ARTICLE I - DEFINITIONS.
Section One:
ARTICLE II - PROPERTY SUBJECT TO THIS DECLARATION ADDITIONS
THERETO..
Section One: Existing Property.
ARTICLE III - ARCHITECTURAL, MAINTENANCE AND USE RESTRICTIONS
WITH RESPECT TO SINGLE-FAMILY LOTS.
Section One: Approval of Plans and Architecture.
Section Two: Setbacks.
Section Three: Land Use.
Section Four: Maintenance.
Section Five: Other Uses.
Section Six: Fences, Hedges and Landscaping.
Section Seven: Animals.
Section Eight: Signs.
Section Nine: Utilities.
Section Ten: Wells and Irrigation.
Section Eleven: Noxious Activities.
Section Twelve: Storage of Materials.
Section Thirteen: Swimming Pools.
Section Fourteen: Sprinkling systems.
Section Fifteen: Excavation.
ARTICLE IV..
Section One: Duration.
Section Two: Amendment.
Section Three: Enforcement.
Section Four: Attorneys’ Fees.
Section Five: Waiver.
Section Six: Invalidation.
Section Seven: Delegation and Assignability.
Section Eight: Headings and Binding Affect.
Section Nine: Unintentional Violation of
Restrictions.
THIS
DECLARATION, made this 20th day of August, 1981, by SHELTER
SOUTH, INC., a Florida corporation, hereinafter called “Developer” and BRUCE
MARGER, individually and as Trustee, hereinafter called “Owner”,
W I T N E S S E T H:
WHEREAS,
the undersigned Trustee is the owner of the real property described in Article
II of this Declaration and desires to create thereon an exclusive residential
community to be named LAKE PARK UNIT IV; and,
WHEREAS, Owner desires to insure the attractiveness of the
individual Lots within LAKE PARK UNIT IV to prevent any future
impairment thereof, to prevent nuisances, to preserve, protect and enhance the
values and amenities of the said property; and to this end, desires to subject
the real property described in Article II together with such additions as may
hereafter be made thereto (as provided in Article II) to the covenants,
conditions, restrictions, easements, charges and liens, hereinafter set forth,
each and all of which is and are for the benefit of said property and each owner
thereof.
NOW, THEREFORE, the Owner declares that the real property
described in Article II, and such additions thereto as may held, transferred,
sold, conveyed and occupied subject to the covenants, conditions, restrictions,
easements, charges and liens hereinafter set forth.
The following words when used in this Declaration or any
supplemental Declaration (unless the context shall prohibit) shall have the
following meanings:
1. “Lake Park Unit IV” shall mean
and refer to all existing properties, as are subject to this Declaration.
2. “Private Dwelling Unit” shall
mean and refer to all living units within Lake Park Unit IV.
3. “Owner” shall mean and refer to
the record owner, whether one or more persons or entities, of the fee simple
title to any Private Dwelling Unit situated within Lake Park Unit IV, but shall
not include mortgagee.
4. “Developer” shall mean and
refer to SHELTER SOUTH, INC., a Florida corporation, its successors and assigns.
5. “Lot” Shall mean and include
all parcels of land duly recorded and identified by the Plat, intended or
designed for the construction thereon of one Private Dwelling unit as herein
defined.
6. “Declaration” refers to this
document and all amendments and additions thereto.
The real
property which is, and shall be, held, transferred, sold, conveyed, and occupied
subject to this Declaration is located in the County of Pinellas, State of
Florida, and is more particularly described in the attached Exhibit “A”, an
unrecorded plat of LAKE PARK UNIT IV. Subdivision improvements have now been
commenced. The plat of Lake Park Unit IV shall be recorded as soon as it has
been accepted by Pinellas County, Florida.
The
following architectural, maintenance and use restrictions shall apply to each
and every Lot now or hereafter subjected to this Declaration:
For the
purpose of further insuring the development of said land as a residential area
of highest quality and standard, and in order that all improvements on each Lot
shall present an attractive and pleasing appearance from all sides of view, the
Owner reserves and gives to the Developer the exclusive power and discretion to
control and approve all of the buildings, structures and other improvements on
each Lot in the manner and to the extent set forth herein. No residence or
other building fence, wall, utility yard, driveway, swimming pool or other
structure or improvement, regardless of size or purpose, whether attached to or
detached from the main residence, shall be commenced, placed, erected or allowed
to remain on any Lot, nor shall any addition to or exterior change or alteration
thereto be made, unless and until building plans and specifications covering
same, showing the nature, kind, shape, heights, size, materials, floor plans,
exterior color schemes, location and orientation of the Lot and approximate
square footage, construction schedule, front, side and rear elevations and such
other information as the Developer shall require, including if so required,
plans for the grading and landscaping of the Lot showing any changes proposed to
be made in the elevation or surface contours of the land, have been submitted to
and approved in writing by the Developer. All architectural, remodeling and
landscape plans must be accompanied by site plans which show the siting of homes
on each side of the residency under consideration.
The
Developer shall have the absolute and exclusive right to refuse to approve any
such building plans and specifications and lot-grading and landscaping plans
which are not suitable or desirable in its opinion for any reason whatsoever,
including purely aesthetic reasons and reasons connected with future development
plans of the Developer of said land or contiguous land. In the event the
Developer rejects such plans and specification as submitted, the Developer shall
so inform the Owner in writing an along with reasonable detail of reason(s) for
disapproval and the Developer’s recommendations to remedy same if in the sole
opinion of the Developer a satisfactory remedy is possible. In passing upon
such building plans and specifications and lot-grading and landscaping plans,
the Developer may take into consideration the suitability and desirability of
proposed constructions and of the materials of which the same are proposed to be
built to the building Lot upon which it is proposed to erect the same, the
quality of the proposed workmanship and materials, the harmony of external
design with the surrounding neighborhood and existing structures therein, and
the effect and appearance of such constructions as viewed from the neighboring
properties. In addition, there shall be submitted to the Developer for approval
such samples of building materials proposed to be used as the Developer shall
specify and require.
As a
prerequisite to consideration for approval, and prior to beginning the
contemplated work, two (2) complete sets of plans and specifications must be
submitted to the Developer. Upon giving written approval, construction shall be
started and prosecuted to completion promptly and in strict conformity with such
plans and specifications. Developer shall be entitled to stop any construction
in violation of these restrictions and any such exterior addition to or change
or alteration made without application having first been made and approval
obtained as provided above, shall be deemed to be in violation of this covenant,
and may be required to be restored to the original condition at Owner’ cost. In
the event the Developer fails within forty-five (45) days to approve or
disapprove such plans and specifications, approval will not be required, and
this Section shall be deemed to have been fully complied with. The Developer
shall have the right to charge a reasonable fee for receiving such application
for approval of plans and specifications. For the period ending December 31,
1983, said fee shall not exceed FIFTY AND NO/100 DOLLARS ($50.00) for each
review of house plans and specifications, which fee shall be completely separate
from the purchase price, and for the period ending December 31, 1982, said fee
shall not exceed FIFTY AND NO/100 DOLLARS ($50.00) for each application for
repairs, remodeling, alteration or addition.
1. It shall be the responsibility
of the Developer from time to time to publish and distribute to architects
and/or builders and Lot Owners acceptable specifications, materials and
standards for house construction.
2. All garages must be used and
maintained as garages, and must be attached to or made an integral part of the
structure. Drives must be concrete.
3. Plans and specifications shall
be prepared by an architect or builder registered in the State of Florida. The
architect or builder submitting the plans must state in writing that he has
visited the site and is familiar with all existing site conditions.
4. All structures must be built to
comply substantially with the plans and specifications as approved by the
Developer and, before any house can be occupied it must be completely finished,
and a certificate of occupancy must be issued by the County. Outside walls must
be stucco, except for those portions having wood panel or trim, brick, tile or
other finish acceptable to the Developer.
Minimum
setback lines are not intended to engender uniformity of setbacks; they are
meant to avoid overcrowding and monotony. It is intended that setbacks may be
staggered where appropriate so as to preserve important trees, and assure vistas
of open areas. The Owner reserves to the Developer the right to select the
precise site and location of each house or other structure on each Lot and to
arrange the same in such manner and for such reasons as it shall deem
sufficient.
1. By or with the written consent
of the Developer, one or more Lots or parts thereof, may be resubdivided or combined to form on single building Lot,
provided, however, in such event, the resulting lots shall not be smaller in
total area than either of the original lots prior to such subdivision. If this
is done, the vote appurtenant to the divided Lot shall pass to the Owner of the
larger portion.
2. No structure of a temporary
nature or character shall be used as a residence.
3. No building or structure shall
be moved onto any Lot, it being the intent of this restriction that any and all
buildings or structures on any of the Lots shall be constructed thereon.
4. No building erected for use as
a garage upon a Lot or any part thereof, shall ever be used as a residence; nor
shall any trailer or vehicle used for housing of any kind be allowed to park or
remain within the boundaries of any of the Lots, whether for dwelling purposes
or not; however, temporary sheds, trailers or small buildings necessary to the
construction of permanent dwellings may be used for the purpose of such
construction and may remain on the land for a maximum of 180 days, or until the
time of completion of the dwelling, whichever is sooner, unless extended by the
Developer.
1. All Lots, together with the
exterior of all improvements, if any, located thereon, shall be maintained in a
neat and attractive condition by their respective Owners. Such maintenance
shall include, but not be limited to, painting, repairing, replacing and caring
for roofs, screens, windows, gutters, downspouts, building surfaces, trees,
shrubs, walks and other exterior improvements. Each Owner shall also be
responsible for maintaining that portion of a street used as his yard, which
lies between a Lot and the paved street in the same manner as if said Owner
owned it. In the event the Owner shall decline to maintain his Lot, and the
above mentioned strip, if any, and the improvements situated thereon in a manner
satisfactory to the Developer, the Developer shall have the right, through its
agents and employees, to enter upon said Lot and strip of land and the exterior
of the buildings and any other improvements erected thereon and perform such
maintenance. The cost of such exterior maintenance shall be added to and become
part of the charge to which such Lot is subject and the Owner shall be
personally liable to the Developer for the costs of such maintenance and the
costs, until paid, shall be a permanent charge and lien upon such Lot and shall
bear interest at the highest rate allowed by law. Entry to perform maintenance
shall be only between the hours of 7:00 A.M. and 6:00 P.M. on any day except
Sunday. Such entry as herein provided shall not be a trespass, nor shall the
Developer be liable for doing anything reasonably necessary or appropriate in
connection with carrying out these provisions.
2. The Owner of a Lot shall not
plant punk or pepper trees. No tree can be removed from a Lot once all
construction is completed unless it has died. Then, it must be replaced by the
Owner of the Lot at his expense, in an area with an exposure to public view
equivalent to that of the tree removed.
1. Clotheslines shall be limited
to rear yards or made not visible to adjoining property owners and the street.
Garbage containers shall be sunk or concealed by wall, fence, or shrubbery.
Yards, front, back and sides shall be sodded within
three (3) days of occupancy. No stone yards or other artificial material shall
be installed on or maintained on Lots in place of natural sod grass yards.
2. Subject to the Developer’s
approval, street mailboxes shall be of the type consistent with the character of
Lake Park Unit IV and shall be placed and maintained to complement the houses in
the neighborhood. At such time as door postal service is available, Owners
shall be required to have mailboxes attached to the main dwelling structure and
mailboxes shall be removed within ten (10) days of commencement of such door
postal service.
3. No
trucks, buses, boats, travel trailers, boat trailers, or any other type of
trailers or commercial vehicles shall be permitted to park overnight on a Lot,
or in streets abutting a Lot, unless in an enclosed garage. The use of any
motor vehicle, including motorcycles, motor scooters or trail bikes is prohibited on the grass areas of the common lands, nor may
any vehicle, including but not limited to, trailer or motor home be parked in
these areas.
4. No
house or other structure on any residential Lot will be used for commercial or
business purposes. No noxious, dangerous or offensive trade or activity shall
be conducted or permitted upon said property, or any part thereof, nor shall
anything be done thereon which may be or become an annoyance or nuisance to the
neighborhood. No trash, rubbish, stored materials, wrecked or inoperable
vehicles or similar unsightly items shall be allowed to remain on any Lot
outside an enclosed structure. However, the foregoing shall not be construed to
prohibit temporary deposits of trash, rubbish and other such debris for pickup
by garbage and trash removal service units. In the event that the Owner of any
developed Lots fails or refuses to keep such property free from any of the
foregoing unsightly items, weeds or underbrush, the Developer may, at its
option, ten (10) days after posting a notice thereon or mailing a notice to said
Owner at his property address requesting Owner to comply with requirements of
this paragraph, enter and remove all such unsightly items and growth at said
Owner’s expense, and Owner shall be personally liable to the Developer for the
costs of removal and the costs until paid shall be a permanent charge and lien
upon such Lot and shall bear interest at the highest rate allowed by law. By
acquiring property subject to these restrictions, each and every Owner agrees to
pay such costs promptly upon demand by the Developer, its agents, assigns or
representatives. No such entry as provided herein shall be deemed as a
trespass. The provisions of this section shall not apply to Lots upon which
houses are under construction.
5. No window air conditioning
units shall be installed without prior written approval of the Developer
1. All the landscape plans, fences
and hedges must receive prior written approval from the Developer before
implementation.
2. Boundary walls, excluding party
walls, may be erected and hedges grown but not higher than three (3) feet from
the street right-of-way to the building setback line. No fence of any type
shall be permitted between the street right-of-way and the building setback
line. Fences, boundary walls and hedges shall not exceed five (5) feet in
height from the building setback line to the back building line of the main
structure, and shall not exceed six (6) feet in height to the rear property
line, unless written approval is received from the Developer.
1. No
animals, poultry, reptiles or other livestock of any kind shall be bred, raised
or kept on or in said described property, but this covenant shall not be deemed
as prohibiting the keeping of not more than two (2) dogs and/or two (2) cats per
residence as domesticated pets. The owners of such pets shall exercise all
reasonable and diligent care with such pet or pets so as not to annoy other
residents in the surrounding neighborhood, and any such dog or cat shall be kept
and maintained by said Owner as all times in either an enclosed fence area or
restrained on a leash.
2. No
person owning or having possession, charge, custody or control of any dog shall
cause, permit or allow the dog to stray, run, be, go or in any other manner be
at large in or upon any public street, sidewalk, park, or on another’s Lot,
without the express or implied consent of the Owner of such Lot
No
advertising or commercial signs or displays of any kind whatsoever shall be
erected upon displayed or otherwise exposed to view on any Lot or improvement
thereon without the prior written consent of the Developer.
1. No
outside radio transmission tower or receiving antenna shall be erected by the
Owner without Developer’s approval, and no outdoor television antenna may be
erected or installed if Developer shall provide central television reception to
a Lot. If central television service is not available to a Lot, then the
customary outdoor television receiving antenna may be installed at a location
approved by Developer, provided such outdoor antenna shall thereafter be taken
down and removed by the Owner when and if a central television receiving service
shall later be provided by the Developer, at a reasonable monthly charge.
2. All
residential utility service lines (including, without limitation, electricity,
telephone, any and all types of radio and television lines, cables, etc.) to the
Lots shall be underground, provided, however, this restriction shall not be
construed to prohibit the installation or construction of one or more central
utility service relay towers in the event such is, in the Developer’s sole
discretion, deemed necessary.
1.
Except with prior written approval and permission of the Developer, no deep
water well shall be sunk or drilled on any Lot. However, Developer reserves the
right to locate wells, pumping stations and tanks within residential area or any
other area or on any Lot designated for such use, however, a house may have a
shallow well for irrigation purposes, if allowed under Pinellas county
regulations.
1. The
pursuit of hobbies or other inherently dangerous activities, including
specifically, without limiting the generality of the foregoing, the assembly and
disassembly of motor vehicles and other mechanical devices which might cause
disorderly, unsightly or unkept conditions; the
shooting of firearms, fireworks or pyrotechnic devices of any type or size; and
other such activities shall not be pursued or undertaken on any part of any Lot
or elsewhere in Lake Park Unit IV, without the consent of the Developer.
2. No
noxious or offensive trade or activity shall be carried on upon any Lot, nor
shall anything be done thereon which may be or become an annoyance to the
neighborhood.
3. No
unlicensed motor vehicles of any type shall be permitted to remain overnight on
a Lot or streets abutting a Lot, unless garaged.
1. Incinerators for garbage, trash or other refuse shall not be
used not permitted to be erected or placed on any Lot unless consent of the
Developer is obtained. Any and all equipment, coolers, woodpiles,
garbage cans, refuse or storage piles placed on a Lot (whether temporary or
permanent) shall be concealed from the view of the neighboring Lots, roads,
streets, any waterfront, or open areas. Plans for all screens, walls and
enclosures must be approved by the Developer prior to construction.
2. No
lumber, brick, stone, cinder block, concrete or other building materials,
scaffolding, mechanical devices or any other thing used for building purposes
shall be stored on any Lot except for the purpose of construction on such Lot
and shall not be stored on such Lot for longer than the length of time
reasonably necessary for the construction to completion of the improvement in
which same is to be used.
3. No
exposed above-ground tanks will be permitted for the storage of fuel or water or
any other substance, except for water tanks that may be constructed by the
Developer for the storage of potable and irrigation water for the community and
fuel tanks for Developer’s use during building operations, unless the consent of
the Developer is first obtained.
1.
Swimming pools shall not be nearer than ten (10) feet to any Lot line and must
be located to the rear of the main building unless a different location is
authorized in writing by the Developer
2. No
swimming pool may be constructed which is not fully enclosed by an adequate
screened enclosure or at least a four (4) foot high locked fence. No above
ground pools will be permitted.
1. All
Lots may have one hundred per cent (100%) under-ground sprinkling coverage in
operable condition.
2.
Shallow well water may be used for lawn sprinkling if allowable under Pinellas
County regulations.
No Owner
shall excavate or extract earth from any of the Lots subject to this Declaration
for any business or other commercial purpose. No elevation changes shall be
permitted which materially affect surface grade or surrounding Lots.
The
foregoing restrictions shall be construed to be covenants running with the land
and shall be binding and effective until December 31, 1999, at which time they
shall be automatically extended for successive periods of ten (10) years each
unless approved by no less than two-thirds (2/3) of the total votes of all
Owners cast in person or by proxy to change, amend or revoke the restrictions in
whole or in part. Every purchaser or subsequent grantee of any interest in any
property now or hereafter made subject to this Declaration, by acceptance of a
deed or other conveyance therefore, thereby agrees that the covenants and
restrictions of this Declaration may be extended as provided in this Article.
The
covenants and restrictions of this Declaration as they pertain to the Lots and
other properties within Lake Park Unit IV may be amended at any time and from
time to time during the period of any extension or renewal thereof, by an
agreement signed (a) by the undersigned Trustee, if he is the owner of any Lots
then subject thereto; and (b) to the extent permitted by law, by at least
two-thirds (2/3) of the Owners whose Lots are then subject thereto. Any such
amendment shall not become effective until the instrument evidencing such change
has been filed of record. Every purchaser or subsequent grantee of any interest
in any property made subject to this Declaration by acceptance of a deed or
other conveyance therefore, thereby agrees that the covenants and restrictions
of this Declaration may be amended as provided herein. Provided, however, that
an amendment may be made by the undersigned Trustee to correct any typographical
errors, or to clear up the intention of any of the works, phrases or sentences
used herein.
If any
person, firm or corporation shall violate or attempt to violate any of these
restrictions, it shall be lawful for any other person, firm or corporation
owning any property within Lake Park Unit IV to bring an action against the
violating party at law or in equity for any claim which these restrictions may
create in such other Owner or interested party either to prevent said person,
firm or corporation from so doing such acts or to recover damages for such
violation. The provisions of this Section are in addition to and separate from
the rights of the Developer to enforce the provisions as contained in this
Declaration or to collect charges as provided hereunder.
The
prevailing party in any action by any Owner to enforce the provisions of this
Declaration, or an action by the Developer to enforce the provisions of this
Agreement, shall recover reasonable attorneys’ fees and court costs from the
losing party.
Any
failure by Developer, or any Owner to enforce any of
the terms and conditions of this Declaration shall in no event be deemed a
waiver of the right to do so thereafter.
Invalidation of any one or more of
these restrictions by judgment or court order shall neither affect any of the
other provisions not expressly held to be void nor the provisions so voided in
circumstances or application other than those expressly invalidated, and all
such remaining provisions shall remain in full force and effect together with
the provisions ruled upon as they apply to circumstances other than those
expressly invalidated.
The
undersigned Trustee shall at all times and from time to time have the right to
delegate any and all functions herein reserved to Developer. Further
notwithstanding any other provisions contained therein to the contrary, the
undersigned Trustee shall have the right at all times and from time to time to
fully transfer, convey and assign all or any part of its right, title and
interest (whether real or personal) in and to services or facilities, provided,
however, that any such transferee, grantee or assignee shall take such rights
subject to all obligations of Developer as herein contained in respect thereto
and such transferee, grantee or assignee shall be deemed to have assumed the
same. In the event of any such sale, transfer or conveyance, said Developer
shall not be relieved of liability resulting from its failure to perform or
negligent performance of its obligation under these
Covenants prior to such sale, transfer or conveyance. Developer shall not,
however, be liable to nay person for any injury or loss resulting from failure
of performance or negligent performance of Developer’s obligations under these
Covenants arising after such sale, transfer or conveyance.
Headings
are inserted only for convenience and are in no way to be construed as defining,
limiting, extending or otherwise modifying the particular paragraphs to which
they refer. The covenants, agreements and rights set forth herein shall be
binding upon and inure to the benefit of the respective heirs, executors, and
successors and assigns by, through or under Developer, or the undersigned
Trustee.
In the
event of unintentional violations of any of the foregoing restrictions with
respect to any Lot, the Developer or its successors reserves the right (by and
with the mutual written consent of the Owner or Owners for the time being of
such Lot) to change, amend, or release any of the foregoing restrictions as the
same may apply to that particular Lot.
IN WITNESS
WHEREOF, The Owner and Developer have hereunto set their hands and seals the 18th day of August, 1981.
NOTE:
Multiple pages of signatures, witnesses and Legal Description follow.
