation Easement Areas shall be responsible for the periodic removal of trash and other debris which may accumulate on such Sandhill Crane Conservation Easement Areas.
The Association shall be responsible for maintaining the Sandhill Crane Conservation Easement Areas in accordance with the Sandhill Crane Management Plan.
Where ever the Sandhill Crane Conservation Easement Areas abuts a platted Lot, ass set forth on a recorded subdivision plat, the Sandhill Crane Conservation Easement Areas shall be subject to a six foot (6’) backslope easement along its boundary for placement and maintenance of fill for the purpose of sloping the finished lot grade at the property line to the natural grade of the Wetland Conservation Easement Areas in accordance with approved construction plans.
No owner of any Lot abutting the Sandhill Crane Conservation Easement Area shall apply, or permit the application of, any fertilizer or other chemical applications, including, without limitations, pesticides, to any portion of such Lot lying within thirty feet (30’) of the Sandhill Crane Conservation Easement Area.
The prohibitions and restrictions upon the Sandhill Crane Conservation Easement Areas as set forth in this Section may be enforced by the St. Johns River Water Management District by proceedings at law or in equity including, without limitation, actions for injunctive relieve. The provisions hereof relating to the Sandhill Crane Conservation Easement Areas and the restrictions imposed hereby may not be amended without prior approval from the St. Johns River Water Management District.
All rights and obligations arising hereunder are appurtenances and covenants running with the Sandhill Crane Conservation Easement Areas, and shall be binding upon, and shall inure to the benefit of the Developer, the St. Johns River Water Management District and to their successors and assigns. Upon conveyance by the Developer to third parties (including the Association) of any land affected by this restriction, the Developer shall have no further liability or responsibility hereunder, provided the deed restriction covering the Sandhill Crane Conservation Easement Areas is properly recorded.
ARTICLE VI – ASSOCITION COVENANTS FOR MAINTENANCE ASSESSMENTS
Section 6.1 – Creation of the Lien and Personal Obligation of the Assessments. Except as provided in Section 6.8 hereof, the Developer for each Lot owned by it within the Properties hereby covenants and agrees, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association annual assessments or charges for the maintenance, operation, management and insurance of the Common Properties and other items described herein as Common Properties, including such reasonable reserves as the Association may deem necessary, and special assessments as provided in Section 6.3 hereof, such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual and special assessments, together with late charges, interest and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Ease such assessment, together with late charges, interest and costs of collection thereof as hereinafter provided, shall also be the personal obligation of all Owner(s) of such Lot from time to time. All assessments, both regular and special, shall be imposed against all Lots within the Properties and those that may in the future be subject to liens of the Association (except as provided herein with respect to charges or assessments which are made against one or more Lots to the exclusion of others).
Determining Amount of Assessment: The initial assessment amount for Lots within each individual neighborhood within Grand Haven shall be established by the Developer and set forth in a Supplemental Declaration recorded by the Developer with respect to each such neighborhood. The assessment amount for each Lot with within any particular neighborhood within Grand Haven shall be uniform but assessment amounts may vary among the neighborhoods, as determined by the Developer. Each year, the Board of Director’s shall establish an annual budget (the “Budget”) for the Association. Based upon each year’s Budget, the Board of Directors may adjust the assessment amount applicable to each neighborhood within Grand Haven in order to meet the operating needs of the Association and to undertake its duties and obligations as set forth in this Declaration. Any adjustment to the assessment amounts applicable to Lots within the various neighborhoods within Grand Haven shall be made on a prorate basis with the same percentage adjustment being applied to all neighborhoods. Special assessments, as hereinafter provided, shall be apportioned among the Lots within Grand Haven on a proportionate basis based upon the same percentage which the amount of the annual assessment attributable to each Lot bears to the total annual assessments attributable to all Contributing Lots within Grand Haven.
Start-Up Assessments. There shall be a one-time start-up assessment payable to the Association at the time a Lot is conveyed to its initial owner. Each subsequent Lot Owner may reimburse the previous owner the start-up assessment that was paid at the time of the initial lot acquisition. A Lot acquired by a builder from the Developer shall be subject to the start-up assessment at that time of acquisition. The amount of the start-up assessment applicable to Lots within each neighborhood within Grand Haven shall be established by the Developer and set forth in a Supplemental Declaration recorded by the developer with respect to each such neighborhood. The start-up assessment for each Lot within any particular neighborhood within Grand Haven shall be uniform but the amount of the start-up assessment may vary among the various neighborhoods, as determined by the Developer.
Section 6.2 – Purpose of Assessments. The assessments levied by the Association shall be used exclusively for maintenance, operation, management and insurance of the Common Properties as provided in Articles IV and V hereof, and to promote the health, safety, welfare and recreational opportunities of the Members of the Association and their families residing with them (if applicable) and their guests and tenants.
Section 6.3 – Capital Improvements. Funds in excess of Twenty five Thousand Dollars ($25,000.00) in any one (1) case which are necessary for capital improvements or other extraordinary expenses relating to the Common Properties or the operation of the Association and which have not previously been collected as reserves or are otherwise available to the Association may be levied as special assessments by the Association upon approval by a majority of the Board of Directors of the Association and upon approval of two-thirds (2/4) favorable vote of the Members present and voting at a meeting or by ballot as may be provided by the Bylaws of the Association, against Lots in the manner specified in Section 6.1 hereof. Special assessments for capital improvements to the Limited Common Properties which have not previously been collected as reserves or are otherwise available to the Association may be levied as special assessments against those Lots to which such Limited Common Properties are appurtenant upon approval by a majority of the Board of Directors and upon approval of two-thirds (2/3) favorable vote of the Owners of those Lots affected by such special assessment.
Section 6.4 – Date of Commencement of Annual Assessments: Due Dates. The annual Lot assessments provided for in this Article VI shall commence on the day each Lot has been conveyed by Developer. On such commencement date, each Lot shall become a “Contributing Lot”.
The annual assessments shall be payable in monthly installments, or in annual or quarter-annual installments if so determined by the Board of Directors of the Association. The assessment amount may be changed at any time by said Board from that originally stipulated or from any other assessment that is in the future adopted. The original assessment shall be for the calendar year, but the amount of assessment to be levied during any period shorter than a full calendar year shall be in proportion to the number of days remaining in such calendar year.
The due date of any special assessment under Section 6.3 hereof shall be fixed in the Board resolution authorizing such assessment.
Section 6.5 – Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment for all Lots within any particular neighborhood in Grand Haven shall be the amount established for such neighborhood by the Developer in a recorded Supplemental Declaration.
(a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment attributable to Lots within any neighborhood within Grand Haven may be increased each year not more than fifteen percent (15%) above the maximum assessment for the previous year without a vote of two-thirds (2/3) of each class of members who are present and voting in person or by proxy, at a meeting duly called for this purpose; provided, however, the same percentage increases shall apply to Lots within all neighborhoods within Grand Haven on an uniform basis.
(b) The Board of Directors may fix the annual assessment applicable to Lots within each neighborhood within Grand Haven at an amount not in excess of the maximum.
Section 6.6 – Duties of the Board of Directors. The Board of Directors of the Association shall fix the amount of the assessment against each Lot for each assessment period at least thirty (30) days in advance of such period and shall, at that time, prepare a roster of the Lots, the Owners thereof and assessments applicable thereto, which shall be kept in the office of the Association and shall be open to inspection by any Owner.
Written notice of the applicable assessment shall be thereupon be sent to every Owner subject thereto thirty (30) days prior to payment, except as to emergency assessments.
The Association shall, upon request and only in connection with any sale or mortgaging of any Lot, furnish to any Owner liable for an assessment a certificate in writing signed by the Treasurer of the Association, setting forth whether such assessments has been paid as to any particular Lot. Such certificate shall be conclusive evidence of payment of any assessment to the Association therein stated to have been paid.
Section 6.7 – Collection of Assessment; Effect of Non-Payment of Assessment; the Personal Obligation; the Lien; Remedies of the Association. If the assessments are not paid on the dates when due (being the dates specified in Section 6.4 hereof), then such assessments shall become delinquent and shall, together with late charges, interest and the cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the appropriate Lot, which shall bind such Lot in the hands of the then Owner, his heirs, devisees, personal representatives, successors and assigns. The personal obligation of the then Owner to pay such assessment shall pass to his successors in title and recourse may be had against either or both.
If any installment of an assessment is not paid within thirty (30) days after the due date, at the option of the Association, a late charge not greater than the amount of such unpaid installment may be imposed (provided that only one (1) late charge may be imposes on any one (1) unpaid installment and if such installment is not paid thereafter, it and the late charge shall accrue interest as provided herein but shall not be subject to additional late charges; provided further, however, that each other installment thereafter coming due shall be subject to one (1) late charge each as aforesaid), and all sums due shall bear interest from the date when due until paid at the rate of ten percent (105) per annum, and the Association may bring an action at law against the Owner(s) personally obligated to pay the same or may record a claim of lien against the Property on which the assessments and late charges are unpaid, or may foreclose the lien against the Lot on which the assessments and late charges are unpaid, or pursue one (1) or more of such remedies at the same time or successively, and attorney’s fees and costs of preparing and filing the claim of lien and the complaint in such action shall be added to the amount of such assessments, interest and late charges, and in the event a judgment is obtained, such judgment shall include all such sums as above provided and a reasonable attorneys’ fee to be fixed by the court, together with the costs of the action, and the Association shall be entitled to attorneys’ fees in connection with any appeal of any such action.
In addition to the rights of collection of assessments stated in this Section 6.7, any and all persons acquiring the title to or the interest in a Lot as to which the assessment is delinquent, including without limitation, persons acquiring title by operation of law and by judicial sale, shall not be entitled to the occupancy of such Lot or the enjoyment of the Common Properties until such time as all unpaid and delinquent assessments due and owning from the selling Owner have been fully paid, and no sale or other disposition of Lots shall be permitted until an estoppel letter is received from the Association acknowledging payment in full or all assessments and other sums due; provided, however, that the provisions of this sentence shall not be applicable to the mortgagees and purchasers contemplated by Section 6.8 of this Article.
It shall be the legal duty and responsibility of the Association to enforce payment of the assessments hereunder. Failure of the Association to send or deliver bills shall not, however relieve Owners from their obligations hereunder.
All assessments, late charges, interest, penalties, fines, attorneys’ fees and other sums provided for herein shall accrue to the benefit of the Association.
Owners shall be obligated to deliver the documents originally received from the Developer, containing this and other declarations and documents, to any grantee of such Owners.
Section 6.8 – Subordination of the Lien. The lien of the assessment provided for in this Article VI shall be subordinate to tax liens and to the lien of any institutional first mortgage recorded prior to recordation of a claim of lien, which mortgage encumbers any Lot and is now or hereafter placed upon a portion of the Properties subject to assessment; provided, however, that any mortgage when in possession or any receiver, and in the event of a foreclosure any purchaser at a foreclosure sale, and any mortgagee acquiring a deed in lieu of foreclosure, and all persons claiming by, through or under any such purchaser or mortgagee, shall hold title subject to the liability and lien of any assessment becoming due after such foreclosure (or conveyance in lie of foreclosure). Any unpaid assessment which cannot be collected as a lien against any Lot by reason of the provisions of this Section 6.8 shall be deemed to be an assessment divided among, payable by and a lien against all Lots as provided in Section 6.1 of this Article VI, including the Lot as to which the foreclosure (or conveyance in lieu of foreclosure) took place.
Section 6.9 – Effect on Developer. Notwithstanding any provision that may be contained to the contrary in this instrument, for so long as Developer is the owner of and Lot of undeveloped property within the Properties, the Developer shall not be liable for assessments against such Lots, provided that Developer funds an mount equal to the amount of operating expenses (exclusive of reserves and management fees) incurred during such period of time not produced by assessments receivable from other Members of the Association. Developer may at any time and from time to time commence paying assessments as to Lots that it owns and thereby automatically terminate its obligation to fund deficits, but may at any time thereafter and from time to time again elect to follow the procedure specified in the preceding sentence. When all Lots within the Properties are sold and conveyed to purchasers, Developer shall have no further liability of any kind to the Association for the payment of assessments or deficits.
Section 6.10 – Conveyance; Dedication. All Lots and other properties conveyed or dedicated to an accepted by a local governmental authority and Common Property shall be exempt from the assessments created herein, except that no Lot devoted to dwelling use shall be exempt from these assessments.
Section 6.11 – Trust Funds. The portion of all regular assessment collected by the Association for reserves for future expenses, and the entire amount of all special assessments shall at all times be kept and maintained in interest bearing accounts or in certificates of deposit or other like instruments or accounts available at banks, the deposits of which are insured by an agency of the Unites States.
Section 6.12 – Notice and Quorum for any Action Authorized Under Sections 6.3 and 6.5. Written notice of any meeting called for the purpose of taking any action authorized under Sections 6.3 and 6.5 shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitle to cast sixty percent (60%) of all votes of each class of membership shall constitute a quorum. If the required quorum is not present at the first meeting, a second meeting may be called, subject to the same notice requirement, and the required quorum at the second meeting shall be one-half (1/2) of the required quorum at the preceding first meeting. If the required quorum is not present at the second meeting, a third meeting may be called, subject to the same notice requirement, and the required quorum at the third meeting shall be one-half (1/2) of the required quorum at the preceding second meeting. No such subsequent meeting shall be help more than sixty (60) days following the preceding meeting.
Section 6.13 – Real Estate Taxes. In the event the Common Property and facilities owned by the Association are taxed separately from the parcels deeded to Lot Owners, the Association shall include such taxes as a part of the general assessment. In the event the Common Property and facilities owned by the Association are taxed as a component of the value of the property owned by each Lot Owner, it shall be the obligation of each Lot Owner to promptly pay such taxes prior to them becoming a lien upon the Property.
ARTICLE VII – RULES AND REGULATIONS
Section 7.1 – Compliance by Owners. Every Owner and his tenants, guests, invitees and agents shall comply with any and all rules and regulations adopted by the Association as contemplated in Section 4.2 and 10.8 hereof.
Section 7.2 – Enforcement. Failure to comply with such rules and regulations shall be grounds for immediate action which may include, without limitation, an action to recover sums due for damages, injunctive relief, or any combination thereof. The Association may also suspend, for reasonable periods of time, the rights of an Owner or Owner’s tenants, guests, or invitees or both, to use the Common Properties and recreational facilities and may levy reasonable fines, not to exceed One Hundred Dollars ($100.00) per violation, against any Owner or any tenant, guest or invitee. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, except that no such fine shall exceed Five Thousand Dollars ($5,000.00).
7.2(a) Notice and Hearing. A fine or suspension may not be imposed without notice of at least fourteen (14) days to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three (3) members appointed by the Board of Directors of the Association who are not officers, directors or employees of the Association or the spouse, parent, child, brother or sister of an officer, director or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed.
7.2(b) Payment of Penalties. Fines shall be paid not later than five (5) days after notice of the imposition of assessment of the penalties.
7.2(c) Collection of Fines. Fines shall be treated as an assessment subject to the provisions for the collection of assessments as set forth in Article VI hereof.
7.2(d) Application of Penalties. All monies received from times shall be allocated as directed by the Board of Directors.
7.2(e) Non-exclusive Remedy. These fines shall not be construed to be exclusive, and shall exist in addition to all other rights and remedies to which the Association may be otherwise legally entitled; however, any penalty paid by the offending Owner shall be deducted from or offset against any damages which the Association may otherwise be entitled to recover by law from such Owner.
ARTICLE VIII – USE RESTRICTIONS
Section 8.1 – Land Use and Building Type. No Lot shall be used except for single-family residential purposes. No building constructed on a Lot shall be used except for single-family residential purposes. No building shall be erected, altered, placed or permitted to remain on any Lot other than as set forth above.
Section 8.2 – Specific Restrictions.
8.2(a) All Lots are zoned, restricted and platted for one (1) detached, single-family dwelling, and the principal building to be constructed on all Lots shall have minimum building lot line set-backs as required by Brevard County, Florida. None of the Lots shall at any time be divided into as many as two (2) building sites. A single Lot together with contiguous portion or portions of one (1) or more Lots in the same block may be used for one (1) building site. Not Lot shall be resubdivided, except as approved by the Developer.
8.2(b) An Owner, his family and lessees shall not do or keep and shall not cause anything to be done or kept on his Lot which shall constitute a nuisance under the laws of the State of Florida, or which will obstruct or interfere with the rights of other Owners or the Association or among other Owners by unreasonable noises, odors or otherwise, nor shall any Owner, his family and lessees commit or permit any nuisance, immoral or illegal act within the Properties.
8.2(c) No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted on, upon or in the Common Properties, nor shall oil wells, tracks, tunnels, mineral excavations or shafts be permitted upon or in the Common Properties. No derrick or other structure designed for use in boring for oil, natural gas or minerals shall be erected, maintained or permitted upon any portion of the Common Properties.
8.2(d) Nothing contained in this Declaration shall be interpreted or construed to prevent Developer, its transferees or its or their contractors or sub-contractors from doing or performing on all or any part of the Properties actually owned or controlled by Developer. Its transferees or its or their contractors or sub-contractors as the case may be, whatever they determine to be reasonably necessary or advisable in a connection with the completion of the development of the Properties, including without imitation:
(i) Erecting, constructing and maintaining thereon such structures and vehicles as may be reasonably necessary for the conduct of Developer’s business of completing and establishing the Properties as a residential community and disposing of the same in parcels by sale, lease or otherwise; or
(ii) Conducting thereon its or their business of completing and establishing the Properties as a residential community and disposing of the Properties in parcels by sale, lease or otherwise; or
(iii) Temporary uses by Developer or builders approved by the Developer of model homes, sales displays, parking lots, construction trailers, sales trailers, sales offices and other offices, or any one (1) or combination of such uses shall be permitted until permanent cessatation of such uses takes place; provided, however, in no event shall any approved builder continue to use or maintain any model homes or sales displays within Grand Haven once such approved builder is no longer actively marketing the sale of new homes constructed on Lots within Grand Haven; or
(iv) Maintaining such sign or signs thereon as may be reasonably necessary in connection with the sale, lease, or other transfer or the Properties in parcels;
(v) Provided, however, that operations being conducted under Subparagraph (i), (ii), (iii), and (iv) immediately above shall be permitted upon only those parts of the Properties owned or controlled by the party causing or conducting said operations. As used in this Section, the term “its transferees” specifically does not include purchasers of Lots improved as completed residences.
8.2(e) Each portion of the Properties will be subject to, and the Association
and each Owner will conform to, comply with and observe (i) all laws, statutes, ordinances, rules and regulations of the United States of America, the State of Florida, the County of Brevard, the St. Johns River Water Management District and any and all other governmental and public authorities and boards or offices of the same relating to such Properties, any improvements thereon, or the use thereof, and no illegal or immoral purpose or use shall be permitted on such Properties.
8.2(f) In no event shall any Owner construct any doc or other structure on any lake or retention pond located within Grand Haven. In addition, in no event shall any Owner be permitted to use any water from any lake or retention pond located within Grand Haven for private irrigation purposes.
Section 8.3 – Cable Television Specifications. Each residence constructed within Grand Haven shall comply with the Cable Television Specifications attached hereto and made a part of hereof as Exhibit E.
ARTICLE IX – SUPPLEMENTAL DELCARATIONS
Section 9.1 – Architectural Standards. In order to preserver the values and appearance of Grand Haven, the Developer may, by Supplemental Declaration, establish architectural standards for individual phases and neighborhoods within Grand Haven, including, without limitation, size, set back and height restrictions, landscaping requirements, lighting requirements, restrictions relating to color, type and texture of building materials, uniform mailboxes, requirements for roof design and covering materials, regulations regarding pools and pool enclosures, restrictions governing type, height and location of fences, regulations regarding detached structures, location or restriction of basketball hoops and other sport/recreational equipment and such other aesthetic criteria as may be determined by the Developer in its sole discretion.
ARTICLE X – GENERAL PROVISIONS
Section 10.1 – Duration. The covenants, conditions, restrictions, reservations and easements of this Declaration shall run with and bind the Properties, and shall inure to the benefit of and be enforceable by the Developer, the Association, or the Owner of any land subject to this Declaration, and their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of then (10) years unless an instrument signed by the then Owners of two-thirds (2/3) of the Lots agreeing to revoke said covenants has been recorded. No such agreement to revoke shall be effective unless made and recorded one (1) year in advance of the effective date of such agreement and (i) unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken and (ii) the Association provides for the transfer of its obligations to maintain the Common Property to an entity acceptable to the County of Brevard.
In the event of termination, dissolution or final liquidation of the Association, prior thereto, the responsibility for the operation and maintenance of the Surface or Stormwater Management System will be transferred to and accepted by an entity which would comply with Section 40C-4.027, F.A.C. and be accepted by the St. Johns River Water Management District, or its successor, in writing.
Section 10.2 – Notice. Any notice or other communication required or permitted to be given or delivered hereunder to any Owner shall be deemed properly given or delivered upon the mailing thereof by United States mail, postage prepaid, to: (i) an Owner, at the address of the person whose name appears as the Owner on the records of the Association at the time of such mailing, and in the absence of any specific address of any Lot owned by such Owner; and (ii) the Association, at Post Office Box 3767, Cocoa, Florida 32924, or such other address as the Association shall hereinafter notify Developer and the Owners of in writing, and (iii) Developer at Post Office Box 3767, Cocoa, Florida 32924, or such other address or addresses as Developer shall hereafter notify the Association of in writing, any such notice to the Association of a change in Developer’s address being deemed notice to the Owners. Upon request of an Owner, the Association shall furnish to such Owner the then current address for Developer as reflected by the Association records.
Section 10.3 – Incorporation of Grand Haven Documents. Any and all deeds conveying a Lot or any other portion of the Properties shall be conclusively presumed to have incorporated therein all of the terms and conditions of this Declaration and any Supplemental Declaration files by the Developer in accordance herewith, whether or not the incorporation of the terms and conditions of this Declaration are specifically set forth by reference in such deed, and acceptance by the grantee of such a deed shall be deemed to be acceptance by such grantee of all of the terms and conditions of this Declaration.
Section 10.4 – Enforcement. The provisions, covenants and restrictions of this Declaration may be enforced by the Association, the Developer or by the Owner of any Lot by means of a proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, condition, reservation or easement either to restrain violation or to recover damages, and against the land to enforce an lien created by these covenants; and failure by the Association, the Developer or any Owner to enforce any covenant, restriction, condition, reservation or easement herein contained shall in no event be deemed a waiver of the right to do so thereafter. Should the Association fail to enforce these covenants, provisions and restrictions, the County of Brevard, upon thirty (3) days prior written notice, shall be entitled to enforce this Declaration in lieu and in stead of the Association. These remedies shall be cumulative of all other remedies provided by law.
Section 10.5 – Amendment. In addition to any other manner herein provided for the amendment of this Declaration, the reservations, conditions, covenants, restrictions, easements, charges and liens of this Declaration may be amended changed or added to at any time and from time to time upon the execution and recordation of any instrument executed by the Developer, for so long as there is a Class B Member of the Association; or alternatively, by approval at a meeting of Owners holding not less than two-thirds (2/3) of the votes of the membership of the Association, provided that so long as the Developer is the Owner of any Lot affected by this Declaration, the Developer’s consent must be obtained if such amendment, in the sole opinion of the Developer, affects its interest.
Any amendment to this Declaration which would affect any rights, benefits or privileges afforded to the County of Brevard must have the prior written approval of the County of Brevard.
Any amendment to this Declaration which would affect the surface water management system, including the water management portions of the common areas, must have the prior approval of the St. Johns River Water Management District.
The Developer shall have the absolute right, without the consent of any Owner, to amend this Declaration and the Articles and Bylaws of the Association in order to comply with any approval requirement, rule or regulation of the Federal Housing Administration or the Veteran’s Administration.
Section 10.6 – Condemnation. In the event all or part of the Common Property owned by the Association shall be taken or condemned by any authority having the power of eminent domain, all compensation and damages shall be paid to the Association. The Board of Directors of the Association shall have the right to act on behalf of the Association with respect to the negotiation and litigation of the taking or condemnation issues affecting such property. The proceeds of any condemnation or taking by eminent domain shall be added to the funds of the Association.
Section 10.7 – FHA/VA Approval. As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veteran’s Administration: Annexation of additional properties, dedication of Common Area, and the amendment of this Declaration of Covenants, Conditions and Restrictions, the Articles or the Bylaws of the Association.
Section 10.8 – Rules and Regulations. All Lot Owners shall comply with the rules and regulations adopted and amended from time to time by the Board of Directors. Such rules and regulations shall be for the purpose of elaboration and administration of the provisions of this Declaration and shall relate to the overall development of the Property, and shall not in any way diminish the powers of self-government of the Association. The initial rules and regulations for Grand Haven are attached hereto and made a part of this Declaration as Exhibit F.
Section 10.9 – Legal Fees. Any and all legal fees, including but not limited to, attorneys’ fees and court costs which may be incurred by the Association in the enforcement of any of the provisions of this Declaration, regardless of whether such enforcement requires judicial action, shall be assessed (by either general or special assessment) against and collectible from the Lot Owner against whom such action was taken and shall be a lien against such Owner’s Lot in favor of the Association.
Section 10.10 – Action without Meeting. Any action required to be taken hereunder by vote or assent of the Members may be taken in the absence of a meeting by obtaining the written approval of the requisite number of Members. Any action so approved shall have the same effect as though taken at a meeting of the Members, and such approval shall be duly filed in the minute book of the Association.
Section 10.11 – Interpretation. The Board of Directors shall have the right to determine all questions arising in connection with this Declaration, and to construe and interpret its provisions and its determination, construction or interpretation, shall be final and binding. In all cases, the provisions of this Declaration shall be given that interpretation or construction that will best tend toward the consummation of the general plan of improvements. The provisions of this Declaration shall be liberally construe to effectuate their purpose of creating a uniform and consistent plan for the development and operation of the Property.
Section 10.12 – Authorized Action. All actions which the Association is allowed to take under this instrument shall be authorized actions of the Association if approved by the Board of Directors in the manner provided for in the Bylaws of the Association, unless the terms of this instrument provide otherwise.
Section 10.13 – Severability. In the event any of the provisions of this Declaration shall be deemed by a court of competent jurisdiction, said judicial determination shall in no way affect any of the other provisions hereof, which shall remain in full force and effect and any provisions of this Declaration deemed invalid by a court of competent jurisdiction by virtue of the term or scope thereof shall be deemed limited t the maximum term and scope permitted by law. Further, the invalidation of any of the covenants or restrictions or terms and conditions of this Declaration or reduction in the scope or term of the same by reason of judicial application of the legal rules against perpetuities or otherwise shall in no way affect any other provision which shall remain in full force and effect for such period of time and to such extent as may be permitted by law.
Section 10.14 – Attorneys’ Fees. Any provision in this Declaration for the collection or recovery of attorneys’ fees shall be deemed to include, but not limited to, attorneys’ fees for the attorneys’ services at all trial and appellate levels and, unless the context clearly indicates a contrary intention, whether or not suit is instituted.
Section 10.15 – Withdrawl. Anything herein to the contrary notwithstanding, Developer reserves the absolute right to amend this Declaration at any time, without prior notice and without the consent of any person or entity, for the purpose of removing certain portions of the Properties from the provisions of this Declaration.
Section 10.16 – Certain Agreements Incorporated by Reference. The following agreements are hereby incorporated herein by reference and shall be binding upon the Association and the Owners of Lots within Grand Haven:
(i) that certain Agreement to Donate Land dated March 5, 1996, and recorded in Official Records Book 3577, Page 1376, as subsequently amended by instrument recorded in Official Records Book 4059, Page 0051, Public Records of Brevard County, Florida.
(ii) that certain Binding Development Plan between Board of County Commissioners of Brevard County, Florida and the Developer, as recorded in Official Records Book 4061, Page 1764, Public Records of Brevard County, Florida, as amended by Binding Development Plan (Amended and Restated) recorded in Official Records Book 4224, Page 2052, Public Records of Brevard County, Florida.
(iii) that certain Notice of Covenants, Agreements and Other Provisions dated August 20, 1999, and recorded in Official Records book 4059, Page 0096, Public Records of Brevard County, Florida.
(iv) that certain Agreement and Grand of Drainage Easements and assignment of Rights, as recorded in Official Records Book 4059, Page 134, Public Records of Brevard County, Florida.
Section 10.17 – Impact Fees. The purchaser of Lots within Grand Haven shall be responsible for any and all fees, charges and/or assessments which are imposed or levied as a result of such purchaser’s construction of a residence upon such Lots, including, but not limited to, connection fees, impact fees and similar fees, charges and impositions applicable to such construction. At such time as impact fees are due and payable to the governmental until having jurisdiction, purchaser agrees to purchase any impact fee credits which A. Duda & Sons, Inc. may have available which may be applied to such improvements, if any. The purchaser shall pay for such impact fee credits and amount equal to the impact fees purchaser would otherwise be required to pay to Brevard County, Florida or other governmental body having jurisdiction in connection with such improvements.
Section 10.18 – I-95 Exchange. The Developer hereby discloses that it is contemplated and intended that the Pineda Extension will be widened to four lanes and extended to connect with I-95 to the west.
Section 10.19 – St. Andrews Boulevard Extension. The Developer hereby discloses that at some future date, St. Andrews Boulevard may be extended to connect with the Pineda Extension at a location yet to be determine.
Section 10.20 – Conflict. This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation and Bylaws of the Association, and the Articles shall take precedence over the Bylaws.
Section 10.21 – Gender and Number. The use of the masculine gender herein shall be deemed to include the feminine gender, and the use of the singular shall be deemed to include the plural, whenever the context so requires.
Section 10.22 – Effective Date. This Declaration shall become effective upon its recordation in the Public records of Brevard County, Florida.
Section 10.23 – Law to Govern. This Declaration shall be construed in accordance with the laws of the State of Florida, both substantive and remedial.
IN WITNESS WHEREOF, the Developer has executed this Master Declaration of Covenants, Conditions and Restrictions for Grand Haven as of the date first above written.
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