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AMENDED
AND RESTATED
DEED OF RESTRICTIONS FOR BAREFOOT BAY
THIS DECLARATION, is made as of 1st day of October , l999
by and on behalf of the owners of real property located in the Barefoot Bay development in
Brevard County, Florida.
WITNESSETH
WHEREAS, Barefoot Bay is a residential development located in Brevard County, Florida,
which consists of the following platted subdivisions which are collectively known as "Barefoot Bay".
BAREFOOT BAY UNIT ONE, recorded in Plat
Book 22, Page 100, of the Public records of
Brevard County,
Florida.
BAREFOOT BAY UNIT TWO, PART
TEN, recorded in Plat
Book 22, Page 105; and Replat thereof recorded in Plat Book 26, Page 5 of the public
records of Brevard County, Florida.
BAREFOOT BAY UNIT TWO, PART ELEVEN, recorded
in Plat Book 22, Page 116,
of the public records of Brevard County, Florida.
BAREFOOT BAY UNIT TWO, PART TWELVE, recorded in Plat Book
22, Page 79, of the public records of Brevard County, Florida.
BAREFOOT BAY UNIT TWO, PART THIRTEEN, recorded in Plat Book
23, Page 29, of the public records of Brevard county, Florida.
BLOCKS 3 through 9 and North half of Block 10 of HAVEN
GREEN, recorded in Plat Book 12, page 107; and Replat thereof, recorded in Plat Book 24,
Page 102, both of the public records of Brevard County, Florida; and
WHEREAS the
developers of Barefoot Bay have previously recorded a deed of Restrictions and subsequent
amendments thereof which are cumulated and most recently stated in an Amended Deed of
Restrictions applicable to the said subdivisions which are recorded at Official Records
Book 2247, page 1359 of the Public Records of Brevard County, Florida, and amendments
which are respectively recorded at Official Records Book 2391, page 2461 and Official
Records Book 2678, page 2606 of the public records of Brevard County, Florida
(collectively the" Prior Restrictions"); and
WHEREAS, the Prior
Restrictions provide that the terms and conditions of the Prior Restrictions may be
amended upon approval of a majority of the owners of residential lots in Barefoot Bay; and
WHEREAS, this Amended
and Restated Deed of Restrictions has been approved in writing as a revised, amended and
restated amendment of the Prior Restrictions by a majority of the owners of the platted
residential lots in Barefoot Bay.
NOW, THEREFORE, the
property owners in Barefoot Bay declare that all property within the subdivisions
described herein above, shall be held, sold, and conveyed subject to the terms and
conditions of this instrument, which are for the purpose of protecting the value and
desirability of all property in Barefoot Bay, which shall run with the title to all lots
within the said subdivisions and which shall be binding upon all parties having any right,
title or interest in any lot within Barefoot Bay.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to
Barefoot Bay Homeowners Association, a Florida Corporation and its successors and assigns.
Section 2."Recreation District"shall mean and refer to the Barefoot Bay
Recreation District created under Brevard County Ordinance No. 84-05 and Section 418.30 et.seq.,
Florida Statutes.
Section 3. "Owner" and "Lot Owner"shall
mean and refer to the record owner, whether one or more person or entities, of a fee
simple title to any lot which is a part of Barefoot Bay.
Section 4. "Lot" shall mean any lot of record appearing on any of the
recorded plats of Barefoot Bay enumerated in the recitals of this instrument. If any
manufactured or modular home has been placed on two adjacent platted lots in a manner such
that the home is located across the platted boundary between such platted lots, the two
platted lots shall be treated as a single Lot for purposes of this instrument.
ARTICLE II
ARCHITECTURAL REVIEW & CONTROL
Section 1. Architectural Review & Control Committee.
An Architectural Review & Control Committee ("ARCC") shall be established
to enforce the provisions of this article. The ARCC shall consist of five (5) members, who
shall be appointed as follows:
(A) The Board of Trustees of the Recreation District shall appoint a Member of the Board
of Trustees to serve as Chairman of the ARCC.
(B) Three additional members of the ARCC shall be appointed as follows: One (1) by the
Board of Trustees and Two (2) by the Association, all of whom shall be Lot owners.
(C ) The fifth member shall be a management employee of the Recreation District and shall
serve as Secretary of the ARCC.
The term of the members of the ARCC shall be for an indefinite period.
Each member shall serve at the pleasure of the authority which made his or her
appointment, and each member shall serve on the ARCC until he or she is replaced, resigns
or otherwise leaves office. The ARCC shall hold an organizational meeting each year as
soon after January 1 as is practicable. The ARCC shall select a Vice-Chairman from among
is membership at the organizational meeting. The ARCC shall also adopt such rules and
procedures as it may deem to be appropriate; provided, however, that such rules may not be
inconsistent with the provisions of this Article.
Section 2. Requirements for approvals by ARCC.
No building or other structure shall be erected or placed on any Lot,
nor shall the exterior of any such building or structure or the driveways or parking areas
serving such building or structure be altered in any way unless and until two sets of the
complete building plans, two sets of complete specifications and two copies of a plot plan
have been submitted to the ARCC and approved by it in writing. An application for such
approval shall demonstrate to the satisfaction of the ARCC that:
1. The said building or other structure complies in all respects with the Provisions of
this instrument; and
2. The said building or other structure is in conformity and harmony with such written
rules as may from time to time be adopted by the ARCC.
The ARCC's approval of the said plan specifications and plot plans shall be evidenced by
the signature of its Chairman or Vice-Chairman on the plans, specifications and plot plans
submitted by an applicant. One set of approved plan shall be returned to the applicant and
the other shall be retained by the ARCC among its permanent records.
In the event the ARCC fails to approve or disapprove an application within thirty (30)
days after the complete application has been submitted to the ARCC, the ARCC shall be
deemed to have approved the application in all respects.
The ARCC shall have the authority to promulgate regulations relating to all construction
and landscaping for lots within Barefoot Bay. Such regulations may, without formal
amendment of this Deed of Restrictions, be created, amended, modified, altered or changed
by a majority vote of the ARCC, provided, however, that notice of any such amendment,
modification, alteration or change to the regulations shall be given in writing to the
Recreation District as soon as practicable after adoption thereof by the ARCC. A copy of
any such amendment, modification, alteration or change to such a regulation shall be
maintained in the offices of the Recreation District and shall be made available on
request to any interested party upon payment of a reasonable copying fee.
In the event that a dispute arises in the interpretation by the ARCC of any requirement of
this Article or of the regulations provided for herein above, such dispute shall be
resolved by a majority vote of the Recreation District, whose decision shall be final and
binding.
Section 3. Architectural Design and
Installation Requirements.
A manufactured or modular home installed on any lot in
Barefoot Bay shall meet the following design and installation requirements and shall be
continuously maintained in compliance with such requirements.
(A) All such homes shall be installed at the Lot Owners expense, and such installation
shall have the following features and conform to the following requirements:
1. A patio roof, including posts and fascia, fabricated of aluminum or other approved
material.
2. A carport roof, including posts and fascia, fabricated of aluminum or other approved
material.
3. (amended) A patio slab made of poured concrete, brick pavers, or
other approved material.
4. A covered concrete carport slab having a minimum unobstructed area (except for steps)
of eleven (11) feet by eighteen (18) feet.
5. A concrete driveway extending from the carport slab to the curb of the adjacent street
which driveway shall include a widened or flared area as it approaches the street.
All driveways and parking areas shall be of poured and reinforced concrete material.
6. (amended) Skirting material sufficient to enclose the entire base of the
home. The skirting may be stucco skirting, stone skirting, outdoor Hardi Board skirting, or other approved material
7. Central water, sewer and electricity connected to the home.
8. Landscaping with appropriate plants, grass, shrubs and/or trees in compliance with
regulations adopted by the ARCC.
9. No dock. wharf, landing, boathouse or other structure shall extend from any Lot over or
on any lake, canal, waterway or drainage easement.
10. Each home shall be complete, set up on piers, shall be leveled, and shall have a
running gear and tongue of the manufactured or modular home removed.
11. Each manufactured or modular home shall be tied down in acordance with all applicable
building codes and with such installation inspection as required by law.
12. No manufactured or modular home installed on any Lot shall be more than four (4) years
old.
13. A final survey showing the location of the home shall be submitted to the ARCC.
14. A Lamp Post approved by the ARCC shall be installed in front of all Residences
and maintained in operational condition.
15. (Reserved)
16. (new) The address number of all Residences shall be affixed to
the front of the carport or garage in such a manner as to be clearly
visible and legible from the public or private way on which the home
fronts. The numerals of the address number shall not be less than
three (3) inches in height and one-half (1/2) inches in width.
(B) Manufactured or modular homes installed upon lots within Barefoot Bay shall be
installed only by contractors who are duly licensed for such installations by appropriate
governing authorities.
(C) All installation shall meet all the applicable construction codes of Brevard County
and the State of Florida, and shall meet all requirements of the Article.
(D) No more than one manufactured or modular home shall be placed on each Lot within
Barefoot Bay. Two or more sections of a manufactured or modular home may be joined to form
a single dwelling unit.
(E) No manufactured or modular home installed on any Lot after July 1, 1999, shall be less
than 20 feet in width and or less than 34 feet in length, including the hitch.
(F) All manufactured or modular homes place on any lot in Barefoot Bay shall have complete
sanitary facilities including lavatory, wash basin, tub or shower and kitchen sink. All
homes shall be connected to public sewer and a public water supply in conformity with all
requirements of applicable government agencies.
Section 4. Setbacks
The placement and installation of manufactured or modular homes on any
lot in Barefoot Bay shall require the following set backs from Lot lines:
1. Corner Lots
Rear Setback -
7 1/2 feet
Side Setback from Adjacent lot -
7 1/2 feet
Setback from remaining side lot line and front lot line -
10 feet and 15 feet with the property owner having
the choice as to which of the two setbacks shall be 10 feet and which of the
two shall be 15 feet.
2. Interior Lots
Rear Setback -
7 1/2 feet
Side Setback - 7 1/2 feet
Front Setback -
10 feet
3. Measurement of setbacks shall not include air conditioners, walkways,
reception antennas and steps where no vertical supports are used.
Section 5. Fencing
Fencing shall not be permitted along any lot line where drainage canals
or swales exist. Where no drainage canals or swales exist along a lot line, fencing shall
be limited to chain link fencing not exceeding four (4) feet in height.
Section 6. Antennas and Satellite Dishes.
(A) As used in this section, the following terms shall have the
following meanings:
1. "Reception Antenna" shall
mean any device used for receipt of audio or video programming services, including direct
broadcast satellite services and radio and television broadcast services. A reception
antenna which has transmission capability which is designed for the viewer to select or
use video programming is a reception antenna within the meaning of this definition,
provided that it meets the standards of the Federal Communications Commission ("FCC") for radio frequency
emissions. The support structure, cabling, guy wires, conduits, wiring and other
accessories necessary for proper installation maintenance and use of a reception antenna
shall be considered part of the antenna.
2. "Transmitting Antenna" shall mean any device
used for the sending or transmission of audio or video signals.
(B) Installation of transmitting antennas on the exterior of residences
within Barefoot Bay shall be prohibited on and after August 31, 1997. Any transmitting
antenna located on residential property in the Recreation District on August 31, 1997,
shall be permitted to remain in place and utilized by it Owner until such antenna is
destroyed, removed, or damage in an extent of more than 75 % of its value. Upon such
destruction, removal, or damage, such antenna shall not be replaced or repaired.
(C) No reception antenna shall be installed on the exterior of any
structure within Barefoot Bay unless and until written notice of such installation is
submitted to the ARCC. The said written notice shall demonstrate that the proposed
installation complies with all rules and regulations of the FCC and with these rules and
regulations. Any such notice submitted by a tenant shall be accompanied by the written
joinder and consent of the Lot Owner.
(D) All reception antennas installed within Barefoot Bay Recreation
District shall meet the following requirements:
1. Direct broadcast satellite reception antennas shall not exceed forty
inches in diameter.
2. Antennas shall be located in a place shielded from direct view from
the street; provided however, that nothing in this rule shall be deemed to require that
the installation be in a location from which an acceptable quality signal may not be
received.
3. Antennas shall be installed solely on property owned by the Lot Owner
submitting the notice described in paragraph (c ) of this section, and no part of any
antenna installation shall encroach upon common area of the Recreation District or on the
property of any other Owner within Barefoot Bay.
4. No part of any antenna shall be located within seven and one-half (7 1/2) feet of the side lot line or rear lot line of any
Lot; provided, however, that nothing in this rule shall be deemed to require that the
installation be in a location from which an acceptable quality signal may not be received.
5. No antennas shall be installed in a location which is higher than is
absolutely necessary for reception of an acceptable quality signal.
6. Antennas shall be installed and secured in a manner which complies
with all applicable local and state laws and regulations and manufacturer's instructions.
7. Each antenna shall be secured such that it does not jeopardize the
safety of any structure or the safety of any person.
(E) The Owner of reception antenna shall not permit the antenna to fall
into disrepair or to become a safety hazard and the Owner shall be responsible for all
maintenance and repair of the antenna.
(F) Each Owner of a reception antenna shall be responsible for all costs
associated with the antenna, including, but not limited to:
1. The cost to repair, replace, maintain, move and remove the antenna.
2. The damages to common property, other Lots and any other property
damage by the installation , maintenance or use of the antenna.
3. The costs of injury to any persons who may be injured as a result of
the installation or use of the antenna.
Section 7. Enforcement of Architectural Control Requirements.
(A) In the event that the ARCC determines that
there is a violation of the provisions of this Article on any lot in Barefoot Bay, the
ARCC shall give written notice to the Owner of such Lot specifying the nature of such
violation and giving the Lot Owner a reasonable time of not less than 21 days to cure or
correct such violation. Such written notice shall be either: delivered personally to one
of the record owners of the Lot in question as shown on the Brevard County tax rolls, or
mailed by certified U.S. Mail, return receipt requested, to the address of such Owner as
shown on the Brevard County tax rolls.
(B) In the event that the ARCC determines that the Owner to whom such a
notice of violation has been given has not corrected the violation within the time set
forth in the notice, the ARCC may, in its discretion, elect to forward the issue of such
violation to the Board of Trustees of the Recreation District for further action. If the
Board of Trustees of the Recreation District concurs that legal action is necessary to
cause the alleged violation to be corrected, the Recreation District shall thereafter have
the authority to bring an action for injunctive and other appropriate relief in a court of
competent jurisdiction in Brevard County, Florida. If the Recreation District brings such
legal action to enforce the provisions of this Article, the Recreation District shall be
entitled to an award of attorney’s fees and court costs incident to such action.
ARTICLE III
RESTRICTIONS ON USE OF LOTS
Section 1. Residential Use.
No structure other than a single-family residential dwelling shall be
erected, altered, placed or permitted to remain on any lot. Each lot is hereby restricted
to residential use by the Owner or Owners thereof and their immediate families, guests,
lessees and invitees. No commercial or business activity shall be permitted upon any lot
unless the occupant thereof holds a home occupation license issued by Brevard County for
such activity; provided, however, that all lot owners shall comply with the requirements
of Section 8 of the article.
Section 2. Condition of Property.
(A) The
lawn and landscaped areas of each lot shall be maintained at the expense of the Owner or
Resident of such lot. The lawn and landscaped areas shall be maintained in good appearance
and free from all underbrush, all rubbish, and weeds and grass in excess of six inches in
height.
(B) The
exterior of a home on any lot shall be maintained free of mildew, mold and dirt which is
visible when the house is viewed from the street or from any adjacent lot.
(C) The
lawn, landscaped areas, driveways and carports on each lot shall be kept free of all items
of personal property except for customary outdoor items such as exterior patio or porch
furniture, golf carts, vehicles, and barbecue grills. The intent of this requirement is to
prohibit the accumulation and/or storage of items such as indoor furniture, automotive
parts, cartons, boxes, debris and similar property which causes an unsightly appearance or
nuisance if left on or about the exterior of a home.
(D) In the
event that any lawn, landscaped areas, driveway, carport or home is not maintained in
compliance with the requirements of this Section 2, the Recreation District shall have the
right to enter upon the lot and take any action reasonably necessary to cause the home and
lot to come into compliance with the requirements of subsections (A), (B), and (C ) of
this Section. The expense of such action shall be billed by the Recreation District to the
owner, shall be a personal obligation of the owner, and shall be paid by the owner within
thirty days after the owner is provided with written notice of such expenses. If payment
is not made within the said thirty day period, the expense in question shall be and become
a lien upon the said lot until paid, which lien shall have priority as of the date of
recording of a notice thereof in the public records of Brevard County; provided, however,
such lien shall not be superior to the lien for county taxes or the lien for the
Recreation District’s assessments and maintenance fees. The sum so due to the
Recreation District may be collected by either an action of law, or the Recreation
District shall have the right at its discretion to proceed to foreclose the
above-described lien. In the event of such litigation, the Recreation District shall have
the right to recover the costs thereof including a reasonable attorney’s fee.
Section 3. Parking of Vehicles.
(A) No commercial vehicle, recreational vehicle, jet ski, boat, boat
trailer, utility trailer, camper, motor home, camping trailer, truck camper, pick-up truck
with camper top or any vehicle in excess of 25 feet in overall length as measured from the
foremost projection thereof to the rearmost projection thereof, shall be parked on any
lot, driveway, carport or common area within Barefoot Bay, except for (1) commercial
vehicles parked temporarily at a lot for the purpose of providing repair or other services
to the occupant thereof, and (2) those vehicles described in subsection C of this section.
(B) All vehicles described in subsection (A) of this section shall be
parked in vehicle storage areas provided by the Recreation District or in such other areas
outside Barefoot Bay as may be located by the owner.
(C) Notwithstanding any of the foregoing subparagraphs of this section,
a recreation vehicle or a boat mounted upon a boat trailer may be parked in the driveway
on a lot for a period not to exceed 48 continuous hours for purposes of cleaning, loading,
unloading and preventive maintenance. The Recreation District shall be notified in advance
if the owner of a recreation vehicle or boat desires to park such vehicle or boat in his
driveway for such purposes.
(D) Motor vehicles parked at or on a Lot shall be parked only on the
concrete driveway or concrete parking area serving on such Lot. No vehicle shall be parked
on any lawn, grass or landscaped area of a Lot.
Section 4. Pets
(A) Property Owners and their lessees, tenants, guests and invitees
shall be responsible for the control of any pets owned by them while such pets are within
Barefoot Bay. All pets shall be on a leash while being walked or exercised within Barefoot
Bay outside the confines of the Owner's residence or completely enclosed fenced areas of a
residential lot. The Owner of any pet shall be responsible for the immediate removal of
any bodily waste deposited by a pet on any property within Barefoot Bay.
(B) No animals other than a dog or a cat shall be permitted to be kept
as pets on any residential lot. No person shall keep more than two dogs and/or cats in any
combination on any Lot; provided, however, that newborn litters of puppies or kittens may
be kept for a maximum of three months.
(C) No dog houses, kennels or animal cages of any kind shall be allowed
outside of any home on any Lot within Barefoot Bay.
Section 5. Nuisance
No nuisance shall be allowed upon any Lot, nor shall the occupant of any
Lot be permitted to conduct or engage in any activity which interferes with the peaceful
possession and proper use of neighboring property by the Owners thereof. No person shall
make unlawful use of any Lot within Barefoot Bay, and the occupants of all Lots shall
comply with all valid laws, zoning ordinances and regulations of Brevard County and the
State of Florida.
Section 6. Signs
(A) Not more than one sign having a maximum area of 6 square feet may be
used to advertise a Lot Afor sale@ or Afor
rent@ or
to express political views or support. Any such sign shall be made of wood, plastic, or
metal and shall be maintained in good repair, free of faded or peeling paint or other
material. All such signs shall be placed no further than five(5) feet from the front wall
of the home, or in the case of a vacant Lot, the minimum of fifteen (15) feet from the
front line of the Lot, and all such signs shall be oriented such that the face of the sign
is parallel to the front line of the Lot.
(B) Not more than one sign advertising a "Garage
Sale" or "Yard Sale" shall be located on any Lot. All such signs shall
comply with the codes of Brevard County.
(C) Except as provided in subsections (A) and (B) of this section, no
sign of any kind shall be displayed on any residential Lot in Barefoot Bay.
(D) All signs on commercial property within Barefoot Bay shall comply
with all applicable ordinances and regulations of Brevard County.
(E) The Recreation District shall have the right to erect signs within
Barefoot Bay for the purposes of identifying the Barefoot Bay development or providing
directions to or identifying properties owned by the Recreation District.
Section 7. Vehicle Repairs.
No major repair or overhaul of any motorized vehicle shall be performed on any Lot,
roadway, driveway or common area within Barefoot Bay. Minor repairs requiring less than
eight hours of work and washing or polishing of any vehicle is permitted at a residence.
Section 8. Commercial Work and Storage of Materials Outside of
Dwelling Units.
No commercial work or storage of work materials or work equipment shall be permitted on
any Lot outside of a dwelling unit. Additionally, no work material or work equipment shall
be stored in public view in , on or upon any vehicle parked on any Lot.
Section 9. Clotheslines.
No clothesline or devices for hanging or drying of clothes shall be permitted on the
exterior of any home or vacant Lot.
Section 10. Condition of Skirting Material on Home.
The skirting material on all manufactured or modular homes shall be maintained at all
times so that such skirting remains in substantially the same condition as when it was
newly installed. No gaps or openings will be permitted to exist. Vents are to be
maintained in good condition.
Section 11. Motorized Boats.
Except for craft utilized for maintenance purposes by or on behalf of the Recreation
District, no motorized boats shall be operated or otherwise used on any of the lakes,
canals or other waterways within Barefoot Bay.
Section 12. Enforcement of Deed of Restrictions
(A) Violations Committee to assist in the enforcement of the
provisions of this Instrument. The Violations Committee shall advise and consult with a
designated representative of the Recreation District with respect to apparent or alleged
violations of the terms or conditions of this Instrument. The Violations Committee shall
bring apparent or alleged violations to the attention of the Recreation District and shall
consult with the Recreation District's designated representative as to the appropriate
means to correct or remedy such violations. This subsection shall not be deemed to limit
the right of the Recreation District to determine for itself whether such a violation
exists and the appropriate remedy for any such violation.
(B) Notice of Violation In the event that the Recreation
District determines that there is a violation of the provisions of this Instrument on any
Lot in Barefoot Bay, the Recreation District shall give written notice to the Owner or
Occupant of such Lot specifying the nature of such violation and giving the Lot Owner or
Occupant a reasonable time to cure or correct such violation. Such written notice shall be deemed to
be sufficient if it is (I) delivered personally to the occupant of the Lot or the record
Owner of the Lot as shown on the Brevard County Tax Rolls (II) mailed by certified U.S.
Mail, return receipt requested, to the Occupant of the Lot at the address on which the
violation exists, or (III) mailed by certified U.S. Mail, return receipt requested, to the
address of the Owner as shown on the Brevard County Tax Rolls.
(C) Penalties In the event that the Recreation District determines
that the Owner or Occupant of the Lot to whom such notice of violation has been given has
not corrected the violation within the time set forth in the notice, the Recreation
District may, in its discretion, consider the issue of such violation at a regular meeting
of the Board of Trustees of the Recreation District. If the Board of Trustees concurs that
legal action is necessary to cause the alleged violation to be corrected the Recreation
District shall thereafter have the authority to bring an action for injunctive or other
appropriate relief in a Court of competent jurisdiction in Brevard County, Florida. If the
Recreation District brings such legal action to enforce the provisions of this Instrument,
the Recreation District shall be entitled to an award of attorney’s fees and court
costs incident to such action.
ARTICLE IV
FACILITIES OF RECREATION DISTRICT
Section 1. Ownership
The Recreation District by and for the benefit of the property owners of
Barefoot Bay shall be the Owner of all common areas and recreational facilities within
Barefoot Bay. The Recreation District shall have the right to operate and maintain such
facilities for the benefit of the Owners as provided in Section 418.30, et seq., Florida
Statues and Brevard County Ordinance No. 84-5.
Section 2. Rules and Regulations.
The Recreation District shall have the power to adopt the rules and
regulations regarding the use of any facilities owned by it.
Section 3. Social Membership Fee
Each Lot Owner shall, at the time of closing or on the first day of the
month following recording of such Owner's Deed to a Lot in Barefoot Bay, pay to the
Recreation District a social membership fee. The membership fee at the time of recording
of this Amended and Restated Deed of Restrictions is $250.00 plus sales tax per Lot, but
such fee may be increased from time to time as may be determined by the Board of Trustees
of the Recreation District.
The Social Membership Fee shall be a one time charge which is
non-refundable and non-transferable from a Lot Owner to any other party. Such fee shall
entitle the Lot Owner to use of the common facilities of the Recreation District, except
the Golf Course, subject to the Rules and Regulations adopted by the Recreation District
for the use of its facilities. No Lot Owner shall be excused from payment of the Social
Membership Fee by reason of (I) non-use of the facilities, (II) non-residency in Barefoot
Bay, or (III) by virtue of ownership of more than one Lot.
The Lot Owner's obligation for the Social
Membership Fee accrues upon transfer of title to a Lot in Barefoot Bay to such Owner, and
the Recreation District shall have a lien upon such Lot for the Social Membership Fee
until payment of the fee is made. If the Social Membership Fee remains unpaid more than
thirty (30) days next after an owner takes title to a Lot in Barefoot Bay, the Recreation
District's lien shall be subject to foreclosure in a court of competent
jurisdiction in Brevard County, Florida. In any such legal action, the Recreation District
shall be entitled to the award of all court costs and reasonable Attorney's Fee.
Section 4. Recreation District Assessment and/or Maintenance Fee.
All Lot Owners of record within Barefoot Bay shall pay to the Recreation
District the Distric's Recreation District Assessment levied in
accordance with Section 418.30, et seq., Florida Statues and the Recreation District's
Maintenance Fee, charged in accordance with the Prior Restrictions and the Recreation
District's Assignment recorded at Official Records Book 3633, Page 0938, of the Public
Records of Brevard County, Florida. Such fee and/or assessment fee may be levied as a
monthly or annual charge for the acquisition, maintenance and operation of the Recreation
District's facilities. No Lot Owner shall be excused from payment of such fees or charges
by reason of non-use of the Recreation District's facilities or any portion thereof.
Section 5. Use of Golf Course.
None of the charges described previously in this Article shall be
construed to entitle any Lot Owner or any other person to use the Golf Course within
Barefoot Bay without payment of such additional Green Fees or Golf Fees as may, from time
to time, be established by the Recreation District.
ARTICLE V
GENERAL PROVISIONS
Section 1. Easements
The easements and rights of way set forth on the recorded plats of
Barefoot Bay for public utilities are reserved for the creation, construction and
maintenance of utilities such as gas, water, telephone, telegraph, electricity, sewers,
television cables, storm drains, and other functions which are necessary or expedient for
public health and welfare. Along curved blocks, overhead utility lines are permitted
beyond the front and rear easements to the extent necessary to service all Lots in such
blocks. Overhead service wires are permitted across the corner of rear yards where side
Lot lines do not join in the rear at a common corner.
Section 2. Severability
The provisions of this Amended and Restated Deed of Restrictions are
severable, and the invalidation of any one provision by a court of competent jurisdiction
shall not invalidate any other provision hereof. Any provision not affected by such
judgment shall remain in full force and effect.
Section 3. Duration of Covenants
The covenants set forth in this Amended and Restated Deed of
Restrictions shall run with the land and shall be binding on all parties or persons
holding title to Lots in Barefoot Bay for a period of fifteen (15) years from the date of
recording of this instrument. After such period, the provisions set forth in this
instrument shall be extended automatically for successive periods of ten (10) years each.
Section 4. Amendments
Amendments to this instrument may be initiated by a Lot Owner, the
Recreation District, or the Association. Any amendment shall become effective only upon
approval by a majority vote of the Lot Owners in Barefoot Bay, provided however that the
amendment affecting any of the rights or responsibilities of either the Association or the
Recreation District shall have the concurring vote of the Executive Board of the
Association, and/or the concurring vote of the Board of Trustees of the Recreation
District, as applicable. In voting with respect to any proposed amendment of this
instrument, the Owners of each Lot shall be entitled to one vote, and multiple Owners of
any given Lot shall designate which of the Owners shall be entitled to vote on any such
proposal.
ARTICLE VI
PRIOR DEED OF RESTRICTIONS SUPERSEDED
This Amended and Restated Deed of Restrictions supersedes and replaces
the Prior Restrictions cited in the preamble of this instrument; provided, however, that
nothing herein shall affect the rights of the Recreation District to collect assessments
and/or maintenance fees under the prior Deed of Restrictions and the assignment of Right
recorded at Official Records Book 3633, Page 0938, of the public records of Brevard
County, Florida.
ARTICLE VII
CERTIFICATE OF APPROVAL
The undersigned Chairman and Secretary of the Recreation District
certify that this Amended and Restated Deed of Restrictions has been approved and adopted
by the written consent of a majority of the Lot Owners in Barefoot Bay, the concurring
vote of the Executive Board of the Association and the concurring vote of the Board of
Trustees of the Recreation District.
IN WITNESS WHEREOF, the undersigned officers of the Association and the
undersigned officers of the Recreation District have hereunto set their hands and seals
this 1st day of October , 1999
BAREFOOT BAY RECREATION DISTRICT
BY: Jeanne M. Osborne
Jeanne Osborne, Chairman
Attest
BY: Richard Pearson
Richard Pearson, Assistant Secretary
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