HomeMy WebLinkAbout2000 12 20 Regular A Plat for Moss Cove Townhouses
COMMISSION AGENDA
SPECIAL MEETING
ITEM A
Consent
Information
Public Hearin
Re ular
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December 20, 2000
Meeting
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REQUEST: Community Development Department, Land Development, presents to the
Commission for their action the request to approve the plat for Moss Cove
Townhouses.
PURPOSE: The purpose of this agenda item is for the Commission to take action on the
request to approve the plat for Moss Cove Townhouses. The project is located
south of SR 434 on the east side of Moss Road, across from the Seventh Day
Adventist Church.
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.
December 20,2000
REGULAR AGENDA ITEM A
Page 2
(4) Mortgage holders shall execute before two (2) witnesse~ and a notary public
the following certification on plats: The mortgagee(s) consents and agrees to the
platting oflands 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 suite and the dedication shall remain in full force and effect.:
(5) A dedication to the public by the owners of all roads, streets, alleys,
easements and other rights-of-way, however designated, shown on the plan for
perpetual use for 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)
Section 9-76. Bonding procedures.
Section 9-77. Approval of final plat.
The city commission may approve the final plat, considering any applicable agency
reports, of the plan is in substantial conformity with the approved preliminary plans
and if it complies with regulations established by this chapter. Action by the city
commission may be taken expeditiously, but not to exceed thirty (30) days after
receipt of the final plat and supporting data by the city unless delay is requested by
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
December 20,2000
REGULAR AGENDA ITEM A
Page 3
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: 1) This project was originally platted as Pinewood Terraces. Pinewood Terraces
was platted as blocks and individual units were not depicted.
2) Moss Cove will be a townhouse subdivision and individual units will be owned
fee simple, the reason each unit is platted.
3) Covenants will not be recorded at this time. The City Attorney is reviewing the
comments provided by the Land Development Coordinator to ensure legality and
completeness of the document. Once this is done, the covenants will be presented
to the Commission for their approval.
4) The City has approved $853,273.00 in a rehabilitation loan and an advance
CDBG loan of $56,000.00. These loans are to be paid back at a rate of
$17,668.30 per unit at closing.
Three (3) units are scheduled for closing Friday, December 22,2000 returning
$53,004.70 to the City for the three (3) units.
Staff's intent is to repay the $56,000.00 loan from the General Fund before
payment of the rehabilitation loan.
5) The City's third party surveyor has reviewed the plat and found it to be in
compliance with the requirements of Chapter 177, Florida Statutes.
6) Bonding is not required for the project.
December 20, 2000
REGULAR AGENDA ITEM A
Page 4
RECOMMENDATION:
Staff recommends that the City Commission approve the recordation of the Moss
Cove plat.
ATTACHMENTS:
A - Land Development Coordinator Memo to the City Attorney (with
attachments) dated December 14, 2000
B - Agenda Item A and approved Commission Minutes of the November 2,
2000 Special Meeting
COMMISSION ACTION:
ATTACHMENT A
; ~
II.'
December 14,2000
To: Anthony Garganese
City Attorney
From: Don LeBlanc ~
Land Development Coor~
Re: Legal Review of Documents
Moss Cove
The below listed documents for the Moss Cove project are attached for your legal review:
1) Plat - all appears to be correct pending approval by the Third Party Surveyor
Note: Please refer to attached Tinklepaugh Letter showing three (3) outstanding items,
only one which will apply to the actual plat (Item 10). The other two (2) are not
germane to the actual plat.
2) Title Opinion - this appears to be correct after conversation with you relating to the City
having a separate block for Consent of Mortgagee.
3) Declaration of Covenants, etc. - please refer to below listed comments:
a) First WHEREAS - should there not be a page titled Exhibit "A" describing that this
refers to the plat?
b) Article I, Section 3 - blanks have to be filled in.
.:
c) Article II - Exhibit "A" again and Section 1 blanks will be filled in once the plat is
recorded.
d) Article III, Section 5 - should this section not be removed in its entirety because of the
controversy with the last set of covenants dealing with antennas?
Section 10 - blank has to be filled in. Should commercial vehicles be allowed at all
because of our Code?
e) Page 7 - Article III is duplicated - should be Article IV. All Article numbers from this
point are out of sequence.
t) Page 8, Section 2(b) - should there not be at least one more event if the statement
"whichever occurs earlier:" is used?
''- .:;--'"
" -
December 14, 2000
Anthony Garganese
Page 2
g) Page 12, Section 7 - is it legal for the developer to only assess itself 40% of the annual
assessment once the Class" A" members take over the association?
h) Page 12, Section 8 - Exhibit "A is used again, but the terminology" incorporated by
reference" is omitted. Does this not have to be included?
i) Page 18, Section 1 - Exhibit "C" is mentioned and there is no Exhibit "C" included.
Note: I may have missed it, but I did not see any reference to Exhibit "B".
j) Page 19, Section 4 - same comment as item "h" above.
k) There should be an Article XII to read:
CONFLICTS WITH LAW
Nothing contained in these Declaration of Covenants, Conditions and Restrictions shall prohibit
the application of local, state and federal law. To the extent of any conflict between the
provisions of these Declaration of Covenants, Conditions and Restrictions any applicable local,
state and federal law, the applicable local, state and federal law shall prevail and apply.
I) The Commission, as policy, has required a reserve fund to be held in escrow for the
association once Class B membership is terminated. This has not been done.
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12/12/00 TUE 08:26 FAX 407 422 6915 TI~KLEPAUGH
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TINKLEPAUGB SURVEYING SERVICES, me.
379 W. Michigan Street
Suite 208
Orlando, Florida 32806
Phone (407) 422-0957
Fax (407) 422-6915
DATE
December 12, 2000
TO:
ATTENTION:
RE:
FAX:
PAGES SENT:
FROM:
FAX:
Beale Smith Associates, Inc.
Beale Smith
Moss Cove
407-331-9188
4. includine: cover sheet
Jerry Livemoise
(407) 422-6915
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COM:MENTS:
Copy to:
Don LeBlanc! City of Winter Springs fax # 407-327-4753
"""CONFIDENTIALlTY NOTE.....
The pages acGOmpanying this facsimile transmission contain information from Tinklepaugh Surveying Services. Inc. which
is confidential or privileged. The inJormation is intended to be for U.'le of the indi...idual or entity named on this cover sheet.
If you arc not !.he intended recipient, be aware that any disclosure, copying. distribution or use of !.he contents of this
informalioo is prohibited. If you have received this:facsimile in error, please notify us by telephone listed above inunediately.
Thank You.
DEC-12-2000 08:51
407 422 6'315
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P.01
12/12/00 rUE 08: 26 FAX 407 .122 6915 TIl\'KLEPAUGH
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Tinklepaugh
SUR V E Y I N G S E R V ICE 5 INC.
December 12, 2000
Beale Smith Associates, Inc.
P.O. Box 151633
Altamonte Springs. FL 32707
Attention: L. Beale Smith, P.S.M.
RE: Moss Cove - Second Review
Chapter 177, F.S. Plat Review
TSS File # PL 015
Dear Mr. Smith;
The City of Winter Springs has requested we review the referenced plat as required by Chapter
177, and in that capacity we have the following comments:
Still Applies 1.)
Please provide a boundary survey and supporting documents.
O.K.
2.)
Modify your certification to include:
A.) Company name
B.) Address
C.) LB Number
O.K. 3.A.) Include name of corporation dedicating plat
B.) Include name of mortgagee joining in on plat
O.K.
4.)
Modify plat to fit a 20" x 24" sheet which is the standard size of the
Seminole County Plat Book. Include a 3" left margin and a minimum of
W' on the remaining sides.
O.K.
5.)
Identify the monuments around the perimeter if applicable, if not. so state.
Still Applies 6.)
Monument all lot and block corners now since this is an existing
development.
O.K.
7.)
Show aU data and information called for or referenced in the legal
description on the drawing, i.e.: North, South, East, West, etc. plus graphic
plotting of P.O.C.
O.K. 8.) Clarify the limits of the overlapping easements with dimensions and
preferably, re-Iabel.
379 WEST MICHIGAN ST.) SUITE 208 . ORLANDO, FLORIDA 32806
TELEPHONE (407) 422-0957
FAX (407) 422-6915
E-Mail: tinklepaugh@mpinet.net
DEC-12-2000 08:51
407 422 6915
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12/12/00 TUE 08:26 FAX 407 <122 6915 TIr\KLEPAllGH
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Beale Smith Associates, Inc.
12/12/00
Page -2-
O.K.
9.)
Provide data for all easement areas not parallel to or concentric to property
boundaries.
Still Applies 10.) Letter sizes are much to small and not acceptable. Please use L-IOO when
possible, and in no case use letters smaller than L-SO (standard Leroy
sizes). Call if you have questions on this.
O.K. II.) Provide a legend for all abbreviations used on the plat.
O.K. 12.) As discussed this morning, this plat as presented is very confusing.
Perhaps adding block designations will help define the old lot lines which
are still necessary to define the easement limits.
O.K. 13.) Please modify all dimension distances to one hundredth of a foot.
O.K. 14.) Please denote all radial lines.
O.K.. 15.) Please indicate the use of all tracts. Is the Tract "A" lying in Tract "B" still
intended to be a park? If so, please label it as Tract "c" to make it
different from the other Tract "A' s" shown on the plat.
O.K. 16.) Please remove the extra word "of' from the plat sub-title.
O.K. 17.) Please add a space after the word "recorded" in the legal description.
O.K. 18.) Please add the overall right of way distance adjoining Blocks 2 and 3.
O.K. 19.) Please add the Westerly dimension to the new Tract "C".
O.K. 20.) Please replace the question mark symbol with the delta symbol.
O.K. 21.) Please add P.I., P.C.. P.T. to your road centerline.
O.K. 22.) Label the source of the adjoining State Road #434 right of way.
O.K. 23.) The West line of Block 8 reads 146.3S'. I believe it should read 160.00
feet.
DEC-12-2000 08:51
407 422 5915
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12/12/00 TUE 08:27 FAX 407 422 6915 TI~KLEPAUGH
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Beale Smith Associates, Inc.
12/04/00
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O.K. 24.) Please address the issue of access to the lots; how do the lot owners access
Kristi Ann Court?
As a final comment, we would request that you review Chapter 177 before fe-submitting your
next plat.
Sincerely,
TINKLEPAUGH SURVEYING SERVICES, INC.
Copy to: Don LeBlanc/City of Winter Springs
DEC-12-2000 08:51
407 422 6915
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OPINION OF TITLE
FOR
WYMAN FIELDS FOUNDATION
ATTENTION:
CITY OF WINTER SPRINGS
RE: That part of Lots 52 and 53, Block D, D.R. MITCHELL'S
SURVEY OF THE LEVY GRANT, according to the map or plat
thereof as recorded in Plat Book 1, Page (s) 5, Public
Records of Seminole County, Florida.
Being more particularly described as: Commencing at the
intersection of the East Right of Way of Moss Road with
the South Right of Way of State Road 434 (Longwood-Oviedo
Road) said point located 50 feet South of the centerline
of the centerline of State Road 434; thence South 239.86
feet for the point of beginning; thence East 350.00 feet;
thence South 450.00 feet; thence West 350.00 feet to the
aforementioned East Right of Way line; thence North 450.00
feet along said East Right of Way line to the point of
beginning a/k/a all of the Plat of Pinewood Terrace,
according to the plat thereof as recorded in Plat Book 29,
Page 36, Public Records of Seminole County, Florida.
Dear Ms. Birle:
Pursuant to your request, I have examined Title Report Number
17-2000-2151, prepared by Attorneys Title Insurance Fund
covering the period from the earliest base of title thirty (30)
years from present, to October 19th, 2000 at 11:00 P.M.
This Opinion is based entirely upon entries contained in the
above mentioned Title Report.
It is my opinion that fee simple title in and to the above
described property is vested in Wyman Fields Foundation, Inc.
Said property is subject to the following matters and things:
1.(a) Any law, ordinance or governmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the
land; (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (iii) a
separation in ownership or a change in the dimensions or area of
the land or any parcel of which the land is or was a part; or
(iv) environmental protection, or the effect of any violation
)':
of these laws, ordinances or governmental regulations, except to
the extent that a notice of the enforcement thereof or a notice
of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the
public records wi thin the period covered by the Title Report
above.
(b) Any governmental police power not excluded by (a)
above, except to the extent that a notice of the exercise
thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has
been recorded in the public records within the period covered by
the Title Report above.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the public records within the
period covered by the Title Report above.
3. Defects, liens, encumbrances, adverse claims or other
matters:
(a) created, suffered, assumed or agreed to by record
titleholder,
(b) not known to this examiner , not recorded in the
public records within the period covered by the Title Report
above, but known to the record titleholder and not disclosed in
writing to this examiner by the record titleholder prior to the
date record titleholder requested this opinion or prior to the
date of the request of this opinion.
(c) attaching or created subsequent to dates covered by
the Title Report above.
4. Any fence line, encroachments, overlaps, overhangs and
deficiencies in quantity of ground or any matters not of record
which would be disclosed by an accurate survey and visual
inspection of the premises.
5. Rights and claims of persons in possession if other
than the above title holder.
6. Any unrecorded mechanics' liens for labor or materials
furnished during the past ninety (90) days.
7. Any right of way for public roads or public utilities.
8. City and County taxes for the year 2000.
9. Any unpaid Federal, estate, gift or income taxes.
10. The information provided herein does not include a
search of federal liens filed in the Office of the Secretary of
State, pursuant to Sec. 713.901, et seq., F.S., which became
effective January 1, 1993, and which designated that Office as
the place for filing federal liens against tangible and
intangible personal property of partnerships, corporations,
trusts and decedents' estates. For insuring purposes, personal
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;
property includes, but is not limited to, mortgages, leaseholds,
mortgages on leaseholds, interests in cooperative associations,
vendees' interests, and options.
11. Any lien provided by County Ordinance or by Chapter
159, Florida Statutes, in favor of any city, town, village or
port authority, for unpaid service charges for services by any
water systems, sewer systems or gas systems serving the land
described herein; and any lien for waste fees in favor of any
county or municipality.
12. Mortgage to Peoples First Community Bank,
mortgagee(s), recorded under O.R. Book 3834, Page 1859; Future
Advance REcorded in O.R. Book 3916, Page 1485; UCC Financing
Statement recorded in O.R. Book 3834, Page 1881; Assignment of
Leases, Rents recorded in O.R. Book 3834, Page 1893, Public
Records of Seminole County, Florida.
13. Mortgage to City of Winter Springs, mortgagee(s),
recorded under O.R. Book 3852, Page 1837; Future Advance
recorded in O.R. Book 3852, Page 1864; Assignment of Leases,
Rents recorded in O. R. Book 3852, Page 1866; and UCC Financing
Statement recorded in O.R. Book 3852, Page 1873, Public Records
of Seminole County, Florida.
14. Covenants, conditions and restrictions recorded April
17, 2000, in O.R. Book 3834, Page 1468, Public Records of
Seminole County, Florida.
15. Cable Agreement recorded in O.R. Book 1492, Page
1896, Public Records of Seminole County, Florida.
16. Bylaws recorded in O.R. Book 1518, Page 1053, Public
Records of Seminole County, Florida.
17. Articles recorded in O.R. Book 1516, Page 384, Public
Records of Seminole County, Florida.
18. Easement recorded in O.R. Book 1249, Page 579, Public
Records of Seminole County, Florida.
19. Any lien or claim of lien for services, labor or
materials which may take priority over the estate or interest
insured by reasons of that certain Notice of Commencement
recorded May 18, 2000, under O.R. Book 3852, Page 1878, of the
Public Records of Seminole County, Florida.
20. The followi~g matters shown on the Survey prepared by
Beale Smith Associates, Inc., dated June 1, 1999 under Survey
No. 16916-1 (As to Lot 1):
(a) Concrete Drive encroachment
Easterly Utility Easements.
into Southerly and
(b) Concrete Walk encroachments into Northerly Utility
Easements
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j
'-
(c) Concrete Wall encroachments
Southerly Drainage Easements.
into Westerly
and
(d) Concrete Wall encroachment into Westerly Utility
Easement.
(e) Concrete Drive encroachment into Southerly and
Easterly Drainage Easements.
21. The following matters shown on the Survey prepared by
Beale Smith Associates, Inc. dated June 1, 1999 under Survey No.
16916-2 (As to Lot 2):
(a) Concrete Drive encroachment
Utility and Cross Access Easements.
into
Northeasterly
(b)
Easement.
Concrete Walk encroachments into front Utility
22. The following matters shown on the Survey prepared by
Beale Smith Associates, Inc., dated June 1, 1999 under Survey
No. 19616-3 (As to Lot 3):
(a) Concrete Drive encroachment into the front, rear and
Southwesterly Utility Easements.
(b) Concrete Drive encroachment into the Southwesterly
Cross Access Easement.
(c)
Easement.
Concrete Walks encroachment into front Utility
(d) Metal Shed. encroachment onto adj oining property on
the Southeast.
23. The following matters shown on the Survey prepared by
Beale Smith Associates, Inc., dated June 1, 1999 under Survey
16916-4 (As to Lot 4):
(a) Concrete Drive encroachment into the Westerly and
Northerly Utility Easements.
(b) Fence encroachment along the Easterly line of subject
property and into the Easterly Utility Easement.
24. The following matters shown on the Survey prepared by
Beale Smith Associates, Inc., dated June 1, 1999 under Survey
No. 16916-5 (As to Lot. 5):
(a) Concrete Drive encroachment into the front and
Southerly Utility Easement and Southerly Cross Access Easement.
(b) Fence encroachment along the Northerly and Easterly
lot lines and into the Northerly and Easterly Utility Easements.
25. The following matters shown on the Survey prepared by
Beale Smith Associates, Inc., dated June 1, 1999 under Survey
No. 16916-6 (As to Lot 6):
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i'
.
(a) Concrete Drive encroachment into the front, rear and
Westerly side Utility Easements.
(b) Concrete Drive encroachment into the Westerly Cross
Access Easement.
(c) Concrete Walk encroachment into the front Utility
Easement and front Cross Access Easement.
(d) Fence encroachment along the Northerly line and into
the Northerly Utility Easements.
26. The following matters shown on the Survey prepared by
Beale Smith Associates, Inc., dated June l, 1999 under Survey
No. 16916-7 (As to Lot 7):
(a) Concrete Drive encroachment into the front and
Easterly Utility Easements.
(b) Concrete Wall encroachment along the Northerly line
and into the Northerly Utility Easements.
27. The following matters shown on the Survey prepared by
Beale Smith Associates, Inc., dated June 1, .1999 under Survey
No. 16916-8 (As to Lot 8):
(a) Concrete Drive encroachment into the Easterly Utility
Easements.
(b) Concrete Walk encroachment into the Southeasterly
Utility Easement.
(c)
Sign encroachment in Southwest corner of lot.
J~
submitted
this
day
of
November,
Respectfully
A.D., 2000.
. MA S Y, ESQUIRE
GARY . MASSEY, P.A.
One Douglas Place
100 West Citrus Street
Altamonte Springs, FL 32714-2502
(407) 772-0900
Florida Bar No.: 138054
Examining Counsel
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This document prepared by:
GARY E. MASSEY, ESQUIRE
Law Offices of Gary E. Massey, P.A.
100 West Citrus Street
Altamonte Springs, Florida 32714
(407) 772-0900
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR MOSS COVE
THE DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MOSS COVE (hereinafter referred to as the "Declaration") made
on the date hereinafter set forth by WYMAN FIELDS FOUNDATION INC. (hereinafter
referred to as "Declarant") with the principal mailing address of
WITNESSETH:
WHEREAS, Declarant is the record owner in fee simple of certain real property
located in Seminole County, Florida, which land has been platted and which plat is
attached hereto marked Exhibit "A" and incorporated herein by reference; and
WHEREAS, the above property was initially platted as Pine Terrace as recorded
in Plat Book 29, Page 36 of the Public Records of Seminole County, Florida, which has
now been re-platted as Moss Cove and wherefore there existed Declarations of
Covenants, Conditions and Restrictions of Pinewood Terrace which were recorded in
O.R. Book 1516 at Page 0368 through 0383 of the Public Records of Seminole County,
Flori~a, which could be amended by 90 percent of the property owners; and
WHEREAS, Declarant is the owner of 100 percent of the properties known as
Pine Terrace and Declarant declares said Declarations as recorded in O.R. Book 1516 at
pages 0368 through 0383 to be amended with the filing of this Declaration of Covenants,
Conditions and Restrictions for the replat of Pine wood Terrace to Moss Cove; and
WHEREAS, Declarant desires to develop the property as a subdivision known as
"MOSS COVE"; and
WHEREAS, the Declarant desires to provide for the preservation of the values
and amenities with the property and for the maintenance of water retention, drainage,
buffer areas and common areas and exterior maintenance of all buildings, and to this end
desires to subject the property to the covenants, restrictions, easements, charges and liens
hereinafter set forth, each and all of which is an area for the benefit of the property and
each subsequent owner of all or part thereof; and
WHEREAS, it is the intention of the Declarant to develop the property and
refurbish residential housing units thereon and sell the same as attached single family
residential units; and
WHEREAS, the Declarant has deemed it desirable, for the efficient preservation
of the values and amenities within the property to create a homeowner's association to
which shall be delegated Common Area properties of maintaining and administering
certain designated Common Area properties and facilities within the property as well as
the exterior of all buildings, which areas, where applicable, shall be specifically
designated on the plat of the Subdivision, as hereinafter defined as common area other
than the exterior of all residential buildings; administering and enforcing this Declaration,
and collecting and disbursing the assessments and charges hereinafter created; and
WHEREAS, Declarant has incorporated under the laws of the State of Florida, a
non-profit corporation called MOSS COVE HOMEOWNERS ASSOCIATION, INe.,
(hereinafter referred to as the "Association"), for the purposes of exercising the functions
aforesaid;
NOW THEREFORE, the Declarant declares that all Property be held, sold and
conveyed subject to the following easements, restrictions, covenants, and conditions,
which are for the purpose of protecting the value and desirability of, and which shall run
with the Property and be binding on all parties having any right, title or interest in the
Property or any part thereof, their heirs, successors and assigns, and shall inure to the
benefit of each Owner thereof.
ARTICLE 1
DEFINITIONS
Section 1. "Association" shall mean and refer to MOSS COVE HOMEOWNERS
ASSQCIA TION, INe., a Florida corporation not for profit, its successors and assigns.
Section 2. "Assessment" shall mean a share of the funds required for the payment
of the common elements and other expenses incurred as defined herein and such
assessments shall be borne by the unit owner.
Section 3. "ARC" shall mean the Architectural Review Committee appointed in
accordance with Article _, whose duties shall be set forth in Article _'
Section 4. "Common Area" shall mean all real property, including the
improvements thereon, owned by the Association for the common use and enjoyment of
the Members of the Association, whether acquired by purchase or conveyance from the
Declarant, its successors or assigns, by the dedication on a plat or plats of the property or
otherwise. The Common Area shall be identified by tract on the plat of the Property, and
shall be subject to this Declaration and the dedication set forth on the plat. Common
Area shall include all roadways and sidewalks within the subdivision and all Common
Areas designated as such on the plat of the subdivision. All Common Areas is to be
2
maintained by the Association and devoted to and intended for the common use and
enjoyment of the members of the Association, their families, guests, persons occupying
Dwelling Units (as hereinafter defined) on a guest or tenant basis, to the extent authorized
by the Board of Directors of the Association.
Section 5. "Common Expenses" shall include: (a) expenses of administration
and management of the Association's common area property; (b) expenses of
maintenance, operation, repair or replacement of common area elements, and of the
portions of units to be maintained by the Association; (c) expenses declared common
expenses by the provisions of this Declaration or the By-Laws; (d) any valid charge
against the Association as a whole; and (e) reasonable reserves, whether held in trust or
by the Association, for repair, replacement or addition to the common elements or any
other real or personal property acquired or held by the Association.
Section 6. "Common Surplus" means the amount by which the receipts of the
Association including, but not limited to, assessments, rents, profits and revenues
received on account of common elements, exceed the amount of common expenses.
Provided, however, in the event that the Association contracts with a separate
management corporation for management of the Association's common area and portion
of the units for which the association is responsible, the portion of receipts of the
Association representing fees contracted for and to be collected by said management
corporation, shall not be considered as part of the common surplus.
Section 7. "Declarant or Developer" shall mean and refer to WYMAN FIELDS
FOUNDATION, INC., its successors and assigns. All rights, powers and privileges
granted to the Declarant by this Declaration or by the Articles of Incorporation and By-
Laws of the Association shall be exercised by the Declarant in such manner as it may
determine.
Section 8. "Dwelling Unit" shall mean and refer to any building or portion
thereof constructed or reconstructed on a Lot and intended for use and occupancy as a
single family residence susceptible to ownership in fee simple as to which Dwelling Unit
a certificate of occupancy has been issued by the applicable governmental authorities,
whether such Dwelling Unit is detached from or connected by a party wall or other
structural element to other Dwelling Units.
Section 9. "Institutional Mortgage of Institutional First Mortgage shall include,
but not be limited to a mortgage held by a bank, life insurance company, union pension
fund authorized to do business in the State of Florida, savings and loan association,
mortgage company, mortgage brokerage company, the Developer, an agency of the
United States Government and the holder of any mortgage insured by any agency of the
United States Government, such as Federal National Mortgage Association, FHLMC,
Federal Housing Authority of the Veterans Administration. When an institutional first
mortgage by some circumstance fails to be a first mortgage, but it is evident that it is
intended to be a first mortgage, it shall nevertheless for the purposes of this Declaration
and the Exhibits annexed hereto, be deemed an institutional first mortgage and the holder
3
thereof shall be deemed an institutional first mortgagee. All references in this
Declaration to a first mortgage shall be deemed to include an institutional first mortgage.
Section 10. "Lease" shall mean the grant, either oral or in writing, by a unit
owner of a temporary right of use of said owner's unit for a valuable consideration.
Section 11. "Lot" shall mean and refer to any plot of land shown upon any
recorded subdivision map of the properties; provided, however, that there shall be
excluded from the definition of Lot, the Common Area, Dedicated Areas and/or streets.
Section 12. "Member" shall mean and refer to any Owner of a lot who is a
member of the Association.
Section 13. "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of a fee simple title to any Lot, which is a part of the properties,
including contract sellers, but excluding those having such interest merely as security for
the performance of an obligation.
ARTICLE II
PROPERTY SUBJECT TO DECLARATION
The real property which is and shall be held, transferred, sold, conveyed and
occupied subject to the provision of this Declaration is all of the property forming or
being part of MOSS COVE, which plat is attached hereto marked Exhibit "A" and
incorporated herein by reference. .
Section 1. Existing Property. The existing property subject to this Declaration is
that real property within MOSS COVE; as per plat thereof recorded in Plat Book _,
Page _, through and inclusive of the Public Records of Seminole County, Florida,
more'particularly described in Exhibit "A" attached hereto and made a part hereof.
ARTICLE III
PROPERTY RIGHTS
Section 1. Owner's Easement of Enjoyment. Every Owner shall have a right and
easement of enjoyment in and to the Common Area which shall be appurtenant to and
shall pass with the title to every lot, subject to the following provisions:
(a) All provisions of this Declaration, any plat of all or any part or parts of the
Property; and the Articles of Incorporation and By-Laws of the Association;
(b) rules and regulations adopted by the Association governing use and
enjoyment of the Common Area;
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(c) the right of the Association to suspend the voting rights for any period
during which any assessment against his Lot remains unpaid; and for a period not to
exceed sixty (60) days of any infraction of its published rules and regulations;
(d) the right of the Association to dedicate, sell or transfer all or any part of
the Common Area to any public agency, authority or utility for such purpose and subject
to such conditions as may be agreed to by the members. No dedication, sale or transfer
shall be effective unless an instrument agreeing to such dedication, sale or transfer signed
by two-thirds (2/3) ofthe Lot Owners (excluding Declarant) has been recorded.
Section 2. Delegation of Use. Any Owner may delegate, in accordance with the
By-Laws, his right or enjoyment to the Common Area and facilities to the members of his
family, his tenants or contract purchasers who reside on the Property.
Section 3. Owners Other Easements. Each Owner shall have an easement for
pedestrian and vehicular ingress and egress over, upon and across the Common Area for
access to his Lot and shall have the right to lateral and subjacent support of his Lot. Such
easements of ingress and egress shall be non-exclusive as to all streets and roads situated
on the Properties but shall be exclusive as to any driveway, or portion thereof, providing
access to a particular Lot situated on the Common Area. There shall be reciprocal
appurtenant easements for the maintenance, repair, and reconstruction of any party wall
or walls, as hereinafter more particularly provided. All such rights and easements
granted by this Declaration shall be appurtenant to, and pass with, the title to each Lot.
Section 4. Easements of Encroachment. There shall be reciprocal appurtenant
easements of encroachment as between each Lot and such portion or portions of the
Common Area adjacent thereto, or as between adjacent Lots, or both, for the unwillful
placement, settling, or shifting of the improvements constructed, reconstructed, or altered
thereon (in accordance with the terms hereof), to a distance of not more than five (5) feet,
as measured from any point on the common boundary between each Lot and the adjacent
portion of the Common Area or as between said adjacent Lots, as the case may be, along
a line perpendicular to such boundary at such point; provided, however, that in no event
shall an easement for encroachment exist if such encroachment is caused by willful
misconduct on the part of an Owner, Tenant, or the Association.
Section 5. Antennas. No television or radio masts, towers, poles, antennas,
aerials, or appurtenances thereto, shall be erected, constructed or maintained on any Lot,
except in accordance with the rules and regulations adopted by the Association.
Section 6. Use of Units. Each Lot shall be used for single-family residential
purposes only, and no trade or business of any kind may be carried on therein. Lease or
rental of a Lot for single-family residential purposes shall not be construed as a violation
of this covenant.
Section 7. Use of Common Area. There shall be no obstruction of the Common
Area, nor shall anything be kept or stored on any part of the Common Area without the
5
prior written consent of the Association except as specifically provided herein. Nothing
shall be altered on, constructed in, or removed from the Common Area except upon the
prior written consent of the Association.
Section 8. Prohibition of Damage and Certain Activities. Nothing shall be done
or kept in any Lot or in the Common Area or any part thereof to increase the rate of
insurance on the Properties or any part thereof over what the Association, but for such
activity, would pay, without the prior written consent of the Association. Nothing shall
be done or kept in any Lot or in the Common Area, or any part thereof, which would be
in violation of any Statute, rule, ordinance, regulation, permit or other validly imposed
requirement of any governmental body. No damage to or waste of, the Common Area or
any part thereof or of the exterior of the Properties and buildings shall be committed by
any Owner or any Tenant or invitee of any Owner; and each Owner shall indemnify and
hold the Association and other Owners harmless against all loss resulting from any such
damage or waste caused by him or his Tenants or invitees, to. the Association or other
Owners. No noxious, destructive or offensive activity shall be permitted on any Lot or in
the Common Area or any part thereof, nor shall anything be done therein which may be
or may become an annoyance or nuisance to any other Owner or to any other person at
any time lawfully residing on the Properties.
Section 9. Signs Prohibited. No sign of any kind shall be displayed to the public
view on any Lot or the Common Area without the prior written consent of the
Association, except address signs and a lawn sign of not more than five square feet in
size advertising the property for sale or rent, provided the same are in accordance with
rules an~ regulations adopted by the Association.
Section 10'. Parking. No Owner shall park, store, keep, repair, or restore any
vehicle, boat, or trailer anywhere upon the Properties, provided, however that passenger
automobiles and motor vehicles may be - parked on the driveway area appurtenant to each
Lot. ,No commercial vehicles which gross weight exceeds shall be parked or
stored on the properties.
Section 11. Animals. No animals, livestock, or poultry of any kind shall be
raised, bred, or kept on any Lot or Common Area, except that domestic dogs, cats and
other household pets may be kept on Lots subject to rules and regulations adopted by the
Association, provided that they are not kept, bred, or maintained for any commercial
purpose and provided they comply with all governmental regulations.
Section 12. Rubbish. No rubbish, trash, garbage, or other waste material shall be
kept or permitted upon any Lot or Common Area except inside the improvements on each
Lot or in the common sanitary facility provided by the association.
Section 13. Provisions Inoperative as to Initial Construction. Nothing contained
in this Declaration shall be interpreted or construed to prevent Developer, its transferees,
or its or their contractors, or sub-contractors, from doing or performing on all or any part
of the Properties owned or controlled by Developer, or its transferees, whatever they
6
determine to be reasonably necessary or advisable in connection with the completion of
the reconstruction work, including, without limitation:
(a) erecting, constructing, and maintaining thereon such structures as
may be reasonably necessary for the conduct of Developer's business of
completing the Work and establishing the properties as a single family residential
community and disposing of the same in parcels by sale, lease, or otherwise; or
(b) conducting thereon its or their business of completing the
reconstruction work and establishing the Properties as a single family residential
community and disposing of the Properties in parcels by sale, lease, or otherwise;
or
(c) maintammg such sign or signs thereon as may be reasonably
necessary in connection with the sale, lease or other transfer of the Properties in
parcels.
As used in this Section and its sub-paragraphs, the term "its transferees" specifically does
not include purchasers of Lots improved as completed residences.
Section 15. Rules and Regulations. No Owner shall violate the rules and
regulations for the use of the Lots and the Common Area, as the same are from time to
time adopted by the Association.
Section 16. Ownership Rights Limited to Those Enumerated. No transfer of title
to any Lot shall pass to the Owner. thereof any rights in and to the Common Area except
as are expressly enumerated in this Declaration. In the event any Lot is shown or
described as abutting a street, utility easement, or other area dedicated to public use, the
underlying fee simple title to 'such area;if any, shall not pass as an appurtenance to such
Lot, but shall be construed as part of the Common Area and pass as an appurtenance to
the Common Area. No provision in any Deed or other instrument of conveyance of any
interest in any Lot shall be construed as passing any right, title, and interest in and to the
Common Are except as expressly provided in this Declaration. It is Developer's express
intent that the fact that any Lot is shown or described as bounded by any artificial or
natural monument on the Common Area shall not pass to the Owner of each Lot any
rights therein, except as herein expressly provided, but that such monument shall be a
part of the Common Area and all rights therein shall inure to the benefit of the
Association and all Owners.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every Owner shall be entitled and required to be a
member of the Association. If title to a Lot is held by more than one person, each of such
persons shall be members. An Owner of more than one Lot shall be entitled to one
membership and one vote for each Lot owned by him. Each such membership shall be
7
appurtenant to the Lot upon which it is based and shall be transferred automatically by
conveyance of that Lot. No person or entity other than an Owner or Developer may be a
member of the Association, and a membership in the Association may not be transferred
except in connection with the transfer of title to a Lot.
Section 2. Voting. The Association shall have two (2) classes of voting
membership:
(a) Class A. Class A members shall be all Owners with the
exception of the Developer (except as provided below) and shall be entitled to one
(1) vote for each Lot owned. When more than one person holds an interest in any
Lot, all such persons shall be members. The vote for such Lot shall be exercised
as they among themselves determine; but in no event shall more than one (1) vote
be cast with respect to any Lot. There shall be no split vote. Prior to the time of
any meeting at which a vote is to be taken, each co-owner shall file the name of
the voting co-owner with the Secretary of the Association in order to be entitled to
vote at such meeting, unless such co-owners have filed a general voting authority
with the Secretary applicable. to all votes until rescinded.
(b) Class B. The Class B member(s) shall be the Developer and
shall be entitled to three (3) votes for each Lot owned. The Class B membership
shall cease and be converted to Class A membership on the happening of either of
the following events, whichever occurs earlier:
(i) Ninety days after 90 % of all Lots in the
Development have been conveyed to members other than the Developer.
Section 3. Amplification. The provisions of this Declaration are amplified by the
Articles of Incorporation and the By-Laws of the Association; provided, however, no
such .amplification shall be substantially alter or amend any of the rights or obligations of
the Owners set forth herein. In the event of any conflict between this Declaration and the
Articles ofIncorporation or the By-Laws, this Declaration shall control.
ARTICLE IV
RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
Section 1. The Common Area. The Association, subject to the rights of the
Owners set forth in this Declaration, shall be responsible for the exclusive management
and control of the Common Area and all improvements thereon, (including furnishings
and equipment related thereto), and shall keep the same in good, clean, substantial,
attractive, and sanitary condition, order and repair. The Association's duties shall extend
to, and include, all streets and utility installations upon, over, under and through the
Common Area.
Section 2. Exterior Maintenance. In addition to maintenance on the Common
Area, the Association shall provide exterior maintenance upon each Lot which is subject
8
to assessment hereunder, as follows: paint, repair, replace and care for roofs, gutters,
downspouts, exterior building surfaces, trees, shrubs, grass, walks, and other exterior
improvements, including patio fences, if any. Such maintenance shall include the
mowing and other care of any lawn on any Lot, nor shall the Association's duty of
exterior maintenance extend to glass surfaces, or replacement of exterior doors. Should
an Owner neglect to maintain or replace any glass surfaces or exterior doors, then the
Association may maintain, repair, or replace the same, as the case may be, at such
Owner's expense; and the cost thereof shall be added to and become a part of the
assessment against the Owner's Lot. In the event that the need for maintenance or repair
is caused by the willful or negligent act of any Owner, or any member of any Owner's
family or household, or any Owner's guest, invitees, or tenants, then the cost of such
maintenance or repairs shall be added to and become a part of the assessment against that
Owner's Lot.
Section 3. Services. The Association may obtain and pay for the services of any
person or entity to manage its affairs, or any part thereof, to the extent it deems advisable,
as well as such other personnel as the Association shall determine to be necessary or
desirable for the proper operation of the Properties, whether such personnel are furnished
or employed directly by the Association or by any person or entity with whom or which it
contracts. The Association may obtain and pay for legal and accounting services
necessary or desirable in connection with the operation of the Properties or the
enforcement of this Declaration. . The Association may arrange with others to furnish
water, trash collection, sewer service and other common services to each Lot.
Section 4. Personal Property for Common Use. The Association may acquire and
hold tangible personal property and may dispose of the same by sale or otherwise, subject
to such restrictions as may from time to time be provided in the Association's By-Laws.
Section 5. Rules and Regulations. The Association from time to time may adopt,
alter, amend, and rescind reasonable rules and regulations governing the use of the Lots
and of the Common Areas, which rules and regulations shall be consistent with the rights
and duties established by this Declaration.
Section 6. Implied Rights. The Association may exercise any other right or
privilege given to it expressly by this Declaration, its Articles of Incorporation, or by law,
and every other right or privilege reasonably to be implied from the existence of any right
or privilege granted herein or reasonably necessary to effectuate the exercise of any right
or privileges granted herein.
Section 7. Restriction on Capital Improvements. Except for replacement or repair
of those items installed by Developer as part of the reconstruction work, and except for
personal property related to the maintenance of the Common Area, the Association may
9
not authorize capital improvements to the Common Area without Developer's consent
during a period of five (5) years from the date of this Declaration. At all times hereafter,
all capital improvements to the Common Area, except for replacement or repair of those
items installed by Developer as part of the Work and except for personal property related
to the maintenance of the Common Area, shall require the approval of two-thirds (2/3) of
the Owners.
Section 8. Insurance. The Association shall take out liability insurance on the
common areas and such amounts of casualty insurance as the association deems
necessary for its properties whether real or tangible and the association may insure the
buildings comprising the individual units under a blanket casualty policy with the
association as an additional insured to construct or reconstruct said buildings either
partially or wholly destroyed by casualty and the cost of said insurance shall be part of
the common expense assessed annually to the Lot Owners.
ARTICLE V
COVENANT FOR ASSESSMENTS
Section 1. Creation of a Lien and Personal Obligation of Assessments. The
Developer, for each lot owned with the Properties, hereby covenants, and each Owner of
any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such
deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments
or charges; and (2) special assessments for capital improvements, such assessments to be
established and collected as herein provided; and (3) special assessments against any
particular Lot which are established pursuant to the terms of this Declaration; and (4) all
excise taxes, if any, which may be.imposed on all or any portion of the foregoing by law.
All such assessments, together with interest and all costs and expenses of collection,
including reasonable attorney's fees, shall be a charge on the land and shall be a
continuing lien upon the property against which each assessment is made. Each such
assessment, together with interest and all costs and expenses of collection, including
reasonable attorney's fees, shall also be the personal obligation of the person who was the
Owner of such property at the time when the assessment fell due. The personal
obligation for delinquent assessments shall not pass to an Owner's successors in title
unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the Association
shall be used exclusively to promote the recreation, health, safety, and welfare of the
residents in the Properties; for the improvement and maintenance of the Common Area,
and of the exteriors of the buildings situated upon the Properties (as hereinabove
provided); shall provide for the payment of insurance coverage to reconstruct the
buildings, if destroyed in whole or in part by casualty, for payment of all taxes assessed
to the Association, if any, in respect to the Common Area, or the improvements or
personal property thereon, or both; and for the Association's general activities and
operations in promoting the recreation, health, safety, and welfare of the residents in the
Properties.
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Section 3. Maximum Annual Assessments. Until January 1 of the year
immediately following the conveyance of the first Lot by Developer to an Owner, the
annual assessment shall not exceed $1,200 per lot upon the transfer condition set forth
hereafter.
(a) From and after January 1 of the year immediately following
the conveyance of the first Lot by the Developer to an Owner, the annual
assessment may be increased each year not more than fifteen percent (15%) above
the assessment for the previous year without vote of the membership.
(b) From and after January 1 of the year immediately following
the conveyance of the first Lot to an Owner, the annual assessment may be
increased above the fifteen percent (15%) by a vote of a majority of each Class of
members who are voting in person or by proxy, at a meeting duly called for this
purpose.
(c) The Board of Directors of the Association may fix the annual
assessment at an amount not in excess of the amounts set forth herein.
Section 4. Special Assessments for Capital Improvements. 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, reconstruction, repair or replacement of a capital
improvement upon the Common Area, including fixtures and personal property related
thereto, on the Properties, provided that any such assessment shall have the assent of two-
thirds (2/3) of the -votes of each Class of voting members who are voting in person or by
proxy at a meeting duly called for this purpose and, during the first five (5) years from
the date hereof, the same shall be approved by the Developer.
Section 5. Notice of Meetings. Written notice of any meeting called for the
purpose of taking any action authorized under Section 3 and 4 hereof shall be sent to all
members not less than thirty (30) days nor more than sixty (60) days in advance of the
meeting notifying said members of the purpose of said meeting and action to be
considered. At the first such meeting called, the presence of members or of proxies
entitled to cast thirty-three and one third percent (33 1/3%) of all the votes in each class
shall constitute a quorum. If, however, such quorum shall not be present or represented
at any meeting, the members entitled to vote thereat shall have the power to adjourn the
meeting from time to time without notice other than an announcement of the meeting
until a quorum as aforesaid shall be present or be represented. No such subsequent
meeting shall be held more than sixty (60) days following the preceding meeting.
Section 6. Uniform Rate of Assessment. Both special assessments for capital
improvements, and annual assessments, shall be fixed at a uniform rate for all Lots and
may be collected on a monthly basis; provided, however, the foregoing requirement of
uniformity shall not prevent special assessments against any particular lot which are
established pursuant to the terms of this Declaration.
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Section 7. Developer's Assessment. Notwithstanding the foregoing requirement
of uniformity, or any other provision of this Declaration, or the Association's Articles of
Incorporation or By-Laws, to the contrary, the annual assessment against any Lot in
which Developer owns any interest shall, as long as there is Class "B" membership in the
Association, be fixed by the Board of Directors annually in an amount not less than forty
percent (40%), nor more than one hundred percent (100%) of the amount hereinabove
established against Lots owned by the Class "A" members of the Association. Upon
termination of the Class "B" membership in the Association, as hereinabove provided,
the annual assessment against any Lot in which Developer owns any interest shall be
forty percent (40%) of the amount hereinabove established against Lots owned by Class
"A" members of the Association, other than Developer. Upon transfer of title of a
Developer-owned Lot, such Lot shall be assessed in the amount established against Lots
owned by the Class "A" members of the Association, prorated as of, and commencing
with, the month following the date of transfer of title. Notwithstanding the foregoing,
those lots from which Developer derives any rental income, or holds an interest as
mortgagee or contract seller, shall be assessed at the same amount as is hereinabove
established for Lots owned by Class "A" members of the Association, prorated as of, and
commencing with, the month following the execution of the rental agreement or
mortgage, or the contract purchaser's entry into possession, as the case may be.
Section 8. Date of Commencement of Annual Assessments. The annual
assessments provided for herein shall commence as to all Lots within that portion of the
Properties described in Exhibit "A" as common area attached hereto on the first day of
the month following the recording of the conveyance to the Association by Developer of
the Common Area described in Exhibit "A" attached hereto. The annual assessments
within any addition to the Properties created by annexation, as hereinafter provided, shall
commence as to all Lots included within each such annexation on the first day of the
month following the conveyance of the Common Area included within that annexation to
the Association. The first annual assessment against any Lot shall be prorated according
to the number of months then remaining in the calendar year. Both annual and special
assessments may be collected on a monthly basis, in the discretion of the Board of
Directors of the Association, which shall fix the amount of the annual assessment against
each Lot at least thirty (30) days in advance of each annual assessment period. The
Association shall, upon demand, and for a reasonable charge, furnish to any interested
party a certificate signed by an officer of the Association setting forth whether the
assessments against a specific Lot have been paid and, if not, the amount of the
delinquency thereof. The Board of Directors of the Association shall establish the due
date of all assessments contemplated by this Declaration.
Section 9. Lien for Assessment. All sums assessed to any Lot pursuant to this
Article, together with interest and all costs and expenses of collection, including
reasonable attorney's fees, shall be secured by a lien on such Lot in favor of the
Association. Such lien shall be superior to all other liens and encumbrances on such Lot,
except only for:
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(a) Liens of general and special taxes; and
(b) A lien for all sums unpaid on a first Mortgage, or on any
Mortgage to Developer, duly recorded, including all unpaid obligatory advances
to be made pursuant to such Mortgage and all amounts advanced pursuant to such
Mortgage and secured by the lien thereof in accordance with the terms of such
instrument; and
(c) Construction liens filed pnor to the making of such
assessments.
Except for said liens of general and special taxes, liens for all sums secured by a
first Mortgage, and construction liens as more particularly defined in sub-
paragraphs (a) through (c) hereof, all other lienors acquiring liens on any Lot after
the recordation of this Declaration in the Public Records of Seminole County,
Florida, shall be deemed to consent that such liens shall be inferior to liens for
assessments, as provided herein, whether or not such consent is specifically set
forth in the instruments creating such liens. The recordation of this Declaration in
the Public Records of Seminole County, Florida, shall constitute constructive
notice to all subsequent purchasers and creditors, or either, of the existence of the
lien hereby created in favor of the Association and the priority thereof.
Section 10. Effect of Nonpayment of Assessments: Remedies of the
Association. Any assessment not paid within thirty (30) days after the due date
shall bear interest from the due date at the rate of six percent (6%) per annum.
The Association may bring an action at law against the Owner personally
obligated to pay the same, or foreclose the lien against the property. No Owner
may waive or otherwise escape liability for the assessments provided for herein
by non-use of the Coriunon Area or abandonment of his Lot. A suit to recover a
money judgment for unpaid assessments hereunder shall be maintainable without
foreclosing or waiving the lien securing the same.
Section 11. Foreclosure. The lien for sums assessed pursuant to this
Declaration may be enforced by judicial foreclosure by the Association in the
same manner in which mortgages on real property may be foreclosed in Florida.
In any such foreclosure, the Owner shall be required to pay all costs and expenses
of foreclosure, including reasonable attorney's fees. All such costs and expenses
shall be secured by the lien being foreclosed. The Owner shall also be required to
pay to the Association any assessments against the Lot which shall become due
during the period of foreclosure, and the same shall be secured by the lien
foreclosed and accounted for as of the date the Owner's title is divested by
foreclosure. The Association shall have the right and power to bid at the
foreclosure or other legal sale to acquire the Lot foreclosed, and thereafter to hold,
convey, lease, rent, encumber, use and otherwise deal with the same as the Owner
thereof for the purposes of resale only. In the event the foreclosure sale results in
a deficiency, the Court ordering the same may, in its discretion, enter a personal
13
judgment against the Owner thereof for such deficiency, in the same manner as is
provided for foreclosure of Mortgages in the State of Florida.
Section 12. Homesteads. By acceptance of a Deed thereto, the Owner of
each Lot shall be deemed to acknowledge conclusively that the obligations
evidenced by the assessments provided for in this Declaration are for the
improving and maintenance of any homestead maintained by such Owner on such
Owner's Lot.
Section 13. Subordination of the Lien to Mortgages. The lien of the
assessments provided for herein shall be subordinate to the lien of any first
mortgage. Sale or transfer of any Lot shall not affect the assessment lien.
However, the sale or transfer of any lot pursuant to foreclosure of any such first
mortgage, or any proceeding in lieu thereof, shall extinguish the lien of such
assessments as to payments which became due prior to such sale or transfer. No
sale or transfer shall relieve such Lot from liability for assessments thereafter
becoming due or from the lien thereof. The Association shall, upon written
request, report to any encumbrancer of a Lot any unpaid assessments remaining
unpaid for a period longer than thirty (30) days after the same shall have become
due and shall give such encumbrancer a period of thirty (30) days in which to cure
such delinquency before instituting foreclosure proceedings against the Lot;
provided however, that such encumbrancer first shall have furnished to the
Association written notice of the existence of the encumbrance, which notice shall
designate the lot encumbered by a proper legal description and shall state the
address to which notice pursuant to this section shall be given to the
encumbrancer. Any encumbrancer holding a lien on a Lot may pay, but shall not
be required to pay, any amounts secured by the lien created by this Section; and
upon such payment, such encumbrancer shall be subrogated to all rights of the
Association with respect to such lien, including priority.
ARTICLE VI
ARCHITECTURAL CONTROL
Section 1. Architectural Control Committee. The Board of Directors of
the Association shall appoint as a standing committee an Architectural Control
Committee, which shall be composed of three (3) or more persons appointed by
the Board of Directors, or, in the Board's discretion, the Board may constitute
itself the Architectural Control Committee. No member of the Committee shall
be entitled to compensation for services performed; but the Committee may
employ independent professional advisors and allow reasonable compensation to
such advisors from Association funds. The Architectural Control Committee
shall have full power to regulate all exterior changes to the Properties in the
manner hereinafter provided.
Section 2. Committee Authoritv. The Committee shall have full authority
to regulate the use and appearance of the exterior of the Properties to assure
14
harmony of external design and location in relation to surrounding buildings and
topography and to protect and conserve the value and desirability of the Properties
as a residential community. The power to regulate shall include the power to
prohibit those exterior uses or activities deemed inconsistent with the provisions
of this Declaration, or contrary to the best interests of the Association in
maintaining the value and desirability of the Properties as a residential
community, or both. The Committee shall have authority to adopt, promulgate,
rescind, amend, and revise rules and regulations in connection with the foregoing;
provided, however, such rules and regulations shall be consistent with the
provisions of this Declaration and, in the event the Board of Directors of this
Association has not constituted itself as the Committee, such rules and regulations
shall be approved by the Board of Directors prior to the same taking effect.
Violations of the Committee's rules and regulations shall be enforced by the
Board of Directors, unless such enforcement authority is delegated to the
Committee by resolution of the Board of Directors.
Section 3. Alterations. Without limitation of the foregoing, no changes,
alterations, additions or attachments of any nature whatsoever shall be made to
the exterior of any Lot, including that portion of any Lot not actually occupied by
the improvements thereon, except such as are installed, improved, or made by
Developer in connection with the reconstruction work, until the plans and
specifications showing the nature, kind, shape, height, materials, locations, color
and approximate cost of the same shall have been submitted to and approved in
writing as to harmony of external design and location in relation to surrounding
buildings and topography within the Properties by the Architectural Control
Committee. No Owner shall undertake any exterior maintenance of his Lot which
is the duty of the Association, as hereinabove provided, without the prior approval
of the Committee. No exterior door or glass surface shall be replaced by any
Owner without the Committee's prior approval, unless the replacement is
identical to that utilized by Developer in connection with the Work. Nothing shall
be kept, placed, stored, or maintained upon the exterior of any Lot, including any
portion of any Lot not enclosed by the improvements thereon, or upon the
Common Area, without the Committee's prior approval. All applications to the
Committee for approval of any of the foregoing shall be accompanied by plans
and specifications or such other drawings or documentation as the Committee
may require. In the event the Committee fails to approve or disapprove of an
application within thirty (30) days after the same has been submitted to it, the
Committee shall be deemed to have disapproved of the same. In all other events,
the Committee's approval shall be in writing. If no application has been made to
the Architectural Control Committee, suit to enjoin or remove any structure,
activity, use, change, alteration, or addition in violation of the prohibitions
contained in this section may be instituted at any time, and the Association or any
Owner may resort immediately to any other lawful remedy for such violation.
Section 4. Procedure. The Committee may, from time to time, adopt,
promulgate, rescind, amend, and revise rules and regulations governing procedure
15
in all matters within its jurisdiction. In the event the Board of Directors of the
Association does not constitute itself the Architectural Control Committee, then
the Board of Directors, in its discretion, may provide by resolution for appeal of
decisions of the Architectural Control Committee to the Board of Directors,
subject to such limitations and procedures as the Board deems advisable. The
Board of Directors of the Association. Or the Architectural Control Committee,
may appoint one or more persons to make preliminary review of all applications
to the Architectural Control Committee and report such applications to the
Committee with such person's recommendations for Committee action thereon.
Such preliminary review shall be subject to such regulations and limitations as the
Board of Directors or the Architectural Control Committee deems advisable.
Section 5. Developer Consent. So long as Developer is a member of the
Association, regardless of whether such membership is characterized as Class "A"
or Class "B" membership, any and all actions of the Architectural Control
Committee must have the written approval of Developer unless such approval is
waived in writing by Developer's authorized representative.
ARTICLE VII
P ARTY WALLS
Section 1. General Rules of Law to Apply. Each wall which is built as a
part of the original construction of the buildings upon the Properties 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
r'egarding party walls and. liability for property damage due to negligence or
willful acts or omissions shall apply thereto.
Section 2. Sharing of Repair and Maintenance. The cost of reasonable
repair and maintenance of a party wall shall be shared by the Owners who make
use of the wall in proportion to such use. In the event the association has taken
casualty insurance to reconstruct said wall the proceeds of such insurance shall be
used to restore said wall and the owners shall be responsible for the balance, if
any.
Section 3. Destruction by Fire or Other Casualty. If a 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 their use without prejudice, however, to the
right of any such Owners to call for a larger contribution from the others under
any rule or law regarding liability for negligent or willful acts or omissions.
Section 4. Weatherproofing. Notwithstanding any other provisions of this
Article, an Owner who by his negligent or willful act caused the party wall to be
exposed to the elements shall bear the whole cost of furnishing the necessary
protection against such elements.
16
Section 5. 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.
ARTICLE VIII
INSURANCE
Section 1. Obligation of Owners. Each Owner shall carry fire and
extended coverage insurance on his Lot in the amount of the full insurable value
(replacement value) of such Lot, and such policy or policies of insurance shall
name the Association as a co-insured to the extent its interest may appear. Within
thirty (30) days after acquiring title to a Lot, each Owner shall submit to the
Association a certificate evidencing such insurance coverage and providing that
the same cannot be cancelled without at least ten (10) days written notice to the
Association. The foregoing provisions shall be inoperative if, and only if, the
Association itself maintains such insurance on such Lot as part of a blanket or
master policy insuring all or any portion of the Properties. Such master or blanket
coverage may be maintained by the Association on any portion of the Properties,
with the written consent of the Owners of all Lots in such portion; and, in such
event, the costs of such coverage shall be specifically assessed prorata against
each Lot enjoying the benefit thereof. Such blanket or master coverage may be
maintained by the Association on all of the Properties if approved by three-fourths
(3/4) of each class of members who are voting in person or by proxy at a meeting
duly called for such purpose pursuant to notice given not less then thirty (30)
days, nor more than sixty (60) days, in advance of such meeting. In such event,
the cost of such blanket or master coverage may either be paid from general
Association funds or may be specifically assessed prorata against each Lot within
the Properties, in the discretion of the Association's Board of Directors.
Notwithstanding the foregoing, no government agency as an Owner shall be
required to carry insurance on any Lot.
Section 2. Association's Obligations. The Board of Directors shall
provide public liability insurance and casualty insurance covering the Common
Area and facilities in such amounts as may be determined at the discretion of the
Board of Directors from time to time. The Board of Directors may also provide
workmen's compensation insurance and fidelity bonds on its officers and
employees in such amounts as is determined by the Board of Directors to be
necessary or desirable from time to time.
Section 3. Destruction and Reconstruction. In the event of a partial or
total destruction of a building or buildings, the same shall be rebuilt and repaired
as soon as practicable and substantially to the same design, plan and
specifications as originally built, unless within lJ.inety (90) days of the date of the
damage or destruction all Owners agree not to rebuild or repair. On
17
reconstruction, the design, plan and specifications of any building or Lot may
vary from that of the original upon approval of the Association, provided
however, that the number of square feet of any Lot may not vary by more than
five percent (5%) from the number of square feet for such Lot as originally
constructed, and the location of the buildings shall be substantially the same as
prior to the damage or destruction. In the event any Owner fails to rebuild or
reconstruct the building which is located on his Lot pursuant to this Section, then
and in such event the Association may undertake said reconstruction or rebuilding
and levy a special assessment against such Lot for the cost thereof.
ARTICLE IX
STAGE DEVELOPMENTS AND ANNEXATION
Section 1. Annexation without Association Approval. The additional
lands described in Exhibit "C" attached hereto may be annexed, in whole or in
part, by Developer and made subject to the governing provisions of this
Declaration without the consent of the Class "A" members of the Association so
long as there is Class "B" membership. The Properties, buildings, and Owners
situated upon all or any portion of the lands described in Exhibit "C" attached
hereto shall become subject to the provisions of this Declaration upon recording
of an appropriate amendment hereto executed by Developer without the consent
of Owners. Until such an amendment is so recorded, no provisions of this
Declaration shall be effective as to all or any portion of the lands described in
Exhibit "e", nor shall this Declaration constitute a cloud, doubt, suspicion, or
encumbrance on the title to said lands.
Section 2. When Association Approval is Required. If, within five (5)
years from the date of this Declaration, an application for FHA mortgage
insurance or V A mortgage guarantees has been made and not withdrawn, and the
FHA or VA determines that Developers' detailed plan for the annexed property is
not in accordance with the general plan on file with such agency, and either
agency so advises the Association and Developer, the annexation of all or any
portion of the lands described in Exhibit "C" attached hereto must have the assent
of two-thirds (2/3) of the Class "A" members of the Association who are present
and voting in person or by proxy at a meeting duly called for such purpose,
written notice of which is to be sent to all members not less than sixty (60) days
nor more than ninety (90) days in advance of such meeting, setting forth the
purpose thereof. At this meeting, the presence of members or proxies entitled to
cast at least sixty percent (60%) of all votes of the Class A membership shall
constitute a quorum. If the required quorum is not forthcoming at such meeting,
another meeting may be called subject to the notice requirement hereinabove set
forth; and the required quorum at any such subsequent meeting shall be members
or proxies entitled to cast thirty percent (30%) of the votes of each class of
membership. No such subsequent meeting shall be held more than sixty (60) days
following the preceding meeting. Developer retains the right to apply or not to
18
apply, or to withdraw application, for either FHA mortgage insurance or VA
mortgage guarantees at any time hereafter.
Section 3. Other Annexations. Annexations of any lands other than those
described in Exhibit "C" attached hereto must have the approval of the
Association, and the FHA and V A, if applicable, and the procedures set forth in
Section 2 of this Article shall apply to such annexations. The same shall become
effective upon recording of any appropriate amendment to this Declaration,
executed by the Association and the Owners of all interests in the lands annexed.
Section 4. Effect of Annexation. When completed, any annexation
pursuant to this Article shall extend the jurisdiction, functions, duties and
membership of the Association to the real property thereby annexed; and the
Owners of the Lots within the lands described in Exhibit "A" attached hereto shall
have equal duties and equal rights in and to the Common Area in the lands
annexed with the Owners of the Lots in the annexed lands, and vice versa, except
that annual assessments shall not commence as to any Lot in the annexed lands
until the Common Area within the annexed lands have been conveyed to the
Association.
ARTICLE X
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the
right to enforce, by any proceeding at law or in equity, all restrictions, conditions,
c'ovenants, - reservations, liens and charges now or hereafter imposed by, or
pursuant to', the provisions of this Declaration; and the party enforcing the same
shall be the right to recover all costs and expenses incurred, including reasonable
attorney's fees. In the event the Association enforces the provisions hereof
against any Owner, the costs and expenses of such enforcement, including
reasonable attorney's fees, may be assessed against such Owner's Lot as a special
assessment pursuant to the provisions hereof. Failure by the Association or by
any Owner to enforce any covenant or restriction herein contained shall in no vent
be deemed a waiver of the right to do so at any time. If these restrictions are
enforced by appropriate proceedings by any such Owner or Owners, such Owner
or Owners may be reimbursed by the Association for all or any part of the costs
and expenses incurred, including reasonable attorney's fees, in the discretion of
the Board of Directors of the Association.
Section 2. Severability. Invalidation of anyone of these covenants or
restrictions by judgment or court order shall in no way effect any other provisions,
which shall remain in full force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration
shall run with and bind the land, and shall inure to the benefit of and be
enforceable by the Association, or the Owner of any Lot subject to this
19
Declaration, their respective legal representatives, heirs, successors and assigns,
for a term of twenty (20) years from the date of this Declaration is recorded, after
which time said covenants shall be automatically extended for successive periods
of ten (10) years. The covenants and restrictions of this Declaration may be
amended during the first twenty (20) year period by an instrument signed by not
less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument
signed by not less than seventy five percent (75%) of the Lot Owners, except as
provided herein for annexation. Any amendment must be properly recorded.
Section 4. FHA/V A Approval. As long as there is a Class B membership,
the following actions will require the prior approval of the Federal Housing
Administration or the Veterans Administration if application for FHA mortgage
insurance or VA mortgage guarantees has been made and not withdrawn:
Annexation or additional Properties; dedication of Common Area, and
amendment of this Declaration.
Section 5. Effect of Recording. Any Lot situated within the real property
described in Exhibit "A" attached hereto shall be deemed to be "subject to
assessment" as such term is used in this Declaration, or in the Association's
Articles oflncorporation or By-Laws, upon recording of this Declaration; and any
Lot annexed pursuant to the provisions hereof shall be deemed "subject to
assessment" upon recording of the Amendment to this Declaration annexing the
same.
Section 6. Dedications. In the event any portion of the Common Area is
dedicated for use by any public agency, or franchisee thereof, for the purpose of
installing utility facilities servicing the Properties in, over, upon, or under the
Common Area, then the provisions of this Declaration shall be inoperative to the
extent that they conflict with the'terms of such dedication. Each person or entity
owning any utility installations in, over, upon, or under the Common Area is
hereby granted a right of access over, across, and through the Common Area for
the purpose of maintaining, repairing, and replacing the same. Subject to the
requirements of Article II, Section 1, of this Declaration, the Association may
dedicate all streets and roads on the Common Area to public use and, upon
acceptance of such dedication by the public agency having jurisdiction of the
same, the terms and provisions of this Declaration shall not apply to the areas so
dedicated to the extent that the provisions of this Declaration are inconsistent with
such dedication.
IN WITNESS WHEREOF, the Developer has caused this instrument to
be duly executed the day and year first above written.
(Corporate Seal)
20
Witness:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 2000 by
, on behalf of the corporation.
President of
Notary Public
My Commission Expires:
21
ATTACHMENTB
Special Meeting
November 2,2000
City Manager Regular Agenda "An
COMMISSION AGENDA
ITEM A
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
11/02/00
Meeting
MGR. IDEPT
Authorization
REQUEST: City Manager requesting the Commission to increase the
rehabilitation loan to Wyman Fields Foundation $71,202 from $782,071 to $853,273; to
advance Wyman Fields $56,382 due from Seminole County; to increase the city's
second mortgage $127,584, the full amount of the increased loan; to authorize the
City Attorney to prepare the appropriate documents; and to authorize the City
Manager to execute said loan documents.
CONSIDERATION:
Increase in Rehabilitation Loan:
1. Wyman Fields Foundation has entered into an agreement to rehabilitate and sale
52 rental units located on Kristi Ann Court and Rhoden Lane.
2. The City agreed to loan the Foundation $782,071 to rehabilitate the 52 units.
Seminole County agreed to grant $142,929 to rehab units on Rhoden Lane
bringing the total rehabilitation cost to $925, 000.
3. Change orders in the amount of $71 ,202 will be required over and above the
original contract amount to complete the project raising. the project cost to
$996,202.
Advance County Funds:
Of the grant proposed by Seminole County to Wyman Fields Foundation $56,382
will not be payable until the units are occupied.
Wyman Fields is requesting the City to advance the $56,382 to them for cash flow
purposes. The funds will be paid back immediately upon Rhoden Lane units being
occupied. It is anticipated that 10 units will be occupied June, 2001 and the other 10
units by November 2001.
Special Meeting
November 2, 2000
City Manager Regular Agenda "A"
Since the city's second mortgage is subordinate to Peoples Community Bank's first
mortgage, the city should require that Wyman Fields Foundation is current with
Peoples Community Bank in order for the city to increase its loan to the Foundation.
To date exterior work on 52 units has been completed. Interior works on 35 units
have been completed leaving interior work on 17 units to be completed.
As of November 1,2000 16 units are under contract. Under the agent Performa it
was anticipated that 15 units would be under contract by December 31, 2000
demonstrating that sales activity is slightly ahead of schedule, Seven (l) closings are
scheduled for December returning $132,461 of the City's loan to the City,
Wyman Fields is bringing additional capital to the project from the sale of 2 four-
plexes on Lori Anne Lane. Closing on this sale should occur within the next week.
Discussions with Peoples Bank has revealed that the bank believes the project is
fInancially sound and the project is capable of absorbing the additional loans with
out jeopardizing the bank fIrst mortgage or the city's second mortgage.
FUNDING: Funding will be provided from the 1999 Revenue Bank Bond,
RECOMMENDATION: Contingent upon Wyman Fields being current with its mortgage
obligations with Peoples Community Bank it is recommended that the City Commission
take the following action:
1. Approve increasing the rehabilitation loan to Wyman Fields Foundation from
$782,071 to $853,273.
2. Approve a temporary advance loan of $56,000 to Wyman Fields Foundation
repayable from County Rehabilitation Grants upon the Rhoden Lane units being
occupied,
3. Authorize the city's second mortgage to be increased $127,584, the full amount
of the increased loan.
4. Authorize the City Attorney to prepare the appropriate documents.
5. Authorize the City Manager to execute the documents on behalf of the
Commission.
ATTACHMENTS:
1. Wyman Fields letter of October 16, 2000.
2. Fidelity Mortgage Services Inc. November 2, 2000 Mortgage Commitment on
purchase of Lori Anne Lane units.
COMMISSION ACTION:
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING
NOVEMBER 2, 2000
I. CALL TO ORDER
The Special Meeting of November 2, 2000 of the City Commission was called to order
by Deputy Mayor Cindy Gennell at 4:05 p.m. in the Commission Chambers of the
Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida
32708).
ROLL CALL:
Mayor Paul P. Partyka, absent
Deputy Mayor Cindy Gennell, present
Commissioner Robert S. Miller, present
Commissioner Michael S. Blake, present
Commissioner Edward Martinez, Jr., absent
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, present
City Attorney Anthony A. Garganese, present
II. REGULAR
REGULAR
A. City Manager
Requests The City Commission Discuss The Wyman Fields Contract And Take
Appropriate Action.
(This Agenda Item Was Scheduled To Be Discussed At The October 30, 2000 Special
Meeting, But Was Postponed To This Special Meeting.)
Mr. Ronald W. McLemore, City Manager introduced this issue tothe Commission.
Discussion.
Ms. Candice Birle of the Wyman' Fields Foundation: addressed the Commission.
Commissioner Miller asked, "On Rhoden Lane, the parking lot, is it going to remain the
way it is, or is something going to happen to that? Ms. Bide replied that "No, the City of
Winter Springs entered into a contract with Seminole County for CDBG funds, which is
completely separate from this, to completely re-do that as a public street." Commissioner
Miller further inquired, "It's going to be done before this segment is finished? Okay. So
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - NOVEMBER 2, 2000
PAGE 2 OF 4
the flooding problem there is not going to reoccur?" Ms. Birle stated, "The plans for the
street include drainage from the street down to the retention - and all that is included in
the street."
Commissioner Miller further stated, ''The only other comment that I have, is in the future
times when we meet on this, I'd like to see a map, maybe City Staff could provide it -
which lays out where the work is actually going on right now."
Mr. Jason Howard, Sales Manager: gave the Commission an update on this project's
sales.
Commissioner Michael S. Blake stated, "Ron, you and I had a discussion about some
potential benefits that could be added to the project on the back end, in consideration for
us accepting this additional risk, if we were to. Have you followed up on that at all?"
Manager McLemore replied, "We have had some discussions on that and I confirmed
with you that out of the profits that - we already have Board approval I believe, isn't that
right Candice, from your Board - to make additional improvements to Kristi Ann and
Rhoden, in the form of a landscaped wall, across the front." Manager McLemore added,
"Plus, we talked today about them putting up, ten percent (10%) of their end profit to go
back into the revolving loan fund - the cash contribution above the payment schedule."
Ms. Birle explained, "As a non-profit, we do that anyhow, in other words when we have
gained any type of profit, it must go back into the project in order for it to remain true to
the purpose, and keep our non profit status. So, all of the profits that we would gain from
the project would go back into either this project or Phase II project." Ms. Bide added,
"So releasing ten percent (10%) of that back to the City to put back into the pool fund to
ensure that this community could have invested dollars, you know, sitting there to re-
invest in rehab or whatever, in that community, that's no problem."
Commissioner Blake further inquired, "Would those dollars be City dollars or would they
be dollars of the foundation eannarked for..." Manager McLemore added, "He's asking
- is that the original loan amount principal that we gave you, or is that - indeed from
your profits?"
Ms. Birle stated, "Yes, from our profits. It's ten percent (10%) over and above... we are
anticipating receiving revenues and profits at the end of this, as we get into selling out the
remaining units."
Commissioner Blake added, "When all is said and done, at the end of the game, then I've
heard numbers batted around anywhere from $350,000 to $450,000 dollars. But, what
you're suggesting is the foundation would take ten percent (10%) of whatever that
number ended up being and then that number would be set aside. Now my question is, is
it set aside in the City, do you give that to the City, then we put that in a special trust
fund, to be utilized for rehab... where is the control?"
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - NOVEMBER 2, 2000
PAGE30F4
Ms. Birle added, "We would want to stipulate that it would go back into some type of
loan fund for the community."
Commissioner Blake also stated, "As I understand it, you would agree to construct a
landscaped feature, perhaps a wall, not necessarily a six (6) foot wall, but a landscaped -
type of separation."
Ms. Birle explained, "Actually, we were looking at that all the way through this, that we
needed to do this. There just wasn't money in anyone's budget to do that - as part of the
rehab budget. But, our Board of Directors approved that way in the beginning that -
subdivision - what we call a subdivision wall, it would probably be a brick column with
wrought ironlbrick - or some type like that. We don't want to wall off the community.
But it definitely needs a wall of some sort. That has always been in our plan to utilize
some of our profits for that. "
Discussion.
"I MAKE A MOTION THAT WE DO APPROVE ITEM 'A' AND THAT UNDER
THE RECOMMENDATIONS THAT 1 THROUGH 5 THAT HAS BEEN LAID
OUT IN OUR PACKET FOR US TODAY." MOTION BY COMMISSIONER
McLEOD.
IT WAS SUGGESTED THAT THE FOLLOWING CONSIDERATION, "THAT
THIS IS ALL CONTINGENT UPON PEOPLE'S BANK BEING BROUGHT
CURRENT" BE ADDED TO THE MOTION. COMMISSIONER McLEOD
AGREED, AND STATED, "YES, THE FACT THAT PEOPLE'S BANK IS TO BE
BROUGHT UP CURRENT WITH THE SALE OF THE OTHER UNITS, AND I
BELIEVE THOSE UNITS WERE - LORI ANNE LANE. SECONDED.
DISCUSSION.
COMMISSIONER BLAKE ADDED, "AND THE MOTION IS SUBJECT TO
PEOPLE'S BEING - BROUGHT UP CURRENT." MANAGER McLEMORE
ALSO STATED, "I PROBABLY SHOULD ADD THOSE OTHER TWO
PROVISIONS OF THE TEN PERCENT (10%) AND THE ADDITIONAL
FENCING OR ARCHITECTURAL FENCING."
COMMISSIONER BLAKE THEN STATED, "I'LL MAKE A MOTION TO
AMEND THE MOTION . TO INCLUDE THE PROVISIONS OF THE
ENHANCED LANDSCAPED WALL AND A REMITTANCE OF TEN PERCENT
(10%) OF THE FINAL PROJECT PROFITS TO A SPECIAL FUND OF THE
CITY OF WINTER SPRINGS THAT WOULD BE SET ASIDE AND USED FOR
A FUTURE REHAB PROJECT. AND, THIRDLY, TO REQUIRE THE
PAYMENT TO BRING PEOPLE'S FIRST BANK CURRENT AT THE TIME OF
THE ISSUANCE OF ADDITIONAL FUNDS FROM THE CITY TO THE
PROJECT." SECONDED. DISCUSSION.
CITY OF WINTER SPRlNGS
MlNUTES
CITY COMMISSION
SPECIAL MEETING - NOVEMBER 2, 2000
PAGE40F4
Tape IISide B
Ms. Birle inquired, "If there is anyway we could get everything done so that the minute
we close, the check is - in his hands." Manager McLemore stated, yes, we will be
working on the documents, with the understanding that we'll probably close the first of
the week. I can't guarantee the document will be complete by the first of the week."
VOTE: (ON AMENDMENT)
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
VOTE: (ON MAIN MOTION)
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
ill. ADJOURNMENT
"MOTION TO ADJOURN." MOTION BY COMMISSIONER MILLER.
SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
Deputy Mayor Gennell adjourned the Special Meeting at approximately 4:55 p.m.
Respectfully submitted:
Andrea Lorenzo-Luaces
City Clerk
APPROVED:
PAULP. PARTYKA, MAYOR
NOTE: These minutes were approved at the
, 2000 City Commission Meeting.
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A REPLAT OF PINEWOOD TERRACE, PLAT BOOK 29, PAGE 36,
SECTION 3, TOWNSHIP 21 SOUTH, RANGE 30 EAST
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA
PAGE 1 OF 1
LEGAL DESCRIPTION:
THAT PART OF LOTS 52 AND 53, BLOCK 0, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNlY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE INTERSECTION OF THE EAST RIGHT OF WAY OF MOSS ROAD WITH THE SOUTH RIGHT OF WAY OF STATE ROAD 434 (LONGWOOD-
OVIEDO ROAD) SAID POINT LOCATED 50 FEET SOUTH OF THE CENTERLINE OF STATE ROAD 434, THENCE SOUTH 239.86 FEET FOR THE POINT OF BEGINNING; THENCE EAST 350.00 FEET,
THENCE SOUTH 450.00 FEET, THENCE WEST 350.00 FEET TO THE AFOREMENTIONED EAST RIGHT OF WAY LINE; THENCE NORTH 450.00 FEET ALONG SAID EAST RIGHT OF LINE
LINE TO THE POINT OF BEGINNING, CONTAINING THEREIN 3.616 ACRES :t.
LONG WOOD-OVIEDO ROAD
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DRAINAGE AND RETENTION EASEMENT
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7.e' U.E. 131.06'
216,94'
WEST (S90.00'OO"W)
fOUND 4. CONCRETE MONUMENT
NO 1.0.
350.00'
FOUND 4" CONCRETE MONUMENT
NO 1.0.
D. R. Mitchells survey of the Levy Grant, Plot Book 1, Pg 5.
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VICINITY MAP
NOT TO SCALE
LONGWOOD-O~EDO RO
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GARDEN DRIVE
Set 1 (,2" Iron Rod #5238
= Set 4' Conc Monument #5238
Permanent Reference Monument
Found 4" Concrete Monument
Permanent Reference Monument
Set Nail & Disk #5238
= Fd 'X' CUT
Delta
Radius
Length
Point of Curvature
Point of Tangency
Chord
Chord Bearing
= Centerline
Point of Beginning
Point of Commencement
= Right of Way
Professional Surveyor & Mapper
Official Records
Utility Easement, width os specified
Drainage Easement, width os specified
Easement, purpose os specified
NOTES:
1 - Bearings assume easterly Right of Way line of Moss
Rood os North (NO.OO'OO"E),
RADIUS
25.00
125.00
125.00'
50.00'
50.00
50.00
50.00
50.00
50.00
50,00
75.00
25.00
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2 - Vehiculor Access Rights to Moss Rood from Troct "A"
areas Dedicated to the City of Winter Springs.
.3 - Easements are as shown hereon and utility
easements sholl also be for the installation, maintenance
and operation of cable television services provided said
coble services do not interfere with the dedications and
purpose of this plot.
4 - An Easement for emergency maintenance is granted
on Tract "B", to the City of Winter Springs.
5 - Easement geometry is parallel and concentric unless
otherwise noted.
6 - Tract "C' areas shall be access easement for
Individual lots within each Block 01 approved by the
Homeowners' Association,
NOTICE:
This plot, os recorded in it's graphic form, is the officio I depiction of the
subdivided lands herein described and sholl in no circumstance be
supplanted in authority by any other graphic or digital form of the plot.
There may be additional restrictions that ore not recorded on this Plot that
may be found in the Public Records of this County.
LENGTH
.39.27
64.33
.33.85
15.92
54.58'
2.3.26
53.75
26.81
35.12
52,.36
58.g{)'
39,27
CHORD
.35..36
63.62
33.75
15.85
51.91
2.3.05
51.20
26.49
.34.41
50.00
57.40
35,36
BEARING
S45000 00 W
N75'15 26 E
N52045 22 E
N.3505244 'E
N04030 59 W
N49.070.3 W
S86'46 08 W
S40036 46 W
S05007 .30 W
N 15'00 00 E
N67"30 00 E
545'00. 00 E
DELTA
90000 00
29029 07
15'31 00'
18014' 33 '
62.32 52'
26".3857
61.3536
30' 43 08
40. 1 5 00
60'0000
45'00 00
90'00 00
CURVE
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
C12
PLAT BOOK
PAGE
MOSS COVE
DEDICATION
KNOW ALL MEN BY THESE PRESENTS, That the corporation named
below being the owner in fee simple of the lands described
in the forecaption to this plot. hereby dedicotes said lands
and plot for the uses and purposes therein and Dedicates the
Eosements and Right of Ways shown hereon, to the Public and
Dedicates Tracts "AN . "B" & "c" to the Homeowners Association.
IN WITNESS WHEREOF, has caused there presents to be signed
and attested to by the officers named below and its Corporate
seal to be affixed hereto on
Wyman Fields Foundation, Inc.
Signed and sealed in the presence of:
STATE OF FLORIDA COUNlY OF SEMINOLE
THIS IS TO CERTIFY, thot on 2000
before me, on officer duly authorized to toke
acknowledgments in the State and County aforesaid,
personally appeared
respectively
and of the above named Corporation
incorporated under the laws of the State of Florida, is personally
known to me (or has produced the following identification .
j
and did (did not) take on oath that they ore the persons
described in and who executed the foregoing dedicotion ond
severally acknowledge the execution thereof to be their free
oct and deed os such officer thereunto duly authorized; that
the official seal of said Corporation is duly affixed thereto: and
that the said Dedication is the act and deed of said Corporation.
IN WITNESS WHEREOF, I have hereto set my hand and seal on
the above dote.
NOTARY PUBLIC
My Commission Expires
JOINDER AND CONSENT TO DEDICATION
THE UNDERSIGNED HEREBY CERTIFIES that the Mortgagee(s) consents
and agrees to the replotting of the lands embraced in this plot and
to the dedication(s) shown herein; and further, should it become
neccessary to foreclose the mortgage covering the property, that 011
pieces and parcels dedicated to the public will be excluded from
the suit and the dedications will shall remain in full force ond
effect.
Peoples First Community Bank
witness
print nome
witness
mortgagee
print name/title
print nome
The foregoing instrument was acknowledged before me this ___
day of _____, 2000 for ___________________________
By __________________1 a _____________ Corporation on
behalf of the corporation.
He/She personally known to me or has produced _________ os
identification and did not take on oath,
Notary Public
--------------
print nome
affix seal
CE8TltIC~I~. OF PR~PARING. ;>UgVEYOB
This Plot WOB prepared under my resposible direction and supervision
ond complies with ,all survey requirements of Chapter 177, Florida
Statutes, and laid Plot lies wholly within the boundaries of the City
of Winter Springs.
L. Beale Smith. PSM
Date: Registration No. 5238
BEAlE SMITH ASSOCIATES, INC. LB/6608
113 CONCORD DRIVE, SUITE A, CASSELBERRY FLORIDA J2707
P,O, BOX 151633, AL TAMONTE SPRINGS, FLORIDA 32715-1633
PHONE: 407-331-5577 FAX: 407-331-9186."
CERTIFICATE OF REVIEW BY .'~t,\, \1
CITY SURVEYOR .'_;~ '~.t~. ~.i.,:;
This plot has been reviewed for conformity with St'l6Pi~~,~1t'i~
Florida Statutes. :~A'" " >\lf1.~~
tv ,..,' ~ · f '1; ,'t,~
I~ r/ 'I?
Oat
BY MUNICIP
-',
THIS IS TO CERTIFY, that on the
City Commission of the City of Winter Springs. Floirda approved
the foregoing plat.
Mayor
Attest:
Clerk
QERTIFICATE OF CLERK OF THE CIRCUIT COURT
I HEREBY CERTIFY, that I hove examined the foregoing plot ond
find that it complies in form with 011 the requirements of
Chapter 177, Florida Statutes, and was filed for record on
at
File No.
Clerk of the Circuit Court
in ond for Seminole County, Florida
BY
D.C.