HomeMy WebLinkAbout2005 11 14 Consent 207
COMMISSION AGENDA
ITEM 207
Consent X
Information
Public Hearing
Regular
November 14.2005
Meeting
Mgr. /!/ /Dept. ~
~
REQUEST: Community Development Department requests that the Commission approve the
Jesup's Landing final subdivision plat and restrictive covenants and authorize their recordation,
subject to conditions.
PURPOSE: The purpose of this agenda item is to approve for recordation, the final
subdivision plat and restrictive covenants for Jesup's Landing. This subdivision plat contains 15
acres and creates 185 townhome lots.
APPLICABLE CODE:
Code Section 9-75. Final Plat, contents and recording procedures.
(a) The final plat shall conform substantially to the approved preliminary plan,
and shall be submitted to the city planner as follows:
(1) The final plat shall include one (1) linen original. Ifmore than one (1) sheet
is required, a suitable index map showing the entire development with index
for the various sheets shall be shown on the first sheet.
(2) The final plat shall show streets, lots, blocks and easements indicating the
centerline, width and sidelines of all easements.
(3) Surveys and surveying data on the final plat shall be in accordance with
acceptable professional practices and principles for land surveying and
preparation of plats. Special consideration shall be given to the relationship of the
proposed plat to existing abutting plats to prevent unintended overlap or omission
of lands.
November 14,2005
Consent Agenda Item 207
Page 2
(4) Mortgage holders shall execute before two (2) witnesses and a notary public
the following certification on plats: "The mortgagee(s) consents and agrees to the
platting of lands embraced in this plat and to the dedication(s) shown herein; and
further, should it become necessary to foreclose the mortgage covering the
property, that all pieces and parcels dedicated to the public will be excluded from
the suit and the dedication shall remain in full force and effect."
(5) A dedication to the public by the owners of all roads, streets, alleys,
easements and other rights-of-way, however designated, shown on the plan for the
perpetual use of all public purposes.
(b) Three (3) copies of all protective or restrictive covenants to be recorded shall
be submitted with the final plat.
(c) A letter from an acceptable abstractor shall certify the following:
(1) That the parties executing the plats are owners of the land included therein.
(2) All recorded mortgages, liens and other encumbrances.
(3) That taxes and assessments have been paid to date.
(4) That the description shown on the plat is correct.
(d) An appropriate bond submitted in accordance with the bonding procedures
set forth in section 9-76 shall be required for all developments within which
improvements are to be dedicated to the public.
Section 9.77. Approval of final plat.
The city commission may approve the final plat, considering any applicable
agency reports, if the plan is in substantial conformity with the approved
preliminary plans and it complies with regulations established by this chapter.
Action by the city commission may be taken expeditiously, but not to exceed
thirty (30) days after receipt of the final plat and supporting data by the city unless
delay is requested or caused by the applicant. If the commission certifies that the
development has met all requirements hereof, the plat shall be endorsed as finally
approved by the mayor and attested by the city clerk in order that the same may be
recorded among the public records of the county.
Code Section 9-78. Recording/distribution of the final plat.
Upon completion of all approval action, the city planner shall be responsible for
ensuring that the original linen is signed and sealed, and the plan and deed
restrictions, if any, are delivered to the appropriate authority for recording. The
developer shall submit to the city the recording fee as specified in the current fee
schedule.
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November 14,2005
Consent Agenda Item 207
Page 3
Chapter 177, Florida Statutes.
Chapter 197, Florida Statutes (Section 197.333 When taxes due; delinquent).
FINDINGS:
1) The plat is consistent with the approved Development Agreement and its
modifications.
2) The plat is consistent with the Comprehensive Plan and City Code.
3) The City's surveying consultant has reviewed the plat and has certified that it
meets the platting requirements of Chapter 177, Florida Statutes.
4) Staff has reviewed the plat, performance bond, and restrictive covenants and
recommends approval, subject to the following conditions being completed before
the City executes and records the plat and restrictive covenants:
a. the applicant reimburse the City for the City Attorney's review fees;
and
b. the City Attorney's review and approval of the plat, performance bond,
restrictive covenants, and title certification - applicant to make any
changes or provide any additional information required by the City
Attorney.
c. the property taxes be paid before recordation.
RECOMMENDATION:
The recommendation is that the City Commission approve and authorize staff to
record the Jesup's Landing final subdivision plat and restrictive covenants, subject
to the conditions set forth in item 4 of the above findings.
ATTACHMENTS:
A
B
Restrictive Covenants
Jesup's Landing Final Subdivision Plat
COMMISSION ACTION:
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ATTACHMENT A
DE CLARA TION OF RESTRICTIONS
AND PROTECTIVE COVENANTS
FOR JESUP'S LANDING TOWNHOMES
Return To:
Nancy M. Wallace, Esquire
Akerman Senterfitt
106 East College Avenue, 12th Floor
Tallahassee, Florida 32301
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TABLE OF CONTENTS
Page
ARTICLE I. DEFINITIONS ......... ........... ........... ........ .................. ............. ............ ....... .............. 1
ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION .............................................3
Section 1. Legal Description ................... .............. ......... ...... ....... ............ .................. ......... 3
Section 2. Developer's Right to Add Additional Property to or Withdraw Property............. 3
ARTICLE III. JESUP'S LANDING TOWNHOMES OWNERS' ASSOCIATION .....................3
Section 1. Membership ............. ............................................ ..... .........................................3
Section 2. Voting Rights ............................................................. ............. ................. ......... 3
Section 3. Common Area Ownership......... ............ ............................. ..... ....... ... ....... ... ....... 4
Section 4. Powers............................................................................................................... 4
Section 5. Rules and Regulations.......... ........................ ................... ................................... 4
Section 6. Merger or Consolidation ................................. ......................... ..... .............. .......4
Section 7. Termination of the Association .......... ............. .......... ..... ................... ..... ............ 5
ARTICLE IV. MAINTENANCE OBLIGATIONS ..................................................................... 5
Section 1. Common Area Maintenance...................................................... ......................... 5
Section 2. Street Lighting.......... ................................ .........................................................5
Section 3. Lot Maintenance ...... ...... ......... ....... ............... ............ ................................ ......... 5
Section 4. Irrigation System .......... ..... ........ ............. .................... ...... ............. ............. ....... 6
Section 5. Off site Signage & Landscaping..................................................................... ..... 6
Section 6. Stormwater Drainage Facility................................. ............................... ............ 6
Section 7. Drainage Retention Areas (DRA's) .................................................................... 6
Section 8. Lift Station and Surface Water Management System.........................................6
Section 9. Drainage Improvements within Easements......................................................... 7
ARTICLE V . ASSOCIATION ASSESSMENTS .............................................. ......... ................. 7
Section 1. Creation of the Lien and Personal Obligation for the Assessments .....................7
Section 2. General Assessments ........... ..... ................. ........ .................. .......... .......... ..... ..... 7
Section 3. Date of Commencement of General Assessments; Due Dates ............................8
Section 4. Initial Budget ................ ............ ................................................. ....... ..... ............8
Section 5. Special Assessments ...................... ............ ..... ........ ...... .............. ........... ............ 8
Section 6. Trust Funds. ..... .............. .............. ..... ................ ................... ........................ ......9
Section 7. Guaranteed Assessments during Guarantee Period ............................................. 9
Section 8. Working Capital Fund............................. ................ ...... ..... .......... ..... ..... ............ 9
Section 9. Assessment Roster and Certificate ......................................................... .......... 10
Section 10. Collection of Assessment, Effect of Non Payment of Assessments; The
Personal Obligation of the Owner; The Lien, Remedies of the
Association.. ............. .......... ....... ................................... ............................... 10
Section 11. Subordination of the Lien to First Mortgages .................................................11
ARTICLE VI. ARCHITECTURAL CONTROL .......................................................................11
Section 1. Architectural Control....................................................................................... 11
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ARTICLE VII. EASEMENTS.............................. ............ .... ...................... ................. ............. 12
Section 1. Members' Easements ...................................................... ................................. 12
Section 2. Easements Appurtenant .......... ...................................... .......... ......................... 12
Section 3. Utility Easements... ................................ ......................... ...... ............... ............ 12
Section 4. Public Easements......................... ...... .......... ............................. ....................... 12
Section 5. Easements for Encroachment ...........................................................................12
Section 6. Right to Grant or Relocate Easement ...............................................................13
Section 7. Association Easement ........................ .......... ........................ ....................... ..... 13
Section 8. Easement for Access and Drainage ..................................................................13
ARTICLE VIII. GENERAL RESTRICTIVE COVENANTS.................................................... 14
Section 1. Applicability..................................................................... ............................... 14
Section 2. Land Use......................................................................................................... 14
Section 3. Building Location ............................................................................................14
Section 4. Landscaping of Easements ........................... .................. ...... .............. ......... ..... 14
Section 5. Nuisances.... ............... ........ ................ .......... .......................... ......................... 14
Section 6. Temporary Structures.......... ................ ..... ..... ......... ........ ............ ....... .............. 15
Section 7. Signs............................... ........... ................................... ................................... 15
Section 8. Oil and Mining Operations...............................................................................15
Section 9. Animals and Pets .............................................................................................15
Section 10. Visibility at Intersections ..... ..................... ............... ..... ..................... ............ 16
Section 11. Commercial Trucks, Trailers, Campers and Boats.......................................... 16
Section 12. Fences................. ..... .................. .......... .................... ....... .............. ...... ....... .... 16
Section 13. Hedges.......................................... ....... ................. .......... ............................... 16
Section 14. Garbage and Trash Disposal...........................................................................16
Section 15. Drying Areas ....... ....................................... ........ ..... .......... ......... ..... .............. 16
Section 16. Gas Containers.. ...................................... ...... ..................... ...... ...................... 16
Section 17. Communication Equipment............................................................................17
Section 18. County Requireinent ......................................................................................17
Section 19. Drainage......................................... .............. ........................... ...................... 17
Section 20. Pumping or Draining................ ........................... .................... ........ ............... 17
Section 21. Leasing.. .......... ................... ....... ............ ....... ............... .................................. 17
Section 22. Waterways..... ...... ........... ................ ........ ......... .......... ............... ..................... 18
Section 23. Screen Enclosures............. .................................. ....... .............. ........ ..... ......... 18
ARTICLE IX. INSURANCE AND HAZARD LOSSES ........................................................... 18
Section 1. Authority to Purchase: Named Insured............................................................. 18
Section 2. Coverage... ............ ........ .................... ......... .......... ................. ............... ........... 18
Section 3. Premiums......................................................................................................... 20
Section 4. Association's Power to Compromise Claims ....................................................20
ARTICLE X. DEVELOPER'S RIGHTS ............................................................ ....................... 20
Section 1. Sales Activity.......................... ........................................................................20
Section 2. Replatting ............. .... ..... ............ ............ ......... ........ ........... ..............................20
Section 3. Utility and Construction Payments and/or Deposits.......................................... 20
Section 4. Developer's Right to Common Areas ....... ................ .................... .................... 21
Section 5. Assignment of Developer Rights.................. .................................................... 21
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Section 6. Developer Approval of Board Action...............................................................21
ARTICLE XI. MORTGAGEES' RIGHTS .............................. .......................................... .... .... 21
Section 1. Notices of Action.. ............ ........ ...... ...................... ...........................................21
Section 2. No Priority.......... ...... .................................... .................... .................. ............. 22
Section 3. Notice to Association................................................ .... ................................... 22
Section 4. Applicability of Article XI ...............................................................................22
Section 5. Failure of Mortgagee to Respond .....................................................................22
ARTICLE XII. GENERAL PROVISIONS....... ...... .......... ............... .... ..... ................................ 22
Section 1. Duration.......................................................................................................... 22
Section 2. Notice................................................ ..............................................................22
Section 3. Enforcement.. .......................... ..... .................. ...... ................. .......... .... ............23
Section 4. Severability.......... ....................... ................ ...... ........... ................. ............ ....... 23
Section 5. Amendment. ............................................................................. .......................23
Section 6. Litigation. ......... ....... ......... ........ ....... ......... ............ ....... ... ..... .................... ... .....24
Section 7. Effective Date............. .... .............. ....... .... .......................... ........... ...................24
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III
DECLARA TION OF RESTRICTIONS
AND PROTECTIVE COVENANTS
FOR JESUP'S LANDING TOWNBOMES
THIS DECLARATION (the "Declaration"), made this _ day of , 2005,
by LEVITT AND SONS OF SEMINOLE COUNTY, LLC, a Florida limited liability
company ("Developer"), which declares that the real property described in Article II, is and shall
be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions,
easements, charges and liens (sometimes referred to as "covenants and restrictions") set forth
herein.
This Declaration does not and is not intended to create a condominium within the
meaning of the Florida Condominium Act, Chapter 718, Florida Statutes.
ARTI CLE 1.
DEFINITIONS
The following words when used in this Declaration (unless the context shall prohibit)
shall have the following meanings:
(a) "Assessments" means those payments due pursuant to Article V, whether
General or Special (as hereinafter defined), or a combination thereof.
(b) "Association" means JESUP'S LANDING TOWNHOMES OWNERS'
ASSOCIATION, INC., a Florida corporation not-for-profit. The Association is not a
condominium association and shall be subject to the provisions of Chapter 718, Florida
Statutes, only if and to the extent such provisions are applicable to residential property
owner associations that are not condominiums. The provisions of this Declaration shall
not be retroactively affected by legislation enacted or effective subsequent to the date of
execution of this Declaration,. except to the extent provided by applicable law.
(c) "Board of Directors" means the Board of Directors of the Association.
(d) "Common Areas" means the real property dedicated to the Association on
the plat of the Property, and any real property otherwise conveyed to or acquired by the
Association, and any other interest in real property acquired by the Association and
deemed Common Area either in this Declaration or in the instrument of conveyance,
together with any improvements on such property including without limitation any
structures, off street parking areas, street lights, and entrance features, but excluding any
public utility installations thereon.
(e) "Common Streets" means the rights-of-way of all streets, roads, drives,
courts, ways and cul-de-sacs within the Property as described in and depicted on the Plat
and all paving, curbs and other improvements, facilities and appurtenances constituting
part of the roadway system within the Property, including, but not limited to, street lights,
traffic control signage and utility lines, conveyed to the Association as Common Area
pursuant to this Declaration; but, specifically not including any utility lines located within
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such rights-of-way as may be owned by private or public utility companies or
governmental agencies from time to time providing utility services to the Property; and
provided, further, that Common Streets shall not include any areas, improvements or
facilities from and after the time that such areas, improvements or facilities are dedicated
to the County or other appropriate governmental or quasi-governmental entity.
(f) "Developer" means Levitt and Sons of Seminole County, LLC, a Florida
limited liability company, its successors and assigns, if such successor or assignee
acquires the undeveloped portion of the Property and is designated as such by Developer.
The Developer may make partial or multiple assignments of its rights under this
Declaration, and such assignees shall succeed to the rights of the Developer only to the
extent specifically provided in the assignment document.
(g) "District" means the Water Management District agency created pursuant
to Chapter 373, Florida Statutes, which has jurisdiction over the Property.
(h) "General Assessments" means assessments levied to fund expenses
applicable to all Members of the Association and set forth in ARTICLE V.Section 2. of
this Declaration.
(i) "Institutional Lender" means any person or entity (1) holding a mortgage
encumbering a Lot, (2) which in the ordinary course of business makes, purchases,
guarantees or insures mortgage loans, and (3) which is not owned or controlled by the
Owner of the Lot encumbered. An Institutional Lender may include, but is not limited to,
a federal or state chartered bank or savings and loan association, an insurance company, a
real estate or mortgage investment trust, a pension or profit sharing plan, a mortgage
company; the Government National Mortgage Association, the Federal National
Mortgage Association, the Federal Home Loan Mortgage Corporation, an agency of the
United States or any other governmental authority, including the Veterans Administration
and the Federal Housing Administration of the U.S. Department of Housing and Urban
Development, or any other similar type of lender generally recognized as an institutional
type lender. For definitional purposes only, an Institutional Lender shall also mean the
holder of any mortgage executed by or in favor of Developer, whether or not such holder
would otherwise be considered an Institutional Lender.
G) "Lot" means any lot shown on the plat of JESUP'S LANDING
TOWNHOMES, recorded or to be recorded in the Public Records of Seminole County,
Florida, and any lot shown on any resubdivision of said plat or any portion thereof.
(k) "Surface Water Management System" means the overall system designed,
constructed and implemented upon the Property or benefiting the Property to control
discharges caused by rainfall events, which system is intended to collect, convey, store,
absorb, inhibit, treat, use or reuse surface water in order to prevent or reduce flooding,
overdrainage, environmental degradation, and water pollution, and to control the quality
and quantity of discharges from the system, all as permitted by the District pursuant to
Rules 40C-4, 40C-40, and 40C-42, Florida Administrative Code.
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(1) "Owner" Or "Member" means the record owner, whether one or more
persons or entities, of the fee simple title to any Lot.
(m) "Property" means all property and additions thereto (which additional
property mayor may not be contiguous to the real property described in Article II
herein), as is subject to this Declaration or any Supplemental Declaration under the
provisions of Article II hereof.
(n) "Special Assessment'. means assessments levied ill accordance with
ARTICLE V.Section 2. of this Declaration.
ARTICLE II.
PROPERTY SUBJECT TO THIS DECLARATION
Section 1. Legal Description. The real property which is and shall be held, transferred,
sold, conveyed and occupied subject to this Declaration is located in Seminole County, Florida
and is more particularly described by Exhibit "A," attached hereto and incorporated herein by
this reference.
Section 2. Developer's Right to Add Additional Property to or Withdraw Property.
Developer shall have the right, in its sole discretion, to add additional property (which mayor
may not be contiguous to the real property described in Section 1) to the scheme of this
Declaration. Developer shall also have the right to withdraw property not previously conveyed
to an Owner from the scheme of this Declaration subject to the approval of Seminole County.
The addition or withdrawal by Developer shall not require the consent or joinder of the
Association, or any Owner or mortgagee of any of the Property, but shall be at the sole option of
the Developer. Upon addition of any property to the scheme of this Declaration, the owners of
such additional property shall be and become subject to this Declaration, including assessment
by the Association for their prorata share of the Association expenses. The addition of lands as
aforesaid shall be made and evidenced by filing in the Public Records of Seminole County,
Florida, a supplemental declaration with respect to the lands to be added.
ARTICLE III.
JESUP'S LANDING TOWNHOMES OWNERS' ASSOCIATION
Section 1. Membership. Every Owner of a Lot which is subject to Assessment shall be a
Member of the Association. Membership shall be appurtenant to and may not be separated from
ownership of any Lot which is subject to Assessment.
Section 2. Voting Rights. The Association shall have two classes of voting membership:
Class A. Class A Members shall be all Owners, with the exception of the
Developer, and shall be entitled to one vote for each Lot owned. When more than one person
holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be
exercised as they determine, but in no event shall more than one vote be cast with respect to any
Lot.
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Class B. The Class B Member(s) shall be the Developer. The Class B Member
shall be entitled to the same number of votes held by all other Members of the Association plus
one; provided. however, that notwithstanding any provisioh to the contrary, the Developer shall
have the right to appoint the entire Board of Directors of the Association until 90 days after 90%
of the Lots have been conveyed to Owners other than the Developer, or at an earlier date at the
sole discretion of the Developer. At such time, the Developer shall call a meeting, as provided in
the Bylaws for Special Meetings, to provide for the turnover of control of the Board of Directors
to the Owners. The Developer shall have the right, in its sole discretion, to appoint one member
to the Board of Directors for so long as the Developer owns any portion ofthe Property.
Section 3. Common Area Ownership. Developer may retain legal title to the Common
Areas so long as it has not turned over control of the Board of Directors to the Owners as
specified in Section 2. Within thirty days after such turnover of control, the Developer shall
convey and transfer by quit claim deed the record fee simple title to the Common Areas to the
Association and the Association shall accept such conveyance, subject to taxes for the year of
conveyance and to restrictions, limitations, conditions, reservations and easements of record.
The Association shall pay taxes on the Common Areas commencing upon the date of recordation
of the plat.
Section 4. Powers. Without limiting the generality of the powers provided in the Articles
of Incorporation, the Association shall have the power, but not the obligation, to enter into an
agreement or agreements from time to time with one or more person, firms or corporations to
provide management or consulting services, including the right to collect assessments and
enforce the provisions of this Declaration.
Section 5. Rules and Regulations. The Association has adopted Rules and Regulations
(as defined in the Declaration), which may be amended from time to time. The Association,
through its Board of Directors, also may make and enforce reasonable rules and regulations
governing the use of the Property, which rules and regulations shall be consistent with the rights
and duties established by this Declaration. Sanctions for violation of any rules or regulations
may include reasonable monetary fines, which shall be levied as Special Assessments as
provided in this Declaration, and suspension of the right to vote and the right to use the
recreation facilities. The Board shall, in addition, have the power to seek relief in any court for
violations or to abate nuisances. Imposition of sanctions shall be as provided in the Bylaws of
the Association. In addition, the Association, through the Board, may, by contract or other
agreement, enforce court ordinances or permit Seminole County to enforce ordinances on the
Property for the benefit of the Association and its Members.
Section 6. Merger or Consolidation. Upon a merger or consolidation of the Association
with another association, or upon any decision by the Association that its functions may be
performed effectively and efficiently by another association, the Property, rights and obligations
ofthe Association may be transferred to the surviving or consolidated association. Alternatively,
the property rights and obligations of another association may, by operation of law, be added to
the Property, rights and obligations of the Association as a surviving corporation pursuant to a
merger. In any event, the surviving or consolidated association may administer the covenants
and restrictions established by this Declaration within the Property together with the covenants
and restrictions established upon any other property as one scheme. No such merger or
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consolidation, however, shall effect any revocation, change or addition to the covenants
established by this Declaration.
Section 7. Termination of the Association. In the event of dissolution of the Association,
for whatever reason other than merger or consolidation as provided for herein, any Owner may
petition the Circuit Court of the Fifth Judicial Circuit of the State of Florida for the appointment
of a Receiver to manage the affairs of the Association and to make such provisions as may be
necessary for the continued management of the affairs of the dissolved Association, the Property
and Common Areas.
ARTICLE IV.
MAINTENANCE OBLIGATIONS
Section 1. Common Area Maintenance. Commencing with the date this Declaration is
recorded, except as stated hereinafter, the Association shall be responsible for the maintenance of
the Common Areas and any improvements or personal property in a continuous and satisfactory
manner and for the payment of taxes assessed against the Common Areas, if any, and any
improvements and any personal property thereon accruing from and after the date these
covenants are recorded. For purposes of illustration, Common Areas may include, but are not
limited to: entrance features; gate houses (if any); tracts designated for open space, wall tracts,
and/or tot lots and other recreational tracts on the Plat; buffer areas around the perimeter of the
Property; all streets and roadways within the Property and the Common Area sprinkler system;
and areas required to be maintained by the Association under the terms of the Declaration. The
Association shall at all times maintain in good repair, and shall replace as scheduled any and all
Common Areas and improvements belonging to the Association. It is anticipated that the
Association shall maintain all internal roads in good repair and shall resurface or repave said
roads as necessary. All such work shall be completed in a manner which, in the sole and
exclusive judgment of the Board of Directors of the Association, or the Association as the case
may be, is deemed satisfactory.
Section 2. Street Lighting. The Association shall operate and maintain any street lighting
facilities owned by the Association, if any, from the date of recording this Declaration or from
the date of installation of the street lighting, whichever occurs fIrst. Maintenance of the street
lighting fIxtures shall include the fIxtures within the Common Areas and shall further extend to
payment for electricity consumed in the illumination of such lights. If Developer, in its sole
discretion, elects to install such street lighting, Developer shall be entitled to all rebates or
refunds of the installation charges and the Association hereby assigns such rebates or refunds to
Developer and the Association shall forthwith pay same to the Developer.
Section 3. Lot Maintenance. The maintenance of the Lot, including cutting the grass,
irrigation system, maintenance of the landscaping material, and maintaining all landscaping
originally installed by the Developer or replacement(s) thereof, shall be the complete
maintenance responsibility of the Association. The maintenance of the exterior of the residence
on the Lot shall be the complete maintenance responsibility of the Association. The maintenance
of all landscaping installed on a Lot by the Owner(s) thereof which is in addition to and not a
replacement of the landscaping originally installed by the Developer shall be the complete
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maintenance responsibility of such Owner(s). If a mailbox is installed by the Developer, in its
sole discretion, the Owner shall be responsible for the maintenance, repair and replacement of
the mail -box installed by the Developer.
Section 4. Irrigation System. If the Property includes a common irrigation system and
any main irrigation lines shall be the maintenance obligation of the Association. In addition, all
irrigation lines and all sprinkler heads located on the Lots shall be the maintenance responsibility
of the Association. The Association shall have an easement over the Property, including any
Lot, to provide maintenance of such system. Notwithstanding the foregoing, the maintenance
and/or repair of any damage to irrigation lines or sprinkler heads located on an Owner's Lot
caused by the Owner's negligence or intentional act(s) shall be the responsibility of such Owner.
Section 5. Offsite Signage & Landscaping. The Association shall have the obligation to
maintain any offsite signs that advertise and promote the name of the Property and to maintain
the landscaping surrounding said signs.
Section 6. Stormwater Drainage Facility. The maintenance, repair, or replacement of any
stormwater drainage facility located on the Property shall be the complete responsibility of the
Association, in accordance with the requirements of the St. Johns River Water Management
District ("SJR WMD"). Any drainage facility shall be subject to any permit which may be issued
by the SJR WMD for the Property and as same may be amended from time to time. Copies of the
SJRWMD permit shall be maintained by the Association's registered Agent for the Association's
benefit. The SJR WMD has the right to enforcement action, including a civil action for the
injunction and penalties against the Association to compel it to correct any outstanding problems
with the drainage facilities or in mitigation or conservation areas under the responsibility or
control of the Association.
Section 7. Drainage Retention Areas (DRA's). The SJRWMD is the local permitting
authority for surface water permits. The onsite DRA's are designed as water management areas,
and are not designed as aesthetic features, they are for drainage purposes only. The water level
within the lakes is dependent upon rainfall and the level of the water in the ground. The water
level within the ORA's can be affected by and may decline significantly at certain times as a
result of the level of other drainage areas, the demand for potable water and irrigation water,
rainfall conditions. Because none of these factors are within the control of the Association, the
Association shall not be responsible for direct or consequential damage resulting from the
lowering of the water level in the DRA's. The Association shall not be responsible for the
maintenance of water in the DRA's to any specified level.
Section 8. Lift Station and Surface Water Management System. Unless and until
dedicated or conveyed to, and accepted by, a governmental unit or utility company, the
Association or Master Association shall maintain, repair and replace as needed, and pay the
electrical usage charges for, any lift station and related lines and equipment located within the
Property. It is the responsibility of the Association, at Common Expense, to operate, maintain
and repair portions of the Surface Water Management System located within the boundaries of
the Property, and to enforce, or to take such appropriate action as may be necessary to cure
violations of, the routine maintenance and non-interference covenants of the Owners and, when
appropriate, to levy special assessments or individual assessments therefor. Maintenance of the
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Surface Water Management System shall include the exercise of practices which allow the
system to provide drainage, water storage, conveyance and other surface water management
capabilities as permitted by the District and Seminole County. Any repair or reconstruction of
the Surface Water Management System shall be as originally permitted or, if modified, as
approved by the District and Seminole County.
Section 9. Drainage Improvements within Easements. The Association shall maintain,
repair and replace all drainage improvements within the Property, including without limitation
within all platted drainage easements, all in accordance with the Surface Water Management
System permit issued by the District. All maintenance, repairs and replacements of drainage
improvements within the Property, including without limitation within all platted drainage
easements, shall-also be in accordance with requirements of Seminole County.
ARTICLE V.
ASSOCIATION ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation for the Assessments. The
Developer, for each Lot owned by it within the Property, hereby covenants, and each Owner of
any Lot, by acc~ptance of a deed therefor, whether or not it shall be so expressed in any such
deed or other conveyance, shall be deemed to covenant and agree to pay to the Association
General Assessments for expenses outlined in Section 2 hereof, and Special Assessments as
provided in Section 4 hereof. Such Assessments are to be fixed, established and collected from
time to time as hereinafter provided. Assessments shall be against all Lots equally; provided,
however, that the cost of any maintenance, repair or replacement caused by the negligent conduct
of a Member or by the failure of a Member to comply with the lawfully adopted rules and
regulations of the Association shall be levied as a Special Assessment against such Member.
The full Assessment as to each Lot upon which an improvement is constructed shall commence
on the fIrst day of the full calendar month after a certificate of occupancy for the improvement is
issued, or upon the conveyance of the Lot by the Developer or upon the first occupancy of the
improvement, whichever occurs first. No Owner may waive or otherwise escape liability for the
Assessments for maintenance by non-use of the Common Areas or abandonment of his right to
use the Common Areas. The General and Special Assessments, together with interest thereon
and costs collection thereof as hereinafter provided, shall be a charge on the Lot and shall be a
continuing lien upon the Lot against which the Assessment is made, and shall also be the
personal obligation ofthe Owner of such Lot. The lien rights provided herein shall not apply to
any portion of the Property owned by the Developer.
Section 2. General Assessments. The General Assessments levied by the Association
shall be used exclusively for the expenses of the Association. General expenses are any and all
charges for the administration of the Association, cable television expenses if any, maintenance,
repair, replacement and operation of the Common Areas and the operation, maintenance and
repair of the lift station arid the Surface Water Management System as described in Article IV,
Section 6 and 7 hereof, including, but not limited to: management, accounting and legal fees,
postage, utility service to Common Areas, Association insurance, reserves deemed necessary by
the Board of Directors for repair, replacement or addition to the Common Area, and payment of
{TL074862;\ }
7
all debts and obligations of the Association which are properly incurred for the purposes stated in
this Declaration.
Section 3. Date of Commencement of General Assessments: Due Dates. The General
Assessments shall commence on the first day of the month next following the recordation of this
Declaration. Thereafter, the Board of Directors shall fIX the date of commencement and amount
of the Assessment against each Lot at least thirty (30) days in advance of the commencement
period. The General Assessments shall be payable in advance in quarterly installments, or as
otherwise determined by the Board of Directors of the Association.
Section 4. Initial Budget. The Developer shall establish the initial budget, which shall be
based on a fully developed community. By a majority vote of the Board of Directors, the Board
shall adopt an annual budget for the subsequent fiscal year which shall provide for allocation of
expenses in such a manner that the obligations imposed by this Declaration will be met. In the
event the community is 110t fully developed at the time the budget is adopted by the Board, the
Board may nevertheless base the budget on a fully developed community. In instances where the
Developer or the Board bases the budget on a fully developed community when in fact the
community is not so developed, then the budget (and therefore the Assessments) shall be reduced
by the amount allocated for incomplete amenities or facilities. The Assessment shall be for the
calendar year, but the amount of the General Assessment to be levied during any period shorter
than a full calendar year shall be in proportion to the number of months remaining in such
calendar year. The amount of the General Assessment may be changed at any time by the Board
from that originally adopted or that which is adopted in the future.
Section 5. Special Assessments. A Special Assessment may be levied against one or
more Lots for the following purposes:
(a) charges for expenses of the Association which are not general expenses
but which are attributable to a specific Lot or Lots and which are designated as a special
charge.
(b) reimbursement for damages caused by an Owner, Owners, their family
members, guests, invitees or tenants.
(c) capital improvements relating to the Common Area.
(d) late charges, user fees, fines and penalties.
( e) any other charge which is not a general expense.
(f) any general expense, which exceeds the amount budgeted, or any
emergency expense which exceeds the amount of any reserves or other Association
funds.
A Special Assessment required to maintain the Association Property in good condition or
to protect the liability of the Association Members may be levied against all Lots by a majority
vote of the Board of Directors. Additionally, Special Assessments against individual Lot
Owners for expenses incurred in direct relation to the maintenance or liability associated with
{TL074862; I}
8
that Lot may be levied by a majority vote of the Board of Directors. Other Special Assessments
shall require approval by a majority vote of those members present and voting at a meeting of the
membership called in accordance with the Bylaws of the Association. The Board of Directors
shall fix the amount and due date of any Special Assessment by resolution, which resolution
shall also set forth the Lot or Lots subject to such Assessment.
Section 6. Trust Funds. The portion of all General Assessments collected by the
Association as reserves for future expenses, and the entire amount of all Special Assessments
collected for capital improvements shall be the property of the Association as a whole and shall
be used exclusively for the purposes designated at the time of Assessments. Each owner
acknowledges and consents that such funds are the exclusive property of the Association as a
whole and no Owner shall have any interest, claim or right to any such funds.
Section 7. Guaranteed Assessments during Guarantee Period. Developer covenants and
agrees with the Association and the Owners that, for the period commencing with the date of
recordation of this Declaration and ending upon the sooner to occur of the following: (i) the date
of turnover of the Association as described in Article III hereof ("Turnover Date"); or (ii) June
30, 2007, as such may be extended in Developer's sole discretion, as described herein
("Guarantee Period"), Developer shall be excused from payment of its share of the operating
expenses and Assessments related to its Lots (other than Special Assessments) and, 'in turn, that
the individual Lot Assessment charged to Owners other than Developer will not exceed the
dollar amount set forth in the initial Budget of the Association ("Guaranteed Assessment") and
that Developer will pay the difference ("Deficit"), if any, between (a) the operating Expenses
(other than those operating Expenses which are properly the subject of a Special Assessment)
incurred by the Association during the Guarantee Period, and (b) the amounts assessed as
Guaranteed Assessments against Owners during the Guarantee Period, the "Working Capital
Fund" set forth in ARTICLE V, Section 8. hereof and any other income of the Association
during the Guarantee Period. Thus, during the Guarantee Period Owners shall not be obligated
to pay Assessments other than the Guaranteed Assessment and Special Assessments and the
Owners' respective Working Capital Fund Contribution. The Deficit, if any, to be paid by
Developer pursuant to this Section 7 shall be determined by looking at the Guarantee Period as a
whole, without regard to quarterly, annual or any other accounting or fiscal periods and without
regard to intra period allocations. In that regard, in the event it is determined at the end of the
Guarantee Period that there is a Deficit and Developer has previously advanced funds to the
Association in excess of the Deficit during the Guarantee Period, Developer shall be entitled to
the immediate repayment from the Association of the amount of funds advanced by Developer in
excess of the Deficit. Developer hereby reserves the right to extend the Guarantee Period from
time to time to a date ending no later than the Turnover Date at Developer's sole election by
providing written notice to the Association of such election at least thirty (30) days prior to the
expiration of the Guarantee Period (as same may have been previously extended). Developer
also reserves the right to increase the amount of the Guaranteed Assessment during any such
extended Guarantee Period. Special Assessments are not included in this guarantee.
Section 8. Working Capital Fund. Developer shall establish a Working Capital Fund for
the initial months of operation of the Association, which shall be collected by the Developer
from each Lot purchaser at the time of conveyance of each Lot to such purchaser in an amount
equal to two (2) months of the annual assessment for each Lot without consideration for
{TL074862; l}
9
reductions due to incomplete facilities. Each Lot's share of the Working Capital Fund shall be
collected and transferred to the Association at the time of closing of the sale of each Lot.
Amounts paid into the fund are not to be considered as advance payment of regular Assessments.
Notwithstanding the foregoing, the Developer, for so long as it controls the Board of Directors,
shall have the right to use the Working Capital Fund to pay for ordinary expenses of the
Association.
Section 9. Assessment Roster and Certificate. A roster of the Owners, Lot numbers and
Assessments applicable thereto shall be kept in the office of the Association and shall be open to
inspection by any Owner. If the Owner does not reside on the Lot, Owner is required to provide
its current mailing address to the Association, together with the names of those residing on the
Lot.
The Association shall, within five (5) days 0 f receipt of a written request, furnish to any
Owner liable for an Assessment a certificate in writing signed by an officer or agent of the
Association, setting forth whether such Assessment has been paid as to the Lot owned by the
Owner ~aking request therefor. Such certificate shall be conclusive evidence of payment of any
Assessment to the Association therein stated to have been paid.
..
Section 10. Collection of Assessment. Effect of Non Payment of Assessments; The
Personal Obligation ofthe Owner; The Lie~ Remedies of the Association. If any Assessment is
not paid within ten (10) days after the due date, the Association shall have the right to charge the
defaulting Owner a late fee often percent (10%) of the amount of the Assessment, or Ten and
No/ 100 Dollars ($10.00), whichever is greater or as otherwise adopted by the Board of Directors
from time to time, plus interest at the then highest rate of interest allowable by law from the due
date until paid. If there is no due date applicable to any particular Assessment, then the
Assessment shall be due ten (10) days after written demand by the Association. Ifany Owner is
in default in the payment of any Assessment owed to the Association for more than thirty (30)
days after written demand by the Association, the Association upon written notice to the
defaulting Owner shall have the right to accelerate and require such defaulting Owner to pay
Assessments to the Association for the next twelve (12) month period, based upon the then
existing amount and frequency of Assessments. In the event of such acceleration, the defaulting
Owner shall continue to be liable for any increases in the General Assessments, for all Special
Assessments, and/or for all other Assessments payable to the Association. If the Assessments
and any late fees and interest are not paid on the date when due, then such Assessments and any
late fees and interest shall become delinquent and shall, together with such interest thereon and
the cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the
property which shall bind such property in the hands of the Owner, his heirs, devisees, personal
representatives, successors and assigns. Any individual who acquires title to a Lot upon the
death of an Owner or by operation of law shall be personally liable for unpaid Assessments and
late fees with respect to such Lot. In any voluntary conveyance, the Grantee shall be jointly and
severally liable with the Grantor for all unpaid Assessments made prior to the time of such
voluntary conveyance, without prejudice to the rights ofthe Grantee to recover from the Grantor
the amounts paid by the Grantee therefor.
The Association may bring an action at law against the Owner personally obligated to
pay the same or may record a claim of lien against the property on which the Assessment and
{TL074862;1}
10
late fees are unpaid, or may foreclose the lien against the property on which the Assessment and
late fee are unpaid, in like manner as a foreclosure of a mortgage on real property, or pursue one
or more of such remedies at the same time or successively, and there shall be added to the
amount of such Assessment and late fee, attorney's fees and costs of preparing and filing the
claim of lien and the complaint in such action, and in the event a judgment is obtained, such
judgment shall include interest on the Assessment and late fee as above provided and a
reasonable attorney's fee to be fixed by the court together with the costs of the action, and the
Association shall be entitled to attorney's fees in connection with any appeal of any such action.
It shall be the legal duty and responsibility of the Association to enforce payment of the
Assessments and late fees hereunder.
The provisions set forth in this section shall not apply to the Developer for so long as the
Developer owns any portion of the Property.
Section 11. Subordination of the Lien to First Mortgages. The lien of Assessments,
including interest, late charges (subject to the limitations of Florida laws), and costs (including
attorney's fees) provided for herein, shall be subordinate to the lien of any first mortgage of an
Institutional Lender upon any Lot. In addition, the lien of assessments, including interest, late
charges (subject to the limitation of Florida laws), and costs (including attorneys' fees) provided
for herein, shall be subordinate to a mortgage held by Developer upon the Property, or any
portion thereof, or any interest therein. The sale or transfer of any Lot or parcel of land shall not
affect the Assessment lien. However, the sale or transfer of any Lot or parcel pursuant to judicial
or non judicial foreclosure of a first mortgage shall extinguish the lien of such Assessments as to
payments which became due priorto such sale or transfer. No sale or transfer shall relieve such
Lot or parcel from lien rights for any Assessments thereafter becoming due. Where the
Institutional Lender ofa first mortgage of record or other purchaser of such a Lot obtains title, its
successors and assigns shall not be liable for the Assessments chargeable to such Lot which
became due prior to the acquisition of title to such Lot by such acquirer. Such unpaid
Assessments shall be deemed to be an Assessment divided equally among, payable by and
assessed against all Lots, including the Lot as to which the foreclosure (or conveyance in lieu of
foreclosure) took place. Likewise, where a mortgage is held by the Developer upon the Property,
or a portion thereof, and the Developer or other purchaser obtains title, its successors and assigns
shall not be liable for the Assessments by the Association chargeable to the Property, or a portion
thereof, which become due prior to the acquisition of title to the Property, or portion thereof, by
such acquirer. Such unpaid Assessments shall be deemed to be an Assessment divided equally
among, payable by and assessed against all Lots, including the Lot as to which the foreclosure
(or conveyance in lieu of foreclosure) took place.
ARTICLE VI.
ARCHITECTURAL CONTROL
Section 1. Architectural Control. The Declaration sets forth prOVISIons relating to
architectural control, standards, required approvals, and other matters that are binding upon all
Owners. Each Owner shall comply with all provisions of the Declaration, including those
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11
relating to architectural control. For purposes of this Declaration, the term "ACH" shall mean the
architectural control board as created and existing under the Declaration.
ARTICLE VII.
EASEMENTS
Section 1. Members' Easements. Each Member of the Association and each tenant, agent
and invitee of such Member shall have a permanent and perpetual easement for ingress and
egress for pedestrian and vehicular traffic over and across the walkways, driveways and roads
from time to time laid out on the Common Areas, for use in common with all such Members,
their tenants, agents and invitees. The portion of the Common Areas not used, from time to time,
for walkways and/or driveways or lakes shall be for the common use and enjoyment of the
Members of the Association and each Member shall have a permanent and perpetual easement
for pedestrian traffic across all such portions of such tracts and for the use of same in such
manner as may be regulated by the Association. The foregoing easements are subject to the
following:
(a) The right and duty of the Association to levy assessments against each Lot
for the purpose of maintaining the Common Areas in compliance with the provisions of
this Declaration and with any restrictions on the plat of the Property.
(b) The right of the Association to suspend the voting rights for any period
during which any assessment against his Lot remains unpaid; and for a period not to
exceed sixty (60) days for any infraction of its lawfully adopted and published rules and
regulations.
(c) The right of the Association to adopt and enforce rules and regulations
governing the use ofthe Common Areas.
The right of an Owner to the use and enjoyment of the Common Areas shall extend to the
residents and their guests, subject to regulations from time to time adopted by the Association in
its lawfully adopted and published rules and regulations.
Section 2. Easements Appurtenant. The easements provided ill Section 1 shall be
appurtenant to and shall pass with the title to each Lot.
Section 3. Utility Easements. Public utilities may be installed underground in the
Common Areas when necessary for the service of the Property or additional lands for which
Developer holds an option to purchase, but all use of utility easements shall be in accordance
with the applicable provisions of this Declaration.
Section 4. Public Easements. Firefighters, police, health, sanitation and other public
service personnel and vehicles shall have a permanent and perpetual easement for ingress and
egress over and across the Common Areas.
Section 5. Easements for Encroachment. There shall be reciprocal appurtenant
easements of encroachment as between each Lot and the Common Area adjacent thereto or as
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12
between adjacent Lots due to the unintentional placement or settling or shifting of the
improvements constructed by the Developer (in accordance with the terms of this Declaration) to
a distance of not more than one (1) foot, as measured from any point on the common boundary
between each Lot and the adjacent portion of the Common Area or as between said adjacent
Lots, as the case may be, along a line perpendicular to such boundary at sUGh point.
Section 6. Right to Grant or Relocate Easement. The Developer (during any period in
which the Developer has any ownership interest in the Property) and the Association shall each
have the right to grant such additional drainage, water and sewer, electric, telephone, gas,
sprinkler, irrigation, cable television or other easements, and to relocate any existing easement in
any portion of the Property, including the lots, and to access easements and to relocate any
existing access easements in any portion of the Property as the Developer or the Association
shall deem necessary or desirable, for the proper operation aq.d maintenance of the Property, or
any portion thereof, or for the general health or welfare of the Owners or for the purpose of
carrying out any provisions of this Declaration; pro'vided that such easements or the relocation of
existing easements will not prevent or unreasonably interfere with the use of the Lots for
dwelling purposes. There shall be reciprocal appurtenant easements of encroachment as between
each Lot and the Common Area adjacent thereto or as between adjacent Lots due to the
unintentional placement or settling or shifting of the improvements installed by utility companies
or governmental entities or the Developer, to a distance of not more than three (3) feet, as
measured from any point on the common boundary between each Lot and the adjacent portion of
the Common Area or as between said adjacent Lots, as the case may be, along a line
perpendicular to such boundary at such point .
Section 7. Association Easement. For the purpose solely of performing its obligations
under the provisions of this Declaration, the Association, through its duly authorized agents,
employees or independent contractors, shall have the rights, after reasonable notice to the Owner,
to enter upon any Lot at reasonable hours of any day. In the event of an emergency, such right of
entry shall exist without notice on any day. Each Owner hereby grants to the Association, its
duly authorized agents, employees or independent contractors such easements for ingress and
egress, across the Lots as may be reasonably necessary to effect and perform the exterior
maintenance aforementioned.
Section 8. Easement for Access and Drainage. The Association shall have a perpetual
non-exclusive easement for access to operate, maintain or repair the system. By this easement,
the Association shall have the right to enter upon any portion of any lot which is a part of the
surface water or Stormwater Management System, at a reasonable time and in a reasonable
manner, to operate, maintain or repair the surface water or Stormwater Management System as
required by the District permit. Additionally, the Association shall have a perpetual
non-exclusive easement for drainage over the entire surface water or Stormwater Management
System. No person shall alter the drainage flow of the surface water or Stormwater Management
System, including buffer areas or swales, without the prior written approval of the District. In
addition, the Association shall also have the right to enter upon any portion of any Lot which is a
part of the surface water or Stormwater Management System, at a reasonable time and in a
reasonable manner, to operate, maintain or repair the surface water or Stormwater Management
System as required by Seminole County. No person shall alter the drainage flow of the surface
{TL074862; I}
13
water or Stormwater Management System, including buffer areas or swales, without the prior
written approval of Seminole County.
ARTICLE VIII.
GENERAL RESTRICTIVE COVENANTS
Section 1. Applicability. The provisions of this Article shall be applicable to all Lots
situated within the Property.
Section 2. Land Use. No Lot shall be used except for residential purposes. Temporary
uses for model homes, parking lots, construction trailer, construction storage areas and/or sales
offices shall be permitted for the Developer.
Section 3. Building Location. Buildings shall be located in conformance with the
requirements of the City of Winter Springs and Seminole County, Florida and any specific
zoning approvals thereunder, or as originally constructed on a Lot by Developer or its successor
or assignee. Whenever a variance or special exception as to building location or other item has
been granted by the authority designated to do so by the municipality, said variance or special
exception is hereby adopted as an amendment to this Section and any future variance or special
exception as to building location or other item shall constitute an amendment of this Section.
Section 4. Landscaping of Easements. In addition to the easements reserved herein,
easements for drainage, installation and maintenance of utilities and for ingress and egress are
shown on the recorded plates) of the Property. Within these easements no structure, planting or
other material may be placed or permitted to remain that will interfere with vehicular traffic or
prevent maintenance of utilities. Public utility companies servicing the Property and the
Association, and their successors and assigns, shall have a perpetual easement for the installation
and maintenance of water lines, sprinkler lines, sanitary sewers, storm drains, gas lines, electric
and telephone lines, cables and conduits, including television cables and conduits and such other
installations as may be required or necessary to provide maintenance and utility services to the
Lots and/or the Common Areas under and through the utility easements as shown on the plates).
Any damage caused to pavement, driveways, drainage structures, sidewalks, other structures, or
landscaping in the installation and maintenance of such utilities shall be promptly restored and
repaired by the utility whose installation or maintenance caused the damage. All utilities within
the subdivisions, whether in streets, rights-of-way or utility easements, shall be installed and
maintained underground, provided, however, that water and sewer treatment facilities and
control panels for utilities may be installed and maintained above ground.
Section 5. Nuisances. No noxious or illegal activity shall be carried on upon any Lot, nor
shall anything be done thereon which may be or may become an annoyance or nuisance to the
neighborhood or any other Lot Owner. In the event of any question as to what may be or
become a nuisance, such question shall be submitted in writing to the Board for a decision in
writing, which decision shall be final. In addition, no weeds, underbrush or other unsightly
growths shall be permitted to grow or remain upon any Lot. No refuse pile or unsightly objects
shall be allowed to be placed or suffered to remain on any Lot; and in the event that an Owner
shall fail or refuse to keep his Lot free of weeds, underbrush or refuse piles or other unsightly
{TL074862;1)
14
growths or objects, then the Association may enter upon said premises and remove the same at
the expense of the Owner, and-such entry shall not be deemed a trespass. All garbage or trash
containers must be placed in areas so that they shall not be visible from adjoining Lots or from
the street. Provided, however, any portion of the Property not yet developed by Developer, shall
be maintained in a clean condition but shall not be expected to be maintained in a manicured
.. condition.
Section 6. Temporary Structures. No structure of a temporary character, or trailer, tent,
mo bile home or recreational vehicle shall be permitted on any Lot either temporarily or
permanently, except that the Developer may park a trailer on the Property during periods of
construction.
Section 7. Signs. One sign of not more than one square foot may be used to indicate the
name of the resident and/or house number. No sign of any kind shall be displayed to the public
view on the Property, without the prior consent of the ACB; provided that the Developer, so long
as it has not sold all of its Lots in the Property, shall retain the right to disapprove any signs
displayed to the public view. Notwithstanding the foregoing, this Section shall not apply to the
Developer for as long as it holds title to any portion of the Property.
Section 8. Oil and Mining Operations. No oil drilling, oil development operations, oil
refining, quarrying or mining operations of any kind shall be permitted upon or in the Property
nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in the
Property. No derrick or other structure designed for use in boring for oil or natural gas shall be
erected, maintained or permitted upon any portion of the land subject to these restrictions.
Section 9. Animals and Pets. No reptiles, animals, livestock, or poultry of any kind may
be raised, bred, kept or permitted on any Lot, with the exception of dogs, cats, or other usual and
common household pets not to exceed two (2) in number, regardless of the type. The keeping of
a dog or other domestic pet is not a right of an Owner, but is a conditional license. This
conditional license is subject to termination at any time by the Board of Directors upon a fmding
that a dog or other pet is vicious, is annoying to other residents, or has in any way become a
nuisance. The owner of a pet assumes liability for all damage to persons or property caused by
the pet or resulting from its presence at the Property.
This license is subject to the following conditions:
(a) Pets shall be kept on a leash at all times when outside a building and not
enclosed within a fenced-in area.
(b) Pets are permitted to have excrements upon the Common Areas provided
that the owner shall immediately remove such excrement from the Common Areas with a
"Pooper Scooper" or other appropriate tool and deposit said waste in an approved trash
receptacle.
(c) The owner of a pet shall be responsible, and by virtue of ownership,
assumes responsibility for any damage to persons or property caused by his pet(s).
{TL074862; 1 }
15
(d) Any pet whose owner violates the provisions and intent of these rules shall
be deemed a nuisance and subject to removal in accordance with the provisions of this
Declaration.
Section 10. Visibility at Intersections. No obstruction to visibility at street intersections
shall be permitted.
Section 11. Commercial Trucks. Trailers. Campers and Boats. No commercial vehicles,
campers, mobile homes, motorhomes, boats, house trailers, boat trailers, or trailers of every other
description shall be permitted to be parked or to be stored at any place on any Lot, except only
during the periods of approved constI1lction on said Lot, and except that they may be stored
within garages. Small pick-up trucks or vans of the type commonly used as private passenger
vehicles may be parked or stored in approved parking areas, so long as no commercial equipment
or lettering or graphics is exposed to view. The term "commercial vehicle" shall include all
automobiles, trucks and vehicular equipment, including station wagons, which bear signs or shall
have printed on same some reference to any commercial undertaking or enterprise. This
prohibition of parking shall not apply to temporary parking of trucks and commercial vehicles,
such as for pick-up, delivery, and other commercial services.
No vehicle which is unlicensed or inoperable may be kept or stored on the Property,
unless kept fully enclosed inside a garage. No repair work to any type of motor vehicle, boat or
trailer shall be conducted on any Lot other than minor repairs, cleaning. or waxing which is
completed in less than 24 hours.
Section 12. Fences. No fence, wall or other structure shall be erected in the front yard,
back yard, or side yard except as approved by the ACB or as installed by the Developer.
Section 13. Hedges. No hedge shall be erected in the front yard except as approved by
the ACB or as installed by the Developer.
Section 14. Garbage and Trash Disposal. Garbage, refuse, trash or rubbish shall be
stored in a fashion to protect it from view from the street or another Lot, provided however, that
the requirements from time to time of the County of Lake for disposal or collection shall be
complied with. All equipment for the storage or disposal of such material shall be kept in a clean
and sanitary condition. All garbage placed out for collection must be in sealed garbage bags,
covered plastic garbage cans, or such other containers supplied or approved by the garbage
collecting authority. Trash, recyclables, and/or vegetation shall not be placed curbside earlier
than 6:00 P. M. the evening before collection. Emptied receptacles or uncollected refuse shall
be promptly removed from curbside by Owner.
Section 15. Drying Areas. Drying areas will not be permitted on any lot or anywhere on
site.
Section 16. Gas Containers. No gas tank, gas container, or gas cylinder (except those
placed by the Developer or approved by the ACB in connection with the installation of
swimming pools and/or permanent barbecues, and except those used for portable barbecues)
shall be permitted to be placed on or about the outside of any house or any ancillary building,
and all such items (except those placed by the Developer in connection with the installation of
{TL074862;1}
16
swimming pools and/or permanent barbecues, and except those used for portable barbecues)
shall be installed underground in every instance where gas is used. In the alternative, gas
containers may be placed above ground if enclosed on all sides by a decorative safety wall
approved by the ACB.
Section 17. Communication Equipment. Except as may be installed by the Developer or
as may be permitted by the ACB, no antennas, aerials, or lines, wires or other devices for
communication or transmission of current shall be placed on any portion of the Property. In no
event, however, shall lines or wires for communication or the transmission of current be
constructed placed, or permitted to be placed within the Common Areas unless the same shall be
installed by the Association for the common use of all Members, and shall be protected cables,
and any of said lines or wires which are not located in buildings shall be constructed or placed
and maintained underground. Any line or wire installations permitted by the ACB pursuant to
this Section shall be protected cable and shall only be installed underground.
Section 18. County Requirement. Any plat or replat of the Property subject to this
Declaration must conform with the applicable site plan as approved by any Site Plan Review
Committee thereof.
Section 19. Drainage. Unless first approved by the ACB and the District, no Owner
other than the Developer may obstruct, alter or in any way modify the method and/or structures
of drainage utilized or installed by Developer or the Association from, on or across any Lot,
Common Area or easement area; nor shall any structure or material be erected, placed or
maintained which shall in any way obstruct such drainage devices or facilities or impede their
efficient operation. No elevation changes shall be permitted on any Lot which materially
adversely affect the drainage of or to neighboring Lots or the Common Area. Any such
obstruction, alteration or modification of the method and/or structures of drainage utilized or
installed by the Developer or the Association shall also be approved by Seminole County.
Section 20. Pumping or Draining. The Owner of any Lot which includes or is adjacent to
any pond, creek, bay head, or other body of water shall not reduce the depth or size of said body
of water by pumping or draining therefrom.
Section 21. Leasing. No lease may be made for less than a three (3) month period, and
all leases must be in writing. No more than two (2) leases may be executed per year for the
rental of a Lot. Owners are required to provide to the Association the Owner's current mailing
address, together with the names of those residing on the Lot. Each Owner shall be responsible
for the acts and omissions, whether negligent or willful, of any person residing on his Lot, and
for all guests, and invitees of the Owner or any such resident, and in the event the acts or
omissions of any of the foregoing shall result in any damage to the Common Areas, or any
liability to the Association, the Owner shall be assessed for same as in the case of any other
Assessment, limited where applicable to the extent that the expense or liability is not met by the
proceeds of insurance carried by the Association. Furthermore, any violation of any of the
provisions of this Declaration, of the Articles, or the Bylaws, by any resident of any Lot, or any
guest or invitee of an -Owner or any resident of a Lot, shall also be deemed a violation by the
Owner, and shall subject the Owner to the same liability as if such violation was that of the
Owner.
{TL074g62; I}
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With respect to any tenant or any person present on any Lot or any portion of the
Property, other than an Owner and the members of his immediate family permanently residing
with him in the Lot, if such person shall materially violate any provision of this Declaration, the
Articles, or be a source of annoyance to the residents of the Property, or shall willfully damage
or destroy any Common Areas or personal property of the Association, then upon written notice
by the Association, such person shall be required to immediately leave the Property and if such
person does not do so, the Association is authorized to commence an action to evict such tenant
or compel the person to leave the Property and, where necessary, to enjoin such person from
returning. The expense of any such action, including attorneys' fees, may be assessed against the
applicable Owner, and the Association may collect such Assessment and have a lien for same as
elsewhere provided. The foregoing shall be in addition to any other remedy of the Association.
Section 22. Waterways. Motorized boat, jet ski or other motorized vessels are not
permitted in any waterway within the Property.
Section 23. Screen Enclosures. No screen enclosures may be constructed on any Lot
except as approved by the ACB and after all necessary approvals and permits have been obtained
from all governmental agencies. No screen enclosure may be constructed in any designated
building setback area on any Lot.
ARTICLE IX.
INSURANCE AND HAZARD LOSSES
The Association's Board of Directors, or its duly authorized agent, shall have the
authority to and shall obtain blanket all-risk insurance, if reasonably available, for all insurable
improvements on the Common Areas. If blanket all-risk coverage is not reasonably available,
than at a minimum an insurance policy providing fire and extended coverage shall be obtained.
Insurance, other than title insurance, that shall be carried on the Common Area and the
Association Property shall be governed by the following provisions:
Section 1. Authority to Purchase: Named Insured. All insurance policies upon the
Common Area and the Association Property shall be purchased by the Association and shall be
placed in a single agency or company, if possible. The named insured shall be the Association.
The Association has the authority to use their discretion in obtaining the coverage listed
hereinafter, as some of the requirements may be or become unobtainable, or may be cost
prohibitive.
Section 2. Coverage.
(a) Fidelity Bonds. Blanket fidelity bonds must be maintained for anyone
who either handles or is responsible for funds that the Association holds or administers.
Cancellation or substantial modification of the bonds must be noticed to the Association
members and FNMA servicers prior to change.
(b) Hazard Insurance. All buildings and insurable improvements on the
Common Area and the Association Property shall be insured for fire and extended
coverage perils, excluding foundation and excavation costs at their maximum insurable
{TL074862; I}
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replacement value and all personal property owned by the Association shall be insured
for its full insurable value, all determined annually by the Board of Directors of the
Association.
(a) Company Rating. The company or companies with whom the
Association shall place its insurance coverage must meet the following requirements: a B general
policyholder's rating or a fmancial performance index of 6 or better in the Best's Key Rating
Guide, or an A or better rating from Demotech, Inc.
(b) Deductible. The Association shall determine from time to time the
maximum deductible amount permitted with respect to hazard insurance coverage.
( c) Endorsements. If available and/or applicable, an Inflation Guard
Endorsement, a Construction Code Endorsement, and a Machinery Coverage Endorsement are
required.
( c) Flood Insurance. If any part of the Association Property is in a Special
Flood Hazard Area which is designated as A, AE, AH, AO, Al-30, A-99, V, VB OR
Vl-30 on a Flood Insurance Rate Map, the Association must maintain a master or blanket
policy of flood insurance. The amount of flood insurance should be at least equal to the
lesser of 100% of the insurable value of the facilities or the maximum coverage available
under the appropriate National Flood Insurance Administration program. Unless a higher
deductible amount is required by state law, the maximum deductible amount for policies
covering the Association Property and Common Area is the lesser of$5,000 or 1 % of the
policy's face amount.
(d) Liability Insurance. If the policy does not include "severability of
interest" in its terms, a specific endorsement must be obtained to preclude the insurer's
denial of an Owner's claim because of negligent acts of the Association or of other
Owners.
(e) Public Liability Insurance. The Association shall obtain public liability
and property damage insurance covering all of the Common Area and the Association
Property and insuring the Association and the Members as their interests appear in such
amounts and providing such coverage as the Board of Directors of the Association may
determine from time to time. The liability insurance shall include, but not be limited to,
hired and non~owned automobile coverage.
(f) Workmen's Compensation Insurance. The Association shall obtain
workmen's compensation insurance in order to meet the requirements of law, as
necessary.
(g) Directors and Officers Liability Insurance. The Association shall obtain
directors and officers liability insurance providing such coverage as the Board of
Directors of the Association may determine from time to time.
(h) Other Insurance. The Board of Directors or the Association shall obtain
such other insurance as they shall determined from time to time to be desirable.
{TL074862; I}
19
(i) Subrogation Waiver. If available, the Association shall obtain policies
which provide that the insurer waives its right to subrogation as to any claim against
Members, the Association and their respective servants, agents and guests.
Section 3. Premiums. Premiums upon insurance policies purchased by the Association
shall be paid by the Association. The cost of insurance premiums and other incidental expenses
incurred by the Association in administering and carrying out any of the provisions of this
Section shall be assessed agamst and collected from Members as part of General Assessments.
Section 4. Association's Power to Compromise Claims. The Board of Directors of the
Association is hereby irrevocably appointed agent for each Member and for each holder of a
mortgage or other lien, for the purpose of compromising and settling all claims arising under
insurance policies purchased by the Association, and to execute and deliver releases upon
payment of claims.
ARTICLE X.
DEVELOPER'S RIGHTS
Section 1. Sales Activity. Notwithstanding any provision herein to the contrary, until the
Developer has completed, sold and conveyed all of the Lots within the Property, neither the
Owners, nor the Association nor their use of the Common Areas shall interfere with the
completion of the contemplated improvements and the sale of Lots and any other sales activity of
the Developer, whether related to the Property or other developments of the Developer. The
Developers (or its duly authorized agents or assigns) may make such use of the unsold Lots and
the Common Areas as may facilitate such completion and sale including, but not limited to, the
maintenance of sales offices, construction trailers, storage areas, model homes, and/or parking
lots for the showing of the property, and the display of signs, billboards, flags, placards and
visual promotional materials. The Developer shall have the right to use unimproved Lots for
temporary parking for prospective purcliasers and such other parties as Developer determines.
Each Lot and the Common Area is hereby subjected to an easement for the purposes set forth
herein.
Section 2. Replatting. It may be necessary for the Developer to replat a portion of the
Property. The Developer shall have the right to replat unsold portions of the Property without
requiring the joinder or consent of any Owner or mortgagee holding a mortgage on any Lot.
Section 3. Utility and Construction Payments and/or Deposits. In the event a utility
company or governmental authority requires a deposit to be made by the Developer, and such
deposit shall be refunded at some time in the future, then the Developer (and not the Association)
shall be entitled to receipt of the refunded funds. In addition, should construction payments
made by the Developer be refunded by a utility company or governmental authority at some time
in the future, then the Developer (and not the Association) shall be entitled to receipt of the
refunded funds or the Association shall reimburse the Developer for such payments prior to the
time that Owners other than the Developer elect a majority of the members of the Board of
Directors ofthe Association.
{TL074862;! }
20
Section 4. Developer's Right to Common Areas. Developer shall have the right from
time to time to enter upon the Common Areas during periods of construction upon adjacent
Property and for the purpose of construction of any facilities on the Common Areas that
Developer elects to build. Developer may grant easements to Lot Owners adjacent to Common
Areas for overhangs, protrusions and encroachments of any portion of the improvements to a Lot
which are constructed by Developer. The Developer shall have the right to dedicate the
Common Areas or a portion thereof to any governmental authority or utility company, or to grant
an easement over the Common Areas in favor of any governmental authority or utility company,
without requiring the joinder or consent of any other Owner or mortgagee holding a mortgage on
any Lot.
Section 5. Assignment of Developer Rights. The Developer shall have the right to assign
to any other person or entity any or all of the Developer's rights reserved in this Declaration, in
whole or in part, with respect to all or any portion of the Property. In the event of an assignment,
the assignee shall not be liable for any action of a prior developer. Acquisition, development or
construction lenders acquiring title to the Property or any portion thereof by foreclosure or deed
in lieu of foreclosure shall have the right, but not the obligation, to assume the Developer's
rights. Such acquisition, development or construction lender shall have the right -to assign the
Developer's rights to a subsequent purchaser, regardless of whether or not the Developer's rights
were assumed by the lender.
Section 6. Developer Approval of Board Action. In the event the Developer no longer
controls the Board of Directors but continues to own a portion of the Property, then the
Developer shall have the right to veto any action taken by the Board if the Developer determines
that such action materially and adversely affects the Developers interest in the community.
Action of the Board shall be submitted to the Developer within ten (10) days of adoption of such
action. In the event a written veto is not delivered by the Developer to the Board within ten (10)
days of actual receipt of the action, then the action shall be deemed approved.
ARTICLE XI.
MORTGAGEES'RIGHTS
The following provisions are for the benefit of holders, insurers, or guarantors of first
mortgages on Lots in the Property.
Section 1. Notices of Action. An Institutional holder, insurer, or guarantor of a first
mortgage, who provides written request to the Association (such request to state the name and
address of such holder, insurer, or guarantor and the Lot number), therefore becoming an
"Eligible Holder"), will be entitled to timely written notice of
(a) any condemnation loss or any casualty loss which affects a material
portion of the Property or which affects any Lot on which there is a first mortgage held,
insured, or guaranteed by such eligible holder;
(b) any delinquency in the payment of assessments or charges owed by an
Owner of a Lot subject to the mortgage of such eligible holder, insurer, or guarantor,
{TL074862;1 }
21
where such delinquency has continued for a period of sixty (60) days; provided, however,
notwithstanding this provision, any holder of a first Mortgage, upon request, is entitled to
written notice from the Association of any default in the performance by an Owner of a
Lot of any obligation under the Declaration or Bylaws of the Association which is not
cured within sixty (60) days;
( c) any lapse, cancellation, or material modification of any insurance policy or
fidelity bond maintained by the Association; or
(d) any proposed action which would reqUIre the consent of a specified
percentage of eligible holders.
Section 2. No Priority. No provision of this Declaration or the bylaws gives or shall be
construed as giving any Owner or other party priority over any rights of the first mortgagee of
any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards
for losses to or a taking of the Common Area.
Section 3. Notice to Association. Upon request, each Owner shall be obligated to furnish
to the Association the name and address of the holder of any mortgage encumbering such
Owner's Lot.
Section 4. Applicability of Article XI. Nothing contained in this Article shall be
construed to reduce the percentage vote that must otherwise be obtained under the Declaration,
Bylaws, or Florida law for any of the acts set out in this Article.
Section 5. Failure of Mortgagee to Respond. Any Mortgagee who receives a written
request from the Board to respond to or consent to any action shall be deemed to have approved
such action if the Association does not receive a written response from the Mortgagee within
thirty (30) days of the date of the Association's request, provided the notice was delivered by
certified or registered midI, with a "return receipt" requested.
ARTICLE XII.
GENERAL PROVISIONS
Section 1. Duration. The covenants and restrictions of this Declaration shall run with and
bind the land, and shall inure to the benefit of and be enforceable by the Developer, the
Association or the Owner of any Lot subject to this Declaration, and their assigns, for a term of
thirty (30) years from the date this Declaration is recorded, after which time said covenants shall
be automatically extended for successive periods of ten (10) years each unless an instrument
signed by the then Owners of two-thirds of the Lots and an instrument signed by the then
Mortgagees of two-thirds of the mortgaged Lots have been recorded, agreeing to change or
terminate said covenants and restrictions in whole or in part.
Section 2. Notice. Any notice required to be sent to any Owner under the provisions of
this Declaration shall be deemed to have been properly sent when personally delivered or mailed
(postpaid), transmitted by way of telecopy, or sent by overnight courier, to the last known
{TL074862;1}
22
address of the person who appears as Member or Owner on the records of the Association at the
time of such mailing.
Section 3. Enforcement. Enforcement of these covenants and restrictions shall be by any
proceeding at law or in equity against any person or persons violating or attempting to violate
any covenant or restriction either to restrain violation or to recove.r damages, and against the land
to enforce any lien created by these covenants and failure by the Developer, the Association or
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. These covenants may also be enforced by the
Architectural Control Board. The District shall have the right to enforce, by a proceeding at law
or in equity, the provisions contained in this Declaration which relate to the maintenance,
operation and repair of the surface water or Stormwater Management System. Seminole County
shall also have the right to enforce, by a proceeding at law or in equity, the provisions contained
in this Declaration which relate to the maintenance, operation and repair of the surface water or
Stormwater Management System. The Association is hereby empowered to adopt reasonable
rules and regulations for the imposition of fines to be levied against any Owner for failure to
comply with the terms of this Declaration or rules and regulations of the Association. Any rule
or regulation subjecting any Owner to fines shall include provisions for notice, hearing, appeal
and fines. Fines shall constitute an assessment due to the Association and upon failure to pay
such fme within the period prescribed by the Association shall become a charge and continuing
lien upon the Owner's Lot.
Section 4. Severability. Invalidation of anyone of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full
force and effect.
Section 5. Amendment. For so long as the Developer has the right to appoint the entire
Board of Directors of the Association, the Developer may unilaterally amend this Declaration.
At such time as the Developer no longer has right to appoint the entire Board of Directors ofthe
Association this Declaration may be amended only by the affIrmative vote or written consent, or
any combination thereof, of Members representing two-thirds of the total votes of the
Association. Every amendment must have the written joinder and consent of the Developer for
so long as the Developer owns any portion of the Property. However, the percentage of votes
necessary to amend a specific clause shall not be less than the prescribed percentage of
. affirmative votes required for action to be taken under that clause. Any amendment must be
recorded in the Public Records of Seminole County, Florida. No amendment shall make any
changes which would in any way affect any of the rights, privileges, powers or options herein
provided in favor of, or reserved to, Developer, unless Developer joins in the execution of the
amendment. Any amendments to this Declaration which alter any provision relating to the
surface water or Stormwater Management System, beyond maintenance in its original condition,
including the water management portions of the Commons Areas, must have the prior approval
of the District and Seminole County. Any amendments to this Declaration which alter the age
restrictions with respect to persons under eighteen (18) years 0 f age must have the prior approval
of the Seminole County Board of County Commissioners' and the Developer for so long as the
Developer owns any Lot(s) within the Property.
{TL074862; I}
23
Section 6. Litigation. No judicial or administrative proceeding shall be commenced or
prosecuted by the Association unless approved by a vote of seventy-five (75%) percent of the
Owners. This Section shall not apply, however, to (a) actions brought by the Association to
enforce the provisions of this Declaration (including, without limitation, the foreclosure ofliens),
(b) the imposition and collection of assessments, (c) proceedings involving challenges to ad
valorem taxation, (d) actions brought by the Association to enforce contracts to which the
Association is a party, or (e) counterclaims brought by the Association in proceedings instituted
against it. This section shall not be amended unless such amendment is made by the Developer
or is approved by the percentage votes, and pursuant to the same procedures, necessary to
institute proceedings as provided above.
Section 7. Effective Date. This Declaration shall become effective upon its recordation
in the Seminole County Public Records.
EXECUTED the date first above written.
Signed, sealed and delivered
in the presence of:
LEVITT AND SONS OF SEMINOLE
COUNTY, LLC, a Florida limited liability
company
Name:
By:
Printed Name:
Its:
Name:
[Corporate Seal]
STATE OF FLORIDA )
) SS
COUNTY OF SEMINOLE )
The foregoing instrument was acknowledged before me, this _ day of
2005, by , as of Levitt and Sons of Seminole
County, LLC, a Florida limited liability company. He or she is personally known to me.
Notary Public
Print Name:
State of Florida
My Commission Expires:
{TL074862;1 }
24
JOINDER AND CONSENT OF MORTGAGEE
The undersigned is the holder of a mortgage as recorded in Official Records Book
, Page , in the Public Records of Seminole County, Florida, and hereby joins in
and consents to the recording of the Declaration of Restrictions and Protective Covenants of
Jesup's Landing Townhomes, dated , 2005, and hereby subordinates
the lien of its Mortgage to the terms and conditions thereof.
of
IN WITNESS WHEREOF, the undersigned sets its hand and seal on this
,2005.
day
Signed, sealed and delivered
in the presence of:
BANK OF AMERICA, N.A.
By:
Printed Name:
Its:
Name:
[Corporate Seal]
Name:
COUNTY OF
)
) SS
)
STATE OF
The foregoing instrument was acknowledged before me, this _ day of
2005, by , as of Bank of America, N.A. He or she
is _ personally known to. me or _ produced
as identification.
Notary Public
Print Name:
State of Florida
My Commission Expires:
{TL074862;\ }
25
EXInBIT "A"
{TL074862;1 }
26