Download the official Wintergreen covenants HERE (pdf)
Declaration subjecting a portion of Wintergreen Nelson and August Counties, Virginia to a Covenant and Restriction Against Time-Sharing
THIS DECLARATION, made this the 31st day of August, 1984, by Wintergreen Development, Inc., hereafter called, "Company",
WITNESSETH:
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WHEREAS, the Company is the owner of certain real property described herein and desires to create thereon a planned development community with a balanced representation of residential, commercial and recreational uses to be known as "Wintergreen", which is more fully described on Exhibit A attached hereto; and
WHEREAS, the Company desires to provide for the preservation of values and to that end desires to restrict the development of time-sharing within Wintergreen.
Now, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the Company, as evidenced by its execution of this Declaration, hereby subjects all real property described on Exhibit A hereto to the following covenant and restriction which shall run with the land and shall be binding on all parties and persons claiming under them including the Company, any successors in interest, and any and all grantees from the Company or its successors:
The Company hereby agrees for itself, its successors and assigns that no portion of the real estate described on Exhibit A hereto shall be used for the creation of any "time-share program" as such term is defined in the Virginia Real Estate Time Share Act, Chapter 21 of Title 5 of the Code of Virginia of 1950, as in effect as of the date hereof in the event of a violation or breach of this Covenant, any owner of any of the property described on Exhibit A hereto, the Wintergreen Property Owner's Association, Inc., Wintergreen Partners, Inc. or the Company, jointly and severally, shall have the right to proceed at law or in equity to compel compliance with the terms hereof. The failure to enforce any rights or restrictions contained in this Declaration, regardless of how long such failure shall continue, shall not constitute a waiver of or a bar to such right to enforce.
WITNESS the following execution:
WINTERGREEN DEVELOPMENT, INC.
By: L. F. Payne, Jr.
STATE OF VIRGINIA
To-Wit:
COUNTY OF NELSON
The foregoing instrument was acknowledged before me this the 31st. of August, 1984, by L. F. Payne, Jr. as President of Wintergreen Development, Inc. on behalf of the Company.
My commission expires: 1-20-87
LESLEY A. ROWE
AFFIX
NOTARIAL
SEAL:
Exhibit A describes all property conveyed by Melba Investors Southeast, Inc. to Wintergreen Development, Inc. on August 31, 1985.