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453-Silver Lakes Industrial Par OFFIC!,t.,I RECORDS r'""~ ~ ='nO:" '~' PAGE .,07 0093 SEHiNOLE CO. FL ROBOT T; ROS~, ~Q. 1051 W~derley P~ce, Fou~ ~oor ~t~d, ~ofl~ 32751 DECL~ON OF COV~S ~ ~CTIONS S~V~ L~ ~US~ P~ THIS DECLARATION ("Declaration") is made this 16th day of February, 1992, SANFORD INDUSTRIAL PARK, INC., a Florida corporation, whose address is Barnett Bank Plaza, Suite 1101, One East Broward Boulevard, Ft. Lauderdale, Florida 33301 (then "Declarant"), which declares hereby that the "Property" described in Article II of this''~ Declaration is and shall be. held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth. RECITALS Declarant desires to provide for the preservation of the values, aesthetics and amenities in SILVER LAKES INDUSTRIAL PARK, a fee simple industrial park, and to that end desires to subject the real property described in Article H hereof to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of the Property and each Owner thereof. Declarant has deemed it desirable, for the. efficient preservation of the values, aesthetics and ameuities in said industrial park, to create an entity to which the powers of administering and enforcing these covenants and restrictions should be delegated. Declarant will cause to be incorporated under the laws of the State of Florida, as a non- profit corporation, SILVER LAKES INDUSTRIAL PARK PROPERTY OWNER'S ASSOCIATION, INC., for the purposes of exercising the functions aforesaid. Declarant declares that the real property described in Article II is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restfictions, easements, charge~ and liens (sometimes referred to as "Covenants and Restrictions") hereinafter set forth, and which shall run with the real property and shall be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. ARTICLE I c~ ~-" ~'::' DEFINITIONS ~, The following words when used in this Declaration (unless the context shall prohibit) shall have the following meanings: (a) "Association" shall mean and refer to SILVER LAKES INDUSTRIAL PAI~ ~9 .:~ PROPERTY OWNER'S ASSOCIATION, INC., a non-profit corporation, organized under the laws of the State of Florida, its successors and assigns. (b) "Common Area" or "Common Areas" shall mean and refer to all property owned or to be owned by the Association, including hut not limited to entrance features, project signage and landscaping installed by Declarant, perimeter walls installed by Declarant, common landscaping, private roads, streets, courts and roadways, common access driveways, pavement, common parking areas, master signage lighting, related electrical power, the Surface Water Management System, tracts designated on the Plat as "Conservation Area" conservation easements otherwise established or common areas, related common facilities and related expenses thereto. (c) "Declarant" shall mean and refer to SANFORD INDUSTRIAL PARK, INC., Florida corporation, and its assigns, except that such assigns shall not succeed to Declaxant's Class B voting rights unless such voting rights are specifically assigned by Declarant. (d) "Lot' or "Lots" shall mean and refer to any plot of land shown upon any recorded subdivision plat of the Property which is used or proposed to be used as a building site, except Tract 2r and Tract I as shown on the Plat. (e) "Member" or "Members" shall mean and refer to all those Owners who are Members of the Associa~on as provided in Article IV, Section 1, hereof. (f) "Owner" or "Owners" shall mean and refer to the record Owner, whether one or more persons or partnerships, corporations or other entities, of the fee simple title to any Lot, hut shall not m~an or refer to any mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. (g) "Plat" shall mean and refer to any plat of the Property recorded or to be recorded in the Public Records of Seminole County, Florida. (h) "Property" shall mean and refer to all the property as is subject to this Declaration under the provisions of Article II hereof. (i) "Surface Water Management System" shall mean and be defined as all land, easements and other facilities and appurtenances which together constitute and comprise the master surface water management and drainage system of Silver Lakes Industrial Park as refiected on the plans therefor on file with and approved by the City of Sanford, Florida and the St. Iohns River Water Management District (hereinafter the "STRWMD") which are or will be conveyed by the Deciarant to the Association as Common Area or otherwise dedicated to t.~ Association as Common Area pursuant to the Plat. ~ -- ARTICLE II PROPERTY SITBJECT TO TItIS DECLARATION -n cD ..-~ Section 1. Legal Description. The real property which is, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration is located in Seminole County, Florida, and is all the land more particularly described in the Legal Description attached hereto as Exhibit 'A" and expressly incorporated herein by this reference. ARTICLE HI PROPERTY RIGHTS Section 1. Owners Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Property which shall be appurtenant to and shall pass with the rifle to every Lot subject to the following provisions: (a) the right of the Association to regulate parking rights within the Property through parking restrictions. (b) the right of the Association to grant easements, which can only be exercised after approval by a minimum of a majority of the Owners who are Members. Section 2. Delegation of Use. Any Owner may delegate, subject to these covenants and restrictions and the Articles and By-Laws of the Association, its right of use of the Property and facilities to its tenants, lessees, licensees or contract purchasers who use the Lot. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membership. Every person or entity who is an Owner of a fee or undivided fee interest in any Lot shall be a Member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of any obligation shall not be a Member. The requirement of membership shall apply to any mortgagee or third person acquiring rifle, by foreclosure or othenvise, pursuant to the mortgage instrument, or those holding by, through or under such mortgagee or third person. Section 2. Voting Rights. The Association shall have two classes of voting memberships: Class A. Class A Members shall be all those Owners of Lots, except DeeInfant. Except as provided below, Class A Members shall be entitled to vote based upon one (1) vote for each Lot owned. When more than one person holds such interest or interests in any Lot, all su/~ persons shall be Members, and the vote for such Lot shall be exercised as they amo!~ themselves determine, but, subject only as provided in the following sentence, in event shall more than one (1) vote be cast with respect to any Lot owned. Class B. The Class B Member shall be the Declarant and shall be entitled to (10) votes for each Lot owned. SeCtiOn 3. General Matters. When reference is made herein or in the Articles, By-Laws, Rules and Regulations, management contracts or otherwise, to a majority or specific percentage of Members, such reference shall be deemed to be reference to a majority or specific percentage of the votes of Members and not of the Members themselves. ARTICLE V COVENANT FOR MAINTENANCE AND ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. Except as provided elsewhere here.m, the Declarant (and each party joining in this Declaration), for all Lots within the Property, hereby covenants and agrees, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association annual assessments or charges for the maintenance, management, operation and insurance of the Common Areas and the Surface Water Management System, including reasonable reserves as the Association may deem necessary, capital improvements assessments, as provided elsewhere here.m, assessments for maintenance as provided elsewhere herein, and all other charges and assessments bereinafter referred to, all such assessments to be fixed, established and collected from time to time as here'm provided. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, hereby covenants and agrees to pay to the Association any annual assessments or charges for Assoe.xation expenses, together with such special assessments fuced by the Association, from time to time. Such assessments shall be fixed, established, and collected as here'mafter provided. The annual and special assessments, together with such interest thereon 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 assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof, as here'mafter provided, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment became due. Section 2. Purpose of Assessments. The assessments levied hereunder, in the Articles of Incorporation, By-Laws or as determined by the Association shall be used as set forth here.m, including, but not limited to: (a) payment of operating expenses of said Association; Co) maintenance of all Common Areas of the Property; (e) ownership, control, administration, management, operation, regulation, care for, maintenance, repair, replacement, restoration and preservation of the Surface Wat~ Management System. Maintenance of the Surface Water Management System shall be conformance with the requirements of the SJRWMD and the SIRWMD shall have the right enforce by a proceeding at law or in equity, the provisions contained in this Declaration whichi~- relate to the maintenance, operation and repair of the Surface Water Management Systen~ provided, however, repair and maintenance of the Surface Water Management System shall be undertaken without required permits from applicable governmental agencies and shall pefformed in a manner so as not to affect the jurisdiction of such agencies; and (d) doing any other thing necessary or desirable, in the judgment of the said Association, to carry out the intent of this Declaration, to keep the Property neat and attractive or to preserve or enhance the value and aesthetics of the Lots therein, or to eliminate fire, health or safety hazards, or, purposes which in the judgment of said Association, may be of general benefit to the Owners or occupants of Lots included in the Property. .Section 3. Specific Damage. Owners (on their behalf and on behalf of their tenants, lessees, licensees and guests) causing damage to any potion of the Common Areas as a result of construction activities, misuse, negligence, failure to maintain or otherwise shall be directiy liable to the Association and a special assessment may be levied therefor against such Owner or Owners. Such special assessments shall be subject to all of the provisions hereof relating to other assessments, including, but not limited to, the lien and foreclosure procedures. Section 4. Date of Commencement of Annual Assessments: Due Dates. The annual Assessments provided for in this Article shall commence on the first day of the month next following the conveyance by Declarant of the first Lot to a third party and shall be applicable through December 31 of such year. Each subsequent annual Assessment shall be imposed for the year beginning January 1 and ending December 31. The annual Assessments shall be payable in advance in monthly, quarterly, semi-annual or annual installments as determined by the Board of Directors of the Association. The Assessment amount (and applicable installments) 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 for any year shall be levied for the calendar year (to be reconsidered and amended, if necessary, from time to time) but the amount of any revised Assessment to be levied during any period shorter than a full calendar year shall be in proportion to the number of months (or other appropriate installments) remaining on such calendar year. The due date of any special assessment shall be fixed in the Board resolution authorizing such Assessment. Section 5. Determination of Amount of Assessments. The Board of Directors of the Association shall establish an annual budget of the anticipated costs and expenses of the Association and shall determine assessments based upon such budget. Written notice of the assessment shall be sent to every Owner subject thereto thirty (30) days prior to payment of the first installment thereof. In the event no such notice of a change in the assessments for a new assessment period is given, the amount payable shall continue to be the same as the amount payable for the previous period, until changed in the manner provided for herein. Subject to other pwvisions hereof, the Association shall upon demand at any time ;"'~ furnish to any Owner liable for an assessment a certificate in writing signed by an officer of Association, setting forth whether such assessment has been paid as to any particular Lot. SL~ certificate shall be conclusive evidence of payment of any assessment to the Association ther~itt stated to have been paid. rn The Association, through the action of its Board of Directors, shall have t~ c_D power, but not the obligation, to enter into an agreement or agreements from time to time w['th ~-D .~:c~ one or more persons, firms or corporations Cmcluding affiliates of the Declarant) for management services. The Association shall have all other powers provided in its Articles of Incorporation and By-Laws. Section 6. Effect of Non-Payment of Assessment: the Personal Obligation: the Lien: Remedies of the Association. If the assessments (or installments) are not paid on the date(s) when due (being the date[s] specified herein), then such Assessments (or installments) 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 Lot which shall hind such property in the hands of the then Owner, its 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 assessment or installment of an assessment is not paid within fifteen (15) 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 late charge may be imposed on any one 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 late charge each as aforesaid) and all such sums shall bear interest from the dates when due until paid at the then highest lawful rate 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 (as evidence of its lien rights as hereinabove provided for) against the Lot 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 may pursue one or more of such remedies at the same time or successively, and attorneys', pardlegal and legal assistant fees and costs of preparing and ~ing the claim of lien and the complaint, if any, in such action shall be added to the amount of such assessments, late charges and interest, and in the event a judgment is obtained, such judgment shall include all such sums as above provided and reasonable attorneys', paralegal and legal assistant fee to be fixed by the court together with the costs of the action, and the Association shall be enti~ed to attorneys', paralegal and legal assistant fees in connection with any appeal of any such action. In addition to the fights of collection of assessments stated in this Section, any and all persons ac. quifing ti~e to or an interest in a Lot or parcel of property as to which the assessment is delinquent, including without limitation persons acquiring title by operation of law and by judicial sales, subject to Article V, Section 9 herein, shall not be enti~ed to the occupancy of such Lot or parcel of propony until such time as all unpaid and delinquent assessments due and owing from the selling Owner have been fully paid and no sale or other disposition of Lots or parcel of property shall be permitted until an estoppel letter is received from the Association acknowledging payment in full of all assessments and other sums due. It shall be the legal duty and responsibility of the Association to enforce payment of assessments hemunder. Failure of the Association to send or deliver bills shall not, howeve~ relieve Owners from their obligations hereunder. All assessments, late charges, interes~ penalties, frees, attorney's fees and other sums provided for herein shall acerue to the benelli of the Association. Section 7. Access at Reasonable Hours. For the purpose solely of performing the L~ and exterior maintenance authorized by this Article V, the Association, through its duiy authorized agents or employees or independent contractors, shall have the right, after reasonable notice to the Owner, to enter upon any Lot at reasonable hours on any day to accomplish such work. Section 8. Collection of Assessments. The Association shall cellect the assessments of the Association. Section 9. Subordination of the Lien to Mortgages. Any lien rights provided her(m, including without limitation, the lien of the Association for assessments provided for her(m, shall be subordinate to the lien of any first mortgage upon a Lot or other parcel of property within the Property. Sale or transfer of any Lot shall not affect the assessment lien, provided, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereef shall extinguish the lien for such assessments as to payments which became due prior to such sale or transfer. No such sale or transfer pursuant to or in lieu of foreclosure proceedings shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 10. Trust Funds. The pertion of all regular Assessments cellected by the Association for reserves (if any) for future expenses, and the entire amount of all special assessments, shall be held by the Association for the Owners of all Lots, as their interests may appear, and may be invested in interest bearing accounts or in certificates of deposit or other like instruments or accounts available at banks or savings and loan institutions the deposits of which are insured by an agency of the United States. Section 11. Initial and Other Assessments. An initial assessment in the amount of Two Hundred Fifty and no/100 Dollars ($250.00) shall be payable to the Association by each Owner (other than Declarant) at such time as an Owner purchases a Lot or upon the transfer by Owner of a Lot Owned. Such assessment may be used for any of the purposes set forth in this Article V or for the administrative and associated costs incurred by the Association associated with such transfer. Any annual assessment and any special assessment shall be established by the Association. Any annual or special assessments shall be paid direc~y to the Association. Section 12. Certificate of Payment. The Association shall, upon demand at any time, furnish to any Owner liable for said assessment, a certificate in writing signed by any officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 13. Effect of Non-Payment of Assessment. If any assessment is not paid on the date when due, then such assessment shall become delinquent and shall, together with such interest thereon and costs of collection thereof as hereinafter provided, thereupon becom~a continuing lien on the Lot of the Owner failing to pay the assessment, the Owner's he'M, devisees, personal representatives and assigns, subject to Article V, Section 9 hereof. personal obligation of the then Owner to pay such assessment, however, shall remain ~iis personal obligation for the statutory period. If the assessment is not paid within fifteen (15) days after the delinquency date, b the assessment shall bear interest from the date of delinquency at the highest rate allowable y law per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or to foreclose the lien against the affected Lot, and there shall be added to the mount of such assessment interest together with the costs of the action and reasonable attorneys', paralegal and legal assistant fees (which shall include those incurred in settlement, in any declaratory action, at trial or on appeal). Section 14. Uniform Rate of Assessment. Annual assessments shall be set by the Board of Directors. Such assessments must be fixed at a uniform rate for all Lots based upon the acreage of each Owner' s Lot or Lots divided by the acreage of all Lots within the Property and may be collected on a monthly, quarterly, semi-annuai or annual basis as determined by said Board of Directors of the Association. Section 15. Effect on Declarant. Notwithstanding any provision that may be contained to the conlrary in this instrument, for as long as Declarant is the Owner of any Lot, the Declarant shall not be liable for assessments against such Lot, provided the Declarant funds any deficit in operating expenses (exclusive of reserves and management fees) of the Association. Declarant may at any time, and from to time to time, commence paying such assessments as to Lots that it or they own, and thereby automatically terminate its obligation to fund deficits in the operating expenses of the Association, or at any time and from time to time elect again to fund deficits as aforesaid. When all Lots within the Property are sold and conveyed to purchasers, Declarant shall not have any further liability of any kind to the Association for the payment of future assessments or deficits. ARTICLE VI ARCHITECTURAL REVIEW BOARD Declarant shall, upon the recording of this Declaration, immediately form a committee known as the "Architecturai Review Board", hereinafter referred to as "ARB". The ARB shall function as follows: Section 1. Architectural Control. No building, landscaping, fence, sign, wall or other structure or improvement shall be commenced, erected or maintained upon the Property, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing: (a) the nature, kind, shape, height, exterior wall, window and roof materials, and location of such improvements; (b) landscape plan; (c) sign and signage design; (d) a site plan, which shall include the location and preservation plan for existing trees located on any Lot, shall have been submitted to and approved in writing as to harmony of external r.o design and location in relation to the surrounding structures and topography by the ,~-n composed as set forth below. In the event said ARB falls to approve or disapprove such den ..~r-.:E and location within thirty (30) days after said plans and specifications have been submittex~to~ it, approval shall not be required, and this Article will be deemed to have been fully compelr- with. The ARB, in its reasonable discretion, may grant any variation or modification of matters cD~ governed by the ARB which shall be binding to all Owners. -~ -- :> ;o Section 2. Composition. The original composition of the ARB shall consist of three (3) -- persons designated by the Declarant. The ARB shall maintain this composition until the sale of the last Lot within the Property by Declarant, unless the Declarant shall elect at an earlier time to assign the right to select the ARB to the Association. Upon the happening of either event, the ARB shall be appointed by the Board of Directors of the Association and shall serve at the pleasure of said Board. A quorum of the ARB shall be two (2) members of the ARB. Section 3. Duties. The ARB shall have the following duties and powers: (a) to promulgate from time to time construction and architectural planning and development criteria for the Property, which shall include building standards for roof materials, roof pitches, exterior materials, colors and similar building components and coverings, and landscaping. However, any such planning and development criteria may be set forth in writing and made known to all Owners and to all planning criteria promulgated by the ARB shall be subject to final approval by the Association. Said construction and architectural planning criteria shall include any and all matters considered appropriate by the ARB not inconsistent with the provisions of this Declaration; Co ) to approve all buildings, fences, walls, landscaping or other structures and improvements, which shall be commenced, erected or maintained upon the Property and to approve any exterior additions to or changes or alterations therein. For any of the above, the ARB shall be furnished plans and specifications showing the nature, shape, height, materials, and location of the same and shall approve in writing as to the harmony of the external design and location in relation to surrounding structures and topography; (e) to approve any such building plans and specifications and Lot grading and landscaping plans, and the conclusion and opinion of the ARB shall be binding, if in its opinion, for any reason, including purely aesthetic reasons, the ARB should determine that said improvement, alteration, et cetera, is not consistent with the planned development of the Property or contiguous lands thereto; and (d) to require to be submitted to it for approval any samples of building material proposed or any other data or information necessary to reach its decision. SeCtion 4. Liability_. Neither the Declarant, the Association nor the ARB, or their assignees or successors as hereinafter provided, shall be liable for any damage, loss or prejudice suffered or claimed by any Owner or by any such Owner's architect, engineer or contractor, who submits such plan for approval, on account of: (a) Any defects in any plans or specifications submitted, revised or approved in accordance with the foregoing provisions, nor for any structural or other defects in any work done according to such plans and specifications; or (b) The approval or disapproval of any plans, drawings and specifications, whether or not defective; or c,~ ~' (c) The eonstxuetion or performance of any work, whether or not pursuan~o approved plans, drawings and specifications, or :- (d) The development of any Lot within the Property. cD ARTICLE VII EXTERIOR MAINTENANCE Section 1. Exterior Maintenance. In addition to maintenance of the Common Areas referenced in Article V, Section 2(b), the Association shall have the right to provide exterior building and landscaping maintenance, maintenance to any sidewalk area, soptie tank and drain field areas, and upon any vacant Lot or upon any improved Lot, subject, however, to the following provisions. Prior to performing any maintenance on a Lot, the Association shall determine in its sole discretion that said Lot or property is in need of repair or maintenance and is detracting from the overall appearance of the Propony. Prior to commencement of any maintenance work on a Lot, the Association shall furnish fifteen (15) days prior written notice to the Owner at the last address listed in the Association's record for said Owner, notifying the Owner that unless certain specified repairs or maintenance are made, within said fifteen (15) day period, the Association shall make said necessary repairs and charge same to the Owner. Upon failure of the Owner to act within said period of time, the Association shall have the right to enter in or upon any such Lot or to hire personnel to do so to make such necessary repairs or maintenance as is so specified in the above written notice. In this connection, the Association shall have the right to paint, repair, replace and care for roofs, gutters, downspouts, sprinkler systems, exterior building surfaces, trees, shrubs, grass, walks, swales and other drainage structures and other exterior improvements. Section 2. Assessment of Cost. The cost of such exterior maintenance shall be assessed against the Lot upon which such maintenance is done and shall be a special assessment or charge to which such Lot is subject under Article V heroof, and, as part of such assessment or charge, it shall be a lien and obligation of the Owner and shall become due and payable within ~fmen (15) days of a demand for payment by the Association. It is further provided that the Association, when establishing the annual assessment against each Lot for any assessment year as required under Article V heroof, may add to the assessment for each Lot the estimated cost of exterior maintenance for that Lot (and its building, if any) for that year but shall, thereafter, make such adjustment with the Owner as is necessary to reflect the actual cost of the maintenance performed. ARTICLE VIH RESTRICTIVE COVENANTS Section 1. Restrictions. The Property shall be subject to the following restrictions~i reservations and conditions, which shall be binding upon the Declarant and upon each and ever~ Owner who shall acquire hereafter a Lot or any portion of the Property and shall be bindin~ upon their respective heirs, personal representatives, successors and assigns, invitees, tenantsp lessees, and licensees as follows: (a) Building Materials. Only furnished materials, colors and tones, or other material approved by the ARB shall be used for all exterior surfaces of any building, which shall be on all sides of such structures. Co ) Building Ouantity. No more than one building or structure shall be located on each Lot of the Property. Two (2) or more Lots may be combined with a single building or structure, subject to applicable governmental approvals. Without the express written approval of the Declarant, no building shall exceed the maximum number of gross square feet allotted to the Lot the building is to be constructed on as approved by the ARB. (c) Fence~. No fences, including chain link fences, shall be permitted on any Lot or potion thereof, unless installed by the Declarant or approved by the ARB. (d) Destruction of Building upon the Property. No building or improvement which has been partially or totally destroyed by fire or other casualty shall be allowed to remain in such state for more than four (4) months from the time of such destruction. If reconstruction or repair of any such building or improvement is not so commenced within four (4) months, the Owner shall raze or remove same promptly from such Owner's Lot. (e) Garbage and Trash Disposal. No garbage, refuse, trash or rubbish shall be deposited except as permitted by the Association. All requirements made from time to time by applicable governmental authorities for disposal or collection of waste shall be complied with. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. (f) Hei2ht. No improvement on any Lot shall be more than fifty feet (50') high. (g) Land Use. No Lot shall be used except for purposes of construction of industrial, warehouse or related facilities, all in accordance with applicable rules, laws and regulations. No building shall be erected upon any Lot without prior approval thereof by the ARB, as hereinabeve set forth. (h) Offensive Activity. No noxious, offensive or unlawful activity shall be carried on upon the Property, nor shall anything be done thereon which may be or may become an annoyance or nuisance to other Owners, including, but not limited to, vibration, sound, electromagnetic disturbances, electromechanical disturbances, radiation, air or water pollution, dust, emission of toxic and odorous non-toxic substances or storage of hazardous materials (as 11 defined by applicable local, state or federal law). No use of any of the Lots shall be permitted which use involves the emission of excessive noise or odors, vibration, or smoke or which includes oil drilling, oil development operations, refining or mining operations of any kind. ~ c3 c~ "n determination by the Association that an activity on any Lot is violalive of this Section shakL~ --.d conclusive. No storage or display of material or products outside any building or other strucli~e on any Lot shall be permitted, unless said storage or display of material or products is screeid from view by the public or otherwise authorized by the ARB. Such screening shall betas c3 approved by the ARB. -n ' (i) Parldn~. Paved offstreet parking on each Lot as required by rules of any r applicable governmental authority shall be provided by each Owner to accommodate all parking needs, including parking for executives, employees, visitors, business invitees and business vehicles. The intent of this provision is to eliminate the need for any onstreet parking. If parking requirements increase as a result of a change or expansion in use or number of employees, the Declarant or the Association may require that the Owner provide additional offstreet parking if any potion of Owner's Lot can be utilized for additional parking without interfering with business operations. Any area designated as parking shall be paved, curbed, drained and maintained by the Owner. (j) Pets. Livestock and Poultry. No animals, livestock, household pets, or poultry of any kind shall be raised or bred for any commercial purpose. (k) Property Use. The Property and/or improvements as otherwise provided in this Declaration, may be used for any use permitted under the applicable zoning regulations of the City of Sanford, Florida, as the same now exist or as the same may be hereafter amended, provided, however, that the following uses shall not be permitted: a. Residential uses, except where incident to industrial uses, such as night watehmen's quarters; b. Auto wrecking, salvage yards, used material yards or junk yards; c. Acid manufacture; d. Manufacture of storage of explosives; e. Packing plants, canning plants (except for beverages and also except for foods and other items where no odors or smoke are emitted), slaughter houses or rendering plants; f. Petroleum storage, refining or transfer, except for underground storage of fuel and above ground storage of gas for owner's use and not for resale; g. Stockyards; h. Pulp or paper mills; i. Parking of automobile house trailers, travel trailers or motor homes and use of such trailers as living quarters, provided, however, that temporary use of constructionl'o trailers by contractors during building operations is permitted; and j. Retail uses, except the sale and serving of food required fof~tlae convenience of employees located at the Site of an Owner unless such retail use has been [~st approved in writing by the Declarant, provided that bulk sales to non-profit organizations shall be permitted. (1) Satellite Dishes. No satellite dishes shall be permitted on any Lot or'Lot improvement. (m) Setbacks. No buildings or structures or any part thereef, shall be placed closer than twenty-five (25) feet to any internal street right-of-way nor closer than fifteen (15) feet to any interior Lot line nor closer than twenty (20) feet to any rear Lot line; parking areas used by passenger vehicles only shall have a minimum setback of twenty-five (25) feet from all internal streets. Buildings, structures and parking facilities abutting on Silver Lake Drive or Pine Way Road shall be not less than 130 feet from the center line of Silver Lake Drive and 90 feet from the centerline of Pine Way Road. (n) Signs. No sign of any kind on the exterior of any building or visible from any street, parking or driveway area shall be displayed to the public view on the Property, except: 1) any sign approved by the ARB, or 2) any sign used by the Declarant to advertise the Property or a potion thereef. Billboards or other outdoor advertising signs, other than those identifying the name, business and products of a persen or firm of a principal use on any Lot shall not be permitted. Lettering on any sign shall not be more than three (3) feet in height, no sign shall be greater than six (6) feet in height and no sign shall be longer than a length equal to twenty percent (20%) of the length of the building wall on which it is mounted. No flashing, gig, or animated signs, or off-site advertisement signs shall be permitted. Directional signs shall be of a uniform type and size, as prescribed by the ARB. (o) Storage and Loading Areas. a. No loading doors or docks shall be constructed facing on any public or private street or highway; provided, however, this restfiction may be modified or waived in writing by the Deelarant where appropriate. b. Outdoor storage yards for materials, supplies, merchandise or equipment, ineinding business owned or operated trucks, shall be screened from public view behind a visual barrier for the purpose of screening same from view from neighboring property and private streets within the Property. c. The maneuvering of trucks and trailers shall be confined insofar as possible to the rear parking area of the Lot. To that end, whenever possible, visible loading on any street frontage shall not be engaged in or permitted. Location of such loading facilities shall be shown on the building plans or improvements plans to be submitted to the ARB for approval. (p) Temporary Structures. No structure of a temporary character, including a trailer, tent, shack, or other such building or improvement shall be placed upon the Property at any time; provided, however, that this prohibition shall not apply to shelters used contractor or Declarant, his successors or assigns, during construction and, further, the~ei temporary shelters may not, at any time, be used as residences or permitted to remain on t~ Property after completion of construction. (q) Unit Air Conditioners and Reflective Materials. No air conditioning um~ may be mounted through windows or walls. No building shall have any aluminum foil plac~ in any window or glass door or any reflective substance or other materials (except standard window treatments) placed on any glass, except such as may be approved by the ARB for energy conservation purposes. (r) Utility Meter Hook-Ups. All utility hook~ups, meter boxes, et cetera, shall be located on the rear or side wall of each building. Section 2. Enforcement. If any person, firm, or corporation, or other entity shall violate or attempt to violate any of these covenants or restrictions, it shall be lawful for the Declarant, any Owner, or the Association (a) to prosecute proceedings for recovery of damages against those so violating or attempting to violate any such covenants or restrictions; (b) to maintain a proceeding in any court of competent jurisdiction against those so violating or attempting to violate any such covenants or restrictions, for the purpose of preventing or enjoining all or any such violations or attempted violations; and (c) to otherwise enforce all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. The remedies contained in this provision shall be construed as cumulative of all other remedies now or hereafter provided by law. The failure of the Declarant, its successors or assigns, or the Association, to enforce any covenant or restfiction or any obligation, right power, privilege, authority or reservation herein contained, however long continued, shall in no event be deemed a waiver of the right to enforce the same thereafter as to the same breach or violation or as to any other breach or violation thereof occurring prior to or subsequent thereto. Any final judgment rendered in favor of Declarant, any Owner, or the Association in any action brought as provided and permitted herein shall also include the costs incurred in the litigation, including reasonable attorneys', partlegal and legal assistant fees (including fees incurred in settlement, in any declaratory action, at trial and on appeal). Section 3. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no ways affect any other provisions which shall remain in full force and effect. Section 4. Amendment. (a) The Declarant reserves and shall have the sole right (i) to amend these Covenants and Restrictions for the purpose of curing any ambiguity in or any inconsistency between the provisions contained herein; (ii) to include in any contract or deed or other instrument hereafter made any additional covenants and restrictions applicable to the said land which do not lower standards of the covenants and restrictions herein contained; and (Eft) to release any Lot from any part of the covenants and restrictions which have been violated (including, without limiting the foregoing, violations of building set back lines and provisions hereof relating thereto) if the Declarant, in its sole judgment, determines such violation to be a minor or insubstantial violation; provided, however, any such amendment by Declarant mayg'~_ not materially adversely affect the use of any existing building or substantially inereasef~e~ financial obligations of existing Owners. Notwithstanding the foregoing, this Declaration :~,~ay -_~ be amended for any other purpose prior to December 31, 1996 by the Declarant, so long age Declarant is the Owner of at least ten percent (10%) of the Lots. rn (b) In addition to Declarant's right to amend as set forth in paragraph2~a)-- immediately preceding, and except as to provisions relating to amendments as set forth he~in regarding certain specific items and the method of amending or altering any such particular item, any other provisions, covenants, or restfictions set forth herein may be amended in accordance with this provision. The Owners of at least eighty percent (80%) of the Lots may modify, change or amend any provision hereof, except as above mentioned, in whole or in part, by executing a written instrument in recordable form setting forth such amendment and having the same duly recorded in the Public Records of Seminole County, Florida. A proposed amendment may be instituted by the Declarant, the ARB, the Association, or by petition signed by fifty percent (50%) of the then Owners of the Lots. A written copy of the proposed amendment shall be furnished to each Owner at least ninety (90) days, but not more than one hundred twenty (120) days, prior to a designated meeting to discuss such particular amendment. The recorded amendment shall contain a recitation that sufficient notice was given as above set forth and said recitation shall be conclusive as to all parties and all parties of any nature whatsoever shall have full right to rely upon said recitation in such recorded amendment. (c) Notwithstanding anything to the contrary herein set forth, any amendment which will siguifican~y alter the Surface Water Management System shall require the approval of the S/RWMD. Section 5. Termination. Dissolution of the Association is prohibited. Section 6. Notice. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the record of the Association at the time of such mailing. Section 7. DuratiOn. The covenants and restrictions of this Declaration shall run with and bind the Property, and shall inure to the benefit of and be enforceable by the Declarant, the Association, the ARB and the Owner of any Lot subject to this Declaration, and their respective legal representatives, heirs, successors and assigns, for a term of fifty (50) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for up to four (4) successive periods of ten (10) years each, unless an instrument signed by the then Owners of seventy-five percent (75 %) of all the Lots subject hereto has been recorded, agreeing to revoke said covenants and restrictions. Provided, however, that no such agreement to revoke shall be effective unless made and recorded six (6) months in advance of the effective date of such revocation, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken. NULL AND VOID IN ORDER THAT THE PARANiOUNT GOAL OF THE PARTIES AFFECTED HEREBY ClttAT THESE COVENANTS AND RESTRICTIONS RUN WITH THE LAND AS AFORESAID) BE ACHIEVED. Section 13. Order of Development. The Declarant shall not be required to follow predetermined order of improvement and development within the Property. ARTICLE IX EASEMI~NTS Section 1. Easements. Utility and other easements for the benefit of the Property and each Lot have been created on and by the Plat of the Property. In the event an additional easement to a Lot is needed or required over, under or through the Prot~rty, the Association shall have the right and power to grant the same upon approval by the Association membership as here'mabove provided for, and provided further, that no easement shall substantially impair or restrict use of the Lot by the particular Lot Owner, its tenants, lesse~s, licensees, guests, invite~s or customers. S~tion 2. Public Service Easement. Seminole County, Florida, the City of Sanford, Florida, and any other governmental agency or authority having jurisdiction over the Property are granted a nonexclusive easement over the Property, for purposes of egress and ingress for fire, police and sanitary vehicles and public services to and for the Prope~:y. Section 3. Public Utility Easement. The uffiity companies providing utilities to the Property are grant~l a nonexclusive easement over the Property and specific casements shown on the Plat, for the purposes of providing utility service and maintenance. ARTICLE X DECLARANT RIGHTS Nothing contained here'm in these restrictions, shall be construed to prevent the Declarant or its specifically, designated assigns or successors or their contractors or subcontractors, from doing or performing on all of part of the Property owned or controlled by the Declarant, or its specifically designated assigns or successors, whatever they determine to be reasonably necessary or advisable in connection with the completion of the development of the Property, including without limitation: (a) erecting, construeling, and maintaining thereon, such structures as may be reasonably necessary for the conduct of the Declarant's business of completing the development and establishing the Property as a business and commercial center and disposing of same by sale, lease, or otherwise; (b) conducting thereon its or their business of completing and disposing of the development and the Property or any portion thereof by sale, lease, or otherwise; and (c) maintaining such sign(s) thereon as may be reasonably necessary in connection with the sale, lease or other transfer or disposition of the Property or any potion thereof. ~ ~ ~c~ ARTICLE XI ADDITIONAL COVENANTS AND RESTRICTIONS :" ' ~_~ No Owner, without the prior written approval of the Declarant, may impose ~y c:~ m additional covenants on any part of the land shown on the Plat of the Property. F" ~'rlej~ IN WITliftS WHEREOF, the Declarant has caused this instrument to be executed as of the day and year first above written. Wimesses: "DECLARANT" Florida o ratio ~3rlt nalne: before me this ~ da~ of h~/3~ 9 , of the corporation. i~ ), O. 4z~)~rf~ is personall), known to me or has produced as identification and did (did not) take an oath. is personall), known to me or has preduced as identification and did (did not) take an oath. EXHIBIT "A" DESCRIPTION The following land is located in Seminole County, Rorida, ~e South 1/2 of the Southeast 1/4 of Section 7, Township 20 South, Range 31 East, Seminole County, Florida (Less the West 871.2 feet of the North 625.0 feet, and less the Eost 800.0 feet of the West 1671.2 feet of the North 685.0 feet, and less the Easterly 1~.0 feet of the West 1771.2 feet of the Northerly 125.0 feet thereof). ~e Southeast 1/4 of the Northeast 1/4, and the East 1/3 of the Southwest 1/4 of the Northeast 1/4, and the Northeast 1/4 of the Northeast 1/4. all. In Sectlon lB, Township 20 South, Range 31 East, Seminole County, Florida. ~e South 1/2 of the Southwest 1/4 of Section 8, Township 20 South. Range 31 East. Seminole County, Roddo. ~e North 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 17, township 20 South, Range 31 East, Seminole County, Florida. SUBJECT TO rights-of-way of SIlver-Lake Rood and Pineway. Together containing 247.111 acres more or less. 19 OFFiOIAL RECORDS PAGE SEMINOLE CO.