Village of Lake Tarpon, Inc
 

DECLARATION OF COVENANTS... is your governing document.  The difference is that you are management, you are the owner.  This is what protects you from attorneys, management companies, board members with intent, etc. from changing your rights as a property owner in our village.  This document was written to protect the homeowner/now owner.  In (10) "These provisions shall continue until January 1, 2067 unless extended....." (please be there to EXTEND). 

 
 
 
 
 
 
 
 
 
 
 
 
The following was put in place by an attorney Hightower in Clearwater, the vote to accept the mortgage was counted in the attorney's office, by two attorneys

October 14, 2004 this was signed by the (2) two LC members representing our not-for-profit Corporation (they were taken off the "management" list with the judgment in February 14, 2004).  Please notice the discrepancy in the two dates.  We became Village of Lake Tarpon, Inc. (not a LC but a Corporation Not-For-Profit) August 30, 2004.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
DECLARATION OF COVENANTS, RESTRICTIONS,

LIMITATIONS, CONDITIONS, CHARGES AND

USES COVERING REAL PROPERTY DESCRIBED

HEREIN________________________________________

 

KNOW ALL MEN BY THESE PRESENTS:

 

                        WHEREAS, Lake Tarpon Mobile Homes, Inc., a Florida corporation (referred to hereinafter as “MANAGEMENT”), is the owner of certain real property described as:

 

LAKE TARPON MOBILE HOME VILLAGE, UNIT THREE,

According to the map or plat thereof as

recorded at Plat Book 64, Page  33 of the

Public Records of Pinellas County, Florida.

(Herinafter referred to as “THE PROPERTY”)

 

                        And, WHEREAS, Management plans to sell and convey the platted lots in said Unit Three for use as mobile homesites, and set aside certain areas in THE PROPERTY as well as Lake Tarpon Mobile Home Village Unite One, plat book 61, page 97, Unit Two, Plat Book 63, Page 50, and Unit Two-A, Plat Book 63, Page 81 of the public records of Pinellas County, Florida, for the joint use of owners or residents in said Units One, Two, Two-A, Three and such other property as may be platted or developed by management hereafter, as and for recreational facilities.

 

                        And, WHEREAS,  Management is desirous of subjecting all of THE PROPERTY to certain Covenants, Restrictions, Limitations, Condition, Charges and Uses for the benefit of all owners of mobile homesites in the said THE PROPERTY, in order to enhance the desirability of living in the mobile home subdivision, to prevent nuisances, to prevent the impairment of the attractiveness of THE PROPERTY, to maintain the desired tone of a property operated and managed mobile home subdivision, and to insure and secure to each site owner the full benefit and enjoyment of his mobile home as well as the recreational facilities in the subdivision, with no greater restriction upon the free and undisturbed use of his site and his right to use the recreational facilities and other facilities that may be provided by Management, than is necessary to insure the same advantages to other site owners and residents in THE PROPERTY and other units or portions developed or to be developed;

 

                        NOW, THEREFORE, the following Covenants, Restrictions, Limitations, Conditions, Charges and Uses of the above described real property are hereby declared, established and prescribed:

 

ONE

 

                        No lot or lots, platted as a part of the PROPERTY shall be used for any purpose except the parking and placement of mobile homes (house trailers) for single family residential use, nor shall any building or structure, or part thereof, be erected, altered, or used on the lots platted, in THE PROPERTY for other than one single family dwelling in the form of a mobile home, together with attached appurtenant accessory structures, provided, however, that the foregoing shall not prohibit Management, its successors, assigns or designees from erecting a recreational, service or social center, or using portions of THE


PROPERTY for other uses as permitted under the present Pinellas County Zoning Regulations, or as may be necessary to provide adequate utilities and services to the property.  No dock, landing, mooring, boathouse, obstruction or other construction shall be built, placed, erected or constructed beyond the high water line of Severn Canal without the express prior written approval of MANAGEMENT.

 

TWO

 

                        In order to insure that lot owners in THE PROPERTY will have adequate and uniform water service and sewage disposal service, Management shall have, and hereby reserves, the exclusive right to furnish or to contract for the furnishing of THE PROPERTY with said services.

 

                        In furtherance thereof, and in connection with the above reservation, Management will charge a monthly charge of $4.00 per mobile home site (as same is defined later) for the furnishing of sewage disposal service.  Management will also charge a monthly charge of $2.00 per mobile home site (as same is defined later) for the furnishing of water service, unless water ito such site is metered, as is hereinafter provided.  Such monthly charges are hereinafter referred to as “utility charge”.

 

                        Management may establish, amend, revise and enforce from time to time in the future, a different rate, or rate schedule for the utility charge reflecting a higher rate than the initial rate heretofor established, provided, however, that such higher rate, or rate schedule, shall at all times be reasonably related to the fluctuation in the purchasing value of the dollar.  In no event shall the utility charge established herein be less than $6.00 per month for each mobile home site.

 

                        The parties hereto acknowledge that the above and foregoing utility charge is reasonable and fair and was set after taking into consideration the nature of this development, such factors as, the size of the lots, the fact that said property is zoned and restricted for the exclusive use of mobile homes, the nature and type of sewage system and water system installed, and serviced, the vact that initially there are no water meters installed which indirectly encourages site owners to utilize more water than would normally be used for lawns and shrubbery care which benefits all owners, and for other valid reasons not enumerated herein.

 

                        Payments by the site owners of such utility charge shall be made monthly to Management or its designee, on the 1st day of each month in advance, at a place designated by Management without the necessity of Management rendering monthly statements therefore.  If the utility charge is not so paid within 10 days after it becomes due, Management may, at its option, cut off the water service to the consumers premises for said nonpayment, and may withhold such service until all delinquencies have been paid in full, including reasonable charges to defray the cost of terminating and restoring service; or may enforce such amounts by lien in the same manner as is provided


in Paragraph Three hereof for delinquent maintenance charges.  The Management reserves the right to install a water meter for any site owner at the expense of the site owner.  The charge for such metered water will be equal to the prevailing rate charged by Pinellas County to single family residences, in lieu of the water service charge of $2.00 herinabove provided.

 

                        The utility charge based upon the above rate, shall be due and payable commencing, as to each mobile home site, when said site is sold by Management, and said charge once in effect, will continue from month to month whether or not said site is vacant or occupied.

 

                        All mobile home site owners, by the acceptance of their respective deeds, together with their respective heirs, successors and assigns, shall take title to and be bound by, all the terms and conditions set forth above as to utilities service and the utility charge.

 

                        Management, or its designees, reserves an easement across each platted lot as shown on the recorded plat of THE PROPERTY for installation and maintenance of all necessary utilities, and shall have the right to construct or permit the construction of sewer, water, electric, telephone, gas and other utility lines or installations in said easements, and to enter upon said lots or parcels for the purpose of such construction and for the maintenance of such utilities.

 

THREE

 

                        Management hereby reserves unto itself and/or its designees or assigns, the exclusive right and privilege to maintain and manage THE PROPERTY.

 

                        In order to provide for proper management and maintenance of THE PROPERTY for the mutual benefit of all owners, Management hereby establishes a monthly assessment or charge against each mobile home site (as same is hereinafter defined) in the sum of $10.00, said charge being hereinafter referred to as “maintenance charge”.

 

                        Said maintenance charge shall be paid to Management, or its designee, on the first day of each month in advance, and shall be in payment for, and to insure the proper management and maintenance of THE PROPERTY.

 

                        The maintenance charge shall be due and payable commencing as to each mobile home site when said site is sold by Management, and said charge once in effect will continue from month to month whether or not said site is vacant or occupied.

 

                        Payment by the site owners for the maintenance charge shall be payable at a place designated by Management, without the necessity of Management rendering monthly statements to the site owners.  In the event the maintenance charge is not paid when due, Management, or its designee, shall have the right to file a lien against said site and the improvements contained


thereon for any such unpaid maintenance charges; and shall have the right to enforce said lien in any manner provided by law for the enforcement of mechanic’s or statutory liens, but Management shall not be restricted to such procedure in the collections of said overdue charges.  In the event of such enforcement, all cost thereof, including reasonable attorney’s fees shall be paid by the owners of the lots against whom enforcement is necessary.

 

                        Management agrees that the above maintenance charge shall not be increased prior to five (5) years from date hereof, but that the maintenance charge may be increased thereafter provided that such increase shall at all times be reasonable and related to the fluctuation of the purchasing value of the dollar.  In no event, however, shall the maintenance charge herein established be less than $10.00 per month.

 

                        Management agrees to pay all property taxes levied and assessed against property owned by Management.  Management shall in no wise be responsible for the payment of any tax levied or assessed against individual mobile homesites or improvements contained thereon.

 

                        Management agrees to pay the cost of maintaining and repairing streets, canals, the recreational area and improvements contained thereon, and landscaping contained in dedicated rights of way.

 

                        Management agrees to pay for and/or provide garbage and trash collection for each mobile homesite, and the recreational areas on a twice per week basis.

 

                        Management agrees to pay for all the electrical service and utilities furnished and used in connection with the recreational area, and the electrical service used in street lighting.

 

                        All lot owners shall keep their properties neat and clean and the grass and shrubbery properly maintained at all times.  No improvements shall be allowed at any time to become in such poor repair or appearance as to be detrimental to the surrounding properties or to become a health or safety hazard.  All lots must be cleared, graded and sodded with grass within one (1) year after date of purchase, or at the time the owner places any improvements thereon, whichever first occurs.  In the event any owner willfully fails to comply with these provisions of standards, or fails to do so by reason of neglect or absence, Management shall have the right and duty to do so and to remedy the defects; and in such event Management shall have the right to charge said site owner a reasonable sum for the work done, and if any owner shall fail to pay such charge, enforcement thereof shall be made by Management in identical fashion to the procedure herein provided for enforcement of delinquent maintenance charges.

 

                        It is specifically understood that Management is not otherwise obligated to maintain any of the individually owned mobile homesites, said maintenance being the sole responsibility of the respective site owners.

 

                        Purchasers from Management of mobile homesites (as same is hereinafter defined) by the acceptance of their deeds, agree to take title subject to and be bound by, and pay, the above and foregoing maintenance and other


charges; and said acceptance of deed shall further indicate approval of said charges as being reasonable and fair, taking into consideration the nature of Management’s project, Management’s investment in the recreational area, and in view of all other benefits to be derived by site owners.

 

FOUR

 

                        The term “mobile homesite” as herein used, shall mean and is hereby defined as being a single platted lot in THE PROPERTY.  No site shall ever be permitted which is less than one such platted lot.  In the event an owner acquires more than one platted lot, each such additional platted lot (or if such additional portion is a fraction of a lot, then such additional portion prorata) shall be liable for utility and maintenance charges as if such additional portion were a separate mobile homesite.

 

FIVE

 

                        Said purchasers of sites, as aforesaid, further by the acceptance of their deeds, and the payment of the purchase price therefore, will have acknowledged that said purchase price was solely for the purchase of said lot or lots and that said purchasers, their heirs, successors and assigns, shall not have any right, title, claim or interest in and to the recreational area and facilities, or the personalty contained therein or appurtenant thereto, by reason of the purchase of their respective lots, it being specifically agreed that Management, its successors and assigns, is the sole and exclusive owner of said facilities.

 

                        However, Management agrees that said facilities shall be set aside, managed and maintained for the sole use and benefit of owners of mobile homesites in THE PROPERTY, owners or residents of other portions of property platted or developed by Management, their guests, invitees or lessees, subject at all times to compliance with these restrictions, the rules and regulations herein referred to, and such reasonable regulations as will insure maximum enjoyment of such facilities by those persons entitled to use them.

 

SIX

 

                        If any lot owner desires to sell his lot, the Management or its designee, shall have the first option to purchase the same for a period of sixty (60) days from the date of written notice thereof at the then fair market value price of the lot, including improvements located thereon.  Notice of the desire to sell shall be given in writing to Management or its designee.

 

SEVEN

 

                        All mobile homesite owners shall abide by and be obligated to comply with the rules and regulations of Management (Lake Tarpon Mobile Homes, Inc.( which are administered by Management for the mutual protection and benefit of all mobile homesite owners of THE PROPERTY, and which are currently in effect at the time of purchase of their lot.  Such rules and


regulations cannot be changed except upon the written approval of a majority of the site owners, and with the consent of Management or at the option of Management.

 

EIGHT

 

                        If any lot owners, or persons in possession of any of said lots or parcels in THE PROPERTY, or any other person, shall violate or attempt to violate any of the covenants or other provisions hereof, any owner of any other lot or parcel in said subdivision, or Management, shall have the right to bring a proceeding at law or in equity against the person or persons violating any such covenants or provisions, to prevent him, or them, from so doing, or to recover damages or other redress for such violation, these restrictions being made both for the benefit of Management and for said owners of said lots or parcels; and in the event of such enforcement, all cost thereof, including reasonable attorney’s fees, shall be paid by any part found to be in default hereof.

 

NINE

 

                        The failure of Management or any subsequent purchasers of a mobile home site, to enforce any covenants, restrictions, limitations, conditions, charges and uses herein contained shall in no event be deemed a waiver of the right to do so thereafter, as to the same breach or as to one occurring prior or subsequent thereto.

 

TEN

 

                        The provisions contained herein shall run with the land and shall bind the land, and the owners thereof, and the heirs, successors and assigns of the owners thereof, and all owners of any portion of the land hereinabove described shall be deemed conclusively to have accepted and agreed to this instrument by the acceptance of title to any such portion of THE PROPERTY herein described.  These provisions shall continue until January 1, 2067, unless extended, modified or amended as hereinafter provided.

 

ELEVEN

 

                        If any of the provisions of this indenture or the application of such provisions to any person or circumstance shall be held invalid, the remainder of this indenture, or the application of such provisions to persons or circumstances other than those as to which it was held invalid, shall be deemed severable and shall not be affected thereby.

 

TWELVE

 

                        The provisions hereof may be extended, modified or amended by the written, recordable consent of the owners of at least 75% of the property herin described, together with consent thereto by Management, its successors and assigns.


 

 

                        IN WITNESS WHEREOFF, the undersigned Corporation has caused these presents to be executed by its proper corporate officers and has set its corporate seal this 22nd day of November, A.D., 1967

 

LAKE TARPON MOBILE HOMES, INC.,

 

 

 

By_____________________________________

                                                            C. I. Larson                                           

Vice President                          

                        CORPORATE SEAL

 

In the Presence of:

 

_________________________ 

Claudia B. Kugleodell

 

 

__________________________-

Emily J. Kramer

 

STATE OF FLORIDA

COUNTY OF PINELLAS

 

                        I HEREBY CERTIFY THAT ON THIS 22ND DAY OF November 1967, before me personally appeared C. J. LARSON, Vice-President of LAKE TARPON MOBILE HOMES, INC., a corporation under the laws of the State of Florida, to me known to be thee person described in and who executed the foregoing Declaration of Covenants, Restrictions, Limitations, Conditions, Charges and Uses covering Real Property herein described, and he acknowledged the execution thereof to be his free act and deed as such officer for the uses and purposes therein mentioned and that he affixed thereto the official seal of said corporation and the said instrument is the official act and deed of said corporation.

 

                        WITNESS my signature and official seal at Clearwater, in the county of Pinellas, and State of Florida, the day and year last aforesaid.

 

 

___________________________________

Donald A. West                       

Notary Public, State of Florida at Large

My Commission Expires May 4, 1969

Bonded through Fred W. Diestelhorst