HomeMy WebLinkAbout1998 11 09 Consent Item H
COMMISSION AGENDA
ITEM H
Consent XX
Information
Public Hearin
Re ular
November 9, 1998
Meeting
MGR.12. w '"'\ ~
REQUEST: Community Development Department, Land Development Division, requests that
the Commission approve the recordation of the plat and the covenants for
Wicklow Greens at Tuscawilla.
PURPOSE: The purpose of this Board Item is to record the plat and covenants for Wicklow
Greens at Tuscawilla (property located to the east of Howell Creek and to the
north and east of Wood stream subdivision).
APPLICABLE CODE:
Code Section 9-75. Final Plat, contents and recording procedures.
(a) The final plat shall conform substantially to the approved preliminary plan, and
shall be submitted to the city planner as follows:
(1) The final plat shall include one (1) linen original. If more than one (1) sheet is
required, a suitable index map showing the entire development with index for the various sheets
shall be shown on the first sheet.
(2) The final plat shall show streets, lots, blocks and easements indicating the
centerline, width and sidelines of all easements.
(3) Surveys and surveying data on the final plat shall be in accordance with
acceptable professional practices and principles for land surveying and preparation of plats.
Special consideration shall be given to the relationship of the proposed plat to existing abutting
plats to prevent unintended overlap or omission of lands.
(4) Mortgage holders shall execute before two (2) witnesses and a notary public
the following certification on plats: The mortgagee(s) consents and agrees to the platting lands
embraced in this plat and to the dedication(s) shown herein; and further, should it become
necessary to foreclose the mortgage covering the property, that all pieces and parcels dedicated to
the public will be excluded from the suit and the dedication shall remain in full force and effect. "
\.
November 9, ] 998
CONSENT AGENDA ITEM H
Page 2
(5) A dedication to the public by the owners of all roads, streets, alleys, easements
and other rights-of-way, however designated, shown on the plan for the perpetual use for all
public purposes.
(b) Three (3) copies of all protective or restrictive covenants to be recorded shall
be s.ubmitted with the final plat.
(c) A letter from an acceptable abstractor shall certify the following:
(1) That the parties executing the plats are owners of the land included therein.
(2) All recorded mortgages, liens and other encumbrances.
(3) That taxes and assessments have been paid to date.
(4) That the description shown on the plat is correct.
(d) An appropriate bond submitted in accordance with the bonding procedures set
forth in section 9-76 shall be required for all developments within which improvements are to be
dedicated to the public.
Code Section 9-76. Bonding procedures.
(a) Surety-performance bond. When requesting to record a plat for property with
streets to be dedicated to the public in which all improvements have not been installed or have
been only partially installed, the developer shall provide a corporate or surety completion bond
including a payment of vendors' clause executed by a company authorized to do business in the
state and acceptable to the city, payable to the city in the penal sum of the amount of the
engineer's estimate or alternative bid estimates for the incompleted portions of the work to be
done to provide streets, drainage facilities, street signs, water and sewer facilities, sidewalks and
other improvements as shown on the final development plan. As an alternative to the provision of
a corporate or surety bond, the subdivider may provide the deposit of equivalent cash in an
escrow account with the city, or a letter of credit drawn on an approved institution, drawn in a
form approved by the city attorney.
Section 9-77. Approval of final plat.
The city commission may approve the final plat, considering any applicable agency
reports, if the plan is in substantial conformity with the approved preliminary plans and it complies
with regulations established by this chapter. Action by the city commission may be taken
expeditiously, but not to exceed thirty (30) days after receipt of the final plat and supporting data
November 9, 1998
CONSENT AGENDA ITEM H
Page 3
by the city unless delay is requested or caused by the applicant. If the commission certifies that
the development has met all requirements hereof, the plat shall be endorsed as finally approved by
the mayor and attested by the city clerk in order that the same may be recorded among the public
records of the county.
Section 9-78. Recording/distribution of the final plat.
Upon completion of all approval action, the city planner shall be responsible for
ensuring that the original linen is signed and sealed, and the plat and deed restrictions, if any, are
delivered to the appropriate authority for recording. The developer shall submit to the city the
recording fee as specified in the current fee schedule.
FINDINGS:
I) Final Engineering was approved by the Commission on May 11, 1998.
2) The plat has been reviewed by the Public WorksfUtility Director, Land Development
Coordinator, Building Official and City Engineer and found to be acceptable.
3) The plat has been reviewed by a third pary surveyor, as per Florida Statutes Chapter
177, and found to be acceptable.
4) The City Engineer has verified that the remaining construction costs for Wicklow
Greens at Tuscawilla to be $274,452.15. In this regards, the developer has furnished a
Performance Letter of Credit in the amount of$274,452.15.
5) The plat, covenants, performance letter of credit and title opinion information has been
transmitted to the City Attorney for his legal review.
CONCLUSION:
The plat approval application has been found to be consistent with all applicable
requirements.
RECOMMENDATION:
The recommendation is that the Commission approve the recordation of the plat and the
covenants for Wicklow Greens at Tuscawilla.
November 9, 1998
CONSENT AGENDA ITEM H
Page 4
ATTACHMENTS:
November 3, 1998 - Tinklepaugh Letter confirming compliance with Florida
Statutes Chapter 177
October 30, 1998 - Land Development Coordinator Memo to City Attorney
October 27, 1998 - City Engineer Memo establishing amount for Performance
Letter of Credit
- Wicklow Greens at Tuscawilla Plat
- Wicklow Greens at Tuscawilla Covenants
- Title Opinion
- Performance Letter of Credit
COMMISSION ACTION:
Note: Please return the plats to the Land Development Coordinator. These plats are used
for addressing requirements.
11:03:98 TUE 15:53 FAX 4074226915
Tlnklepaugh Surveying
le:J UUl
Tinklepaugh
SUR V E Y I N G S E R V ICE SIN C.
November 3, 1998 '
City of Winter Springs
1126 E. State Road # 434
Winter Springs, Florida 32708
Attention: Donald R. LeBlanc
HE: WickJow Greens at Tuscawilla
Plat Review
PL004
. Dear Mr. LeBlanc,
, , ' This letter is to affi~ that I have reviewed the referenced plat as the city's designated
surveyor and find it to be in cbnformance, with' C~apter 177 Florida Statutes. Our review has
included a field check of perrna.qent reference monuments: .
.The platting sur:veyor is also responsible to stake 'all permanent control points and individual lots,
,prior to city acceptance of improvements we will need to ~eld check this requirement.
, LaStly, we have not been provided or reviewed title to the plat. We understand prior to recording the
city attomey will review to ensure the proper parties are dedicating the plat.
Sincerely,
TINKLEPAUGH SU:RVEYINGSER~ICES, INC.
.~
xc: Mark Luke - Hartman & Associates
, GFL:ss
379 WEST MICHiGAN ST., SUITE 208 · ORLANDO,'FLORIDA32806
TELEPHONE'(407) 422-0957
, FAX (407)422-6915
: E-Mail: tinklepaugh@mpinetnet
October 30, 1998
Bob Guthrie, City Attorney ~.
From: Don LeBlanc, Land Development Coordinato'r~
To:
Re: Wicklow Greens at Tuscawilla
Attached for your legal review are the below listed:
1) Proposed Plat - Staff has reviewed this and found it to be acceptable. But, there is a
questions as to whether or not an easements can be terminated by a plat. See Note 4 on the front
page - the easement went across Lots 24, 25, 26, 27,28,29 and 30. A new easement was granted
in Avondale Court where the utility is being relocated.
2) Title Opinion - this appears to be in order and is current through October 7, 1998.
3) Sample Letter of Credit to be used - this appears to be in order and will be in the
amount of$274,452.15 or more.
4) City Engineer memo to Land Development Coordinator verifying the amount of the
Letter of Credit.
5) Proposed covenants - these appear to be proper. The Reserve Claus requested by the
City Commission is found in Section 10.8.9 on Page 36.
NOTE: I have not received the Tinklepaugh letter confirming compliance with Florida Statutes
Chapter 177. But, this will not go to the Commission until such time as the letter is received.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
October 27, 1998
TO:
Land Management Coordinator v
Donald LeBlanc
FROM: City Engineer ~);\/
Mark L. Jenkins, P.E. ~:-=:)
SUBJECT: Wicldow Estates aka Wicldow Greens at Tuscawilla - Performance
Bond
I am in receipt of the engineer's opinion of the costs for the unfinished
construction at Wicklow Estates. His letter is dated October 21, 1998.
His estimate of cost for the unfinished construction is $274,452.15. I recommend
this amount be used for the performance bond.
If you have any questions, please let me know.
cc: Community Development Director
Public Works/Utility Director
AmSouth Bank
i::d'''1~30UTH Bt-ll'~ 1<
TAMPA, FLORIDA U.S.A.
(PLEASE DIRECT ALL CORRESPONDENCE
INDICATED IN TEXT BELOW)
Birmingham:
TELEX: 6827189
Cable: AMSOUBKBHM
S.w.I.F.T. AMSB US 44
International Services
TO. THE f~Dm~ESS
Mobile: .
TELEX: 6821116
Cable: AMSOMBL
S.w.I.F.T. AMSB US 44
CF~EDJT
IRREVOCABLE STANDBY LETTER OF
DATE~ NOVEMBER 02, 1998
LETTER OF CREDIT NUMBER B501390
f~)PPLICANT ~
WICKLOW, LTD.
::;200 I... AW 1...1 AVEI'IUE
TAMPA, FLORIDA 33611
BENEFICIf:.RY::
THE CITY OF WINTER SPRINGS
1126 EAST S.R. 434
WINTER SPRINGS, FLORIDA 32708
AMOUNT: U.S. DOLLARS 274,452.15 (TWO HUNDRED SEVENTY-FOUR
THOUSAND FOUR HUNDRED FIFTY-TWO U.S.DOLLARS AND FIFTEEN CENTS)
DATE OF EXPIRY~ OCTOBER 29, 1999
PLACE OF EXPIRY~ AMSOUTH BANK, 1900 FIFTH AVENUE NORTH
BIRMINGHAM, ALABAMA 35203
THIS LETTER OF CREDIT IS IRREVOCABLE FOR ONE YEAR FROM DATE
OF ISSUE, HOWEVER, IT WILL BE AUTOMATICALLY RENEWED WITHOUT
AMENDMENT FOR SUCCESSIVE PERIODS OF ONE (1) YEAR EACH,
UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO THE INITIAL
EXPIRATION DATE OR ANY SUCCESSIVE EXPIRATION DATE THE ISSUING
BANK GIVES THE BENEFICIARY NOTICE BY REGISTERED/COURIER LETTER
TO THE ADDRESS ABOVE THAT THE ISSUING BANK ELECTS NOT TO HAVE
THIS LETTER OF CREDIT RENEWED FOR SUCH ADDITIONAL ONE YEAR
PERIOD.
THIS STANDBY LETTER OF CREDIT IS ISSUED IN YOUR FAVOR BY ORDER
AND FOR ACCOUNT OF THE ABOVE MENTIONED APPLICANT AGAINST
THE tERMS AND CONDITIONS DESCRIBED BELOW ACCOMPANIED
BY DRAFTS DRAWN ON AMSOUTHBANK, TAMPA, FLORIDA AT SIGHT.
DOCUMENTS REQUIRED~
THE ORIGINAL LETTER OF CREDIT.
BENEFICIARY'S NOTARIZED STATEMENT, PURPORTEDLY SIGNED BY THE
CITY ENGINEER OR ACTING CITY ENGINEER OF WINTER SPRINGS, AS
FDI...I...OWS.
THE UNDERSIGNED HEREBY CERTIFIES THAT THE WICKLOW, LTD.
PARTNERSHIP HAS FAILED TO TIMELY COMPLY WITH THE CONSTRUCTION OF
THE IMPROVEMENT IN ACCORDANCE WITH THE APPROVED CONSTRUCTION
PLANS AND CITY COMMISSIONERS APPROVAL FOR WICKLOW GREENS.
***CONTINUED ON NEXT PAGE***
AmSouth Bank
Mobile:
TELEX: 6821116
Cable: AMSOMBL
S.w. I. F.T. AMSB US 44
THE UNDERSIGNED HEREBY CERTIFIES THAT THE WICKLOW, LTD.
PARTNERSHIP HAS FAILED TO BE DEFICIENT TO COMPLETE ALL SUCH
IMPROVEMENTS FOUND BY THE CITY ENGINEER OR TO COMPLY WITH CITY
APPROVALS OR REQUIREMENTS.
f~I\1S0UTH Bf.tl'~ l<
T (')I-rIPI~I, FL.OFo: I D(')
(PLEASE DIFo:ECT
:U-IDICf.ITED II-I
Birmingham:
TELEX: 6827189
Cable: AMSOUBKBHM
SW.I. F.T. AMSB US 44
U.S.PI.
ALL CORRESPONDENCE TO THE ADDRESS
TEXT BELOllJ)
International Services
OR
THE UNDERSIGNED HEREBY CERTIFIES THAT THE WICKLOW, L.TD.
PARTNERSHIP HAS FAILED TO PAY ALL COSTS AND EXPENSES
INCURRED FOR OR INCIDENTAL TO COMPLIANCE OF THE FOREGOING.
PARTIAL DRAWINGS ARE NOT PERMITTED.
ANY DRAFT DRAWN UNDER THIS CREDIT MUST BE PRESENTED TO AMSOUTH
BANK, 1900 FIFTH AVENUE NORTH, BIRMINGHAM, ALABAMA 35203 ATTN:
INTERNATIONAL. SERVICES NOT L.ATER THAN 2:00 P.M. BIRMINGHAM,
ALABAMA TIME ON OR BEFORE THE EXPIRATION DATE.
(.oll-IY DF~(')FT DF~AlAll-1 HEI:;:EUNDEI;: !"IUST BE 1-rIi~F~KED: "DI:;:AWI'-I UI-IDD~ AI-rISOUTH
BANK, TAMPA, FLORIDA LETTER OF CREDIT NUMBER B501390 DATED
OCTOBEF~ :50 ~I :1. 998. "
WE HEREBY ENGAGE WITH YOU THAT DRAFTS DRAWN AND PRESENTED IN
STRICT COMPLIANCE WITH THE TERMS OF THIS CREDIT AND AMENDMENTS
SHALL MEET WITH DUE HONOR UPON PRESENTATION.
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR
DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL. CHAMBER OF
COMMERCE PUBL~CATION NUMBER 500. .
.... .. ....._._.__.........._....._..~.........
U 'HORIZED SIGNATURE
@
CHICAGO TITLE INSURANCE COMPANY
LIMITED TITLE SEARCH CERTIFICATE FOR
THE PROPOSED PLAT OFWICKLOW
DATE:
October 14, 1998
TO:
City of Winter Springs
c/o Steve Samaha
220 Lawn Avenue
Tampa, FL 33634
CTIC #
119604993-A
We have caused a search to be made of the Public Records of Seminole
County, Florida, from the earliest public records through October 7, 1998,
as to the following described real property:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
AND FIND the owner of record
WICKLOW, LTD., a Florida limited partnership
THE ABOVE is the same as the named owner in the Dedication on Plat
designated:
WICKLOW
ALL MORTGAGES not released or satisfied of record are as follows:
1. Mortgage and Security Agreement executed by WICKLOW, LTD., a Florida
limited partnership, to AMSOUTH BANK, an Alabama State Charter Bank,
dated June 26, 1998, filed on July 8, 1998, in Official Records Book
3457, Page 1438, in the Public Records of Seminole County, Florida.
2. Assignment of Leases, Rents, Profits and Contract Rights from Wicklow,
Ltd., a Florida limited partnership, to AmSouth Bank, recorded July 8,
1998, in Official Records Book 3457, Page 1454, of the Public Records
of Seminole County, Florida.
3. UCC-1 Financing Statement from Wicklow, Ltd. to AmSouth Bank, recorded
July 8, 1998, in Official Records Book 3457, Page 1464, of the Public
Records of Seminole County, Florida.
~
119604993-A
Page 2
OTHER MATTERS of record are as follows:
1. Subject to riparian rights.
2. Easement Agreement recorded in Official Records Book 1306, Page 297,
of the Public Records of Seminole County, Florida.
3. A 20 foot wide Sanitary Sewer Easement running East-West through the
property, recorded in Official Records Book 1027, Page 619-620, of the
Public Records of Seminole County, Florida. NOTE: To be deleted upon
platting and termination of easement. .
4. Utility Easement recorded in Official Records Book 1260, Page 1631, of
the Public Records of Seminole County, Florida. NOTE: To be deleted
upon platting and termination of easement.
1998 taxes are PAID as to the following parcels:
Parcel No. 31-20-31-5BB-0000-002A
Parcel No. 31-20-31-5BB-0000-002C
Parcel No. 18-21-31-502-0000-3050
Parcel No. 18-21-31-502-0000-3060
Parcel No. 18-21-31-502-0000-3070
Parcel No. 18-21-31-502-0000-3080
Parcel No. 18-21-31-502-0COO-0000
CHICAGO TITLE INSURANCE COMPANY
CERTIFICATE OF OWNERSHIP
This search is for the purpose of providing title information to the County
and/or City governmental department which regulates land development, and
it not to be used for the issuance of any title insurance commitment and/or
policy.
The company's maximum liability for any error or omission in this
certificate is limited to $1,000.00 in accordance with Florida Statute
627.7843.
IN WITNESS WHEREOF, Chicago Title Insurance Company has ca~sed these
presents to be signed and its Corporate Seal affixed hereto on this
14th day of October, 1998.
(Seal)
CHICAGO.:ITL~SURANCE.COMPANY
U j~ 7/ :~-..
DAVID R. PALMER/dh
119604993-A
EXHIBIT "A"
From the Northeast corner of Winter Springs Unit 3, as recorded in Plat
Book 17, Pages 89 and 90, Public Records of Seminole County, Florida, run
South 87051'00" West along the Northerly boundary line of said Winter
Springs Unit 3, a distance of 356.77 feet, thence leaving the aforesaid
Northerly boundary line of Winter Springs Unit 3, run North 01011'44" West
350.51 feet to the Point of Beginning; thence North 70029'34" West 215.02
feet; thence South 79044'00" West 630.09 feet; thence South 36044'30" West
103.84 feet; thence South 00015'09" East 2~4.83 feet to a point on the
aforementioned Northerly boundary line of Winter Springs Unit 3, thence
South 89044'51" West along said Northerly line 80.00 feet; thence North
00015'09" West 428.41 feet, thence North 04012'06" East 78.61 feet to the
Southeast corner of Lot 10, "Woodstream Replatll, recorded in Plat Book 40,
Page 39, of the Public Records of Seminole County, Florida; thence run
along the Northeasterly, Northerly and Northwesterly boundary of said
"Woodstream Replat" the following courses: thence North 10016'00" West
259.99 feet; thence North 11023'44" West 135.86 feet, thence North
60035'58" West 40.00 feet, thence North 29024'0211 East 10.00 feet, thence
North 60035'58" West 135.00 feet; thence South 58046'51" West 156.53 feet,
to a point on the Northeasterly line of "Woodstream" as recorded in Plat
Book 24, Pages 97 and 98, of the Public Records of Seminole County,
Florida, thence North 45032'37" West along said Northeasterly line 115.00
feet to the Southeasterly right-of-way line of Nancy Circle. Said point
being a point of curvature of a curve concave Southeasterly and having a
radius of 368.65 feet; thence from a tangent bearing of North 44027'83"
East, run Northeasterly along the arc of said curve and said Southeasterly
right-of-way line 65.03 feet, through a central angle of 10006'26", thence
leaving said right-of-way line, run thence North 45032'3711 West along the
Southwesterly line of Lot 305, of said "Woodstream" and Northwesterly
extension thereof a distance of 367.56 feet to the centerline of Howell
Creek, thence run along the centerline of Howell Creek the following
courses: North 41008'111' East 36.90 feet, North 25052'29" West 74.17 feet;
North 79051'51" East 71.32 feet, South 75035'29" East 74.63 feet; North
54029'51" East 58.32 feet; North 57023'4911 West 85.20 feet; North 51015'31"
East 118.86 feet; North 43022'09" West 65.00 feet; North 44008'11" East
141.79 feet; South 47022'09" East 31.52 feet; North 72035'48" East 75.81
feet; South 21036'52" East 73.70 feet; North 64031'08" East 46.70 feet;
North 29022'08" East 151.40 feet; North 01012'18" East 39.60 feet; North
56054'0811 East 95.50 feet; North 21023'0811 East 42.70 feet; North 61040'48"
East 22.95 feet; South 40020'32" East 67.00 feet; South 82006'22" East
86.80 feet; North 49013'58" East 36.14 feet; thence leaving the aforesaid
centerline of Howell Creek, run thence South 17004'38" East 365.28 feet;
run thence South 31044'13' East 765.84 feet; run thence South 75052'42"
East 331.30 feet, run thence South 01011'4411 East 418.79 to the Point of
Beginning.
[
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SHEET 1 OF 2 SHEET
WICKLOW GREENS AT TUSCAWILLA
A REPLAT OF A PORTION OF WOODSTREAN, PLAT BOOK 24, PAGES 97 & 98
AND A PORTION OF PHILIP R. YOUNG GRANT, PLAT BOOK 1, PAGES 35-38
SECTION 18. TOWNSHIP 21. SOUTH. RANGE 31 EAST
CITY OF WINTER SPRINGS, $EMINOLE COUNTY. FLORIDA
..
DESCRIPTION:
FROM THE NORTHEAST CORNER OF WINTER SPRINGS UNIT 3, AS RECORDED IN PLAT BOOK 17,
PAGES 89 AND 90, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, RUN SOUTH
8T51'OO" WEST ALONG THE NORTHERLY BOUNDARY LINE OF SAID WINTER SPRINGS UNIT
3, A DiSTANCE OF 356.77 FEET, THENCE LEAVING THE AFORESAID NORTHERLY BOUNDARY
LINE OF WINTER SPRINGS UNIT 3, RUN NORTH or 11'44" WEST 350.51 FEET 10 THE
POINT OF BEGINNING; THENCE NORTH 70029'34", WEST 215.02 FEET; THENCE SOUTH
79044'00" WEST 630.09 FEET; THENCE SOUTH 36"44'30" WEST 1 03.84 FEET; THENCE
SOUTH 00"15'09" EAST 244.83 FEET TO A POINT ON THE AFOREMENTIONED NORTHERLY
BOUNDARY LINE OF WINTER SPRINGS UNIT 3, THENCE SOUTH 89"44'51" WEST AlONG SAID
NORTHERLY LINE 80.00 FEET; THENCE NORTH 00"15'09" WEST 428.41. fEET.I~ENCe- ' '__.
NORTH 04012'06" EAST 78.61 FEET TO THE SOUTHEAST CORNER OF LOT 10, "WOODSTREAM
REPLAT", RECORDED IN PLAT BOOK 40, PAGE 39, OF THE PUBLIC RECORDS OF SEMINOLE
COUNlY, FLORIDA; THENCE RUN ALONG THE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY
BOUNDARY OF SAID "WOODSTREAM REPLAT" THE FOLLOWING COURSES: THENCE NORTH
10016"00" WEST 259.99 FEET; THENCE NORTH 11"23'44" WEST 135.86 FEET, THENCE
NORTH 60035'58" WEST 40.00 FEET, THENCE NORTH 29024'02" EAST 10.00 FEET,
THENCE NORTH 60"35'58" WEST 135.00 FEET; THENCE SOUTH 58"46'51" WEST 156.53
FEET, TO A POINT ON THE NORTHEASTERLY LINE OF "WOODSTREAM" AS RECORDED IN PLAT
BOOK 24, PAGES 97 AND 98, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA,
THENCE NORTH 45"32'37" WEST ALONG SAID NORTHEASTERLY LINE 115.00 FEET TO THE
SOUTHEASTERLY RIGHT -OF -WAY LINE OF NANCY CIRCLE. SAID POINT BEING A POINT OF
CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 368.65 FEET;
THENCE FROM A TANGENT BEARING OF NORTH 44"27'83" EAST, RUN NORTHEASTERLY ALONG
THE ARC OF SAID CURVE AND SAID SOUTHEASTERLY RIGHT-OF-WAY LINE 65.03 FEET,
THROUGH A CENTRAL ANGLE OF 1 0"06'26", THENCE LEAVING SAID RIGHT -OF -WAY LINE,
RUN THENCE NORTH 45"32'37" WEST ALONG THE SOUTHWESTERLY LINE OF LOT 305, OF
SAID "WOODSTREAM" AND NORTHWESTERLY EXTENSION THEREOF A DISTANCE OF 367.56 FEET /
TO THE CENTERLINE OF HOWELL CREEK, THENCE RUN ALONG THE CENTERLINE OF HOWELL /
CREEK THE FOLLOWING COURSES: NORTH 41"08'11" EAST 36.90 FEET, NORT~
25052'29" WEST 74.17 FEET; NORTH 79051'51" EAST 71.32 FEET, SOUTH
75035'29" EAST 74.63 FEET; NORTH 54.29'51" EAST 58.32 FEET; NORTH
57"23'49" WEST 85.20 FEET; NORTH 51"15'31" EAST 118.S6 FEET; NORTH
4S22'09" WEST 65.00 FEET; NORTH 44"OS' 11" EAST 141.79 FEET; SOUTH
47022'09" EAST 31.52 FEET; NORTH 72"35'48" EAST 75.S1 FEET; SOUTH
21"36'52" EAST 73.70 FEET; NORTH 64031'08" EAST 46.70 FEET; NORTH
29022'OS" EAST 151.40 FEET; NORTH 01012'18" EAST 39.60 FEET; NORTH
56054'OS" EAST 95.50 FEET; NORTH 21023'08" EAST 42.70 FEET; NORTH
61"40'4S" EAST 22.95 FEET; SOUTH 40020'32" EAST 67.00 FEET; SOUTH
82"06'22" EAST 86.80 FEET; NORTH 49"13'58" EAST 36.14 FEET; THENCE LEAVING
THE AFORESAID CENTERLINE OF HOWELL CREEK, RUN THENCE SOUTH 1 T04'38" EAST
365.28 FEET; RUN THENCE SOUTH 31"44'13" EAST 765.84 FEET; RUN THENCE SOUTH
75"52' 42" EAST 331.32 FEET, RUN THENCE SOUTH or 11' 44" EAST 418.82 FEET TO THE
POINT OF BEGINNING.
CONTAINING 28.29S8 ACRES MORE OR LESS.
NOTES:
1. BEARINGS SHOWN HEREON ARE BASED ON THE WEST RIGHT OF WAY LINE OF
WtCKLOW WAY, BEING AN ASSUMED BEARING OF N.00"15'09"W.
2. TRACT "A" IS FOR STORMWATER RETENTION AND SHALL BE OWNED AND MAINTAINED
BY THE HOMEOWNER'S ASSOCIATION.
3. THERE IS A 10 FOOT UTILITY EASEMENT ALONG THE FRONT ALL LOTS AND TRACT "A"
DEDICATED BY THIS PLAT.
4. BY ACCEPTANCE OF THIS PLAT AND THE CREATION OF NEW UTILITY EASEMENTS,
THE CITY OF WINTER SPRINGS TERMINATES THAT PORTION OF UTILITY EASEMENTS
RECORDED IN O.R. BOOK 1260, PAGE 1631 AND O.R. BOOK 1027, PAGE 0619,
LOCATED WITHIN THE BOUNDARIES OF THIS PLAT.
5. INGRESS AND EGRESS RIGHTS ARE HEREBY GRANTED TO THE WOODSTREAM
HOMEOWNERS ASSOCIATION ALONG WICKLOW WAY AND THE CUL-DE-SAC OF
NANCY CIRCLE.
6. LOTS 24-30 SHALL HAVE PRIMARY STRUCTURE SETBACKS OF 50 FEET FROM MEAN
HIGH WATER LINE OF HOWELL CREEK.
7. PRIMARY STRUCTURE SETBACKS SHALL BE:
FRONT OF LOT SETBACK - 25 FEET
REAR OF LOT SETBACK - 20 FEET
SIDE OF LOT SETBACK - 7.5 FEET
CORNER LOT SETBACK - 13 FEET
8. ZONING FOR THIS PLAT IS CLASSIFIED AS P.U.D.
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REO BUG lAKE ROAD
NOT TO SCALE
LEGEND
R/W = RIGHT -OF -WAY
, 0 = PERMANENT REFERENCE MONUMENT (PRM)
(SET 4"X4- CONCRETE MONUMENT #5006)
. = RECOVERED PRM 4"X4" CONCRETE MQNUMENT
(lS 31""f ~\.~$ CfM...(stf~~)
. . = PERMANENT CONTROL POINT (PCP)
(SET NAIL AND DISK, LS #5006)
~ = DENOTES CENTERLINE OF RIGHT OF WAY
PRM = PERMANENT REFERENCE MONUMENT
N&D = NAIL AND DISK
PROJECT
SITE
~
PC = POINT OF CURVATURE
PT = POINT OF TANGENCY
PRC = POINT OF REVERSE CURVATURE
PI = POINT OF INTERSECTION
RP = RAOIUS POINT
P.O.L. = POINT ON LINE
NR = NON RADIAL
CM = CONCRETE MONUMENT
JOINDER AND CONSENT TO PLAT
THE: \JHDERSlQNEO heNby certiflft that it is the holder 01 a mortgage. Ilen or
other enc:umlN'_ upon tile __ ~ property. and that the U1~
herwby jolM in ond cOl'lMlltl to the cMdicotion 01 the 10.... deec:ribed __ Iliy
the owner thereof. one! 09'"8 that its mort9OQe. lien or ~. wlllch Ia
rec:onted in orficioI ~ Book 3487. Poge 14.'8 of the. PutIllt R.cords 01
Seminole County. Florida Iholl be 8UllOI dnoted to 1M CItloYe dedIcotion.
By:
AMSOUTH BANI<. AN AI..A&AMA STAn: CHARTERED BANI<
Print nome and 00.
SiQned and HOled in the prwence of:
"
priftted nome
'prlftted nome
STATE Of.
I I
COUNTY or
THIS IS TO CERTFY. That on.. . 1Mf_ me. an
~ duly outh<<lzed to talc. _""o.AdglmMt. in tIM Stat. and ~
afOl'Mllicl. pe-'ly oppeared
the .
of the above -* corpoNtion ;.lCOI'pOl ated undIr the '-a of the State
of .IUIJNAA . . . . . . to me Mown to be the
indIvicNoIa and oIfar ~ in and who -.ted tIM f.......
Joiner' and. COnMnt Gnd' oCknOw~ the e)(1CUt!on therwf to be hie/her'
".. act and dMd CIa such ofroc:er on behalf of IOid cOf1lO"ltion.
IN WITNESS WHEREOF. I heM heNto Nt by hand and MOl an the abow
deM.
1.&11 HARTMAN a A.SOCIA nl, .c.
a engineers. hydrogeoioQisbl. su~ & management consultants
~~ 201 fAST PlNf SmEET -. SUTE 1000 - OIIUINOO. Ft 32801
__ TEl..fllHON[ (401) 8.>>-J8!5 - I'M (407)839-3110
. UCEI&D IU!INfSS NO f5114
THIS PLAT, ~ RECORDED IN ITS GRAPHIC FORM, IS THE ORIGINAL DEPICnON
Of THE SUBDMDED LANDS DESCRtBED HEREIN AND WILL IN NO CIRCUMSTANCES
BE SUPPlANTED IN AUTHORITY BY /4HY OTHER GRAPHIC OR DIGITAl FORN OF
THE PLAT. WHETHER GRAPHIC OR DIGITAL. THERE WAY BE AOOlnONAL RESTRICTIONS
THAT ARE NOT RECORDED ON THIS PlAT THAT MAY BE FOUND IN THE PUBLIC
RECORDS Of THIS COUNTY.
'*
Notary ~
Horne:. ........
My commieIion ExpirwI:
~ ~
"..,......:
PLAT
BOOK
.; .~
..-,:
PAGE
"Ieno" CUDS AT TUSCArlLLA
(A ,PARTlAL REPLAT)
~
KNOW AU. WOf BY THESf: PRESENTS, That the Umlted Portnntlip nernect Mlow.
~ the ow,*, in f.. .... ., lMdI dwcribed In the fortoiAt captiOfl to .
ttW plot. hereby cledicate8 Mid IondI oncl ,.. for the _ __ purpGMa
thentin expr_ed and dedicota (,1 the ,.. ..,... tiu. to Troct A.
WIcldow Way. ....~ Court. SVatford OrM, Ailhfonl om. end ~
Couft to the ~ Creene at TuecowlIo CoImtunay ~. Inc.. (Il>
011 dr~ eo8Mlent1l. wGlI ~. ..... ...".. and ...~.
_nt to the ~. ~ at TU8Cft4Ia CotnmUfWty ~ion. ~.,
(iIi) h. -.ctricGI ..~ to F1orido ~ CO'PDnItioI.. ~) . t.ft foot
utiIltf eoswMnt eIolIt tIM front to r..t of eodI 1Gt. te the CIty of Winter
SprI"98 and privote utility COI'I'IpGnlee euItlotlzed by the undwIi9Md to ~
utiIlty ..Nioo to the sullcl.lIIlG11, (v) . utility ~ and on ...... ~
ao_1t fOf' putIlIc .-vice veh~, ....n the riQhta-of-~ of WlcIcIow ..."
tWwc;... Court, Stratford Drive. Ashford Drive and 1wonda6e Court to the. City
of Winter Spflnge and prlvote ut." ...... aulttol1zH by the Ufldeni9ned.
and (vi) the Mnitory __ eo~ to the City cI WInter 5fwtn9s.
IN WITNESS WHOtEOr the underalgneO
WlCl<LOW, l.IMffED
A Florido LImited Portnentlip
By: EWH 0fIlN<<)(). INC.
SlEVEN M.'sMtAW: . . . . . . . .
PRESIDENT
Si9"ed and seoled in the preMnCl of:
. ............................
PRINTED NAME
THIS IS TO CERYWY. That an. ........"...... .
before me. on off'~ duly outhorized to toke ocknowtedvementa in the
State and County otoreaoid. penIOl'IoIIy appeared
the PRESIDENT Of EYH_ORlNlDO. INC..
. ............... . ~~rNJll'tfllQf..
of tho Obow nomtd Limited Partnenlhip formed under the Iowa. of h
State of f1orido is ..-oIy known to me (Of' '- producelI the following
i-.,tifieotion and did (did not) toke on oath that
he/" is the person deecribed in and wM ex"utod the f~ dedication
ond MWrolly od<nowledged the .xec:u~ thereof to be his/_ ...... oct and
deed " such officer duly authorized and thot the Mid Oedleotion ie the free
oct and dNd of eold OffIcer on behalf of the LImIted Partnerahip.
IN WITNESS WHEREOf, I hove hereto set my hand and MOl on the above
dote.
'NOTARY' PUBUc' . . . . . . . . . . . . . . . . .
My Commiaion Expires. . . . . . . . . . . . . .
.QUAlIFICA'DONS ST A TEMEtiI
OF SURVEYOR ANO MAPPEB
KNOW AlL MEN BY TH[S[ PftESENTS. That the undel siglled, beincJ
o Iic-.d sunoeyor oncI mapper. don hereby ceRify ttlot on
he completed the surwy of the IcIn*
CIS shown in the foretOin9 plot of plan; ttlot ~ pkrt ia " true
and correct repreMfttotlon of the IoncIe surveyed ondplott4ld or
subctMcled and _ mode Uflder my nISpOMlbIe direction and
supervision; ttlot permonent mer.nc:. monuments heM been placed
ClII ___ tWeon; oneS that the survey doto compIiM with 011 of
the ~ of Chapter 177. Florido Statutes; on<l that eoid
Iond is IocGted in the C'1ty of Wint., Springs; Seminole County. Florida.
Siqnoture~ . . . . . . . . . . . Doted:. ..... . . .. .
Name: . ~.I..L~K~ . . . . . .~. No.:. . . .50?6. . . . .
. ~.~. ~~~S: ":lC~ . ~8!"!d .~5ir!e~; . .5t!14.
. 2.01. E; ~ ~" S!E .l~ . . . . . . . . . . . .
. q~1 t:L ,32.80.1 . . . . . . . . . . . . . . . .. .
~RTIFICATE OF AP.E.ROVAL
.By MUNJCIPAI.I1Y
THIS IS TO CfRYIF'V. That on . . . . . . . . . . . . . . . . . VIe
. approved the fOf't9Oln9 plot.
. . . . . . . . . . . . . . JAAYM
ATTEST:
. . . . . . . . . . . . . . . . . .CITY a..ERI<
~RTlFlCME OF CITY SURVE:lQB
I hereby certify that I hove eleGminM the foregoing pfat and ... it to
comply in form with the r.rements of Olapter In. ~ Statutes.
By:. . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Printed Nome: ~f!ALP f..~.~ .~.~. ~
Florida Certificate No.. .~, 7. . . . . . . . . . . . . . . .
~RTIFtCATE OF CLERK OF CIRCUIT CO~BI
I HER[8Y' CERTIFY. That 1 h<M elllllmined 1M f<<e9oln9 plot ond fIn4 It .
compliec lfl fonn with all the requirelMnta of Ctlopter 1 n. F'1orIdo St.Gtutt!J.
and woe filed few rw:ord on
. . . .. .' . . . . . . .. . . . .. . . .
Qt. ............ .f1LENO. ..........
Clerk of the Court
in and for Seminole County. Aorido
by. ... . . . . . . . . . . . . . . . .D.C
t. .-..;pv...... '..'- .- '-.. ':7...
'" . .)....
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". .?~ ",:",~..:._~ ":"., .,;" ~', ;.~. " '. '!"
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-;;,~"~'~F~-' "~-" '0;;~;-?7"i;:-' 7:-:;:~~,?:~~
'. :"l..t~~~
.~';;'~;' f'
WICKLOW GREENS AT TUSCAW/LU<',
A REPLAT OF A PORTION OF WOODSTREAJI, PLAT BOOK 24, PAGES 97 ~~98: ~
AND A PORTION OF PHlUP R, YOUNG GRANT, PLAT BOOK 1, PAGES 35-3fJ
S r: N () so.. G 3
N CITY OF WlliTER SPQlNGS. SEMINOLE. COUN7:Y. FWRIDA
.~,q ';-' -....... ,~. ~..,~_., ~::,:';.._-'~c'.....:"'"
(,., :..0
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10' DRAINAGE. EASEMOH
No. IWllUS DELTA Me CttORO CHORD BIIG.
el JOOIl.OO OT14'3r 117.47 117.... :tl.81'34'14',[.
C2 JOOO.OO or5Tll 1S4.M 154.92 "'81'12' 46"E.
C3 ~.OO 3G'8e'1t" 26.~ 26.00 1I....19~ "E.
C4 SO.OO J8'ITte" 26.43 26.12 N..}f27'11 "E.
C! 50.00 48'22'5r 42.22 40.. N.04'>>'~
C6 50.00 4T~40' 41.80 ~.58 N.~J8'l'
e7 I!Il.OO 11'21 5&~ n.ft 70.32 1:58"43'54' .
C8 {35.00 JJ"O$'W 2O~5 11.97 N.JO'37'25"E,
C9 ~.OO 132":>>'07 19.87 IUl S.63'2756".
Cl0 50.00 24S'4.1'0J" 2 1 4040 34.02 N.4J1JS' 32".
Cl1 36.00 65'41'03 40.12 37." S.48"S3'2I"W.
C12 ~,oo 90'00'00. >>.27 3U6 . N.5SI 5'6O"W.
C13 25.00 94'50'02' 41..38 .1&.81 1I.37'Oa'OI"E.
C14 825.00 or4~ 29' 110.'" 110.tO N. '.-07' 14"W.
CIS 825.00 06'44'19' 91.03 96.. /11.21"20.39....
C16 825.00 OTO,'25' 101.13 101.07 N.28" I 3'3''''.
C17 0.00 21'21'13- 299. .,. 2t8.OJ N.21'OO'07"Yf.
Ctf t71SAlO. . '''OO'J5~, ~1.13 1255.. it ,.,.1' tn.
CiS 775.00 . ,2Q.64 l39.S2 U"'4f~OI'L
C2() 7'F.1.00 to'05'2r 135.41 1.36.32 S.I5"lI'44"[.
C~1 82S.OO 2f'28'13' ".\5 301.34 N.21'OO'OrYf.
C22 25.00 89'27'41' J8.03 35.19 N.7"OO'2f'r.
C23 25.00 9759'56" 40.58 31.27 N.14'45'~"E.
.C24 n.4t InS'.3- 77.51 73.87 S.lO'J7'S2"Yf.
C25 47.49 122'06'33- 101.22 83.12 $.00"12'27"Yf.
C2i6 50.00 240'50'~' 110.18 ..23 S.59'34']5
e27 91.>49 IS'I,'28" 25.85 'an $.53'>>'59
C28 97.49 .....32.52. 15.80 7U1 5.23'47'50
C29 97.49 01'31'24" 2.59 2.59 5.00'4S'42"Yf.
C3D 97.49 61'15'43- 104.~ 99,35 5.3O'37'52"Yf.
e31 50,00 10' 16'00" 8.1& 8.95 S.05'08'OO"[
C32 50,00 J3'54 '16" 2959 29.16 5.27'1 J'on:
C33 50.00 75' 10'08' 65.61 61.00 S.81'45'50't.
C34 50.00 41'01')6- 41.04 39.90 N. Jr07 '48"E.
~r
2f
SCAlE 1- - 100'
f.tv"?-
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0+ ..f~
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c;~
~/
/
~
~\
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(' ~ ~':--.. Radiu.-
<<:-v ~ 'Delta- 10'06'26-
~ o*" <0 ATe- 65.03 PC
",0 (')..0 'tY Tan.... N.""27'83"E.
OV v:"\ (DESC)
~ ~ <0 Ton. - N.44'27'2 -E.
(3'0 G<V 7/'
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PAGE
- "' - ..,)\
/:oe;'
,j
No. fW)IlJS DElTA 'ARt I tlIO'lO ~RF
C35 50.00 7~2r!l)- iUS 60.50 "W.
CJ6 775.00 28'39'67. 387.14 ..11 ....:l~ .
tJ1 100.0O Ot'48'18" 25.41 25.41 S.~721'03".
CJe _.00 OTJO ,,: , 04.95 'OUT fs.sx<40'50".
CJ9 110O.00 07"34 &r 105.66 105~ 5.<<r<a', ~, .,."" ~.....
CAD 800.00 01't 1'44" 100.47 100. -40 iii~'
C41 808.00 00'33 22 1.76 7.7. . $-, ..... ,'.-. '
C42 25-.00 -tn3'e-t. 20.17 IU2 nt;.
C43 ~.OO 35"Q4'U' JUl a.1J . s.ernll ~
C44 750.00 0S'M'5O" 77.41 17.31 s:5e'l"- - \
C45 750.011 I~'OJ~ '23.93 12J.79 s..
CoM ~tlO D8'00.,.. 117.15 117.83 '-...;
C41 25.00 11'S1'13" 5.17 5..M s.2
C48 25.00 Je'JO'31 " lUO 16.... s.or45 4
'49 25.80 5V21'..." 2t.97 21.27 ~s.a 4f24
~ 50.00 61'14'22- . 53.44' SO,IJ l' j:
CSt 50.00 231'44'" 12Ca2l 16.7f H.t)
!C52 soo 113.1" t5.M. lUI "
C'5-' ~.OO , TJe"T&" '6.41 15.!! S.U'U'27' '. ~
C54 4Ul.6S onJ'OJ- 8.90 ':UO s.~T1r
C56 2511> 97"24'42' 4Z.!Xl 31.57 N.l1'''.' .p.
..11
10'l0'1O' 803 ~~~ . ,', ~
C56 475.00 84.22 ,.
CST . 475.00 . . 61.. .67.62 H.t :l
CS8 500.00 ClI'20"5' 37.85 37:84 N.'''34'' I "W.
C59 500.00 13'59~" 122.16 l21. IU4....'n:
C60 .500.00 18"20' 10. 180.01 15UJ . NJ2"J4."
C6t 50.00 40'20'05' '>>'10 34.48 S.UJ4'06 . .-
C62 50.00 .4T56'01' 41.83 40.62 S.7T.2'.~ . ..:~
C6J 50.00 &0'13 55' 52.56 50'" 1U8' I 2'53
C64 47.2$ ~'07- 48.19 46.13 ".want
C65 50.00 193'54'32' 169.22 99.26 H.6I'.' .,
C66 2$.00 85'.}4'22' 37..}4 .13.. s:, $'28'.....
C67 475.00 18'2.0'10. ISUH 151..16 "'22'.)4'08~ .
C68 525.00 on4'42" 87." 67.87 N.2I'01. '52'
C69 35.00 44'17'12" 27.05 26.J8 N.I7'5O'eg
C70 50.00 "-29'''" 16.14' ":OT l"-Of"..3T.
,
~
1. All LOT UNES ARE RAOW.. UNlESS OTHERWISE NOTED ~ (NR).
2. fASOotENTS ALONG SfOE LOT lINES ARE CEHTERE'O ON THE LOT UNE
(UNlESS OTHERtSE NOTED)
'Oot
~ /0,
. ,
24
8
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j30.09
PHILIP R. YOUNG GRANT
(PB, 1, PGS 35-38)
GOLF COURSE
25
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-L NORTHERLY BOUNDARY LINE
. WINTER SPftINGS UNIT 3.
PLAT BQOt(. 1 7. PAGES 89 It 90.
~
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HARTMAN a a"OCIATD, .c.
.~ hydt~, SUMyOrS &: mOflOgelMnt consultants
201 fASr ~ STAID - SLm:.1OOO - ~,n 32801
Tn.CPHQN[ (407) 8>>-3955 - . FM. (407) 839-'}790
UCofsED IIUSIGS ~. 168'.
MATCH UN[ -A.
o 441
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NORlHERLy. IQUNONW UHf
~ SPRINGSUNfT 3,
PlAT. lOOK 11, PH;E'S If _ 10.
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.'
November 6, 1998
To:
Mayor
Commission
City Manager
City Clerk@'
~ ,,'
Land Development Coordinator -
From:
Re:
Commission Meeting November 9, 1998
Consent Agenda Item H
Attached are the covenants for Wicklow Greens at Tuscawilla which were inadvertently left out
of the agenda item package.
;
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS
FOR
WICKLOW GREENS AT TUSCAWILLA
Prepared by and return to:
Stephen M. Samaha, Esq.
Annis, Mitchell, Cockey, Edwards
& Roehn, P.A.
P.O. Box 3433
Tampa, FL 33601
TABLE OF CONTENTS
Paqe
ARTICLE I - DEFINITIONS . 2
1.1 "Architectural Review Board" 2
1.2 "Assessment" 2
1 . 3 Association" 2
1 . 4 Board" 2
1.5 City" 2
1.6 Common Expenses" 2
1.7 Common Property" 2
1.8 Common Streets and Roads" 3
1.9 Community Wall" 3
1.10 'County" 3
1.11 "Declaration" . 3
1.12 "Design Standards Manual" 3
1.13 "Developer" . 3
1.14 "Governmental: Regulations" 3
1.15 "Institutional Lender" 3
1.16 "Improvements" 4
1 . 1 7 "Lot (s) " '4
1,18 "Owner" . 4'
1.19 "Plat" 4
1,20 "Residential Property" 4
1.20.1 "Surface Water or Stormwater Management
System" . 4
1.21 "Subject Property" 5
1.22 "Wicklow Greens at Tuscawilla" and "Wicklow Greens
at Tuscawilla Community" 5
ARTICLE II - OBJECTS AND PURPOSES . 5
ARTICLE III - EFFECT OF DECLARATION 6
3,1
3.2
3.3
Covenants Running with Land.
Property Affected.
Parties Affected.
6
6
7
ARTICLE IV - PROPERTY SUBJECT TO DECLARATION
7
4.1
4.2
Subject Property.
Addition of Property.
7
7
ARTICLE V - USE CLASSIFICATIONS
7
5,1
5.2
Residential Property.
Common Property.
7,
8
i
ARTICLE VI - PERMITTED USES .
6.1 Residential Property.
6.2 Common Property.
ARTICLE VII -USE RESTRICTIONS - RESIDENTIAL PROPERTY
7.1
7.2
7.3
7.4
7.5
7,6
7.7
7.8
7.9
7.10
7.11
7.12
7.13
7.14
7.15
7.16
7,17
7,18
7.19
7.20
7.21
7.22
Single Family Only.
Ownership and Leasing.
Subdivision. .......
Commercial Activity.
Offensive Activity. .
Animals and Pets. . .
Commercial and Recreational Vehicles,
Golf Carts, . . . . . . , . , .
Maintenance. ....,.....
Reconstruction of Damaged Improvements.
Garbage and 'Garbage Containers.
Burning. .....
Storage Tanks. . . . .
Mineral Exploitation. .
Laundry and Clothes Drying.
Radio Transmission Equipment.
Signs. .
Trees. .....,.
Drainage. . . . , . ,
Rules and Regulations.
Enforcement.
Precedence
Regulations.
Over
Stringent
Less
Governmental
8
8
8
8
8
8
8
9
9
9
10
11
12
12
12
13
13
13
13
13
1:4
14
14
15
15
ARTICLE VIII - BUfLDING RESTRICTIONS - RESIDENTIAL PROPERTY 16
15
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8,8
8.9
8.10
8.11
Building Type.
Approved Plans.
Governmental Regulations.
Design Standards Manuql.
Construction, . .
Construction Time.
Height Limitation.
Building Setback Lines.
8.8.1 Lots..
8.8.2 Corner Lots.
8.8.3 Exclusions.
Other Setback Lines.
8.9.1 Swimming Pools.
8.9.2 Swimming Pool Decks, Patios and
Enclosures.
8.9.3 Outbuildings and Accessory Structures.
8.9.4 Design Standards Manual.
Intentionally Blank
Dwelling Size. ...
ii
16
16
16
16
16
17
17
17
17
17
18
18
18
18
18 ,
18
18
18
8.12 Temporary Improvements. 18
8.13 Garages and Carports. 19
8.14 Curb Cuts. 20
8.15 Driveways. 20
8.16 Roofs. 20
8.17 Roof Structures. 20
8.18 Antennas, Etc. 21
8.19 Windows. 21
8.20 Reflective or Mirrored Glass. 21
8.21 Awnings, Shutters and Window Coverings. 21
8.22 Exterior Air Conditioning Equipment. 21
8.23 Fences and Walls, 21
8.24 Swimming Pool Screens. 22
8.25 Exterior Building Materials, Finishes and Colors. 22
8.26 Exterior Lighting. 22
8.27 Mailboxes and Other Delivery Boxes. 22
8.28 Underground Utilities. 23
8,29 Landscaping. 23
8.30 Grass. 23
8.31 Trees. 24
8.32 Irrigation Systems. 24
8.33 Artificial Vegetation. 24
8.34 Precedence Over Less Stringent Governmental
Regulations. 24
8.35 Waivers, Exceptions and Variances by Developer. 24
8.36 Architectural Review Board Approval 25
ARTICLE IX - COMMON PROPERTY
26
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
9.10
9.11
Additional' Property.
Restriction on Use.
Restriction on Conveyance.
Encumbrance as Security.
Use by Owners.
Delegation of Use.
Waiver of Use.
Administration and Care.
Rules and Regulations,
Community Wall.
Payment of Assessments Not Substitute
for Taxes.
26
26
26
27
27
28
29
29
29
29
30
ARTICLE X - ASSESSMENTS .
30
10.1 Assessments for Common Expenses.
10.2 Common Expenses.
10.3 Use of Assessments.
10.4 Prohibited Use of Assessments.
10.5 Lien for Assessments.
10.6 Personal Liability for Assessments.
10.7 Types of Assessments.
10.8 Regular Assessments.
10.8.1 Rate of Regular Assessments.
30
30
32
32
32
32 .
33
33
34
iii
10.9
10.10
10.11
10.12
10.13
10.14
10.15
10.16
10.17
10.18
10.8.2 Developed vs. Undeveloped Lots.
10.8.3 Notice of Regular Assessments.
10.8.4 Commencement of Regular Assessments.
10.8.5 Insufficient Regular Assessments.
10.8.6 Limitation on Increases.
10.8.7 Payment of Assessments.
10.8.8 Developer Option.
10.8.9 Reserves.
Capital Expenditure Assessments.
Special Assessments.
Individual Lot Assessments.
Quorum for Action Authorized Under Subsection
10.8,6 and Sections 10.9 and 10.10.
Uniformity of Assessments.
Exempt Property.
Subordination of Assessment Lien.
Certificate of Assessments Due.
No Defenses or Offsets.
waiver of Homestead and Other Exemptions.
ARTICLE XI - NON-PAYMENT OF ASSESSMENTS
11.1 Delinquency.
11.2 Notice of Lien.'
11.3 Foreclosure of Assessment Lien.
11.4 Collection from Owner,
11.5 Judgment Amount.
11.6 Remedies Cumulative.
11,7 Satisfaction of Lien.
ARTICLE XII - ASSOCIATION: PURPOSES, DUTIES AND POWERS
34
34
34
35
35
35
35
36
36
37
37
38
38
38
38
39
39
40
40
40
4'0
40
41
41
41
41
42
12.1 Objects and Purposes and Function. 42
12.2 Duties and Powers, Generally. 42
12.3 Duties of Association. 42
12.3.1 Payment of Common Expenses. 42
12.3.2 Levy and Collection of Assessments. 43
12.3.3 Other Services. 43
12.3.4 Insurance. 43
12.3 .5 Preserve and Enhance Beauty of Wicklow
Greens at Tuscawilla. 43
12.3.6 Promotion of Health, Safety and
Welfare. 43
12.3.7 Establish and Enforce Rules and
Regulations. 43
12.3.8 Other Activities. 43
12.3.9 Operate Without Profit. 44
12.4 Powers of Association. 44
12.4.1 Own and Deal with Common Property. 44
12.4.2 Levy and Collect Assessments. 44
12.4.3 Establish Reserves, 44
12.4.4 Sue and Be Sued. 44
iv
12.4.5 Borrow Money.
12.4.6 Employ and Contract.
12.4.7 Intentionally Blank.
12.4.8 Provide Public or
Services.
12.4.9 Enforce Declaration.
12.5 Limitations and Restrictions
Association.
44
45
45
Quasi
Public
45
45
on
Power
of
46
ARTICLE XIII - ASSOCIATION, MEMBERSHIP AND VOTING RIGHTS
47
13.1 Membership. . . .
13.2 Transfer of Membership.
13.3 Members' Rights.
13.4 Intentionally Blank.
13.5 Voting Rights.
13.6 Classes of Voting Membership; Number of Votes.
13.6.1 Crass.A.
13.6.2 Class B.
13.7 Intentionally Blank
13.8 Approval by Members,
47
47
48
48
48
48
48
49
49
49
ARTICLE XIV - EASEMENTS... . .
49
14.1 Easements Generally.
14.1.1 Utility Easements.
14.1.2 Drainage Easements.
14.1.3 Intentionally Blank
14.1.4 Wall and Landscape Easements.
14.1.5 Landscape Easements.
14.1.6 Conservation Easements. . . .
14.1.7 Intentionally Blank. ....
14.1.8 Construction and Sales Easements.
14.1.9 Association Easement. .
14.1.10 Common Roads and Streets.
14.2 Future Easements. . . . . .
49'
50
50
51
51
51
51
54
54
54
54
55
ARTICLE XV - ARCHITECTURAL AND LANDSCAPE CONTROL
56
15.1 Reservation of Architectural and Landscape
Control. . . . . 56
15.2 Architectural Review Board Established. 56
15.3 Architectural Review Board Authority. 56
15.4 Architectural Review Board Approval. 57
15.5 Objective Standards. 57
15.6 Rules and Regulations. 57
15.7 Subjective Judgment. 57
15.8 Review. . . . . 58
15.9 Applications. 58.
15.10 Procedure. 58
15.11 Approval. 59
15.12 Changes.. 59
v
15.13
15.14
15.15
Notice of Action.
Developer Action.
Exculpation for Approval or Disapproval of
Plans.
ARTICLE XVI - AMENDMENT
16.1 Amendment by Developer.
16.2 Amendment by Association.
16.3 Manifestation of Requisite Consent.
16.4 Effectiveness of Amendments.
16.5 Limitations on Amendments.
ARTICLE XVII - DURATION .
ARTICLE XVIII - ENFORCEMENT
18.1 Parties EntitleQ to Enforce.
18.2 Limitations on Enforcement Rights.
18.3 Enforcement by Owners.
18.4 Attorneys' Fees.
18.5 No Waiver.
18.6 Nuisance. .
18.7 Cumulative Rights and Remedies.
18.8 Effect of Invalidation.
18.9 Exculpation,
ARTICLE XIX - MISCELLANEOUS PROVISIONS
19.1 Constructive Notice and Acceptance.
19.2 Personal Covenants.
19,3 Governing Law.
19.4 Construction.
19.5 Article and Section Headings.
19.6 Singular Includes Plural, Etc.
19.7 Time of Essence.
19.8 Notice.
19.9 Development and Construction by Developer.
19.10 Assignment of Developer's Rights
Interests.
19.11 No Warranties,
and
vi
59
60
60
61
61
61
62
62
62
63
64
64
65
65
65
65
66
6'6
66
66
66
66
67
67
67
67
67
67
68
68
68
69
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS
FOR WICKLOW GREENS AT TUSCAWILLA
THIS DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS is made and executed this
, 1998, by WICKLOW, LTD., a Florida
partnership (hereinafter referred to as the "Developer").
EASEMENTS AND
day of
limited
W~I T N ESE T H:
WHEREAS, Developer is the record owner of fee simple title to
certain real property situate in Seminole County, Florida, which is
more particularly described as follows:
All lands included within and embraced by the
plat of ..wICKLOW GREENS AT TUSCAWILLA,
according to th~ plat thereof as recorded in
Plat Book ,Pages ,
Public Records of Seminole County, Florida,
which plat shall include the lands described
on Exhibit "A" attached hereto.
(hereinafter referred to as the "Subject Property") j and
WHEREAS, Developer intends that the
developed as a single family residential
"Wicklow Greens at Tuscawilla"j and
Subject Property
community known
be
as
WHEREAS, the Developer desires to insure that the Subj ect
Property is subdivided, developed, improved, occupied, used and
enjoyed pursuant to a uniform plan of development; and
WHEREAS, Developer desires to impose this Declaration upon the
Subject Property, to the effect that the lands within and
comprising wicklow Greens at Tuscawilla shall be subject to these
uniform covenants, conditions, restrictions, easements and
reservations,
NOW, THEREFORE, for and in consideration of the premises
hereof, Developer does hereby declare that the Subject Property
shall be and is hereby encumbered by and made subject to those
covenants, conditions, restrictions, easements and reservations
hereinafter set forth.
ARTICLE I
DEFINITIONS
For purposes of this Declaration, the following terms shall
have the following definitions and meanings:
1.1 "Architectural Review Board" shall mean and be defined as
the committee created and established by and pursuant to this
Declaration which is responsible for the review and approval of all
plans, specifications and other materials describing or depicting
improvements proposed to be constructed on Residential Property and
also responsible for the administration of those provisions of
Article XV of this Declaration involving architectural and
landscape control.
1.2 "Assessment" shall mean and be defined as any assessment
of an Owner and a Lot.by ~he Association for Common Expenses and
other items pursuant to, in accordance with and for the purposes
specified in Article X of this Declaration.
1.3 "Association" shall mean and be defined as Wicklow Greens
at Tuscawilla Community Association, Inc. , a corporation
not-for-profit organized and existing under the laws of the State
of Florida, or any successor corporation accepting the'
responsibilities of the Association under this Declaration,
1.4 "Board" shall mean and be defined as the Board of
Directors of the Association,
1.5 "City" shall mean and be defined as the City of Winter
Springs, a political subdivision of the State of Florida,
specifically including each and all of its departments and
agencies.
1.6 "Common Expenses" shall mean and be defined as those
costs and expenses of the Association more particularly identified
and described in Section 10.2 of this Declaration,
1.7 "Common Property" shall mean and be defined as all real
and personal property, rights and interests from time to time owned
or held by the Association for the common use, enj oyment and
benefit of all Owners, including, but not limited to the Community
Wall, the Common Streets and Roads, the stormwater management
tracts and facilities, the benefits of landscape and wall easements
shown on the Plat, the conservation easements shown on the Plat,
the benefit of the easements established by this Declaration or the
Plat for any common facilities that from time to time may be
installed on any Lot, and all easements, if any, granted to or for.
the benefit of the Association.
2
1.8 "Common Streets and Roads" shall mean and be defined as
the rights-of-way of all streets, roads, drives, courts, ways and
cuI de sacs within Wicklow Greens at Tuscawilla which remain
private and are not dedicated to public use, as the same are
described in and depicted on the Plat and all paving, curbs, gates
and other improvements, facilities and appurtenances located
therein, including street lights and utility lines.
1.9 "Communitv Wall" shall mean and be defined as any wall or
similar structure from time to time situated on the landscape and
wall easements as shown on the Plat, together with any footings,
related equipment, landscaping (including wiring or irrigation
systems) and other appurtenances.
1.10 "County" shall mean and be defined as Seminole County, a
political subdivision of the State of Florida, specifically
including each and all of its departments and agencies.
1.11 "Declaration" shall mean and be defined as this
Declaration of Covenants, Conditions, Easements and Restrictions
for Wicklow Greens at Tuscawilla and all amendments thereto and
modifications thereof as are from time to time recorded among the
Public Records of the County.
1.12 "Desiqn Standards Manual" shall mean and be defined as
that document or those documents that may be adopted, promulgated
and published by the Architectural Review Board, as the same shall
be amended from time to time, setting forth architectural and
landscape design standards, specifications and other criteria to be
used as the standard for determining compliance with this
Declaration and the acceptability of buildings, structures,
landscaping and all other improvements, constructed, erected,
placed or installed upon Residential Property as more particularly
provided in Article XV of this Declaration.
1.13 "Developer" shall mean and be defined as ELJH Orlando,
Inc., a Florida corporation, and such other person(s) to whom the
Developer specifically assigns by written instrument its rights as
Developer hereunder as to all or any portion of the Subj ect
Property, as described in Section 19.10 of this Declaration.
1.14 "Governmental Requlations" shall mean and be defined as
all applicable laws, statutes, codes, ordinances, rules,
regulations, limitations, restrictions, orders, judgments or other
requirements of any governmental authority having jurisdiction over
the Subject Property or any Improvements constructed or located
thereon, including, without limitation, those pertaining to
building and zoning.
1.15 "Institutional Lender" shall mean and be defined as and
include (a) any state or federal savings bank, commercial bank or
savings and loan association, any real estate investment trust, any
3
insurance company, any mortgage banking company, any mortgage
company, any pension and/or profit sharing plan or any other
lending or investing institution, generally and customarily
recognized as being engaged, in the ordinary course of its
business, in making, holding, insuring or guaranteeing first lien
priority real estate mortgage loans and (b) Developer, to the
extent that Developer shall hold a mortgage upon any portion of the
Subject Property, and all successors, assigns, assignees and
transferees of Developer who shall own or hold any mortgage upon
the Subject Property or any portion thereof which was originally
executed and delivered to and owned and held by Developer.
1.16 "Improvements" shall mean, be defined as and include any
buildings, outbuildings, structures, driveways, walkways, swimming
pools, patios, decks, fences, walls, landscaping, and any and all
other appurtenances,.. facilities and improvements of any kind,
nature or description constructed, erected, placed, installed or
located on Residential Property and any replacements thereof and
all additions or alterations thereto.
1.17 "Lot(s)" shall mean and be defined as a separate single
family residential building site within the Subject Property as the
same is subdivided and described by a number pursuant to and in
accordance with the Platc.'and shall include any Improvements from
time to time constructed,; erected, placed, installed or located
thereon. The Developer currently plans to plat a total of forty-
eight (48) Lots but it is under no obligation, express or implied,
to do so.
1,18 "Owner" shall mean and be defined as one or more persons
or entities who or which are alone or collectively the record owner
of fee simple title to any Lot, parcel, piece or tract of land
within Wicklow Greens at Tuscawilla, including Developer and its
successors and assigns, but excluding those having an interest in
any such Lot merely as security for the payment of a debt or the
performance of an obligation.
1.19 "Plat" shall mean and be defined as any of the plats of
the Subject Property, as recorded or to be recorded in the Public
Records of the County.
1.20 "Residential Property" shall mean and be defined as all
of the Lots.
1.20.1 "Surface Water or Stormwater Manaqement System"
means a system including, but not limited to, roadway and rear-yard
under-drains, 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 reuse water to prevent or reduce flooding,
overdrainage, environmental degradation, and water pollution or
otherwise affect the quantity and quality of discharges from the
4
system, as permitted pursuant to Chapters 40C-4, 40C-40, or 40C-42,
F.A.C.
1,21 "Subiect Property" shall mean all lands included within
and comprising WICKLOW GREENS AT TUSCAWILLA, as initially described
on Exhibit "A" attached hereto, together with any additional lands
the Developer may subsequently extend this Declaration to as
contemplated in Section 4.2,
1.22 "Wicklow Greens at Tuscawilla" and "Wicklow Greens at
Tuscawilla Community" shall mean and be defined as WICKLOW GREENS
AT TUSCAWILLA, the single family residential community planned for
and developed on the Subj ect Property as reflected on the Plat
recorded or to be recorded in the Official Records of the County,
including all Residential Property and Common Property.
ARTICLE II
OBJECTS AND PURPOSES
The covenants, conditions, restrictions, easements and
reservations set forth in this Declaration are hereby imposed upon
the Subject Property for the following objects and purposes:
(a) To establish Wicklow Greens at Tuscawilla as a
premier single family residential community in Central Florida;
(b) To create, develop, foster, maintain, preserve and
protect within Wicklow Greens at Tuscawilla a unique, pleasant,
attractive and harmonious physical environment which will
contribute to and enhance the quality of life for all residents of
and visitors to Wicklow Greens at Tuscawilla;
(c) To ensure that the development of Wicklow Greens at
Tuscawilla will proceed pursuant to a uniform plan of development
with consistently high architectural, environmental, ecological and
aesthetic standards;
( d)
development,
Lot, piece,
Tuscawilla;
To ensure the proper and appropriate subdivision,
improvement, occupation, use and enjoyment of each
parcel or tract of land within Wicklow Greens at
(e) To protect each Lot, piece, parcel or tract of land
within Wicklow Greens at Tuscawilla against the improper,
undesirable, unattractive, or inappropriate subdivision,
development, improvement, occupation, use and enjoyment of
contiguous, adjacent or neighboring Lots, pieces, parcels or tracts
of land;
(f) To encourage the development, construction,
maintenance and preservation of architecturally and aesthetically
attractive and harmonious Improvements appropriately designed for
5
and properly located on each Lot, piece, parcel or tract of land
within Wicklow Greens at Tuscawilla;
(g) To guard against the development and construction of
improper, undesirable, unattractive or inappropriate Improvements
and the use of improper, undesirable, unsuitable or unsightly
materials;
(h) To provide for the future ownership, management,
administration, improvement, care, maintenance, use, regulation,
preservation and protection of all Common Property within Wicklow
Greens at Tuscawilla and to provide for and assure the availability
of the funds required therefor;
(i) To provide for the establishment, maintenance,
preservation, protection and enhancement of consistently high
property values within Wicklow Greens at Tuscawilla;
(j) To accomplish, meet, satisfy and fulfill certain
Governmental Regulations and other governmental nequirements;
(k) To provide Developer with effective control over the
development, management, administration, care, maintenance, use,
appearance, marketing and sale of and the construction of
Improvements upon the Subj ect Property for so long as Developer"
shall own portions of the Subject Property; and
(1) In general, to provide for the development,
creation, operation and preservation upon the Subject Property of
an exclusive single family community of the highest quality and
order.
ARTICLE III
EFFECT OF DECLARATION
3.1 Covenants Runninq with Land. This Declaration and each
and everyone of the covenants, conditions, easements, restrictions
and reservations contained herein are hereby declared to be and
shall hereafter continue as, covenants running with title to those
portions of the Subject Property upon which the same are hereby
imposed as an encumbrance.
3.2 Property Affected. This Declaration and the covenants,
conditions, restrictions, easements and reservations set forth
herein shall be binding upon, inure to the benefit of and
constitute a burden upon all of the Subject Property in accordance
with the terms set forth herein. Accordingly, as more particularly
specified in this Declaration, all Lots, pieces, parcels and tracts
of land within the Subject Property shall hereafter be owned, held,"
transferred, sold, conveyed, demised, devised, assigned, leased,
mortgaged, occupied, used and enjoyed subject to and benefitted and
burdened by the terms and provisions of this Declaration and each
6
of the covenants, conditions,
reservations contained herein.
restrictions,
easements
and
3.3 Parties Affected. Except as hereinafter specifically
provided, this Declaration Shall be binding upon and inure to the
benefit of all Owners of the property affected and encumbered by
this Declaration, including Developer and the Association, and all
other persons having or claiming any right, title or interest in
such property. Accordingly, each and every person or party who or
which shall hereafter acqUire, have or claim any right, title or
interest in and to any Lot, piece, parcel or tract of land within
the Subject Property, whether by, through or under Developer or any
subsequent Owner, shall, by virtue of the acceptance of any such
right, title, interest or claim, whether by deed or other
instrument, or by operation of law or otherwise, and whether
voluntarily or involuntarily, be deemed to have acquired and
accepted such right, ,title, interest or claim in or to any such
Lot, piece, parcel or tract of the Subject Property subject to and
benefitted and burdened by the covenants, conditions, restrictions,
easements and reservations set forth in this Declaration the same
as if such person or party had specifically joined in and agreed
and consented to each and everyone of the terms and provisions of
this Declaration and the same as if each and everyone of the
covenants, conditions, easements, restrictions and reservations set
forth in this Declaration had been fully set forth in the deed or
any other instrument of conveyance pursuant to which such right,
title, interest or claim was acquired.
ARTICLE IV
PROPERTY SUBJECT TO DECLARATION
4.1 Subiect Property. The property which shall be subject
to, and encumbered, governed,. benefitted and burdened by this
Declaration shall be all of the Subject Property as the same is
herein defined and described.
4.2 Addition of Propertv. Developer hereby reserves to
itself and shall hereafter have the right, but not the obligation,
at any time and from time to time, in its sole and absolute
discretion, and without notice to or the approval of any party or
person whomsoever or whatsoever, to impose this Declaration or a
substantially similar declaration upon additional property adj acent
or contiguous, notwithstanding any right-of-way, to the Subject
Property which is now or may hereafter be owned by Developer, by
the filing of an appropriate instrument to that effect among the
Public Records of the County.
ARTICLE V
USE CLASSIFICATIONS
5.1 Residential Property. Residential Property shall include
each Lot.
7
5.2 Common Property. Common Property shall include all real
and personal property from time to time owned by the Association
and tracts of land, if any, shown on the Plat as owned or to be
owned by the Association, for the common use, enjoyment and benefit
of all Owners, including, but not limited to the Community Wall,
the Common Streets and Roads, the stormwater management tracts, the
benefit of landscape and wall easements shown on the Plat, the
benefit of the easements established by this Declaration for any
common facilities that from time to time may be installed on any
Lot, as provided in this"Declaration, and all easements, if any,
granted to the Association.
ARTICLE VI
PERMITTED USES
6.1 Residential. Property. Except as hereinafter provided in
Subsection 14.1.8 of.this Declaration, Residential Property shall
be improved as and' used, occupied and enjoyed solely and
exclusively for single family residential dwelling purposes and no
other uses or purposes whatsoever.
6,2 Common Property. Common Property shall be improved~
maintained, used, and enjoyed for the common recreation, health,
safety, welfare, benefit and convenience of all Owners and
residents of Wicklow Greens at Tuscawilla and their guests and
invitees.
ARTICLE VII
USE RESTRICTIONS - RESIDENTIAL PROPERTY
The use, occupation and enjoyment of Residential Property shall
be subject to and governed by the following covenants, conditions
and restrictions:
7.1 Sinqle Family Only. Except as specifically provided in
Subsection 14.1.8 of this Declaration, no use shall be made of
Residential Property other than for single family residential
dwelling purposes.
7.2 Ownership and Leasinq. Ownership of Residential Property
shall be for single family residential dwelling purposes only.
Accordingly, Residential Property may not be rented or leased for
any single period of less than twelve (12) months. No "time-share
plan", as that term is defined in Section 721.05, Florida Statutes,
or any similar plan of fragmented or interval ownership of
Residential Property shall be permitted.
7.3 Subdivision. No Lot shall be subdivided nor shall any
portion of a Lot less than the whole thereof be sold, conveyed or.
transferred without the prior written approval and consent of the
Developer. Nothing herein contained, however, shall prevent the
subdivision of a Lot by Developer in such manner that any portion
8
of a Lot may be sold, transferred and conveyed by Developer,
together with the whole of an adjacent or contiguous Lot such that
the whole of one Lot and a portion of another Lot which are owned
in common by the same Owner may be combined, developed and improved
by such Owner as a single unified home site. Once so combined,
developed and improved as a single unified residential home site no
such combination of a Lot and a portion of another Lot or
combination of two (2) or more Lots shall thereafter be
resubdivided into more than one (1) single family residential home
site. In the event of any such conveyance and combination, the
grantee from the Developer shall cause to be submitted an
application to modify or re-plat the lots affected by such
conveyance and combination.
7,4 Commercial Activity. Except (i) the permitted activities
specifically provided.in Subsection 14,1,8 of this Declaration, and
(ii) the use of a room or rooms within a residence as an in-home
office, no business, commercial, industrial, trade, professional or
other non-residential activity or use of any nature, type, kind or
description shall be conducted upon or from Residential Property or
wi thin any Improvements -located or constructed thereon. The use of
any residence must be primarily that of residential and~
accordingly, any in-home office use is secondary to the residential
use. No signs of any type advertising or describing in any way the
in-home office use or business are permitted to be placed anywhere
within the Lot or within or upon the residence. The activities or
business conducted at the in-home office shall not be such as to
generate traffic by customers, vendors or the like, through Wicklow
Greens at Tuscawilla or to the residence.
7,5 Offensive Activity. No illegal, noxious, unsightly or
offensive activity shall be carried on or conducted, upon or from
Residential Property nor shall anything be done thereon which may
be or tend to become or cause an unreasonable annoyance or
nuisance, whether public or private, to residents in the immediate
vicinity or to Wicklow Greens at Tuscawilla Community in general or
which may be or tend to become an interference with the comfortable
and quiet use, occupation or enjoyment of any other Residential
Property.
7,6 Animals and Pets. No reptiles, livestock, poultry or
animals of any kind, nature or description shall be kept, bred or
raised upon Residential Property, except for dogs, cats, birds or
other usual and customary household pets which may be kept, raised
and maintained upon Residential Property, provided that the same
are not kept, raised or maintained thereon for business or
commercial purposes or in number deemed unreasonable by Developer
or the Association, in the exercise of their reasonable discretion.
Numbers in excess of two (2) of each such type of household pet.
(other than aquarium kept fish) shall prima facia be considered
unreasonable. Notwithstanding the foregoing provisions of this
Section 7.6 permitting dogs, cats, birds or other usual and
9
customary household pets, however, no such reptiles, animals, birds
or other pets may be kept, raised or maintained on Residential
Property under circumstances which, in the good faith judgment of
Developer or the Association, shall constitute an unreasonable
annoyance, hazard, or nuisance to residents in the vicinity or an
unreasonable interference with the comfortable and quiet use,
occupation and enjoyment of other Residential Property.
7.7 Commercial and Recreational Vehicles.
(a) No truck, bus, trailer or other "commercial vehicle"
(as that term is hereinafter defined) and no mobile home, motor
home, house trailer, camper, van, boat, boat trailer, horse trailer
or other recreational vehicle or the like shall be permitted to be
parked or stored on Residential Property unless the same shall be
parked or stored entirely within and fully enclosed by a garage;
nor shall any such commercial or recreational vehicle or the like
be permitted to be park~d or stored on any street within the
Subject Property. Notwithstanding the foregoing, however, it is
expressly provided that commercial vehicles shall be permitted to
be parked on or in front of (but not adj acent to) Residential
Property on which bona fide ongoing construction activity is taking
place; nor shall the foregoing provisions of this Subsection (a)
apply to parking on "a temporary or short -term basis" (as that term
is hereinafter defined) .
(b) No passenger automobile or commercial, recreational
or other motorized vehicle, or the like, shall be dismantled,
abandoned, serviced, rebuilt, repaired, or repainted on Residential
Property. Neither shall any such automobile or vehicle be parked
or stored on Residential Property. Notwithstanding the foregoing
provisions of this Subsection (b), however, it is expressly
provided that the foregoing restriction shall not be deemed to
prevent or prohibit those activities normally associated with and
incident to the day-to-day maintenance, washing, waxing and
polishing of such vehicles.
(c) No motorcycle, motor scooter, moped, ATV (all
terrain vehicle) or other two-wheeled, three-wheeled or four-
wheeled motorized vehicle, or the like, shall be permitted to b~
parked or stored on Residential Property unless the same shall be
parked or stored entirely within and fully enclosed by a garage.
(d) In the context of this Section 7.7, parking on "a
temporary or short-term basis" shall mean and be defined as parking
for a continuous period not exceeding twenty-four (24) hours in
duration. Parking on "a temporary or short-term basis" is
permitted only for (i) recreational vehicles belonging to over~
night guests of Owners, (ii) commercial vehicles used in connection.
with the furnishing of services and/or the routine pick-up and
delivery respectively, of materials from and to Residential
Property (including those commercial vehicles used in connection
10
with a bona fide current on-going construction of Improvements on
Residential Property), and (iii) commercial or recreational
vehicles belonging to or being used by Owners for loading and
unloading purposes only. Notwithstanding anything contained herein
to the contrary, parking on "a temporary or short-term basis" is
prohibited from occurring as to any Lot more frequently than three
(3) times in each calendar year.
(e) In the context of this Section 7.7 the term
"commercial vehicle" sha11 mean and be defined as a truck, motor
home, bus or van of greater than three-quarter (3/4) ton capacity
displayed on any part thereof advertising any kind of business or
on or within which any commercial materials and/or tools are
visible.
(f) The Developer and the Association shall, subject to
reasonable approval by the City, each be entitled and is hereby
empowered to adopt additional reasonable rules and regulations
governing the admission to and parking, use and storage of
commercial and recreational vehicles within Wicklow Greens at
Tuscawilla, and if so adopted the same shall be binding upon all
Residential Property and all Owners and their guests and invitees".
(g) Any commercial, recreational, or other vehicle
parked or stored in violation of these restrictions or in violation.
of any rule and regulation adopted by the Association concerning
the same may be towed away or otherwise removed by or at the
request of the Association and at the sole expense of the Owner of
the Lot upon which any such commercial, recreational or other
vehicle is parked in violation of these restrictions or such rules
and regulations. In the event of such towing or other removal, the
Association and its employees or agents shall not be liable or
responsible to the owner of such vehicle for trespass, conversion,
or damage incurred as an incident to or for the cost of such
removal or otherwise; nor shall the Association, its employees or
agents be guilty of any criminal act or have any civil liability by
reason of such towing or removal, and neither its towing or removal
nor the failure of the owner of the towed or removed vehicle to
receive any notice of the violation of the provisions of this
Section 7.7 shall be grounds for relief of any kind.
7.8 Golf Carts. No golf carts shall be permitted to be used
or stored on Residential Property or the Common Streets and Roads
unless first approved and licensed in writing by the Association in
its sole and absolute discretion. The Association, however, shall
not be authorized to approve and license any golf cart for use on
any of the Subj ect Property unless (a) the cart is in proper
mechanical condition and a good state of repair and appearance, (b)
the cart is of the same type, make, model and color of the golf.
carts generally used or previously approved by the owner or lessee,
from time to time, of the Tuscawilla Golf Course and Country Club
Property for use on the Tuscawilla Golf Course and Country Club
11
Property, (c) the cart is licensed by the owner or lessee, from
time to time, of the Tuscawilla Golf Course and Country Club
Property for use on such golf course, (d) said use is not a
violation of any applicable governmental rules or regulations, and
(e) said use does not increase the premium for any comprehensive
public liability insurance coverage either the Developer or the
Association may wish to elect to obtain for all or any portion of
the Subj ect Property. In no event shall the Association be
permitted to approve and license any golf carts equipped with a
radio, television, horn, ;buzzer or other sound equipment of any
type or decorated in any manner not approved by the Owner or
lessee, from time to time, of the Tuscawilla Golf Course and
Country Club Property. The Association shall be entitled to
establish and charge a uniform reasonable fee for its inspection,
approval and licensing of golf carts. Such fee of the Association
shall be separate and..apart from, and in addition to, any trail or
license fee charged by the owner or lessee, from time to time, of
the Tuscawilla Golf Course and Country Club Property in connection
with the use of any golf cart on the golf course,
7.9 Maintenance. Each Lot and all Improvements, including
landscaping, located thereon shall at all times be kept and
maintained in a first-class, safe, clean, wholesome and attractive
condition shall not be aLlowed to deteriorate, fall into disrepair
or become unsafe or unsightly. All exterior painted surfaces shall.
be painted regularly and well maintained. No weeds, underbrush or
other unsightly growth and no trash, rubbish, refuse, debris or
unsightly objects of any kind shall be permitted or allowed to
accumulate on Residential Property. Enforcement of the provisions
of this Section 7.9 shall be in accordance with the provisions of
Section 7.21 of this Declaration and such other provisions of this
Declaration as shall be applicable to its enforcement generally.
7.10 Reconstruction of Damaqed Improvements. In the event
that a 'residential dwelling or other Improvements on Residential
Property shall be damaged or destroyed by casualty, hazard or other
cause, including fire or windstorm, then, within a reasonable
period, not exceeding three (3) months following the occurrence of
the offending incident, the Owner of the affected Residential
Property shall cause the damaged or destroyed Improvements to be
repaired, rebuilt or reconstructed or to be removed and cleared
from such Residential Property. Any such repair, rebuilding or
reconstruction shall be approved and accomplished as otherwise
required pursuant to the provisions of this Declaration.
Enforcement of the provisions of this Section shall be in
accordance with the provisions of Section 7.21 of this Declaration
and such other provisions of this Declaration as shall be
applicable to its enforcement generally.
7,11 Garbaqe and Garbaqe Containers. All garbage and trash
containers and their storage areas .and the like shall be kept
within a garage or placed inside of an enclosure approved by the
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Architectural Review Board or behind opaque walls attached to and
made a part of the single family residential dwelling constructed
on each Lot and otherwise in conformity with applicable rules and
regulations. In no event shall any of the same be visible from any
adj acent or neighboring property including all of the Common
Streets and Roads. Further, all garbage and trash containers and
their storage areas shall be designed and maintained so as to
prevent animals from gaining access thereto. All such containers
shall be put out for pickup or removal, and shall be removed from
the street and placed back; in their storage areas the night of such
pickup or removal.
7.12 Burninq. No burning of leaves, trash, rubbish, garbage
or other waste materials of any type shall be permitted or
conducted on Residential Property. Nothing herein contained,
however, shall be deemed to prohibit the burning of wood, logs or
charcoal in properly constructed or installed fireplaces, barbecue
cookers or the like, whether inside or outside of any building or
other structure located on Residential Property.
7.13 Storaqe Tanks. No storage tanks, including but not
limited to, those for water, oil, propane gas or other liquid;
fuels or chemicals, including those used for swimming pools or the
like, shall be permitted' outside of a building on Residential
Property unless the same shall be placed inside of walls, fences or.
similar type enclosures in conformity with applicable rules and
regulations. In no event shall any of the same be visible from any
adjacent or neighboring property.
7.14 Mineral Exploitation. No exploration, mining,
quarrying, or drilling for or exploitation of gas, oil, phosphate
conducted on Residential Property.
7.15 Laundrv and Clothes Drvinq. No laundry or clothes
drying lines or areas shall be permitted outside of any building on
Residential Property unless the same shall be placed inside of
walls, fences, landscaping screens or similar type enclosures in
conformity with applicable rules and regulations adopted and
promulgated by the Association with respect thereto. In no event
shall any of the same be permitted if visible from any adjacent or
neighboring property:
7.16 Radio Transmission Equipment. No radio, microwave or
other electronic transmission equipment, including ham radios,
citizens band radios, walkie talkies and the like, shall be
operated on Residential Property without the prior written consent
of the Association, and such consent, once given, may be revoked by
the Association in the event that the operation of any such
equipment interferes with ordinary radio, telephone or television.
reception or equipment, including Wicklow Greens at Tuscawilla
central cable television and gate control systems.
13
7.17 Sions. No sign, billboard or advertising of any kind
shall be displayed to public view on Residential Property without
the prior written consent of the Architectural Review Board; except
as follows, to wit: (a) one (1) discreet, professionally prepared
sign not exceeding four (4) inches high and eighteen (18) inches
long identifying the name of the Owner and/or construction lender
of a particular Lot, and (b) one (1) discreet, professionally
prepared sign of not more than five (5) square feet placed on the
street side of a Lot identifying the architect and general
contractor responsible, .. respectively, for the design and
construction of a dwelling under construction on a particular Lot;
provided, however, that such sign is first approved in writing by
Developer, and (c) one (1) discreet professionally prepared "for
sale" sign of not more than five (5) square feet placed on the
street side of a Lot; provided, however, that such sign is first
approved in writing by the Architectural Review Board.
Notwithstanding the foregoing provisions of this section, Developer
specifically reserves for itself and its agents, employees,
nominees and assigns the right, privilege and easement to
construct, place and maintain upon Residential Property signs as it
deems appropriate in connection with the development, improvement,
construction, marketing and sale of any Residential Property".
Except as hereinabove provided, no signs or advertising materials
displaying the names or. otherwise advertising the identity of
contractors, subcontractors, real estate brokers or the like
employed in connection with the construction, installation,
alteration or other improvement upon or the sale or leading of
Residential Property shall be permitted.
7.18 Trees. No trees shall be removed from any Lot without
the prior written consent of the Architectural Review Board;
provided, however that such removal shall be in compliance with
Governmental Regulations. Such approval shall be reasonably given,
however, if such removal is necessary in connection with the
location of the main residential dwelling on a particular Lot where
the preservation of any tree would work a hardship or require
extraordinary design measures in connection with the location of
such dwelling on the Lot and the plans and specifications for and
location of one dwelling on the Lot have been approved by the
Architectural Review Board as provided in Article XV hereof. As
used herein the term "tree" shall mean and be defined as any
living, self-supporting perennial plant which has a trunk diameter
of at least three (3) inches measured at D.B.H. (at the base of the
tree) and normally grows to a minimum height of fifteen (15) feet.
Any tree (s) removed in violation of this provision shall be
immediately replaced with a tree of similar size and type.
7.19 Drainaoe. All storm water from any Lot shall drain into
or onto contiguous or adj acent street rights -of -way, drainage,.
easements, or retention areas. Storm water from any Lot shall not
be permitted or allowed to drain or flow unnaturally onto, over,
under, across or under any contiguous or adjacent Lot unless a
14
drainage easement shall exist for same and same is done in
accordance with any and all applicable governmental permits and
approvals. All work done on any Lot affecting or pertaining to the
Lot grade, original drainage plan, the flow of surface water
drainage, the alteration or removal of any drainage or
environmental berm or swale or any storm berm or swale, must be in
accordance with the site grading and drainage plans for the Lot
approved by the City.
7.20 Rules and Requlations. In addition to the foregoing
restrictions on the use of Residential Property, the Association
shall have the right, power and authority, subject to the prior
written consent and approval of Developer, to promulgate and impose
reasonable rules and regulations governing and/or restricting the
use of Residential Property and to thereafter change, modify,
alter, amend, rescind and augment any of the same; provided,
however, that no rules or regulations so promulgated shall be in
conflict with the provisiQns of this Declaration. Any such rules
and regulations so promulgated by the Association shall be
applicable to and binding upon all Residential Property and the
Owners thereof and their successors and assigns, as well as all
guests or invitees of and all parties claiming by, through or under
such Owners.
7.21 Enforcement. In the event of a violation of or failure
to comply with the foregoing requirements of this Article VII and
the failure of the Owner of the affected Lot, within fourteen (14)
days following written notice by the Association of such violation
or non-compliance and the nature thereof, to cure or remedy such
violation, then the Association or its duly appointed employees,
agents or contractors, shall have and are specifically granted an
easement and license, at the Association's option, to enter upon
the affected Lot or any portion or portions thereof or Improvements
thereon, without being guilty of any trespass therefor, for the
purpose of undertaking such acts or actions as may be reasonably
necessary to cure or eliminate such violation; all at the sole cost
and expense of the Owner of the affected Lot. Such costs and
expenses, together with an overhead expense to the Association of
fifteen percent (15%) of the total amount thereof shall be assessed
by the Association as an Individual Lot Assessment. An Individual
Lot Assessment shall be payable by the Owner of the affected Lot to
the Association within ten (10) days after written notice of the
amount thereof. Any such Individual Lot Assessment not paid wi thin
said ten (10) day period shall become a lien on the affected Lot in
accordance with the provisions of Section 10.5 of this Declaration.
7.22 Precedence Over Less Strinqent Governmental Requlations.
In those instances where the covenants, conditions and restrictions
set forth in this Article VII set or establish minimum standards or.
limitations or restrictions on use in excess of Governmental
Regulations, the covenants, conditions and restrictions set forth
in this Article VII shall take precedence and prevail over less
15
stringent Governmental Regulations. Conversely, in those instances
where Governmental Regulations set or establish minimum standards
or limitations or restrictions on use in excess of the covenants,
conditions and restrictions set forth in this Article VII, the
Governmental Regulations shall take precedence and prevail over the
less stringent, covenants, conditions and restrictions set forth in
this Article VII.
ARTICLE VIII
BUILDING RESTRICTIONS - RESIDENTIAL PROPERTY
The erection, placement, construction, repair, replacement and
installation of all Improvements on Residential Property shall be
subject to and governed by the following covenants, conditions,
restrictions and reservations:
8.1 Buildinq Tv.oe. As the use of Residential Property is
limited to single family ,residential dwelling purposes only, no
building or structure other than one (1) single family residence or
dwelling and its related appurtenances, facilities and Improvements
shall be placed, located, erected, constructed or installed or
permitted to remain on Residential Property.
8.2 Approved Plans.,. All Improvements must be constructed in
accordance with detailed' plans and specifications prepared in'
conformance with all applicable Governmental Regulations and
approved by the Architectural Review Board prior to the
commencement of construction as more particularly provided in
Article XV of this Declaration.
8.3 Governmental Requlations. All Improvements placed,
located, erected, constructed and installed upon Residential
Property shall conform to and comply with all applicable
Governmental Regulations, including, without limitation, all
building and zoning regulations of the City, particularly those
applicable to the Tuscawilla PUD.
8.4 Desiqn Standards Manual. All Improvements shall be
placed, located, erected, constructed, installed and maintained on
Residential Property in conformance with the Design Standards
Manual for which provision is made. in Article XV of this
Declaration as the same may be changed, amended or modified from
time to time.
8.5 Construction. The construction of all residential
dwellings and other Improvements on Residential Property must be
performed only by such general contractors as are (a) licensed in
the State of Florida and the City to engage in the business of
residential building and construction and (b) approved in writing.
by Developer as being qualified and otherwise acceptable to
Developer to perform construction work within Wicklow Greens at
16
Tuscawilla. The latter approval shall be within the sole and
absolute discretion of Developer.
8.6 Construction Time. Unless and otherwise approved by the
Architectural Review Board in writing, construction of residential
dwelling and other Improvements must be commenced not later than
six (6) months from the date that the Architectural Review Board
issues its written approval of the final plans and specifications
therefor. If construction does not commence within such six (6)
month period the plans~ and specifications for any proposed
construction must once again be reviewed and approved by the
Architectural Review Board in accordance with the provisions of
Article XV of this Declaration and any prior approval of the same
by the Architectural Review Board shall no longer be binding on the
Architectural Review Board. Upon commencement of construction,
such construction shall be prosecuted diligently, continuously and
without interruption to completion within a reasonable time; but in
no event more than one (1) year from the date of the commencement
of such construction, however, the Architectural Review Board shall
have the power and authority to extend the period permitted for
construction, as aforesaid; provided that the Owner and general
contractor involved make written application for such extension
stating the reasons for the requested extension of time and
provided further that the Architectural Review Board, in the
exercise of its reasonable-discretion, determines that the request
is reasonable and the extension is warranted.
8.7 Heiqht Limitation. No Improvement on Residential
Property shall exceed thirty-five (35) feet in height, from the
finished grade to the roof peak at its highest point, except as
expressly permitted by the Architectural Review Board. Each
residential dwelling on a Lot shall consist of not more than two
(2) full stories (not including basement) unless otherwise approved
in writing by the Architectural Review Board.
8.8 Buildinq Setback Lines. No part of any building shall be
constructed, erected, placed or installed any closer to the
property boundary lines of Residential Property than as follows, to
wit:
8.8.1 Lots. No closer than thirty (30) feet to the
front yard (s~reet side) property boundary line; twenty-five
(25) feet to the rear yard property boundary line; and ten (10)
feet to the side yard property boundary lines on interior lots.
8,8.2 Corner Lots. Notwithstanding the side yard
building setback lines established elsewhere in this Section
8.8, the side yard building setback line on the side yard of
corner lots (i.e., on the street side of a Lot which is not the_
front of the residential dwelling constructed thereon) shall be
twenty (20) feet to the side yard property lines on the side(s)
of the property adjacent to street rights of way.
17
8.8.3 Exclusions. Those Improvements specified in
Section 8.9 below shall be excluded from the building setback
lines established in this Section 8.8.
8.9 Other Setback Lines. Improvements other than the main
residential dwelling on a Lot shall be placed, located, erected,
constructed or installed no closer to the property boundary lines
of Residential Property, by type of Improvement, than as follows:
8.9.1 Swimminq Pools. No closer than the otherwise
established side yard building setback line plus an additional
five (5) feet and no closer than fifteen (15) feet to any rear
yard property boundary line from the water's edge. No swimming
pools shall be constructed in front or side yards,
8.9.2 Swimminq Pool Decks, Patios and Enclosures. No
swimming pool deck or patio, whether constructed of concrete,
cool deck, aggregate. wood or any other material shall be
constructed nearer than ten (10) feet to any rear yard property
line or nearer than the otherwise established side yard
building setback line to any side yard property line. A screen
enclosure shall be constructed no closer than ten (10) feet to
any rear property line.
8.9.3 Outbuildinqs and Accessory Structures. All'
outbuildings and accessory structures shall be located within
the building setback lines otherwise established for the main
residential dwelling on any Lot unless otherwise approved in
wri ting by the Architectural Review Board. No such outbuilding
or accessory structure shall exceed twelve (12) feet in height,
measured from ground level, nor have an area in excess of two
hundred forty (240) square feet. No more than a total of two
(2) outbuildings or accessory structures, or combinations
thereof, shall be located on any Lot and no such outbuilding or
accessory structure may be utilized as living quarters.
8.9.4 Desiqn Standards Manual. All other
Improvements on Residential Property shall be set back from
property boundary lines, as specified in the Design Standards
Manual if one is in existence, otherwise as specified by the
Association.
8.10 Intentionally Blank.
8.11 Dwellinq Size. Each single family residential dwelling
constructed on Residential Property shall have a minimum heated and
cooled living area of twenty-five hundred (2500) square feet.
8.12 Temporary Improvements. No buildings, structures,
improvements or other facilities of a temporary nature, including
trailers, tents or shacks shall be permitted on Residential
Property; provided, however, that temporary improvements or
18
facilities used solely in connection with and during the period of
the construction of approved permanent Improvements may be
permitted by the Architectural Review Board, in its discretion,
during the period of the construction of such permanent
Improvements so long as the same have been properly permitted by
applicable governmental authorities, are located as inconspicuously
as possible, are removed immediately following the completion of
such construGtion, and are not utilized as living quarters. The
location of such temporary improvements during construction shall
be approved in writing by the Architectural Review Board.
8,13 Garages and Carports. No carports shall be placed,
erected, constructed, installed or maintained on Residential
Property. Each single family residential dwelling constructed and
maintained on Residential Property shall have an attached garage as
an appurtenance thereto, All garages shall be for not less than
two (2) standard sized passenger automobiles, Garages for more
than three (3) automobiles must be specifically approved by the
Architectural Review Board, Each garage shall have a minimum
width, as measured from inside walls, of ten (10) feet per car and
a minimum depth for each car of twenty-one (21) feet. Garages may
also contain appropriately sized storage rooms, recreational
workshops and tool rooms as approved by the Architectural Review
Board. Subject to the granting of a variance by the Architectural
Review Board as hereinafter provided, all garages shall be
designed, erected, constructed, installed or maintained as side
entry/load in such manner that the garage doors thereof shall not
face any street or the front of any residence. All garages must
have garage doors that are. operated by electric door openers kept
in operable condition and all garage doors shall remain closed at
all times; save and except for the temporary opening of same in
connection with the ingress and egress of vehicles and the loading
or placement and unloading or removal of other items customarily
kept or stored therein. No garage shall be converted to another
use (e.g., living space) without the substitution, on the Lot
involved, of another garage meeting the requirements of this
Section 8.13 of this Declaration and the approval of the
Architectural Review Board as otherwise provided in this
Declaration. Notwithstanding the foregoing provisions of this
Section 8.13, because of the peculiarities of the size, shape,
configuration, location and other physical characteristics of many
Lots within Wicklow Greens at Tuscawilla, it may be impossible or
impractical to design, erect, construct, install or maintain
garages in such manner that the garage doors thereof do not face
and are not visible from any street or the front of any residence.
Accordingly, it is expressly provided that Developer without the
consent of the Architectural Review Board, or the Architectural
Review Board only with the consent of Developer, in their sole and
absolute discretion, shall be entitled, and are hereby authorized,
to grant waivers of and/or variances from such restriction in any
particular instance and with respect to any particular Lot or
Improvement. To the extent that any such waiver and/or variance is
19
granted by the Developer and/or the Architectural Review Board, as
aforesaid, the same shall not be deemed to be a precedent for the
granting of such or any similar waiver or variance in any other
particular instance or with respect to any other particular Lot or
Improvement.
8.14 Curb Cuts. Vehicular access to each Lot on Residential
Property shall be through or over such driveway or driveways and
curb cut or curb cuts as shall be approved by the Architectural
Review Board prior to construction. The location, size and angle
of the approach of all driveways and curb cuts shall be subject to
the approval of the Architectural Review Board.
8.15 Driveways. All driveways, turnarounds and parking areas
shall have a concrete base and shall be paved or finished with a
hard dust-free material approved by the Architectural Review Board
or otherwise specified in the Design Standards Manual. Each
driveway shall extend -the ,entire distance from the garage door to
the paved portion of the street or roadway in front of or adjacent
to the Lot on which such driveway is constructed.
8.16 Roofs, The roofs of the main body of all buildings ancl
other structures, including the principal residence, shall be
pitched. No flat roofs shall be permitted without the approval of
Developer and the Architectural Review Board. Developer and
Architectural Review Board may, in their discretion, approve flat
roofs on part of the main body of a building if architecturally
compatible with the remainder of the roof structure, the particular
building on which it is to be constructed and all adjacent
residences and other structures. The pitch of all roofs shall be
not less than six inches (6") in twelve inches (12") (6/12
vertical/horizontal) or as otherwise specified in the Design
Standards Manual. All roofs shall be constructed of clay, tile,
cement tile, slate, standing seam copper, cedar shake shingle, 30-
year architectural dimensional shingle or other materials specified
in the Design Standards Manual or otherwise approved by the
Architectural Review Board. All roof colors must be approved by
the Architectural Review Board. No pure white, pure black or pure
primary colored roofs shall be permitted.
8.17 Roof Structures. No antennas, windmills, appliances,
rooftop attic ventilators, fans, solar collector panels or other
rooftop installations or structure of any type shall be placed,
located, erected, constructed, installed or maintained upon the
exterior roof of any building or structure unless the same shall
first be approved in writing by the Architectural Review Board and
shall otherwise be erected, constructed, installed and maintained
on the rear yard side of the roof or otherwise in such manor and at
such location that the same shall not be visible from any street or.
neighboring residences.
20
8.18 Antennas, Etc. No antennas, aerials, discs, dishes or
other devices for the transmission or reception of radio or
television signals or any other form of electromagnetic radiation
or communication shall be erected, constructed, installed, used or
maintained outside of any building or structure on Residential
Property whether or not the same is attached to or detached from a
building or a structure. Provided, mini-dishes may be permitted as
exceptions pursuant to Section 8.35 if the diameter and location of
the mini-dish is acceptable to developer.
8.19 Windows. The windows of all buildings on Residential
Property shall have frames and window hardware, if any, constructed
of wood or such other materials as shall be in conformance with the
applicable provisions of the Design Standards Manual. In no event
shall raw or silver aluminum windows be permitted.
8.20 Reflective or Mirrored Glass. No reflective or mirrored
glass shall be used on, .in or for the windows or doors of any
buildings or other Improvements constructed upon Residential
Property. No tinted windows or doors shall be permitted unless
first approved by the Architectural Review Board in writing taking
into account the degree of tinting and the aesthetics of the
Improvements involved,
8.21 Awninqs, Shutters and Window Coverinqs. No window of any
building or other Improvements constructed upon Residential
Property shall be covered by any awnings, canopies, shutters,
(including hurricane or storm shutters), boards, or similar type
window coverings, except as approved by the Architectural Review
Board or such as may be required for protection from storms and
only then during the period of any such storm. Nor shall any such
windows be covered by or coated with any foil or other reflecting
or mirrored materials. The foregoing restriction shall not be
construed as a prohibition against decorative exterior shutters
located to the side of window openings or as a prohibition against
suitable awnings located over or above window openings.
8.22 Exterior Air Conditioning Equipment. All air
conditioning compressors and othe~ equipment located outside of
residential dwelling shall be screened from the view of street and
road rights-of-way, and adjacent Lots by opaque walls attached to
and made a part of each single family residential dwelling and
otherwise in conformity with the applicable provisions of the
Design Standards Manual or as otherwise approved by the
Architectural Review Board. Absolutely no window or roof mounted
air conditioning units shall be permitted for any residential
dwelling, other than as may be approved by the Association for use
in an outbuilding or accessory structure.
8,23 Fences and Walls. Other than those constructed by
Developer and/or the Association within the Wall and Landscape
Easements established pursuant to Subsection 14.1.4 of this
21
Declaration or pursuant to the Plat, no fences or walls shall be
erected on Residential Property unless approved in writing by the
Architectural Review Board. The height of all fences or walls
shall be subject to the control and approval of the Architectural
Review Board. All fences and walls shall be constructed of wrought
iron, brick, painted and exterior-treated wood, stucco or other
masonry materials and shall conform to guidelines and
specifications otherwise set forth in the Design Standards Manual.
Exception to such specifications may be permitted by the
Architectural Review Board, in its discretion; provided, however,
that in no event shall uncovered or exposed (whether concrete or
concrete blocks, painted or not) chain link or prefabricated wooden
fences be permitted. .
8.24 Swimminq Pool Screens. No swimming pools shall be
enclosed by any screen, screening or other enclosure or under a
roof of any kind unless the same shall be located entirely within
the extension of the side walls of the main residential dwelling on
the Lot on which such swimming pool is located. All pools shall be
subject to approval by the Architectural Review Board.
8.25 Exterior Buildinq Materials, Finishes and Colors, All
exterior building materials, finishes and colors shall be in
conformance with the applicable provisions of the Design Standards
Manual or as otherwise approved by the Architectural Review Board.'
Uncovered or exposed (whether painted or not) concrete or concrete
block shall not be permitted as the exterior finish of any building
structure or wall. The foregoing restriction shall be equally
applicable to the initial as well as any subsequent painting of any
Improvements located on Residential Property.
8.26 Exterior Liqhting. Exterior lighting or illumination of
buildings, yards, parking areas, sidewalks and driveways on a Lot
shall be designed and installed so as to avoid visible glare
(direct or reflected) from street and road rights-of-way, and other
Residential Property. All exterior lighting shall conform to the
applicable provisions of the Design Standards Manual. Special
exceptions to such specifications may be approved by and within the
discretion of the Architectural Review Board upon a showing of good
cause therefor.
8.27 Mailboxes and Other Deliverv Boxes. Until such time as
the United States Post Office Department shall approve mail
delivery service to Wicklow Greens at Tuscawilla to or at wall
receptacles or mailboxes attached to each single family residential
dwelling, each Lot on which a single family residential dwelling is
constructed and completed (as evidenced by the issuance of a
certificate of occupancy therefor) shall have a street or roadside
mailbox of the breakaway type construction for the delivery of.
United States mail. The design, construction and location of such
mailbox shall be in strict conformance with the applicable
provisions of the Design Standards Manual or as otherwise approved
22
by the Architectural Review Board in writing; it being expressly
provided, however, that the Architectural Review Board must approve
a location consistent with the rules and regulations of the United
States Post Office Department. At such time as the United States
Post Office Department shall approve and make mail deliveries
within Wicklow Greens at Tuscawilla to or at wall receptacles or
mailboxes attached to each single family residential dwellings,
each Owner, upon notice and the request of the Association, shall
remove and replace the street or roadside mailbox on his Lot with
a receptacle or mailbox attached to the single family residential
dwelling constructed on his Lot. All other delivery boxes or
receptacles of any kind, including those for newspapers, milk and
other similar home deliveries, shall also be designed, constructed
and located in conformance with the applicable provisions of the
Design Standards Manual or as otherwise approved by the
Architectural Review . Board . Developer shall have the right to
require that all street or roadside mailboxes shall be of one
particular type or design specified by Developer so long as such
designated type or design meets the rules and regulations of the
United States Post Office Department.
8.28 Underqround Utilities. All utility lines and facilities
shall be located and installed underground or concealed under or
within a building or other on-site Improvements approved by the
Architectural Review Board; provided, however, that the foregoing
restriction shall not be deemed to prohibit the following: (a)
temporary electric power and telephone service poles and water
lines which are incident to the ongoing construction of approved
permanent improvements, and, provided further, that the same are
removed immediately following the completion of such construction;
(b) above-ground electric transformers, meters and similar
apparatus properly screened as specified in the Design Standards
Manual or as otherwise approved by the Architectural Review Board;
(c) permanent outdoor safety light poles located and installed in
conformance with the applicable provisions of the Design Standards
Manual, or as otherwise approved by the Architectural Review Board.
8.29 Landscaoinq. Each Lot shall be landscaped in accordance
with a landscape plan which is (a) in conformance with the
applicable provisions of and using the plant pallet specified in
the Design Standards Manual and (b) otherwise approved by the
Archi tectural Review Board. All landscaping approved by the
Architectural Review Board shall be installed within thirty (30)
days after the completion of construction of the main residential
dwelling on a Lot as evidenced by the issuance of a certificate of
occupancy for such dwelling.
8.30 Grass. No type or variety of grass other than St.
Augustine grass shall be planted on Residential Property, and such.
grass shall be planted only in those areas where specified on the
landscape plan approved by the Architectural Review Board. The
planting of grass on Residential Property shall be accomplished by
23
the installation of full sod covering the entire area required to
be grassed. Partial sodding, springing, plugging or seeding shall
not be permitted.
8.31 Trees. The provisions of Section 7.18 of this
Declaration shall be applicable to the building or construction of
any single family residential dwelling or other structure or
Improvements on Residential Property and such provisions are
incorporated in this Article VIII by this reference thereto.
8.32 Irriqation Systems. All landscaped and grassed open
areas on Residential Property (including such areas which are
within road rights-of-way adjacent to and contiguous with the
Residential Property) shall be irrigated by means of an automatic
underground irrigation or sprinkling system capable of regularly
and sufficiently irrigating all lawns and plantings within such
open areas. The plans and specifications for each such irrigation
or sprinkling system shall be included in and submitted with and
reviewed and approved by the Architectural Review Board as part of
the landscape plan required pursuant to the provisions of Section
8.2 of this Declaration. Such irrigation or sprinkling system
shall be installed prior to or simultaneously with the
implementation of the landscape plan approved by the Architectural
Review Board; but in any event within the time provided in Section
8.29 of this Declaration for the installation of landscaping.
8,33 Artificial Veqetation. No artificial vegetation shall be
permitted on the portion of any Lot outside of any building on the
Lot.
8.34 Precedence Over Less Strinqent Governmental Requlations.
In those instances where the covenants, conditions and restrictions
set forth in this Article VIII set or establish minimum standards
in excess of Governmental Regulations, including, without
limitation, building and zoning regulations, the covenants,
conditions and restrictions set forth in this Article VIII, of this
Declaration shall take precedence and prevail over less stringent
Governmental Regulations. Conversely, in those instances where
such Governmental Regulations set or establish minimum standards in
excess of the covenants, conditions and restrictions set forth in
this Article VIII, the Governmental Regulations shall take
precedence and prevail over less stringent covenants, conditions
and restrictions set forth in this Article VIII.
8. 35 Waivers, Exceptions and Variances by Developer.
Notwithstanding anything to the contrary set forth in or which may
otherwise be implied from the terms and provisions of this
Declaration, Developer specifically reserves exclusively unto
itself, for the duration hereinafter specified, the right and
privilege (but Developer shall have absolutely no obligation), upon
a showing of good cause therefor, to: (a) grant waivers with
respect to any existing or proposed future deviation from, or
24
violation or infraction of, the building restrictions specified in
this Article VIII of this Declaration where, in the reasonably
exercised good faith judgment and discretion of Developer,
Developer shall determine or decide that such deviation, violation
or infraction is de minimus, minor, or insignificant, and (b) grant
waivers of, exceptions to, or variances from, the building
restrictions specified in this Article VIII of this Declaration
where special conditions and circumstances exist which are peculiar
to a particular Lot and not generally applicable to other Lots
(e.g., because of its unusual size, configuration or location) or
where a literal interpretation or application of any such building
restriction to a particular Lot would be inappropriate, inequitable
or otherwise work or result in a hardship or deny such Lot and the
Owner thereof specific rights which are generally enjoyed by other
Lots and Owners; it being expressly provided, however, that, in all
cases, Developer, in. its exercise of such right and privilege
shall, in its reasonably exercised and good faith judgment and
discretion determine or d~cide that its grant of any such waiver,
exception or variance shall not result in, represent, be or
constitute a significant deviation of or derogation from (a) the
uniform plan of development for Wicklow Greens at Tuscawilla, (b)
the high architectural, ecological, environmental and aesthetic
standards otherwise established for Wicklow Greens at Tuscawilla or
(c) the objects and purposes of this Declaration as hereinabove
enumerated in Article II .of this Declaration. Notwithstanding
anything to the contrary contained in this Section, any waivers of,
exceptions to, or variances from said building restrictions shall
be in compliance with Governmental Regulations. Developer shall
have such right and privilege to grant waivers, exceptions and
variances, as aforesaid, until either (a) the expiration of a
period of fifteen (15) years from the date of the recordation of
this Declaration among the Public Records of the County or (b) the
sale by Developer in the ordinary course of business, and not in
bulk, of ninety percent (90%) of all Lots in Wicklow Greens at
Tuscawilla, whichever shall last occur. Following the occurrence
of the last of the foregoing events to occur, the right and
privilege of Developer to grant waivers, exceptions and variances,
as aforesaid, shall be delegated and assigned by Developer to and
thereafter vest in the Architectural Review Board. To the extent
that any such waiver, exception or variance is granted in a
particular instance or with respect to any particular Lot or
Improvement pursuant to the provisions of this Section 8.35, as
aforesaid, the same shall not be deemed to be a precedent for the
granting of such or any similar waiver, exception or variance in
any other particular instance or any other particular Lot or
Improvement.
8.36 Architectural Review Board Approval. Notwithstanding any
other provision of this Declaration to the contrary, no.
Improvements may be constructed upon any Lot except by licensed
building contractors approved in writing by the Developer in its
sole discretion and named on the list of Approved Builders
25
maintained by the Architectural Review Board at the time of
construction on the Lot. Any approval by the Architectural Review
Board of any plans and specifications for Improvements on any Lot
shall be subject to the Owner conforming to the requirements of
this Section 8.36. The Developer and the Association reserve the
right to enforce the provisions of this Section 8.36 by injunction
or other remedies available at law or equity.
ARTICLE IX
COMMON PROPERTY
9,1 Additional Property. In addition to the Common Property
described in Section 5.2 of this Declaration or included within the
term "Common Property" as defined in Article I of this Declaration,
Developer, in its sole discretion, shall have the right to convey
to the Association and. the Association shall be obligated to accept
any other portion of the Subj ect Property or any other real
property owned by Developer so long as such property is used or
useful for any of the objects and purposes for which the
Association has been created and established. Should Developer so
convey any such additional property, the same shall thereupon
become and thereafter continue to be Common Property which shall be
subject to all covenants, .conditions, restrictions, easements and
reservations set forth in this Declaration with respect to all
other Common Property.
9.2 Restriction on Use. Subsequent to the conveyance of any
Common Property to the Association by Developer, the Common
Property shall, subject only to the easements specified in Article
XIV of this Declaration, be developed, improved, maintained, used
and enjoyed solely for the purposes specified in this Declaration
and in the instrument of conveyance and for the common health,
safety, welfare and passive recreation of the residents of and
visitors to Wicklow Greens at Tuscawilla Community and for no other
purpose or purposes whatsoever. No other use shall be made of the
Common Property without the prior written consent of Developer.
9.3 Restriction on Conveyance. Subject only to the
provisions of Section 12.5 of this Declaration, subsequent to the
conveyance of any Common Property to the Association by Developer,
the Common Property may not be subdivided, partitioned, sold,
transferred, conveyed, alienated, leased, mortgaged or hypothecated
by the Association in any manner whatsoever without the prior
written consent of Developer. Neither shall the Common Property be
abandoned by the Association without the prior written consent of
Developer. Upon a violation of the provisions of this Section 9.3,
title to any Common Property so subdivided, partitioned, sold,
transferred, conveyed, alienated, leased, mortgaged or hypothecated
by the Association without the prior written consent of Developer.
shall automatically revert to the Developer upon the filing by
Developer among the Public Records of the County of an appropriate
declaration of its intention to accept such reversion. Upon any
26
such reverter, any restriction upon, subdivision of, lease,
mortgage or other interest in the Common Property, created or
granted by the Associatiqn without the Developer's written consent,
shall be terminated and have no further effect on the Common
Property.
9.4 Encumbrance as Security. Notwithstanding the provisions
of Section 9.3 above, the Association shall have the right in
accordance with this Declaration and its Articles of Incorporation
and By-Laws to (a) borrow money for the purpose of improving,
replacing, restoring or expanding the Common Property and to
mortgage or otherwise encumber the Common Property solely as
security for any such loan or loans and (b) engage in purchase
money financing with respect to personal property and equipment
purchased by the Association in connection with the performance of
its duties and obligations pursuant to this Declaration and to
secure the payment of the purchase price therefor by the
encumbrance of the personal property and equipment so purchased; it
being expressly provided, however, that any such mortgage or other
encumbrance shall (i) be subject in all respects to the terms and
provisions of this Declaration and any amendments hereto and, (ii)
be made subordinate to the rights of the City or any othel?
governmental agency in and to the Common Property, including but
not limited to the stormwater management tracts, established either
pursuant to this Declaration or any Plat. In no event shall the
Association be entitled or empowered to mortgage or otherwise
encumber any easements granted to it.
9.5 Use bv Owners. Subj ect to any reasonable rules and
regulations adopted and promulgated by the Association pursuant to
and in accordance with the provisions of Section 9.9 of this
Declaration, and subject always to any and all easements granted by
or reserved to Developer or others in this Declaration, each and
every Owner shall have the non-exclusive right, privilege and
easement to use and enjoy the Common Property for the purpose or
purposes for which the same is conveyed, designated and intended by
Developer and maintained by the Association, and such nonexclusive
right, privilege and easement shall be an appurtenance to and shall
pass with the title to each and every Lot within the Subject
Property; subject, however, at all times to the terms, provisions,
covenants, conditions, restrictions, easements and reservations set
forth in this Declaration and/or the Plat including, without
limitation, the following:
(a) the right of the Association to suspend the right,
privilege and easement of any Owner and the members of his family,
tenants, guests or other invitees to use the Common Property or any
portion thereof designated by the Association during any time in
which any Assessment levied by the Association against such Owner.
and his Lot remains unpaid and delinquent for a period of thirty
(30) days or more or for a period not to exceed thirty (30) days
for any single infraction of the rules and regulations of the
27
Association with respect to the use of the Common PropertYi
provided, however, that except for a suspension of such right,
privilege and easement occasioned by the failure of an Owner to pay
any Assessment within thirty (30) days from the date that the same
is levied by the. Association, any suspension of the right,
privilege and easement to use and enjoy the Common Property shall
be made by the Association, or a committee duly appointed by the
Association for that purpose, only after appropriate notice and
hearing given and held in accordance with the By-Laws of the
Association. Notwithstanding anything herein set forth to the
contrary, however, the Association shall have no right, power or
authority hereunder to suspend or otherwise unreasonably interfere
with any Owner's right, privilege and easement to use the Common
Streets and Roads for ingress and egress to and from such Owner's
Loti it being expressly provided, however, that temporary
interference for purposes of appropriate identification at and
clearance through Wicklow Greens at Tuscawilla limited access gates
shall not be deemed to be, an unreasonable interference with such
right, privilege and easement of and for ingress and egress.
(b) The right of the Association to limit the number of
guests of Owners who may use the Common Property from time to time
and to limit the l.:lse of .the Common Property by persons not in
possession of a Lot at acparticular time but owning a sufficient
interest therein for classification as an Owner and member of the
Association.
(c) The right of the Association to establish,
promulgate and enforce reasonable rules and regulations pertaining
and with respect to the use of the Common Property pursuant to
Subsection 12.3.7 of this Declaration,
(d) The right of the Association to charge reasonable
admission and other fees to or for the use of the Common Property,
other than for the use of easements established created or declared
pursuant to this Declaration or the Plat.
(e) The right of the Association to take such steps as
are reasonably necessary to maintain, preserve and protect the
Common Property.
9.6 Deleoation of Use. Any Owner shall be entitled to and
may delegate his right, privilege and easement to use and enjoy the
Common Property to the members of his family, his tenants, guests
or other inviteesi subject, at all times, however, to such
reasonable rules and regulations governing such delegation as may
be established, promulgated and enforced by the Association
pursuant to Subsection 12.3.7 of this Declaration. In the event
and for so long as an Owner shall delegate such right, privilege.
and easement for use and enjoyment to tenants who reside on his
Lot, the Association shall be entitled, after the adoption and
promulgation of appropriate rules and regulations with respect
28
thereto, to limit or restrict the right of the Owner making such
delegation to a tenant in the simultaneous exercise of such right,
privilege and easement of and for the use and enjoyment of the
Common Property.
9.7 Waiver of Use. No Owner may exempt himself from personal
liability for or exempt his Lot from any Assessments duly levied by
the Association, or release the Lot owned by him from the liens,
charges, encumbrances and other provisions of this Declaration, or
the rules and regulation~of the Association by (a) the voluntary
waiver of the right, privilege and easement for the use and
enjoyment of the Common Property, (b) the abandonment of his Lot or
(c) by conduct which results in the Association's suspension of
such right, privilege and easement as provided in Section 9.5 of
this Declaration.
9.8 Administration and Care. The administration, regulation,
care, maintenance, repair, restoration, replacement, preservation
and protection of the Common Property shall be the responsibility
of the Association as more particularly provided in Article XII of
this Declaration and in the Articles of Incorporation of the
Association.
9,9 Rules and Requlations. In addition to the foregoing
restrictions on the use of. Common Property, the Association shall
have the right, power and authority, subject to the prior written
consent and approval of Developer, to promulgate and impose
reasonable rules and regulations governing and/or restricting the
use of Common Property and to thereafter change, modify, alter,
amend, rescind and augment any of the same; provided, however, that
no rules or regulations so promulgated shall be in conflict with
the provisions of this Declaration. Any such rules and regulations
so promulgated by the Association shall be applicable to and
binding upon all Common Property and all Owners and their
successors and assigns, as well as upon all members of their
families, their tenants, guests, and other invitees and upon all
other parties claiming by, through or under such Owners.
9.10 Community Wall. The Owner of any Lot burdened by a
landscape and wall easement shown on the Plat may make any use of
the foregoing easement area that is not inconsistent with the
foregoing easement; but no attachment (including climbing vines or
other vegetation) may be made. to the Community Wall, and no
permanent wall, building, or other structure may be installed,
maintained, restored, or permitted to remain on any Lot within five
(5) feet of the Community Wall, except (i) a side wall or fence
that substantially conforms to plans and specifications approved by
the Architectural Review Board, as provided in Article XV of this
Declaration, or (ii) as may be permitted by the Association's rules.
and regulations, or (iii) with the Association or the Architectural
Review Board's advance written consent, A Lot Owner shall be
responsible for the maintenance of that portion of the Lot falling
29
within the interior of the Community Wall. The Association shall be
responsible for the installation, maintenance, restoration, and
removal of (i) the Community Wall and (ii) the landscaping located
within any landscape and wall easement to the exterior of the
Community Wall. The Association shall have the right to enter each
Lot on which the Community Wall is situated to install, maintain,
restore, and remove the Community Wall.
9.11 Payment of Assessments Not Substitute for Taxes. The
payment of Assessments from time to time established, made, levied,
imposed and collected by the Association pursuant to this
Declaration, including, without limitation, those for the
maintenance of the Common Property, including those Assessments for
maintenance of the Wall and Landscape easements shall not be deemed
to be a substitute for or otherwise relieve any Owner of the
Subject Property from paying any other taxes, fees, charges or
assessments imposed by the City, or any other governmental
authority,
ARTICLE X
ASSESSMENTS
10.1 Assessments for Common Expenses. In order to provide for
and assure the availability of the funds necessary to pay Common
Expenses as may be associated with and otherwise necessary for the"
Association to perform its duties and obligations pursuant to and
in accordance with this Declaration and its Articles of
Incorporation and By-Laws and to otherwise carry out and accomplish
the objects and purposes for which the Association has been created
and established, each Lot and each Owner of such Lot shall, by the
acceptance of a deed or other conveyance, of title to his Lot,
whether or not it shall be expressly stated in any such deed or
other conveyance, be obligated for and be deemed to have covenanted
and agreed to pay to the Association all Assessments, whether the
initial fee, Regular Assessments, Capital Expenditure Assessments,
Special Assessments or Individual Lot Assessments, established,
levied, made and imposed by the Association pursuant to this
Declaration. All such Assessments shall be established, levied,
made, imposed, enforced and collected pursuant to the provisions of
this Declaration and the Articles of Incorporation, By-Laws and
rules and regulations of the Association.
10.2 Common Expenses. The Common Expenses for which
Assessments shall be established, made, levied, imposed, enforced
and collected by the Association pursuant to this Declaration shall
be all costs and expenses incurred by the Association in the
discharge and performance of the duties and obligations of the
Association pursuant to this Declaration and the Articles of
Incorporation and By-Laws of the Association and in furtherance of "
the objects and purposes for which the Association has been formed,
created and established, including, without limitation, the
following costs and expenses:
30
(a) Those incurred in the management and administration
of the business and affairs of the Association, including, but not
limited to, the salaries of any employees of the Association and
the fees or other compensation paid to consultants to the
Association, including, without limitation, architects, engineers,
accountants and attorneys.
(b) Those incurred in connection with the ownership,
administration, management, regulation, care, maintenance, repair,
restoration, replacement ,improvement, preservation, and protection
of the Common Property.
(c) Reasonable reserves for repairs to and replacement
of the Common Property.
(d) Those. incurred for utility services to the
Association and the CQmmon Property, including, without limitation,
electric power for irrigation systems.
(e) Those incurred for garbage and trash collection
removal and disposal services provided to the Association and the
Common Property (but not those provided to Lots) .
(f) Those incurred for Common Property landscape
maintenance and replacement, including irrigation.
(g) Those incurred as premiums on or for any insurance
obtained by the Association, including, without limitation, fire,
casualty, liability, health, medical, workman's compensation and
other insurance.
(h) All taxes paid by the Association, including,
without limitation, ad valorem real and personal property taxes on
the Common Property, if any.
(i) Those incurred in connection with any payments by
the Association for the discharge of any lien or encumbrance upon
the Common Property or any portion thereof.
(j) Those incurred by the Architectural Review Board in
the performance of its duties and obligations pursuant to this
Declaration, including, without limitation, the fees of or other
compensation paid to consultants to the Architectural Review Board,
including architects, landscape architects, engineers and
attorneys.
(k) Those incurred from time to time by any committees
of the Association which are reasonably connected to the discharge
of the duties and obligations of the Association pursuant to this.
Declaration,
31
(1) Those incurred in connection with the acquisition
and repayment of any loans made to the Association, including the
principal of, interest. on and closing costs and other charges
associated with any such loan or loans and/or purchase money
financing engaged in by the Association.
(m) Those incurred in connection with the enforcement of
the provisions of this Declaration, including the fees, costs and
expenses of any attorney .retained or employed by the Association
for that purpose.
(n) Those incurred in connection
expenditures as described in Section 10.9.
with
capital
10.3 Use of Assessments. The funds received and derived from
any and all Assessments made by the Association shall be used
exclusively for the performance of the duties and obligations of
the Association pursuant to this Declaration, the payment of Common
Expenses, the operation and administration of the Association and
the promotion of the health, safety, and general welfare of the
residents of Wicklow Greens at Tuscawilla and for the benefit of
Wicklow Greens at Tuscawilla Community generally.
10.4 Prohibited Use .of Assessments. Notwithstanding anything
to the contrary set forth.in or otherwise implied from the terms
and provisions of this Declaration, generally, or Sections 10.1 and
10.2 of this Declaration, in particular, the Association shall not
have the power or authority to use, make, levy, impose, enforce and
collect and is hereby expressly prohibited from using, making,
levying, imposing, enforcing and collecting any Assessment for the
purpose, in whole or part, of financing the prosecution of or
otherwise supporting any actual or contemplated litigation,
including any and all appeals related thereto, against Developer
with respect to matters related to Wicklow Greens at Tuscawilla or
its development or operation. If, notwithstanding the foregoing
prohibition, the Association shall attempt to use, make, levy,
impose, enforce and collect any Assessment for such prohibited
purpose or use, Developer and any Lot or other property owned by
Developer within Wicklow Greens at Tuscawilla shall be and are
hereby exempted from any such Assessment or attempted Assessment.
10.5 Lien for Assessments. All Assessments established, made,
levied, and imposed by the Association pursuant to this
Declaration, together with interest, late charges, costs and
expenses, including attorneys' fees associated with the collection
thereof (whether suit be brought or not), shall be a charge, and a
continuing lien upon each Lot against or with respect to which any
such Assessment is made or levied.
10.6 Personal Liability for Assessments. In addition to the
foregoing lien for such Assessments, each such Assessment, together
with interest, late charges, costs and expenses, including
32
attorneys' fees associated with the collection thereof, whether at
the trial or appellate level (whether suit be brought or not), as
aforesaid, shall also be the personal obligation and liability of
the Owner of the Lot against or with respect to which any such
Assessment is made, levied or imposed at the time such Assessment
is so made, levied or imposed. Such personal liability for
Assessments made, levied or imposed pursuant to this Declaration
prior to the sale, transfer or other conveyance of a particular Lot
shall not, by virtue any such sale, transfer or other conveyance,
pass to such Owner's successor or successors in title unless such
personal liability of the Owner shall be expressly assumed in
writing as the personal obligation of such successor or successors
in title; provided, however, that no such assumption of personal
liability by such successor or successors in title shall relieve
any Owner otherwise personally liable for payment of Assessments
from the personal liability and obligation for the payment of the
same.
10.7 Tvoes of Assessments. The Association is hereby
authorized and empowered to establish, make, levy, impose, enforce
and collect (i) an initial fee, (ii) Regular Assessments,
(iii) Capital Expenditure Assessments, (i v) Special Assessments;
and (v) Individual Lot Assessments, all as described below.
The initial fee shall 'be collectible from the Owner of a Lot
upon the Owner's acquisition of title to the Lot from Developer.
Developer shall not be obligated to pay an initial fee as to any
Lot. The initial fee shall be TWO HUNDRED FIFTY AND NO/100 DOLLARS
($250.00) for calendar year 1998. Subsequent to calendar year
1998, the amount of the initial fee for calendar year 1999 and each
successive calendar year thereafter shall be established and
determined by the Board which will use its best efforts to
establish the fee no later than thirty (30) days prior to the
beginning of each calendar year. The initial fees shall be
deposited into a separate interest bearing bank account to be held
in trust by the Association and, accordingly, same my not be
utilized by the Declarant. Control of this account shall be held
by the Association at such time as the homeowners take-over control
of the Association from the Declarant which is to occur at such
time as the Class B membership ceases to exist.
10.8 Reqular Assessments. The Association shall be and is
hereby authorized, empowered and directed to establish, levy, make,
impose, enforce and collect during each calendar year a regular
assessment for Common Expenses to be incurred by the Association
during such calendar year (the "Regular Assessment (s) ") in the
performance of its duties and obligations pursuant to this
Declaration. Such Regular Assessments shall be established, made,
levied, imposed, enforced, collected and otherwise governed by the.
following provisions:
33
10.8.1 Rate of Reqular Assessments. The amount of the
Regular Assessment for calendar year 1998 and each subsequent
calendar year thereafter shall be established and determined by
the Board which shall make a good faith effort to establish
same not later than thirty (30) days prior to the beginning of
each calendar year. The Board shall establish the Regular
Assessment for each calendar year based upon a pro forma
operating statement or estimated budget for such calendar year
which in turn shall be based, among other things, upon an
estimate of the totai Common Expenses likely to be incurred
during such calendar year, taking into account the previous
operating history of and any surplus funds (not including
reserves) held by the Association, The total amount of the
Common Expenses so estimated shall be divided by forty-eight
(48) which is the total number of Lots the Developer currently
plans to develop in Wicklow Greens at Tuscawilla. The quotient
shall constitute .the amount of the Regular Assessment for the
"constructed Lots" (~s defined in Section 10.8.2) for such
calendar years. Pursuant to Section 10.8.2, the Regular
Assessment for unconstructed Lots shall be twenty percent (20%)
of that for the constructed Lots.
10.8.2 Developed vs, Undeveloped Lots. Lots upon
which construction has commenced ("constructed Lots") derive.a
greater benefit from Common Property and Assessments than d6
the Lots which are not being constructed upon. For this
reason, the Association in establishing the rate of Regular
Assessments shall assess unconstructed Lots for an amount less
than constructed Lots. In this regard, the Regular Assessments
of unconstructed Lots shall not exceed twenty percent (20%) of
the Regular Assessments of constructed Lots. For purposes of
this provision, construction shall be deemed to have commenced
as to any Lot upon the earlier of (i) the commencement of
construction of vertical Improvements pursuant to the
appropriate and necessary governmental approvals and permits,
and (ii) the conveyance of said Lot by the Developer to a third
party person.
10.8.3 Notice of Reqular Assessments. For each
calendar year the Association shall provide written notice to
each Owner of the amount of the Regular Assessment established,
made, levied and imposed for that calendar year and the dates
upon which installments for the same shall become due and
payable.
10.8.4 Commencement of Reqular Assessments. Unless
otherwise determined by the Board of Directors of the
Association, Regular Assessments shall commence as to all Lots
on the first day of the month following the first conveyance of.
a Lot by Developer to any third-party individual Owner.
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10.8.5 Insufficient Reqular Assessments. In the event
that the Association shall determine during any calendar year
that the Regular Assessment established for such calendar year
is or will become inadequate or insufficient to meet all Common
Expenses for such calendar year, for whatever reason, the,
Association shall be entitled to immediately determine the
approximate amount of the deficiency or inadequacy of the
Regular Assessment for such fiscal year, issue a supplemental
estimate of Common Expenses to all members of the Association
and within thirty (30-) days thereafter establish, make, levy,
impose, enforce and collect a supplemental or revised Regular
Assessment for such calendar year.
10.8.6 Limitation on Increases. After the
Association's first full calendar year of operation the
Association shall. not establish, make, levy, impose, enforce
and collect any Regular Assessment which is increased over the
amount of the Regular Assessment for the immediately preceding
calendar year by more than fifty percent (50%) without the
prior approval of a majority of the total voting power held by
the members who are' voting in person or by proxy at a meeting
of the Association duly called for such purpose and of which
written notice specifying the amount of a proposed increase in
the Regular Assessment over the Regular Assessment for the
prior fiscal year is sent to each member of the Association at
least thirty (30) days in advance of such meeting.
10.8.7 Payment of Assessments. Regular Assessments
shall due and payable in advance in monthly, quarterly, semi-
annual or annual installments as determined by the Board of
Directors of the Association, in its reasonable discretion.
Such installments shall be due and payable without any further
notice other than that notice specified in Subsection 10.8.3
above.
10.8.8 Developer Option. Notwithstanding anything set
forth in this Declaration to the contrary, the Developer shall
not be subject to the initial fee. In addition, until such
time as Class B membership in the Association is converted to
Class A membership as provided in Subsection 13.6.2 of this
Declaration, Developer shall have the option of either: (a)
paying the Regular Assessments with respect to each Lot owned
by Developer from time to time, the same as any other Owner or
(b) in lieu of paying the amount of the Regular Assessments
that would otherwise be due based on the Lots owned by the
Developer from time to time, paying the difference between the
actual Common Expenses incurred by the Association for a
particular calendar year over the total amount of Regular
Assessments levied by the Association against all other Lots.
(i.e., Lots not owned by Developer) and Owners during such
year. Commencing at such time as the Class B membership in the
Association is converted to Class A membership, the Developer
35
must pay the Regular Assessment with respect to each Lot owned
by it from time to time, same as any other Owner.
10.8.9 Reserves. The Regular Assessments shall
include a reasonable amount as determined by the Board of
Directors of the Association to be collected as reserves for
such other purpose or purposes as shall be determined by the
Board of Directors of the Association, in its reasonable
discretion. Notwithstanding the foregoing, as a component of
the Regular Assessments the reserves shall not be less than ten
percent (10%) of the total of the Regular Assessments. Such
portion of Regular Assessments representing amounts collected
as reserves, whether pursuant to this Subsection 10.8.9 or
otherwise, shall be deposited by the Association in a separate
interest bearing bank account to be held in trust by the
Association for the purpose or purposes for which the same are
collected and are,to be segregated from and not commingled with
any other funds of the, Association. The account balance shall
be turned-over to the Association at such time as the Class B
membership ceases pursuant to Section 13.6.2. Prior to
cessation of the Class B membership, the Declarant shall be
prohibited from utilizing the reserves account except for the
payment of repairs to capital improvements not otherwise to be
paid for by the Declarant as the Developer of Wicklow Greens at
Tuscawilla and for which collateral has been posted with the'
City as security in connection with the final Plat.
10,9 Capital Expenditure Assessments. In addition to the
other Assessments for which provision is made in this Declaration,
the Association shall be and is hereby authorized and empowered to
establish, make, levy, impose, enforce and collect from time to
time capital expenditure assessments for the purpose of defraying,
in whole or in part, the cost of any installation, construction or
reconstruction, or the unexpected repair or replacement of any
capital improvement to or upon the Common Property, or the cost of
the initial purchase or any subsequent unexpected repair or
replacement of any equipment or personal property purchased,
repaired or replaced by the Association in furtherance of the
discharge of its duties and obligations pursuant to this
Declaration (the "Capital Expenditure Assessments"); provided,
however, that any such Capital Expenditure Assessment shall have
the prior approval of greater than fifty percent (50%) of the total
voting power of the members who are voting in person or by proxy at
a meeting of the Association duly called for such purpose and of
which written notice specifying the nature of the proposed capital
expenditure and the amount of the proposed Capital Expenditure
Assessment is sent to all members of the 'Association at least
thirty (30) days in advance of such meeting. All sums collected as
Capital Expenditure Assessments shall be used only for the capital
improvements or purchases for or with respect to which such Capital
Expenditure Assessment has been approved and such sums shall be
deposited by the Association in a separate interest bearing bank
36
account, not commingled with any other funds of the Association, to
be held in trust by the Association for such purposes.
10.10 Special Assessments. In addition to other Assessments
for which provision is made in this Declaration, the Association
shall be and hereby is authorized and empowered to establish, make,
levy, impose, enforce and collect from time to time special
assessments for any purpose directly related to the discharge of
its duties and obligations pursuant to this Declaration (the
"Special Assessments"), drovided, however, that any such Special
Assessment shall have the prior approval of greater than fifty
percent (50%) of the total voting power of the members of the
Association who are voting in person or by proxy at a meeting of
the Association duly called for such purpose. Written notice
specifying the nature and amount of the proposed Special Assessment
must be sent to all members of the Association at least thirty (30)
days in advance of s~ch meeting. All sums collected as Special
Assessments shall be' used only for the purpose for which such
Special Assessments are established, made, levied, imposed,
enforced and collected and shall be deposited in a separate
interest bearing bank account, not commingled with any other funds
of the Association, and held in trust by the Association for such
purpose.
10.11 Individual Lot Assessments. In addition to any other.
assessments for which provisions are made in this Declaration, and
subject to the limitations put on the Association in Section 10.4,
the Association shall be and hereby is authorized and empowered to
establish, make, levy, impose, enforce and collect against and from
a particular Lot and the Owner of such Lot an assessment (the
"Individual Lot Assessment") for:
(a) costs and expenses incurred by the Association in
bringing a particular Owner or his particular Lot into compliance
with the provisions of this Declaration, including any action taken
or cost or expense incurred by the Association to cure and
eliminate any violation of or noncompliance with the provisions of
this Declaration, following the failure of such Owner, within
fourteen (14) days following written notice from the Association of
the nature of the violation of or non-compliance with this
Declaration, to cure or remedy such violation or noncompliance;
(b) costs and expenses, including reasonable attorneys'
fees, whether or not suit be brought, incurred by the Association
in the enforcement of the provisions of this Declaration against a
particular Lot or the Owner of such Lot;
(c) costs and expenses incurred by the Association in
furnishing or providing labor, services and materials which benefit.
a particular Lot or the Owner of a particular Lot provided that
such labor, services or materials can be accepted or rejected by
such particular Owner in advance of the Association's furnishing or
37
providing the same such that upon such Owner's acceptance of any
such labor, services or materials such Owner shall be deemed to
have agreed that the costs and expenses associated therewith shall
be made, levied, imposed, collected and enforced as an Individual
Lot Assessment against such particular Owner and his particular
Lot; and
(d) reasonable overhead expenses of the Association
associated with any Individual Lot Assessment, established, made,
levied, imposed, collected and enforced pursuant to this Section
10.11.
10.12 Quorum for Action Authorized Under Subsection 10.8.6 and
Sections 10.9 and 10.10. The quorum required at any meeting of the
Association for any action authorized pursuant to Subsection 10.8,6
and Sections 10.9 and 10.10 of this Declaration shall be as
follows: At the first meeting called for the purpose of taking any
such action the presence at such meeting, in person or by proxy, of
members of the Association entitled to cast a majority of the total
voting power of the Association shall constitute a quorum. If the
required quorum is not forthcoming at such first meeting, a
subsequent meeting may be called for the same purpose, subject tG
the notice requirements set forth in said Subsection 10.8.6 and
Sections 10.9 and 10.10 i and the required quorum at any such
subsequent meeting shall be one-half (1/2) of the required quorum
at the first meeting; provided that no such subsequent meeting
shall be held more than sixty (60) days following the preceding
meeting.
10.13 Uniformity of Assessments. Except for Individual Lot
Assessments for which provision is made in Section 10.11 of this
Declaration, and subject to Section 10.8.2 and the Developer's
rights under Section 10.8.8, all Assessments shall be uniformly
fixed at an equal amount per Lot and shall be collected on a
uniform basis from the Owner of each Lot.
10.14 Exempt Property. Any property, other than a Lot, which
is owned by or dedicated to aid accepted by any governmental body
or agency, shall be exempt from any Assessments. All property
otherwise exempted from taxation by the laws of the State of
Florida or the United States of America shall also be exempt from
all Assessments; but only upon the same terms, subject to the same
conditions and only to the extent of any such exemption from
taxation.
10,15 Subordination of Assessment Lien. The lien of and for
all Assessments provided for in Article X shall be and is hereby
made junior, inferior and subordinate in all respects to the lien
of any bona fide first mortgage held by an Institutional Lender.
upon a particular Lot recorded prior to the recording by the
Association of a claim of lien for delinquent Assessments in the
Public Records of the County. The sale, transfer or conveyance of
38
title to a particular Lot shall not affect the effectiveness,
viability or priority of any Assessment lien or the personal
liability of the Owner of such Lot for the payment of any
Assessment; provided, however, that the sale, transfer or
conveyance of title to a particular Lot pursuant to judicial
proceedings in foreclosure of, or pursuant to deed in lieu of
foreclosure related to, a bona fide first mortgage on such Lot held
by an Institutional Lender shall extinguish the lien of such
Assessments other than those evidenced by the recording of a claim
of lien prior to the recording of the mortgage (but not the
personal liability of the Owner of such Lot) as to payments on
account thereof which became due and payable prior to such
foreclosure sale, transfer or conveyance. However, no such
foreclosure sale, transfer or conveyance shall relieve such Lot or
the Owner of that Lot from the personal obligation or liability for
the payment of any Assessments accruing or becoming due and payable
subsequent to such sale, transfer or conveyance from the lien
thereof.
10.16 Certificate of Assessments Due. The Association shall,
upon the request of an Owner or any other interested party, furnish
a certificate executed by its President, Vice President, Secretary,
Treasurer or any other officer thereunto duly authorized, setting
~orth whether Assessments..payable with respect to a particular Lot
have been paid, the amount of the delinquency, if any, and the
amounts of any outstanding and unpaid interest, late charges,
penalties, costs of collection, including attorney's fees and court
costs, if any, associated with any such delinquent Assessments, A
properly executed certificate of the Association as to the status
of Assessments, as aforesaid, shall be binding upon the Association
as conclusive evidence of the status of the payment of any
Assessment therein stated to have been paid or to be delinquent as
of the date of the issuance of such certificate. The Association
shall be entitled to charge and collect a reasonable fee for and as
a condition precedent to the issuance of any such certificate not
to exceed Twenty-five and NO/100 Dollars ($25.00)
10.17 No Defenses or Offsets. All Assessments shall be payable
in full and at the times due. No defenses or offsets against the
payment of such amount shall be permitted for any reason
whatsoever, including, without limitation, any claim by an Owner
that (i) the Association is not properly exercising its rights and
powers or performing or discharging its duties and obligations as
provided in this Declaration or its By-Laws; (ii) an Owner and his
family has made or elected to make no use of the Common Property;
(iii) the Owner and his family have otherwise waived or elected to
waive their membership in the Association; or (iv) the Association
has suspended the right, privilege and easement of such Owner and
his family to use the Common Property as provided in Section 9.5 of.
this Declaration.
39
10 .18 Waiver of Homestead and Other Exemptions. Each Owner, by
the acceptance of a deed or other conveyance to his Lot, shall, to
the extent permitted by applicable law, be deemed to have waived,
to the extent of any lien for Assessments at any time imposed upon
such Lot pursuant to this Declaration, the benefit of any homestead
or similar exemption laws of the State of Florida or the United
States of America now in effect or hereafter enacted.
ARTICLE XI
NON-PAYMENT OF ASSESSMENTS
11.1 Delinquency. Any Assessment established, made, levied or
imposed by the Association pursuant to and in accordance with this
Declaration which is not paid on its due date shall be deemed to be
delinquent on that date. With reasonable promptness after any
Assessment becomes delinquent, the Association shall provide
written notice of such delinquency to the .Owner of the Lot with
respect to which such del~nquent Assessment has been made, levied
and imposed. If the delinquent Assessment is not paid within ten
(10) days following the delivery of such notice of delinquency, the
Association, in its discretion, shall be entitled to immediately
impose a reasonable late charge associated with the administration
of such delinquent Assessment. Additionally, any such unpaid
Assessment shall bear interest from the date of delinquency at the
highest rate then allowed by the laws of the State of Florida,
11,2 Notice of Lien. The Association shall, at any time
following the expiration of a period of ten (10) days following the
aforesaid delivery of the notice of delinquency, be entitled to
cause a Claim of Lien for such delinquent Assessments to be filed
among the Public Records of the County. Any such Claim of Lien
shall, among other things, state and identify the legal description
of the Lot against or with respect to which the lien is claimed,
the name of the record Owner of such Lot as best known to the
Association as determined from its records, the amount of the lien
claimed, including the amount of interest accrued and the rate of
accrual, late charges, and costs and expenses associated with
collection, including attorneys' fees, if any, accrued to the date
of the execution of such Claim of Lien. Such Claim of Lien shall
be executed by the President, Vice President, Secretary, Treasurer
or other officer of the Association thereunto duly authorized by
the Association or by the attorney for the Association. Within
seven (7) days of the recording of the same, a copy of such Claim
of Lien shall be sent to the Owner of the Lot against or with
respect to which such lien is claimed.
11.3 Foreclosure of Assessment Lien. The Association shall,
at any time subsequent to the filing of the aforesaid Claim of Lien
among the Public Records of the County against or with respect to.
a particular Lot, be entitled to bring an action in the Circuit
Court of the Eighteenth Judicial Circuit in and for the County to
foreclose the lien of the Association for delinquent Assessments
40
evidenced by such Claim of Lien in the same manner as mortgage
liens are foreclosed. Any judicial sale pursuant to such
foreclosure action shall be conducted as ordered by the Court or in
accordance with the provisions of Section 45.031 Florida Statutes,
as amended or replaced from time to time. The Association shall
have the right and power to bid at any foreclosure sale with
respect to any lien foreclosed by it using its judgment for the
delinquent Assessment, Association funds,' and funds otherwise
borrowed by the Association for that purpose, and if the successful
bidder at such foreclosure sale, to acquire, own, hold, lease,
sell, mortgage and convey any Lot upon or with respect to which it
has foreclosed its lien for delinquent Assessments.
11,4 Collection from Owner. The Association shall, at any
time following the delivery of the aforesaid notice of delinquency,
also be entitled to bring an action at law for the recovery and
collection of such delinquent Assessment in the Circuit Court of
the Eighteenth Judicial Ctrcuit. in anp for the County against the
Owner of the Lot personally obligated for the payment of such
delinquent Assessment, Each Owner of a Lot, by the acceptance of
a deed or other conveyance of the Lot owned by him shall be deemed
to have agreed and consented to the jurisdiction of said Court over
the person of such Owner for purposes of any action at law for the
recovery and collection; of any delinquent Assessment for the
payment of which he is personally obligated.
11.5 Judqment Amount. Whether in an action at equity to
foreclose the lien of the Association for delinquent Assessments or
in an action at law for the recovery and collection of any such
delinquent Assessment from the Owner of the Lot personally
obligated for the payments of the same, the Association shall be
entitled to recover in such proceedings the amount of such
delinquent Assessment, together with late charges and interest
thereon, if any, and such costs and expenses, including reasonable
attorneys' fees incurred either at the trial level or on appeal,
associated with the enforcement, recovery and collection thereof as
may be awarded by the Court.
11.6 Remedies Cumulative. The remedies herein provided for
the collection and enforcement of Assessments and the foreclosure
of the lien therefor shall be cumulative and not alternative; it
being expressly provided that any suits brought for the collection
of assessments against the Owner personally obligated and liable
for the payment of the same and for the foreclosure of the lien
herein provided against the Lot involved may be brought
simultaneously as separate counts in the same action.
11.7 Satisfaction of Lien. Upon payment or other satisfaction
of (a) all delinquent Assessments specified in the Claim of Lien, .
(b) interest, late charges, costs and expenses of collection,
including attorneys' fees, as aforesaid, which have accrued to the
date of such payment or satisfaction, and (c) all other assessments
41
which have become due and payable with respect to the Lot with
respect to which a Claim of Lien has been recorded, the President,
Vice President, Secretary, Treasurer or other officer of the
Association thereunto duly authorized, or the attorney for the
Association, shall cause an appropriate release of such Claim of
Lien to be filed and recorded among the Public Records of the
County upon the payment by Owner of the Lot with respect to which
such Claim of Lien was recorded of a reasonable fee to be
determined by the Association, but not to exceed FIFTY AND NO/100
DOLLARS ($50.00) to cover the costs associated with the
administration of the satisfaction of such lien including, without
limitation, the cost of preparing and recording such release,
ASSOCIATION:
ARTICLE XII
PURPOSES, DUTIES AND POWERS
12.1 Obiects and Purposes and Function. The Association has
been created and establis~ed in order to advance the objects and
purposes of this Declaration. The Association shall have exclusive
jurisdiction over, and the sole responsibility for, the
establishment, levy, imposition, enforcement and collection of all
Assessments for which provision is made in this Declaration, the
payment of all Common Expenses, as defined in this Declaration, and
the promotion and advancement of the health, safety and general
welfare of the members of the Association; all as more particularly
provided in this Declaration and in the Articles of Incorporation,
By-Laws and rules and regulations of the Association.
12.2 Duties and Powers, Generally. In addition to those
duties and powers conferred by law and those specified and
enumerated in its Articles of Incorporation and By-Laws, the
Association shall also have such duties and powers as are,
respectively, imposed and conferred upon it pursuant to this
Declaration, including, without limitation, such duties and powers
as may be reasonably imposed from, necessary for and incidental to
the accomplishment of the obj ects and purposes for which the
Association has been created and established.
12.3 Duties of Association. The Association, acting by and
through its Board of Directors, shall, in addition to those general
and specific duties, responsibilities and obligations imposed upon
it by law and those specified in its Articles of Incorporation and
By-Laws, have the following specific duties, responsibilities and
obligations:
12.3.1 Payment of Common Expenses. To pay all Common
Expenses and any other expenses for which Assessments are made
associated with the management and administration of the
business and affairs of the Association and all other Common.
Expenses and any other expenses for which Assessments are made
for which provision is made in this Declaration.
42
12.3.2 Levv and Collection of Assessments. To
establish, make, levy, impose, enforce and collect all
Assessments for which provision is made in this Declaration or
which shall otherwise be necessary to provide and assure the
availability of such funds as may be reasonably necessary to
pay all Common Expenses or otherwise conduct the business and
affairs of the Association.
12.3.3 Other Services. To provide and perform such
other services and tasks, the responsibility for which has been
expressly or impliedly delegated to the Association pursuant to
this Declaration.
12.3.4 Insurance. Subject to the Board's sole
discretion in determining the types of insurance coverages to
purchase and the amounts thereof, to provide adequate insurance
protection on and,for the Common Property and, consistent with
their respective 'duties, responsibilities and liabilities,
provide adequate insurance protection on and for the
Association itseif and its officers and directors, as well as
for the members of the Architectural Review Board established
pursuant to this Declaration.
12.3.5 Preserve and Enhance Beautv of Wicklow Greens
at Tuscawilla. To preserve, protect, maintain and enhance the
appearance and natural beauty of the Common Property and
Wicklow Greens at Tuscawilla Community generally.
12.3.6 Promotion of Health, Safety and Welfare. To
advance, promote, enhance and protect the health, safety and
general welfare of the members of the Association, the
residents of Wicklow Greens at Tuscawilla and Wicklow Greens at
Tuscawilla Community generally; provided, however, that the
Association shall be and hereby is specifically prohibited from
engaging in any political activity or any other activity
whereby its status as a corporation not-for-profit or its
exemption from Federal or state income taxation, if any, shall
be forfeited or jeopardized.
12.3.7 Establish and Enforce Rules and Requlations.
To make, establish, promulgate and publish, and to enforce such
rules and regulations for the protection and governing the use
of Common Property as the Board of Directors of the Association
deems to be in the best interest of the Association and its
members.
12.3.8 Other Activities. To engage in any and all
other activities permitted to be engaged in by a corporation
not-for-profit under the laws of the State of Florida as may be
necessary or appropriate for the achievement of the objects and
purposes for which the Association has been created, formed and
established.
43
12.3.9 Operate Without Profit. To operate without
profit for the sole and exclusive benefit of its members and
Wicklow Greens at Tuscawilla Community.
12.4 Powers of Association. The Association, acting by and
through its Board of Directors, shall, in addition to those general
and specific powers conferred upon it by law and those powers
specified in its Articles of Incorporation and By-Laws, have the
following specific powers:
12.4.1 Own and Deal with Common Property. Except as
may be limited by the terms of this Declaration and the
Articles of Incorporation and By-Laws of the Association, to
acquire, own, hold, control, administer, manage, operate,
regulate, care for, maintain, repair, replace, restore,
preserve, protect, buy, sell, lease, transfer, convey, encumber
or otherwise deal, in or with real or personal property, (or any
interest therein, 'inc~uding easements) which is, or upon its
acquisition by the Association shall thereupon become, Common
Property as defined in this Declaration.
12.4.2 Levy and Collect Assessments. To establish;
make, levy, impose, enforce and collection all Assessments and
impose, foreclose ahd otherwise enforce all liens for
Assessments for which provision is made in this Declaration in
accordance with the terms and provisions of this Declaration
and the Articles of Incorporation and By-Laws of the
Association.
12.4.3 Establish Reserves. To create, establish,
maintain, and administer such capital expenditure, reserves and
other reserve funds or accounts as shall, in the discretion of
the Board of Directors, be reasonably necessary to provide and
assure the availability of funds necessary for the care,
maintenance, repair, replacement, restoration, preservation,
and protection of all Common Property, including all easements
and facilities, and for such other purposes as the Board of
Directors of the Association, in its reasonable discretion
shall be deemed necessary or appropriate.
12,4.4 Sue and Be Sued, To sue and be sued and to
defend any suits brought against it.
12.4.5 Borrow Money. Subject to the limitations
specified in Section 12.5 of this Declaration and in the
Articles of Incorporation of the Association, to borrow such
money as may reasonably be required to discharge and perform
the duties, responsibilities and obligations imposed upon the
Association pursuant to this Declaration and the Articles of.
Incorporation of the Association.
44
12.4.6 Employ and Contract. To employ such persons or
to contract with such independent contractors or managing
agents as shall be reasonably required in order for the
Association to carry out, perform and discharge all or any part
of its duties, obligations and responsibilities pursuant to
this Declaration and the Articles of Incorporation of the
Association; provided, however, that any such employment
contract or contract with any independent contractor or
managing agent for a term of more than one (1) year shall, by
its express terms, be 'terminable (i) for cause at any time upon
not more than thirty (30) days written notice by the
Association and (ii) without cause at any time after one (1)
year upon not more than sixty (60) days written notice by
either party; and, provided further, that any such contract
shall otherwise be subject to the provisions of Section 12.5 of
this Declaration.
12,4.7
Intentionally Blank.
12.4.8 Provide Public or Ouasi Public Services.
Subject to the rights of the City under any applicable
franchise agreement, to itself provide equipment, facilities
and personnel, or to contract with an independent contractor or
independent contractors, for such public or quasi public
services as may be deemed by the Association to be reasonably
necessary or desirable for the common health, safety and
general welfare of the residents of Wicklow Greens at
Tuscawilla and Wicklow Greens at Tuscawilla Community
generally, including, without limi tationl internal security and
protection services, garbage and trash pickup and disposal
servicesl cable television services and street lighting
services.
12.4.9 Enforce Declaration. To take such steps as may
be necessary to enforce the provisions of this Declaration,
including, without limitation the employment of counsel and the
institution and prosecution of litigation to enforce the
provisions of this Declaration includingl without limitation,
such litigation as may be necessary to collect assessments and
foreclose liens for which provisions are made in this
Declaration.
12,4.10 Surface Water or Stormwater Manaqement System.
The Association shall be responsible for the maintenance,
operation and repair of the Surfac'e Water or Stormwater
Management System including, but not limited tOI the roadway
and rear-yard under-drains. Maintenance of the Surface Water
or Stormwater Management System(s) including, but not limited
to, the roadway and rear-yard under-drains, shall mean the,
exercise of practices which allow the systems to provide
drainage I water storage I conveyance or other surface water or
stormwater management capabilities as permitted by the St.
45
Johns River Water Management District and the City. The
Association shall be responsible for such maintenance and
operation. Any repair or reconstruction of the Surface Water
or Stormwater Management System including, but not limited to,
the roadway and rear-yard under-drains, shall be as permitted,
or if modified as approved by the St. Johns River Water
Management District and the City.
12.5 Limitations and Restrictions on Power of Association. In
addition to such other restrictions or limitations on the powers of
the Association as may be imposed by law, elsewhere in this
Declaration or in the Articles of Incorporation or By-Laws of the
Association, and without limiting the generality of any thereof,
the Association shall be prohibited from taking any of the
following actions without the prior approval of a majority of the
total voting power of. the Association.
(a) Contracts for a Term in Excess of One Year. The
entry into employment contract or other contracts for the delivery
of services or materials to the Association having a term in excess
of one (1) year, except;in the case of prepaid insurance, casualty
or liability contracts _ or policies for not more than three (3-)
years duration; provided that the applicable contract or policy
provides for and permits ,early cancellation by the insured.
(b) Pledqe of Assessment Riqhts. The borrowing of any
funds secured by a pledge, assignment or encumbrance of the right
and duty of the Association to exercise its power to establish,
make levy, impose, enforce and collect any Assessments for which
provision is made in this Declaration whereby as a result of such
pledge, assignment or encumbrance such right and power of
assessment may be exercised by a party other than the Association
or whereby the Association shall become obligated to establish,
levy, enforce and collect any Assessment or Assessments in a
particular amount or within a particular time so as to effectively
divert from the Association and its Board of Directors the right,
duty and discretion to establish, make, levy, impose, enforce and
collect Assessments in such amounts and within such time periods as
the Board of Directors of the Association, in its discretion, shall
deem to be necessary and reasonable. It is expressly provided,
however, that the foregoing limitation and restriction upon the
pledge, assignment or encumbrance of the assessment rights herein
contained shall not preclude the Association from pledging or
making an assignment of or otherwise encumbering any Assessment
which is then payable to or which will thereafter, in the ordinary
course of the Association's business, become payable to the
Association provided that any such assignment, pledge or
encumbrance, though then presently effective, shall allow and
permit any such Assessments to continue to be paid to and used by.
the Association as set forth in this Declaration unless and until
the Association shall default on the repayment of the debt which is
secured by such pledge, assignment or encumbrance.
46
(c) Sale or Transfer of Real Property. The sale, trans-
fer or other disposition, whether or not for consideration, of any
real property owned by the Association as Common Property;
provided, however, in no event shall the Association be entitled or
empowered to sell, conveyor transfer any real property
constituting Common Property transferred and conveyed by Developer
to the Association pursuant to the provisions of Section 9.1 of
this Declaration without first receiving the prior written consent
of Developer. Further, upon the request of Developer, the
Association shall re-convey to Developer any Common Property
previously covered by Developer to the Association, in the event
such original conveyance was made in error or in the event
Developer modifies the development plan for Wicklow Greens at
Tuscawilla in such manner as to require the incorporation of the
affected Common Property into Residential Property use. Any such
reconveyance to Developer shall automatically cause all of the
easements created under Article XIV or the Plat to be automatically
void, released and vacateQ without the requirement of any written
release from any easement holder. The Association shall not sell,
convey, or transfer its interest in the Surface Water or Stormwater
System.
(d) Payment of Compensation to Officers or Directors.
The payment of compensation to the elected directors or to officers
of the Association for services performed in the conduct of their
duties is prohibited; provided, however, that nothing herein
contained shall preclude the Association from reimbursing any such
elected director or officer for reasonable expenses actually
incurred and paid by any such elected director or officer in the
conduct of the business and affairs of the Association; and
provided, further, that nothing herein contained shall preclude the
employment by the Association and payment of compensation to a
manager or executive director of the Association who shall not be
an elected director or officer of the Association,
ARTICLE XIII
ASSOCIATION. MEMBERSHIP AND VOTING RIGHTS
13.1 Membership. Every Owner shall automatically and
mandatorily be a member of the Association upon becoming an Owner.
Additionally, Developer shall automatically and mandatorily be a
member of the Association. Membership may not be refused, waived
or surrendered, but a member's voting rights and use and enjoyment
of the Common Property may be regulated or suspended as provided in
this Declaration and the Articles of Incorporation, By-Laws and
rules and regulations of the Association.
13.2 Transfer of Membership. Membership in the Association
shall be appurtenant to and may not be separated from the ownership.
interest of an Owner in the Lot owned by such Owner. The
membership of an Owner in the Association shall not be transferred,
pledged or alienated in any way, except that such membership shall
47
automatically be transferred and assigned to a transferee upon the
transfer of the ownership interest required for membership in the
Association. The Association shall have the right to record any
such automatic transfer upon the books and records of the
Association without any further action or consent by the
transferring Owner or any transferee Owner. Any attempt to make a
prohibi ted transfer of membership, however, shall be void and of no
force and effect and will not be reflected upon the books and
records of the Association.
13.3 Members' Riqhts. The rights of every member of the
Association shall be subject to and governed by the terms and
provisions not only of this Declaration, but, in addition, shall at
all times be subject to the terms and provisions of the Article~ of
Incorporation, ByLaws and Rules and Regulations of the Association.
13.4 Intentionally Blank.
13.5 Votinq Riqhts. An Owner's right to vote shall vest
immediately upon such Owner's qualification for membership as
provided in this Declaration and the Articles of Incorporation and
Bylaws of the Association. All voting rights of a member shall be
exercised in accordance with and subject to the restrictions and
limitations provided in this Declaration and in the Articles of
Incorporation and By-Laws bf the Association.
13.6 Classes of Votinq Membership; Number of Votes. The
Association shall have two (2) classes of voting membership as
follows:
13.6.1 Class A. Class A members shall be all Owners
of Lots, with the exception of Developer, until Class B
membership has been converted to Class A membership, as
provided in Subsection 13.6.2 of this Declaration and in the
Articles of Incorporation of the Association, and after such
conversion all Owners of Lots classified as Residential
Property shall be Class A members. Class A members shall be
entitled to one (1) vote for each Lot in which they hold the
ownership interest required for membership; provided, however,
that in the event that (i) two (2) or more contiguous Lots or
(ii) one (1) Lot and a portion contiguous thereto of another
Lot are owned in common by the same Owner and combined,
developed and improved by such Owner as a single unified
residential homesite, the Owner of any such combination of Lots
shall only be entitled to one (1) vote for each such
combination of Lots so owned. When more that one person or
entity holds the ownership interest required for membership in
the Association, each such person or entity shall be a member,
but the single vote of such members with respect to the Lot.
owned by them shall be exercised as those holding a majority
interest in the Lot determine. However, in no event shall more
than one (1) Class A vote be cast with respect to any Lot which
48
is owned by more than one person or entity. The Association
may, but shall not be obligated to, recognize the vote or
written assent of any co-owner of a Lot, but the Association
shall recognize the vote or written assent of a particular co-
owner who or which is designated by a majority interest of all
co-owners entitled to cast the vote attributable to the Lot
owned by such co-owners, provided that such wri tten designation
shall be delivered to the Association not less than twenty-four
(24) hours prior to the taking of the particular vote in
question.
13 .6.2 Class B. The Class B member shall be the
Developer. The Class B member shall be entitled to ten (10)
votes for each Lot in which Developer holds the ownership
interest required for membership; provided, however, that Class
B membership shall cease and be converted to Class A membership
when the total votes outstanding in Class A membership exceeds
the total votes outstanding in Class B membership, at which
time Class B membership shall be terminated and the Class B
member shall automatically be entitled and required to vote as
a Class A member.
13.7 Intentionally Blank.
13.8 Approval by Members. Unless elsewhere otherwise
specifically provided in this Declaration or the Articles of
Incorporation or By-Laws of the Association, any provision of this
Declaration of the Articles of Incorporation and By-Laws of the
Association which requires the vote or approval of a majority or
other specified fraction or percentage of the total voting power of
the Association shall be deemed satisfied by either, both or a
combination of the following:
(a) The vote in person or by proxy of the majority or
other specified fraction or percentage of the total voting
power of the Association at a meeting duly called and noticed
pursuant to the provisions of the By-Laws of the Association
dealing with annual or special meetings of the members of the
Association.
(b) Written consents signed by the majority or other
specified fraction or percentage of the total voting power of
the Association.
ARTICLE XIV
EASEMENTS
14.1 Easements Generally. Developer, on behalf of itself and
for the benefit, where so stated, of the City, the Association, all.
Owners, and other specified parties, and also for the benefit of
all real property from time to time included within the Subject
Property, hereby creates, declares and reserves the following
49
easements upon those affected portions of the Subject Property
hereinafter specified:
14.1.1 Utility Easements. There are hereby created,
declared, granted and reserved for the benefit of Developer,
the City, the Association, all Owners and any public or private
providers of utility services to the Subject Property and their
respective successors and assigns a non-exclusive easement for
utility purposes over, under, within and upon the Common
Streets and Roads and~all utility easements and easement areas
'shown on the Plat or otherwise reserved, declared or created
pursuant to this Declaration for the purposes of constructing,
installing, inspecting, maintaining, repairing and replacing
from time to time any and all utility lines, systems and
facilities from time to time located therein or thereon. The
utilities contemplated to be served by such utility easements
shall include, without limitation, those providing electric
power, natural gas, t~lephone, potable water, sanitary sewer,
cable television, and other underground electronic services.
14.1.2 Drainaqe Easements. There is hereby created,
declared and reserved for the benefit of Developer, the City,
the Association and all Owners a non-exclusive easement for
storm water collection, retention, detention and drainage
under, over, upon and within all drainage easements, ponds and.
tracts shown on the Plat or otherwise reserved, declared or
created pursuant to this Declaration, together with an easement
and license in favor of the Developer, the City and the
Association only to enter upon such areas for the purposes of
constructing, installing, inspecting, maintaining, repairing
and replacing any and all storm water drainage systems,
improvements and facilities from time to time located therein
or thereon. Additionally, Developer, for the benefit of
itself, the City, the Association and all Owners hereby
reserves easements over. any and all other portions of the
Subject Property as may be reasonably required from time to
time in order to provide storm water drainage to all or any
portions of the Subject Property; provided, however, that any
such additional drainage easements shall not unreasonably
interfere with the use and enjoyment by any Owner of his Lot or
his Improvements from time to time placed, located,
constructed, erected or installed thereon.
The Developer intends to construct berms and
drainage swales within portions of the Drainage Easements
(D.E.) identified on the Plat for the purpose of managing and
containing the flow of excess surface water, if any. Each
Owner, including builders, shall be responsible for the
maintenance, operation and repair of the berms and drainage.
swales on their respective Lots. Likewise, the Association
shall be responsible for the maintenance, operation and repair
of the berms and drainage swales that are not located on a Lot
50
(e.g. within a Conservation Area). Maintenance, operation and
repair shall mean the exercise of practices, such as mowing and
erosion repair, which allow the berms and drainage swales to
provide drainage, water storage, conveyance or other stormwater
management capabilities as permitted by the St. Johns River
Water Management District and the City. Filling, excavation,
construction of fences or otherwise obstructing the surface
water flow in the swales is prohibited. No alteration of the
berms and drainage swales shall be authorized and any damage to
any berms and drainage swales, whether caused by natural or
human-induced phenomena, shall be repaired and the berms and
drainage swales returned to their former condition as soon as
possible by the party (i,e. Owner or the Association) having
responsibility for the maintenance of the damaged berms and
drainage swales,
14.1,3
Intentionallv Blank.
14.1.4 Wall and Landscape Easements. There is hereby
created, declared, granted and reserved for the benefit of
Developer and the Association an easement over and upon all
wall and landsc~pe easement areas shown on the Plat together
with the easement and license to enter upon such Wall and
Landscape Easement ~reas for the purposes of erecting~
constructing, installing, inspecting, maintaining, repairing
and replacing any and all screening walls or fences, and the
installation and irrigation of any landscaping therein, which
may be required by the City and/or deemed to be necessary or
desirable by Developer or the Association.
14.1.5 Landscape Easements. There is hereby created,
declared, granted and reserved for the benefit of Developer and
the Association an easement for landscaping purposes over and
upon all landscape easement areas, entry-ways, medians, and
landscape buffers shown on the Plat, if any, or hereafter
declared by Developer, together with the easement and license
to enter upon such areas for the purposes of installing,
maintaining, inspecting, repairing and replacing any and all
landscaping, including trees, grasses, shrubs, bushes, ground
covers and other plant materials and irrigation systems of any
kind, whether the same shall be required by the City and/or
deemed necessary or desirable by Developer or the Association.
14.1.6 Conservation Easements. It is hereby
established that the Conservation Easements shown on the Plat
are permanent, private Conservation Easements in perpetuity, as
defined in Section 704.06, Florida Statutes (1993), for the
benefit of Developer, the perpetual use of the public, the St.
Johns River Water Management District (the "District"), the.
City and the Association and same shall be of the nature and
character and to the extent hereinafter set forth. Developer
fully warrants title to the land subjected to the Conservation
51
Easements and, as to the District, will warrant and defend the
same against the lawful claims of all persons whomsoever. The
purpose of the Conservation Easements is to assure that the
lands subjected to the Conservation Easements will be retained
forever in their existing natural conditions and to prevent any
use that will impair or interfere with the environmental value
of said lands.
(a) Any activity on or use of the Conservation Easements
inconsistent with the 'purpose of the Conservation Easements is
prohibited. Without limiting the generality of the foregoing,
the following activities and uses are expressly prohibited:
(i) constructing or placing buildings, roads, signs,
billboards or other advertising, utilities or other structures
on or above the ground, (ii) dumping or placing soil or other
substance or mate.rial as landfill or dumping or placing of
trash, waste or, unsightly or offensive materials, (iii)
removing or destroying, trees, shrubs, or other vegetation, (iv)
excavating, dredging or removing loam, peat, gravel, soil rock
or other material substances in such a manner as to affect the
surface, (v) surface use, except for purposes that permit the
land or water area to remain predominantly in its natural
condition, (vi) activities detrimental to drainage, flood
control, water conservation, erosion control, soil
conservation, or fish and wildlife habitat preservation, (vii)'
acts or uses detrimental to such retention of land or water
areas, (viii) acts or uses detrimental to the preservation of
the structural integrity or physical appearance of sites or
properties of historical, architectural, archaeological, or
cultural significance.
(b) Developer reserves unto itself, and its successors
and assigns, all rights accruing from its ownership of the
lands subjected to the Conservation Easements, including the
right to engage in or permit or invite others to engage in all
uses of the said lands, that are not expressly prohibited
herein and are not inconsistent with the purpose of the
Conservation Easements.
(c) Developer, subj ect to the reasonable approval by the
City, by a recorded instrument may extend the benefit of the
Conservation Easements established by this Subsection 14.1.6 to
(i) any adjoining lands, or (ii) any homeowners, condominiums,
cooperative or similar association now or hereafter formed with
respect to any adjoining lands, or (iii) any association, non-
profit corporation, trust, or other organization that maintains
similar preservation areas in the Tuscawilla development, or
(iv) any combination of the foregoing. Developer, however, may
not extend any benefit to the general public, including any,
right of entry or access. Such easements may be terminated
on:j.y by (i) the taking by a governmental entity of the
Conservation Easements or the Conservation Areas by
52
condemnation or eminent domain, (ii) an entry of final judgment
by a court of competent jurisdiction that, because of change of
circumstances, the purpose of such easements no longer
reasonably can be accomplished, or (iii) the District.
(d) The Conservation Easements grant no right of access
or ~ntry to the area of the Conservation Easements to the
general public or to any person except the Developer, the
Association, the District and the City, provided such access by
the City is reasonable. Without limitation, no right of access
or entry is granted any Owner, except the Owner on 'whose Lot
any of the Conservation Easements is situated, who has a
reasonable right of entry to the part of the Conservation
Easements situated on such Lot for any purpose not inconsistent
with the maintenance of the Conservation Easements for its
intended purposes. Such right of entry is non-exclusive as to
the Developer and the Association but is exclusive as to any
other person.
(e) To accomplish the purposes stated herein, Grantor
conveys the following rights to the District and the City: (i)
to enter upon and inspect the lands subjected to the
Conservation Easements in a reasonable manner and at reasonable
times to determine if:Developer or its successors and assigns
are complying with the:covenants and prohibitions contained in'
this Paragraph 14.1.6, (ii) to proceed at law or in equity to
enforce the provisions of this Paragraph 14.1.6 and the
covenants set forth herein, and require the restoration of
areas or features of the lands subjected to the Conservation
Easements that may be damaged by any activity inconsistent with
the Conservation Easements,
(f) The District and the City may enforce the terms of
this Paragraph 14.1.6 at their discretion, but if Developer
breaches any term of this Paragraph 14,1,6 and the District and
the City do not exercise their rights hereunder, the District
and the City's forbearance shall not be construed to be a
waiver by the District and the City of such term, or of any
subsequent breach of the same, or any other term hereof, or of
any of the District and the City's rights hereunder. No delay
or omission by the District and the City in the exercise of any
right or remedy upon any breach by Developer shall impair such
right or remedy or be construed as a waiver. The District
shall not be obligated to Developer, or to any other person or
entity, to enforce the provisions of this Paragraph 14.1.6.
(g) As to the District and the City only, Developer will
assume all liability for any injury or damage to the person or
property of third parties which may occur on the lands.
subjected to the Conservation Easements. Neither Developer,
nor any person or entity claiming by or through Developer,
shall hold the District or the City liable for any damage or
53
injury to person or personal property which may occur on the
lands subjected to Conservation Easements.
(h) Nothing contained herein shall be construed to
entitle the District and the City to bring any action against
Developer for any injury to or change in said lands resulting
from natural causes beyond Developer's control, including,
without limitation, fire, flood, storm and earth movement, or
from any necessary action taken by Developer under emergency
conditions to prevent; abate or mitigate significant injury to
the aforesaid lands resulting from such causes.
14.1.7
Intentionally Blank.
14.1.8. Construction and Sales Easements. There is
hereby created, declared, granted and reserved for the benefit
of Developer tog~ther with the right to grant, assign and
transfer the same tQ Developer's sales agents and sales
representatives as well as to builders or building contractors
approved by Developer for the construction of residences within
Wicklow Greens at Tuscawilla, an easement for construction
activities upon Residential Property and an easement for sales
activities and signs. on Residential Property and for the
maintenance on Residential Property from time to time of model
centers in which and from which Developer and its authorized.
sales agents and sales representatives and approved builders
and building contractors may engage in exhibit, sales and
administrative activities of a commercial nature on a temporary
basis during the period of the development of and construction
within Wicklow Greens at Tuscawilla, provided, however, that
such exhibit, sales and administrative activity shall be
conducted from and within buildings constructed as single
family residential dwellings which are temporarily used for
such exhibit, sales and administrative activities and which are
thereafter to be sold, used and occupied as single family
residential dwellings. The location of such model centers
within Wicklow Greens at Tuscawilla may be changed from time to
time by Developer, in its sole and absolute discretion.
14.1.9 Association Easement. There is hereby created,
declared and granted to the Association, such easements over
and upon all or any portion of the Subject Property, as may be
reasonably necessary to permit the Association to carry out and
discharge its duties, obligations and responsibilities under
and pursuant to this Declaration and the Articles of
Incorporation, By-Laws and rules and regulations of the
Association. Such Association Easement shall be in addition to
the Drainage Easements hereinabove granted to the Association
pursuant to Subsection 14.1.2 of this Declaration.
14.1.10 Common Roads and Streets, There are hereby
created, declared, granted and reserved for the benefit of
54
Developer, the City, the Association, the Owners and their
invitees, licensees and guests a non-exclusive easement for
vehicular and pedestrian ingress and egress through the Subject
Property over the Common Streets and Roads, and to Developer
and the Association for the purpose of constructing,
installing, inspecting, maintaining, preparing and replacing
from time to time any and all roadway facilities and
landscaping from time to time located or to be located thereon.
It is expressly provided that the rights-of-way over the Common
Streets and Roads are not hereby dedicated to the public and
are specifically declared, created and reserved as private
street rights-of-way and easements for the benefit only of the
Subject Property and only to and for the benefit of those
persons or entities referenced above. Notwithstanding the
foregoing, Developer reserves unto itself and to the
Association the right to dedicate the Common Streets and Roads
to the City, and according to terms acceptable to them. If the
Developer elects to dedicate the Common Streets and Roads to
the City after same have become Common Property owned or
controlled by the Association, the Association shall join in to
any such dedication, without consideration, requested by the
Developer. The Developer or Association may install guard
houses and/or limited access gates or facilities at the
entrance to the Subject Property, in the sole discretion of
Developer or the Association, and the costs of repair,.
maintenance and replacement of such shall be Common Expenses.
14.2 Future Easements. There is hereby reserved to Developer
and its successors and assigns, together with the right to grant
and transfer the same, the right, power and privilege to, at any
time hereafter, grant to itself, the Association, the City, or any
other parties such other further and additional easements as may be
reasonably necessary or desirable, in the sole opinion and within
the sole discretion of Developer, subject to the reasonable
approval of the City, for the future orderly development of Wicklow
Greens at Tuscawilla in accordance with the objects and purposes
set forth in this Declaration. Any such easement (s) shall be
recorded in the Public Records of the County. It is expressly
provided, however, that no such further or additional easements
shall be granted or created over and upon Residential Property
pursuant to the provisions of this Section 14.2 if any such
easement shall unreasonably interfere with an owner's plans to use
or develop his Lot as a single family residential home site. The
easements contemplated by this Section 14.2 may include, without
limitation, such easements as may be required for utility,
drainage, road right-of-way or other purposes reasonably related to
the orderly development of Wicklow Greens at Tuscawilla in
accordance with the objects and purposes specified in this
Declaration. Such further or additional easements may be hereafter.
created, granted, or reserved by Developer without the necessity
for the consent or joinder of the Owner of the particular portion
55
of the Subject Property over which any such further or additional
easement is granted or required.
ARTICLE XV
ARCHITECTURAL AND LANDSCAPE CONTROL
15.1 Reservation of Architectural and Landscape Control. In
order to ensure that the development of Wicklow Greens at
Tuscawilla will proceed pursuant to a uniform plan of development
and construction and in accordance with consistent architectural,
ecological, environmental and aesthetic standards which are
designed and calculated to bring about the achievement and creation
of, and to thereafter maintain, preserve and protect, Wicklow
Greens at Tuscawilla as a pleasant, at tracti ve and harmonious
physical environment, Developer shall have and hereby reserves
exclusively unto itself, for the duration hereinafter specified,
the right, privilege~ power and authority to review, approve and
control the design,' pJ.acement, construction, erection and
installation of any and all buildings, structures and other
Improvements of any kind, nature or description, including
landscaping, upon all Re;sidential Property and all Common Property.
Such right and control of Developer shall be exercised in the
manner hereinafter provided in this Article xv.
15.2 Architectural Review Board Established. The Association
at all times has as a standing committee an Architectural Review
Board, consisting of at least three (3) persons. Architectural
Review Board members a~e appointed by, and serve at the pleasure
of, the Board. The Board from time to time may designate
alternative members, to serve in the absence of any regular member.
Architectural Review Board members need not be Owners, Directors of
the Association or Association members. No Architectural Review
Board member is entitled to compensation for services performed;
but the Board may employ independent professional advisors to the
Architectural Review Board and allow reasonable compensation to
such advisors from Association funds. Any Architectural Review
Board action may be taken by a simple majority of its members, with
or without a formal meeting or joint deliberation, so long as each
member is informed in advance of the action proposed.
Notwithstanding anything contained herein to the contrary, until
such time as the Developer has divested itself of title to all of
the Lots, it shall have the right to choose all three (3)
Architectural Review Board members
15,3 Architectural Review Board Authority. The Architectural
Review Board has full authority to regulate the exterior appearance
of the Lots to: (i) assure harmony of external design and location
in relation to surrounding buildings and topography; and (ii) to
protect and conserve the value and desirability of the Subj ect .
Property as a first-class residential community. The power to
regulate includes the power to prohibit those exterior uses,
structures, conditions, or a~tivities inconsistent with the
56
provisions of this Declaration or otherwise contrary to the best
interests of all Owners in maintaining the value and desirability
of the Subject Property as a first-class residential community.
The Architectural Review Board's authority includes any matter
affecting the exterior appearance of Lots and requiring approval by
the Association under Article VII or the Design Standards Manual.
15.4 Architectural Review Board Approval. No building,
improvement, structure, addition, landscaping, attachment,
condition, excavation, alteration, or change (including any color
change) may be made, installed, maintained, restored, or permitted
to remain on or to the exterior of any Lot, unless made, installed,
maintained, or restored, as the case may be, completely in
compliance with plans and specifications reviewed and approved by
the Architectural Review Board in advance. Notwithstanding the
foregoing, the Committ.ee' s approval is not required for restoration
of any previously app~oved building, structure, or other item when
the restoration is identical in all respects to the original work,
as approved.
15.5 Obiective Standards. In addition to any other express
standard that may be provided by this Declaration, all actions by
the Architectural Review Board must: (i) assure harmony of
external design, materials, and location in relation to surrounding
buildings and topography within the Subject Property; and (ii)
protect and conserve the value and desirability of the Subject
Property as a first-class residential community; and (iii) not
conflict with the express provisions of this Declaration, the
Articles of Incorporation, and the By-Laws; and (iv) otherwise be
in the best interests of all Owners in maintaining the value and
desirability of the Subject Property as a residential community.
15.6 Rules and Requlations. The Architectural Review Board
from time to time may adopt and amend reasonable, uniform rules and
regulations as to all matters within the scope of its authority,
including procedural matters, and may adopt and amend a Design
Standards Manual at any time and from time to time, with any such
adoption or amendment to be within the sole and absolute discretion
of the Architectural Review Board, so long as such rules and
regulations and any amendments to the Design Standards Manual are:
(i) consistent with the provisions of this Declaration, the
Articles of Incorporation and the By-Laws of the Association; and
(ii) if the Board has not constituted itself as the Architectural
Review Board, approved by the Board before taking effect. Rules
and regulations adopted pursuant to this Section 15.6 have the same
force and effect as the Association's other rules and regulations
and are enforced by the Board in the name of the Association.
15.7
objective
Standards
Developer
Subiective Judqment. In addition to complying with the.
standards of this Declaration, any applicable Design
Manual, and any applicable rules and regulations,
specifically intends the Architectural Review Board
57
members to exercise an informed, subjective aesthetic judgment as
to any matters within the Architectural Review Board's authority
that is conclusive and binding upon any person affected, absent bad
faith, mistake, or deliberate, intentional discrimination that
cannot be justified on any rational basis. Without limitation, and
in recognition of the fact that each Lot is unique, no
Architectural Review Board action with respect to any particular
Lot necessarily is of any precedential value with respect to any
other Lot. Specifically, the fact that the Architectural Review
Board may have approved -: or denied a particular installation,
condition, activity, or item with respect to any particular Lot
does not, by itself, constitute grounds for requiring such approval
or denial with respect to any other Lot; Each application for
Architectural Review Board action must be evaluated on its own
merits, with the Architectural Review Board exercising the broadest
discretionary judgment that is consistent with the requirements of
this Declaration.
15.8 Review. The Architectural Review Board from time to time
may appoint one or more persons to make preliminary review of any
applications and report such applications with such person's
advisory recommendations for Architectural Review Board action-:
After the Developer gives up control of the Architectural Review
Board, the Architectural Review Board's procedures for review and
enforcement of the provisions of this Article in all events and at
all times must provide any affected person with reasonable advance
notice and a reasonable opportunity to be heard in person and
through appropriate representatives of such person's choosing in a
reasonably impartial manner.
15.9 Applications. Any applications for Architectural Review
Board approval must be accompanied by three (3) sets of plans and
specifications, together with such renderings, samples, models, and
other information as the Architectural Review Board reasonably may
require. Any application submitted other than by Owner must attach
the Owner's written consent to the approval requested. The
application must include the Owner's street address. Any
application for installation of any building or other permanent
structure must include a landscaping plan and detailed plot plan of
any permanent improvements and structures. If requested, the
Architectural Review Board may require the preliminary staking of
such improvements and structures according to such plan for
Architectural Review Board inspection. Any application for the
initial installation of any residential dwelling must also include
a grading and drainage plan and tree survey. Any costs of filing
and processing an application pursuant to this Article are at the
expense of the applicant; and the Association also may impose a
reasonable, uniform application fee to defray the Architectural
Review Board's costs.
15.10 Procedure, Within fourteen (14) days after receiving an
application, the Architectural Review Board either must approve the
58
application as submitted or notify the applicant of (i) the
Architectural Review Board's decision to deny the application, or
(ii) any additional plans, specifications, drawings, or other items
that the Architectural Review Board will require to act upon the
application, or (iii) both of the foregoing. The Architectural
Review Board's failure to so notify the applicant operates as an
approval of the application as submitted. Upon receiving the
foregoing notice, the applicant may request a hearing before the
Architectural Review Board, at which the applicant, personally and
through representatives of the applicant's choosing, is entitled to
a reasonable opportunity to be heard in a reasonably impartial
manner, after reasonable advance notice. No particular formality
is required for any of the Architectural Review Board's
proceedings, including any hearing, nor is any record required.
Unless the applicant agrees otherwise, the Architectural Review
Board must approve or disapprove any application within fourteen
(14) days after receipt.
15.11 Approval. The Architectural Review Board's approval is
deemed given under any of the following circumstances: (i) the
Architectural Review Board fails to deny any application within
fourteen (14) days after receipt, unless the applicant agrees to a
longer period of time; or (ii) the Architectural Review Board fails
to notify the applicant of its intent to deny an application, or
that further information is required, within fourteen (14) days
after receipt of an application, as provided in Section 15.10. In
all other events, the Architectural Review Board's approval must be
in writing and endorsed upon two (2) sets of the plans and
specifications, one of which must be returned to the applicant and
one retained in the Association's permanent records for a period of
two (2) years. Upon completion of the approved work, the applicant
and any architect, engineer, contractor, or other reasonable
professional must certify to the Association in writing that the
work has been completed substantially according to the approved
plans and specifications; and no Statute of Limitations begins to
run in favor of any Owner or other applicant with respect to any
substantial non-conformity to the approved plans and specifications
until such certificate is filed.
15.12 Chanqes. Any change to any plans and specifications
previously approved by the Architectural Review Board affecting
exterior elements of the Improvements also must be approved by the
Architectural Review Board as provided in this Article XV, except
that the Architectural Review Board will expedite, to the extent
practical, any such application that is made while construction is
in progress. The Architectural Review Board in no event is
required to act upon any such application in less than ten (10)
days, however.
15.13 Notice of Action. No suit, proceeding or other action to
enforce the provisions of this Article XV may be commenced or
continued, nor may any of the provisions of this Article XV be
59
enforced, against any person who acquires any interest in a Lot
without actual knowledge that a building or other structure
(including walls and fencing) was installed, maintained, or
restored on the Lot, as the case may be, in violation of the
requirements of this Article unless such suit, action, or other
proceeding is commenced within one (1) year after the City has
issued a Certificate of Occupancy, or its equivalent. No such
action may be commenced, continued, or otherwise enforced against
any purchaser or creditor who acquires an interest in, or a lien
upon, any Lot for value, other than pre-existing indebtedness, and
without actual knowledge of any such violation, if such purchaser
or creditor obtained a statement under oath from the applicable
Owner that no violation existed on such Lot at the time value was
given or paid. Upon payment of any reasonable uniform charge that
the Association from time to time may impose to defray its costs,
the Association within ten (10) days after request will issue an
appropriate certificate of compliance or non-compliance, as the
case may be, with the p:rovisions of this Article XV, that is
binding and conclusive as to the information it sets forth, upon
both the Association and any person without actual knowledge to the
contrary.
15.14 Developer Action. Notwithstanding any provision of this
Article XV, no Architectural Review Board approval is required for
any residential dwelling or any of its appurtenances constructed b~
Developer on any Lot as part of the development of Wicklow Greens
at Tuscawilla, so long as it otherwise conforms to the applicable
requirements of this Declaration, including the Design Standards
Manual. The foregoing exemption is for the exclusive benefit of
Developer and may not be extended by Developer to any building or
any Owner other than Developer.
15.15 Exculpation for Approval or Disapproval of Plans. The
Developer, the Association, the Architectural Review Board, and any
and all officers, directors, employees, agents and members of
either the Developer, the Association, or the Architectural Review
Board shall not, either jointly or severally, be liable or
accountable in damages or otherwise to any Owner or other person or
party whomsoever or whatsoever by reason, or on account of, any
decision, approval or disapproval of any plans, specifications or
other materials required to be submitted for review and approval
pursuant to the provisions of this Article XV, or for any mistake
in judgment, negligence, misfeasance or nonfeasance related to or
in connection with any such decision, approval or disapproval.
Each person who shall submit plans, specifications or other
materials to the Architectural Review Board for consent or approval
pursuant to the provisions of this Article XV, by the submission
thereof, and each Owner by acquiring title to any Lot or any
interest therein, shall be deemed to have waived the right to, and.
shall not, bring any action, proceeding or suit against Developer,
the Architectural Review Board, the Association or any individual
member, officer, director, employee or agent of any of them for the
60
purpose of recovering damages or for any other relief on account of
any such decision, approval, disapproval, mistake in judgment,
negligence, misfeasance or nonfeasance. Plans, specifications and
other materials submitted to and approved by the Architectural
Review Board, or by Developer or the Board of Directors, as the
case may be, are being reviewed and approved based solely on their
compliance with the provisions of this Declaration and as to
aesthetic considerations. No person or entity shall have the right
to rely on approval or disapproval of plans and specifications or
any other materials as a representation of any sort regarding
compliance with sound construction or building standards, any
applicable Governmental Regulations, including, without limitation,
any applicable building or zoning laws, ordinances, rules or
regulations. By the approval of any such plans, specifications or
materials, neither Developer, the Architectural Review Board, the
Association, nor any individual member, officer, director, employee
or agent of any of them, shall assume or incur any liability or
responsibility whatsoeve~ for any violation of Governmental
Regulations or any defect in design or construction.
Notwithstanding the foregoing, the areas of exculpation addressed
above are not intended to include a release of the affected persons
from undertaking their responsibilities in a good faith, diligent
fashion.
ARTICLE XVI
AMENDMENT
16.1 Amendment bv Develooer. Subj ect to the provisions of
Section 16.5 of this Declaration until Developer no longer holds an
ownership interest in any Lot or other lands within the Subject
Property, the terms and provisions of and the covenants,
conditions, restrictions, easements and reservations set forth in
this Declaration may be changed, amended or modified from time to
time by Developer in its sole, but reasonable discretion, and
without requiring the joinder or consent of any person or party
whomsoever, including without limitation, the City, the Association
or any Owner or Owners. The City shall be furnished a recorded
copy of any amendment to this Declaration,
16.2 Amendment bv Association. Subject to the provisions of
Section 16.5 of this Declaration, the terms and provisions of and
the covenants, conditions, restrictions, easements and reservations
set forth in this Declaration may be changed, amended, or modified
at any time and from time to time by the Association upon the
affirmative written consent or the vote of not less than seventy-
five percent (75%) of the total voting power of the members of the
Association; provided, however, that until Developer no longer
holds an ownership interest in any Lot or other lands within the
Subject Property, no such change," amendment or modification by the.
Association shall be effective without Developer's express written
joinder and consent on the amending instrument,
61
16.3 Manifestation of Requisite Consent. In the case of any
change, amendment or modification of this Declaration by the
Association which requires the affirmative written consent or vote
of members of the Association as hereinabove provided in Section
16.2, the acquisition of the requisite written consent or vote of
members shall be manifested on the face of the amending instrument
in a certificate duly executed and sworn to before a Notary Public
by the President, or Vice President, and the Secretary of the
Association affirmatively stating that such requisite affirmative
written consent or vote has, in fact, been acquired or obtained
prior to the recordation of such amending instrument among the
Public Records of the County. Such certificate shall be and
constitute conclusive evidence of the satisfaction of the provision
of Section 16.2 of this Declaration with respect to the change,
amendment or modification of this Declaration effected by the
amending instrument of which such certificate is made a part.
16.4 Effectiveness of Amendments. All changes, amendments or
modifications of this Declaration shall be manifested in a written
amending instrument duly executed by Developer or the Association,
or both, as may from time to time be required pursuant to the
provisions of this Article XVI, and shall be duly recorded among
the Public Records of the County. Such change, amendment or
modification of this Decl~ration shall be effective as of the date
of such recordation or such later date as may be specified in the
amending instrument itself.
16.5 Limitations on Amendments. Notwithstanding anything to
the contrary set forth in this Declaration, the rights of Developer
and/or the Association to change, amend or modify the terms and
provisions of and the covenants, conditions, restrictions,
easements and reservations set forth in this Declaration shall at
all times be subject to and limited and restricted as follows, to
wit:
(a) This Declaration shall at all times be subject to
the rules, laws, ordinances and codes of the City.
(b) To the extent that particular rights or interests
are expressly conferred herein upon or granted to the City, the
particular terms and provisions of this Declaration pursuant to
which any such rights and interests are conferred upon and granted
to the City shall not be changed, amended or modified without the
prior written consent and joinder of the City.
(c) To the extent that any term or provision of this
Declaration may be included herein in satisfaction of any
conditions to approval of the Land Use Plan for the Tuscawilla PUD,
as any conditions to approval may, from time to time, be changed, .
amended or modified by the City pursuant to appropriate law or by
action of the City, such terms or provisions of this Declaration
shall not be changed, amended, or modified or otherwise deleted or
62
eliminated from this Declaration without the prior written consent
and joinder of the City.
(d) This Declaration may not be" changed, amended or
modified in such manner as to terminate or eliminate any easements
granted or reserved herein to the Developer or the City,
respectively, without the prior written approval of the Developer
or the City, as the case may be, and any attempt to do so shall be
void and or'no force and effect.
(e) Any amendments to the Declaration which alter the
surface water or stormwater management system, beyond maintenance
in its original condition, including the water management portions
of the common areas, must have the prior approval of the St. Johns
River Water Management District and the City.
(f) This Declaration may not be changed, amended or
modified in any fashion ~hich will result in or facilitate the
dissolution of the Association or the abandonment or termination of
the obligation of the Association to maintain the Common Property.
(g) This Declaration may not be changed, amended or
modified in any fashion which would affect the surface water
management system for the"Subject Property, or its maintenance by
the Association, without the prior written consent and approval of"
the St. Johns River Water Management District and the City.
(h) This Declaration may not be changed, amended or
modified in such fashion as to change, amend, modify, eliminate or
delete the provisions of this Section 16.5 of this Declaration
without the prior written consent and joinder of Developer, in any
case, and to the extent of any proposed change, amendment or
modification which shall affect the rights of the City or the St.
Johns Water Management District hereunder, the same shall require
the written consent and joinder of the City or the St. Johns River
Water Management District, as the case may be.
ARTICLE XVII
DURATION
The terms and provisions of and covenants, conditions,
easements, restrictions and reservations set forth in this
Declaration shall continue to be binding upon the Developer and the
Association and upon each Owner and all Owners from time to time of
any portion of the Subject Property and their respective successors
and assigns and all other persons, parties or legal entities having
or claiming any right, title or interest in the Subject Property,
by, through or under any of them, for a period of sixty (60) years
from the date this Declaration is recorded among the Public Records.
of the County, after which time this Declaration and the covenants,
conditions, restrictions and reservations set forth herein, as the
same shall have been changed, amended or modified from time to
63
time, shall be automatically extended for successive periods of ten
(10) years unless an instrument of termination executed by the
Association upon the affirmative written consent or the vote of not
less than ninety-five percent (95%) of the total voting power of
the members of the Association (certified as provided in Section
16.3 of this Declaration), with the consent and joinder of the
City, shall be recorded among the Public Records of the County at
least one (1) year prior to the end of the initial term or any
subsequent extension term of this Declaration. Each of the
easements herein declared;to be created, granted or reserved shall
continue to be binding upon Developer and the Association and upon
each Owner and all Owners from time to time of any portion of the
Subject Property and their respective successors and assigns and
all persons, parties and legal entities claiming by, through or
under any of them in perpetuity, unless any such easement shall
have been changed, amended, modified, released or terminated by the
execution and recordation among the Public Records of the County of
a written instrument or CQurt order, as the case may be, which, in
either case, is otherwise legally sufficient in all respects to
effect any such change, amendmen~, modification, release or
termination of any such: easement.
.ARTICLE XVIII
ENFORCEMENT
18.1 Parties Entitled to Enforce. Subject to the provisions
of Section 18.2 of this Declaration, the terms, provisions,
covenants, conditions, restrictions, easements and reservations set
forth in this Declaration, as changed, amended or modified from
time to time, shall be enforceable by Developer, the Association
and/or any Owner whose membership privileges in the Association
have not been suspended as contemplated in Section 13.1.
Additionally, to the extent that particular rights or interests are
expressly conferred upon or granted to the City pursuant to this
Declaration, the particular terms and provisions of this
Declaration conferring or granting such rights or interests to the
City shall also be enforceable by the City. Those so entitled to
enforce the provisions of this Declaration shall have the right to
bring proceedings at law or in equity against the party or parties
violating or attempting to violate any of said covenants,
conditions, restrictions, easements or reservations or against the
party or parties defaulting or attempting to default in his, its or
their obligations hereunder in order to (a) enjoin any such
violation or attempted violation or any such default or attempted
default, (b) cause any such violation or attempted violation or
default or attempted default to be cured, remedied or corrected,
(c) recover damages resulting from or occasioned by or on account
of any such violation or attempted violation or default or
attempted default and (d) recover costs and expenses, including.
attorneys' and paralegals' fees and costs, incurred in connection
with the enforcement of this Declaration. The St. Johns River
Water Management District shall have the right to enforce, by a
64
proceeding at law or in equity, the provisions contained in this
Declaration which relate to the maintenance, operation and repair
of the surface water or stormwater management system.
18.2 Limitations on Enforcement Riqhts. Notwithstanding the
foregoing provisions of Section 18.1 of this Declaration, the right
to enforce the provisions of this Declaration shall be subject to
and limited by the requirement that the Association shall have the
exclusive right to collect Assessments and enforce Assessment
liens. To the extent; that specific rights, interests or
reservations are conferred upon or granted or reserved to specific
parties pursuant to this Declaration only those parties upon or to
whom or which such rights, interests or reservations are conferred,
granted or reserved shall have the right to enforce the provisions
of this Declaration relating to such rights, interests or
reservations.
18.3 Enforcement bv Owners. Only Developer and the
Association shall have the right to enforce the provisions of
Article XV of this Declaration with respect to architectural and
landscape control. It is expressly provided, however, that if both
Developer and the Association fail, refuse or are unable to
commence enforcement of such provisions within thirty (30) days
following written demand to do so from any Owner, any Owner who
makes such demand and who :otherwise has standing to do so, shall
have the right to enforce the provisions of said Article xv;
provided, however, that such right of enforcement shall not include
the right to seek judicial review or discretionary decisions made
either by Developer, the Association or the Architectural Review
Board where the discretion to make such decision is expressly
conferred pursuant to this Declaration.
18.4 Attornevs' Fees. In the event that legal or equitable
proceedings are instituted or brought to enforce any of the
provisions set forth in this Declaration, as changed, amended and
modified from time to time, or to enjoin any violation or attempted
violation or default or attempted default of the same, the
prevailing party in such proceeding shall be entitled to recover,
from the losing party such reasonable attorneys' and paralegals'
fees and court costs as may be awarded by the court rendering
judgment in such proceedings, whether incurred at the trial or
appellate level.
18.5 No Waiver. Failure by Developer, the Association, any
Owner or the City (only to the extent any right of enforcement is
otherwise granted to or conferred upon the City pursuant to this
Declaration), to enforce any term, provision, covenant, condition,
restriction, easement or reservation herein contained in any
particular instance or on any particular occasion shall not be
deemed a waiver of the right to do so upon any subsequent violation
or attempted violation or default or attempted default of the same
65
or any other term, provision, covenant, condition, restriction,
easement or reservation contained herein.
18.6 Nuisance. The result of every act or omission, where any
term or provision of, or covenant, condition, restriction,
easement, or reservation set forth in this Declaration is violated,
breached or in default in whole or in part, is hereby declared to
be and constitute a nuisance, and every remedy allowed by law or
equity against a nuisance, either public or private, shall be
applicable against every': such result, and may be exercised by
Developer, the Association or any Owner.
18.7 Cumulative Riqhts and Remedies. In connection with the
enforcement of this Declaration, all rights, remedies of Developer,
the Association, the Owners and the City (to the extent provided
herein), shall be cumulative, and no single right or remedy shall
be exclusive of any other.
18.8 Effect of Invalidation. If in the course of an attempt
to enforce this Declaration, any particular provision of this
Declaration is held to be invalid by any court, the invalidity of
such provision shall not affect the validity of the remaining
provisions hereof.
18.9 Exculpation. Developer, the Association, the'
Architectural Review Board, and the individual members, officers,
directors, employees or agents of any of them, shall not, jointly
or severally, be liable or accountable in damages or otherwise to
any Owner or other party affected by this Declaration, or to anyone
submitting plans or other materials for any required consent or
approval hereunder, by reason or on account of any decision,
approval or disapproval required to be made, given or obtained
pursuant to the provisions of this Declaration, or for any mistake
in judgment, negligence or nonfeasance related to or in connection
with any such decision, approval or disapproval. Each person who
shall submit plans or other materials for consent or approva.l
pursuant to this Declaration, by the submission thereof, and each
Owner of any Lot, by acquiring title thereto or an interest
therein, shall be deemed to have agreed that he or it shall not be
entitled to bring and shall not bring any action, proceeding or
suit against Developer, the Association, the Architectural Review
Board, or any individual member or members or officer or officers,
director or directors, employee or employees or agent or agents of
any of them for the purpose of recovering any such damages or other
relief on account of any such decision, approval or disapproval.
ARTICLE XIX
MISCELLANEOUS PROVISIONS
19.1 Constructive Notice and Acceptance. Every person,
corporation, partnership, limited partnership, trust, association
or other legal entity, who or which shall hereafter have, claim,
66
own or acquire any right, title, interest or estate in or to any
portion of the Subject Property, whether or not such interest is
reflected upon the Public Records of the County shall be
conclusively deemed to have consented and agreed to each and every
term, provisions, covenant, condition, restriction, easement and
reservation contained or by reference incorporated in this
Declaration (including those matters set forth in the Design
Standards Manual), whether or not any reference to this Declaration
is contained in the document or instrument pursuant to which such
person, corporation, partnership, limited partnership, trust,
association or other legal entity shall have acquired such right,
title, interest or estate in the Subject Property or any portion
thereof.
19.2 Personal Covenants. To the extent that the acceptance or
conveyance of a Lot creates a personal covenant between the Owner
of such Lot and Developer, the Association or any other Owner or
Owners, such personal cove~ant shall terminate and be of no further
force or effect from or after the date when a person or entity
ceases to be an Owner except to the extent that this Declaration
may provide otherwise with respect to the personal obligation of
such Owner for the payment of Assessments for which provision is
expressly made in this Declaration.
19.3 Governino Law. This Declaration and the interpretation'
and enforcement of the same shall be governed by and construed in
accordance with the laws of the State of Florida.
19.4 Construction. The provisions of this Declaration shall
be liberally construed so as to effectuate and carry out the
objects and purposes specified in Article II of this Declaration.
19.5 Article and Section. Headinqs. Article and Section
headings contained in the Declaration are for convenience and
reference only and in no way define, describe, extend or limit the
intent, scope or content of the particular Articles or Sections in
which they are contained or to which they refer and, accordingly,
the same shall not be considered or referred to in resolving
questions of interpretation or construction.
19.6 Sinqular Includes Plural, Etc. Whenever the context of
this Declaration reasonably requires the same, the singular shall
include the plural and the plural the singular and the masculine
shall include the feminine and the neuter.
19.7 Time of Essence. Time is of the essence of this
Declaration and ln the performance of all covenants, conditions and
restrictions set forth herein. Whenever a date or the expiration
of any time period specified herein shall fall on a Saturday,.
Sunday or federal banking holiday, the date shall be extended to
the next succeeding business day which is not a Saturday, Sunday or
federal banking holiday.
67
19.8 Notice. Any notice required or permitted to be given
pursuant to the provisions of this Declaration shall be in writing
and shall be delivered as follows:
(a) Notice to an Owner shall be deemed to have been
properly delivered when delivered to the Owner's Lot, whether said
Owner personally receives said notice or not, or placed in the
first class United States mail, postage prepaid, to the most recent
address furnished by such Owner in writing to the Association for
the purpose of giving notice, or if no such address shall have been
furnished, then to the street address of such Owner's Lot. Any
notice so deposited in the mail shall be deemed delivered forty-
eight (48) hours after such deposit. In the case of co-owners any
such notice may be delivered or sent to anyone of the co-owners on
behalf of all co-owners and shall be deemed to be and constitute
delivery on all such co-owners.
(b) Notice .to the Association shall be deemed to have
been properly delivered upon receipt at the address furnished by
the Association or. to the address of its principal place of
business.
(c) Notice to Developer shall be deemed to have been
properly delivered upon re.ceipt at the Developer's address which is
4830 West Kennedy Boulevard, Suite 740, Tampa, Florida 33609.
(d) The affidavit of an officer or authorized agent of
the Association declaring under penalty of perjury that a notice
has been properly mailed to any Owner or Owners to the address or
addresses shown on the records of the Association, shall be deemed
conclusive proof of such mailing, whether or not such notices are
actually received.
19.9 Development and Construction bv Developer. Nothing set
forth in this Declaration shall be deemed, either expressly or
impliedly, to limit the right of Developer to change, alter or
amend its development plan or plans for the Subject Property, or to
construct such improvements as Developer deems advisable prior to
the completion of the development of all of the Subject Property.
Developer reserves the right to alter its development and
construction plans and designs as it deems appropriate from time to
time; subject, however, to all applicable Governmental Regulations,
including, without limitation, those of the City.
19.10 Assiqnment of Developer's Riqhts and Interests. The
rights and interests of Developer under this Declaration may be
transferred and assigned by Developer to any successor or
successors to all or part of Developer's interest in the Subject
Property by an express transfer, conveyance or assignment.
incorporated into any recorded deed or other instrument, as the
case may be, transferring, conveying or assigning such rights and
interests to such successor.
68
19.11 No Warranties. This Declaration is made for the objects
and purposes set forth in Article II of this Declaration and
Developer makes no warranties or representations express or implied
as to the binding effect or enforceability of all or any portion of
the terms and provisions of or the covenants, conditions,
restrictions, easements and reservations set forth in this
Declaration, or as to the compliance of any of the same with public
laws, ordinances and regulations applicable thereto.
IN WITNESS WHEREOF Developer has caused this Declaration of
Covenants, Conditions and Restrictions to be made and executed as
of the day and year first above written.
Witnesses:
WICKLOW, LTD., a Florida
limited partnership
By: ELJH Orlando, Inc., a
Florida corporation, its
General Partner
By:
Name:
Title:
Print Name:
Print Name:
STATE OF
SS:
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 1998, by , as
· of ELJH Orlando, Inc., a Florida corporation,
as General Partner and on behalf of WICKLOW, LTD., a Florida
limited partnership. He/She is personally known to me or has
produced as identification and who did/did
not take an oath.
Notary Stamp
Signature of Person Taking
Acknowledgment
Print Name:
Title: Notary Public
Serial No. (if any)
Commission Expires:
2527-025-0453588.03
69
JOINDER OF MORTGAGEE
The undersigned, on behalf of
(the "Lender") being the owner and holder of (i) that certain
Mortgage and Security Agreement executed , by
, recorded on , in Official
Records Book at Page (ii) that certain Collateral
Assignment of--r&ases, Ren~and Contract Rights executed
by recorded on
in Official Records Book , Page , and (iii)
that certain UCC-1 Financing Statement recorded ---- in
Official Records Book , Page , all of the Public Records of
Seminole County, Florida. The--aforesaid loan documents are
collectively referred to in this Joinder as the "Security
Documents." The Lender hereby joins in the execution of the within
and foregoing Declaration of Covenants, Conditions, Easements and
Restrictions for the Reserve at Tuscawilla (the "Declaration") for
the express purpose of manifesting its agreement with and consent
to the recordation of the Declaration and for the further purpose
of subordinating, and it does hereby subordinate, the lien and
encumbrance of the Security Documents to each and everyone of the
covenants, conditions, restrictions, easements and reservations set
forth in the Declaration..
IN WITNESS WHEREOF, the Lender has caused these present to be
executed by its undersigned officer thereunto duly authorized on
this ____ day of , 1998.
Witnesses:
By:
Name:
Title:
Print Name:
Print Name:
2527-025-0453588.03
70
STATE OF FLORIDA
SS:
COUNTY OF
The foregoing instrument was acknowledged before me this ____
day of , 1998 by , the
of , a
, on behalf--of------------He!She/They
to me or has/have produced
as identification.
is/are
personally
known
Notary Stamp
Signature of Person Taking
Acknowledgment
Print Name:
Title: Notary Public
Serial No. (if any)
Commission Expires:
2527-025-0453588.03
71
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.----
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DESCRIPTION:
fROM lHE NORlHEAST CORNER Of 'MNTER SPRINGS UNIT 3, AS RECORDED IN PLAT BOOK 17,
. PAGES 89 AND 90, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, RUN SOUTH
87"51'00- 't'trST ALONG THE NORTHERLY BOUNDARY LINE OF SAID 'MNTER SPRINGS UNIT
3, A DISTANCE OF 356.77 FEET, ltlENCE LEA\i1NG ltlE AFORESAID NORltlERLY BOUNDARY
LINE OF WINTER SPRINGS UNIT 3, RUN NORTH 011"44- 't'trST 350.51 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 70.29'34-, 't'trST 215.02 FEET; THENCE SOUTH
79.44'00- ~ST 630.09 FEET; THENCE SOUTH 36.44'30- ~ST 103.84 FEET; THENCE
SOUTH 0015'09- EAST 244.83 FEET TO A POINT ON ltlE AFOREMEN1l0NED NORltlERL Y
BOUNDARY UNE OF Yr1NTER SPRINGS UNIT 3, THENCE SOUltl 89.44'51- Vt(ST ALONG SAID
NORTHERLY LINE 80.00 FEET; 'THENCE NORltl 0015'09- ~ST 428.41 FEET, ltlENCE
NORlH 0412'06- EAST 78.61 FEET TO ltlE SOUTHEAST CORNER OF LOT 10, -WOODSlREAM
REPLAr, RECORDED IN PLAT BOOK 40, PAGE 39, OF ltlE PUBUC RECORDS OF SEMINOLE
COUNTY, flORIDA; lHENCE RUN AlONG lHE NORlHEASTERL Y, NORTHERLY AND NORTHVlrSTERL Y
BOUNDARY OF SAID -WOODSTEAM REPLA r THE FOLLOWING COURSES: THENCE NORTH
1016-00- ~ST 259.99 FEET; ltlENCE NORTH 1,.23'44- ~ST 135.86 FEET, THENCE
NORTH 60"35'58- ~ST 40.00 FEET, THENCE NORTH 29.24'02- EAST 10.00 FEET,
THENCE NORTH 60.35'56- VvrST 135.00 FEET; ltlENCE SOUltl 58.46'51- 't'trST 156.53
FEET, TO A POINT ON lHE NORlHEASTERL Y UNE OF -WOODSTREAM- AS RECORDED IN PLAT
BOOK 24, PAGES 97 AND 98, OF THE PUBUC RECORDS OF SEMINOLE COUNTY, flORIDA,
ltlENCE NORTH 45"32'3r ~ST ALONG SAID NORTHEASTERLY UNE 115.00 FEET TO THE
SOUTHEASTERLY RIGHT-OF-WAY UNE OF NANCY CIRCLE. SAID POINT BEING A POINT OF
CURVATURE OF A CURly{ CONCA Iy{ SOUltlEASTERL Y AND HA V1NG A RADIUS OF 368.65 FEET;
lHENCE fROM A TANGENT BEARING or NORlH 44"27'83- EAST, RUN NORll-iEASTERL Y ALONG
THE ARC OF SAID CUR~ AND SAID SOUltlEASTERLY RIGHT-OF-WAY UNE 65.03 FEET,
THROUGH A CENTRAL ANGLE OF 10-06'26-, THENCE LEAV1NG SAID RIGHT-Of-WAY LINE.
RUN THENCE NORTH 45.32'37- Vt(ST ALONG THE SOUTHVt(STERL Y UNE Of LOT 305, Of
SAID -WOODSTREAt.4- AND NORlHVlrSTERLY EXlENSION lHEREOF A DISTANCE OF 367.56 FEET
TO THE CENTERUNE OF HOVt(LL CREEK, THENCE RUN ALONG THE CENTERUNE Of HO~LL
CREEK THE FOLLOWING COURSES: NORTH 41'08"'- EAST 36.90 FEET, NORTH
25'52'29" WEST 74.17 FEET; NORTH 79.51'51" EAST 71.32 FEET, SOUTH
75.35'29" EAST 74.63 FEET; NORTH 54.29'51" EAST 58.32 FEET; NORTH
57"23'49" 'NEST 85.20 FEET; NORTH 5,.,5'31" EAST 118.86 FEET; NORTH
43.22'09- 'NEST 65.00 FEET; NORTH 44.08'1,- EAST 141.79 FEET; SOUTH
47"22'09" EAST 31.52 FEET: NORTH 72.35'48" EAST 75.81 FEET; SOUTH
21.36'52" EAST 73.70 FEET; NORTH 64.31'08" EAST 46.70 FEET; NORTH
29.22'08" EAST 151.40 FEET; NORTH 0112'18" EAST 39.60 FEET; NORTH
. 56"54'08" EAST 95.50 FEET; NORTH 21"23'08" EAST 42.70 FEET; NORTH
61.40'48" EAST 22.95 FEET; SOUTH 40"20'32" EAST 67.00 FEET; SOUTH
82"06'22- EAST 86.80 FEET; NORTH 4913'58- EAST 36.14 FEET; THENCE LEAVING
"'THE AFORESAID CENTERLINE OF HO't'trLL CREEK, RUN THENCE SOUTH 17"04'38- EAST
365.28 FEET: RUN THENCE SOUTH 31"44'13- EAST 765.84 FEET; RUN THENCE SOUTH
75.52'42- EAST 331.30 FEET. RUN THENCE SOUTH 0111'44- EAST 418.79 TO THE
POINT OF BEGINNING.
E >d" ~ L ; l-
I' A- II