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DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS ;" ~ ,~/ } !, '~ :1 I O. K.3998 PAGE1702 73026958 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS INDENTURE, made on the date hereinafter set forth by CLEARWATER 235, INC., a Florida Corporation not ,for profit, hereinafter referred to as "Declarant". W I TN E SSE T H : WHEREAS, Declarant is the owner of certain property ln the County of Pinellas, State of Florida, which is more particularl described as: Commencing at the N. W. corner of Section 16, Township 29 S., Range 16 E., run thericealong the West line of said Section 16, Township 29 S., Range 16 E., S 00032'22" West 495.21 feet to theP.O.B.; run thence S 85027'56" E. 669.05 feet, run thence S 00032'22" W. 30ft. run thence South 89027'38" E. 60.00 feet run thence S.00032'22" W. 93 feet to a point of curuature run thence along a cord distance of 100 feet and a cord bearing S. 37027'34" West run thence S 00032'22" W. 123.00 feet run thence N. 89027'56" W. 669.05 feet to a point on the West line of said Section 16, Township 29 S., Range 16 E., run thence along said West line of said Section 16, Township 29 S., Range 16 E., North 00032'22" E. 326.00 feet to theP.O.B. ~ ..L. ~.r-~' ~ ::13 n- :>0< r- r- n ::.-- :;:;J.C1 v- r, "'''< <= ~ ~) ,-= ;:;t: ;~ ~'J-h - c::.' (:") 00 :It:ll>- ~ ... -.:J &....1 NOW THEREFORE, Declarant hereby declares that all of tl- properties described above shall be held, sold and conveyed subj_ to the following easements, and conditions, which are for the purpose of protecting the value and desirability of, and which s....- run with, the real property and be binding on all parties havin~ Thie instr right, title or interest in the described properties or any par- ment was pr'6pared b~ t:hereof, their heirs, successors and assigns, and shall inure t RICHARD L. STEWART Attorney .t Lew 314 So. MldOUtl Avenue Clearwater, FlorId. 33516 '\ c:5' ~~~ ~~ the benefit of each owner thereof. c), I. DS(~?, 0 RICHARD L. STEWART Attorney at Law 1904 Drew Street Clearwater, Florida 33515 :1 I ~. R~3998 PACE1703 ARTICLE I DEFINITIONS SECTION 1. "Association" shall mean and refer to CHESAPEAKE VILLAS OWNERS ASSOCIATION, INC., its successors and asslgns. SECTION 2. '''Owner'' shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. SECTION 3. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. SECTION 4. . "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the tim of the conveyance of the first lot is described as follows: None SECTION 5, "Lot" shall mean and refer to any plot of land containing at lease 1200 square feet and being a portion of the land shown upon any recorded subdivision map of the Propert'es with the exception of the Common Area. SECTION 6, "Declarant" shall mean and refer to Clearwate 235, Inc., a Florida Corporation not for profit, its successors an -2- III RICHARD L. STEWART Attorney 8t Law 314 So. Mluourl Avenue Cleerweter, Florida 33516 I I o. R.3998 PAGE1704 ass1gns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. ARTICLE I I PROPERTY RI GHTS SECTION 1. Owners' Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge reasonabl admission and other fees for the use of any recreational facility situated upon the Common Area; (b) the right of the Association to suspend the voti g rights and right to use the recreational facilities by an owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations; (c) the right of the association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effec- tive unless an instrument signed by two-thirds (2/3) of each class of members agreeing to such dedication or transfer has been recorded. SECTION 2. Delegation of Use. Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenant or contract purchasers who reside on the property. ARTICLE II I MEMBERSHIP AND VOTING RIGHTS SECTION 1. Every owner of a lot which 1S subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is sub j ectto asses sment. - 3 - I I n. R.3998PAGE1705 SECTION 2. The Assuciation shall have two classes of voting membership: Class A. Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member (s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. 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: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding ln the Class B membership, or (b) on March 1, 1974. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS SECTION 1. Creatiun of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot byaccep- tance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessme t is made. Each such assessment, together with interest, costs, and RICHARD L. STEWART Attorney at Law 314 $0. Missouri Avenue CI.arwater, Florida 33616 reasonable attorney's fees, shall also be the personal obligation - 4 - I I o. R.3998 PAtE1706 of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. SECTION 2. Purpose of Assessments. The assessments levie by the Association shall be used exclusively to promote the recrea""' tion, health, safety, and welfare of the residents in the Propertie and for the improvement and maintenance of the Common Area, and of the homes situated upon the Properties, SECTION 3. Maximum Annual Assessment. Until January 1, 0 the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment shall be Fifty Two and 00/100 Dollars ($52.00) per lot, (a) From and after January 1 of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment may be increased each year not more than 3% above the maximum assessment for the previous year without a vote of the membership. (b) From and after January 1 of the year immediately following the conveyance of the first lotto an Owner, the maximum annual assessment may be increased above 3% by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, ata meeting duly called for this purpose. (c) The Board of Directors may fix the annual assess mentsat an amount not in excess of the maximum. SECTION 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, inc1udin RICHARD L. STEWART Attorney at Law 314 $0. Minourl Avenue Clearweter. Florida 33616 fixtures and personal property related thereto, proVided that any -5 - I I 11. R.3998 fAofl707 such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by prox at a meeting duly called for this purpose. SECTION 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than 30 days nor more than 6 day~ in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty per cent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice require- ment, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days followi g the preceding meeting. SECTION 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis. SECTION 7. Date of Commencement of Annual Assessments Due Dates. The Annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the first lot to an owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, an for a reasonable charge, furnish a certificate signed by an office of the Association setting forth whether the assessments on a specified Lot have been paid. RICHARD L STEWART Attorney 8t Law 1904 Drew Street Clearwater, Florida 33516 -6- I I u. R.3998 PAtE1108 SECTION 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 6 percent per annum. The association may hring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his lot. SECTION 9. Subordination of the Lien to Mortgages. Th Lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transf r of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assess- ments thereafter becoming due or from the lien thereof. SECTION 10. Exempt Property. All properties dedicated to, and accepted by, a local public authority and all properties owned by a charitable or nonprofit, organization exempt from taxation by the laws of the State of Florida shall be exempt from the assessments created herein. However, no land or improve- ments devoted to dwelling use shall be exempt from said assessment . ARTICLE V EXTERIOR MAINTENANCE In addition to maintenance upon the Common Area, the Association shall provide exterior maintenance upon each Lot which is subject to assessment hereunder, as follows: paint, repair, replace and care for roofs, gutters, downspouts, exterior building surfaces, grass, walks, and other exterior improvements, including utility lines and pipelines located in the exterior area of the RICHARD L. STEWART Attorney at Law 1904 Drew Street Clearwater, Florida 33515 properties or within the easements reserved for that purpose. Such exterior maintenance shall not include glass surfaces. -7- I I o. R.J998 PAGEi709 In the event that the need for maintenance or repair is caused through the willful or negligent act of the Owner, his family, or guests, or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such lot is subJect. The Association shall not maintain patios, carports and additions to the dwellings. ARTICLE VI PARTY WALLS SECTION L General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not incon- sistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. SECTION 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be share by the Owners who make use of the wall in proportion to such use. SECTION 3. Destruction by fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use withoutprej udice, however, to the right of any such Owners to call for a larger con- tribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. SECTION 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. SECTION 5. Right to Contribution Runs With Land. The RICHAROL.STEWART right of any Owner to contribution from any other Owner under this Attorney at Law 314 So. Missouri AVenue Clearwater, Florida 33616 Article shall be appurtenant to the land and shall pass to such - 8 - , . . , I I O. R.3998 PAGE1710 Owner's Successors ln title. SECTION 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitra- tors shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators. ARTICLE VI I ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more represent- atives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifi- cations have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. ARTICLE VIII USE RESTRICTIONS AND EASEMENTS SECTION 1. A perpetual easement is reserved for utility installation and maintenance as indicated on the recorded plat of Chesapeake Villas and over and across the roof and exterior portions of the properties for installation, maintenance, repair and replacement of utilities and exterior improvements, including, but not limited to, roofing, spouting and sewer, water, gas, electric and telephone lines. SECTION 2. No noxious or offensive trade or activity RICHARD L. STEWART Attorney at Law 1904 Orew Street Clearwater, Florida 33615 shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. -9- SECTIONI3. kind shall be raised, D. R.3998 PAGE1711 No animals, livestock if poultry of any bred or kept on any lot, except that dogs~ cats and other household pets may be kept, provided they are not kept, bred or maintained for any commercial purposes. SECTION 4. No clothes drying lines, or garbage or refuse containers shall be kept or maintained in the front yard area of the lot. Television antennas shall be erected only in rear yard area, shall be ground supported, and shall be installed by professional television repair personnel or Homeowners Association maintenance personnel only. SECTION 5. No trailers, boats, abondoned automobiles, commercial vehicles over 1/2 ton capacity, mobile homes or campers shall be stored, maintained nor parked on the properties. Nor shall any temporary structure of any nature be used. ARTICLE IX GENERAL PROVISIONS SECTION 1. Enforcement, The Association, or any Owner, shall have the right to enforce, by any proceeding at law or 1n equity, all restrictions, conditions, convenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any convenant or restriction herein contained shall in no event by deemed a waiver of the right to do so thereafter. SECTION 2. Severability. Invalidation of anyone of these convenants or restrictions by judgment or court order shall 1n no wise affect any other provisions which shall remain in full force and effect. SECTION 3. Amendment. The convenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety (90%) of the Lot Owners, and thereafter by an instuument signed by not less then seventy-five percent (75%) of the Lot Owners. Any amendment must be recorded. SECTION 4. Annexation. Additional residential property and Common Area may be annexed by the Properties with the consent -10- I I 6. R.3998 fAGEt 712 of two-thirds (2/3) of each class of members. SECTION 5. 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 Veterans Administration; Annexation of additional properties, dedication of Common Area, and amendment of this Declaration of Covenants, Conditions and Restrictions. IN WITNESS WHEREOF, the undersigned, being the Declarent herein, has hereunto set its hand and seal this ~1~day of January, 1973 CLEARWATER 235, INC. Dec1arent ~,~~~ Presid~ By STATE OF FLORIDA ) ) SS COUNTY OF PINELLAS ) I HEREBY CERTIFY that on this 31st day of January, A. D. 1973, before me personally appeared Leonard Cal Couzens and Lee L. Barbee, President and Secretary respectively of CLEARWATER 235, INC., a corporation not for profit under the laws of the State of Florida, to me known to be the persons who signed the foregoing instrument as such officers and severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned and that they affixed thereto the official seal of said corporation and that the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater i:n,the County of Pinellas and State of Florida the day and year last afQr~said. My Commis sion~,~i?fPin~.sh Nota", P\,!)l'~. C".~: ,-,f ~ ,.::., 1 P74 C ITii-;<,ion EY,j:',:r2.) i';""'~. ~_"" .J MYd domb ,'-I-I'~ll'" ".,,,ne,.! In,;Ui",...:;e Cq... Bon e Y ,,~~ . .. ... ~ RICHARD L, STEWART Attorney at Law 1904 Drew Street Clearwater, FlorIda 33515 -11-