HomeMy WebLinkAbout2000 10 14 Regular Item D
COMMISSION AGENDA
ITEM D
Consent
Information
Public Uearin
Re ular XX
MGR.r /De~
October 23. 2000
Meeting
REQUEST: Community Development Department, Land Development Division, presents to
the Commission for their action the recommendation to accept the improvements
for Golfside Villas and to approve the recordation of the covenants for this project,
with the stipulation that a performance bond for the stormwater conveyance pipe
from Island Lake to Lake Audubon located on the Winter Springs Golf Course be
provided.
PURPOSE: The purpose of this agenda item is for the Commission to take action on the Staff
recommendation to accept the improvements for Golfside Villas and to approve
the recordation of the covenants for this project. This is contingent on the
developer providing the City with a performance bond for the stormwater
conveyance pipe from Island Lake to Audubon Lake located on Winter Springs
Golf Course. The project is located on the west side of Sheoah Boulevard, west of
Seville on the Green Apartments and surrounded by the Winter Springs Golf
Course on the remaining three sides.
APPLICABLE CODE:
Code Section 9-75. Final Plat, contents and recording procedures.
(a)
(b) Three (3) copies of all protective or restrictive covenants to be recorded shall
be submitted with the final plat.
(c)
(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.
October 23,2000
REGULAR AGENDA ITEM D
Page 2
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 uncompleted 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.
(b) Maintenance bonds. When requesting to record a plat for which the
improvements have been installed, inspected and approved by the city engineer and
when the city is being asked to accept such improvements, the subdivider shall
provide a maintenance bond payable to the city guaranteeing the performance of
required and installed improvements for two (2) years after the date of completion
and acceptance by the city, executed and enforceable in the same manner as the
corporate or surety completion bond. The bond shall be in the amount often (10)
percent of the estimated construction cost of all improvements to be owned and
maintained by the city. 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.
FINDINGS: 1) Plat recordation approval was granted by the City Commission on September
11,2000.
2) The City will be accepting the sewer, water, reclaimed water systems and the
off-site paving on Sheoah Boulevard for maintenance.
3) The City Construction Inspector has determined that a maintenance bond
should be issued in the amount of$5,787.00. This has been done.
October 23, 2000
REGULAR AGENDA ITEM D
Page 3
4) The requirements of Section 20-357(12)a of the Code as it relates to the
proposed covenants is found in Section 12 of the Covenants.
5) The requirements for an escrow account for the residents once they take over
the Association is found in Section 5(a) of the Covenants.
6) Section 18 of the Covenants as it related to aerials and antennas has been
removed from the document.
7) The City Attorney has authored a new section which addresses conflicts with
law and is found in Section 32 of the Covenants.
8) During the as-built inspection process, Staff became aware that the original
stormwater conveyance pipe connecting Island Lake to Lake Audubon was a 48"
pipe instead of the replacement 24" pipe as shown on the approved engineering
plans. The performance bond is requested while staff models the basin to
determine if the reduction in pipe size causes adverse upstream impacts. The
model should be complete within thirty (30) days.
9) The City Construction Inspector has determined that the cost required to
accomplish the replacement of the 24" pipe to a 48" pipe (if needed) is $50,000.00.
The developer has agreed to furnish a performance bond in that amount.
RECOMMENDA TION:
The Staff recommendation is that the City Commission accept the improvements
(water, sewer, reclaimed water systems and the off-site paving on Sheoah
Boulevard) with the stipulation that the developer furnish a performance bond in
the amount of$50,000.00 to ensure that the stormwater conveyance pipe from
Island Lake to Lake Audubon be replaced if needed.
ATTACHMENTS:
A - Land Development Coordinator Memo to City Attorney dated October
18, 2000 with attachments
COMMISSION ACTION:
October 18, 2000
To: Anthony Garganese
City Attorney
From: Don LeBlanc ~
Land Development CoordinatoP
Re: Document Legal Review
Golfside Villas
Attached for your legal review are the below listed documents:
1) Maintenance Bond No. ASB-09-05-0055 with accompanying memo from th~ City
Construction Inspector verifying the amount of$5, 787.00
2) Performance Bond No. ASB-09-05-0067 with accompanying memo from the City
Construction Inspector verifying the amount of $50,000.00.
3) Covenants - Section 32 is that section addressing conflicts with law which you authored.
These appear to be acceptable.
NOTE: On October 18, 2000 I contacted the Florida Insurance Department and talked to
Barbara. American Safety Casualty Insurance Company has been licensed in the State since
1981 and is in good standing.
The agenda item is to accept the improvements (water, sewer, reclaimed water systems and off-
site improvements on Sheoah Boulevard). This is an agenda item for the October 23, 2000
Commission Meeting.
".
MAINTENANCE BOND
Bond No: ASB-09-05-0055
KNOW ALL MEN BY THESE PRESENTS, That we,
Silver Sea Homes, Inc. and Capri Homes Corp., a joint venture
As Principal, and the AMERICAN SAFETY CASUALTY INSURANCE
COMPANY, a Georgia Corporation, as Surety, are held and firmly bound unto
City of Winter Springs, 1126 SR 434, Winter Springs, FL 32708
As Obligee, in the sum of -Five thousand, seven hundred eighty-seven and 00/100--
($5,787.00--) Dollars
for which sum, we bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, by these presents.
WHEREAS, PRINCIPAL has constructed certain improvements, including sewer, water,
reclaimed water and off-site paving in that certain subdivision described as Golf Side Villas.
NOW, THEREFORE, THE CONDlTON OF THIS OBLIGATION IS SUCH, That if the
Principal shall make good any defect in material or construction that shall appear within two year
from September 25, 2000, this obligation shall be null and void, otherwise it shall remain in full
force and effect.
Dated this 22nd
day of September , 2000.
Silver Sea Homes Inc. a
(Principal)
(Principal)
(Principal)
By:
...-'
I
5
AMERICAN
SAFETY
NUMBER
POWER OF ATTORNEY
ASB- 09-05- 0055
Casualty Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that American Safety Casualty Insurance Company has made. constituted and appointed, and by these presents does make.
constitute and appoints
CHARLES J. NIELSON, KBVIN WOJTOWICZ, ROY MAY, MICHAEL STEVBN. LAURA MOSHOWER
OF MIAMI LAKES, FLORIDA
its true and lawful attorney-in-fact, for it and its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertaking and contracts of suretyship
to be given to
AI,L OBUGEES
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
***TWO MILUON***($2,OOO,OOO) DOLLARS***
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company
on the Twenty-Ninth day of January, 1999.
RESOLVED, that the President in conjunction with the Secretary. or any Assistant Secretary may appoint attorneys-in-fact or agents with authority as defined or limited in the
instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds. undertakings,
recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to
such persons. -
RESOLVED FURTHER. that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company:
(i) when signed by the President or any Vice-President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary or (ii) when signed by the President
or any Vice-President or Secretary or Assistant Secretary. and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly
executed and sealed (if a seal be required) by one or more attorney-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued
by the Company to such person or persons.
RESOLVED FURTHER. that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof
authorizing the execution and delivery of any bond. undertaking. recognizance. or other suretyship obligations of the Company; and such signature and seal when so used shall
have the same force and affects as though manually affixed.
IN WITNESS WHEREOF, American Safety Casualty Insurance Company has caused its official seal to be hereunto affixed, and these presents to be signed by its President and
attested by its Secretary this Twenty-Ninth day of January, 1999.
COUNTY OF COBB
} ss
Attest:
1~ 1. f(~(~~
Fred J. Pinckney, Secretary
STATE OF GEORGIA
'~UoCV~
Dorothy J. Giglio. Notary Public
I. the undersigned, Secretary of American Safety Casualty Insurance Company. a Delaware corporation. DO HEREBY CERTIFY that the foregoing and attached
Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney. is now
in force.
Signed and Sealed at the City of Atlanta. in the State of Georgia.
Dated the 22nd day of September, 2000.
1~1.f,~c.~~
Fred J. Pinckney. Secretary
OR/GINAf.S OF TillS POWE/? OF A7T0RNEY A/?E PIUNTED WIT/I RED N( /MFI<ICM. NUMBUCS.
nUI'UCATCi SIIAI./. IIAI'/,' Till:" .SAME fo'Orcc/:" ANO u'F!:cr AS AN OI<I(;/N:\1. ONU WI/EN ISSUED IN CONJUNCT/ON WITH TIlE OIUGINAL.
SURETY RIDER
TO BE ATTACHED TO AND FORM PART OF BOND NUMBER ASB-09-05-0055, IN
FAVOR OF THE CITY OF WINTER SPRINGS, FLORIDA, ON BEHALF OF Silver Sea
Homes, Inc. and Capri Homes Corp., a joint venture, EFFECTIVE September 25, 2000.
It is agr-eed that, in consideration of the original premium charged for this bond, and any
additional premium that may be properly chargeable as a result of this rider, the Surety
hereby gives its consent to change the term of this maintenance bond from:
September 25, 2000 - September 25, 2002.
to
October 23, 2000 - October 23, 2002
Provided, however, that this rider shall be subject to all its agreements, limitations, and
considerations except as herein expressly modified, and that the liability of the Surety under
the rider and under the bond as changed by this rider shall not be cumulative.
Signed and sealed on October 17, 2000.
American Safety Casualty Insurance Company
(Suret
l - l /d_
a.u.a. '--' ~
Omra . Mos der, attorney-in-fact &
Florida resi ent agent
Accepted by: W~\O~~--
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-1800
September 20, 2000
TO:
Land Management Coordinator
Donald LeBlanc
FROM:
Construction Inspector
Zynka P.Perez
SUBJECT:
Golfside Villas - Maintenance Bond
I am in receipt of the engineer's opinion of the costs of improvements for
sanitary, water and offsite paving for the subject project.
His estimate of cost of improvements is $57,870.00. Ten (10%) percent of this
cost is $5,787.00. I recommend this amount be used for the two (2) - year maintenance
bond.
If you have any questions, please let me know.
cc: Community Development Director
Public WorkslUtility Director
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS
Bond No: ASB-09-05-0067
Silver Sea Homes. Inc. and Capri Homes. Corp, a ioint venture, as Principal, and
American Safety Casualty Insurance Company, as Surety, are held and firmly bound unto
City of Winter Springs. 1126 E. SR 434. Winter Springs. FL 32708, as Obligee, in the
sum of -Fifty thousand and 00/100----, for payment of which sum, well and truly to be
made, the Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has obtained approval from the Obligee to construct certain
modification improvements known as Conveyance pipe from Island Lake to Lake
Audorbourn at Golfside Villas.
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,
That if the above bounden principal shall well and truly keep, do and perform, each and
every, all and singular, the matters and things in said contract set forth and specified to be
by the said Principal, kept, done and performed at the time and the manner in said
contract specified, and shall pay over, make good and reimburse to the above named
Obligee, all loss and damage which said Obligee may sustain by reason of failure or
default on the part of said Principal, then this obligation shall be void, otherwise, it shall
remain in full force and effect.
Any suit under this bond must be instituted before the expiration of two (2) years from
the acceptance of the above stated modification improvements.
Signe<L sealed and dated October 17. 2000
/1t.1t~~~.
Itn 5S f
Silver Sea Homes. Inc. and Capri Homes.
Corp. a ioint venture
(Principal) (Seal)
By: jj~~
American Safety Casualty Insurance
Company
a ,(~
Laura D. sholder, attorney-in-fact &
Florida Resident Agent
Inquiries: (407) 865-9669
A~ AMERICAN
~ SAFETY
Casualty Insurance Company
NUMBER
ASB- 09-05- 0067
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. that American Safety Casualty Insurance Company has made. constituted and appointed, and by these presents does make.
constitute and appoints
CHARLES J. NIELSON, KEVIN WOJTOWICZ, ROY MAY, MICHAEL STEVEN, LAURA MOSHOLDER
OF MIAMI LAKES, FLORIDA
its true and lawful attorney-in-fact, for it and its name, place, and stead to execute on behalf of the said Company, as surety. bonds, undertaking and contracts of suretyship
to be given to
ALL OBLIGEES
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
>l<**TWO MILLION>l<**($2,OOO,OOO) DOLLARS**>l<
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company
on the Twenty-Ninth day of January, 1999.
RESOLVED, that the President in conjunction with the Secretary or any Assistant Secretary may appoint attorneys-in-fact or agents with authority as defined or limited in the
instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds. undertakings,
recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted lO
such persons. -
RESOLVED FURTHER. that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company:
(i) when signed by the President or any Vice-President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary or (ii) when signed by the President
or any Vice-President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly
executed and sealed (if a seal be required) by one or more attorney-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued
by the Company to such person or persons.
RESOLVED FURTHER. that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof
authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall
have the same force and affects as though manually affixed.
IN WITNESS WHEREOF. American Safety Casualty Insurance Company has caused its official seal to be hereunto affixed. and these presents to be signed by its President and
attested by its Secretary this Twenty-Ninth day of January, 1999.
Attest:
1- ~ '1. ~~(~~
Fred J. Pinckney. Secretary
STATE OF GEORGIA
COUNTY OF COBn
} 55
~~UrlJ'~
Dorothy J. Giglio. Notary Public
I, the undersigned. Secretary of American Safety Casualty Insurance Company, a Delaware corporation, DO HEREBY CERTIFY that the foregoing and attached
Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney. is now
in force.
Signed and Sealed at the City of Atlanta, in the State of Georgia.
Dated the j 7t1L day of Oe/dk. .;2JXXJ. ..
/
1-~'1. f(~c.~~
Fred J. Pinckney. Secretary
ORIGINALS OF THIS POW[H OF AHOHNEY ARE PRINTI:.D II'ITII HED NUMEl?lCAI. NUMlIl:RS.
f)!)I'L1CMFS SII,\I.1. 1It\l 'E rifE SI\ME POHCE AND 1:""1'1:'("1' AS ,IN OH/GINAL ONl.Y lVlIEN ISSlJF.D IN CONJUNCTION W,.,." TlfE mUCINAL
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-1800
October 16, 2000
TO:
Land Management Coordinator
Donald LeBlanc
Public Works / Utility Director IvY
Kipton Lockcuff, P.E.
THRU:
FROM:
Construction Inspector ~~
Zynka P.Perez / -
SUBJECT:
Golfside Villas - As-Built Inspection
Please be informed that the deficiency list from the as-built inspection has been
corrected. However, the issue on the use of the 24" diameter storm sewer pipe
connecting Lake Audobon and Island Lake has not been resolved as of this time. The
developer, Mr. Horatio Gonzalez, is requesting this development be forwarded to the City
Commission for acceptance.
It is recommended that this development be forwarded to the City Commission
for acceptance providing an additional performance bond in the amount of$50,000.00 be
submitted to cover for the possible replacement ofthe 24" diameter storm sewer pipe.
If you have any questions, please let me know.
cc: Storm water Utility Manager
"DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS"
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Golf Side Villas Join Venture (hereinafter "Developer") are the owners of certain real
property located in Seminole County, Florida, described as follows, to-wit:
A portion of Tracts "D" and 'T', "THE HIGHLANDS SECTION THREE", City of Winter Springs,
as recorded in Plat Book 17, pages 48 and 49, Public Records of SEMINOLE County, Florida, being more
particularly described as follows:
Commence at the Southeast comer of said Tract "D", run South 85degrees 11 t 58" West along the
South line of said Tract "D", 70.00 feet; thence North 36degrees 50'38" West 217.13 feet; thence North 44
degrees 47'02" West 177.77 feet; thence North 83degrees 36'38" West 101.89 feet to the Point of Beginning;
thence North 89degrees 24'28" West 75.79 feet; thence South 80degrees 56'46" West 66.89 feet; thence North
89degrees 32'48" West 64.23 feet; thence South 66degrees 10'56" West 271.90 feet; thence North 38degrees
25'12" West 245.43 feet; thence North 22degrees 50'52" East 94.55 feet; thence North 53degrees 02'28" East
230.31 feet; thence North 67degrees 16'23" East 125.13 feet; thence South 10degress 21'05" East 328.79 feet;
thence South 83degrees 36'38" East 213.43 feet to the Point of Beginning.
AND
A portion of Tracts "D" and "I", "THE HIGHLANDS SECTION THREE", City of Winter Springs,
as recorded in Plat Book 17, pages 48 and 49, Public Records of SEMINOLE County, Florida, being more
particularly described as follows:
Commence at the Southeast comer of said Tract "D", run South 85degrees 11'58" West along the
South line of said Tract "D" 70.00 feet; thence North 36degrees 50'38" West 217.13 feet; thence North 44
degrees 47'02" West 112.77 feet to the Point of Beginning; thence North 62degrees 51'05" West 96.34 feet:
thence North 77degrees 34'17" West 62.79 feet; thence South 83degrees 36'38" East 101.89 feet; thence South
44degrees 47'02" East 65.00 feet to the Point of Beginning.
Containing therein 2.730 acres more or less.
All of Golf Side Villas according to plat thereof recorded at Book 58, Page45 & 46, Public Records of Seminole
County, Florida.
AND WHEREAS, Developer desires that the above described real property (hereinafter the "Property") be
subject to like restrictions for the mutual benefit and protection of Developer and all persons, individual,
corporate or otherwise, who may hereafter purchase or acquire said property, or any part thereof or interest
therein in; and
WHEREAS, the Developer desires to create a residential community covering the Property to be known as
"GOLF SIDE VILLAS", with permanent common facilities for the benefit of the said community; and
WHEREAS, the Developer has deemed it desirable, for the efficient preservation of the values and
amenities in said community, to create an agency to which should be delegated and assigned the powers of
maintaining and administrating the community properties and facilities and administering and enforcing the
covenants and restrictions, and collecting and disbursing the assessments and charges hereinafter created; and
WHEREAS, the Developer shall be responsible for the organization of a Florida non-profit corporation,
which may be named GOLF SIDE VILLAS HOMEOWNERS' ASSOCIATION (the "Association'''), for the
purpose of exercising the functions aforesaid,
NOW THEREFORE in consideration of the premises, Developer does hereby declare the above described
real property, and any additions thereto as may hereafter be made, to be subject to certain restrictions,
reservations, covenants and conditions binding upon said Developer and upon each and every person whether
individual, corporate or otherwise, who or which shall have any right, title or interest in said real property or
any part thereof, and their respective heirs, personal representatives, successors and assigns, said restrictions,
reservations, covenants and conditions being as follows:
1. DEFINITIONS
(a) "Association" shall mean and refer to the GOLF SIDE VILLAS HOMEOWNERS' ASSOCIATION, INe., a
Florida corporation not for profit, its successors and assigns. The Association is a homeowners' association
within the meaning ofF.S. ~617.301(7) and subject to the requirements ofF.S. ~~617.301, et seq. applicable to
such associations.
(b) ''Property'' shall mean and refer to that certain real property situated in Seminole County, Florida, and such
additions thereto as may hereafter be brought within the jurisdiction of the Association, and more particularly
described above. -
(c) "Common Area" shall mean and refer to all real property owned by the Association for the common use and
enjoyment of its Members as designated by subdivision plat of the Property and recorded among the Public
Records of Seminole County, Florida.
(d) "Lot" shall mean and refer to those numbered lots shown upon the recorded subdivision plat of the Property
exclusive ofthe Common Area.
(e) "Owner" shall mean' and refer to the record owner, whether one or more persons or entities, of the fee simple
title to any Lot, including the Developer and contract sellers, but excluding those having such interest merely as
security for the performance of an obligation.
(f) "Developer" shall mean and refer to Golf Side Villas Joint Venture, their successors and assigns if such
successors or assigns should acquire more than one undeveloped lot from the Developer for the purposes of
development.
(g) "Declaration" shall mean and refer to these Declaration of Covenants, Conditions and Restrictions
applicable to the Property as recorded in the Public Records of Seminole County, Florida.
(h) "Member" shall mean and refer to those persons entitled to membership in the Association as herein
provided.
(i) "Development" shall mean and refer to all of the property, as is hereinabove set forth and as from time to
time added to in conformance herewith.
(j) "Maintenance Year" shall mean and refer to a calendar year running from the 1st day of January to the 31 st
day of December.
2. ASOCIATION MEMBERSHIP
Every Owner as herein above defmed, shall be a Member of the Association, provided, however, that no owner
shall have more than one membership per Lot owned. Membership shall be appurtenant to and may not be
separated from ownership of any lot which is subject to assessment by the Association. Ownership of such Lot
shall be the sole qualification for membership and shall be a mandatory condition of Lot ownership.
3. VOTING MEMBERSHIP
The Association shall have two classes of voting membership. Class A Members entitled to vote shall be all
those Owners as hereinabove defmed other than Developer. Class A Members shall be entitled to one vote for
each Lot in which they hold the required membership interest. When more than one person holds such interest
in any Lot, all such persons shall be Members, but the vote for such Lot shall be exercised as such Owners
among themselves determine, and in no event shall more than one vote be cast with respect to any Lot, Class B
Members shall be the Developer. Class B Members shall be entitled to ten votes for each Lot in which it retains
record ownership, provided, however, that Class A Members shall be entitled to cast a majority of the votes of
all classes of membership effective on the date that is 3 months after the date on which Developer has conveyed
90 percent of the Lots to Class A Members. -
4. USE OF COMMON AREAS
Every Member shall have the right of enjoyment to an easement over the Common Area and such easement
shall be appurtenant to and pass with the title to every assessed Lot, subject to the following provisions:
(a) The right of the Association to limit the number of guests of Members;
(b) The right of the Association, in accordance with its Articles and By-laws, to borrow money for the
purpose of improving the Common Area and in aid thereof to mortgage the Common Area;
(c) The right of the Association to suspend in accordance with law the right to use Common Areas and
facilities by a Member (other than ingress and egress) for a period not to exceed thirty (30) days for any
infraction of its published rules and regulations, to impose fines not to exceed $50 for each such infraction, or
both;
(d) The right of the Association to impose reasonable suspensions of Member use of Common Areas and
facilities (other than ingress and egress), reasonable fines, or both for non payment of assessments when due.
(e) The right of the Association, the Developer, or either of them to dedicate or transfer all or any part of the
Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as
may be agreed to by the Members and subject, of course, to transferee approval and acceptance. No such
dedication or transfer by the Association shall be effective, however, unless an instrument signed by Members
entitled. To cast two-thirds (2/3) of the votes has been recorded, agreeing to such dedication or transfer, and
unless written notice of the proposed action is sent to every Member not less than thirty (30) days nor more than
sixty (60) days in advance of the meeting at which such dedication or transfer is considered.
5.ASSESSMEMTS
(a) The Developer, for each Lot constituting a part of the Property, hereby covenants, and each Owner of any
lot by acceptance of a deed thereto, whether or not it shall be so expressed in any such deed or other
conveyance, is deemed to covenant and agree to pay the Association: (1) annual assessments or charges, (2)
special assessments for capital improvements, such assessments to be fixed, established and collected from time
to time as hereinafter provided, and (3) an initial operating assessment. The initial operating assessment shall be
$300.00 payable by the Owner at closing. Initial operating assessments shall be held by the Association in an
interest bearing escrow account, and all such assessments and accumulated interest thereon shall be released
from escrow immediately following the date on which Class A Members are entitled to cast a majority of votes
of all classes of membership in the Association. Annual and special assessments, together with any interest
thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a
continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with
such interest, costs and reasonable attorney's fees, shall also be the personal obligation of the Owner of such
property at the time the assessment became due.
(b) Assessments levied by the Association shall be used exclusively for the purposes of promoting the
recreation, health, safety, and welfare of Members and residents in the Development and in particular for the
erection and maintenance of improvements devoted to this purpose and related to the use arid enjoyment of the
homes situated upon the Development.
(c) Immediately following the conveyance of the first Lot by the Developer to an Owner other than Developer,
the maximum annual assessment shall be $1200 per Lot. Developer guarantees any shortage for one year.
(d) Immediately following the conveyance of the first Lot by Developer to an Owner other than Developer, the
maximum annual assessment may be increased effective January 1 st of each year without a vote of the
membership in conformance with the rise, if any, of the Consumer.Price Index (published by the Department of
Labor, Washington, D.C.) for the preceding month of July.
(e) Immediately following the conveyance of the first Lot by Developer to an Owner, the maximum annual
assessment may be increased above that established by the Consumer Price Index C'CPI") formula by a vote of
Members for the next succeeding one year period, and at the end of each such period of one year, for each
succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the
votes of the Members who are voting in person or by proxy, at a meeting duly called for this purpose, written
notice of which shall be sent to all Members not less than ten (10) days nor more than thirty (30) days in
advance of the meeting setting forth the purpose of the meeting. No increase in assessments above CPI shall
become effective less than 30 days from the date on which approved by Members.
6. SPECIAL ASSESSMENT
In addition to the annual assessments authorized above, the Association may levy in any assessment year, a
special assessment applicable to that year only, for the purpose of defraying in whole or in part, the cost of any
construction or reconstruction, unexpected repair or replacement of a capital improvement upon the Common
Area, including the necessary fixtures and personal property related thereto, provided that any such assessment
shall have the assent of two-thirds (2/3) of the votes of members who are voting in person or by proxy at a
meeting duly called for this purpose, written notice of which shall be sent to all members not less than ten (10)
days nor more than thirty (30) days in advance of the meeting setting forth the purpose of the meeting. Both
annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly
basis, as is more specifically set forth herein, provided, however, the foregoing requirement for uniformity shall
not prevent special assessments against any particular Lot otherwise established pursuant to the terms of this
Declaration. No special assessment shall become effective less than 30 days from the date on which approved
by Members.
7. QUORUM FOR MEETINGS ON ASSESSMENTS
At the first meeting called, as provided in sections 5 (e) and 6, hereof, the presence at the meeting of Members
or of proxies entitled to cast Twenty per cent (20%) of all the votes shall constitute a quorum. If the required
quorwn is not forthcoming at any meeting, another meeting may be called subject to the notice requirement set
forth in sections 5 (e) and 6. No such subsequent meeting shall be held more than sixty (60) days following the
preceding meeting.
8. TERM OF ASSESSMENTS
The annual assessments provided for herein shall commence immediately following the conveyance by the
Developer of the first Lot to an Owner other than Developer. The first annual assessment shall be adjusted
according to the number of months remaining in the Maintenance Year. The due dates of assessments shall be
established by the Board of Directors. The Association shall upon demand at any time furnish a certificate in
writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have
been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such
certificates shall be conclusive evidence of payment of any assessment therein stated to have. been paid.
9. DELINQUENT ASSESSMENTS
Any assessments, which are not paid when due, shall be delinquent. If the assessment is not paid within thirty
(30) days after the due date, the assessment shall bear interest from the date of the delinquency at the highest
legal rate allowed by law, and the Association may bring an action at law against the Owner personally
obligated to pay the same, or foreclose the lien against the Lot. Interest, costs, and reasonable attorney's fees
incurred by the Association in any such action shall be added to the amount of such assessment. No Owner may
waive or otherwise escape liability for the assessments provided for herein by non-use of the property or
abandonment of his or her Lot.
IO. MORTGAGES: FORECLOSURES
The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage
encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or
transfer of any Lot which is subject to any such first mortgage pursuant to a decree of foreclosure under such
mortgage or in any proceeding in. lieu of foreclosure thereof, shall extinguish the lien of such assessments as to
payments which became due prior to sale or transfer. No such sale or transfer shall relieve such Lot from
liability for any assessments thereafter becoming due or from the lien thereof.
11. ASSESSMENT EXEMPTIONS
The following property subject shall be exempt from the assessments created herein:
(a) All properties dedicated to and accepted by local public authority.
(b) The "Common Area".
12. RESIDENTIAL USE ONLY
(a) Uses - 20 townhouses
(b) Height - will not exceed thirty five (35) feet
(c) Building Area Limitation - limited to that area within the property lines for each lot as depicted on the
past.
(d) Front, Rear, and Side Yard Setbacks (minimum required)
Front-O
Rear-O
Side-l0' from the golf course
(e) Lot Area Coverage - one hundred (100) percent
(f) Minimum Living Area - one thousand (1,000) square feet per dwelling unit
(g) Other Restrictions - please refer to restrictions throughout the covenants
(h) Parking - one (1) enclosed garage space and (2) open spaces per dwelling unit
13. ARCIDTECTURAL CONTROL COMMITTEE
The Architectural Control Committee (hereinafter sometimes the "Committee") shall be composed of three (3)
members of the Board of Directors of the Association selected by the Board, or three (3) persons appointed by
the Board of Directors of the Association who need not be members of the Board of Directors. In the event of
death of, or resignation of any member of the Committee, the Board of Directors shall designate a successor
within sixty (60) days from the date of said death or resignation.
14. PLAN APPROVAL
No building or construction of any nature shall be erected, placed or altered on any lot until the construction
plans and specifications and a plan showing the location of the structure have been approved by the
Architectural Control Committee as to quality of workmanship and materials, harmony of external design and
external colors with existing structures, as to location with respect to topography and fmish grade elevation, and
as to compliance with the requirements of the Highlands Homeowners' Association, Inc.
15. TIME FOR APPROVAL
The Committee's approval or disapproval as required in these covenants shall be in writing. In the event that
the Archtectural Control Committee fails to act within thirty (30) days after plans and specifications have been
submitted to it, the Committee shall be deemed to have disapproved such proposed plans and specifications.
16. TEMPORARY RFSIDENCES
Except as otherwise provided herein, no structure of a temporary character, trailer, boat; motor home, tent,
shack, garage, bam or other outbuilding shall be placed on any Lot at any time either temporarily or
permanently.
17. PROIDBITED VEIDCLES
No motor homes, recreational vehicles, boats, trailers or motor vehicles in excess of a 3/4 ton rating, shall be
allowed to be kept or parked on any Lot, Common Area, or private road right of way, in excess of forty-eight
(48) hours.
18. NUISANCES PROHIBITED
No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which
may be or may become an annoyance or nuisance to the neighborhood.
19. ANIMALS. ETC.
No animals, livestock, or poultry shall be raised, bred, or kept on any Lot, except that dogs, cats or other
household pets may be kept provided they are not kept, bred or maintained for commercial purposes. However,
no more than two (2) dogs and two (2) cats shall be kept in anyone household at anyone time.
20. SIGNS
No sign of any kind shall be displayed to the public view on any Lot except one (I) sign of not more than five
(5) square feet advertising the property for sale, or rent, or signs used by a builder to advertise the property
during the construction and sales period.
21. TRASH
No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not
be kept except in sanitary containers, the number, size, and other characteristics of which may be prescribed by
the Architectural Control Committee. All equipment for storage or disposal of such materials shall be kept in a
clean and sanitary condition, and except during pick-up, ifrequired to be placed at the street, all containers shall
be kept at the side or rear of all dwellings out of sight from the street. There shall be no burning of trash, or
other waste materials.
22. WINDOWS AND CLOTHESLINES
It is prohibited to hang and/or dust garments, rugs, or any other materials from the windows or from the front
facade of any residence, nor shall any outdoor clotheslines be permitted.
23. FENCES. WALLS. ETC
No fence, wall or other structure shall be erected, placed or altered on any Lot between any private road right
of way and any building situated on said Lot. Prior to the erection, placement, or alteration of any other fence,
wall, or other structure, Owner shall obtain written approval of the Architectural Control Committee.
24. SHRUBBERY
It is prohibited for any Owner, tenant, or family member, or guest to plant any shrubbery, trees, or plants in
any position on the Common-Area, or private road right of way, without the prior written consent of the
Architectural Control Committee.
25. SWIMMING POOLS, HOT TUBS
No pool, hot tub or similar improvement or screening shall be erected or placed on any Lot until the
construction plans and specifications and a plan showing their location have been approved by the Architectural
Control Committee.
26. PARTY WALLS
(a) General Rules of Law. Each wall which is built as a part of the original construction of the buildings
upon the Lots and placed on the dividing line between the Lots, shall constitute a party wall, and to the extent
not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability
for property damage due to negligence or willful acts or omissions shall apply thereto.
(b) Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance ofa party wall shall be
shared by the Owners who make use of the wall in proportion to such use.
(c) Destruction by Fire or Other Casualty.lfa party wall is destroyed or damaged by fire or other casualty and it
is not covered by insurance, any Owner who has used the wall may restore it, and shall contribute to the cost of
restoration thereof in proportion to his or her use without prejudice, however, to the right of any such Owner to
call for a larger contribution from any person who would be legally liable therefore.
(d) Weatherproofing. Notwithstanding any other provisions of this Article, an Owner who by his negligent or
willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the
necessary protection against such elements.
(e) Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under
this Article shall be appurtenant to the land and shall pass to such Owner's successors in title.
27. MAINTENANCE RESPONSABILITIES
(a) Association. The Association, subject to the rights of the Owners as set forth in this Declaration, shall be
responsible for the exclusive management and control of Common Areas, private roads, street lighting and
storm water system, shown on the plat of GOLF SIDE, and all improvements thereon. The Association shall
keep the same in good, clean, attractive and sanitary condition, order and repair. The Association's duties shall
extend to and include the streets, street lighting and storm water system, as shown on said plat. The Association
shall have qualified personnel periodically perform an inspection of the drainage system and shall be
responsible to maintain said system in a state of good repair.
(b) Owner's Responsibility. Each Owner shall provide exterior maintenance ofthe dwelling unit upon his or her
Lot, including painting, repairing, replacing and caring of roofs, gutters, down spouts, exterior building
surfaces, and other exterior improvements. Each Owner shall also maintain all shrubbery on his or her Lot, and
all patio and atrium areas. Such maintenance shall include the landscaping of his lot, patio and atrium, subject to
the approval of the Architectural Control Committee as herein provided.
Should the Owner neglect or fail to maintain any shrubbery on his lot, patio areas or atrium areas or neglect to
maintain the exterior of his or her dwelling unit, the Association after 30 days written notice to Owner may
maintain or repair the same at Owner's expense. Upon written notice to Owner, the cost thereof shall become a
special assessment against that Owner's lot, payable within 30 days.
(c) Alterations. Any changes in color of exterior walls or changes in the siding, trim or other exterior materials
shall be approved by the Architectural Control Committee. Any changes of exterior color must be in harmony
with colors of existing structures in the Development.
28. APPLICABILITY
Each person or entity who is a record owner of a fee or undivided fee interest in any Lot or who is a resident
of the Development, or any invitee of an Owner or resident, shall be subject to these Covenants, Conditions and
Restrictions, together with the provisions of the Articles, By-Laws, and Rules and Regulations of the
Association.
29. AMEDMENT
These covenants, conditions and restrictions shall run with and bind the land, and shall inure to the benefit of
and be enforceable by the Association, or by the Owner of any Lot subject thereto, their legal representatives,
heirs, successors and assigns, for a term of ten (10) years from the date this instrument is recorded after which
time said covenants, conditions and restrictions shall be automatically extended for successive periods of ten
(10) years. The covenants, conditions and restrictions of this instrument may be amended during the first ten
(10) year period by an instrument signed by not less than seventy-five (75%) per cent of the Owners, and
thereafter by an instrument signed by not less than fifty (50%) per cent of the Owners. No such amendment
shall be effective without the prior approval of the City of Winter Springs, Florida.
30. REMEDIES FOR VIOLATIONS
For violation or a breach of any provisions herein by any Owner, tenant, family member or other person, the
Developer, Association, or either of them, shall have the right to proceed at law for damages or in equity to
compel compliance, or for such other relief as may be appropriate. In addition to the foregoing right, the
Association shall have the right whenever there shall have been built within the Development any structure
which is in violation of this Agreement, to enter upon the subject Lot or Property where such violation of this
Agreement exists, and summarily abate or remove the same at the expense of the Owner provided, however, the
Association shall then make the necessary repairs, construction, etc., necessary to insure that the property and
improvements where such violation occurred shall be in the same condition as before said violation occurred,
and any such entry and abatement or removal shall not be deemed a trespass. The failure promptly to enforce
any ofthe provisions of this agreement shall not bar their subsequent enforcement.
31. CONVEYANCE OF COMMON AREAS
The Developer hereby covenants for itself, its successors and assigns, that it will convey in fee simple title to
the Association all properties designated "Common Areas" as delineated on the plat of GOLF SIDE VILLAS,
but no later than the earlier of the date on which all Lots have been conveyed by the Developer to Members
other than Developer, or three years from the date of Recordation of this Declaration.
32. CONFLICTS WITH LAW
Nothing contained in these Declaration of Covenants, Conditions and restrictions shall prohibit the application
of loca~ state or federal law. To the extent of any conflict between the provisions of these Declaration of
covenants, and any applicable local, state and federal law, the applicable local, state and federal law shall
prevail and apply.
33. Notwithstanding any other provisions contained herein, no amendments may be made to this document
without the prior approval of the City of Winter Springs, Florida. The City of Winter Springs is a third party
beneficiary with the right to legally enforce this document or any part or provision hereof. Nothing contained
herein shall be construed to permit or authorize any violations or deviations from the City Code, City of Winter
Springs, Florida. -
~. I IN WITNESS WHEREOF, we have hereunto set our hands and seal this ~day of
A ,2000.
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(Print, l'J'p4l or Stamp C . lolled Name, of Public)
Pwaonllly Known 0 OR Produced ,1dlMi%1oCl ~ /J ") nO i ,,1_
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T~oIl.o.Pnlduced PI r.. LC r-:: .
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I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid
to take acknowledgments personally appeared Golf Side Villas Joint Venture to me known to be the persons
described in and who executed the foregoing instrument for the purposes therein expressed.
STATE OF FLORIDA
COUNTY OF SEMINOLE
WITNESS my h . d and official seal in the County and State last aforesaid this
/
.4-dayO r ,200{;.
..~q.tWaW~~f:\D
~~:MY Commission CC774136
',." ".., Expires September 1 O. 2002