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HomeMy WebLinkAbout1997 03 10 Regular Item B , ---:-- . ~ /' t::< ~ ,-\. COMMISSION AGENDA ITEM REGULAR X CONSENT INFORMATIONAL B March 10. 1997 Meeting MGR,?~PT ~ Authorization REQUEST: Land Development Coordinator requesting Commission action on the recommendation of the Planning and Zoning Board that the Stone Gable PUD Master Plan be approved, PURPOSE: The purpose of this Board Item is the forwarding to the City Commission, the Planning and Zoning Board's recommendation that the Master Plan for the Stone Gable PUD be approved. This property is located on the south side of S.R 434, to the immediate west of the DOT retention pond, west of Winding Hollow Boulevard, APPLICABLE CODE: Code Section 20-381. Procedure for approval of a pllanned unit development. The procedure for obtaining approval of a PUD zoning classification shall be as follows: (6) City commission public hearing: The city commission shall review the master plan, the staff recommendations, and the planning and zoning board recommendations, and then hold a public hearing to consider the request. The commission shall either approve, approve with modifications, or deny the request, stating their reasons for such action, , . , t:,^ , ,. March 10, 1997 Regular Agenda Item B Page 2 Section 20-382. Master Plan The master plan, consisting of properly identified exhibits and supporting materials, shall clearly indicate the following: (1) The name, location, legal description, acreage and type ofPUD, (2) Identification of present owners and developers of all land included in the development and the identification of the principal planners and engineers involved in the preparation of the master plan, Identification shall consist of the name of the individual, organization employing the individual and the address and phone number of the organization, (3) A vicinity map indicating the relationship between the PUD and its surrounding area, including adjacent streets, thoroughfares and development within a two-hundred foot radius of the property line at a scale of one (1) inch to one thousand (1,000) feet. (4) The existing land use and zoning of the adjacent property and all contiguous property and all contiguous property. (5) The existing topography and other natural features including but not limited to lakes, swamps, and flood-prone areas (USGS and FEMA information acceptable) , (6) A soils map derived from the USGS Soil Survey and Soil Survey Supplement of Seminole County indicating the location of existing soil types and a brief description of the development capabilities and water capacities of each soil type. (7) An aerial photo showing existing vegetation will be required at a scale of one (1) inch to two hundred (200) feet. No vegetation shall be altered or eliminated prior to approval of the final subdivision plan except as permitted by the appropriate section of chapter 9 of this Code. I . 1:0 March 10, 1997 Regular Agenda Item B Page 3 (8) A proposed land use plan of the subject property including but not limited to the following items: a, The location of all streets and highways proposed in the development, and the general location of all access points to abutting arterials and highways, b, Identification of all existing major road setbacks and proposed right-of-way widths, c, Each residential area according to the location, the number and types of permanent dwelling units, the acreage, and the proposed density by number of dwelling units per net residential acre, d, Each commercial or industrial area according to the location, type, acreage, and proposed square footage of impervious surface which shall not exceed sixty-five (65) percent of the total commercial or industrial acreage, e, All public and semipublic uses (schools, common open space, and recreational areas, etc,) according to location, type, acreage and square footage of impervious surface which shall not exceed fifty (50) percent of the total acreage. (9) The proposed maximum height of all buildings and structures. (10) The priority and phasing of the development, in map form and narrative form, and the manner in which each phase of the development can exist as an independent unit capable of creating an environment of sustained desirability and stability, Recreational facilities and other development facilities and amenities shall be specifically delineated in this phasing plan, ( 11) The proposed method of providing all necessary road improvements, water and sanitary sewer services, stormwater management systems, power and communication systems, and fire protection, (12) All exhibits must indicate the title, date of submittal, and dates of any subsequent revisions and be at a graphic scale of one (1) inch per two hundred (200) feet. i. '. March 10, 1997 Regular Agenda Item B Page 4 (13) In order to protect the public interest, the planning and zoning board and/or the city commission may request any additional information deemed necessary for the decision-making process, Failure to submit the requested information will result in denial of the application, (14) A preliminary draft of declarations of covenants, conditions, and restrictions must be submitted including, but not limited to, the following items: a, Articles of incorporation for the homeowners' association, b. Bylaws of the corporation, c, The relationship of the association of the subdivisions to the master PUD association, d, Dues, fees, maintenance of common areas, architectural guidelines, etc, CHRONOLOGY: September 23, 1996 - Commission approved the Leffier and Morrison Development Agreement for this property October 14, 1996 - Ordinances Numbered 626, 627 629 and 630 changing the Land Use from "Commercial" to "Mixed use" and the zoning from "Rural Urban" to "Planned Unit Development" January 2, 1997 - City receipt of Master Plan January 22, 1997 - Staff Review of Master Plan February 19, 1997 - Planning and Zoning Board review of Master Plan . . ~.-;. March 10, 1997 Regular Agenda Item B Page 5 CONCLUSION: The Staff, at their meeting of January 22, 1997, found that the Master Plan met all Code requirements, Further, the Planning and Zoning Board, at their meeting of February 19, 1997, recommended that the Master Plan be forwarded to the Commission for approval. The Planning and Zoning Board gave their consent for this project to be forwarded to the Commission for their approval prior to the Official Minutes being approved by the Board, RECOMMENDA TJON: It is recommended that the Commission approve the recommendation of the Planning and Zoning Board as it relates to the Stone Gable PUD Master Plan. ATTACHMENTS: Leffler and Morrison Development Agreement Articles of Incorporation Bylaws Declaration of Covenants, Conditions and Restrictions Master Plan Land Development Coordinator Memo dated February 20, 1997 addressing changes to be made to the Covenants COMMISSION ACTION: ,~ DEVELOPMENT AGREEMENT This Agreement, entered into between the City of Winter Springs, Florida (hereinafter sometimes referred to as the "City") and Leffler Company (hereinafter sometimes referred to as the "Owner"). WHEREAS Owner has property located on the south side of State Road 434 within the City Limits of the City of Winter Springs and which is described on Exhibit "A" attached hereto and by this reference incorporated herein, and WHEREAS, Owner has filed an application with the City which revises and supersedes the current Future Land Use Map and Comprehensive Land Use Plan designation from Commercial to Mixed Use for said property, and . WHEREAS, Owner shall file an application with the City which revises and supersedes the current Zoning designation from Rural Urban (R-U) to Planned Unit Development (PUD), and WHEREAS, the Owner is desirous of developing the propelty, or entering into an agreement with a third party (hereinafter sometimes referred to as the "Developer"), to develop the Property. WHEREAS, the First Reading of Ordinance and the Second Reading and Public Hearing for Ordinance 1996. was held on September 9, 1996 was held on September 23, NOW THEREFORE, it is hereby ORDERED AND RESOLVED by the City Commission of the City of Winter Springs, Florida, that the property referred to as the LEFFLER PROPERTY (hereinafter sometimes referred to as "Property"), be designated on the Future Land Use Map and in the Comprehensive Land Use Plan as Mixed Use subJect to the following terms and conditions: .-' I. LEGAL DESCRIPTION: See Exhibit "A" II. FINDING OF FACTS: The property consists of the following: Total Acreage: :t8.1 Acres Land Use: The property may be developed as a residential community with non-residential uses described herein. - ." III. CITY OF WINTER SPRINGS CONDITIONS OF APPROVAL: I. Comprehensive Land Use Plan Amendment / Effective Date The effective date of this Development Agreement shall bc~ the date on which the Comprehensive Land Use Amendment is approved consistent with uses described in Section III(2) of this Development Agreement. The Development Agreement shall be recorded with the County Clerk of Seminole County within ten (10) days after execution by the Mayor of the City of Winter Springs. 2. Development of the Property The Property shall be developed as a residential community as described in the City of Winter Springs Code of Ordinances, effective April 24, 1989, Division 3, Part B, Planned Unit Development with non-residential land uses as described in the City of Winter Springs Code of Ordinances, effective April 24, 1989, Division 7. C-I Neighborhood Commercial Districts, Section 20.232, Uses Permitted. Specifically, the westerly 95.07 feet of the northern 200.00 feet will be developed as non-residential consistent with the C-I permitted uses with the balance developed as residential as shown on Exhibit "B", attached hereto. In the event the Property is developed in combination with contiguous properties, the resulting community will be developed in a fashion which coordinates services, access and stormwater management systems to the greatest extent possible. 3. Wetlands J Any existing wetlands or other areas which fall wi~n the jurisdiction of the Florida Department of Environmental Protection (FDEP), St. Johns River Water Management District (SJRWMD), or the US Army Corps of Engineers (ACOE) shall be subject to the applicable rules and regulations of those respective agencies. 4. Fire and Police Public Safety Facilities Impact Fees Applicants for building permits within the Property shall comply with the City of Winter Springs Impact Fee Ordinances, as they may from time to time be amended, imposing impact fees for fire and police public safety facilities. i' 5. Transportation a) Applicants for building permits within the Property shall comply with the City of Winter Springs Road Impact Fee Ordinance, as it may from time to time be amended, imposing impact fees for transportation improvements. b) The City shall aggressively assist Owner with obtaining approval from Florida Department of Transportation (FDOT) for a full median opening at the northwest corner of the Property. The costs for permitting and construction are to be borne by the Developer. c) The cost of all street signs and traffic control signs and devices located within the Property, shall be borne by the Owner or Developer. d) The Owner or Developer of the Property shall install a six (6) foot split face concrete wall on the north side of the property, specifically a.long the State Road 434 right of way adjacent the residential portion of the Property and separating the commercial site from the residential portion of the property (on the north side of the property). 6. Building Restrictions a) Residential Areas: 1. Minimum lot size of residential sites within the Property shall be 50' X 110'. 2. Building setbacks shall be: --' Front: Side: Rear: Side Street: 20 Feet 5 Feet 20 Feet 15 Feet 3. Maximum residential impervious surface ratio per lot for principal and accessory buildings shall be 60%. 4. Maximum residential building height shall be 2 stories (maximum 35 feet). 5. Minimum residential floor area shall be 1,200 square feet. (If a 2 story residence is built, the first floor shall not be less than 900 square feet.) ~.. b) Non-residential Area 1. Non-residential areas shall be limited to those uses pelmitted in the C-I zoning designation. Setbacks, floor area ratios, and other development standards will be addressed at the time of Preliminary EngineeringlFinal Development Plan approval. 2. Parking spaces for non-residential area shall be 10' x 20' unless otherwise approved in the City's State Road 434 Corridor LDRs. Handicap spaces shall be provided per State guidelines. 3. Non-residential areas will be planned and phased to provide for safe pedestrian access from adjacent properties. 4. Impervious coverage shall not exceed 70% for principal and accessory buildings and parking on non-residential parcels. 5. Non-residential building height limitation shall be 35'. 7. Open Space a) Open space will be provided at a minimum of 20% of gross area with 5% reserved for utilities. b) All areas lying outside primary and accessory buildings will be counted toward open space requirements, including entranceways, stormwater management areas, yards, lot landscaped areas, and easements. 8. Landscaping Buffers j A 10' landscape easement shall be provided where residential abuts commercial. The 10' landscape easement will be located on the non-residential parcel. A 15' landscape buffer easement shall be provided adjacent State Road 434. 9. Development Plans a) For the duration of this Agreement except as otherwise provided for herein all development plans and standards will meet the regulations and policies of the City of Winter Springs in effect at the time of execution of this Development Agreement. b) Where there may be a conflict between this Development Agreement and City of Winter Springs development regulations, this Development Agreement shall prevail. ,;. c) The PUD Zoning application on the subject property shall conform to these standards. The City acknowledges the Developer's right to develop the property consistent with these standards. d) Developer acknowledges its obligation to develop/construct all improvements on said property in accordance with all applicable City codes modified pursuant to State of Florida Statute 163.3233 and Federal laws as they may from time to time be amended unless specifically modified herein. lO. Parks and Recreation No onsite park or recreation facilities will be required of the development. The City of Winter Springs park system adequately serves this area. 11. Water and Sewer a) The City of Winter Springs shall provide central sanitary sewer collection and treatment for the site. The Owner or Developer will pay customary costs necessary or required in connection with such service. b) The City of Winter Springs shall provide potable water service to the site. The Owner or Developer will pay customary costs necessary or required in connection with such service. 12. Homeowners Association A mandatory homeowners association will be formed to provide a responsible entity to maintain all common areas. j IV. PERIOD OF EFFECTIVENESS AND COMPLIANCE DATE: This Development Agreement shall take effect upon City Commission approval of the Comprehensive Land Use Plan Amendment and shall remain in effect for a period of five (5) years from the date of execution. This Development Agreement shall be binding upon all successors in interest to the parties of the Agreement. The effectiveness of this Development Agreement may be extended upon City Commission approval. ~-. V. LAND USE. ZONING AND DEVELOPMENT REGULA nON APPROVALS: The development of the project must comply with the conditions of the Development Agreement. In the event a development requirement, peJmit, condition, term or restriction is not addressed in this Agreement, the development will comply with the zoning ordinance, land development code and subdivision regulations in effect as of the adoption of this Agreement. VI. CONSISTENCY: The City finds this Development Agreement and its terms and conditions consistent with the City's Comprehensive Land Use Plan and its Land Development Regulations. VII. REMEDIES: A party who breaches this Agreement shall not be liable for monetary damages, but subject only to injunctive relief or other equitable relief. Any dispute which may arise under this Agreement shall be submitted for determination by Voluntary Binding Arbitration in accordance with provisions of Section 44.104, Florida Statutes, and Florida Rule of Civil Procedure l.830. However, the prevailing party in any such proceeding or legal action shall be entitled to recover costs, including reasonable attorney's fees, against the non-prevailing party, all as determined by the presiding judge. This Agreement is subject to the provisions of Florida Statute l63.3235, and 163.3241, providing for periodic review, and modification or revocation of a development agreement to comply with subsequently enacted state and federal law. This Development Agreement is also subject to Florida Statute 163.3233 regarding the local laws and policies governing a development agreement. ADOPTED by the City of Winter Springs this day of ,1996. IN WITNESS WHEREOF, the Developer and the City have executed this Development Agreement as of the day and year approved and accepted by the City. LEFFLER COMPANY BY: Sworn to and subscribed before me this day of , 1996, by who is personally known to me or who produced as identification. .::.' CITY OF WINTER SPRINGS BY: Sworn to and subscribed before me this day of , 1996, by who is personally known to me or who produced as identification. PP3005A -" '. EXHIBIT "A" -,' . LEGAL DESCRJPTION (LEFFLER PARCEL) DESCRIPTION: That portion of Lot "F", CE-LA.SE A..ND COi\1PA..'NY'S SUBDIVISION OF \V AG1\r:ER, according to the plat thereof as recorded in Plat Book 6, Page 64 of the Public Records of Seminole County, Florida, described as follows: BEGIN' at the Southwest corner of said Lot c'F' .and ruri N 07000'49" \V along the \Vest line of said Lot "F' for a distance of 822.14 feet to.a point on the, South Right-of- \Vay lLl1e of ~tate Road 434 as described in Official Records Book 2803, Page' 1023 of said Public Records; thence run N 83053' 17" E along said Right-of- \Vay line for a distance of 694.14 fee~ to a point on the \Yest lLl1e of Parcell 05- \Vater Retention keel, as described ill Official Records Book 2803, Page 1023 of s'aid Public Records; thence ITh."1 S Q7001 '30" E along said ILl1e for a distance of 822.14 feet to a point on the South lL."1e of said Lot ':Fl'; thence run S 83053'16" W along S2.id line for E dista.rlce of 694.3 0 feet to the POINT OF BEGIN1\rrNG. LESS: That portion of L9t "F", CHASE A.ND COlvlPA..1'.ry's SUBDIVISION OF \V AG:t-..TER, 2.ccording to th~ plat thereof as recorded in Plat Book 6, Page 64 of the Public Records of Seminole County, Flo"rida, described as follows: -' BEGIN at the Southwest corner of said Lot "F" 2l1d run N 07000'49" W along the \Vest line of said Lot "F" for a distance'of 822.14 feet to' a point on the South Right-of- \Vay line of State Road 434 as de.scribed in Official Records Book 2803, Page 1023 of said Public Records; the,nce run N 83053'17" E along said Right-of-\Vay line for a distance of264.93 feet; thence run S 07000'49" E for a distance of 822.14 feet to a point on the South line of said Lot "F"; thence run S 83053' 16" \V along said liI}.e for a distance of264.93 feet to tl1e POINT OF BEGrNNTNG. ' , , Containing 8.101 acres more or less and being subject to any rights-of-way, restrictions and easements of record. . EXHIBIT wBw " 5.~. -4~-4 Rla-tf...Of...WAY - .r::;:,!!W- Nt3~(~~'11"e -4:29.:21' --- 9~.OO' G-\ ~ U5e5 ~ 9'7.01' \ l,~ffl.~R '- 5Ur?JeCf .5\1e ::t8.\ aC. ~ z :Q . 8 .). ~ ~ Q:l ~ ~ :i . Q Q "" CD ~ ~ 'S. ~S\t7eN11~ (~O' y.. \\0' \ot.~) __f I 100 : ~.~~'16"W -4:29~1' " f'\..O~It:'^ powe~ 8. \..ltAH1" COMP^NY I I 0' e ^ 5 e MeN 1" .:. ....-,.:..'l:...~:. ..... i,. ..r , .:.': ::;,; ::.;;; ,':.,,; '. .~~:~:; :::.; ;;.;\:. ;'.: !..;:. ","~i'.:";': ~.,f.... J :." ;i~:;'~~'~ k~:i~:'.:.~~"';:i}~':;;h~~r:il1ffi[dl~}.~~11;!'it~j~i{fu;~l~~~.iI.}~~lf~l~tif!l,~~ft1ti~tf:~~i~:~ii;}:~ttHt~~::;:i,::~~r. ':~: ~.:; i~..:..:;,:Sl;li~ill~}~jilfJMil~ DEVELOPMENT AGREEMENT This Agreement, entered into between the City of Winter Springs, Florida (hereinafter sometimes referred to as the "City") and William H. Morrison, Trustee (hereinafter sometimes referred to as the "Owner"). WHEREAS Owner has property located on the south side of State Road 434 within the City Limits of the City of Winter Springs and which is described on Exhibit "A" attached hereto and by this reference incorporated herein, and WHEREAS, Owner has filed an application with the City which revises and supersedes the current Future Land Use Map and Comprehensive Land Use Plan designation from Commercial to Mixed Use for said property, and WHEREAS, Owner shall file an application with the City which revises and supersedes the current Zoning designation from Rural Urban (R-U) to Planned Unit Development (PUD), and WHEREAS, the Owner is desirous of developing the property, or entering into an agreement with a third party (hereinafter sometimes referred to as the "Developer"), to develop the Property. WHEREAS, the First Reading of Ordinance and the Second Reading and Public Hearing for Ordinance 1996. was held on September 9, 1996 was held on September 23, NOW THEREFORE, it is hereby ORDERED AND RESOLVED by the City Commission of the City of Winter Springs, Florida, that the property referred to as the MORRISON PROPERTY (hereinafter sometimes referred to as "Property"), ,be designated on the Future Land Use Map and in the Comprehensive Land Use Plan as Mixed Use subject to the following terms and conditions: 1. LEGAL DESCRIPTION: See Exhibit "A" II. FINDING OF FACTS: The property consists of the following: Total Acreage: +/-5.0 Acres Land Use: The property may be developed as a residential community with non-residential uses described herein. ~~ III. CITY OF WINTER SPRINGS CONDITIONS OF APPROVAL: 1. Comprehensive Land Use Plan Amendment / Effective Date The effective date of this Development Agreement shall be the date on which the Comprehensive Land Use Amendment is approved consistent with uses described in Section III(2) of this Development Agreement. The Development Agreement shall be recorded with the County Clerk of Seminole County within ten (10) days after execution by the Mayor of the City of Winter Springs. 2. Development of the Property The Property shall be developed as a residential community as described in the City of Winter Springs Code of Ordinances, effective April 24, 1989, Division 3, Part B, Planned Unit Development with non-residential land uses as described in the City of Winter Springs Code of Ordinances, effective April 24, 1989, Division 7. C-1 Neighborhood Commercial Districts, Section 20.232, Uses Permitted. Specifically, the northern 200.00 feet of the property's 264.93 foot width will be developed as follows: The western 60 feet as an access road serving both commercial and residential development and the eastern 204.93 feet as non-residential consistent with the C-1 permitted uses with the balance developed as residential as shown on Exhibit "B", attached hereto. In the event the Property is developed in combination with contiguous properties, the resulting community will be developed in a fashion which coordinates services, access and stormwater management systems to the greatest extent possible. j 3. WetIands Any existing wetlands or other areas which fall within the jurisdiction of the Florida Department of Environmental Protection (FDEP), S1. Johns River Water Management District (SJRWMD), or the US Army Corps of Engineers (ACOE) shall be subject to the applicable rules and regulations of those respective agencies. 4. Fire and Police Public Safety Facilities Impact Fees Applicants for building permits within the Property shall comply with the City of Winter Springs Impact Fee Ordinances, as they may from time to time be amended, imposing impact fees for fire and police public safety facilities. ;~ 5. Transportation a) Applicants for building permits within the Property shall comply with the City of Winter Springs Road Impact Fee Ordinance, as it may from time to time be amended, imposing impact fees for transportation improvements. b) The City shall aggressively assist Owner with obtaining approval from Florida Department of Transportation (FDOT) for a full median opening at the northwest comer of the Property. The costs for permitting and construction are to be borne by the Developer. c) The cost of all street signs and traffic control signs and devices located within the Property, shall be borne by the Owner or Developer. d) The Owner or Developer of the Property shall install a six (6) foot split face concrete wall on the north side of the property, specifically along the State Road 434 right of way adjacent the residential portion of the Property and separating the commercial site from the residential portion of the property (on the north side of the property). 6. Building Restrictions a) Residential Areas: 1. Minimum lot size of residential sites within the Property shall be 50' X 110'. 2. Building setbacks shall be: j Front: Side: Rear: Side Street: 20 Feet 5 Feet 20 Feet 15 Feet 3. Maximum residential impervious surface ratio per lot for principal and accessory buildings shall be 60%. 4. Maximum residential building height shall be 2 stories (maximum 35 feet). 5. Minimum residential floor area shall be 1,200 square feet. (If a 2 story residence is built, the first floor shall not be less than 900 square feet.) , . b) Non-residential Area 1. Non-residential areas shall be limited to those uses pelmitted in the C-I zoning designation. Setbacks, floor area ratios, and other development standards will be addressed at the time of Preliminary EngineeringlFinal Development Plan approval. 2. Parking spaces for non-residential area shall be 10' x 20' unless otherwise approved in the City's State Road 434 Corridor LDRs. Handicap spaces shall be provided per State guidelines. 3. Non-residential areas will be planned and phased to provide for safe pedestrian access from adjacent properties. 4. Impervious coverage shall not exceed 70% for principal and accessory buildings and parking on non-residential parcels. 5. Non-residential building height limitation shall be 35'. 7. Open Space a) Open space will be provided at a minimum of 20% of gross area with 5% reserved for utilities. b) All areas lying outside primary and accessory buildings will be counted toward open space requireinents, including entranceways, stormwater management areas, yards, lot landscaped areas, and easements. 8. Landscaping Buffers -' A 10' landscape easement shall be provided where residential abuts commercial. The 10' landscape easement will be located on the non-residential parcel. A 15' landscape buffer easement shall be provided adjacent State Road 434. 9. Development Plans a) For the duration of this Agreement except as otherwise provided herein all development plans and standards will meet the regulations and policies of the City of Winter Springs in effect at the time of execution of this Development Agreement. b) Where there may be a conflict between this Development Agreement and City of Winter Springs development regulations, this Development Agreement shall prevail. i , c) The PUD Zoning application on the subject property shall conform to these standards. The City acknowledges the Developer's right to develop the property consistent with these standards. d) Developer acknowledges its obligation to develop/construct all improvements on said property in accordance with all applicable City codes mod.ified pursuant to State of Florida Statute 163.3233 and Federal laws as they may from time to time be amended unless specifically modified herein. 10. Parks and Recreation No onsite park or recreation facilities will be required of the development. The City of Winter Springs park system adequately serves this area. 11. Water and Sewer a) The City of Winter Springs shall provide central sanitary sewer collection and treatment for the site. The Owner or Developer will pay customary costs necessary or required in connection with such service. b) The City of Winter Springs shall provide potable water service to the site. The Owner or Developer will pay customary costs necessary or required in connection with such service. 12. Homeowners Association A mandatory homeowners association will be formed to provide a responsible entity to maintain all common areas. _/ IV. PERIOD OF EFFECTIVENESS AND COMPLIANCE DATE: This Development Agreement shall take effect upon City Commission approval of the Comprehensive Land Use Plan Amendment and shall remain in effect for a period of five (5) years from the date of execution. This Development Agreement shall be binding upon all successors in interest to the parties of the Agreement. The effectiveness of this Development Agreement may be extended upon City Commission approval. , " V. LAND USE. ZONING AND DEVELOPMENT REGULA nON APPROVALS: The development of the project must comply with the conditions of the Development Agreement. In the event a development requirement, peImit, condition, term. or restriction is not addressed in this Agreement, the development will comply with the zoning ordinance, land development code and subdivision regulations in effect as of the adoption of this Agreement. VI. CONSISTENCY: The City finds this Development Agreement and its terms and conditions consistent with the City's Comprehensive Land Use Plan and its Land Development Regulations. VII. REMEDIES: A party who breaches this Agreement shall not be liable for monetary damages, but subject only to injunctive relief or other equitable relief. Any dispute which may arise under this Agreement shall be submitted for determination by Voluntary Binding Arbitration in accordance with provisions of Section 44.l04, Florida Statutes, and Florida Rule of Civil Procedure l.830. However, the prevailing party in any such proceeding or legal action shall be entitled to recover costs, including reasonable attorney's fees, against the non-prevailing party, all as determined by the presiding judge. This Agreement is subject to the provisions of Florida Statute l63.3235:. and 163.3241, providing for periodic review, and modification or revocation of a development agreement to comply with subsequently enacted state and federal law. This Development Agreement is also subject to Florida Statute 163.3233 regarding the local laws and p01icies governing a development agreement. -~ ADOPTED by the City of Winter Springs this day of ,1996. IN WITNESS WHEREOF, the Developer and the City have executed this Development Agreeme~t as of the day and year approved and accepted by the City. BY: WILLIAM H. MORRISON, Trustee <) Sworn to and subscribed before me this day of , 1996, by who is personally known to me or who produced as identification. CITY OF WINTER SPRINGS BY: Sworn to and subscribed before me this day of , 1996, by who is personally known to me or who produced as identification. PP3006A .; " ." .EXHIBIT "A" LEGAL DESCRIPTIO:\" (1vfORRlSON PARCEL) DESCRlPTIO~: That pOli.ion of Lot "F\ CH.A.SE A..'ND C00.1PA.l\ry'S ,SUBDIVISION OF "\V AGNER, c.ccording to the pl2.t thereof c.S recorded in Pl2.t Book 6, Page 64 of the Public Records of Seminole County, Florid2., described c.S fo110\V5: BEGIN' c.t t.~e South\vest comer 'of s2.rd Lot C:Fll c....rld n!rl N 07000'49" "\V c.long the West li.n.e of s2.Id Lot C:Fll for 2. dist2"1Ce of 822.14 feet to' ~ poLTJ.t on t.1-}e S,?uth Ri~1}t-of- Wc.y line of Stc.te R02.d 434 c.S described LTJ. Orficlc.l Records'; Book.:2803, Pc.ge 1023 of sc.ld Public Records; fl1ence rLL.1 Nt 8.... c -.... , 1 ""ll E 1 . d Ri' t: W I' ,. .. ... t: 26 A 03 ,. ... :>::>:> /., c..ong sa! I l~rJ.t-O.l.- 2.)' me lor c. Cl!S~~nCe 0.1. . ~."/ reel.; .........1.i}ens.~ run S 07cOO'49" E for,c. dist2.nce of 822.14 feet to c. poLTJ.t on the :;r;~ ou.th IL"1e of Sc.ld Lot C~ll; t.hence run S 83 c 53' 1611 \(y c.long sc.id line for c. dist2"1Ce of~64,93 feet to t.1-}~ POil\TT OF BEGI!\T},iJ:NG:. I;) Cont2.L...,iTJ.g 5.000 C.cres more or less E:."1d be!Ilg subject to ~!.Y ri~ht5-of-'\vc.Y, restrictions ~!.d ec.sements of record. . ,; , I EXHIBIT WBY S,t<. .tr~4 f?Ja-tr-or-WAY ~J-I_W _ - - j ~.~~'I1'''e 26"t,~' c<:J' \ :Z01,9"" \ \ ~ \ ~ \ ~ \ o \ 'Q \ \ c-\ uses ~..:... z 8 . ~ ~ \Q ~ Cl N ~ :i \ MORR\50N ~ 5Ut?JeC1 5\le ::t-:? ,0 ac I 8 ~ Re-S\t?eNf1~ ( :7 0' y.. \ \ 0' \ ,*,5) -------------------- 56?' ~~.16"W 26"t.~' -.--------- I 100 9 -. . ~~ ~ ~ ~ C!l N ~ :i f\..O~IO^ powe~ g, L.luH1" COMP^NY \ \ O' e ^ 5 e MeN 1" ... ..; ...-: ,.,..... '.. ..'~ .... ". ., '. . ". . ". .... '" ,-. ,,"; ,'..,;, .. ~'!' "I(~h"" ~".i:lj~h~:'Il'\'.i-i~I:;j:~: 11.',; ~L N. r;';~'lj "11,,,......1 HJl'. U:~~i~'rj.:.;ll~;., ;. ;' ARTICLES OF INCORPORATION QF STONE GABLE PROPERTY OWNERS ASSOCIATION. INC. In compliance with the requirements of Florida Statutes, Chapter 617, the undersigned, all of whom are residents of the State of Florida and all of whom are of full age, have this day voluntarily associated themselves together for the purpose of forming a corporation, not for profit, and do hereby certify: ARTICLE I The name of the corporation is STONE GABLE PROPERTY OWNERS ASSOCIATION, INC. (hereafter called the IIAssociationll). ARTICLE II The principal office of the Association is located at 861 Douglas Avenue, Altamonte Springs, Florida, 32714. ARTICLE III Dana A. Bennett, whose address is 861 Douglas Avenue, Altamonte Springs, Florida 32714, is hereby appointed the initial registered agent of this Association. ./ ARTICLE IV DEFINITIONS Unless otherwise provided herein to the contrary, all terms and words utilized herein shall be as defined in that certain Declaration of Covenants, Conditions and Restrictions for , Seminole County, Florida dated 199 and recorded or to be recorded in the Public Records of Seminole County, Florida (the IIDeclarationll). . . .,..',,, , : \... ". .-:i .~~ ~ ,I.....; }....:..' :: ,;{:,,,, ':,;.. '. ..u t\l-';:II :', ARTICLE V PURPOSE AND POWERS OF THE ASSOCIATIQN This Association does not contemplate pecuniary gain or profit to the Members thereof, and the specific purposes for which it is formed are to provide for maintenance, preservation and architectural control of the Lots, Dwelling Units, and Common Area within that certain tract of land more particularly described in the Declaration and to promote the health, safety and welfare of the residents within the Property and any additions thereto as may hereafter be brought within the jurisdiction of this Association and for this purpose to: (a) Exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in the Declaration as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length; ./ (b) Fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association; -2- '. - I" . ,- '.- . .~, " '1"" -,"..l: .H...;H"~ :.,_~...:lL';;<<'!"."t'.I':',", ::"..:1..'. ..j;",'~.II.I.':'::"~r./.'H,..u.l:,,,.."'~1 ,,.. ..~" .;.. ,,' ... ...... ,01. ./_.., n, " (c) Acquire (by gift, purchase or otherwise), own, hold improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; (d) Borrow money, and with the assent of two- thirds (2/3rds) of each class of Members mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (e) Dedicate, sell or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effec- tive unless an instrument has been signed by two-thirds (2/3rds) of each class of Members, agreeing to such dedication, sale or transfer; (f) Participate in mergers and consolidations with other nonprofit corporations organized for the same purposes or annex additional residential property and Common Area, provided that any such merger, consolidat~on or annexation shall -~ have the assent of two-thirds (2/3rds) of each class of Members; (g) Operate, maintain and manage the surface water or stormwater management system in a manner consistent with the applicable St. Johns River Water Management District permit -3- , . ,. .., . , ...... ~...... ,.. ....,." ."..~... ,jUl.lll'.IoH requirements and applicable District rules, and assist in the enforcement of the restrictions and covenants contained therein. (h) Fix, levy, collect and enforce against members payment of assessments adequate for the costs of maintenance and operation of the surface water or stormwater management system, including but not limited to, work within retention areas, drainage structures and drainage easements. (i) Have ~nd exercise any and all powers, rights and privileges which a corporation organized under the nonprofit corporation law of the State of Florida by law may now or hereafter have or exercise. ARTICLE VI MEMBERSHIP Every Owner of a Lot which is subject to assessment by the Association, including contract sellers, shall be a Member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be .J' appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. -4- I, ...... I. ....1.. .:;..: >.. ....~~. .~.,.. .,... ..... ",. ....l" ....... . ....~.... ........ '. ARTICLE VII MEETING OF MEMBERS: OUORUM REOUIREMENTS The presence at any meeting of Members entitled to cast or of proxies entitled to cast, one-third (1/3) of the votes shall constitute a quorum for any action except as otherwise provided in these Articles of Incorporation, the Declaration or the Bylaws. . ARTICLE VIII VOTING RIGHTS The Association shall have two (2) classes of voting membership: Class A. Class A Members shall be all Owners, with the exception of the Declarant and Builder, and shall be entitled to one (1) 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 (1) vote be cast with respect to any Lot. Class B. The Class B Member(s) shall be the Declarant and Builder, and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: -5- ." .~ ,-.:.' d.> ..:. ..:.' ,,'1 .. >. ..H . .,:; .... .. d,""';'" ',~.: " (a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (b) On January I, 2006. From and after the happening of these events, whichever occurs earlier, the Class B Members shall be deemed Class A Members entitled to one (1) vote for each Lot in which they hold the interest required for membership. ARTICLE IX BOARD OF DIRECTORS The affairs of this Association shall be managed by a Board of three (3) Directors, who need not be Members of the Association. The number of directors may be changed by amendment of the Bylaws of the Association. The names and addresses of the persons who are to act in the capacity of directors until the selection of their successors are: NAME AD..QRE.S..S. Dana A. Bennett 861 Douglas Avenue Altamonte Springs, FL 32714 ./ William S. Orosz, Jr. 861 Douglas Avenue Altamonte Springs, FL 32714 Jerry Steakley 861 Douglas Avenue Altamonte Springs, FL 32714 -6- '., " .......10.. .,..,...:.............11....".,.1\... :,......". H'~.~...."..:,.. :...~.. ...~.,... ..11.', " .\'......l.:..;.....:tr,., At the first annual meeting the Members shall elect one director for a term of one year, one director for a term of two years and one director for a term of three years; and at each annual meeting thereafter the Members shall elect one director for a term of three years. r ARTICLE X DISSOLUTION The Association may be dissolved with the assent given ln writing and signed by not less than two-thirds (2/3rds) of each class of Members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes. In the event of termination, dissolution or final liquidation of the Association, the responsibility for the operation and maintenance of the surface water or stormwater management system must be transferred to and accepted by an entity which would comply with Section 40C-42.027, F.A.C., or any successor provision, and be approved by the St. Johns River Water Management District prior to such termination, dissolution or liquidation. -7- .. . V'.'.' 'r..;,.i, .... ARTICLE XI DURATION The corporation shall exist perpetually. ARTICLE XII INCORPORATOR The names and addresses of the incorporator is as follows: Dana A. Bennett 861 Douglas Avenue Altamonte Springs, FL 32714 ARTICLE XIII AMENDMENTS Amendment of these Articles shall require the assent of seventy-five percent (75%) of each class of Members. Amendment of these Articles may be proposed by the Board of Directors and shall be voted on at a Special Meeting of the membership duly called for that purpose, or at an annual meeting of the membership; provided, however, the foregoing requirement as to a meeting of the membership shall not be construed to prevent the Members from waiving notice of a meeting; provided further, if ~ Members (and/or persons holding valid proxies) with not less than seventy-five percent (75%) of the votes of each class of members sign a written consent manifesting their intent that an Amendment to these Articles be adopted, then such Amendment shall thereby be adopted as though proposed by the Board of Directors and voted on at a meeting of the membership as hereinabove provided. -8- ARTICLE XIV BYLAWS The Bylaws of this Association shall be adopted by the Board of Directors and may be altered, amended, or rescinded by a majority vote of a quorum of each class of Members voting in person or by proxy, except that the Federal Housing Administration or the Veterans Administration shall have the right to veto amendments while there is a Class B membership. ARTICLE XV FHA/VA APPROVAL As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: annexation of additional properties, mergers and consolidations, mortgaging of Common Area, dedication of Common Area, dissolution and amendment of these Articles. ;. ARTICLE XVI INDEMNIFICATION Subject to and consistent with the requirements and procedures for such indemnification under the applicable provisions of the Florida Statues, the Association shall defend, indemnify and hold harmless any person who was or is a party or -9- 1S threatened to be made a party to any threatened, pending or contemplated action, suit or proceeding (other than an action by or in the right of the Association), whether civil, criminal, administrative or investigative, by reason of the fact that he is or was a director, employee, officer, committee member or agent of the Association, from and against any and all liabilities, expenses (including attorneys' and paralegals' fees and for all stages prior to and in connection with any such action, suit or proceeding, including all appellate proceedings), judgments, fines and amounts paid in settlement as long as actually and reasonably incurred by him in connection with such action, suit or proceeding, including any appeal thereof, if he acted in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interest of the Association and, with respect to any criminal action or proceeding, had no reasonable cause to believe this conduct was unlawful, except that no indemnification shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for gross negligence or misfeasance or malfeasance in the performance of his duty to the Association, unless and only to the extent that the court in which such action or suit was ,r brought shall determine upon application that despite the adjudication of liability, but in view of all of the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which such court shall deem proper. The termination of any action, suit or proceedings by judgment, order, settlement, conviction or upon a plea of llQ1Q -10- contendere or its equivalent shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interest of the Association, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful. IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Florida, the undersigned, constituting the incorporator of this Association, has executed these Articles of Incorporation this _ day of , 199 . Dana A. Bennett STATE OF FLORIDA SS. COUNTY OF this is The foregoing day of personally instrument was acknowledged before me 1996, by Dana A. Bennett, who me or has produced as known to identification. " (Notary Signature) (NOTARY SEAL) (Notary Name Printed) NOTARY PUBLIC Commission No. -11- . , , .' REGISTERED AGENT CERTIFICATE In pursuance of the Florida General Corporation Act, the following is submitted, in compliance with said statute: That Stone Gable Property Owners Association, Inc. desiring to organize under the laws of the State of Florida, with its registered office, as indicated in the Articles of Incorpora- tion at the City of Altamonte Springs, County of Seminole, State of Florida, has named Dana A. Bennett, located at 861 Douglas Avenue, Altamonte Springs., Florida 32714, as its registered agent to accept service of process and perform such other duties as are required in the State. ACKNOWLEDGMENT: Having. been named to accept service of process and serve as registered agent for the above-stated Corporation, at the place designated in this Certificate, the undersigned hereby accepts to act in this capacity, and agrees to comply with the provision of said statute relative in keeping open said office, and further states it is familiar with S607.325, Florida Statutes. Dana A. Bennett DATED: ARTICLE,INC 05/35/96 -13- .. ~t.............,. '... '" BYLAWS OF STONE GABLE PROPERTY OWNERS ASSOCIATION, INC. ARTICLE I NAME AND LOCATION The name of the corporation is STONE GABLE PROPERTY OWNERS ASSOCIATION, INC. (hereinafter referred to as the "Association"). The principal office of the corporation shall be located at 861 Douglas Avenue, Altamonte Sprinsrs, Florida 32714 but meetings of Members and directors may be held at such places within the State of Florida, County of Seminole, as may be designated by the Board of Directors. ARTICLE II DEFINITIONS Unless otherwise provided herein to the contrary, all terms and words utilized herein shall be as defined in that certain Declaration of Covenants, Conditions and Restrictions for Stone Gable, Seminole County, Florida dated 199 and recorded or to be recorded in the Public Records of Orange County, Florida (the "Declaration"): ARTICLE III MEETING OF MEMBERS Section 1. Annual Meetings. The first annual meeting of the Members shall be held within one year from the date of incorporation of the Association, and each subsequent regular annual meeting of the Members shall be held on the same day of the same month of each year thereafter, at the hour of 7:00 p.m. If the day for the annual meeting of the Members is a legal o\:~ holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. Section 2. Special Meetings. Special meetings of the Members may be called at any time by the president or by the Board of Directors, or upon written request of the Members who are entitled to vote one-fourth (1/4) of all of the votes of the Class A membership. Each director shall serve until his or her successor is elected. Section 3. Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least fifteen (15) days before such meeting to each Member entitled to vote, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. Section 4. Quorum. The presence at: the meeting of Members entitled to cast, or of proxies entitled to cast, one- third (1/3) of the votes shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these Bylaws. If, however, such quorum shall not be present or represented at any meeting, the Members entitled to vote in attendance shall have the power to adjourn the meeting from time to time, witho~t notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. -2- Section S. Proxies. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Lot. ARTICLE IV BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE Section 1. Numper. The affairs of this Association shall be managed by a Board of three (3) directors, who need not be Members of the Association. Section 2. Term of Office. At the first annual meeting, the Members shall elect one director for a term of one year, one director for a term of two years and one director for a term of three years i and at each annual meeting thereafter the Members shall elect one director for a term of three years. Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the Members of the Association. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining Members of the Board and shall serve for the unexpired term of his predecessor. Section 4. Compensation. No director shall receive .;. compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties. -3- ., Section 5. Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. ARTICLE V NOMINATION AND ELECTION OF DIRECTCms Section 1. Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two or more Members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the Members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among Members or non-members. Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election the Members or their proxies may cast,' in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected . Cumulative voting is not permitted. -4- ARTICLE VI MEETINGS OF DIRECTORS Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held monthly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days notice to each director. Section 3. Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a maj ori ty of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE VII POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. Powers. The Board of Directors shall have power to: (a) Adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof; -5- (b) Suspend the voting riqhts of a Member during any period in which such Member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed sixty (60) days for infraction of published rules and regulations; (c) Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation, or the Declaration; Board of Directors absent from three of Directors; and (d) Declare the office of a member of the to be vacant in the event such member shall be (3) consecutive regular meetings of the Board (e) Employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties. Section 2. Duties. of Directors to: It shall be the duty of the Board all its thereof at any writing entitled (a) Cause to be kept a complete record of acts and corporate affairs and to present a statement to the Members at the annual meeting of the Members, or special meeting when such statement is requested in by one-fourth (1/4) of the Class A Members who are to vote; (b) Supervise employees of this Association, and properly performed; all officers, agents to see that their duties and are -6- (c) As more fully provided in the Declaration to: (1) Fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period; (2) Send written notice assessment to every Owner subj ect thereto at least days in advance of each annual assessment period; and of thirty each (30) .(3) Foreclose the property for which assessments are not paid days after due date or to bring an action Owner personally obligated to pay the same. lien against wi.thin thirty at law against any (30) the (d) Issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate set ting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; (e) Procure and maintain adequate liability and hazard insurance on property owned by the Association; (f) Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; .f (g) Cause the Common Area to be maintained. -7- ARTICLE VIII OFFICERS AND THEIR DUTIES Section 1. Enumeration of Offices. The officers of this Association shall be a president and vice -president, who shall at all times be members of the Board of Directors, a secretary, and a treasurer, and such other officers as the Board may from time to time by resolution create. Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the Members. Section 3.~. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve. Each officer shall serve until his or her successor is elected. Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association require, each of whom shall hold office for such period, such authority, and perform such duties as the Board may, time to time, determine. may have from Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time giving writtem notice to the " Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. -8- i Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces. Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article. Section 8. Duties. The duties of the officers are as follows: President (a) The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes. Vice-President (b) The vice-president shall act in the place and stead of the president in the event of his absence, inabili ty or refusal to act I and shall exercise and discharge such other duties as may be required of him by the Board. .)- Secretary (c) The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; keep the corporate seal of the Association and -9- affix it on all papers requiring said seal; serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Members of the Association together wi th their addresses, and shall perform such other duties as required by the Board. Treasurer (d) The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the Members. ARTICLE IX COMMITTEES The Board of Directors shall appoint an Architectural Control Committee (except for such period as the same is appointed by the Builder), as provided in the Declaration, and the Association shall appoint a Nominating 'Committee, as provided in these Bylaws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose. -10- ARTICLE X BOOKS AND RECORDS The books, records and papers of the Association shall at all times, during reasonable business hours, be subj ect to inspection by any Member. The Declaration, the Articles of Incorporation and the Bylaws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost. ARTICLE XI ASSESSMENTS As more fully provided in the Declaration, each Member is obligated to pay to the Association Annual, Special, and Single Lot Assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eighteen percent (18%) per annum, and the Association may bring an action at law aqainst the Owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount ..- of such assessment. No Owner may waiver or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot. -11- ARTICLE XII CORPORATE SEAL The Association shall have a seal in circular form having within its circumference the words: Stone Gable Property Owners Association, Inc. ARTICLE XIII AMENDMENTS Section 1. These Bylaws may be amended, at a regular or special meeting of the Members, by a vote of a majority of a quorum of Members present in person or by proxy, except that the Federal Housing Administration or the Veterans Administration shall have the right to veto amendments while there is Class B Membership. Section 2. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control. ARTICLE XIV MISCELLANEOUS j The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation. -12- ~ IN WITNESS WHEREOF, we, being all of the directors of the Stone Gable Property Owners Association, Inc. have hereunto set our hands this day of , 199 . Dana A. Bennett William S. Orosz, Jr. Jerry Steakley -13- , . ~ CERTIFICATION I, the undersigned, do hereby certify: THAT, I am the Stone Gable Property corporation, and, duly elected and acting secretary of the Owners Association, Inc., a Florida THAT the foregoing Bylaws constitute the original Bylaws of said Association, as duly adopted at a meeting of the Board of Directors thereof, held on the day of 199 . ,Secretary BYLAWS.HOA 11/06/96, -14- 't: ,. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STONE GABLE SEMINOLE COUNTY. FLORIDA THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STONE GABLE, SEMINOLE COUNTY, FLORIDA (here- inafter referred to as the "Declaration"), is made and entered into this day .of 1996, by Cambridge Development, Ltd., a Florida limited partnership, whose principal mailing address is 861 Douglas Avenue, Altamonte Springs, Florida 32714 (hereinafter referred to as "Declarant"). N .1 T N E .s. .s. E T H: WHEREAS, Declarant is the sole record owner in fee simple of certain real property (hereinafter referred to as the "Property" ) located in Seminole County, Florida, which is more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter referred to as the "Property"); and WHEREAS, the Declarant desires to provide for the preservation of the values and amenities within the Property and ./ for the maintenance of the open spaces, buffer areas, entry features and other common facilities, and to this end desires to subject the Property to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of the Property and each subsequent Owner of all or part thereof; and -1- .:.:."......,.:,..\.... t WHEREAS, it is the intention of the Declarant to develop the Property and build residential housing units thereon and/ or convey to builders fully developed Lots, as hereinafter defined, which builders shall construct varying improvements on said Lots or, al ternati vely, to independently construct varying improvements on said Lots; and WHEREAS, the Declarant has deemed it desirable, for the efficient preservation of the values and amenities within the Property to create a homeowners I association to which shall be delegated and assigned the powers of maintaining and administering certain designated Common Areas (as hereinafter defined) and other facilities within the Property, which areas, where applicable, shall be specifically designated on the plat or plats of the Property; administering and enforcing this Declaration; and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Declarant shall incorporate under the laws of the State of Florida, a non-profit corporation to be known as the STONE GABLE PROPERTY OWNERS ASSOCIATION, INC. (hereinafter referred to as the "Association"), for the purpose of exercising the functions aforesaid. _/ NOW, THEREFORE, the Declarant declares that all Property shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. -2- '\' \.~ ARTICLE I DEFINITIONS Section 1. The following words and terms when used in this Declaration (unless contents hereof clearly indicate to the contrary) shall have the following meanings: Section 1.1 Reserved. Section 1.-2 "Architectural Review Committee" or "ARC" shall mean an architectural review committee appointed in accordance with Article VI hereof, whose duties shall be as set forth in Article VI hereof. Section 1.3. "Articles of Incorporation" shall mean the articles of incorporation of the Stone Gable Property Owners Association, Inc. During such time as there exists Class B Membership, the Articles of Incorporation may not be amended without the prior written approval of the FHA and VA. Section 1.4. to STONE GABLE PROPERTY corporation not for profit, "Association" shall mean and refer OWNERS ASSOCIATION, INC., a Florida its successors and assigns. Section 1.5. board of directors of Association, Inc. "Board of Directors" shall mean the the Stone Gable Property Owners " Section 1.6. "Builder" shall mE!an and refer to the purchasers of developed Lots from Declarant for the purpose of constructing Dwelling Units thereon for the sale to third parties in the normal course of business. Section 1.7. "Bylaws" shall mean the University Pines Property Owners Association, the Inc. bylaws of Section 1.8. Reserved. -3- ..'.... ....,..._.,:..'.l...~...... "1..t,',<f,.I}..7:,,,,,:~-""""_."',i,:..#-~,:.~i'I..!..i,'~i',', "'",;,,, ...; '.. .. . .... .. ... ,,: ...of' .,," ". ... . ,'...' ,;...,......." .r~ '. Section 1.9. II Conspicuous II shall mean when it i$ so written that a reasonable person ought to have noticed it. A printed heading in capitals (as: SHORT TERM RENTALS) is conspi- cuous. Language in the body of a contract is conspicuous if it is in larger or other contrasting type or color. Section 1.10. II County II shall mean Seminole County, a political subdivision of the State of Florida. Section 1. -II. II Declarant II shall mean Cambridge Development Ltd., a Florida limited partnership, and its express successors and assigns, designated as set forth in Article X, Section 7 hereof. All rights, powers and privileges granted to the Declarant by this Declaraiion or by the Articles of Incorporation and Bylaws of the Association shall be exercised by the Declarant in such manner as it may determine. Section 1.12. "Dwelling Unit II shall mean and refer to any building or portion thereof constructed on a Lot and intended for use and occupancy as a Rental Unit, Short Term Rental Unit or as a residence by a single family susceptible to ownership in fee simple as to which Dwelling Unit a certificate of occupancy has been issued by the applicable governmental authorities. ~ Section 1.13. "Common Area II shall mean all real property, including the improvements there6n, owned or which may subsequently be owned by the Association for the common use and enjoyment of the Members of the Association, whether acquired by purchase or conveyance from the Declarant, its successors or assigns, by dedication on a plat or plats of the Property, or otherwise. All Common Area shall be acquired by or conveyed to the Association free and clear of all liens by warranty or special warranty deed. The Common Area shall be identified by tract on the plat or plats of the Property, and shall be subject to the dedications set forth on each plat. The term "Common Area II shall also include: (i) the screening wall easement area, -4- c '- and (ii) any property or other areas for which the Association is required to maintain. All Common Area is to be maintained by the Association and devoted to and intended for the common use and enjoyment of the Members of the Association, their families, invitees, guests, and persons occupying Dwelling Units on a guest or tenant basis, to the extent designated on recorded plats or authorized by the Board of Directors of the Association. Section 1.14. "Common Facilities" shall mean such improvements placed and/Qr constructed on the Common Area which are owned by the Association for the use and benefit of the Members. Section 1.15. "Lot" shall mean and refer to any plot or parcel of land shown upon a recorded subdivision plat of all or a portion of the Property which Lot is intended to have a Dwelling Unit constructed thereon; provided, however, that there shall be excluded from the definition of Lot, the Common Area, Dedicated Areas, streets, and all lands owned by the Master Association (as hereinafter defined) or the Association. Section 1.16. "Member" shall mean and refer to any Owner who is a member of the Association. Section 1.17. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot, which is a part of the Property, ./ including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 1.18. "Property" shall mean and refer to the real property described in Exhibit "A" attached hereto and any Additional Land which Declarant may from time to time subject to the terms and conditions of this Declaration in accordance with the terms hereof. -5- \" I Section 1.19. "Surface Water or Stormwater Management System" means a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or re-use water to prevent or reduce flooding, over-drainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges from the system, as permitted pursuant to Chapters 40C-4, 40C-40, or 40C-42, F.A.C. ARTICLE II RESERVED ARTICLE III EASEMENTS RESERVED TO DECLARANT AND OTHERS: PROPERTY RIG~ .,.; Section 1. Easements for Construction and Sales. There is reserved to the Declarant, and granted to the Builders, and their respective designees, successors and assigns (including, without limitation, their agents, sales agents, and representatives, and prospective purchasers of Lots), non- exclusive easements over the Common Area, for construction, utility lines, display, maintenance and exhibit purposes in connection with the erection of improvements and sale of Lots and Dwelling Units within the Property and for ingn~ss and egress to and from construction sites at reasonable times; provided, however, that such use shall terminate upon the later of (i) the sale of all Lots by the Declarant or (ii) the sale of all Dwelling Units by the Builders and their express successors and assigns; and provided, further, that no such use by the Declarant and/or the Builders and others shall otherwise restrict the Owners in the reasonable use and enjoyment of the Common Area. -6- Section 2. Easements Over Common Area~. To the extent that easements over, upon or under the Common Area are necessary so as to provide utility services to the Property, the Association and each Owner, and his heirs, successors and assigns, do hereby designate and appoint the Declarant as agent and attorney-of-fact, which is coupled with an interest, with full power in his name, place and stead, to execute instruments creating such easements; provided, however, that such easements shall not unreasonably interfere with the use by the Owners of the Common Area. For this purpose, the Declarant shall have the right to grant easements in perpetuity over, under and across all Common Areas shown on any recorded subdivision plats of all or portions of the Property, together with the right to grant easements to others and such easements shall include, but shall not be limited to, the right to use the said Common Area to erect, maintain and use electric and telephone poles, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electrici ~y, telephone equipment, gas, sewer, cable television, water or other public convenience or utilities and drainage and the right to cut any trees, bushes or shrubbery, make any gradings of the soil, or take any similar action reasonably necessary to provide economical and safe public convenience or utilit~( installation or to provide for drainage and to maintain reasonable standards of health, safety and appearance and the right to locate wells, pumping stations and tanks. The rights granted to the Declarant pursuant to this section shall terminate 'upon the later of (i) / the sale of all Lots by the Declarant, or (ii) the sale of all Dwelling Units by the Builders and their express successors and assigns. Section 3. Easements Over Lots. For so long as Declarant is the owner of any Lot, the Declarant: hereby reserves Nc ~ unto itself the right to grant easements to itself or any other~ " , . ~~'\ entlty over each such Lot owned for purposes of lngress and . egress, to include driveways common to two (2) or more Lots, ~n.\V~~ drainage, utility, gas, telephone, cable TV and electrical -7- ". services. With respect to easements thus granted, the Declarant shall have and does hereby retain and reserve the right to release the Lot from the encumbrance of such easements; provided, however, that Declarant shall not have the power to release any portion of a utility easement on a Lot without the consent of the utilities served thereby. Section 4. Easements as Shown on Plat. Easements for access, installation and maintenance of utilities, drainage facilities, screening walls, sidewalks and landscape buffer areas are reserved to the Association as shown on the recorded plat or plats of the Property. Within such easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of drainage channels in such easements, or which may obstruct or retard the flow of water through the drainage channels or which may be inconsistent with such plans for sidewalks, landscape buffer areas and screening walls as may now or hereafter be approved by the City. The platted easement areas of each Lot, any drainage swales on a Lot and all improvements therein shall be maintained continuously by the Owner of such Lot, except for: (a) those improvements for which a public authority or utility company is responsible; and (b) those improvements for which the Association have expressly assumed responsibility. ~";. Section 5. Screening- Wall Easement. There is hereby reserved and granted to the Declarant, the Builders and the Association and their respective agents, employees, successors and assigns the right and privilege to construct, improve, repair, replace and maintain a screening wall over, upon and across that portion of the Property indicated on the plat thereof as the "Wall Easement" (hereinafter, "the Screening Wall Easement Area") . -8- t" ,,0 i-....., ,. . to(\! e~"1!. ." ~J'{b .,\.;'V .,~.~. L~ ~~~~ \v\ The Declarant, the Builders and the Association and their respective successors, agents, employees and assigns further reserve and are hereby granted an easement along the perimeter of the Lots contiguous to the Screening Wall Easement Area for the purpose of ingress and egress to and from the Screening Wall Easement Area, provided that such easement shall not restrict any Owner in the reasonable use and enjoyment of his Lot. Section 6. Owner I s Easement of Enj oyment for Common ~. Every Owner shall. have a nonexclusive right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subj ect to the following provisions: (a) Every Owner shall have a right to use any of the Common Facilities owned by the Association for the purposes for which such Common Facilities are reasonable intended; (b) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer is approved by a two-thirds (2/3) vote of each class of the Members. ~,,\M.Jr /,* ~ ,.~ 'V (}'"' ...,v\",-? v .j' \J,!>,.c' i}v ./ Section 7. Declaration of Use of Common Area. Any Owner may delegate, in accordance with the Bylaws, his right or enjoyment to the Common Area and facilities to the members of his family, his. tenants or contract purchasers who reside on the Property whether on a permanent or transient basis. Section 8. Establishment of Easements. All easements as provided for in this Article, shall be established by one or more of the following methods, to wit: -9- (a) By a specific designation of an easement on the recorded plat of all or a portion of the Property; (b) By a reservation or specific statement providing for an easement in the deed of conveyance of given Lot or Dwelling Unit, or other portion of the Property; (c) By a separate instrument referencing this Article III; or (i) By virtue of the reservation of rights set forth in this Article. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS Section 1. Membership. Every Owner of a Lot which is subject to assessment shall be a Member of the Association, and agrees to be bound by the terms and conditions stated herein regarding said Association, including the payment of annual Assessments of the Association; provided that any such person or entity who hold such interest merely as security for the perfor- mance of an obligation shall not be a Member. 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 (2) classes of voting Membership: Class A. Class A Members shall be all Owners, with the exception of the Declarant and the Builders, and shall be entitled to one (1) 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 (1) vote be cast with respect to any Lot. -10- Class a. The Class B Members shall be the Declarant and the Builders and they shall be entitled to three (3) votes for each Lot owned by them. The Class B Membership shall cease and be converted to Class A Membership on the happening of either of the following events, whichever occurs earlier: Class A Membership Class B Membership; (a) When the total votes outstanding in equals the total votes outstanding in or the the (b) On January I, 2006. From and earlier, entitled interest hereof. after the happening of these events, whichever occurs the Class B Members shall be deemed Class A Members to one (1) vote for each Lot in which they hold the required for Membership under Article IV, Section 1 ARTICLE V COVENANTS FOR MAINTENANCE ASSESSME~ ->' Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) Annual assessments or charges, and (2) Spec1al assessments for capital improvements (as defined in Section 4 below), such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorneys' fees incurred in enforcing or collecting any assessment, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made; provided, however, no such assessment shall be a lien on the land until such lien is recorded in the Public Records of Orange County, Florida. Each such assessment, together with interest, costs and :f\e -e,l c-~" O-U.-C'-" ~ , e .,L~ -11- reasonable attorneys' fees, shall also be the joint and several personal obligation of the person(s) who was the Owner of such property at the time when assessment fell due. Their personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of levied by the Association shall following purposes: Assessments. The assessments be used exclusively for the (a) To promote the recreation, safety and welfare of the residents in the Property. health, (b) For the improvement, maintenance and operation of the Common Area, including, but not limited to, entry features, open spaces, buffer areas, wall:3 and landscaping (including irrigation thereof); (c) For expenses of the Association; the payment of the operating (d) For the payment of taxes, insurance, labor and equipment; (e) For the maintenance, repair or restoration of a Lot and the exterior of the buildings and any other improvements erected thereon, but' only to the extent provided for in Section 6(b) of Article V hereof; ./ (f) To prepare and provide, at no cost, to Owners and prospective purchasers of Lots information identifying all areas within the Property which permit Short Term Rentals; (g) For the repayment of funds and interest thereon that have been or may be borrowed by the Association for any of the purposes set forth herein; -12- . 1 ,".' 60~. "_' ........ _ . ~'. .....-'~!.M.....~ L.'.t"...lt.t,l. (h) To establish and fund reserve accounts which the Association may choose to establish with respect to the maintenance, operation and improvement of the Common Areas, Common Facilities and all improvements and equipment located on the Common PropertYi (i) Doing desirable in the judgment of community neat and attractive or of the Property, or to eliminate any other things necessary or the Association to keep the to preserve or enhance the value fire, health or safety hazards. Section 3. Maximum Annual Assess~. Until January 1st of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment by the Association shall be $ .00 per Lot, payable in equal semi- annual installments, plus a one-time initial fee of $100.00 due at the time the house transferred to the name of the permanent owner. (a) From and after January 1st of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased by five percent (5%) above the maximum assessment for the previous year without a vote of the membership. -' (b) From and after January 1st of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above five percent (5%) of the maximum assessment for the previous year by a vote of two-thirds (2/3) of each class of Members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board option, levy the annual assessment in excess of the maximum annual annual assessment in the amount of of Directors may, at at an amount less than but assessment, or may levy the maximum. its not the -13- . ~ . .. .....:.'. ~ ...:..., r;,;..l"-:""~~' .~<~ ,\.1. .._ a.'j t,.... ,-:,' '/..... .... <.. -: ':r"." .... Section 4. Special Assessments for Capital Improvements and Other Purposes. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, special assessments ("Special Assessments") applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area (e.g. the Common Facilities), including fixtures and personal property related thereto or for any of the purposes stated in Article V, See-tion 2, hereof, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for such purpose. Section 5. Notice and Ouorum for and Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action under Sections 3(b) or 4 above shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast a majority of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the requi:n:d quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the proceeding meeting. .-/ Section 6. Uniform Rate of Assessment. (a) Annual and Special Assessments. Both annual and special assessments must be fixed at a uniform rate for all Lots, except that as long as there is Class "BII membership, the Declarant and Builders will have the following options with respect to the annual assessments: -14- " , (i) Option (i) The Declarant and Builders may pay the annual assessment at the rate of twenty-five percent (25%) of the rate fixed for Class "A" membership on all unoccupied Lots owned by the Declarant and/or Builders and in addition, pay the difference, if any, between the total annual operating expenses of the Association and the amount of the annual assessments required to be paid pursuant to this Article; or (ii) Option (ii) The Declarant and Builders may pay the full rate of annual assessment at which time the obligation to pay the difference between expenses and annual assessments will cease. The Declarant and the Builders shall be bound to pay annual assessments in accordance with Option (i) above until such time as the Declarant gives written notice to the Association that Option (ii) above will be the method of fixing assessments against the Declarant and the Builders. So long as Option (i) above applies to the Declarant and the Builders, the additional payment, if any, due to the Association shall be paid by them on a pro rata basis based on the total number of Lots owned by them as of the date of any invoice from the Association requiring such additional payment. ,f (b) Single Lot Special Assessments. In addition to the annual and special assessments authorized herein, the Association may levy in the manner hereinafter set forth a Single Lot Special Assessment applicable only to a specific Lot that has failed to meet its maintenance obligations set forth in Article VII hereof. In the event an Owner of any Lot in the Property shall fail to maintain his Lot and the exterior improve- ments situated thereon in accordance with the maintenance obligations set forth in Article VII hereof, then the Association, after approval by two-third (2/3) vote of the Board of Directors and thirty (30) days' written notice to the Owner, shall have the right, through its agents and employees, to enter -15- upon said Lot and to repair, clear, trim, maintain and restore the Lot and the exterior of the buildings and any other exterior improvements erected thereon. The cost of such Lot clearing and exterior maintenance shall be added to and become part of the assessment to which such Lot is subject, which shall be due and payable thirty (30) days from the date said assessment is made. Such Single Lot Special Assessment shall be treated as a Special Assessment applicable only to such Lot and the Association shall have the rights and powers of collection. as provided in this Article. The provisions .of sections 4 and 6 (a) of this Article shall not be applicable to any Single Lot Special Assessments. ..' Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance or dedication of the Common Area to the Association; provided, however, that Declarant may elect to defer the commencement of the annual assessments in which case the Declarant and the Builders shall be obligated to pay all expenses incurred by the Association during the period of deferment. Association expenses during any such deferment period shall be paid monthly by the Declarant and the Builders on a pro rata basis based on the total number of Lots owned by them during each such monthly deferment period. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at .least thirty (30) days in advance of each annual assessment period in an amount not in excess of the maximum annual assessment set forth in Section 3(a) above. Written notice of the annual assessment shall be sent to every Owner subj ect thereto. An invoice from the Association shall constitute satisfactory written notice. The due dates shall be established by the Board of Directors. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed Certificate of the Association as to the status -16- . I.. . .~......'.~....~ ..~... ..... ~_,-",,",~..J._...~..........~_,~~,.iJ';',.... .. '.. .. of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. If any assessments are not paid on the date when due, then said assessments shall become delinquent and shall, together with such interest thereon and cost of collection thereon as hereinafter provided, thereupon become a continuing lien on the Lot which shall bind such Lot in the hands of the then Owner, his heirs, devisees, personal representatives, and assigns. The personal obligations of the then Owner to pay such assessments, however, shall remain his personal obligation and shall not pass to his successors in title unless expressly assumed by them, or unless the Association causes a lien to be recorded in the public records giving notice to all persons that the Association is asserting a lien upon the Lot. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area, Common Facilities or abandonment of his Lot. -" If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of eighteen percent (18%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against -the Lot and there shall be added to the amount of such assessment the interest "above stated, the cost of the action, including reasonable attorneys I fees whether or not judicial proceedings are involved, and including reasonable attorneys' fees and cost incurred on any appeal of a lower court decision. Section 9. Subordination of the LiE~n to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first Mortgage. However, the sale or transfer of any Lot pursuant to Mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such -17- .. . ."."., ....j;..;.~l.....:~ assessments as to payments which became due prior transfer. No sale or transfer shall relieve liability for any assessments thereafter becoming lien thereof. to such sale or such Lot from due or from the Section 10. Exempt Property. The following property subj ect to this Declaration shall be exempt from assessments, charges and liens created herein; (i) all property to the extent of any easement or other interest therein dedicated and accepted by local public authority and devoted to public use; (ii) all Common Areas, conservation areas and dedicated areas; and (iii) all property exempt from taxation by the laws of the State of Florida, upon the terms and to the extent of such legal exemptions. Notwithstanding any provision herein, no land or improvements devoted to dwelling use shall be exempt from said assessments, charges or liens. ARTICLE VI ARCHITECTURAL CONTROL Section 1. Review by Architectural Review Committee. No building or modification or addition thereto, fence, wall, pool, landscaping or other structure shall be commenced, constructed, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made to the Lot or Dwelling Unit unless it is in compliance with the PUD Commitments and other applicable regulations and unless and until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been 'submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Architectural Review Committee. -18- Section 2. Procedure for Review. Any Owner needing the approval of the ARC shall deliver an application or request for action to the ARC by pre-paid postage mail with return receipt requested or by hand delivery with signed receipt, together with a floor plan, landscaping plan, site plan and abbreviated specifications, including exterior material and colors. As soon as reasonably possible, but not later than thirty (30) days after receipt, the ARC shall indicate its approval or disapproval of the matters required to be acted upon by them by a written instrument, and served personally or by pre- paid postage mail upon the Owner and all interested parties, identifying the proposed building or structure and either stating approval or giving and making recommendations for changes to gain approval. In the event the ARC takes no action on the application or request within the thirty day period, then the application or request shall be deemed to be approved. Section 3. Composition Committee. of Archit.ectural Review (a) The ARC shall have three (3) members who shall initially be appointed by the Declarant. The members appointed to the ARC do not need to be Owners. So long as the Declarant and/or the Builders maintain a controlling vote of the Membership of the Association under the terms of Article IV hereof, the Builder shall be entitled to appoint all members of the ARC and any successor members; provided, however, the Builder shall at any time have the right to waive its right to appoint the members of the ARC. The members of the ARC shall be appointed for staggered three (3) year terms; provided, however, the initial members of the ARC appointed by the Builder shall serve so long as Builder has the right to appoint all members of the ARC. In the event of death, resignation, inability to serve, or other vacancy in office of any member of the ARC, the Builder shall promptly appoint a successor member of the ARC who shall serve at the pleasure of the Builder. -19- .,'... "'....,."..-: (b) After the end of the t.erm during which the Builder may appoint all the members of the j~C, the Board of Directors of the Association shall have the right to appoint the members of the ARC. In the event the Board of Directors fails to appoint members to the ARC, the Board of Directors itself shall comprise the ARC. Members of the ARC shall serve at the pleasure of the Board of Directors. Section 4. Powers. The Architectural Review Committee shall have the following duties and powers: (a) To review and approve or disapprove all buildings, fences, walls, pools or other struct.ures which shall be commenced, erected or maintained upon the Property, to approve any exterior additions to or changes or alterations therein. For any of the above, the Committee shall be furnished plans and specifications showing the nature, kind, shape, height, materials and location in relation to surrounding structures and topographYi ,r (b) To review and approve or disapprove any such building plans and specifications, Lot grading plans, landscaping plans, and other materials submitted pursuant to Article VI, Section 2 above. The Committee may disapprove the proposed improvement if, in its sole discretion, the Committee determines that the proposed improvement is inconsistent with the development plan formulated by the Declarant or Builder for the Property or lands contiguous thereto. Such decision of the Committee may be made upon purely aesthetic reasonSi (c) To require to be submitted to it for approval any samples of building materials proposed or any other data or information necessary to reach its decision. -20- . "". '" ,.' . ..__..... ~ .,....' ~ . . 11,1'. ". ,. IJ. .;1.l Section 5. Exemption for Declarant and Builder. Notwithstanding anything contained herein, for as long as Declarant or Builder own fee title to any Lot, this Article VI shall not apply to or bind either Declarant or Builder. ARTICLE VII GENERAL RESTRICTIONS Section 1. General Restrictive Covenar~. The general restrictive covenants contained in this Article shall apply uniformly to all Lots and Dwelling Units on the Property. All references in this Article VII to the Owner shall be deemed to include the invitees, guests, lessees, tenants and renter's of the Owner (including Short Term Renters) unless the context clearly indicates otherwise. " Section 2. Residential Use Only. No Lot shall be used for any purpose except residential. The term II residential II is intended to prohibit any commercial use, including professional office use of any portion of any Lot or Dwelling Unit, but shall not prohibit use as a Rental Unit or Short Term Rental Unit. No building shall be erected, altered, placed or permitted to remain on any Lot other than Dwelling Units designed for residential use and private attached garages. The foregoing shall not prohibit the Declarant and/or the Builders from using Dwelling Units as models or offices, provided such use as models or offices is in furtherance of the construction and sale or lease of Lots and Dwelling Units on the Property. Section 3. Dwelling Unit Size. No building shall be erected, altered, placed or permitted to remain on any Lot other than one (1) single family Dwelling Unit not to exceed thirty- five (35) feet in height, a private attached two car garage. Dwelling Units shall have a minimum square footage of 1,200 square feet of enclosed living area, exclusive of garages and patios. -21- Section 4. Dwelling Unit Setbacks. ]~ll buildings and other structures shall comply with all front, rear and side yard setback requirements established by the PUD Commitments. Section 5. No Temporary Structures. No structure of a temporary nature or character, including, but not limited to, a trailer, house trailer, mobile home, camper, tent, shack, shed, boat, barn or other similar structure or vehicle~ shall be used or permitted to remain on any Lots as a storage facility or residence, or other living quarters whether temporary or permanent, unless approved by the ARC; provided, however, that this prohibition shall not apply to shelters used by Declarant and/ or the Builders during the development of the Property and the construction of any Dwelling Unit. Section 6. Parking and Storage Restrictions. Each Owner has the right to exclusive use of the parking spaces which are located within that Owner's property lines. No vehicles may be parked on any grassed area of the Lots. No vehicles which extend beyond the length of the Owner's parking spaces may be parked in such spaces. Permission must be obtained in writing from the ARC for the parking of any commercia:L or recreational vehicles, trailers, boats, trucks, boat trailers, campers or other similar vehicles on any Lot or in any driveway, except in a closed garage attached to a Dwelling Unit. Parking in the Common Areas or common parking spaces, if any, shall be regulated by the rules of the Associationor the Orange County ordinance. There shall be no parking on the streets or the street right of way area, if any, overnight or for a continuous period of ime excess of ten (10 ) consecutive hours, unless th Ora e. ounty ordinances dictate otherwise. The provisions 0 on shall not apply to the parking or storage of any vehicles used by any contractor, subcontractor, supplier, laborers, D clarant and/or Builders during the construction of any Dwelling :i.~t or ~. n development of the Subdivision. \ v~ Cl J0 W'l tftt A- 02 .s ') yl1 t ~ ) -22- Section 7. Livestock and Animal Restrictions. No livestock, poultry, reptiles or animals of any kind or size shall be raised, bred or kept on any Lot or in any Dwelling Unit i provided, however, that dogs, cats and other common domesticated household pets may be raised and kept, provided such pets are not kept, bred or maintained for any commercial purposes. Such permitted pets shall be kept on the Owner's Lot and shall not be allowed off the premises of Owner's Lot except on a leash. No permitted pet shall be allowed to make noise in a manner or such volume as to annoy or disturb other Owners. Any Owner who keeps a pet thereby agrees to indemnify the Association and hold it harmless against any loss or liabilities of any kind or character whatsoever arising from or growing out of the keeping of such pet. The keeping of pets by an Owner shall be subj ect to all governmental animal ordinances and any ruleE: or regulations promulgated by the Association or the Board of Directors in regard thereto. Section 8. Restrictions on Activity. No noxious or offensive activity shall be conducted or permitted to exist upon any Lot, or in any Dwelling Unit, nor shall anything be done or permitted to exist on any Lot or in any Dwelling' Unit that may be , or may become an annoyance or private or public nuisance. No Lot I driveway or Common Area shall be used for the purpose of vehicle repair or maintenance. No unregistered, non-licensed, expired lease or inoperable vehicles of any kind shall be permitted to remain on any Lot (unless parked inside the garage of a Dwelling Unit) or Common Area. r Section 9. Restrictions on Fixed Game and Play Struc- tures. If permitted by the ARC, all basketball backboards and other fixed game and play structures shall be located at the side or rear of the Dwelling Unit or on the inside portion of the corner lots within the setback lines. No basketball or like goals will be allowed on driveways or on thr front of any house. Treehouses or platforms of a like kind or nature shall not be constructed on any part of any Lot. -23- - -..,,,; -~- Section 10. Restrictions on Walls. Fences and Hedges. No boundary wall, fence or hedge shall be constructed or grown with a height of more than six (6) feet above the ground level of adj oining property. No wall or fence of any height shall be placed or constructed on any Lot until after the height, type, design and location thereof shall have been approved in writing by the Architectural Review Committee. The heights or elevations of any wall or fence shall be measured from the existing property elevations. Any questions as to such heights shall be conclusively determined by the ARC. No boundary wall, fence or hedge or part thereof may be placed any closer to a street than a dwelling could be placed on the same Lot, except as may be required by FHA/VA or other governmental regulation. Notwi thstanding anything contained herein to the contrary, on Lots which abut or are adjacent to the screening wall constructed in the Screening Wall Easement Area, as described in Article III, Section 5 hereof, no other wall or fence structure shall be built parallel to said screening wall regardless of the distance between the screening wall and fence. Moreover, on said Lots the last eight (8) foot section of a wall or fence structure which is constructed by the Owner perpendicular to or in any way adjacent to or leading to the screening wall shall be tapered down in such a manner so that the top of said wall or fence is no higher than the top of the screening wall as measured at the point of contact between said wall or fence and the screen wall. No chain link fencing shall be permitted on any Lot at any time. Section 11. specifications for any constructed on any Lot the ARC. Swimming Pools and Screening. Plans and swimming pool, including screening, to be shall be subject to the prior approval of Section 12. Garbage and Litter. It shall be the responsibility of each Owner to prevent the development of any unclean, unsightly or unkept conditions any Lot or Dwelling Unit located on any Lot which tend to substantially decrease the beauty of the community as a whole or the specific area. The -24- . .... ..." .' ... ".. """"'" .' ..'_ ,~~ '.JI...., restriction shall apply before, during and after construction. No Lot shall be used or maintained as a dumping ground for rubbish, trash, or other waste. All trash, garbage and other waste shall be kept in sanitary containers and, unless required to be placed at the curb for scheduled pick-ups, all containers shall be kept at the rear of all Dwelling Units or out of sight from the street. No burying of trash or other waste materials shall be permitted, except by the Declarant and/or the Builders, who after securing all applicable permits, shall, during development, have the right to burn trash or other waste materials on the Property. All oil tanks and bottled gas containers shall be placed underground, or shall be situated so as to not be visible from the street or objectionable to adjacent residences. Section 13. Alteration of Lots. No Owner, without the express prior written consent of the ARC, shall construct any improvements or make any changes to a Lot which shall have the result of changing, altering or affecting the natural or artificial water courses, canals, ditches, swales, ponds or drainage of the Property. All construction, grading and landscaping shall conform to the drainage swale requirements set forth on the plan of the Property. Section 14. Storage of Materials. Except for the Declarant and/or the Builders, no Owner may store construction materials on a Lot for a period exceeding thirty (30) days without commencing construction, and if construction does not commence wi thin said thirty (30) day period the Declarant may remove such stored materials. Costs incurred in such removal by the Declarant will become a lien on said Lot, accruing interest at the highest rate permitted by law. Construction, once commenced, shall be diligently pursued to completion. No building, material or refuse shall be placed or stored on any Lot within twenty (30) feet of any park or edge of any open water or drainage course except that clean fill may be placed nearer -25- ,.. '. "."""... ,;.. .... .l.Il:. ~t....tj.i,,' provided that the water or drainage course is not altered or blocked by such fill. Section 15. Destruction By Fire or Other Casualty. No building or improvement which has been partially or totally destroyed by fire or other casualty shall be allowed to remain in such condition for more than six (6) months from the time of destruction. If reconstruction or repair of any such dwelling Unit is not commenced with said six (6) month period, the Owner thereof shall raze or remove the same promptly from the Owner's Lot. Section 16. Completion of Development and Dwelling Units. Nothing contained in this Declaration shall be interpreted or construed to prevent Declarant, its express successors or assigns, Builders, or the Declarant's or Builder1s contractors or subcontractors, from doing or performing on all or any part of the Property owned or controlled by them whatever they deem reasonably necessary in connection with completion of the development, including without limitation; (a) erecting, constructing and maintaining such structures as may be reasonably necessary for the conduct of the their business of completing the development and establishing the Property as a residential community and disposing of the same in Lots and Dwelling Units by sale, lease or otherwise; or (b) conducting thereon its or their business. Section 17. Waiver of Violations of Covenants and Restrictions. When a building or other structure has been erected, its construction commenced and the building is located on any Lot in a manner so as to constitute a violation or violations of this Declaration, the Declarant shall have the right, but not the obligation, at any time to release the Lot, or portions of it, from any part of the covenants and restrictions as may be violated, so long as the violation or violations do not conflict with City ordinances or regulations. -26- Section 18. Window Air Conditioners. conditioning units are prohibited. Window air Section 19. Installation of Fences by Declarant. The Declarant and/or the Builders may place, build, erect and/or install such walls or fences upon such easements as may exist or which may be established along the Lot lines, and adj acent to water retention and/or detention areas located on the Property, which the Declarant and/or the Builders deem necessary or desirable. No Owner, without the express written consent of the Declarant, shall paint, deface, change or renovate such walls or fences in any manner whatsoever, nor shall any attachment be made thereto. Section 20. Garages. Each home shall have an attached two (2) car garage. No garage shall be enclosed permanently or converted to another use without the substitution of another attached enclosed garage of the same kind of or matching material as and conform architecturally to the construction of the Dwelling Unit. All garages must have overhead garage doors, which shall be maintained in a useful and operating condition and shall be kept closed when not in use. Carports are not permitted. .f Section 21. Signs. No commercial signs or other signs shall be erected or maintained on any Lot or Dwelling Unit except with the written permission of the Association or except as may be required by legal proceedings, it being understood that the Association will not grant permission for said signs unless their erection is reasonably necessary to avert serious hardship to the property Owner. Such prohibition shall not apply to common commercial real estate signs advertising that a particular Lot or Dwelling Unit is for sale provided that such signs are not illuminated and do not exceed four (4) square feet. If permission is granted for any other signage, the Association shall have the right to restrict size, color and content of such signs. Property identification and like signs exceeding a -27- combined total of more than two (2) square feet may not be erected without the written permission of the Association. These restrictions shall not apply to restrict the Declarant, the Builders or the Declarant's or the Builder's agents from erecting such signs as the Declarant or the Builders deem in their sole discretion to be necessary to assist the Declarant or the Builders in selling, leasing or renting any Lot or Dwelling Unit, or other portion of the Property. Section 22. Allowable Trim. No Owner or tenant of an Dwelling Unit shall install shutters, awnings or other decorative exterior trim, except small exterior decorations such as address plates and name plates, without the prior approval of the ARC. Section 23. Window Coverings. No reflective foil, tinted glass, sheets, newspapers or any other similar material shall be permitted on any windows except for tinted bronze glass and any such installation shall require approval of the ARC. Section 24. Access at Reasonable Hours. For the sole purpose of performing any maintenance or repairs authorized agents, contractors or employees shall have a license which shall be exercisable after reasonable notice to the Owner to enter upon any Lot or exterior of any Dwelling Unit. -~ Section 25. Tree Removal Restrictions. Trees situated on any Lot between building set back lines.and the property lines having a diameter of six inches (6") or more {measured four feet (4') from ground level} may not be removed without prior approval of the ARC. All requests for approval of tree removal shall be submitted to the ARC along with a plan showing generally the location of such trees(s}. ~'t) ~r< \)\ "W' ~ Section 26. Replacement of Trees. Anyone violating the provisions of Section 25 will be required to replace such trees with trees of like kind, size and condition within thirty (30) days after demand by the ARC. If the Owner fails or refuses -28- to replace the trees as demanded, the ARC shall cause suitable replacement to be planted and the cost thereof shall be a lien against the property of the Owner. The Owner grants to the ARC, its agents and employees an easement of ingress and egress over and across said Lot to enable it to comply with Section 25 above and this Section 26. Section 27. Antenna Restrictions. No one shall be permitted to install or maintain on any Lot, Dwelling Unit or structure, any outside television or radio antenna, disc, mast aerial, or any size satellite dish or other tower for the purpose of audio or visual reception unless the same is approved by the ARC. This restriction shall not serve to prohibit Declarant, Builder or the Association from installing 'an antenna or satellite antenna disc, or contracting with a third party to install such antenna, for the purpose of providing master or cable television, radio or other electronic service to the Owners in the Subdivision. Section 28. Exterior Paint. All exterior paint colors shall be subject to prior approval of the ARC. .; Section 29. Additional Rules and Regulations. The Association or Board of Directors may, from time to time, adopt rules and regulations relating to anyone or all of the restrictive covenants contained in this Declaration. No Owner, its successors or assigns, tenants, lessees, renters, guests or invites shall violate the rules and regulations adopted from time to time by the Association or the Board of Directors, whether relating to the use of the Lots, the use of the Common Area, or otherwise. No rules or regulations shall violate or change the rights or obligations of Declarant or Builder as set forth herein. -29- ~ e"'L ~1 JJrf~ -\0, ~)Jrv t~~~ .l \ l ~~ 'J" ARTICLE VIII COVENANTS AGAINST PARTITION AND SEPARATE TRANSFER OF MEMBERSHIP RIGHTS Recognizing that the full use and enjoyment of any Lot is dependent upon the right to the use and enj oyment of the Common Area and the improvements made thereto, and that it is in the interest of all of the Owners that the right to the use and enjoyment of the Common Area is retained by the Owners of Lots, it is therefore declared .that the right to the use and enjoyment of any Owner in the Common Area is appurtenant to title to each of the Lots. In addition there shall exist no right to transfer the right to use and enjoyment of the Common Area in any manner other than as an appurtenance to and in the same transaction with, a transfer of title to a Lot. Any conveyance or transfer of a Lot shall include the right to use and enjoyment of the Common Area appurtenant to such Lot subject to reasonable rules and regulations promulgated by the Declarant, Builder or the Association for such use and enjoyment, whether or not such rights shall have been described or referred to in the deed by which said Lot is conveyed. ARTICLE IX LENDER'S RIGHTS Section 1. Information. Upon written request, the Association shall make available for inspection during normal business hours by each Owner, and each lender, holder, insurer or guarantor of any first mortgage on a Lot, a current copy of this Declaration, the Articles of Incorporation and By-Laws of the Association, and the records, books and financial statements of the Association. Section 2. Financial Statements. Upon written request, each holder of a first mortgage on a Lot shall be entitled to receive a financial statement of the Association for the immediately preceding fiscal year. -30- Section 3. Lender's Notices. Upon written request to the Association, identifying the name of the holder, insurer or guarantor and the Lot and address, any mortgage holder, insurer, or guarantor will be entitled to timely written notice of: (a) any condemnation or casualty loss that affects either a material portion of the Property or the Lots securing this mortgage; (b) any delinquency notice in the payment of assessments or charges owned by the Owner of any Lot on which it holds the mortgage; (c) a lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; and (d) any proposed action that requires the consent of a specified percentage of mortgage holders. ARTICLE X ~ GENERAL PROVISIONS ~~~~ ""U-X \ Section 1. Enforcement. The Association, the J1 Declarant, Builder or each Owner shall have the right to enforce,~ by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or .-' hereafter imposed by the provisions of this Declaration. Failure by the Association, the Declarant, Builder or by any Owner to enforce any covenant or restriction herein contained shall be in no event deemed a waiver of the right to do so thereafter. If the Declarant, Builder or Association shall seek to enforce the provisions of this Declaration, then the Declarant, Builder or the Association, as the case may be, shall be entitled to collect its fees and costs, including reasonable attorneys' fees, whether ~ncurred before trial, at trial or upon appeal. The St. Johns River Water Management District (the "District") shall have the \ G- 'l'l t~ ~~ -31- right to enforce any provisions of this Declaration relating to the operation or maintenance of the stormwater management system for the Property in a proceeding at law or in equity. Section 2. 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 3. Binding Effect: Amendment by Owners. (a) The covenants and restrictions of this Declaration shall run with and bind the land for a term of thirty (30) years from the date this Declaration is recorded, and after which time they shall be automatically extended for successive periods of ten (10) years. (b) Subj ect to the provisions of Section 9 of this Article, this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by not less than seventy-five percent (75%) of the Lot Owners. Notwithstanding the foregoing, any amendment to this Declaration which adversely affects any lender, holder, insurer or guarantor of any first mortgage on the Property as of the date of recording of this Declaration, shall not become effective unless joined in and consented to by such lender, holder, insurer or guarantor if such first mortgage affects the Property on the effective date of any such amendment. (c) All amendments thereto shall be recorded in the Public Records of Orange County, Florida and shall not be valid until recorded. would alter the the Property, (d) surface beyond Any amendment to this Declaration which water or stormwater management system for maintenance thereof in its original -32- l1iLt- .~ . [, \ ~(1 ~ete " , 1 ~, ~et\ ~L~ff\ 0/ ev\ . , condition, including the water management of the Common Property, must receive approval of the District prior to taking effect. Section 4. Amendment by Declarant ~ &l~\.~ *'L'\t c..\~ (a) Notwithstanding any provision contained herein to the contrary, and except as set forth in Section 9 of this Article X, the Declarant shall have the right to amend this Declaration if such amendment is required in order to cause this Declaration to comply with Federal Housing Administration ("FHA") Veterans Administration ("VA") , Federal National Mortgage ll.l Association ("FNMA"), or Federal Homes Loan Mortgage Corporation fC\(l~e~ ("FHLMC") requirements i provided, however, that any such (,. U r},l amendment shall be subject to the approval of the FHA or VA. ~ \ ^\ (b) As long as there exists a Class B &:~~~ membership in the Association, the Declarant shall have the ~~~ right, subject to the provisions of Section 9 of this Article, to ~ (Y\ amend this Declaration to correct any omission or error, or to effect any other amendment, except that this procedure for amend- ment cannot be used if such an amendment would, in the reasonable opinion of the Declarant, materially and adversely affect substantial property rights of Lot Owners unless the affected Lot Owners consent thereto in writing. (c) The amendment of this Declaration, pursuant to this Section 4 need be signed. and acknowledged only -' by the Declarant and shall contain a certification that the provisions of this Section have been complied with. Any such amendment need not be approved or signed by any Member, the Association, Lot Owner, or any lienors or mortgagees of Lots, or by any other person, whether or not elsewhere required for an amendment to the Declaration. would alter the the Property, (d) surface beyond Any amendment to this Declaration which water or stormwater management system for maintenance thereof in its original -33- condition, including the must receive approval of (e) in the Public Records of valid until recorded. water management of the Common Property, the District prior to taking effect. \ ~V~ C~~ ndm hereto shall be recorded Orange County Florida, and shall not be ,... eN'^' \!\P ~ Section 5. Encroachments. In the event that any Lot shall encroach upon any Common Area, conservation area or dedicated area or upon any other Lot for any reason other than the intentional or negligent act of the Owner, or in the event any Common Area, conservation area or dedicated area shall encroach upon any Lot, then an easement shall exist to the extent of that encroachment for as long as the encroachment shall exist. (: G<-\,l -1JA'\. ~ \^' of r02i., \j\ \ \, et0 ~ ~h . t '..'1\.~1. ()Oc,fd. Section 6. Notices. Any notice required to be sent to any Owner or the Association, under the provisions of this Declaration, shall be deemed to have been sent when hand delivered or mailed, postage prepaid, to the last known address of the person or person who appear as the Owner of the Lot in the records of the Association at the time of such mailing. Section 7. Assignment of Declarant's Rights and Obligations. Any and all rights, powers and reservations of the Declarant may be assigned, in whole or in part, to any person, corporation or association which will assume the duties of the Declarant pertaining to the particular rights, powers and J reservations assigned. Upon such assignee evidencing its consent in writing to accept such assignment and assuming such duties, the assignee shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by the Declarant herein. Further, the Declarant may from time to time delegate any and all to its rights, powers, discretion and duties hereunder to such agent or agents as it may nominate. The Declarant may designate as a Class B member of the Association an express successor or assign who acquires a Lot or Lots, provided that such designation -34- shall be only as to those Lots acquired by such express successor or assign. Section 8. Contracts. Prior to the termination or conversion of Class B membership, the Association shall not be bound either directly or indirectly to contracts or leases (including management contracts) unless the contract or lease contains a right of termination, without cause, which is exercisable without penalty at any time upon not more than ninety (90) days' notice to the other party. Section 9. FHA/VA Approval. Notwithstanding any provision contained herein to the contrary, as long as there is a Class B Membership, the following actions will require the prior approval of the Federal Housing Administration ("FHA") or the Veterans Administration ("VA"): Annexation of additional properties; mortgaging of Common Areas; dedication of Common Area; merger; amendment of this Declaration; and amendments of the Articles of Incorporation and By-Laws of the Association. Section 10. Annexation. Additional residential property or Common Area may be annexed to the Property with the consent of two-thirds (2/3) of each class of the Members. Section 11. Waiver of violations. Declarant, its express successor or assigns, reserves the right to waive any violations of the covenants contained in this Declaration, in the " event Declarant shall determine, in its sole discretion, that such violations are minor or dictated by the peculiarities of a particular Lot configuration or topography. Section 12. Liability of Lot Owners for Damages. Nothing in this Declaration shall be construed to impose absolute liability on the Owner of any Lot for damage or injury to the Common Areas or Lots and such Owners shall only be responsible for damage or injury caused by the negligent or intentional acts of the Owner. -35- Section 13. Paragraph Headings. Paragraph headings, where used herein, are inserted for convenience only and are not intended to be a part of this Declaration or in any way defined, limited or describe the scope and intent of the particular paragraph to which they refer. become Records Section 14. Effective Date. effective upon recordation of of Seminole County, Florida. This Declaration will the same in the Public Section 15. Construction Notice and Acceptance. Every person or entity that owns or acquires any right, title or interest in or to any portion of the Property, or any portion thereof, is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person or entity acquires such right, title or interest. Section 16. Right of Association to Merge. The Association retains the right to merge with any other homeowners association, provided such homeowners association is for an FHA or VA approved subdivision and provided FHA or VA approves such merger. This right shall be exercised by recordation of an Amendment to this Declaration recorded among the Public Records of Orange County, which Amendment shall set forth a legal description of the property to which "this Declaration, as amended, shall apply. The Amendment shall further have attached to it a resolution of the Association and the homeowners association with which a merger is to take place, and such resolution shall be certified by the Corporate Secretary thereof and shall state; (a) That a meeting of the association was held in accordance with its Bylaws; homeowners -36- (b) That a two-thirds (2/3) vote of each class of the Members approved the merger. The foregoing certificates when attached to the Amendment shall be deemed sufficient to establish that the appropriate procedure was followed in connection with the merger. Upon a merger or consolidation of the Association with another association, its properties, rights and obligations shall, by operation of law, be transferred to another surviving or consolidated association" or alternatively, the property, rights, and obligations of another association shall, by operation of law, be added to the Properties, rights, and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association shall administer the covenants and restrictions established by this Declaration within the Property together with the covenants and restrictions established upon any other properties as the overall plan or scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants and restrictions established by this Declaration within the Property. Section 17. Insurance. ,-' (a) The Association shall keep (i) any buildings in the Common Area insured against loss by fire and the risks covered by a Standard All Risk of Loss Perils insurance policy under an extended coverage casualty policy in the amount of the maximum insurance replacement value thereof, and (ii) all personal property owned by the Association insured with coverage in the maximum insurable fair market value of such personal property as determined annually by an insurance carrier selected by the Association. Insurance proceeds for the Common Facilities, any improvements in the Common Area and any personal property owned by the Association shall be payable to the Association. In the event of any loss, damage or destruction, the Association shall cause the same to be replaced, repaired or rebuilt if it occurred in the Common Area. In the event the cost -37- " . . of such replacement repair or rebuilding of any improvements on the Common Area (i) exceeds the insurance proceeds available therefore, or (ii) no insurance proceeds are available therefore, the deficiency of full costs thereof shall be assessed to the Owners as a special assessment. (b) The Association shall procure and keep in force public liability insurance in the name of the Association and the Owners against any liability for personal injury or property damage, resulting from anyone occurrence in or about the Common Area, in an amount not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) for damage to one (1) or more persons in one (1) accident or event and not less than ONE MILLION AND NO/I00 DOLLARS ($1,000,000.00) for damage to property in one (1) accident or event. The Association, at its discretion, shall obtain Director and Officer liability insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000). (c) Copies of all such insurance policies (or certificates thereof showing premiums thereon to have been paid) shall be retained by the Association and open for inspection by the Owners at any reasonable time. All such insur- ance policies shall (i) provide that they shall not be cancelable by the insurer without first giving at least ten (10) days prior notice in writing to the Association, and (ii) contain a waiver of subrogation by the insurer(s) against the Association, Board and Owners. ..,; (d) Notwithstanding any provision contained herein to the contrary, the Association shall maintain such insurance coverage as may be required by the Veterans Adminis- tration ("VA"), the Federal Housing Administration ("FHA"), or Federal National Mortgage Association ("FNMA") so long as VA, FHA, or FNMA holds a mortgage on or owns any Lot. -38- Section 18. Mortgaging of Common Areas. The Common Area shall not be mortgaged or conveyed by the Association without the consent of at least two-thirds of each class of Members; provided, however, that if there has ceased to be any Class B Members, then the consent of at least two-thirds of the Class A Members excluding the Declarant shall be required. Section 19. Surface Water or Stormwater Management System. The Association shall be responsible for the maintenance, operation and repair of the surface water or stormwater management system. Maintenance of the surface water or stormwater management system shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface water or stormwater / management capabilities as permitted by the St. Johns River Water' Management District. The Association shall be responsible for such maintenance and operation. Any repair or reconstruction of the surface water or stormwater management system shall be as permitted, or if modified as aF{pro;r~d, by the St. Johns River Water Management District. t9UJ~ -t-\J\f>- (~t ~ IN WITNESS WHEREOF, Declarant has caused these presents to be executed on the day and year first above written. Signed, sealed and delivered in the presence of: CAMBRIDGE DEVELOPMENT, LTD., a Florida limited partnership By: Cambridge Development, Inc., a Florida limited partnership By: Dana A. Bennett, President Printed Name (CORPORATE SEAL) Signature -39- STATE OF FLORIDA SS. COUNTY OF Seminole BEFORE ME, the undersigned, a Notary Public in and for the State of Florida, duly commissioned and sworn, personally appeared Dana A. Bennett, as President of Cambridge Development, Inc., a Florida corporation, general partner of Cambridge Development, Ltd., a Florida limited partnership, who is personally known to me or who produced as identification, and who acknowledged that he signed and sealed the same on behalf of said corporation as his voluntary act and deed for the uses and purposes therein contained and without taking an oath. WITNESS my hand and official seal State last aforesaid this day of in the County and , 1995. (Notary Signature) (NOTARY SEAL) (Notary Name Printed) NOTARY PUBLIC Commission j No. DECLARE,CV 07/19/95 -40- JOINDER AND CONSENT THE UNDERSIGNED HEREBY CERTIFIES, that it is the owner and holder of a deed, mortgage, I ien or other encumbrance upon the property described in the foregoing Declaration of Covenants, Conditions and Restrictions for Seminole County, Florida (the "Declaration") and that the undersigned hereby joins in and consents to The Declaration and agrees that its deed, mortgage, lien or other encumbrance, which is recorded in Official Records Book , Page ____, of the Public Records of Orange County, Florida, as modified, shall be subordinated to The Declaration. By: Title: Witness Witness Print name Print name STATE OF FLORIDA SS. COUNTY OF -' The foregoing this____day of instrument ,199, by was acknowledged before me as of He is personally known to me. (Notary Signature) Print name and Seal -41- EXHIBIT IIAII ,-' -42- ." , ....,~"..... .i ,oJ ...... -. -43- . , EXHIBIT IIBII {I -44- February 20, 1997 To: Don McIntosh Donald W. McIntosh Associates, Inc. From: Don LeBlanc City of Winter Springs Re: Review of Stone Gable Covenants, etc. I have reviewed the above referenced covenants and offer the following comments: 1) Page 7, Section 2, Line 16 - please remove the words "maintain and use electric and telephone poles" - the City requires that all services be underground. 2) Page 7, Section 2, Lines 20 & 21 - an arbor permit is required to "cut any trees". 3) Page 7, Section 2, Lines 25 & 26 - please remove the words "and the right to locate wells, pumping stations and tanks.". 4) Page 7, Section 3, Line 5 - please remove the words "to include driveways common to two (2) or more Lots", 5) Page 8, Section 3, last line - please add the City as a consenting agency to the release of a portion of a utility easement. If the easement is platted, an ordinance is required to vacate it. 6) Page 8, Section 4, Line 3 - please remove the word "sidewalks" as sidewalks are already in the right of way easement. 7) Page 8, Section 4, Part (a) - please define. Example: The City may be responsible for a drainage swale, but it is not responsible for the upkeep of such if it is part of a lot. 8) Page 9, Section 6(b) - the right of the association to dedicate or transfer any part of the common area is valid only if the proposed donee accepts such. /. February 20, 1997 Stone Gable Covenants, etc Page 2 9) Page 11, Article V - the City has been requiring that a reserve escrow account be established for the Homeowners' Association to be turned over to the association once the Class B membership ceases to exist. These funds cannot be utilized for any other purpose. Some developers have dedicated 10% of the dues collected and others have deposited the initial fee, provided the fee is of sufficient amount to establish a credible reserve escrow account. 10) Page 12, Section 2(f) - please define "Short Term Rentals" - the City is not desirous of having a time-share type arrangement. 11) Page 21, Article VII, Section 3 - you may want to add some verbiage addressing the minimum square footage for the ground floor of a two-story building. 12) Page 22, Section 4 - you may want to give the numerical value to the setbacks listed here, 13) Page 22, Section 5 - the City will not allow most of these uses, even ifit is temporary in nature. Perhaps you can reword this section to allow construction structures only for storage of equipment during construction, One construction trailer will be allowed to be used a an office and this must be permitted through the Building Department. 14) Page 22, Section 6 - the City has specific ordinances on most of the items listed here. Please substitute the City of Winter Springs everyplace Orange County is used. 15) Page 25, Section 12 - please remove all commencing with "No burying of trash or other waste materials,....,). 16) Page 25, Section 14 - 30 days appears to be excessive, 7 days prior to construction may be more reasonable. 17) Page 28, Section 25 - an arbor permit is required. 18) Page 29, Section 27 - you may want to consider allowing the 18" mini-dishes j' February 20, 1997 Stone Gable Covenants, etc. Page 3 19) Page 31, Section 1, last line - please insert "and the City of Winter Springs" after (.....(the "District")). 20) Page 33, 2nd line from top - please insert "and the City of Winter Springs" after (.... .District). 21) Page 34, 2nd line from top - same comment as Item 20 above 22) Page 34, Section 5 - is it legal to grant an encroachment easement in a conservation area? 23) Page 39, Section 18 - the surface water or stormwater management system, if part of the common area, shall not be mortgaged. 24) Page 39, Section 19, last line - please add "and the City of Winter Springs" after the last word in the section, 25) Please add another Article, or add a Section someplace, which will read: Notwithstanding any other provisions contained herein, no amendments may be made to this document without the prior approval of the City of Winter Springs, Florida. The City of Winter Springs is a third-party beneficiary with the right to legally enforce this document. Nothing contained herein permits or authorizes any violations or deviations from the Code of Ordinances, City of Winter Springs, Florida. 'j(. ii, ~ w FE o o c ~.. o~ .0 ...JZ < U o ...J o o ~I- ..~-J.~ I-.....~< ~I-_O o~~O 0::::1:::)0 Q. (/HIl > m . .:"*':'-" ,. .. .. J , j ) . ~ f /' o !JO ~e: I" ... 100' SOL~ CI1V Of Yt1N1D ~ ~ p.uP. LJt.D use: MM!Jf) .La @ @ - ... - ........ .. - ~ ~ - ~r----- ----- " ~-- ~-- ----- ~-- ,.~/tN)SM~ ~._-~-- P'N ~. ~~ ~ _ _........ -- sr. JOtfo,lS HoD e.AU M..l.~ _ _ --:- - - ..-~ . I'JIIe ~ _ ---- ___------:------- . _",,,.0"" --- C;,~~.) ___----- <. ----- ~-- -- --- - -~...~ __ _ - ~ - ... -- ... 0!16?. .ijjl:lVtIo.tr - - ~ - - 'r~/iitIIIJ6> ~. s. tflI _13, 1e' l\llI' - ... -- -- - ... .-- --~---- ---- - - ~_.-.t --~._-~~. ---- ,.'~- ----- ~,~~ f:rfiHlr.: ~ ~ .':.n -...- - ItD"" 4." ~) mw.~ <. ,~~' fI.I).n. r~ -\.. ::::=:=-=- 0JII1! .. OlIT1fJl _...~..-- -- - - ....... ---- --- , , , , ---~\ ------ .a~\ ,..,. ,. .............. , ----, --- I _-----1 , I I , , I , , , \ \ I , , \ , , , , I , I I , I , , , I I i , I , , , I , , , , , , I I I' , , I' , I I , , I I , , \ , I , , I , , , , I I I , , I , , , , I , , , , I , I \ , , , , , , , , , , , , , , , I I \ , , I , , I I I , , \ I I , , , , , \ , , I , \ I I I \ \ I " , , \ , NOr INQ..l.RI1 POImON Of ...or,. QWiI! I+D CONrN<<'S ~Ot"~ (PLKIQ:J( ~'NfIl") (f-- 20' I'l&DINl:S ~ 10' ~..... ~ "1WG-f 10. CO~ . \' iOtJ!!I \ ,.'~;.~ \ _---.-,...~=::';~=::1 ====---~ , 'JIi..;.( .." ..'~, - ..W'U- ~ \i - ~:Ia' ~.,,,.o.1'. r ...,...-....... """""" """'...,.. ~ arv Of WNIeR ~ \ ......, .ie~COtI-;'~ \ ~ .... .1i!e1I!N11ON PC:JN:) \ Ie~POWLNa~ \ ~IIi5.M.LD,*,,<I1D~~ \ WAS~ flUl!CI ~ r..v.,.,....1NCi ~....~ICVI. ~ ^~ao/t.~ Of 1H! i.JN' USI!! I!!U!NeNr Of 1M! ~ fIl.,NII, QfY Of ~.~ ~c.... . L.HD LSr ~ ~ IS: ~..*~ ~. !.Of 8 ., au,.~~r.,.., ~'S~' (PLAf eooK 2.""~) ~ ".-' 1fl1Gf ~ ~ . "\0.1 ~ @ 10' , , , , , , , , , , , , , " .Jt; , '" u,r:;. , /, )\ '" " , ---- ~----~:~---~-,_...--::-;:,,;':~:;~--------- ---~ ___--~ ~ . .... ....,J _ .... ---- -- ---- , -~ ------ , - _.- ---------------1 _---- 7", ----- I , / ---------,- /', / _------,- I ,/, -----, 1 I /, / -....-----,-- 1 \ ' / " -------, \ 1 1 I / , -------, \ I , I ' , " I -r-------, \ \ I , I ' / ',J --- I I , I , I , ' / / --- ~ I \ , \ I I , / ~~..1\!211 I , \ \ , \ ' I . -11.-', =b.-"I... I \ I \ I , I / ~~.,... I , \ I I , I / " \ ' \ I \ I I I I / . " / \ I , I I , . \ 1'" , ./ / \ \ \ \ \ -L - - -:'1- - - - , .... /' ".n. \ I I \ J...-..;- - - . ... '" ./ " .~~ \~__~;.-~--- _- _-- __~. ",_//v(""" -----.' _----\ r . } / . ~ r:. arv a- 'NINfeR SF'RINQS ZONeP R-IA , .... .. LJN1 IS. LON 1'eNStrV' teSl'eNfK;/ '-- - CONSI!!RVA11ON ~ use, SINa.e P'ItNLV e~ Yt1N'INc::i HQU...OtV lHr I (JI'L.N' ItOOK "t7. JI''' 94) c: -- / ---- i .I ( ..~*' , , , .' 1 . . t.....;..~ . .-', ~ ,. . 100 2CX) \. , I J I / I / / . STONiOABLa '" A WiMdUte ~\hdtM.p..ent MASTU PLANSlTENontS :~o 1). The project is to be dewIopedin two (2) pIIaa as follows: Phase I: SUWIc Pamily ~.. TfIId B 41t01mwata' ~ TbCt C Phase II: CclmmtKiat TJW:l A DEVPl~nATA' Total Land. Ana: 1:_:' 7.....:..... . ..-Sb8.I-....-~ , ~L*u.. . 13.J0 Aaa PIanDed u.it Development (PUD) Mixe4 Use 2) Eeeb ~ will be able 18 exitt as an ~ unit. L~DUS€~~ARY' lmLlll~ Ial.1I ~w. Maximum GrMt Aae R-w>>~ lJ..uts (AC) (00) '. I) $aftilal'y scwct to ~ ~ by Ibc City of 'Vanier Sprinp. 2) Potable water to "-providIlIby \be City olWiAter Spribp. 3) Solid waste disposal to be provided by City franebiae. MaxihlUm C~I (Sf) . A B C~eiat l.J NlA 3) F.. proIedion to he provided by the City ofWintcr S...... 13.000 R.~i8l Sielle.f'-a:niIy . 0.16 Stotnl\\'Mer Maueement Area 1.30 J) 4) Electric power MrViu to beprovidcd bJ.. Ftoricfa Power CoIporation. S> Tctcphont service 10 be provided by Soaidlcm Bdl. 6) CIble TV to M provided by THDC W.., Cable. N/A C . Ill.... RiaJd-oI.Way TOTAL ~ ==== ~ 13,000 Sf (ComaIcrcial) 13.10 Acres 53 7) SIonnwater ~ f8ci1iUes will be daiped ia KC:OfdInce with City of W'Qder Sprinp and St. Johns kiwrWaler M~ DiI1rie& NpIations; NOTES~ I) ......... NtidenIial........... ,) G~RAL {)EVF.I ~ NQTF$ I) A mandatory honIeowDen .-ociaticm will be Conned to pn)vide mainlePlDCC of'c:omtDOIl amtS. A draft oldie ~ Conditiorts, andRatrietiGu will be ...... with Final I Subdivision PIaas. 2) hl'I\IT~"~ 4.s0l1/AC(S3DU+1UAC.R~Aree) 3) 0.. ~......., .~...... the total maberoluaitl divided by cbe.. ......wt land.. ~..... os-.-e. stennwater R* .~... a.mat .otway.h.ifr;"" ......... 2) All project cab')' _atioos to SR 434 M'e subject to FOOT approval. 3) Acc:ess iaIo c......w.a n.t A will be via inMmaJ 4rMway with CUlt IOCIIioD ~ he dcfenDIoed at .. .... 4) ~CilRW~..IICMp.._~: ........ ~'AA~..14. 1.) Acm .23 FAIl 13-,000 Sf lbc LctIhr c.ap.y I~A~ Lonpood. FL '3275Oa3e Ada: Mr. ~ .Lomer PboDe: (-401) 331.5515 AND .OWMSt$: MaXimum~..footaIe: S) 0,.......... !,",,(f"--lt"4f'2m\of1be F0851and .. or2.6211Cla iBcIudiaIS% or ......_~ ~..... 6) AIIICftIICS.., "J~- wtn wry db... survey(s). ~ nc.,lP11ON Of '~l1_Jt t) neet a .......f .....,.-.,.,*I,pde the foHowina uses: YdHaa H. MotrieoIa. TnasIeC do 8aIdwia . Morrison. P.A. 7100 SouIh 11.8. Hiabw9 17-92 Fcm Pwk. n12730-2092 Phoac: (401) IJ4.J424 .. SiqIe.,...,...... 411iCCC1tOrY .. Nuimum.1aidontiaI ~ Mttce ndio per lot for principal and actesso'l')' buildings 11IIII__..""'. "......~ 3) ~. hctpt of ~.~ ddachcd OIl Tract B shall be two (2) stories (nwc.imum "~:L?;;..'::';; '.~}.~:: ":,.}:~'~~'ii 4) tflCt A ~ ......... specified with PSPlfinal SulJdivbioa,.. ,5) T.-:t A mil)' iftclYde ....pennitte4 in 1ht C.I Neighborhood Commadel QilIIrict. 6) ~ surface (excl.weof Mtcr surfaces) on Tract A uses sh8Jl DOt exceed 70% for ........ and 1CCeIIOl')'.'~.'" parkina. 7) .Maximum hciIbl qtClOlDllllldal use on Tract A shall be 35 feet. DEVELOPn: I 2) Cambrictp DcYdopmcnt. Inc. 861. DoutJ.. Avenue AItamOIIIt s,.., Florida 32114 Attd: Dan. A. ~ President Phone: (401)165-'9600 Dooa1d w. Mc"-AssoaaIcs.Int. 2200 PMk Aveoue Notth Winter Park. FIori4a 3-27*9 Attn: DoaWd W. McIntosh. Jr. Cindy M. Hanis Phone: (401) 6+4-4061 .~ ENGlNEfR I LAND PLANNER: i LANDSCAPE ARCHITECT: August <:icnIrd Schwartz Post Oftk:e Box 37 Winter P-. fL l2790 Phone: (401) m.9271 Jone$cl Gentry 136 E. RobiMon St. Orlando. F1Qrida 32801 Phone: (407) 141-2122 CEMS CQR~ IDe. S6I W. SitWl'su.t Oc:oec. FlOrida (..em' 871.1919 ~'(lJ.D1M).~M~.pUFF~Rg J)PUD ped....1NitdiIf.....: '1H (coosisteDt with Devclopcr's ~eantOl) 2) a.nA;. '.- ..... ... (BSL) to. IDCI8II higJa water. NJA -...... .. (No D8lura1 water tIodia ~. piOpa1Y) SUR.VEYOR,: Boundary Survey: 3) '8UildiAa ~a ......... sa 434 riJht-of-\\'ay: BSL . eo......: Sf1 ..ill.ill: . SioaIc fInliI)': 311 ~ ~ ....... Bo&r 15' IS' 2C1 t S' IS' 1# Topoppbic hrw:y. ,4) Rt~atW~~"bc: P.: Sidt: s.. Side: Itw: ....... w ....'.. . :1 .. . S) ~~0Il~ ud.I......... midendaJ: 10' 6) ~1UJ.N~oa~..........I't*IwIy: varieJ_.eealO'.']J1 ,. 7) "'.11 Ie .ITS,, .......... ~ otlleeS and shrubs or waif I r.ce or ~ thcreGf.' I} .~..... "'.T~ A ..;.m.t SR 43".IbID.be ~ ~ with........ iInbs. W.... ..,......... . atllcwlopcr'... wadi City approval. 9) "-Ii.... wiD be UIIDII m....~ desip ... feasible. ... .. ~....~ . I) '0,............ ~s ~).. all.., 1yiaf.... priIDMy and ."llry ~~....~.~ ~I.I!IIIeIll"",.,ss.1ol .r~r=.."""'- ....~ 2) ...... pIIt tr_lIfm 1ld1it"UI~ requilecL the City ofV1ftW~ pIIt . .......,.~.... , VICINITY MAP 5CIt.e.1" - I(X)O'$ MASTER PLAN SlBMI1'm' 12/19/96 :z: Cf). eo z:~ u . 2(/) .~ ~-< ~~ ~~ a · (/) 00 o a:: <0 zo~ ->-, W~ .. > <0 (f)a::....... W:=::>I' J-(/),!, <( o o (f) (f) <( ':J: (/) ~ Z - U ~ ~ 0) 00 I' N I") < o ii: o ...J (/)LL a::~ Wo:: z< zo.. <CO:: --I~ o...z ~ j; 0:: o Z w ::> z 9 (/). ~ . a:: < -' W ~ ~W~ Z Z 0.. o C> 0 C'Z~ WN ~- .1 - Q ::) A. W ...I m C CJ w z o I- UJ e>i Zq ~Q. ~~ 0::0 oin 0) t- LaJ LaJ :r: en ~. ~3 0.... ~. ~ ~ ..~ c Q II: o .... IL .. I II lie G. . a: III l- ii . IL o >- I- - (,) ~ < o >i o ~ F= ~ a: o f3 (f) o Z o in 5 w 0:: ~ < a d z a:: t") ~ N :I 0 ::> ,,; Z 0 ~ ~ ~ g -< ..- fA :" ..- >- III a &oJ lll: o w is ~ < a -;; III C w ts lii w a ~ < a I- <0 < 0) Z It) N -;; 0 III ..- i <I( a:: o ~ < a ..... lL. o ~