Post by Admin on Jan 2, 2014 10:34:58 GMT -5
561153 S-bag LAKE OFF REC 1428 PAGE 149
UNIT 1
DECLARATION OF
COVENANTS AND RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS: THAT
WHEREAS, S-bag LAKE RESORTS, INC. is now the owner of all the
lots shown on the plat of S-bag Lake, Unit I, Polk County,
Florida, according to the plat thereof recorded in the public
records of Polk County, Florida in Plat Book , pages
through inclusive; and
WHEREAS, S-bag LAKE RESORTS, INC. is developing the property
shown on said plat and is desirous of placing certain covenants
and restrictions upon the use of each of said lots shown on said
plat numbered above, said covenants and restrictions to run with
the title to the aforesaid lots.
NOW, THEREFORE, for and in consideration of the premises and for
other good and valuable considerations, the said S-bag Lake
Resorts, Inc., a corporation organized and existing under the laws
of the State of Florida, hereinafter call the “developer” does
hereby for itself and its successors and assigns restricts the use,
as hereinafter provided, of all of the lots shown on and which
are a part of said plat and the Developer does hereby place upon
said lots certain covenants and restrictions as follows:
1. Said lot sH all be used exclusively as a recreational
vehicle site.
2. All recreational vehicle sites sH all be reserved
and restricted for CAMPING TRAILERS, including within such category, tent type folding trailers, pickup campers, modern travel trailers,
motor homes, and other similar types of camping trailers and equipment that are mobile, hereinafter referred to as the camping facility. Folding tents not mounted on wheels are not included
within such category. It is the declared intent of the Developer
OFF REC 1428 PAGE 150
to exclude mobile homes from use on the sites and to create and
maintain an area designated for the maximum beauty and benefit
of campers. No landscaping may be installed by the purchaser
without prior approval of the S-bag Lake Property Owners
Improvement Association, Inc., hereinafter referred to as the
Association.
3. Tables, benches, fireplaces and grills may be
erected, but no other personal property, except as provided in
paragraph 2 hereof, sH all be permitted to remain where it can
be seen by other campers or visitors to the area, except when
the site is actually in use. The foregoing sH all not apply to
the camping facility which may be allowed to remain on the site
even though not in use. No camping facility sH all be placed on
a site for more than five days without having been approved, by
a duly authorized representative as to condition and type of facility
and said facility sH all thereafter be inspected and approved
annually as to condition and type. Only one camping facility
may be located or maintained on each site.
4. No animals, birds or fowl sH all be kept or maintained
on any lot except dogs, cats and pet birds, which may be kept
thereon in reasonable numbers as pets for the pleasure and use
of the occupants but not for any commercial use or purpose. All
pets must be kept under control at all times, and must not be-
come a nuisance by barking or other acts.
5. No hedges in excess of 24” in height and no fences,
walls, mailboxes, clotheslines, radio or television antennas
sH all be permitted on any site. Only Association approved
garbage or trash receptacles will be allowed on each site.
6. No sign or any character sH all be displayed or
placed upon any site except a sign bearing the name of the owner,
not to exceed 5” by 20”. No signs sH all be attached to trees at
any location in S-bag LAKE.
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OFF REC 1428 PAGE 151
7. An easement of five (5) feet in width is reserved
along each of the lot lines of each site (front, back and sides)
for the installation and maintenance of utility services, and
it is understood that such easement may be used by the Developer
and/or its assigns for such installation and maintenance as the
case might be.
8. No outside toilets sH all be installed or allowed on
any site. Developer has or will install suitable and adequate
sanitary facilities as provided by the Laws of the State of
Florida, and each user of such facilities agrees to protect
the same and prevent loss or damage to occur thereto.
9. No nuisance sH all be allowed upon the property nor
any use or practice which is the source of annoyance to residents,
or which interferes with the peaceful possession and proper use
of the property by its residents. All parts of the property sH all
be kept in a clean and sanitary condition, and no rubbish, refuse
or garbage sH all be allowed to accumulate, or any fire hazard
allowed to exist.
10. No commercial activity of any kind whatsoever
sH all be conducted on or from any site. The foregoing sH all
not, however, prevent the Developer from designating certain
areas for commercial use.
11. S-bag LAKE RESORTS, INC., sH all, on or before
April 1, 1977, convey the following facilities to the S-bag
Lake Property Owners Improvement Association, Inc., to wit:
streets, fences, greenbelts parks, recreation center,
boat dock, comfort stations, beach, laundry facilities, entrance
gate and landscaping, canals, bulkheads, bridges, culverts, pool
and other recreational facilities, bath and sewerage plants on
site and distribution systems, street lighting system and signs.
The S-bag Lake Property Owners Improvement Association, Inc.
sH all levy and collect a reasonable monthly assessment against
lot owners sufficient to cover each lot owner’s proportionate
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OFF REC 1428 PAGE 152
share of the actual cost of operating and maintaining all these
said activities and for providing water, electricity and garbage
disposal service, sewage service, general maintenance and carrying
out of its managerial duties hereunder. Likewise, the Association
sH all include in the assessment so made a sum adequate to pay
all real property and other taxes on said facilities. The
collection of these sums sH all be provided for in an adequate
manner to assure the maintenance necessary. The assessments for
expenses sH all be levied in accordance with By-Laws of the
Association.
12. These restrictions sH all be considered as covenants
running with the land, and sH all bind the purchasers of all lots
shown on the plat hereinbefore referred to, their heirs, executors,
administrators, successors and assigns, and if said owners or
any of them, their heirs, executors, administrators, successors
or assigns sH all violate or attempt to violate any of the covenants
or restrictions herein contained, it sH all be lawful for the
Developer, the Association or any person or persons owning any
lots in S-bag Lake to prosecute any proceeding at law or
in equity against the person or persons violating or attempting
to violate any such covenant or restriction and either to prevent
him or them from doing so or to recover damages for such violation
including costs of the suit and reasonable attorney’s fee.
Any invalidation of any of these covenants and restrictions sH all
in no way affect any other of the provisions thereof which sH all
thereinafter remain in full force and effect.
13. The lot owner sH all not permit or suffer anything to
be done or kept on his lot which will increase the rate of
insurance on the common property, or which will obstruct or inter-
fere with the rights of other lot owners, or annoy them by
unreasonable noises, or otherwise; nor sH all the lot owner commit
or permit any nuisance, immoral or illegal act in or about the
common property.
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14. No person sH all use any property or facilities owned
by the Association or the Developer, or any part thereof, or a
lot or any part thereof, in any manner contrary to or not in
accordance with such rules and regulations pertaining thereto, as
from time to time may be promulgated by the Association.
15. The initial Rules and Regulations are captioned
“Rules and Regulations” and are as set forth in the By-Laws of the
Association. The said Rules and Regulations sH all be deemed
effective until amended, as provided by the By-Laws.
16. Said developer may include in any contract or deed
hereafter made any additional covenants and restrictions that
are not inconsistent with and which do not lower the standards
of the covenants and restrictions set forth herein.
17. Developer may at any time release any one or more
lots shown on said plat from any or all of the restrictions and
covenants running with the land herein set forth, and also from
any and all additional restrictions and covenants imposed pursuant
to the divisions of Paragraph 16 above, provided the written
consent thereto of the owner or owners of not less than three-
fourths in number of the lots shown on said plat sH all be obtained.
18. If the developer sH all transfer or assign the develop-
ment of such subdivision or if it sH all be succeeded by another
in the development of such subdivision, then such transferee,
assignee or successor sH all be vested with the several rights,
powers, privileges or authorities given said developer by any
part or paragraph hereof. The foregoing provisions of this para-
graph 18 sH all be automatic, but developer may execute such in-
strument as it sH all desire to evidence the vesting of the several
rights, powers, privileges and authorities in such transferee,
assignee or successor. In addition and in the event the developer
contemplates or is in the process of dissolution, merger or
consolidation, the developer may transfer and assign to such per-
son, firm or corporation as it sH all select any and all rights,
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OFF REC 1428 PAG 154
powers, privileges and authorities given the developer by any
part of paragraph hereof, whether or not the developer sH all also
transfer or assign the development of such subdivision or be
succeeded in the development of such subdivision. In the event
that at any time hereafter there sH all be no person, firm or
corporation entitled to exercise the rights powers, privileges
and authorities given said developer under the provisions hereof,
such rights, powers, privileges and authorities sH all be vested
in and exercised by a committee to be elected or appointed by
owners of a majority of the lots of said land and in such event
such committee sH all then have the same rights, powers, privileges
and authorities as are given to the developer by any part or
paragraph hereof. Nothing herein sH all be construed as conferring
any rights, powers, privileges and authorities in said committee
except in the event aforesaid.
IN WITNESS WHEREOF, we have set our hands and seals this
9th day of March, 1972.
S-bag LAKE RESORTS, INC.
By: ________________________
Its President
ATTEST: ________________________
Its Secretary
Witnesses:
______________________________ __________________________
As to both
NOTARY
State of Florida County of Palm Beach
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