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HomeMy WebLinkAbout2001 04 09 Consent B NEW Moss Place Project COMMISSION AGENDA ITEM B Consent xx Information Public Hearing Regular April 9, 2001 Meeting MGR.~ ffi~ REQUEST: Community Development Depattment, Land Development Division, requests that the Commission approve the recordation of the plat and covenants for Moss Place and accept the improvements (street and easements) for City ownership and maintenance in this project. FUlther, it is also requested that the Commission approve the recordation of the covenants for Moss Cove. PURPOSE: The purpose of this agenda item is to record the plat and covenants, and accept the improvements (street and easements) for City ownership and maintenance in the project known as Moss Place. Moss Place is located on Moss Road North, across from the Fire Station. Further, it also is to record the covenants for Moss Cove located off Moss Road South. APPLICABLE CODE: Code Section 9-75. Final Plat, contents and recording procedures. (a) The [mal plat shall conform substantially to the approved prelimmary 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 ftrst sheet. (2) The [mal plat shall show streets, lot, blocks and easements indicating the centerline, width and sidelines of all easements. (3) Surveys and surveying data on the [mal 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. April 9, 2001 CONSENT AGENDA ITEM B Page 2 ( 4) Mortgage holders shall execute before two (2) witnesses and a notary publicthe following certification on plats: "The mortgagee(s) consents and agrees to the platting of lands embraced in this plat and to the dedication( s) shown herein; and further, should it become necessary to foreclose the mortgage covering the property, that all pieces and parcels dedicated to the public will be excluded from the suit and the dedication shall remain in full force and effect. " (5) A dedication to the public by the owners of all roads, streets, alleys, easements and other rights-of-way, however designated, shown on the plan for the perpetual use of all public purposes. (b) Three (3) copies of aU protective or restrictive covenants to be recorded shall be submitted with the fmal plat. (c) A letter from an acceptable abstractor shall certifY the following: (1) That the parties executing the plats are the owners of the land included therein. (2) All recorded mortgages, liens and other encumbrances. (3) That taxes and assessments have been paid to date ( 4) That the description shown on the plat is correct. (d) An appropriate bond submitted in accordance with the bonding procedures set forth in section 9-76 shall be required for aU developments within which improvements are to be dedicated to the public. Code Section 9-76. Bonding procedures. (b ) Maintenance bonds. When requesting to record a plat for which the improvements have been installed, inspected and approved by the city engineer and when the city is being asked to accept such improvements, the subdivider shall provide a maintenance bond payable to the city guaranteeing the performance of required and installed improvements for two (2) years after the date of completion and acceptance by the city, executed and enforceable in the same manner as the corporate or surety completion bond. The bond shall be in the amount often (10) percent of the estimated construction cost of all improvements to owned and maintained by the city. As an alternative to the provision of a corporate or surety bond, the subdivider may provide the deposit of equivalent cash in an escrow account with the city, or a letter of credit drawn on an approved institution, drawn in a form approved by the city attorney. April 9, 2001 CONSENT AGENDA ITEM B April 9, 2001 CONSENT AGENDA ITEM B Page 3 Section 9-77. Approval of final plat. The city commission may approve the final plat, considering any applicable agency reports, if the plan is in substantial conformity with the approved preliminary plans and it complies with regulations established by this chapter. Action by the city commission may be taken expeditiously, but not to exceed thirty (30) days after receipt of the fmal plat and supporting data by the city unless delay is requested or caused by the applicant. If the commission certifies that the development has met all requirements hereof, the plat shall be endorsed as fmally approved by the mayor and attested by the city clerk in order that the same may be recorded among the public records of the county. Section 9-78. Recording/distribution ofthe final plat. Upon completion of all approved action, the city planner shall be responsible for ensuring that the original linen is signed and sealed, and the plan and deed restrictions, if any, are delivered to the appropriate authority for recording. The developer shall submit to the city the recording fee as specified in the current fee schedule. . FINDINGS: 1) The City approved the acceptance of Rhoden Lane on July 10, 2000. 2) Moss Cove was approved for plat recordation on December 20, 2000 with the covenants to be plated at a later date. 3) Moss Place will be a townhouse subdivision and individual units will be owned fee simple. 4) The City's third party surveyor has reviewed the plant and found it to be in compliance with the requirements of Chapter 177, Florida Statutes. 5) The Engineering Inspector has detennined that a maintenance bond in the amount of $7,456.50 be issued for this project. A maintenance bond in that amount has been issued. 6) The Engineering Inspector found the project to be in conformance with the approved engineering plans on March 23, 2001.' April 9, 2001 Apri19,2001 CONSENT AGENDA ITEM B Page 4 RECOMMENDATION: Staff recommends that the City Commission approve the recordation of the Moss Place plat and covenants and to also approve the recordation of the Moss Cove covenenats. ATTACHMENTS: A - Land Development Coordinator Memo to the City Attorney (with attachments) dated March 28, 2001 COMMISSION ACTION: ATTACHMENT A March 28,2001 To: Anthony Garganese, City Attorney ~ From: Don LeBlanc, Land Development Coordinator Re: Legal Review of Moss Place Documents Legal Review of Moss Cove Covenants Attached for your legal review are the above referenced: 1) Moss Place Plat - appears to be correct 2) Moss Place Covenants - not included at this time, but will be the same as Moss Cove covenants. This is supposed to be delivered to the City at the close of business today. 3) Proposed Maintenance Bond - appears to be correct, but a rider will have to be provided changing the effective dates from March 12,2001 to March 12,2003 to April 9, 2001 to April 9, 2003. See attached letter from Engineering Inspector verifying bond amount. 4) Title Opinion - appears to be correct 5) Moss Cove Covenants - appears to be correct TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA RIDER To be attached to and form a part of Type of Bond: MAINTENANCE Bond No. 103512345 executed by Esterson Construction Company Inc., , as Principal, and by Travelers Casualty and Surety Company of America . as Surety, in favor of City of Winter SprinQs, Florida and dated March 12, 2001 In consideration of the premium charged for the referenced bond, it is hereby agreed to change: Maintenance Period From: March 12,2001 through March 12,2003 To: April 9, 2001 through April 9, 2003 The attached bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. This rider is effective April 2, 2001 Signed and Sealed April 2, 2001 Principal By: ru:s I r:>lCN~ Title co~p."i9Il.m'!iC. , "Ud;! /' tJtcrney-in-Fact ( By: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS N aperville, Illinois 60563-8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORlTY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,"TRJ).VELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly o.rg~J1ized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hattford,' State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the Cityof Naperville, County of DuPage, State .of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: J. W. Guignard, Bryce R. Guignard, M. Gary Francis, April L. Lively or Deidre Eickstaedt * * of Longwood, FL, their true and lawful Altorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be tilled in, within the area there designated the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other \vTItings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in wri ting and a copy thereof is filed in the office of the Secretary. . VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when ea) signed by the President, any Vice Chairman, any Execu~ive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. (nis Power of Attorney and Certificate of Authority is signed and scaled by facsimile under and by authority of the following :::t"mfing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMli'lH("A. TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and li<AVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full forcc and effcct: , '-'. ....i...;, That the signature of each of the following otlicers: President, any Executive Vice President, any Senior Vice President, any Vice ., '. any Assistant Vice Prekident, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any 'OW"" of altolllty 01 lu 'illY l;c::ilili(;alc:: relaling thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for 1111 :_In~r-." 1-III~j ul c.'c~uiill~ dllU iliic:)"iub LUllJ~ dUU UIlJt:lli1k~(lg5 (1(u:1 other \~idiif1gs obligatocj in the nature; thereuf, and any such po\ver of attorney (;tilili(;ilte veill ing such fa(;silnik signaturt 01 facsicnilc seal shall be valid and binding upon t....K Company and any such power so executed and r, ;;;;r.: :_,)' >ul"i, facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or . _ _ .. _ _1.. . J - - 0 "-' ..111"".' .. OJ ............""............ IN WlTNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERJCA, TP_^-vEU'::c CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY ,.~:= SURETY COMPANY OF ILLINOIS have causcd this instrumcnt to be signed by their Senior Vice President, elllU ilIt;il '_'_"l-u,,,,;, seals to be hereto affixed this 23 rd day of December, ] 999. STATE OF CONNECTICUT } 55. Hartford COUNTY OF HARTFORD TRA VELERS CASUALTY AND SURETY COMPANY OF AMERlCA TRA VELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY TRA VELERS CASUALTY AND SURETY COMPANY OF ILLINOIS f,:"i#"'Cla'",~ /. ~"o SIJR(/~ '~'-:';:'t. !~f - ~ J '~HARTFORo.' 'S i ~; CONN. /!i!j ~, ....t~ .''i>.. -'~-(l.;o~ ~.",..tP ~~- - By George W. Thompson Senior Vice President On this 23rd day of December, 1999 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERJCA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRA VELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. 'r<\. ~ c,~ My commission expires June 30, 2001 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 2ND day of APRIL ,2001 . ilIJ'l1loI4Ju-" ~ ~\lQ SUJl(r~ ;rY-,,"t., t J. HARTi'Ollo, i ~ 1 ~ \: CON,'I. I 'l ~.."-'~~\~~ :../ ~-rK,,;fl- By ~ Kori M. Johanson Assistant Secretary, Bond r. MAINTENANCE BOND Bond No.: 103512345 KNOW ALL MEN BY THESE PRESENTS that we, Esterson Construction Company Inc., hereinafter referred to as "Principal" and Travelers Casualty and Snrety Company of America, hereinafter referred to as "Surety", are held and firmly bound unto City of Winter Springs, Florida, hereinafter referred to as the "Obligee", in the sum of Seven Thonsand Fonr Hundred Fifty Six Dollars and 50/100 ($7,456.50) Dollars, for the payment of which we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is required to guarantee the Storm Drainage and Asphalt Paving on Rhoden Lane against defects in materials or workmanship which may develop during a period of2 Year(s) from March 12,2001 to March 12,2003. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good, at its own expense, any and all defects in materials or workmanship, in said work, which may develop during the period, or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. SIGNED, SEALED AND DATED this 12th day of March, 2001. Esterson Construction Company Inc. (Principal) (Seal) Travelers Casualty and Surety Company of America (Surety (Seal) BY:~~ ...l. B .'~ if L. Lively, Attorney in %ct & FI rida Licensed Resident Agent Inquiries: (407) 834-0022 . TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRA VELERS CASUALTY A.ND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLL"'OIS Naperville, Illinois 60563-8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PE,RSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,,:I:RAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporation~ duly' organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County'o{ Hart!~i4.; State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation dul)"organized under the laws of the State of Illinois, and having its principal office in the Cityof Naperville, County of DuPage, State':~f--illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute'anda'ppoint: J. W. Guignard, Bryce R Guignard, M. Gary Francis, April L. Lively or Deidre Eickstaedt * * of Lorigwood, FL, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by hisfher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all thc acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, 'contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or iUlY Assistant Secretary and duly attested and sealed with tile Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Powcr of Attorncy and Certificate of Authority is signcd and seal cd by facsimile under and by authority of the following Standing Rcsolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SUIq<:TY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and cffect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President. any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached, (X-'i7) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERJCA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS have caused this inslrumcntlo be signed by their Senior Vice President, and their corporate scals 10 bc hercto affixcd this 23rd day of December, 1999. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRA YELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY TRA YELERS CASUALTY AND SURETY COMPANY OF ILLINOIS } SS. Hartford COUNTY OF HARTFORD "Pelt'lI"", M~"'o.SIJJ1(r~('. I$Y~~ g J ( tWlTi'ORo,) s ~ ~'S ~ CO/'I:I. I i:1 ~ '--'~"~~"'~~ " . 'f'l+~' ,~..,..,., ~~ ~ - By George W. Thompson Senior Vice President On this 23rd day of December, 1999 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERlCA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of hislher office under the Standing Resolutions thereof. 'fY\ ~ ~~ My commission expires June 3D, 2001 Notary Public Marie C. Tetreault CERTIFICA TE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERJCA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. . Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 12TH day of MARCH 2001 . .pua~u,... 4~"'oS~J/('~ ~!fr;:::~\ l' ~ ~ CO/'I:I. Ii:I ~....-...<~~~ ,:~ ~-M-~ By Kori M. Johanson Assistant Secretary, Bond CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 March 12,2001 TO: Donald LeBlanc Land Development Coordinator FROM: Zynka P. Perez Engineering Inspecto SUBJECT: Rhoden Lane Improvements Proiect Maintenance Bond The construction costs for the Rhoden Lane Improvements Project is $74,565.00. This was verified correct by Thomas Skelton, P.E., engineer of subject project. It is recommended that ten (10%) percent of this amount or $7,456.50 be used as the figure for the maintenance bond. If you have any questions, please let me know. cc: Public W o rkslUtility Director City Engineer / Stonnwater Utility Manager CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 March 23, 2001 TO: Charles Carrington Community Development Director FROM: Zynka P. Perez Engineering Insp SUBJECT: Rhoden Lane Improvements Project I have received the "as-built" survey and the engineer's letter of certification referenced to the above subject dated March 21, 2001. I reviewed the "as-built" survey and found them in conformance to the approved engineering plans. Also, today I re- inspected the site and the deficiency list noted in your memorandum dated March 12, 2001, have been corrected and completed. I recommend Rhoden Lane Improvements for final acceptance. If you have any questions, please let me know. cc: Public Works/Utility Director City Engineer / Stormwater Utility Manager vLand Development Coordinator OPINION OF TITLE FOR WYMAN FIELDS FOUNDATION ATTENTION: CITY OF WINTER SPRINGS RE: Parcel located in D.R. MITCHELL'S Survey of the Moses E. Levy Grant as recorded in Plat Book 1, page 5, of the Public Records of Seminole County, Florida and described as follows: Commence at the intersection of the East right-of-way line of Moss Road with the centerline of Longwood-Oviedo Road as shown on the Plat of North Orlando, Plat Book 12, Pages 10 and 11, Public Records of Seminole County, Florida; thence run North 06 degrees 55' 33" West along the East right-of-way line of said Moss Road, 532.84 feet to the Point of Curvature of a curve, concave Easterly, having a radius of 676.78 feet; thence Northeasterly 301.32 feet along the arc of said curve thru a central angle of 25 degrees 30'34" to a point on said curve for the Point of Beginning; thence from a tangent bearing of North 18 degrees 35'01" East continue 77.21 feet along the arc of the aforesaid curve thru a central angle of 06 degrees 32' 11" to the point of tangency thereof; thence North 25 degrees 07' 12" East 124.01 feet; thence South 72 degrees 08'34" East, 426.06 feet; thence South 17 degrees 53'26" West, 200.00 feet; thence North 72 degrees 06' 34" West, feet to the Point of Beginning. Dear Ms. 'Birle: Pursuant to your request, I have examined Title Report Number 17-2000-2150, prepared by Attorneys Title Insurance Fund covering the period from the earliest base of title thirty (30) years from present, to October 11th, 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 descr ibed 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; ( i i) the character, dimens ions 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 publ ic records wi thin 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. - 2 - " 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 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, Limi tation on future advance recorded in o. R. Book 3852, Page 1864, all in 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. Any lien or claim of lien for services, labor or materials which may take priority over the estate of interest insured by reason of that certain Notice of Commencement recorded April 18, 2000, under o. R. Book 3852, Page 1878, of the Public Records of Seminole County, Florida. 15. Distribution Easement in favor of Florida Power Corporation, contained in instrument recorded April 29, 1987, O.R. Book 1842, Page 1771, Public Records of Seminole County, Florida. 16. The following matters shown on Survey prepared by Beale Smith Associates, Inc., dated June 18, 1999, under Survey No. 16971-1. (As to Parcel 12G) a. Drainage ditch on North. b. Fence encroachment along the Northerly lot line. - 3 - .~ 17. The following matters shown on Survey prepared by Beale Smith Associates, Inc., dated June 18, 1999 under Survey No. 16971-2. (As to Parcel 12K) a. Drainage ditch on North. b. Fence encroachment along the Northerly line. c. Underground Electrical Utilities on Easterly line. 18. The following matter shown on Survey prepared by Beale Smith Associates, Inc., dated June 18, 1999, under Survey No. 16971-3. (As to Parcel 12L) a. Drainage ditch on North. b. Fence encroachment along the Northerly line. c. Underground Electrical Utilities on Westerly line. 19. The following matters shown on Survey prepared by Beale Smith Associates, Inc. dated June 18, 1999 under Survey No. 16971-4. (As to Parcel 12M) a. Drainage ditch and swale on the North and East. b. Fence encroachment along the Northerly line. c. Underground Electrical Utilities on Easterly line. 20. The following matters shown on Survey prepared by Beale Smith Associates, Inc., dated June 18, 1999 under Survey No. 16971-5. (As to Parcel 12N) a. Fence encroachment along lines. b. Parking area encroachment South. the Northerly and Easterly Respectfully submitted this A.D., 2000. onto adj oining JlJL day property on of November, . M SS Y, ESQ IRE GARY E. MASSEY, P. . One Douglas Place 100 West Citrus Street Altamonte Springs, FL 32714-2502 (407) 772-0900 Florida Bar No.: 138054 Examining Counsel - 4 - This document prepared by: GARY E. MASSEY, ESQUIRE Law Offices of Gary E. Massey, P.A. 100 West Citrus Street Altamonte Springs, FlOlida 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 011 the date hereinafter set forth by WYMAN FIELDS FOUNDATION INe. (hereinafter referred to as "Declarant") with the principal mailing address of WITNESSETH: 'WHEREAS, Declarant is the record owner in fee simple o(certain real property' . located in Seminole County, Florida, which land has been platted and which plat is recorded in Plat Book 54, Page 85, of the Public Records of Seminole County, Florida. \VHEREAS, the above property was initially platted as Pine Terrace as reco~ded 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, Florida, which could be amended by 90 percent of the property owners; and \VHEREAS, 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 Pinewood Terrace to Moss Cove; and \VHEREAS, Declarant desires to develop the property as a subdivision known as "MOSS COVE"; and \VHEREAS, 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 \VHEREAS, 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 \VHEREAS, Declarant has incorporated under the laws of the State of Florida, a non-profit corporation called MOSS COVE HOMEOWNERS ASSOCIATION, INC., (hereinafter referred to as the "Association"), for the purposes of exercising the functions aforesaid; NO\V 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 I. "Association" shall mean and refer to MOSS COVE HOMEOWNERS ASSOCIATION, INC., 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 Control Committee appointed in accordance with Article VII, whose duties shall be as set forth in Article VII. 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 are 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 ane! management of the Association's common area propez1y; (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 cOlvoration, 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 dctermine. 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 pUIvoses of this Declaration and the Exhibits annexed hereto, be deemed an institutional first mortgage and the holder J 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, ofa fee simple title to any Lot, which is a part 0 the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. ARTICLE III 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 recorded in Plat Book 54, Page 85, of the Public Records of Seminole County, Florida. Section 1. Existing Property. The property subject to this Declaration is that real property within MOSS COVE, as per plat thereofrecorded in Plat Book 54, Page 85, through and inclusive of the public Records of Seminole County, Florida. 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 ofIncorporation and By-Laws of the Association; (b) Rules and regulations adopted by the Association governing use and enjoyment of the Common Area; 4 (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) of the 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 reconstnlction 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 adj acent 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. 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 prior written consent of the Association except as specifically provided herein. Nothing 5 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, mle, ordinance, regulation, permit or other validly imposed requirement of any govenunental 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 and 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 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 mbbish, trash, garbage, or other waste material shall be kept or pell11itted 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 Propel1ies owned or controlled by Developer, or its transferees, whatever they detennine to be reasonably necessary or advisable in connection with the completion of the reconstruction work, including, without limitation: 6 (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 PropeI1ies in parcels by sale, lease, or otherwise; or (c) maintaining 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 teml "its transferees" specifically does not include purchasers of Lots improved as completed residences. Section ] 5. Rules and Regulations. No Owner shall violate the r:ules 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 intenI 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 IV MEMBERSHIP AND VOTING RIGHTS Section I. 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 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 7 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) votc:s for each Lot owned. The Class B meI,llbership shall cease and be converted to Class A membership 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 Incolvoration 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 of Incorporation or the By-Laws, this Declaration shall control. ARTICLE V 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 salii tary 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 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 8 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 B y- 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 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. 9 Section 8. Insurance. The Association shall take out liability insLlrance on the common areas and sLlch amoLlnts 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 pal1 of the common expense assessed annually to the Lot Owners. ARTICLE VI COVENANT FOR ASSESSMENTS Section I. Creation of a Lien and Personal Obli2ation 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 SLlch deed, is deemed to covenant and agree to pay to the Association: (I) annual assessments or charges; and (2) special assessments for capital improvements, SLlch assessments to be established and collected as herein provided; and (3) special assessments against any pal1icular Lot which are established pursuant to the tenns 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. 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 I of the year immediately following the conveyance of the first Lot by the Developer to an Owner, the annual 10 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 (J 5%) 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 pm1, 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. Uniforn1 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 uni fOllnity shall not prevent special assessments against any particular lot which are established pursuant to the tern1S of this Declaration. Section 7. Developer's Assessment. The Developer obligates itself to pay any operating expenses incurred by the association that exceed the assessments receivable from other members and other income of the association, as long as it is in control of the Homeowners Association. That the Developer is excused from payment of its share of operating expenses and assessments related to any lots owned by it until such time as control of the association is turned over to the individual homeowners. That all lots in II Moss Cove shall pay a uniform assessment except for developer owned lots while the developer controls the Homeowners Association. Notwithstanding the foregoing requirement of uniformity, or any other provision of this Declaration, or the Association's Articles oflncorporation or By-Laws, to the contrary, the annual assessment against any Lot in which developer owns any interest shall, as long as control has not been turned over to the individual homeowner shall be as stated above. Upon transfer of title of a Developer-owner Lot, such Lot shall be assessed in the amount established against lots owned by the Class "A" member of the Association, prorated as of, and commencing whit, 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 mortgagees or contract seller, shall be assessed at the same amount as is herein above 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 purchasers's entry into possession, as the case may be. Section 8. Date of Commencement of Annual Assessments. The annual assessments provided or herein shall commence as to all Lots within that portion of the Properties described in the plat of Moss Cove as recorded in Plat Book 54, page 85 of the Public Records of Seminole County, Florida as common area attached hereto on the first day of the month following the recording of the conveyance of the Association by Developer of the Common Area described in the plat attached hereto. The annual assessments within any addition to the properties created by annexation, as b~reinafter 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 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: (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 12 Mortgage and secured by the lien thereof in accordance with the tenns 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 perc~nt (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 Common 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 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 13 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 gi ven to the encumbrancer. Any encumbrancer holding a lien on a Lot m'ay 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 VII 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 e'xterior changes to the Properties in the manner hereinafter provided. Section 2. Committee Authority. The Committee shall have full authority to regulate the use and appearance of the exterior of the Properties to assure 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 14 maintall1l11g 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 specificatio:ls 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 extelllal design and location in relation to surrounding buildings and topography within the Properties by the Architectural Control Committee. No O\vner 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 govell1ing procedure 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 is 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 VIII PARTY WALLS Section I. 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 regarding party walls and liability for property damage dLle 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 \vall in prop0l1ion 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. 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. 16 ARTICLE IX 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 Propel1ies, with the written consent of the Owners of all Lots in such portion; and, in such event, the costs of sllch 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 ifapproved 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 thil1y (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. Destmction 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 ninety (90) days of the date of the damage or destruction all Owners agree not to rebuild or repair. On 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 constmcted, and the location of the buildings shall be substantially the same as 17 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 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, covenants, 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 restri~tions 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 Declaration, their respecti ve 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. FHAJV 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 V A mortgage guarantees has been made and not withdrawn: Annexation or additional Properties; dedication of Common Area, and amendment of this Declaration. 18 Section 5. Effect of Recording. Any Lot situated within the real property described in the plat of Moss Cove attached hereto shall be deemed to be "subject to assessment" as such term is used in this Declaration, or in the Association's Articles ofIncorporation 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 Linder the Common Area, then the provisions of this Declaration shall be inoperative to the extent that they conflict with the terms of SLlch 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 I, 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 tem1S 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. ARTICLE XI CONFLICTS \VITH 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 contlict 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. IN 'WITNESS WHEREOF, the Developer has caused this instrument to be duly executed the day and year first aboye written. / '. ./ ~/ 1/ -.... . /-/ I /. . (Corporate Seal) ~n "- Candace Bide, CEO Wyman Fields Foundation, Inc. I' 19 ~~~T~F 6FL~~D,A.~, ,j/,_ ",,!~ '/ , The foregoing instmment was acknowledged before me this .;~:; C;'day of , . / I ., 2001 b .f'; 11 I I 1\ ,', " ....j i', ' " ;-., ' , ,', ,,- (-. .., f ~: i' ,,1'.1.:, c', \.h)' , Y I" ,/r r,l~../-:(:"Ch i> ", 't.... t, '1\ ,\~. t' 1;)-:; '. "I i~, 1" :' .': /' ! 1", :< " .:.1 i;-:.( p . d f / ,,.-,: ( ~':' , b h If f th " reSl ent 0 '..... ).',";; ~ ',,--, ';! '/"; , >,-;;"A,.\_,.I\ .:... ',.... \ (lic' , on e a 0 e corporatIOn. , , .i " ~~' . \ , . t~;\ L ' L ' No a Public rn My Commission EXPireii I C( 103 · Kathy E. PhIllip8 . ~ (1001:&212 ~ ~. 19,2OOJ Bo~ 1lw-u ALLmtlc BondlJl! 00., l~c, 20 Sheet One of Two MOSS PLACE Repla.t 0/ Portions 0/ DoRo Mitohell's Survey 0/ the Moses Eo Levey Gra.nt Q,8 record.ed. in Pla.t Book 1, Pa.ge 5, Seminole Coo, Florid.a. LOCATION PLAN CITY OF WINTER SPRINGS. SEMINOLE COUNTY. FLORIDA Section 34, Township 20 South, Range 30 East LEGAL DESCRIPTION: PARCEL LOCATED IN D.R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNlY, FLORIDA AND DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION Of THE EAST RIGHT OF WAY LINE OF MOSS ROAD WITH THE CENTERLINE OF LONGWOOD-OVIEDO ROAD AS SHOWN ON THE PLAT OF NORTH ORLANDO, PLAT BOOK 12, PAGES 10 AND 11, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, THENCE RUN NORTH 06'55'33" WE:ST ALONG THE EAST RIGHT OF WAY LINE OF SAID MOSS ROAD 532.84 fEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY HAVING A RADIUS Of 676.78 FEET, THENCE NORTHEASTERLY 301.32 fEET ALONG THE ARC Of SAID CURVE THROUGH A CENTRAL ANGLE OF 25030'34" TO A POINT ON SAID CURVE F"OR THE POINT OF BEGINNING: THENCE FROM A TANGENT BEARING OF NORTH 18035'01" EAST CONTINUE 77.21 FEET ALONG THE ARC OF AFORESAID CURVE THROUGH A CENTRAL ANGLE OF 06"32'12" TO THE POINT OF TANGENCY THEREOF, THENCE NORTH 25007'12" EAST 124.01 FEET, THENCE SOUTH 72'06'34" EAST 439.09 FEET, THENCE SOUTH 25007'12" WEST 179.27 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 241.18 FEET, THENCE SOUTHWESTERLY 22.25 FEET ALONG THE kRC SAID CURVE THROUGH A CENTRAL ANGLE OF 05017'05" TO A POINT ON SAID CURVE, THENCE DEPARTING SAID CURVE RUN NORTH 72'06'34" WEST 435.69 FEET TO THlE POINT OF BEGINNING, CONTAINING 2.01 ACRES MORE OR LESS, ALL SITUATE IN THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA. FOR NOTES SEE SHEET TWO OF TWO. i ~ o R=67 .78, L=77.21 TanT 38. 65 Delta= 06032'12" C Brg=S21051'07"W C =77.17 0.00' i" - ..0 !g lb - ~ 'PI ~ I , U.Nt ~ o (/) (/) ;0 o ~ ROAD-STATE ROAD 434 LONGWOOD-OV\EDO ,j 8~<oO ' 8 34. ''1: MOSS ROAD PARTNERS, LTD. D.R. MITCHELL'S SURVEY OF LEVY GRANT, PB 1, PG 5 4.39. 09' " .... .. ~ 'f::1-' ~ ~ ~ ~),.. rS,p~ '< 'V. d- "$ ~tf1~ / ~!# ~. I~ ~4:, ..~ l\. oC ~ ~ BLOCK 3 Tract A COMMON AREA 10' Fl. Power Corp. Easmt. ORB 1842, Pg. 1771 MATCH LINE see Sheet 2 , COMMON AREA -........... 88.00 ' N72. 06 '.34 "w N72.0 ' .356.54, 6 34 loW 4.37.06' .. ~ RIGHT OF WAY DEDICATED TO CllY OF WINTER SPRINGS -........... BY THIS PLAT ~ = 25.30'34" R = 676.78' L = 301.32' z o Ul.cn. V1Ul i'VUl Cx>>y4 ~V1 P.O.C. . ~ LONGWOOD-OV\EDO FD N/D PC .. ~ -........... ~lio/)e ::i 50' ::wL.4Jv~ lV~<oO ' 8 34. "Jr -........... SPRINGS SHOPPING PLAZA D.R. MITCHELL'S SURVEY OF LEVY GRANT, PB 1, PG 5 430.69, ------ ROAD (434) NOTICE: This plat, as recorded in it's graphic form, is the official depiction of the subdivided lands herein described and shall in no circumstance be supplanted in authority by any other graphic or digital form of the plat. There may be addItIonal restrIctions that are not recorded on thIs Plot that may be found in the Public Records of'this County. Plat Book_____Page______ MOSS PLACE DEDICATION KNOW ALL MEN BY THESE PRESENTS, That the corporation named below beIng the owner In fee sImple of the land. dllcrlbed In the forecoptlon to this plat, hereby dedicate. .ald land. and plat for the u... and purpo.e. therein and Dedicate. the Eaument. and Rliht of Ways shown hereon, to the Public and Dedicate. Tract "A to the Homeownere "'.oclatlan. IN WITNESS WHEREOF, hat cauud there preeent. to be .Igned and atte.teet ta by the officers named below and Its Corporate to be affixed hereto STATE OF DA COUNlY OF SEMINOLE THIS IS TO CERTIFY, thot 0" ft.. tllftl ~, before me, an officer dul .~ acknowledgment. In t nty 0 I personally appeared . re.pecttvely and of the above named Corporation Incorporated under the law. of the State of Florida, 11 personally koo.p to m, (or hat produced the following IdentificatIon ) and did (did not) toke an oath that they are the p4trsone, de.crlbed In and who executed the foregoIng dedication and ..verally acknowledge the execution thereof to be their free act and deed a. .uch officer thereunto duly authorlzsdj that the official .eal of laid Corporation 11 duly afflxed thereto: and that the Hid Dedication I. the oct ration. 'C JOINDER AND CONSENT TO DEDICATION THE UNDERSIGNED HEREBY CERTIFIES that the Mortgagee(.) con..ntl and ag,.... to the replotting of the land. embraced In thl. plat and to the dedlcatlon(s) shown herein; and further, should It become neccellary to foreclose the mortgage covering the property, that all plec.. and porcel. dedIcated to the rUbllC will be excluded fram th:iPeult a. the dedication. will shal remain In full force and eff'ct.~ II ~ ~.... ~ Firat Community Bank ~ print name Corporation on CERTIFICATE OF'PREPARING SURVEYOR This Plpt was prepared und.r my re.paelble direction and .upervi.lon and complies with all survey re uirementl of Chapter 177, Florida Statute., and sold Plat lie. wh wi boundarl.. of the City of Winter Spring.. . L. Beale Sm h, It , ~. . .. ,... ~. Thl. plat has been reviewed for COn OI'I'}'lItyr'.wlth ~~ter. .177, ~." .' . , Florida Statute.. J'. .:: ': : .':. ,._ . '..' .' . e. ~ ~""~"'" ':.,' .' '\;~'l"''l...1J1 Surveyor'. SIgnature C.ROBERT SMA"" fIlM Nt.lll Dotl. , . GERJIFICATE' OF APPROVAL BY. MUNICIPA~ITY THIS IS TO CERTIFY, that on the City Comml..lon of the CIty of Winter Spring., Flolrda approved the fOreQolng plot. Mayor Atte.t: File No. Clerk of the Circuit Court In and for Seminole County, Florida BY D.C. MOSS PLACE Replat of Portions of D.R. Mitchell's Survey of the Moses E. Levy Grant as recorded in Plat Book t, Pag,e 5, Seminole Co., Florida CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA Section 34, Township 20 South. Range 30 East MOSS ROAD PARTNERS, LTD. D.R. MITCHELLS SURVEY OF LEVY GRANT PB 1, PG 5 / / / / / / / / IV LOT 7 / / / / '1':2'06 '34 " / / W 4- / 39.09' LOT 6 EXCELSIOR BUSINESS PARK PLAT BOOK 43, PAGE 12 BLOCK 2 Tract A MATCH LINE See Sheet One 40' D.U.t. BLOCK 3 / / / / / / / / Tract A COMMON AREA --- --- 40' D.U.t. l-t./ ./tJ / ::? 0 ". ':l ;; ~/ --- --- BLOCK 4 --- COMMON AREA /1 (I; / IE !j ~ II) ... / i.tJ . co g .r'V o' ::? CV A. ... ... ~ Tract A '. --- --- --- S72' 15.25' 05'42"t 15.25' ~ I 22' I~ D.U.E. o I~ ~ I~ COMMON AREA S72' 15.25' 09'16''f 15.25' 15.25' S72'09 '5 J{25' .. l\. CV ~. ^ ~ ~ ~ ..~ l\. 00 ~ Vj ~-- 50' n L4N1::l , q'/W .CJ N 72'06,1P v4" W J5 6.54' COMMON AREA 15.25' ~\ ~ g. \ ~. \ rT1 ~\ ~. \ . :Q 85.81 ' N72'0 ' 6J4"W --- 10' FI. Power Corp. Easmt. ORB 1842, Pg 1771 N 72'06 'J ' 4" W 4J 7.06' --- 80' R!.W FOR CUl-D-SAC Jy '1':2'06'34" W . :Q RIGHT OF WAY DEDICATED TO CITY OF WINTER SPRINGS BY THIS PLAT 4.35.89' WEST LINE OF PARK AND UTILITIES & DRAINAGE EASEMENT DOUG'S UNIT #1, PB31, PG 53 --- SPRINGS SHOPPING PLAZA, INC, D.R. MITCHEll'S SURVEY OF lEVY GRANT, PB 1, PG 5 R=241.18 L=22.25 Tan=11.13 Delta=05017'05" ChBrg=S22028' 41"W Ch=22.24 CORNER PARK/D.U.E. DOUG'S UNIT #1 """- """- """- """- FOUND ALUM. CAP IN CONC 0.3' SE """- """- """- """- """- Plat Book______Page_____ Sheet Two of Two o CD o ,.., .. o (\J II t I o LOT 5 """- """- """- . """- """- """- """- """- CORNER PARK/D.U.E. DOUG'S UNIT #1 """- """- """- -- WEST LINE OF PARK AND UTILITIES & DRAINAGE EASEMENT DOUG'S UNIT # 1, PB31, PG 53 LEGEND . - Set 4- Conc Monument 15238 Permanent Reference Monument = Set Nail & Disk 15238 ... 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 Book - Drainage & Utili\)' Easement(s), widths as specified o A R L PC PT Ch Ch Brg Cl P.O.B. P.O.C. R/W PSM ORB D.U.E. NOTES: 1 - Bearings assume easterly Right of Way line of Moss Rood os North (N25'07' 12-E). 2 - Vehicular Access Rights to Moss Road from Tract -A- areas Dedicated to the City of Winter Springs. 3 - Easements ore os shown hereon and utility easements shall also be for the installation, maintenance and operation of coble television services provided said coble services do not interfere with the dedications and purpose of this plat. 4 - Tract -A- areas sholl be Access Easement and Utility Easement for individual lots within each Block as approved by the Homeowners' Association. - BEALE SMITH ASSOCIATES, L. BEALE SMITH, PSM 113 CONCORD DR" SUITE A, CASSELBERRY, FLORIDA 32707, 407-331-5577