HomeMy WebLinkAbout2003 08 25 Regular G Final Subdivision Plat and Homeowner Documents for Heritage Park
COMMISSION AGENDA
ITEM G
Consent
Information
Public Hearin2
Regular X
August 25.2003
Meeting
Mgr. /~ /Dept. Iff
REQUEST: Community Development Department requests that the Commission approve the
the final subdivision plat and homeowner documents for Heritage Park and
authorize their recordation, subject to conditions.
PURPOSE: The purpose of this agenda item is to approve and record the final subdivision plat
and homeowner documents for Heritage Park. This is the residential portion of
the 16.12 acre Wagner's Curve plat and re-plat (property located generally
northwest of the Post Office and across SR 434 from the Winter Springs High
School). This subdivision plat contains 14.52 acres and creates 158 town home
lots.
The Wagner's Curve plat for the "parent tract," was approved on January 27,
2003, and was re-platted to modify the dedication (upper right-hand portion of the
1 sl sheet) portion of the plat. The Heritage Park plat was subject to the Wagner's
Curve re-plat being approved and recorded, because it is a further re-plat of most
of the site.
APPLICABLE REGULATIONS:
Code Section 9-75. Final Plat, contents and recording procedures.
(a) The final plat shall conform substantially to the approved preliminary plan,
and shall be submitted to the city planner as follows:
(1) The final plat shall include one (1) linen original. Ifmore than one (1) sheet
is required, a suitable index map showing the entire development with index
for the various sheets shall be shown on the first sheet.
(2) The final plat shall show streets, lots, blocks and easements indicating the
centerline, width and sidelines of all easements.
August 25,2003
Regular Agenda Item G
Page 2
(3) Surveys and surveying data on the final plat shall be in accordance with
acceptable professional practices and principles for land surveying and
preparation of plats. Special consideration shall be given to the relationship of the
proposed plat to existing abutting plats to prevent unintended overlap or omission
of lands.
(4) Mortgage holders shall execute before two (2) witnesses and a notary public
the following certification on plats: "The mortgagee(s) consents and agrees to the
platting oflands embraced in this plat and to the dedication(s) shown herein; and
further, should it become necessary to foreclose the mortgage covering the
property, that all pieces and parcels dedicated to the public will be excluded from
the 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 all protective or restrictive covenants to be recorded shall
be submitted with the final plat.
(c) A letter from an acceptable abstractor shall certify the following:
(1) That the parties executing the plats are owners of the land included therein.
(2) All recorded mortgages, liens and other encumbrances.
(3) That taxes and assessments have been paid to date.
(4) That the description shown on the plat is correct.
(d) An appropriate bond submitted in accordance with the bonding procedures
set forth in section 9-76 shall be required for all developments within which
improvements are to be dedicated to the public.
Section 9.77. Approval of final plat.
The city commission may approve the final plat, considering any applicable
agency reports, if the plan is in substantial conformity with the approved
preliminary plans and it complies with regulations established by this chapter.
Action by the city commission may be taken expeditiously, but not to exceed
thirty (30) days after receipt of the final plat and supporting data by the city unless
delay is requested or caused by the applicant. If the commission certifies that the
development has met all requirements hereof, the plat shall be endorsed as finally
approved by the mayor and attested by the city clerk in order that the same may be
recorded among the public records of the county.
Code Section 9-78. Recording/distribution of the final plat.
2
August 25,2003
Regular Agenda Item G
Page 3
Upon completion of all approval action, the city planner shall be responsible for
ensuring that the original linen is signed and sealed, and the plan and deed
restrictions, if any, are delivered to the appropriate authority for recording. The
developer shall submit to the city the recording fee as specified in the current fee
schedule.
Chapter 177, Florida Statutes.
FINDINGS: 1) Final engineering was approved by the Commission on November 11,2002.
2) The plat is consistent with the approved final subdivision plan, Wagner's
Curve plat and.
3) The plat is consistent with the approved Development Agreement and its
modification.
4) The plat is consistent with the Comprehensive Plan and City Code.
5) The City's surveying consultant must review the plat and certify that it meets
the platting requirements of Chapter 177, Florida Statutes.
6) The DRC has reviewed the plat and recommends approval, subject to the
following conditions being completed before the City executes and records the
plat:
a. the applicant reimburse the City $800 for the City's surveying
consultant's fee;
b. the City's surveying consultant's certification that the plat meets all of
the requirements of Chapter 177, Florida Statutes - applicant to make
any changes required by City's surveying consultant; and
c. the City Attorney's review and approval of the plat, homeowner
documents, and title certification - applicant to make any changes or
provide any additional information required by the City Attorney.
RECOMMENDATION:
The recommendation is that the City Commission approve and record the
Wagner's Curve final subdivision plat and homeowner documents, subject to the
conditions set forth in item 6 of the above findings.
3
August 25, 2003
Regular Agenda Item G
Page 4
ATTACHMENTS:
A Heritage Park Final Subdivision Plat.
B Homeowner Doucments
COMMISSION ACTION:
4
SlEET , OF.-
HERITAGE PARK TOWNHOMES
A REPLAT OF PARCEL " WAGNER'S CURVE: REPLAT
PLAT BOOK 63, PAGES 13 AND 14
LOCA TED IN SECT10N 36, TOWNSHIP 20 SOUTH, RANGE 30 EAST,
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA.
DESCRiPTION
PARCEL I, WAGNER'S CURVE REPLA T. AS RECORDED IN PLA T BOOK 6J, PAGES
lJ AND 14 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
CONTAINING 14.52 ACReS.
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GENERAL NOTES
BEARINGS AR( ASSUMED SI.sCO ON THE SOUTH PRCJPCRrr LINC AS Rf.CORDED
IN PLA r BOOK I5J, PAGeS 1J AND'4 OF THe PUBLIC RCCORt1S OF SCItlIHOlC COlJl'ITY,
flOOD'" BONG SOUTH BJ'08"8" ltfsr.
TRACT ',t," IS UFllIFl' AND RlGlH-OF'-WAY TRACT AND IS HCRC'BY oanCArfD
AN() AlAfN lA/Nfl) 8'1' HOIrlfOWIN(RS ASSOCIA TTON. THERE: IS II
uTRJTY (ASCAl(NT O\l["R mACT ',t,' IN ITS fNT1RCTY ARC HE:RE:8Y DmCA1W
TO THE CITY or mNTF:R SPRtNGS. rH(R( IS A DRAINAGE: AND ACceSS
(ASCII/fNr O~ fRAcr ',t,' IN ITS (HORny ARC HCREBY OCOfCA1[O AND
IIAJHTAJNrn BY HCf,(fOWNF:RS ASSDOA ncw.
J. TRACrs 's' ANO "f' CPCN SPAa'" AND M~A nON n?ACrs AND AR( HCRaIY
OCDICArrD AND IJAfNTAlNfD BY HowrO~S ASSOOAntW.
4. TRACT 'C' (5 R(1'(NnON POND mACT AND IS HEREBY ocmc... TfO AND
IJAJNT[INfD BY HOWCOWNtRS ASSOOAnaY. I'ItTH Ur7L/TY [",SOlENT
O\IER mACT 'C' IS HfRCBr DCDICA rro TO THE: PU8UC unuTY PRO\fOCR.
.5. TRACT '0' IS tIF' srAnON rRACT AND IS HrnrB't' OWCArCD TO 1Ji( orr
OF' "'HID? SPRINGS.
6. TRACTS T". 'c: "H". l: './. 'K' AND "t. OPCH SPACE TRACTS AND ARC
HeREBY DE:DlCAmJ AND UAlJHArNfD BY HOAIEOt'INfRS ASSOOAncw.
TRACT .,.' OPeN SPACC TRACT ..HH A DRAINAGe EASDlCNT O\€R (NnR'E
TRACT 'F' HE:R(9Y DCOICA rED AND IrIAINTAIN(O BY HOM!OWNCRS ASSOCt.-.r,ON.
AU Pl.A TTED UTll.ITY E'ASOI!NTS SHALL PROW)( lHA r SUCH (ASlWCNfS
SHALL AtSO BE OSCuENrs FOR mE CONSTRUCTION. INSTALLAl'KW,
&lAJHTfHANCC AN() OPCRAnON or CABLE rnc\IIscw SCRVlCES; PROMDro.
HO~\.'(R. NO SUCH CONSrFWCTlON, INSTALLAnc:w, IIAINTr:NANCE ANO
()P(RAnON OF CA8l.C rrLCVISION SlRVJCCS SHALL INTCRFrRC IMlH me
FAOlITlES AND SlRII'Ja'S or AN fifCrRJC, rnEPHONC, GAS OR OTHeR
PUBUC Ul1urr. tN 1Ii( f\f::NT A TfLC\IISON COMPANY OA..,ACCS J'H(
FAOl,T/ES OF A PU8UC unuTY" IT SHALL BE SOlfiY RC5PONSIBl.f FOR
nle OAoWACCS.
9. AN.,. fNCROACHJICNfS INClUDING BUT NOT U1J1TCD TO DECKS, CCWCRHf PADS,
IT.NCJNG, BUfl..DING O\<ERHANCS OR AN.,. AMrNlrr LnJ/rlNG THE FUll "NO
COUPlETE use OF THE CASCMCNTS'" 1'H( arr IS CxPrIESSl.Y PRGHlBIrro.
INDEX MAP
HOT 10 SCALf
CERTlF"ICA TE OF" APPROVAL
BY MUNICIPALITY
THIS IS ro CCRl1ry, rhot 01'1
ATTEST:
opproWld Ihe IOI"~9 plot.
MA>'OR
o 1Y CltRK
VICINITY MAP
NOT 10 SCAlf
CERTIFlCA TE OF" SURVEYOR REPRESENTING CIT
, HEREBY ClRT1F'Y, Ihot I ho... eIom.in4rd Ih. fCll"egoing plot
OI'Id rltld 11 to cCll"T'tply.in fOfTTl rrith all the r~Orfltn~ls 01 Chop!
'n. norido Slotules
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Prinled Nom.
fJorido C~lmcole No.
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C RKOF"TH CUR
NO TleE
THIS PLAT. AS RECORDfD IN 115 GRAPHIC FORII. IS THE OFFICIAL DEPlCnON or
THE suedtVlOE:O LANDS DESCl/lBED HEREIN AND Il!LL IN NO CIRCUMSTANCES BE
S1JPPLANTED IN AUmORITY BY ANY OmER GRAPHIC OR DIGITAL FORM or mE
PLA r. THERE lIAY BE ADOmONAL RESTRlcnONS filA T ARE NOT RECORDED ON IHIS
PLAT. THAT. MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUN TY.
I HERCfJ.,. CUll1FY, Ihot I ho..., e~ln4rd Ih. I~g pkJt
r71. r;;:"'~:a~/~,~r::':'~ :: ;'.,Jh~~-:;::S 01 Chopl.,-
This_do,af ,,'
Fi. No.
ClERK of the COURT. in OfId for Seminole Counly. Florida
PLAT
BOOK PAGE
HERITAGE 1'IIclirHlOllES
amr:A7ItJN
::1!1"~ t;:I,,;;z,~;a~/h~'::;S:?F::- c~~t~ ;;:;'dRAon:.""ado
N.vodo corpOf'oliorl. "'onaq"'q (Aneral Porrn~. (h",lIfOfhN l.f~/ftd
to os .o.n~.) ;:r Ihe 10.M o.n.,- 01 Ihe londs described in the
caption hcreon. and it has couxd Ihe some to be sur\oe'.)ftt Md
thi, plat. mode .in occordOrtCe with tloid SI./l'vt!" ts hereb, odoptrtd
os Ihll I",", OfId COtTfICt plat of :raid lonrh. No porI 01 soid IQftds
e.cepl Tloel 'D' (V1/ StatiM) os not.d on 'h. foce of Ihis plot.
ts dl!dicotftd 10 the CII, of Itio\t.. Sprinqs or to the public or for
ony public us. or ben.lit. AU 'h. "IH/' and fPOSemenls s/'Io-""
on Ihis plot ore nol ~i-ftd for pvblic use and RldI tllrels and
IIfOsements arfI not and ./11 not b. 0 par-I of Ihe count, syst~
01 public roods. Uli/lt, eosement oYer" Troel 'A' shoJI b. dftdicotftd
10 the Cit, of Mnl... Spf-irlgs. None 01 'he prop~" desf9r1a'~ os
.Common "reo- on this pial is required tor putJ//c us.; arid such
.Comm"" Area- is nol ond will "01 b. 0 port of Ih, COlmt,
syst.m 01 public roods. Soid Common Areos or. 1rlstltOd port 01
th. .Common Area. crllfOl.d b, Ihis Pial OfId wll b. _subject to
the COMenonts. Canditions and Reslrictions 01 HerltOl}ft Port
T01fflhomn (h..,.fIOfl.,- r.ftJITftd to as th. .Omoraliatl.). Soid
Common "'IJO sholl lemow. prlvole and Ih. so/e ond eltchJsi""
propl!r"Y of Own.', Its successors OIId OSsJg"S'.
Ownet" drH:s h.,-eby grt:rIt to the ",-e,enl OfId lulurt! aim..., of Ihe
loIs' throuqh 158 (inclusTWJ). ond th.ir \7lJftsls. in...;I~s. dOlTlfrsfic
hefp. and 10 ddiVf!rY. pic" UP. ond r,e protection serv1el!S, police
and OlhlN oulhCll"Wes 01 10.. Urtilftd Slates "'0' Carriers.
l~ltSentoli""s of utiSilies pravidln9 seniC1!:r to the lands cQr'ltome
.ithin lhis pial. holders 01 mort90ge liens OIId such other p~S1)rtS'
os 0...,.... lIs SUC'cnsors and O::Jsi9"s mo, tr-(Wn tim. 10 lime
dttsigt1ot.. Ihe non-eJ!'Clusiw ond pt!fPellJOl ri9h1 of in9/ess and
l'9'e>S$ O\l(!f" and across the roods and skJeowo'''-s. os Ihff' moy "
time 10 time b" canstructed on Tract ',,', of lhe Common "/tI'O.
Tracts 'A'. "8: 'C'. 'E'. 'F". 'C'. 'H'. "'. ..t, "/(. and '1..' sholl be
ownl!'d OI'Id moin/o..urd b, the HomflOwn..., Associolion.
0\0n1!1". in reoeording this pial, has crflOtl!d Ihe .Common Area.
sIIolm hOf't:OrI. which oreo is port 01 the "commOfl Aroo. dncrib
.in Ihe Dl!CIaralion. Said .Common Area. is not d!'dicott!d for lhe
use and enpymMI 01 the> qfll1ero/ publIC. but ib U.5e is rl!5~lft1
for fhe common u.sct and enpymenl 01 Ihe properl, own.,." of th
Herilat;e PorII To."hom.s The .Iod noml ond ..tend of. ond
the> rUBr'"lICIlions and r.slriClions 011. S'lICh common vse ond
l!lljoymenl ore m(lr"e MI, set farlh in this plot OfId in tIIll'
OeclorotiOfl.
Notrrithstonding the forl!fJOin9: an eml!l'9flflC, occess easement t
th. privot. slom'l droin~ s1"tem 0__ Troc!" 'A', or", 'C'. r, 'G:
'H'. .,'. 'J: "J{' OfId 't. and 0__ on drainQ9e> l!'OSements shown on
this plot ore hereb, lkdicoled 10 the CII, of MrIIer'" Springs for
em"-qenc, mointenonce purposes .in the _t Inodeoquote
mointt:rlonc-e of 'fit! pr;,.,gte slorm dr~e system erNtes 0
hozard to tile public hlJOlth. S(Jfety Ortd general w"for~. Ii't.
I!mer-gt:rlcy OCC:IIU fIOsfltnMI gronled obawe don not impose 011,
obJiqolforl, burden, leJPOf'lSlbiity or flabiit, lJt)"" Ih. Cil, of Ifioll~
Sprin91 to ent.,. upon 'he srubjl!cl P'D{>eI"ty ond lob ort, action t
lepoir or molrrtaon the prlvole dr.,..,oge .5plem. A non-eIChJsiWJ
eoSI!trlMt lhrouqh. OIlfJl, under and O<rOn Troc" 'A'. "Bo. '["'. T.
'C', ""'. )'. '.t. '/(' OfId 'l.' om! 011 uli/it, eosemenls sholm an this
plot is h~, dedicotftd to Ihe CII, 01 Winlll!l'" Spr-irlgs f(lr" tIU by
oft public uli/WIIS for tht! purpan of eonstlVCtin9. mointolil""q. on
repJocln9 their r.5pffCli"" foc'it.S s",...ocin9 the IOIIds enCCWTIposs
b, tM" plol.
IN M1)lIfSS WH(R(OF. Cl!f'ltetlt Ham., flas COl.lsed th./~ p'nents b
sigr't~ ond oUal4rd to or witness~ b, Ih. omc.,.. named beloW'
on Ihe day of ____---' ZOO.J.
CCN1fX HOlIes. 0 Nevodo ~r:rd Porln...:sIlip
Sy. Cl!flleI RIId C.Iale Caporollon. 0 N.lIOdo
Corporation. 1/5
Nome:
"'onogln9 Gent!f"ol Portn",-
"' TNCSSCS:
.",
Nome:
Tille
.",
Nome:
Tille:
STAl'!" OF' FlORIDA
COUNTY OF $(JItNOI..C
tho
Th. lorl!fJOin9 instrvm~l was ocfmo""ffdqed btrfore mff this ___
do, o( _________ ZOOJ. by
____________ as
_______________ 01 Ce-ntelf Rid Cslole
Corpol"olicn. 0 Nt!vodo corporotbn. monoqin9 9""",.-0/ porI"... of
CIMleJl H~s. 0 NellCldo gl!t'll!f'al pClt'ln.,.$IIip. on behalf of Ihe
Corpol"otion. H. is p""~oIIy MOwn to m. ond did not tol<e an
ooth.
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Nome: _______________________
Notory Pl.lbJjc. Stole of norido
Commjuicn No.:
CERTIFICATE OF" SURVEYOR
I hflf'l!by c...m, that Ihis plot is 0 Int. and correcl
Il!pI'fI!!Sf!lt'OUon of thll!! lands ~wyed. Ihot tht! survey W'OS undtrr
m, re>spansble dir<<tion OIId 5l.Iper'"w,ion, OfId Ihet surwey data
conloined he/ein complies .ith on of the rcquirl!metlts of Chapt",-
177 01 U,. norido Stalute;, I furth..,. C"'lify Ihat I ho...,
complif!d w/lh the reqIJireoml!flt. of Chap!eo- 177.091(7) r~9
.pl!f'manl!r'lt I.flt'fl(tce r'I'IOrJuments.. arid Ihot the land .5 locoled
In Ihe C;t, 01 Winl..,.. Spmgs. fJ('Jrido., Pr-ofns"""oI Sw-Io'fI}O" and
"'opp.,- No. .50"
Slqrtoture____________________ __
8MTT A, AlOSCOVlTZ Dote
RfClSTRAncw HUU8(R OF LEGAl. ENnrr.. L816J9J
AUfRtCAN SURVf'tlNG ot ..,APPtNG. INC.
J20 CAST SOUTH SrR[ET, SUiT[' '80.
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SlEET20F4
HERITAGE PARK TOWNHOMES
A REPLA T OF PARCEL " WAGNER'S CURVE: REPLA T
PLA T BOOK 63, PAGES 13 AND 14
LOCA TED IN SECT10N 36, TOWNSHIP 20 SOUTH, RANGE 30 EAST,
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA.
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THIS PLAT. AS RCCORDCD IN Irs GRAPHIC F()RU, IS me OFFICIAL DU'ICnON OF
THE SUBDIVIDED LANDS O[SCR/Bf:D HERDN AND ltfLL IN NO CIRCUMSTANces Be
SUPPLANr(O IN AUTHORITY BY ANY orneR GRAPHIC OR OfClrAL FORM OF T'H[
PLAT. THERE MAY 8C AlJDITtONAL ~STRrCnONS THAT ARC NOT RECORDED ON n-ns
PLA T THA r Mil. Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
(NO ""U1l1!rrcsu'r
(0R0'J48.PC200J)
LOT 27
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BLOC./( 0, D.R MllCHHL'S SURVEY OF THE
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SlEETJ0F4
HERITAGE PARK TOWNHOMES
A REPLA T OF PARCEL " WAGNER'S CURVE: REPLA T
PLAT BOOK 63, PAGES 13 AND 14
LOCA TED IN SECT10N 36, TOWNSHIP 20 SOUTH, RANGE 30 EAST,
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA.
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LOT 27
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HERITAGE PARK TOWNHOMES SlEET40F4 =
A REPLA T OF PARCEL " WAGNER'S CURVE: REPLA T
PLAT BOOK 63, PAGES 13 AND 14
LOCA TED IN SECT10N 36, TOWNSHIP 20 SOUTH, RANGE 30 EAST,
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA.
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unUTY AND RIGHT-OF-WAY
OPEN SPACE AND RECREA nON
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THE SU8OIVlOED LANDS DESCRIBED IIERElII AND OWLL IN NO OROJMSTANCES liE
SUPPLANTfO IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE
PLAT. THERE MAY liE AD01nONAL I?fSTRlcnONS THAT ARE NOT I?fCfJRDED ON THIS
PLA T THA T MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUN Tr.
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ATTACHMENT B
Prepared by! Upon recording, please return to:
Randall J. DeHayes, Esquire '
Centex Homes
385 Douglas Avenue, Suite 1100
Altamonte Spring, Florida 32714
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
HERITAGE PARK TOWNHOMES
U:\Orlando\Transaclions\Heritage Park 08"0 1-006\DCCRs.Clean-R6.doc
'i 5'
TABLE OF CONTENTS
PAGE
Article I Creation of the Community ..................................................................................1
1.1. Purpose and Intent.............................................. ....................... ......................... ......I
1.2. Binding Effect. .........................................................................................................1
1.3. Governing Documents. ............................................................................................2
Article II Con cep ts an d D efin'iti 0 ns....................................................... ......... .......................3
2.1. Defined Terms. ........................................................................................................3
2.2. Interpretation of Certain References. ........ ...............................................................7
Article III Use an d Conduct ....................................................................................................8
3.1. Restrictions on Use, Occupancy, and Alienation.....................................................8
3.2. Amendment of Use Restrictions. ....................... ........................... ........................ .11
3.3. Owners' Acknowledgment and Notice to Purchasers. ...........................................12
Article IV Architecture and Landscaping ...........................................................................13
4.1. General. .................................................... ...................... ...................................... ..13
4.2. Architectural Review. . ....................................................:.................................... ..13
4.3. Guidelines and Procedures.................................................................................... .14
4.4. No Waiver of Future Approvals.................................... ~;;.................................... ..16
4.5. Variances........................................................................................................... .'... .16
4.6. Limitation of Liabil ity, ................................................................... ....................... .16
4.7. Enforcement. ......................................................................................................... .17
Article V Maintenance and Repair .....................................................................................17
5.1. Maintenance of Lots.................................................. .......................................... ....17
5.2. Insurance on Lots; Casualty Losses. .................................... ............................ ..... .19
Article VI The Association and its Members.......................................................................20
6.1. Function 0 f Association. ....................................................................................... .20
6.2. Membership. ......................................................................................................... .20
6.3 . Voting. .................................................................................................................. .20
Article VII Association Powers and Responsibilities ...........................................................21
7.1. Acceptance and Control of Association Property. .................................................21
7.2. Maintenance of Common Maintenance Areas. ......................................................22
7.3. Insurance. .............................................................................................................. .23
7.4. Enforcen1ent. ......................................................................................................... .25
7.5. In1plied Rights; Board Authority. .. ....................................................................... .27
7.6. Provision of Services to Lots. ........ ........ ....................... ....... .............. .................. ..28
7.7. Municipal Service Taxing Units. ..... .............................. ........................................28
7.8. Relationships with Other Properties. .................................................. ...................29
U:\Orlando\Transactions\Heritage Park 08-oI-006\DCCRs.Clean-R6.doc
7' .!
7.9. Relationship with Governmental and Tax-Exempt Organizations. .......................29
7.10. Right To Designate Sites for Governmental and Public Interests..........................29
7.11. Provision of Services to Service Areas. ................................................................ .29
7.12. Responsibilities Under Governmental Permits. .....................................................30
7.13 . Waterways; Water Level and Use........ ......... .................. ..... ................................ ..30
7.14. Surface Water and Storm Water Management System. .........................................31
Article VIII Associa tio n Fin an ces . ........... ..... ........... ........ ................... ........ ... ..... .....:... ..... ...... .34"
8.1.
8.2.
8.3.
8.4.
8.5.
8.6.
8.7.
,8.8.
8.9.
8.10.
Article IX
9.1.
9.2.
9.3.
9.4.
Article X
10.1.
10.2.
10.3.
10.4.
10.5.
10.6.
10.7.
10.8.
10.9.
10.10.
10.11.
Article XI
11.1.
11.2.
11.3.
11.4.
, 11.5.
11.6.
11.7.
Budgeting a~d Allocating Common Expenses. .....................................................34
Budgeting for Reserves. ........ ......................................................... ....................... .36
Special Assessments, ............................................................................................ .36
Benefited Assessments.........:.................................................................................3 7
Assessment Rate; Commencement of Assessments; Time ofPavrnent. ...............37
Obligation for Assessments. ..................................................................................3 7
Lien for Assessments. ..............................................................................:............ .39
Exempt Property. .............. .,.....................,.................... "," ..,...,..,........................... .39
Initial Orie~ Time Assessment. ........... ........................................ ........ .....................40
Use and Consumption Fees; Licenses and Royalties. ............................................40
Expansion of th e Commu n ity .............................................................................40
Annexation by Declarant. ..................................................................................... .40
Annexation by the Association. ......................................................... ....................41
Additional Covenants and Easements. ............................... ....................................41
Effect of Filing Supplemental Declaration. ... ......... .................................:..... ........42
Additional Righ ts Reserved to Declaran t ..........................................................42
Withdrawal of Property......................................................................................... .42
Marketing and Sales Activities. .............................................................................42
Right to Develop. ........................ .......................................................................... .42
Right to Approve Changes in the Community Standards. .....................................43
Right to Transfer or Assign Declarant Rights........................................................43
Community Systems and Services. ................................. .......................................43
Rights To Use Names; License Agreements..........................................................44
Easement to Inspect and Right to Correct.........................................................,.....44
Right to Notice of Design or Construction Claims. ...............................................45
Termination of Rights. ............... ........................................................................... .45
Exclusion of Declarant's Other Properties. ............................................................45
E as e men ts ..... .... ................... .... ............... ..................... ...... ...... .... ....... ... ........ ..... ..45
Easements in Common Area................................................................................. .45
Easements of Encroachment. ................................................................................ .46
Easements for Utilities, Etc....................................................................................4 7
Easements to Serve Additional Property. .................. ................................. ...........4 7
Easements for Maintenance, Emergency, and Enforcement. .................................48
Easements for Maintenance of Bodies of Water and Flooding..............................48
Easements for Cross-Drainage............................................................................. ..49
U:\Orlando\Transactions\Heritage Park 08-OI-006\DCCRs.Clean-R6.d<fi
;!
11.8. Rights to Stornlwater Runoff. Effluent, and Water Reclamation. .........................49
11.9. Easement for Maintenance of Surface Water and Storm Water Management
System. ........................................................................................................................... .49
11.10. Entrance Feature Easement. ......... ................ ..........................................................49
11.11. Easement for Irrigation Equipment. .......................................................................50
11.12. Roadways.......... .................................................................................................... .50
Article XII Conservation Easements, Natural Conditions and Preserves..........................51
12.1. Conservation Easements. ...................................................................................... .51
12.2. Natural Conditions. .............................................................................................. ..54
Arti cle XIII Limited Co mmo n Areas ........................ ............................................................ ..54
13.1. Purpose.................. ..................................... ........................................................... .54
13.2. Designation............................................................................................................5 5
13.3. Use by Others. ............................................................. ...:............... ........................55
Article XIV Party Walls and Other Shared Structures ;;.................~....................................55
14.1. General Rules of Law to Apply. .................:..........................................................55
14.2. Maintenance; Damage and Destruction. ..... .............. .............. ..... .......................... 5 5
Arti cle XV D is P u te Reso I u tio n ..................................................................................... ......... .56
15.1. Agreement to Encourage Resolution of Disputes Without Litigation. ..................56
15.2. Dispute Resolution Procedures. ...................... ......... ............................................ ..57
15.3. Initiation of Litigation by Association. .............. .....: ............................................. .58
Article XVI Mo rtgagee Provis ions .............................. ................................................ .......... ..58
16.1. Notices of Action. ......................................................................... ........................ .58
16.2. Special FHLMC Provision..................... ...... ................................................ ..... .....59
16.3. Other Provisions for First Lien Holders............ .................................................... .60
16.4. Amendments to Documents. ................................................................................ ..60
. 16.5. Construction of Article XVI. ...................... ......................................................... ..61
16.6. No Priority............................................................................................................. .61
16.7. Notice to Association. .................... ................. .......... ............................... ............. .61
16.8. Failure of Mortgagee to Respond... ....... ....... ........................................................ ..61
16.9. HUDN A Approval. ............................................... ........................................... .....62
Article XVII Disclosu res and Waivers. ................................................................................62
17.1. No Liability For Third Party Acts. .........................................................................62
17.2. View Impairment. ................................................................................................. .63
17.3. Notices and Disclaimers as to Community Systems. .............................................63
17.4. Construction Activities. ................................,...................................................... ..63
17.5 . Water Management. ............................................................................................. ..64
17.6. Liability for Association Operations. ............... .................................................... ..64
Article XVIII Changes in Ownership of Lots .......................................................................64
U:\Orlando\Transactions\Heritage Park 08-0I-006\DCCRs.Clean-R6.diii
1"
Article XIX Changes in Common Area ..................................................................................64
19.1. Condemnation. .................... ........................................................... ....................... .64
19.2. Partition............................... ............................................... ... ......... ....................... .65
19.3. Transfer or Dedication of Common Area. .........................:...................................65
Article XX Amendment of Declaration .................................................................................65
20.1. By Declarant.................................................................. ........................................ .65
20.2. By the Members. ............. ..... ............................................................... .................. .66
20.3. Approval by St. Johns River Water Management District.....................................66
20.4. Validity and Effective Date................... ............................... ................................. .66
20.5. Exhibits. ................................ ................ ................................................................ .66
Article XXI Provisions For The Benefit of the City of Winter Springs ...............................66
21.1. Rights of City of Winter Springs: Violations of Statues, Laws,
Ordinances, Codes and Regulations...................................................................... .66
Declarant's Obligation to Comply with City Requirements. .................................67
Owners' Obligation to Comply with City Requirements.......................................67
City Ordinance Concerning Political Signs......................... ................................ ..67
21.2.
21.3.
21.4
- TABLE OF EXHIBITS-
Exhibit
Subiect Matter
Page First
Mentioned
"A"
Land Initially Submitted
1
"B"
Land Subject to Annexation
5
"C"
Initial Use Restrictions
2
liD"
Articles of Incorporation of
Heritage Park Townhome Owners Association, Inc.
2
"E"
By-Laws of Heritage Park Townhome Owners
Association, Inc.
2
"F"
Developer's Agreement
4
U:\Orlando\Transactions\Heritage Park 08-0 I-006\DCCRs.Clean-R6.div
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
HEIDTAGEPARKTOWNHOMffiS
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS is
made this _ day of , 2003, by Centex Homes, a Nevada general partnership.
Article I
Creation of the Community
1.1. Purpose and Intent.
Declarant (as defined in Article IT), as the owner of the real property described in
Exhibit "A" (or if not the owner, with the owner's consent), intends, by recording of this
Declaration, to' establish a general plan of development fOr Heritage Park Townhoines, a planned
community. This Declaration, together with the other Governing Documents described in
. Section 1.3, provides for the overall development, administration, maintenance, and preservation
of Heritage Park Townhomes, and provides a flexible and reasonable procedure for its future
expansion. An integral part of the development plan is the creation of Heritage Park Townhome
Owners Association, Inc. (the "Association") to own, operate, and/or maintain various common
areas and community improvements and to administer and enforce this Declaration and the other
Governing Documents.
This document does not and is not intended to create a condominium under Florida law.
1.2. Binding Effect.
This Declaration governs the property described in Exhibit "A," and any other property
submitted to this Declaration in the future pursuant to Article IX. This Declaration shall run with
the title to such property and shall bind everyone having any right, title, or interest in any portion
of such property, their heirs, successors, successors-in-title, and assigns. Declarant, the
Association, any aggrieved Owner (as defined in Article II), and their respective legal
representatives, heirs, successors, and assigns, may enforce this Declaration. Each Owner shall
automatically be. a Member (as defined in Article II) of the Association.
This Declaration is intended to have perpetual duration, but shall be effective for a
minimum of 30 years from the date it is recorded, subject to the right of Declarant and the
Members to amend it as provided in Article XX. After the initial 30-year period, it shall
automatically be extended for successive to-year periods in perpetuity unless, within the 12-
month period preceding any extension, an instrument signed by the then Owners of at least 75%
of the Lots agreeing to terminate this Declaration is recorded. If any provision of this
Declaration would be invalid under the Florida Uniform Statutory Rule Against Perpetuities, that
provision shall expire 90 years after this Declaration is recorded. This section does not authorize
termination of any easement created in this Decla~ation without the consent of the holder of such
easement.
U:\Orlando\Transactions\Heritage Park 08-OI-006\DCCRs.Clean-R6.doc
1.3. Governing Documents.
The following chart identifies the documents which govern the Community (as they may
be amended, the "Governing Documents") and describes, in part, the purpose of each. Every
Owner and occupant of a Lot (as defined in Article II), and their respective guests, tenants,
visitors and invitees, shall comply with the Governing Documents.
Declaration
(Recorded)
~ creates obligations which are binding upon the
Association and all present and future owners and
occupants of, and others with any interest in, property in
the Community
Supplemental Declaration
(Recorded)
~ adds property to the Community; may impose additional
obligations or restrictions on such property
Articles of Incorporation ~
(filed with the Department of State; initial
Articles attached as Exhibit "0")
establish the Association as a not-for-profit corporation
under Florida law
By-Laws ~
(Board adopts; initial' By-Laws attached as
Exhibit "E")
govern the Association's internal affairs, such as voting
rights, elections, meetings, officers, etc.
Architectural Guidelines
(Declarant adopts)
~ establish architectural standards and guidelines for
improvements and modifications to Lots, including
structures, landscaping, and other items on Lots
Use Restrictions
(initial set attached as Exhibit "C")
Board Resolutions a'nCt RUles
(Board adopts)
~ govern use of property and activities within the
Community
~ establish rules, policies, and procedures for internal
governance and Association activities; regulate
operation and use of Common Area (as defined in
Article II)
Additional covenants, conditions, and restrictions may be imposed on all or any portion
of the Community, in which case the more restrictive provisions will be controlling. However,
no Person (as defined in Article II) shall record any additional covenants, conditions, or
restrictions affecting any portion of the Community without Declarant's written consent, during
the Development and Sale Period (as defined in Article II), or without the Board's consent
thereafter. Any instrument recorded without the necessary consent is void and of no force or
effect.
Ifthere are conflicts between Florida law, the Declaration, the Articles, and the By-Laws,
Florida law, the Declaration, the Articles, and the By-Laws (in that order) shall prevail. If any
court determines that any provision of this Declaration is invalid, or invalid as applied in a
particular instance, such determination shall not affect the validity of other provisions or other
applications of the provision.
U:\Orlando\Transactions\Heritage Park 08-0 1-006\DCCRs.Clean-R6.d~
Article II
Concepts and Definitions
2.1.
Defined Terms.
The terms used in the Governing Documents are given their natural, commonly accepted
definitions unless otherwise specified. Capitalized terms are defined as follows:
"Affiliate": Any Person which (either directly or indirectly, through one or more
intermediaries) controls, is in common control with, or is controlled by, another Person, and any
Person that is a director, trustee, officer, employee, independent contractor, shareholder, agent,
co-venturer, subsidiary, personal representative, or attorney of any of the foregoing. For the
purposes of this definition, the term "control" means the direct or indirect power or authority to
direct or cause the direction of an entity's management or policies, whether through the
ownership of voting securities, by contract, or otherwise.
"Architectural Guidelines": The architectural, design, and construction guidelines and
review procedures adopted pursuant to Article IV as they may be amended from time to time.
"Architectural Review Board" or "ARB": The committee established, upon delegation or
termination of Declarant's authority under Article IV, to review plans and specifications for the
construction or modification of improvements and to administer and enforce the architectural
controls described in Article IV.
"Articles": The Articles of Incorporation of Heritage Park Townhome Owners
Association Inc., filed with the Secretary of State for the State of Florida, as they may be
amended from time to. time. The Articles are incorporated herein and made a part hereof by this
reference. A copy of the initial ArtiCles is attached to this Declaration as Exhibit "D".
"Association": Heritage Park Townhome Owners Association, Inc., a Florida not-for-
profit corporation, its successors or assigns.
"Benefited Assessment": Assessments charged against a particular Lot or Lots for
Association expenses as described in Section 8.4.
"Board of Directors" or "Board": The body responsible for the general governance and
administration ofthe AssoCiation, selected as provided in the By-Laws.
"By-Laws": The By-Laws of Heritage Park Townhome Owners Association, Inc., as they
may be amended from time to time. The By-Laws are incorporated herein and made a part
hereof by this reference. A copy of the initial By-Laws is attached to this Declaration as Exhibit
"E."
"City": City of Winter Springs, Florida.
U :\Orlando\ Transactions\Heritage Park 08-0 1-006\DCCRs.Clean-R6.dos
"Class "B" Control Period": The time period during which the Class "B" Member may
appoint a majority of the Board members. The Class "B" Control Period shall end when anyone
of the following occurs:
(a) when 75% of the Lots are deeded to homeowners;
(b) April 30, 2010; or
(c) earlier, if the Class "B" Member, in its discretion, so determines.
"Common Area": All real and personal property, including easements, which the
Association owns, holds, leases, or otherwise has a right to possess or use for the common use
and enjoyment of the Owners. Common Area includes the Surface Water and Storm Water
Management System and the Limited Common Area, as defined below.
"Common Expenses": The actual and estimated expenses which the Association incurs,
or expects to incur, for the general benefit of all Owners. Common Expenses include any
reasonable reserves the Board finds necessary or appropriate.
"Common Maintenance Areas": The Common Area, together with any other area for
which the Association has or assumes maintenance or other responsibilities.
"Community" or "Heritage Park Townhomes": The real property described In
Exhibit "A," together with such additional property as is subjected to this Declaration In
accordance with Article IX.
"Community- Wide Standard": The standard of conduct, maintenance, or other activity
generally prevailing throughout the Community, or the minimum standards established pursuant
to the Architectural Guidelines, Use Restrictions, and Board resolutions, whichever is the highest
standard. Declarant initially shall establish such standard. The Community-Wide Standard may
contain objective elements, such as specific maintenance requirements, and subjective elements,
such as matters subject to the Board's or the ARB's discretion. The Community-Wide Standard
mayor may not be set out in writing. The Community-Wide Standard may evolve as
development progresses and as the ~ommunity matures.
"County": Seminole County, Florida.
"Declarant": Cent ex Homes, a Nevada general partnership, or any successor or assign as
developer of all or any portion of the Community that is designated as Declarant in a recorded
instrument which the immediately preceding Declarant executes. On all matters, Declarant may
act through any of its Affiliates. Any Person who at any time holds the rights of Declarant
hereunder and subsequently transfers or assigns the rights of Declarant to another Person shall be
known as a "predecessor Declarant" and, unless otherwise agreed in writing, shall be entitled to
the rights of a predecessor Declarant established in this Declaration. Whether or not specifically
stated, a predecessor Declarant shall be afforded the same protection with respect to matters
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arising during its tenure as Declarant as the predecessor Declarant would have if it were still
Declarant.
"Developer's Agreement": The Developer's Agreement is attached to this Declaration as
Exhibit "F".
"Development Plan": The land use plan for the Community approved by Centex Homes,
as it may be amended from time to time, which includes all of the property described in Exhibit
"A" and all or a portion of the property described in Exhibit "B." Declarant is not obligated to
submit property shown on the Development Plan to this Declaration. In addition, Declarant may
submit property to this Declaration that is not shown on the Development Plan.
"Development and Sale Period": The period of time during which Declarant and/or its
Affiliates own property subject to this Declaration or Declarant holds an unexpired option to
unilaterally expand the Community pursuant to Section 9.1.
"Legal Costs": The costs which a Person entitled to reimbursement for "Legal Costs"
under any provision of the Governing Documents incurs in pursuing legal action (regardless of
whether suit is filed) to enforce the Governing Documents, including, but not limited to,
reasonable attorneys' and paralegals' fees, expert witness fees, and court costs at all tribunal
levels.
"Limited Common Area": A portion of the Common Area primarily benefiting one or
more, but less than all, Lots or Service Areas, as described in Article XIII.
"Limited Common Expenses": The actual and estimated expenses which the Association
incurs, or expects to incur, for the benefit of Owners of Lots benefiting from a Limited Common
Area or within a particular Service Area, which may include a reasonable reserve for capital
repairs and replacements and a reasonable administrative charge, as may be authorized pursuant
to this Declaration or in the Supplemental Declaration(s) applicable to such Service Area or Lots.
"Lot": A portion of the Community, whether improved or unimproved, which may be
independently owned and conveyed, and which is improved, or intended to be improved, with a
dwelling. The term shall refer to the land, if any, which is part of the Lot as well as any
improvements on the Lot. The boundaries of each Lot shall be shown on a Plat; however, in the
case of a building containing multiple dwellings fo~ independent sale (e.g., attached villa or
townhouse units), each dwelling that may be sold independently shall be a separate Lot.
A parcel of land shall be deemed to be a single Lot until such time as a Plat subdivides all
or a portion of the parcel. Thereafter, the subdivided portion shall contain the number of Lots
shown on the Plat. Any portion not subdivided shall continue to be a single Lot.
Any Owner owning two adjoining Lots may not combine such Lots into a single building
site for the purpose of constructing one dwelling and such other improvements.
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"Member": A Person subject to membership in the Association, as described In
Section 6.2. There initially are two membership classes-- Class "A" and Class "B."
"Mortgage": A mortgage, ~ deed of trust, a deed to secure debt, or any other form of
security instrument affecting title to any Lot and held by an institutional lender. The term
"Mortgagee" shall refer to a beneficiary or holder of a Mortgage.
"Owner": The record title holder to any Lot, but excluding, in all cases, anyone holding
an interest merely as security for the performance of an obligation (e.g., a Mortgagee). If a Lot is
sold under a recorded contract of sale, and the contract specifically so provides, the purchaser
(rather than the fee owner) will be considered the Owner.
"Person": An individual, a corporation, a partnership, a trustee, or any other legal entity.
"Plat": Any recorded land survey plat for all or any portion ofthe Community, and/or any
other subdivision plat applicable to the Undeveloped Parcel which is later annexed to this
Declaration and made a part of the Association.
"Private Street": Any street identified on the Plat within the Community owned by the
Association as Common Area, including without limitation, the paved streets, curbs, gutters,
drainage facilities, landscaping, sidewalks and other improvements, if any constructed or
installed within the platted rights-of-way of such Private Streets, if any.
"Regular Assessment": Annual assessments levied to fund Common Expenses for the
general benefit of all Lots, as determined in accordance with Section 8.1 (a).
"Service Area": A group of Lots designated as a separate Service Area pursuant to this
Declaration or a Supplemental Declaration for purposes of sharing Limited Common Areas
and/or receiving other benefits or services from the Association which are not provided to all
Lots. A Service Area may be comprised of more than one housing type and may include
noncontiguous parcels of property. A Lot may be assigned to more than one Service. Area.
Where the context permits or requires, the term "Service Area" shall also refer to a Service Area
Committee established in accordance with the By-Laws to represent the interests of Owners of
Lots within a Service Area. Service Area boundaries may be established and modified as
provided in Section 7.11.
"Service Area Assessments": Assessments levied against the Lots in a particular Service
Area to fund Limited Common Expenses, as described in Section 8.1 (b).
"Special Assessment": Assessments levied against Lots in accordance with Section 8.3 to
cover unbudgeted expenses or expenses in excess of those budgeted.
"Supplemental Declaration": A recorded instrument which subjects additional property to
this Declaration and/or imposes additional or modified restrictions and obligations on the land
described in such instrument.
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"Surface Water and Storm Water Management System": A drainage system consisting of
swales, inlets, culverts, retention ponds, detention ponds, lakes, outfalls, under drains on Lots or
common areas, storm drains and the like, and all connecting pipes and easements, which is
designed and constructed or implemented to control discharges which are necessitated by rainfall
events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water
to prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or
otherwise affect quantity and quality of discharges from the system, as permitted pursuant to
Chapter 40C, Florida Administrative Code. The Surface Water and Storm Water Management
System facilities include, but are not limited to: all inlets, ditches, swales, under drains on Lots
or common areas, culverts, water control structures, retention and detention ponds, lakes,
floodplain compensation areas, wetlands and any associated buffer areas and wetland mitigation
areas, to the extent that any such facilities, areas, or conditions apply to the Community.
"Undeveloped Parcel": Lands subject to annexation described in Exhibit "B" attached to
this Declaration, portions of which are presently unimproved parcels of land which Declarant
may, but is not. obligated to, develop and which, by future annexation, may be subjected to this
Declaration.
"Use Restrictions": The initial use restrictions, rules, and regulations governing the use
of and activities on the Lots and the Common Areas set forth in Exhibit "C," as they may be
changed in accordance with Article III or otherwise amended from time to time.
"Wetland": Any area within the Community identified or designated as habitat for
wetland species of plants and/or animals by the St. Johns River Water Management District, or
by the County, or by the United States Army Corps of Engineers, or by any other agency of the
State of Florida or the United States government, whether or not such area is included within the
Surface Water and Storm Water Management System, or is an isolated area that is not connected
to the Surface Water and Storm Water Management System.
2.2. Interpretation of Certain References.
(a) Recording. All references in the Governing Documents to a "recorded" legal
instrument, or to recordation or the recording of a legal instrument, shall refer to an instrument
filed, or the filing of a legal instrument, in the public records of the County, or such other place
designated as the official location for filing documents affecting title to real estate in the County
in order to make them a matter of public record.
(b) Consent or Approval. All references in the Governing Documents to "consent" or
"approval" shall refer to permission or approval which, unless otherwise expressly qualified in
the specific provision, may be granted or withheld in the discretion of the Person whose consent
or approval is required.
(c) Discretion and Determinations. All references in the Governing Documents to
"discretion" or to the right to "determine" any matter shall refer to the sole and absolute power or
right to decide or act and, unless otherwise expressly limited in the Governing Documents, a
Person entitled to exercise its discretion or make a determination may do so without regard to the
U:\Orlando\Transactions\Heritage Park 08..() I-006\DCCRs.Clean-R6.dO'lf'
reasonableness of, and without the necessity of justifying, the decision, determination, action or
inaction.
Article III
Use and Conduct
3.1.
Restrictions on Use, Occupancy, and Alienation.
In addition to the initial Use Restrictions set forth Exhibit "C" which may be modified
as provided below, the Lots shall be subject to the following. The restrictions set forth in this
Section may be amended only in accordance with Article xx.
(a) Residential and Related Uses. Lots shall be used primarily for residential and
related purposes. No business shall be conducted in, on, or from any Lot, except that an
occupant residing in the dwelling on a Lot may conduct business activities on such Lot ancillary
to their primary residential use, if the business activity, as determined in the Board's discretion:
(i) is not apparent or detectable by sight, sound, or smell from outside of a
permitted structure;
(ii) complies with applicable zoning and other legal requirements and other
requirements of this Declaration;
(iii) does not involve regular vIsitation of the Lot by clients, customers,
suppliers, or other business invitees, or door-to-door solicitation within the Community; and
(iv) is consistent with the residential character of the Community and does not
constitute a nuisance, or a hazardous or offensive use, or threaten the use and enjoyment of other
Lots by the Owner thereof or the security or safety of others within the Community.
"Business" shall have its ordinary, generally accepted meaning and shall include, without
limitation, any occupation, work, or activity undertaken on an ongoing basis which involves
providing goods or services to Persons other than the family of the producer and for which the
producer receives a fee, compensation, or other form of consideration, regardless of whether (A)
such activity is engaged in full or part time, (B) such activity is intended to or does generate a
profit, or (C) a license is required.
No Lot shall be rezoned to any classification allowing commercial, institutional, or other
non-residential use without the express written consent of the Association and Declarant, which
either may withhold in its discretion. Declarant or the Association may enforce this covenant by
obtaining an injunction against any unapproved rezoning at the expense of the party pursuing the
unapproved rezoning, in addition to and not in limitation of Declarant's or the Association's other
rights and remedies. Notwithstanding the foregoing, Owners are advised that the authority to
rezone land is a governmental function of the City, and the Association has no power to rezone
land. This provision is contractual in nature, and all Owners agree that they will not apply for
rezoning by the City without the express written consent of the Declarant and the Association.
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This Section shall not apply to restrict Declarant's, or Declarant's Affiliates', activities,
nor shall it restrict the activities of Persons Declarant approves with respect to the development,
construction, and sale of property in the Community. This Section shall not apply to Association
activities related to the provision of services or to operating and maintaining the Community,
including the Community's recreational and other amenities.
Leasing of a single Lot by the Owner thereof for residential occupancy shall not be
considered a "business" within the meaning of this subsection; however, no Owner or group of
Owners who are Affiliates shall, on their own behalf or through any agent, engage in leasing
activity with respect to multiple Lots at the same time.
(b) Leasing. For purposes of this Declaration, "leasing" is the regular, exclusive
occupancy of a dwelling by any Person other than the Owner, for which the Owner receives any
consideration or benefit, including, without limitation, a fee, service, or gratuity. The
improvements on the Lot may be leased only in its entirety (e.g., separate rooms within the same
dwelling may not be separately leased).
All leases shall be in writing and shall have a term of at least six months, except with
the Board's prior written consent. No Owner may rent all or a portion of a Lot more than
once in any 12-month period, even if a tenant defaults on a lease or abandons the Lot
before expiration of the lease term. The restrictions on lease terms set forth in this
paragraph shall not apply to Lots owned or leased by Declarant, its Affiliates, or Persons
Declarant approves, in connection with their development, construction, or sale of property
in the Community.
All leases shall include an acknowledgment by the tenant that the tenant and all occupants
of the leased Lot are bound by and obligated to comply with the Governing Documents and that
the tenant has received a copy of the Governing Documents. The Owner shall be responsible for
providing a copy of the Governing Documents to the tenant prior to execution of the lease and
shall monitor enforcement and compliance with the Governing Documents by the tenant.
Each lease shall set forth the name, address, and telephone number of the Lot's
Owner and of the tenant(s); the date the tenant's occupancy commences and ends; a
description of each motor vehicle owned or operated by the tenant or members of the
tenant's household; and a description of all pets to be kept at the Lot.
If an Owner elects to permit a tenant to sublease during the term of the lease, such
sublease shall be subject to the limitations and requirements established in this Declaration to the
same extent and effect as the original lease.
Within 10 days of a lease being signed for a Lot, the Owner shall notify the Board or the
Association's managing agent of the lease and provide a copy of such lease and such additional
information the Board may reasonably require. An Owner proposing to lease a Lot may obscure
the rental and deposit amounts in the copy of the proposed lease submitted to the Board so long
as the lease contains the information listed above. In addition to this subsection (b), the Board
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.
may, from time to time, adopt reasonable Use Restrictions and rules regulating leasing and
subleasing.
No Owner may assign or otherwise transfer the Owner's obligations under this
Declaration to any tenant. The Association shall have the right to enforce the covenants,
conditions, and restrictions set forth in this Declaration against the Owner, the tenant, or any
member of the tenant's household, individually or collectively. The Association shall not be
bound by any provision in the lease or other agreement between Owner and his or her tenant
requiring prior notice or imposing other conditions on the rights of the Association.
The Association shall be deemed a third party beneficiary of all leases of Lots, and shall
have the right, but not the obligation, to enforce the terms and conditions of such leases against
the tenant or the Owner. Notwithstanding the foregoing, the Association's failure..to object to
any term or condition of a lease or occupancy arrangement shall not be deemed to be consent or
approval of any term or condition of the lease, nor shall the Association have any obligation
whatsoever for the performance of any obligation of Owner or tenant contained in the lease or
otherwise.
Notwithstanding any condition of any lease to the .contrary, each Owner, by acceptance of
the deed to a Lot, hereby covenants and agrees with the Association and all other Owners of Lots
in the Community, including, but not limited to, Declarant, that the Owner shall be responsible
for any violation of the Governing Documents resulting from the acts or omissions of his or her
tenant, other occupants of the leased Lot, and their respective guests to the same extent that
Owner would be liable for such violation if it had resulted from the acts or omissions of the
Owner or a member of the Owner's household or guests. The Owner's obligations hereunder
shall be deemed a guaranty of performance by his or her tenant, and the Association shall have
the right to take any action or seek any remedy for the tenant's failure or refusal to comply with
the Governing Documents directly from or against the Owner without first taking such action or
obtaining such remedy from or against the tenant.
(c) Occupants Bound. Every Owner shall cause anyone occupying or visiting his or
her Lot to comply with the Governing Documents and shall be responsible for all violations and
losses they cause to the Common Maintenance Areas, notwithstanding the fact that such Persons
also are personally responsible for complying and may be sanctioned for any violation.
(d) Subdivision of a Lot. Lots may not be subdivided or their boundary lines changed
except with Declarant's or the Board's prior written approval. Declarant may subdivide, change
the boundary lines of, and replat any Lot it owns without Board approval, provided Declarant has
City approval. In addition, if Declarant, or any Declarant Affiliate, owns any portion of the
Community, it may convert Lots it owns into Common Area.
(e) Lodging; Timeshares. No Lot may be used as a rooming house, hostel, or hotel.
Timesharing or other arrangements involving more than three ownership interests in a Lot
(including ownership by more than three Persons as joint tenants or tenants-in-common), or
assigning separate use periods ofless than 180 consecutive days' duration, are prohibited.
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3.2. Amendment of Use Restrictions.
(a) Subject to the terms of this Article and the Board's duty to exercise business
judgment and reasonableness on behalf of the Association and the Members, the Board may
adopt or change (i.e., modify, cancel, limit, create exceptions to, or add to) the Use Restrictions;
however, during the Development and Sale Period the Board shall be required to obtain
Declarant's written consent. The Board shall send the Members notice of any proposed change at
least five business days before the Board meeting at which such change will be considered. The
Members shall have a reasonable opportunity to be heard at such Board meeting.
The proposed change shall be approved unless disapproved by a majority of the Class "A"
votes and by the Class "B" Member, if any. The Board is not obligated to call a meeting of the
Members to consider disapproval unless it receives a petition that meets the By-Laws
requirement for special meetings. If the Board receives such a petition before the effective date
of the change, the change shall not become effective until after a meeting is held, and then
subject to the outcome of the meeting.
(b) Alternatively, members representing a maJonty of the Class "A" votes, at an
Association meeting duly called for such purpose, may vote to change the Use Restrictions then
in effect. Any such change during the Development and Sale Period shall require approval of the
Declarant.
(c) Before any Use Restriction change becomes effective, the Board shall send a copy
of the new or changed Use Restriction to each Owner. The change shall not become effective
until 30 days following distribution to the Owners. The Association shall provide to any
requesting Member or Mortgagee, at no charge, a copy of the Use Restrictions then in effect.
(d) No action taken under this Article shall have the effect of modifying, repealing, or
expanding the Architectural Guidelines or any provision of this Declaration other than the Use
Restrictions. In the event of a conflict between the Architectural Guidelines and the Use
Restrictions, the Architectural Guidelines shall control. In the event of a conflict between the
Use Restrictions and any provision within this Declaration (exclusive of the Use Restrictions),
the Declaration provision shall control.
(e) The procedures described in this Section 3.2 are not intended to apply to reasonable
rules and regulations relating to use and operation of the Common Area, which the Board may
adopt by resolution, or other administrative rules, unless the Board chooses, in its discretion, to
submit to such procedures.
(f) Except as may be set forth in this Declaration (either initially or by amendment), the
Association's actions with respect to Use Restrictions and rules must comply with the following:
(i) Displays. Owners' rights to display religious and holiday signs, symbols, and
decorations on their Lots of the kinds normally displayed in residential neighborhoods with
homes of comparable type, quality, and price range to those in the Community shall not be
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further abridged, except that the Association may adopt time, place, size, number, and manner
restrictions with respect to such displays.
(ii) ~. To the extent that signs are permitted under Article IV, the Association
shall not regulate the content of political signs; however, it may regulate the time, place, size,
number, and manner of posting such signs (including design criteria).
(iii) Activities Within Dwellings. The Association shall not interfere with
actiVIties carried on within a dwelling, except that it may prohibit activities not normally
associated with residential property, and it may restrict or prohibit activities that create monetary
costs for the Association or other Owners, that create a danger to anyone's health or safety, that
generate excessive noise or traffic, that create unsightly conditions visible outside the dwelling,
that create undesirable odors or noise noticeable to persons"outside the dwelling, or that are an
unreasonable source of annoyance. .
(iv) Alienation. The Association shall not prohibit leasing or transfer of any Lot,
or require the Association's or the Board's consent prior to leasing or transferring a Lot. The
Association may impose restrictions on leasing, in addition to those set forth in this Article, and
may require that Owners use Association-approved lease forms (or include specific lease terms)
and may impose a reasonable review or administrative fee on the lease or transfer of any Lot.
(iv) Abridging Existing Rights. The Association may not require an Owner to
dispose of personal property that was in or on a Lot in compliance with previous rules. This
exemption shall apply only during the period of such Owner's ownership of the Lot and shall not
apply to subsequent Owners who take title to the Lot after adoption of the rule.
(v) Right to Develop. The Association may not impede Declarant's right to
develop, market, or sell the property described on Exhibits "A" and "R"
The limitations in paragraphs (i) through (iv) of this subsection (f) shall not apply to
amendments to this Declaration adopted in accordance with Article XX.
3.3. Owners' Acknowledgment and Notice to Purchasers.
Each Owner, by accepting a deed, acknowledges and agrees that the use, enjoyment,
and marketability of his or her Lot is limited and affected by the Use Restrictions and
Board rules, which may change from time to time. All Lot purchasers are on notice that
the Association may have adopted changes to the Use Restrictions and that such changes
mayor may not be set forth in a recorded document. Copies of the current Use Restrictions
and Board rules may be obtained from the Association.
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Article IV Architecture and Landscaping
4.1. General.
Ex~ept for work done by or on behalf of Declarant or any Declarant Affiliate, no structure
or thing shall be placed, erected, or installed upon any Lot, and no improvements or other work
(including, without limitation, staking, clearing, excavation, grading and other site work, exterior
alterations or additions, or planting or removal of landscaping) shall take place within the
Community, except in compliance with this Article and the Architectural Guidelines.
Any Owner may remodel, paint, or redecorate the interior of any structure on his or her
Lot without approval hereunder. However, modifications to the interior of screened porches,
patios, and any other portions of a Lot or structure visible from outside a structure are subject to
approval under this Article.
Improvements shall be constructed only by qualified Persons acceptable to the Reviewer
(as defined in Section 4.2(c)). Owners shall be responsible for obtaining all permits and
approvals from the County and other governmental agencies.
This Article does not apply to Declarant's, or its Affiliates', activities, nor to the
Association's activities during the Class "B" Control Period.
4.2. Architectural Review.
(a) By Declarant. Declarant shall have exclusive authority to administer and enforce
architectural controls and to review and act upon all applications for architectural and other
improvements within the Community. Declarant's rights under this Article shall continue until
termination of the Development and Sale Period, unless Declarant earlier terminates its rights in
a recorded instrument. Declarant may designate one or more Persons to act on its behalf in
reviewing any application. In reviewing and acting upon any request for approval, Declarant or
its designee acts solely in Declarant's interest and owes no duty to any other Person.
Declarant may from time to time delegate or assign all or any'portion of its rights under
this Article to any other Person or committee, including the Architectural Review Board. Any
such delegation shall be in writing, shall specify the delegated responsibilities, and shall be
subject to (i) Declarant's right to revoke such delegation at any time and reassume its prior
jurisdiction, and (ii) Declarant's right to veto any decision which it determines, in its discretion,
to be inappropriate or inadvisable for any reason. So long as Declarant has any rights under this
Article, the jurisdiction of other entities shall be limited to such matters as Declarant specifically
delegates.
(b) Architectural Review Board. Upon Declarant's delegation or upon expiration or
termination of Declarant's rights under this Article, the Association, acting through the ARB,
shall assume jurisdiction over architectural matters. When appointed, the ARB shall consist of at
least three, but not more than five, persons. Members of the ARB need not be Members of the
Association or representatives of Members, and may, but need not, include architects, engineers,
or similar professionals, who may be compensated in such manner and amount, if any, as the
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Board may establish. The ARB members shall serve and may be removed and replaced in the
Board's discretion.
Unless and until such time as Declarant delegates any of its reserved rights to the ARB or
Declarant's rights under this Article terminate, the Association shall have no jurisdiction over
architectural matters.
(c) Reviewer. For purposes of this Article, the "Reviewer" IS the Person having
jurisdiction under this Section in a particular case.
(d) Fees; Assistance. The Reviewer may establish and charge reasonable fees for its
review of applications and may require that such fees be paid in advance. Such fees may include,
without limitation, the reasonable costs incurred in having any application reviewed by
architects, engineers, or other professionals the Reviewer employs or with whom it contracts.
The Board may include the compensation of such Persons in the Association's annual operating
budget.
4.3. Guidelines and Procedures.
(a) Architectural Guidelines. Declarant may prepare the initial Architectural
Guidelines, which may contain general provisions applicable to all of the Community as well as
specific provisions that may vary according to location within the Community or product type.
The Architectural Guidelines are intended to provide guidance to Owners regarding matters of
particular concern to the Reviewer. The Architectural Guidelines are not the exclusive basis for
the Reviewer's decisions, and compliance with the Architectural Guidelines does not guarantee
an application's approval.
Declarant shall have sole and full authority to amend the Architectural Guidelines, from
time to time, during the Development and Sale Period. Declarant's right to amend shall continue
even if its reviewing authority is delegated to the ARB, unless Declarant also delegates the power
to amend to the ARB. Upon termination or delegation of Declarant's right to amend, the Board
may amend the Architectural Guidelines, subject to Declarant's veto right under Section 4.2(a) (if
still applicable).
Amendments to the Architectural Guidelines shall be prospective only. They shall not
require modifications to or removal of structures, improvements, and other things previously
approved once the approved construction or modification has begun. However, any new work on
. such structures must comply with the Architectural Guidelines as amended and the Developer's
Agreement, if applicable. Subject to the Community-Wide Standard, there is no limit to the
scope of amendments to the Architectural Guidelines, and such amendments may remove
requirements previously imposed or otherwise make the Architectural Guidelines less restrictive.
The Reviewer shall make the Architectural Guidelines available to Owners and builders
who seek to engage in development or construction within the Community. In Declarant's
discretion, the Architectural Guidelines may be recorded, in which event the recorded version, as
it may be amended from time to time, shall control in the event of any dispute as to which
version of the Architectural Guidelines was in effect at any particular time.
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(b) Procedures. Unless the Architectural Guidelines provide otherwise, no
construction activities or other activities described in Section 4.1 may begin until a request is
submitted to and approved in writing by the Reviewer. The request must be in writing and be
accompanied by plans and specifications and other information the Reviewer and/or the
Architectural Guidelines require. Plans and specifications shall show, as applicable, site layout,
structural design, exterior elevations, exterior materials and colors, landscaping, drainage,
exterior lighting, irrigation, and other features of proposed construction or other activity as the
Reviewer deems relevant.
In reviewing each submission, the Reviewer may consider any factors it deems relevant,
including, without limitation, harmony of the proposed design with surrounding structures and
environment. Decisions may be based on purely aesthetic considerations. Each Owner
acknowledges that aesthetic determinations are purely subjective and that opinions may vary as
to the desirability and/or attractiveness of particular improvements. The Reviewer shall have the
discretion to make final, conclusive, and binding determinations on matters of aesthetic judgment
and s~ch determinations are not subject to review so long as they are made in good faith and in
accordance with the required procedures.
The Reviewer shall make a determination on each application within 45 days after receipt
of a completed application and all other information the Reviewer requires. The Reviewer may
permit or require that an application be submitted or considered in stages, in which case, a final
decision shall not be required until 45 days after the final, required submission stage. The
Reviewer may (i) approve the application, with or without conditions; (ii) approve a portion of
the application, with or without conditions, and disapprove other portions; or (iii) disapprove the
application. The Reviewer shall notify the applicant in writing of a final determination on any
application. In the case of disapproval, the Reviewer may, but shall not be obligated to, specify
the reasons for any objections and/or offer suggestions for curing any objections.
After the initial 45-day period has elapsed, if the Owner has not received notice of the
Reviewer's determination, the Owner may make a second written request for approval of the
plans previously submitted which shall be marked "Second Request." If the Reviewer fails to
respond within 5 business days from receipt of the Second Request, approval shall be deemed
given. However, no approval, whether expressly granted or deemed granted, shall be
inconsistent with the Architectural Guidelines or other Governing Documents unless a written
variance has been granted pursuant to Section 4.5.
Notwithstanding anything to the contrary in this Declaration or the By-Laws, Owners
shall send any such "Second Request" via the U. S. Postal Service, certified mail, return receipt
requested, or by commercial overnight carrier that obtains a signed receipt upon delivery. A
Second Request shall be deemed made, and the 5 business day time period shall commence
running, on the date of the Reviewer's actual receipt of the Second Request, as evidenced by its
signature on the return receipt provided by the U. S. Postal Service or in the records of the
overnight carrier, as applicable.
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As part of any approval, the Reviewer may require that construction and landscaping in
accordance with approved plans commence and be completed within a specified time period. If
construction does not commence within the required period, the approval shall expire and the
Owner must reapply for approval before commencing any activities within the scope of this
Article. Once commenced, such activities must be diligently pursued to completion. All
elements of the approved plans shall be completed within one year of commencement unless a
shorter or longer period is otherwise specified in the notice of approval or the Architectural
Guidelines, or unless the Reviewer, in its discretion, grants an extension in writing. If approved
work is not completed within the required time, it shall be in violation of this Article and shall be
subject to enforcement action by the Association or Declarant.
Any approvals granted under this Article are conditioned upon completion of all elements
of the approved work, unless written approval to modify any application has been obtained.
Declarant or the ARB, by resolution, may exempt certain activities from the application
and approval requirements. of this Article, provided such activities are undertaken in strict
compliance with the requirements of such resolution.
4.4. No Waiver of Future Approvals.
Each Owner acknowledges that the people reviewing applications under this Article will
change from time to time and that opinions on aesthetic matters, as well as interpretation and
application of the Architectural Guidelines, may vary accordingly. In addition, each Owner
acknowledges that it may not always be feasible to identify objectionable features until work is
completed, at which time, it mayor may not be unreasonable to require that such objectionable
features be changed. However, the Reviewer may refuse to approve similar proposals in the
future. Approval of applications or plans shall not constitute a waiver of the Reviewer's right to
withhold approval of similar applications, plans, or other matters subsequently or additionally
submitted for approval.
4.5. Variances.
The Reviewer may authorize variances from compliance with the Architectural
Guidelines and any procedures when circumstances such as topography, natural obstructions,
hardship, or aesthetic or environmental considerations require. No variance shall (a) be effective
unless in writing; (b) be contrary to this Declaration; or (c) prevent the Reviewer from denying a
variance in other circumstances. A variance requires Declarant's written consent during the
Development and Sale Period and, thereafter, requires the Board's written consent. Variance
requested shall be in accordance with the City Code and the Developer's Agreement (Exhibit
"F"), if applicable.
4.6. Limitation of Liability.
This Article establishes standards and procedures as a mechanism for maintaining and
enhancing the overall aesthetics of the Community. The standards and procedures do not create
any duty to any Person. Review and approval of any application pursuant to this Article may be
based on purely aesthetic considerations. The Reviewer is not responsible for the structural
integrity or soundness of approved construction or modifications, for compliance with building
U:\Orlando\Transactions\Heritage Park 08-0 l-006\OCCRs.Clean-R6.d1<6
codes and other governmental requirements, or for ensuring that every dwelling is of comparable
quality, value, or size, of similar.design, or aesthetically pleasing or otherwise acceptable to other
Owners.
Declarant, Declarant's Affiliates, any predecessor Declarant, the Association, its officers,
the Board, the ARB, the Association's management agent, any committee, or any member of any
of the foregoing shall not be held liable for the approval of, disapproval of, or failure to approve
or disapprove any plans; soil conditions, drainage, or other general site work related to approved
work; any defects in plans revised or approved hereunder; any loss or damage arising out of the
action, inaction, integrity, financial condition, or quality of work of any contractor or its
subcontractors, employees, or agents, ~hether or not Declarant has approved or featured such
contractor as a builder in the Community; or any injury, damages, or loss arising out of the
manner or quality or other circumstances of approved construction on or modifications to any
Lot. In all matters, the Association shall defend and indemnify and hold harmless the Board, the
ARB, the members of each, and the Association officers as provided in the Articles.
4.7. Enforcement.
Any construction, alteration, or other work done in violation of this Article or the
Architectural Guidelines is subject to enforcement action pursuant to Section 7.4. Any act of any
contractor, subcontractor, agent, employee, or invitee of an Owner shall be deemed to be an act
done by or on behalf of such Owner.
Article V Maintenance and Repair
5.1. Maintenance of Lots.
(a) Each Owner must maintain his or her Lot, including all structures, landscaping,
and other improvements comprising the Lot, in a manner consistent with the Governing
Documents, the Community-Wide Standard, and any other applicable covenants, except to the
extent that such maintenance responsibility is assigned to or assumed by the Association, or
assigned to the Association under this Declaration or any Supplemental Declaration or additional
covenants applicable to such Lot.
(b) The Association shall perform, or cause to be performed, the following on Lots:
(i) maintenance (including, mowing, fertilizing, watering, pruning, and
replacing, and controlling disease and insects), of all lawns and landscaping installed on the Lot
as part of the initial construction on the Lots, specifically excluding landscaping within any
enclosed area not readily accessible from outside the dwelling;
(ii) power washing and painting of all exterior painted portions of any
dwelling, including any garage, garage door, exterior doors, shutters, facia on the dwelling, and
any fence erected along the Lot boundaries as part of the original construction on the Lots or any
replacement thereof ("Boundary Fences");
(iii) cleaning, repair and/or replacement of the roofs (including only shingles,
underlayment, and roof decking) of dwellings and garages;
U:\Orlando\Transactions\HeTitage Park 08-0] -006\DCCRs.Clean-R6.d19
;,
(iv) repair and replacement of any Boundary Fences;
(v) operation, maintenance, repair, and replacement of any irrigation
equipment (including, without limitation, any sprinklers, pumps, wells, water lines, and time
clocks, wherever located) serving the Lots, except that the Association shall have no
responsibility for any sprinklers or other irrigation equipment installed by the Owner or
occupants of any Lot after issuance of a certificate of occupancy for the dwelling on the Lot;
(vi) termite treatment of all exterior walls and foundations of dwellings and
garages provided that the Association shall not be liable if such treatment proves to be
ineffective;
(vii) repair or replacement of any garage door and exterior door hardware, not
including any garage door openers; provided, however, the cost of such repair/replacement shall
be assessed against the Owner of the Lot as a Benefited Assessment;
(viii) repair or replacement of any lamp post(s) and mail kiosk originally
installed by Declarant, whether on Lot or in the common area; and
(ix) caulking of the exterior portions of any windows or doors.
The Association shall not be responsible for any maintenance or repairs to any glass
surfaces, any screening, anything contained within any dwelling, garage, or courtyard, or any
improvements, or modifications added or made to any Lot after the conveyance of the Lot by
Declarant.
All other portions of the Lots (and the improvements located thereon) shall be the
responsibility of the respective Owners, including, without limitation, maintenance, repair, and
replacement, as necessary, of all pipes, lines, wires, conduits, air conditioning equipment, or
other equipment or apparatus which serve only the Lot, whether located within or outside the
Lot's boundaries (including, but not limited to, all utility lines and pipes serving only'the Lot) and
all landscaping located in the rear of the Lot and not readily accessible from outside the dwelling.
(c) Declarant or a builder may have constructed or installed drainage swales, drainage
lines, and/or other equipment on a Lot for the purpose of managing and/or containing the flow of
excess surface water, if any, found upon such Lot from time to time. Except to the extent that
such responsibility is assigned to or assumed by the Association pursuant to this Declaration or
any Supplemental Declaration, each Owner shall be responsible for the maintenance, operation,
and repair of such drainage swale(s), drainage lines, and other equipment on his or her Lot.
Maintenance, operation, and repair shall include, without limitation, the exercise of practices,
such as mowing and erosion repair, which allow the ~rainage swales, drainage lines, and other
equipment to provide drainage, water storage, conveyance, or other storm water management
capabilities as permitted by the St. Johns River Water Management District. Filling, excavation,
construction of fences, or otherwise obstructing the surface water flow in or into the drainage
swales, drainage lines, and other equipment is prohibited. No alteration of a drainage swale,
U:\Orlando\Transactions\Heritage Park 08-0 1-006\DCCRs,Clean-R6.d~'8
drainage lines, and other equipment shall be authorized and any damage to any drainage swale,
drainage lines, and other equipment, whether caused by natural or human-induced phenomena,
shall be repaired and the drainage swale returned to its former condition as soon as possible by
the Owner(s) of the Lot upon which the drainage swale, drainage lines, and other equipment is
located. Correction of drainage or erosion or removal of trees or vegetation by Declarant
shall be subject to compliance with the permitting and approval requirements of the City,
if any.
(d) Unless otherwise specifically provided in the Governing Documents or in other
instruments creating and assigning maintenance responsibility, responsibility for maintenance
includes responsibility for repair and replacement. The maintenance, repair, replacement, and
other obligations of the Association and Owner specified in this Declaration shall be performed
as and when the Board determines it necessary to maintain the property to a level consistent with
the Community-Wide Standard.
5.2. Insurance on Lots; Casualty Losses.
Each Owner shall maintain property insurance providing fire and extended coverage at
full replacement cost, less a reasonable deductible, on all insurable improvements located on
such Owner's Lot, to the extent such responsibility is not assigned to or assumed by the
Association pursuant to this Declaration or any applicable Supplemental Declaration. In
addition, every Owner shall be obligated to obtain and maintain at all times insurance covering
consequential damages to any other Lot or the Common Area due to occurrences originating
within the Owner's Lot caused by the negligence of the Owner, the failure of the Owner to
maintain the Lot, and any other casualty within the Lot which causes damage to the Lots or the
Common Area, to the extent such coverage is not provided by policies maintained by the
Association or to the extent insurable losses may result in the Owner's liability for payment of
deductibles under the Association's policies. Such insurance policies shall name the Association
as an additional insured.
Each Owner shall provide a certificate evidencing such insurance to the Association
within 10 days of any written request from the Board of Directors. Each Owner shall promptly
notify the Board in writing in the event such policy on his or her Lot is canceled. In the event
that an Owner fails to obtain any insurance which the Owner is required to obtain hereunder, or
permits such insurance to lapse, the Association may, but shall not be obligated to, obtain such
insurance on behalf of the Owner and assess the costs thereof to the Owner and the Owner's Lot
as a Benefited Assessment.
If the Owner is required to obtain insurance hereunder and such insurance is insufficient,
the Association shall be relieved of any obligation to maintain, repair, and replace damaged or
destroyed portions of the Owner's Lot, to the extent of such insufficiency. Alternatively, the
Association may perform required repairs, whether the responsibility of the Association or the
Owner, and assess all costs to the Owner and the Owner's Lot as a Benefited Assessment
pursuant to Section 8.4.
U:\Orlando\Transactions\Heritage Park 08-0 1-006\DCCRs.Clean-R6.d1~
In the event of damage to or destruction of a structure on a Lot, the Owner shall promptly
repair or reconstruct the structure in a manner consistent with the original construction or other
plans and specifications approved in accordance with Article IV.
Article VI The Association and its Members
6.1. Function of Association.
The Association is the entity responsible for management, maintenance, operation, and
control of the Common Maintenance Areas. The Association also has primary responsibility for
administering and enforcing the Governing Documents. The Association shall perform its
functions in accordance with the Governing Documents and Florida law. The Board shall be
responsible for management of the Association and may contract with a property manager for
such purposes. The Board is appointed or elected as provided in the By-Laws. Membership in
the Association is appurtenant to and may not be severed from the Lot. The rights and
obligations of a Member may not be assigned or delegated except as provided in this Declaration,
the Articles of Incorporation, or By-Laws of the Association, and shall automatically pass to the
successor-in-interest of any Owner upon conveyance of such Owner's interest in the Lot.
6.2. Membership.
The Association initially shall have two classes of membership, Class "A" and Class "B."
Class "A" Members are all Owners except the Class "B" Member. The sole Class "B" Member
shall be Declarant. The Class "B" membership shall terminate upon the earlier of (i) upon the
conveyance of 75% of the Lots to homeowners other than Declarant; (ii) April 30,2010; or (iii)
earlier, if the Class "B" Member, in its discretion, so determines. Notwithstanding the above,
there shall be only one Class "A" membership per Lot. If a Lot is owned by more than one
Person, each co-Owner shares the privileges of the membership, subject to reasonable Board
regulation and the voting restrictions described in Section 6.3(a) and in the By-Laws. Co-
Owners are jointly and severally obligated to perform the responsibilities of an Owner. The
membership rights of an Owner that is not an individual (e.g., a corporation) may be exercised by
any officer, director, partner, or trustee, or by an individual the Owner designates from time to
time in a written instrument provided to the Association's Secretary.
6.3. Voting.
(a) Class "A". Class "A" Members have one equal vote for each Lot they own, except
that there is only one vote per Lot. No vote shall be exercised for any property which is exempt
from assessment under Section 8.8.
In any situation where there is more than one Owner of a Lot, the vote for such Lot shall
be exercised as the co-Owners determine among themselves and advise the Secretary of the
Association in writing prior to the vote being taken. Absent such advice, the Lot's vote shall be
suspended if more than one Person seeks to exercise it.
(b) Class "B". The Class "B" Member shall not have any specific number of votes,
but may appoint a majority of the Board members during- the Class "B" Control Period, as
U:\Orlando\Transactions\Heritage Park 08-0 1-006\DCCRs.Clean-R6.d20
specified in the By-Laws, and may exerCIse the additional rights specified throughout the
Governing Documents.
Upon termination of the Class "B" membership, Declarant shall be a Class "A" Member
entitled to one Class "A" vote for each Lot it owns.
Article VII Association Powers and Responsibilities
7.1. Acceptance and Control of Association Property.
(a) The Association may acquire, hold, mortgage or otherwise encumber, lease (as
landlord or tenant), operate, and dispose of tangible and intangible personal property and real
property, subject to the provisions of Section 16.9. The Association may enter into leases,
licenses, or operating agreements, for payment or no payment, as the Board deems appropriate,
permitting use of portions of the Common Area by others.
(b) Declarant or its designees may, from time to time, transfer to the Association, and
the Association shall accept, personal property and/or fee title or other property interests in any
improved or unimproved real property included within the property described in Exhibit" A" or
"B." Subject to the provisions of Section 16.9, upon Declarant's request, the Association shall
transfer back to Declarant or its designees any real property which has not been improved by a
structure intended for occupancy, whether or not such property has been improved by
landscaping, decorative walls, signs, irrigation, utilities, or other improvements, if originally
conveyed to the Association for no payment.
(c) The Association is responsible for management, operation, and control of the
Common Area, subject to any covenants, easements, or restrictions set forth in the deed or other
instrument transferring the property to the Association. The Board may, from time to time, adopt
such reasonable rules regulating use of the Common Area as it deems appropriate. The
Association may enter into a property management agreement with any Person, including
Declarant or any Declarant Affiliate.
(d) Declarant may elect to construct or install certain improvements or facilities upon
portions of the Common Area, but is not obligated to do so and may elect to leave portions of the
Common Area in their natural unimproved state. Subject to the requirements of the County, as
more fully described in Article XXI, Declarant shall have the absolute right and power to
determine what improvements or facilities, if any, will be located on the Common Area during
the Development and Sale Period.
(e) Declarant hereby reserves the right, at all times after conveyance of the Common
Area to the Association, to enter the Common Area, without prior notice, and to inspect the
condition thereof and the improvements and facilities thereon, if any. If Declarant determines, in
its sole judgment, that the Association has failed to maintain any portion of the Common Area in
a manner consistent with the Community-Wide Standard, it may so notify the Association, in
writing, and the Association shall promptly perform the required maintenance. or repairs. Fai!ure
of the Association to maintain the Common Area in a manner consistent with the Community-
U:\Orlando\Transactions\Heritage Park 08-0 1-006\DCCRs.Clean-R6.dPl
Wide Standard shall relieve Declarant and any predecessor Declarant of any liability to the
Association or to any Member for any condition of the Common Area. Declarant shall have the
right to make a record of its inspections by any means available, including, but not limited to,
photographing and/or videotaping the Common Area, and shall have the right to perform tests or
examinations to determine the condition of the Common Area. Notwithstanding the foregoing,
Declarant shall have no obligation to perform inspections of the Common Area owned by the
Association, and .the Association shall not be relieved of its obligation to maintain the Common
Area because of the election of Declarant or any predecessor Declarant to inspect or not to
inspect or report to the Association the condition ofthe Common Area.
7.2. Maintenance of Common Maintenance Areas.
The Association shall maintain the Common Maintenance Areas in accordance with the
Community- Wide Standard. The Common Maintenance Areas shall include, but are not limited
to (a) the Common Area, including landscaping, irrigation, structures, and other improvements,
as well as all private streets, if any, street lights, sidewalks, signage, entry and gate features
serving the Community, any community pool, lift station (unless dedicated to the City or other
municipality), open spaces, perimeter walls/fencing around the boundary of the community, if
any, wetland areas, landscape buffers, and tot lot; (b) landscaping within public rights-of-way
within or abutting the Community; (c) such portions of Lots as are specifically identified as the
Association's responsibility under Section 5.1 or any Supplemental Declaration; (d) such portions
of any additional property as may be dictated by Declarant, this Declaration, any Supplemental
Declaration, any Plat, or any contract, covenant, or agreement for maintenance entered into by, or
for the benefit of, the Association; and (e) all ponds, streams, ditches, culverts, and/or wetlands
located within the Community which serve as part of the Surface Water and Storm Water
Management system, including associated improvements and equipment, but not including any
such areas, improvements, or equipment maintained by the County, a community development
district, or any other governmental or quasi-governmental body.
The Association shall maintain the littoral shelf, if any, of all culverts, ditches, or
waterways serving as part of the Surface Water and Storm Water Management system, which
maintenance may include, without limitation, appropriate landscaping and plantings.
The Association may maintain other property that it does not own, including property
dedicated to the public, if the Board determines that such maintenance is necessary or desirable
to maintain the Community-Wide Standard and the owner of such other property consents. The
Association shall not be liable for any damage or injury occurring on or arising out of the
condition of property which it does not own except to the extent that it has been grossly negligent
in performing its maintenance responsibilities.
The Association shall maintain the facilities and equipment within the Common
Maintenance Areas in continuous operation, except for any periods necessary, as the Board may
determine in its discretion, to perform required maintenance, repairs, or replacement, unless
Members representing at least 75% of the Class "A" votes agree in writing to discontinue such
operation (which may include closing and/or demolishing such facilities or equipment).
Notwithstanding the above, the Common Maintenance Areas may not be reduced, nor shall
U:\Orlando\Transactions\Heritage Park 08-01-006\DCCRs.Clcan-R6.d21
operation of its facilities and equipment be discontinued, without Declarant's prior written
approval during the Development and Sale Period.
Unless otherwise provided in this Declaration or any applicable Supplemental
Declaration, the costs associated with maintenance, repair, and replacement of the Common
Maintenance Areas shall be a Common Expense, except that such costs associated with Limited
Common Areas shall be a Limited Common Expense. However, the Association may seek
reimbursement from the owner(s) of, or other Persons responsible for, certain portions of the
Common Maintenance Areas pursuant to this Declaration, a Supplemental Declaration, the
Maintenance Agreement, or other recorded covenants or agreements. The entrance road to the
Community shall be shared by the Association, the members, and the owners, tenants, and guests
of the commercial property located at the corner of State Road 434 and the entrance road to the
Community. The commercial property owner shall, subject to a joint use and maintenance
agreement, pay for 50% of the maintenance of the entrance road from State Road 434 to the
Community entrance key pad area.
Unless Declarant expressly agrees in writing with the Association to pay the costs of
,maintaining any portion of the Common Maintenance Areas, Declarant shall have no such
obligation, regardless of any inferences which may be drawn from promotional or other
materials.
7.3. Insurance.
The Association shall keep all improvements, facilities, and fixtures located within the
Common Areas insured against loss or damage by fire or other casualty for the full insurable
replacement value thereof (with reasonable deductibles and normal exclusions for land,
foundations, excavation costs and similar matters) and may obtain insurance against such other
hazards and casualties as the Association may deem desirable.
(a) Required Coverages. The Association, acting through its Board or its duly
authorized agent, shall obtain and continue in effect any or all of the following types of
insurance, as deemed necessary or advisable in the Board's business judgment and as may be
reasonably available: (i) blanket property insurance covering all insurable improvements within
the Common Maintenance Areas to the extent that the Association has responsibility for repair or
reconstruction in the event of a casualty or assumes such responsibility pursuant to Section 5.2,
regardless of ownership with full replacement value coverage; (ii) commercial general liability
insurance on the Common Maintenance Areas insuring against liability for bodily injury, death,
and property damage arising from the activities of the Association or with regards to Common
Maintenance Areas, including, if obtainable, a cross liability endorsement insuring each Member
against liability to each other Member and the Association and vice versa; (iii) directors and
officers liability coverage; (iv) commercial crime insurance, including fidelity insurance covering
all Persons responsible for handling Association funds in an amount at least equal to three
months of Regular Assessments, plus all reserve funds; (v) to the extent any insurable
improvements to Common Maintenance Areas are within an "A" flood zone, flood insurance in
an amount equal to the lesser of 100% of the replacement costs of all insurable improvements (if
any) within the Common Maintenance Areas or the maximum amount of coverage available
U:\Orlando\Transactions\Heritage Park 08-01-006\DCCRs.Clean-R6.dB
under the National Flood Insurance Program; and (vi) such additional insurance as the Board, in
its business judgment, determines advisable.
In addition, the Association shall, if so specified in a Supplemental Declaration applicable
to any Service Area, obtain and maintain property insurance on the insurable improvements
within such Service Area. Any such policies shall provide for a certificate of insurance to be
furnished upon request to the Owner of each Lot insured.
Unless designated as a Limited Common Area or otherwise provided in a Supplemental
Declaration, premiums for Common Maintenance Area insurance shall be a Common Expense.
(b) Policy Requirements. The Association shall arrange for an annual review of the
sufficiency of its insurance coverage by one or more qualified Persons. All Association policies
shall provide for a certificate of insurance to be furnished to the Association and, upon request, to.
each Member insured.
To the extent obtainable at reasonable rates, the insurance policy(ies) maintained by the
Association may contain provisions, or be accompanied by endorsements, for agreed amount and
inflation guard, demolition costs, contingent liability from operation of building laws and
increased costs of construction. All insurance policies shall contain standard mortgagee clauses,
if applicable.
The policies may contain a reasonable deductible which shall not be subtracted from the
face amount of the policy in determining whether the policy limits satisfy the requirements of
Section 7.3(a). In the event of an insured loss, the deductible shall be treated as a Common
Expense or Limited Common Expense in the same manner as the premiums for the applicable
insurance coverage. However, if the Board reasonably determines, after notice and an
opportunity to be heard in accordance with the By-Laws, that the loss is the result of the
negligence or willful misconduct of one or more Owners, their guests, invitees, or tenants, then
the Board may assess the full amount of such deductible against such Owner(s) and their Lots as
a Benefited Assessment.
(c) Restoring Damaged Improvements. In the event of damage to or destruction of
Common Area or other property which the Association is obligated to insure, the Board or its
duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed
estimates of the cost of repairing or restoring the property to substantially the condition in which
it existed prior to the damage, allowing for changes or improvements necessitated by changes in
applicable building codes.
(d) Waiver of Subrogation. As to each policy of insurance maintained by the
Association which will not be voided or impaired thereby, the Association hereby waives and
releases all claims against the Board, the Members, Declarant, any predecessor Declarant, and the
directors, trustees, officers, shareholders, attorneys, agents and employee.s of each of the
foregoing, with respect to any loss covered by such insurance, whether or not caused by
negligence of or breach of any agreement by said Persons, but only to the extent that insurance
proceeds are received in compensation for such loss.
U:\Orlando\Transactions\Heritage Park 08-0 I-006\DCCRs.Clean-R6.d~
Damaged improvements on the Common Area shall be repaired or reconstructed unless
Members representing at least 80% of the total Class "A" votes in the Association, if general
Common Area, or 80% of the Class "A" votes of Lots to which the Limited Common Area is
assigned, if Limited Common Area, and the Declarant during the Development and Sale Period,
decide, within 60 days after the loss, not to repair or reconstruct. If either the insurance proceeds
or estimates of the loss, or both, are not available to the Association within such 60-day period,
then the period may be extended until such funds or information are available. No Mortgagees
shall have the right to participate in the determination of whether the damage or destruction to
the Common Area shall be repaired or reconstructed (unless required by FNMA, FHA or V A).
If a decision is made not to restore the damaged improvements, and no alternative
improvements are authorized, the affected property shall be cleared of all debris and ruins and
. thereafter shall be maintained. by the Association in a neat and attractive condition consistent
with the Community-Wide Standard. .
The Association shall deposit any insurance proceeds remaining after paying the costs of
repair or reconstruction, or after an agreed-upon settlement, in a capital improvements account
for the benefit of the Members. This is a covenant for the benefit of Mortgagees and may be
enforced by the Mortgagee of any affected Lot.
7.4. Enforcement.
(a) The Association, acting through the Board, may impose sanctions for violation of
the Governing Documents, subject to the notice and hearing procedures set forth in the By-Laws,
as applicable. Such sanctions may include, without limitation:
(i) imposing reasonable monetary fines, which may accrue from the date of
notice and which shall constitute a lien upon the violator's Lot (in the event that any occupant,
guest or invitee of a Lot violates the Governing Documents and a fine is imposed, the fine shall
first be assessed against the violator; however, if the fine is not paid by the violator within the
time period set by the Board, the Owner shall pay the fine upon notice from the Board); and
(ii) suspending the vote attributable to the violating Owner's Lot; and
(iii) suspending the violator's and any guest or invitee of the violator's right to
use any recreational facilities within the Common Maintenance Area; and
(iv) suspending any services which the Association provides to an Owner or
the Owner's Lot if the Owner is more than 30 days delinquent in paying any assessment or other
charge owed to the Association; and
(v) without liability to any Person, precluding any contractor, subcontractor,
agent, employee or other invitee of an Owner who fails to comply with the terms and provisions
of Article IV and/or the Architectural Guidelines from continuing or performing any further
activities in the Community; and
U:\Orlando\Transactions\Heritage Park 08-0I-006\DCCRs.Clean-R6.d25
(vi) levying Benefited Assessments pursuant to Section 8.4 to cover costs
which the Association incurs to bring a Lot into compliance with the Governing Documents,
including Legal Costs, or costs incurred as a consequence of the conduct of an Owner or
occupant of a Lot, their guests or invitees.
(b) In addition, but without limitation of the Association's other rights and remedies,
the Association, acting through the Board or its designee, may take the -following action to
enforce the Governing Documents without the necessity of compliance with the notice and
hearing procedures set forth in the By-Laws:
(i) requiring an Owner, at its own expense, to perform maintenance on such
Owner's Lot, to complete any construction or modification approved pursuant to Article IV, or to
remove any structure, item or improvement on such Owner's Lot in violation of the Governing
Documents and to restore the Lot to its previous condition; or
(ii) entering the property pursuant to the easement granted in Section 11.5 and
exercising self-help to remove or cure a violating condition, or to complete any construction or
modification approved pursuant to Article IV which was begun and not completed. within the
required time period, upon failure of an Owner to take action as required pursuant to subsection
(i) above within 10 days after the Board's mailing of written notice to do so, and any such entry
shall not be deemed a trespass (in the event of the occurrence of the same or similar violating
condition within 12 months, the Owner shall not be entitled to any notice or opportunity to cure);
or
(iii) exercising self-help in any situation (specifically including, but not limited
to, the towing of vehicles that are in violation of parking rules and regulations); and/or
(iv) bringing suit at law or in equity to enjoin any violation or to recover
monetary damages or both, subject to the procedures set forth in Article XV, if applicable.
(c) All remedies set forth in the Governing Documents shall be cumulative of any
remedies available at law or in equity. In any action to enforce the Governing Documents, if the
Association prevails, it shall be entitled to recover all Legal Costs incurred in any such action.
(d) The Association's decision to pursue enforcement action in any particular case
shall be left to the Board's discretion, except that the Board shall not be arbitrary or capricious in
taking enforcement action. Without limiting the generality of the foregoing sentence, the Board
may determine that, under the circumstances of a particular case:
(i)
further action; or
the Association's position is not strong enough to justify taking any or
(ii) the covenant, restnchon, or rule being enforced IS, or IS likely to be
construed as, inconsistent with applicable law; or
U:\Orlando\Transactions\Heritage Park 08-01-006\DCCRs.Clean-R6.d~
(iii) although a technical violation may exist or may have occurred, it is not of
such a material nature as to be objectionable to a reasonable person or to justify expending the
Association's resources; Of
(iv) it is not in the Association's best interests, considering, among other
things, hardship, expense, or other reasonable criteria, to pursue enforcement action.
Such a decision shall not be construed a waiver of the right of the Association to enforce
such provision at a later time under the same or other circumstances or preclude the Association
from enforcing any other covenant, restriction, or rule.
(e) The Association, by contract or other agreement, may enforce applicable County
ordinances and permit the City or County to enforce ordinances within. the Community for the
benefit of the Association and its Members.
(f) The St. Johns River Water Management District shall.have the right to enforce, by
a proceeding at law or in equity, the provisions contained in this Declaration that relate to the
maintenance, operation, and repair of the Surface Water or Storm Water Management System.
(g) Declarant shall be entitled to exercise all of the rights and powers granted to the
Association under Sections 7.4(a)(v), 7.4(b), and 7.4(c), and shall be entitled to recover all costs
that it incurs in so doing from the responsible Owner.
(h) Enforcement of these covenants, conditions and restnchons shall be by any
proceeding at law or in equity and may be instituted as provided in the Governing Documents by
Declarant, its successors and assigns, the Association, its successors or assigns, or any Owner,
against any person or persons violating or attempting to violate or circumvent any covenant,
condition or restriction, either to restrain violation or to recover damages, and against the land to
enforce any lien created by these covenants; and failure by the Association or any Owner or
Declarant to enforce any covenant, condition or restriction herein contained for any period of
time shall in no event be deemed a waiver or estoppel of the right to enforce same thereafter.
Further, the Association shall have the right. of self-help to cure any violations that remain
uncured after any required notice is given.
7.5. Implied Rights; Board Authority.
The Association may exercise any right or privilege given to it expressly or by reasonable
implication by the Governing Documents, and may take action reasonably necessary to effectuate
any such right or privilege. Except as otherwise specifically provided in the Governing
Documents or by law, all of the Association's rights and powers may be exercised by the Board
without a vote of the membership.
The Board may institute, defend, settle, or intervene on the Association's behalf in
mediation, binding or non-binding arbitration, litigation, or administrative proceedings in matters
pertaining to the Common Maintenance Areas, enforcement of the Governing Documents, or any
other civil claim or action. However, the Board has no legal duty to institute litigation on behalf
of or in the name of the Association or the Members. In exercising the Association's rights and
U:\Orlando\Transactions\Heritage Park 08-0 1-006\DCCRs.Clean-R6.d27
powers, making decisions on the Association's behalf, including, without limitation, deciding
whether to file a lawsuit under any circumstances, and conducting the Association's affairs,
Board members and the Association's officers are subject to, and their actions shall be judged in
accordance with, the standards set forth in the By-Laws.
7.6. Provision of Services to Lots.
The Association may provide, or provide for, services and facilities for all or any of the
Members and their Lots, and may enter into contracts or agreements with other entities,
including, without limitation, Declarant or its Affiliates, to provide such services and facilities.
The Board may charge use or service fees for any such services and facilities, or may include the
costs in the Association's budget as a Common Expense and assess it as part of the Regular
Assessment, if provided to all Lots. By way of example, such services and facilities might
include landscape maintenance, pest control service, cable television service, telephone, internet
access, security monitoring, caretaker, transportation, fire protection, utilities, trash collection
and recycling, and other services and facilities. Each owner shall also be responsible for payment
of their individual water and sewer bills. The Association has the right to terminate'service to
any Owner who fails to timely pay for said service. The Association shall also have all the
remedies available to collect said charges as are described in Sections 8.6 and' 8.7 of this
Declaration, including the right to lien and foreclose.
Nothing in this Section shall be construed as a representation by Declarant or the
Association as to what, if any, services or facilities shall be provided. In addition, subject to the
~ontract terms, the Board may modify or cancel existing contracts for services in its discretion,
unless the services are otherwise required by the Governing Documents. Non-use of services or
facilities provided to Owners or Lots as a Common Expense or a Limited Common Expense,
shall not exempt any Owner from the obligation to pay assessments for such services or facilities.
7.7. Municipal Service Taxing Units.
In order to perform the services contemplated by this Declaration, the Association or
Declarant, in conjunction with the City or County, may seek the formation of special purpose
municipal service taxing units ("MSTUs"). The MSTUs will have responsibilities defined in
their enabling resolutions which may include, but are not limited to, maintaining roadways,
roadway informational signs, traffic control signs, benches, trash receptacles, and other street
furniture, keeping all public roadways and roadside pedestrian easements clean of windblown
trash and debris, mowing, payment of electrical charges, maintenance of drainage canals, ponds
and structures, maintenance of designated landscape areas, payment of energy charges for street
and pedestrian lighting, and other services benefiting the Community. In the event such MSTUs
are formed, the Community will be subject to assessment for the cost of services performed
within the MSTU and personnel working for or under contract with the City or County shall have
the right to enter upon lands within the Community to affect the services contemplated. Each
Owner, by acquiring lands within the Community, agrees to pay each and every MSTU
assessment imposed upon the Owner or the Owner's land in a timely manner, failing which such
assessments and special charges shall be a lien upon those lands. The Association retains the
right to contract with the City or County to provide the services funded by the MSTUs. Services
performed by an MSTU that would otherwise be performed by the Association and for which the
U:\Orlando\Transactions\Heritage Park 08-0 1-006\DCCRs.Clean-R6,d~
MSTU imposes assessments on the Owners shall be removed from the Association's budget and
the Board shall reduce the Regular Assessment accordingly.
7.8. Relationships with Other Properties.
The Association may enter into contractual agreements or covenants to share costs with
any neighboring properties to contribute--funds for, among other things, shared or mutually
beneficial property or services and/or a higher level of maintenance of Common Maintenance
Areas.
7.9. Relationship with Governmental and Tax-Exempt Organizations.
The Association may enter into agreements or contracts with, or grant exclusive and/or
non-exclusive easements over the Common Area to, state or local governments, public or private
utility providers, and non-profit, tax-exempt organizations for the benefit of the Community, the
Association, and the Members. The Association may contribute money, real property (including,
without limitation, Common Area), personal property, or services to any such entity. Any such
contribution may be a 'Common Expense and included as aline item in the Association's anriual
budget.
For the purposes of this Section, a "tax-exempt organization" shall mean an entity which
is exempt from federal income taxes under the Internal Revenue Code ("Code"), such as, but not
limited to, entities which are exempt fTom federal income taxes under Sections 501(c)(3) or
501(c)(4), as the Code may be amended from time to time.
7.10. Right To Designate Sites for Governmental and Public Interests.
During the Development and Sale Period, Declarant may, but is not obligated to,
designate sites within the Community for government, education, or religious activities and
interests, including, without limitation, fire, police, and utility facilities, parks, and other public
facilities. Subject to the approval requirements set forth in Section 16.9, the sites may include
Common Area, in which case the Association shall take whatever action is required to permit
such use, including dedication or conveyance of the site, if so directed by Declarant.
7.11. Provision of Services to Service Areas.
(a) Declarant,' on Exhibit "A" to this Declaration and/or by Supplemental
Declaration submitting additional property to this Declaration, may assign the submitted property
to one or more Service Areas (by name or other identifying designation) as Declarant deems
appropriate, in Declarant's discretion, which Service Areas may be then existing or newly
created, and may require that the Association provide benefits or services to the Lots within such
Service Area in addition to those which the Association generally provides to all Lots. Until
termination of the Class "B" Control Period, Declarant may unilaterally amend this Declaration
or any Supplemental Declaration to designate or redesignate Service Area boundaries. All costs
associated with the provision of services or benefits to a Service Area shall be assessed against
the Lots within the Service Area as a Service Area Assessment.
(b) In addition to Service Areas which Declarant may designate, the Owner(s) of any
two or more Lots may petition the Board to designate such Lots as a Service Area for the purpose
U:\Orlando\ Transactions\Heritage Park 08-0 1-006\DCCRs.Clean- R6.d29
of receiving from the Association (a) special benefits or services which are not provided to all
Lots, or (b) a higher level of service than the Association otherwise provides. Upon receipt of
such petition signed by the Owner(s) of a majority of the Lots within the proposed Service Area,
the Board shall investigate .the terms upon which the requested benefits or services might be
provided and notify the Owners in the proposed Service Area of such terms and the charge to be
made therefor, which may include a reasonable administrative charge in such amount as the
Board deems appropriate in its discretion (provided, any such administrative ~harge shall apply at
a uniform rate per Lot among all Service Areas receiving the same service). Upon written
approval of the proposal by Owners of at least 67% of the Lots within the proposed Service Area,
and Declarant during the Development and Sale Period, the Association shall provide the
requested benefits or services on the terms set forth in the proposal. The cost and administrative
charges associated with such benefits or services shall be assessed against the Lots within such
Service Area as a Service Area Assessment, subject to the right of the Owners of Lots within the
Service Area to veto the budget for their Service Area as provided in SeCtion 8.1.
(c) The Board may, by resolution, designate a group of Lots as a Service Area and
levy Service Area Assessments against such Lots to fund the costs of operating, maintaining, and
insuring certain portions of the Common Maintenance Area within or adjacent to such Service
Area. This may include, without limitation, the costs of maintaining any signage, entry features,
right-of-way, and green space between the Service Area and adjacent public roads, private streets
within the Service Area, and lakes or ponds within the Service Area, regardless of ownership and
regardless of the fact. that such maintenance may be performed by the Association; however, all
similarly situated Lots shall be treated the same. Any such designation shall require the consent
of Declarant during the Development and Sale Period.
7.12. Responsibilities Under Governmental Permits.
Declarant shall have the right to assign or otherwise transfer to the Association any of its
continuing obligations and/or responsibilities under governmental permits and approvals with
respect to the Community, including, without limitation, its continuing obligations with respect to
the Surface Water and Storm Water Management System Permit issued by St. Johns River Water
Management District. The Association shall accept and assume such obligations and
responsibilities without condition or consideration. Such assignment or transfer and assumption
shall be effective without the consent of the Association, but upon Declarant's request, the
Association shall promptly execute any documents which Declarant requests to evidence the
assignment or transfer and assumption of such responsibilities. The Association shall comply in all
respects with the terms of, and shall not undertake any activity inconsistent with, such permits and
approvals.
7.13. Waterways; Water Level and Use.
With respect to any waterways now existing or which may hereafter be contained within
or adjoining the Community, only Declarant (and after termination of the Class "B" Control
Period, the Association) shall have the right to pump or otherwise remove any water from such
waterways for the purposes of irrigation or other use or to place any matter or object in such
waterways. No docks, moorings, pilings, boat shelters, or other structure shall be erected on or
over the waterways, except as may be erected or approved in writing by Declarant (and following
U:\Orlando\Transactions\Heritage Park 08-0 1-006\DCCRs.Clean-R6.d~
the termination ofthe Class "B" Control Period, the Association or the ARB). No boats or other
water vehicle or craft shall be permitted on such waterways; Subject to the provisions of this
Declaration, the Association shall have the right and, to the extent required by Section 7.14 or
applicable governmental permits or ordinances, the obligation to control the existence of plants,
fowl, reptiles, animals, fish, and fungi in and on such waterways.
7.14. Surface Water and Storm Water Management System.
(a) Maintenance. Operation. and Monitoring. The Association shall maintain, as part
of the Common Maint~!l.<!nce Areas, the Surface Water and Storm Water Management System
and shall comply with conditions of the permits from the S1. Johns River Water Management
District, the United States Army Corps of Engineers ("Corps of Engineers"), the City, or the
State of Florida for the Surface Water and Storm Water Management System and wetlands
within the Community. The Association, shall, when requested by Declarant, apply for the
issuance of, or a,ccept assignment of, all St. Johns River Water Management District, United
States Army Corps of Engineers, City, and State of Florida permits for the Community (as the
Community may be expanded by the annexation of additional phases as herein contemplated)
and shall be designated as the "permittee" thereof. The conditions of the permits include
monitoring and record keeping schedules, and maintenance. The following additional conditions
shall apply:
(i) The Association shall hold and save the St. Johns River Water
Management District, United States Army Corps of Engineers, County, City, and the State of
Florida harmless from any and all damages, claims, or liabilities which may arise by reason of the
operation, maintenance, or use of any improvement or facility authorized by the permits.
(ii) The Association shall at all times properly operate and maintain the
systems of treatment and control (and related appurtenances) that are installed or used to achieve
compliance with conditions of the permits, as required by the St. Johns River Water Management
District, United States Army Corps of Engineers, County, City, and/or the State of Florida. This
provision includes the operation of backup or auxiliary facilities or similar systems when
necessary to achieve compliance with the conditions of the permits and when required by the S1.
Johns River Water Management District, United States Army Corps of Engineers, County City,
or State of Florida rules.
(iii) The Association specifically agrees to allow authorized St. Johns River
Water Management District, United States Army Corps of Engineers, County, City, or State of
Florida personnel, upon representation of credentials or other documents as may be required by
law, access to the Common Maintenance Areas where the permitted activity is located or
conducted at all reasonable times for the purposes of inspection and testing to determine
compliance with the permits and St. Johns River Water Management District, United States
Army Corps of Engineers, County or City, or the State, of Florida regulations, such as:
(A) having access to and copying any records that must be kept under
the conditions of the permits; and
U:\Orlando\Transactions\Heritage Park 08-01-006\DCCRs.Clean-R6.d31
(B) inspecting the facilities, equipment, practices, or operations
regulated or required under the permits; and
(C) sampling or monitoring any substances or parameters at any
location reasonably necessary to assure compliance with the permits or St. Johns River Water
Management District, United States Army Corps of Engineers, County, City and State of Florida
rules; and
(D) gathering of data and information.
Reasonable time may depend on the nature' of the concern being investigated.
(iv) Establishment and survival of littoral areas, if any provided for storm
water quality treatment in wet detention systems shall be assured by proper and continuing
maintenance procedures designed to promote viable wetlands plant growth of natural diversity
and character. Following as-built. approval, perpetual maintenance shall be provided for the
permitted system.
(v) The Association shall submit inspection reports in the fornl required by the
St. Johns River Water Management District, United States Army' Corps of Engineers, County,
City or State of Florida, in accordance with the following schedule unless specified otherwise
here or in permit applications:
(A) for systems utilizing effluent filtration or ex filtration, the
inspection shall be performed 18 months after operation is authorized and every 18 months
thereafter; and
(B) for systems utilizing retention and wet detention, the inspections
shall be performed two years after operation is authorized and every two years thereafter.
(vi) It shall be the responsibility of each Owner at the time of construction of a
building, residence, or other structure on such Owner's Lot, to comply with the construction plans
for the Surface Water and Storm Water Management System pursuant to Chapter 40C, F.A.C.,
approved and on file with the St. Johns River Water Management District and the City.
(vii) It is the Owner's responsibility not to remove native vegetation that
become established within the wet detention ponds abutting their Lot. Removal includes
dredging, the application of herbicide, the introduction of carp and cutting. If the Community
includes a wetland mitigation area or wet detention pond, no vegetation in such area shall be
removed, cut, trimmed, or sprayed with herbicide without specific written approval from the St.
Johns River Water Management District and the United States Army Corps of Engineers.
Owners should address any question regarding authorized activities within any wet detention
pond to the St.Johns River Water Management District Service Office, the United ~tates Army
Corps of Engineers or the City.
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(viii) No Owner may construct or maintain any building, residence, or structure
or undertake or perform any activity in the wetland(s), wetland mitigation area(s), buffer area(s),
upland conservation area(s), and drainage easement(s) described in approved permits and
recorded Plats, unless prior approval is received from both the St. Johns River Water
Management District Regulation Department pursuant to Chapter 40C, F.A.C., and from the
." City; If such activities are subject to United States Army Corps of Engineers or State of Florida
permits, approval of those agencies shall also be obtained before any such activity is commenced.
(ix) Neither the Association nor any Owner shall engage in any construction
related activities within any part of the Surface Water and Storm Water Management System or
wetlands unless such activities have been approved in writing by the St. Johns River Water
Management System, or are specifically authorized by the conditions of the applicable permits.
Without limitation, the following activities are deemed construction related and are prohibited
unless authorized in accordance with this subsection: digging or excavation; depositing fill,
debris, or any other material or item; constructing or altering any water control structure; or any
other construction to modify the Surface Water and Storm Water Management System or
wetland facilities. If such activities are subject to the United States Army Corps of Engineers,
City, County, or State of Florida permits, approval of those agencies shall also be obtained before
any such activity is commenced.
(x) The Association, through its Board, shall be responsible for enforcing the
provisions of this Declaration; however, in addition to enforcement by the Association, Declarant
hereby reserves unto itself, and grants to the City and the St. Johns River Water Management
District, the non-exclusive right, but not the obligation, to enforce the provisions of this
Declaration concerning compliance with the Surface Water and Storm Water Management
System and wetland permits, all applicable federal, state, and local laws, ordinances, and
regulations, and all applicable rules and regulations of the Association against any person or
entity in violation including the Owners, the Association, Builders, Affiliates of Declarant, and
Declarant by the exercise of any remedies available at law or in equity, or otherwise provided in
this Declaration for the protection and benefit of the Association, its Members, and the
Community. Notwithstanding anything in this Declaration to the contrary, in the event that the
City or the St. Johns River Water Management District elects to take enforcement action against
any Owner, Declarant, Declarant Affiliate, the Association, or any other Person for violation of
the terms of any permit, law, ordinance, rule, or regulation, such enforcement shall not be subject
to the dispute resolution provision of Article XVII of this Declaration.
(b) Effect of Dissolution. In the event of the termination, dissolution, or final
liquidation of the Association, the responsibility for the operation and maintenance of the Surface
Water and Storm Water Management System and wetlands must be transferred to and accepted
by an entity which would comply with Section 40C, F.A.C., and be approved by the St. Johns
River Water Management District or the City prior to such termination, dissolution, or
liquidation. In the event that no other entity exists to receive such transfer, the obligations of the
Association shall be deemed assumed by the Owners, and all such Owners shall be jointly and
severally responsible for the operation and maintenance of the Surface Water and Storm Water
Management System and wetlands in accordance with the requirements of the permits.
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(c) Shared Facilities. It is expected that certain portions of the Surface Water and
Storm Water Management System may serve the drainage needs of adjacent lands not owned by
Declarant and not within the Community. Declarant reserves the right to grant such drainage
and/or use such easements and rights as Declarant may deem necessary or appropriate for
accomplishing the drainage needs of the Community and/or lands owned by others provided that
such agreements shall not unreasonably interfere with the use of the system by the Owners or
unreasonably increase the cost of maintenance of the system by the Association, and provided
further, that such uses are approved by the St. Johns River Water Management District and/or the
City, if such approvals are necessary.
Article VIII Association Finances
8.1. Budgeting and Allocating Common Expenses.
(a) Calculation of Regular Assessments. Before the beginning of each fiscal year, the
Board shall prepare a budget of the estimated Common Expenses for the coming year, including
any contributions to be made to reserves pursuant to Section 8.2 for repair and replacement of
items that the Association maintains as a Common Expense. The budget shall include, as a
separate line item in the operating expense portion of the budget, the estimated cost of routine
maintenance of the Surface Water and Storm Water Management System and, as a separate line
item in the reserve portion of the budget, a contribution to a reserve fund for periodic major
maintenance, repair and replacements to the Common Maintenance Areas as provided in Section
8.2, including contributions to reserves for the private roads (if any) and Surface Water and
Storm Water Management System. The budget shall separately reflect the anticipated sources
and estimated amounts of funds to cover the Common Expenses, any surplus or deficit to be
applied from prior years, assessment income, any fees charged for use of recreational amenities,
and any other non-assessment income.
The Association is authorized to levy Regular Assessments to fund the Common
Expenses against all Lots subject to assessment under Section 8.5, in the proportions described in
Section 8.5. In determining the Regular Assessment rate, the Board may consider any
assessment income expected to be generated from any property anticipated to become subject to
assessment during the fiscal year.
Declarant may, but shall not be obligated to, reduce the Regular Assessment for any fiscal
year by payment of a subsidy (in addition to any amounts paid by Declarant under Section 8.6(b))
which may be either a contribution, an advance against future assessments due from Declarant, or
a loan, in Declarant's sole and absolute discretion. Any such subsidy shall be disclosed as a line
item in the income portion of the budget. The payment of such subsidy in any year shall not
obligate Declarant to continue paying a subsidy in future years, unless otherwise provided in a
written agreement between the Association and Declarant.
The Board shall send a summary of the proposed budget and notice of the Regular
Assessment to be levied pursuant to such budget to each Owner at least 30 days prior to the
effective date of the budget. The budget and assessment shall automatically take effect on such
date unless disapproved at a meeting by Members representing 75% of the total Class "A" votes
U:\Orlando\Transactions\Heritage Park 08-0 1-006\DCCRs.Clean-R6.d34
and by Declarant during the Class "B" Control Period. There shall be no obligation to call a
meeting of the Members for the purpose of considering the budget except upon petition of the
Members as provided for special meetings in Section 2.5 of the By-Laws. Any such petition
must be presented to the Board within 14 days after mailing of the budget and notice of the
Regular Assessment.
If any proposed budget is disapproved, or the Board fails for any reason to determine the
budget for any year? then the budget most recently in effect shall continue in effect until a new
budget is determined.
The Board may revise the budget and adjust the Regular Assessment from time to time
during the year, subject to the notice requirements set forth above and in Florida law.
(b) Calculation of Service Area Assessments. Before the beginning of each fiscal year,
the Board shall prepare a separate budget for each Service Area of the estimated Limited
Common Expenses which it expects to incur on behalf of such Service Area for the coming year,
including any contributions to be made to a reserve fund pursuant to Section 8.2 for periodic
major maintenance, repair and replacement of items that the Association maintains on behalf of
the Service Area as a Limited Common Expense. Each budget shall include, as a separate line
item in the operating expense portion of the budget, the estimated cost of routine maintenance
and repair of any private roads which the Association maintains on behalf of such Service Area
as a Limited Common Expense, and as a separate line item in the reserve portion of the budget, a
contribution to a reserve fund for periodic major maintenance, repair and repaving of such roads.
The budget shall separately reflect the anticipated sources and estimated amounts of funds to
cover the Limited Common Expenses, including any surplus or deficit to be applied from prior
years, assessment income, any fees charged for use of recreational amenities maintained on
behalf of the Service Area, and any other non-assessment income. A Certified Public Accountant
shall provide the City with a report annually evidencing adequate reserves are being collected to
ensure present value of a engineer's estimate to maintain and resurface roadways for at least
twelve (12) years.
The Association is authorized to levy Service Area Assessments to fund the Limited
Common Expenses for each Service Area against all Lots in the Service Area that are subject to
assessment under Section 8.5, in the proportions described in Section 8.5, except that, unless
otherwise specified in the applicable Supplemental Declaration, any portion of the assessment
intended for exterior maintenance of structures, insurance on structures, or replacement reserves
which pertain to particular structures, may be levied on each of the benefited Lots in proportion
to the benefit received, as the Board may reasonably determine. In determining the Service Area
Assessment rate for any Service Area, the Board may consider any assessment income expected
to be generated from any property in the Service Area reasonably anticipated to become subject
to assessment during the fiscal year.
Declarant may, but shall not be obligated to, reduce the Service Area Assessment
applicable to any Service Area by payment of a subsidy (in addition to any amounts paid by
Declarant under Section 8.6(b)) which may be either a contribution, an advance against future
assessments due from Declarant, or a loan, in Declarant's discretion. Any such subsidy shall be
U:\Orlando\Transactions\Heritage Park 08-0 1-006\DCCRs.Clean-R6.ds:s
disclosed as a line item in the income portion of the budget. The payment of such subsidy in any
year shall not obligate Declarant to continue paying a subsidy in future years, unless otherwise
provided in a written agreement between the Association and Declarant.
All amounts that the Association collects as Service Area Assessments shall be expended
. solely for the benefit of the Service Area for which they were collected and shall be accounted
for separately from the As~ociation's general funds.
8.2. Budgeting for Reserves.
The Board shall prepare and periodically review separate reserve budgets for the
Common Maintenance Area and for each Service Area for which the Association maintains
capital items as a Limited Common Expense which take into account the number and nature of
replaceable assets, the expected life of each asset, and the expected repair or replacement cost of
capital items under each budget. The Board shall include in the Common Expense budget
adopted pursuant to Section 8.I(a), or the Service Area budgets adopted pursuant to Section
8.I(b), as appropriate, a capital contribution to fund reserves in an amount which the Board, in
the exercise of its business judgment, deems sufficient to meet the projected needs under each
budget with respect to both amount and timing by annual contributions over the budget period.
Reserve funds shall be held in a separate account or accounts from the operating and
other funds of the Association. Reserve funds collected for each Service Area shall be
segregated from reserves collected for Common Maintenance Areas or other Service Areas.
The reserve funds held in each account may be expended only for major maintenance,
repair, or replacement of those assets covered by the reserve budget pursuant to which they were
collected. The reserve funds may be used as an asset for the purpose of obtaining performance or
payment bonds for the Association. Subject to such limi!ation, the Board may adopt resolutions
regarding the expenditure of any reserve funds including, without limitation, policies designating
the nature of assets for which reserve funds may be expended. Neither the Association
membership nor the Board shall adopt, modify, limit, or expand such policies without Declarant's
prior written consent during the Development and Sale Period.
8.3. Special Assessments.
In addition to other authorized assessments, the Association may levy Special
Assessments to cover unbudgeted expenses or expenses in excess of those budgeted. Any such
Special Assessment may be levied against the entire membership, if such Special Assessment is
for Common Expenses, or against the Lots within any. Service Area, if such Special Assessment
is for Limited Common Expenses. Except as otherwise specifically provided in this Declaration,
any Special Assessment shall require the affirmative vote or written consent of all Members (if a
Common Expense) or Owners (if a Service Area Expense) representing more than 50% of the
total votes allocated to Lots which will be subject to such Special Assessment, and the
affirmative vote or written consent of Declarant, during the Development and Sale Period.
Special Assessments shall be payable in such manner and at such times as determined by the
Board, and may be payable in installments extending beyond the fiscal year in which the Special
Assessment is approved.
U:\Orlando\Transactions\Heritage Park 08-01-006\DCCRs.Clean-R6.d%
8A. Benefited Assessments.
The Association may levy Benefited Assessments against one or more particular Lots as
follows:
(a) to cover the costs, including, without limitation, overhead and administrative costs,
of providing services to a Lot upon request of the Owner pursuant to any menu of special
services which the Association may offer (which might include the items identified in Section 7.6
or Section 8.10) or pursuant to a Supplemental Declaration. Benefited Assessments for special
services may be levied in advance of the provision of the requested service; and
(b) to cover costs incurred in bringing a Lot into compliance with the Governing
Documents, or costs incurred as a consequence of the conduct of the Owner or occupants of the
Lot, their agents, contractors, employees, licensees, invitees, or guests, including, without
limitation, Legal Costs, subject to the limitations of Section 7 A, as applicable.
8.5. Assessment Rate; Commencement of Assessments; Time ofPavrnent.
The obligation to pay assessments commences as to each Lot on the first day of the month
following: (a) the month in which the Lot is made subject to this Declaration, or (b) the month in
which the Board first determines a budget and levies assessments pursuant to this Article,
whichever is later. Regular and Special Assessments for Common Expenses shall be allocated
equally among all Lots subject to assessment, except that until such time as a certificate of
occupancy or similar approval is issued for a Lot, the Lot shall be assessed at 25% of the rate of
assessment that such Lot would otherwise bear. Except as otherwise provided in Section 8.1 (b)
or in any applicable Supplemental Declaration, Service Area Assessments shall be allocated
equally among all Lots subject to assessment in the benefited Service Area, except that until such
time as a certificate of occupancy or similar approval is issued for a Lot, the Lot shall be assessed
at 25% of the rate of assessment that such Lot would otherwise bear. The first annual Regular
Assessment and Service Area Assessment, if any, levied on each Lot shall be adjusted according
to the number of months remaining in the fiscal year at the time assessments commence on the
Lot.
Owners shall pay assessments in the manner and on the dates the Board establishes. The
Board may require advance payment of assessments at closing of the transfer of title to a Lot and
may impose special requirements for Owners with a history of delinquent payment. If the Board
so elects, assessments may be paid in quarterly or monthly installments. Unless the Board
otherwise provides, the Regular Assessment shall be due and payable in advance on the first day
of each fiscal year. If any Owner is delinquent in paying any assessments or other charges levied
on his or her Lot, the Board may require that the outstanding balance on all assessments be paid
in fUll immediately.
8.6. Obligation for Assessments.
(a) Personal Obligation. Each Owner, by accepting a deed or entering into a recorded
contract of sale for any Lot, covenants and agrees to pay all assessments levied in accordance
with the Governing Documents for each Lot owned. All assessments, together with interest
(computed from the assessment's due date at a rate of 18% per annum or the maximum rate
U:\Orlando\Transactions\Heritagc Park 08-0 1-006\DCCRs.Clcan-R6.dg:J
permitted by law, whichever is less), late charges as determined by Board resolution, and Legal
Costs, shall be the personal obligation of each Owner and a lien upon each Lot until paid in full.
Upon a transfer of title to a Lot, the grantee shall be jointly and severally liable for any
assessments and other charges due at the time of conveyance.
The Board's failure to fix assessment amounts or rates or to deliver or mail each Owner
an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from
the obligation to pay assessments. In such event, each Owner shall continue to pay Regular
Assessments and Service Area Assessments, if any, on the same basis as during the last year for
which an assessment was made, if any, until a new assessment is levied, at which time the
Association may retroactively assess any shortfalls in collections.
No Owner is exempted from liability for assessments by non-use of Common
Maintenance Area, abandonment of his or her Lot, or any other means. The obligation to pay
assessments is a separate and independent covenant by each Owner. No reduction or abatement
of assessments or set-off shall be claimed or allowed for any alleged failure of the Association or
Board to take some action or perform some required function, or for inconvenience or discomfort
arising from making repairs or improvements, or for any other reason.
Following a written request, the Association shall furnish to any Owner liable for any
type of assessment a certificate in writing signed by an Association officer setting forth whether
such assessment has been paid. Such certificate shall be conclusive evidence of payment. The
. Association may require the advance payment of a reasonable processing fee for the issuance of
such certificate.
(b) Declarant's Option to Fund Budget Deficits. To the extent permitted by Florida law,
during the Class "B" Control Period, Declarant may satisfy the obligation for assessments on
Lots which it owns either by paying assessments in the same manner (but in accordance with the
rate set forth in Section 8.5 herein) as any other Owner or by funding the budget deficit. The
budget deficit is the difference between (i) the amount of assessments levied on Class "A"
Member-owned Lots, plus any other income received during the fiscal year, and (ii) the amount
of the Association's actual expenditures during the fiscal year, excluding contributions to
reserves. Unless Declarant otherwise notifies the Board in writing at least 30 days before the
beginning of the fiscal year, Declarant shall continue paying o~ the same basis as during the
previous fiscal year.
Regardless of Declarant's election, Declarant's assessment obligations may be satisfied in
the form of cash or by "in kind" contributions of services or materials, or by a combination of
these, the value of which shall be reasonably determined by Declarant. After termination of the
Class "B" Control Period; Declarant shall pay assessments on Lots which it or its Affiliates own
in the same manner (but in accordance with the rate set forth in Section 8.5 herein) as any other
Owner.
(c) Declarant's Right to Loan or Advance Funds. Declarant may (but is not obligated
to) loan, advance or otherwise make payments to the Association to assist the Association in
meeting its financial obligations, in addition to Declarant's obligation to pay assessments or fund
U:\Orlando\Transactions\Heritage Park 08-01-006\DCCRs.Clean-R6.ds:s
the deficit under Section 8.5 or 8.6(b). Notwithstanding anything to the contrary contained in
this Article 8, if Declarant loans, advances or otherwise pays assessments in excess of its
obligations under Sections 8.5 or 8.6(b) then any such sums shall be repaid to the Declarant prior
to the termination of the Class B Control Period.
8.7. Lien for Assessments.
The Association may record a lien against any Lot, including Declarant's Lots, to secure
payment of assessments that remain unpaid for a period of 30 days or longer after becoming due.
For purposes of this Section, assessments shall include interest, late charges (subject to Florida
law), and Legal Costs and attorney fees. Such lien shall be superior to all other liens, except
(a) the liens of all real estate taxes and other governmental assessments and charges against the
Lot, (b) the lien or charge of any recorded first Mortgage (meaning any recorded Mortgage with
first priority over other Mortgages) made in good faith and for value, and (c) other recorded liens
or encumbrances which by law would be superior. The Association's lien may be enforced by
suit, judgment, and judicial or nonjudicial foreclosure.
Notwithstanding the above, and subject to Florida law, the Board may designate
assessments or charges levied solely for the purpose of funding Common Expenses related to
acquisition, development, or construction of infrastructure or capital improvements serving the
Community (or to pay the cost to underwrite, service, and repay any debt incurred to finance any
such acquisition, development, or construction) as a "Capital Improvement Assessment," and the
lien therefor shall be superior to (a) the Association's lien for other Common Expenses and
Limited Common Expenses, and (b) all other liens except those deemed superior under federal or
Florida law and which may not be made subordinate by this provision.
At a foreclosure sale, the Association may bid for the Lot and acquire, hold, lease,
mortgage, and convey the Lot. The Association may sue for unpaid assessments and other
charges without foreclosing or waiving its assessment lien.
Sale or transfer of any Lot shall not affect the assessment lien or relieve such Lot from the
lien for any subsequent assessments. However, the sale or transfer of any Lot pursuant to
foreclosure by the first Mortgagee extinguishes the lien relating to any amounts due prior to the
Mortgagee's foreclosure. The purchaser of such foreclosed Lot shall not be personally liable for
assessments on such Lot due prior to the foreclosure sale. Such unpaid assessments shall be a
Common Expense col1ectible from Owners of all Lots subject to assessment under Section 8.5,
including such purchaser, its successors and assigns.
Notwithstanding the above, while the Association owns a Lot: (a) no right to vote shall be
exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Lot shall be
charged, in addition to its usual assessment, its pro rata share of the assessment that would have
been charged such Lot had it not been acquired by the Association.
8.8. Exempt Property.
The following property shall be exempt from payment of Regular Assessments, Service
Area Assessments, and Special Assessments:
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(a) All Common Area and other portions of the Community which are not Lots; and
(b) Any property dedicated to and accepted by any governmental authority or public
utility.
8.9. Initial One-Time Assessment.
There is hereby established a one-time assessment (the "Initial One-Time Assessment")
applicable to each Lot in such amount as determined in the Board's discretion, not to exceed
100% of the full Regular Assessment per Lot levied for the year in which the Initial One-Time
Assessment is due and payable. The Initial One-Time Assessment shall become due and payable
at the first conveyance of the Lot with a completed dwelling. Such Initial One-Time Assessment
may be used to fund the Association's initial start up costs and other operating expenses or to
help fund reserves, in the Board's discretion.
No further Initial One-Time Assessment shall be due for any subsequent transfer of
ownership of any Lot from one Class "A" Member to a successor Class "A" Member.
8.10. Use and Consumption Fees; Licenses and Royalties.
The Board may charge use and consumption fees to any Person using Association
services or facilities and may determine the amount and method of determining such fees.
Different fees may be charged to different classes of users (e.g.,. Owners and non-Owners). Any
such fees charged to Owners shall be considered a Benefited Assessment against the Lots of such
Owners under Section 8.4(a).
As set forth in Section 10.7, the Association may enter into license agreements with
Declarant or other parties to permit the Association's use of trade names or service marks (e.g.,
use of the name "Heritage Park Townhomes"). To the extent permitted by such license
agreements, the Board may enter into sub-license agreements, under negotiated terms, which
permit others within the Community to use such trade names and/or service marks. The
Association may charge fees and collect royalties in connection with such sub-license
agreements; provided, Declarant and any Declarant Affiliate shall retain the absolute right to use
such trade names and service marks without payment of any license fees. Any such fees and
royalties shall be considered a Benefited Assessment under Section 8.4(a).
Article IX
Expansion of the Community
9.1. Annexation by Declarant.
Declarant may, from time to time, annex to this Declaration all or any portion of the
property described in Exhibit "B" by recording a Supplemental Declaration describing the
property being subjected. A Supplemental Declaration recorded pursuant to this Section shall
not require the consent of any Person except the owner of such property, if other than Declarant.
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Declarant's right to annex property pursuant to this Section expires when all property
described in Exhibit "B" has been subjected to this Declaration or 15 years after this Declaration
is recorded, whichever is earlier. Until then, Declarant may transfer or assign this right, in whole
or in part, to any Person who is the developer of at least a portion of the real property described
in Exhibit" A" or "B." Any such transfer shall be memorialized in a recorded ins,trument
executed by Declarant.
Nothing in this Declaration shall require Declarant or any successor to subject additional
property to this Declaration or to develop any of the property described in Exhibit "B" in any
manner whatsoever.
Declarant intends to develop the Community in accordance with the Plat, but hereby
reserves the right to modify the Plat (with respect to the Community included in the Plat) from
time to time in its discretion and at its option, subject to City approval, but always in accordance
with applicable regulatory requirements. Declarant shall not be required to follow any
predetermined order of improvement and development within the Plat or Community; and it may
annex additional lands and develop them before completing the development of the Community.
9.2. Annexation by the Association.
The Association also may annex property to the prOVISIOns of this Declaration by
recording a Supplemental Declaration describing the additional property. Annexation by the
Association shall require the affirmative vote or written consent of Members representing more
than 50% of the Class "A" votes and the consent of the property owner. In addition, during the '.
Development and Sale Period, Declarant's consent is required. The Supplemental Declaration
shall be signed by the President and Secretary of the Association, by the owner of the property,
and by Declarant, if Declarant's consent is required.
In the event that either the U.S. Department of Housing and Urban Development or the
U.S. Department of Veterans Affairs insures or guarantees any Mortgage encumbering a Lot, and
the regulations or procedures of such agency require under such circumstances approval of
annexations by such agency or determination by such agency that such annexation is consistent
with the general plan of development for the Community, then such approval or determination as
described in Section 16.9 shall be a prerequisite to such annexation.
9.3. Additional Covenants and Easements.
By Supplemental Declaration, Declarant may impose additional covenants and easements
on portions of the Community, including, without limitation, covenants obligating the
Association to maintain and insure specific property and authorizing the Association to recover
its costs through Benefited Assessments or through Service Area Assessmen~s, as provided in
Section 7.11. If someone other than Declarant owns 'the property, then such owner's consent and
execution of the Supplemental Declaration is required. Any such Supplemental Declaration may
supplement, create exceptions to, or otherwise modify the terms of this Declaration as it applies
to the subject property in order to reflect the different character and intended use of such
property.
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9.4. Effect of Filing Supplemental Declaration.
A Supplemental Declaration shall be effective upon recording. Unless otherwise
specified in the Supplemental Declaration, the Lots subjected to this Declaration by such
Supplemental Declaration shall have equal voting rights in the Association and equal pro rata
liabilit.y for Regular Assessments with all other Lots.
Article X Additional Rights Reserved to Declarant
10.1. Withdrawal of Property.
Declarant reserves the right to amend this Declaration, until termination of the Class "B"
Control Period, to remove from the coverage of this Declaration any property which has not been
improved by a structure intended for occupancy, whether or not such property has been improved
by landscaping, decorative walls, signs, irrigation, utilities, or other improvements. Such
amendment shall not require the consent of any Person other than the Owner(s) of the property
and the City to be withdrawn, if not Declarant. Except as provided in Section 7.1 (b), if the
property is Common Area, the Association's consent is required for such withdrawal.
10.2. Marketing and Sales Activities.
Notwithstanding anything in the Governing Documents to the contrary, Declarant, its
Affiliates, and their assigns and builders authorized by Declarant may. construct, maintain, and
operate upon portions of the Common Area and property they own, such facilities, activities, and
things as, Declarant, in its discretion, may deem to be required, convenient, or incidental to the
construction or sale of Lots. Such permitted facilities, activities, and things shall include,
without limitation, business offices, signs, flags (whether hung from flag poles or attached to a
structure), model homes, sales offices, holding or sponsoring special events, and exterior lighting
features or displays. In addition, if reasonably required, convenient, or incidental to construction
or sales activities, Declarant, Declarant's Affiliates, and their assigns, and authorized builders
may park vehicles in areas other than garages or driveways, including, without limitation, on
streets.
10.3. Right to Develop.
Declarant and its Affiliates, and their respective employees, agents, and designees, ~hall
have a right of access and use and an easement over, upon, and under all of the Common Area
for the purpose of making, constructing, and installing such improvements to the Common Area,
and to the Exhibit "B" property, as Declarant deems appropriate in Declarant's discretion.
Each Owner acknowledges that the Community is a master planned community, the
development of which is likely to extend over a period of time, and agrees and consents to
all changes in (a) uses or density of Lots or dwellings within the Commuruty, or (b) the
Development Plan.
Each Owner acknowledges and agrees that the present plans and themes for the
Community's development may change and that such Owner has not relied on any representation,
warranty, or assurance by any Person (a) that any Lots, or other property or facilities will be
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added, modified, or eliminated within the Community; or (b) as to the financial or other impact
of such action on any Owner. Each Owner acknowledges and agrees that it is not entitled to rely
upon and has not received or relied upon any representations, warranties, or guarantees
whatsoever as to: (a) the design, construction, completion, development, use, benefits, or value
of property within the Community; (b) the number, types, sizes, prices, or designs of any
residential or non-residential structures or improvements built or to be built. in any part of the
Community; or (c) as to the use or development (current or future) of any property adjacent to or
within the vicinity of the Community.
1004. Right to Approve Changes in the Community Standards.
No amendment to or modification of any Use Restrictions, rules, or the Architectural
Guidelines during the Development and Sale Period shall be effective without prior notice to and
the written approval of Declarant.
10.5. Right to Transfer or Assign Declarant Rights.
. .
Any or all of Declarant's rights and obligations set forth in this Declaration or the By-
Laws may, except to the extent restricted by Florida law, be transferred, in whole or in part,
from time to time, to other Persons. No such transfer or assignment shall be effective unless it
is in a recorded instrument signed by Declarant. Declarant may allow other Persons to exercise,
on a one-time or limited basis, any Declarant right without transferring the entire right. In such
case, a recorded instrument is not required.
10.6. Community Systems and Services.
Declarant reserves for itself, its successors and assignees, and grants to the Association
(after Declarant no longer owns any property described on Exhibit "A" or "B") the exclusive
and perpetual right to provide and operate, or to permit others to provide and operate, within the
Community, such telecommunication systems (including, without limitation, cable television,
community intranet, internet, and other systems for receiving, distributing, and transmitting
electronic data, signals, and audio or visual communications), security systems and services,
utilities, trash collection, and other systems and services, including, without limitation, conduits,
wires, amplifiers, towers, antennae, and other apparatus and equipment for the operation or
provision thereof (collectively, the "Community Systems and Services") as Declarant, in its
discretion, deems appropriate, any such provider must be franchised by the City. Such right
shall include, without limitation, the right to select and contract with companies licensed, if
applicable, to provide such services in the vicinity of the Community, and to charge individual
users a reasonable fee not to exceed the maximum allowable charge for such service, as from
time to time is defined by the laws, rules, and regulations of the relevant government authority,
if applicable. Declarant may receive, and shall be entitled to retain, any rebate, credit, fee, or
incentive relating to the installation, operation, or provision of any Community Systems and
Services.
During the Development and Sale Period, Declarant may require that the Association
enter into agreements for the provision of Community Systems and Services to all Lots as a
Common Expense, 'or to Lots within a particular Service Area as a Service Area Expense. If
particular services or benefits are provided to particular Owners or Lots at their request, the
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benefited Owner(s) shall pay the service provider directly for such services, or the Association
may assess the costs as a Benefited Assessment.
10.7. Rights To Use Names; License Agreements.
The names "Heritage Park Townhomes," "Centex Homes," and all similar or derivative
names, along with all logos associated therewith, are the proprietary trade names and service
marks of Centex Homes, Declarant, or their Affiliates. No Person shall use such trade names or
service marks for advertising or any other purpose in any promotional material, whether printed,
audio, video, or otherwise, in any signage, or in any logo or depiction or in any other fashion or
manner without the prior written consent of the Person who owns such mark in each instance. In
addition, due to the integrated nature of the Community as a planned community, and the public
identification of the Lots with the Community, any name or "logo" to be used in connection with
or displayed on any Lot, and any sales or other materials or documentation related to the use of
the Lot, shall be subject to Declarant's prior written consent in each instance. Such approval may
be given or withheld in Declarant's discretion and may be subject to such terms and conditions as
Declarant deems appropriate in Declarant's discretion.
Notwithstanding the above, Owners may use the name "Heritage Park Townhomes"
where such term is used solely to specify that their particular Lot is located within the
Community (subject, however, to such terms and conditions as Declarant may"impose in order to
protect its registered trade names and service marks).
The mark or trademark owner may condition such use of the mark by the Association or
any Owner upon the signing of one or more license agreement(s) which are intended to protect
the trade names and service marks from unauthorized use by others. Such license agreement(s)
shall be non-exclusive, non-transferable, in form and substance acceptable to the owner of the
mark.
10.8. Easement to Inspect and Right to Correct.
Declarant reserves for itself and others it may designate, from time to time, the right to
inspect, monitor, test, redesign, modify and correct any structure, improvement, or condition
which may exist on any portion of the Community, including Lots, and a nonexclusive easement
of access throughout the Community to the extent reasonably necessary to exercise such right.
Except in an emergency, entry onto a Lot shall be only after reasonable notice to the Owner and
no entry into a dwelling or other structure on a Lot shall be permitted without the Owner's
consent, which consent shall not unreasonably be withheld, conditioned, or delayed. The failure
or refusal to permit reasonable access to the Lot for the purposes contemplated under this
paragraph shall excuse Declarant or its designee from responsibility for repairs or damages
relating to defective workmanship or materials. The Person exercising this easement shall
promptly repair, and pay for, any resulting damage. The provisions of this paragraph do not
impose any obligation on Declarant or any other Person to perform any such inspection,
monitoring, testing, redesigning, modification, or correction.
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10.9. Right to Notice of Design or Construction Claims.
No Person shall retain an expert for the purpose of inspecting the design or construction
of any structures or improvements within the Community in connection with or in anticipation of
any potential or pending claim, demand, or litigation involving such design or construction
unless Declarant has been first notified in writing and given an opportunity to meet with the
property Owner and conduct an inspection.
10.10. Termination of Rights.
Rights granted Declarant under this Article (other than the rights granted in Sections 10.6
and 10.7) shall terminate upon the earlier of (a) the period specified in the particular Section, if
any; or (b) 25 years from the date this Declaration is recorded. Thereafter, Declarant may
continue to use the Common Areas for the purposes stated in this Article only pursuant to a
. rental or lease agreement between Declarant and the Association which provides for rental
payments based on the fair market rental value of any such portion of the Common Areas.
Notwithstanding the above, Declarant r~serves for itself and its Affiliates a perpetual, non-
exclusive easement of access to and use of the Common Areas in connection with the marketing
and sale of other properties in order to show the Commmiity as an example of Declarant's
projects. This Article shall not be amended without Declarant's prior written consent.
10.11. Exclusion of Declarant's Other Properties.
By accepting a deed to a Lot, each Owner specifically acknowledges that nothing
contained in this Declaration shall, in any way, either expressly or by implication, restrict, limit,
or otherwise affect the use or disposition by Declarant or any Declarant Affiliate of any property
either of them owns, whether contained within or contiguous to the Community. Declarant and
its Affiliates shall have full, free, and unrestricted use of its and their other lands,
notwithstanding any incompatibility of such use with restrictions this Declaration imposes upon
the Lots. By accepting a deed to a Lot, each Owner, specifically and expressly disclaims any
reciprocal negative easement in any property Declarant owns.
Article XI Easements
11.1. Easements in Common Area.
Subject to the provisions below, every Owner shall have a right to use an easement of
enjoyment in and to the Common Area or Limited Common Area, together with an easement of
access to and from the Common Area or Limited Common Area, which shall be appurtenant to
and shall pass with the title to the Lot owned by such Owner. Declarant grants to each Owner a
right and easement of use, access and enjoyment in and to the Common Area as stated in this
Section 11.1:
(a) The Governing Documents and any other applicable covenants;
(b) Any restrictions or limitations contained in any deed conveying the property to the
Association;
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(c) The Board's right to:
(i) adopt rules regulating Common Area use, including, without limitation, rules
limiting the number of guests who may use the Common Area~ and charge use fees for such use;
(ii) subject to Florida law, to suspend the right of an Owner and its guests and
. invitees to use any Common Maintenance Area amenity (A) for any period during which any
assessment or other charge against the Owner's Lot remains delinquent, and (B) for a period not
to exceed 30 days for a single violation, or for a longer period in the case of any continuing
violation, of the Governing Documents;
(iii) dedicate or transfer all or any part of the Common Area, subject to any
approval requirements set forth in this Declaration;
(iv) rent any portion of any the Common Area on an exclusive or non-exclusive
short-term basis to any Person;
(v) permit use by the general public, which use may, but need not, be subject to
admission charges, membership fees, or other user fees established in the Board's discretion
(except to the extent inconsistent with any easement agreement relating thereto); and
(vi) mortgage, pledge, or hypothecate any or all of the Common Area as security
for money borrowed or debts incurred, subject to the approval requirements set forth in
Section 16.9.
(d) The rights of certain Owners to the exclusive use of those portions of the Common
Area designated "Limited Common Areas," if any, as described in Article XIII.
Any Owner may extend his or her right to use the Common Area to the members of his or
her family, tenants, and social invitees, as applicable, subject to reasonable Board regulation. An
Owner who leases his or her Lot in accordance with this Declaration shall be deemed to have
assigned all such rights to the tenants of such Lot for the lease term and shall not have any right
to utilize the Common Area during such term, except as necessary to access the Lot.
11.2. Easements of Encroachment.
Declarant grants easements of encroachment, and for maintenance and use of any
permitted encroachment, between each Lot and any adjacent Common Area and between
adjacent Lots, to a distance of less than three feet, as measured from any point on the common
boundary along a line perpendicular to such boundary. Such easement shall permit
encroachment only by a structure or fixture which has been approved in accordance with Article
IV of this Declaration and which is unintentionally constructed on another's property. An
encroachment easement shall not exist if the encroachment results from willful and knowing
conduct on the part of, or with the knowledge and consent of, the Person claiming the benefit of
such easement.
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11.3. Easements for Utilities, Etc.
(a) Installation and Maintenance. Declarant reserves for itself, its successors and
assigns, so long as Declarant or any Declarant Affiliate owns any property described in
Exhibit" A" or "B," and grants to the Association, subject to Declarant's rights under Section
10.6, perpetual, non-exclusive easements throughout the Community to: (i) install utilities and
infrastructure to serve the Community, cable and other systems for sending and receiving data
and/or other electronic signals, drainage systems, and security and similar systems and other
Community Systems and Services; (ii) install walkways, pathways and trails, curb cuts,
driveways and paved areas, street lights, and signage on property which Declarant or the
Association owns or within public rights-of-way or easements reserved for such purpose on a
Plat; (iii) inspect, maintain, repair, and replace the utilities, infrastructure, and other
improvements described above; and (iv) access and read utility meters. The right, license, or
easement granted to a utility supplier shall include the non-exclusive right to ingress and egress
over any streets for access and maintenance of its equipment and facilities.
Declarant reserves the right to deny access to any utility or service provider, to the extent
permitted by law, or to condition such access on negotiated terms.
(b) Specific Easements. Declarant. also reserves for itself the non-exclusive right and
power to record such specific easements as may be necessary, in Declarant's discretion, to
develop the Community or otherwise as they may relate to the community. The location of the
easement shall be subject to the written approval of the burdened property Owner, which
approval shall not umeasonably be withheld, delayed, or conditioned.
(c) Interference. All work associated with the exercise of the easements described in
subsections (a) and (b) of this Section shall be performed in such a manner as to minimize, to
the extent practicable, interference with the use and enjoyment of the property burdened by the
easement. Upon completion of the work, the Person exercising the easement shall restore the
property, to the extent reasonably practical, to the condition existing prior to the work. The
exercise of these easements shall not extend to permitting entry into the structures on any Lot,
nor shall it umeasonably interfere with the use of any Lot and, except in an emergency, entry
onto any Lot shall be made only after reasonable notice to the Owner or occupant.
11.4. Easements to Serve Additional Property.
Declarant reserves for itself and its duly authorized agents, successors, assigns, and
Mortgagees, an easement over the Common Area for enjoyment, use, access, and development of
the property described in Exhibit "B," whether or not such property is made subject to this
Declaration. This easement includes, but is not limited to, a right of ingress and egress over the
Common Area for construction of roads and for connecting and installing utilities.
If the above easement is exercised for permanent access to any property which is not
submitted to this Declaration, Declarant, or its successors or assigns, shall enter into a reasonable
agreement with the Association to share the cost of maintenance that the Association provides for
the benefit of the easement holder, except to the extent such easement was created prior to the
recordation of this Declaration. The shared maintenance costs may include maintenance to or
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along any roadway providing access to the benefited property. The commercial property located
at the entrance to the community shall share in the cost of maintenance, repair and replacement
of a portion of a road as described in a Joint Use and Maintenance Agreement between the
Association and the owner of the commercial property.
11.5. Easements for Maintenance, Emergency, and Enforcement.
Declarant grants to the Association easements over the Community as necessary for the
Association to fulfill its maintenance responsibilities under this Declaration and any
Supplemental Declaration. The Association shall also have the right, but not the obligation, to
enter upon any Lot for emergency, security, and safety reasons, to perform maintenance and to
inspect for the purpose of ensuring compliance with and enforcing the Governing Documents.
Such easement and right may be exercised by the Association through its officers, directors,
committee members, employees, contractors, or agents in their capacities as such and by all
emergency personnel in the performance of their duties. Except in an emergency situation, entry
shall only be during reasonable hours and after notice to the Owner.
Declarant grants to the Association, subject to any required notice, an easement and right
to enter a Lot to abate a Governing Document violation and/or to remove any structure, thing, or
condition that violates the Governing Documents. Any costs incurred, including Legal Costs,
shall be assessed against the Lot Owner as a Benefited Assessment.
11.6. Easements for Maintenance of Bodies of Water and Flooding.
Declarant reserves for itself, the Association, the St. Johns River Water Management
District, and their successors, assigns, and designees, the nonexclusive right and easement, but
not the obligation, to enter upon bodies of water and wetlands located within the Common
Maintenance Areas to (a) install, operate, maintain, repair, and replace pumps and other
equipment to supply irrigation water to the Common Maintenance Areas; (b) construct, maintain,
repair, and replace structures and equipment used for retaining, detaining, and otherwise
controlling water; and (c) maintain such areas in a manner consistent with the Community-Wide
Standard and applicable legal requirements. Declarant, the Association, the St. Johns River
Water Management District, and their successors, assigns, and designees shall have an access
easement over ;lnd across any portion of the Community which abuts or contains bodies of water
or wetlands to the extent reasonably necessary to exercise their rights under this Section.
Declarant further reserves for itself, the Association, and their successors, assigns and
designees, a perpetual, nonexclusive right and easement of access and encroachment over the
Common Maintenance Area and Lots (but not inside a dwelling or other structure) adjacent to or
within 50 feet of bodies of water and wetlands within the Community, in order to (a) temporarily
flood and back water upon and maintain water over such portions of the Community; (b) alter in
any manner and generally maintain the bodies of water and wetlands within the Common
Maintenance Areas; and (c) maintain and landscape the slopes and banks pertaining to such
areas. Anyone exercising these easements shall use reasonable care in and repair any damage
resulting from their intentional exercise of the easements. Nothing herein shall be construed to
make Declarant or any other Person liable for damage resulting from flooding due to natural
U:\Orlando\Transactions\Heritage Park 08-0 1-006\DCCRs.Clean-R6.d~
occurrences or for other occurrences not reasonably foreseeable or under the control of Declarant
or such other Person.
11.7. Easements for Cross-Drainage.
All portions of the Community shall be burdened with easements for drainage of
stormwater runoff from other portions of the Community; however, no Person other than
Declarant shall alter the drainage on any Lot to increase materially the drainage of stormwater
onto adjacent portions of the Community without the consent of the Owner(s) of the affected
property, the Board, and Declarant during the Development and Sale Period.
11.8. Rights to Stormwater Runoff. Effluent. and Water Reclamation.
Declarant reserves for itself and its designees all rights to ground water, surface water,
stormwater runoff, and effluent located or produced within the Community, and each Owner
agrees, bY' acceptance of a deed to a Lot, that Declarant shall retain all such rights. Such rights
shall include the reservation of an easement over the Community for access, and for installation
and maintenance of facilities and equipment to capture and transport. such Water, runoff, and
effluent. This Section may not be amended without Declarant's consent, and the rights created in
this Section shall survive termination of this Declaration.
11.9. Easement for Maintenance of Surface Water and Storm Water Management
System.
The Association shall have a perpetual, non-exclusive easement over all portions of the
Surface Water and Storm Water Management System for access to operate, maintain, repair, or
replace the system. By this easement, the Association shall have the right to enter upon any
portion of any Lot which is a part of or adjacent to the Surface Water and Storm Water
Management System, at a reasonable time and in a reasonable manner, to operate, maintain,
repair, or replace the system as the City or any governmental agency or quasi-governmental body
requires or permits. Additionally, the Association shall have a perpetual, non-exclusive easement
for drainage over the entire Surface Water and Storm Water Management System, and the owner
of the pumps, pipes, and other apparatus comprising the system shall have an easement of access
and maintenance as necessary for the operation, maintenance, repair, and replacement of such
equipment. No Person other than Declarant shall alter the drainage flow of or over the Surface
Water and Storm Water Management System, including buffer areas or swales, without the
Association's prior written approval, and, during the Development and Sale Period, Declarant's
written consent.
11.10. Entrance Feature Easement.
Declarant reserves for itself and the Association an easement (herein referred to as the
"Entrance Feature Easement") over, upon, and across all areas designated as "Landscape Tract,"
"Landscape Area," or "Open Space" or identified by similar designation, on any Plat, for erection,
installation, operation, maintenance, repair, and replacement of Community signs, walls,
monuments, fencing, decorative improvements, gates and/or other gate control measures, and
other entry features, together with landscaping, lighting, utility, and irrigation facilities. No
Owner shail obstruct access to the Entrance Feature Easement, or install or remove any plant or
other improvement or installation placed in the Entrance Feature Easement by the beneficiaries
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thereof, or obstruct the view of the Entrance Feature Easement from the adjacent street right-of-
way. All Community signs, walls, monuments, gates, entry features, landscaping, utility,
irrigation and other permanent improvements installed in the Entrance Feature Easement by
Declarant shall become the Common Area of the Association upon conveyance from Declarant,
and the Association shall maintain such Entrance Feature Easement and the improvements
therein as part of the Common Area. In addition, Declarant shall have the right, without the prior
approval of the Association or any Owner, to erect marketing signs within the Entrance Feature
Easement, and to change, move, remove, repaint, maintain, and otherwise exercise complete and
unfettered control over such marketing signs at all times prior to the sale of the last Lot owned by
Declarant in the Community, and all such marketi!1g signs shall be and remain the exclusive
property of Declarant and shall not be deemed part of the Common Area owned by the
Association.
11.11. Easement for Irrigation Equipment.
The Association shall have a perpetual, non-exclusive easement over, under and through
all exterior portions of each Lot, except any area upon which buildings have been erected by
Declarant or otherwise in' accordance with Article IV, for the purpose of installing, maintaining,
repairing, replacing and operating all irrigation equipment, systems and lines serving all or any
portion of the Common Area.
11.12. Private Roadways.
(a) The private roadways within the Community ("Roadways"), as depicted on ariy
Plat, shall be owned by the Association as Common Areas and shall not be dedicated to the City
or to public use by recordation of such Plat. Use of such Roadways shall be subject to and in
accordance with any rights and easements shown on the Plats and such reasonable Use
Restrictions and Rules as the Association may adopt from time to time consistent with this
Declaration, the Plat, and any law, ordinance, or regulation governing the Community.
(b) Declarant hereby reserves unto itself, its agents, employees, successors, and
assigns an easement over the Roadways for the purpose of constructing, maintaining, repairing,
or rebuilding any subdivision improvements installed or to be installed in the Community and for
performing any other work within the Community which Declarant deems reasonably necessary,
in its discretion, or which Declarant is required to perform pursuant to a contract with any Owner
or pursuant to the requirements of any government agency having jurisdiction over the
Community. With regard to construction on any of the Lots by the Owners thereof, the
contractors, subcontractors, laborers, materialmen, and other Persons providing construction
services and materials to any such Lots shall have access to such Lots over the Roadways subject
to such rules as the Association may adopt; however, during the Class "B" Control Period,
Declarant shall have the right to prohibit the use of the Roadways by such Persons and to
designate alternate. access easements for such Persons.
(c) The Declarant hereby creates a perpetual, nonexclusive easement for access,
ingress, and egress over the Roadways for law enforcement, fire fighting, paramedic, rescue, and
other emergency vehicles, equipment, and personnel; for school buses; for U.S. Postal Service
delivery vehicles and personnel; and for vehicles, equipment, representatives of electrical,
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telephone, cable television and other utilities servicing the Community, and personnel providing
garbage collection service to the Community provided that such easement shall not authorize any
such Persons to enter the Community except while acting in their official capacities.
The existence of this easement shall not preclude the Association from maintaining gates
or other devices or systems designed to limit general vehicular access to the Community,
provided that the Association at all times maintains systems and/or procedures to permit the
uncontested entry of Persons authorized to exercise the easements granted in this subsection
without unreasonable interference or delay.
11.13. General Development Easements.
The Declarant reserves for itself, its successors or assigns, a blanket easement throughout
the entire Community, to allow it to take whatever action it determines is necessary or beneficial
to the development or operation of the Community. This blanket easement is to allow the
Declarant to construct all of its improvements in the Community, whether on Common Area or
on Lots, in the manner that it deems necessary. This means that the Declarant has access and use
of any Lot or Common Area. as is necessary to construct any improvement within the
Community. It also is reserved for the purpose of allowing the Declarant, if it deems necessary,
to repair, relocated, construct, or maintain any of the improvements installed in the Community.
Article XII Conservation Easements, Natural Conditions and Preserves
12.1. Conservation Easements.
(a) Establishment of Conservation Easements. The provisions of Section 704.06,
Florida Statutes establish the right of the St. Johns River Water Management District and/or the
County (the "Easement Grantee") to accept easements for the preservation of the natural habitat
(such easements shall be referred to herein as the "Conservation Easements"). There are no
Conservation Easements established by this Declaration; however, Declarant reserves unto itself
and to the Association the right to grant such easements over and upon portions of the Common
Area unto the Easement Grantee pursuant to the provisions of Section 704.06, Florida Statutes.
Any Conservation Easements so granted shall be subject to the requirements of Section 704.06,
Florida Statutes and the Easement Grantee, and the following provisions. For the purposes of
this Declaration, any portion of the Common Area encumbered by a Conservation Easement shall
be referred to as the "Conservation Easement Property."
(b) Purpose. The purpose of a Conservation Easement is to assure that the
Conservation Easement Property will be retained forever in its existing natural condition and to
prevent any use of the Conservation Easement Property that will impair or interfere with the
environmental value of the Conservation Easement Property.
(c) Prohibited Acts and Uses. Any activity on or use of the Conservation Easement
Property inconsistent with the purpose of a Conservation Easement is prohibited. Without
limiting the generality of the foregoing, the following activities and uses are expressly prohibited:
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(i) constructing or placing 'buildings, roads, SIgnS, billboards, or other
advertising, utilities or other structures on or above the ground;
(ii) dumping or placing soil or other substances or material as landfill or
dumping or placing of trash, waste or unsightly or offensive materials;
(iii) removing, mowing, trimming or destroying trees, shrubs, or other
vegetation;
(iv) excavating, dredging, or removing loam, peat, gravel, soil, rock, or other
material substances in such a manner as to affect the surface;
(v) using the surface area of the Conservation Easement, except for purposes
that permit the land or water area to remain predominantly in its natural condition;
(vi) activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation;
(vii) acting upon or using the Conservation Easement in a manner detrimental
to such retention of land or water areas;
(viii) acting upon or using the Conservation Easement in a manner detrimental
to the preservation of the structural integrity or physical appearance of sites or properties of
historical, architectural, archaeological, or cultural significance;
(ix) constructing or installing utilities on, below, or above the ground without
appropriate local, state, and federal permits or other authorization; and
(x) applying of herbicides, pesticides, or fertilizers.
(d) Reserved Rights. The owner of record title to the Conservation Easement
Property reserves unto itself, and its successors and assigns, all rights accruing from its
ownership of the Conservation Easement Property, including the right to engage in or permit or
invite others to engage in all uses 'of the Conservation Easement Property that are not expressly
prohibited herein and are not inconsistent with the purpose of the Conservation Easement.
(e) Rights of Easement Grantee. To accomplish the purposes stated herein, the owner
of record title to the Conservation Easement Property shall, upon the request of Declarant or the
Easement Grantee, grant the following rights to the Easement Grantee:
(i) to enter upon and insp~ct the Conservation Easement Property in a
reasonable manner and at reasonable times to determine if the Association, the Owners and
Declarant or its successors and assigns are complying with the covenants and prohibitions
contained in the Conservation Easement; and
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(ii) to proceed at law or in equity to enforce the provisions of the Conservation
Easement and the covenants set forth therein, to prevent the occurrence of any of the prohibited
activities set forth herein, and require the restoration of areas or features of the Conservation
Easement Property that may be damaged by any activity inconsistent with the Conservation
Easement.
(f) Easement Grantee's Discretion. The Easement Grantee may enforce the terms of
the Conservation Easement at its discretion, but if the Association, Declarant, or any Owner,
breaches any term of the Conservation Easement and the Easement Grantee does not exercise its
ri~hts under the Conservation Easement, the Easement Grantee's forbearance shall not be
construed to be a waiver by the Easement Grantee of such term, or of any subsequent breach of
the same, or any other term of the Conservation Easement, or of any of the Easement Grantee's
rights under the Conservation Easement. No delay or omiss}on by the Easement Grantee in the
exercise of any right or remedy upon any breach by the Association, Declarant or any Owner
shall impair such right or remedy or be construed as a waiver. The Easement Grantee shall not
be obligated to Declarant, or to any other person or entity, to enforce the provisions of the
Conservation "Easement.
(g) Easement Grantee's Liability. The owner of the fee interest in the Conservation
Easement Property shall retain all liability for any injury or damage to the person or property of
third parties that may occur on the Conservation Easement Property. Neither Declarant, nor any
Owner, nor any person or entity claiming by or through Declarant or any Owner, shall hold the
Easement Grantee liable for any damage or injury to person or personal property that may occur
on the Conservation Easement Property.
(h) Acts Beyond Declarant's Control. Nothing contained in the Conservation
Easement shall be construed to entitle the Easement Grantee to bring any action against
Declarant for any injury to or change in the Conservation Easement Property resulting from
natural causes beyond Declarant's control, including, without limitation, fire, flood, storm and
earth movement, or from any necessary action taken by Declarant under emergency conditions to
prevent, abate, or mitigate significant injury to the Conservation Easement Property or to persons
resulting from such causes.
(i) Recordation. Declarant shall record any Conservation Easement in a timely
fashion and Declarant and the Owners of any Lots encumbered by the Conservation Easement
shall re-record it by separate instrument at any time the Easement Grantee may require to
preserve its rights. The Owners of any Lots encumbered by the Conservation Easement shall pay
all recording costs and taxes necessary to record the Conservation Easement. Declarant will hold
the Easement Grantee harmless from any recording costs or taxes necessary to record the
Conservation Easement.
(j) Successors. The covenants, terms, conditions, and restnchons of the
Conservation Easement shall be binding upon, and inure to the benefit of, the parties hereto and
their respective personal representatives, heirs, successors, and assigns and shall continue as a
servitude running in perpetuity with the Conservation Easement Property.
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(k) Restrictive Covenants Affecting Conservation Easements. No Owner or other
person shall cut, remove, destroy, or otherwise disturb any plant, shrub, tree, or other vegetation
within any Conservation Easement created pursuant to this Article, nor shall any person,
including, but not limited to any Owner, Declarant, and the Association, deposit dirt, fill, grass
clippings, trash, rubbish, tree trimmings, building materials, or other waste within such
easements without the prior written consent (as evidenced by any required permit or other official
certification) of the Association, Declarant, the County, and the St. Johns River Water
Management District.
12.2. Natural Conditions.
(a) The Community may contain a number ofmanmade, natural, and environmentally
sensitive areas that may serve as habitats for a variety of native plants and wildlife, including,
without limitation, insects, venomous and non-venomous snakes and other reptiles, alligators,
and other animals, some of which may pose hazards to persons or pets coming in contact with
them. Each Owner and occupant of any Lot, and every Person entering the Community (i),
acknowledges that such plants and wildlife are indigenous to the area and are not restrained or
restricted in their movements within or through the Community; and (ii) assumes all risk of
personal injury arising from the presence of such plants and wildlife within the Community.
Neither the Association, Declarant, any predecessor Declarant, any builder, nor the members,
partners, affiliates, officers, directors, shareholders, attorneys, agents, or employees of any of the
foregoing, shall have any duty to take action to control, remove, or eradicate any plant or wildlife
in the Community, nor shall they have any liability for any injury resulting from the presence,
movement, or propagation of any plant or wildlife within or through the Community.
(b) The natural areas described in subsection (a) above may also contain creeks,
ponds, or intermittent pools of water, muddy areas, and underbrush, among other things, all of
which are important to the ecological balance and maintenance of the area as a wildlife habitat.
No Owner or occupant of a Lot shall enter upon, or permit their guests or any other person acting
on their behalf to enter upon, or disturb such areas in any way without the Association's or
Declarant's prior written approval.
Article XIII Limited Common Areas
13.1. Purpose.
Certain portions of the Common Area may be designated as Limite~ Common Area and
reserved for the exclusive use or primary benefit of Owners and occupants of one or more, but
less than all, Lots. By way of illustration and not limitation, Limited, Common Areas may
include entry features, recreational facilities, landscaped medians and cul-de-sacs, private roads,
lakes, ponds and other portions of the Common Area primarily serving a limited area. All costs
associated with ownership, maintenance, repair, replacement, management, operation and
insurance of a Limited Common Area shall be a Limited Common Expense allocated in
accordance with Section 8.1(b) among the Owners in the Service Area to which the Limited
Common Area is assigned.
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13.2. Designation.
Initially, any Limited Common Area shall be designated as such in the deed conveying
such area to the Association or on the subdivision plat relating to such Common Area; however,
any such assignment shall not preclude Declarant from later assigning use of the same Limited
Common Area to additional Lots during the Development and Sale Period.
Thereafter, a portion of the Common Area may be assigned as Limited Common Area
upon approval of (a) the Board, (b) Members representing a majority of the total Class "A" votes
in the Association, and (c) Members entitled to cast a majority of the Class "A" votes attributable
to Lots to which the Limited Common Area is proposed to be assigned or reassigned. During the
Development and Sale Period, any such assignment or reassignment shall also require Declarant's
written consent.
. . ~ .-
13.3. Use by Others.
Upon approval of a majority of Owners of Lots to which any Limited Common Area is
assigned, and subject to such restrictions as such Owners may impose, the Association may
permit Owners of other Lots to use all or a portion of such Limited Common Area upon payment
of reasonable user fees, which fees shall be used to offset the Limited Common Expenses
attributable to such Limited Common Area.
Article XIV Party Walls and Other Shared Structures
14.1. General Rules of Law to Apply.
Each wall, fence, driveway, or similar structure built as a part of the original construction
on the Lots that serves any two adjoining Lots shall constitute a party structure. For the purposes
of this Article, any fence that serves to enclose only one Lot or which is otherwise installed at the
option of the Owner of a Lot shall not be deemed a party structure. To the extent not inconsistent
with the provisions of this Section, the general rules of law regarding party walls and liability for
'property damage due to negligence or willful acts or omissions shall apply to party structures.
Any dispute arising concerning a party structure shall be handled in accordance with the
provisions of Article XV.
14.2. Maintenance; Damage and Destruction.
Unless otherwise specifically provided in additional covenants relating to such Lots, the
Owners sharing the party structure shall share equally in the cost of necessary or appropriate
party structure repairs and maintenance; however, painting and other aesthetic modifications
visible only to one side of the structure shall be the responsibility of the Lot Owner with such
visibility.
If a party structure is destroyed or damaged by fire or other casualty, then, to the extent
that such damage is not covered by insurance and repaired out of the proceeds of insurance, any
Owner sharing the structure may restore it and be entitled to contribution for the restoration cost
in equal proportions from other sharing owners. However, such contribution will not prejudice
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the right to call for a larger contribution from the other users under any rule of law regarding
liability for negligent or willful acts or omissions.
The right of any Owner to contribution from any other Owner under this Section shall be
appurtenant to the land and shall pass to such Owner's successors-in-title.
Article XV Dispute Resolution
15.1. Agreement to Encourage Resolution of Disputes Without Litigation.
(a) Declarant, the Association and its officers, directors, and committee members, all
Persons subject to this Declaration, any builder and any Person not otherwise subject to this
Declaration who agrees to submit to this Article (collectively, "Bound Parties"), agree to attempt
to resolve disputes involving the Community or the Governing Documents without the emotional
and financial costs of litigation. Accordingly, each Bound Party agrees not to, directly or
indirectly, file a law suit for a Claim described in subsection (b), without first submitting the
Claim to the alternative dispute resolution procedures described in Section 15.2.
(b) As used in this Article, the term "Claim" shall refer to any claim, grievance, or
dispute arising out of or relating to
(i) the interpretation, application, or enforcement of the Governing
Documents;
(ii) the rights, obligations, and duties of any Bound Party under the Governing
Documents;
(iii) the design or construction of improvements within the Community, other
than matters of aesthetic judgment under Article IV, which shall not be subject to review; or
(iv) trespass, nuisance, property damage, or enforcement of laws, codes, or
ordinances within the Community,
except that the following shall not be considered "Claims" unless all parties to the matter
otherwise agree to submit the matter to the procedures set forth in Section 15.2:
(i) any Association action to collect assessments, sanctions or other amounts
due from any Owner;
(ii) any Association action to obtain a temporary or permanent restraining
order or injunction (or emergency equitable relief) and such ancillary relief as the court may
deem necessary in order to enforce the provisions of the Governing Documents or maintain the
status quo and preserve the Association's ability to enforce the provisions of the Governing
Documents;
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(Iii) any action between Owners, which does not include Declarant and/or the
Association as a party, if such suit asserts a Claim which would constitute a cause of action
independent of the Governing Documents;
(iv) any action in which any indispensable party is not a Bound Party; and
(v) any action as to which the applicable statute of limitations would expire
within 180 days of giving the Notice required by Section 15.2(a), unless the party or parties
against whom the Claim is made agree to toll, or extend, the Claim's statute of limitations to
comply with this Article.
15.2. Dispute Resolution Procedures.
(a) Notice. The Bound Party asserting a Claim ("Claimant") against another Bound
Party ("Respondent") shall give written notice ("Notice") by certified mail, return receipt
requested; overnight delivery by a nationally recognized courier that provides tracking and
receipt services; or personal delivery to each Respondent, and to the Board, stating plainly and
concisely:
(i) the nature of the Claim, including the Persons involved and Respondent's
role in the Claim;
(ii) the legal basis of the Claim (i.e., the specific authority out of which the
Claim arises);
(iii) the Claimant's proposed resolution or remedy; and
(iv) the Claimant's desire to meet with the Respondent to discuss in good faith
ways to resolve the Claim.
(b) Negotiation. The Claimant and Respondent shall make every reasonable effort to
meet in person and confer for the purpose of resolving the Claim by good faith negotiation. If
requested in writing, accompanied by a copy of the Notice, the Board may appoint a
representative to assist the parties in negotiating a resolution of the Claim.
(c) Mediation. If the Bound Parties have not resolved the Claim through negotiation
within 30 days of the date of the Notice (or within such other agreed upon period), the Claimant
shall have 30 additional days to submit the Claim to mediation with an entity designated by the
Association (if the Association is not a party to the Claim) or to an independent agency providing
dispute resolution services in ,the County. Each Bound Party shall present the mediator with a
written summary of the Claim.
If the Claimant does not submit the Claim to mediation within such time, or does not
appear for and participate in good faith in the mediation when scheduled, the Claimant shall be
deemed to have waived the Claim, and the Respondent shall be relieved of any and all liability to
the Claimant (but not third parties) on account of such Claim.
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If the Bound Parties do not settle the Claim within 30 days after submitting the matter to
mediation, or within such time as' determined reasonable by the mediator but which will not
cause the statute of limitations to expire, the mediator shall issue a notice of termination of the
mediation proceedings indicating that the Parties are at an impasse and the date that mediation
was terminated. The Claimant shall thereafter be entitled to file suit or to initiate administrative
or other proceedings on the Claim, as appropriate.
Each Bound Party shall bear its own costs of the mediation, including attorneys' fees, and
each Party shall share equally all fees charged by the mediator.
(d) Settlement. Any settlement of the Claim through negotiation or mediation shall
be documented in writing and signed by the Bound Parties. If any Bound Party thereafter fails to
abide by the terms of such agreement, then any other Bound Party may file suit or initiate
administrative proceedings to enforce such agreement without the need to again comply with the
procedures set forth in this Section. In such event, the Bound Party taking action to enforce the
agreement shall, upon prevailing, be entitled to recover from the p.on-complying Bound Party (or
each one in equal proportions) all costs incurred in enforcing such agreement, including, without
limitation, Legal Costs.
15.3. Initiation of Litigation by Association.
After the Class "B" Control Period, the Association shall not initiate any judicial or
administrative proceeding which is reasonably expected to cost $25,000.00 or more in legal fees
to prosecute to completion unless first approved by the Board upon the specific recommendation
of the Dispute Resolution Committee (if created as provided in the By-Laws), or a majority ofthe
Class "A" votes in the Association. The Dispute Resolution Committee's recommendation must
be in writing and must be accompanied by a feasibility analysis including an explanation of the
issues, a budget for legal and related expenses, the amount in controversy, the expectation of
success, and a copy of bids from a minimum of three qualified law firms.
Article XVI Mortgagee Provisions
The following provisions are for the benefit of holders, insurers, and guarantors of first
Mortgages on Lots. The provisions of this Article apply to both this Declaration and to the By-
Laws, notwithstanding any other provisions contained therein.
16.1. Notices of Action.
An institutional holder, insurer, or guarantor of a first Mortgage which provides a written
request to the Association (such request to state the name and address of such holder, insurer, or
guarantor and the street address of the Lot to which its Mortgage relates, thereby becoming an
"Eligible Holder"), will be entitled to timely written notice of:
(a) Any condemnation loss or any casualty loss which affects a material portion of the
Community or which affects any Lot on which there is a first Mortgage held, insured, or
guaranteed by such Eligible Holder;
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(b) Any delinquency in the payment of assessments or charges owed by a Lot subject
to the Mortgage of such Eligible Holder, where such delinquency has continued for a period of
60 days, or any other violation of the Governing Documents relating to such Lot or the Owner or
occupant which is not cured within 60 days;
(c)
policy;
Any lapse, cancellation, or material modification of any Association insurance
(d) Any proposed action which would require the consent of a specified percentage of
Eligible Holders; or
(e) If the U.S. Department of Housing and Urban Development is insuring or the U.S.
Department of Veterans Affairs is guaranteeing the Mortgage on any Lot, material amendment to
the Governing Documents or extraordinary action of the Association, as defined under VA
Pamphlet 26-7, as it may be amended or superceded.
Otherwise, no consent from Eligible Holders shall be necessary to enable the Association
to accomplish any of its operational duties and responsibilities or to exercise any of its rights.
16.2. Special FHLMC Provision.
If any portion of the Community is a condominium, then to the extent required by the
Federal Home Loan Mortgage Corporation, the following provisions apply in addition to and not
in lieu of the foregoing. Unless at least 67% of the first Mortgagees or Class "A" Members
representing at least 67% of the total Association vote consent, the Association shall not:
(a) By act or omission seek to abandon, partition, subdivide, encumber, sell, or
transfer all or any portion of the real property comprising the Common Area which the
Association owns, directly or indirectly (the granting of easements for utilities or other similar
purposes consistent with the intended use of the Common Area shall not be deemed a transfer
within the meaning ofthis subsection);
(b) Change the method of determining the obligations, assessments, dues, or other
charges which may be levied against an Owner of a Lot (any decision or action in accordance
with the provisions of this Declaration or any Supplemental Declaration subsequently recorded
on any portion of the Community resulting in the levy of Service Area Assessments shall not be
subject to this provision);
(c) By act or omission change, waive, or abandon any scheme of regulations or
enforcement pertaining to architectural design, exterior appearance or maintenance of Lots and
the Common Area (the issuance and amendment of architectural standards, procedures, rules and
regulations, or use restrictions shall not constitute a change, waiver, or abandonment within the
meaning of this provision);
(d) Fail to maintain insurance, as required by this Declaration; or
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(e) Use hazard insurance proceeds for any Common Area losses for other than the
repair, replacement, or reconstruction of such property.
First Mortgagees may, jointly or singly, pay taxes or other charges which are in default
. and. which mayor have become a charge against the Common Area and may pay overdue
premiums on casualty insurance policies or secure new casualty insurance coverage upon the
lapse of an Association policy, and first Mortgagees making such payments shall be entitled to
immediate reimbursement from the Association.
16.3. Other Provisions for First Lien Holders.
To the extent not inconsistent with Florida law:
(a) Ally restoration or repair of the Community after a partial condemnation or
damage due to an insurable hazard shall be performed substantially in accordance with this
Declaration and the original plans and specifications unless the approval is obtained of the
Eligible Holders of first Mortgages on Lots to which more than 50% of the votes of Lots subject
to Mortgages held by such Eligible Holders are allocated.
(b) Any election to terminate the Association after substantial destruction or a
substantial taking in condemnation shall require the approval of the Eligible Holders of first
Mortgages on Lots to which more than 50% of the votes of Lots subject to Mortgages held by
such Eligible Holders are allocated.
16.4. Amendments to Documents.
The following provisions do not apply to amendments to the Governing Documents or
termination of the Association as a result of destruction, damage, or condemnation pursuant to
Section 16.3(a) and (b), or to the addition ofland in accordance with Article IX.
(a) The consent of at least 67% of the Class "A" votes, and the consent of Declarant,
during the Class "B" Control Period, and the approval of the Eligible Holders of first Mortgages
on Lots to which at least 67% of the votes of Lots subject to a Mortgage appertain, shall be
required to terminate the Association.
(b) If and to the extent FHA, or VA is insuring or guaranteeing any Mortgage on a
Lot, the consent of at least 67% of the Class "A" votes, and the consent of Declarant, during the
Class "B" Control Period, and the approval of Eligible Holders of first Mortgages on Lots to
which more than 50% of the votes of Lots subject to a Mortgage appertain, shall be required
materially to amend any provisions of the Declaration, By-Laws, or Articles of Incorporation, or
to add any material provisions thereto which establish, provide for, govern, or regulate any of the
following:
(i) voting;
(ii) assessments, assessment liens, or subordination of such liens;
U:\Orlando\Transactions\Heritage Park 08-01-006\DCCRs.Clean-R6.doo
(iii) reserves for maintenance, repaIr, and replacement of the Common
Maintenance Area;
(iv) insurance or fidelity bonds;
(v) rights to use the Common Maintenance Area;
(vi) responsibility for maintenance and repair ofthe Community;
(vii) expansion or contraction of Community or the addition, annexation, or
withdrawal of property to or from the jurisdiction of the Association;
(viii) boundaries of a Lot;
(ix) leasing of Lots;
(x) imposition of any right of first refusal or similar restriction of the right of
any Owner to sell, transfer, or otherwise convey his or her Lot;
(xi) establishment of self-management by the Association where professional
management has been required by an Eligible Holder; or
(xii) any provisions included in the Governing Documents which are for the
express benefit of holders, guarantors, or insurers of first Mortgages on Lots.
16.5. Construction of Article XVI.
Nothing contained in this Article shall be construed to reduce the percentage vote that
must otherwise be obtained under this Declaration, the By-Laws, or Florida law for any of the
acts set out in this Article.
16.6. No Priority.
No provision of this Declaration or the By-Laws gives or shall be construed as giving any
Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of
distribution to such Owner of insurance proceeds or condemnation awards for losses to or a
taking of the Common Area.
16.7. Notice to Association.
Upon request, each Owner shall be obligated to furnish to the Association the name and
address of the holder of any Mortgage encumbering the Owner's Lot.
16.8. Failure of Mortgagee to Respond.
Any Mortgagee who receives a written request from the Board to respond to or consent to
any action shall be conclusively deemed to have irrevocably approved such action if the
Association does not receive a written response from the Mortgagee within 30 days of the date of
the Association's request, provided such request is delivered to the Mortgagee by certified mail,
U:\Orlando\Transactions\Heritage Park 08-0 1-006\DCCRs.Clean-R6.d61
return receipt requested; overnight delivery by a nationally recognized courier that provides
tracking and receipt services; or personal delivery.
16.9. HUDN A Approval.
As long as there is a Class "B" membership, the following actions shall require the prior
approval of the U.S. Department of Housing and Urban Development ("HUD") or the U.S.
Department of Veterans Affairs ("V A"), if either such agency is insuring or guaranteeing the
Mortgage on any Lot or has granted project approval for such Mortgages: merger, consolidation,
or dissolution of the Association; annexation of additional property other than that described in
Exhibit "B"; dedication, conveyance (other than to correct errors on property descriptions or
other inconsequential or immaterial conveyances), or mortgaging of Common Area; or material
amendment of this Declaration or the By-Laws. The granting of easements for utilities or other
similar purposes consistent with the intended use of the Common Area shall not be deemed a
conveyance within the meaning of this Section.
Article XVII Disclosures and Waivers.
17.1. No Liability For Third Party Acts.
Owners and occupants of Lots, and their respective guests and in vi tees, are
responsible for their own personal safety and for their property in the Community. The
Association may, but is not obligated to, maintain or support certain activities within the
Community which are intended to promote or enhance safety or security within the
Community. However, the Association and Declarant shall not in any way be considered
insurers or guarantors of safety or security within the Community, nor shall they be held
liable for any loss or damage by reason of failure to provide adequate security or
ineffectiveness of security measures undertaken.
No representation or warranty is made that any systems or measures, including,
without limitation, fire protection, burglar alarm, or other security monitoring systems, or
any gate or other mechanism or system for limiting access to the Community, cannot be
compromised or circumvented, nor that any such systems or measures undertaken will
prevent loss or provide the detection or protection for which the system is designed or
intended. Each Owner acknowledges, understands, and shall be responsible for informing
its tenants and all occupants and invitees of its Lot that the Association, the Board and its
committees, Declarant and any predecessor Declarant are not insurers or guarantors of
security or safety and that each Person within the Community assumes all risks of personal
injury and loss or damage to property, including Lots and the contents of Lots, resulting
from acts of third parties.
Declarant may, but shall not be obligated to, employ or retain, at Declarant's sole cost and
expense, a person or persons to staff any gate or gatehouse located at the entrance to the
Community and perform such functions on behalf of Declarant as Declarant, in its sole
discretion, deems appropriate, including, but not limited to, facilitating access by contractors,
subcontractors, inspectors, brokers, and salespersons, and others to Lots that are under
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construction or for sale. Any such person employed or retained by the Declarant shall under no
circumstances be responsible for the security or safety of any persons or property within the
Community, nor shall the Association or any Owner or occupant of the Community be
authorized to direct or request favors of any such person. Neither Declarant nor the Association
shall have any obligation to staff any gatehouse or gate.
17.2. View Impairment.
Neither Declarant nor the Association guarantee or represent that any view over
and across the Lots or any open space within the Community will be preserved without
impairment. Neither Declarant nor the Association shall be obligated to relocate, prune, or
thin trees or other landscaping. The Association (with respect to the Common Area) and
Declarant have the right to relocate, prune, thin, or add trees and other landscaping from
time to time subject to applicable law. Any express or implied easements for view purposes
or for the passage of light and air are hereby expressly disclaimed.
17.3. Notices and Disclaimers as to Community Systems.
In recognition of the fact that interruptions in cable television and other Community
Systems and Services (as defined in Section 10.6) will occur from time to time, neither Declarant
nor any of Declarant's successors or assigns (and their Affiliates) shall in any manner be liable
for, and no Community System and Service user shall be entitled to refund, rebate, discount, or
offset in applicable fees, for any interruption in Community Systems and Services, regardless of
whether or not such interruption is caused by reasons within the service provider's control.
Declarant shall be entitled to retain any rebate, discount, or other compensation received from the
provider of any Community Systems and Services in connection with the installation or operation
of such system.
17.4. Construction Activities.
All Owners, occupants, and users of Lots are hereby placed on notice that
Declarant, any Declarant Affiliate, and/or their agents, contractors, subcontractors,
licensees, and other designees, successors, or assigns, shall, from time to time, conduct
construction activities within the Community. By the acceptance of a deed or other
conveyance or mortgage, leasehold, license, or other interest, and/or by using any portion
of a Lot or the Community generally, Owners, occupants and users of Lots acknowledge,
stipulate, and agree (a) such activities shall not be deemed nuisances, or noxious or
offensive activities, under any applicable covenants or at law generally; (b) not to enter
upon, or allow their children or other Persons under their control or direction to enter
upon (regardless of whether such entry is a trespass or otherwise), any property within or
in proximity to the Lot where such activities are being conducted (even if not being actively
conducted at the time of entry, such as at night or otherwise during non-working hours);
(c) that Declarant, any Declarant Affiliate, or predecessor Declarant, and all of their
agents, contractors, subcontractors, licensees, and other designees, successors, and assigns,
shall not" be liable for any losses, damages (compensatory, consequential, punitive, or
otherwise), injuries, or deaths arising from or relating to any breach of this covenant; (d)
that any purchase or use of any portion of a Lot has been and will be made with full
knowledge of the foregoing; and (e) this acknowledgment and agreement is a material
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..
inducement to Declarant or its Affiliates to sell, convey, lease, and/or allow the use of Lots
within the Community.
17.5. Water Management.
Each Owner acknowledges and agrees that some or all of the water features, if any,
or wetlands in or adjacent to the Community are designed as water management areas and
are not designed solely as aesthetic features. Due to fluctuations in water elevations within
the immediate area, water levels will rise and fall. Each Owner further acknowledges and
agrees that Declarant has no control over such elevations. Therefore, each Owner agrees to
release and discharge Declarant and Declarant Affiliates and any predecessor Declarant
from and against any and all losses, claims, demands, damages, and expenses of whatever
nature or kind, including, without limitation, Legal Costs, related to or arising out of any
claim relating to such fluctuations in water elevations. Owners shall not alter, modify,
expand, or fill any water features or wetlands located within or in the vicinity of the Community
without the prior written approval of Declarant and any local, state, or federal regulatory or
permitting authorities as may have relevant jurisdiction over such matters.
17.6. Liability for Association Operations.
The Association shall, to the fullest extent permitted by law, indemnify, defend, and hold
harmless Declarant and any predecessor Declarant (including their respective Affiliates,
successors, and assigns) from and against any and all losses, claims, demands, damages, costs,
and expenses of whatever kind or nature (including, without limitation, Legal Costs), which
relate to or arise out of Association management and operations, including, without limitation,
improvement, maintenance, and operation of amenities and other portions of the Common
Maintenance Areas and the collection of assessments.
Article XVIII Changes in Ownership of Lots
Any Owner, other than Declarant or any Declarant Affiliate, desiring to sell or otherwise
transfer title to his or her Lot shall give the Board at least 14 days' prior written notice of the
name and address of the purchaser or transferee, the date of such transfer of title, and such other
information as the Board may reasonably require. Notwithstanding the transfer of title, the
transferor shall continue to be jointly and severally responsible with the transferee for all
obligations of the Lot Owner, including assessment obligations, until the date upon which the
Board receives such notice, after which the original Owner shall be released from the obligation
to pay assessments levied after the date such notice is received.
Article XIX Changes in Common Area
19.1. Condemnation.
Whenever any part of the Common Area is taken or conveyed under threat of
condemnation by any authority having the power of eminent domain, the Board shall determine,
in the exercise of its business judgment, whether each Owner is entitled to notice. The award
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made for such taking shall be payable to the Association as trustee for all Owners to be disbursed
as follows:
If the taking involves a portion of the Common Area on which improvements have been
constructed, the Association shall restore or replace such improvements on the remaining land
included in the Common Area to the extent practicable, unless, within 60 days after such taking,
Members entitled to cast at least 75% of the total Class "A" votes and Declarant, during the
Development. and Sale Period, shall otherwise agree. Any such construction shall be in
accordance with plans the Board approves. The provisions of Section 7.3 regarding funds for the
repair of damage or destruction shall apply.
If the taking does not involve any Common Area improvements, or if a decision is made
not to repair or restore, or if net funds remain after any such restoration or replacement is
complete, then such award or net funds shall be disbursed to the Association and used for such
purposes as the Board shall determine.
19.2. Partition.
Except as permitted in this Declaration, the Common Area shall remain undivided, and
no Person shall bring any action for partition of any portion of the Common Area without the
written consent of all Owners and Mortgagees. This Section shall not prohibit the Board from
acquiring and disposing of tangible personal property nor from acquiring and disposing of real
property which may Of may not be subject to this Declaration.
19.3. Transfer or Dedication of Common Area.
The Association may convey, dedicate, or otherwise transfer portions of the Common
Area to the County or to any other local, state, or federal governmental or quasi-governmental
entity, with the consent of at least two-thirds of the Owners and such approval as may be required
by Section 16.9; however, any dedication or transfer of Limited Common Areas to the County or
to any other governmental entity shall require the consent of two-thirds of the Owners entitled to
use such Limited Common Area.
Article XX Amendment of Declaration
20.1. By Declarant.
In addition to specific amendment rights granted elsewhere in this Declaration, until the
first conveyance of a Lot to a Person other than Declarant or a Builder, Declarant may
unilaterally amend this Declaration for any purpose.
Thereafter and until termination of the Class "B" Control Period, Declarant may
unilaterally amend this Declaration if such amendment is necessary (a) to bring any provision
into compliance with any applicable governmental statute, rule, regulation, or judicial
determination; (b) to enable any reputable title insurance company to issue title insurance
coverage on the Lots; (c) to enable any institutional or governmental lender, purchaser, insurer,
or guarantor of mortgage loans, including, for example, the Federal National Mortgage
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Association, the Federal Home Loan Mortgage Corporation, HUD, or V A,. to make, purchase,
insure, or guarantee mortgage loans on the Lots; (d) to satisfy the requirements of any local, state,
or federal governmental agency; or ( e) for any other purpose which does not materially adversely
affect title to any Lot, unless the Owner of such Lot consents to such amendment.
20.2. By the Members.
Except as otherwise specifically provided above and elsewhere in this Declaration, this
Declaration may be amended only by the affirmative vote or written consent, or any combination
thereof, of Members representing at least 66 2/3% of the Association's total Class "A" votes. In
addition, during the Development and Sale Period, Declarant's written consent is required for any
amendment. The approval requirements set forth in Article XVI also shall be met, if applicable.
Notwithstanding the above, the percentage of votes necessary to amend a specific clause
shall not be less than the prescribed percentage of affirmative votes required for action to be
taken under that clause.
20.3.. Approval by St. Johns River Water Management District.
Notwithstanding Sections 20.1 and 20.2, any amendment to the Declaration that alters
any provision relating to the Surface Water and Storm Water Management System, beyond
maintenance in its original condition, including the water management portions of the Common
Areas, or amendment to this Section 20.3, must have the prior approval of the St. Johns River
Water Management District and the County.
20.4. Validity and Effective Date.
No amendment may remove, revoke, or modify any right or privilege of Declarant or the
Class "B" Member without the written consent of Declarant or the Class "B" Member,
respectively (or the assignee of such right or privilege). If an Owner consents to any amendment
to this Declaration or the By-Laws, it will be conclusively presumed that the Owner has the
authority to consent, and no contrary provision in any Mortgage or contract between the Owner
and a third party will affect the validity of such amendment.
Any amendment shall become effective upon the earliest of (a) actual notice; (b)
recording; or (c) later effective date specified in the amendment. Any procedural challenge to an
amendment must be made within six months of its recordation or such amendment shall be
presumed to have been validly adopted. In no event shall a change of conditions or
circumstances operate to amend any provisions of this Declaration.
20.5. Exhibits.
Exhibits "A" and "B" attached to this Declaration are incorporated herein and made a
part hereof by this reference and this Article shall govern amendment of such exhibits. Exhibit
"C" attached to this Declaration is incorporated herein and made a part hereof by reference and
may be amended as provided in Article III or pursuant to Sections 20.1 and 20.2. All other
exhibits are attached for informational purposes and may be amended as provided therein or in
the provisions of this Declaration that refer to such exhibits.
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Article XXI
Provisions For The Benefit ofthe City of Winter Springs
THE FOLLOWING PROVISIONS HAVE BEEN REQUIRED BY THE CITY OF WINTER SPRINGS
AS A CONDITION OF APPROVAL OF THE PLAT.
21.1. Rights of City of Winter Springs; Violations of Statutes. Laws. Ordinances. Codes
and Regulations.
Declarant hereby authorizes the City of Winter Springs ("City") to enforce the provisions
of Article ill, Sections 3.1 and 3.2; Article V, Section 5.1; Article VII, Sections 7.1, 7.6 and 7.14;
Article XI, Section 11.12; Article XX, Section 20.3; and all of this Article XXI, as a third party
beneficiary of such provisions. Notwithstanding all of Exhibit "C"; any covenant, condition,
easement or restriction established herein to the contrary, all Owners shall comply with all
applicable laws, statutes, ordinances, regulations and codes affecting the Lots, and no Owner
shall have the right to violate any applicable law, statute, ordinance, regulation or code.
21.2 Declarant's Obligation to Comply with City Requirements.
Notwithstanding anything contained in Article ill, Sections 3.1 and 3.2; Article VII,
Section 7.1; Article XI, Section 11.3; all of Article Xll; and all of Exhibit "C", or elsewhere
herein to the contrary, the Declarant, or its successors or assigns who assume responsibility for
development of the property, shall comply with the conditions for development established by
the City, including, but not limited to, creation of all landscape buffers, vegetative buffers and
Common Area improvements required by the City, and compliance with all zoning ordinances
and sign ordinances. These matters, and others, are governed by ordinances, codes or regulations
of the governmental authorities having jurisdiction of the property, or are contractual between the
Declarant and the City, and this provision does not (1) constitute any warranty or representation
by the Declarant to any Owner or to the Association, (2) make the Association or any Owner a
third party beneficiary of any commitments or agreements between the City and Declarant (3)
create any private right of enforcement for the benefit of the Association or any Owner, or (4)
otherwise amend, modify or affect any applicable agreement, order, ordinance, code or
regulation. Complaints by Owners or by the Association alleging violations of City ordinances,
codes, requirements or regulations shall be addressed to the City or other appropriate
governmental authority, and shall not be presented to the Board. Unless the lands involved are
Common Area that has been conveyed to the Association by the Declarant pursuant to this
Declaration, the Association shall not intervene in any dispute involving the City and the
Declarant concerning development of the property or compliance with City ordinances, codes,
regulations or agreements to which the Association is not a patty.
21.3. Owners' Obligation to Comply with City Requirements.
. Notwithstanding anything contained in Article ill, Section 3.1 or all of Exhibit "C", or
elsewhere herein to the contrary, all Owners shall comply with the ordinances, codes and
regulations of the City as applicable to ownership, use and maintenance of their Units, including,
but not limited to, compliance with all zoning ordinances and sign ordinances. These matters,
U:\Orlando\Transactions\Heritage Park 08-0 1-006\DCCRs.Clean-R6.d67
c.
and others, are governed by ordinances, codes or regulations of the governmental authorities
having jurisdiction of the property, and this provision does not (1) constitute any warranty or
representation by any Owner to the Declarant or to the Association, 92) make the Association or
Declarant a third party beneficiary of any rights of the City, (3) create any private right of
enforcement for the benefit of the Association or the Declarant, or (4) otherwise amend, modify
or affect any applicable agreement, order, ordinance, code or regulation. Complaints by the
Declarant or by the Association alleging violations of City ordinances, codes, requirements or
regulations shall be addressed to the City or other appropriate governmental authority, and shall
not be presented to the Board. Unless the lands involved are Common Area that has been
conveyed to the Association by the'Declarant pursuant to this Declaration, the Association shall
not intervene in any dispute involving the City and an Owner concerning compliance with City
ordinances, codes, regulations or agreements to which the Association is not a party.
21.4. City Ordinance Concerning Political Signs.
According to the Land Development Coordinator of the City,. the following language is
contained in Section 16/80 of the City Code, and such Code is in effect and applies to the Lots to
be developed on the property as of the date of recording this Declaration:
"Political signs may be erected as individual candidates qualify. Signs
may remain erected unit (sic) [until?] forty-eight (48) hours after the last
election in which the candidate is entered. Each sign ......, except on
developed residential lots each sign shall not exceed six (6) square feet in
area. " (sic)
Nothing contained in Article ill, Section 3.2 or all of Exhibit "c" shall be deemed to
authorize any Owner to violate the provisions of the City Code or other applicable ordinances or
regulations of the governmental authorities concerning political signs. In the event of a conflict
between the terms and conditions of this Declaration, as it may be amended from time to time,
and any City Code, ordinance or regulation as they may be amended from time to time, all
Owners by acceptance of a deed to their Lot are deemed to. agree that the more restrictive
conditions (either the Declaration or the City Code, ordinance or regulation) shall take
precedence over any less restrictive conditions.
IN WITNESS WHEREOF, Declarant has caused this instrument to be executed on the
day and year written below.
U:\Orlando\Transactions\Heritage Park 08-01-006\DCCRs.Clean-R6.d('J8
DECLARANT:
CENTEX HOMES, a Nevada general partnership
(sign)
By: Centex Real Estate Corporation, a Nevada
corporation, its Managing general partner
By: ~ tiGLJJJ
Patrick 1. Knight
Division President
(print)
(sign)
Date:
(print)
Address: Centex Homes
Attn: Legal Department
385 Douglas Avenue, Suite 1100
Altamonte Springs, Florida 32714
STATE OF FLORIDA
COUNTY OF SEMINOLE
T~.he foregoing instrument was acknowledged before me on this the ~ day of
~~ ' 2003, by Patrick J. Knight, Division President of Centex Real Estate
Corpora n, a Nevada corporation, managmg general partner of Centex Homes, a Nevada
general partnership. He is personally known to me and did not take an oath.
a
Title: Notary Public
Serial Number, if any:
My Commission Expires:
~f~~'~~;~~:7~~-~~~~~~'r~~~~~1
~: ;::.;. J~, ';~'. f: '. ;' "');~i:l':~(';;f ~f\,i ;:. [oP l"'V)\~I.'.no I
'.. ,'. I..., ,. . ,.1 .' .J.~..,. v,.t .,'1 ~,1 ..-;J '.,'..-.....
fl~~~~L.~~:E;~~~~iE~t~l~~~~~
U:\Orlando\Transactions\Heritage Park 08-o1-006\DCCRs.Clean-R6.d59
EXHIBIT" A"
Land Initiallv Submitted
ALL THOSE LOTS AND TRACTS OF LAND shown on that certain plat of HERITAGE
PARK TOWNHOMES, recorded in Plat Book , Pages through , of the
Public Records of Seminole County, Florida, as such property may be replatted from time to time
or as such plat, may be revised or amended ("Plat"), such property being hereby assigned to
Service Areas as follows:
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EXHIBIT "B"
Land Subiect to Annexation
Any parcel of land located within a two-mile radius of the perimeter boundaries of the above-
described property or the property described on Exhibit" A."
Note to clerk and title examiners:
This Declaration is not intended to create an encumbrance on title to the property
described on this Exhibit "B." Such title may be encumbered only with the consent of the
owner by mini! a Supplemental Declaration in accordance with Article IX.
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EXIDBIT "C"
Initial Restrictions
The following restrictions shall apply to all of the Community until such time as they are
amended, modified, repealed, or limited pursuant to Article III of the Declaration.
1. General. The properties submitted to this Declaration shall be used only for
residential, recreational, and related purposes consistent with this Declaration and any
Supplemental Declaration. Such purposes may include, without limitation, an information center
and/or a sales office for any real estate broker retained by Declarant to assist in the sale of
property described in Exhibit" A" or Exhibit "B," offices for any property manager retained by
the Association, business offices for Declarant and the Association, and public facilities.
2. Restricted Activities. The following activities are prohibited within the Community
unless expressly aut40rized by, and then subject to such conditions as may be imposed by,
Declarant or the Board of Directors:
(a) Parking of more than three motor vehicles on any Lot, or more than two motor
vehicles in the driveway on any Lot; parking of commercial vehicles or equipment, mobile
homes, campers and similar recreational vehicles, golf carts, boats and other watercraft, trailers,
stored vehicles, or inoperable vehicles in places other than enclosed garages except temporarily
during loading and unloading; however, construction, service, and delivery vehicles shall be
exempt from this provision for such period of time as is reasonably necessary to provide service
or to make a delivery to a Lot or the. Common Area. For purposes of this provision, "commercial
vehicles" shall be defined as any vehicle with commercial writing on their exteriors or vehicles
primarily used, designed, or registered for a commercial purpose, and vehicles with advertising
signage attached or displayed on such vehicle's exterior, but shall not include passenger cars with
identifying decals or painted lettering not exceeding a total area of one square foot in size or
official vehicles owned by governmental or quasi-governmental bodies; and
(b) Raising, breeding, or keeping animals, livestock, or poultry of any kind, except that
a reasonable number of dogs, cats, or other usual and common household pets may be permitted
in a Lot (not to exceed three animals or the number of animals allowed by Animal Control and
Protection Ordinance of Seminole County under County Ordinance #74-8, whichever is less);
however, those pets which roam free, or, in the sole discretion of the Board, make objectionable
noise, endanger the health or safety of, or constitute a nuisance or inconvenience to the occupants
of other Lots shall be removed upon request of the Board. If the pet owner fails to honor such
request, the Board may remove the pet. Dogs shall be kept on a leash or otherwise confined in a
manner acceptable to the Board whenever outside the dwelling and the person walking the dog
shall clean up after it. Pets shall be registered, licensed, and inoculated as required by law; and
(c) Any activity which emits foul or obnoxious odors outside the Lot or creates an
unreasonable level of noise or other conditions which tend, in the Board's judgment, to
unreasonably disturb the peace or threaten the safety of the occupants of other Lots (this
i'
paragraph shall not preclude normal and customary use of power tools, lawn mowers, and other
yard maintenance equipment); and
(d) Any activity which violates local, state, or federal laws or regulations; however, the
Board shall have no obligation to take enforcement action in the event of a violation; and
(e) Pursuit of hobbies or other activities which tend to cause an unclean, unhealthy, or
untidy or noisy condition to exist outside of enclosed structures on the Lot; and
(f) Any noxious or offensive activity which in the determination of the Board tends to
cause embarrassment, discomfort, annoyance, or nuisance to persons using the Common Area or
to the occupants of other Lots; and
(g) Outside burning of trash, leaves, debris, or other materials, except during the
normal course of constructing a dwelling on a Lot; and
. (h) Use or discharge of any radio, loudspeaker, horn, whistle, bell, or other sound
device so as to be an unreasonable source of annoyance, as the Board may determine, to
occupants of other Lots, except alarm devices used exclusively for security purposes; and
(i) Dumping grass clippings, leaves or other debris, petroleum products, fertilizers, or
other potentially hazardous or toxic substances in any drainage ditch, stream, pond, or lake, or
elsewhere within the Community, except that fertilizers may be applied to landscaping on Lots
provided care is taken to minimize runoff; and
(j) No oil drilling, oil development operations, oil refining, quarrying or mmmg
operation of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels,
mineral excavations, or shafts be permitted upon any Lot. No derrick or other structure designed
for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.
No tank for the storage of oil or other fluids may be maintained on any of the Lots above the
surface of the ground. No hazardous, flammable or explosive materials shall be kept, stored or
disposed of on any Lot, except household chemicals, cleansers, lubricants and the like, which
may be kept and used in conventional domestic applications and amounts in accordance with
applicable environnlentallaws and regulations. Notwithstanding anything in this Section to the
contrary, the terms "tank" and "tank for the storage of oil or other fluids" shall not be deemed to
mean or include domestic propanelbutane gas storage cylinders typical for domestic use,
including but not limited to, heating swimming pools and spas. The placement of such gas
storage cylinders shall be subject to approval by the ARB, and the Owner of the Lot on which
such cylinder is placed shall comply with all requirements of the governmental authorities,
including obtaining all required permits and observing all applicable safety and use requirements.
Neither the Association nor the Declarant nor any member of the Board or ARB shall have any
liability whatsoever for the condition or location of any propanelbutane cylinder allowed
pursuant to this Declaration.
.<
(k) Accumulation of rubbish, trash, or garbage except between regular garbage pick
ups, and then only in approved containers; and
(I) Obstruction or rechanneling drainage flows after location and installation of
drainage swales, storm sewers, or storm drains, except that D~clarant and the Association shall
have such right; however, the exercise of such right shall not materially diminish the value of or
unreasonably interfere with the use of any Lot without the Owner's consent; and
(m) Discharge of firearms; provided, no Association director, officer, employee or
managing agent shall have any duty to become physically involved to stop such discharge; and
(n) On-site storage of gasoline, heating, or other fuels, except that a reasonable amount
of fuel may be stored on each Lot for emergency purposes and for the operation of lawn mowers,
pool, spa and hot tub heaters, and similar tools or equipment, and the Association shall be
permitted to store fuel for operation of maintenance vehicles, generators, and similar equipment.
This provision shall not apply to any underground fuel tank authorized pursuant to Articl~ IV;
and
(0) Any yard sale, garage sale, moving sale, rummage sale, or similar activity, except
on such dates as the Board may designate for such activities to "be conducted on a community-
wide basis. Notwithstanding the foregoing, Owners are advised that any yard sale, garage sale,
moving sale, rummage sale, or similar activity are regulated by ordinances of the County, valid
permits for garage sales, and like activities, must be obtained, and the approval of the Board does
not authorize any Owner to hold a garage sale, and like activities, without first obtaining a valid
permit. Likewise, no Owner holding a valid permit for a garage sale, or like activity, issued by
the County shall conduct such garage sale, or like activities, without also obtaining the written
consent of the Board as herein required. The Association will not be liable to any Owner or to
the County for failure of an Owner to obtain the proper permit before holding a garage sale or
like activity; and
(P) Capturing, trapping, or killing of wildlife within the Community except III
circumstances posing an imminent threat to the safety of persons in the Community; and
(q) Fishing in any lakes, pond or wetland areas within the Community; and
(r) Any activities by persons other than Declarant which materially disturb or destroy
the vegetation, wildlife, wetlands, or air quality within the Community, (except as may be
approved pursuant to Article IV), or which use excessive amounts of water or which result in
unreasonable levels of sound or light pollution; and
(s) Conversion of any carport or garage to finished space for use as an apartment or
other integral part of the living area on any Lot without prior approval pursuant to Article IV, or
use of any garage for storage or other purposes which preclude its use for parking of that number
of vehicles for which it was origin.ally designed; and
(t) Operation of motorized vehicles other than mowing equipment on pathways or trails
maintained by the Association; and
(u) Swimming, boating, use of personal flotation devices, or other active use of ponds,
streams, or other bodies of water within the Community except that Declarant, its successors and
assigns, shall be permitted to draw water from ponds, streams, and other bodies of water within
the Community for purposes of irrigation and such other purposes as Declarant shall deem
desirable, provided such is approved by the County or other governmental authority. The
Association shall not be responsible for any loss, damage, or injury to any person or property
arising out of the authorized or unauthorized use of rivers, lakes, ponds, streams, or other bodies
of water within or adjacent to the Community; and
(v) Entry onto any Lot for maintenance or other easement to access any lake, pond,
preserve, wetland or similar area within the Community, except that the Owner and occupants of
a Lot abutting any such area may access such area at points along the common boundary between
such Owner's Lot and such area (but shall not enter onto.' other Lots or portions of any
maintenance or. other easement abutting any other Lot) and the authorized agents, employees,
contractors, and designees of the Declarant or the Association may enter upon any Lot or
maintenance or other easement for the purpose of gaining access to any such area; and
(w) Any construction, erection, placement, or modification of any structure or thing,
permanently or temporarily, on the outside portions of the Lot, whether such portion is improved
or unimproved, except in strict compliance with the provisions of Article IV of the Declaration.
This shall include, without limitation, all signs or emblems of any kind, fences, basketball hoops,
swing sets and similar sports and play equipment; children's play houses; clothes hanging
devices; garbage cans; woodpiles; swimming pools, spas, and hot tubs; air conditioners; tanks;
solar energy devices; docks, piers and similar structures; and landscaping, hedges, walls,
mailboxes, dog runs, animal pens, or fences of any kind; satellite dishes and antennas, except
that:
(i) an antenna
(A) designed to receive direct broadcast satellite servIces, including
direct-to-home satellite services, that is one meter or less in diameter; or
(B) designed to receive video programming services via multipoint
distribution services, including multichannel multipoint distribution services, instructional
television fixed services, and local multipoint distribution services, that is one meter or less in
diameter or diagonal measurement; or
(C) designed to receive television broadcast signals; .
("Permitted Antenna") shall be permitted in rear yards of Lots or, if necessary to receive an
acceptable quality signal, in side yards or front yards, in that order of preference; provided, unless
prohibited by applicable law, any installation in the front yard of a Lot shall be subject to review
and approval pursuant to Article IV of the Declaration, which review shall be completed within
seven days of receipt of the application for review. The Reviewer or the Architectural Guidelines
may impose requirements as to location and the manner of installation and screening in order to
minimize obtrusiveness as viewed from streets and adjacent property, so long as such
requirements are not inconsistent with applicable law. Declarant and/or the Association shall
have the right, without obligation, to erect an aerial, satellite dish, or other apparatus for a master
antenna, cable, or other communication system for the benefit of all or a portion of the
Community, should any master system or systems be utilized by the Association and require such
exterior apparatus; and
(ii) a reasonable number of holiday and religious lights and decorations may
be displayed from the interior of the dwelling on a Lot for up to 30 days prior to a publicly
observed holiday or religious observance and up to 30 days thereafter without prior approval,
subject to the right of the Association or Declarant to require removal of any such decorations
which it deems to (A) be excessive in number, size, or brightness, relative to other Lots in the
area; (B) draw excessive attention or traffic; or (C) unreasonably interfere with the use and
enjoyment of neighboring properties. The Association shall have the right, upon 5 days prior
written notice, to enter upon any Lot and summarily remove exterior lights or decorations
displayed in violation of this provision. The Association, and the individuals removing the lights
and decorations, shall not be liable to the Owner for trespass, conversion, or damages of any kind
except intentional misdeeds and gross negligence; and
(iii) one portable, removable United States flag not exceeding 36" x 60" in size
may be hung in a respectful manner on the exterior facade of the dwelling at a location approved
pursuant to Article IV of the Declaration;
(x) picketing, protest marches, sit-in demonstrations, protest speeches or other forms
of public protest or conduct, including, without limitation, displaying signs or placards on the Lot
or within any Common Area, easement or street adjacent to any Lot, or affixed to any vehicle,
apparatus or otherwise within public view in the Community, which tends to vilify, ridicule,
denigrate, or impugn the character of Declarant, the Association, their respective officers,
directors or employees, or any Owner or resident of the Community, Each Owner, by acceptance
of the deed to any Lot, shall be deemed to have accepted the foregoing prohibitions as reasonable
limitations on his or her constitutional right of free speech and to recognize and agree that all
Owners have the right to the peaceful enjoyment of their property; the right of privacy; the right
to practice their own religion; the freedom of association; the right to engage in a profession,
business or life-style of their own choosing provided that the conduct of such profession,
business or life-style is not illegal and does not otherwise violate any provision of this
Declaration.. This prohibition shall not affect the right of any person to participate in any other
form of public protest conducted outside the area depicted on any recorded subdivision Plat;
(y) any activity which generates a level of noise audible to occupants of other Lots
while inside their dwellings (including, without limitation, lawn maintenance, recreational
activities, games, parties, music, and other activities conducted outdoors or on porches or decks)
between the hours of II :00 p.m. and 8:00 a.m., except that during the construction of dwellings
on the Lots, Declarant and builders may commence construction activities within the Community
at 7:00 a.m.; and
(z) all windows and/or glass doors shall be covered with blinds, drapes, or verticals,
and must have a white or neutral color back. The view of these permitted window and glass door
treatments for the outside of the home must be white or neutral colored. No sheets, aluminum
foil, reflective film or other materials or similar window treatment may be hung over windows
and glass doors.
3. Prohibited Conditions. The following shall be prohibited in ~he Community:
(a) Plants, animals, devices or other things of any sort whose activities or existence in
any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy
the enjoyment of the Community;
(b) Structures, equipment, or other items' on the exterior portions of a Lot which have
become rusty, dilapidated or otherwise fallen into disrepair;
(c) Sprinkler or irrigation systems or wells of any type which draw upon water from
ponds, wetlands, canals, or other ground or surface waters within the Community;
(d) Swimming pools.
EXHIBIT "D"
Articles of Incorporation of Heritaf!e Park Townhome Owners Association. Inc.
Department of State 7/29/2003 10:32 PAGE 2/3 RightFAX
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~ I certify the attached is a true and correct copy of the Articles of ~
~ Incorporation of HERITAGE PARK TOWNHOME OWNERS ASSOCIATION, INC., a ~
~ Florida corporation, filed on July.28, 2003, as shown by the records of ~
~ this office. ~
~ .~
~ I further certify the document was electronically received under FAX aud1t~
~ number H03000240690. This certificate is issued in accordance with ~
~ section 15.16, Florida Statutes, and authenticated by the code noted belOW~uBg
~ ~
~ The document number of this corporation is N03000006448. ~
~ ~
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~ Authentication Code: 103A00043743-072903-N03000006448-1/1 ~
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~ Given under my hand and the ~
~ Great Seal of the State of Florida, ~
~ at Tallahassee, the Capital, this the ~
~ Twenty-ninth day of July, 2003 ~
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. H03000240690 5
ARTICLES OF INCORPORATION
OF
HERITAGE PARK TOWNHOME OWNERS ASSOCIATION, INC.
The undersigned, being a duly elected officer of Heritage Park Townhome Owners
Association, Inc., a not-for-profit corporation organized under Chapter 617, Florida Statutes,
does hereby certify that these Articles of Incorporation were duly adopted by action of the Board
of Directors of such corporation on July 25, 2003.
Article 1. Name. The name of the Corporation is Heritage Park Townhome
Owners Association, Inc. For convenience, the Corporation shall be referred to in this
instrument as the" Association."
Article 2. Address. The address of the initial principal office of the Association
and the initial mailing address of the Association is c/o Centex Homes, 385 Douglas Avenue,
Suite 2000, Altamonte Springs, Florida 32714.
Article 3. Definitions. All capitalized terms used in these Articles of Incorporation
which are not defined herein shall have the meaning set forth in the Declaration of Covenants,
Conditions and Restrictions for Heritage Park Townhomes, recorded or to be recorded by Centex
Homes, a Nevada general partnership ("Declarant"), in the public records of Seminole County,
Florida, as such Declaration may be amended from time to time (the "Declaration").
Article 4. Purposes. The Association does not contemplate pecuniary gain or
benefit, direct or indirect, to its members. By way of explanation and not of limitation, the
purposes for which the Association is organized are:
(a) to be and constitute the Association to which reference is made in the
Declaration, to perform all obligations and duties of the Association, and to exercise all rights
and powers of the Association, as set forth in the Governing Documents aI)d as provided by law;
and
(b) to provide an entity for the furtherance of the interests of the owners of real
property now and hereafter made subject to the Declaration (such real property is referred to in
these Articles as the "Community"); and
(c) to operate, maintain, and manage the Surface Water and Storm Water
Management System in a manner consistent with the requirements of St. Johns River Water
Management Di.strict Permit and applicable rules; to assist in the enforcement of the
Declaration's provisions relating to the Surface Water and Storm Water Management System;
and to levy and collect adequate assessments for the cost of maintenance and operation of the
Surface Water and Storm Water Management System.
ltflY~Yf6~4fi'lfg()I~tage Park 08-OI-006\Articles ofInc.RI.Clean.doc
H03000240690 5
Article 5. Powers. In furtherance of its purposes, the Association shall have the
following powers, which, unless indicated otherwise by' the Declaration or By~Laws of the
Association, may be exercised by the Board of Din::ctors:
(a) all of the powers conferred upon not-for-profit corporations by common law
and Florida statutes in effect from time to time; and
(b) all of the powers necessary or desirable to perform the obligations and to
exercise the rights and powers set out in these Articles, the By-Laws, and the Declaration,
including, without limitation, the following:
(i) to fix, levy, collect, and enforce payment of all charges or assessments
authorized by the Declaration by any lawful means; to pay all expenses in connection therewith
and all administrative and other expenses incident to the conduct of the business of the
Association including, without limitation, all licenses, taxes, or governmental charges levied or
imposed against the property of the Association;
(ii) to manage,. control, operate, maintain, repair, improve, and replace the
common areas and facilities, and any property acquired by the Association, or any property
owned by another for which the Association, by rule, regulation, declaration, or contract, has a
right or duty to provide such services;
(iii) to make rules and regulations and to enforce covenants, conditions, or
restrictions affecting any property to the extent the Association may be authorized to do so under
the Declaration or By-Laws;
(iv) to engage in activities which will actively foster, promote, and advance
the common interests of all oWners of property subject to the Declarati(.m;
(v) to buy, or otherwise acquire, sell, or otherwise dispose of, mortgage, or
otherwise encumber, exchange, lease, own, hold, use, operate, and otherwise deal in and with, .
real, personal, and mixed property of all kinds and any right or interest therein for any purpose of
the Association;
(vi) to borrow money for any purpose subject to such limitations as may be
contained in the Declaration and By-Laws; .
(vii) . to enter into, make, perform, and enforce contracts of every kind and
description, and to do all other acts necessary, appropriate, or advisable in carrying out any
purpose of t4e. Association, with or in association with any other corporation, or other entity or
agency, public or private;
(viii) to act as agent, trustee, or other representative of other corporations,
firms, or individuals, and as such to advance the business or ownership interests in such
corporations, firms, or individuals;
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(ix) to adopt, alter, and amend or repeal the By-Laws as may be necessary or
desirable for the proper management of the affairs of the Association; however, such By-Laws
may not be inconsistent with or contrary to any provisions 6fthe Declaration; and
(x) to provide any and all supplemental municipal services to the Community
as may be necessary or desirable.
The foregoing enumeration of powers shall not limit or restrict in any manner the
exercise of other and further rights and powers which may now or hereafter be allowed or
permitted by law; and tht; powers specified in each of the paragraphs of this Article 5 are
independent powers, not to be restricted by reference to. or inference from the terms of any other
paragraph or provision of this Article 5.
Article 6. Members. The Association shall be a membership corporation without
certificates or shares of stock. There initially shall be two classes of membership, as more fully
set forth in the Declaration. The Owner of each Lot shall be a member of the Association and
shall be entitled to vote as provided in the Declaration and the By-Laws. In addition, Declarant
shall be a Member for such period as provided in the Declaration, regardless of whether
Declarant owns any Lot. Membership in the Association is appurtenant to, and may not be
severed from the Unit or Lot. The rights and obligations of a Member may not be assigned or
delegated except as provided in the Declaration, these Articles of Incorporation, or the By-:Laws
of the Association, and shall automatically pass to the successor-in-interest of any Owner upon
conveyance of such Owner's interest in the Lot or Unit.
Change of an Owner's membership in the Association shall be established by. ..
recording in the Public Records of the County, a deed or other instrument establishing record title
to a Lot. Upon such recordation; the Owner designated by such instrument shall become a
member of the Association and the membership of the prior Owner shall terminate.
Article 7. Existence and Duration. Existence of the Association shall commence.
with the filing of these Articles of Incorporation with the Secretary of State of the State of
Florida. The Association shall exist in perpetuity.
Article 8. Board of Directors. The Association's business and affairs shall be
conducted, managed; and controlled by a Board of Directors ("Board"). The Board may
delegate its operating authority to such companies, individuals, or committees as it, In its
discretion, may determine.
The Board shall initially consist of three members, as provided in the By-Laws. The
names and addresses of the initial directors, who shall hold office until their successors are
elected and have qualified, or until removed, are as follows:
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James Makransky
Trey Harris
Shirley Farmer
385 Douglas Avenue, Suite 2000, Altamonte Springs, Florida 32714
385 Douglas Avenue, Suite 2000, Altamonte Springs, Florida 32714
385 Douglas Avenue, Suite 2000, Altamonte Springs, Florida 32714
The method of election and removal of directors, filling of vacancies, and the term of
office of directors shall be as set forth in the By-Laws.
Article 9. By-Laws. The By-Laws shall be adopted by the Board of Directors and
may be altered, amended, or rescinded in the manner provided in the By-Laws.
Article 10. Liability of Directors. To the fullest extent that the Florida Not-for-
Profit Corporation Act, as it exists on the date hereof or as it may hereafter be amended, permits
the limitation or elimination of the liability of directors or officers, no director or officer of the
Association shall be personally liable to the Association or its members for monetary damages
for breach of duty of care or other duty as a director or officer. No amendment to or repeal of
this Article shall apply to or have any effect on the liability or alleged liability of any director or
officer of the Association for or with respect to any acts or omissions of such' director or officer
occurring prior to'such amendment or repeal.
Article 11. IIidemnification.
(a) Indemnity. The Association shall indemnify any person who was or is a party
or is threatened to be made a party to any threatened, pending, or completed action, suit, or
proceeding, whether civil, criminal, administrative, or investigative, by reason of the fact that he
or she is or was a director, employee, officer, or agent of the Association. Such indemnification
shall include indemnification against expenses (including, without limitation, reasonable
attorneys' fees and appellate-attorneys' fees), judgments, fines, and amounts paid in settlement,
actually and reasonably incurred by the indemnified person in connection with such action, suit,
or proceeding, if such person acted in good faith and in a manner he or she reasonably believed
. to. be in or not opposed to the best interest of the Association, and, with respect to any criminal .
action or proceedings, such person had no reasonable cause to' believe his or her conduct was
unlawful. Notwithstanding the foregoing, no indemnification shall be made in respect of any
claim, issue, or matter as to which such person shall have been adjudged to be liable for gross
negligence or misfeasance or malfeasance in the performance of his or her duty to the
Association, unless, and then only to the extent that, the court in which such action or suit was
brought shall determine upon application that despite the adjudication of liability, in. view of all
of the circumstances of the case, such person is fairly and reasonably entitled to indemnification
for such expenses as such court shall deem proper. The termination of any action, suit, or
proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendre or its
equivalent shall not, of itself, create a presumption that the person did not act in good faith and in
a manner which he or she reasonably believed to be in or not opposed to the best interest of the
Association, and with a respect to any criminal action or proceeding, had reasonable cause to
believe that his or her conduct was unlawful.
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(b) Approval. Any indemnification under paragraph (a) above (unless ordered by a
court) shall be made by the Association only as authorized in the specific case upon a
determination that indemnification is proper under the circumstances because the person
requesting indemnification has met the applicable standard of conduct set forth in paragraph (a)
above. Such determination shall be made (i) by majority vote. of the members of the Board of
Directors who were not parties to such action, suit, or proceeding, if sufficient to constitute a
quorum, or (ii) if a quorum of the Board is not obtainable, or, even if obtainable, if a quorum of
disinterested directors so directs, in a written opinion rendered by independent legal counsel
engaged by the Association; or (iii) by a majority vote of the Class "A" Members and the consent
of the Class "B" Member.
(c) Advances. Expenses incurred in defending a civil or criminal action, suit, or
proceeding may be paid by the Association in advance of the final disposition of such action,
suit, or proceeding as authorized by the Board of Directors in any specific case upon receipt of a
written agreement by or on behalf of the affected director, officer, employee, or agent to repay
such amount if it is. ultimately' dete~inedthat he or she is not entitled to be indemnified by ~he
Association as authqrized in this Article.
(d) Miscellaneous. The indemnification provided by this Article' shall not be
deemed exclusive of any other rights to which those seeking indemnification may be entitled by
law, under the Bylaws, or pursuant to any agreement, vote of Members, or otherwise, and shall
continue as to a person who has ceased to be a director, officer, employee, or agent and shall
inure to the benefit of the heirs and personal representatives of such person.
(e) Insurance. The Association shall have the power to purchase and maintain
insurance on behalf of any person who is or was a director, officer, employee, or agent of the
Association, as a director, officer, employee, or agent of another corporation, partnership, joint
venture, trust, or other enterprise, against any liability asserted against him or her and incurred by
him or her in any such capacity, or arising out of his or her status as such, whether or not the
Association would have the power to indemnify him or her against such liability under the
provisions of this Article.
Article 12. Interested Directors.
(a) No contract or transaction between the Association and one or more of its
directors or officers, or between the Association and any other corporation, partnership, or
Association, or other organization in which one or more of its directors or officers are directors
or officers have a financial interest, shall be invalid, void, or voidable solely for such reason, or
solely because the director or officer is present at or participates in the meeting of the Board at
which such contract or transaction was authorized, or solely because his, her, or their votes are
counted for such purpose. No director or officer of the Association shall incur liability by reason
of the fact that he or she is or may be interested in any such contract or transaction.
H03000240690 5
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(b). Interested directors may be counted in determining the presence of a quorum at
a meeting of the Board of Directors at which a contract or transaction with an interested director
is to be considered.
Article 13. Amendments. Until termination . of the Class "B" membership,
Declarant may unilaterally amend these Articles of Incorporation for any purpose, except that if
the U.S. Department of Housing and Urban Development ["HUD"] or the U.S. Department of
Veterans Affairs ["V A"] has granted project approval fo'r FHA-insured or V A-guaranteed
mortgages on Units, then any amendment shall require the approval of at least 67% of the Class
"A" Members and the written consent of the Class "B" Member. After termination of the Class
liB" membership, amendments to these Articles of Incorporation may be adopted upon a
resolution of the Board and the affirmative vote or written consent of Members representing at
least 67% of the Class "A" votes in the Association. No amendment may be in conflict with the
Declaration. -
Article 14. Dissolution. ,The Association may. be . dissolved only upon (a) a
resolution duly adopted by the Board, and (b) the affirmative vote .of members who are Owners
of not less than two-thirds (2/3) of the Lots, and (c) so long as Declarant or any Declarant
Affiliate owns any property subject to the Declaration or which may be unilaterally subjected to
the Declaration, the consent of Declarant. Upon dissolution of the Association, if VA is
guaranteeing or HUD is insuring the Mortgage on any Lot, then unless otherwise agreed in
writing by HUD or V A, any remaining real property of the. Association shall be dedicated to an
appropriate public agency to be used for purposes similar to those for which this Association was'
created. In the event that acceptance of such dedication is refused, such assets shall be granted,
conveyed and assigned to any nonprofit corporation, association, trust, or other organization to be
devoted to such similar purposes. Such requirement shall not apply if VA is not guaranteeing
and HUD is not insuring any Mortgage; provided, if either agency has granted project approval
for the Community, then HOD and/or VA shall be notified of such dissolution.
In the event of the Association's termination, dissolution, or final' liquidation, the
responsibility for the. operation and maintenance of the.' Surface Water and Storm Water
Management System must be transferred to and accepted by an entity which complies with
Section 40C-42.027, F.A.C. and is approved by the St. Johns River Water Management District
prior to such termination, dissolution, or liquidation.
Article 15. HUDN A Approval. As long as Declarant has the right to appoint and
remove the directors and officers of the Association as provided in the By-Laws, the following
actions shall require the prior approval of the V A or HUD, if either agency has granted project
approval for the guaranteeing or insuring of Mortgages on Lots: annexation of additional
property to the development, except for amiexation by Declarant in accordance with Section 9.1
of the Declaration pursuant to a plan of annexation previously approved by VA and/or HUD, as
applicable; mergers, consolidations, or dissolution of the Association; mortgaging of Common
Area; dedication of Common Area to any public entity; and amendment of these Articles of
Incorporation.
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Article 16. Incorporator. The name of the incorporator of the Association is
Centex Homes and such incorporator's address is 385 Douglas Avenue, Suite 2000, Altamonte
Springs, Florida 32714.
Article 17. Re2istered A2ent and Office. The- initial registered office of the
Association is 385 Douglas Avenue, Suite 2000, Altamonte Springs, Florida 32714, and the
initial registered agent at such address is Centex Homes.
IN WITNESS WHEREOF, the undersigned officer has executed these Articles of
Incorporation this 2-,;,--<h-- day of T ......1) ,2003.
CENTEX HOMES, a Nevada general partnership
[SEAL]
By: CENTEX REAL EST ATE C()RPORATION,
a: Nevada corporatiori, its managing general
partner ,1\ hI
By: ~
Name: "PPi.tt.Il.t... j. 'k'\J (~
Its: D IV' c.;. (/.;) 'Prt.e:s ll) ~
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing,jns~ument was acknowle~ged beto;e me !his ~ day of d~ 2003,
bYt'~-dL~t:..~'-\ -::.._. , ~_s \>~\)\':...C() ~,eb' .A.L~ ofCeh x Real
Estate Corporation, a Nevada corporation, managmg general partner of Centex Homes, a
Nevada general partnership, on behalf of the corporation and partn~rship. Said person did not
tak an oath and is pers a own to me.
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CERTIFICATE DESIGNATING PLACE OF BUSINESS
FOR SERVICE OF PROCESS WITHIN THIS STATE,
NAMING AGENT UPON WHOM PROCESS MAY BE SERVED
Pursuant to Chapter 48.091, Florida Statutes, the following IS submitted m
compliance with said Act:
That, Heritage Park Townhome Owners Association, Inc., organized under the laws of
the State of Florida, with its principal office at 385 Douglas Avenue, Suite 2000, Altamonte
Springs, Florida 32714, has named Centex Homes, whose office is located at 385 Douglas
Avenue, Suite 2000, Altamonte Springs, Florida 32714, as its agent to accept serviCe of process
within the State.
ACKNOWLEDGEMENT
Having been named to accept service of process for the above stated corporation, at the
place designated in this Certificate, Centex Homes hereby accepts to act in this capacity, and
agrees to comply with the provisions of said Act relative to keeping open said office.
CENTEX HOMES, a Nevada general partnership
[SEAL]
By: ~Cc\A__~
Name: Patrick . Knight
- Its: Division President
---
H03000240690 5
8
EXHIBIT "E"
BY-LAWS
OF
HERITAGE PARK TOWNHOME OWNERS ASSOCIATION, INC.
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Article I
1.1.
1.2.
1.3.
Article II
2.1.
2.2.
2.3.
2.4.
2.5.
2.6.
2.7.
2.8.
2.9.
2.10.
2.11.
2.12.
2.13.
2.14.
2.15.
TABLE OF CONTENTS
Name, Principal Office, an d Definitions ......................................................................1
Name. ............... .................. ................................................................................ ........ ..1
Principal Office. ...................................... .....................................................................1
Definitions............................................... ............................ ......................... ................1
Membership: Meetings, Quorum, Voting, Proxies ..................................................1
Membership. ................................................................ ................................................1
Change of Membership. ..................................... ........................................ ..................1
Place of MeetingS.........................................................................................................2
Annual Meetings. ................................................................... ........................ .".......... ...2
Special Meetings. ..................................................................................................... ....2
Notice of Meetings...................................... .............................................................. ...2
Waiver of Notice. .................... ............... .... .....................................:............................2
Adjournment of Meetings. .................................................................................... .......3
Voting. ...... ..................... ........... ............... ..... ... ..................................... .......................3
Proxies. ........................................................................................................................3
Majority....................................................................................................................... .3
Quorum. ........................................................................................................:..............4
Conduct of Meetings. ........................... .................................... ....................................4
Action Without a Meeting. ................... .................... ......... .... ......................... .............4
Order of Business.........................................................................................................4
Article III Board.of Directors: Selection, Meetings, Powers....................................................5
A. Composition and Selection. .................................................................................................5
3.1. Governing Body; Composition. .......................;........................................ ...................5
3.2. Number of Directors. ...................................................................................................5
3.3. Directors During Class "B" Control Period. ................................................................5
3 .4. Nomination and Election Procedures........ ...................................................................5
3.5. Election and Term of Office. ................................................................................. ......6
3.6. Removal of Directors and Vacancies.................. .............. .............. ................ ......... ....6
B. Meetings............................................................................................................................... 7
3.7. Organizational Meetings. ........................................ ..................................................... 7
3.8. Regular Meetings. ............................................. ........................................................... 7
3.9. Special Meetings. ......................................................................................................... 7
3.10. Notice; Waiver of Notice. ......... ........................................................ ...... ..................... 7
3.11. Telephonic Participation in Meetings. .............. .......................................... ......... ........8
3.12. Quorum of Board. ................ ........ ........ ........... .............................................................8
3.13. Conduct of Meetings. ............................................ .......................................................8
3.14. Open Meetings; Executive Session.. ..... ......... ....... .......... .......................... ...................9
3.15. Action Without a Formal Meeting. .................................. ...;.. ......................................9
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C. Powers and Duties............................................. ................................................. ........... .......9
3.16. Powers. ......................................................................................................................... 9
3.17. Duties. ................................................................................... .......................................9
3.18. Compensation. ...........................................................................................................1 0
3.19. Right of Class "B" Member to Disapprove Actions. .................................................10
3.20. Management. ............................................................................................................. .11
3.21. Accounts and Reports. .................................................... ............... .......... ................. .12
3.22. Right To Contract. ................................................................................................... ..12
3.23. Enforcement. ............................................................................................................ ..13
3.24. Board Training Seminar. ........................................................................................... .14
3.25. Board Standards. . ..................... ........................................................... ...................... .14
3.26. Conflicts of Interest; Code of Ethics............ ....... ....... .............................................. ..15
ArticI e IV 0 ffi ce rs..... .......... ....................... .................... ...... ............ .................. ....................... ..15
4.1. Officers. ................................................................................................................... ..15
4.2. Election and Term of Office. ...... ........................... ............................ ....................... .15
4.3. Removal and Vacancies. .............. ............................................................................. .15
4.4. Powers and Duties..................................................................................................... .15
4.5. Resignation. ...................... ..... ................................................... ................................ ..16
4.6. Agreements, Contracts, Deeds, Leases, Checks, Etc. ................................................16
4.7. Compensation. .......................................................................................................... .16
4.8. President. ................................................................................................................... .16
4.9. Vice President. ......................................................................................................... ..16
4.10. Secretary............. ........................................................... ............................................ .17
4.11. Treasurer. ......................... ........ .......................................... ....................................... .17
Article V Committees................................. ........ ............................... ................................. .........17
. 5.1. General. ...................... .................. .............. ....... .................... ............. ...................... ..17
5.2. Covenants Committee. .............................................................................................. .18
5.3. Service Area Committees. ................................................. ...................................... ..18
5.4. Other Committees. ..................................................................................................... 18
Artiel e VI Mis cella n eo us. .............. ..... .................... .........1......... ........... ........ ... ......1.1.. ... ........ .... ..19
6.1. Fiscal Year. ........................................................................ ....................................... .19
6.2. Parliamentary Rules. ................................................................................................. .19
6.3. Conflicts. ............................................................ ............. .......................................... .19
6.4. Books and Records. .................... .................... ................... ......... ............................. ..19
6.5. No ti ces. ...................................................................................................................... 2 0
6.6. Amendment. .............................................................................................................. .21
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~
:i
BY-LAWS
OF
HERITAGE PARK TOWNHOME OWNERS ASSOCIATION, INC.
Article I
Name, Principal Office, and Definitions
1.1. Name.
The name of the corporation is Heritage Park Townhome Owners Association, Inc. (the
" Association").
1.2. Principal Office.
The Association's principal office shall be located in the State of Florida. The
Association may have other offices, either within or outside Florida, as the Board of Directors
determines or as the Association's affairs require.
1.3. Definitions.
The words used in these By-Laws shall have their normal, commonly understood
definitions. Capitalized terms shall have the same meaning as set forth in the Declaration of
Covenants, Conditions, and Restrictions for Heritage Park Townhomes, as it may be amended
("Declaration"), unless the context indicates otherwise. The interpretation of certain references,
as set forth in Section 2.2 of the Declaration, shall also apply to the words used in these By-Laws.
Article II
Membership: Meetin2s, Quorum, Voting, Proxies
2.1. Membership.
The Association initially shall have two classes of membership, Class "A" and Class liB,"
as more fully set forth in the Declaration. Provisions of the Declaration pertaining to
membership are incorporated by this reference.
2.2. Change of Membership.
Change of membership in the Association shall be established by recording a deed or
other instrument conveying record fee title to any Lot. The grantee named in such instrument
shall, by acceptance of such instrument, become a Member of the Association, and the
membership of the prior Owner shall terminate. The new Owner shall not be entitled to voting
privileges until delivery of a copy of the conveyance instrument to the Association. The
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oi
foregoing shall not, however, limit the Association's powers or privileges and the new Owner
shall be liable for accrued and unpaid fees and assessments attributable to the Lot acquired.
2.3. Place of Meetings.
The Association shall hold meetings at its principal office or at such other place as the
Board may designate.
2.4. Annual Meetings.
The Association shall hold its first meeting, whether a regular or special meeting, within
one year after the date of the Association's incorporation. The Board shall set the date and time
of subsequent regular annual meetings to occur promptly after the anniversary date of the first
annual meeting. Annual meetings may be conducted electronically (i..e., via the Internet,. intranet,
or teleconference) if and to the extent permitted by law.
2.5. Special Meetings.
The President may call a special meeting of the Association. It also shall be the
President's duty to call a special meeting if so directed by Board resolution or upon petition of
Members representing at least 30% of the total Class "A" votes in the Association, or such lower
percentage as may be required by law.
If the President does not call a special meeting pursuant to Section 2.5 within 30 days
after the date such written petition is delivered to the Association's Secretary, any Member
signing the petition may set the time and place of the special m~eting and give the Association
notice pursuant to Section 2.6.
2.6. Notice of Meetings.
Written notice of each meeting of the Members shall be given by, or at the direction of, the
secretary or person authorized to call the meeting, by mailing a copy of such notice, postage
prepaid, at least 15 days before such meeting to each Member entitled to vote therein, addressed to
the Member's address last appearing on the books of the Association, or supplied by such member
to the Association for the purpose of notice. Such notice shall specify the place, day and hour ofthe
meeting, and, in the case of a special meeting, the purpose ofthe meeting.
2.7. Waiver of Notice.
Waiver of notice of an Association meeting shall be the equivalent of proper notice. Any
Member may waive, in writing, notice of any Association meeting, either before or after such
meeting. A Member's attendance at a meeting shall be deemed a waiver by such Member of
notice of the meeting unless the Member specifically objects to lack of proper notice at the time
the meeting is called to order. Attendance at a special meeting also shall be deemed a waiver of
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notice of all business transacted at the meeting unless an objection on the basis of lack of proper
notice is raised before the business is put to a vote.
2.8. Adiournment of Meetings.
If the Association cannot hold a meeting bec'!!lse 3.:- quorum is not present, a majority of
the Members who are present may adjourn the meeting to a time at least 5 but not more than 30
days from the date called for the original meeting. At the reconvened meeting, if a quorum is
present, any business may be transacted which might have been transacted at the meeting
originally called. If those in attendance at the original meeting do not fix a time and place for
reconvening the meeting, or if for any reason a new date is fixed for reconvening the meeting
after adjournment, the Association shall give the Members notice of the time and place for
reconvening the meeting in the manner prescribed for regular meetings.
2.9. Voting.
Members shall have such voting rights as are set forth III the DeClaration, which
provisions are incorporated herein by this reference.
2.10. Proxies.
On any matter as to which a Member is entitled personally to cast the vote for his or her
Lot, such vote may be cast in person or by proxy, subject to Florida law.
Every proxy shall be in writing specifying the Lot(s) for which it is given, signed by the
Member or his or her duly authorized attorney-in-fact, dated, and filed with the Association's
Secretary prior to the meeting for which it is to be effective. Unless otherwise specifically
provided in the proxy, a proxy shall be presumed to cover all votes which the Member giving
such proxy is entitled to cast, and in the event of any conflict between two or more proxies
purporting to cover the same voting rights, the later dated proxy shall prevail, or if dated as of the
same date, both shall be deemed invalid.
Every proxy shall be revocable and shall automatically cease upon: (a) conveyance of
any Lot(s) for which it was given, (b) the Secretary's receipt of written notice of revocation of the
proxy or of the death or judicially declared incompetence of a Member who is an individual
given to the person presiding over a meeting of the Association, or (c) 90 days from the meeting
date for which the proxy was originally given, unless the proxy specifies a shorter period.
2.11. Maiority.
As used in these By-Laws, the term "majority" shall mean those votes, Owners, or other
group as the context may indicate totaling more than 50% of the total eligible number.
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;I.
2.12. Quorum.
The presence at the meeting of members entitled to cast, or of proxies entitled to cast
thirty (30%) percent of the votes of each class of membership shall constitute a quorum for any
action except as otherwise provided in the Articles of Incorporation, the Declaration, or these
Bylaws. If, however, such quorum shall not be present or represented at any meeting, the
Members entitled to vote therein shall have power to adjourn the meeting from time to time,
without notice other than aImouncement at the meeting, until a quorum as aforesaid shall be
present or be represented.
2.13. Conduct of Meetings.
The President shall preside over all Association meetings, at which he or she is present,
and the Secretary shall keep (or cause to be kept) the minutes of the meetings and record in a
minute book all resolutions adopted and" all other transactions occurring at such meetings.
Declarant and Owners may tape record or videotape Association meetings subject to such
reasonable rules as the Board may impose.
2.14. Action Without a Meeting.
Without holding a meeting pursuant to Sections 2.4 or 2.5, Members may take any action
that Florida law requires or permits the Members to take at a meeting (subject to any limitations
in the Governing Documents), if approved by Members representing at least the minimum
number of votes in the Association necessary to authorize such action at a meeting, if all
Members entitled to vote were present and voted. Such approval shall be evidenced by one or
more written consents specifically authorizing the proposed action, dated and signed by Members
holding the requisite votes. The Association need not give prior notice before soliciting such
consent; however, the Association must send written consent forms to all Members for action
authorized pursuant to this section to be valid. Members shall sign, date, and deliver such
consents to the Association within 60 days after the Association's receipt of the earliest dated
consent. The Association's Secretary shall file (or cause to be filed) such consents with the
Association's minutes and the consents shall have the same force and effect as a vote of the
Members at a meeting. Within 10 days after receiving authorization for any action by written
consent, the Secretary shall give (or cause to be given) written notice to all Members entitled to
vote who did not give their written consent, fairly summarizing the material features of the
authorized action.
2.15. Order of Business.
The order of business at all annual meetings of the Members shall be as follows: (a) roll
call to determine whether a quorum is represented; (b) proof of notice of the meeting or waiver of
notice; (c) reading of minutes of the preceding annual meeting; (d) reports of officers; (e) reports
of committees; (f) election of inspector(s) of election if an election is to be held; (g) election of
Directors if applicable; (h) unfinished business; and (i) new business.
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Article III
Board of Directors: Selection, Meetin2s, Powers
A. Composition and Selection.
3.1. Governing Body; Composition.
The Board of Directors shall govern the Association's affairs. Each director shall have
one vote. Directors need not be Members or residents of the Community. A director must be at
least 18 years old. No more than one representative of any Member which is a legal entity, nor
more than one occupant of any Lot, shall serve on the Board at a time, except in the case of
directors that the Class "B" Member appoints.
3.2. Number of Directors.
The Board shall consist of the number of directors provided for in Section 3.5. The initial
Board shall consist of the three directors identified in the Articles of Incorporation.
3.3. Directors During Class "B" Control Period.
The Class "B" Member shall have complete discretion in appointing, removing, and
replacing directors during the Class "B" Control Period, except as otherwise provided in Section
3.5.
3.4. Nomination and Election Procedures.
(a) Nominations and Declarations of Candidacy. Prior to each election of directors,
the Board shall prescribe the opening date and the closing date of a reasonable filing period in
which every eligible person who has an interest in serving as a director may file as a candidate
for any position to be filled by Class "A" votes. Nominations for election to the Board also may
be made by a nominating committee. The nominating committee, if any, shall consist of a
Chairman, who shall be a Member, and two or more Members or representatives of Members.
The nominating committee, if any, may make as many nominations for election to the Board as it
shall in its discretion determine. In making its nominations, the nominating committee shall use
reasonable efforts to nominate candidates representing the diversity which exists within the pool
of potential candidates. The Board also shall permit nominations from the floor at any election
meeting.
The Board shall give each candidate a reasonable, equal opportunity to communicate his
or her qualifications to the Members and to solicit votes.
(b) Election Procedures. A Member may cast the vote(s) assigned to the Lot(s) which
he or she owns for each position to be filled at an election. Cumulative voting is not allowed.
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That number of candidates equal to the number of positions to be filled who receive the greatest
number of votes shall be elected.
3.5. Election and Term of Office.
Except as these By-Laws may otherwise specifically provide, election of directors
shall take place at the Association's annual meeting. Notwithstanding any other provision of
these By-Law after termination of the Class "B" Control Period, an election shall be held at
which the Class "A" Members shall elect the five directors, with the two directors receiving the
largest number of votes being elected for a term of two years and the remaining three directors
being elected for a term of one year.
Until termination of the Class "B" membership, the Class "B" Member shall be entitled to
appoint one director. Upon termination of the Class "B" membership, the director elected by the
Class "B" Member shall resign and the remaining directors shall be entitled to appoint a director
to serve until the next annual meeting, at which the Class "A" Members shall be entitled to elect
a director to fill such position. Such director shall be elected for a term of two years.
Notwithstanding the stated length of any term, directors shall hold office until their
respective successors have been elected.
Upon expiration of the term of each Class "A" Director elected pursuant to this
subsection (d) and thereafter, a successor shall be elected for a term of two years.
3.6. Removal of Directors and Vacancies.
Any Class "A" Director may be removed, with or without cause, by the vote of Class "A"
Members holding a majority of the votes entitled to be cast for the election of such director. Any
director whose removal is sought shall be given notice prior to any meeting called for that
purpose. Upon removal of a director, a successor shall be elected by the Class "A" Members
entitled to elect the director so removed to fill the vacancy for the remainder of such director's
term. Class "A" Directors may not be removed by the Class "B" Member.
Any Class "A" Director who has three consecutive unexcused absences from Board
meetings, or who is more than 60 days delinquent (or occupies a Lot for which assessments are
so delinquent) in the payment of any assessment or other charge due the Association may be
removed by a majority vote of the Board, excluding the director at issue. If the director is
removed, the Board may appoint a successor to fill the vacancy for the remainder of the term.
In the event of the death, disability, or resignation of a director, the Board may declare a
vacancy and appoint a successor to fill the vacancy until the next annual meeting, at which time
the Class "A" Members entitled to fill such directorship may elect a successor for the remainder
of the term. If they fail to do so, the Board may appoint another director to fill the vacancy until
filled by election.
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This Section shall not apply to directors the Class "B" Member appoints nor to any
director serving as Declarant's representative. Such directors may be removed and replaced only
by the Class "B" Member or Declarant. The Class "B" Member or Declarant shall be entitled to
appoint a successor to fill any vacancy on the Board resulting from the death, disability, or
resignation of.a director appointed by or elected as a representative of the Class "B" Member or
Declarant.
B. Meetings.
3.7. Organizational Meetings.
Each Board shall hold its first meeting promptly after the ann~al membership meeting, at
such time and place as the Board shall fix.
3.8. Regular Meetings.
The Board may hold regular meetings at such time and place as the Board shall
determine, but the Board shall hold at least one such meeting during each fiscal year during the
Class "B" Control Period (which may be the organizational meeting in the first year) and at least
one per quarter thereafter.
3.9. Special Meetings.
The Board shall hold special meetings when called by written notice signed by the
President, Vice President, or any two directors.
3.10. Notice; Waiver of Notice.
(a) Notices of Board meetings shall specify the time and place of the meeting and, in
the case of a special meeting, the nature of any special business to be considered. The Board
shall give notice to each director by: (i) personal delivery; (ii) first class mail, postage prepaid;
(iii) telephone (either directly to the director or to a person at the director's office or home who
would reasonably be expected to communicate such notice promptly to the director); or (iv)
facsimile, electronic mail, or other electronic communication device, with confirmation of
transmission. All such notices shall be given at the director's telephone number, fax number,
electronic mail address, or sent to the director's address as shown on the Association's records.
Notices sent by first class mail shall be deposited into a United States mailbox at least seven
business days before the time set for the meeting, except in the event of an emergency. Notices
given by personal delivery, telephone, or other device shall be delivered or transmitted at least 72
hours before the time set for the meeting.
(b) Except for emergency meetings, notice of a Board meeting shall be posted in a
conspicuous place within the Community at least 48 hours in advance of the meeting or provided
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in any other manner reasonably anticipated to provide notice to all Members, including
publication in an Association newsletter with Community-wide circulation, posting on a
Community cable television channel, or posting on a Community Internet or intranet page. In
lieu of notice of each regular Board meeting, the Board may post or publish a schedule of
upcoming Board meetings.
(c) Transactions of any Board meeting, however called and noticed or wherever held,
shall be as valid as though taken at a meeting duly held after regular call and notice if (i) a
quorum is present, and (ii) either before or after the meeting each director not present signs a
written waiver of notice, a consent to holding the meeting, or an approval of the minutes. The
waiver of notice or consent need not specify the meeting's purpose. Notice of a meeting also
shall be deemed given to any director who attends the meeting without protesting before or at its
commencement about the lack of adequate notice.
(d) Notice of any meeting at which assessments are to be established shall state that
fact and the nature of the assessment.
3.11. Telephonic Participation in Meetings.
Members of the Board or any committee designated by the Board may participate in a
Board or committee meeting by means of telephone or other electronic means, through which all
, persons participating in the meeting can hear each other at the same time. Participation in this
manner shall constitute presence at the meeting for all purposes. Participants attending by
electronic means may vote by electronic transmission.
3.12. Quorum of Board.
At all Board meetings, a majority of the directors shall constitute a quorum for the
transaction of business, and the votes of a majority of the directors present at a meeting at which
a quorum is present shall constitute the Board's decision, unless these By-Laws or the
Declaration specifically provide otherwise. A meeting at which a quorum is initially present may
continue, notwithstanding the withdrawal of directors, if at least a majority of the required
quorum for that meeting approves any action taken. If the Board cannot hold a meeting because
a quorum is not present, a majority of the directors present at such meeting may adjourn the
meeting to a time not less than five nor more than 30 days from the date of the original meeting.
At the reconvened meeting, if a quorum is present, any business which might have been
transacted at the meeting originally called may be transacted without further notice.
3.13. Conduct of Meetings.
The President shall preside over all Board meetings at which he or she is present, and the
Secretary shall keep a minute book of Board meetings, recording all Board resolutions and all
transactions and proceedings occurring at such meetings.
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3.14. Open Meetings; Executive Session.
Subject to the provisions of Section 3.15, all Board meetings shall be open to all
Members. However, attendees other than directors may not participate in any discussion or
deliberation unless a director requests that they be granted permission to speak, and the Board
concurs. In such case, the President may limit the time any such individual may speak.
Declarant and Owners may tape record or video tape Board meetings subject to reasonable rules
the Board imposes.
Notwithstanding the above, the President may adjourn any Board meeting and reconvene
in executive session, and may exclude persons other than directors, to discuss with the
Association's attorney matters relating to pending or threatened litigation which are protected by
the attorney-client privileges, or to discuss among the Board any other matter of a sensitive
nature, if Florida law permits. In such cases, no tape recording or videotaping will be permitted.
3.15. Action Without a Formal Meeting.
Any action to be taken or which may be taken at a Board meeting may be taken without a
meeting if all directors sign a consent in writing, setting forth the action so taken. Such consent
shall have the same force and effect as a unanimous vote.
C. Powers and Duties.
3.16. Powers.
The Board shall have all of the powers and duties necessary for administering the
Association's affairs and for performing all of the Association's responsibilities and exercising all
of the Association's rights as set forth in the Governing Documents, and as provided by law. The
Board may do or cause to be done on the Association's behalf all acts and things except those
which the Governing Documents or Florida law require to be done and exercised exclusively by
the membership generally.
3.17. Duties.
The Board's duties shall include, without limitation:
(a) those obligations set forth in the Declaration and elsewhere in these By-Laws;
(b) depositing all funds received on the Association's behalf in a bank depository
which it shall approve, and using such funds to operate the Association; however, any reserve
funds may be deposited, in the Board's business judgment, in depositories other than banks;
(c) after termination of the Class liB" Control Period, submitting for bid any planned
Association expenditure (whether for capital items, services, maintenance, or otherwise)
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anticipated to exceed $15,000.00 in any fiscal year; however, the Board is not obligated to
contract with or otherwise retain the services of the lowest bidder nor is it obligated to submit for
bid the renewal of existing contracts;
(d) enforcing by legal means the provIsIons of the Governing Documents and
bringing any proceedings which may be instituted on behalf of or against the Owners concerning
the Association if, in the exercise of its business judgment, it deems it prudent to do so;
(e) keeping books with detailed accounts of the Association's receipts and
expenditures; and
(f) maintaining, and retaining for the time periods required, the "official records" of
the Association, as provided in Section 720.303(4) of the Florida Association Act.
3.18. Compensation.
The Association shall not compensate a director for acting as such. The Association may
reimburse any director for expenses incurred on the Association's behalf if approved by a
majority of the other directors. In addition, nothing herein shall prohibit the Association from
compensating a director for services or supplies he or she furnishes to the Association in a
capacity other than as a director pursuant to a contract or agreement with the Association. The
foregoing also applies to any entity with which a director is affiliated.
3.19. Right of Class "B" Member to Disapprove Actions.
During the period of Class "B" membership, the Class "B" Member shall have a right to
disapprove any action, policy, or program of the Association, the Board, and/or any committee
which, in the Class "B" Member's discretion, would tend to impair rights or interests of
Declarant, any Affiliate of Declarant's, or builders, interfere with development or construction of
any portion of the Community, or diminish the level of services the Association provides.
(a) Notice. The Association, the Board, and each committee shall give the Class "B"
-Member written notice of their meetings and proposed actions to be approved at their meetings
(or by written consent in lieu of a meeting). The notice shall comply with the requirement for
notice to directors under Section 3.10 and shall, except in the case of the regular meetings held
pursuant to the By-Laws, set forth with reasonable particularity the agenda to be followed at such
meeting.
(b) Opportunity to be Heard. The Association, the Board, and each committee shall
give the Class "B" Member the opportunity at any meeting to join in or to have its representatives
or agents join in discussion from the floor of any prospective action, policy, or program which
would be subject to the right of disapproval described in this Section.
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'(c) Exercise of Rights. The Class "B" Member may exercise its right to disapprove at
. any time within 10 days following the meeting at which such action was proposed or, if the
action is approved without a meeting, at any time within 10 days following receipt of written
notice of the proposed action. The Class "B" Member, its representatives or agents, shall make
its concerns, thoughts, and suggestions known to the Board and/or the members of the subject
committee. This right to disapprove may be used to block proposed actions but shall not include
a right to require any action or counteraction by the Association, the Board, or any committee.
The Class "B" Member shall not use its right to prevent expenditures required to comply with
applicable laws and regulations.
(d) Condition of Implementation. No action, policy, or program subject to the Class
"B" Member's right of disapproval shall become effective or be implemented until and unless the
requirements of subsections (a) and (b) above have been met, and then subject to the Class "B"
Member's rights under subsection (c).
3.20. Management.
The Board may employ a professional managing agent or agents, at such compensation as
the Board may establish, to perform such duties and services as the Board shall authorize and are
otherwise within the scope of the Board's authority. The Board may delegate such powers as are
necessary to perform the manager's duties, but shall not delegate policy-making authority or the
obligation to adopt a budget. The Board may contract with or employ Declarant or any of its
Affiliates as managing agent or manager.
The Board may delegate to one or more of its members the authority to act on the Board's
behalf on all matters relating to the duties of the managing agent or manager, if any, which might
arise between Board meetings.
The Association shall not be bound, either directly or indirectly, by any management
contract executed during the Class "B" Control Period unless such contract contains a right of
termination which the Association may exercise with or without cause and without penalty at any
time after termination of the Class "B" Control Period upon not more than 90 days written notice.
After the Class "B" Control Period terminates, the Association may not terminate any
management contract, or retain a new managing agent, without the approval of Members
representing a majority of the Association's total Class "A" votes.
The Class "A" Members shall have no right to terminate a management contract during
the Class "B" Control Period. Unless the Board otherwise grants such right, or unless the
management contract otherwise provides, the Board may act in its discretion with respect to
executing and terminating management contracts during the Class "B" Control Period. Any
management contract may, among other things, authorize the managing agent to act as the
Association's agent with respect to the expenditure of Association funds within the scope of the
approved Association budget; however, the managing agent shall not be permitted to spend
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money in excess of the budget or reallocate greater than 10% of any budget line item without the
Board's prior approval.
3.21. Accounts and Reports.
The following management standards of performance shall be followed unless the Board
specifically determines otherwise:
(a) Commencing at the end of the quarter in which the first Lot is sold and closed, the
Board shall prepare financial reports for the Association at least quarterly containing:
(i) an income statement reflecting all income and expense activity for the
preceding period on a cash or accrual basis;
(ii) a statement reflecting all cash receipts and disbursements for the preceding
period;
(iii) a variance report reflecting the status of all accounts in an "actual" versus
"approved" budget fOffilat;
(iv) a balance sheet as of the last day of the preceding period; and
(v) a delinquency report listing all Owners who are delinquent in paying any
assessments at the time of the report and describing the status of any action to collect such
assessments which remain delinquent (any assessment or installment thereof shall be considered
to be delinquent on the 15th day following the due date unless otherwise specified by Board
resolution); and
(b) An annual report consisting of at least the following shall be prepared within 120
days after the close of the fiscal year: (i) a balance sheet showing actual receipts and
expenditures; (ii) an operating (income) statement; and (iii) a statement of changes in financial
position for the fiscal year. Such annual report shall be prepared on an audited, reviewed, or
compiled basis, as the Board determines, by an independent public accountant.
The Association shall provide each Owner or its authorized agent a copy of the annual
financial report within 10 business days following receipt of a written request for access. In
addition, if Florida law requires, the Association shall send a copy of the annual report to each
Member by mail or personal delivery promptly following the close ofthe fiscal year.
3.22. Right To Contract.
The Association shall have the right to contract with any Person for the performance of
various duties and functions. This right shall include, without limitation, the right to enter into
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common management, operational, or other agreements with trusts, condominiums, cooperatives,
or other owners or residents associations.
3.23. Enforcement.
The Association may impose sanctions for any violation of the Governing Documents.
To the extent the Declaration or Florida law specifically requires, the Board shall comply with
the following procedures prior to imposition of sanctions:
(a) Notice. The Board or its delegate shall serve the alleged violator with written
notice describing (i) the nature of the alleged violation; (ii) the proposed sanction to be imposed;
(iii) a period of not less than 14 days within which the alleged violator may present a written
request for a hearing before the Covenants Committee appointed pursuant to Section 5.2; and (iv)
a statement that the proposed sanction shall be imposed as contained in the notice unless the
alleged violator challenges the violation within 14 days of the notice. If a timely request for a
hearing is not made, or if otherwise permitted by the Governing Documents and Florida law, the
sanction stated in the notice shall be imposed upon majority vote of the Covenants Committee.
The Board or Covenants Committee may suspend any proposed sanction if the violation is cured,
or if a diligent effort is being made to cure, within the 14-day period. Such suspension shall not
constitute a waiver of the right to sanction future violations of the same or other provisions and
rules by any Person. If a violator repeats the violation, or engages in a similar violation, for
which notice was given within 12 months after the date of the first notice, the Board shall have
the discretion to impose the proposed sanction as if the alleged violations were one continuous
violation without the need to serve the alleged violator with additional notice.
(b) Hearing. If the alleged violator requests a hearing within the allotted 14-day
period, the hearing shall be held before the Covenants Committee. The alleged violator shall be
afforded a reasonable opportunity to be heard. Proof of proper notice shall be placed in the
minutes of the meeting. A copy of the notice, together with a statement of the date and manner
of delivery signed by the officer, director, or agent who delivered such notice shall be considered
adequate proof of notice. The notice requirement shall be deemed satisfied if the alleged violator
or its representative appears at the meeting. A written statement of the results of the hearing and
the sanction, if any, imposed shall be filed with the minutes of the Covenants Committee's
meetings.
(d) Additional Enforcement Rights. Notwithstanding anything to the contrary in this
Article, subject to any limitations set forth in the Declaration, the Board may elect to enforce any
provision of the Governing Documents by self-help (specifically including, but not limited to,
towing vehicles that violate parking rules) or, following compliance with the Declaration's
dispute resolution procedures, if applicable, by suit at law or in equity to enjoin any violation or
to recover monetary damages or both. In any such action, to the maximum extent permissible,
the Owner or occupant responsible for the violation of which abatement is sought shall pay all
costs, including reasonable Legal Costs actually incurred.
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3.24. Board Training Seminar.
The Board may provide, or provide for, as a Common Expense, seminars and continuing
educational opportunities designed to educate and inform directors of their responsibilities as
directors. Such programs may include instruction on applicable Florida corporate and fiduciary
law principles, other issues relating to administering the Community's affairs, and upholding and
enforcing the Governing Documents. The Board may retain industry professionals, including
property managers, attorneys, and accountants, as appropriate or necessary for such purpose.
Each newly elected director and each re-elected director may be required to complete a training
seminar within the first six months of assuming the director position. .
3.25. Board Standards.
In performing their duties, directors and officers shall act as fiduciaries and are entitled to
insulation from liability as provided for directors of corporations by Florida law and as otherwise
provided by the Governing Documents.
A director or officer acting in accordance with the business judgment rule shall not be
personally liable to the Association or its Members for errors in judgment made in the director's
or officer's capacity as such. Unless the Governing Documents require that specific action be
taken, the failure to take such specific action shall not, without further showing that the Board
acted in violation of the business judgment rule, be deemed a violation of a Board duty. A
director or officer shall be considered to be acting in accordance with the business judgment rule
so long as the director or officer:
(a) acts within the expressed or implied scope ofthe Governing Documents and his or
her actions are not ultra vires;
(b) affirmatively undertakes to make decisions which are necessary for the
Association's continued and successful operation and, when decisions are made, they are made
on an informed basis;
(c) acts on a disinterested basis, promptly discloses any real or potential conflict of
interests (pecuniary or other), and avoids participation in such decisions and actions; and
(d) acts in a non-fraudulent manner and without reckless indifference to the
Association's affairs.
Board determinations of the meaning, scope, and application of Governing Document
provisions shall be upheld and enforced so long as such determinations are reasonable. The
Board shall exercise its power in a fair, nondiscriminatory manner and shall adhere to the
procedures established in the Governing Documents.
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3.26. Conflicts of Interest: Code of Ethics.
Unless otherwise approved by a majority of the other directors, no Class "A" Director
may transact business with the Association or the Association contractor during his or her term as
director or within one year after the term expires. A Class "A" director shall promptly disclose in
writing to the Board any actual or potential conflict of interest affecting the directors relative to
his or her performance as a director. A Class "A" director's failure to make such disclosure shall
be grounds for removal by a majority vote of the other Board members. The Board may void any
contract which creates a prohibited conflict of interest.
Notwithstanding the above, the directors appointed by the Class "B" Member may be
employed by or otherwise transact business with Declarant or any of its Affiliates, and Declarant
and its Affiliates may transact business with the Association or its contractors.
Article IV
Officers
4.1. Officers.
The Association's officers shall be a President, Vice President, Secretary, and Treasurer.
The officers may, but need not, be Board members, Owners, or residents of the Community;
however, so long as there is a Class "B" membership, the appointment of officers which are not
residents of the Community shall require the prior written consent of the Class "B" Member. The
Board may appoint such other officers, including one or more Assistant Secretaries and one or
more Assistant Treasurers, as it shall deem desirable, such officers to have such authority and
perform such duties as the Board prescribes. Any two or more offices may be held by the same
person, except the offices of President and Secretary.
4.2. Election and Term of Office.
The Board shall elect the Association's officers at the first Board meeting following each
Association annual meeting. Officers shall serve until their successors are elected.
4.3. Removal and Vacancies.
Any officer may be removed, at any time, by a vote of at least a majority of the directors.
The Board shall appoint a replacement to fill any vacancy in any office for the unexpired portion
of the term.
4.4. Powers and Duties.
The Association's officers each shall have such powers and duties as generally pertain to
their respective offices, as well as such powers and duties as the Board may specifically confer or
impose. The President shall be the Association's chief executive officer. The Treasurer shall
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supervise the preparation of the Association's budget, but may delegate all or part of the
preparation and notification duties to a finance committee, managing agent, or both. The
Secretary shall prepare or supervise the preparation of meeting minutes as required by Florida
law.
4.5. Resignation.
Any officer may resign at any time by giving written notice to the Board, the President, or
the Secretary. Resignation shall take effect on the date of the receipt of such notice or at any later
time specified therein, and unless otherwise specified therein, acceptance of such resignation
shall not be necessary to make it effective.
4.6. Agreements. Contracts. Deeds. Leases. Checks. Etc.
All agreements, contracts, deeds, leases, checks, and other Association instruments shall
be executed by an officer, unless the Board provides otherwise, or by such other person or
persons as the Board may designate by resolution.
4.7. Compensation.
Compensation of officers shall be subject to the same limitations as compensation of
directors under Section 3.18.
4.8. President.
The President shall be the chief executive officer of the Association. He or she shall
preside at all meetings of the Association and of the Board of Directors at which he or she is
present. He or she shall have all of the general powers and duties which are usually vested in the
office of the President of a corporation, including, but not limited to, the power, subject to the
provisions of Article V, to appoint committees from among the Members from time to time as he
or she may in his or her discretion decide is appropriate to assist in the conduct of the affairs of
the Association. The President shall, subject to the control of the Board of Directors, have
general supervision, direction, and control of the business of the Association. The President shall
be ex-officio a member of all standing committees, and shall have such other powers and duties
as may be prescribed by the Board of Directors or these By-Laws.
4.9. Vice President.
The Vice President shall take the place of the President and perform his or her duties
whenever the President is absent, disabled, or refuses or is unable to act. If neither the President
nor the Vice President is able to act, the Board of Directors shall appoint some other member of
the Board to do so on an interim basis. The Vice President shall also perform such other duties
as shall from time to time be conferred upon him or her by the Board of Directors or these By-
Laws.
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4.10. Secretary.
The Secretary shall keep (or cause to be kept) the minutes of all meetings of the Board of
Directors and the minutes of all meetings of the Association at the Association's principal office
or at such other places as the Board of Directors may order. The Secretary shall keep (or cause to
be kept) the seal of the Association in safe custody and shall have charge of such books and
papers as the Board of Directors may direct. The Secretary shall, in general, perform all of the
duties incident to the office of Secretary. The Secretary shall give, or cause to be given, notice of
meetings of the Members of the Association and of the Board of Directors required by these By-
Laws or by law to be given. The Secretary shall maintain (or cause to be maintained) a book of
record Owners, listing the names and addresses of the Owners furnished by the Association, and
such books shall be changed only at such time as satisfactory evidence of a change in ownership
of a Lot is presented to the Secretary. The Secretary shall perform such other duties as may be
prescribed by the Board of Directors or these By-Laws. The Secretary may delegate all or a part
of such duties to the managing agent.
4.11. Treasurer.
The Treasurer shall have responsibility for Association funds and securities and shall be
responsible for keeping, or causing to be kept, full and accurate accounts, tax records, and
business transactions of the Association, including accounts of all assets, liabilities, receipts, and
disbursements in books belonging to the Association. The Treasurer shall be responsible for the
deposit of all monies or other valuable effects in the name and to the credit of the Association in
such depositories as may from time to time be designated by the Board of Directors, in
accordance with the Declaration and these By-Laws, shall render to the President and Directors,
upon request, an account of all of his or her transactions as Treasurer and of the financial
conditions of the Association, and shall have such other powers and perform such other duties as '
may be prescribed by the Board of Directors or these By-Laws. The Treasurer may delegate a
part of such duties to the managing agent.
Article V
Committees
5.1. General.
The Board may create such committees as it deems appropriate to perform such tasks and
to serve for such periods as the Board may designate by resolution.
Committees shall exercise only such authority as granted by Board resolution, provided
the Board may elect not to follow a committee's advice on any matter. Committees may not act
without specific Board authority and may not bind the Association contractually or financially.
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5.2. Covenants Committee.
The Board shall appoint a Covenants Committee consisting of three persons to serve as a
hearing tribunal pursuant to Section 3.23. The Covenants Committee shall be comprised of
Members of the Association who are not directors, officers, or employees of the Association or
the spouse, parent, child, brother, or sister of a director, officer, or employee.
5.3. Service Area Committees
In addition to any other committees appointed as provided above, each Service Area
which has no formal organizational structure or association may elect a Service Area Committee
to determine the nature and extent of services, if any, to be provided to the Service Area by the
Association in addition to those provided to all Members of the Association in accordance with
the Declaration. A Service Area Committee may advise the Board on any issue but shall not
have the authority to bind the Board. Such Service Area Committee, if elected, shall consist of
thr~~ Members; provided, if approved by the vote .~f at least 51 % of the Owners of Lots within
the ServIce Area, the number maybe increased to five.
Service Area Committee members shall be elected for a term of one year or until their
successors are elected. Any director elected to the Board from a Service Area shall be an ex
officio member of the Service Area Committee. The members of the committee shall elect a
chairperson from among themselves, who shall preside at its meetings and shall be responsible
for transmitting any and all communications to the Board.
In the conduct of its duties and responsibilities, each Service Area Committee shall
conduct itself in accordance with the notice, participation, and quorum requirements applicable
to the Board under Section 3.10,3.11 and 3.12. Meetings ofa Service Area Committee shall be
open to all Owners of Lots in the Service Area and their representatives. Members of a Service
Area Committee may act by unanimous written consent in lieu of a meeting.
5.4. Other Committees.
In addition to the above, the Board may create additional committees, as it deems
necessary and useful. The following are examples of types of committees, along with their
purpose, which the Board may create:
(a) Finance Committee - to actively assist the Board, the Treasurer, and the
Association's managing agent, if any, in preparing the Association's budget.
(b) Physical Maintenance Committee - to actively assist the Board with maintenance
of the Common Maintenance Areas.
(c) Dispute Resolution Committee - to assist in the mediation of disputes concerning
the interpretation of Use Restrictions, rules, and other Governing Document provisions and
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advise the Board on initiating litigation involving the Association (as provided in the
Declaration); however, the Dispute Resolution Committee shall not preside over matters relating
to the collection of assessments or other fees and charges. Each member of the Dispute
Resolution Committee shall attend a Board-approved course on dispute resolution, if the Board
so reqmres.
The Board may establish by resolution the specific scope and limitations on the authority
of the above committees.
Article VI
Miscellaneous
6.1. Fiscal Year.
The Association's fi~cal year shall be the calendar year unless otherwise established by
Board resolution.
6.2. Parliamentary Rules.
Except as may be modified by Board resolution, Robert's Rules of Order (the then current
edition) shall govern the conduct of Association proceedings when not in conflict with Florida
law or the Governing Docul1!ents. ',.
6.3. Conflicts.
Conflicts between or among the Governing Documents and Florida law governmg
documents shall be resolved as directed in the Declaration.
6.4. Books and Records.
(a) Inspection by Members and Mortgagees. The Board shall make available for
inspection and copying by any holder, insurer, or guarantor of a first Mortgage on a Lot, any
Member, or the duly appointed representative of any of the foregoing at reasonable times and for
a purpose reasonably related to his' or her interest in a Lot: the Governing Documents, the
membership register, books of account, and the minutes of meetings of the Members, the Board,
and committees. The Board shall provide for such inspection to take place at the Association's
office or at such other place within the Community as the Board shall designate.
(b) Rules for Inspection. The Board may establish reasonable rules with respect to:
(i) notice to be given to the custodian of the records; (ii) hours and days of the week when such
an inspection may be made; (iii) payment of the cost of reproducing documents requested; and
(iv) such other matters as the Board deems appropriate. Records shall be made available within
10 business days of the receipt of a written request by an Owner or his or her authorized agent.
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( c) Insl'ection by Directors. Every director shall have the absolute right at any
reasonable time to inspect all Association books, records, and documents and the physical
properties the Association owns or controls. The director's right of inspection includes the right
to make a copy of relevant documents at the Association's expense. The Board shall provide for
such inspection to take place at the Association's office, the managing agent's office, or at such
other place within the Community as the Board shall designate.
6.5. Notices.
(a) Form of Notice and Method of Delivery. Except as otherwise provided in the
Declaration or these By-Laws or by law, all notices, demands, bills, statements, or other
communications under the Declaration or these By-Laws shall be in writing and may be delivered
in person, by United States mail, by private carrier, or if the intended recipient has given its prior
written authorization to use such method of delivery, by telephone facsimile, or electronic mail
with written confirmation of transmission.
(b)
follows:
Delivery Address. Notices shall be delivered or sent to the intended recipient as
(i) if to a Member, at the address, telephone facsimile number, or e-mail
address which the Member has designated in writing and filed with the Secretary or, if no such
address has been designated, at the address of the Unit of such Member;
(ii) if to the Association, the Board, or a committee of either, at the address,
telephone facsimile number, or e-mail address of the principal office of the Association or its
managing agent, or at such other address as the Association shall designate by notice in writing
to the Members pursuant to this Section; or
(iii) if to the Declarant, at the principal address of the Declarant as it appears
on the Secretary of State's records, or at such other address as the Declarant shall designate by
notice in writing to the Association pursuant to this Section.
(c) Effective Date. Notice sent in accordance with subsections (a) and (b) shall be
deemed to have been duly given and effective:
(i) if sent by United States mail, when deposited with the U. S. Postal
Service, correctly addressed, with first class or higher priority postage prepaid;
(ii) if delivered personally or by private carrier, when actually delivered to the
address of the intended recipient, as evidenced by the signature of the person at such address who
accepts such delivery; however, if such delivery is refused or if the intended recipient has
contracted with the private carrier to leave any deliveries without obtaining a signature
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evidencing receipt, the notice shall be deemed duly given and effective if the attempt to deliver
was timely made;
(iii) if sent by telephone facsimile or electronic mail, upon transmission, as
evidenced by a printed confirmation of transmission.
6.6. Amendment.
(a) By Class "B" Member. During the Class "B" Control Period, the Class "B"
Member may amend these By-Laws unilaterally, subject to the ,approval requirements in Article
XVI of the Declaration, if applicable; however, if the U.S. Department of Veterans Affairs
("VA") or the U.S. Department of Housing and Urban Development ("HUD") has issued project
approval for V A-guaranteed or HUD-insured Mortgages, respectively, then either shall have the
right to veto amendments to these By-Laws during the Class "B" Control Period.
,(b) By the Membership. Except as provided above, these By-Laws may be amended
only by the affirmative vote or written consent of Members representing at least 67% of the total
Class "A" votes in the Association, and the consent of the Class "B" Member, if such exists.
Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not
be less than the prescribed percentage of affirmative votes required for action to be taken under
that clause. The approval requirements set forth in Article XVI of the Declaration also shall be
met, if applicable.
(c) Validity and Effective Date of Amendments. Amendments to these By-Laws
shall become effective upon recordation unless a later effective date is specified therein. Any
procedural challenge to an amendment must be made within six months of its recordation, or
such amendment shall conclusively be presumed to have been validly adopted. In no event shall
a change of conditions or circumstances operate to amend any provisions of these By-Laws.
No amendment may remove, revoke, or modify any right or privilege of Declarant or the
Class "B" Member without the written consent of Declarant, the Class "B" Member, or the
assignee of such right or privilege.
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CERTIFICATION
I, the undersigned, do hereby certify:
That I am the duly elected and acting Secretary of Heritage Park Townhome Owners
Association, Inc., a Florida corporation;
That the foregoing By-Laws constitute the original By-Laws of said Association, as duly
adopted at a meeting of the Board of Directors thereof held' on the _ day of ,2003.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of
said Association this _ day of ,2003.
~
Secretary
[SEAL]
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EXHIBIT "F"
DEVELOPER'S AGREEMENT
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Prepared by and Return to:
Anthony A. Garganese, City Attorney'
Brown, Ward, Salzman & Weiss, P.A.
225 E. Robinson Street, Suite 660 '
P.O. Box 2873
Orlando, FL 32802-2873'
MARYANNE MORSE, ClERK IF CI RC1J IT CWRT
SEMI NOlE COONTV
BK 04358 PG 1310
CLERK'S # 2002850603
RECOROEO 03/22/2002 10111101 AM
RECORDING FEES 181.50
RECORDED BY L Woodlly
_ Parcel 1.0. Nos. 26-20-30-SAR-0000-18C
26-20-30-SAR -0000-0200
BINDING DEVELOPMENT AGREE::MENT
THIS BINDING DEVELOPMENT AGREEMENT (herein referred to as the
"De~elopment Agreement"), made and executed this II ~ day of ~c..l.-, 2002,
by and between the CITY OF WINTER SPRiNGS, a Florida municipal corporation (herein
referred to as the "City"), whose address is 1126 East State Road 434, Winter Springs,
Florida, 32708, and SPRINGS LAND INVESTMENTS, LTD., a Florida limited partnership
(herein referred to as "Springs"), whose address is c/o Sunbelt Investors Group, 175
Lookout Place, Suite 201, Maitland, Florida, 32751, and JESSUP SHORES LIMITED
PARTNERSHIP, a Florida limited partnership (herein referred to as "Jessup"), whose
address is do Sun belt Investors Group, 175 Lookout Place, Suite 201, Maitland, Florida,
32751, and CENTEX HqMES, a Nevada gener91 partnership (herein referred to as
"Centex"), whose address is 385 Dougias Avenue, Suite 2000, Altamonte Springs,
Florida, 32714.
WITNESSETH: .
'WHEREAS, Springs and Jessup jointly own certain real property in the City of
Winter Springs, Florida, described in Exhibit "A" attached hereto and incorporated herein
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by reference (herein referred to as the "Subject Property"); and
WHEREAS, the Subject Property is currently within an area designated as "C-1
Neighborhood Commercial District" according to the zoning classification records of the ,
City; and '
WHEREAS, Centex has entered into a contract to'purchase a portion of the Subject
Property from Springs and Jessup for development as' an attached multifamily townhome
'residential community, described in Exhibit Ill" atta.ched hereto and incorporated herein
by reference (herein referred to as the "Residential Property"), subject to obtaining an
appropriate conditional use approval, variance or rezoning of the Residential Property from
the City; and
WHEREAS, the townhome units will be offered for sale to the public; and
WHEREAS, Springs and Jessup desire to retain the right to develop the portion of.
the Subject Property not sold to Centex described in Exhibit "M" attached hereto and
incorporated herein by referenCe (herein referred to as the "Commercial Property") for
commercial purposes; and
. WH E~EAS, development of the Residential Prope.rtyandCommercial Property will
. require construction of a common entrance road for vehicular access to State Road 434
'to be shared by the residents of the Residential Property and the occupants of the
Commercial Property, and by the guests and invitees of such owners and occupants
described in Exhibit "N" attached hereto and incorporated herein by reference (herein
, .
referred to as the "Private Entry Street';), and alandscaped arid improved area adjacent
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to the Private Entry Str~et described in Exhibit ciO" attached hereto and incorporated
herein by reference (herein referred to as the "Entry Feature Property'~); and
. WHEREAS, Springs and Jessup and Centex are willing to develop the Subject
. Property under its current "C-1" zoning classification in exchange for the covenants of the
City herein set forth; and
WHEREAS, the City Commission has recommended entering into a Binding
Development Agreement with Springs and Jessup and Centex for development of the
Su~ectProperty;and
WHEREAS, in addition to Springs', Jessup's and Centex's compliance with all City
Codes, permitting, and construction not in conflict herein, the City, Springs, Jessup, and
Centrex desire to set forth the following speCial terms and conditions; and
WHEREAS, the City Commission of the City of Winter Springs finds that this
Agreement is consistent with the City's .Comprehensive Plan and land development
regulations and is a legislative act of the City Commission of the City of Winter Springs;
and
. .
. .
WHEREAS, the City Commission further finds that this Agreement promotes the.
public health" safety, and welfare and is consistent with, and an exercise of, the City's
powers under the Municipal Home Rule Powers Act, as provided in s. 2(b), Article VIII of
the Florida Constitution and Chapter 166.021, Florida Statutes, and the City's police
powers.
. NOW THEREFORE, iri consideration of the mutual covenants arid mutual benefits
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herein contained, the parties agree as follows:
1. Recitals. The foregoing recitals are hereby incorporated herein by, this
reference.
2. Authoritv. This Development Agreement is 'entered into pursuant to the
Florida Municipal Home Rule Powers Act, and the Code of Ordinances of the City of
. Winter Springs.
3. Representations of Centex, SprinQs and Jessup. 'Centex, Springs and
Jessup hereby represent and warrant to City that Centex, Springs and Jessup have the
power and authority to bind the Subject Property and execute, deliver and 'perform the
terms and provisions of this Development Agreement, have an equitable or legal interest
in the title to the Subject Property, and have taken all necessary action to authorize the
execution, delivery and performance of this Development Agreement.
4. Town Center Zoning. Pro"vided that the terms and conditions of this
Development Agreement are satisfied by Springs, Jessup and Centex, or their respective
successors in title, the City shall not rezone the Subject Property, or any part thereof, into
the Town Center Zoning District (herein referred to as "Town Cen'ter"),as long as this
, , ,
Development Agreement shall remain in effect, unless the parties agree to initiate the
rezoning to Town Center. To the extent that the City Commission determines, at its
reasonable discretion, there is a specific and direct conflict between the terms and
, conditions of this Development Agreemeflt and the provisions of the Code of Ordinances
of the City of Winter Springs, the parties agree that the provisions of this Development
Agreement shall control as if approved by the City Commission as a legislative act.
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Moreover, the City acknowledges that the underlying land use designation for the Subject
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Property is "Mixed Use", and the City agrees not to initiate, sponsor or support any attempt
to change the underlying land use designation as long as this Development Agreement
shall remain in effect, unless the parties agree to initiate the change of land use
designation.
5. Residential Property Conditions. The parties covenant and agree that the
Residential Property shall be developed in accordance with the plans and specifications
identified as Wagner's Curve Mixed Use Development, dated 10/01. (herein referred to as
the "Townhome Plans") attached hereto as Exhibit "B" and incorporated herein by
reference, and the Residential Development Standards (herein referred to as
the"Townhome Standards") attached hereto as Exhibit "C" and incorporated herein by
reference. As used in this Development Agreement, and in the Townhome Plans and
Townhome Standards, the terms 'Townhome Unit' or 'Unit' mean an individual townhouse
dwelling intended for occupancy by a single family and attached by a party wall to another
Townhome Unit, and the terms 'Townhome Suilding' or 'Suilding' mean a structure
consisting of two or more Townhome Units attached by party walls under a common roof.
The developer of the Residential Property shall have the right to amend the Townhome'
Plans and/or Townhome Standards provided that any such amendment shall be first
approved by the City. Minor changes that do not materially modify the location or footprint
of any building may be deemed non-material by the City., and may be approved by City,
" Manager. All material modifications of the Townhome Plans and/or Townhome Standards
shall be subject to review and approval of the CitY,Commission,' arid. at the option of the
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City, may be memorialized by an amendment to this Development Agreement.
6. Phased Townhome Construction.. City and Centex agree, that the
Townhome Buildings shall be constructed in the 8umerical sequence set forth in the
Townhome Plans attached hereto as Exhibit "B.n
7. Commercial Property Conditions. The parties covenant and agree that the
Commercial Property shall be developed in accordance with Commercial Development '
Standards (herein referred to as the "Commercial Standards") attached hereto as
Exhibit "0" and incorporated herein by reference. The developer of the Commercial
Property shall have the right to amend the Commercial Standards provided that any such
amendment shall be first approved by the City. Minor changes that do not materially modify
the location or footprint of any building may be deemed non-material by the City, and may
be approved by the City Manager. All material modifications of the Commercial Standards
shall be subject to review and approval of the City Commission, and, at the option of the
City, shall be memorialized by an amendment to this Development Agreement.
8. Private Entry Street. The parties covenant and agree that the Private Entry
Street shall be developed in accordance with the plans and specifications approved by the
City. Centex, 'Springs and Jessup agree that the Private Entry Street Plans shall be
submitted to the City for approval within ninety (90) days of the effective date of this
,Development Agreement. The Private Entry Street shall be designed as a traditional town'
center street,. shall include town center architectural features which are acceptable to the
City, and shall be designed substantially similar to that depi.cted Or] Exhibit "E.n The
Private Entry Street shall be platted al~ng with either the Residential Property or the
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Commercial Property, whichever shall be platted first. Construction of the improvements
, depicted on the Pr[vate Entry Street Plans shall have been completed prior to the issuance
of a Certificate of Occupancy for the model Townhome Units or for the first commercial
building constructed on the Commercial Property, whichever occurs first. Centex, Springs
and Jessup, or their. successors in interest, jointly, shall have the right to amend the
Private Entry Street Plans proVided that any such amendment shall be first approved by
the, City. Minor changes that do not materially modify the location or footprint of any
improvement may be deemed non-material by the City, and may be approved by the City,
Manager. All material modifications of the Private Entry Street Plans shall be subject to
review and approval of the City Commission, and, at the option of the City, shall be
memorialized by an amendment to this Development Agreement. The City acknowledges
that the Private Entry Street may have sections paved with stabilized brick pavers rather
than concrete or asphalt paving.'
9. Entry Feature Property. The parties covenant and agree that the Entry
Feature Property shall be developed in accordance with' the plans and specifications
approved by the City. Centex, Springs and Jessup agree that the Private Entry Plans
shall be submitted to the City for approval within ninety (90) days of the effective date of
this Development Agreement. The Private Entry Feature shall be designed with enhanced
,plantings and as a traditional town center architectural feature which shall create a long
. .
lasting statement to the public. The Private Entry Feature Property shall be designed
substantially' si!llilar to that depicted on Exhibit "F." In addition, the Private Entry Plans
shall include an ornamental picket fence or other ornamental hardscape feature along the
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entry drive from the gazebo to the gated entrance. Construction of the improvements
, depicted on the Private Entry Plans shall have been completed prior to the issuance of a
Certificate of Occupancy forthe model Townhome Units Dr for the first commercial building
'constructed on the Commercial Property, whichever occurs first Centex, Springs and
Jessup, or their successors in interest, jointly, shall have the right to amend the Private
Entry Plans provided that any such amendment shall be first approved by the City. Minor
changes that do not materially modify the location or footprint of any improvement may be
deemed non-material by the City, and may be approved by the City Manager. All material
modifications of the Private Entry Plans shall be subject to review and approval of the City
Commission, and, at the option of the City, may be memorialized by an amendment to this
Development Agreement.
The Entry Feature Property shall be subject to the right reserVed to the Residential
Property to erect and maintain a sign near the intersection of the Private Entry Street and
S. R. 434, visible from "S.R. 434, bearing the name of the Townhome project. Any such
sign shall comply with Article' VI, Section 20-470, S. R. 434 Corridor Vision Plan
Regulations of the Winter Springs Land Development Code, and may ,be a permanent
structure including monumentation, landscaping, irrigation and lighting, provided that said
sign shall be designed in such a manner as to be consistent with'Town Center design
standards set forth in the Town Ce'nter District Code. Any such sign and associated
imp'rovements shall be maintained at the sole expense of the property owners association
of the Residential Property.
, '
10. 'Traffic SiQnal. The parties acknowledge that a traffic signal is being
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designed and permitted at.the intersection of the Private Entry Street and S.R. 434 by
Seminole County with the' input and assistance of the City, and the Seminole County
School Board. The traffic lights shall be installed at no expense to Centex or Springs and
, Jessup.
11. Compliance with City Tree Ordinance. Development of the Subject
Property shall be subject to compliance with the City's Arbor Ordinance as set forth in the
City Code, as amended, and subject to the Tree Replacement Guidelines set forth in this
section.
11.1 Tree Replacement Guidelines.
a. The following words shall hiwe the meaning ascribed below unless the
context clearly indicates otherwise:
(1) Arbor Ordinance. City Arbor Ordinance shall mean Chapter 5 of the
City Code of Ordinances otherwise known as the City Arbor
Ordinance.
(2) Preferred Plant List. Preferred Plant List shall mean that list of plant
materials and corresponding Tree Replacement 'Credits' shown in
Exhibit "Kn of this agreement. In addition, the DO Blanchard
Magnolia, Magnolia Grandiflua, at the 65 gallon size will be
considered' a preferred plant at a replacement credit ratio of 5: 1.
(3 ) Tree Replacement Assessment. Tree Replacement Assessment shall
, mean the total amount of monetary compensation owed to the City of
Winter Springs as provided in' the Arbor Ordinance for the
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replacement 'of trees cut, destroyed, or removed from a property in
the City as a result of development or redevelopment.
(4) Tree Replacement Credit. Tree Replacement Credit shall be equal
to one-hundred ($100.00) dollars and no cents in tree replacement
va'lue.
b. In consideration of trees which shall be cut, removed or destroyed from the
Residential Property and Commercial Property by Springs, Jessup, and
Centex or their agents, Springs, Jessup, and Centex, jointly, shall replace
trees or monetarily compensate the City as provided in the Arbor Ordinance
according to the Tree Replacement Assessment established by the City.
c. Springs, Jessup, and Centex may deduct from their Tree Replacement
Assessment, Tree Replacement Credits based on.. the number of
replacement credits as provided in the Preferred Plant Material List provided
that: .
(1) All plant materials are Florida Grades and Standard One (1) or better;
" (2) All plant materials are properly installed; and
, (3)' The landscape plan for the proposed development to which the
credits are to be applfed is prepared by a landscape architect
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licensed by the State of Florida.
In addition, the following requirements shall apply:
(1) For every tree removed (greater than 14 inch caliper), .one,
replacement tree shall be planted. The replacement tree shall be a
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minimum of 2% inch caliper container grbwn(30 gallons)".
(2) YVith respect to the dense pine trees which were apparently planted
for silviculture purposes in the middle of the Residential Property,
these pine trees shall be removed and replaced in accordance with
, the natural growth patterns located elsewhere on the Residential
Property. In other words, the number of replacement trees shall be
determined using the average density (i. e., number) of trees per acre
located on the Residential Property, excluding the area where the
dense pine, trees are located in the middle of the Residential
Property.
(3) The ,size and species of the existing trees that are removed shall not
be considered in determining the required replacement trees unless
a particular existing tree is exempt from this requirement pursuant to
the City's Arbor Ordinance (e.g., specimen tree).
12. Fencing. Fencing along S.R. 434 and the western boundary of the
Residential Property shall be see-through decorative aluminum material with brick
columns and certified to meet all code requirements. The distance between brick columns
shall be reasonably acceptable to the City. Said fencing along the western boundary shall
extend at least to the south end of Townhome Building #13 from S.H. 434 or until it is no
longer visible from S.R. 434, from the east and west motor vehicle approaches, but in no
case beyond the south end of Townhome Building #14. The fencing and the landscaping
, , ,
related to the 'fencing, along with the 'streetscaping along S. R. 434, shall be constructed
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in conjunction with the Private Entry Street and Entry Feature. The City reserVes the right
to withhold the issuance of any Certificate of Occupancy upon the City's determination
. '
. that the aforesaid is not being timely constructed as required hereunder.
13. Other Applicable Conditions. The elements of the improvements depicted
, in the Townhome Plans and the Commercial Standards will govern exterior appearance
and placement, including without limitation, architectural elements, common area
improvements, parking areas, private streets, Private Entry Street, Private Entry Feature,
. and setback lines. The parties acknowledge that in addition to complying with the
approved Townhome Plans and/or Commercial Standards, as the case may be. regarding
exterior appearance and placement, all structures and improvements constructed or
installed on the Subject Property shall be subject to compliance with applicable building
codes, and nothing in this Development Agreement or in the Townhome Plans or
Commercial Standards shall be deemed to alter any applicable building code.
14. Private Streets within Residential Property: Gates. As depiCted in the
Townhome Plans, the City agrees that the streets and driveways within the Residential
Property will be privately owned and maintained by the property owners association
'. ,
created for the Residential Property. and that aC,cess will be controlled by elec~rically ,
operated gates. The gates shall be located as depicted in the Townhome Plans. and the
private streets shall connect to the Private Entry Street at, the boundary between the
Residential Property and the Private Entry Street. The portion of the private streets
.between the gates anc~ the Private Entry Street shall be maintained exClusively by the
property owners association for the Residential Property, and the City shall have no
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obligation to provide' mai'ntenance for any' portion of'such private streets. The electric
gates shall be fitted with devices allowing immediate entry and exit of emergency, fire
and/or police vehicles and 'personnel" as well as U. S.Postal Service personnel and
vehicles. and City service personnel and vehicles. The engineer of record shall provide
a signed and sealed estimate of the cost of annual maintenance as well as the cost to
resurface the road, the property owners association. or their successors in interest. shall
cause a Florida licensed Certified Public Accountant to annually certify to the City that
, adequate funds are being collected from the owners to meet the future value of those
engineer's estimates.
15. AqqreQated Development. For development purposes, the Residential
Property and Commercial Property shall be aggregated as one single development under
the terms and conditions of this Development Agreement and the City Code. However, it
is understood by all parties that the Commercial Property and Residential Property may
be developed by separate entities. If said properties are developed by separate entities,
a default under this Agreement by one entity shall not constitute a default by the other
entity. unless the default involves a joint oblig'ation of the entities under the terms and
Gonditions of this Agreement. ,In which case, a default by one entity shall constitute a
default by the other entity.
16. Plattinq; Developer's Limited RiQht to Terminate.' Upon the effective date
()f this Development Agreement, Springs, Jessup, and Centex shall promptly submit and
prosecute with the City an application for development approval consisterit with-the terms
and conditions of this Agreement. The application shall be prosecuted in good faith and
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shall be subject to the City Commission's approval.. Springs, Jessup, and Centex, jointly,
shall have the right to terminate this Agreement until such time final engineering and
. , ,
construction plans are approved by the City Commission; atwhich time Springs' Jessup'~,
, and Centex's right to terminate this Agreement shall expire.
17.. Government Services. The City shall provide police, fire,' .emergency and
garbage collection services to the residents of the Residential Property, and, provided that
the Residential Property is developed in accordance with this Development Agreement,
garbage collection shall be provided on a unit-by-unit basis comparable to such services
provided by the City to residents of single-family detached homes. The City's personnel,
contractors', vendors and suppliers shall have unrestricted access to the Residential
Property for the performance of their duties, and the Residential Property shall be subject
to an easement for access over and upon the private streets and common areas of the
Residential Property for the benefit of police, fire, emergency and utility personnel, as well
as the United States Postal Service and commercial delivery serVices.
18. Successors and Assiqns. This Development Agreement shall automatically
be binding upon and shall inure to the benefit of the sucte'ssors and assigns of each of the
parties.
19. Applicable Law. ' This Development Agreement shall be governed by and
'construed in accordance with the laws of the State of Florida.
20. Homeowner's Association Documents; Third Party Beneficiary. Centex,
Springs, and Jessup agree that the Residential Property shall be managed by a
homeowner's association. Centex, Springs, and Jessup agree that the homeowner's
'. .
association documents shall be submitted to the City for review and approval prior to
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recording. The documents shall provide that the City shall be designated as a third-party
beneficiary to be in privity with Centex, Springs, and Jessup and the property owners'
, , ,
association for the purpose of enforcing the rights and obligations hereunder. Such
, designaJion shall be to the satisfaction of each party and shall be completed prior to the
issuance of a Certificate. of Occupancy. In the event the Commercial Property is subject
to a homeowner's or condominium association, the third party beneficiary provisions of this, '
paragraph shall also apply.
21. Amendments. This DevelopmentAgreement shall not be modified or amended
'except by written agreement executed by all parties hereto and approved by the City
Commission of the City of Winter Springs.
22. Entire AQreement. This Development Agreement supersedes any other
agreement, written or oral, and contains the entire agreement between the parties as to
the subject matter hereof.
23. Severability: If any provision of this Development Agreement shall be held to
be invalid or unenforceable to any extent by a court of competent jurisdiction, the same
shall l\Iot affect in any respect the validity, or enforceability of the remainder of this
Development Agreement.
24. EffeCtive Date. This Development Agreement shall become effective upon
approval by the City of Winter Springs City Commission and execution of this Development.
Agreement by all parties.
25. Recordation. Upon approval by the City of Winter Springs City Commission
and execution of this Development Agreement by all parties, this Development Agreement '
and any amendments hereto' shall be recorded' by the City in the public records of
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Seminole,County, Florida, and shall run with the land. A Notice .of Termination shall be
,recorded in the public records of Seminole County if this Agreement is terminated by
. Springs, Jessup, and Centex pursuant to paragraph 16 herein: '
26. Relationship of the Parties. The relationship of the parties to, this
Development Agreement is contractual and arm's length. Springs, Jessup and Centex are
, independent contractors and are not the agents of the City for any purpose. Nothing
herein shall be deemed to create a partnership, .or joint venture, .or principal-agent
relatianship among the parties, and no party is authorized to, nor shall any party act.
toward third persons or the public in' any manner which would indicate any such
relatianship with any other party.
27. SovereiQn Immunity. Nathing cantained in this Development Agreement
shall be canstrued as a waiver .of the City's right ta savereign immunity under Section
768.28, Florida Sfafufes,:or any other limitatian an the City's patentia/liability under state
or federal law.
28. City's Police Power. Centex, Springs and Jessup acknawledge and agree
that the City hereby reserves all police powers granted to the City by law. In no way shall
this Development Agreement be construed as the City bargai~ing away or surrendering
its palice pawers.
29. Interpretation. The parties ta this Develapment Agreement acknawledge
and' agree that all parties have participated equally in the drafting .of this Develapment
Agreement, and na party shall be faVared .or disfavared regarding interpretatian of this
"Develapment Agreement in th~ event of a dispute between the parties.
, .
, .
, 30. Permits. The failure .of this Develapment Agreement ta address 'any
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particular City, county, state and federal permit, condition, term or restriction shall not
relieve Centex, Springs and Jessup or the City of the necessity of complying with the law
governing said permitting requireme-nts, conditions, term or restriction.
31. Third Party RiQhts. This Development Agreement is not a third party
beneficiary contract, and shall not in any way whatsoever create any rights on behalf of
any third party~
32. .Specific Performance. "Strict compliance shall be required with each and
. every provision of this Development Agreement. The parties agree that failure to perform
the obligations established in this Development Agreement shall result in irreparable
damage,..and that specific performance of these obligations may be obtained by suit in
equity.
33. Attorneys' Fees. In connection with any arbitration or litigation arising out
of this Development Agreement, the prevailing party shall be entitled to recover
reasonable attorney's fees and costs through all appe.als to the extent permitted by law.
34. Fufure RezoninQs/Development Permits. Nothing in this Development
Agreement shall limit the City's authority to grant or deny any future rezoning or
. .
development permit applications or requests, or the rightof Centex or Springs and Jessup
to apply foror.oppose any future rezoning or development permit application subsequent
to the E~ective Date of this Development Agreement. In addition, nothing herein shall be
construed as granting or creating a vested property right or interest in Centex, Springs,
. and Jessup or on the Subject Property.
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. .
35. Force Maieure. The parties agree that in the event that the failure by either
'. party to accomplish any action required hereunder within a- sp'ecified time period ("Time
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Period") constitutes a default under the terms of this Agreement and, if any such failure is
due to any unforeseeable or unpredictable event or condition beyond the control of such
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party, including, but not limited to, acts of God, acts of government authority (other than
the City's own acts), acts of public enemy or war, riots, civil disturbances, power failure,
shortages of labor or materials, injunction or other court proceedings beyond the control
of such party, or severe adverse weather conditions ("Uncontrollable Evenr), then
. notwithstanding any provision of this Agreement to the contrary, that failure shall not
constitute a default under this Agreement and any Time Period proscribed hereunder shall
be extended by the amount of time that such party was unable to perform solely due to the
Uncontrollable Event.
36. City's Riqht to Terminate Aqreement. Failure by Springs, Jessup, and/or
Centex to perform each and every one of its obligations hereunder shall constitute a
default, entitling the City to pursue whatever remedies are available to it under Florida law
. or equity including, without limitaion, an action for specific performance and/or injunctive
, relief or alternatively, the termination of this Agreement. Prior to the City filing any action
or terminating this Agreement as a result of a default under this Agreement, the City shall
first provide the defaulting party with written notice of said default. Upon receipt of said
notice, the def~ulting party shall be provided a 'thirty PO) day opportunity in which to cure
the default to the reasonable satisfaction of the City prior to filing said action or terminating
this Agreement. If thirty (30) days is not a reasonable period in which to cure the default,
the cure period shall be extended to a reasonable cure period mutually acceptable to the
City and the defaulting party, but in no case shall that cure period exceed one-hundred
'twenty. (120) days. Upon ter'mination of the Agreement, the defaulting party shall
18
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immediately lose all rights and privileges granted hereunder.',
IN WITNESS WHEREOF, the parties have executed this Development Agreement
as of the date first written above.
CITY
Munic
By:
By:
A TrEST:
PAUL P.' PARTYKA
Mayor
WITNESSES:
SPRINGS LAND INVESTMENTS, LTD.,
, a Florida limited partnership
By: Euro American Investors Group
a Florida general partnership
Qth~
"'"
By:
Sun belt Investors Group, Inc.
a Florida corporation
General Partner
A~t
By:
SOrv\IJ Ch .QA~ (fQ/1~ tn'l.o J
Date: 02lm(01-
STATE OF FLORIDA
, COUNTY OF ~(a"~e
, ,
. The foregoing instrument was acknowledged befor~ .r;',';,~his ~ day of 1i:tJ(<Xl~ '
2002" by A C. L-eercblVl ' ,as 'if:~1 of SPRINGS,' LA D
INVESTMENTS, LTD., a Florida limited partnership, ~ who is personally known to me,
or [ ] who has produced ~identification.
PETER lEER DAM NOTARY PUBLIC, State of Florida
Notary Public, State of Florida My commission expires: {)5/01! oS
My comm. expo Mar. 1, 2005
Camm. No. DO 005830
(SEAL)
,19
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WITNESSES:
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STATE OF FLORIDA
COUNTY OF DrCANje,
-By:
By:
Date:
JESSUP SHORES LIMITED PARTNERSHIP
a Florida limited partnership
By: Euro American Investors Group
a Florida general partnership
Sun belt Investors Group, Inc. '
a Florida corporation
General Partner
A~e~dent
- 01/1-0 loc-
The forej;1oing instrument was acknowledged pefore me this 1. 0 day of .feblutV-:J I
2002, by A.c. L.eel{d~{\') , as ~t .,.~~(reof JESSUP SHORES LIMITED
PARTNERSHIP a Florida limited partnership, f<J who is personally known to me, or [ ]
who has produced ~:::tion
NOTA PUBLIC, State of Floriqa
My commission expires: 03/0 I / 05
(SEAL)
PETER LEER DAM
Notary Public, State ot Florida
My camm. expo Mar. 1,2005
Comm. No. DO 005830
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WITNESSES:
qQ~FA
STATE OF FL~IDA. . .' .
COUNTY OF ~~
. CENTEX HOMES, a Nevada general
partnership,
by: CENTEX REAL ESTATE CORPORATION,
a Nevada corporation, Managing General .
Partner
By: ~6! 1-, ~+-
Patrick J. Knight
Division Presiden"t
Date:
~I (p / () ~
The foregoing instrument was acknowledged before me this 0J th day of (Y\cc~
. 2002, by 0..-* ~ ~ 'CU-1- - , as \)~ of CENTEX HOMES, a Nevada
general partnership, who is personally known to me, or [ ] who has produced
as identification.
)/"':.:,,:;:-- Kg R08cRT"'~I'~
i ~{~:!:'.i::~:~;.... f'! J. , ~ ",1.., "",", .....
"i{'~' 9:- ':'~ MY Cvl"MISS,C;J #:C <ld~c4
e~I' ~'::c;.::i'k-:0'.: EXPIRES: Ma.ch ~~, ZGN
~ '. .... -'.
_ ~.'f .J~~'?'-~.:'. eC~~d Thru NCla!"1 :-;.ilihc Und~r..!Ot~:s
.j~~':;:" ~
(SEAL)
. NARY PUBLIC, State of Flori
My commission expires:
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Development Agreement
List of Exhibits
Exhibit A - Legal description'
Exhibit 8 - Townhome plans
Exhibit C - T ownhome Residential Standards
Exhibit 0 - Commercial Standards .
Exhibit E - Private Entry Street Plans
Exhibit F - Entry Feature Plans
Exhibit G - Typical building separation detail
Exhibit H - Typical 434 Frontage Detail
Exhibit I - Typical 434 building elevation
Exhibit J - Typical fence elevations
Exhibit K- Preferred plant list
Exhibit L - Legal description residential property
Exhibit M - Legal Description commercial Property
, Exhibit N- Legal description public entry street
, .
Exhibit 0 - Legal description entry feature property
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Exhibit A
Legal Description
Lots 18, 19,and the east 219 feet of lot 20, south of the new S.R. 434, block 0,
Dr. Mitchell's survey at the levy grant, plat book 1 page 5
And also
Lot 20, south of the new S. R.434 ( less the east 219 feet) block 0, Dr. Mitchell's
survey of the levy grant, plat book 1, page 5.
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~ILE NUM 2002850603
OR BOOK 04358 PAGE 1333
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FILE NUM 200"2850603
OR BOOK 04358 . PAGE 1334.
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Location Map
Site Data
Legend
T<taIlond ,...".
Ccmmerci=ll
Total Lend ".".
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D\.AS..,,~.J
Resident;..1
Rcsidcnhil
Retmtia'l
Taallkits
Proposed Density
Parking
RoQ.Ji-ed $pIIces
G....ge
011 Slreal
~sita
T otoJ PoMcng
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Entry Drive
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NORTH
Exhibit 8
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1.6.c.
14,51 Ac.
1,58 Ac(11 %)
158 t.ri:ls
1 D,88 Uritsl.Ac1o
J 1 6 (2Aril)
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PROJECT NO
11a
50ti
OAr:
10101
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FILE NUM 2002850603
OR BOOK 04358 ,PAGE 1335
Exhibit C
Residential Development Standards
T otalland area~ 14.2 acres
land use: Townhouse
Total units 160
Maximum density: 12 units/acre
Property Boundary building setbacks:
S.R. 434:
Principle building -34'
Covered open p~rch- 26'
East Property line:
PrinCiple building -10'
Covered open porch -:- 10' .
West Property line:
Principle building -10'
Covered open porch - 10'
South Property line:
Principle building -20'
Covered open porch - 12'
Minimum lot size: '1,800 sJ. (20' x 90')
Minimum Lot frontage: 20'
Minimum building setbacks on lots:
Front: 20'
Side: 0'
Rear: 20'
Minimum living area: 1,000 sJ.
Minimum Building separation requirements
,Side to side: 20'
, Rear to rear: 40'
Porch to porch:24'
Parking: 2 spaces per unit. (driveway will be ~nsidered as one space.)
, Minimum setback from parking areas: 5'
Minimum setback from private roadways: 10'
,landscape buffers
SR. 434. Buffer along S.R 434 will be per exhibit H..
.' West Boundary; no buffer required
South Boundary - no buffer required. .'
East boundary - no buffer required. Buffer provided by commercial
" property
434 Architectural elevations will be per exhibit I
, '
. Note; setbacks will be measured from the face of the building not the fascia of
the roof overhang.
Exhibit D
Commercial Development Standards
Total land area: 1.6 acres
Land use: All uses permitted in the C-1 zoning'district & Professional Office
Town Center District DesiQn Standards: Town Center District Code includino.
but not limited to:
1. All buildinQs shall be constructed to the ubuild-to-line", as defined in the Town
Center District Code.
2. All buildinQs shall be at least two stories in heiqht
3. The architecture of all buildinQs and structures shall be Qenerallvin keepino
with nee-traditional. architectural and other desiQn standards reflected in the
Town Center District Code.
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Exhibit E
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24' Paved Road
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Typical Road Section
F241 Private
Drive
12'T12'
6 X 12
Ribbon Curb
Shared Entry Road Section
Access Easement
. 16'-0.
r ~t41'-0" sl- median r entry l'
,eX! ane " lane
, ,
2' Miami curJ -=
daly design group inc.
Lmd ~nn"9. L_sc~pe ,"d.lecllle. Phl,<:c1..,qneq_ ~ Consulng
e61 w, Maw Etvcl.. s.t. 125. 'IIku... Pof1<. Rcndll J27119 (,em 7<0-7373
Private En Street Plans
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L 5 sidewalk
2' Miami Curb
Wagner's Curve Townhouse Project
Vktt:er ~s. RQ1(b
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Exhibit F
Decorative brick pavers
Low shrubs an
flowering ground co r
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Plan View
Flowering shrubs
and accent plants
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Proposed Elevation LEGIBILITY Uf'lSATISFACTOR1.
FOR SCANNING
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daly design group inc.
l.-net Pt.""'ng~ l..ndx.pe *chledlle. Pf-otca .\len.gCf"T'll:T1l ~ ~SU'''9
861 W. Ma>e 3-d.. s...t. 12~, Wnfer PW< Rcnae 32789 .'On ,.~7)n
En Feature Plans
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- '.40 A" -
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I==--. Covered Porch ~ ~
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24' A"
Min. Porch Separation
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/'- 4' Sidewalk
, Wa~ers Curve
daly deaign group inc.
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, Typical Building- Separation DetaiJ
Exhibit G
~
- street tree 40' o.C.
34' Principle Bldg setback
26'
/r- ornamental light post
6' brick column 80' o.c.
Decorative Aluminum Fence
existing 5' sidewalk
-
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20'
Landscape Buffer
SR 434
Wa~ers Curve
daly design group inc.
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Typical 434 Streetscape
Exhibit H
C-"O"~O'::U''',:) ...n.., '::J-''' J
low shrubs .
and flowering
ground cover
stairs to 2'
raised porch -~
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approach
7'
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2 story building
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FILE NUM 2002850603
,OR BOOK 04358 PAGE'1341
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434 Frontage Elevation
daly design group inc_
Land Planning, Lanaxape wChdeclum, ProJeCt M8na~ment Cevelopment Con.ul!ing
881 W. Moru alv~. Suite 125. 'Mr.!'" Park. FIon,," 32739 ('O7) 7.0-7373
Oate: 07101 Scale, NOlto Scale Job NO,: 2011a
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Exhibit J
Ball cap on 2" post 8' o.c.
Press point finial
-. 3 Rail Aluminum Fence
Bricl< Column not
less than 50' o.C.
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daly design group inc.
"LMrd PfMtn~. L.JnOSC300! Atr.r.,,"!'C'~ ~<<:r ,\I~nagf!fT'llJnr. Cevefoptnent CoMuO'"lQ
861 W. Mcrse (tvd.. s...1h!' :2~ 1'Jr.:er,.?-Irk ;:t,-..nca ~?'l9 i.aQii 740-nn
ical FencE: E!evations
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Exhibit L
Residential Property Legal Description '
, A Portion of Lots 19 & 20 Block 0; Mitchell's Survey of The Levy Grant,
According to the plat thereof, As recorded in Plat book 1 page 5 of the Public
records of Seminole County, Florida.
Being more particularly described as follows:
Begin at the southern comer of said lot 20 block 0, thence N 83008'18" E Along
the southerly line of said block 0, a distance of 954.17 feet; thence departing
said southerly line N 06051 '42" Wa distance of 125.00 feet; thence N 51051 '42"
Wa distance of 80.00 feet'; thence 06051 ',42" W a distance of 50.00 feet; thence
N 25024'17" E a distance of 175.49 feet to the southerly right of way line of state
road no. 434 per F.D.O.T. right of way map section 77070-2516 dated 12/10/98
and to an arc of a circular curve concaved southerly having a radius of 2685.00
feet and a chord bearing of N 74054'50" w thence through a central angle of
22045'19", westerly along the arc of said curve a distance of 1066.36 feet to the
westerly line of aforesaid lot 20 block 0; thence S 06013'08" E a distance of
775.96 feet to the point of beginning.
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EXHIBIT M
Legal description commercial property
DESCRIPTION: (PARCEL 2)
A PORTION OF LOT 18 BLOCK 0, MITCHELL'S SURVEY OF THE LEVY
GRANT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCT AT THE SQUTH'.NEST CORNER OF SAID LOT 20 BLOCK 0,
THENCE N 83008'18" E ALONG THE SOUTHERLY LINE OF SAID BLOCK 0, A
DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCE
N06051 '42" W A DISTANCE 125.00 FEET; THENCE N 51051'42" W A
DISTANCE OF 80.00 FEET; THENCE N 06051 '42: W A DISTANCE OF 50.00
FEET; THENCE N 25024'17" E A DISTANCE OF 175.49 FEET TO THE
SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 434 PER F.D.O.T.
RIGHT OF WAY MAP SECTION 77070-2516 DATED 12/10/98 AND TO AN
ARC OF A CIRCULAR CURVE CONCAVED SOUTHERLY HAVING A RADIUS
OF 2685.00 FEET AND A CHORD BEARING OF S 5]010'29" E; THENCE
THROUGH A CENTRAL ANGLE OF 12043'23" EASTERLY ALONG THE ARC
_ OF SAID CURVE A DISTANCE OF 596.22 FEET; THENCE S 83008'18 W A
DISTANCE OF 495.00 FEET TO THE POINT OF BEGINNING.
,LESS:
LEGAL DESCRIPTION (ACCESS PARCEL)
A PORTION OF LOT 18 AND 19, BLOCK 0, MITCHELL'S SURVEY OF THE
LEVY GRANT, ACCORDING TO' THE PLAT THEREOF, AS RECORDED IN
, PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
. COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 19, THENCE N
,83008'18" E ALONG THE SOUTHERLY LINE OF SAID LOT 19 FOR A
DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCE THE
FOLLOWING COURSES AND DISTANCES; N 06051'42" W FORA DISTANCE
OF 125.00 FEET; THENCE S 51051'42 E FOR ADISTANCE OF 91.92 FEET;
THENCE N 83008'18" E FOR A DISTANCE OF 140.71 FEET; THENCE N
33004'40"E FOR A DISTANCE OF 154.84 FEET TO THE SOUTH RIGHT OF
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WAY LINE OF STATE ROAD NO. 434 PER F.D.O.T. RIGHT OF WAY MAP
SECTION NO. 77070-2516, DATED 12/10/98 AND TO AN ARC OF A
CIRCULAR CURVE CONCAVED SOUTHERLY HAVING A RADIUS OF 2685.00
FEET AND A CHORD BEARING OF S 53035'48" E; THENCE THROUGH A
CENTRAL ANGLE OF 05034'00" SOUTHEASTERLY ALONG THE ARC OF
SAJD CURVE A DISTANCE OF 260.87 FEET TO THE SOUTHERLY LINE OF
SAID LOT 18, THENCE S 83008'18" W FOR A DISTANCE OF 495.00 FEET TO
THE POINT OF BEGINNING.
CONTAJNING 1.60 ACRES +/-
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POINT OF COMMEN~EMEN ' ,
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ACCESS PARCEL~
LOT 27
LfGIBILlTY UNSATlSFACTOR'i
fOR SCANNING
LECALoESmPTICf4 (ACCESS PAA~-B);
A POOTION OF lOT t8 AND 19. BlOO< O. "'TCHm's SURVEY OF THE LEVY CRMT. 'ACCORDING TO THE PLAT THEREOF,
AS RECOROEo IN PLAT 8OCf< I. PAQ: :I, OF THE F'V8UC RECORDS OF SOt/NOlE COUNTY. FLORIDA.
BEING ..~ PAAnCUlARy DESCRIBED AS FOlLOWS:
COt.lUENCE AT THE SOUl11v.err CORNER OF LOT 20, BLOO< D. l11ENCE: Haroa'te-E AlONC TliE SOUTH[RLY UHE OF SAID
LOT t9 AND 20 A DISTANCE OF g54.17 FtET; l11ENCE lEA'YINGSAlD SOUlH UNE RUN N06"51'4Z'W A DISTANCE OF 18.00
FEET TO l11E POINT OF BEGINNING; THENCE COOT!NUE N06"5t'42""W A DISTANCE: OF 12~00 FEET; lBENCE RUN l11E
FOUO"llllNC COURSES AAO DISTANCES 5.51"5I'42-E A DISTANCE OF g1.n FrrT; THENCE RUN NaJ1)6'un: A DISTANCE OF
t40.71 FEET; THENCE N J.J"Q.4'40- E A DISTANCE Of' 154.84 FEET TO THE SOUlli RlGHT-Of'-'NAY UHE OF STATE ROAD
NO. .c.J.4 Pm F.D.O.T. RIGHT-OF-WAY .,AP SECTICf4 NO. n070-2-'lS, DATED OEcu,,8ER to, 1998. SAlD POINT AlSO
BEINe AN ARC OF A ORaJlAA OJRVE CONCAVE SOUThEASTERLY HAVING A RADIUS OF 2Sas..00 fEET AND A OiORD
BEARJNC OF 5.5S;ZS'2IE; THENCE THROUG-t A CENTRAl. AHCU OF 01~2'4.J. RUN SOUThEASTERt.y AlOHC ThE ARC OF
SAlO C1JR~ A DISTANCE OF MCH FEET TO A POINT QoI THE SAID SOlJ1}f RIGHT OF 'NAY UNE. lliENCE lEAVING SAID
SOUTIi UNf: RUN 5.5t~25"W A DISTANCE OF 22.57 FEET;THENa: SJ.]"21'~-W A DISTANCE OF 75.15 FnT TO ThE POINT
OFCURVAnJRE OF A OJRVE CONCAVE HORTH~y HA'YIHCA ItADlUS OF tOO.OO fEET AND A 01000 BEARING OF
S58"t5'O"~ THENCE ThROUCH A a:HTRAl. ANQ.f: CF W4e'28'" MJH 3OU1HEASn:RI..Y AlCWC THE MC OF SAID CURVE A
.OISTANCE OF 86.87 FEET; TO TliE POINT OF TANCENCY llQa: saJ"08'l8'''lr A OfSTNlC( CF 221'-8.3 fEET; TO THE POINT
OF BEQNNlNG.
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EXHIBIT 0
lega', description entry feature property
lEGAL DESCRIPTION (ACCESS PARCEL):
A PORTION OF lOT 18 AND 19, BLOCK 0, MITCHELL'S SURVEY OF THE
. lEVY GRANT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA
BEING MORE PARTICULARLY DESCRIBEO AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 19, THENCE N
83008'18" E ALONG THE SOUTHERLY LINE OF SAID LOT 19 FOR A
DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCE THE
FOllOWING COURSES AND DISTANCES N 06051'42" WEST FOR A
. .
DISTANCE OF 125.00 FEET; THENCE S 51051'42" E FOR A DISTANCE OF
91.92FEET; THENCEN 83008'18" E FOR A DISTANCE 140.71 FEET;
THENCE N 06051'42" W FOR A DISTANCE OF 45.60 FEET; THENCE N
33004'40" E FORA DISTANCE OF 120.00 FEET TO THE SOUTH RIGHT-OF-
WAY LINE OF STATE ROAD NO. 434 PER F.D.O.T RIGHT-OF-WAY MAP
SECTION NO. 77070-2516, DATED 12/10/98 AND TO AN ARC OF A.
CIRCULAR CURVE CONCAVED SOUTHERLY HAVING A RADIUS OF 2685.00
FEET AND A CHORD BEARING OF S 53054'32" E, THENCE THROUGH A
CENTRAL ANGLE OF 06011 '29" EASTERLY ALONG THE ARC 00 SAID
CURVE A DISTANCE OF 290.14 FEET TO THE SOUTHERLY LINE OF SAID
LOT 18; THENCE S 83008'1W W FOR A DISTANCE OF 495.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 1.09 ACRES +/_
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Prepared by and Return to:
Anthony A. Garganese, City Attorney
Brown Ward, Salzman & Weiss, P.A.
& 225 E' Robinson Street, Suite 660
P.O. Box 2873
Orlando, FL 32802-2873
MARYAM4f MORSE, CLE,qr. f)f CI RCUlT COURT
SEHlNOLE COUNTY
BK 04625 PG 1106
CLERK'S ~ 2002989216
RECORDED 12/10/2002 11:09:55 ~
RECORDUm FEES 24.00
RECORDED BY M Nolden
Parcel 1.'0. Nos. 26-20-30-5AR-0000-18C
26- 20-30-5AR -0000-0200
FIRST MODIFICATION
BINDING DEVELOPMENT AGREEMENT.
THIS FIRST MODIFICATION OF THE BINDING DEVELOPMENT AGREEMENT.
.'. .'
(herein referred to as the "First Modification"), made and executed this'! ~, day of .
~.-G:'''~~ , 2002, by and between the CITY OF WINTER SPRINGS, a Florida municipal
corporation (herein referred to as the "City"), whose address is 1126 East State Road
434, Winter Springs, Florida,32708, and SPRINGS LAND INVESTMENTS, L TO., a
Florida limited partnership (herein referred to as "Springs"), whose address is c/o Sunbelt
Investors Group, 175 Lookout Place. Suite 201, Maitland. Florida, 32751, and JESSUP"
SHO'RES LIMITED PARTNERSHIP, a Florida limited partnership (herein referred to as
"Jessup"), whose address is clo Sunbelt Investors Group, 175 Lookout Place, Suite 201,
,Maitland, Florida, 32751, and CENTEX HOMES, a Nevada general partnership (herein
, . ,
'referred to as "Centex"). whose address is 385 Douglas Avenue, Suite 2000, Altam'onte
Springs, Florida, 32714.
1
FILE NUM 2002989216
OR BOOK 04625 PAGE 1101
WITNESSETH:
WHEREAS, City, Springs and Jessup previously entered into a Binding
Development Agreement recorded in Official Record Book04358, Page 1310 of the public
. records of Seminole County; and
WHEREAS, Section 11.1 of the Binding Development Agreement contained a
scrivener's error; and
WHEREAS, the parties desire to correct that scrivener's error by executing and
recording this First Modification.
NOW, THEREFORE, in consideration of the mutual covenants and mutual benefits
herein contained, the parties agree as follows (strikeOt:tt type are deletions and underlined
type are additions):
1. Section 11.1 d(1) is hereby corrected to read as follows:
(1) For every tree removed (greater than 44 1 inch caliper), one
replacement tree shall be planted. The replacement tree shall be a
minimum of 2 1/2 inch caliper container grown (30 gallons).
2. All terms and conditions of the Binding Development, Agreement not
corrected byth'is F:irs! Modification sh<:ill remain in fLJI! force and effect.
:'!
, ,
IN WITNESS WHEREOF, the parties have executed this First Modification as of the
date first written above.
2
CITY OF IfJINTER SPRINGS, a Florida
Municipal Corporation,'
B'/"
J'
((~tJ. i;t/!-r
RO~~,l-\LDVi.jtactEM6RE
PitV Manag(:'r
WITNESSES:
G- (, '1, i"0 '
'J <..~..(t.d -el _li,,').-:> (Le Fl. ,";-"YVr',
FILE NUM 2002ga9216
OR BOOK 04625 PAGE 1108
ATTEST:
By:
SPRINGS LAND INVESTMENTS, LTD.,
a Florida limited partnership
By: Euro American Investors Group
a Florida general partnership
By: Sunbelt Investors Group, Inc.
a Florida corporation
General rtner
By:
Date:
A~-eefda , resident
5/8/o't
.
STATE OF FLORIDA
COUNTY 9F Orc'l'l\C)t.
. The foregoing instrument was acknowledged before me this 00 day ot" ~,
2002, by . A - C lecrdC\.JV1 J as $::o:'J(. of SPRING~b
, INVESTMENTS, L TO., a Florida limited partnership, [\If who is personally known tome,
or [ ] who has produced . ~s identification.
NOTARY PUBLIC, "state-of Florida
My commission expires:
PETER LEER DAM
Notarv Public, Stale of Florida
My c~mm: expo Mar. 1, 2005
Comm. No. DO 005830
3
F[LENUM 2002989216
DR BOOK 04525 PAGE; 1110'3
(SEAL)
WITNESSES:
JESSUP SHORES LIMITED PARTNERSHIP
. a Florida limited partnership
By: Euro American Investors Group
a Florida general partnership
~..
, ,
_~. v -,.
----. ---
'By: Sunbelt Investors' Group, Inc.
a Florida corporation
General P, rtner
By:
n n:-), (') ,
\l,. (v(\. ,t', l;"'-'-' l. I t
--if '-~. ,-,'i/il/.' \ .(C.'I.;? d"Y\.0 ;
Date:,
5/tJ/tJ~
.
STATE OF FLORIDA
COUNTY OF. o {Of'O-P,-
j
, The fore(oing instrument was acknowledged before me this.J2L day of r~~ '
. ~., \ 1~<> .:;1>0"'-
2002, by _. JY?.rv ClIVI , as iij ','~e of JESSUP SHORES LI ITED
PARTNERSHIP a Florida limited partnership, f<.]~eLScQDaU~koQWo to me, or [ ]
who has produced . as identification.
NOTA~ of Florida
My commission expires:
(SEAL)
PETER LEER DAM
Nolary Public, Slate 01 Florida
My comm. expo Mar. 1, 2005
CQmrn. No. DO 005830
4
I
,~
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~
1
FILE NUM 200298~21~
. OR BOOK 04625 PAGE 1110
WITNESSES:
CENTEX HOMES,' a Nevada general
partnership,
by: CENTEX REAL ESTATE CORPORATION,
a Nevada corporation, Managing General
Partner
'; 1\
) l_-":./_"--_-
By:
~
Patrick J. Knight
Division President
\\~ot..
Date:
STATE OF FLQRIDA..- .
'COUNTY OF ~e_\t~vL..{) LL
The foregoing i~ru.menJ was acknowledg~d ,~ef~rfe ,rneJhis 2l\'L~ay of nc\.:cl"bel
2002, by ? {.\.. \~\l \ (.Ie .J. \L"'~'\..<;'ikt- 1 as \)iJ.I((~, kofCENTEX HOMES, a Nevada
general partnership, bJ--Wflo.J is personally known to me, or [ ] who has produced
/' \ as identification. .
, .(\
~~~~/~~i~~~~j~}i~1
(SEAL)
5
Date: 082503
The following was handed out to the City
Commission during the discussion of Regular
Agenda Item "G" on 08/25/03.
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SHEET 1 OF 4
HERITAGE PARK TOWNHOMES
A REPLA T OF PARCEL 1, WAGNER'S CURVE REPLA T
PLA T BOOK 63, PAGES 13 AND 14
LOCA TED IN SECTION 36, TOWNSHIP 20 SOUTH, RANGE 30 EAST,
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA.
DESCRIPnON
PARCEL " WAGNER'S CURVE REPLA T, AS RfCORDED IN PLA T BOOK 63, PAGES
13 AND 14 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
CONTAINING 14.52 ACRES.
-'.
-................. ....
----- -....................
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GENERAL NOTES
BEfARINGS ARE ASSUMED BASED ON THE SOUTH PROPERTY LINE AS RECORDED
INI PLA T BOOK 6J, PAGES 7J AND 74 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
F/!..DRIDA BEING SOUTH 8J'08'18- WEST.
~ACT 'A' IS UTlUTY AND RIGHT-OF-WAY TRACT AND IS HEREBY DEDICATED
AIND MAINTAINED BY HOMEOWNERS ASSOCIA TlON. THERE IS A
U'TILlTY EASEMENT OVER TRACT 'A' IN ITS ENTIRETY ARE HEREBY DEDICA TED
TO THE CITY OF WINTER SPRINGS. THERE IS A DRAINAGE AND ACCESS
EJASEMENT OVER TRACT 'A' IN ITS ENTIRETY ARE HEREBY DEDICA TED AND
MiAINTAINED BY HOMEOWNERS ASSOCIA TlON.
TfRACTS 'B' AND 'E' OPEN SPACE AND RECREA TlON TRACTS AND ARE HEREBY
orEDICA TED AND MAINTAINED BY HOMEOWNERS ASSOCIA TlON.
TRACT 'C' IS RETENTION POND TRACT AND IS HEREBY DEDICA TED AND
M;,I,INTEINED BY HOMEOWNERS ASSOCIA TlON, WITH UTILITY EASEMENT
OlVER TRACT 'c' IS HEREBY DEDICA TED TO THE PUBLIC UTILITY PROVIDER.
Tff?ACT 'D' IS LIFT STA TlON TRACT AND IS HEREBY DEDICA TED TO THE CITY
OIF WINTER SPRINGS.
TRACTS 'F', 'G', 'H', 'I', 'J', 'K' AND 'L' OPEN SPACE TRACTS AND ARE
HIEREBY DEDICA TED AND MAINTAINED BY HOMEOWNERS ASSOCIA TlON.
mACT 'F' OPEN SPACE TRACT WITH A DRAINAGE EASEMENT OVER ENTIRE
mACT 'F' HEREBY DEDICA TED AND MAINTAINED BY HOMEOWNERS ASSOCIA TlON.
8. AH.r.. PLA TTED UTILITY EASEMENTS SHALL PROVIDE THA T SUCH EASEMENTS
SIHALL ALSO BE EASEMENTS FOR THE CONSTRUCTION, INSTALLA TlON.
M;AINTENANCE AND OPERA nON OF CABLE TELEVISION SERVICES; PROVIDED,
HlOWCVER, NO SUCH CONSTRUCTION, INSTALLA TlON, MAINTENANCE AND
OJPERA TlON OF CABLE TELEVISION SERVICES SHALL INTERFERE WITH THE
FIACILlTlES AND SERVICES OF AN ELECTRIC, TELEPHONE, GAS OR OTHER
PIJ.J8L1C UTILITY, IN THE EVENT A TELEVISION COMPANY DAMAGES THE
FIACILlTlES OF A PUBLIC UTILITY, IT SHALL BE SOLEL Y RESPONSIBLE FOR
M DAMAGES.
,.
2.
J.
4.
INDEX MAP
NOT TO SCALE
6.
7.
9. AlNY ENCROACHMENTS INCLUDING BUT NOT LIMITED TO DECKS, CONCRETE PADS,
FIENCING. BUILDING OVERHANGS OR ANY AMENITY LIMITING THE FULL AND
CIOMPLETE USE OF THE EASEMENT BY THE CITY IS EXPRESSL Y PROHIBITED.
CERTIFICA TE OF APPROVAL
BY MUNICIPALITY
THIS IS TO CERTIFY, That on
I
,.
the
ATTEST:
approved the foregoi 19 plat.
o MAYOR
c17 .,.' CLERK
VICINITY MAP
NO T TO SCALE
CERTIFICATE OF SURVEYOR REPRESENTING CIT
I HEREBY CERTIFY, that I have examined the foregoing plat
and find it to comply in form with all the requirements of Chapter
177, Florida Statutes
By:
Printed Name
Florida Certificate No.
CLERK OF THE COURT
NOTICE
THIS PLA T, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPIC770IN OF
THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCE!S BE
SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF" 7HE
PLA T. THERE MA Y BE ADD1770NAL RESTRICnONS THA T ARE NOT RECORDED ON THIS
PLA T THA T MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUINTY.
Date:
I HEREBY CERTIFY, that I have examined the foregoing plot
and find that it complies with 011 the requirements of Chapter
777, Florida Statutes and was fifed for Record on
INC.
day of
at
This
I AMERICAN SURVEYING & MAPPINGI
320 EAS1 SOUlH STREET. SUITE 180 . ORLANOO, FLORIDA 32801
(407) 426-7979
File No.
CLERK of the COURT, in and for Seminole County, Florida
PLAT
BOOK PAGE
HERITAGE PARK TOWNHOMES
A REPLA T
DEDICA TlON
This is to certify that the undersigned, Centex Homes, a Nevada
general partnership, by: CENTEX REAL ESTA TE CORPORA TION, a
Nevada corporation, Managing General Partner, (hereafter referred
to as .Owner.) is the lawful Owner of the lands descrtbed in the
caption hereon, and it has caused the some to be surveyed, and
this plat, madil In accordance wIth sold survey, Is herilby adopted
as the true and correct plot of said londs. No part of said lands
except Tract '0' (Lift Station) as noted on the face of this plat,
is dedicated to the City of Winter Springs or to the public or for
any public use or benefit. All the streets and easements shown
on this plot ore not required for public use and such streets and
easements are not and will not be a part of the county system
of public roads. Utility easement over Tract 'A' shall be dedicated
to the City of Winter Springs. None of the property designated as
.Common Area. on this plat is required for public use; and such
.Common Area- is not and will not be a part of the County
system of public roods. Said Common Areas are instead part of
the .Common Area. creatfld by this plat and will be subject to
the Covenants, Conditions and Restrictions of Heritage Park
Townhomes (hereafter referred to os the .Declaratlon -). Said
Common Area shall remain private and the sole and exclusive
property of Owner. its successors and assigns.
Owner does hereby grant to the present and future owners of the
lots 1 through 158 (inclusive), and their guests, invitees, domestic
help, and to delivery, pick up, and fire protection services, police
and other authorities of law, United States Mail Carriers,
representatives of utilities providing services to the lands containe
within this plat, holders of mortgage liens and such other persons
as Owner, its successors and assigns may from time to time
designate, the non-exclusive and perpetual right of ingress and
egress over and across the roads and sidewalks, as they may fro
time to time be constructed on Tract 'A " of the Common Area.
Tracts 'A', 'B', 'C', 'E', 'F', 'G', 'H', 'I', 'J', 'K' and 'L' shall be
owned and maintained by the Homeowners Association.
Owner, in recording this plat, has created the .Common Area-
shown hereon, which area ;s port of the .Common Area. describe
in the Declaration. Said .Common Area. is not dedicated for the
use and enjoyment of the general public, but its use is reserved
for the common use and enjoyment of the property owners of the
Heritage Pork Townhomes. The exact name and extend of, ond
the reservations and restrictions on, such common use and
enjoyment ore more fully set forth in this plat and in the
Declaration.
Notwithstanding the foregoing: an emergency access easement to
the private storm drainage system over Tracts 'A', 'B: 'E', 'F: 'G',
'H', 'I', 'J', 'K' and 'L' and over off drainage easements shown on
this plot are hereby dedicated to the City of Winter Springs for
emergency maintenance purposes in the event inadequate
main tenance of the private storm drainage system creates 0
hazard to the public health, safety and general welfare. The
emergency access easement granted above does not impose any
obligation, burden, responsibility or liability upon the City of Winter
Springs to enter upon the subject property and take any action t
repair or maintain the private drainage system. A non-exclusive
easement through. over, under and across Tracts 'A: 'B'. 'E'. 'F',
'G', 'H', 'I', 'J', 'K' and 'L' and 01/ utility easements shown on this
plat is hereby dedicated to the City of Winter Springs for use by
01/ public utilities for the purpose of constructing, maintaining, and
replacing their respective facilities servicing the lands encompasse
by this plot.
IN WITNESS WHEREOF, Centex Homes has caused there presents b
signed and attested to or witnessed by the officer named below
on the day of ____-' 200J.
CENTEX HOMES, a Nevada General Partnership
By: Centex Real Estate Corporation, a Nevada
Corporation, its
Name:
Managing General Partner
WI TNESSES:
By:
Name:
Title
By:
Name:
Title:
STA TE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing Instrument was acknowledged before me this ___
day of ____________-' 2003, by
______ __ as
_________ of Centex Real Estate
Corporation, 0 Nevada corporation, managing general portner of
Centex Homes, a Nevada general partnership. on behalf of the
Corporation. He is personafly known to me and did not toke on
oath.
Print Nome: __
Name:_____________
Notary Public, State of Florida
Commission No.: __________________
CERTIFICATE OF SURVEYOR
I hereby certify that this plat is a true and correct
representation of the lands surveyed, that the survey was under
my responsible direction and supervision, and the survey data
contained herein complies with 0/1 of the requirements of Chapter
177 of the Florida Statutes. I further certify that I have
complied with the requirements of Chapter 177.091(7) regarding
-permanent reference monuments,. and that the land is located
in the City of Winter Springs, Florida. Professional Surveyor and
Mapper No. 5011
Sign a ture______ _______
BRETT A. MOSCOVlTZ
Date
REGISTRA TlON NUMBER OF LEGAL ENTITY:
AMERICAN SURVEYING k MAPPING, INC.
320 EAST SOUTH STREET, SUITE 180,
ORLANDO FLORIDA J2801
LB #639J
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SHEET 2 OF 4
HERITAGE PARK TOWNHOMES
A REPLA T OF PARCEL 1, WAGNER'S CURVE REPLA T
PLA T BOOK 63, PAGES 13 AND 14
LOCA TED IN SECTION 36, TOWNSHIP 20 SOUTH, RANGE 30 EAST,
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA.
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NonCE
THIS PLA T, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF
THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE
SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE
PLA T. THERE MA Y BE ADDlnONAL RESTRICTIONS THA T ARE NOT RECORDED ON THIS
PLA T THA T MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
L 0 T 2 7 END 20' UTlUTY fSM'T
(OR8.1J.f6, PG.200J)
BLOCK D, D.R. M/ITCHELL'5 SURVEY OF THE
LEVY GRANT ON LAKE JESSUP
PLA T BIOOK 1, PAGE 5
30
!
60 120
I 1
o
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SCALE: '-=60'
..'.
......
........
~.
~
......
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......
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PB
tI') ORB
FOOT
t-.... No.
S.R.
~ N.R.
ct.
~ R/W
PRM
LB
~ LS
FO
(j) PI
PC
PT
PRC
PCC
@
G
.
PLAT
BOOK
LEGEND
UN~
LI
L2
LJ
L4
L5
L6
L7
LB
L9
LlO
U,
Ll2
Lt.3
U4
LIS
L16
L77
Ll8
L79
L20
L27
L22
L2J
L24
L25
L26
L27
L2B
L29
L30
L.31
LJ2
L.3J
LJ4
LJ5
L.36
LJ7
U8
L39
L40
L41
L42
L43
L44
L45
L4fj
L47
L48
L49
L50
Ls1
LS2
L53
Ls4
L55
L56
LS7
LINE TABLE
LENGTH
19.94'
19.95'
19.9S'
19.95'
19.9S'
19.9S'
19.9S'
19.96'
203.49'
7B.90'
2J.41'
23.56'
18.90'
24.02'
23.4J'
203.603'
.1.46'
23.73'
24.02'
24.0 '
O. 0'
24.00'
14.56'
S.06'
1.9 '
22.80'
20.00'
IS.00'
13.J6'
9.65'
40.00'
20.00'
19.81'
20.00'
.11.61'
25.19'
26.3S'
11. 08'
4.92'
7.66'
2.82'
S.07'
20.44'
20.76 '
15.77'
1S. n'
6.4J'
11.7S'
29. n'
17 47'
5.16'
70. DO'
JO.OO'
20. 0'
15.00'
75.00'
20.00'
PAGE
BEARING
N07'40'49-E
NI0'l9'04-E
N10'49'2B"E
NfJ'27'4J-E
N1J'S8'OrE
NI 6 '36 '22"E
N17'06'4fj"E
N19'4S'OO-E
N09'00 'OO.E
S79'2S'.38"~
N12'08'J9-E
N12'08'.19-E
S76'16'S9-E
sn'.10'4S-E
N1S'l7'18-E
NI5'17'IB"E
NIB'2s'srE
N1B'2S'S7-E
S74'1J'IB"E
570'5S'SO-~
N06'51'42"w
S8.1'08'18-W
N89'29 '2S-W
SBJ'OB'24-W
S8J'08'18"W
N20'12'10"W
N06'51'42-W
N06'51'42-W
S83'08'18-W
S44 '49'55-E
S06'51'42-E
N83'08 '18"E
58J'08'IB-W
NBJ'08'18-E
544'49'55-E
S44'49'SS"E
N62'J9'OS-E
S20'06'47"W
N4S'I O'OS-E
S44'49'2S-E
N4S'10'OS-E
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N44'49'SS-W
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S44 '49 '5S "E
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S44 '49 '55 "E
S06'51'42"E
S4S'1 O'OS-W
S4S'lO'OS-W
S45iO'OS"W
NBJ'08'IB-E
S06'51'4r~
N8J'08'18"E
NOo'SI'42-W
S06'51'42-~
N8J'08'18-E
unuTY
EASEMENT
RADIUS
DEL T A ANGLE
ARC LENGTH
CHORD LENGTH
CHORD BEARING
POINT ON CURVE:
PAGE
PLA T BOOK
OFFICIAL RECORDS BOOK
FlORIDA DEPARTMENT OF TRANSPORTA nON
NUMBER
STA TE ROAD
NOT RADIAL
CENTERUNE
RIGHT OF WA Y
PERMANENT REFERENCE MONUMENT
UCENSE BUSlN~SS
LAND SURVE:YOR
FOUND
POINT OF INTERSEcnON
POINT OF CUR VA TURE
POINT OF TANGENCY
POINT OF REVERSE CURVA TURE
POINT OF COMPOUND CURVA TURE
DENOTES PERMANENT CONTROL POINT (SET NAIL
WITH DISC STAMPED LB 16393)
DENOTES PERMANENT REFERENCE MONUMENT (SET 4" X
4- CONCRETE MONUMENT STAMPED LB 16393)
DENOTES PERMANENT REFERENCE MONUMENT (m 4- x
4" CONCRETE MONUMENT STAMPED LB #6393)
NOTE:
FOR TRACT DES/GNA nON SEE SHEET 4 OF 4
240
I
lie.
I AMERICAN SURVEYING & MAPPINGI
320 EAST SOUlH STREET. SUITE 180 . ORLANDO. FlORIOA 32801
(407) 426-7979
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HERITAGE PARK TOWNHOMES
A REPLA T OF PARCEL 1, WAGNER'S CURVE REPLA T
PLA T BOOK 63, PAGES 13 AND 14
LOCA TED IN SECTION 36, TOWNSHIP 20 SOUTH, RANGE 30 EAST,
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA.
......
......
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WAGNER'S CURVE REPLA T
PLA T BOOK 63, PAGES 13 AND 14
PARCEL 2
NOT INCLUDED
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S83"08'18"W NR.
LOT 27
LOT 26
BLOCK D, D.R. MITCHELL'S SURVEY OF
LEVY GRANT ON LAKE JESSUP
PLA T BOOK 1, PAGE 5
THE
INC,
NOTICE
THIS PLA T, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICnON OF
THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMST.ANCES BE
SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORIM OF THE
PLA T. THERE MA Y BE ADDmONAL RESTRICnONS THA T ARE NOT RECORDEif) ON THIS
PLA T THA T MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
I AMERICAN SURVEYING & MAPPING'
320 EAST SOUTH STREET. SUllE 180 · ORLANDO. FLORIDA 32801
(407) 426-7979
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20' UnLlTY EASEMENT (ORB 1346, PG. 2003) ~
430.00'
~ 20' UnLr~.~ASEMENT (ORB 1J77, PG. 718~ _ _ _
SHEET .3 OF 4
PLAT
BOOK
CURVE TABLE
CURVE RADIUS LENGTH DEL TA CHORD CHORD BEARING
Cl1 2685.00' 24.19' 0'30 '5S " 24.19' N70'OO'Q6"W
C12 2685.00' 723.60' '38'75" 723.59' N68'25' oW
C13 2685.00' 23.74' 0'30'24" 2.1.74 ' N66'51'10"W
C14 2685.00' 723.60' 2'J8'75- 72J.58' N65'16'50.W
C75 2685.00' 79.95' 0'2 '.1.10 19.95' N63'44 '5rW
C76 25.00' 28.98' 66'25'19" 27.39' NO '7 'J .W
C17 75.00' 40.40' 30'57 '48" 39.97' S08'J4 '12OW
C18 25.00' 28.98' 66'25'79- 27..19' N26'20'5rE
C79 2685.00' 89.09' 1'54'04- 89.08' N55'2J'45OW
C20 2685.00' 770.20' J'37' 0 170. 1 7' N52' 7'45OW
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S83V8'18"W 140.71'
TRACT 'A'
unuTY IRIGHT -OF - WA Y
- _ ~83'O8'78"~ _ _ 8l
742.84' SEE SH. 4 OF 4
TRACT '8'
OPEN SPACE/RECREA nON
SEE SH. 4 OF 4
N83'08'54-E 161.9J'
724.59'
LOT 28
NO TE::
FOR TRACT DESIGNAnON SEE SHEET 4 OF 4
o
I
30
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60 120
I I
SCALE: ,0 = 60'
PAGE
UNE
L58
L59
L60
L61
L62
L63
L64
L65
l,66
L67
L68
L69
L70
L77
L72
L73
L74
L75
L76
Ll7
LINE TABLE
LENGTH
19.9 '
19.96'
79.94'
19.95'
19.15'
78.89'
23.57'
23.83'
18.90'
24.02'
58'
12.70'
J4.00'
2..14'
25.59'
71.52'
15.00'
75.00'
75.0 '
15.00'
BEARING
N 0'1 '24-
N22'53'380
N203'24 '02 "E
N26'02'17"E
S6S'16'4S-E
S69'59'460E
N21'34'o360E
N27'34'.16-E
S66'53 '38-E
S67'40'320E
N24'43'750E
N24'OO'06"c
N69'17'7 rw
S89'o35'08"
N13'2" rE
N83'08'1SoE
S06'51'42-E
S06'51'420E
S06'51'420E
S06'51'420E
LEGEND
.
unuTY
EASEMENT
POINT OF TANGENCY
POINT OF CURVA TURE
RADIUS
DEL TA ANGLE
ARC LENGTH
CHORD LENGTH
CHORD BEARING
POINT ON CURVE
PAGE
PLA T BOOK
OFFICIAL RECORDS BOOK
FLORIDA DEPARTMENT OF 7RANSPORTA nON
NUMBER
STATE ROAD
NOT RADiAL
RADIAL
CENTERUNE
RIGHT OF WAY
PERMANENT REFERENCE: MONUMENT
LICENSE BUS/NESS
LAND SURVf:YOR
DENOTES PERMANENT REFERENCE MONUMENT (SET 4- X
40 CONCRETE: MONUMENT STAMPED oLB 6393 PRMO)
DENOTES PERMANENT REFERENCE MONUMENT (ro 4" x
4" CONCRETE: UONUMENT STAMPED -LB 6.193 PRMO)
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EI
HERITAGE PARK TOWNHOMES
A REPLA T OF PARCEL 1, WAGNER'S CURVE REPLA T
PLA T BOOK 631 PAGES 13 AND 14
LOCA TED IN SECTION 36, TOWNSHIP 20 SOUTH, RANGE 30 EAST,
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA.
RADIUS
DELTA ANGLE
ARC LENGTH
CHORD LENGTH
CHORD BEARING
POINT ON CURVE
PAGE
PLA T BOOK
OFFICIAL RECORDS BOOK
FLORIDA DEPARTMENT OF TRANSPORTA nON
NUMBER
STA TE ROAD
NOT RADIAL
CENTERLINE
RIGHT OF WA Y
PERMANENT REFERENCE MONUMENT
LICENSE BUSINESS
LAND SURVEYOR
DENOTES PERMANENT REFERENCE MONUMENT (SET 4- X
4- CONCRETE MONUMENT STAMPED -LB 6393 PRM-)
DENOTES PERMANENT REFERENCE MONUMENT (FD 4- X
4- CONCRETE MONUMENT STAMPED -LB 6393 PRM-)
----
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LEGEND
.
INC.
I AMERICAN SURVEYING & MAPPING I
320 EAST SOUTH STREET, SUITE 180 0 ORLANDO, flORIDA 32801
(407) 426-7979
SHEET 4 OF 4
PLAT
BOOK
PAGE
----- -
- -----
~
--
--
-
-----
~
-
-
~
-
-
-
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--- R - 2685.00'
--., .... / .4 - 22'45'19-
~ L - 1066.36'
/// 1'Y"'-.. '.2~ CB-NU'54'SO"W ~ " ......
~ C-1 059. Jr '"'f S
: 52 ~ 5.556 g/.<<~ -S:-"? ~/ Q..L
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~: #J :\."\'\'\'\.,'\.'\.'\\ ~~~ PI 68 69 ~/.;t!i/. ~S?(i' .....
~ I 47 121 Y1 DYj~ Ij' r- ~~ ~~ 70 71 J72 ~~ . /)-1 r~/) ~
~ i 46 122 1... $! " /'/:2 7J ~? <> ............
." '23 I ' " ~ ~-::? ~ ~ 74 75 ~.7>0.. 40 ' .
.Fl." ~~ '~Il?J ~n .........................
~ i ~I ~ II ~ II II ~~ v:';:~~,dff~~~~ ~~~80B7m'28J8~~ ..........., ..........."
;:: ~ ., .. ~~ - 0/ '~v. '//7>0../ ~ Qi "'~ 8. 'V ~7'0. ............
.~ ,~ " ~.....Jl-"/ #~ '.>0... I; 8' 1, B6 /"X/'-~^-. ""-
%;r\''\\\''\~"\\ ~~.'" '~4)c Y/'./il'l/////'; ~~ P. ... ~~e 9 ~( r.~~ 87 8889 ~ ".
~ ~ ~ ~ ~'l//~..-'l: /~ q 4' ~ -? ~ 90) ~ "" ~'o'\
~ ~ ' ~ ~ '// // ///A "'</./~ q ~ 1~ <v ,
~ 40 J. 38 J71t.ilJ6 J5 J4 JJ J> J1 ~:%~ '~:Z~W ~ 4' &> ~ r-,'f.~ /~. "
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~ l(\: v'<...: Y'v'\A '\x X ~ ~ JQ ~~///// ~ 1 ~ ~ ~~ ~CV 4 _ n7'i~:'''''' ""
"J ~ ~)(\( "'A x v~ 29 //>.... .,~ ""'.......-^. /'/1\~ "' ,,, L _ J36.92 "
roo x v 'YV< 28:-" ,0/ 7.37 ~ 5" !.'v f//./>.... ~\.v N060S142 W C8-N'9~'29.W" "
~ ) '^cs ?9<, 27" 138 ~~\, ~ :Jot r/'. .;.~/".z" ~~. 50.00' c........ ,
'" )(< ~ )( Y<.X: -<'~ 26" 139 ,.. L\, \...... ~ ' ';;: '/ '//// / / ,~\, WA GNER'S CUR VE REPLA T ,
W ~ ><'" ,)l~)(\/l2y" '/ /. 147 144 ~\." :8 :8 In 18 ~ \I A_ PARCEL 2...<v "-
~''')?\.. v.>< ^ x ~XA v XY.: ///v'//l\ ~ ~ >t\.\................ %,1 ;'r5'. NOT INCLUDED \~. ~R'" 2685.00' "
>CY\X ~E )wi "'^ K)("Y\.X x ~ 742 7.f.J 0-...'\.\ ~ \ ~ ,1 :..> ~J-: o";)~ ~ /' ~ _ 5'31'59-
)()X~ ,X'~ ~ 22J4 "~~"'-,."- ,'lo. ~)..\.\.\.' .\.\\."\- 0. ~~ ~~~~"\ ,,-'5 ~, ~ L _ 259.29' ,
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_~~ y _ ~ J9?'I _ _ ~ ~.p//~ -583~~~/:.;-~////////7/;:4~~~"\''\'\''''~ _ '////////////////-0~~~ffff~ P: ~
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"
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LOT 27
LOT 26
TRACT
BLOCK 0, O,R. MITCHELL 'S SURVEY OF THE
LEVY GRANT ON LAKE JESSUP
PLA T BOOK 1, PAGE 5
DESIGNA TlON
'A'
'B'
'c'
'D'
'E'
'F'
'G'
'H'
TRACT 'I'
TRACT 'J'
TRACT 'I('
TRACT 'L'
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TRACT
TRACT
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TRACT
TRACT
TRACT
TRACT
UTILITY AND RIGHT-OF-WAY
OPEN SPACE AND RECREA TION
RETEN TlON POND
LIFT STA TlON
OPEN SPACE AND RECREA TlON
OPEN SPACE
OPEN SPACE
OPEN SPACE
OPEN SPACE
OPEN SPACE
OPEN SPACE
OPEN SPACE
NOTICE
THIS PLA T, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPlcnON OF
THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE
SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE
PLA T. THERE MA Y BE ADDlnONAL RESTRlcnONS THA T ARE NOT RECORDED ON THIS
PLA T THA T MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
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HERITAGE PARK TOWNHOMES
A REPLA T OF PARCEL 1, WAGNER'S CURVE REPLA T
PLA T BOOK 63, PAGES 13 AND 14
LOCA TED IN SEcnON 36, TOWNSHIP 20 SOUTH, RANGE 30 EAST,
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA
SHEET 1 OF 4
DESCRIPTION
ALL Or PARCEL 1 Or WAGNER'S CURVE REPLA T AS RECORDED IN PLA T BOOK 63, PAGES 13
AND 14 OF THE PUBLIC RECORDS OF SeMINOLe COUNTY, FLORID). BeiNG MORe PARnCULARL Y
DESCRIBED AS FOLLOWS:
BeGIN A T THe SOUTHWE'ST CORNeR OF PARca 1 OF SAID PLA T OF WAGNeR'S CURVE RePLA T;
THENCE RUN NORTH 0613'08" WE'ST ALONG THE WEST BOUNDARY LINE OF SAID PARCEL 1 A
DISTANCe OF 775.96 FEeT TO A POINT ON THe SOUTHeRLY RIGHT-OF-WAY LINe OF STATE
ROAD 434, AND ALSO A POINT ON A CURVE: CONCA VE: SOUTHWCSTERL Y HA VfNG A RADIUS OF
2685.00 FEET, CeNTRAL ANGLE OF 22'45'19", A CHORD BEARING AND DISTANCE OF SOUTH
74'54'50" eAST-1059.37 FEeT; THeNCE RUN SOUTHEASTERL Y ALONG THe ARC OF SAID CURVE:
A DISTANCE OF 1066.36 FEeT; SAID POINT BEING THE MOST NORTHERL)' POINT OF PARCEL 2,
WAGNeR'S CURVE: REPLA T AS RECORDeD IN PLA T BOOK 63, PAGES 13 AND 14; THeNCe RUN
THE FOLLOWING FIVE: (5) COURSES ALONG SAID BOUNDARY LINES OF PARCEL 2; SOUTH
25'24'17" WE'ST A DISTANCE OF 175.49 FEET; SOUTH 06'51'42" EAST A DISTANCE OF 50.00
FeeT; SOUTH 51'51'42" cAST A DISTANCe OF 171.92 FEET; NORTH 83'08'18" EAST A DISTANCe
OF 140.71 FeeT; NORTH 33'39'47" cAST A DISTANCe OF 154.84 FEET TO A POINT ON THE
SOUTHeRLY RIGHT-OF-WAY LINe OF STATE ROAD NUMBeR 434, SAID POINT ALSO BeiNG THe
NORTHeASTERL Y MOST CORNeR OF SAID PARCEL 2 AND A POINT ON A CURVE: CONCAVE:
SOUTHWE'STERL Y HAVING A RADIUS OF 2685.00 FeeT, A CeNTRAL ANGLE OF 05'31'59", A
CHORD BEARING AND DISTANCe Or SOUTH 53'34'47" EAST-259.19 FEET. THeNCe RUN ALONG
THE ARC OF SAID CURVE: A DISTANCe OF 259.29 FEeT; THeNCe DePARnNG SAID SOUTH
RIGHT-OF-WAY LINE RUN SOUTH 83'08'18" WEST A DISTANCE OF 1449.17 FEET TO THE POINT
OF BEGINNING.
CONTAINING 14.52 ACRES.
-..
--..............-....
--
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GENERAL NOTES
,. BeARINGS ARc ASSUMeD BASeD ON THE SOUTH PROPERTY LINe AS RECORDeD
IN PLA T BOOK 63, PAGeS 13 AND 14 OF THe PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA BEING SOUTH 83'08'18" WEST.
2. TRACT 'A' IS A unLlT'i( AND RIGHT-OF-WAY TRACT AND IS OWNeD AND MAINTAINED
BY THE HOMEOWNERS ASSOCIA nON,
THERf IS A UnLlTY EASEMENT OVER TRACT 'A' IN ITS ENTIRETY DeDlCA TED
TO THE CITY OF WINTER SPRINGS. THERE IS A DRAINAGE AND ACCeSS
EASEMENT OVER TRACT 'A' IN ITS ENnReTY OWNeD AND MAINTAINED
BY THe HOMEOWNERS ASSOCIA nON.
3. TRACTS 'B' AND 'E' ARE OPEN SPACE AND RECREA nON TRACTS AND ARE OWNED
AND !1fAINTAINED BY TfHE HOMEOWNERS ASSOCIA nON.
4, TRACT 'c' IS A RETENJ/ON POND TRACT AND IS OWNED AND MAINTAINeD
BY THE HOMEOWNERS ,ASSOCIA nON, WITH A UnLlTY EASEMENT OVE:R TRACT 'c'
DEDICA TED TO THe PU/BLlC UnLlTY PROVIDeRS.
5. TRACT 'D' IS A LIFT SiTA nON TRACT AND IS HEREBY DEDICA TED TO THE CITY
OF WIN TER SPRINGS.
6. TRACTS 'F', 'G', 'H', '1', 'J', 'K' AND 'L' ARE OPEN SPACE TRACTS AND ARc
OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOC/A nON.
7. TRACT 'F' IS AN OPeN SPACE TRACT WITH A DRAINAGe cASEMENT OVE:R ENnRe
TRACT 'r' OWNED AND MAINTAINeD BY THE HOMEOWNERS ASSOCIA nON.
8. ALL PLA TTED UnLlTY EASEMeNTS SHALL PROVfDE THA T SUCH EASEMENTS
SHALL ALSO BE EASEUENTS FOR THE CONS TRUC nON, INSTALLA nON,
MAINTENANCE AND OPERA nON OF CABLE TELEVISION SERVICES; PROVIDED,
HOWFVER, NO SUCH CONSTRucnON, INSTALLA nON, MAINTENANCE AND
OPERA nON OF CABLE TELEVISION SERVfCES SHALL INTERFERE WITH THE
FACILlnES AND SERVlCIES OF AN ELECTRIC, TELEPHONE, GAS OR OTHER
PUBLIC unLlTy, IN THE EVE:NT A TELEVISION COMPANY DAMAGES THE
FACILlnES OF A PUBLIC unLlTy, IT SHALL BE SOLEL Y RESPONSIBLE FOR
THE DAMAGES.
9. ANY fNCROACHMENTS INCLUDING BUT NOT LIMITED TO DECKS, CONCRETE PADS,
FENCING, BUILDING OVERHANGS OR ANY AMENITY LlMlnNG THE FULL AND
COMPLETE USE OF THE EASEMENT BY THE CITY IS EXPRESSL Y PROHIBITED.
INDEX MAP
~
CERTIFICA TE OF APPROVAL
BY MUNICIPALITY
THIS IS TO cERnFy, That on
ATTEST:
approved the foregoing plat.
MA YOR
CITY CLERK
CERTIFICATE OF SURVEYOR REPRESENTING CIT
I HEREBY cERnFy, that I have examined the foregoing plat
and find it to comply in form with all the requirements of Chapter
177, Florida Statutes
VICINITY MAP
NO T TO SCALE
By:
, ,
Prin te
Florida
NOTICE
THIS PLA T, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICnON OF
THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE
SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE
PLA T. THERE MA Y BE ADDlnONAL RESTRICnONS THA T ARE NOT RECORDED ON THIS
PLA T THA T MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
CLERK OF THE COURT
J AMERICAN SURVEYING & MAPPINGI
320 EAST SOUTH SlREET. SUIl[ 160 · ORLANDO, flORIDA 32801
(407) 426- 7979
CLERK of the COURT, in and for Seminole County, Florida
PLAT
BOOK PAGE
HERITAGE PARK TOWNHOMES
A REPLA T
DEQ1.CA71ON
This is to certify that the undersigned, Centex Homes, a Nevada
general partnership, by: CENTEX ReAL ESTA TE CORPORA nON, 0
Nevada corporation, Managing Generol Partner, (hereafter referred
to as "Owner") is the lawful Owner of the lands described in the
caption hereon, and it has caused the same to be surveyed, and
this plat, made in accordance with sold survey, Is hereby adopted
as the true and correct plat of said lands. No port of sold lands,
except Tract '0' (Lift Station) and a 10 foot utility easement along
SR. 434 as noted on the face of this plat, is dedicated to the
City of Winter Springs or to the public or for any public use or
benefit. All the streets and easements shown on this plat are
flot required for public use and such streets and easements are
not and will not be a part of the county system of public roads,
Utility easement over Tract 'A' shall be dedicated to the City of
Winter Springs. None of the property designated as "Common
Area" on this plat is required for public use; and such "Common
I.rea" is not and will not be a part of the County system of
public roads. Sold Common Areas are instead part of the
"Common Area" created by this plat and will be subject to the
Covenants, Conditions and Restrictions of Heritage Park Townhomes
(hereafter referred to as the "Declaration "). Said Common Area
shall remain private and the sole and exclusive property of Owner,
its successors and assigns.
Owner does hereby grant to the present and future owners of the
lots 1 through 158 (inclusive), and their guests, invitees, domestic
help, and to delivery, pick up, and fire protection services, police
and other authorities of law, United States Mail Carriers,
representatives of utilities providing services to the lands contained
'tt'ithin this plat, holders of mortgage liens and such other persons
as Owner, Its successors and assigns may from time to time
designate, the non-exclusive and perpetual right of ingress and
egress over and across the roads and sidewalks, as they may from
time to time be constructed on Tract 'A', of the Common Area.
Tracts 'A', 'B', 'C', 'E: 'F', 'G: 'H', '1', 'J', 'K' and 'L' sholl be
owned and maintained by the Homeowners Association.
Owner, in recording this plat, has created the "Common Area"
shown hereon, which area is part of the "Common Area" described
in the Declaration. Said "Common Area" is not dedicated for the
use and enjoyment of the general public, but its use is reserved
f(>,~ the common use and enjoyment of the property owners of the
Heritage Park Townhomes. The exact nome and extend of. and
the reservations and restrictions on, such common use and
enjoyment are mare fully set forth in this plat and in the
Declaration.
Notwithstanding the foregoing: an emergency access easement to
the private storm drainage system over Tracts 'A', 'B', 'E', 'F', 'G',
'H', 'I', 'J: 'K' and 'L' and over al/ drainage easements shown on
this plat are hereby dedicated to the City of Winter Springs for
emergency maintenance purposes in the event Inadequate
maintenance of the private storm drainage system creates a
hazard to the public health, safety and general welfare. The
emergency access easement granted above does not impose any
Q,b/igation. burdlfn, responsibility or liability upon the City of Winter
Springs to enter upon the subject property and take any action to
~epair or maintain the private drainage system. A non-exclusive
tlosement through, over, under and across Tracts 'A', 'B', 'E', 'F',
'f. 'H', 'r, 'J', 'K' and 'L' and 01/ utility easements shown on this
'.'/plat is hereby dedicated to the City of Winter Springs for use by
a/l public utilities for the purpose of constructing, maintaining, and
replacing their respective facl1ities servicing the lands encompassed
by this plat.
IN WITNESS WHEREOF, Centex Homes has caused there presents be
signed and attested t~ or witnessed by the officer named below
on the 'Z.Z.. day of _~~..- --.0 2003.
CENTEX HOMeS, a Nevada General Partnership
a Nevada
By: Centex Real Estate Corporation,
C~
Name: ?AT~'C.,,). l<.HI&'-tT
Managing General Partner
~TN~ ~LL
By:
Name: ~4<<~"-~
Title
~..
,///
~.
By: Nam~&K. ~~Y'
Title: ~HI '$vtU'I"~",r
MAwAt:.e'"
SJA TE OF FLORIDA
COUNTY OF SEMINOLE
the
CERTIFICA-fE-OF-SUR-VEYOR
I hereby certify that this plat is a true and correct
re{.resentation of the lands surveyed, that the survey was
prepared under my responsible direction and supervision, and the
survey data contained herein complies with 011 of the
requirements of Chapter 177 of the Florida Statutes. I further
certify that I have complied with the requirements of Chapter
177.091(7) regarding "permanent reference monuments," and that
the land is located in the . of Winter Springs, Florida.
Professional Surveyor an r No. 5011
tJ~.q3
Date
Sign a ture____
BRETT A. MOSCOVf
REGISTRA nON NUMBER OF LEGAL ENnTY:
AMERICAN SURVE:YING & MAPPING, INC.
320 EAST SOUTH STREET, SUITE 180,
ORLANDO FLORIDA 32801
LB 16393
R ,,'""....ED
1ii.-_'-~ia..:-:i;1. .;i'"
AUG 2 5 2~03
'f fJ;rt
CITY OF WlNl ER tWKINGS
Current Planning
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SHEET 2 OF 4
HERITAGE PARK TOWNHOMES
A REPLA T OF PARCEL 1, WAGNER'S CURVE REPLA T
PLA T BOOK 63, PAGES 13 AND 14
LOCA TED IN SECnON 36, TOWNSHIP 20 SOUTH, RANGE 30 EAST,
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA
CURVE TABLE
~
CURVF:
C1
C2
C3
C4
C5
C6
C7
C8
C9
e10
C11
C12
C13
C14
A6 ~"
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s~c ~y ~............
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iRACT -'G.:
OPEN SPACE --
SEE SH. 4 OF 4
SSJ'08'1S"W
;. 90. (U
:3 54
t\j I SB,ll)8'78"W 90.28'
~I 53
t\j S8J'OS'78"W 90. so'
~I 52
t\j S8Jl)8'78"W 9O.7J'
~ r 51 ~ ~
~ SSJ'OS'1S"W 90.97';;;
AC K ~
OPEN SPACE ~
H. 4 4
"t S1 .
:3 50
t\j I SBJ'OS,7B"W 97.4,l'
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~ S8,ll)8'7B"W 97.66' ~
~ I 48 ~
~ S8Jl)8'IB"W 91.88'
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PLAT
BOOK
PAGE
LINE TABLE
LEGEND
UNC LENGTH BCARING
L1 19.94' NO 7'4D'49"E
L2 19.9S' N10'19'04"E
LJ 19.9S' Alt. '~n'''Q''F'
L4 19.95' N1 3'27'4.J"E
L5 19.9S' N1 3'58'07"F'
L6 19.95' N1 'J6'22"E
L7 19.95' N17'06'4J;"F'
LS 19.96' N19 '45 '00 "E
L9 2J,49' N09'()()'oo"E
LtO 18.90' S79'2S'J8"E
L11 23.41' N12'OS'39"E
Lt2 23.56' N12'08'J9"f"
Lt.J 18.90' 576 '16 "9 "E
Lt4 24.02' 577'30'45"C
Lt5 23,4J' N1S'17'18"E
Lt6 23.6J' N1''17'18"E
Lt7 23.46' N1B'2S'S7"E
L18 23.7.J' N18'2S'S7"E:
Lt9 24.02' 574'13'IS"E
L20 24.02' S70 '5S'SO"E
L21 20. )D' N06~ 51'42"W
L22 24. )D' S83' OB'IS"W
L23 14.~ 6' N89':. 9'2S"W
L24 S.06' SB3'OB'24"W
L2S 1.93' SB.J'08"R"W
L26 22.BO' N20'12'10"W
L27 20.00' N06 '!51'42 "w
L2S 15.00' ND6'S1'42"W
L29 13.J6' SB3'08'IB"W
L30 9.6S' S44'49'SS"E
LJ1 4D.OO' S06'51'42"E
L32 2000' NS.3'08" R"F'
L33 19.81' SB3'OS'18"W
L34 20.00' N83'OS'IB"E
U5 31.61' S44'49'55"E
L36 25.19' S44'49'.'i5"F
L37 26.35' N62'.J9 'OS "E
LJS 11.08' S20'06'47"W
L39 4.g2' N45'10'OS"E
L40 7.66' S44'49'?S"F'
L41 2.82' N45'10'05"F
L42 5.07' SB3'08'1S"W
L43 20.44' N44'49'5S"W
L44 20.76' 5#'49'5.1)"F"
L45 15.77' S44'49'55"E
L46 15.77' S44'49'55"E
L47 6.43' S.u'49'55"E
L48 11.75' S06'S1'42"E
L49 2g. 77' S45'10'OS"W
LSO 17.47' S45'10'OS"W
L51 5.16' 545 '1 0 '05 "w
L52 10.00' NB.J'OS'IB"E
L53 30.00' S06'S1'42"E
L54 20. DO' NSJ'OB'IB"E
L55 15.00' N06'S1'42"W
L56 15.00' S06'S1'42"E
L57 200D' N8.3'OB'IB"E
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RETE:NnON POND
SEE SH. 4 OF 4
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TRACT 'F'
:ri OPEN SPACE
~ SEESH.fOF4
.
21
20
unLITY
ESMT.
J5.oo'
JJ1.76'
724.58
SB3VB'1B"W N.R.
f:ND 20' Ul1UTY ESIrI'T
(ORB.IJ46, PG.200J)
NOTICE
THIS PLA T. AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICnON OF
THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE
SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE
PLA T. THERE MA Y BE ADDJnONAL RESTRICnONS THA T ARE NOT RECORDED ON THIS
PLA T THA T MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
",
LOT 27
BLOCK 0, O.R. MITCHELL'S SURVEY OF THE
LEVY GRANT ON LAKE JESSUP
PLA T BOOK 7, PAGE 5
o
!
30
l
60. 120
q t
SCALE: 1"=60'
unL.
ESMT.
R
6.
L
"'Jt C
CH
~ POC
PG
PB
"l ORB
FOOT
...... No.
S.R.
~ N.R.
Cf.
~ R/W
PRM
LB
~ LS
FD
PI
PC
PT
PRC
PCC
.
I!J
.
U nLl TY
EASEMENT
RADIUS
DEL TA ANGLE
ARC LENGTH
CHORD LENGTH
CHORD BEARING
POINT ON CURVF:
PAGE
PLA T BOOK
OFFICIAL RECORDS BOOK
FLORIDA DEPARTMENT OF TRANSPORTA nON
NUMBER
STA TE: ROAD
NOT RADIAL
CENTE:RUNE
RIGHT OF WAY
PERMANENT REFERENCE MONUMENT
LICENSE BUSINESS
LAND SURVF:YOR
FOUND
POINT OF INTE:RSECnON
POINT OF CURVA 7URE
POINT OF TANGENCY
POINT OF REVF:RSC CUR VA 7URE
POINT OF COMPOUND CURVA7URE
DENOTE:S PERMANENT CONTROL POINT (SET NAIL
WITH DISC STAMPED LB 16393)
DENOTES PERMANENT REFERENCE MONUMENT (SET 4" X
4" CONCRETE: MONUMENT STAMPED LB 16393)
DENOTE:S PERMANCNT ~FE~NCE MONUMENT (Fa 4" X
4" CONCRETE MONUMENT STAMPED LB 16393)
NOTE::
FOR TRACT DESIGNA TlON SEE SHEET 4 OF 4
T
~ AMERICAN SURVEYING & MAPPINGI
320 EAST SOUTH STREET. SUllE 180 · ORlANDO. ftORlDA 32801
(407) 426-7979
UTIL. UTILITY
eSMT. eASEMeNT
R RADIUS
A DeLTA ANGLe
L ARC LENGTH
C a-tORD LeNGTH
CH CHORD BeARING
POC POINT ON CURVE:
PG PAGe
PB PLA T BOOK
ORB ornCIAL ReCORDS BOOK
FOOT FLORIDA DePARTMeNT OF TRANSPORTA TION
No. NUMBER
S.R. STA TE ROAD
N.R. NOT RADIAL
~ CENTERLINE
R/W RIGHT OF WA Y
PRM PERMANENT ReFERENCE MONUMENT
LB LICENSE BUSINeSS
LS LAND SURVE:YOR
FD FOUND
PI POINT OF INTERSECTION
PC POINT OF CUR VA TURE
PT POINT OF TANGENCY
PRC POINT OF ReVE:RSe CURVA TURe
PCC POINT OF COMPOUND CURVA TURE
~ DfNOTES PERMANENT CONTROL POINT (SET NAIL
WITH DISC STAMPED LB 16393)
8 DeNOTES PERMANENT ReFERENCE MONUMENT (SET of- X
of" CONCRETE MONUMENT STAMPED LB 16393)
DENOTES PERMANENT REFERENCE MONUMENT (FD of- X
of" CONCRETE MONUMENT STAMPED LB I6J9J)
SHEET 3 OF 4
PLAT
BOOK
HERITAGE PARK TOWNHOMES
A REPLA T OF PARCEL " WAGNER'S CURVE REPLA T
PLA T BOOK 63, PAGES 13 AND 14
LOCA TED IN SECnON 36, TOWNSHIP 20 SOUTH, RANGE 30 EAST,
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA
CURVE: RADIUS
Clof 2568.00
C15 2685.00'
C16 25.00
C17 75.00
C18 25.00'
CI9 2685.00
C20 2685.00'
C21 2685.00'
C22 2685.00
C23 2685.00
C20f 2685.00'
C25 37.00'
C26 63.00'
C27 80.00'
C28 80.00'
C29 2685.00'
C30 101.00'
C31 30.00'
C32 2J.OO'
CJJ IJ.OO'
CJof IJ.OO'
C35 IJ.OO'
~
LINE
L58
LS9
L60
L61
L62
L6J
L60f
L65
L66
L67
L68
L69
L70
L71
L72
L7J
L70f
L75
L76
L77
L78
L79
......
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TRACT 'E'
OPeN SPACe/RECReA TION
lJ
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~
WAGNER'S CURVE REPLA T
PLA T BOOK 63, PAGES 13 AND 14
PARCEL 2
NOT INCLUDED
.......
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TRACT 'A'
~ UTILlTY!RIGHT-OF-WAY
it @ii) J8J'08'18".! _ _ 142.84' _
~ li: ~ SEE SH. 4 OF of qv8
---J:::""' -co- - - - --
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-L-________
NB3'08'54-E
161.93'
"
"
....
724.59'
"
"
I,
S8J"OB'18"W NR.
1449,17"
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LOT 26
BLOCK D, D.R, MITCHELL'S SURVEY OF
LEVY GRANT ON LAKE JESSUP
PLA T BOOK 1, PAGE 5
THE
I,
..J
;
LOT 27
, )
"
,u
,',
"
NOTE:
FOR TRACT DES/GNA nON SEE SHEET 4 OF 4
,,'
"
"
o
I
10'
(',
.,
,.
NOTICE
THIS PLA T, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICnON OF
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HERITAGE PARK TOWNHOMES
A REPLA T OF PARCEL 1, WAGNER'S CURVE REPLA T
PLA T BOOK 63, PAGES 13 AND 14
LOCA TED IN SECTION 36, TOWNSHIP 20 SOUTH, RANGE 30 EAST,
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA
UnLlTY
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RADIUS
DELTA ANGLE
ARC LENGTH
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POINT ON CURVE
PAGE
PLA T BOOK
OFFICIAL RECORDS BOOK
FLORIDA DEPARTMENT OF TRANSPORTA nON
NUMBER
STA TE ROAD
NOT RADIAL
CENTERLINE
RIGHT OF WAY
PERMANENT REFERENCE MONUMENT
LICENSE BUSINESS
LAND SURVEYOR
FOUND
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DENOTES PERMANENT REFERENCE MONUMENT (SET 4- X
4- CONCRETE MONUMENT STAMPED LB #6393)
DENOTES PERMANENT REFERENCE MONUMENT (FO 4- X
4- CONCRETE MONUMENT STAMPED LB 16393)
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BLOCK D, D.R, MITCHELL'S SURVEY OF
LEVY GRANT ON LAKE JESSUP
PLA T BOOK " PAGE 5
THE
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UTILITY AND RIGHT-OF-WAY
OPEN SPACE AND RECREA TlON
RETENTION POND
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OPEN SPACE AND RECREA TlON
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NOTICE
THIS PLA T, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPlcnON OF
THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE
SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE
PLA T. THERE MA Y BE ADDmONAL RESTRlcnONS THA T ARE NOT RECORDED ON THIS
PLA T THA T MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUN TY.