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BELIZE - REGISTERED LAND ACT

Restrictive Agreement Pursuant to Section 96 of the Registered Land Act, 1980

Registration Section
CONSEJO SHORES
Registration Section
Block
1
Registration Section
Parcel
1985, 1986, 1987, 1988
1999, 2000, 2001, 2002,
2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010,
2011, 2012, 2013, 2014,
2015, 2016, 2017, 2018,
2019, 2020, 2021, 2022,
2023, 2024, 2025, 1997,
1996, 1995, 1994, 1993,
1992, 1991, 1990, 1998,
1989, 2028 Being the Roads,
2026, 2027
Being the Green Space.

Declaration of Protective and Restrictive Covenants


FOR THE SUBDIVSION KNOW AS SERENITY PARADISE, AND BEING LOCATED IN PARCEL NUMBERS 1985 – 2028, all of Block 1 in the Consejo Shores S.E. Registration Section BEING LOTS 1 THROUGHT 41 AND INCLUDING THE GREEN SPACES IN THE DISTRICT OF COROZAL, BELIZE.

WHEREAS, SERENITY PARADISE BELIZE LIMITED, herein after the (the “Developer”) desires to establish a Declaration of Protective and Restrictive Covenants which will preserve and protect the desirability, beauty and value of the Subdivision and lots and the green space in the above described subdivision and the overall Tract as shown on said plat. Said Declaration of Protective and Restrictive Covenants are for the benefit of all the lot owners thereof and their heirs, personal representatives, successors and assigns.

Developer hereby establishes the following DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS FOR THE LOTS DESCRIBED AND LISTED ABOVE which shall continue to remain for all subsequent property owners.

These covenants are to run with the land and shall be binding upon all parties, persons or entities owning a lot(s) claiming under them.

NOW THEREFORE, in consideration of the aforementioned purpose, and in addition to the hereinbefore covenants, the following Protective Covenants and Restrictions are established and binding upon the above described Subdivision property:

Purpose:


The purpose of these Declaration of Protective and Restrictive Covenants is to insure the use of the property for attractive residential purpose only, to prevent nuisances, to prevent the impairment of the attractiveness of the Property, and to maintain the desirable and a desired tone of the community, and 'thereby to ensure to each Lot owner the full benefit and enjoyment of his or her lot and/or home, with no greater restriction on the free and undisturbed use of the lot than is necessary to insure the same advantages to the other lot owners.

1. Owners’ Acknowledgment & Notice to Purchasers. By accepting a deed or other instrument conveying title to a lot in said subdivision, each Owner shall be deemed to have covenanted and agreed that the use of the lots is subject to these Declaration of Protective and Restrictive Covenants and it’s declaration, as amended, expanded and otherwise modified from time to time, which may be amended, expanded or otherwise modified from time to time as mentioned herein.

2. Construction to be Diligently Pursued. Once an Owner has commenced construction, such Owner shall diligently pursue the project to completion. The Owner or Builder shall complete all work within Eighteen Months (18) months from the date of commencement. If the Owner or Builder does not complete the project within the required time, the incomplete work shall be deemed to be non-conforming and shall be subject to enforcement action by any lot owner. No residence shall be occupied prior to being completed.

3. Land Use and Buildings. Forty lots in the subdivision shall be used for single family dwellings and shall be used solely for residential purposes. However, one exception is lot number one (1) as shown on sales information also being know as lot 1-6-1985 can be used for Commercial use as long as all improvements are approved by the developer or assigns, all improvements shall be legal in the country of Belize, all improvements are done in manner that conforms to good taste in the subdivision and the lot is used to offer a service to the subdivision and surrounding area such as groceries, rental of Golf Carts rental but no gas shall be sold. No home is to exceed three stories in height and all homes shall have a minimum main floor enclosed finished living area, exclusive of porches, decks and garages, of not less than 800 square feet. The building that is to be constructed shall be out of Cement, finished Cement Blocks or Wood. If there is another building or construction material that lot owner wishes to use the Developer or assigns shall have the right to approve or disapprove said material by giving written permission on or before 21 days after receiving a letter from the lot owner requesting the new building material. Any building that is added on the lots outside of the home must be approved by the developer before construction is stated so as to conform to the subdivision.

4. Building Line Setbacks. No Building or structure shall be constructed closer to the front property line than (35) Thirty Five feet, (10) ten feet from side property lines and (15) fifteen feet from the rear property line.

5. Subdivision of Lots. No lot shall be subdivided. Developer shall have the right to grant permission to allow up to five lots to be combined to make one large lot. The permission to combine up to five lots shall be granted by the Developer in writing. In the event more than one lot is combined into a larger lot the Building Line Setback requirements as stated as stated in Paragraph Number 4 above titled “Building Line Setbacks” shall apply on the perimeter of the larger lot as if the larger lot was a single lot. The lot owner shall still be entitled to one vote for each lot that is involved in combining lots to make a larger lot.

6. Leasing of Residences. The Owner of a residence may lease such residence for residential purposes only except lot 1-6-1985 as stated above in paragraph 3. Every lease of a residence shall be in writing, and shall transfer possession of the entire residence and not a portion or portions thereof, and shall require the lessee and other occupants of the residence to comply with the requirements of the Declaration of Protective and Restrictive Covenants, as they each may be amended or supplemented. The Owner shall provide the lessee with current copies of Declaration of Protective and Restrictive Covenants. The terms “lease” and “leasing,” for purposes of this Section, shall refer to the regular, exclusive occupancy of a residence by any Person, other than the Owner, for which the Owner receives any consideration or benefit, including, but not limited to, rent, fees, or in-kind services. It is further understood that Owner(s) shall be allowed to lease their properties to others for extended periods of time.

7. Vehicle Parking, Storage, Maintenance & Repairs. The parking, storage, maintenance and repair of all vehicles within the Community shall be subject to the following restrictions:

(a) Parking Generally. Every Owner and other occupant of a residence shall park their vehicles completely within such residence’s garage, carport or driveway when not in use. No one may park their vehicle elsewhere within the Community, including, but not limited to, within the rights of way of the Public Streets. However guests may park on the side of the street during a visit or social event for no longer than 12 hours and the road shall not be blocked to passage of all traffic.

(b) Inoperable Vehicles. No one may park any inoperable vehicle, or any vehicle that lacks a current operating license or registration, anywhere within the Community, except completely within a residence’s garage or carport.

(c) Commercial & Service Vehicles. Service and delivery vehicles may be parked within the driveway of a residence or the designated parking areas within the Common Area, during daylight hours, for such period of time as is reasonably necessary to provide service or to make a delivery to a residence or the Common Area. The Owner or other occupant of a residence may park a business or commercial pickup, or similar van or light truck, within the driveway of residence, overnight, only if such business or commercial vehicle is also the Owner’s principal means of private transportation. No one may otherwise park any commercial vehicle anywhere within the Community.

(d) Construction Vehicles & Equipment. No one may park any construction or farm vehicle or equipment anywhere within the Community; provided, however, that construction vehicles and equipment may be parked within a lot or the Common Area during the construction or installation of improvements thereon, as is reasonably necessary to complete such improvements.

(e) Recreational Vehicles, Etc. No one may park any recreational vehicle, including, without limitation, travel trailers, mobile homes, towed campers, trucks with mounted campers, and all similar vehicles, anywhere within the Community. The Owner or other occupant of a residence may park a recreational vehicle on the driveway of a lot for no more than a fourteen (14) consecutive day period, the exception is if a Home is fully constructed on a lot, exclusively for the purposes of loading and unloading such vehicle. No one may sleep or otherwise reside in a recreational vehicle while it is present, within, or upon a lot.

(f) Boats & Other Watercraft. No one may park any boat, other watercraft or their trailers anywhere within the Community, except that of the Owner or other occupant of a lot. All boats or other watercraft and its trailer must be completely within such residences back yard, garage, driveway or carport. No one may sleep or otherwise reside in a boat or other watercraft while it is present within or upon a lot.

(g) Vehicle Maintenance & Repairs. No one may perform vehicle maintenance or repairs anywhere within the Community, except the Owner or other occupant of a residence. Such maintenance or repairs must be done within such residences’ garage, driveway or carport, after taking necessary and appropriate precautions for ventilation.

(h) Temporary Structures. No tent, shack, garage, barn or other outbuildings shall at any time be used as a residence, temporarily or permanently, on any building site. No mobile home or house trailer shall be used as a residence or be located upon such lots.

(i) Burning/Storage of Trash, Etc. No one may engage in the burning of trash, leaves, debris or other materials the developer, the Builder, or other contractor may engage in such burning during the normal course of constructing or installing improvements within a lot allowed under government ordinance or law. No trash, garbage, ashes or other refuse, junk, vehicles in disrepair, underbrush, weeds, or other unsightly growths or objects, shall be maintained or allowed on any lot. All trash and waste shall be kept in sanitary containers, properly sealed to prevent odors and shall be kept from public view until the day it is removed or trash pick-up and trash pickup shall be no less than at least once a week. The developer or builder will have the right to burn trash, the downed trees and shrubs or disposal of this shall be done according to ordinance or law as permitted. All trash shall be removal once a week.

(j) Maintenance. All fences and buildings shall be kept in a good state of repair, including all residences, garages and accessory buildings shall be painted or stained from time to time, so as to maintain a reasonable state of repair. Lot owners shall keep the yard in good order and all grass shall be cut and bushes shall be trimmed and maintained. The Developer shall be responsible for the upkeep of the Roads for a period of one year from the date of the registration of the Declaration of Protective and Restrictive Covenants thereafter developer and lot owners shall share in the cost of upkeep and maintenance of the Subdivision on a prorate based of ownership by all parties that have title to lot(s). Subdivision maintenance should include reasonable upkeep of all roads and lots including green space areas by bush hogging these areas. As a example of billing on a Prorate basis: If ten (10) lots are owned by new owners this would represent approximately 24.4 % of the ownership by new lot owners and the developer would own approximately 75.6% ownership of the development for billing purpose. These percentages will change as more lots are sold by the developer therefore the developer ownership will be reduced. The Developer shall determine at his sole discretion what maintenance is needed in the subdivision and shall require that payment be made from each lot owner to reimburse developer for paying for maintenance cost paid by developer. Once 33 lots have been sold by the developer then the Developer will no longer be responsible for paying any maintenance fees in the subdivision for up keep but agrees to keep the remaining lots he owns reasonably cut by bush hogged. Also when 33rd lots have been sold by developer to lot owners, then at such time the new lot owners shall have the right to form their own a Home Owners Association and elect officers to handle all business, maintenance and other matters in the subdivision. It will be required that at least twenty five lot owners much agree to form a Home Owners Association and they agree to pay all expenses including legal fees. In this event the Developer shall not be required to join, pay any dues or be part of the Home Owners Association requirements while he has ownership or title to any lots in the subdivision event in the event of foreclosure or taking back title because of nonpayment on a loan on a lot. Developer shall have the option to allow a Home Owners Association to be started before the 33rd lot is sold at his sole descreation.

(k) Loud or Obnoxious Noises. No one shall use or discharge any radio, loudspeaker, horn, whistle, bell, or other sound device so as to be audible to the Owners or other occupants of other lot dwellings, except alarm devices used exclusively for security purposes.

(l) Pets & Other Animals. Owner(s) or other occupants of a lot may keep domestic animals on their lot with a maximum of two (2) adult dogs and two (2) adult cats, within their lot area. Every pet owner shall be responsible for the behavior of such owner’s pet, including, for example, any excessive barking, any damage to property or injury to Persons caused by such pet, and shall indemnify, defend and hold the Developer or his assigns and all other lot Owners completely free and harmless from and against any and all damage or injury caused by such pet. All pets shall be on leash when off of the lot owned. No endangered animals will be permitted in the development. Pet owners will clean up after their pets in the common area in the subdivision.

(m) Improvements. All improvements on a lot shall remain the sole responsibility of the lot owner. Lot owners shall be responsible for maintaining, improving, and repairing their private driveway.

(n) Electrical power. All electrical power shall run from the power poles to the all improvements or home on lot shall be underground.

(o) Additional Roads through lot(s) 1-41 and the Green space. No owner shall allow or sell rights to allow any kind of a road or driveways of any kind to run through lots 1-41 herein and including the green space as described on said plat to any adjoining property owner outside the subdivision unless said road or driveway is approved in writing by the Developer or his assigns. All approvals must be in writing and signed by the Developer or assigns indicating approval. When approval has been granted and in that event said written document shall be recorded in the respective registry in Belize stating which lot number approved for a road or driveway running through the lot and being recorded along with legal references being made to the herein stated Protective Covenants and the legal description of the lot.

(p) Protective Covenants: Developer or assigns shall have the right to except or allow certain deviations from the Protective Covenants which will enhance the subdivision, within Reason. Any exceptions or deviations allowed would require a written statement stating what the exceptions or deviations are being allowed.

(q) Septic Systems: Construction of the septic system is the responsibility of the lot owner and location must be approved by the developer and all approvals shall be approved by the Central Building Authority (CBA) of Belize for home construction. Owners shall provide for proper sewage disposal. Sewage disposal shall be by means of adequately sized, cast concrete and multi-chambered septic tank equipped with adequately designed leach field(s) or any other accepted Septic System by the (CBA) in the country of Belize. Approval of the Septic System shall conform to the laws of the Country of Belize.

(r) Well: Construction of the Well system is the responsibility of the lot owner. Approval of the Well shall conform to the laws of the Country of Belize.

8. Compliance with Applicable Laws, Etc. No one shall engage in any activity within the Community that violates any applicable law, ordinance or regulation of Belize. In particular the following Department of Environment Regulations shall apply:

(a) Household drainage pipes will not be allowed to empty in any drains or walkways; these pipes shall lead to adequately designed and constructed soak-a-ways or leach fields approved by the Country of Belize. Gutters may flow free on the ground or into a cistern for water storage.

(b) All construction shall be carried out with the approval from the relevant agencies, namely the Central Building Authority of Belize and/or any local building authority.

(c) Buildings should be designed to allow as much natural lighting as possible.

9. Enforcement: Each lot owner after obtaining title to one or more lots agrees that any lot owner has the right to seek legal action to force lot owners to comply with these covenants and to correct any violations of any of these covenants, after giving a violating lot owner written notice and thirty days to correct any violation. Any such legal action shall be to restrain further violations and shall include and seek a judgment for costs and expenses for remedying violations as well as costs and expenses of the legal action, including attorneys’ fees and court costs. Any such judgment by the court shall be a lien enforceable by the lot owner(s) bringing the injunctive action or damages action against the property of the lot owner against whom the judgment is rendered. All of the provisions of this declaration shall be deemed to be Restrictive Covenants running with the land and each lot for a period of 20 years starting on the date that all lots were recorded in Belize and shall be binding on and inure to benefit of the owners of the properties as stated above in the Subdivision being developed by SERENITY PARADISE BELIZE LIMITED, its successors and assigns, and all parties claiming by through, or under them shall be taken to hold, agree and covenant with such owners, their successors in title, and with each other, to conform to and observe all of the terms and conditions contained in the herein Restrictive Covenants. All of the provisions of this declaration shall be deemed to be covenants running with the land for a period of 20 years starting on the date that final approval for the subdivision was approved by the (LUD) Land Use Department of Belize and shall be binding on and inure to benefit of the owners of the properties as stated above in the Subdivision being developed by SERENITY PARADISE BELIZE, LIMITED , its successors and assigns, and all parties claiming by through, or under them shall be taken to hold, agree and covenant with such owners, their successors in title, and with each other, to conform to and observe all of the terms and conditions contained in this IN WITNESS WHEREOF this document has been executed and prepared for public recordation with the proper authorities to become binding on the above referenced Parcels Numbers 1985 – 2028, all of Block 1, in the Consejo Shores S.E. Registration Section being lots 1 through 41 and including the Green Space in the District of Corozal , Belize.

Serenity Paradise Belize Limited/Developer
35 Barrack Road
Belize City, Belize
Central America
E-mail: Realtymc@earthlink.net

SIGNED, SEALED AND DELIVERED )
By the Directors of the above named )      _________________
Serenity Paradise Belize Limited )     DIRECTOR
In the presence of )     _________________
 ____________________      DIRECTOR
Witness