John “Jay” A. Fraiser, Jr.
Moorhead Law Group, PLLC
127 Palafox Place, Suite 200
Pensacola, FL 32502
CERTIFICATE OF AMENDMENT AND SECOND AMENDMENT
TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HERON’S FOREST
STATE OF FLORIDA
COUNTY OF ESCAMBIA
HERON’S FOREST PROPERTY OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation (“Association”), by and through its undersigned officer, certifies that,
WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Heron’s Forest, dated December 15, 1997, was recorded on December 18, 1997, in Official Records Book 4203, Page 1199 of the public records of Escambia County, Florida (the “Declaration”); and
WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Heron’s Forest Phase II, dated January 12, 2000, was recorded on March 1, 2000, in Official Records Book 4529, at Page 656 of the public records of Escambia County, Florida;
WHEREAS, the Amendment to the Declaration of Covenants, Conditions and Restrictions for Heron’s Forest and Heron’s Forest Phase II, was recorded on June 29, 2009, in Official Records Book 6477, at Page 877 of the public records of Escambia County, Florida;
WHEREAS, in accordance with Article IX, Section 3 of the Declaration, the Declaration may be amended by an instrument signed by two-thirds (2/3) of the Lot Owners in accordance with the voting rights specified in Article II, Section 2 of the Declaration; and
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Declaration is amended as follows:
The Declaration is hereby amended to include and incorporate new Article IV, Section 27 to read as follows:
Section 27. Short Term Rentals. All platted Lots within the Subdivision shall be used solely for single-family residential dwellings and for no other purpose except that individual residential dwellings, if used as a rental property, shall be rented or leased for a period of not less than a six (6) consecutive month period or more than three (3) times in a calendar year. Subleasing is specifically prohibited. This restriction shall take effect immediately upon the recording of the Second Amendment to the Declaration of Covenants, Conditions and Restrictions for Heron’s Forest.
WHEREAS, all provisions of the Declaration not amended hereby shall remain in full force and effect.
IN WITNESS WHEREOF, the Association hereby certifies the foregoing Second Amendment to the Declaration was duly adopted and that the Association has caused this Second Amendment to be executed by its President, this _____ day of _________________, 2023.
_________________________________ HERON’S FOREST PROPERTY
Print Name:________________________ OWNERS’ ASSOCIATION, INC., a Florida not-for-profit corporation
Print Name:________________________ By: Joe Dillard
STATE OF FLORIDA
COUNTY OF ESCAMBIA
The foregoing instrument was acknowledged before me, by means of [ ] physical presence or [ ] online notarization, this _____ day of _________________, 2023, by Joe Dillard as President of Heron’s Forest Property Owners’ Association, Inc., a Florida not-for-profit corporation.
Print Name: _______________________________
______Produced Identification; Type of Identification Produced___________________________ Underlined words are being added; stricken words are being deleted.
THIS DECLARATION, is made this 15th day of December, 1997, by Gulf Beach Highway
Properties, Inc., a Florida corporation (“Declarant”).
WHEREAS, Declarant is the owner of certain real property located in Escambia County,
Florida, more particularly described as follows, to wit:
Heron’s Forest, a Subdivision according to Plat thereof recorded in Plat Book 16 , Page 18 , 18A ,
the public records of Escambia County, Florida.
NOW, THEREFORE, Declarant hereby declares that all of the properties described above
shall be held, sold and conveyed subject to the following easements, restrictions, covenants and
conditions, which are for the purpose of protecting the value and desirability of, and which shall run
with, the real property and be binding on all parties having any right, title or interest in the described
properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of
each Owner thereof.
ARTICLE I – DEFINITIONS
Section 1. “Association” shall mean and refer to The Heron’s Forest Property Owners
Association, Inc., a Florida not-for-profit corporation, its successors and assigns.
Section 2. “Common Area” shall mean and refer to all real property (including any
improvements, fixtures or tangible personal property relating thereto) owned by the Association
from time to time for the common use and enjoyment of the Owners. Declarant shall, at it’s
discretion, hereafter convey to the Association various parcels and interests in real property within
the Subdivision which shall refer to this Declaration, and which conveyance shall consist of much,
but not necessarily all, of the Association’s Common Areas.
Section 3. “Declarant” shall mean and refer to Gulf Beach Highway Properties, Inc., a
Florida corporation, its successors and assigns.
Section 4. “Development.” The Declarant owns additional acreage adjacent to the
Subdivision and contemplates developing at least a portion (but not necessarily all) as a sequentially
numbered residential Subdivision (e.g. Heron’s Forest, Phase II, etc.) with similar covenants,
conditions and restrictions applicable to each. “Development” shall initially mean and refer to
Heron’s Forest. Thereafter, and provided that: (1) the declaration of covenants, conditions and
restrictions of that sequentially numbered subdivision requires each lot owner to be a member of the
Association; and (2) a plat and declaration of covenants, conditions, and restrictions for that
sequentially numbered subdivision is recorded in the public records of Escambia County, Florida;
then and thereupon said sequentially numbered Subdivision shall thereupon be included within the
meaning of the word “Development.” Notwithstanding anything herein contained to the contrary,
nothing contained herein is intended to, nor shall it in anyway imply, infer or be interpreted that any
property owned by the Declarant other than the Subdivision which is the subject matter hereof, is
burdened by the terms and conditions of this Declaration.
Section 5. “Lot” shall mean and refer to each and all of the numbered Lots (specifically
excluding Parcel “A”) shown on the Plat of the Subdivision.
Section 6. “Owner” shall mean and refer to the record Owner, whether one or more
persons or entities, of a fee simple title to any Lot in the Subdivision, including contract sellers, but
excluding those having such interest merely as security for the performance of an obligation.
Section 7. “Plat” shall mean and refer to the Plat of Heron’s Forest, which is recorded
in the public records of Escambia County, Florida, as noted in the preamble hereof.
Section 8. “Subdivision” shall mean and refer to Heron’s Forest, a subdivision situated in
Escambia County, Florida, according to the Plat.
ARTICLE II – MEMBERSHIP AND VOTING RIGHTS
Section 1. Association Membership Required. The Association shall consists of all Owners
of Lots in the Development. Every Owner of a Lot in this Subdivision shall be a member of the
Association. Membership shall be appurtenant to and may not be separated from ownership of any
Section 2. Membership Classes. The Association shall have two classes of voting
CLASS A. Class A shall be the Owners (with the exception of the Declarant) of all Lots
(including any subsequently annexed Lots), who shall be entitled to one vote for each Lot owned.
When more than one person holds an interest in a Lot, all such persons shall be members. The vote
for such Lot shall be exercised as determined by the Owners thereof, but in no event shall more than
one vote be cast with respect to any Lot.
CLASS B. The only Class B member shall be the Declarant, which shall be entitled to three
votes for each Lot owned (including Lots annexed from time to time). The Class B membership shall
cease and be converted to Class A membership upon the first to occur of the following: (a) when the
total votes outstanding in the Class A membership equals or exceeds the total votes outstanding in
the Class B membership; or (b) January 1,2010. Notwithstanding the foregoing however if, after
conversion of the Class B membership to Class A membership, there are additional Lots annexed
with the result that the total votes outstanding in the Class A membership would not equal or exceed
the total votes outstanding in the Class B membership if there were then a Class B membership, the
Class B membership shall be thereupon re-instituted until the first to occur of the following: (a) the
then total votes outstanding in the Class A membership again equals or exceeds the then total votes
outstanding in the Class B membership; or (b) the fifth January 1 occurring after the date of
recording the plat which includes the additional lots that were annexed.
ARTICLE III – ARCHITECTURAL CONTROL
Section 1. Prior Design Approval. No residential structure, fence, wall, mailbox, driveway,
pool, landscaping or other structure or improvement of any nature whatsoever shall be commenced,
erected, placed or altered on any Lot until the design, location, plans, specifications and plot plan
showing the location, nature, kind, shape, height, materials, color and other specifications have been
approved in writing as to the quality of workmanship and materials; as to the harmony of
exterior design with the requirements of this Declaration and with existing structures; and as to the
location with respect to topography and finished grade and full compliance with the easements,
restrictions, covenants and conditions of this Declaration. Approval shall be by a majority vote of the
Architectural Review Committee, or by the Architectural Review Representative selected by a
majority vote of the Architectural Review Committee. In the event the Architectural Review
Committee or Architectural Review Representative fails to approve or disapprove any complete set
of plans and specifications within forty-five (45) days after they have been properly and completely
submitted in writing, or in any event, if no action to enjoin the construction has been commenced
prior to its completion of the construction specified in the submission, such approval will not be
required and this Article shall be deemed to have been complied with fully.
Section 2. Architectural Review Committee Membership. The Architectural Review
Committee shall consist of three (3) members, who shall originally be Richard R. Baker, Jennifer
Jernigan and Garrett W. Walton. Upon occurrence of a vacancy on the Architectural Review
Committee, or in the event a member of the Committee cannot or does not continue to serve, then a
new member of the Committee, who need not be an Owner, shall be appointed to serve. A member
of the Architectural Review Committee may be removed by a two-thirds (2/3) vote of the members
of the Association. Appointment of a new member to the Architectural Review Committee shall be
made by the members then serving on the Architectural Review Committee, and if there be no
members then serving on said Architectural Review Committee, new members of the Architectural
Review Committee shall be appointed by the Board of Directors of the Association. The members of
the Architectural Review Committee shall not be entitled to any compensation for services
preformed pursuant to this Declaration; provided, however, that the Architectural Review
Committee shall have the right to charge a modest fee (not to exceed $200.00 in 1998) for review of
specifications, and any inspection(s) during construction, submitted in accordance with this Article.
Any such fee may be used by the Architectural Review Committee to reimburse it for its out-of-
pocket expenses – including employment of any professional advisors, and for any inspections
during construction. All decisions of the Architectural Review Committee shall be by majority vote.
Decisions of the Architectural Review Committee shall be based upon the uniform application of
such reasonable standards as are consistent with a first-class single family residential subdivision,
such standards to include, among other things, the harmony of external design (including roof style,
pitch, material and color), chimney, exterior siding (material and color), windows and trim, shutters
(color and style), doors, exterior lighting, garage doors, location in relation to surrounding structures
and topography, the type, kind and character of building, structure and other improvements, and
aesthetic qualities in general. The Architectural Review Committee shall, from time to time,
promulgate “Architectural Guidelines,” and prospective owners should inquire of same by contacting
the Architectural Review Committee as follows: Heron’s Forest Architectural Review Committee,
Attention: Jennifer Jernigan, 17 South Palafox Street, Suite 394, Pensacola, Florida 32582-2358,
Phone (850) 434-5330 and Fax (850) 434-6829.
IT IS TO BE EMPHASIZED THAT ONE OF THE UNIQUE FEATURES OF THE SUBDIVISION
IS ITS TREES, VEGETATION AND OVERSTORY. AS SURELY AS ANY OTHER ASPECT OF
ARCHITECTURAL REVIEW, IT IS INTENDED THAT THIS DECLARATION SHALL
CONTROL ANY LOT CLEARING OR GRADING ACTIVITIES, AND THAT SIGNIFICANT
EMPHASIS BY THE ARCHITECTURAL REVIEW COMMITTEE SHALL BE PLACED UPON THE
EXTENT AND MANNER OF CLEARING LOTS, TREE PRESERVATION AND
ENHANCEMENT, OVERSTORY MAINTENANCE, LANDSCAPING AND THE LIKE.
Section 3. Construction Plans. All construction plans shall be thorough and complete;
include all elevations; reflect all exterior material types, design and color; and shall be accompanied
by a complete landscape plan for the entire Lot.
Section 4. Inspection During Construction and Prior to Occupancy. The Architectural
Review Committee, or their representative, shall have the right to inspect the Owner’s property and
improvements during construction and prior to occupancy to insure construction in accordance with
the construction plans submitted and approved by the Architectural Review Committee. Failure of an
Owner to comply with the provisions of this Article III, or failure of an Owner to carry out
construction in accordance with the provisions of this Article III, shall subject such Owner to the
sanctions provided for in Section 1 of Article IX.
Section 5. Assignment to the Association. The Declarant shall have the power, through a
duly recorded written instrument, to assign the duties and obligations of the Architectural Review
Committee (and, if any, its Architectural Review Representative) to the Association, which shall
thereafter determine the members of the Architectural Review Committee and which may then
withdraw from, or grant to, the Architectural Review Committee such powers or duties as the
Association deems appropriate.
ARTICLE IV – RESTRICTIONS AND COVENANTS
The following restrictions will be observed and adhered to in substantially all situations.
However, the Architectural Review Committee is hereby vested with the authority to grant in writing
waivers and variances from any of the following restrictions, as well as Architectural Guidelines
promulgated by it from time to time, utilizing the same standards of review as those set forth
in Article Ill, Section 2, where it is demonstrated by the person requesting the waiver that the
granting of such a waiver will not impact adversely on the aesthetic qualities of the proposed
improvements, the Lot upon which same is located, and the neighborhood as a whole, and, that same
is consistent with the first class single family residential Subdivision contemplated hereby. Neither
the Architectural Review Committee, nor any of its members, shall in any way or manner be held
liable to any Owner, the Association or any other person or entity for its good faith exercise of the
discretionary authorities herein conferred.
Section 1. Residential Use. All Lots shall be used and occupied solely for single family
residential purposes and shall not be used for commercial, trade, public amusement, public
entertainment or business purposes of any kind or character, other than a home office specifically
authorized by the Architectural Review Committee or the Architectural Review Representative;
provided, however, that in no event shall any such permitted home office be one where clients,
customers, sales persons or others would routinely visit. No structure shall be erected, altered, placed
or permitted to remain on any Lot other than one single family structure with a garage attached to the
main structure ( or a detached garage in conformity with architectural design of the residential
structure) for at least two (2) vehicles, a pool, a detached gazebo and/or guest house (designed in
conformity with the architectural design of the residential structure). No such permitted detached
structure may be constructed prior to completion of construction of the residential structure. A
servant’s room, tool room and/or laundry room may be attached to the residential structure or garage.
Notwithstanding the foregoing, a builder who is then currently active in constructing residences for
sale within the Development may, with the prior approval of, and within guidelines established by,
the Architectural Review Committee, construct one or more house(s) within the Development which
may be used by that builder as a model home, or used by Declarant as a sales center for Lots within
Section 2. Minimum Square Footage and Size. The main residential structure constructed
on any Lot shall not exceed three (3) stories in height and shall contain the minimum square footage
set forth below.
|Minimum overall square footage|
|All Lots in Blocks A through E||1,400 Square Feet|
|All Lots in Blocks F through N||2,000 Square Feet|
Residential Structures with more than one story shall have a minimum ground floor area as approved
by the Architectural Review Committee, or its Architectural Review Representative, on a case by
All residential structures shall be setback from various Lot lines as set forth below.
|Residential structure setback|
|All Lots in Blocks A through E||20 ft||15 ft||10% of Lot width at the building line in question|
|All Lots in Blocks F through N||25 ft||25 ft||10% of Lot width at the building line in question|
Setbacks for detached garages and other permitted detached structures shall be as approved on a case
by case basis by the Architectural Review Committee or the Architectural Review Representative.
Waiver of any of the preceding fixed setback requirements is hereby granted for unintentional
violations which do not exceed ten percent (10%) of the particular setback distance in question
without Architectural Review Committee approval; additional waivers of the preceding setback
requirements (and those contained on the Plat) shall require the approval of the Architectural Review
Committee or the Architectural Review Representative, in appropriate circumstances. In the event
the setbacks herein provided for are different than indicated upon the Plat, the setbacks set forth
herein shall govern.
Section 3. Determination of Square Footage. The minimum square foot area of the main
residential structure shall be determined by multiplying the outside length and width dimensions of
each story of the structure, except that garages, open porches, patios, terraces, pools and permitted
detached structures shall not be taken into account in calculating the minimum square foot area
Section 4. Landscaping. Prior to occupancy, the entire Lot (including any area located in
road right-of-ways between the Lot lines and adjacent curbs shall be completely landscaped and
irrigated by an automatic irrigation system, all pursuant to Architectural Review Committee
Guidelines. The entire Lot (including any area located in road right-of-ways between the actual Lot
line and adjacent curbs ), drives and landscaping must be diligently, properly and neatly maintained
and kept clean at all times.
Section 5. Exterior Structure Materials. All materials used on the exterior of any structure
shall be approved in writing by the Architectural Review Committee or the Architectural Review
Section 6. Clotheslines. Outside clotheslines shall not be permitted on any Lot except when
enclosed or camouflaged from view from all Lot lines. When approved in advance by the
Architectural Review Committee or the Architectural Review Representative, same may be
permitted only to the rear of the back line of the residential structure.
Section 7. Temporary Structures. No trailer, house trailer, motor home, basement, tent,
garage or other out-building shall at any time be used as a residence, temporary or permanent, nor
shall any structure of a temporary character be used as a residence. No building that is unfinished on
the exterior shall be occupied. Notwithstanding foregoing however, Declarant and/or its designated
sales agent, may, from time to time, maintain a temporary structure on either a Lot or a portion of a
Common Area for Lot sale and related purposes. Any such structure shall be removed by Declarant
subsequent to completion of its purposes.
Section 8. Lot Drainage. As a part of the Subdivision design process, Declarant has
developed an Escambia County approved master drainage plan for Heron’s Forest. The master
drainage plan information is contained on both the preliminary plat and construction plans for
Heron’s Forest, copy of which may be viewed or obtained from the Escambia County Planning
and/or Engineering Departments, 1190 W. Leonard Street, Suite 1, Pensacola, Florida, or from
Declarant. Each Owner shall comply with the provisions of the Subdivision’s approved master
Section 9. Garages. Every residential structure shall include, at a minimum, a two-car
garage. Off-the-road vehicles, jeeps, beach buggies, boats, campers, trailers, motor homes,
recreational vehicles, vans, motorcycles, motorbikes, tractors, mowers, commercial vehicles of any
kind, or any other vehicle, machine, equipment or apparatus shall not be parked anywhere on the
Lot, temporarily or permanently (except for infrequent short term parking not to exceed forty-eight
(48) hours), except in garages, carports or otherwise enclosed or camouflaged so as not to be
detrimental to the appearance of the property from any Lot line.
Section 10. Pets. No animal of any kind shall be kept or maintained on any Lot except that
dogs, cats or other customary household pets may be kept provided that they are duly licensed, if
applicable; that they do not constitute an annoyance or nuisance; that they are well groomed and
maintained in a sanitary condition; that they are not kept or bred for any commercial purposes; and
that such pets are not permitted to be present beyond the boundaries of the Owner’s Lot without
being leashed or caged. When any such authorized pets are beyond the boundaries of the Owner’s
Lot, the Owner shall be responsible for prompt clean up and sanitary disposition of any solid pet
Section 11. Fences. All fences, hedges, walls or the like constructed upon any Lot shall
obtain prior approval of the Architectural Review Committee or its Architectural Review
Section 12. Signs. No sign of any kind shall be displayed to public view on any Lot except
one sign of reasonable size advertising the property for sale or rent, or signs used by a builder or
Declarant to advertise the property for sale during the construction and sales period.
Section 13. Trees. Upon completion of construction of the residential structure and prior to
occupancy, trees shall be planted on all Lots in conformance with the “Architectural Guidelines”
from time to time adopted by the Architectural Review Committee,
Section 14. Resubdivision. All Lots shall be conveyed as a whole except that two (2) or more
contiguous Lots may be resubdivided into an equal or lesser number of contiguous parcels provided
that: (a) The square foot area of each resubdivided parcel equals or exceeds the square foot area of
the smallest Lot being subdivided; and, (b) the Architectural Review Committee shall approve same
by an instrument recorded in the public records of Escambia County, Florida. Thereafter, such
resubdivided Lots shall constitute Lots for purposes of this Declaration.
Section 15. Mailboxes. All mailboxes, paper boxes, or other receptacles of any kind or
use in the delivery of mail, newspapers, magazines, or similar materials shall be approved in writing
by the Architectural Review Committee, or the Architectural Review Representative, prior to
construction. The ARC shall have the right to designate a uniform mailbox structure, or limited
group of mailboxes to select from, which shall then be used by all Owners.
Section 15. Antennas. No outside antennas, poles, masts, towers, satellite receiving dishes or
the like shall be erected on any Lot without the prior written authorization of the Architectural
Review Committee or the Architectural Review Representative, and any such permitted devices
shall be fully concealed and shall not be visible from any Lot line.
Section 17. Detrimental Appearance. Items detrimental to the appearance of the
Development shall not be permitted on any of the Lots except when enclosed or camouflaged from
view from all Lot lines and when approved in advance by the Architectural Review Committee or
the Architectural Review Representative.
Section 18. Trash. All garbage and trash containers, oil tanks, bottled gas tanks and the like
shall be kept clean and sanitary, and must be positioned underground, placed in a walled-in area or
screened from view so that they shall not be visible from any Lot line (except for approved garbage
cans awaiting pickup by garbage collection services, but, in such case, only for the limited period of
time reasonably required to accommodate such collection). No Lot shall be used or maintained as a
dumping ground for rubbish, trash, garbage or other waste.
Section 19. Nuisance. Noxious or offensive activity shall not be carried on or upon any Lot
nor shall anything be done thereon which may be or become an annoyance or nuisance to other
Section 20. Attractive. All structures shall be designed so that all elevations are attractive
Section 21. Construction. All construction commenced upon a Lot shall be pursued
diligently and such construction must be completed within six (6) months after commencement. An
industrial waste container (or other alternative method of containing and controlling construction
debris acceptable to the Architectural Review Committee or the Architectural Review
Representative) shall be used during all construction.
Section 22. Compliance with the Laws. All federal laws, laws of the State of Florida, laws
of Escambia County and any related rules and regulations of their respective administrative agencies
now and hereafter in effect with regard to sewage disposal, water supply, sanitation, and land use are
incorporated herein and made a part hereof
Section 23. Mining. No drilling, mining, exploration or the like for oil, gas or other minerals
shall be permitted or allowed on or under any Lot in the Development.
Section 24. Underground Utilities. No above ground electrical, telephone, cable TV, radio
or other such wiring or utility service shall be permitted without prior approval of the Architectural
Review Committee or the Architectural Review Representative (which approval will not typically be
granted absent extraordinary circumstances).
Section 25. Maintenance. All Owners shall keep their Lots and any improvements thereon
(including landscaping), as well as any adjacent land areas in the road right of way between the Lot
line and the curb of the road, neatly, diligently and properly maintained, clean and sanitary at all
times. Failure to provide such maintenance shall be grounds for suit by any other property Owner in
the Development, the Association, the Declarant, the Architectural Review Committee and/or
appropriate governmental agencies, and shall also subject such Owner to the sanctions provided for
in Article V, Section 11.
Section 26. Non-Access Easements. The Plat shows a 3′ non-access easement along the
subdivision boundaries on Gulf Beach Highway and Blue Angel Parkway. No non-emergency
vehicular access shall be had across such 3′ non-access easements onto the abutting road right-of-
ARTICLE V – ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation Assessments. The Owner of each
Lot by acceptance of a deed thereof, whether or not it shall be so expressed in such deed, is deemed
to covenant and agree to pay to the Association: (a) an annual assessment; and, (b) any special
assessments for capital improvements. Such assessments shall be established and collected as
hereinafter provided. The annual and special assessments, together with interest, costs and
reasonable legal fees and expenses, shall be a charge on the Lot and shall be a continuing lien upon
the Lot against which each such assessment is made. Each such assessment, together with interest,
costs and reasonable legal fees, shall also be the personal obligation of the person(s) who is the
Owner of such Lot at the time when the assessment becomes due.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used
exclusively to provide for the acquisition, improvement, construction, management, care and
maintenance of any Common Area, any property owned by the Association or in which it has an
interest, or any public or private property adjacent to, or in the same general locality as, the
Development. The Association shall have the obligation to maintain all Common Areas (including,
without limiting the generality of the foregoing, any and all roads, curbs, “Green Spaces” (as
denominated as such on the Plat), easements, drainage facilities, landscaping, drainage structures,
holding and retention ponds, subdivision fencing, gatehouse, entry gate, lighting, swimming pool,
tennis courts, bathhouse, parking lot and other improvements at the Community Center (Parcel “A”
on the Plat) and the like), and shall pay all ad valorem property taxes assessed upon them. The
Association may fund in a reserve account such sums as it determines in good faith are necessary
and adequate to make periodic repairs and capital improvements to any Common Areas.
Section 3. Annual Assessments. Until January 1, 1999, the maximum annual assessment
will be $600.00 per Lot.
A. From and after January 1, 1999, the maximum annual assessment may be increased each
year not more than 25% above the potential maximum assessment from the previous year
without a vote of the membership.
B. From and after January 1, 1999, the maximum annual assessment may be increased
above 25% of the previous years potential maximum assessment by a vote of 60% of
the Owners who are voting in person or by proxy at a meeting duly called for this purpose.
C. The Board of Directors of the Association shall fix the annual assessment at an amount
not in excess of the potential maximum assessment.
D. Regardless of the provisions above, the Association shall be obligated to pay all ad
valorem property taxes upon any Common Area, and no limitation above shall ever prohibit
the Association from increasing the annual assessment to an amount sufficient to pay such
Section 4. Special Assessments. In addition to the annual assessments authorized above, the
Association may levy, in any assessment year, a special assessment per Lot applicable to that year
only for the purpose of defraying, in whole or in part, the cost of any acquisition, construction,
improvement, management, care or maintenance upon any Common Areas, any property owned by
the Association or in which it has an interest, or any public or private property adjoining or in the
same general locality as the Development, including fixtures and personal property related thereto,
provided that any assessment shall have the assent of sixty percent (60%) of the votes of the Owners
who are voting in person or by proxy at a meeting duly called for this purpose. Written notice of the
amount and due date of any special assessment shall be mailed postage prepaid to every Owner
Section 5. Segregation of Funds. Funds collected by the Association from annual
assessments and any special assessments shall be maintained separately. Notwithstanding the
requirement that separated and segregated funds are required to be maintained as aforesaid, there
need be no physical division of such funds and same may be held in a consolidated account in which
each separate fund has an undivided interest.
Section 6. Notice and Quorum for any Action Authorized Under Sections 3 and 4.
Written notice of any meeting called for the purpose of taking any action authorized under Sections
3(B) or 4 of this Article shall be sent by United States Mail, postage prepaid, to all Owners (as of
ninety (90) days prior to date of mailing such notice) not less than fifteen (15) days nor more than
sixty (60) days in advance of that meeting. At the first such meeting called, the presence of members
or of proxies entitled to cast thirty percent (30%) of all the votes shall constitute a quorum of the
required quorum is not present, the required quorum at the subsequent meeting shall be one-half
(1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held
more than sixty (60) days following the preceding meeting.
Section 7. Uniform Rate of Assessment. Annual and special assessments shall be at a
uniform rate for all Lots.
Section 8. Annual Assessment Periods and Due Dates. The annual assessment shall
be assessed on a calendar year basis and is due and payable on such date as set forth by a resolution
of the Board of Directors of the Association. The Board of Directors of the Association shall fix the
amount of the annual assessment for each Lot in advance of each annual assessment period (except
for the year 1998, when the Board of Directors of the Association may fix the amount of the 1998
annual assessment at any time prior to December 1, 1998). Written notice of the annual assessment
shall be mailed to every Owner. The annual assessment provided herein shall not commence prior to
the first day of the first month after this document is recorded in the public records of Escambia
County, and shall commence thereafter as determined by the Association. Upon commencement, the
Association is not required to prorate the first year’s annual assessment. The Association shall, upon
written request and for a reasonable charge, furnish a sealed certificate signed by an officer of the
Association stating what assessments are outstanding against any Lot and the due date for such
assessment. A properly executed and sealed certificate of the Association as to the status of
assessments on a Lot is binding upon the Association as of the date of its issuance.
Section 9. Effect of Nonpayment of Assessments; Remedies of the Association. Any
annual or special assessment not paid within thirty (30) days after the due date shall bear a late
charge of ten percent (10%) of the assessment amount, plus interest from the due date at the highest legal
rate. The Association may, after first giving ten (10) days written notice to the holder of any first
mortgage, bring an action at law against the Owner personally obligated to pay the same, and/or
foreclose the lien against the property. No Owner may waive or otherwise avoid personal liability for
the assessments provided for herein by non-use of any Common Area, facilities or real property
owned by the Association orabandonment of his Lot.
Section 10. Subordination of Assessment Lien to First Mortgages. The lien of the
assessments provided for herein shall be subordinate to the lien of any mortgage which was
originally recorded as a first mortgage. Sale or transfer of any Lot shall not affect the assessment
lien. However, the sale or transfer of any Lot pursuant to a foreclosure of such a first mortgage or
any proceeding or conveyance in lieu thereof, shall extinguish the lien of such assessments as to
payments which became due prior to the date of such sale or transfer. No such sale or transfer shall
relieve such Lot from liability for any assessments thereafter coming due or from the lien thereof.
Section 11. Maintenance. In the event an Owner shall fail (after ten (10) days written notice
from the Association or the Architectural Review Committee sent United States Mail, postage
prepaid) to maintain a Lot or to maintain the improvements situated thereon in a neat, clean and
orderly fashion and otherwise satisfactory to the Board of Directors of the Association or the
Architectural Review Committee, the Association shall have the right, through its agents, employees
and contractors, to enter upon said Lot and to repair, maintain and restore the Lot and/or exterior of
the building or any other improvements erected thereon. The cost of such maintenance, together with
interest at the maximum rate then allowed by law (if not paid within ten (10) days after written
demand therefore), as well as reasonable legal fees and costs, shall be a charge on the Lot, shall be a
continuing lien on the Lot and shall also be the personal obligation of the Owner of such Lot at the
time such maintenance is performed. The Association shall have the right to collect such amount, as
well as reasonable legal fees and costs, in accordance with the procedures set forth in this Article for
the collection of assessments, as well as such additional legal or equitable remedies as might
otherwise be available.
ARTICLE VI – COMMON AREAS
Section 1. Owner’s Easements of Use and Enjoyment. Every Owner shall have a right and
easement of use and enjoyment in and to the Common Areas, or any part thereof which shall be
appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
A. The right of the Association to charge reasonable admission and other fees for the use of
any facility situated upon any Common Areas;
B. The right of the Association to suspend the voting rights and the right of an Owner to use
and enjoy the Common Areas or any part thereof for any period during which any assessment
against his Lot remains unpaid or any violation of the provisions of this Declaration remains
uncured; and for a period not to exceed ninety (90) days for any infraction of its published
rules and regulations pertaining to the use and enjoyment of any such recreational facilities;
C. The right of the Association to dedicate or transfer all or any part of any Common Areas
to any public agency, governmental body or utility for such purposes and subject to such
conditions as may be agreed to by the Owners. No such dedication or transfer shall be
effective unless an instrument signed by the Owners then entitled to cast two-thirds (2/3) of
the votes of the Association has been recorded, agreeing to such dedication or transfer, and
unless written notice of the proposed action is sent to every Owner not less than fifteen (15)
days and no more than sixty (60) days in advance; provided, however, that for a period of
eight (8) years from date of recording this Declaration, Declarant may, without action of the
Association, grant such easements, licenses or the like across, to or under all or any portion
of the Common Areas which Declarant, in its sole discretion, deems appropriate or necessary
for the benefit of any or all Owners;
D. The right of the Association, in accordance with its articles and bylaws, to borrow money
for the purpose of improving and maintaining the Common Areas and facilities, and in aid
thereof, to mortgage said property, but the rights of said mortgagee in said properties shall be
subordinate to the rights of Owners hereunder and
E. The right of the Association to limit the use of any Common Areas by published rules and
regulations, including the number of guests and prescribing hours of usage, and to
promulgate rules and requirements appropriate for the operation, maintenance, and
replacement of gates and other security equipment and devices.
Section 2. Delegation of Use. Subject to the provisions of Section 1 of this Article, any
Owner may delegate, in accordance with the bylaws of the Association, his right of use and
enjoyment of the Common Areas and facilities to the members of his family, guests, tenants,
invitees, contract purchasers who reside on the property, contractors performing work for the Owner,
suppliers and purveyors of services solicited by the Owner, and deliverymen.
Section 3. Grant/Reservation of Easements.
A. Declarant does hereby grant a nonexclusive perpetual easement and right of ingress and
egress across, under and to all Common Areas unto each and all law enforcement, fire
fighting and postal or delivery organizations, and to any other persons, organizations or
entities who, in the normal course of their operation, respond to public or private
B. Declarant, for itself, it successors and assigns, does hereby reserve a nonexclusive
perpetual easement and right of ingress and egress across, under and to all Common Areas
for purposes of construction thereon and thereabout of improvements, installation and
maintenance of utilities and drainage facilities, sale of Lots (including placement or
construction of a temporary sales trailer, which shall be removed by Declarant upon
completion of such uses) and such other purposes and uses as Declarant, in its absolute
discretion, deems appropriate or necessary in connection with the sale and development of
the Lots within the Subdivision and the proposed Development.
ARTICLE VII – ENVIRONMENTAL AND ARCHAEOLOGICAL PRESERVATION
Section 1. Conservation Easement. Much, but not all, of the areas shown on the Plat as
“Green Space”, as well as possibly some additional land areas (potentially including a portion of
some of the Lots), are subject to a certain “Conservation Easement” from Declarant, as Grantor, to
the State of Florida Department of Environmental Protection, as Grantee (copy of which is attached
to as Exhibit “A” and incorporated herein by references if set forth in full herein). If such
“Conservation Easement” is not recorded by the time this Declaration is recorded, it will be recorded
soon thereafter. In any event, this reference to Exhibit “A” attached is intended to give notice to the
world of the existence, and the terms and conditions, of that “Conservation Easement.” It is
anticipated that Declarant shall, after the recording of this Declaration, convey to the Association the
“Green Spaces” and certain additional rights or interests in real property, all of which shall thereafter
be owned and held by the Association as Common Areas. At the time of such conveyance, the
Association, by accepting title to the Common Areas, covenants and agrees to timely and properly
abide by, observe and discharge all obligations, duties and responsibilities of the Grantor under and
pursuant to the Conservation Easement.”
Except as might be reasonably required to install, repair or maintain utility lines, or board
walks, nature trails or any other improvements authorized by the “Conservation Easement,” no
motorized vehicles (other than to assist the handicapped) shall be used in, on or about the land
encumbered by the “Conservation Easement.”
Section 2. Greenbelts. “Greenbelt” refers to that portion, if any, of a Lot behind (that is,
toward the rear of the Lot) any “Greenbelt” line shown on the Plat. Within any “Greenbelt,” no
vegetation shall be disturbed, or cut without complying with the Architectural Review Committee’s
Section 3. Archaeological Preservation. As noted in part (h) of the attached “Conservation
Easement,” an approximately 3,000 sq. ft. area of one of the “Green Spaces” has been determined by
the Florida Secretary of State’s office to be of historical and archaeological significance. By reason
thereof, Declarant has, and will be, undertaking certain preservation measures and other
improvements in that area which will be completed prior to conveyance by Declarant to the
Association of the Common Areas. From and after the time of such conveyance the Association shall
assume and discharge Declarants minimal preservation maintenance obligations with respect to this
historically and archaeologically significant area, the details of which shall be provided by Declarant
to the Association, and which may be inquired of by contacting Declarant as follows: Gulf Beach
Highway Properties, Inc., Attention: Jennifer Jernigan, 17 South Palafox Street, Suite 394, P. O. Box
12358, Pensacola, Florida 32582-2358; Phone (850) 434-5330 and Fax (850) 434-6829.
Section 4. Water. In the interest of public health and sanitation and in order to insure
that the Subdivision and Development and all other land in the same locality may be benefited by
decrease in hazards of pollution and for the protection of water supplies, recreation, wildlife and
other public uses of storm drainage facilities, no Owner or occupant of any Lot in the Development
shall use such Lot for any purpose that would result, directly or indirectly, in the draining or
dumping into any drainage system or device, any refuse, sewage, or other material which might tend
Section 5. Filling. No Lot shall be increased in size by filling in of any wetlands, body of
water, creek or any waterway located thereon or on which it may abut without appropriate
governmental permits (if required) and prior written approval of the Architectural Review
Committee, which approval will not lightly be given absent extraordinary circumstances.
Additionally, during and following construction of any residence or other improvement with any
proximity at all to any wetland, the following shall be observed: (a)Any wetland areas or water
bodies which might be affected by reason of such construction shall be protected from any erosion,
sedimentation, siltation, scouring, excess turbidity and dewatering_ (b) all disturbed upland areas
shall be stabilized during and after construction so as to prevent any erosion, sedimentation, siltation,
or scouring_ and (c) there shall be no storage or stockpiling of tools, materials, etc. within wetlands
or along water bodies, and any cleared vegetation, excess materials, trash, garbage, and any type of
debris shall be kept from (or, if inadvertently located in the same, promptly removed) wetlands and
water bodies at all times.
Section 6. Septic Tanks. Declarant has constructed and otherwise provided for disposal of
sanitary sewage within the Subdivision by extending the Escambia County Utilities Authority central
sanitary sewage collection system throughout the Subdivision. Accordingly, the use of septic
tanks on any lot, even temporarily, is prohibited (except for use in conjunction with any temporary
sales center established by Declarant).
ARTICLE VIII – UNITED STATES NAVY
For many generations the Pensacola Community has been fortunate to serve as host to the
United States Navy, a mutually beneficial relationship which both the Navy and Pensacola share
with great pride.
A significant aspect of Heron’s Forest is that it is bordered on several sides by beautiful and
environmentally significant Navy land consisting of wetlands, a lagoon area, sand dunes and beach
front. The Navy land is abundant with a variety of both wetland and upland plant and animal life.
The Navy has advised Declarant that this land, referred to as the “US Navy Trout Point
Watchable Wildlife Area,” has been designated by the Navy and State of Florida for the express
purpose of natural resource observation and education.
Declarant owns, and will be conveying to the Association, as a Common Area, a non-
exclusive easement which will, among other things, afford Lot owners private legal access to an
entrance to the “Navy Trout Point Wildlife Area.” In addition, and as indicated, many of the Lots in
the Subdivision border immediately adjacent Navy land.
With the foregoing predicate, it is Declarant’s hope and desire that the Association and all
Lot Owners will continue Pensacola’s fine tradition as excellent neighbors by respecting the Navy’s
property rights and intended uses of its property. Along these lines, the Association and all Owners
should be aware that access to the Navy land beyond the easement is subject to authorization by the
Commanding Officer, Naval Air Station Pensacola, and is limited to the operating hours, rules and
regulations posted at the entrance thereof. In addition, current regulations pertaining to the use of the
Navy Land prohibits pets; motorized vehicles; bicycles; hunting; fishing; camping; fires; vandalism
of any type; littering; feeding or harassing wildlife; disturbing native vegetation; and uses other than
natural resource observation and education. The Navy land is subject to the jurisdiction and
enforcement of federal criminal laws and any prohibited activities are subject to federal criminal
To help preclude inadvertent violations of the Navy’s property rights, it is the Declarant’s
intention to tastefully mark the Navy’s property line at various locations and to post appropriate
reminder signage along the easement. Additionally, and as noted elsewhere in this Declaration,
Declarant, has for environmental purposes, set aside numerous conservation easements, several of
which preserve the preexisting connection of water flows and nature trails between the Navy land
and Heron’s Forest. Further, Declarant anticipates (but does not at this time commit) that as a part of
the next phase of the Development that it will impose a conversation easement upon additional lands
including acreage lying between the then expanded subdivision and Navy land, and which
additional land contains, among other things, pristine and virgin giant long needle pine trees, etc.
And, lastly, it is Declarant’s desire and intention to work with the Association to establish a fund to
be potentially available to assist the Navy from time to time with appropriate preservation and/or .
enhancement projects; to establish a system of sanctions (which hopefully will not ever become
necessary) to be imposed against any Owner who does not respect the Navy property rights or the
environmental sensitivity of many parts of the Subdivision and adjacent Navy lands; and to
otherwise cooperate and work with the Navy’s excellent stewardship of an environmentally
significant parcel of land.
ARTICLE IX – GENERAL PROVISIONS
Section 1. Enforcement. The Association, the Declarant, the Architectural Review
Committee or any Owner shall have the right to enforce by any proceeding at law or in equity, any
and all restrictions, conditions, covenants, reservations, liens and charges imposed by the provisions
of this Declaration. Failure by the Association, the Declarant, the Architectural Review Committee
or by any 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 any action (whether in advance of or prior to the initiation
of any legal or equitable proceeding, in arbitration, in trial, in any administrative or other similar
proceedings, or in any appeal from any of the same) pertaining to any condition, restriction or
covenant herein contained (due to their alleged violation or breach) or for the enforcement of any
lien against any Lot or against any person or entity, unless otherwise in this Declaration expressly
provided, the prevailing party shall be entitled to recover all costs, including reasonable legal fees
Section 2. Severability. Invalidation of anyone of the covenants, conditions or restrictions
by judgment or court order shall in no way affect any other provisions, which shall remain in full
force and effect thereafter.
Section 3. Duration and Amendment. The covenants, conditions and restrictions of
this Declaration shall run with and bind the Lots, shall be deemed a part of all deeds and contracts
for conveyance of any and all Lots, and shall be binding on all Owners and all persons claiming
under them until January 1,2025, unless amended by an instrument signed by two-thirds (2/3) of the
Lot Owners then entitled to exercise two-thirds (2/3) of the voting rights as set forth in Article II,
Section 2. After January 1,2025, this Declaration shall be automatically extended for successive
periods of ten (10) years each, unless amended by an instrument signed by a majority of the then Lot
Owners. Notwithstanding the foregoing, Declarant reserves the right unto itself to amend this
Declaration at any time within eight (8) years after date hereof if doing so is necessary or advisable
A. Accommodate FHA, VA, FNMA other agencies, or lenders, involved with the financing
of residential structures within the Subdivision; or
B. To conform to the requirements of any governmental body or agency with permitting or
other regulatory authority; or
C. Correct any scrivener’s errors herein contained or to clarify any ambiguities contained
Any amendment to this Declaration must be recorded in the public records of Escambia County,
Section 4. Annexation. Declarant may, in its sole discretion and without consent of any
Owner or the Association, at any time, and from time to time, annex such additional property owned
by Declarant in Section 18, Township 3 South, Range 31 West, Escambia County, Florida, and
common areas (regardless of whether contiguous or not and regardless of whether residential or
otherwise) as Declarant shall in good faith determine. Such annexation shall be evidenced by an
instrument recorded in the public records of Escambia County, Florida, executed by Declarant
describing the real property to be annexed and any modifications and/or qualifications to this
Declaration to be applied to such annexed property (including potentially different use restrictions),
all as determined by Declarant in its sole discretion. Following any and all such annexations, the
owners of such additional property shall thereupon and thereafter have such rights, privileges and
benefits, including, but not limited to, the right to use the Common Areas, and shall be subject to
such responsibilities and obligations, all as set forth in such recorded annexation document.
Section 5. Nonliability of Association, et al. Neither the Association, its officers, directors,
Declarant, the Architectural Review Committee nor the Architectural Review Representative shall
in any way or manner, be held liable to any Owner or any other person or entity for failure to
enforce, or for any violation of, the restrictions, conditions, covenants, reservations, liens or charges
herein contained by any Owner.
Section 6. Special Parade of Homes Restriction. Lots 1-18, Block L, are, for purposes of
this section, referred to as “Parade of Homes Lots.”
Prior to June 15, 1998, no Owner or any other person shall construct on any the “Parade of
Homes Lots” a residential structure which is not eligible for, or intended to be, and (unless sold after
commencement of construction to a person or persons who will be occupying such structure as their
principal residence) in fact will be an entry in the annual Homebuilders Association of West Florida,
Inc. Parade of Homes to be held the later part of May and/or early June, 1998. Prior to June 15,
1998, notwithstanding any provision of this declaration to the contrary, neither the Architectural
Review Committee nor the Architectural Review Representative shall approve construction on any
“Parade of Homes Lot” until the Owner or other person proposing to undertake such construction
shall have first reasonably satisfied the Architectural Review Committee or Architectural Review
Representative that the proposed construction meets the criteria set forth in the preceding sentence.
Both Declarant and the Architectural Review Committee shall have the right to enforce this
provision by any proceeding at law or in equity, and in connection with any such action (whether in
advance of or prior to the initiation of such proceedings, or in any appeal from any of same) the
prosecuting party shall be entitled to recover all costs, including reasonable legal fees and expenses.
Section 7. Miscellany. Any single violation of any use restriction by an Owner shall
constitute a continuing violation which shall allow the Association or any other Owner to seek
permanent injunctive relief. In no event shall a violation of these conditions, restrictions or
covenants ever be interpreted to work a reverter or forfeiture of title. Unless otherwise expressly
provided herein, the requirements of the Association to give any type of notice provided herein may
be satisfied by mailing said notice, postage prepaid, to the last mailing address of the Owner as
reflected on the records of the Association.
KNOW ALL MEN BY THESE PRESENTS THAT in consideration for the issuance of State of
Florida Department of Environmental Protection permit No. 173058161 to Gulf Beach Highway
Properties, Inc. a Florida corporation, on August 19, 1997, Gulf Beach Highway Properties, Inc., a
Florida Corporation (Grantor) has granted to the State of Florida Department of Environmental
Protection, (Northwest District, 160 Governmental Center, Pensacola, FL 32501-5794) (Grantee), a
Conservation Easement in accordance with Section 704.06, Florida Statues, in and over the real
property in Escambia County, Florida, as set forth in the legal description attached hereto as Exhibit
“A” (and which said real property consists of numerous parcels, which are identified by approximate
acreage of each parcel, and which parcels are further divided into two categories, to wit: Green
Parcels and Orange Parcels).
As used herein, the term Grantor shall include any successor or assignee of the Grantor, and
the term Grantee shall include any successor or assignee of the Grantee.
It is the purpose and intent of this Conservation Easement to assure that the subject lands will
be retained and maintained forever predominately in the natural vegetative and hydrological
condition existing at the time of execution of the Conservation Easement, subject to the
qualifications hereinafter set forth.
Except for such specific activities as authorized pursuant to Department of Environmental
Protection Permit No. 173058161, included but not limited to creation, enhancement and
maintenance of wetlands as specified mitigation in said permit, the following activities are
prohibited on the property subject to the Conservation Easement.
(a) Construction or placing of buildings, roads, signs, billboards, or other advertising,
utilities, or other structures on or above the ground; provided, however, notwithstanding the
foregoing, the following activities shall be permitted: (1) a wooden boardwalk for purposes
of facilitating pedestrian traffic crossing a creek near the southerly end of the approximately
4.01 acre Green Parcel; and (2) one underground utility line (water main) crossing the first
approximately .25 acre Orange Parcel and the approximately 1.61 acre Orange Parcel.
(b) Dumping or placing of soil or other substances or materials as landfill or dumping or
placing trash, waste, or unsightly or offensive materials.
(c) Removal or destruction of trees, shrubs, or other vegetation; with exception of nuisance and exotic
plant species as may be required by Grantee.
(d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material
substances in such manner as to affect the surface, except as is minimally necessary to
accomplish the utility crossing referred to in (a)(2) above.
(e) Surface use except for purposes that permit the land or water areas to remain in its natural
condition, except as herein expressly permitted.
(f) Activity detrimental to drainage, flood control, water conservation, erosion control, soil
conservation, or fish and wildlife habitat preservation, except as herein expressly permitted.
(g) Acts or uses detrimental to such aforementioned retention and maintenance of land or
(h) Acts or uses detrimental to the preservation of any features or aspects of the property
having historical, archaeological or cultural significance; provided, however, notwithstanding
any provision of this conservation easement contained to the contrary, with respect to
approximately 3,000 square feet within the approximately 1.15 acre Orange Parcel which has
been determined by the Florida Secretary of State’s office to be of historical, archeological
and cultural significance, Grantor shall be permitted to construct thereon such barriers,
fences, signage, and to make such plantings, as might be agreed to between said Secretary of
State’s office and Grantor and as appropriate or necessary to protect the historical,
archaeological and cultural significance thereof.
Nothing herein contained shall preclude Grantor from establishing (by means of limited
under brushing and the placement of natural mulch, wood chips and/or bark, and/or a natural (e.g.
wooden) boarder for same) nature trails within the Orange Parcels; construction and maintenance of
a subdivision privacy fence (and related features) within the westerly, northerly and easterly most 25
feet of the .98 acre Orange Parcel, the westerly, northerly and easterly most 25 feet of the 1.40 acre
Orange Parcel, the easterly most 25 feet of the 3.5 acre Green Parcel, and the easterly most 25 feet of
the first 0.25 acre Orange Parcel; and new plantings within any of the parcels for purposes of
It is understood that the granting of this Conservation Easement entitles the Grantee or its
authorized representatives to enter the above-described land in a reasonable manner and at
reasonable times to assure compliance.
The Grantor on behalf of itself and its successors or assigns hereby agrees to bear all costs
and liability to the operation and maintenance to the lands subject to this Conservation Easement in
the natural vegetative and hydrological condition existing at the time of execution, subject tot he
qualifications herein above set forth and the Grantor does hereby indemnify and hold harmless the
Grantee from same. The Conservation Easement hereby granted and the obligation to retain
specified shall run with the land and shall be binding upon the Grantor and its successors and shall
inure to the benefit of the Grantee and its successors and assigns.
The terms and conditions of this Conservation Easement may be enforced by the Grantee by
injunctive relief and other appropriate available remedies. In any enforcement action in which
Grantee prevails, Grantor shall bear the costs or restoring the land to the natural vegetative and .
hydrological condition existing at the time of execution of this Conservation Easement or to the
vegetative and hydrologic condition required by the aforementioned permit. These remedies are in
addition to any other remedy, fine or penalty which may be applicable under Chapter 403, Florida
Any forbearance on behalf of the Grantee to exercise its rights in the event of the failure of
Grantor to comply with the provisions of this Conservation Easement shall not be deemed or
construed to be a waiver of the Grantee’s rights thereunder in the event of any subsequent failure of
the Grantor to comply.
ARTICLE I – NAME AND LOCATION
The name of the corporation is THE HERON’S FOREST PROPERTY
OWNERS ASSOCIATION, INC., hereinafter referred to as the
“Association.” The principal office of the Association shall be
located at P.O. Box 12412, Pensacola, FL 32582, Pensacola, Escambia County,
Florida, or such other places as designated by the Board of Directors, and
meetings of Members and Directors may be held at such places within the State
of Florida, Escambia County, as may be designated by the board of Directors.
ARTICLE II – DEFINITIONS
As used in these Bylaws:
Section 21. – Association. Association
means and refers to THE HERON’S FOREST PROPERTY OWNERS ASSOCIATION, INC., a
Florida Corporation not-for-profit, its successors and assigns.
Section 2.2 – Common Area. Common
Area means and refers to the Common Areas either as defined as such in
the Declaration or as designated as such by the Association, and, without
limiting the generality of the foregoing, shall include, among other things,
that certain real property (and rights or interest therein) contained ill those
two certain “Deeds of Common Areas” recorded in Official Record Book
4263, Page 0713, and Official Record Book 4281, Page 0988, all of the public
records of Escambia County, Florida.
Section 2.3 – Declarant. Declarant
shall mean or refer to Heron’s Forest Development Company, Inc., a Florida
corporation, its successors and assigns.
Section 2.4 – Declaration. Declaration
means and refers to that certain Declaration of
Covenants, Conditions and Restrictions for Heron’s Forest which is
recorded in Official Record Book 4203, Page 1199, of the public records of
Escambia County, Florida as the same may be amended, supplemented or restricted
from time to time as therein provided. In interpreting these Bylaws and the
Articles of Incorporation of the Association words and phrases herein which are
defined in the Declaration shall utilize the definitions in the
Declaration recorded at the time of application.
Section 2.5 – Lot. Lot means and refers
to all Lots as defined in the Declaration.
Section 2.6 – Member. Member
means and refers to those persons entitled to membership in the Association as
provided in the Declaration.
Section 2.7 – Owner. Owner means
and refers to an owner as defined in the Declaration.
Section 2.8 – Subdivision. Subdivision
shall mean and refer to Heron’s Forest, a subdivision according to
plat thereof recorded in Plat Book 16, Pages 18 and 18A, of the public records of
Escambia County, Florida.
ARTICLE III – MEETING OF MEMBERS
Section 3.1 – Annual Meeting. The first
annual meeting of Members shall be held on such date and at such time and place
in 1999, as the Board of Directors determines, and each subsequent regular
annual meeting of the Members shall be held each calendar year thereafter and
on such date and at such time as the board of Directors determines.
Section 3.2 – Special Meeting. Special
meetings of the Members may be called at any time by the President, by the
Board of Directors, or upon written requests of one-fourth of the Owners.
Section 3.3 – Notice of Meetings. Written
notice of each meeting of the Members shall be given by, or at the direction of
the secretary or person authorized to call the meeting, by mailing a copy of
such notice postage prepaid, at least seven (7) days before such meeting to
each Member entitled to vote thereat, addressed to the Member’s address last
appearing on the books of the Association, in the public records of Escambia
County, Florida, or supplied by such Member to the Association for the purpose
of notice. Such notice shall specify the place, day and hour of the meeting,
and, in the case of a special meeting, the purpose of the meeting.
Section 3.4 – Quorum. The presence in
person or by proxy at a meeting of Members entitled to cast one-fourth of the
votes of membership shall constitute a quorum for any action except as otherwise
provided in Articles of Incorporation, the Declaration, or these Bylaws. If,
however, such quorum shall not be present or represented at any meeting, the
Members entitled to vote thereat shall have the power to adjourn the meeting
without notice other than announcement at the meeting, until a quorum as
aforesaid shall be present or be represented.
Section 3.5 – Proxies. At all meetings of
Members, each Owner may vote in person or by proxy. To be valid. a proxy must
be dated, must state the date, time and place of the meeting for
which it is given, and must be signed by the authorized person who
executed the proxy. A proxy is effective only for the specific meeting for
which it was originally given, as the meeting may lawfully be adjourned and
reconvene from time to time, and automatically expires ninety (90) days after
the date of the meeting for which it was originally given. A proxy is revocable
at any time at the pleasure of the person who executed it. If the proxy form
expressly so provides, any proxy holder may appoint, in writing, a substitute
to act in his place.
Section 3.6 – Member Voting. Unless otherwise specified in the
Declaration, the Articles of Incorporation of the Association, or herein,
decisions that require a vote of the Members must be made by the concurrence of
at least a majority vote of the votes present, in person or by proxy, at a
meeting at which a quorum has been attained.
ARTICLE IV – BOARD OF DIRECTORS
Section 4.1 – Number. The affairs of this
Association shall initially be managed by a Board of three (3) Directors, who
need not be Members of the Association.
Section 4.2 – Election; Term of Office. Directors
shall be elected by Members in the manner, and for the term, set forth in the
Articles of Incorporation of this Association.
Section 4.3 – Removal. Any director may be
removed from the Board, with or without cause, by a two-thirds (2/3) vote of
the Members. In the event of death, resignation or removal of a director, his
successor shall be selected by the remaining directors and he shall serve for
the unexpired term of his predecessor.
Section 4.4 – Compensation. No director
shall receive compensation for any service he may render to the Association as
a director. However, any director may with prior approval of the Board of
Directors, be reimbursed for his actual expenses incurred in the performance of
his duties as director.
Section 4.5 – Meetings of Directors. Except
in an emergency, notice of all board meetings shall be posted in a conspicuous
place in the Subdivision at least forty-eight (48) hours in advance of the
ARTICLE V – NOMINATION AND ELECTION OF DIRECTORS
Section 5.1 – Nomination. Nomination for election
to the Board of Directors shall be made by a Nominating Committee. Nominations
may also be made from the floor at the annual meeting. The Nominating Committee
shall consist of a Chairman, who shall be a member of the Board of Directors,
and two or more Members of the Association. The Nominating Committee shall be
appointed by the Board of Directors prior to each annual meeting of the
Members, to serve from the close of such annual meeting
until the close of the next annual meeting and such appointment shall b<::
announced at ea.ch annual meeting. The Nominating Committee shall make as many
nominations for election to the Board of Directors as it shall in its
discretion determine, but not less than the number of vacancies that are to be
filled. Such nominations may be made form among Members or non-members.
Section 5.2 – Election. Election to the Board of
Directors shall be by voice vote or a show of hands, unless objected to by
thirty percent (30%) of the Members present at that meeting, in which case the
election shall be by written ballot. the persons receiving he largest number of
votes shall be elected. Cumulative voting is prohibited.
ARTICLE VI – MEETING OF DIRECTORS
Section 6.1 – Regular Meetings. Regular
meetings of the Board of Directors shall be held at such times, places and
hours as may be established from time to time by resolution of he Board.
Section 6.2 – Special Meetings. Special meetings of
the board of Directors shall be held when called by the President of the
Association, or by any two (2) directors, after not less than three (3) days
notice to each director, unless notice is waived by all directors.
Section 6.3 – Quorum. A majority of the
number of directors shall constitute a quorum for the transaction of business.
Every act or decision done or made by majority of the directors present at a
duly held meeting at which a quorum is present shall be regarded as the act of
ARTICLE VII – POWERS AND DUTIES OF THE BOARD OF DlRECTORS
Section 7.1 – Powers. The Board of Directors shall
(a) Adopt and publish rules and regulations
governing the use of the Common Area and facilities, and regulating the personal
conduct of the Members, their families, guests, tenants, agents and contractors
in the use of the Common areas, and to establish, if appropriate, penalties for
the infraction thereof;
(b) Suspend the voting rights of a Member during
any period in which such Member shall be in default in the payment of any
assessment levied by the Association. such rights may also be suspended after
notice and hearing, for a period not to exceed sixty (60) days, for infraction
of published rules and regulations by the Members or their families;
(c) Exercise for the Association all powers, duties
and authority vested in or delegated to this Association by these Bylaws, the Articles of
Incorporation or Declaration, and which are not reserved to the Members by
other provisions of these Bylaws, the Articles of Incorporation, or the
the office of a member of the Board of Directors to be vacant in the event such
member shall be absent from three (3) consecutive regular meetings of the Board
of Directors; and
a manager, an independent contractor, or such other employees or agents as the deem necessary, and to prescribe their duties and fix their compensation, if any.
Section 7.2 – Duties. It shall be the duty of the
Board of Directors to:
(a) Cause to be kept a complete record of all its
acts and corporate affairs and to present a statement thereof to the members at
the annual meeting of the Members, or at any special meeting when such
statement is requested in writing by one-fourth (1/4) of the Owners;
(b) Supervise all officers, agents and employees of
this Association, and to see that their duties are properly performed;
(c) As more fully provided in the Declaration, to:
(i) Fix the amount of any assessments against each
Lot and its due date;
(ii) Mail written notice of each assessment to
every Owner subject thereto at least thirty (30) days in advance of its due
(iii) If and as it deems appropriate, foreclose the
lien against property for which assessments are not paid within thirty (30)
days after due date and/or to bring an action at law against the Owner
personally obligated to pay same
(d) Issue, or cause au appropriate officer to
issue, upon demand by an person, a sealed certificate setting forth whether or
not any assessment has been paid. A reasonable charge may be made by the Board
for the issuance of these certificates. If the certificate states an assessment
has been paid, such certificate shall be conclusive evidence of such payment;
(e) Procure and maintain adequate liability and
hazard insurance on property owned by the Association, as it may deem
(f) Cause the Common Areas to be maintained; and,
(g) Coordinate and cooperate with the Architectural Review
Committee, as constituted in the Declaration, on matters pertaining to
architectural control with the Subdivision.
ARTICLE VIII – OFFICERS AND THEIR DUTIES
Section 8.1 – Enumeration of Officers. The
officers of this Association shall be a President, who shall at all times be a
member of the Board of Directors, A Vice-President, a Secretary and a
Treasurer, and such other officers as the Board of Directors may from time to
time by resolution create.
Section 8.2 – Election of Officers. The initial
officers of the Association are as set forth in its Articles of Incorporation.
Thereafter, an election of officers shall take place at the first annual
meeting of the Board of Directors following each annual meeting of the Members.
Section 8.3 – Term. The officers of this Association shall be
elected annually by the board of Directors and each shall hold office for one
(1) year unless he shall sooner resign, or shall be removed, or otherwise be
disqualified to serve.
Section 8.4 – Special Appointments. The Board may elect such other
officers as the affairs of the Association may require, each of whom shall hold
office for such period, have such authority, and perform such other duties as
the Board may, from time to time, determine.
Section 8.5 – Resignation and Removal. Any
officer may be removed from office with or without cause by the Board of
Directors. Any officer may resign at any time giving written notice to the
Board, the President, or the Secretary. Such resignation shall take effect on
the date of receipt of such notice or at any later time specified there in and,
unless otherwise specified therein. The acceptance of such resignation shall
not be necessary to make it effective.
Section 8.6 – Variances. A vacancy in any
office may be filled by appointment by the Board of Directors. The officer
appointed to such vacancy shall serve for the remainder of the term of the
officer he replaces.
Section 8.7 – Multiple Officers. The offices
of Secretary and Treasurer may be held by the same person. No person shall
simultaneously hold more than one of any of the other offices except in the
case of special officers created pursuant to Section 8.4 and, except for the
initial officers of the Association specified in its Articles of Incorporation.
Section 8.8 – Duties. The duties of the officers
are as follows:
(a) The President shall preside at all meetings of
the Board of Directors and Members_ shall see that orders and resolutions of
the Board are carried out shall sign all leases, mortgages, deeds, and other
written instruments not otherwise provided for in these Bylaws or by Florida
(b) The Vice-President shall serve as President, and
Chairman of the. Board of Directors, in the absence of the President; and is
authorized to sign all leases, mortgages, deeds and other written instruments
not otherwise provided for in these Bylaws or Florida statutes.
(c) The Secretary shall record the votes and keep the
minutes of all meetings and proceedings of the Board and of the Members in
written form; keep any corporate seal of the Association required by the Board
of Directors and affix it on all papers requiring said seal; serve notice of
meetings of the Board and of the Members; keep appropriate current records
showing the Members of the Association, together with their addresses, and
shall perform such other duties as required by the Board.
(d) The Treasurer (and/or such additional
officers of the Association as the Board of
Directors from time to time designates) shall receive and deposit in
appropriate accounts all monies of the Association and shall disburse such
funds as directed by the President (or in his absence the Vice-President) and
the Board of Directors; shall sign all checks of the Association; keep proper
books of account; cause an annual accounting of the Association books to be
made by a public accountant at the completion of each fiscal year; and shall
prepare an annual budget and a statement of income and expenditures to be
presented to the membership at its regular annual meeting, and deliver a copy
of each to the members.
ARTICLE IX – BOOKS AND RECORDS
The books, records and papers of the Association
shall at all times, during reasonable business hours, be subject to inspection
by any Member. The Declaration, the Articles of Incorporation and the Bylaws of
the Association shall be available for inspection by any Member at the
principal office of the Association, where copies may be purchased at
ARTICLE X – ASSESSMENT
Section 10.1 – Assessment. As more fully
provided in the Declaration, each Member is obligated to pay to the Association
annual and special assessments which are secured by a continuing lien upon the
property against which the assessment is made. Any assessments which are not
paid when due shall be delinquent. If the assessment is not paid within thirty
(30) days after the due date, the assessment shall bear interest from the date
of delinquency at the highest legal rate and the Association or an Owner (on
behalf of the Association) may bring an
action at law against the Owner personally obligated to pay the same and
foreclose the lien against the property. If the party initiating such action
prevails, is shall be entitled to recover reasonable legal fees from the
defendant and any such amounts so awarded shall be added to the amount of such
assessment. No owner may waive or otherwise avoid liability for the assessments
provided for herein by virtue of non-use of the common Areas or abandonment of
ARTICLE XI – CORPORATE SEAL
Section 11.1 – Corporate Seal. If directed
by the Board of Directors, the Association shall have a seal in circular form
having within its circumference the words: THE HERON’S FOREST PROPERTY OWNERS
ARTICLE XII – AMENDMENTS
Section 12.1 – Amendments. These Bylaws may
be amended at any time and from time to time by a vote of the majority of the
Board of Directors; provided, however, that HUD and VA has the right to approve
any amendments if there is then outstanding Class B membership.
Section 12.2 – Priority of Bylaws. In the case of any conflict
between the Articles of Incorporation and these Bylaws, the Articles shall
control; and in the case of any conflict between the Declarations and these
Bylaws, the Declaration shall control.
ARTICLE XIII – FISCAL YEAR
Section 13.1 – Fiscal Year. The fiscal year of the Association
shall begin on the first day of January and end on the 31st day of December of every year, except that
the date of commencement for the first fiscal year shall begin on 7/1/98.
Welcome to Heron’s Forest, a master planned community inspired by nature.
Heron’s Forest is not simply an alternative to the typical housing development, but rather offers a different lifestyle where neighbors live in harmony with the environment.
As building occurs within Heron’s Forest it is desirable to protect and preserve its exceptional features. Doing so is accomplished by not allowing Heron’s Forest to build out as merely a subdivision of houses, but rather a “neighborhood of homes.” The difference is people with the character and pride to appreciate what Heron’s Forest offers in terms of environmental compatibility, lifestyle and, frankly, value.
The stage has been set by the Developer in carefully master planning and developing Heron’s Forest. What remains are the “neighbors” who will build the “homes” that are consistent with the environmental harmony, lifestyle and appreciating value destined for Heron’s Forest.
Without intending to constrain creativity or dictate taste, the Heron’s Forest Architectural Review Committee (ARC) has carefully researched and formulated the following guidelines which, among other things, are intended to help assure that Heron’s Forest natural attributes are preserved and its potential is attained. These guidelines have been adopted by the ARC pursuant to the authority granted in the Heron’s Forest Declaration of Covenants, Conditions, and Restrictions (Declaration). Various capitalized words and phrases used herein are defined in that Declaration, which accompanies as Appendix A.
After reviewing the Declaration and these Guidelines, the architectural review process may be commenced by observing the directions in the Appendix C, the Architectural Review Process. Some, but not all, of the procedures and items reviewed by the ARC are set forth in the ARC “draft” checklist, attached as Appendix D.
Inquiries, questions and comments concerning these guidelines are welcome and should be directed to:
Architectural Review Committee Attention: Jennifer Jernigan 17 South Palafox Street, Suite 394 Post Office Box 12358 Pensacola, Florida 32582-2358 Phone: 850-434-5330 Fax: 850-434-6829
Please note that these Guidelines, along with Appendices B, C, and D; are subject to change without notice. Owners should check with the ARC immediately prior to planning their construction to verify that they have the current Architectural Guidelines. Also, while the ARC is authorized to grant variances from these Guidelines and certain of the restrictions contained in the Declaration, it is anticipated that such situations would not be common. Various capitalized words and phrases used herein are defined in the Declaration.
LANDSCAPING STANDARDS & CRITERIA
Heron’s Forest is one of the most thickly wooded parcels of land remaining along Florida’s northern Gulf Coast. With the intent of trying to preserve the inherent beauty, esthetic qualities and positive environmental effect of the “forest,” the Developers have taken great care, at significant expense, to preserve and maintain as much of the “forest,” with its attendant over story, as possible by implementing a cautious “clear only what is minimally required” approach in making improvements. Toward the same end, the “forest” was a central theme in designing Heron’s Forest overall layout, which has resulted in abundant Green Spaces and buffers. Where trees unavoidably had to be removed, an aggressive replanting program was undertaken by the Developer.
For these same reasons, and so that preservation of the “forest” may be maintained for the benefit of all Owners and the environment, one of the most stringent requirements of these Guidelines is that each Lot Owner observe the “clear only what is minimally required” approach to tree preservation and building homes, followed by a wholesome dose of quality landscaping.
Lot Clearing and Tree Preservation
No clearing, grading, disturbance, filling or the like is permitted on any Lot until: (1) the Owner has obtained final construction and landscaping plan approval from the ARC; and (2) the Owner is prepared to commence construction immediately following approved clearing activities (e.g. all required permits are in hand; any required financing is in place; etc.).
Owners are urged to complete their tree survey (the purpose of which is to locate and identify, by size and type, all 6″ or greater caliper* trees on their Lot) in advance of finalizing the design of their house and its lay-out on the Lot. All improvements are to be carefully planned with a view toward ideally avoiding the destruction of 6″ or greater caliper trees, particularly hardwoods. It is recognized that because of the abundance of such trees at Heron’s Forest some loss will be unavoidable.
As an alternative to a tree survey, with the consent of the ARC, owners may clearly mark their lots (e.g. surveyor’s tape showing that desired to be cleared) and have same inspected on site by one or more members of the ARC.
Upon obtaining from the ARC final approval of construction and landscaping plans, an Owner may clear the Lot immediately prior to commencing construction but not prior to that time. Clearing activities shall be limited to removal of all vegetation within a reasonable working distance of the footprint of the improvements shown on the approved site plan and, if desired by the Owner at this time, under brushing the balance of the lot (although Owners are required to preserve all trees of 4″ or greater caliper within the Greenbelts without prior ARC written approval).
* For purposes of these landscaping standards, “caliper” is defined to mean the trunk diameter of a tree measured 4 feet above the ground.
Under brushing for these” purposes refers to the removal and/or cutting off within a few inches of ground level vegetation of less than 4″ caliper.
By implementing this approach to Lot clearing, at a minimum all 4″ caliper trees will initially be preserved, except for those located within a reasonable working distance of the actual building, driveway, etc., footprint.
In performing the clearing, and thereafter during construction, all equipment, vehicles, material trucks and the like should access the interior of the Lot only along the approved driveway route so as to minimize damage and/or disturbance to preserved trees. During construction, in addition to restricting equipment and vehicular access to the proposed driveway (areas), the Owner is required to undertake such additional safeguards (such as roping off or fencing protected trees and their root systems, etc.) as are reasonably required to protect the remaining trees from damage (including protection of roots, tree trunks and bark, etc.).
The burning of removed vegetation on a Lot is prohibited.
Following completion of construction, proper tree care and maintenance shall be undertaken by all Owners and tree preservation shall observe the foregoing guidelines. No tree greater that 4″ caliper shall be removed without the prior written approval of the Architectural Review Committee.
Because of the critical importance of the tree preservation program at Heron’s Forest, these Lot clearing standards are more strict than those normally encountered by homebuilding contractors (and their Lot clearing subcontractors). Accordingly, Owners are urged to review these Lot clearing standards very carefully with their contractor and, if possible, to be present when the actual clearing activity occurs. Owners are responsible for damages which occur as a result of careless clearing.
Landscaping Plan Criteria
In addition to the tree preservation which should result from the Lot clearing procedures discussed above, it is possible that tree planting may be required as set forth below. This program represents a commitment by all Owners to maintain and enhance the “forest” image and character of Heron’s Forest.
There shall be planted on each Lot the number of two inch or greater caliper live oak trees specified below (plus, in the case side street Lots, three additional trees along the side street line):
Lots in Blocks A through E, and all lots in Phase II - 2 Street Trees Lots in Blocks F through N - 3 Street Trees
The street trees shall be planted between 10′ and 15′ behind the curb of the abutting street and fairly evenly spaced. This street tree provision may be waived, in whole or in part, by the ARC upon request of an Owner whose Lot has numerous existing large (6″ or greater caliper) trees in the same general area as where the street trees would be planted.
Right-of- Way Trees
There shall be planted the number of 6′ to 8′ tall flowering frangible trees (e.g. crepe myrtles, ligustrums, etc., all pruned to tree form) specified below (plus, in the case of side street lots, three additional such trees along the side street line):
Lots in Blocks A through E and all lots in Phase II: 2 right-of-way trees Lots in Blocks F through N: 3 right-of-way trees
The right-of-ways trees shall be planted between 8′ and 10′ behind the curb of the abutting street and fairly evenly spaced. This right-of-way tree provision may be waived, in whole or in part, by the ARC upon request of an Owner whose Lot has numerous existing large (6″ or greater caliper) trees in the same general area as where the right-of-way trees would be planted.
There are very few areas within Heron’s Forest that do not have a significant number of healthy trees that should be preserved as a result of the tree preservation program. However, where any such area might exist or occur, then, in addition to the street tree and right-of-way tree requirements the Architectural Review Committee may require that new trees (typically hardwood of 2″ or greater caliper, or, a greater number of long needle pines of 6′ to 8′ height) be planted.
Saint Augustine shall be used to sod all of the Lot, except: (1) those areas receiving other landscaping or construction improvements; and (2) any areas where the Owner and ARC agree that the natural characteristics (e.g. very thickly wooded, environmentally sensitive, etc.) do not recommend; and (3) that portion of the Lot behind (i.e. toward the back) the rear line of the residential structure. The last exception in the previous sentence refers to the fact that the back yard of the Lot will not be required to be sodded, although it is recommended and preferred. Sod shall be carried to the back of the curb of all adjacent streets and to the edge of paved improvements (unless interrupted by an approved planting bed or shrubs).
All utility fixtures (except fire hydrants), HVAC, pool pumps, exposed trash container’s storage areas and the like shall be screened from view (whether located on the Lot, or in that portion of the road right-of-way between the Lot line and the edge of the curb of the abutting street). The minimum planting height of shrubbery for these purposes may vary, but typically might be 2′ and/or sized to attain a 4′ height and 80% opacity within two years after planting.
Some utility fixtures (such as electric transformers) are located in road right of ways, between the Lot line and curb, but approximately striding two Lot lines (i.e. at a lot comer). Where that is the case, of the two Lots abutting that lot comer the first Lot to be built upon shall be responsible to screen with landscaping any such utility fixtures.
The ARC reserves the right to specify uniform (or provide a short-list for Owners to choose from) shrub(s) for all screening purposes.
Berms for screening are prohibited.
Planting beds, ground cover and/or shrubs in at least the front and side yards are a condition of the landscape plan. The minimum amount of planting bed and/or shrubs will be determined from reference to the minimum Lot planting requirements set forth below, with approximately two-thirds of the planting beds/shrubs to be located in the front yard and one-third in the side yards. It is to be noted that the quantities set forth below are minimum; Owners are encouraged to do more; and the ARC reserves the right to require greater quantities where circumstances warrant.
Lots in Blocks A-E and all lots in Phase n 2 Evergreen trees - 6' + in height 2 Flowering trees - 6' + in height 75 3 gallon shrubs Lots in Blocks F-N 3 Evergreen trees - 6' + in height 3 Flowering trees - 6' + in height 125 3 gallon shrubs
Any trees or shrubs required to be planted by reason of any of the tree and screening requirements set forth above may be credited against these minimum requirements.
For a variety of height, color and texture, substitution to the above shrub quantities may be made as follows:
3-1 gallon ground covers = 1-3 gallon shrub (but with total landscape of no more than 50% ground cover) 1-15 gallon shrubs = 5-3 gallon 1-7 gallon shrubs = 1-3 gallon 1-5 gallon shrubs = 2-3 gallon
Greenbelts are those areas of each Lot shown on the Plat “generally” including the rear building set-back area (and the side Lot set back area on side street Lots). Greenbelts should not be confused with Green Spaces, which are those areas shown on the Plat as “Green Space” but are not a part of any Lot. Greenbelt areas are not inviolate; however, the following concepts are encouraged (particularly taking into account privacy considerations when it is recalled that many Greenbelts abut adjacent Green Spaces where pedestrian traffic might occur): Moving from the front to the rear of the Greenbelt, sodding may be phased out in favor of planting beds with ground cover; and, moving from the front to the rear of the Greenbelt, 6″ caliper to substantially all trees should be preserved. The preceding is for rear Lot Greenbelts, which occur on substantially all Lots. On side street Lots, there may also be a side Greenbelt which typically corresponds with the side street set back line. In this area, substantially all trees of 4″ caliper or greater are to be preserved with ground cover, sod or planting beds (whichever is consistent with the Lot landscaping plan) carried under the trees and to the back of curb.
It is recognized that in some cases (particularly irregularly shaped Lots) that patio and/or deck corners, swimming pools, house corners, etc. might encroach into the Green Belt Area. While such situations are discouraged and reasonable efforts should be taken to avoid same, the ARC may waive such encroachments where circumstances warrant. In considering such waivers, the ARC shall take into account, among such other factors as it deems appropriate, the size of both the Greenbelt and adjacent Green Space, the “backyard” neighbor, etc.
With a view toward encouraging harmonious landscaping throughout Heron’s Forest, the ARC has, in consultation with Developer’s landscape architects, Reece, Hoopes and Fincher, of Atlanta, Georgia, established a recommended plant list, which accompanies as Appendix B. Planting materials other than those on the recommended list will be considered by the ARC as a part of the Architectural Review Process. Palm trees (other than windmill and sago palms) are prohibited in Heron’s Forest.
Landscaping shall be planted using best practices, with appropriate soil amendments and utilizing the services of an experienced landscape contractor. Planting beds shall be liberally mulched with an approved mulching material (e.g. hardwood chips or pine straw). For two years after planting, any plants which do not survive shall be promptly replaced. The Owner shall schedule landscape planting to be complete prior to the occupancy of the residence.
All Lots shall have a fully automatic irrigation system for irrigating at least the front and side yards with 100% coverage. The irrigation system shall be designed and operated for efficient conservation of water usage and adjusted so that the spray pattern does not excessively extend onto impervious surfaces.
Owners of Lots in Heron’s Forest shall maintain the landscaping on their Lot (and also that area between their Lot line and adjoining street curb) in a healthy, clean and attractive manner. Landscaping shall in no way detract from the appearance of the neighborhood. Landscape maintenance shall include, but not be limited to, the mowing and edging of all lawn areas; the pruning and authorized cutting of trees and shrubbery; the removal of weeds and unsightly materials from all planting beds; the maintenance and periodic restoration of mulch in planting beds and shrub areas; and the fertilizing and watering of all plant materials and lawn. All landscape maintenance shall be executed in a manner, and with such frequency, as is consistent with diligent and good property management.
If any Lot becomes unattractive in appearance due to neglect, or plant material has been allowed to become detrimental to adjoining property Owners, the Association shall have the right to remedy the condition in question, at the expense of the Owner, all as more particularly set forth in the Declaration.
STRUCTURE SITING AND BUILDING AREA
Every lot will be sited to contain: (A) Landscape Area, and (B) Building Area (see illustration below).
In general the Line between the Landscape Area (A) and the Building Area (B) is typically the same as the Front and Side setback lines as set forth in the Declaration, with rear line typically parallel to the front Lot line and typically the same as whichever of the following is nearest the front Lot line: The rear building setback line or the Greenbelt (as reflected on the Plat). Once the residential structure and other improvements siting is approved, the balance of the Building Area (B) shall also become Landscape Area (A).
PLACEMENT OF RESIDENCE
The residence structure shall be placed within the boundaries of “B,” the Building Area. This is not an absolute, but variances will require a showing of significant need precipitated by house and/or Lot configuration and size.
No particular design is mandated, but all houses are to be “traditional” in style, harmonious with the surroundings and must meet the approval of the ARC.
All exterior lighting must be directed downward, diffused or of low wattage. Colored exterior lighting or exterior lighting directed towards streets or roadways will generally not be permitted, absent unusual circumstances. Lighting fixtures must be compatible with the residence structure’s design and style and must be placed appropriately.
EXTERIOR MATERIALS AND COLORS
Most authentic exterior materials are acceptable, including:
- Stucco – smooth or textured
- Masonry – stone, brick, split rock, ceramic, marble
- Wood (typically painted or stained) – timbers, board, tongue
and groove, rough sawn lumber, wood shingles, shakes
Vinyl siding will typically not be approved and is discouraged unless a clearly superior product. Aluminum siding typically will not be approved.
Exterior textures and colors must be harmonious with the natural landscape and no bright colors, except white, shall be acceptable as the dominant color of the residence.
GARAGES, DRIVEWAYS AND WALKWAYS
Each residence must have a private, fully enclosed garage for not less than two cars. Garages may be attached or detached and must be located within the “B,” Building Area. On all Lots in Blocks F through N, garages shall be side loading: provided, however, if the square footage of the residential structure is 2,500 or more, the ARC may authorize a front loading garage where the size and configuration of the residence, as compared to the size and configuration of the Lot, make a side loading garage impossible or impractible. Double garage doors must be a minimum of 16′ in width and-all overhead garage doors must employ automatic door openers. Typically, garage doors should be 7′ high. Driveways should be located at least 5′ off the side Lot line, except for side entry garages which will be approved on a case by case basis.
Driveways shall be constructed of concrete, pavers, brick or stone, and typically shall not exceed 20′ in width, and shall be constructed to join at the top of the existing curbing along the street. Cuts of the existing curbing are not permitted. Asphalt, blacktop or gravel driveways are not permitted.
Walkways from the entrance of the residence must be of a material which is either the same of that of the driveway or one which is compatible with the driveway and the residence.
All mailboxes in Heron’s Forest will conform into one design with construction specification provided by the ARC.
ROOFS AND CHIMNEYS
Cement tile, clay, standing metal seam, slate or asphalt or fiberglass shingles of dimensional shape (235 lbs. or greater per square) are the recommended materials for all roofs. Other material will be considered on an individual basis. Minimum roof slope will be 6/12 (except that the ARC may consider roofs covering porches at 4/12 minimum slope).
Chimney exteriors shall be of the same material as the predominant exterior material on the residential structure; however, if brick is the predominant exterior material of the residential structure and a metal fireplace is used, the chimney may be either stucco (preferred) or a high quality vinyl siding approved by the ARC.
Chimney caps are required to cover stove pipes of metal fireplaces. Flashings and chimney caps must be either weathered copper or painted to match the approved roof color.
Roof stacks and vents should not extend above the ridge line and should be painted the same color as the roof.
SATELLITE RECEIVING DISHES
The old style, large satellite receiving dishes are prohibited. As a general matter, the newer technology smaller satellite dishes are not prohibited but shall first obtain ARC approval. Generally, any such permitted smaller satellite receiving dishes shall be required to be fully concealed from view from front and side Lot lines.
SCREEN PORCHES, ENCLOSURES AND PATIOS
All screen structural material must be anodized or electrostatically painted in color harmony with the residence exterior.
Patios shall be located in the Building Area (B) to the rear of residence. Front and side locations must be approved on an individual basis.
Patios should be constructed with natural colored concrete, slate, flagstone, brick, wood, tile, pebble, or stamped concrete.
SWIMMING POOLS, TENNIS COURTS AND OUTBUILDINGS
Pools must be located to the rear of the residence, completely enclosed and attached to the main residential structure, with the design and construction details approved by the ARC.
Tennis courts are not permitted.
Outbuildings must be approved by the ARC, placed within the Building Area (B) and typically screened by vegetation.
WALLS AND FENCING
All fencing and walls shall be approved by the ARC.
Typically walls and fencing forward of the rear line of the residential structure will not be approved, except perhaps for architectural fencing segments, or short runs in the side yard forward of a permitted year yard privacy fence.
While privacy fencing outside of the Building Area (B) is strongly discouraged, it shall be approved, if: (1) any exterior wood surface is stained a natural and neutral color; (2) trees are not cut to install same; (3) they are of a decorative design consistent with the design of the residential structure; and (4) other requirements which might be imposed by the ARC are complied with. The standard type all wood privacy fencing is prohibited. Where neighboring lots have permitted privacy fencing extending outside the Building Area (B), the ARC may (but is not required to) take into account the color and design of same in approving any neighboring fencing.
Any permitted walls or fences should not exceed an average height of 4′, and in no instance 6′.
The information above is as it was found in the original document. The current fencing and walls policy resulting from the Navy fencing project is described next.
The Architectural Review Committee (ARC) will grant a waiver to those homes that have their greenbelt area adjacent to the Navy property that was cleared for fencing. The walls or fences that face the cleared areas (back fences) can be as high as 8-ft. Side fences may have narrow 8-ft. high sections ajoining the back fence to transition the shorter sides. Side fences of 8-ft. are not allowed.
However, the ARC must approve all fencing and walls, and special permission from Escambia County must be acquired before any fence higher than 6 feet can be erected.
DOORS AND WINDOWS
Front doors should be of a decorative nature and constructed of solid wood, infilled with wood or glazed panels, or metal/fiberglass with full glazing. Flush doors are not acceptable. Side lights and transoms are permitted; however, they should be compatible with the entrance door and design. Oval shapes at doors and side lights are allowed, and arched transoms are permitted. Sliding glass doors are discouraged on elevations exposed to the street. Trim or casing shall be used at all door, side light and transom conditions, with trim color coordinated with adjacent window trim color.
Windows shall be fabricated of wood, vinyl, vinyl clad or white painted aluminum. Clear (non-tinted, non-reflective) glazing is required, except where stained/beveled/leaded glass or glass block is used. Window trim or casing color shall be coordinated with adjacent door trim color. Acceptable window types are double or single hung, casement or awning. Sliding window units are prohibited. Fixed glass is permitted only in transom and glass block applications.
Foundations of the main residential structure must be a minimum of 20″ above finish grade. Where appropriate, the elevated foundation may take the appearance of off-grade construction. Elevated foundations serve as an attractive base for the house while creating a stately presence.
It may be that there will be one or more homebuilders constructing from time to time spec house(s) in Heron’s Forest. Without yielding on the Architectural Standards applicable to all homes in Heron’s Forest, in such, or similar, cases the ARC reserves the right to work with the builder to facilitate the Architectural Review process, charge a reduced Architectural Review process fee, etc.
During the entire construction process, all Owners shall be responsible for construction debris, storm water run off and such matters. Towards these ends, during construction each Owner shall provide a completely enclosed area where construction debris, trash and rubbish is to be temporarily stored until permanently removed from the community; shall prevent top soils and other materials from washing in to adjacent streets and/or on to adjacent property; and periodically (not less often than weekly) shall police not only their lot, but also all areas in the vicinity thereof whereon construction debris might have washed, blown, etc. Failure of any Owner (and all Owners shall be responsible for their homebuilder) to diligently adhere to the foregoing guideline shall be grounds for the ARC to suspend, without notice, construction plan approval, until such time as the situation is properly remedied and/or assurances provided of its discontinuance.
KEY TO LANDSCAPE STANDARDS AND CRITERIA
The following is a summary of design, materials and installation elements the ARC requires, recommends and/or encourages. These items are described further in this section in the following order.
- Applicability of Landscape Standards – Discusses approval of landscape plans.
- Community- Wide Landscaping Maintenance Standards – Discusses landscape maintenance standards for the community.
- Definitions – Definitions of landscape terminology.
- Existing Vegetation – Requirements for preservation of existing vegetation.
- Greenbelt – Details the treatment and care of Greenbelts.
- Hedge Planting for Screening – Restrictions/requirements on hedges used for screening.
- Irrigation System – Describes irrigation system requirements.
- Landscape Plan – Discusses landscape plan submission.
- Plant Palette – Lists recommended plants.
- Planting Beds – Details planting bed and shrub planting program.
- Sod – Lists the acceptable type of sod and amount of coverage.
- Tree Planting – Details tree planting program.
Applicability of Landscape Standards
The following landscaping standards shall apply to all Lots within Heron’s Forest. The ARC has adopted these standards as an integral part of the Heron’s Forest Architectural Guidelines. No lot clearing, grading or landscaping shall commence in any respect until the ARC has completely approved the Owners plan. All landscaping shall be completed prior to occupancy.
Architectural Guidelines: APPENDIX B
Plant Palette for Heron’s Forest
|Botanical Name||Common Name|
|Agapanthus Afiicanus||‘Peter Pan’|
|Ajuga Genevensis||Geneva Bugleweed|
|Aspidistra Elatlor||Cast Iron Plant|
|Euonymus Fortunel||Running Strawberry Bush|
|Hedera Helix||English Ivy|
|Juniperus Conferta||Shore Juniper|
|Juniperus Horizontalis ‘Plumosa’||Andoria Juniper|
|Lantana Camara ‘Horizon’||Horizon Lantana|
|Lantana Camara “Gold Mound’||Golf Mount Lantana|
|Lantana Montevidensis||Weeping Lantana|
|Vinca Major||Dwarf Periwinkle|
Asparagus PlumosusPlumosa Asparagus Fern
|Botanical Name||Common Name|
|Camps is Radicans||Trumpet Creeper (N)|
|Clytostoma Callistegioides||Painted Trumpet|
|Ficus Pumila||Climbing Fig|
|Gelsemium Sempervirens (P)||Carolina Yellow-Jessamine (N)|
|Passiflora Spp.||Passion Flower|
|Jasminum Mesnyl||Primrose Jasmine|
|Juniperus Chinensi||Pfitzer Juniper|
|Lantana Camara||Common Lantana|
|Photinia Glabra||Japanese Photinia|
|Podocarpus Macrophylla Maki||Japanese Yew|
|Rhaphiolepis Indica ‘Alba’||Dwarf White Hawthorn|
|Rhaphiolepis Indica ‘Majestic Beauty’||Majestic Beauty Hawthorn|
|Rhododendron Indicum ‘Red Ruffle’||Red Ruffle Azalea|
|Severinia Buxifolia||Chinese Boxorange|
|Spiraea Cantoniensis||Reeves Spirea|
|Trachycarpus Fortunel||Windmill Palm|
|Viburnum Suspensum||Sandankwa Viburnum|
|Botanical Name||Common Name|
|Camellia Sasanqua||Sasanqua Camellia|
|Chamaerops Humilis||European Fan Palm|
|Feijoa Sellowiana||Pineapple guava (Feijoa)|
|Illicium Anisatum||Japanese Anise-tree|
|Illicium Parviflorum||Dwarf Anise|
|Ligustrum Japonicum||Japanese Priver (Glossy)|
|Michelia Fuseara||Banana Shrub|
|Nerium Oleander||Common Oleander|
|Photinia Serrulata||Chinese Photinia|
|Pittosporum Tobira||Japanese Pittosporum|
|Wisteria Sinensis||Chinese Wisteria|
|Allamanda Cathartica||Common Allamanda|
|Botanical Name||Common Name|
|Berberis Thunbergii Atropurpurea||Japanese Barberry|
|Buxus Harlandi||Harland Boxwood|
|Buxus Mierophylla cv. Japoniea||Japanese Boxwood|
|Fatshedera Lizel||Botanical Wonder|
|Gardenia Jasminoldes “Prostrara”||Dwarf Cape-Jasmine (Gardenia)|
|lIex Crenata||Japanese Holly (Dwarf)|
|lIex Vomitoria ‘Nana’||Dwarf Yaupon|
|Jasminum Floridum||Showy Jasmine|
|Ligustrum Sinensis Variegata||Variegated Chinese Priver|
|Pyracantha Spp.||Dwarf Firethorn|
|Rhapidophyllum Hystrix||Needle Palm|
|hododendron Obtusum||Kurume Azalea|
|Zarnia Integrlfolla||Coontie Palm|
|Botanical Name||Common Name|
|Abelia Grandiflora||Glossy Abella|
|Ardisia Crenata||Coral Ardisia|
|Aucuba Japonica Variegata||Gold Dust Plant|
|uxus Microphylla Japonica||Japanese Boxwood|
|Callistemon Rigidus||Stiff Bottlebrush|
|Euonymous Japonicus||Evergreen Euonmymous|
|Gardenia Jasminoides||Cape-Jasmine (Gardenia)|
|Ilex Cornuta ‘Burfordi’||Burford Holly|
|Pittosporum Tobira ‘Variegata’||Variegated Pittosporum|
|Pyracantha Koidzumi||Formosa Firethom|
|Vitex Aguus-Castus||Chaste Tree|
|Yucca Aloifolia||Spanish Bayonet|
|Botanical Name||Common Name|
|Gordonia Lasianthus||Loblolly Bay|
|Illex Opaea ‘Savannah’||Savannah Holly|
|Hex Opaca||American Holly|
|Magnolia Liliflora||Saucer Magnolia|
|Viburnum Odoratissium||Sweet Viburnum|
|Lagerstromia Indica||Crape Myrtle|
|Botanical Name||Common Name|
|Acer Rubrum||Red Maple|
|Cinnamomum Camphora||Camphor Tree|
|Magnolia Grandiflora||Southern Magnolia|
|Quercuc Laurifolia||Laurel Oak|
|Quercus Phellos||Willow Oak|
|Quercus Virginianna||Live Oak|
|Liquidambar Stryraciflua||Sweet Gum|
Architectural Review Process: APPENDIX C
The Architectural Review Process is a required prerequisite before building a home in Heron’s Forest, and should be completed BEFORE A LOT IS CLEARED OR OTHERWISE DISTURBED. The purpose of the review process is not to restrict design freedom or make design decisions. The intent of the Architectural Review Committee (ARC) is to ensure that individual homes maintain the overall desired character of Heron’s Forest. The ARC may be contacted as follows:
Heron's Forest Architectural Review Committee Attention: Jennifer Jernigan 17 South Palafox Street, Suite 394 P. O. Box 12358 Pensacola, Florida 32582-2358 Phone: 850-434-5330 Fax: 850-434-6829
PART 1 – CONCEPTUAL REVIEW
This review is recommended but not required, and allows for an evaluation at the schematic stage of the project. The following are requested, but not required.
(1) Site Plan (1 ” = 10′ preferred, but not less than 1″ = 20′) showing the following: (i) The Landscape Area (A) and Building Area (B) (refer to Architectural Guidelines topic “Structing Siting and Building Area”); (ii) the Greenbelt line; (iii) all existing trees having a 6″ or greater caliper, by size and type; (iv) all proposed improvements; (iv) Lot dimensions; (vi) Lot drainage; and (vii) approximate location of any above the ground utility fixtures.
(2) Floor Plan (1/4′ = 1′)
(3) Elevations (1/4′ = 1 ‘)
PART 2 – FINAL REVIEW
This is the formal submittal required by the Heron’s Forest Declaration of Covenants, Conditions, and Restrictions, and allows the Architectural Review Committee to check the completed construction documents for conformance with that Declaration and the Heron’s Forest Architectural Guidelines.
NEITHER THE ARCHITECTURAL REVIEW COMMITTEE, NOR THE HERON’S FOREST PROPERTY OWNERS ASSOCIATION, REVIEWS THE CONSTRUCTION DOCUMENTS FOR COMPLIANCE WITH ANY APPLICABLE BUILDING CODES, SAFETY CODES, LAND USE REGULATIONS OR THE LIKE, ALL OF WHICH ARE THE RESPONSIBILITY OF THE OWNER.
The following is required:
A. A letter requesting plan approval including the name, address, and phone number of the owner, builder, and a check payable to the Heron’s Forest Homeowners Association for $200. (Builders engaged in an ongoing building program within Heron’s Forest should submit the agreed upon fee.)
B. Site Plan showing the same things as required for the conceptual review.
C. Landscape plan (1 ” = 10′ preferred, but not less than 1″ = 20′) details, which also show all existing trees (by type and size) having a 6″ or greater caliper, complete with irrigation plan; plant sizes and quantities; the limits of sodding; and other requirements set forth in the Architectural Guidelines. The ARC is cognizant of the fact that particularly after construction of the residential structure commences, Owners sometimes desire to modify their landscape plans to better suit the actual on the ground conditions. To facilitate any such changes, dependant upon the degree of change, the Owner may simply submit two copies of a marked up version of the originally submitted and approved landscape plan without any fees, and allow the ARC 15 days from receipt to review same.
D. Floor Plans (1/4′ = I’ ).
E. Elevation (front, sides, and rear) (W1/4′ = I’), to include exterior materials.
F. Eve, door and window (and shutter, if any) information and trim detail (1/4′ = 1 ‘).
G. A sample of the primary Exterior Siding Materials, together with color samples and/or explanation of all exterior colors/stains to be used.
H. Chimney Design and Materials.
I. Garage Door Details (including materials, size, manufacturer).
J. Exterior lighting plan.
Scales approximating those indicated above will be adequate. Materials submitted to the Architectural Review Committee WILL NOT BE RETURNED. Submittal of the above materials generally should be all that is required, however, from time to time the Architectural Review Committee may request additional information.
The ARC reserves the right to work with responsible builders engaged in an on-going building program within Heron’s Forest to facilitate multiple plan approvals, multiple lot clearing procedures, reduced architectural review process fee, etc. However, such action by the ARC is intended solely as a procedural expedient, and not a waiver of any other provisions of the Declaration or Architectural Guidelines.
If any Association assessments for a Lot are unpaid, plans submitted with respect to that Lot will be rejected and not approved until such time as the delinquent assessments ‘are paid in full and the plans again submitted for review.
By unanimous action of all of the Board of
Directors of The Heron’s Forest Property Owners Association, Inc., at a duly
called and conducted meeting of said Board of Directors on Thursday, December
7, 1999, the following provisions of the Association’s Bylaws were, pursuant to
authority vested in the Board of Directors by the Association’s Articles of
Incorporation, amended, modified, and restated, as follows:
Section 4.1 – Number of directors.
This provision is restated in total to hereafter read as follows:
The affairs of this Association shall initially be managed by a board of
three directors, but with the number of directors phasing into five directors
as provided for in Section 4.2 below, none of which directors need to be
members of the Association.
Section 4.2 – Election: Term of Office.
This provision is restated in total to
hereafter read as follows:
As provided for in the Association’s Articles on Incorporation, directors
shall be divided into three classes as indicated by their initial term of
office set out in Article V, sub-part A, of said Articles of Incorporation, and
whose terms of office shall expire in consecutive years. The first election of
directors shall be held at the second annual meeting of members (that is, the
annual meeting of members for the year 2000) at which time the members shall
elect (or re-elect) a director to replace the director whose initial term of
office is specified as being one year, plus one additional director, with the
then elected (or re-elected) directors to have a term for three years. Thereafter,
the second election of directors shall be held at the third annual meeting of
members (that is, at the 2001 annual meeting of members) at which time members
shall elect (or re-elect) a director to replace the director whose initial term
of office is specified as being two years, plus one additional director, with
the then elected (or re-elected) directors to have a term for three years.
Thereafter, the third election of directors shall be held at the fourth annual meeting of members (that is,
at the 2002 annual meeting of members) at which time members shall elect (or
re-elect) a director to replace the director whose initial term of office is
specified above as being three years, with the then elected (or re-elected)
director to have a term for three years. Thereafter, the next class of
directors shall be elected by the members at each subsequent annual meeting of
the members for three year terms.
In compliance with the requirements of Chapters 607 and 617. Florida Statutes, the undersigned, for the purposes of forming a corporation not-for-profit, do hereby adopt the following Articles of Incorporation for such corporation.
ARTICLE I – NAME
The name of the corporation shall be THE HERON’S FOREST PROPERTY OWNERS ASSOCIATION, INC. (hereinafter “Association”).
ARTICLE II – NON-PROFIT PURPOSE
The Association is formed exclusively for purposes for which a corporation may be formed under the Not-for-Profit Corporation Law of the State of Florida. and not for any pecuniary profit or financial gain. No part of the assets, income or profits of the Association shall be distributed to its members, directors or officers. The Association shall not engage in any activity prohibited to a not-for-profit corporation under the laws of the State of Florida.
ARTICLE III – GENERAL AND SPECIFIC PURPOSES AND POWERS
A. General Purposes. Subject to Article II hereof, the general purposes for which the Association is formed are to provide for the acquisition. construction. annexation. management, maintenance and care of “Common Areas.” as well as any public lands adjacent to or in the immediate vicinity of any such Common Areas, all as will qualify it as a tax exempt “residential real estate management association” under Section 528 of the Internal Revenue Code of 1986. as amended. or similar provisions of subsequent federal tax laws. Without in any way limiting the generality of the foregoing. “Common Areas” shall include any and all “Common Areas” denominated as such on any recorded subdivision plat (5) (the “Subdivision(s)”)and as are conveyed and transferred to this Association, in either case by Declarant. and shall include specifically, without limiting the generality of the foregoing. any and all storm water management and discharge facilities (including, but not limited to, retention ponds; detention ponds; storm water pumps, controls and appurtenances; storm water collection systems; drainage system; concrete drainage facilities; and any and all equipment and facilities associated with same) and related facilities located within or serving the Subdivisions; and any and all tangible and intangible personal property, fixtures and improvements associated with or incident to any such “Common Areas” (including, specifically, but without limiting the generality of the preceding clause, road and street signs).
B. Specific Purposes. Subject to Part A of this Article III, the specific purposes for which the Association is formed include, among other things, the following:
1. To exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in the Declaration of Covenants, Conditions and Restrictions (or any similar documents, together with any amendments, supplements or modifications thereto) which are, or might hereafter be, recorded by Declarant in the public records of Escambia County, Florida, and which Declaration refers to “The Heron’srsquo;s Forest Property Owners Association, Inc. II (the Declaration), all as the same may be amended, supplemented or restated from time to time as therein provided;
2. To encourage the County of Escambia and other appropriate governmental entities to provide proper maintenance and upkeep of any public facilities and public areas adjacent to and about the Subdivisions and, if found desirable, to provide such maintenance and upkeep by direct action;
3. . To encourage the owners of properties in and about the Subdivision areas to maintain their properties in a manner which will reflect favorably upon the entire area and to enforce, to the extent practicable, the Declaration;
4. To function as a clearinghouse and catalyst with respect to community betterment ideas, whether originating from individual residents or property owners in and about the Subdivision areas, or with the Board of Directors of this Association; and,
5. To cooperate with any other property owners associations pertaining to property adjacent to or in the immediate vicinity of the Subdivisions for the overall betterment of the area.
C. Powers. Subject to Article II hereof, the Association shall have all the powers granted to a not-for-profit corporation under the laws of the State of Florida which are necessary or appropriate to carry out or implement the general and specific purposes set forth above and for which this Association is formed (except any power which would invalidate its status as a “residential real estate management association” under Section 528 of the Internal Revenue Code of 1986, as amended, or similar provisions of subsequent federal tax laws). Specifically, but without limitation, the Association shall have the following powers:
1. All powers and privileges to perform all of the duties and obligations of the Association as set forth in the Declaration, all as the same may be amended or restated from time to time as therein provided;
2. To fix, levy, collect and enforce payment, by any lawful means, all amounts, charges; levies or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all reasonable expenses incident to the conduct of the business of the Association, including all licenses, taxes or other governmental charges levied or imposed against any property or assets of the Association;
3. To acquire (by a gift, devise, lease, purchase or otherwise), own, hold, improve, build upon, erect, annex, construct, equip, operate, maintain, manage, sell, transfer, lease or otherwise convey, or to dedicate for public or community use, any real or personal property, or any interest therein, all upon such terms and conditions as the Association may deem necessary or appropriate;
4. To borrow money and to issue bonds, notes, debentures and evidences of indebtedness, and to secure the same by mortgage, pledge, deed of trust, or otherwise hypothecate any or all of its real or personal property as security for money borrowed or debts incurred;
5. To participate in mergers or consolidations with other not-for-profit corporations organized for same or similar purposes, provided that any such merger or consolidation shall have the written consent of two-thirds of the Association’srsquo;s members, and to annex additional real property as provided for in the Declarations; and,
6. Without in any way limiting the generality of the foregoing, all powers, authority and privileges to properly maintain any and all storm water management or discharge facilities (including, but not limited to, retention ponds; detention pond; storm water pumps, controls and appurtenances; storm water collection systems; drainage systems; concrete drainage facilities; and any and all equipment and facilities associated with same) and any and all tangible and intangible personal property, fixtures and improvements associated with or incident to any “Common Areas” (including, specifically, but without the limiting the generality of the preceding clause, road and street signs) located within or serving the Subdivision, including specifically the power and obligation to establish a maintenance budget with respect thereto and to levy and collect assessments to fund such budget, all as provided for in the Declarations.
ARTICLE IV – MEMBERSHIP AND VOTING RIGHTS
A. The Association shall consist of all Owners (as defined in the Declaration) of Lots (as defined in the Declaration) in the Subdivision. Every Owner of a Lot in the Subdivision shall be a member of the Association. Membership shall be appurtenant to and may not be separated from
the ownership of any Lot.
B. The Association shall have two classes of voting membership:
Class A. Class A shall be the Owners (with, while a Class B member, the exception of Declarant) of all Lots in the Development (as such word is defined in the Declarations, and as it is constituted from time to time), who shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in a Lot, all such persons shall be members. The vote for such Lot shall be exercised as determined by the Owners thereof, but in no event shall more than one vote be cast with respect to any Lot.
Class B. The only Class B member shall be Declarant, which shall be entitled to three (3) vote’srsquo;s for each Lot owned in the Development (as it is constituted from time to time). The Class B membership shall cease and be converted to Class A membership when the total votes outstanding in the Class A membership equal or exceed the total votes outstanding in the Class B membership; provided, however, that if, after conversion of the Class B membership to Class A membership, the Development is thereafter increased (as set forth in the Declaration) with the result that the total votes outstanding ill Class A membership would not equal or exceed the total votes outstanding in Class B membership if there were than a Class B membership, the Class B membership shall thereupon be reinstituted until the then total votes outstanding in the Class A membership again equals or exceeds the then total votes outstanding in the Class B membership.
ARTICLE V – DIRECTORS AND OFFICERS
A. Board of Directors. The powers of the Association shall be exercised, its properties controlled, and its affairs conducted by a Board of Directors consisting of three (3) directors, who need not be members of the Association. The number of directors may be changed by amendment of the Bylaws of the Association provided that there shall never be less than three (3), nor more than (9), directors. The names and addresses of the initial directors of the Association, and their initial term of office, are as follows:
Name: Richard R. Baker Address: Initial Term Of Office 17 South Palafox, Suite 394 . Pensacola, FL 325014 Initial Term Of Office: Three Years Name: Garrett W. Walton Address: 17 South Palafox, Suite 394 Pensacola, FL 32501 Initial Term Of Office: Two Years Name: Jennifer J. Jernigan Address: 17 South Palafox, Suite 394 Pensacola, FL 32501 Initial Term Of Office: One Years
The directors shall be divided into three classes as indicated by their initial term of office set out above and whose terms of office shall expire in consecutive years. The first election of directors shall be held at the second annual meeting of members at which time the members shall elect (or re-elect) those directors whose initial term of office is specified above as being one year, with the then elected (or re-elected) directors to have a term for three years. Thereafter, the next class of directors shall be elected by the members at each subsequent annual meeting of the members for three year terms.
B.Corporate Officers. The Board of Directors shall elect the following officers:
President, Vice-President, Secretary and Treasurer, and such other officers as the Bylaws of the Association may authorize the directors to elect from time to time. Officers, who need not be Owners, shall be elected by a majority of the directors at the annual meeting of the directors. Until the first annual meeting of the directors, the following persons shall serve as corporate officers:
Office/Name President: Richard R. Baker Vice-President: Garrett W. Walton Secretary: Garrett W. Walton Treasurer: Richard R. Baker
ARTICLE VII – BYLAWS
The Bylaws of the Association are to be made, and may be amended, altered or . rescinded, by the Board of Directors of the Association.
ARTICLE VIII – AMENDMENT
Amendment of these Articles of Incorporation shall be proposed by motion of twenty (20) members of the Association or by resolution of the Board of Directors, and shall be adopted by a vote of two-thirds (2/3) of the members present at any regular meeting of the members of the Association, or at any special meeting of the members of the Association called for that purpose, or by unanimous vote of the Board of Directors of the Association.
ARTICLE X – DISTRIBUTION ON DISSOLUTION
Upon the dissolution of the Association (other than incident to merger or consolidation), the directors shall, after paying or making provisions for the payment of all of the liabilities of the Association, dispose of all of the assets of the Association exclusively for the purpose of the Association in such manner, or to such organization or organizations organized and operated exclusively for religious, charitable, educational or scientific purposes as shall then qualify it as an exempt organization or organizations under Section 591 (c )(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue law), as the directors may determine. Any such assets not so disposed of shall be disposed of by the Circuit Court of Escambia County, Florida) exclusively for such purposes or to such organization or organizations as such court shall determine, which are organized and operated exclusively for such purposes.
DEED OF COMMON AREAS (1 of 2)
KNOW ALL MEN BY THESE PRESENTS, that Gulf Beach Highway Properties, Inc., a Florida corporation (whose mailing address is: P.O. Box 12412, Pensacola, Florida 32582), for and in consideration of Ten Dollars and other good and valuable considerations, the receipt of which is hereby acknowledged, does remise, release, convey and quit claim unto The Heron’s Forest Property Owners Association, Inc., a Florida not for profit corporation (whose mailing address is P.O. Box 12358, Pensacola, Florida 32582), its successors and assigns, forever, the following described real property, situate, lying and being in Heron’s Forest, a subdivision according to plat thereof recorded in Plat Book 16, Pages 18 and 18A, of the Public Records of the county and state aforesaid, to wit:
That portion (and only that portion) of Lot 1, Block J, Heron’s Forest (a subdivision pursuant to the plat referenced above) which is denominated as “20′ DRAINAGE & UTILITY EASEMENT PRIVATE.”
Subject to easements, reservations and restrictions of record, if any, which are not hereby reimposed and subject to ad valorem real property taxes for the year 1998 and subsequent years.
To have and to hold unto the said Grantee, its successors and assigns, forever, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, free from all exemptions and rights of homestead.
This deed is being executed and delivered by Grantor to Grantee, and is being accepted by Grantee, as a conveyance by Grantor to Grantee of a Common Area, to hereafter be owned by Grantee, all pursuant to, among other things, the terms and conditions of that certain “Declaration of Covenants, Conditions and Restrictions for Heron’s Forest,” which is recorded in Official Record Book 4203, Page 1199, of the Public Records of the County and State aforesaid.
IN WITNESS WHEREOF, the said corporation, Grantor, in pursuance of due and legal action of its stockholders and Board of Directors, has executed these presents causing its name to be signed by its President, and its corporate seal to be affixed hereto this 12th day of July, 1998.
DEED OF COMMON AREAS (2 of 2)
KNOW ALL MEN BY THESE PRESENTS, that Gulf Beach Highway Properties, Inc” a Florida corporation (whose mailing address is: P.O. Box 12412, Pensacola, Florida 32582), for and in consideration of Ten Dollars and other good and valuable considerations, the receipt of which is hereby acknowledged, does remise, release, convey and quit claim unto The Heron’s Forest Property Owners Association, Inc., a Florida not for profit corporation (whose mailing address is P.O. Box 12358, Pensacola, Florida 32582), its successors and assigns, forever, the following described real property, situate, lying and being in Heron’s Forest, a subdivision according to plat thereof recorded in Plat Book 16, Pages 18 and 18A, of the Public Records of the county and state aforesaid, to wit:
1. All areas designated as “GREEN SPACE” on the aforesaid subdivision plat;
2. All road right of ways within the aforesaid subdivision’s perimeter;
3. All drainage, utility and non-access easements denominated as such on the aforesaid subdivision plat;
4. Parcel “A,” as denominated as such on the aforesaid subdivision plat;
5. A non-exclusive perpetual easement for pedestrian (that is, not vehicular) access between that certain right of way denominated a “Tanager Cir.” on the aforesaid Plat and those certain “GREEN SPACES” lying southerly of Blocks “}” and “J” in the aforesaid subdivision, across and over only that portion of Lot I, Block “J,” of the aforesaid Subdivision which is designated as “20′ DRAINAGE AND UTILITY EASEMENT PRIVATE;” and
6. A nonexclusive perpetual easement to pass and repass along, over, under, upon and across the below described property as a means of ingress and egress to the aforesaid subdivision, to wit:
A 50 foot strip of property, 25 feet on each side of a center line which is more fully described as follows I Begin at the Southeast corner of Government Lot 3, Section 10, Township 3 South, Range 31 West, Escambia County, Florida, and thence run Westerly along the South line of said section to a point on a line running parallel to and 25 feet, measured perpendicular thereto, from the Easterly line of said Government Lot 3, for the point of beginning of the center line of this easement; thence run North 14°53′ 36″ West on said line running parallel to and 25 feet from the said Easterly line of Government Lot 3 for a distance of 709.53 feet. to a point; thence run South 73°37’5″ west for a distance of 713.19 feet, more or less, to the ending point of the center Line of this easement;
Subject to easements, reservations and restrictions of record, if any, which are not hereby reimposed (including, in particular, but without limiting the generality of the foregoing, that certain conservation easement from Grantor to the Florida Department of Environmental Protection, which is recorded in Official Record Book 4203, Page 1233, of the Public Records of the County and State aforesaid) and subject to ad valorem real property taxes for the year 1998 and subsequent years.
To have and to hold unto the said Grantee, its successors and assigns, forever, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, tree from all exemptions and rights of homestead.
This deed is being executed and delivered by Grantor to Grantee, and is being accepted by Grantee, as a conveyance by Grantor to Grantee of numerous Common Areas, to hereafter be owned by Grantee, all pursuant to, among other things, the terms and conditions of that certain “Declaration of Covenants, Conditions and Restrictions for Heron’s Forest,” which is recorded in Official Record Book 4203, Page]] 99, of the Public Records of the County and State aforesaid.
IN WITNESS WHEREOF, the said corporation, Grantor, in pursuance of due and legal action of its stockholders and Board of Directors, has executed these present_ causing its name to be signed by its President, and its corporate seal to be affixed hereto this 17th day of May, 1998.