FIRST AMENDMENT TO SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITION AND RESTRICTIONS FOR BELLA COLLINA
5. Article I, Section 22 shall be deleted in its entirety and replaced with the following:
"DECLARANT" shall mean and refer to DCS REAL ESTA TE INVESTMENTS, LLC, a Florida limited liability company, and any successor or assign thereof to which DCS REAL EST A TE INVESTMENTS, LLC, specifically assigns all or part of the rights of Declarant hereunder by an express written assignment, whether recorded in the Public Records of the County or not. The written assignment may give notice as to which rights of Declarant are to be exercised and as to which portion of the Total Property. In any event, any subsequent declarant shall not be liable for any default or obligations incurred by any prior declarant, except as may be expressly assumed by the subsequent declarant, and any prior Declarant shall not be liable for any subsequent default or obligations incurred by any subsequent Declarant. An Owner shall not, solely by the purchase of a Home and/or Lot, be deemed a successor or assign of Declarant under the Bella Collina Documents unless such Owner is specifically so designated as a successor or assign of such rights in the instrument of conveyance or any other instrument executed by Declarant.
6. Article I, Section 26 shall be deleted in its entirety.
7. Article l, Section 31 shall be amended as follows (additions are shown as double-underlined and deletions are shown as
"IMPROVEMENT" shall mean all structures or artificially created conditions and appurtenances thereto of every type and kind located within Bella Collina, including, without limitation, buildings, walkways,
horse trails, berms, fountains, sprinkler pipes, gatehouses, roads, driveways, fences, retaining walls, underground footers and other foundation supports, stairs, landscaping, hedges, plantings, poles, swings, tennis courts, swimming pools, covered patios, screen enclosures, jogging, bicycling and walking paths, basketball backboards and hoops, signs, site walls, gazebos, benches, mailboxes, decorative street lights and signs.
8. Article II, Section I shall be amended as follows (additions are shown as double-underlined and deletions are shown as
GENERAL PLAN OF DEVELOPMENT. Bella Collina comprises the Committed Property encompassing, or which will encompass, Lots, Association Property, Club Property, publicly dedicated property, and property conveyed to the COD, as more particularly defined by these CC&Rs and, in addition, lands which Declarant may add, but shall in no way be obligated to add, by one or more Supplemental Declaration(s). The property initially declared in the Initial Declaration together with the Additional Property being added and subjected to these CC&Rs as set forth in this First Supplemental Declaration as the Committed Property is described in Exhibit "A" attached hereto (more particularly described as all of the lands subject to the Plats of Bella Collina East and Bella Collina West). The Committed Property is planned to contain eight hundred and seventy-nine eRe (~ 879) Lots to contain Homes in accordance with these CC&Rs. However, Declarant has reserved the right to modify its plan of development of Bella Collina and to add land or Lots to Bella Collina, and, therefore, the number of Lots within Bella Collina may change. Declarant's general plan of development further contemplates that Homes to be built on the Lots shall be whatever types of structures Declarant may designate which are in conformance with these CC&Rs. Declarant's general plan of development of Bella Collina may also include whatever facilities and amenities Declarant considers in its sole judgment to be appropriate to Bella Collina.
FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR BELLA COLLINA
THIS FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BELLA COLLINA (this "Amendment") is made and entered into this 251 h day of October, 2013 by DCS Real Estate Investments, LLC, a Florida limited liability company, ("Declarant") and is joined by BELLA COLLINA PROPERTY OWNER'S ASSOCIATION, INC., a Florida corporation not for profit (" "). Capitalized terms used in this Amendment shall have the same meanings ascribed to such terms in the CC&Rs (as defined below) unless the context otherwise requires and states:
WHEREAS, Declarant and POA previously executed that certain Second Amended and Restated Declaration of Covenants, Conditions and Restrictions for Bella Collina, recorded April 18, 2005 in Official Records Book 2810, Page 722, of the Public Records of Lake County, Florida, as the same may be amended from time to time (collectively, the "CC&Rs");
WHEREAS, the CC&Rs relate to a residential community called "Bella Collina";
WHEREAS, pursuant to the CC&Rs, Declarant may amend the terms of the CC&Rs; and
WHEREAS, Declarant and POA desire to amend the CC&Rs by imposing additional covenants, conditions and restrictions on the property subjected to the CC&Rs; and
WHEREAS, in order to help assure payment of assessments in a timely manner Article VII, Section 8 of the CC&Rs requires Owners to provide the Association notice in advance of an anticipated sale; and
WHEREAS, each prospective Owner is required to complete a Club Membership Agreement before a closing on the purchase of a residence or homesite; and
WHEREAS, Article X, Section 5 of the CC&Rs requires that all leases give the Association the right to terminate the lease upon tenant's default in observing the provisions thereof; and
WHEREAS, Article VIII of the CC&Rs requires approval of plans prior to construction and also allows the Architectural Review Board ("ARB") to collect a reasonable fee for said services; and
6. Recordation. This Amendment shall take effect upon recordation in the Official Records of Lake County.
IN WITNESS WHEREOF, Oeclarant has caused these presents to be executed in its name and its seal to be affixed hereto as of the day and year fist written above.
NOW, THEREFORE, Declarant hereby amends the CC&Rs as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by reference.
2. Definitions. The definition of "Improvement" in Article I, Section 31 that was amended by the Third Amendment to the CC&Rs, as recorded in Official Records Book 4208, Page 409, of the Public Records of Lake County, Florida, is further amended as follows (additions are shown as double underlined text):
Section 31. "IMPROVEMENT" shall mean all structures or artificially created conditions and appurtenances thereto of every type and kind located within Bella Collina, including without limitation, buildings, walkways, berms, fountains, sprinkler pipes, gatehouses, roads, driveways, fences, retaining walls, underground footers and other foundation supports, stairs, landscaping, hedges, plantings, poles, swings, tennis courts, swimming pools, covered patios, screen enclosures, boardwalks. boat docks. boathouses. basketball backboards and hoops, signs, site walls, gazebos, mailboxes, decorate street lights and signs.
3. Lake Lots. The second paragraph of Article II, Section 5 regarding LAKE LOTS is amended as follows (additions are shown as double underlined text; deletions are shown as
Section 5. LAKE LOTS. Notwithstanding anything contain herein to the contrary, and subject to the rights and obligations of the Association to maintain the Lakes as aforesaid for water retention, drainage, irrigation and water management purposes for all of Bella Collina and the right of the Association to adopt rules from time to time with respect to the use of the Lakes for such purposes, the Lakes shall be reserved for the private use and enjoyment of all Owners, their family members, guests, invitees and tenants, but only in accordance with these CC&Rs.
Certain Lake Lots will be approved in writing by the Association from time to time, in the Association's sole and absolute discretion and in compliance with all applicable permits, laws, rules and regulations, for the construction of a boardwalk or boat dock facility with or without a boathouse that will either be for the sole use of the Owner or for shared use with an Owner of an adjacent Lot as provided herein. Only the following Lots on Pine Lake shall be allowed to have a boardwalk or boat dock: Lots 323-398. 43A. 402.404.406.408. 410.412.414,416,418.420,422.424.426,427.428.430,432.435. 437.439.441.442.443.444,445.446.447.448.450.452.454.456.458.460,462,464. 466, and 467. Only the following Lots on Lake Apopka shall be allowed to have an individual boardwalk or boat dock: Lots 72-100, Lots 116-143. The following Lots on Lake Apopka shall be allowed to have a shared boardwalk or boat dock: Lots 19 and 20. Lots 21 and 22, Lots 23 and 24, Lots 25 and 26. Lots 27 and 28. Lots 29 and 30. Lots 31 and 32, Lots 33 and 34. Lots 35 and 36, Lots 37 and 38. Only one (1) boardwalk or boat dock shall be permitted for each Lot or combination of Lots developed as a single home site. When Lake Lots are combined into a single home site, any right the Lake Lot.