Phase I & Phase II Amendments
AMENDMENT TO DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REMINGTON OAKS PHASE I
THE FOLLOWING AMENDMENT is made to the Declarations of Covenants, Conditions, and Restrictions of Remington Oaks Phase I (hereinafter “Declarations”), dated on or about June 1, 2000, as heretofore recorded on June 7, 2000, in Official Records Book 4471, pages 0034 through 0048 of the Public Records of Polk County, Florida.
WHEREAS, the Declarations cover that certain real property described as Remington Oaks Phase I, as recorded in Plat Book 110, Page 36, of the Public Records of Polk County, Florida (hereinafter the “Property”), and are binding upon all parties having any right, title or interest in the aforesaid described Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each other thereof; and
WHEREAS, the Declarations provide in Article VIII, Section 3 that the Declarant reserves the exclusive right to amend the Declarations for a period of three (3) years from the date the Declarations are recorded, and such amendment can be effected without the approval of any other Lot Owner;
NOW, THEREFORE, the following Amendment is hereby made to the Declarations:
ARTICLE V, Section 2 is hereby deleted in its entirety and the following new paragraph is substituted in lieu thereof:
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used to promote the health, safety, and welfare of the residents in the Development and for the improvements and maintenance of the Common Area. Without limitation, the assessments shall also be used to maintain systems, pumps, and other improvements on the Common Area, retention areas, buffer zones, entrances, landscaped islands, medians, and all other dedicated areas within the Development. Additionally, the assessment shall be used to maintain informational signs identifying the subdivision, sign lighting, and utilities within the Property in order to improve or maintain the property values within the Development.
[SIGNATURE APPEARS ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set his hand and seal this _____ day of ___________, 2000.
Signed, sealed and delivered REMINGTON OAKS, LTD.
in the presence of: a Florida limited partnership
By Its General Partner:
Master Built, Inc.
a Florida corporation
_______________________________ By:___________________________
Print name:__________________________________________ ELLIS WAYNE JENKINS, President
_________________________________
Print name:_____________________________________________
STATE OF FLORIDA
COUNTY OF POLK
The foregoing was acknowledged before me on this _____ day of _____________, 2000, by ELLIS WAYNE JENKINS, as President of MASTER BUILT, INC., a Florida corporation, which is the General Partner of Remington Oaks, Ltd., a Florida limited partnership, for and on behalf of the corporation and the partnership, who [ ] is personally known to me or who [ ] has produced __________________________ as identification.
__________________________________________
Notary Public
My commission expires:
JANUARY 2010 BOARD OF DIRECTORS NOTE: THIS SECOND AMENDMENT TO THE DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REMINGTON OAKS PHASE I IS INVALID, IT WAS FILED AFTER THE DATE STIPULATED IN THE COVENANTS
SECOND AMENDMENT TO
DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REMINGTON OAKS PHASE I
THE FOLLOWING AMENDMENT is this 18th day of October, 2004, to the Declarations of Covenants, Conditions, and Restrictions of Remington Oaks Phase I (hereinafter ADeclarations@), dated on or about June 1, 2000, as heretofore recorded on June 7, 2000, in Official Records Book 4471, pages 0034 through 0048 of the Public Records of Polk County, Florida.
WHEREAS, the Declarations cover that certain real property described as Remington Oaks Phase I, as recorded in Plat Book 110, Page 36, of the Public Records of Polk County, Florida (hereinafter the AProperty@), and are binding upon all parties having any right, title or interest in the aforesaid described Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each other thereof; and
WHEREAS, the Declarations provide in Article VIII, Section 3 that the Declarant reserves the exclusive right to amend the Declarations for a period of three (3) years from the date the Declarations are recorded, and such amendment can be effected without the approval of any other Lot Owner;
NOW, THEREFORE, the following Amendment is hereby made to the Declarations:
1. ARTICLE VII, Section 10 is hereby deleted in its entirety and the following new paragraph is substituted in lieu thereof:
Section 10. Parking. All vehicles which would otherwise be permitted on a Lot must be in operative condition and bear current year=s tag and may not be parked on any grassed area or vacant Lot; provided, however, no overnight street parking shall be permitted except on a temporary basis. No tractor trailers, truck vans, or trucks larger than a three-quarter (3/4) ton capacity shall be parked on the Property unless inside the garage, except for commercial delivery service vehicles actually engaged at such time in delivery services. No vehicles, boats, or trailers shall be repaired on the Property, except for emergency repairs. No mobile homes, house trailers, or trucks (other than pick-up trucks) shall be permitted on the Property at any time. No campers, motor homes, or tents shall be used on the Property as a residence, either temporarily or permanently, but campers, boats, and trailers may be permitted on a Lot if stored out of view from the street in either a garage, approved outbuilding or behind a privacy fence. No Owner, except as specifically provided herein, may park a recreational vehicle, other than inside his garage, for any period of time longer than forty-eight (48) hours during any fourteen (14) day period. During such period, the recreational vehicle must park behind the front corner of the house. No Owner shall at any time park or store any motor vehicles, trailers, equipment or other personal property within the Common Area.
2. ARTICLE VII, Section 24 is hereby added:
Section 24. Storage. No Owner shall store outside on any Lot, any yard maintenance equipment, including wheelbarrows, lawnmowers or other type of equipment or any motorcycles, bicycles or other similar items.
3. ARTICLE VIII, Section 1 is hereby deleted in its entirety and the following new paragraph is substituted in lieu thereof:
Section 1. Enforcement. The Declarant, for so long as he shall be an Owner, the Association or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the Declaration and the prevailing party in any such action shall be entitled to be reimbursed reasonable attorney=s fees and costs for such action. Failure by the Declarant, Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In addition to the foregoing, the Declarant or the Association or any Owner shall have the right to have a court enforce this Declaration by injunction, both temporary and permanent.
In addition to the foregoing, the Association shall have the right to impose a fine of $25.00 for each violation of this Declaration not corrected within twenty-four (24) hours of the giving of notice of such violation. The fine shall be per day of each day of the violation and the Association shall be entitled to a lien on the property in the same manner as an Assessment provided in Article V hereof.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set his hand and seal this _____ day of ___________, 2004.
Signed, sealed and delivered REMINGTON OAKS, LTD.
in the presence of: a Florida limited partnership
By Its General Partner:
Master Built, Inc.
a Florida corporation
_______________________________ By:___________________________
Print name:__________________________________________ ELLIS WAYNE JENKINS, President
_________________________________
Print name:_____________________________________________
STATE OF FLORIDA
COUNTY OF POLK
The foregoing was acknowledged before me on this _____ day of _____________, 2004, by ELLIS WAYNE JENKINS, as President of MASTER BUILT, INC., a Florida corporation, which is the General Partner of Remington Oaks, Ltd., a Florida limited partnership, for and on behalf of the corporation and the partnership, who [ ] is personally known to me or who [ ] has produced __________________________ as identification.
__________________________________________
Notary Public
My commission expires:
AMENDMENT TO
DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REMINGTON OAKS PHASE II
THE FOLLOWING AMENDMENT is made this 18th day of October, 2004, to the Declarations of Covenants, Conditions, and Restrictions of Remington Oaks Phase II (hereinafter ADeclarations@), dated on or about October 27, 2003, as heretofore recorded on October 29, 2003, in Official Records Book 5562, pages 1885 through 1899 of the Public Records of Polk County, Florida.
WHEREAS, the Declarations cover that certain real property described as Remington Oaks Phase II, as recorded in Plat Book 121, Page 13, of the Public Records of Polk County, Florida (hereinafter the AProperty@), and are binding upon all parties having any right, title or interest in the aforesaid described Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each other thereof; and
WHEREAS, the Declarations provide in Article VIII, Section 3 that the Declarant reserves the exclusive right to amend the Declarations for a period of three (3) years from the date the Declarations are recorded, and such amendment can be effected without the approval of any other Lot Owner;
NOW, THEREFORE, the following Amendment is hereby made to the Declarations:
1. ARTICLE VII, Section 10 is hereby deleted in its entirety and the following new paragraph is substituted in lieu thereof:
Section 10. Parking. All vehicles which would otherwise be permitted on a Lot must be in operative condition and bear current year=s tag and may not be parked on any grassed area or vacant Lot; provided, however, no overnight street parking shall be permitted except on a temporary basis. No tractor trailers, truck vans, or trucks larger than a three-quarter (3/4) ton capacity shall be parked on the Property unless inside the garage, except for commercial delivery service vehicles actually engaged at such time in delivery services. No vehicles, boats, or trailers shall be repaired on the Property, except for emergency repairs. No mobile homes, house trailers, or trucks (other than pick-up trucks) shall be permitted on the Property at any time. No campers, motor homes, or tents shall be used on the Property as a residence, either temporarily or permanently, but campers, boats, and trailers may be permitted on a Lot if stored out of view from the street in either a garage, approved outbuilding or behind a privacy fence. No Owner, except as specifically provided herein, may park a recreational vehicle, other than inside his garage, for any period of time longer than forty-eight (48) hours during any fourteen (14) day period. During such period, the recreational vehicle must park behind the front corner of the house. No Owner shall at any time park or store any motor vehicles, trailers, equipment or other personal property within the Common Area.
2. ARTICLE VII, Section 24 is hereby added:
Section 24. Storage. No Owner shall store outside on any Lot, any yard maintenance equipment, including wheelbarrows, lawnmowers or other type of equipment or any motorcycles, bicycles or other similar items.
3. ARTICLE VIII, Section 1 is hereby deleted in its entirety and the following new paragraph is substituted in lieu thereof:
Section 1. Enforcement. The Declarant, for so long as he shall be an Owner, the Association or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the Declaration and the prevailing party in any such action shall be entitled to be reimbursed reasonable attorney=s fees and costs for such action. Failure by the Declarant, Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In addition to the foregoing, the Declarant or the Association or any Owner shall have the right to have a court enforce this Declaration by injunction, both temporary and permanent.
In addition to the foregoing, the Association shall have the right to impose a fine of $25.00 for each violation of this Declaration not corrected within twenty-four (24) hours of the giving of notice of such violation. The fine shall be per day of each day of the violation and the Association shall be entitled to a lien on the property in the same manner as an Assessment provided in Article V hereof.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set his hand and seal this _____ day of ___________, 2004.
Signed, sealed and delivered REMINGTON OAKS, LTD.
in the presence of: a Florida limited partnership
By Its General Partner:
Master Built, Inc.
a Florida corporation
_______________________________ By:___________________________
Print name:__________________________________________ ELLIS WAYNE JENKINS, President
_________________________________
Print name:_____________________________________________
STATE OF FLORIDA
COUNTY OF POLK
The foregoing was acknowledged before me on this _____ day of _____________, 2004, by ELLIS WAYNE JENKINS, as President of MASTER BUILT, INC., a Florida corporation, which is the General Partner of Remington Oaks, Ltd., a Florida limited partnership, for and on behalf of the corporation and the partnership, who [ ] is personally known to me or who [ ] has produced __________________________ as identification.
__________________________________________
Notary Public
My commission expires:
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