Covenants and Restrictions of Indian Ridge
WHEREAS, THE GREATER CONSTRUCTION CORP, a Florida corporation, is the owner of the following real property located in Osceola County, Florida, to wit:
Lots 1 through 617, inclusive, INDIAN RIDGE UNIT ONE to FIVE according to the Plat thereof, recorded in Plat Book Page 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 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 Ridge Subdivision (including all phases of the Subdivision) and such powers and responsibilities shall thereafter be assumed by the board of Directors of any Homeowners’ Association made up of residents of the Indian Ridge Community (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 the subdivision, including all phases thereof, 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. All dwellings shall be erected and maintained in compliance with the applicable setback requirements of Osceola County and any governmental entity having jurisdiction over the subject property.
7. 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. 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.
8. 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.
9. 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.
10. 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.
11. 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, 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, 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. Further, notwithstanding anything herein or provided by law to the contrary, no fence, wall or other building or structure shall be erected, placed or altered on, along or within any Pedestrian Walkway Easement (herein the “Plat easements”) shown on the Plat of Indian Ridge Unit Five (the “Subdivision”), except for landscaping which does not interfere with the facilities constructed or permitted to be constructed by Declarant within the Plat Easements or the use for which the Plat Easements are reserved as herein provided or as provided on the Plat. Declarant reserves the right to construct and maintain within the Plat Easements, sidewalks, fences, and landscaping to serve the Subdivision and additional phases of Indian Ridge. Further, no fence, wall or similar structure shall be erected, placed or altered on any lot unless such fence, wall or structure is of either wood or masonry construction. No chain link fences shall be erected or placed on any lot within the Subdivision. Provided, however, nothing herein contained shall be construed so as to prohibit the Declarant from erecting temporary barriers or fences of chain link or similar materials in connection with the construction of dwelling units on the lots within the Subdivision or to prohibit the Declarant from erecting or placing any chain link fences within or around any common areas or retention areas located within the Subdivision.
12. 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 equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
13. 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.
14. 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 (except for sidewalks, fences and landscaping which Declarant or its successors or assigns may from time to time construct within the Plat Easements are referenced in these Restrictions) shall be placed or permitted to remain which any 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.
15. Water service for all lots shall be provided by a public or privately owned water system and the Owners of residences shall pay the monthly charges for such services as are from time to time imposed. All lots shall be serviced by septic tanks, the maintenance and repair of which shall be the responsibility and obligation of the lot Owner. In addition, Declarant has caused or may cause 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 various tracts shown on the recorded plats of the Indian Ridge 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 Subdivision and the residents of the Subdivision and other phases (existing or future) of the Indian Ridge Subdivision; (c) the construction, operation and maintenance of street lighting for the Subdivision; and (d) any other purpose approved for the MSTU by the applicable governmental jurisdiction. The provisions of any such MSTU upon its establishment may place upon all residents of the Indian Ridge Subdivision the obligation of payment for the construction, maintenance and upkeep provided for under the MSTU. Upon its establishment, the specific terms of any such MSTU may be obtained from the applicable county department(s).
16. The covenants and restrictions set forth in these Restrictions shall run with and bind the land for a term of thirty (30) years from the date these Restrictions are recorded, after which time they shall be automatically extended for successive periods of ten (10) years. These Restrictions may be amended, in whole or in part, by an instrument signed by not less than seventy-five percent (75%) of the lot Owners; provided, however, so long as the Declarant is the owner of one or more lots within the Subdivision, any amendment shall require the written consent of the Declarant. Any amendment must be recorded in the Public Records of Osceola County, Florida.
17. Enforcement of these Restrictions shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any restriction either to restrain violation or to recover damages, and the Declarant hereunder shall be entitled to recover from the person or persons violating these Restrictions any and all costs and fees associated with the enforcement of these Restrictions, including reasonable attorneys’ fees.
18. Invalidation of any one of these restrictions by judgment or court order shall in no wise effect any of the other provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, THE GREATER CONSTRUCTION CORP. has caused these presents to be executed by its duly authorized officers and its corporate seal to be hereunto affixed this day of 1991.
Signed, sealed and delivered in the presence of:
Robert A. Mandell President