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HomeMy WebLinkAbout2000 01 24 Consent A Removal from Table For Recordation of The Plat for The Reserve at Tuscawilla Phase 1-A COMMISSION AGENDA ITEM A Consent xx Information Public Hearing Ree:ular January 24.2000 Meeting MGR. {0-- fD( REQUEST: Community Development Department, Land Development Division, requests that the Commission remove from the table for action on the recordation of the plat for The Reserve at Tuscawilla Phase I-A. PURPOSE: The purpose of this agenda item is to remove from the table the request for the recordation of the plat for The Reserve at Tuscawilla Phase I-A (property located east of Tuscora Drive, north of trail, west of Howell Creek and south ofSR 434). This phase will contain five (5) creek front lots. FINDINGS: The Commission, at their meeting of January 10, 2000, voted to table this item until the Commission meeting of January 24, 2000. RECOMMENDATION: The recommendation is that the City Commission approve the recordation of the plat for the Reserve at Tuscawilla Phase I-A with the caveat that building permits will not be issued until FEMA issues the Letter of Map Revision for these lots. ATTACHMENTS: A - Agenda package of the January 10, 2000 Commission Meeting (less proposed plat) COMMISSION ACTION: ATTACHMENT A COMMISSION AGENDA ITEM A Consent Information Public Hearin Re ular xx January 10, 2000 Meeting MGR.~ /Dept.~ _ __ r REQUEST: Community Development Department, Land Development Division, requests that the Commission approve the recordation of the plat for The Reserve at Tuscawilla Phase I-A. PURPOSE: The purpose of this agenda item is to record the plat for The Reserve at Tuscawilla . Phase I-A (property located east of Tuscora Drive, north of trail, west of Howell Creek and south of SR 434). This phase will contain five (5) creek front lots. APPLICABLE CODE: Code Section 9-75. Final Plat, contents and recording procedures. (a) The final plat shall conform substantially to the approved preliminary plan, and shall be submitted to the city planner as follows: (1) The final plat shall include one (1) linen original. 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 of lands embraced in this plat and to the dedication(s) shown herein; and further, should it become necessary to foreclose the mortgage covering the propelj1:y, 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." January 10,2000 CONSENT AGENDA ITEM A 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 plat for the perpetual use of all public purposes. (b) Three (3) copies of all protective or restrictive covenants to be recorded shall be submitted with the final plat. (c) A letter from an acceptable abstractor shall certifY the following: (1) That the parties executing the plats are owners of the land included therein. (2) All recorded mortgages, liens and other encumbrances. (3) That taxes and assessments have been paid to date. (4) That the description shown on the plat is correct. (d) An appropriate bond submitted in accordance with the bonding procedures set forth in section 9-76 shall be required for all developments within which improvements are to be dedicated to the public. Code 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 regulation established by this chapter. Action by the city commission may be taken expeditiously, but not to exceed thirty (30) days after receipt of the final plat and supporting data by the city unless delay is requested or caused by the applicant. If the commission certifies that the development has met all requirements hereof, the plat shall be endorsed as finally approved by the mayor and attested by the city clerk in order that the same may be recorded among the public records of the county. Code Section 9-78. Recording/distribution of the final plat. Upon completion of all approval action, the city planner shall be responsible for ensuring that the original linen is signed and sealed, and the plan and deed restrictions, if any, are delivered to the appropriate authority for recording. The developer shall submit to the city the recording fee as specified in the current fee schedule. January 10, 2000 CONSENT AGENDA ITEM A Page 3 CHRONOLOGY: December 8, 1997 - Engineering for five (5) Floodway Lots on the west side of Howell Creek approved by Commission November 3, 1999 - City Engineer approved As-built Engineering FINDINGS: 1) There are no improvements for the City to accept, therefore, a maintenance bond is not required. 2) Paragraph 5 of the Amended Covenants state that the non-creek front lots will only have their homeowners' association dues increased to no more than $24.00 per year and any other costs will be borne by the creek front lots. 3) Paragraph 6 of the Amended Covenants addresses the required monitoring, testing and inspecting of the fill slopes and compensation area. 4) Paragraph 9 of the Amended Covenants addresses the City's right to perform flood way monitoring/maintenance plan and collect assessments. 5) Building permits will not be issued until such time as FEMA has issued the Letter of Map Revision removing these lots from the floodway. RECOMMENDA TION: The recommendation is that the City Commission approve the recordation of the plat for The Reserve at Tuscawilla Phase I-A with the caveat that building permits will not be issued until FEMA issues the Letter of Map Revision for these lots. A TT ACHMENTS: A - Land Development Coordinator Memo to City Attorney dated December 1 7, 1999 B - Amended Covenants COMMISSION ACTION: ATTACHMENT A December 17, 1999 To: Anthony Garganese City Attorney v From: Don LeBlanc Land Development Coordinator Re: Title Opinion and Plat The Reserve at Tuscawilla Phase I-A Attached for your legal review are those below listed items: 1) Title Opinion - all appears to be proper. 2) Plat - Staff and a third party surveyor have reviewed this plat and found it to be acceptable (please see attached City Engineer memo dated February 17, 1999 anp' Public WorksfUtility Director memo dated February 18, 1999). The third p~rti- surveyor has signed off on the mylar. ." . 3) Also attached, for your information, is the City Engineer letter to Michael B. Galura dated November 3, 1999. Commission approval is needed to record this plat and has been scheduled for the January 10, 2000 meeting. AKERMAN. SENTERFITT [) EIDSON. P. A. ATTORNEYS AT LAW CITRUS CENTER 255 SOUTH ORANGE AVENUE POST OFFICE BOX 231 or?LANDO, FLORIDA 32602-0231 Direct Dial: 407/419-8475 Email rpoppell@akerman.com (407) 643-7660 TELECOPY (407) 643-6610 December 7, 1999 City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32709 Re: Certificate of Title for The Reserve at Tuscawil~~(~ Phase I-A Replat Gentlemen: Please be advised that the undersigned are the attorneys for Richland Tuscawilla, Ltd., a Florida limited partnership. As such, the undersigned attorneys have examined Certificate of Title Information No. 94.05046, dated November 12, 1999 at 5:00 p.m., prepared by First American Title Insurance Company on the following described property located in Seminole County, Florida to wit: See legal description attached as Exhibit "A." The parcel of land described on Exhibit "A" is the same land contained in the plat of The Reserve at Tuscawilla, Phase I-A. Based upon our examination of the Certificate of Title Information and upon other information which we have obtained, we have determined that the title to the subject property is p~esently in fee simple absolute in Richland Tuscawilla, Ltd., a Florida limited partnership, which is the party executing the Plat. The title to the subject property is presently subject to the following matters: 1. The rights of the State of Florida to those portions of the property that comprise sovereignty lands (including without limitation submerged, filled and artificially exposed lands). 2. Taxes for the year 1999 and subsequent years. Taxes for ()({2 ~ OS",l.; I ()Jlj /\Nnn r"c)p,- j Atll)r"rJnl\l j" f-1I^MI T'^l I /'Itl^r~"'~"t." l' ^ '.~ :'.". '//1;'" <:;-, r I~ 1\ t ...., nr ^r::H City of Winter Springs December 7, 1999 Paqe 2 the years prior to 1999 have been paid. 3. Final Order Approving Settlement Agreement and Amendment to Annexation Ordinance No. 64 recorded in Official Records Book 2243, Page 1508, Ordinance No. 489 recorded in Official Records Book 2277, Page 464 and Settlement Agreement and Amendment to Annexation Ordinance No. 64 recorded in Official Records Book 2277, Page 469, all in the Public Records of Seminole County, Florida. 4. Unrecorded Developer Agreement between Winter Springs Development Joint Venture and The City of Winter Springs date(j'-- April 26, 1990 and unrecorded Addendum 1:0 Developer Agreement between Winter Springs Development Joint Venture and The City of Winter Springs dated September 17, ,1993. Affidavit confirming Development Agreement, recorded July 18, 1996 in Official Records Book 3102, Page 1272, Public Records of Seminole County, Florida. 5. General Bill of Sale and Assignment recorded In Official Records Book 1952, Page 299, Public Records of Seminole County, Florida. 6. All agreements, obligations, restrictions, easements, covenants, conditions and limitations contained in or arising out of the plat of The Reserve at Tuscawilla, Phase I, recorded in Plat Book 48, Pages 31 through 40, inclusive, Public Records of Seminole County, Florida. 7. Declaration of Covenants, Conditions, Easements, and Restrictions for The Reserve at Tuscawilla recorded December 1, 1994 in Official Records Book 2853, Page 1055; Supplemental Declaration and Amendment of Covenants, Conditions and Restrictions for The Reserve at Tuscawilla recorded in Official Records Book 2999, Page 18; and Amendment to Declaration of Covenants, Conditions, Easements and Restrictions for the Reserve at Tuscawilla and Grant of Easement recorded August 19, 1999 in Official Records Book 3709, Page 189, all of the Public Records of Seminole County, Florida. 8. Declaration of Exclusive Listing and Lien Rights in favor of Urban Properties of Florida, Inc., recorded December 6, 1994 in Official Records Book 2855, Page 1976, Public Records of Seminole County, Florida. 01(2 ~ 055 l; 1 City of Winter Springs December 7, 1999 Paqe 3 9. Impact Fee Credit Agreement between City of Winter Springs, Richland Tuscawilla, Ltd. and Pulte Home Corporation, recorded June 14, 1995 in Official Records Book 2927, Page 1467, Public Records of Seminole County, Florida. 10. Cable Television Installation and Service Agreement, Direct Entry, by and between Time Warner Cable, the Florida Di vision of the Time Warner Entertainment-Advance/Newhouse Partnership and The Reserve at Tuscawilla Community Association, Inc., a Florida not for profit Corporation, recorded September 19, 1995 in Official Records Book 2968, Page 1079, and re-recorded November 6, 1995 in Official Records Book 2989, Page 736, both of the Public Records of Seminole County, Florida. 11. Declaration of Conservation Easement by Richland Tuscawilla, Ltd. and The Reserve at Tuscawilla Community Association, Inc. in favor of. St. Johns River Water:.M9nagement District, dated April 7, 1997, recorded April 14, 1997 in Official Records Book 3223, Page 363, Public Records of Seminole County, Florida. Respectfully submitted, AKERMAN, SENTERFITT & EIDSON, P.A. By: RMP/bt Enclosure OR240551:1 EXHIBIT "A" THE RESERVE AT TUSCAWILLA, PHASE I-A A portion of Tract "E", The Reserve at Tuscawilla, Phase I, as recorded in Plat Book 48, Pages 31 through 40 of the Public Records of Seminole County, Florida. Being more particularly described as follows: Begin at the most Northerly Corner of Lot 9 of said The Reserve at Tuscawilla, Phase I; thence run Northerly along the Easterly right~ of-way line of Cherry Creek Circle (50 foot private roadright-of- way) the following courses: thence from a tangent bearing of North 19015'50" East, run Northerly along a curve concave Westerly and having a radius of 50.00 feet, through a central angle 53007'47", for an arc distance of 46.36 feet to a point of reverse curvature of a curve concave Easterly and having a radius of 25.00 .,feet; thence run Northerly along said curve, through a centrCj.l/a'iigle of 48031'50" for an arc distance of 21.18 feet to a point of-'reverse curvature of a curve concave Westerly and having a radius of 125.00 feet; thence run Northerly along said curve, through a central angle of 15044'46", for an arc distance of 34.35 feet to a point of tangency; thence run North 01004'53" West, for a distance of 318.39 feet to a point of curvature of a curve concave Westerly and having a radius of 125.00 feet; thence run Northerly along said curve, through a central angle of 17001'42" for an arc distance of 37.15 feet; thence departing said Easterly right-of-way line, run North 88055'07" East, for a distance of 494 feet plus or minus to the centerline of Howell Creek; thence run Southerly along said centerline of Howell Creek, for a distance of 634 feet plus or minus to a point on the Northerly line of aforesaid Lot 9; thence departing said centerline, run Westerly and Northerly along said Northerly line the following courses: thence run South 88055'07" West for a distance of 243 feet plus or minus; thence run North 01004' 53" West, for a distance of 66.65 feet; thence' run North 70044'10" West, for a distance of 13.38 feet to the Point of Beginning. ^llan & Company The Reserve at Tuscawilla Phase l-A ",\real\912237\249\legalla,1 LEGALIA; 1 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 DA TE: FebrualY 17, 1999 TO: Land Development Coordinator, Donald LeBlanc FRO ~1: City Engineer, Mark L. Jenkins, P.E. CJJ1t7 ~ V SUBJECT: Reserve at Tuscawilla, Phascl-A (alw floodway lots) Proposed Plat Review (Plat Received February 11, 1999) The subject plat was reviewed and was found to be in general agreement with the proposed plat that is a part of the Final Engineering plans approved by the City Commission on December 8, ] 997. I have no objections to this proposed plat received February .11, ] 999. If you have any questions, please let me know. Cl-': ('olllllluni(v DCl'c/ofJlllcnt Oireclo,. <iCf.~~~!!I~~:(~.\ I ~'.---'_. _ .. ,.' \ I ;.. ("'~"'.~....,::.....~" \":'z \ oJ...;' ,: '-' 'j ~ I \ Q \\ .\~:,;-,~.-\ / ~ l . \ 1f'".:-(1'fj"XOl'-If.:.....J. \.. ;/ j' \ \, \<;59 1,"f' , " . ,<:'.......---/p. / "'-~~:/ Utility I Public Works Department CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 February 18, 1999 TO: Don LeBlanc, Land Development Coordinator FROM: Kipton Lockcuff, P.E., Public WorksfUtility Director Iff.. RE: Proposed Plat - Reserve at Tuscawilla Phase I-A I have reviewed the proposed plat for the reserve at Tuscawilla Phase I-A and have no ' objections. . -.," File CITY OF WINTER SPRINGS, FLORIDA \126 EAST STATE ROAD 434 WINTEI~ SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 November 3, 1999 Michael B. Galura, P.E. PEC - Professional Engineering Consultants, Inc. 200 E. Robinson Suite 1560 Orlando, Florida 32801 RE: Lots 10 Throu2h 14, Plat Name - "The Reserve at Tuscawilla'Phase I-A" Approval of the As-built Engineering. . Dear Mr. Galura: The as-built engineering, as-built inspection fee, engineer's certification includ!ng: the geotechnical reports were received last October 14,1999 for the above subje9t project. The review of these submittals and an inspection of the site found them in general . conformance to the approved engineering and sound engineering practices. Please keep in mind, although these lots are at or above the Base Flood Elevation, the builder of each lot will need to add the additional fill required to achieve the finished floor elevations shown on the approved plans. I recommend this project for final acceptance. If you have any questions, please give me a call at 407-327-1800 extension 315. ~~~ /~, Mark L. Jenkins, l).~ City Engineer cc: Community Development Director /' Land Developmenl Coordinator Building Official Mike Galura, P.E., PEe Fax//. 849-9401 / 9C r .~ J.J C '- -:.u '.>oJ <( .~ ",:~: ?--:} ~~~:~. ~<.:'..~.,,;. ~ ~~n;):l;:-n &. VER\;:-IC(: .c---.......-'-" "- - - : -= .. ~ 1999 AUG I ~'''\ C 30 This instrument prepared by and afcer recording return co: , 2 11, P Q t~ '- l..: -' ..... Robert M. Poppell, Esq. Akerman, Senterfitt & Eidson, P.A. 255 South Orange Avenue, Suite 1700 Orlando, Florida 32801 --'~ --.J :~ ',.0 -~. .. ~-. :"'! .. r - - - - - - - - - - - - - - - - - - - - - [SPACE ABOVE THIS LINE FOR RECORDING DATAl - - - - - - - - - - - - - - - - - - '"-- ., --' AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR THE RESERVE AT TUSCAWILLA AND GRANT OF EASEMENT ..J THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR THE RESERVE AT TUSCAWILLA AND GRANT OF EASEMENT (this "Amendment") is made this / 3 ~ day of August, 1999, by RICHLAND TUSCAWILLA, LTD., a Florida limited partnership, whose address is One Urban Center, 4830 West Kennedy Boulevard, Suite 740, Tampa, Florida 33609, hereinafter referred to as the "Developer". RECITALS A. Developer is the developer of a certain tract of land located in Seminole County, Florida, commonly known and referred to as The Reserve at Tuscawilla and sometimes herein referred to as the "Reserve Development." B. Developer has heretofore placed of Public Record that certain Declaration of Covenants, Conditions, Easements and Restrictions for The Reserve at Tuscawilla, recorded at Official Records Book 2853, Page 1055, as supplemented and amended by that certain Supplemental Declaration and Amendment of Covenants, Conditions and Restrictions for The Reserve at Tuscawilla, recorded at Official Records Book 2999, Page 0018, each of the Public Records of Seminole County, Florida, hereinafter collectively referred to as the "Declaration." OR1811S0; 1 - J' ~.'r r~ 7 0 a '.' .;' l I "r' : . -.1 I , ..' .J '- _ I .,' ,::,'_'. F~ C. The Declaration encumbers and benefits those portions of the Reserve Development known as (i) The Reserve at Tuscawilla, Phase I ("Phase I"), according to the plat thereof recorded in Plat Book 48, Pages 31 through 40, inclusive, Public Records of Seminole County, Florida ("Phase I Plat"), and (ii) The Reserve at Tuscawilla, Phase II ("Phase II"), according to the plat thereof recorded in Plat Book 50, Pages 3 through 9, inclusive, Public Records of Seminole County, Florida ( "Phase I I Plat"), which properties are collectively referred to in the Declaration as the "Subject Property" or "The Reserve at Tuscawilla." D. Developer is the current fee simple owner of that portion of "Tract E" of Phase I more particularly described on Exhibit "A" attached hereto and, by this reference, hereby incorporated herein ("Developable Creek Front Property"). E. The Developable Creek Front Property is included within the Subject Property as part of Phase I, but was not initially planned for developmen,t into Lots due to the need to plan for certain" Floodway Encroachmentsll (as defined below) associated with any development of the Developable Creek Front Property. F. Developer has now received all necessary approvals to replat and develop the Developable Creek Front Property into single-family, residential lots (IICreek Front Lotsll) as part of the Reserve at Tuscawilla, together with certain common areas and improvements for the benefit of the Owners, all as are, or will be, reflected in the replat of the Developable Creek Front Property pursuant to the plat of The Reserve at Tuscawilla Phase I-A as, or to be, recorded in the Public Records of Seminole County, Florida (II Phase I -A Replat") . G. In connection with the development of the Creek Front Lots as part of The Reserve at Tuscawilla, Developer desires to amend the Declaration to (i) provide in favor of the Association an easement for purposes of fulfilling its monitoring and maintenance obligations arising pursuant to the "Floodway Monitoring/Maintenance Planll (as defined below) as required by the City and (ii) impose upon the Association an obligation to contract with a qualified, licensed engineering firm to fulfill the foregoing monitoring and maintenance obligations. H. Developer Pursuant to Article XVI, Section 16.1 of the Declaration, retained the right to change, amend or modify the OR181150;1 2 - - ." ..J' I I.....,... ~ . ":::C~~-: ,.j... :: 7 00 ..1 ..I :; i C , .' :." _'. ,- L Declaration without the joinder or consent of any person or parties whomsoever. NOW, THEREFORE, Developer, for itself and its successors and assigns, by the execution and recording in the Public Records of Seminole County of this Amendment, does hereby declare that the Declaration shall be amended as provided herein. 1. Recitals. The foregoing recitals are true and correct and, by this reference, are hereby incorporated into this Amendment. 2. Defined Terms. All capitalized terms used in this Amendment shall have the same meanings given to such terms in the Declaration, unless otherwise amended or indicated to the contrary in this Amendment. From and after the date of execution of this Amendment, any and all references to the Declaration shall be deemed to refer to the Declaration as amended by this Amendment. The Declaration and this Amendment are sometimes hereinafter collectively referred to as the "Declaration." 3. Applicability of Declaration to Developable Creek Front Property. Notwithstanding the replatting of the Developable Creek Front Property pursuant to the Phase I-A Replat, the Developable Creek Front Property shall remain subject to the scheme, coverage and operative effect of, and shall continue to be held, transferred I and conveyed and occupied subject to the covenants and restrictions contained in, the Declaration to the same extent as if the Creek Front Lots and all common areas, drainage easements, conservation easements, improvements and other matters depicted on the Phase I-A Replat were depicted on the Phase I Plat. Further in this regard, from and after the recording of the Phase I-A Replat, and notwithstanding such replatting of the Developable Creek Front Property, the definition of the Subject Property shall continue to include the Developable Creek Front Property for all intents and purposes under the Declaration, and the definition of all terms used in the Declaration the meanings of which are dependent, directly or indirectly, upon the definition of the Subject Property, including, without limitation, the definition of the terms "Plat," "The Reserve at Tuscawilla'1 or "The Reserve at Tuscawilla Community," "Common Property," "Lot(s)," "Owner," "Drainage Easement," "Conservation Easement" and "Surface or Stormwater Management System," shall be deemed to include the Developable Creek Front Property, all subdivisions thereof and OR1BllSO;1 3 . - -. .. . .;.- :- I ~. ~?00~': ::\ _: ~. , :~ : ..... '. ~ ."',. 7 00 .) -' :J I S 2 .:.... :... - ~:... l~. ,_I, 1- 1- improvements constructed thereon or in connection therewith and other matters depicted on the Phase I-A Replat. 4. Creek Front Lots Drainaoe Easement and Swale System. Each Creek Front Lot shall have a creek front swale comprising a part of the Surface Water Management System for The Reserve at Tuscawilla designed and constructed to prevent direct surface stormwater drainage or discharge into Howell Creek, all in accordance with and pursuant to those certain Construction Plans for Tuscawilla Parcel 80, Phase I -A, Lots 10 -14, FloodwayjFloodplain Modification, originally prepared by Allan Madden Engineering, Inc. and Professional Engineering Consultants, Inc., dated January, 1998, approved by the City on December 8, 1997 ("Construction Plans"). A drainage easement is hereby created and reserved on each Creek Front Lot encompassing the swale system as more particularly provided in Subsection 14.1.2 of the Declaration and as more particularly shown on the Phase I -A Replat. The Developer, City, Association and Owners shall have the same rights wi th respect to . the Creek Front Lot swale system and drainage easement, and the construction, use and maintenance of the swale system shall be subject to the same covenants, restrictions and obligations, as are set forth in Subsection 14.1.2 of the Declaration. 5. Fill Slope and Compensation Area. The Developable Creek Front Property includes an area designated as a floodway within an area of special flood hazard ("Floodway") into which Floodway area there will be certain fill encroachments in connection with the construction of improvements upon the Creek Front Lots '(" Floodway Encroachments"). Construction of any improvements on each Creek Front Lot must be performed in accordance with the Construction Plans. Pursuant to and as depicted on the Construction Plans, the Floodway Encroachments associated with the Creek Front Lots will include elevated building areas and fill slopes ("Fill Slopes") connecting such building areas to the swale system located at the rear of each Creek Front Lot within the twenty foot (20') wide drainage easement depicted on the Phase I-A Replat. The minimum required dimensions of the Fill Slopes are depicted on the Construction Plans. Also pursuant to and as depicted on the Construction Plans, and also as required by the City as a condition of approval of the Floodway Encroachments and Phase I-A ~eplat, the real property constituting the portion of "Tract E" of Phase I not included within the Developable Creek Front Property shall be designated as a "Floodway Compensating Storage Area" and used to OR1B1l50;1 4 \ I.- .,,1 I ;. ',' .'-'- :: (' r ',4' =-.:. ::-; ~ .'.;. 7 0 9, il I C)" . I ) .:' :> .">_l _ _ ,- L mitigate the impacts of the Floodway Encroachments ("Compensation Area") , The Fill Slopes and Compensation Area will form a part of the Surface Water or Stormwater Management System for The Reserve at Tuscawilla. Additionally, the proper monitoring and maintenance of the Fill Slopes and Compensation Area by the Association is crucial to the proper and appropriate development and improvement of each of the Creek Front Lots, is necessary for the protection of such lots against improper and inappropriate development, improvement and use and otherwise will serve to fulfill the objects and purposes of the Declaration. By reason of the foregoing, the Fill Slopes and Compensation Area, and the Association's interest therein by way of the "Floodway Easement" (defined below), form a part of the Common Property of The Reserve at Tuscawilla and as such, pursuant to Article IX, Section 9.8 and Article XII of the Declaration, the administration, regulation, care, maintenance, repair, restoration, replacement, preservation and protection of the Fill Slopes and Compensation Area are and shall be the responsibility of the Association. Further, all expenses associated with such administration, regulation, care, maintenance, etc., including expenses incurred pursuant to the "Floodway Monitoring/Maintenance Planll (defined below), shall be Common Expenses subject to assessment by the Association from the Owners as Regular Assessments pursuant to Article X of the Declaration. Additionally, such Regular Assessments in connection with the Floodway Monitoring/Maintenance Plan shall include assessments to fund an escrow account in an amount, as reasonably determined by the Association, necessary to pay the cost of any "Cross Section Verificationll (defined below) as and when such costs become due. Notwithstanding anything to the contrary contained in the foregoing provisions of this Paragraph 5, and subject to the last paragraph of this Paragraph 5 pertaining to Individual Lot Assessments, in no event shall the Association collect for any calendar year from any Owner, or in respect of any Lot, any Regular Assessment for the administration, regulation, care, maintenance, etc. of the Fill Slopes and Compensation Area, as may be required pursuant to the Floodway Monitoring/Maintenance Plan, in an amount in excess of Twenty- four and NO/lOa U. S. Dollars ($24.00) ("Regular Assessment Cap"). The Regular Assessment Cap shall not appl y, however, to Regular Assessments against Owners or Lots necessary to fund the cost of construction, maintenance, repair or replacement of any Common Property that may, from time to time, be located by OR181150;1 5 J :) .. - -" .....- . .. :- ') 7 0 9 ~I \ g \ ~ '..it~.~i;,i...i~:' :..!_', :- L the Association within the Compensation Area for the benefit of Owners that is not necessary pursuant to the Floodway Monitoring/Maintenance Plan, including, without limitation, park and/ or playground facili ties, including the rout ine mowing and landscaping of the Compensation Area so that such Common Property facilities may be appropriately and safely enjoyed by the Owners. Because of the relationship between the Creek Front Lots and the Fill Slopes and Compensation Area and the direct benefit to the Creek Front Lots from the administration, regulation, care, maintenance, repair, restoration, replacement, preservation and protection of the Fill Slopes and Compensation Area, all expenses incurred by the Association in connection with such administration, regulation, care, maintenance, etc., including expenses incurred pursuant to the Floodway Monitorirtg/Maintenance Plan, in excess of the Regular Assessment Cap shall be assessed against the Creek Front Lots, and the Owners of such Creek Front Lots, as Individual Lot Assessments pursuant to the provisions of Sub-section (c) of Article X, Section 10.li of the Declaration. 6. Monitorinq/Maintenance of Fill Slopes and Compensation Area. As a condition of its approval of the Floodway Encroachments and Phase I-A Replat, the City has required, and by the terms of this Amendment the Declaration shall so provide, that the Fill Slopes and Compensation Area be monitored and maintained in the manner set forth in the following provisions of this Paragraph 6, which provisions shall hereinafter be collectively referred to as the "Floodway Monitoring/Maintenance Plan". The Association shall be responsible for (i) the perpetual monitoring, test ing and inspecting of the Fill Slopes and Compensation Area for the purpose of detecting any erosion, displacement of sod or accretion of sediment at the Fill Slopes or Compensation Area, or any slope instability associated with the Fill Slopes, and (ii) the making or conducting of any maintenance, repairs or replacements, as needed, to maintain the integrity of the Fill Slopes and Compensation Area consistent with the "As-Built" certifications of the Fill Slopes and Compensation Area as submitted to the Federal Emergency Management Agency in connection with the submittal of the Letter of Map Revision reflecting the Floodway Encroachments ("As-Built Certifications"), including, but not necessarily limited to, (a) mowing the grass of, and provision of additional fill and sodding to, the Fill Slopes and Compensation Area as may be necessary due to possible future erosion, displacement of sod, or slope instability, (b) the removal of any sediment accumulating at the OR1811S0;1 6 Jl : ! j,-' .. ,\ -'.... ~ n."'.. :-::',. C. .~ 7 0 q .J J jlSS ':.;F;';;:;uLl ;..;_'. r L Fill Slopes or in the Compensation Area as a result of the development within the Floodway, in a manner so as to ensure that the Fill Slopes and Compensation Area conform to the floodplain management standards established by the City, the St. Johns River Water Management District and the Federal Emergency Management Agency and so that the Fill Slopes and Compensation Area will be restored to the original lines and grades shown on the As-Built Certifications and (c) the removal from Howell Creek of any deposited sediment resulting from erosion of the Fill Slopes. The required monitoring, testing and inspecting of the Fill Slopes and Compensation Area must be performed by a qualified, licensed professional engineering firm: (i) twice per year, in June and October of each year, and (ii) following each rainfall event during which at least eight (8) inches of rainfall occurs during any 24 hour period. Additionally, at intervals of at least every five (5) years from the date of this Amendment, the Association shall cause to be performed a re-verification of the Cross-Sections set forth at pages 5t 6, 7 and 8 of the Construction Plans for purposes of detecting any variation in the flood carrying capacity of the Floodway or any change in the conditions depicted in such Cross-Sections due to the accretion of sediment at the Fill Slopes or Compensation Area ("Cross Section Verification"). The engineering firm retained by the Association must prepare and submit to the Association and the City a signed and sealed report setting forth (i) the results of such monitoring, testing and inspecting of the Fill Slopes and Compensation Area, including the status of the Fill Slopes and Compensation Area as compared to the specifications of the Construction Plans, (ii) the results of the Cross Section Verification, and (iii) any maintenance, repairs or replacements necessary to restore the integrity of the Fill Slopes and Compensation Area consistent with the Construction Plans. Pursuant to the provisions of Article XII, Section 12.4.6 of the Declaration pertaining to the employment of independent contractors to carry out, perform and discharge duties, obligations and responsibilities of the Associationt including but not limited to the Association's obligations with respect to the Common PropertYt the Association shall enter into and continuously maintain in effect for so long as same is required by the City, a contract ( "Floodway Management Agreement") wi th a qual i f ied, licensed professional engineering firm to perform all of the OR1811S0:1 7 : :.~ _.: ::. ::; n . :)), c ~ ~709 :J196 .:i~'"-' :,',i;L:. :_.:.'. ~ L Association's monitoring and maintenance obligations pursuant to the Floodway Moni toring/Maintenance Plan. Any such Floodway Management Agreement must be consistent with the provisions of Article XII, Sections 12.4.6 and 12.5(a) of the Declaration. 7. Floodwav Easement. In order to permit the Association to carry out its obligations to monitor and maintain the Fill Slopes and Compensation Area pursuant to the Floodway Monitoring/Maintenance Plan, and pursuant to the provisions of Article XIV, Section 14.2 of the Declaration pertaining to Future Easements, there is hereby created, declared, granted and reserved against the Developable Creek Front Property and the Compensation Area, for the benefit of the Association, the City, the Developer and all Owners, a non-exclusive easement under, over, upon and within the Developable Creek Front Property and the Compensation Area ( "Floodway Easement"), for purposes of I and to the extent reasonably necessary for, conducting all monitoring and maintenance of the Fill Slopes and Compensation 'Area, including the right in favor of the Association, City, Developer or Owners to enter upon the Developable Creek Front Property and Compensation Area for the purpose of performing any tests, taking any samples, and performing any inspections, maintenance, repair, and replacements, all as necessary pursuant' to the Floodway Monitoring/Maintenance Plan. The Floodway Easement shall also constitute a drainage easement upon the Compensation Area, which shall include the right to enter upon the Compensation Area and excavate the Compensation Area, for purposes of flood and drainage mitigation of the impacts of the Floodway Encroachments, all pursuant to and consistent' with the Construction Plans. 8. Ordinary Maintenance and Prohibited Activities Within Fill Slopes and Compensation Area. Notwithstanding anything in the foregoing provisions of this Amendment to the contrary, each Owner, including builders, shall be responsible for the ordinary maintenance of the Fill Slopes located on their respective Creek Front Lots. For purposes of the Declaration, such ordinary maintenance shall mean only mowing, cleaning, and keeping such area free of debris or any obstructions and maintaining live, healthy sod on the Fill Slopes, including appropriate irrigation, fertilization and pest control, as necessary. Filling, excava~ion, construction of fences or otherwise obstructing or altering the Fill Slopes and Compensation Area or the potential flow of flood waters across the Fill Slopes and Compensation Area in a manner inconsistent with the Construction Plans is strictly prohibited and OR1811S0; 1 8 J ,- ;- i L. ; .. 3CC:~(: . -.: :.~ -~ ~ :->.'\ ;~ :- ~1 7 0 9 Dl97 . . :>-\!:-< C L:: :., :.' r '- any Owner, builder or other party causing such obstruction, alteration, etc. shall be responsible to immediately clear and/or reverse the impact of such obstruction, alteration, etc. and to repair and return the Fill Slopes and/or Compensation Area to its original condition as required by the Construction Plans. 9. City Rioht to Perform Floodwav Monitorinq/Maintenance Plan and Collect Assessments. If at any time the Association fails to properly perform its obligations pursuant to the Floodway Monitoring/Maintenance Plan, as set forth in Paragraph 6 of this Amendment, including any such failure resulting from the Association's failure to levy Assessments required to perform such obligations, the City shall have the right to perform and satisfy the Association's obligations under the Floodway Monitoring/Maintenance Plan and is hereby authorized to levy Assessments against the Owners in an amount necessary to pay all costs and expenses incurred by the City in connection therewith, plus an amount equal to twenty-five percent (25%) of such costs and expenses which shall be payable to the City to cover its administrative and other overhead expenses. Notwithstanding anything in the foregoing provisions of this Paragraph 9 to the contrary, the City shall be subj ect to the same restrict ions on Assessments against the Owners as is set forth in Paragraph 5 of this . Amendment, meaning that the Ci ty cannot levy Assessments against the Owners, in general, that would result in such Owners having to pay Assessments for any year in excess of the Regular Assessment Cap and that any required Assessments in excess of the Regular Assessment Cap for any year must be levied by the City against the Creek Front Lots, and owners of such Creek Front Lots, as Individual Lot Assessments. For purposes of the foregoing and to ensure the City's ability to perform the obligations under the Floodway Monitoring/Maintenance Plan as set forth above, the City shall be deemed to be a beneficiary of the Floodway Easement described in Paragraph 7 of this Amendment. 10. No Further Amendments. In the event of any inconsistencies between the terms and provisions of this Amendment and the terms and provisions of the Declaration, the terms and provisions of this Amendment shall control. Otherwise the Declaration is unmodified and remains in full force and effect. OR1BllSO;1 9 ..;;- :- Ii..,. ;:) n ."'\1; . ~-' '. ' . - , .... -...... :':'.C: .~ 709 0198 :.;C:i-ij;ilL: :../ \_i. ;- L IN WITNESS WHEREOF, Developer has caused this Amendment to be executed as of the day and year first above written. Signed, sealed and delivered in the presence of: "DEVELOPER" RICHLAND TUSCAWILLA, LTD., a Florida limited partnership Print .Name: \ ';, ,ttli\ A. C'J !2!!1LIl;:'V '.t. . /"/ . ,/ V1 t:(...l.- 0......-- L/~I'I}~ ,'. -1\.;1iL By: RICHLAND MANAGEMENT, INC., a Florida corporation, its general partner ~' By: Na : . - C\.'-,.+ L._'\\T<\,,-,'~.;l- Title: ~ \~f' ~d <;iIY...' '\ STATE OF FLORIDA COUNTY OF W~\\:sh"i((u::r ~._~ Th~foregoing ins~rument was ackno~ledged before ~f this ~ day of ,ill LA''-\-' , 19::.6, by '). tu.r\-l'i\-K't'/~ as \ \LC {(tSI()f~ of Richland M~agement, Inc., a Florida corporation on behalf of Richland Tuscawilla, Lt;i., a Florida limited partnership. Said person (check one) ~ is personally known to me, 0 produced as identification. ~t{'~~'L-~~L;;P'/:li{ZCL ~ Print Name: \ '1 \ \ C. ~ IE'{ lei} 1 t- \.'"'\(~. 1<- Notary Public, State of Florida Commission No. : My Commission Expires: ! ..~~";:;... MICHELLE M. HAeEK 8..;t;.t)~:\ MY ~MlSSION , cc 593299 ~,~.~~~! EXPIRES: ~ 16. 2(XX) ""~:;" ;;.~~.., Bonded Thru NOWY Pubtic lJnOOWI1tars ........ OR1BllSO;1 10