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Declaration of Party Wall Agreement, Common Roof Agreement, Cross-Easement, Covenants, Conditions and Restrictions of Spice Palms of South Pasadena

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Declaration of Party Wall Agreement, Common Roof Agreement, Cross-Easement, Covenants, Conditions and Restrictions of Spice Palms of South Pasadena Prepared by & Return to: Kenneth G. Arsenault, Jr., Esq. ARSENAULT LAW OFFICES, P.A. 10225 Ulmerton Road, Suite #2 Largo, Florida 33771 DECLARATION OF PARTY WALL AGREEMENT, COMMON ROOF AGREEMENT, CROSS-EASEMENT, COVENANTS, CONDITIONS AND RESTRICTIONS OF SPICE PALMS OF SOUTH PASADENA THIS DECLARATION, made on the date hereinafter set forth by GREVILLA HOMES LLC, a Florida Limited Company hereinafter referred to as "Declarant". W I T N E S S E T H: WHEREAS, Declarant is the owner of certain property situated in the County of Pinellas, State of Florida, which is more particularly described as: All of SPICE PALMS OF SOUTH PASADENA, according to the map or plat thereof as recorded in Plat Book _________, Pages __ and __, Public Records of Pinellas County, Florida (the “Plat”). NOW THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose 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. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to SPICE PALMS OF SOUTH PASADENA H.O.A., INC., its successors and assigns. The Articles and By-Laws of the Association are attached hereto as Exhibits “A” and “B” respectively. Section 2. "Owner" or “Lot Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" or "Property” shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all real property (including the improvements thereon) owned by the Association for the common use and enjoyment of the owners and designated as Tract “A” on the Plat of Spice Palms of South Pasadena. Section 5. "Lot" shall mean and refer to Lots 1 through 9, inclusive and improvements thereon as shown upon the recorded map or plat of the Properties in Plat Book _____ Pages _ and ________, Public Records of Pinellas County. Section 6. The Surface Water Management System Facilities shall include, but are not limited to: all inlets, ditches, swales, culverts, water control structures, retention and detention areas, ponds, lakes, floodplain compensation areas, wetlands and any associated buffer areas, and wetland mitigation areas. The surface water management system facilities are located on land that is designated Common Area on the Plat and are located on land that is owned by the Association. Section 7. "Townhouse or Townhome" shall mean a residential building constructed upon a Lot. ARTICLE II PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge reasonable fees for the use of any recreational facility situated upon the Common Area; (b) the right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid, and for a period not to exceed 60 days for any infraction of its published rules and regulations; (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by 2/3rds of each class of members of the Association and their first mortgagees has been recorded. (d) the right of the Association to adopt reasonable rules and regulations controlling the use of the common areas to promote the health, safety and common interests of all of the Owners. (e) the right of the Association to impose reasonable limits upon the number of guests who may use these facilities; (f) the right of the Declarant to grant easements in and to the Common Area for utility and cable television services and other public uses which benefit the community as a whole provided that this right shall terminate upon the first conveyance of a Lot to an Owner other than Declarant; (g) the right of the Association to borrow money for the purpose of improving the Common Area or acquiring additional common areas or for constructing, repairing or improving facilities located thereon and to give as security for the payment of any such loans a mortgage conveying all or any portion of the Common Area except streets; provided, further, that the creation of any such mortgage shall require approval of two- thirds (2/3) of each class of Members. (h) any limitations on use contained elsewhere in this Declaration. Section 2. Delegation of Use. Any Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, business invitees, social invitees or contract purchasers who reside on a Lot. Section 3. Access. Each Owner shall have the right to ingress and egress over all pavers, driveways and sidewalks necessary for access to the Owner's parcel including pavers and driveways located upon each Lot. No Owner shall park or allow its guests or invitees to park their respective vehicles so as to block, in whole or in part, the driveways. Each Owner is entitled to unfettered and unobstructed access to and from its Page 2 Lot. Each Owner shall have the right to lateral support for the Owner's Lot. The rights provided in this section shall be subject to reasonable rules and regulations as may be adopted from time to time by the Association. In addition, all lawful emergency vehicles and equipment shall have the right to pass over and across all portions of the Property to protect the health, welfare and property of the Owners. Section 4. Limitations upon Use of Lot and Common Elements. No Lot Owner may plant, garden or erect or maintain fences, hedges, walls or other improvements upon any portion of the Property, including the Lot by the Owner thereof, which has been designated as Common Area and/or dedicated as an easement area in favor of the Association, the Declarant, public agencies or utility companies pursuant to the Plat. Each Owner shall have a cross easement appurtenant for use of any sidewalks or paved areas. The Association’s Board of Directors of the Association may establish reasonable rules and regulations concerning the use of the Common Area and facilities. These regulations shall be binding upon each Owner, and the Association may impose reasonable monetary fines and other sanctions for violation of the rules which may be collected by lien and foreclosure as provided hereinafter. Section 5. Drainage. Each Owner shall have a drainage easement across each and every other Owner's Lot for the natural flow of rain water run-off and no structure, digging or other activity conducted by an Owner may interfere with said drainage easement. Section 6. Easements for Encroachments. Each Lot shall be subject to an easement for encroachments by improvements on the adjoining lot where such encroachments do not exceed two (2) feet within the subject boundaries and provided that any such encroachments are created by the initial construction, subsidence or rebuilding and reconstruction following casualty. ARTICLE III EXTERIOR MAINTENANCE Section 1. Association Maintenance. In addition to maintenance upon the Common Area, the Association shall provide exterior maintenance upon each Townhouse and Lot which is subject to assessment hereunder, as follows: paint, repair, replacement and care of roofs, gutters, downspouts, exterior building surfaces, termite treatment and repair of termite damage to any siding or exterior structural portion of the Unit, trees, shrubs, grass, walks, and other exterior improvements and take such other action as the Association is authorized to take with regards to the Property pursuant to its Articles of Incorporation and Bylaws, or this Declaration. The Association or its authorized agents shall have the right at any time, from time to time, without any liability to the Owner for trespass or otherwise, to enter any Lot for the purpose of maintaining the Common Areas and such common facilities and enforcing any of the restrictions as set forth as part of this Declaration. Such exterior maintenance shall not include glass surfaces or doors located upon any Lot. In the event that the need for maintenance or repair of a Lot or the improvements thereon is caused through the willful or negligent acts of its Owner, or through the willful or negligent acts of the family, guests or invitees of the Owner of the Lot needing such maintenance or repair, the cost of such exterior maintenance shall be added to become part of the assessment to which such Lot is subject. Notwithstanding anything herein to the contrary, in the event that the Association fails to undertake its obligations with respect to any items of repair pertaining to a Townhouse or Lot within thirty (30) days after written notice to the Association from the owner specifying in detail the necessity of such repair (or, in the event of an emergency, where such repair is necessary to prevent waste to the Townhouse, within 24 hours following written notice to the Association) then, and in such event, the Owner shall have the right to undertake such repair, whereupon the Association shall reimburse Owner for the reasonable cost of such repair upon presentment of evidence of full payment by Owner of such repair work.
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