KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, THE GREATER CONSTRUCTION
CORP, a Florida corporation, is the owner of the
following real property located in Osceola County,
Florida, to wit:
Lots 101 through 784, inclusive,
INDIAN POINT PHASES ONE through SEVEN, according to
the Plat thereof, recorded in Plat Book Public
Records of Osceola County, Florida.
AND WHEREAS, THE GREATER
CONSTRUCTION CORP. desires that all of said real
property be subject to like restrictions for the
mutual benefit and protection of themselves and
persons, both natural and corporate, who may
hereafter purchase or acquire any interests in said
real property, or any portion thereof;
NOW THEREFORE, in consideration of
the premises, THE GREATER CONSTRUCTION CORP., the
owner of all the real property described above, and
hereinafter sometimes referred to as "the
Declarant" does hereby declare said real
property to be subject to the following
restrictions, reservations and conditions binding
upon themselves and upon each and every person, both
natural and corporate, who or which shall
hereinafter acquire any interest in said real
property, and their heirs, successors and assigns,
to wit:
1. No lot shall be used except for
residential purposes. No building shall be erected,
altered, placed or permitted to remain on any lot
other than one (1) detached single-family dwelling
not to exceed two (2) stories in height and a
private garage for not more than two (2) cars.
Further, cars or other authorized vehicles hereunder
shall be parked in the garage or driveway and in any
event may not be parked in any easement areas or the
street area in front of the house.
2. No building, structure or
appurtenance shall be erected, placed or altered on
any lot until the construction plans and
specifications and a plan showing the location of
the structure have been approved by the
Architectural Control Committee as to quality of
workmanship and materials, harmony of external
design with existing structures, and location with
respect to topography and finish elevation.
3. The Architectural Control
Committee is composed of Lester N. Mandell and
Lester Zimmerman. The Committee may designate a
representative to act for it. In the event of the
death or resignation of a member of the Committee,
the remaining member shall have full authority to
designate a successor. The two (2) original members
set forth herein may resign from the Committee at
any time, in their sole discretion, and appoint
either two (2) or three (3) new members as their
replacements making up the Architectural Control
Committee. In any event, all powers and
responsibilities of the original members shall
terminate upon the sale by the Declarant of all of
its lots within the entire Indian Point Subdivision
(including all phases of the Indian Point
Subdivision), and such powers and responsibilities
shall thereafter be assumed by the board of
Directors of any homeowners’ association made up
of residents of all platted phases of Indian Point
(the "Association") or their designated
representatives. Neither the members of the
Committee, nor its designated representatives, shall
be entitled to any compensation for service
performed pursuant to this covenant. At any time
after the Declarant is no longer the owner of any
lot within any phase of the Indian Point
Subdivision, the Board of Directors of the
Association may annually designate the members of
the Committee, and the then record owners of a
majority of the lots shall have the power through a
duly recorded written instrument to change the
membership of the Committee or to withdraw from the
Committee or restore to it any of its powers and
duties.
4. The Committee’s approval or
disapproval as required in these covenants shall be
in writing. In the event the Committee, or its
designated representative, fails to approve or
disapprove within thirty (30) days after plans and
specifications have been submitted to it, or in any
event, if no suit to enjoin the construction has
been commenced prior to the completion thereof,
approval will not be required and the related
covenants shall be deemed to have been fully
complied with.
5. No dwelling shall be permitted on
any lot at a cost of less that TWENTY-FIVE THOUSAND
AND NO/100 DOLLARS ($25,000.00) based upon cost
levels prevailing on the date these covenants are
recorded, it being the intention and purpose of
these covenants to assure that all dwellings shall
be of a quality of workmanship and materials
substantially the same or better than that which can
be produced on the date these covenants are recorded
at the minimum cost stated herein for the minimum
permitted dwelling size. The ground floor area of
the main structure, exclusive of one-story open
porches and garages, shall be not less than nine
hundred fifty (950) square feet.
6. No structure of a temporary
character, trailer, basement, tent, shack, garage,
barn or other outbuilding shall be used on any lot
at any time as a residence either temporarily or
permanently. In addition, no accessory apartments
(whether or not authorized under Osceola County
rules, laws, ordinances or regulations) shall be
used or permitted on any lot whether attached to a
principal or accessory structure or free standing.
Further, no trailer, recreational vehicle or trucks
larger than two (2) tons in total weight shall be
stored, kept or parked contiguous to, on or about
any lot without the express advance written
authorization of the Architectural Control
Committee, which consent may be withheld in said
Committee’s sole discretion and for any reason.
Further, even if said permission has been granted,
it may be revoked by the Architectural Control
Committee in its reasonable discretion.
7. No noxious or offensive activity
shall be carried upon any lot, nor shall anything be
done thereon which may be or may become a nuisance
to the neighborhood.
8. No animals, livestock or poultry
of any kind shall be raised, bred or kept on any
lot, except that dogs, cats or other household pets
may be kept provided that they are not bred or
maintained for any commercial purposes.
9. No sign of any kind shall be
displayed to the public view on any lot, except one
(1) professional sign of not more than one (1)
square foot, one (1) sign of not more than five (5)
square feet advertising the property for sale or
rent, or signs used by a builder to advertise the
property during the construction and sale period.
10. No fence or wall shall be
erected, placed or altered on any lot nearer to any
street than the minimum building setback line and no
fence or wall permitted hereunder shall, in any
event be placed closer than twenty-five (25) feet
from any front street right-of-way and ten (10) feet
from any side street right of way, and shall not
exceed six (6) feet in height. No fence, wall, hedge
or shrub planting which obstructs sight lines at
elevations between two (2) and six (6) feet above
the roadways shall be placed or permitted to remain
on any corner lot within the triangular area formed
by the street property lines and a line connecting
them at points twenty-five (25) feet from the
intersection of the street lines, or in the case of
a rounded property corner, from the intersection of
the street lines, as extended. The same sight line
limitations shall apply on any lot within ten (10)
feet from the intersection of a street property line
with the edge of a driveway or alley pavement. No
tree shall be permitted to remain within such
distances of such intersections unless it is
maintained at sufficient height to prevent
obstruction of such sight lines.
11. No lots shall be used or
maintained as a dumping ground for rubbish. Trash,
garbage or other waste shall not be kept, except in
sanitary containers. All containers, receptacles and
equipment for the storage or disposal of such
material shall be kept in a clean and sanitary
condition.
12. No television or radio antenna
shall be constructed or placed on the roof of any
dwelling. No free-standing television or radio
antenna shall be permitted on any lot unless (1) the
location of such free-standing antenna is approved
by the Architectural Control Committee and (2) such
free-standing antenna does not exceed five (5) feet
in height above the highest point of the roof of the
dwelling. Further, no television or radio dish
antenna shall be permitted on any lot unless the
appearance and location of such dish antenna is
approved in advance by the Architectural Control
Committee.
13. Easements for installation and
maintenance of utilities and drainage facilities are
reserved as shown on the recorded plat. Within these
easements no structure, planting or other material
shall be placed or permitted to remain which may
damage or interfere with the installation and
maintenance of utilities or which may change the
direction of flow of drainage channels in the
easements, or which may obstruct or retard the flow
of water through drainage channels in the easements.
The easement area of each lot and all improvements
in it shall be maintained continuously by the owner
of the lot, except for those improvements for which
a public authority or utility company is
responsible.
14. All lots shall be served by a
public or privately owned water and sewer system and
the owners of residences shall pay the monthly
charges for such services as are from time to time
imposed.
15. Declarant has caused to be
established, a "Municipal Service Taxing
Unit" (MSTU) which may provide for one or more
of the following: (a) the maintenance and upkeep of
any recreation, retention and drainage area shown on
the recorded plats of the Indian Point Subdivision,
as more specifically set forth under the terms of
the MSTU; (b) the construction of improvements and
facilities (recreation, sidewalks, drainage, etc.)
on and within various tracts and plat easement areas
for the use and benefit of the Indian Point
Subdivision and the residents of Indian Point –
Phase 1 and all phases (existing or future) of the
Indian Point Subdivision; (c) the construction,
operation and maintenance of street lighting for the
Indian Point Subdivision; (d) provision of garbage
and trash removal for the Indian Point Subdivision;
and (e) any other purpose approved for the MSTU by
the applicable governmental jurisdiction. The
provisions of the MSTU placed upon all residents of
the Indian Point Subdivision the obligation of
payment for the construction, maintenance and upkeep
provided for thereunder. The specific terms of the
MSTU may be obtained from the applicable county
department(s).
16. In addition, Declarant has
caused to be established the Indian Point
Maintenance District (the "District") as a
Dependent Special District pursuant to that certain
Consent to Assessments Agreement by The Greater
Construction Corp., dated March 25, 1994, and
recorded on March 28, 1994, in the Official Records
Book 1178, Page 2195, of the Public Records of
Osceola County, Florida, and that certain unrecorded
Ordinance No. 94-7 duly enacted by the Board of
County Commissioners of Osceola County, Florida on
March 28, 1994, which District may acquire, own,
manage, improve, operate, maintain, and enlarge the
common facilities within the District and exercise
all of the powers set forth in said Ordinance. The
provision of that Ordinance establishing the
District place upon all residents of the Indian
Point Subdivision the obligation of payment for the
construction, maintenance and upkeep provided for
thereunder. The specific terms of the Ordinance
establishing the District may be obtained from the
applicable county department (s).
17. Where a building has been
erected or the construction thereof is substantially
advanced and it is situated on any lot in such a
manner that same constitutes a violation or
violations of any of the above covenants, conditions
and restrictions, the Architectural Control
11. No lots shall be used or
maintained as a dumping ground for rubbish. Trash,
garbage or other waste shall not be kept, except in
sanitary containers. All containers, receptacles and
equipment for the storage or disposal of such
material shall be kept in a clean and sanitary
condition.
12. No television or radio antenna
shall be constructed or placed on the roof of any
dwelling. No free-standing television or radio
antenna shall be permitted on any lot unless (1) the
location of such free-standing antenna is approved
by the Architectural Control Committee and (2) such
free-standing antenna does not exceed five (5) feet
in height above the highest point of the roof of the
dwelling. Further, no television or radio dish
antenna shall be permitted on any lot unless the
appearance and location of such dish antenna is
approved in advance by the Architectural Control
Committee.
13. Easements for installation and
maintenance of utilities and drainage facilities are
reserved as shown on the recorded plat. Within these
easements no structure, planting or other material
shall be placed or permitted to remain which may
damage or interfere with the installation and
maintenance of utilities or which may change the
direction of flow of drainage channels in the
easements, or which may obstruct or retard the flow
of water through drainage channels in the easements.
The easement area of each lot and all improvements
in it shall be maintained continuously by the owner
of the lot, except for those improvements for which
a public authority or utility company is
responsible.
14. All lots shall be served by a
public or privately owned water and sewer system and
the owners of residences shall pay the monthly
charges for such services as are from time to time
imposed.
15. Declarant has caused to be
established, a "Municipal Service Taxing
Unit" (MSTU) which may provide for one or more
of the following: (a) the maintenance and upkeep of
any recreation, retention and drainage area shown on
the recorded plats of the Indian Point Subdivision,
as more specifically set forth under the terms of
the MSTU; (b) the construction of improvements and
facilities (recreation, sidewalks, drainage, etc.)
on and within various tracts and plat easement areas
for the use and benefit of the Indian Point
Subdivision and the residents of Indian Point –
Phase 1 and all phases (existing or future) of the
Indian Point Subdivision; (c) the construction,
operation and maintenance of street lighting for the
Indian Point Subdivision; (d) provision of garbage
and trash removal for the Indian Point Subdivision;
and (e) any other purpose approved for the MSTU by
the applicable governmental jurisdiction. The
provisions of the MSTU placed upon all residents of
the Indian Point Subdivision the obligation of
payment for the construction, maintenance and upkeep
provided for thereunder. The specific terms of the
MSTU may be obtained from the applicable county
department(s).
16. In addition, Declarant has
caused to be established the Indian Point
Maintenance District (the "District") as a
Dependent Special District pursuant to that certain
Consent to Assessments Agreement by The Greater
Construction Corp., dated March 25, 1994, and
recorded on March 28, 1994, in the Official Records
Book 1178, Page 2195, of the Public Records of
Osceola County, Florida, and that certain unrecorded
Ordinance No. 94-7 duly enacted by the Board of
County Commissioners of Osceola County, Florida on
March 28, 1994, which District may acquire, own,
manage, improve, operate, maintain, and enlarge the
common facilities within the District and exercise
all of the powers set forth in said Ordinance. The
provision of that Ordinance establishing the
District place upon all residents of the Indian
Point Subdivision the obligation of payment for the
construction, maintenance and upkeep provided for
thereunder. The specific terms of the Ordinance
establishing the District may be obtained from the
applicable county department (s).
17. Where a building has been
erected or the construction thereof is substantially
advanced and it is situated on any lot in such a
manner that same constitutes a violation or
violations of any of the above covenants, conditions
and restrictions, the Architectural Control