OR BK 3818 Pages 1074 -1100 RECORDED 04/10/19 10:49 AM
Donald C. Spencer. Clerk Santa Rosa County, Florida DEPUTY CLERK JJ
PETERSEN POINT HOME OWNERS ASSOCIATION
REVISED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, AND
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TABLE OF CONTENTS
Article I – Definitions
Section 1- Association 4
Section 2 – Common Area 4
Section 3 – Dedarant 4
Section 4- Lot 4
Section 5- Owner 4
Section 6-Address 4
Section 7 -Associate Member 5
ARTICLE II – Membership and Voting Rights 5
Section 1- Membership 5
Section 2 – Voting Rights 5
Section 3-Associate Membership 5
ARTICLE Ill -ArchitecturalControl 5
ARTICLE IV – Use Restrictions 6
Section 1- Lot Use and Permitted Structures 6
Section 2 – Permitted Buildings, Size and Setbacks 6
Section 3 – Determining Building Size 6
Section 4-Allowed Antennas and Poles 6
Section 5- Maintenance of Property 6
Section 6- Outside Cloths Lines 6
Section 7 – Garbage and Trash Containers 6
Section 8- Trailers and Motor Homes 7
Section 9 – Odd-Road-Vehicles 7
Section 10- Noxious or Offensive Activity 7
Section 11- Animals 7
Section 12 – Fencing 7
Section 13- Rear of Residence 7
Section 14 – Construction 7
Section 15 – Signs 7
Section 16 – RIiing in Waterways 8
Section 17 – Lot Conveyance 8
Section 18- Sewage Disposal Systems 8
Section 19 – Easements and Easement Restrictions 8
Section 20- Improvements between Water and Residence
Page I 3
Section 21- Tree Cutting and Removal 9
Section 22 – Boat Restrictions 9
Section 23 – Water Way Dumping Restrictions 9
Section 24 – Waiver of Restrictions 9
Article V -Assessments 9
Section 1- Creation of the Lien and Personal Obligation Assessments 9
Section 2- Purpose of Assessments 10
Section 3-Annual Assessment 10
Section 4- Special Assessments for capital Improvements 10
Section 5- Notice and Quorum for Any Action 10
Section 6- Uniform Rate of Assessment 11
Section 7 – Annual Assessment Periods and Due Date 11
Section 8- Effect of Nonpayment of Assessments 11
Section 9- Subordination of Assessment Uen to First Mortgages 11
Section 10- Maintenance 11
ARTCLE VI -Common Areas 12
Section 1- Owners’ Easements of Use and Enjoyment 12
Section 2 – Delegation of Use 12
Section 3 – Grant/Reservation of Easements 12
ARTICLE VII – General Provisions 13
Section 1- Rights of Enforcement 13
Section 2- Invalidation or Covenant 13
Section 3- Term 13
Section 4- Property Annexation 13
Section 5 – Liability 14
Section 6- Relief for Violations 14
This Dedaration made and entered into this 1-,ttt day of September, 1985, by Mary G. Ward and Revised and Restated by 2/3 of the members of the Association on the 6th day of April , 2019.
Whereas, Declarant is the Owner of certain property inSanta Rosa County, Florida, which is more
particularly described as:
Petersen Point, a subdivision according to Plat Book ..!l, Page 3S , of the public records of Santa Rosa County Florida.
Now, therefore Declarant declares that, except as expressly provided otherwise below, all property described above shall be held, sold and conveyed subject to the following restrictions, covenants, and conditions, which are for the purposes of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title, or Interest in the described properties or any part thereof, their heirs, successors and assigns, and shall Inure to the benefit of each Owner thereof.
Section 1- “Association” shall mean and refer to Petersen Point Homeowners Association, Inc. , a
Florida corporation not for profit, its successors and assigns.
Section 2 – “Common Area” shall mean and refer to all real property (together with improvements thereon) owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of conveyance of the first Lot by Dedarant shall be all roads, drives, and rights of way (and any land not marked as Lots/Block lying within any such roads, drives, or rights of way) on the recorded plat of Petersen Point.
Section 3 – “Declarant” shall mean and refer to Mary G. Ward, her successors and assigns.
Section 4- “Lot” shall mean and refer to all of those Lots shown on the recorded subdivision plant of Petersen Point
Section 5 – “Owner” shall mean and refer to the recorded Owner, whether one or more persons or entities, of a fee simple title to any lot and shall include contract sellers pursuant to an unrecorded contract. Owner shall not include those persons or entities having a record interest in a Lot merely as security for the performance of an obligation.
Section 6-“Address” shall mean the email address of the Owner. If an Owner does not have an email address they may request that their Address be the United States postal mailing address. The Owner
Page Is must so request in writing. Address is to be kept current by Owner notifying the President of the Association.
Section 7 – “Associate Member” shall mean a property owner that lives on Petersen Point Road but that is not an Owner of one of the Lots shown on the recorded subdivision plant of Petersen Point.
Membership and Voting Rights
Section 1- Every Owner of a lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot.
Section 2 – Each Owner 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 and the one vote for each such Lot shall be exercised as they determine. In no event shall more than one vote be cast with respect to any one Lot.
Section 3 -An Associate Member may join the Home Owners Association on a year-to-year basis for the same annual assessment as Lot Owners. All Associate Members must be approved annually by majority vote of the Board of Directors of the Association. Associate Members shall have a right and easement of use and enjoyment in and to the Common Areas of the Home Owners Association. Associate Members also shall be invited to Home Owner Association functions. Associate Members are NOT subject to the Home Owners Association’s Use Restrictions but hopefully would use these restrictions as guidelines for their properties. Associate Members shall not have a vote at Association meetings. If there is a special assessment the Associate Members may or may not participate based on their judgement of the benefits that they realize from the special assessment.
No structure or other improvement shall be erected, altered, or placed on any Lot in the subdivision until the design , location, plans, specifications and plot plan showing the nature, kind, shape, height, materials, color and location of such structure or improvement have been submitted in sufficient detail in writing by Owner and approved in writing as to the harmony of external design and location in relation to surrounding structures and topography by a majority vote of the Board of Directors of the Association, or by an Architectural Review Committee composed of two or more representatives appointed by the Board. In the event said Board, or its designated Architectural Review Committee, falls to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted in writing to It, such approval will not be required and this article will be deemed to have been fully complied with.
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Section 1-AIILots shall be used and occupied solely for residential purposes and shall not be used for commercial, trade, public amusement, public entertainment or business purposes of any kind or character. No structure shall be erected, altered or placed or permitted to remain on any residential Lot other than one single family structure with a private garage attached to the main structure or a detached garage in conformity with architectural design of the residential structure for not more than
three vehicles with a servant’s room, tool room and/or laundry room attached to the same. Any such
permitted detached structure shall be set back so that the front thereof is no closer to the front street that the front of the residential structure.
Section 2 – All buildings erected or constructed on any Lot shall not exceed two and one-half stories fn height and shall contain a minimum of 1,800 square feet. All buildings shall be set back 35 feet from the front Lot line; 10 feet from each side Lot line; and 75 feet from the water’s edge of Blackwater Bay and Ward Basin. No driveway, patio, or other improvement shall be located nearer than 5 feet to the side or rear lot lines. Waiver of any of the preceding fixed setback requirements is hereby granted for unintentional violations which do not exceed 10% of the particular setback distance In question.
Additional waivers of the preceding setback requirements for cul de sac and nonrectangular Lots may be granted by the Board of Directors of the Association, or it’s Architectural Review Committee.
Section 3 – The minimum square foot area of proposed buildings and structures or additional and enlargements thereto shall be determined by multiplying the outside length and width dimensions of each insurable livable (under current flood zone requirements) story of the building or structure, except that garages, porches, patios and terraces shall not be taken Into account in calculating the minimum square foot area required.
Section 4- No outside antennas, poles (except flag pole approved by the Board of Directors of the Association or its Architectural Review Committee), masts, towers or the like (except commonly utilized house mounted television antennas and satellite receiving dishes which are concealed from view so as not to be detrimental to the appearance of the property from any lot line) shall be erected on any lot.
Section 5 – All dwellings, yards, drives and landscaping must be maintained at all time. Failure to provide such maintenance shall be grounds for suit by any other property Owner in the subdivision, the Association, and/or any appropriate governmental agency.
Section 6- Outside cloths lines or other items detrimental to the appearance of the subdivision shall not be permitted on any of the Lots except that a clothes line which is enclosed or camouflaged from street view shall be permitted only to the rear of the back line of the residential structure.
Section 7-Allgarbage and trash containers, oil tanks, bottled bas tanks and the like shall be kept clean and sanitary, and must be positioned underground, placed in a walled-in area or screened from view so that they shall not be visible from any Lot line.
Page 17 Section 8- No trailer, house trailer, motor home, basement tent, garage, barn or other out-building shall at any time be used as a residence, temporary or permanent, nor shall any structure of a
temporary character be used as a residence. No building that is unfinished on the exterior shall be occupied. Owners may have visitors in a house trailer or motor home for up to five days per year.
Section 9- Off the road vehicles, beach buggies, boats, campers, trailers (of any kind), motorhomes, recreational vehicles, commercial trucks or vans, and other such vehicles shall not be parked anywhere, temporarily or permanently, except ingarages, carports or otherwise enclosed or camouflaged, so as not to be detrimental to the appearance of property from any lot line. Except that these vehides of the Owner may be temporarily parked on the Owner’s Lot for a period not to exceed fourteen (14) nights while servicing or utilizing the vehicle. Without waiving any other enforcement provisions of this document an Owner with a vehicle above parked on their Lot more than fourteen (14) nights will be assessed a fine assessment of $15.00 per night per vehicle after being notified by the Association that a vehicle is in violation of this Section. These fine assessments due within 30 days of the violation and are collectable under Article V Section 1. Service or delivery vehicles may park in the subdivision while performing their service or delivery. In no case can service or delivery vehicles be parked overnight.
Section 10 – Noxious or offensive activity shall not be carried on or upon any Lot nor shall anything be
done thereon which may be or become an annoyance or nuisance to other Owners.
Section 11- No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats and other household pets may be kept provided that they are duly licensed, if applicable; do not constitute a nuisance; are not breed for commercial purposes; and further provided that such pets are not permitted to be present beyond the boundaries of the Owner’s Lot without being leashed or caged.
Section 12 – No chain link fence shall be allowed and no fence shall be erected nearer to the front Lot line of the Lot than the front line of the residential structure and any such fence shall be of wood or other decorative material, shall be in conformity with the architectural design of the residential structure and shall not exceed six (6) feet in height. Growing hedges may be used as fences in the front, side or rear of the property but shall not exceed six (6) feet in height. Notwithstandingthe foregoing, however, no fence, growing hedge or the like in excess of four (4) feet in height shall be allowed within 75 feet of the water’s edge of Blackwater Bay or Ward Basin.
Section 13 – Residences shall be designed so that the rear as well as the front of each residence is attractive in appearance. The addition of and solar equipment (solar panels or hot water heater or such shall be approved by the Board of Directors of the Association or it’s Architectural Review Committee.
Section 14 – Any construction commenced upon a Lot shall be pursued diligently and such construction must be completed within one year from first foundation excavation, installation of first piling, or pulling of first reconstruction permit.
Section 15 – No sign of any kind shall be displayed to public view on any Lot except:
(a) One sign of not more than six (6) square feet advertising the property for sale,
(b) Signs used by a builder to advertise the property during construction.
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(c) Political signs advocating for a candidate which can be displayed up to 2 months before an election and must be removed within 2 days after the election. A maximum of four political signs are allowed per Lot at one time.
(d) One sign advertising a Rummage or like sale (sale lasting no more than two days). Sign can be
displayed up to two weeks before the sale and must be removed the day after the sale.
(e) One sign informing people of an event at a residence for a period of no more than two days
(f) Decorative signs in the rear of a residence between the rear line of the residential structure and the water line.
Section 16 -No Lot shall be increased in size by filling in of any body of water or waterway on which it may abut.
Section 17 -All Lots shall be conveyed as a whole except that two or more contiguous Lots may be resubdivided Into an equal or lessor number of contiguous parcels provided that (a) the square foot area of the smallest platted Lot which was resubdivided, and (b) the Board of Directors of the Association or its Architectural Review Committee shall approve the same by an instrument recorded in the Public Records of Santa Rosa County, Florida. Thereafter, such resubdivided Lots shall constitute Lots for the purpose of the Declaration.
Section 18- No individual sewage disposal systems shall be permitted on any Lot unless the system is designed, located and constructed in accordance with the requirements, standards and recommendations of the Santa Rosa County Health Department and any other governmental entity having jurisdiction thereof. Approval of such individual sewage disposal system, as installed, shall be obtained from such authority or authorities. In no event shall any septic tank and/or drain field be located nearer than 100 feet to any body of water.
Section 19 -A general utility easement five (5) feet in width along all side Lot lines for purposes of installation and maintenance of public utilities and drainage easements is hereby reserved. Within such easements, no structures, planting or other materials which may damage or interfere with installation or maintenance of such utilities, or which may change the direction or flow of drainage channels in the easements, or obstruct or retard the flow of water through and such drainage channels. The easement area of each lot and all improvements within same shall be maintained continuously by the Lot owner, except for those improvements for which a public authority or utility company becomes responsible. In the event the easements herein provided for are less than that indicated upon the recorded plat of the subdivision, the easement reflected upon the recorded deed shall govern.
Section 20 -Any construction, modification, changes or alterations in existing or new improvements, between the waters edge of and the rear Lot set back line, consisting of the construction or alteration of fences, patios, satellite receiving dishes, gazebos, swimming pools, retaining walls, seawalls, groins, piers, docks, boathouses, jettys, and the like, shall first be approved by the Board of Directors of the Association or its Architectural Review Committee, in addition to any governmental agency having Jurisdiction over such matters. No wharf, groin, pier, dock, boat dock, boathouse, sea wall, jetty or the
Page I 9 like shall be located nearer than 10 feet from any side Lot line; provided, however, that the Owners of 2 or more adjoining Lots, may, with the Board of Directors or its Architectural Review Committee’s prior approval, construct a common boat dock or similar structure, in which event the side Lot set back just referenced shall not apply to those Lot lines common to adjoining Lots. No sidewalls on a boathouse shall be allowed except as required to enclose a small storage closet.
Section 21- No Lot shall be clear cut of all trees nor shall trees be cut on any Lot so that there is less than 1 mature tree of at least 3 inches in diameter (measured 4 feet from the ground) for each 2,000 square feet of land area. No tree with a diameter greater than 6 inches (measured 4 feet from the ground) shall be cut down unless it shall interfere with construction of the residential structure or as otherwise approved by the Board of Directors of the Association or its Architectural Review Committee.
Section 22 – No boat or the like shall be occupied as a permanent or temporary residence; no through hull or overboard discharges shall be allowed; and no boat hull scraping, painting or the like shall be allowed.
Section 23 – In the interest of public health and sanitation, and in order that the Lots and other land and waters in the same locality may be benefited by a decrease in hazards recreation, wildlife, marine life, and other public uses of waterways in the vicinity, no Owner shall use a Lot in any manner or for any purpose that would result, directly or indirectly, in the draining or the dumping into public waters or any drainage system, of any refuse, sewage, storm water run-off or other materials which might tend to pollute same. Further no Owner shall dump or cause to be dumped any waste, soil, clay, trash or fill of any kind whatsoever which will result directly or indirectly in the draining or the dumping Into public waters, streams or natural water courses of any kind.
Section 24 – the Board of Directors of the Association, or its Architectural Review Committee, shall by 2/3 vote have the authority to waive in writing minor violations of any of the provisions of Article IV (including waivers in excess of the 10% standard set forth in Section 2 of this Article) and/or grant minor deviations or variances where it is clearly demonstrated by the Owner or other person requesting same that doing so will not impact adversely upon the aesthetic qualities of the proposed Improvements, the Lot upon which same is located and the subdivision as a whole, and, that same is consistent with a first class single residential subdivision. Neither the Board of Directors of the Association, its Architectural Review Committee, nor any or either’s members, shall in any way or manner be held liable to any Owner, the Association, or any other person or entity for its good faith exercise of the discretionary authorities conferred by this Section.
Section 1- Creation of the Lien and Personal Obligation Assessments. The Owner of each Lot by acceptance of a deed thereof, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association (a) an annual assessment, (b) any special assessments for capital improvements and (c) and fine assessments, such assessments to be established and collected as hereinafter. The annual, special assessments and fine assessments, together with interest, costs and
Page I 10 reasonable attorney’s fees, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each assessment is made. Each such assessment, together with interest, costs and reasonable attorney’s fees, shall also be the personal obligation of the person(s) who is the Owner of such Lot at the time when the assessment becomes due.
Section 2 – Purpose of Assessments. The assessments levied by the Association shall be used exclusively to provide for acquisition, improvement, construction, management, care and maintenance of any Common Area, any real property owned by the Association, any easements within Petersen Point subdivision, or any public property adjacent to or in the vicinity of the Lots. The Association shall have the obligation to maintain the Common Area and shall pay all ad valorem real property taxes assessed upon it. The Association shall fund in a reserve account such sums as it determines in good faith are necessary and adequate to make periodic repairs and improvements to the private roads and any other Common Areas.
Section 3 -Annual Assessment. Until January 1,1986, the maximum annual assessment shall be $75.00
(a) From and after January 1,1986, the maximum annual assessment may be increased each year not more than 15% above the potential maximum assessment for the previous year without a vote of the membership.
(b) From and after January 1,1986, the maximum annual assessment may be inaeased above 1596 of the previous year’s potential maximum assessment by a vote of 2/3 of the Lot Owners who are voting in person or by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors of the Association shall fix the annual assessment at an amount not In excess of the potential maximum assessment.
(d) Regardless of the provisions above, the Association shall be obltgated to pay all ad valorem real property taxes upon any Common Area, and no limitation above shall ever prohibit the Association from increasing the annual assessment to an amount sufficient to pay such taxes.
Section 4- Special Assessments for Capital Improvement. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment per Lot applicable to that year only for the purpose of defraying in whole or in part, the cost of any acquisition, construction, reconstruction, repair or replacement of a capital improvement upon any Common Area, real property owned by the Association, any easement within Petersen Point subdivision or public property adjoining or in the vicinity of the Lots, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of 2/3 of the votes of the Owners who are voting inperson or by proxy at a meeting duly called for this purpose. Written notice of the amount and due date of any such special assessment shall be sent to every Owner subject hereto at their Address.
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 Sections 3(b) or 4 of this Article shall be sent to all Owners at their Address (as of 30 days prior to date of sending such notice) not less than 15 days nor more than 30 days In advance of the meeting. At the first such meeting called, the presence of members or of proxies entitles to cast 50% of all the votes shall constitute a quorum. If the
Page I 11 required quorum is not present, the required quorum at the subsequent meeting shall be 1/3 of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting.
Section 6- Uniform rate of assessment. Both annual and special assessments shall be fixed at a uniform rate for all Lots.
Section 7-AnnualAssessment Periods and Due Date. The annual assessment shall be assessed on a calendar year basis (April 1 to March 31) and is due and payable on such date as set forth by a resolution of the Board of Directors of the Association. The Board of Directors of the Association shall fix the amount of the annual assessment for each Lot at least 30 days in advance of each annual assessment period (except for the year 1986, when the Board of Directors of the Association may fix the amount of the 1986 annual assessment at any time prior to October 1, 1986}. Written notice of the annual assessment shall be sent to every Owner at their Address. The annual assessment provided herein shall not commence
Section 8- Effect of Nonpayment of Assessments: Remedies of the Association. Any annual or special assessment not paid within 30 days after the due date shall bear interest from the due date at the highest legal rate. The Association may, after first giving 10 days written notice to the holder of any first mortgage, bring an action at law against the owner personally obligated to pay the same, and/or foreclose the lien against the property. No Owner may waive or otherwise avoid personal liability for the assessments provided for herein by non-use of any Common Area, facilities or real property owned by the Association or abandonment of his Lot.
Section 9- Subordination of the Assessment Lien to First Mortgage. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage which was originally recorded as a first mortgage. Sale or transfer of any Lot shall not affect the assessment Hen. However, the sale or transfer of any Lot pursuant to a foreclosure of such a first mortgage or any proceeding or conveyance in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to the date of such sale or transfer. No such sale or transfer shall relieve such Lot from liability for any assessments thereafter coming due or from the lien thereof.
Section 10- Maintenance. In the event an owner shall fail (after 30 days written notice from the Association sent to the Owner’s Address ) to maintain a Lot or to maintain the improvements situated thereon in a neat, clean, and orderly fashion and otherwise satisfactory to the Board of Directors of the Association, the Association may, after approval of 2/3 vote of the Board of Directors, have the right, through its agents, employees and contractors, to enter upon said Lot and to repair, maintain and restore the Lot and/or exterior of the building or any other improvements erected thereon. The cost of such Lot and/or exterior maintenance, together with interest at the maximum rate then allowed by law (if not paid within 30 days after written demand therefore), as well as reasonable attorney’s fees and costs, shall be a charge on the Lot, shall be a continuing lien on the Lot and shall also be the personal obligation of such Lot at the time such maintenance is performed.
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Section 1- Owners Easements of Use and Enjoyment. Every Owner shall have a right and easement of use and enjoyment in and to the Common Areas 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 reasonable admission and other fees for the use of any recreational facility situated upon the Common Areas;
(b) The right of the Association to suspend the voting rights and the right of an Owner to use and enjoy any recreational facilities situated upon the Common Areas for any period during which any assessment against his Lot remains unpaid or any violation of the provisions of this Declaration remains uncured; and for a period not to exceed 90 days for any infraction of its published rules and regulations pertaining to the use and enjoyment of any such reaeatlonal facilities;
(c) The right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency, governmental body or utility for such purposes and subject to such conditions as may be agreeable to by the members. No such dedication or transfer shall be effective unless an instrument signed by members entitled to cast 2/3 of the votes of the Association has been recorded, agreeing to such dedication or transfer, and unless written notice of such proposed action is sent to every member not less than 30 days and no more than 60 days in advance; provided, however, that for a period of 2 years from the date of recording this Declaration, Declarant may, without action of the Association, grant such subsurface utility easements, licenses or the like across, to or under all or any portion of the Common Areas which Declarant, it is sole discretion, deems appropriate or necessary for the benefit of any or all Owners;
(d) The right of the Association, in accordance with its articles and bylaws, to borrow money for the purpose of improving and maintaining the Common Areas and facilities, and in aid thereof, to mortgage said property, but the rights of said mortgage in said properties shall be subordinate to the rights of Owners hereunder;
Section 2 – Delegation of Use. Subject to the provisions of Section 1 of this Article, any Owner may delegate, in accordance with the bylaws of the Association, his right of use and enjoyment of the Common Areas and facilities to the members of his family, guests, tenants, contract purchasers who reside on the property, contractors performing work for the Owner, suppliers and purveyors of services solicited by the Owner, and employees.
Section 3 – Grant/Reservation of Easements.
(a) Dedarant does hereby grant a nonexclusive perpetual easement and right of ingress and egress across, under and to all Common Areas unto each and all law enforcement, firefighting and postal or delivery organizations, and to any other persons, organizations or entitles who, in the normal course of their operations, respond to public or private emergencies, or who provide public or private utility services.
Page I 13
(b) Declarant does hereby reserve unto herself, her heirs, personal representatives, successors and assigns, a nonexclusive perpetual easement and right of ingress and egress across, under and to all roads and the rights of way, and any other Common Areas, reflected on the recorded subdivision plat of Petersen Point.
(c) Declarant, for herself, he successors and assigns does hereby reserve a nonexclusive perpetual easement and right of ingress and egress across, under and to all Common Areas for purposes of construction thereon of subdivision improvements, sale of Lots and such other purposes and uses as Declarant deems appropriate or necessary in connection with the sale and development of the Lots within Petersen Point.
Section 1- The Association, the Declarant, or any Owner shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and changes imposed by the provision of this Declaration. Failure by the Association, Declarant, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. If any court proceedings are required for the successful enforcement of any condition, restriction or covenant herein contained (due to its violation or breech) or lien against any Owner or against any other person or entity, said Owner, person or entity expressly agrees to pay all costs, including reasonable attorney’s fees, of the Owner, Declarant or the Association who initiates such successful judicial proceedings for the enforcement of said condition, restrictions, covenant or lien.
Section 2 – Invalidation of any one of the covenants or restrictions by judgement or court order shall in no way affect any other provisions, which shall remain in full force and effect thereafter.
Section 3 – The covenants, conditions and restrictions of this Declaration shall run with and bind the land, shall be deemed a part of all deeds and contracts for conveyance of any and all Lots, and shall be binding on all Owners and all persons claiming under them for a period 25 years from the date this restated Declaration is recorded, unless amended by an instrument signed by 2/3 of the then Lot Owners. After the initial 25 year term, this Declaration shall be automatically extended for periods of 10 years, unless amended by an instrument signed by a majority of the then Lot Owners. Notwithstanding the forgoing, Declarant reserves the right unto itself to amend this Declaration at any time within two years after date hereof if doing so is necessary or advisable to accommodate FHA, VA, FNMA or the like financing of residential structures within the subdivision. Any amendment of this Declaration must be recorded In the public records of 5anta Rosa County, Florida.
Section 4- Providing (1) same is first approved by a majority vote of the owners who are voting in person or by proxy at a meeting duly called for this purpose, or, by the Board of Directors of the Association; and (2) Dedarant pays to the Association an amount equal to the then applicable annual assessment times the number of Lots and/or building sites proposed to be annexed (unless a lesser amount is agreed to by the Association), additional residential property (either single residential detached and/or multifamily) and Common Areas may be annexed by Declarant whereupon the Owners of such additional property shall thereupon and thereafter have the same rights, privileges and benefits,
including, but not limited to, the right to use the Common Areas, and be subject to the same
Page I 14
responsibilities and obligations (with the exception of Article IV which shall not apply to any multifamily building sites), as if such annexed Lot and/or building sites (and the Owners of same) were originally described herein, unless otherwise agreed between Declarant and the Association at the time of annexation.
Section S – Neither the Association nor Declarant shall, in any way or manner, be held liable for failure to enforce the conditions, restrictions and covenants herein contained or to any Owner or any other person or entity for any violation of the restrictions set forth herein by any Owner other than itself.
Section 6-Any single violation of any use restriction by an Owner shall constitute a continuing violation which shall allow the Association or any other Owner to seek permanent injunctive relief. In no event shall a violation of these conditions, restrictions or covenants ever be interpreted to work a reverter or forfeiture of title.
IN WITNESS HEREOF, 2/3 of the members have signed and caused this instrument to be executed the 6th day of April 2019.
AMMENDMENT AND RESTATEMENT OF PffiRSEN POINT DECLARATION OF COVENANTS, CONDmONS
AND RESTRICTIONS, Originally Dated Sept. 18, 1985, in Santa Rosa County Public Records, O.R. Book 765, Page 680-693, as amended.
THE UNDERSGNED LOT OWNERS of 2/3 or more of the Lots of Petersen Point, a subdivision according to Plat Book “D”, Page 35, of the public records of Santa Rosa County, hereby approve and ratify the amendment to various sections and restatement of the Declaration described above:
FLORIDA SHORT-FORM INDIVIDUAL ACKNOWLEDGMENT n895.25
State of Florida }
County of R LJth
The foregoing instrument was acknowledged before
me this / l) day of /Jrfri / ,tfh)/C/,
_017 / Month Year
by /l7,’0Ja. /(fJ/0® tvow&K…
Name of Person Acknowledging
who is personally known to me or who has produced
pt.DL Ali?a.J-S5t.,-5J .. IZ2-I
Type of Identification
Name of Notary Typed, Printed or Stamped
, Notary Public
Commission No. _
Though the information in this section is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
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