HomeMy WebLinkAbout2004 05 10 Regular 500
CITY COMMISSION
AGENDA
ITEM 500
Consent
Information
Public Hearin
Re ular
xx
May 10, 2004
Meeting
MGR. f&../ /Dept. //r
REQUEST: The Community Development Department requests the City Commission approve
of the final subdivision/engineering plans for the proposed Barclay Woods
Townhouse Subdivision and its associated development agreement and deed
restrictions, subject to conditions.
PURPOSE: The purpose of this agenda item is to approve the proposed final
subdivision/engineering plans and associated development agreement and deed
restrictions for the 88 townhouse units on 7.45 acres along the north side of SR
434, west of Barrington Estates and Don King Concrete, subject to conditions.
APPLICABLE CITY CODES
Section 9-71. When final development plan is to be filed; extension.
Section 9-72. Processing of final plans.
Section 9-73. Form and contents of final development plans.
Section 9-74. Action on final development plan; expiration of approval.
Section 20-234 Conditional uses.
Section 20-317. Application for construction.
Division 2. General Design Standards for New Development Area (sections
20-463 thru 20-475)
\
May 10 2004
Regular Item 500
Page 2
CHRONOLOGY:
On December 8, 2003 - City Commission granted a conditional use for multi-
family development at this site, pursuant to Section 20-234 of the City Code.
December 9, 2003 - City received final subdivision plan application package.
April 6, 2004 - Applicant and staff address outstanding development agreement
and homeowner restrictive covenants issues.
April 7,2004 - Planning and Zoning Board recommends approval, subject to
accommodating adequate parking.
April 30, 2004 - Applicant submits final engineering/subdivision plans, to address
engineering comments & P&Z concerns
May 4, 2004 - Applicant submits amended development agreement and
homeowner restrictive covenants.
CONSIDERATIONS:
The wooded site with existing structures and artesian wells is located within the City on the north
side of SR 434, immediately adjacent to Barrington Estates and Don King Concrete. It has a
Commercial Future Land Use (FLU) designation and is within the C-l Neighborhood
Commercial zoning district. It is also within the SR 434 New Development Overlay Zoning
District. The site is served by a private circular roadway (with alternate emergency vehicle
access thru the adjacent Don King Concrete site) as well as central water and sewer.
The site contains wetlands and approximately 26 specimen trees (24" diameter or larger,
measured at 12" above grade), 11 of which are proposed to be retained. The 15 specimen trees
proposed for removal add up to a total of 497 inches in diameter, averaging about 33 inches.
Tree credits derived from existing vegetation to be retained and from proposed landscaping offset
the tree removal fees. The wetland in the northwest comer of the site is proposed to remain and
a 25 foot upland buffer is proposed. Conservation Element Policy 1.4.4 requires a conservation
easement over the wetland and the associated upland buffer be conveyed to the City (although the
land will be owned by the developer and passed on to the homeowners' association).
A traffic study was provided with the subdivision plan. The City's consultant has reviewed the
study and has determined that there are no traffic issues with this site. No additional on-site and
no off-site traffic improvements were deemed necessary by either traffic consultant. Access to
SR 434 is controlled by the Florida Department of Transportation (FDOT).
May lO 2004
Regular Item 500
Page 3
This is proposed as a private gated townhouse community with one way in and one way out,
although a 20 foot wide stabilized emergency access easement is provided at the southeast
portion of the site - to the southwest corner of the Don King Concrete site. An easement must be
obtained from Don King Concrete (prior to platting the subdivision) to ensure the access remains
useable and unobstructed. Otherwise, the plans must be modified to provide stabilized
emergency access to SR 434 in that southeast comer. The 20 foot wide easement must be
adequately stabilized during construction, to ensure that emergency vehicles do not mire down in
sand or mud.
A 5 foot wide sidewalk is proposed along SR 434. Sheet 10 must be revised to include an
associated handicap-accessible crosswalk across the entrance roadway. The development
agreement and the plans depict a 4 foot wide sidewalk along both sides of the interior roadways,
in contrast to 5 feet wide as required by Section 20-468 (12).
The developer contacted Seminole County about any possible need for trail easement. Staff
received notification from Seminole County staff that no trail property or easement was required
or needed from this site.
The developer proposes the attached development agreement (pursuant to Section 20-474 of the
City Code) to address a number of issues that might be in conflict with the code, including, but
not limited to, buffer walls, signage, right-of-way widths, street construction standards, internal
sidewalk width, maintenance berm width (berm around storm-water pond), timing of the street
light plan, building setbacks, and on-street parking.
The development agreement proposes to construct a 6' masonry wall on the east side of the site
(the applicant requests the option of providing either a masonry wall or a fence on the west side).
The portion of Barrington Estates that abuts this site already has a masonry wall and therefore
does not need a buffer wall. The property to the east is zoned commercial and technically does
not require a wall, since both sites have commercial zoning, but since this site will be developed
as residential, staff requested a wall, so that the future Barclay residents would be buffered from
any future non-residential redevelopment of the Don King Concrete site. The site to the west, in
unincorporated Seminole County, is reported to have numerous junked automobiles and other
items that the applicant wishes to buffer his future residents.
Subsection 9-277 (3) of the Code requires only one parking space for each two-family or multi-
family development unit. The residential driveways are as short as 16 feet from the garage door
to the edge of the sidewalk (21 feet to the roadway surface), meaning that any lengthy automobile
would block the sidewalk, if parked in the driveway for each unit. For illustration and
comparison, the City's Ford Ranger pickup trucks (relatively small trucks) measure 16 feet long
and an extended cab Ford F150 (full-size pickup) measures just beyond 18 feet.
The Police Department has noted that on-street parking is a problem in other areas of the City
and asked that it be addressed in the deed restrictions (language has been added to the
homeowner restrictive covenants). Clearly and unequivocally, the sidewalk must remain
May lO 2004
Regular Item 500
Page 4
unobstructed for pedestrians and handicap access and the roadway must have enough clear width
to accommodate emergency access vehicles (e.g. police, fire, ambulance). The revised plan
depicts 6 gravel parking spaces (2 groups of 3 spaces each), one at each end of the subdivision.
The plan depicts a 10 foot wide strip ofland extending across the SR 434 side of the site for
approximately 335 feet. The attached April 1, 2004, letter from the applicant's attorney, Patrick
Rinka, states that this strip ofland is in common ownership with the rest of the site. Clear proof
of ownership (e.g. title certificate, title opinion, or other similar documentation acceptable to the
City Attorney) should be provided before any site work may commence.
Staff has concern that the location of the under-drain system behind Building 8 (within the 7 feet
between the back of the slab and the property line - the foundation to the 6 foot tall masonry wall
will also extend into this area) violates the "angle of repose" as regulated by Section 1803.1.3 of
the Florida Building Code. Since the applicant proposes "hard roof' porches over these patios,
any excavation of the system in such close proximity to the foundation of the porches could
cause problems. This should be adequately addressed before any building permits are issued for
these buildings.
The landscape plan needs to be amended to depict the sidewalk adjacent to the curb. This only
affects the plantings at the pedestrian cross-walks on the internal loop roadway. The existing
landscape plan depicts plantings between the sidewalk and curb, whereas the plantings need to be
moved back, as depicted on an 8 ~ "x 11" sample sheet in the packet. Otherwise, with the
sidewalk and these plantings relocated, the landscape plan will remain the same.
FINDINGS:
1. The subdivision will connect to City potable water and sanitary sewer.
The City has adequate capacity for both.
2. The site includes existing structures, artesian wells, specimen trees, and
wetlands.
3. The 7.45 acre site is within the C-l Neighborhood Commercial zoning
district, has a Commercial Future Land Use (FLU) designation, and is
within the SR 434 New Development Overlay Zoning District.
4. The development is proposed with a private roadway system that is not
designed to City standards and therefore may not be incorporated into the
City roadway system for ownership and/or maintenance.
5. Wetland delineation and mitigation were addressed with the St. Johns
River Water Management District by the applicant.
6. A traffic study and subsequent review by the City's consultant determined
no out-standing traffic issues - no additional on-site or off-site vehicular
traffic improvements will be required by the City.
7. The subdivision plan and/or development agreement have minor issues
that must be addressed and/or reconciled before construction may
commence. These include, but are not limited to, the following:
May lO 2004
Regular Item 500
Page 5
a. Reconciling potential angle of repose issues associated with
Section 1803.1.3 of the Florida Building Code;
b. Reconciling the landscape plan with the sidewalk location
adjacent to the curb of the internal loop roadway;
c. Demonstrating common ownership of the 10 foot wide strip of
property, in the front of the site, parallel to the SR 434 ROW;
and
d. Providing a striped pedestrian crosswalk for the sidewalk along
SR 434, across the entrance roadway to the subdivision.
RECOMMENDATION:
Staff recommends the City Commission approve the final subdivision/engineering
plan (including removal of 15 specimen trees), development agreement, and
homeowner restrictive covenants for Barclay Woods, subject to the applicant
adequately addressing the following to staff satisfaction:
a. obtain an emergency access easement through the Don King Concrete
site (or amend plans to allow emergency access to and from SR 434
through SE corner of the site - before platting);
b. provide pedestrian striping where the sidewalk along SR 434 extends
across the entrance road (before City accepts the subdivision
improvements );
c. resolve the potential conflict with the under-drain behind building 8
before building pern1its issued for that building or the adjacent 6 foot
masonry wall (before issuing a building permit for either Building No
8 or the wall);
d. adequately documenting common ownership of the 10 foot wide strip
ofland in the front of the site, parallel to the SR 434 ROW;
e. amending the landscape plan to correctly depict the sidewalk location
and plantings at the pedestrian crosswalks on the internal loop
roadway; and
f. amending the development agreement or homeowner restrictive
covenants (or both) as the City Attorney may deem necessary.
Under no circumstances, should the sidewalk be blocked from pedestrian or
handicap access or the roadway blocked fTom effective access by emergency
vehicles.
ATTACHMENTS:
A. April 1, 2004 letter from Patrick Rinka
May 10 2004
Regular Item 500
Page 6
B. Development agreement
C. Homeowner restrictive covenants
D Final subdivision plans
P & Z ACTION:
IV
-1'~1
ATTACHMENT A
~:'" APR - 1 2004
~~. lTY OF WINTER SPRINGS
L _, Curronl "'"nhlf\!1
PATRICK K. RINKA
DIRECT DIAL:407-418-6273
NORTH Eo LA DRIVE OFFICE
POST OFFICE Box 2809
ORLANDO, FLORIDA 32802-2809
patrick.rinka@lowndes-law.com
Lowndes
Drosdick
Dosterf ~'
Kantorl)L
Reed, EA..
BU. . lOO.
CELE8HATINQ
85
YEf\ASQF
!=XCELlENC.S
A T TOR N E Y S
A T LAW
............-
TIT MERITAS LAW FIRMS WORLDWIDE
April 1 ,2004
VIA HAND DELIVERY
John C. Baker, AICP
Planning Coordinator
City of Winter Springs
1126 East SR 434
Winter Springs, FL 32708-2799
Re: Barclay Woods Subdivision
Dear John:
Pursuant to your request, please find enclosed ten (10) copies of each of the following revised
documents:
1. Barclay Woods Developer's Agreement.
2. . Declaration of Covenants, Conditions, Easements and Restrictions for Barclay Woods _
Townhomes.
The foregoing documents were revised to incorporate the comments from the City's March 30,
2004 DRC meeting with the developer. For your convenience, I have enclosed a black-lined version of
the Developer's Agreement that shows the changes that were made. Please note that your issues are also
addressed in the Declaration as follows: (i) patio/screenedenclosure issue - see Article X, Section 7; (ii)
street parking issue ~ see Article X, Section 36; and (iii) RV, boat and trailer parking issue - see Article
X, Section 20.
It is my understanding that a question has been raised regarding the ownership of a strip of
property shown on the survey adjacent to the SR 434 right-of-way. Please be advised that I have
confim1ed with First American Title Insurance Company that such strip is under common ownership
with the balance of the parcel. The owner's title insurance policy to be issued to Barclay Woods will
insure that title to such strip is vested in Barclay Woods, and the survey and plans will be modified
accordingly.
215 NORTH EOLA DRIVE
ORLANDO, FLORIDA 32801-2028
TEL: 407-843-4600. FAX:407-843-4444 . www,lowndes-law.com
450 SOUTH ORANGE AVENUE, SUITE 800
ORLANDO, FLORIDA 32801-3344
John'C. Baker, AICP
April 1, 2004
Page 2
Thank you for your assistance in this matter. Please call me if you have any questions or require
additional information.
PKRltrb
Encl
c: Thomas 1. Corkery (via facsimile)
Alan V. Ytterberg, Esquire (via facsimile)
0909516\103441 \735023\1
Very truly yours,
P~R./~
Patrick K. Rinka
ATTACHMENT B
Development Agreement
.'
ATTACHMENT C
Homeowner Restrictive Covenants
ATTACHMENT D
Final Subdivision Plan
(please see attached)
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Patrick K. Rinka, Esquire
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 North Eola Drive
Post Office Box 2809
Orlando, FL 32802-2809
(407) 843-4600
REc~~VEto
MAY - 4 2004
\ .$"'! 3() pr'Vl
CITY OF WINTER SPRINGS .
L Current Plannmg ...J
FOR RECORDING DEPARTMENT USE ONLY
DEVELOPER'S AGREEMENT
THIS DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this
day of , 2004, by and between the CITY OF WINTER SPRINGS, a
Florida municipal corporation (the "City"), whose address is 1126 East S.R. 434, Winter'Springs,
Florida 32708, and BARCLAY WOODS~ LLC, a Florida limited liability company ("Barclay
Woods"), whose address is 1085 West Morse Boulevard, Suite A, Winter Park, Florida 32789.
WIT N E SSE T H:
WHEREAS, Barclay Woods is the fee simple owner of (or has the contractual right to
purchase) certain real property located within the City in Seminole County, Florida and more
particularly described in Exhibit" A " attached hereto and incorporated herein by this reference
(the "Property"); and
WHEREAS, Barclay Woods intends to develop the Property as a single-family
residential (townhouse) community at a density of approximately ten (10) units per acre (the
"Project"); and
WHEREAS, pursuant to the approval of the City Commission on , 2004,
Barclay Woods desires to facilitate the orderly development of the Project on the Property as
depicted in those certain Final Engineering Plans for Barclay Woods Townhomes - City of
Winter Springs, Florida prepared by Pecht-Evans Engineering, Inc. under Job No. 14201, dated
December 2003 and submitted to the City on April 30, 2004 (the "Engineering Plans") in
compliance with the laws and regulations of the City; and
WHEREAS, the City Commission has recommended entering into this Agreement with
Barclay Woods for the development of the Project; and
0909516\103441\711854\8
WHEREAS, in addition to Barclay Woods' compliance with the City Land Development
Code (the "Code"), permitting and construction not in conflict herewith, the City and Barclay
Woods desire to set forth the following special terms and conditions with respect to the
development and operation of the Project.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
I. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2. Authoritv. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3. Oblieations and Commitments. In consideration of the City and Barclay Woods
entering into this Agreement, the City and Barclay Woods hereby agree as follows:
(a) Formation of Homeowners' Association. Barclay Woods hereby
acknowledges and agrees that it intends to form a mandatory homeowners' association
(the "Homeowners' Association") for purposes of (i) maintaining any and all common
areas, landscaping, walls, fences and stormwater drainage facilities associated with the
Project, and (ii) satisfying the requirements for gated community status as hereinafter set
forth. A separate Declaration of Covenants, Conditions and Restrictions (the
"Declaration") will be executed and recorded among the Public Records of Seminole
County, Florida to evidence the formation of the Homeowners' Association and establish
its rights, duties and obligations.
(b) Buffer Walls and Fences. Notwithstanding the requirements of Section
20-417 of the Code, Barclay Woods shall install (i) a six (6) foot tall masonry wall along
the eastern boundary line of the Property, and (ii) a six (6) foot tall aluminum fence along
the western boundary of the Property. The foregoing wall and fence shall each be erected
as soon as reasonably practical and prior to any permanent vertical construction for the
Project. The City hereby acknowledges that a masonry wall already exists along the
northern boundary line of the Property, therefore no additional wall or buffer shall be
required in such location, notwithstanding the requirements of Section 20-417 of the
Code to the contrary.
(c) Signage. The City hereby acknowledges and agrees that Barclay Woods
shall have the right, upon the full execution of this Agreement, to erect construction
signs, marketing signs and temporary signs (including up to four (4) "banner" signs) as
described in Sections 20-470(10), 20-470(11) and 20-470(16) of the Code, in locations
reasonably acceptable to the City, which signs shall be permitted to remain for a period of
nine (9) months from the date hereof. Barclay Woods shall thereafter have the right to
erect permanent Project identification signage at the main entrance to the Project, which
shall consist of lettering attached to the two entrance walls spelling "Barclay Woods"
(total signage dimensions to be approximately 1 foot high and 11 feet wide). Any
construction signs or marketing signs erected on the Project shall not exceed sixty-four
0909516\103441\711854\8
Developer's Agreement
- 2 -
(64) square feet in size. The City hereby acknowledges and agrees that the Project shall
not be subject to the fourteen (14) day limitation on the erection of temporary "banner"
signs as provided in Section 20-470(16) of the Code. Barclay Woods and its successors
and assigns shall maintain all of the signs erected pursuant to this Section 3( c) in a good
condition and state of repair.
(d) Reimbursement for Water Line/Force Main. Barclay Woods, or its
successors or assigns, shall be obligated to reimburse the City for a portion of the
construction costs previously incurred in connection with the installation of the existing
water line and force main that will serve the Project (the "Utility Costs"). Barclay Woods'
pro rata share of the Utility Costs shall be calculated on the basis of the number of
residential units approved for the Project and shall be paid to the City prior to the
issuance of a construction permit for the Project site work.
( e) Gated Community. The City hereby agrees that in the event that Barclay
Woods provides reasonable evidence that the Homeowners' Association has been duly
formed and incorporated under the laws of the State of Florida as a mandatory
homeowners' association with the authority to levy and collect regular and special
assessments for the operation, maintenance and repair of any and all gates, streets and
stormwater drainage systems located within the Project (hereinafter referred to as the
"Private Roadway Improvements") and otherwise complies with the requirements of
Section 9-157 of the Code, the City shall grant gated community status for the Project.
Barclay Woods acknowledges that the internal Project roadways comprising the Private
Roadway Improvements are designed as twenty-two (22) foot wide inverted crown
sections and do not meet City design standards as set forth in Sections 9-147 and 9-296 of
the Code, therefore such roadways shall not become part of the City roadway system (and
must remain private) in the future. The Homeowners' Association shall have the
obligation, at its sole cost and expense, to maintain, repair and replace (as necessary) the
Private Roadway Improvements as described above, which obligation shall run with title
to the residential lots within the Project as evidenced in the Declaration. The Declaration
shall also establish such access and utility easement rights in favor of the Homeowners'
Association and residents of the Project as may be necessary for the orderly use and
development of the Project. City and other governmental emergency, code enforcement,
public and utility service personnel and vehicles shall be allowed access into the Project
in accordance with Section 9-l57(b) of the Code. In addition, Barclay Woods shall
construct a stabilized twenty (20) foot emergency access road, which road shall be
constructed with recycled concrete fines and a top layer of woodchips and shall also
include a vegetative barrier.
(f) Building Setbacks. The City hereby acknowledges and agrees that since
all streets and roadways within the Project will be private, the fifteen (15) foot building
setbacks normally required from publicly-dedicated rights-of-way (pursuant to Section
20-482 of the Code) shall not be required. Nevertheless, individual buildings within the
Project (including patios and privacy walls) shall be constructed no closer than twenty
(20) feet from the back of the curb of the private streets and roadways as set forth in the
Engineering Plans, and no part of any residential building (including patios and privacy
09095] 6\1 03441 \711854\8
Developer's Agreement
- 3 -
walls) shall be constructed in common areas. In addition, the City hereby agrees that the
rear setback requirement shall be reduced from ten (10) feet to seven (7) feet.
(g) Sidewalks. The City hereby agrees that all internal sidewalks within the
Project shall only be required to be four (4) feet in width in accordance with Section 9-
221 of the Code. In addition, the Declaration shall establish easement rights in favor of
the Homeowners' Association to permit sidewalks to extend into individual townhouse
lots as depicted in the Engineering Plans.
(h) Model Units/Sales Office. Upon the completion of the first building on
the Property pursuant to the Engineering Plans (the "Model Building"), Barclay Woods
shall have the right to utilize four (4) units within such building as "model" units for sales
and marketing efforts. In addition, Barclay Woods shall have the right to utilize one
garage in the Model Building as a temporary sales office. The Model Building shall meet
all applicable handicap accessibility requirements prior to being opened for business.
(i) Construction Trailer. During the period from the date hereof through and
until the completion of the construction of the Project, Barclay Woods shall have the right
to maintain one (1) trailer on the Property for use by its contractors and construction
workers.
(j) Trash/Refuse Service. The City hereby agrees that trash and refuse pickup
will be provided for each individual residential unit, therefore no Project dumpsters will
be located on the Property as otherwise required pursuant to Section 9-280 of the Code.
(k) Platting. Barclay Woods shall be required to plat the Property in
accordance with Section 9-75 of the Code. Barclay Woods shall submit a proposed
lighting plan to the City contemporaneously with its submittal of the proposed plat.
(l) On Street Parking. The City hereby acknowledges and agrees that parking
shall be permitted on one side of the internal Project roadways only as designated by
Barclay Woods. In addition, Barclay Woods will provide separate remote parking areas
to accommodate visitors and guests.
(m) Patios. The residential units within the Project are intended to include
covered patios. Barclay Woods hereby acknowledges and agrees that no covered patio
area or any screened enclosure is to be enclosed in any manner whatsoever so as to
become a part of the living area of any attached single-family residence.
(n) Recreational Area. Barclay Woods shall be required to provide a
recreational area within the Project in accordance with the Engineering Plans.
(0) Stormwater Pond Maintenance Berm. The City hereby agrees that Barclay
Woods shall only be required to maintain a six (6) foot maintenance berm around the
Project retention pond rather than a ten (10) foot berm as required pursuant to Section 9-
24l(d)(3) of the Code.
0909516\103441\7] 1854\8
Developer's Agreement
- 4-
4. Representations of the Parties. The City and Barclay Woods hereby each
represent and warrant to the other that it has the power and authority to execute, deliver and
perform the terms and provisions of this Agreement and has taken all necessary action to
authorize the execution, delivery and performance of this Agreement. This Agreement will,
when duly executed and delivered by the City and Barclay Woods and recorded in the Public
Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable
against the parties hereto and the Property in accordance with the terms and conditions of this
Agreement. Barclay Woods represents that it has voluntarily and willfully executed this
Agreement for purposes of binding the Property to the terms and conditions set forth in this
Agreement.
5. Successors and Assh!Os. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Barclay Woods and their respective successors and
assigns. The terms and conditions of this Agreement similarly shall be binding upon the
Property and shall run with title to the same.
6. Applicable Law. This Agreement shall be governed by and construed In
accordance with the laws of the State of Florida.
7. Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
8. Entire Aereement. This Agreement supersedes any other agreement, oral or
written, and contains the entire agreement between the City and Barclay Woods as to the subject
matter hereof.
9. Severabilitv. If any provision of this Agreement shall beheld to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
10. Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both parties hereto.
11. Recordation. This Agreement shall be recorded in the Public Records of
Seminole County, Florida.
12. Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Barclay Woods is an independent contractor and not an agent of the City.
Nothing herein shall be deemed to create a joint venture or principal-agent relationship between
the parties, and neither party is authorized to, nor shall either party act toward third persons or
the public in any manner, which would indicate any such relationship with the other.
13. Sovereien Immunitv. Nothing contained in this Agreement shall be construed as
a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any
other limitation on the City's potential liability under the state and federal law.
0909516\103441\711854\8
Developer's Agreement
- 5 -
14. City's Police Power. Barclay Woods agrees and acknowledges that the City
hereby reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers.
15. Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
16. Permits. The failure of this Agreement to address any particular City, county,
state, and/or federal permit, condition, term, or restriction shall not relieve Barclay Woods or the
City of the necessity of complying with the law governing said permitting requirements,
conditions, term, or restriction.
17. Third-Party Riehts. This Agreement is not a third-party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
18. Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided
by this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
19. Attornev's Fees. In connection with any arbitration or litigation arising out of
this Agreement, the prevailing party shall. be entitled to recover reasonable attorney's fees and
costs through all appeals to the extent permit~.;d by law.
20. Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement.
[SIGNATURES FOLLOW ON NEXT PAGE]
0909516\\ 03441 \711854\8
Developer's Agreement
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
CITY OF WINTER SPRINGS
By:
Name:
ATTEST:
Mayor / Pro Tem
, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
Springs, Florida, only.
Dated:
City Attorney
Winter Springs, Florida
STATE OF FLORIDA
COUNTY OF SEMINOLE
Personally appeared before me, the undersigned authority,
and , well known to me to be the Mayor/Pro Tem and the City Clerk
respectively, of the City of Winter Springs, and acknowledged before me that they executed the
foregoing instrument on behalf of the City of Winter Springs, as its true act and deed, and that
they were duly authorized to do so.
Witness my hand and official seal this _ day of
,2004.
(NOTARY SEAL)
Notary Public
My Commission Expires:
0909516\103441 \711854\8
Developer's Agreement
- 7 -
Signed, sealed and delivered in the
presence of the following witnesses:
BARCLAY WOODS, LLC, a Florida limited
liability company
By:
Printed Name:
Title:
Signature of Witness
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2004, by , as
of BARCLAY WOODS, LLC, a limited liability company, on behalf of said company. He is
personally known to me or produced as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
0909516\ 103441\711854\8
Developer's Agreement
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EXHIBIT "A"
Legal Description
The West 2/5 of the East 5/8 of the North 1/4 of the Southeast 1/4 (LESS the East 165 feet) of
Section 4, Township 21 South, Range 31 East, Seminole County, Florida; LESS that portion
deeded to the State of Florida Department of Transportation on June 10,2002 in Book 4437,
Page 376.
0909516\103441\711854\8
Developer's Agreement
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:OR711694;S:
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DECLARATION OF COVENAN1S,<.
CONDITIONS, EASEMENTS AND RESTmCT,IONS
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FOR BARCLAY WOODS - TOW;NHOMES~
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Prepared By and After Re'9~taing Return to:
Timothy M. Hughes
Akerman Senterfitt
255 South Orange Avenue, Suite 1700
Orlando, Florida 32801
(407) 843-7860
RECfESVIED
MAY - 4 2004
~: 30 ffl"l
CITY OF WINTER SPRINGS
Current Planning
ARTICLE I
ARTICLE II
Section 1.
Section 2.
ARTICLE III
Section 1.
Section 2.
ARTICLE IV
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
ARTICLE V
Section 1.
Section 2.
Section 3.
Section 4.
ARTICLE VI
Section I.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
ARTICLE VII
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
:OR711694;S:
TABLE OF CONTENTS
Pa2e
DEFINITIONS.................................................................................................. .2
PROPERTY SUBJECT TO DECLARATION .................................................5
Propertv....................................................................................................... .5
Annexation and Withdrawal........................................................................ 5
PERMITTED USES............................................... .':~~..:'.'...................................6
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Residential Property.................................... .,.:.:............~...............................6
Common Property................................... ./.::;:....;:.........................................6
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COMMON PROPERTY... ....... ......... ..... ....::--;.\... ...... ..\....:'..... ....... ................... ..6
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AddItIonal Common Property................................. .....................................6
Restriction on Use of Common Property .....................\'....:'.'............. ..........6
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Encumbrance as Security.................................................. ~~...:.~';;.................6
Use by Owners ......... ..... ...... ....... ....... ................................... .\............. ........7
Delegation of Use ..... ..................... ....... ........ ........................ .......................8
Waiver of Use. ....... ..... ........... ....... ........... ....................................................8
Administration arid 'Care ..............................................................................8
Rules and Regulations..:::::-....:,~..................................................................... 8
Payment of Assessm'ents'Not Substitute for Taxes......................................9
Limited Common Property.. ..~:. ;;..,:,:..'~.;....,,,................................................. 9
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AS SOCIA TI 0 N ...................::................... ~........................................................ 9
Membership..................... ......... .... ..... .... ............................................. ..... ....9
Voting Rights .................... .....~..'~......... .......................................................10
Change of Membership....... ..,................ ....................................................10
Declarant Rights to Appoint Directors ......................................................11
FUNCTIONS OF ASSOCIATION .................................................................11
Obi ecti ves, Purposes and Function............................................................ 11
Duties and Powers, Generally.................................................................... I I
Common Property.................................................................................... ..12
Personal Propertv and Real Property for Common Use ............................12
Duties of the Association......................................................................... ..12
Powers of Association............................................................................... .14
Limitations and Restrictions on Power of Association.............................. 15
No Compensation to Directors or Officers ................................................16
EASEMENTS............................................................................................... ...17
Access and Use Easements................ ...................... ........ ................... .......17
Utility Easements................................................................................... ....17
Declarant Easements..................................................................................l 7
Service Easements.................................................................................. ...18
Emergency, Security and Safety Right of Entry ........................................18
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ARTICLE VIII ASSESSMENTS.............................................. ..~:::'......................................... .21
Section 1. Creation of the Lien and Personal Obligati~iISbf ,
Assessments........................................ ~~~..r....... .\'....~';................................ .21
P fA IA /' ""1,, ". '..... ')2
urpose 0 nnua ssessments ... ,....'.... ..'............... ;.................................._
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Capital Budget and Reserve Fund~Contribution ........:;..;..~........................22
Timing of and Budgeting for/Animal Assessments ......~;...~~~.,..................22
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SpecIal Assessments........f. ,:c......';........... .~..~......................... :-....;;. ~............ .23
A f D 1 "." ", J "" ': . 24
ssessment 0 ec arant........... :-.....:..... ..,'.;:-:-:-:';.................... ..,,:..................
. .......,.vy .
DutIes of the Board....................... .:-......:.................................................. ..24
Working Capital. ....... ...... ...... ............~..:::....... ..... .............. ..... ................ ..24
Streets Account................................... ..~.. ..>.:........................................... .25
Effect ofNon-Pavrnent of Assessment; Pe?s0~a-l:6bligation
of the Owner; Lien; Remedies of AssociatiorL..........................................26
Subordination of the Lien to the Mortgages; Mortgagees'
Rights......!;;;................................................................................................. .26
Section 12. Certific'ates of Status .............. ..... ............. ......................... ....... ......:...........27
Section 13. ,..Exempt Property........................................................................................2 7
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Section 6.
Section 7.
Section 8.
Section 9.
Section] O.
Section 11.
Section 12.
Section 13.
Section 14.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
ARTICLE IX
Section I.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
ARTICLE X
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
:OR711694;5:
Easements of Encroachment..................................................................... .18
Drainage Easements................................................................................... 18
Wall. Entrance Feature and Landscape Easements....................................19
Planting and Screening Easements........................................................... .19
Construction and Marketing Easements.................................................. ..19
Association Easements............................................................................. ..20
Conservation Easements........................................................................... .20
Future Easements...................................................................................... .20
Extent of Easements............................................. ..................................... .21
ARCHITEc:r~ CONTROL............................................. ..................... ..27
Reservation of Architectural and Landscape Control................................27
ArchitecturaFReview Board......... ............. ....................... ...................... ...28
Lots.............. ..... ........................................................................................ .29
Blocks....................................................................................................... .29
ARB Fees; Assistance............ ......... .................................... .................... ...29
Archi tectural Guidel i nes ............................................................................ 2 9
Inspection and Noncompliance................ ................................................. .30
Enforcement.............................................................................................. .30
No Liability for Actions .......... ............................................................. ......30
No W ai ver .................................................................................................. 3 0
ExemPtion of Declarant ....................... ..................................................... .30
RESTRICTIVE COVENANTS......................................................... ..............3 ]
Appli cab i Ii ty .............................................................................................. 3 I
Land Use and Building Type .....................................................................31
Mining or Drilling..................... ................................................................ .31
Subdivision or Partition............................................................................ .31
Use of Easement Areas ....................... .......................................................3 ]
II
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
Section 12.
Section 13.
Section 14.
Section 15.
Section 16.
Section 17.
Section 18.
Section 19.
Section 20.
Section 21.
Section 22.
Section 23.
Section 24.
Section 25.
Section 26.
Section 27.
Section 28.
Section 29.
Section 30.
Section 31. .' .
Section 32.
Section 33.
Section 34.
Section 35.
Section 36.
Section 37.
Section 38.
Section 39.
Section 40.
ARTICLE XI
Section 1.
Section 2.
Section 3.
Section 4.
ARTICLE XII
ARTICLE XIII
Section 1.
:OR711694;5:
Restriction Against Short Term Rentals ....................................................32
Minimum Square Footage.. .............. .............. ...... .... ..... ..... ............ ... ..... ....32
Roo fs .......................................................................................................... 3 2
Garages..................................................................................................... .32
Driveways................................................................................................. .32
Concrete Block...........................................................................................3 3
Walls, Fences, Hedges and Hurricane Panels............................................33
Landscaping...............................................................................................3 3
Maintenance..............................:............................................................... .34
Party Walls and Other Shared Structures...................................................36
Mailboxes.................................................................................................. .36
Utility Connections ......... ......... ....... ............ .......... ............ ............ ...... ... ....37
Approved Builders.. ....... ............. ........... .................. ......... ... ..... ... ..... ... ... ...3 7
Pets, Livestock and Poultry..,........ ....(~........................................................3 7
Commercial Trucks, Trailers, Carrtper:s2':and Boats ....................................37
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No ut oor rVIng ............ ..!....:............. ......................................................38
Unit Air Conditioners, SCf({~~in~'of EQuI'llment and
Reflective Materials ................ ::\...:~~.. ...:':.>3...... ............ .................. ..... ..38
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Exterior Antennas........................... ......(....................................................3 8
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CaIn LInk Fences .................. ........... ................................ ........................ .38
Skateboard Ramps................................ ~':..:.~............................................3 8
Solar Heating Panels ........... .... ........... .... .....:::'....::~~.:.::. ..... ..... ..... ............ .......38
Basketball Goals and EQuipment..................L. ~........................................3 8
Children's Play Structures.........................................................................3 8
Outside::Storage..........................................................................................3 9
" 0w~1~r.' S 'ebligation to Rebuild................................................................. .39
SolIcItIng.. ..:............................................................................................... .39
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So lar EQuipment.... .'..:................................................................................. .39
T rash Containers and Co Ilection.............................................................. ..40
Spa and Poo I ;EQuipment.......................................................................... ..40
Use of N am e .............................................................................................. 40
Si gnage...................................................................................................... .40
Window Blinds..................................... .................................................... .41
Amendment to Use Restrictions............................. ..... ....................... ..... ..41
TURNOVER....................................................................................................42
Time of Turnover ...................................................................................... .42
Procedure of Calling Turnover Meeting.................................................. ..42
Procedure for Meeting .................. .................... ........... ...................... ........42
Declarant's Rights..................................................................................... .42
DECLARANT'S RIGHTS ......................... ....................... ......... ............. ........42
MORTGAGEE PROVISIONS............................................... .........................44
Notices of Action. ............. ............ ............. ........................................... .....44
III
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
ARTICLE XIV
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
ARTICLE XV
ARTICLE XVI
ARTICLE XVII
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
SectionTl. ",
-Section 12.
- Section 13.
Section 14.
Section 15.
Section 16.
Section 17. '
Section 18.
Section 19.
Section 20.
Section 21 .
Section 22.
Section 23.
Section 24.
Section 25.
Section 26.
:OR711694;5:
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Voting Rights of Mortgagee ................................... ...................................45
Voluntary Payments by Mortgagees........................................................ ..46
No Priority................................................................................................ .46
Notice to Association............................................................................... ..46
Amendment by Board............................................................................... .46
Applicability of this Article..................................................................... ..46
Failure of Mortgagee to Respond............................................................ ..46
INSURANCE AND CASUALTY LOSSES ...................................................46
Insurance.................................................................................................... 46
Individual Insurance.................................................................................. .48
Damage and Destruction........................................................................... .48
Disbursement of Proceeds..........................................................................49
Repair and Reconstruction............ .!;:;.................................. .................... ..49
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NO PARTITION....................... ...................... ................................................. .50
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CONDEMNATION......................: :....:.......... ..L..:;............................................ 50
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GENERAL PROVISIONS..................... ....:;;................................................. .50
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DuratIon................................................ >:"...;............................................. .50
Amendments by Members .............. .........\...;~...................... .................... .51
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Amendments by Declarant............................ :.~..:..................................... ..51
Restrictions on Amendments........................::.......................................... .52
Assi grunent of Rights and Duties.......................:...................................... 52
Special Exceptions and Variations............................................................ .52
MSTUs/MSBUs ................... ... .... ....... .......... ........ ..... ........ ............ ........ .....52
Surface Water Management System..........................................................5 3
Reclaimed Water.................... ......... .......................................................... .53
., Enforcement............................................................................................... 5 3
Sev:erability ............................................................................................... .54
. Interpretati on.............................................................................................. 54
Authorized Action....... ............... ............ ........... .......... ....... ... ..... .....;........ ..54
Termination............................................................................................... .54
Execution of Documents... ....... ._.. ..................................... ..................... ....54
Indemnification .................... ...... ...... ... ....... ......................... ... ............. ...... .55
'Prohibited Actions ............................................................ ........................ .55
Siligular, PI ural and Gender..................................................................... ..55
Constructi on............................................................................................... 5 5
Notice.........................................................................................................5 5
Covenants Run With the Land.............................................................. _....56
Not a Public Dedication............................................................................. 56
Breach Shall Not Permit Termination........................................................ 56
Attorneys ' Fees ....... ........... ......................... ........... ...... ............................. .56
Negation of Partnership.................... ............................ .......................... ...56
Non- Merger................................................................. _...............................57
IV
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'OR711694;51
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DECLARATION OF COVENANTS,
CONDITIONS, EASEMENTS AND RESTRICTIONS
FOR BARCLAY WOODS - TOWNHOMES
THIS DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND
RESTRICTIONS FOR BARCLAY WOODS - TOWNHOMES is made as of this _ day of
, 2004, by Ashton Orlando Residential, L.L.c., a Nevada limited liability company,
whose address is 341 North Maitland Avenue, Suite 100, Maitland, Florida 32751, hereinafter
referred to as "Declarant." For convenience, this instrument is hereinafter referred to as the
"Declaration. "
RECITALS:
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A. Declarant is the owner of certain reaypT~~eoy located in the City of Winter
Springs, Seminole County, Florida and more partic;ufarly described on Exhibit "A" attached
hereto and hereby incorporated herein ("Property.?:' "''''~". ~"'"
B. Declarant intends that the propert~d~~e14ed1s a single family residential
community known as "Barclay Woods - Townhomes". ~'"
C. Declarant desires to ensure that the Property is supdi~LcJ-ed, developed, improved,
occupied, used and enjoyed pursuant to. a uniform plan of de~119Pment, and in thjs regard,
Declarant desires to impose this Declaration upon the Property, asdnore particularly described in
this Declaration, that is nO'Y_orhereafter owned by Declarant, at such time and pursuant to such
processes as are more particul~iy,described in this Declaration, to the effect that such property
shall be subject to the/ covenants, :qonditions, easements and restrictions more particularly set
forth herein. " :.'
D. Declarant iritends~thaHhisDeclaratibn shall be applicable to only lands within the
Property that are developed assingle-famlly residential (including, but not necessarily limited to,
town homes), and that such lands'sh3J.l be subjected to this Declaration only upon the events, and
at such time, and in such manner, as more particularly set forth in this Declaration.
E. Declarant further intends that the Property subjected to this Declaration will be
developed with various common properties and facilities benefitting all owners of such property,
all as more particularly set forth in this Declaration.
NOW, THEREFORE, Declarant, as the owner of fee simple title to the Property, hereby
declares that all of the Property is and shall be held, sold, conveyed, leased, mortgaged and
otherwise dealt with, subject to the easements, covenants, conditions, restrictions, reservations,
liens and charges contained within this Declaration, all of which are for the purpose of enhancing
and protecting the value, desirability and attractiveness of the Property and shall run with title to
the Property, shall be binding upon all parties having and/or acquiring any right, title or interest
in the Property, or in any part thereof, and shall inure to the benefit of each and every person or
entity, from time to time, owning or holding an interest in said Property.
lOR711694;S:
ARTICLE I
DEFINITIONS
The following words and terms when used in this Declaration (unless the context shall
clearly indicate otherwise) shall have the following meanings:
A. "Architectural Guidelines" shall mean and refer to any criteria or
guidelines adopted by the ARB, from time to time, including any amendments thereto, pertaining
to the architectural guidelines and criteria applicable to development within the Property, all
pursuant to Article IX of this Declaration.
B. "Architectural Review Board" or ARB shall refer to any bodylboard
established pursuant to the provisions of, and for the purposes set forth in, Article IX of this
Declaration. /~
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C. "Articles of Incorporation" ;l~d "Bylaws" shall mean the Articles of
Incorporation and the Bylaws of the Association/a{th~x may ex,i~t from time to time pursuant to,
and in compliance with, the provisions of this DeclaratlOt:l, a tJu~~and correct copy of which, as
same exist as of the date of recording of this Declarati~; are~ttached hereto as Exhibits "B" and
"C", respectively. ~\"':'
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D. "Assessments" shall mean and refer to any assessments of an Owner by
the Association for Common Expenses and other items pursuant tQ,and in accordance with, and
for the purposes specified in, Article VIII of this Declaration. f, .
E. "Association" shall mean the Barclay Woods - Townhomes Community
Association, Inc., a Florida not for profit corporation, its successors and assigns.
F. "Association Act" shall mean and refer to the laws of the State of Florida
applicable to the,operations of the Association, from time to time, including, but not necessarily
limited to,/those laws'set forth in Chapter 720, Sections 720.301 through 720.312, Florida
Statutes, 2000, as samemaY,be amended from time to time.
G. "Block" shall mean any group of adjacent Lots constituting a block as
depicted on any plat of the Property, including any improvements from time to time constructed,
erected, placed, installed or located thereon.
H. "Board" shall mean the Board of Directors of the Association.
1. "City" shall mean and be defined as the City of Winter Springs, Florida, a
municipal corporation of the State of Florida, specifically including each and all of its
departments and agencies.
J. "Common Expenses" shall mean the actual and estimated expenditures,
including reasonable reserves, for maintenance, operation and other services required or
authorized to be performed by the Association, and for any other purpose or function of the
Association, pursuant to this Declaration, including, but not limited to, expenditures incurred
:OR711694;5:
2
with respect to Common Property, all as may be found to be reasonably necessary by the Board
pursuant to this Declaration, or the Bylaws or the Articles of Incorporation of the Association.
K. "Common Property" shall mean and refer to all real and personal property
from time to time owned or held by the Association, or any rights or interests of the Association
in any real or personal property, including, but not limited to, the Surface Water Management
System, any Conservation Areas, and any streets, roads or drives that are both located within the
Property and owned by the Association, and further including the benefit of all easements, rights
and other interests established in favor of the Association by this DesJa~ation or any plat of the
Property or any portion thereof. />....--.::.~,
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L. "Community-Wide Standard" shall m~:::-..fue. standard of conduct,
maintenance, or other activity generally prevailing throughout~the PfQp~Fty. Such standard may
be more specifically determined by the Board and/or the AR.I3~\ ''''''''
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M. "Conservation Areas" shall mean and refer to any are'as of'Portions of the
Property from time to time included within, or subjected to, a conservation eas)mel1tpursuant to
the provisions of Article VII, Section 13. ).,/
N. "County" shall W~an and be defined as Seminole County, Florida, a
political subdivision of the State of Florida;'sRecifically including each and all of its departments
and agencies. \K'--,,-~
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O. "Declarant" shall meah\and refeT:.Jo~shton Orlando ReSIdentIal, L.L.c., a
Nevada limited liability company, and any\~~c~S'~or''O"r,-{iS~~ designated as the Declarant
pursuant to the provisions of Article XVII, Secti?TI 5 of this D'eclaration.
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P. "Declaration" shall mean and.../refer to this Declaration of Covenants,
Conditions, Easements and Restrictions for Barclay'Woods - Townhomes, as same may from
time to time qearnended.
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Q. . "Institutional Lender" shall mean and refer to a bank, savings bank,
mOrt:g~gecompany, life "i~urance company, federal or state savings and loan association, an
agency of 'the United States government, private or public pension fund, Veteran's
Administration;: the Federal National Mortgage Association, the Federal Home Loan Mortgage
Corporation, a<credit union, real estate or mortgage investment trust or any other lender generally
recognized in Seminole County as an institutional lender that owns or holds, insures or
guarantees, a Mortgage encumbering a Lot.
R. "Limited Common Property" shall mean and refer to any portion of the
Common Property designated as Limited Common Property by Declarant from time to time
pursuant to the provisions of Article IV, Section 10 of this Declaration.
S. "Lot" shall mean any numbered lot shown upon any recoraed subdivision
map or plat of all or any portion of the Property. "Lot" shall include any improvements from
time to time constructed, erected, placed, installed or located thereon.
:OR711694;5:
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T. "Member" shall mean and refer to each member of the Association as
provided in Article V of this Declaration and shall include all Owners.
U. "Mortgage" shall mean a permanent or construction mortgage, deed of
trust, deed to secure debt, or any other form of instrument used to create a security interest in real
property, including any collateral security documents executed in connection therewith.
V. "Mortgagee" shall mean a beneficiary or holder of a Mortgage.
W. "Owner" shall mean and refer to the owner as shoiYn by the records of the
Association (whether it be the Declarant, one or more persons~fi~s o;'legal entities), of fee
simple title to any Lot. Owner shall not mean or refer to the,J'~older"of a Mortgage or security
deed unless and until such holder has acquired title pursuant~6lore2Iosure proceeding or deed in
lieu of foreclosure; nor shall the term "Owner" mean or refer tC\\any les'see'6~ tenant of an Owner.
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X. "Plat" shall mean and refer to any of the plats of the PFop'ef!Y, as recorded
or to be recorded in the Public Records of Seminole County, Florida. "'\..-.
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Y. "Final Approved Plat/Final DP" shall mean and refer to any final
subdivision plat/final development plaIl for the Property as approved by the City from time to
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Z. "Property" shall initi~l)y'm~an>al!d include the real property described in
Exhibit "A" attached hereto and, when addedjn accordaric'ewith the terms and conditions hereof,
shall also include real property which is in ~e/ftltu~~"stibj6Cte'Q to this Declaration under the
provisions of Article II hereof. \ ..' ,J
AA. "Service Area" shall mean';ang...refer to each group of Lots that share a
common continuous building structure connected by party walls and containing the single family
residential d~el1ing units constructed on such Lots:
BB. "SJRWMD" shall mean and refer to the St. Johns River Water
Management District or any'successor governmental agency.
Cc. "Supplement" shall mean any supplement, amendment or modification of
this Declaration made consistent with, and pursuant to the provisions of, this Declaration.
DD. "Surface Water Management System" shall mean the system including,
but not limited to, roadway and rear-yard under-drains, and storm water drains, detention and
retention facilities, designed and constructed or implemented to control discharges which are
necessitated by rainfall events, and incorporating methods to collect, convey, store, absorb,
inhibit, treat, use or reuse water to prevent or reduce flooding, over-drainage, environmental
degradation and water pollution or otherwise control the quantity and quality of discharges from
the Property.
EE. "Turnover" shall mean the transfer of operation of the Association by the
Declarant as described in Article XI of this Declaration.
:OR7l1694;S:
4
FF. Omitted.
GG. "Voting Member" shall mean the Declarant as to votes allocated to the
Class B Member, and the Owners as to the votes allocated to Class A Members.
ARTICLE II
PROPERTY SUBJECT TO DECLARATION
Section 1. Property. The Property is hereby made subject to, and encumbered,
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governed, benefitted and burdened by, this Declaration. / ....,
Section 2. Annexation and Withdrawal. A:::-
A. Declarant hereby reserves to itself, and\shall ifereln~fter have, the right,
but not the obligation, at any time and from time to time, in it~sole and\bsolute discretion, and
without notice to or the approval of any party or person whomsoever or ~hatSoever, including
any ?wner: (i) to impose t~i~ Declara~ion upon a.ny real property in addition .to~e.-~~operty (ii)
to WIthdraw from the prOVISIons of thIS DeclaratIOn any of the Property, whIch contmues to be
owned by the Declarant and which has not been designated or dedicated as Co6I.mon Property.
Annexations or withdrawals under this Subsection 2.A. shall be accomplished by execution by
Declarant of a Supplement describing the real property to be annexed or withdrawn, as the case
may be, and shall become effective when such Supplement is recorded among the Public
Records of the County, unless otherwise provided therein.
B. Subje_~LtQ the consent of the owner thereof, and, while the Declarant owns
any portion of the land(loc~tect"within the Property, with consent of the Declarant, which
consent may be gra.nted or wi$held in the sole and absolute discretion of Declarant, the
Association may arrhex r~al prop~rt~ to the provisions of this Declaration and the jurisdiction of
the Association. Such'llQAexatidn:'1by..t):1e Association shall require the affirmative vote of a
majority of the voting interests:6nhe-Me~bers-present at a meeting duly called for the purpose
of considering and voting upon~,sucl1 annexation. The annexation of land under this Subsection
2.B., shall be accompanied by th~'r~orda!ion in the Public Records of Seminole County, Florida
of a Supplement describing the property being annexed, signed by the President and Secretary of
the Association, the Declarant and by the owner of the property being annexed. Any such
annexation shall be effective upon recording unless otherwise provided therein.
C. No provision of this Declaration shall be construed to require Declarant or
any other person or entity to annex or withdraw any real property to or from the scheme of this
Declaration.
D. The Declarant hereby reserves the right to seek and obtain governmental
approval to modify from time to time the Final Approved PlatlFinal DP or the Plat. The
Declarant shall not be required to follow any predetermined order of improvement or
development of the Property; and it may annex additional lands and develop them before
completing the development of the Property as originally or from time to time constituted. The
Declarant shall have the full power to add to, subtract from or make changes in the lands
included within the Property regardless of the fact that such actions may alter the relative voting
strength of the Members of the Association.
:OR711694;51
5
E. Covenants and restrictions applicable to annexations to the Property shall
be compatible with, but need not be identical to, the covenants and restrictions set forth in this
Declaration. Such a condition is retained by Declarant in recognition that there may be a variety
of housing types and development parameters, conditions and restrictions, thereby necessitating
differing restrictive covenants.
ARTICLE III
PERMITTED USES
Section 1. Residential Property. Except as hereinafter provided in Article VII,
Section 10 of this Declaration, Lots shall be improved as and used, occupied and enjoyed solely
and exclusively for single family residential (attached or detached) dwelling purposes (including,
but not limited to, town homes) and no other uses or purposes whatsoever.
Section 2. Common Property. Common ,p~;'~i:to/ shall be improved, maintained,
used, and enjoyed for the common recreation, heal)h~:safety, welfare, benefit and convenience of
all Owners and their guests and invitees, excepr~that".any Li'fpited Common Property may be
improved, maintained, used and enjoyed for the ~minon recr~~tion, health, safety, welfare,
benefit and convenience of only certain Owners, and"'the'ir'iilests"'and invitees, designated by
Declarant. ~. "''\
"". "',
""\ ,':-"
, ,
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ARTICLE IV
COMMON PROPERTY
Section 1. Additional Common Property. In addition to the property included within
the term "Common PropertY!! as defined in Article I of this Declaration, Declarant, in its sole and
absolute discretion, shall have the fight to convey to the Association, and the Association shall
be obligated upon Declarant's discretion to accept, any other property, real or personal, so long
as such property is, in the'sole discretion of Declarant, useful for the common recreation, health,
safety, welfare, benefit or converuence of, the Owners. Any such additional property conveyed to
the Association shall become and thereafter continue to be Common Property which shall be
subject to all covenants, conditions, restrictions, easements and reservations set forth in this
Declaration with respect to all other Common Property.
Section 2. Restriction on Use of Common Property. The Common Property shall,
subject only to the easements specified in Article VII of this Declaration, be developed,
improved, maintained, used and enjoyed solely for the purposes specified in this Declaration and
in the instrument of conveyance conveying such Common Property to the Association, and for
the common health, safety, welfare and passive recreation of the residents of and visitors to the
Property and for no other purpose or purposes whatsoever. Notwithstanding anything in the
foregoing to the contrary, Limited Common Property may be used for active recreation of those
Owners of Lots within the Property designated by Declarant. No other use shall be made of the
Common Property without the prior written consent of Declarant.
Section 3. Encumbrance as Security. The Association shall have the right in
accordance with this Declaration and the Articles of Incorporation and Bylaws to (i) borrow
money for the purpose of improving, replacing, restoring or expanding the Common Property
:OR711694;5:
6
and to mortgage or otherwise encumber the Common Property solely as security for any such
loan or loans and (ii) engage in purchase money financing with respect to personal property and
equipment purchased by the Association in connection with the performance of its duties and
obligations pursuant to this Declaration and to secure the payment of the purchase price therefor
by the encumbrance of the personal property and equipment so purchased; it being expressly
provided, however, that any such mortgage or other encumbrance shall (i) be subject in all
respects to the terms and provisions of this Declaration and any amendments hereto, and (ii) be
made subordinate to the rights of the City, the County or any other governmental agency in and
to the Common Property, including but not limited to the Surface Water Management System.
In no event shall the Association be entitled or empowered to mortgage or otherwise encumber
any easements granted to it.
Section 4. Use by Owners. Subject to any reasonable rules and regulations adopted
and promulgated pursuant to this Declaration, and s~b}ect always to any and all easements
granted or reserved in this Declaration, each and every'pwne~shall have the non-exclusive right,
privilege and easement to use and enjoy the Co~n Prope~y for the purpose or purposes for
which the same is conveyed, designated and <ihtende~ by ~ec}arant and maintained by the
Association, and such nonexclusive right, privilege aria eastEIT!-ef1t-sh~ll be an appurtenance to and
shall pass with the title to each and every Lot within th~rop_erty; subject, however, at all times
to the terms, provisions, covenants, conditions, restriction~aSements and reservations set forth
in this Declaration including, without limitation, the followin8:~:;
'\ .-
A. The right of the Association to suspend th~right, privilege and easement
of any Owner and such Owner's family, tenants, guests or othef invitees to use the Common
Property or any portion thereof'designated by the Association (i) during any time in which any
Assessment levied by the Association against such Owner remains unpaid and delinquent for a
period of thirty (30)qays or more;ci~ (ii) for any single infraction of the rules and regulations of
the Association with respect to the use of the Common Property; provided, however, that except
for a suspension of such rigllt,:privilegeand..easement occasioned by the failure of an Owner to
pay any AssesEjmeritwithin -.thirty (30)'days.from the date that the same is levied by the
Association, any suspension of the right, privilege and easement to use and enjoy the Common
Property shall be made by,the AssoCiation, or a committee duly appointed by the Association for
that'purpose, only after appropriate notice and hearing given and held in accordance with the
Association Act. Notwithstanding anything herein set forth to the contrary, however, the
Association sha.ll have no right, power or authority hereunder, except upon a foreclosure as
provided for herein, to suspend or otherwise unreasonably interfere with any Owner's right,
privilege and easement to ingress and egress to and from such Owner's Lot; it being expressly
provided, however, that temporary interference for purposes of appropriate identification at and
clearance through access gates shall not be deemed to be an unreasonable interference with such
right, privilege and easement of and for ingress and egress.
B. The right of the Association to limit the number of guests of Owners who
may use the Common Property from time to time and to limit the use of the Common Property
by persons not in possession of a Lot at a particular time but owning a sufficient interest therein
for classification as an Owner and Member of the Association.
:OR711694;SI
7
C. The right of the Association to establish, promulgate and enforce
reasonable rules and regulations pertaining and with respect to the use of the Common Property
pursuant to Section 8 of this Article IV.
D. The right of the Association to charge reasonable admission and other fees
to or for the use of the Common Property, other than for the use of easements established created
or declared pursuant to this Declaration or any plat of the Property.
E. The right of the Association to take such steps as are reasonably necessary
to maintain, preserve and protect the Common Property.
F. The right of the Declarant to designate Common Property as Limited
Common Property and to designate which of the Owners has the right to enter upon and use the
Limited Common Property.
Section 5. Delegation of Use. Any Owner shall be entitled to and may delegate the
right, privilege and easement to use and enjoy the Common Property to the members of such
Owner's family, tenants, guests or other invitees; subject, at all times, however, to such
reasonable rules and regulations governing such delegation as may be established, promulgated
and enforced by the Association pursuant to Section 8 of this Article IV. In the event and for so
long as an Owner shall delegate such 'i1@J.thprivilege and easement for use and enjoyment to
tenants who reside on such Owner's Lot, '~e,~ssoc!~tion shall be entitled, after the adoption and
promulgation of appropriate rules and re~ations with,.respect thereto, to limit or restrict the
right of the Owner making such delegation t'b\~ ten~t,in~Iie'sim~ltaneous exercise of such right,
privilege and easement of and for the use and ei1ioyment oftl,1e)::::ommon Property.
\ - ;,'
\ ~ ,:' ./
, '
Section 6. Waiver of Use. No Own~f'may exempt itself from personal liability for,
or exempt such Owner's Lot from, any Assessmepts,duly levied by the Association, or release
the Lot owned by such Owner from the liens, charges, encumbrances and other provisions of this
Declaration, ,9f,the rules and regulations of the Association, by (i) the voluntary waiver of the
right, privilege"and easement for the use and enjoyment of the Common Property, (ii) the
abandonment of such Owner's Lot or (iii) by conduct which results in the Association's
suspension,of such right, privilege and easement as provided in Section 4 of this Article IV.
Section 7. Administration and Care. The administration, regulation, care,
maintenance, repair, restoration, replacement, preservation and protection of the Common
Property shall bethe responsibility of the Association as more particularly provided in Article VI
of this Declaration and in'the Articles of Incorporation.
Section 8. Rules and Regulations. In addition to the foregoing restrictions on the use
of Common Property, the Association shall have the right, power and authority, subject to the
prior written consent and approval of Declarant until Turnover, to promulgate and impose
reasonable rules and regulations governing and/or restricting the use of Common Property and to
thereafter change, modify, alter, amend, rescind and augment any of the same; provided,
however, that no rules or regulations so promulgated shall be in conflict with the provisions of
this Declaration. The rules and regulations promulgated by the Association shall be applicable to
and binding upon all Common Property and all Owners and their successors and assigns, as well
:OR711694;S:
8
\.
as upon all members of their families, their tenants, guests, and other invitees and upon all other
parties claiming by, through or under such Owners.
Section 9. Payment of Assessments Not Substitute for Taxes. The payment of
Assessments from time to time established, made, levied, imposed and collected by the
Association pursuant to this Declaration, including, without limitation, those for the maintenance
of the Common Property, shall not be deemed to be a substitute for or otherwise relieve any
Owner from paying any other taxes, fees, charges or assessments imposed by the City, the
County, or any other governmental authority. /,
// .,'-,
Section 10. Limited Common Property. In connection/~i;~ development of the
Property, Declarant may designate that the benefits of certain p~~bqProperty be reserved for
the utilization and realization of only certain Owners; wlllch designatjon shall be made in
conjunction with the original grant or conveyance creating s~dp ComIn0J1"Rroperty and may be
made by Declarant, in its sole and absolute discretion, and without noti~,to>0r the approval of
any party or person whomsoever or whatsoever, including any Owner. ArtY-., such property or
interests so designated by the Declarant shall be considered "Limited Common"Property" for all
purposes of this Declaration. The designation of Limited Common Propertx)rriay be made
pursuant to this Declaration, a Supplement or in the deed of conveyance, or upon the plat, or
pursuant to any other written instrument recorded in the Public Records of Seminole County.
\ '.
Upon such designation of the Limited ConiIno.Q. Property, the Owners identified by Declarant as
being authorized and entitled to utilize\anclrealize the benefits of such Limited Common
Property (and all rights and interests pert~~i~~th~reto).,,~hall have the rights to do so as are
provided in this Declaration with respect to\CoIn.11jon"'Pt,.operw."> Declarant hereby reserves to
itself the right, in its sole and absolute discreti,?r{,/~md witRpu(notice to or the approval of any
party or person whomsoever or whatsoever, including any Owner, to designate or identify, from
time to time, additional Owners as being authoriz'edand entitled to utilize and realize the benefits
of any Limited Common Property designated pursu~fto this Section 10. The Association shall
have responsibility for the management and control of Limited Common Property pursuant to,
and consisteIit.~1th, its powers and duties established in this Declaration. All costs of the
Associatioil with reSpect'to the Limited Common Property shall be assessed only against the
Owners identified by Declarant as being authorized and entitled to utilize and realize the benefits
of the Linllted Common Pr~perty.
ARTICLE V
ASSOCIATION
Section 1. 'Membership. The Declarant and every Owner shall be Members of the
Association. By acceptance of a deed or other instrument evidencing its ownership interest in
the Lot, each Owner accepts membership in the Association, acknowledges the authority of the
Association herein stated, and agrees to abide by and be bound by the provisions of this
Declaration, the Articles of Incorporation, the Bylaws, and other rules and regulations of the
Association adopted pursuant to the provisions of this Declaration. In addition to the foregoing,
each Owner shall cause its family members, tenants, guests and other invitees to abide and be
bound by the provisions of this Declaration, the Articles of Incorporation, the Bylaws and other
rules and regulations of the Association adopted pursuant to the provisions of this Declaration.
:OR711694;5:
9
Section 2. V oting Rights. The voting rights of the Members of the Association shall
be allocated and exercised as set forth in the following provisions of this Section 2 or in the
Articles of Incorporation or Bylaws, or as otherwise required by the Association Act.
A. Membership in the Association shall be divided into Class A and Class B
Members and the membership in each such class, and the voting rights applicable thereto, shall
be allocated as follows:
Class A. Class A Members shall be all Owners of Lots, with the exception
/--
of the Declarant (prior to Turnover). Class A Members shall be allocate<i,one vote for each Lot
in which they hold the interest required for membership in the A~s6c(ationpursuant to Section 1
/ -'-
above. ,/. _ / /'\. : ~'"
(0/ "'"
Class B. The Class B Member shall Be\!he DeCl~ant, or its specifically
designated (in writing) successor. The Class B Member shalf'be alloc~ed"a"number of votes
equal to three times the total number of Class A votes at any given time; pr~dect, however, that
Class B membership shall cease and become converted to Class A membership, as-appropriate,
upon Turnover of the Association as set forth in Article XI of this Declaration. )'.
B. When any Lot ep~tling the Owner to membership in the Association is
owned of record in the name of two \~i'.mQre persons or entities, whether fiduciaries, joint
tenants, tenants in common, tenants in parfu~'nip" or in any other manner of joint or common
ownership, or if two or more persons or e~t'ities"have"th~ same fiduciary relationship respecting
. \ ' ",.1 "'-" . _ .
the same property, then unless the mstrumef\t. or 0~'4er",,!pp'omtlllg them or creatmg the tenancy
otherwise directs and it of/a 'copy thereof is\tiJeckwith th~ se6-etary of the Association, such
Owner shall select one/6ffitial~epresentative \~o, representLsuch Lot and exercise all rights of
membership in the Assoc~ation witt1:jrespect ther~to, including, but not limited to, voting (one (I)
vote per Lot) with respe~ft() such ~t and shall notify;in writing the Secretary of the Association
of the name of such individual. /flie'vote..of eachiolficial representative shall be considered to
represent the will of all the O~er;ofthaLL9f In the circumstance of such common ownership,
if the Owners fail to designate their,.official representative, then the Association may accept the
person asserting the right to vote as~the"oting Owner until notified to the contrary by the other
Owner(s). Upon such notification the ,Owner may not vote until the Owner(s) appoint their
official representative pursuant to this-paragraph.
C. The voting rights of any Owner may be assigned (for the duration of the
lease only) by an Owner to its tenant, if the tenant has entered into a lease with a term of two (2)
years or more; provided, however, that the Owner may not assign to such tenant any vote or
votes not attributable to the property actually leased by such tenant. No such assignment shall be
effective until written notice thereof has been received by the Association.
D. The voting rights of any Owner may be suspended for failure to pay
Assessments as specifically provided in Article VIII, Section 10 of this Declaration.
Section 3.
Change of Membershio.
A. Change of membership in the Association shall be established by
recording in the Public Records of Seminole County, Florida of a deed or other instrument
:OR711694;S:
10
conveying record fee title to any Lot, and by the delivery to the Association of a copy of such
recorded instrument. The Owner designated by such instrument shall, by acceptance of such
instrument, become a Member of the Association, and the membership of the prior Owner with
respect to such conveyed land shall be terminated. In the event that a copy of said instrument is
not delivered to the Association, said Owner shall become a Member, but shall not be entitled to
voting privileges enjoyed by its predecessor in interest until delivery of a copy of the conveyance
instrument to the Association. The 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.
B. An Owner's membership interest in the Association shall not be assigned,
hypothecated or transferred in any manner except as an appurtenance to the Owner's Lot.
Membership in the Association by all Owners shall be compulsory and shall continue as to each
Owner until such time as such Owner of record transfe~s/6L,conveys all of its interest in the Lot
upon which its membership is based or until said interesristhmsferred or conveyed by operation
of law, at which time the membership shall aut9nJ:atically ~"e conferred upon the transferee.
Membership shall be appurtenant to, run with, alld~~hMl,not b~'s~parated from the real property
interest upon which such membership is based. "~ '>v,~(,r_\,
- ~ "-
Section 4. Declarant Rights to Appoint Directors. '-Directors shall be elected to the
Board by a vote of the Members. Notwithstanding anything Ih~e,foregoing to the contrary, the
Declarant shall, without regard to the number of votes allocated to>beclarant, be entitled to
,-
appoint one (1) member of the Board for' a~ long as the DeclaranUS' the Owner of at least five
percent (5%) of the total number of the combined Lots within the 'Lot (in other words, 5% of the
total number of votes in, ,the' Association). Nothing contained in the foregoing, however, is
intended, nor shall be deeme"d,-to cr~ate any obligation upon the Declarant to exercise such right
to elect such one (1 )dj!ector.
-ARTICLE VI
FUNCTIONS OF'ASSOCIATION
Section 1. Objectives. Purposes and Function. The Association has been created and
established in order to advance the 'objects and purposes of this Declaration. The Association
shall have exclusive jurisdiction over, and the sole responsibility for, (i) the administration and
enforcement of this Declaration, (ii) the establishment, levy, imposition, enforcement and
collection of all Assessments for which provision is made in this Declaration, (iii) the
administration, regulation, care, maintenance, repair, restoration, replacement, preservation and
protection of the Common Property, (iv) the payment of all Common Expenses, and (v) the
promotion and advancement of the health, safety and general welfare of the Members of the
Association; all as more particularly provided in this Declaration and in the Articles of
Incorporation, Bylaws and rules and regulations of the Association.
Section 2. Duties and Powers, Generally. In addition to those duties and powt;:rs
conferred by law and those specified and enumerated in its Articles of Incorporation and Bylaws,
the Association shall also have such duties and powers as are, respectively, imposed and
conferred upon it pursuant to this Declaration, including, without limitation, such duties and
:OR7Il694;S:
11
powers as may be reasonably necessary for, and incidental to, the accomplishment of the objects
and purposes for which the Association has been created and established.
Section 3. Common Property. The Association, subject to the rights of the Owners
set forth in this Declaration, as well as the maintenance obligations of the owners set forth in
Article X, Section 14, shall be exclusively responsible for the management, operation and control
of the Common Property and all improvements thereon (including, without limitation,
furnishings and equipment related thereto and common landscaped areas) and shall keep the
Common Property in good, clean, attractive, and sanitary condition, order, and repair, pursuant
to the terms and conditions hereof and consistent with the Community-Wide Standard.
Section 4. Personal Property and Real Property for Common Use. The Association,
through action of its Board, may acquire, hold, and dispose of tangible and intangible personal
property and real property. The Board, acting on behalfpf,t~e Association, shall accept any real
or personal property, leasehold, or other property intsr5sts\.Vithin the Property conveyed to it by
the Declarant. /,/
.''', ~""
/-"""'" . '-" \,
Section 5. Duties of the Association. The A,ssoci~tl(W' acting by and through its
Board, shall, in addition to those general and specifi~dtiti~: responsibilities, obligations and
powers elsewhere referenced in this Declaration or impo)e4uppn it by law or specified in its
Articles of Incorporation and Bylaws, have the following SpecIfic duties, responsibilities and
obligations: ",-_ "
,
,
j'
A. To pay all Common Expenses and any other expenses associated with the
management and administ~ationofthe business and affairs of the Association.
B. To establish;,make, levy, impose, enforce and collect all Assessments for
which provision is madein.this DedIaration or which shall otherwise be necessary to provide and
assure the availability of:, such J~iiids,as,^may be reasonably necessary to pay all Common
Expenses or otherwise conduct the 6usiness,~daffairs of the Association.
C. To maintain~d operate all Common Property, the deterioration of which
would adversely affect the appearance or the operation of the Common Property. The
Association shall adopt standards of maintenance and operation required by this and other
Subsections within this Section 5 which are consistent with the Community-Wide Standard. In
all events, however, the Common Property shall be maintained and operated in compliance with
any and all governmental permits, rules, regulations or requirements.
D. To maintain, repair or replace any of the Property, or any improvements,
structures, facilities or systems located thereon, as and to the extent provided in this Declaration
and with respect to which the Association has been granted an easement for said maintenance.
E. To take any and all actions necessary to enforce all covenants, conditions
and restrictions affecting the Property and to perform any of the functions or services delegated
to the Association in this Declaration or in the Articles ofIncorporation or Bylaws.
F. To conduct the business of the Association, including but not limited to
administrative services such as legal, accounting and financial, and communication services
iOR711694;5i
12
informing Members of actIvItIes, Notice of Meetings, and other important events. The
Association shall have the right to enter into management agreements, including with companies
affiliated with Declarant, in order to provide its services, and perform its functions.
G. To establish and operate the ARB at such time that the Association IS
delegated such purpose and authority by the Declarant.
H. To adopt, publish and enforce such rules and regulations as the Board
deems necessary in connection with the fulfillment of the duties and powers of the Association
arising pursuant to this Declaration, the Articles of Incorporation, the Bylaws or by any other
applicable laws.
1. At the sole option and discretion of the Board, to conduct recreation, sport,
craft, and cultural programs of interest to Members, their families, tenants and guests and
charging admission fees for the operation thereof. /~;~).
J. To construct improvemenJ~'-:{:~~ommdhfroperty as may be required to
provide the services as authorized in this Article v~. ""'. ) ~'.
>'~,/ "
j
K. The Association may also provide extenor maintenance upon any Lot the
responsibility for w?ich mainten~nce bci~ng~.,t.? the O~ner df~';ud,~ot but .wh~ch, i~ the opinion
of the Board, reqUIres such mamtenance \p~caus~ saId Lot IS"~e1ng/,mamtamed m a manner
inconsistent with the Community- Wide St~dard"of.th~. PropertYjor/other requirements of this
Declaration. The Association shall notify the\'Own~of~3id:LQUr{writing, sp~cifying the nature
of the condition to be corrected, and if the OWnerl1as not'com::cted the condition within fifteen
\ v , \ ,.-
(15) days after date of said notice, the Association may correct such condition. Said
maintenance may include, but is not limited to, 'painting, repairs, replacement and maintenance
of roofs, gutters, down spouts, exterior buildihg~urfaces, trees, shrubs, grass, and other
landscape items, walks and other exterior improvements. For the purpose of performing the
exterior maintenance authorized by this Subsection 5.K., the Association, through its duly
authorized~agents'oremployees, shall have the right, after reasonable notice to the Owner, to
enter upon any Lot or structures or improvements located therein at reasonable hours on any day
except Saturday and Sunday; provided, however, the Association shall have the right of entry
without notice, at any time and on any day, if necessary to correct an emergency situation. The
cost of such,.rnaintenance shall be assessed against the Lot upon which such maintenance is
performed as a Special Assessment as provided in Article VIII, Section 5.
L. . To'establish any use fees and promulgate rules and regulations respecting
the use of Common Property and Association facilities by Members and persons other than
Members.
M. To engage in any activities reasonably necessary to remove from the
Common Property any pollutants, hazardous waste or toxic materials, and by Special
Assessment, recover costs incurred from the Owner(s) causing or upon whose property such
materials were located or generated.
N. Subject to the Board's sole discretion in determining the types of
msurance coverages to purchase, and the amounts thereof, to provide adequate insurance
:OR711694;5:
13
\
protection on and for the Common Property and, consistent with their respective duties,
responsibilities and liabilities, provide adequate insurance protection on and for the Association
itself and its officers and directors, as well as for the members of the ARB established pursuant
to this Declaration.
Section 6. Powers of Association. The Association, acting by and through its Board,
shall, in addition to those general and specific powers referred to herein or conferred upon it by
law, and those powers specified in its Articles of Incorporation and Bylaws, have the following
specific powers: . /"
//'~.
A. Except as may be limited by the terms of ~Q.iscPeclaration and the Articles
of Incorporation and Bylaws, to acquire, own, hold, contr~l/'adininister, manage, operate,
regulate, care for, maintain, repair, replace, restore, prese~(protec~~nsure, buy, sell, lease,
transfer, convey, encumber or otherwise deal in or with real o~ersonal'pr'6p~rty (or any interest
therein, including easements) (i) which is, or upon its acquIsition by"'the"'.Association shall
thereupon become, Common Property as defined in this Declaration, includillg the power to
enter into any leases or other arrangements with appropriate governmental agen2i~s'ne'cessary for
the use of sovereignty lands associated with any of the Common Propetfy, or (ii) the
responsibility for which is delegated to the Association pursuant to the terms and provisions of
this Declaration. \""
\ '~
B. To establish, make~~~~mpQ.se, enforce and collect all Assessments and
impose, foreclose and otherwise enforce all\~iensi'oJ;',..Asse~,sments for which provision is made in
this Declaration in accordance with the terms, and provisi~ns'oLthis Declaration and the Articles
ofIncorporation and Bylaws. \\/." ""', /' .
"\ /.>1"
C. To establish, make, levy, \impose, enforce and collect fines against any
Owner for any violation of the covenants, conditio~s~and restrictions set forth in this Declaration,
or of the rules and regulations of the Association; provided, however, that except for a failure of
an Owner t<? ~pay any Assessment when due and with respect to the rights of the Association in
connection'therewith,' any fines imposed pursuant to this Declaration shall be made by the
Association, or a committee duly appointed by the Association for that purpose, only after
appropri~te.notice and hearin.ggiven and held in accordance with the Association Act.
D. To create, establish, maintain, and administer such capital expenditure
reserves and other reserve ;funds or accounts as shall, in the discretion of the Board, be
reasonably necessary ,to pr~vide and assure the availability of funds necessary for the care,
maintenance, repair, replacement, restoration, preservation, and protection of all Common
Property, including all' .easements and facilities, and for such other purposes as the Board, in its
reasonable discretion, shall deem necessary or appropriate.
E. To sue and be sued and to defend any suits brought against it.
F. Subject to the limitations specified in Section 7 of this Article VI, to
borrow such money as may reasonably be required to discharge and perform the duties,
responsibilities and obligations imposed upon the Association pursuant to this Declaration.
:OR711694;5:
14
G. To employ such persons or to contract with such independent contractors
or managing agents as shall be reasonably required in order for the Association to carry out,
perform and discharge all or any part of its duties, obligations and responsibilities pursuant to
this Declaration and the Articles of Incorporation; provided, however, that any such employment
contract or contract with any independent contractor or managing agent for a term of more than
one (I) year shall, by its express terms, be terminable (i) for cause at any time upon not more
than thirty (30) days written notice by the Association and (ii) without cause at any time after
one (1) year upon not more than sixty (60) days written notice by either party; and, provided
further, that any such contract shall otherwise be subject to the pro,:jsi~ns of Section 7 of this
Article VI. /</~~':~"
//
H. Subject to the rights of the City and th~e9~~;Y'under applicable franchise
agreements, to itself provide equipment, facilities and petsonn11" ~r',,- to contract with an
independent contractor or independent contractors, for such p~plic oi'q~asi~public services as
may be deemed by the Association to be reasonably necessary or desira~k{or the common
health, safety and general welfare of the residents, including, without limitation;jntemal security
and protection services, garbage and trash pickup and disposal services, cable telev.isIon services
and street lighting services. )/
I. To take such ste~s,,~s may be necessary to enforce the provisions of this
Declaration, including, without limitatio;n'the",employment of counsel and the institution and
prosecution of litigation to enforce the\'l.prQYlsions of this Declaration including, without
limitation, such litigation as may be nece~sarY'lo,,~<>11ect Assessments and foreclose liens for
which provisions are made in this Declarati01:, /</~ >-,--:>
\\' . //./ "'" >,/
\' ,,' ) /
J. To encourage, cause, facilitate, assist and cooperate in the formation,
establishment and operation of a Community D~yelopment District and/or Municipal Services
Taxing Unit ("MSTUs")/Benefit Unit ("MSBUs").\ '-j'
Section 7. Limitations and Restrictions on Power of Association. In addition to such
other restrictions or limitations on the powers of the Association as may be imposed by law,
elsewhere in this Declaration or in the Articles of Incorporation or Bylaws, and without limiting
the generality of any thereof, the Association shall be prohibited from taking any of the
following actions without the prior approval of a majority of the Members of the Association
present, in person or by proxy, at a special meeting of the Members of the Association held for
the specific purpose of obtaining member approval ofthe following actions:
A. The entry into employment contracts or other contracts for the delivery of
services or materials to the Association having a term in excess of one (I) year, except in the
case of prepaid insurance, casualty or liability contracts or policies for not more than three (3)
years duration; provided that the applicable contract or policy provides for and permits early
cancellation by the insured.
B. The borrowing of any funds secured by a pledge, assignment or
encumbrance of the right and duty of the Association to exercise its power to establish, make
levy, impose, enforce and collect any Assessments for which provision is made in this
Declaration whereby as a result of such pledge, assignment or encumbrance such right and
:OR711694;S:
15
power of assessment may be exercised by a party other than the Association or whereby the
Association shall become obligated to establish, levy, enforce and collect any Assessment or
Assessments in a particular amount or within a particular time so as to effectively divert from the
Association and its Board the right, duty and discretion to establish, make, levy, impose, enforce
and collect Assessments in such amounts and within such time periods as the Board, in its
discretion, shall deem to be necessary and reasonable. It is expressly provided, however, that the
foregoing limitation and restriction upon the pledge, assignment or encumbrance of the
assessment rights herein contained shall not preclude the Association from pledging or making
an assignment of or otherwise encumbering any Assessment which i~Ab,en payable to or which
will thereafter, in the ordinary course of the Association's busi!leSs;-bepome payable to the
Association provided that any such assignment, pledge or enc~rribf~nce, though then presently
effective, shall allow and permit any such Assessments to contijlUe~o b~ paid to and used by the
Association as set forth in this Declaration unless and until <the Assdeiafion shall default on the
repayment of the debt which is secured by such pledge, asgl~'~nt or eric~brance.
/ ',,~--..' ~ '.
/ / ~ "
, ,/ ,
C. The sale, transfer or other disp~~ition, wpether or not fo~ rionsicieration, of
any real property owned by the Association as':Gq,~on Pr6pe,rty; provided,"h~~~ver, in no
event shall the Association be entitled or empowered'to,Sell, 9onvey;,or transfer aJ,y real property
constitut~n~ Commo? Pro~erty transferred and conveyed'b~D~clarant to the Association without
first receIvmg the pnor wntten consent of Declarant. Furtlie~up~n the request of Declarant, the
Association shall re-convey to Declarant, or convey directly"to'\~ Cpmmunity Development
District or MSTUs/MSBUs, any Common Property previously\conveyed by Declarant to the
Association, in the event such original CODy"yance was made in eh6r or in the event Declarant
seeks to cause or assist in the establishment, creation or operation of Community Development
District or MSTUs/MSBlJs,~qr in, the event Declarant modifies the final Approved Plat/Final DP
or Plat in such manner/as to require. the incorporation of the affected Common Property into Lot
use. Any such reconveyance shall automatically cause all of the easements created under Article
VII or any plat of the "Property itQ be automatically void, released and vacated without the
requirement of any written'~relea.se',fromany easement holder. Notwithstanding anything to the
contrary contained in the foregoing, the 'Association shall not be permitted to sell, transfer or
otherwise dispose of any lands upon which is contained any part of the Surface Water
Management System, or any facilities associated with the operation of such system, without the
prior written consent of the SJRWMD, the City and the County.
Section 8. No Compensation to Directors or Officers. The payment of compensation
to the elected directors or to the officers of the Association for services performed in the conduct
of their duties is prohibited; provided, however, that nothing herein contained shall preclude the
Association from reimbursing any such elected director or officer for reasonable expenses
actually incurred and paid by any such elected director or officer in the conduct of the business
and affairs of the Association; and provided, further, that nothing herein contained shall preclude
the employment by the Association and payment of compensation to a manager or executive
director of the Association who shall not be an elected director or officer of the Association.
:OR711694;5:
16
ARTICLE VII
EASEMENTS
Section 1. Access and Use Easements. Declarant grants to all Owners (and their
guests, lessees, and invitees) as an appurtenance to the ownership of a Lot held by such Owner,
but subject to this Declaration, the Articles of Incorporation and Bylaws and the rules and
regulations promulgated by the Association pursuant to this Declaration, a perpetual non-
exclusive easement for ingress and egress over, across and through, and for use and enjoyment
of, all Common Property; such use and enjoyment to be shared in common with the other
Owners, their guests, invitees as well as the guests, lessees and invitees of the Declarant.
Notwithstanding anything in the foregoing to the contrary, the above referenced easement, as
same relates to any Limited Common Property, shall be deemed granted to only those Owners to
whom the use and enjoyment of such Limited Common Property has been dedicated and
reserved by Declarant. Provided, further, with respecs-tO,a!1 Common Property, the Declarant
reserves the right, but not the obligation, to main~a~"ana~use all rights of way associated
therewith, and to maintain and place Declarant's sigrt~'ihereon,~,
Section 2. Utility Easements. The ~~~1>resede~~to itself (and its successors or
'" ." / / 'c.
assigns) for so long as the Declarant owns any of the Prop~(and the Association thereafter, the
right t.o grant. e~seme~~s to any private ~ompa~y,. public~r"private utility or governmental
authonty provIdmg utIlIty and other servIces wIthm the Propert.y and the Common Property
upon, over, under and across the Property. Said easements shalib~y-b€ given for the purpose of
maintaining, installing, repairing, altering and operating sewer line's/irrigation lines, water lines,
waterworks, sewer works, force mains, lift stations, water mains, sewer mains, water distribution
systems, sewage disposaL~ystems, effluent disposal lines and systems, pipes, wires, fiber optics
lines, power lines, telephone ser::yice, gas lines, syphons, valves, gates, pipelines, cable television
service, alarm syste..wsand all'tnachinery and apparatus appurtenant thereto, to all of the
foregoing as may be necessary o~ d~sirable for the installation and maintenance of utilities and
providing services to owri.~rs,Ahe;.J)!operty and Common Property, all pursuant to and in
compliance with, all applicable permits, rules and regulations of any applicable governmental
authorities. All such easements!o be of a size, width and location as Declarant (or the
Association, if after Turnover), in its discretion, deems best but selected in a location so as to not
unreasonably interfere with the use of any improvements which are now, or will be, located upon
the Property. ln addition, with respect to each Lot and dwelling constmcted thereon which
constitute either end of a Block, the Declarant hereby reserves to itself, its sllccessors and
assigns, and to such other persons as Declarant may from time to time designate in writing, an
easement for purposes of placing, attaching, installing, maintaining, operating, altering and
repairing an electrical meter bank on and upon each such Lot and residential dwelling. The
location of such electrical meter bank may be changed from time to time by Declarant, in its sole
and ab.solute discretion.
Section 3. Declarant Easements. The Declarant hereby reserves to itself, its
successors and assigns, and to such other persons as Declarant may from time to time designate
in writing, a perpetual easement, privilege and right in and to, over, under, on and across the
Common Property for ingress and egress as required by its officers, directors, employees, agents,
independent contractors, invitees and designees. Declarant reserves the right to impose further
restrictions and to grant or delegate additional easements and rights-of-way on any of the
IOR711694;5:
17
Property owned by Declarant. The easements granted by Declarant shall not structurally weaken
any improvements or unreasonably interfere with enjoyment of the Property. Declarant reserves
for itself, its successors and assigns, an exclusive easement for the installation and maintenance
of security and television cables and wire within the rights-of-way, Common Property, and
easement areas referred to hereinabove.
Section 4. Service Easements. Declarant hereby reserves to itself (and its successors
or assigns) for so long as the Declarant owns any of the Property, and the Association thereafter,
the right to grant to delivery, pickup and fire protection services, police and other authorities of
the law, United States mail carrier, representatives of electrical, telephone, cable television and
other utilities authorized by the Declarant, its successors or assigns to service the Property, and
to such other persons as the Declarant from time to time may designate, nonexclusive, perpetual
easement rights over and across the Common Property for the purpose of performing their
authorized services and investigations. /<'" " .
Section 5. Emergency. Security and SafeW'/~~'::, of Entry. The Association shall
have the right, but not the obligation, to enter O!.1fo~y,Lot fo~'e,mergency, security, and safety,
which right may be exercised by the Board, officers,:\agent~;--'e~ployees, managers, and all
policemen, firemen, ambulance personnel, and similar )mer.~ency personnel in the performance
of their respective duties. Except in an emergency ~ltu~~io,n, entry shall only be during
reasonable hours and after notice to the Owner. This right of'entry shall include the right of the
Association to enter onto any Lot to cure any condition which in~Y'~crease the possibility of a
fire or other hazard in the event an Owner fails or refuses to cure Jhe condition upon request by
the Board. (,'
Section 6. Easements of Encroachment. There shall be reciprocal appurtenant
easements of encroachment, and for maintenance and use of any permitted encroachment, as
between all Lot and such portion or portions of the Common Property adjacent thereto due to the
unintentional placement or settling or shifting of the improvements constructed, reconstructed, or
altered ther~OI((in accordance with the terms of these restrictions) to a distance of not more than
three (3) feet,' as measured from any point on the common boundary along a line perpendicular to
such boundary at such point;,provided, however, in no event shall an easement for encroachment
existifsuchencroachment'occurred due to willful and knowing conduct on the part of an Owner
or the Association.
Section 7~. Drainage Easements. There is hereby created, declared and reserved for
the benefit of Declarant, the City, the County, the Association and all Owners a non-exclusive
easement for stormwatei management, collection, retention, detention and drainage under, over,
upon and within all portions of the Property included within the Surface Water Management
System, including, but not limited to, all drainage easements, ponds and tracts shown on any plat
of the Property, together with an easement and license in favor of the Declarant, the City, the
County, the SJRWMD and the Association only to enter upon such areas, and as necessary other
portions of the Property adjacent thereto, for the purposes of constructing, installing, inspecting,
maintaining, repairing and replacing any and all storm water drainage systems, improvements and
facilities including, but not necessarily limited to, berms, swales and retaining walls, from time
to time located therein or thereon consistent with the plans for the Surface Water Management
System. Additionally, Declarant, for the benefit of itself, the City, the County, the SJRWMD,
:OR711694;5:
18
\
the Association and all Owners, hereby reserves easements over any and all other portions of the
Property as may be reasonably required from time to time in order to provide stormwater
drainage to all or any portions of the Property; provided, however, that any such additional
drainage easements shall not unreasonably interfere with the use and enjoyment by any Owners
of the particular Lot. The foregoing easements are sometimes hereinafter referred to as the
"Stormwater Easements."
The Declarant intends to construct berms and drainage swales within portions of the
Stormwater Easements for the purpose of managing and containing the.Jlow of surface water, if
any. Each Owner, including builders, shall be responsible for the,A:6ai~tenance, operation and
/ ./ '-..."
repair of the berms and drainage swales on their respective Lot. ~ik~wise, the Association shall
be responsible for the maintenance, operation and repair of th~b-em1s,and drainage swales that
are not located on a ~ot (e.g. w~thin the Common .Property)<~ainte:i1~Ce, ~peration and repair
shall mean the exerCIse of practices, such as mowmg and erosI<?p repaIt~'m,~h allow the berms
and drainage swales to provide drainage, water storage, conveyance oJ 'Q!her stormwater
management capabilities as permitted by the SJRWMD. Filling, excavation" eonsJfUction of
fences or otherwise obstructing the surface water flow in the berms and d~ip,;;ge" swales is
prohibited. No alteration of the berms and drainage swales shall be authorized ~a any damage
to any berms and drainage swales, whether caused by natural or human-induced phenomena,
shall be repaired and the berms and drai:p.age swales returned to their former condition as soon as
possible by the party (i.e. Owner or the .Association) having responsibility for the maintenance of
the damaged berms and drainage swales. \\'~', ''''-,
".- .~ ",
Section 8. Wall, Entrance FeatJ~e an~Lan'&cape-'/Easements. There is hereby
created, declared, granted and reserved fort~e<bEmefit o~,Declaranf and the Association an
easement over and upon all wall, entrance feature and landscape easement areas shown on any
plat of the Property ("Wall and Landscape Easetrlents") together with an easement and license to
enter upon such Wall and Landscape Easement a~e~;for the purposes of erecting, constructing,
installing, inspecting, maintaining, repairing and. replacing any and all entrance features,
screening \yall~.orfences, and the installation and irrigation of any landscaping therein, which
may be required by 'the City, the County and/or deemed to be necessary or desirable by Declarant
or the/Association. . ,
/
Section 9. Planting and Screening Easements. There is hereby created, declared,
granted and reserved for the benefit of Declarant and the Association an easement for planting
and screening purPoses ("Planting and Screening Easements") over and upon all planting and
screening easementareas'centry ways, medians and landscape buffers shown on any plat of the
Property, if any, or hereafter declared by Declarant, together with an easement and license to
enter upon such areas' for the purposes of installing, maintaining, inspecting, repairing and
replacing any and all landscaping, including trees, grasses, shrubs, bushes, ground covers and
other plant materials and irrigation systems of any kind, whether the same shall be required by
the City, the County and/or deemed necessary or desirable by Declarant or the Association.
Section 10. Construction and Marketing Easements. There is hereby created,
declared, granted and reserved for the benefit of Declarant together with the right to grant, assign
and transfer the same to Declarant's sales agents and sales representatives as- well as to builders
or building contractors approved by Declarant for the construction of residences within the
:OR711694;5:
19
Property, an easement for construction actIvItIes upon a Lot and an easement for marketing
activities and signs on a Lot and for the maintenance on a Lot from time to time of model centers
in which and from which Declarant and its authorized sales agents and sales representatives and
approved builders and building contractors may engage in marketing and information activities
on a temporary basis during the period of the development of and construction within the
Property ("Construction and Marketing Easements"), provided, however, that such marketing
activity shall be conducted from and within buildings constructed as single family residential
dwel!ings which are temporarily used for such activities and which are thereafter to be sold, used
and occupied as single family residential dwellings. The location of such model centers may be
changed from time to time by Declarant, in its sole and absolute dis9fc{tio~\>
//
Section 11. Association Easements. There is herebY~~f~~, declared and granted to
the Association, such perpetual, non-exclusive easements ov~:;ind ~o,n'aIJ or any portion of the
Property, as may be reasonably necessary to permit the Associ'itj,on to dl.1:ry'o~t and discharge its
duties, obligations and responsibilities under and pursuant to this Declaration and the Articles of
Incorporation, Bylaws and rules and regulations of the Association, includin~b.;u'ilot)imited to,
for purposes of performing its maintenance responsibilities as provided in "i1ti~>Declaration
("Association Easements"). Such Association Easements shall be in addition toJhe Stormwater
Easements hereinabove granted to the Association pursuant to Section 7 of this Article VII.
" .....,
Section 12. Conservation Ease!nents. Declarant reserves the right to grant
Conservation Easements to qualified grahtees ovec,,-and across Common Property, lakes, open
space, areas dedicated to the use of the gen'etalpubli.c:br,,~ll or any portion of the Surface Water
Management System or any other portion \Sf the/}>roperty--as::>required by the SJRWMD in
connection with any permits or other approvals1a:S'sociatedwitl{ the Surface Water Management
System. The Conservation Areas, or the A~~pciation's <'i~terest therein, shall be Common
Property and the Conservation Areas shall be the\p~rpetual responsibility of the Association and
may in no way be altered from their natural stmC except as specifically provided in the
Conservation Easements. ' /
Sectio'n -1'3:' ..Future Easements. There is hereby reserved to Declarant and its
succe~sors and assigns, 'together with the right to grant and transfer the same, the right, power
and privilege to, at any time . hereafter, grant to itself, the Association, the City or any other
parties such other further arid additional easements as may be reasonably necessary or desirable,
in the sole ~'pinion and within the sole discretion of Declarant, subject to the reasonable approval
of the City, forth~future orgerly development of the Property in accordance with the objects and
purposes set forth ,in thi~,Declaration. Any such easement(s) shall be recorded in the Public
Records of the County. It is expressly provided, however, that no such further or additional
easements shall be granted or created over and upon a Lot if any such easement shall
unreasonably interfere with an Owner's plans to use or develop a particular Lot as a single
family residential home site. The easements contemplated by this Section 13 may include,
without limitation, such easements as may be required for utility, drainage, road right-of-way or
other purposes reasonably related to the orderly development of the Property in accordance with
the objects and purposes specified in this Declaration. Such further or additional easements may
be hereafter created, granted, or reserved by Declarant without the necessity for the consent or
joinder of any other persons including, but not necessarily limited to, the Owner of, or the person
:OR711694;5:
20
holding the mortgage on, the particular portion of the Property over which any such further or
additional easement is granted or required.
Section 14. Extent of Easements. The rights and easements of enjoyment created in
this Article VII shall be subject to the following:
A. The right of the Declarant or the Association, in accordance with the
Articles of Incorporation and Bylaws, to borrow money from any lender for the purpose of
improving and/or maintaining the Common Property and providing s,ervices authorized herein
and, in aid thereof, to mortgage said Property. ,/>:~~~
/(
B. The right of the Association to suspen~".Jhe"rights and easements of
enjoyment of any Member for any period during which any ~sessriIe.pt'remains unpaid, and for
any period, not to exceed sixty (60) days, for any infr)c~ion of"i~s:;Rublished rules and
regulations, it being understood that any suspension for either non-payment 'o~ any Assessment
or breach of any rules and regulations of the Association shall not corlstitjlte a waiver or
discharge of the Member's obligation to pay the Assessment. '\'\ '.-'
j,
C. The right of the Association to charge reasonable admission and other fees
for the use of any recreational facility that may be situated on or in the Common Property.
D. The Board shall have the power to place (and remove after notice) any
reasonable restrictions upon any roadways owned by the Association including, but not limited
to, the maximum and minimum speeds of vehicles using said roads, all other necessary traffic
and parking regulations, and the maximum noise levels of vehicles using said roads. The fact
that such restrictions on Jhe'use,of ~uch roads shall be more restrictive than the laws of any state
or local government having jurisdiction over the Property shall not make such restrictions
unreasonable. ' ,
E. The rightofthe Association to give, dedicate, mortgage or sell all or any
part of the Common Property (i~cluding leasehold interest therein) to any public agency,
authority, or utility or private concern for such purposes and subject to such conditions as may be
determined by the Association provided that no such gift or sale or determination for such
purposes or conditions shall be effective unless the same shall be authorized by two-thirds (2/3)
of the votes of Members of the Association, and unless written notice of the meeting and of the
proposed agreement and action thereunder is sent at least thirty (30) days prior to such meeting
to every Voting Member. A true copy of such resolution together with a certificate of the results
of the vote taken thereon shall be made and acknowledged by the President or Vice-President
and Secretary or Assistant Secretary of the Association, and such certificate shall be annexed to
any instrument or dedication or transfer affecting the Common Property, prior to the recording
thereof. Such certificate shall be conclusive evidence of authorization by the Members.
ARTICLE VIII
ASSESSMENTS
Section I. Creation of the Lien and Personal Obligations of Assessments. Each
Owner of any Lot shall, by acceptance of a deed therefor or other foml of conveyance thereof,
regardless of whether it shall be so expressed in any such deed or other conveyance, be deemed
:OR711694;5:
21
to covenant and agree to pay the Association: (1) Annual Assessments and (2) Special
Assessments, all fixed, established and collected from time to time as hereinafter provided. The
Assessments together with such interest thereon and costs of collection provided herein shall be a
charge and continuing lien as provided herein on the real property and improvements of the
Owner against whom each such Assessment is made. Assessments, together with such interest
thereon and cost of collection, shall also be the personal obligation of the person who was the
Owner of such real property at the time when the Assessment first became due and payable. In
the case of co-ownership of a Lot, all of such co-owners shall be jointly and severally liable for
the entire amount of the Assessment.
The liability for Assessments may not be avoided by waiver of the use or enjoyment of
any Common Property or by the abandonment of the property against which the Assessment was
made. No diminution or abatement of Assessment or set-off shall be claimed or allowed by
reason of any alleged failure of the Association or Boa;:d'tq, take some action or perform some
function required to be taken or performed by the Asso~iafiori'or Board under this Declaration or
the Bylaws, or for the inconvenience or discomf6ri' arising from the making of repairs or
improvem~nts which are t~e responsibi.lity of ~the~.As~oci~ti~n~,..or from any a.ct,ion taken to
comply WIth any law, ordmance, or WIth any order-~ot,~, ;F~,.c.tlve: of any mUnIcIpal or other
governmental authority. " <'
'.
Section 2. Purpose of Annual Assessments. The ~ual Assessments levied by the
Association may be used for the acquisition, improvement, 'ina:futenance, enhancement and
operation of the Common Property and to provide services and )perform functions which the
Association is authorized or required to perform pursuant to this Declaration, including, but 'not
limited to, the payment.,."ortaxes and insurance, construction, repair or replacement of
improvements, payment ,of the, costs to acquire labor, equipment, materials, management and
supervision necessary to ,carry o'utltS authorized functions, and for the payment of principal,
interest and any other charges conn~_cted with loans made to or assumed by the Association for
the purpose of enabling the'~sodatip#toperformits authorized or required functions.
Section 3. Capital Budget and Reserve Fund Contribution. The Board shall annually
prepare a capital budget to take into account the number and nature of replaceable assets, the
expected life of each asset, and the 'expected repair or replacement cost to be incurred by the
Association, and shall establish a reserve fund for such anticipated expenditures. The Board
shall set the required reserve fund, if any, in an amount sufficient to pemlit meeting the projected
capital needs of the Association, as shown on the capital budget, with respect both to amount and
timing of Annual Assessments over the period of the budget. The reserve fund required, if any,
shall be fixed by the Board and included within and distributed with the budget and Annual
Assessment. Any reserve fund established by the Board shall be held in an interest-bearing
account or investments.
Section 4. Timing of and Budgeting for Annual Assessments. It shall be the duty of
the Board, at least once each fiscal year, to prepare a budget covering the estimated Common
Expenses of the Association during the coming year. The budget shall include a capital
contribution establishing a reserve fund in accordance with a capital budget separately prepared
in accordance with Section 3 hereof. The budget shall also include separate line items estimating
the Common Expenses allocable to Limited Common Property in accordance with Article IV,
:OR711694;51
22
Section 10 of this Declaration including, but not limited to, expenses associated with the various
Service Areas within the Property in accordance with Article X, Section 14 of this Declaration.
The Annual Assessments to be levied for the coming year against each Lot subject to
Assessment, shall be computed by dividing the budgeted Common Expenses by the sum of all
Lots. The resulting figure shall be the "Assessment per Lot." Except as set forth in Section 6
below with respect to Declarant, Class A Members and Class B Members shall pay the
Assessment per Lot for each Lot owned by such Member. Notwithstanding anything in the
foregoing to the contrary, the Annual Assessments for Common Expenses attributable to Limited
Common Property shall be computed by dividing such budgeted Common Expenses by the sum
of all Lots responsible for such Common Expenses and the resulting Assessment per Lot shall be
assessed against, and paid by, only the Members owning such Lots.
The Board shall cause a copy of the Common Expense budget and notice of the amount
of the Annual Assessment to be levied against each Lo(for the following year to be delivered to
/' ,
each Owner at least thirty (30) days prior to the beginning of the fiscal year. Such budget and
assessment shall become effective unless disappt<zVed at a ilie~eting of the Voting Members
(and/or their representatives) by the vote of Voting M~b~~tepre.eenting at least a majority of
each class of Members entitled to vote. There shall be"n9~15iigation to call a meeting for the
purpose of considering the budget except on petition of the 'Voting Members as provided for
special meetings in the Bylaws. , ~.,"'~_,>.
Notwithstanding the foregoing, however, in the event the pt9p6sed budget is disapproved
or the Board fails for any reason so to determine the budget for an)ryear, then and until such time
as a budget shall have ,been ',determined as provided herein, the budget in effect for the
immediately precedinKybafshai~ cbntinue for the current year.
,I
, '
At the discretion of the Board, the Annual Assessments for any year may be paid by
Owners in quarterly installments/Q~e :and"payable by the first (1st) day of January, April, July
and October of~each ,xear. Absent any such determination by the Board permitting payment in
quarterly installinents; the Annual Assessment for any year shall be due and payable by January
1 of such, year. Any Annual Assess,mentnot paid by January 15, if payable in one lump sum, or
the fifteenth (15th) day of January, April, July or October if paid quarterly, shall be considered
delinquent.
In the event that the Board shall determine during any calendar year that the Annual
Assessment established for'such calendar year is or will become inadequate or insufficient to
meet all Common Expenses for such calendar year, for whatever reason, the Association shall be
entitled to immediately determine the approximate amount of such deficiency or inadequacy,
issue a supplemental estimate of Common Expenses to all Owners and, within thirty (30) days
thereafter, establish, make, levy, impose, enforce and collect a supplemental or revised Annual
Assessment for such calendar year.
Section 5. Special Assessments. The Association may levy, from time to time, a
Special Assessment for the purpose of defraying, in whole or in part, the cost of any construction
or reconstruction, or the unexpected repair or replacement of any capital improvement to or upon
the Common Property or the cost of the initial purchase or any subsequent unexpected repair or
:OR711694;S:
23
replacement of any equipment or personal property purchased, repaired or replaced by the
Association in furtherance of the discharge of its duties and obligations pursuant to this
Declaration. The obligation to pay Special Assessments shall be computed on the same basis as
for Annual Assessments; provided, however, that if the Special Assessment is made with respect
to Limited Common Property, including, but not limited to, Common Expenses associated with
Service Areas in accordance with the provisions of Article X, Section 14, then the Owners
designated by Declarant to utilize and realize the benefits of the Limited Common Property shall
be responsible for, and shall be assessed, the Special Assessment in accordance with the
provisions of Article IV, Section 10 ofthis Declaration. 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, if the Board so
determines.
The Association may also levy a Special Assessment against any Owner to reimburse the
Association for costs incurred pursuant to Article VI, Section 5 in bringing an Owner or its Lot
into compliance with the provisions of this Declaration, the Articles of Incorporation, the
Bylaws, or the Association rules and regulations, which Special Assessment may be levied upon
the vote of the Board after notice to the Owner and an opportunity for a hearing.
Section 6. Assessment of ,pe~larant. Notwithstanding any provision of this
Declaration, the Articles of Incorporation or,-B,ylaws to the contrary, Declarant may, at its sole
option, for as long as there is Class B rl\e'p1b~~rshiR, in the Association, in lieu of paying any
Assessment imposed on any Lot owned by~heDeC~arant,_pay only the deficit, if any, between
the total amount of the Assessments and the'actual(costsjncurred by the Association to operate
~ ,', '"" ~
the Association during the fiscal year. This obligation may Joe satisfied in the form of a cash
subsidy or by "in kind" contributions of servi~'es or materi-als, or a combination of these. The
Association is specifically authorized to enter into subsidy contracts or contracts for "in kind"
\, ,',
contribution of services or materials or a combinatioir6f services and materials with Declarant or
other entities for the payment of some portion of the Common Expenses, Notwithstanding
anything in the foregoing to the contrary, Declarant shall have no responsibility for operating
deficits ofthe Association except to the extent that Declarant elects to pay such deficits in lieu of
any Assessment as described above. Upon termination of the Class B membership in the
Association"as hereinabove provided, the Assessments against any Lot owned by Declarant shall
be assessed against Declarant as a Class A Member, consistent with Declarant's ownership of
such Lot After the Class B membership has been terminated, Declarant shall have no
responsibility for,operating deficits of the Association.
Section 7. Duties of the Board. The Board shall prepare a roster of Owners and
Assessments applicable thereto which shall be kept in the office of the Association and shall be
open to inspection by any Owner.
Section 8. Working Capital. For Lots sold after the date this Declaration is recorded
in the Public Records of Seminole County, Florida, upon acquisition of record title to a Lot by
the first purchaser thereof other than (i) the Declarant and (ii) an Owner who purchases solely for
the purpose of constructing a dwelling thereon for resale, and in addition to any Assessment that
may be due with respect to such Lots for such year, a contribution shall be made by or on behalf
of such first purchaser to the working capital of the Association in an amount equal to the greater
:OR711694;5:
24
of: (i) One Hundred Fifty and NollOO Dollars ($150.00), or (ii) two-twelfths (2/12) of the
amount of the Annual Assessment per Lot for the calendar year in which such acquisition occurs,
which contribution is not refundable, shall be in addition to, and not in lieu of, the Annual
Assessment levied on the Lot and shall not be considered an advance payment of any portion of
the Annual Assessment. This amount shall be paid to the Association and shall be used for
operating expenses and other expenses incurred by the Association pursuant to the terms of this
Declaration and the Bylaws.
Section 9. Streets Account. In addition to the assessments, budgeting and reserve
funds described in the preceding Sections of this Article VII, and nornjth~t~pding anything to the
contrary contained therein, the Association must create, levy as~ssments for, deposit monies
into, retain in perpetuity and replenish from time to time, an am~t.fnt Suificient for the streets and
roads to be resurfaced and, if due to the condition of such stfeets aria,rdads resurfacing alone is
"I, ~''\.
insufficient, reconstructed no less frequently than every 1 O'-:years, and the amount must be
estimated and approved by the Declarant ("Streets Account"). Delcira:n~~as obtained an
estimate from its engineer, Pecht-Engineering, Inc., to resurface the Propos~fr~~:~ and roads
within the Property at a cost of $35,116.00. Such amount is not the final approved/estimate of
Declarant and is subject to expected increases in road construction costs, but is provided here for
purposes of providing Owners with notice of a preliminary estimate of the amount of such costs.
Deposits to the Streets Account must b~gi!l in the year in which the City issues its certificate of
co~pletion for the .streets and roads a~~miIsl.~e completed no ]~ter ~han the year of the lOth
annIversary of the Issuance of the certIfic~e~~lie,-q~ount depOSIted mto the Streets Account
each year by the Association must be no l~~.s tlian)one~te.~th of the estimate approved by the
Declarant. However, after Turnover, the schedule,(ofCleposits-rhay be altered such that one or
more annual deposits is less than one-tenth of ttie:~s'timate ~pr~ved by the Declarant, but only if
a simple majority or more of all Owners, by con~ent in writing or by voting at a meeting called in
accordance with the Bylaws of the Association:\approve the altered schedule. If the Owners
approve a different schedule of deposits, the r~vlscil schedule must result in the aggregate
amount of deposits during the 10-year period being equal to or in excess of the estimate
approved 9YJhe.,~ounty. At the end of each 10-year period, the Association shall revise and
update the/estimated"cost 'of resurfacing and/or reconstructing the streets and roads, as required
herein; at,Jhe end of the"next I O-year period, taking into consideration actual costs incurred and
expected,increases in road construction costs, and shall adjust the amount of its annual deposits
to its Streets '~ccount accordingly. If for any reason expenditures are made from the
Association's'8.tteet Account to'pay for resurfacing and/or reconstructing the streets and roads, as
required herein; ,prior to the end of the 10-year period, the amount of deposits to the
Association's Streets Acc<;Hl11t in the remaining years shall be adjusted so as to ensure that the
Streets Account contains:an amount sufficient at the end of the 10-year period to pay the costs of
all expected repair and/or reconstruction and resurfacing requirements.
Monies on deposit in the Streets Account, including any investment earnings, may be
used by the Association only for resurfacing and related reconstruction of the streets and roads
within the Property, as and to the extent required in the preceding provisions of this Section 9.
The monies on deposit in the Streets Account may not be expended earlier than the 10th
anniversary of the issuance of the certificate of completion without the approval of no less than a
simple majority of the Owners (excluding Declarant), which approval may consist of written
consent or voting consent at a meeting called in accordance with the Bylaws of the Association,
:OR711694;S:
25
and such approvals by the Owners will be valid only if obtained after Transfer of Control. Under
no circumstances may the monies in the Streets Account be expended before Transfer of Control.
Section to. Effect of Non-Pavrnent of Assessment; Personal Obligation of the Owner:
Lien: Remedies of Association. If any Assessment is not paid on the date due, then such
Assessment shall become delinquent and the entire Assessment, including future annual
installments of such Assessment, shall, together with interest thereon and cost of collection
thereof as hereinafter provided, become due and payable and be a continuing lien on the Lot that
is the subject of such Assessment which shall bind such property in the/bands of the then Owner,
the Owner's heirs, devisees, personal representatives, successors aI},ct;assi~s. The obligation of
the Owner to pay such Assessment, however, shall remain a personal obligation, notwithstanding
any disposition by such Owner of the Lot that is the s13bJ,ect"ar\,such Assessment. The
Association may record a notice of lien for delinquent Ass~ssments'in'th,e Public Records and
foreclose the lien in the same manner as a mortgage. Upon tecording~'the''lien shall secure not
only the amount of delinquency stated therein, but also all unpaid Asse~m~ts thereafter until
satisfied of record. ~. ", .
'" ;:.....,
,
If the Assessment is not paid when due, the Assessment shall bear intere,st/from the date
of delinquency at the highest rate allowed by Florida law, and the Association may bring an
action at law against the Owner personaJly obligated to pay the same or foreclose the lien against
the Lot, and there shall be added to the\amount of such Assessment the costs incurred by the
Association in connection with such actiQn,~a"i!l the event a judgment is obtained, such
judgment shall include interest on the Asse~~:nent~as,abo\(~ provided and a reasonable attorney's
fee to be fixed by the court together with the c,Osts 9fil1e'actlon;~/
- , \: ,-' -,,' ""-"\ ,,'
The Association,aCtlhg-J?n behalf of the\Owners, shall have the power to bid for the Lot
at foreclosure sale and to acquire" af!.d hold, lease,'.mortgage, and convey the same. During the
period in which a Lot is owned QYithe Association'following foreclosure: (a) no right to vote
shall be exercised on its behalf; (b)rio'Assess~ent shall be assessed or levied on it; and (c) each
other Lot shall be charged, j~ .addition to its equal assessment, its pro rata share of the
Assessment that would have been charged such Lot had it not been acquired by the Association
as a result of foreclosure. Suit to recover a money judgment against an Owner for unpaid
Common Expenses and attorney's fees and costs shall be maintainable without foreclosing or
waiving the lien securing the same.
In the event that any delinquent Assessment is not paid within ninety (90) days after the
delinquency date, the Owner's right to vote in Association matters shall be suspended, to be
reinstated only upon payment in full of such delinquent Assessment.
Section II. Subordination of the Lien to the Mortgages: Mortgagees' Rights. The
lien of the Assessments provided for herein is subordinate to the lien of any first Mortgage given
to an Institutional Lender now or hereafter placed upon a Lot; provided, however, that such
subordination shall apply only to the Assessments which have become due and payable prior to a
sale or transfer of such property pursuant to a decree of foreclosure, or any other proceeding in
lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any
Assessments thereafter becoming due, nor from the lien of any such subsequent Assessment.
Upon such sale or transfer, voting rights with respect to such Lot, that may have been suspended
:OR711694;5:
26
due to the failure of payment of any Assessments that were due and payable prior to such sale or
transfer, shall be reinstated.
An Institutional Lender, upon request, shall be entitled to written notification from the
Association of any default of an Owner of any obligation hereunder which is not cured. The
Association may provide such notice without receiving a request from the Institutional Lender.
Section 12. Certificates of Status. The Association shall, upon demand at any time,
furnish to or on behalf of any Owner a certificate in writing signed by an officer or management
agent of the Association setting forth whether all Assessments levied hereunder have been paid
as to any particular Lot, whether, to the best knowledge of such officer or agent, any Lot or
Owner thereof is in compliance with the terms and provisions of this Declaration, including, but
not limited to, compliance with architectural guidelines and restrictive covenants set forth in
Articles IX and X, and as to any other matters pertaining~to any Lot, any Owner or Member as
may reasonably be requested. Such certificate shall b~/cohGlusive evidence of payment to the
Association of any Assessment therein stated to ha~ibeen paid. The Association may require
the advance payment of a processing fee, not t<?<ex~ee(t Fifty'1n~ NollOO Dollars ($50.00), for
the issuance of such certificate. "~' "/;/-:"':':;
Section 13. Exempt Property. All Common Pr~pe~"and any portions of the Property
fee simple title to which is dedicated to and accepted by ariy"go~ernmental authority, shall be
excepted and exempt from the Assessments, charges and liens cr'e~eQ-ilfthis Article VIII.
I
ARTICLE IX
.'" . ARCHITECTURAL CONTROL
Section 1. Reservation 6f Architectural and Landscape Control. In order to ensure
that the developmentoQhe PropertYwill proceed pursuant to a uniform plan of development and
construction and in accordance/with--consistent architectural, ecological, environmental and
aesthetic standards, including any'~~rchitectutalor design guidelines or standards contained in
any governmental permit, approval" ordinance, rule or regulation, or the like, applicable to the
Property, Declarant shall have and hereby reserves exclusively unto itself for the duration
hereinafter specified, the right, privilege, and authority to review, approve and control the design,
placement, construction, erection and installation of any and all buildings, structures and other
improvements of any kind, nature or description, including landscaping, upon all Lots, Blocks
and Common Property, including further, without limitation, approval of the identity of any and
all persons or entities performing construction, reconstruction or repair work to such buildings,
structures and other improvements. Declarant's approval of any of the foregoing items may be
granted or withheld in the sole discretion of Declarant or its designee. In reviewing and acting
upon any request for approval, Declarant or its designee shall be acting solely in the interest of
the DeClarant and shall owe no duty to any other person, including any Member or Owner. Such
right and control of Declarant shall be exercised in the manner and pursuant to the same
procedures as is hereinafter provided in this Article IX for the ARB. Declarant may elect to
delegate the aforesaid right, privilege and authority to the Association, acting through the ARB.
Declarant may rescind or revoke the delegation of this right, privilege and authority at any time,
and for any reason, whereupon Declarant shall once again have the exclusive possession of such
rights, power, duties and authority. The aforesaid right, privilege and authority shall remain with
:OR711694;5:
27
Declarant until such time as the Declarant has divested itself of title to all of the Property. There
shall be no prior surrender of the aforesaid right, privilege and authority except as provided in
this Section 1.
Section 2. Architectural Review Board. The Association shall at all times maintain
an ARB, as a standing committee consisting of at least three (3) persons, to perform the ARB
functions described in this Declaration for the Property. Until such time as the Declarant has
divested itself of title to all of the Property, it shall have the right to designate all three (3)
members of the ARB. Upon expiration of the foregoing described right of the Declarant, the
ARB members shall be appointed by, and serve at the pleasure of, the Board.
The purpose of the ARB shall be to exercise the right, privilege and authority to review,
approve and control the design, placement, construction, erection and installation of buildings,
structures and other improvements upon the Lots, Blocks/and Common Property on behalf of, or
as delegated to the Association and ARB by, Decl~nfiit~as described in Section I above
including, but not limited to, review and approv,a(Of plot plans and construction plans and
specifications for all Blocks and Lots within th~j!rope~y in o}p~r to ensure that the Property is
developed consistent with the terms and provision~"oflws I!i~claration and any Architectural
Guidelines promulgated by the Declarant or the ARB. 'Si1b)~c't to the Declarant's, or Board's if
delegated to the Association, discretionary review and app'ro~aI,~f same, the ARB shall have the
authority to promulgate procedures, rules and regulations (including, but not limited to, the
Architectural Guidelines) with respect to any aspect of th0,a~tions contemplated in this
Declaration to be taken by the ARB. The ARB also has the rigbt to elect, in its reasonable
discretion, to waive, vary or modify standards or procedures (whether such standards and
procedures are set forth in-:tliis'oDeclaration, the Architectural Guidelines or in the rules and
regulations adopted by the 'ARRp~suant to this Declaration) for the review and approval of plot
- -I
plans or construction,plans and sp.e~ifications, such waiver or modification to be in writing and
signed by a majority oN1ie~;membeks of the ARB. Refusal to approve plans, specifications and
plot plans, or any of them;'may/be.;based-onaI}Y~ ground, including purely on aesthetic grounds,
which in the sole and absolute discretloi1:oftheARB are deemed sufficient. Any change in the
exterior appearance of any building, wall, fencing or other structure or improvements, and any
substantial change in the appearance of the landscaping, shalI be deemed an alteration requiring
approval.
If and to the extent required by the laws of the State of Florida, the Bylaws governing
meetings of the Board shall likewise apply to meetings of the ARB, otherwise no particular
formality is required for any of the ARB's proceedings, including any hearing, nor is any record
required. A majority of the ARB may take any action the ARB is empowered to take, may
designate a representative to act for the ARB and may employ personnel and consultants to act
for it. In the event of death, disability or resignation of any member of the ARB, a successor
shall be appointed.
The ARB shall act on submissions to it within thirty (30) days after rece:pt of the same
(and all further documentation required), but its failure to do so shall not result in, or be deemed
to mean, that the ARB has approved of the item submitted.
iOR711694;Si
28
Section 3. Lots. No building, wall, fence, or other structure or improvement of any
nature (including, but not limited to, landscaping, exterior materials, paint or finish, hurricane
protection, basketball hoops, children's play structures, birdhouses, other pet houses, swales,
asp halting or other improvements or changes of any kind) shall be commenced, erected, placed,
repaired, modified or altered on any Lot without approval of the ARB. In order to obtain ARB
approval, the person intending to make the improvements must submit to the ARB (i) a plot plan
for the Lot showing the location on the Lot of all improvements, existing or proposed, and (ii)
the construction plans and specifications showing such things as building elevations (for all
exterior walls), materials (including size and quantity information) and colors. The ARB shall
have no obligation to approve the plot plan or construction plans and specifications with respect
to any Lot until the "Block Plan" (described in Section 4 below) for the Block within which the
Lot is located has been received and approved by the ARB. In this regard, no plot plan or
construction plans and specifications for a Lot shall be inconsistent with such approved Block
Plan. //".
/ ,rr......... ,
./ 'j
Section 4. Blocks. No building, wall, re4e or oth~r structure or improvement of any
nature (including, but not limited to, landscapiI].g"eite{ior m~terials, paint or finish, hurricane
protection, basketball hoops, children's play struct~es;"bi,!d/~ou~<t~, other pet houses, swales,
asphalting or other improvements or changes of any kiriaj'sball be commenced, erected, placed,
repaired, modified or altered on any Bloc~ until plans and'..sp~ifications depicting such matters
as building elevations, landscaping, bJil~lng'>.fIlaterials and\,ofor~ ("Block Plan") have been
approved in writing by the ARB. \~,: ",.,,~, "\, "-<?
"I' ,.'....., "" '\ ./'
Section 5. ARB Fees; Assistanc~.\\rh~~~:~aU-'be;~~~itled to charge a review and
processing fee for each submittal received b)<'i(/Whether '~ame is received with respect to an
individual Lot or with respect to a Block Plan.\'The ARB may employ architects, engineers or
other professionals, as deemed necessary, to perform the reviews contemplated in this Article IX
and shall be entitled to include in its fees the reasonabie costs incurred to retain such architects,
engineers or other professionals. .
Section' 6. Architectural Guidelines. The ARB shall have the authority to, from time
to time, adopt and amend architectural guidelines which contain general and specific criteria,
guid<:ilines, 'and other provi~ions applicable to, and which must be satisfied in connecti'on with,
development of the Property and the ARB's approval thereof, including, but not limited to, any
Lots and Blocks ("Architectural Guidelines"); which Architectural Guidelines may not conflict
with any provisions of this' Declaration. The ARB shall make the Architectural Guidelines
available to Owners who._seek to engage in development or construction within the Property.
The ARB shall have . the 'sole and absolute authority to amend the Architectural Guidelines,
which amendments shaH be prospective only and shall not apply to, require modifications to or
removal of: structures previously approved by the ARB, provided that construction or
modification of such structure has commenced, There shall be no limitation on 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
Architectural Guidelines are intended to provide guidance to Owners regarding matters of
particular concern to the ARB in considering applications hereunder. The Architectural
Guidelines are not the exclusive basis for decisions of the ARB and compliance with the
Architectural Guidelines does not guarantee approval of any application. In addition to the
:OR711694;S:
29
Architectural Guidelines, any improvements constructed upon the Property, including, but not
limited to, any Lot or Block, must comply with all of the covenants and restrictions contained in
this Declaration (however, such compliance does not automatically entitle an applicant to ARB
approval of its planned improvement).
Section 7. Inspection and Noncompliance. The ARB shall have the right to enter
upon and inspect any Lot at any time prior to, during or after the construction or alteration of
improvements on such portion to ensure compliance with its approvals and requirements. If,
during the inspection, the ARB finds that the work was not performed, ,or" the improvements were
not constructed, in substantial compliance with plans approved b,y-th~\ ARB; or if during
subsequent inspection the ARB notes that previously inspectecY{mprovements are not being
maintained in compliance with the ARB's approvals and r~i'r~trients or with the aesthetic
standards or other standards imposed by the ARB, then t~( ARB""-s:p"MI, notify the Owner in
writing of such noncompliance. Such written notice shal1\~pecify"....t)1e"particular areas of
noncompliance and shall demand that the Owner immediately bring su'Ch "improvements into
compliance. ~";..~.;
Section 8. Enforcement. If an Owner shall have failed to remedy a(noncompliance
within thirty (30) days from the date of the notice described in the previous section, the ARB
shall notify the Board in writing of such~failure. The Board shall demand that the Owner remedy
or remove the noncomplying improvem~iS'wi,thin a period of not more than fifteen (15) days
from the date of such demand. If the OwJ~r:do~s'notcomply within that period, the Board, in its
sole discretion, may either remove the noncolI1plYingiinpr.~:)Vement or remedy the noncomplying
improvement, and the Owner shall reimb~rse tl1~>A:ss9clati0n for all expenses incurred in
\.\ ,/ '........... " /
connection therewith, including, but not limited\t6;' reasonagle/attorneys' fees and other costs of
litigation connected therewith, which fees and ~9sts shall irl6lude those caused by reason of any
appellate proceeding, re-hearing, appeal or otherwise. If such expenses are not promptly
reimbursed, the Board shall levy a special a~s~~sment against the Lot upon which the
noncomplying improvement is located. In addition' to the above, the Association may exercise
any other remeClyavailable to it under this Declaration.
./ ,~,.-..~,. . ....~. '''l,
,Section 9. No biabilitv for Actions. Neither the ARB, the Declarant, the
Association, the Board,.. n,or.. any of their members, officers, directors or duly authorized
representatiy~s, shall be liable to any person or entity for any loss, damage, injury or
inconvenience. arising out ofo~ in any way connected with the performance or nonperformance
of the ARB's duties'under this';Declaration.
Section 10.N<LWaiver. If, for any reason, the ARB fails to notify an Owner of any
noncompliance, such failure shall not relieve the Owner from the requirements to comply with
all provisions of this Declaration.
Section 11. Exemption of Declarant. Declarant shall be exempt from the provisions of
this Article IX and shall not be obligated to obtain ARB approval for any construction or change
in construction or alterations to improvements which Declarant may elect to make at any time.
:OR?I] 694;5:
30
ARTICLE X
RESTRICTIVE COVENANTS
Section 1. Applicability. This Article X contains restrictive covenants applicable to
the use of all or certain portions of the Property, as more particularly set forth herein ("Use
Restrictions"). All Owners are hereby given notice that use of the Lot and the Common Property
is bound, restricted and limited by the Use Restrictions, as they may be amended, expanded and
otherwise modified consistent with the provisions of this Article X. Each Owner, by acceptance
of a deed for any portion of the Property, hereby acknowledges and,,~grees that the use and
enjoyment and marketability of the Lot can be affected by the Use ~strlcBons and that the Use
Restrictions may change from time to time, and all purchasers oLah1 portion of the Property are
hereby placed on notice that the Use Restrictions as initially setioith'in this Article X may have
been amended, expanded or otherwise modified. Copies of<th(curr'ent US"e Restrictions may be
obtained from the Association. The Use Restrictions shall not'b~e applica!>le~o those portions of
the Property owned by Declarant, but shall be applicable to such portion's;-?f the Property
immediately upon conveyance thereof by Declarant. The Use Restrictio~"4o':-,~ot" however,
constitute all restrictions, restraints, criteria, conditions or constraints a$sQciated with
development of the Property and the Property is also subject to all restrictions, re~tr~ints, criteria,
conditions and constraints as are set forth in any and all permits or approvals applicable to
development of the Property, includiQg,. but not limited to, all such restrictions, restraints,
criteria, conditions and constraints set fortK-in)he Plat or Final Approved Plat Approval/Final
DP. \t.,.,, '~""
, '"
. \.
',,-.
. . -...,
Section 2. Land Use and Building. Type(Nb~L,ot;nor:building on a Lot, shall be used
for any purpose other than residential purpQsd/~nd no"~Lo( shall have more than one (I)
residential structure. Temporary uses by Declarant and its affiliates or assigns for model homes,
sales displays, parking lots, sales offices, and other offices, or anyone or combination of such
uses, shall be permitted until permanent cessation ot:iuch uses takes place. No changes may be
made in buildings erected by Declarant or its affiliates (except if such changes are made by
Declarant) without the consent of the ARB as provided herein.
Section 3. Mining or Drilling. There shall be no mining, quarrying or drilling for
minerals, oil, gas or otherwise undertaken within any portion of the Property. Excepted from the
foregoing shall be activities of Declarant, or any assignee of Declarant, in dredging water areas,
creating land areas from water areas or creating, excavating or maintaining drainage or other
facilities or easements, and the activities of Declarant or any Owner in connection with the
installation of wells, pumps or sprinkler systems, as approved by the Association, shall be in
compliance with applicable governmental requirements.
Section 4. Subdivision or Partition. No portion of the Property shall be subdivided
except with the prior written consent of Declarant.
Section 5. Use of Easement Areas. Utilities easements are reserved as shown on the
recorded plats covering the Property and as provided in this Declaration. No structure, planting
or other material may be placed or permitted in these easements that will interfere with or
prevent the maintenance of utilities. The area of each Lot included within these easement areas
shall be maintained continuously by the Owner of the Lot, except as may be provided herein to
:OR711694;5:
31
the contrary and except for installations for which a public authority, agency or utility company
is responsible. All utilities and lines within the subdivision, whether in street rights-of-way or in
utility easements, shall be installed and maintained underground.
Section 6. Restriction Against Short Term Rentals. There shall be no "short term"
rentals of any dwellings, or portions thereof, on any Lot. For purposes of this Declaration, a
"short term" rental shall be defined as any rental for a period of less than six (6) full calendar
months.
Section 7. Minimum Square Footage. No building shaIJ,:tie-er~cted, altered, placed,
or permitted to remain on any Lot other than one (1) attached s}rtgle-family residence with air
conditioned li.ving area of not less than 1,000 square feet an~~pri~~t~, enclosed garag.e for one
(1) car; prOVIded, however, that the ARB shall have the" a~thonty to: approve vanances or
modifications to the aforedescribed air conditioned living/are~r,~quirecients,,~hen circumstances
such as irregular lot shape or topography or natural 09s,tructidns'prevent ci,nsfru~tion upon a Lot
of a single-family residence in compliance with s/ucl1' air con~itioned livin~are'a,requirements.
For purposes of this Declaration, the size of a ~J)t~shat! be m~~~red based o~ewidth of the
Lot at its front yard building setback line. Unless ap.p~ved bf/tlie~,ARB as to u<~'e; location and
architectural design, no garage, tool or storage room~~fher auxiliary structures may be
constructed separate and apart from the residence, nor can an);,~f the aforementioned structures
be constructed prior in time to the construction of the main ~sidence. No covered patio area or
any screened enclosure, on any Lot is to be enclosed in any marih~r\vhatsoever so as to become
a part of the living area of any attached single-family residence.
/",
Section 8. Roofs~":-R00fs shall have a pitch of at least 4/12 unless otherwise approved
by the ARB. Flat roofs 'sha1I'nqt.b~ permitted unless approved by the ARB. There shall be no
flat roofs on the entire main body"ofian improvement. The ARB shall have discretion to approve
flat roofs on part of th-emlul1 body of an improvement, particularly if modern or contemporary in
design. No built-up roofs'shallbe_p~rrititted, exc<::pt on approved flat surfaces.
". ., ,-.,,". . "..~ .
Section 9. Garages. ~Each Lot shail be developed to include a one (1) car garage. All
garages must have a minimum width often feet (10'); measured from the exterior walls of the
garage. All garages must have a minimum depth of eighteen (18) feet, measured from the inside
walls of the garage. All garage entrances shall be located at the front of the Lot and shall have
vehicular access only from roads running adjacent to each Lot. The ARB shall have the
authority to approve all garages. All garages must have a single overhead door with a minimum
door width of seven (7) feet.
Section 10. Drivewavs. Paved driveways extending to roads located at the front of
each Lot and at least ten (10) feet in width shall be constructed at the entrance to the garage. All
driveways must be constructed, at a minimum, of concrete. The concrete shall be scored to
provide for expansion. Alternate patterns, materials or banding combined with the concrete to
provide scale and visual interest is encouraged, subject to ARB approval. When curbs are
required to be broken for driveway entrances, the curb shall be repaired in a neat and orderly
fashion and in such a way as to be acceptable to the ARB. No driveway shall be any closer than
two (2) feet from the side yard property line.
iOR711694;5:
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Section 11. Concrete Block. Concrete block shall not be permitted on the exterior of
any house, unless finished with exterior masonry finish. The ARB shall discourage the use of
imitation brick and encourage the use of materials such as brick, stone, wood and stucco, or a
combination of the foregoing.
Section 12. Walls, Fences, Hedges and Hurricane Panels. No wall or fence shall be
constructed on any Lot until its height, location, design, type, color, composition and material,
including posts and post caps shall have first been approved in writing by the ARB. Wood and
Chain link fences are prohibited. All fences shall be constructed of white PVC material of a
style from time to time approved by the ARB.
No wall or fence shall be constructed with a height of more than six (6) feet above
ground level of an adjoining Lot, and no hedge or shrubbery abutting the Lot boundary line shall
be permitted with a height of more than six (6) feet without the prior written approval of the
ARB. No wall or fence, or portion thereof, may be co~tiiIcted forward of the rear building face
/ ,
of the residential dwelling on such Lot (collective!y:tFront Y,ards"). The height of any wall or
fence shall be measured from the existing prope~",elev.ations.\'R~nce panels may not exceed six
(6) feet in length. Any dispute as to height, length, t)rp~;'aesi~rc0~position or material shall be
resolved by the ARB, whose decision shall be final. HuMc'ane or storm shutters may be used on
" ."
a temporary basis, but shall not be stored on the exterior of'an)hmprovement unless approved by
the ARB. ~ \"'-'
'" '-",--"",./":>
',,- ../'
Section 13. Landscaping. Any landscaping for eac~/tot or Building must be
submitted to and approved by the ARB. Unless the ARB finds that extenuating circumstances
exist, the ARB will not approve.any landscaping that does not include landscape elements such
.. . "-
as sod, trees, shrubs, grouna ~c()ve~ and irrigation in front yards, side yards and between the
sidewalks and roadway curbs. Soq,:must be Floratam St. Augustine grass or its equivalent, and
will be required on an y~ds. Eas~?Lot must have shrubs on front yards. For comer Lots only,
landscaping shall be provideda!()(lKp1esideproIJ~rty line as a buffer to adjacent rights-of-way or
properties. Side yard buffer plants shan'not extend any closer than ten (10) feet to the right of
way line. Each Lot shall be required to have 'the front and side yards irrigated by an automatic
sprinkler system providing full coverage, as approved by the ARB. Every other Lot shall be
required to have at least one (I) street tree planted between the sidewalk and right-of-way
adjacent to such Lot; provided, however, that for comer Lots the street tree requirement shall be
three (3) trees, one (1) tree in the area adjacent to the front yard and two (2) trees in the area
adjacent to the side yard.
A Xeriscape or Florida Friendly Landscape landscaping plan for a Lot will be permitted
as and to the extent required by applicable Florida law, including, but not necessarily limited to,
Florida Statutes Section nO.3075( 4), as same may be amended from time to time. For purposes
of this Declaration, "Xeriscape" or "Florida Friendly Landscape" means quality landscapes that
conserve water and protect the environment and are adaptable to local conditions and which are
drought-tolerant, and the principles of Xeriscape include planning and design, appropriate choice
of plants, soil analysis which may include the use of solid waste compost, efficient irrigation,
practical use of turf, appropriate use of mulches, and proper maintenance. The foregoing
definition may be modified by the ARB from time to time consistent with applicable Florida law.
Any Xeriscape or Florida Friendly Landscape landscaping plan will be subject to review and
:OR711694;5:
33
\
approval by the ARB, consistent with the terms of this Declaration and the rules and regulations
of the ARB, including, but not necessarily limited to, any rules or regulations of the ARB or Use
Restrictions enacted by the Association governing the implementation of Xeriscape or Florida
Friendly Landscape landscaping plans within the Property.
Section 14.
Maintenance.
A. Except as and to the extent that maintenance obligations are assigned to
and performed by the Association, each Owner shall maintain its Lot, including all landscaping
and improvements, in a manner consistent with this Declaration, the rules and regulations of the
Association and the Community-Wide Standard, including, but not limited to, maintaining and
irrigating lawns and landscaping lying between the boundary of such Owner's Lot and any
public right-of-way or any wall or fence; provided, however, that no Owner shall remove any
trees, shrubs or other vegetation from these areas outsid~,~uch Owner's Lot without the prior
written approval of the Association. ~/~
B. Notwithstanding anythingi~~~\\~regoirt~,,~o the contrary, the Association
shall be responsible for performing, or causing to be'Peif~rmed;"o.p, behalf of the Owners of the
Lots, the following: '\::.;~~./. ",
"
"
. (1). I?aintenanc.e, including mowing,..(eFti~izing, ~at~ring, pruning and
replacmg of, and controllmg disease and msects on, all lawns andJandscapmg mstalled as part of
the initial construction on the Lots, except landscaping within ~py/enclosed courtyard, patio,
fenced or other area not readily accessible from outside the dwellirtg;
(2) maintenance, including mowing, fertilizing, watering, pruning and
replacing of, and controlling disease and insects on, all lawns and landscaping on all property
adjacent to the Lots for which the Owners of the Lots would otherwise be responsible pursuant to
Subsection A of this Section 14;
any Lots:
(3) the following maintenance of any improvements constructed on
. (1) pressure cleaning and painting of all exterior portions of
any dwellirtg, including any.carport, garage, garage door, exterior doors, shutters, facia on the
dwelling and. (lny fence erected along Lot boundaries ("Boundary Fence(s)") and further
including caulking around windows prior to painting, as necessary due to the ordinary wear and
tear and customary usage of"such dwellings;
(ii) repair and/or replacement, as necessary, of the roofs of any
dwelling and garage, including any exterior porch roof originally constructed with the dwelling,
as necessary due to the ordinary wear and tear and customary usage of such roofs; and
(iii) maintenance, repair and pressure cleaning of all sidewalks
on any Lots designed to serve more than one Lot and all exterior steps and the exterior walls of
any dwelling and garage, as necessary due to the ordinary wear and tear and customary usage of
such sidewalks;
:OR711694;5l
34
(4) repair and replacement of any Boundary Fence, as necessary due to
the ordinary wear and tear and customary usage of such Boundary Fence;
(5) 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 and property adjacent to the Lots for which the
Owners of the Lots would otherwise be responsible under Subsection A of this Section 14, as
necessary due to the ordinary wear and tear and customary usage of such irrigation equipment;
provided, however, that the Association shall have no responsibility for any sprinklers or other
irrigation equipment installed by the Owner or occupant of any Lot; ,a4d':-~,
/" . . ..
//
/ ."
. (6). termite treatment of all. e.xterio,~;/"~~ills" a~d f~undations of a
dwellmg and garage; prOVIded, however, that the AssoclatlO~pall not he')lable If such treatment
proves to be ineffective. ''-".:~, ~ '....."
, " .':",
The Association shall perform the foregoing maintenance, cle~Qg, repair, etc.
obligations set forth in this Subsection 14.B. pursuant to and in compliance wlthaichedule of
maintenance adopted from time to time by the Association as reasonably detclrriiined by the
Board as necessary to maintain the subject property and improvements in a m~nner consistent
with this Declaration and the Community-Wide Standard. The Association shall have no
obligation, but shall retain the powef\'ahd",authority, to itself perform the aforedescribed
maintenance obligations to the extent such.'J'nainten~ce is required or necessitated as a result of
willful misconduct, negligence or activitiei;~otcon~istent with ordinary wear and tear or usage
of the subject property or improvements by lipy O)'vher'-o-r)mY...l1)ember of such Owner's family,
or of any tenants, guests or other invitees \~Vsuch Own,ev' The Association shall not be
responsible for any maintenance or repairs to ariy:jmprovem~ht or modification added or made to
any improvement after the conveyance of the Lot\t~ the first Owner following completion of any
initial improvement thereon. . .
~Ex:cept.~s and to the extent specifically provided in this Subsection B of this
Section l4,'mairitenance >,of all other portions of the Lots, including driveways serving the
dwellings on the Lots.,ana any landscaping or improvements installed by the Owners or
occupants 'of any Lot, shall'be the responsibility of the respective Owners, as provided in
Subsection/\ofthis Section\14.
All maintenaI,lce on Lots shall be performed III a manner and on a schedule
consistent with the,Comm.l;lnity- Wide Standard.
In addition to the insurance requirements set forth in Article XIV of this
Declaration, each Lot 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 the responsibility for maintenance, repair or replacement thereof is
allocated to the Association and shall provide a certificate evidencing such insurance to the
Association upon acquisition of record title to the Lot and at other times upon request of the
Board. The insurance policy shall name the Association as an additional insured. In the event of
a casualty loss, the Association shall be entitled to file a claim on such insurance policy for the
cost of any repair or replacement to the Lot and improvements thereon which is the
:OR711694;S:
35
Association's responsibility and the Owner shall pay the amount of any deductible and shall be
responsible for any deficiency in the insurance proceeds. The Association shall be entitled to
adjust with the insurance provider the amount of any proceeds payable to the Association and the
Owner thereunder, based upon the amount necessary to enable the Owner and the Association
each to repair and replace those portions of the Lot and improvements thereon which are their
respective responsibilities.
In the event that an Owner fails to obtain such insurance or permits such
insurance to lapse the Association may, but shall not be obligated, t%):)tain such insurance on
behalf of the Owner and assess the costs thereof to the Owner and tlle,0wner's Lot as a Special
~/ " .......)
Assessment. // "
/~'
All costs and expenses incurred by the(~~~ocia~ion, in connection with
maintenance, repair, replacement, etc. pursuant to this SUQsection "14:.a. shall be deemed
Common Expenses incurred in connection with Limited Common Propert)'~{L~hall be assessed
only against the Owners of Lots located within the Service Area within which,such maintenance
responsibilities are performed. Additionally, and notwithstanding anything in"t~e'foregoing to
the contrary, to the extent such maintenance obligations pertain to only a specific/Lot within a
Service Area, or such maintenance obligations are performed or necessitated as a direct result of
the willful misconduct, negligence or ac!ivities not consistent with ordinary wear and tear or
customary usage of any Owner or of any~mell1ber of such Owner's family, or of any tenants,
guests or other invitees of such Owner, tIieo'-the"costs and expenses incurred by the Association
in connection with such maintenance obligat:')n~sha.l{be,as~sessed against only such Owner.
, ,/J .."~"-":.,,' , _-.._ :
Section 15. Party Walls and Other'.8hared Stni'ttUres. Each wall, fence or similar
structure built as part of the original construction of the residences and garages on the Lots that
serves and/or separates any two (2) adjoining Lots shall constitute a party structure. To the
extent not inconsistent with the provisions of this Declaration, the general rules of law regarding
party structures and liability for property damage due to negligence or willful acts or omissions
shall apply thereto.
-Each Owner that shares a party structure shall share equally the cost of repair and
maintenance of such structure; provided, however, that each Owner shall be responsible to
perform routine maintenance, cleaning and painting to its side of the party structure. If a party
structure is destroyed or damaged by fire or other casualty, any Owner that shares the party
structure may restore it, and the Owner performing such restoration to sllch party structure shall
have the right to receive from each other Owner sharing such party structure such other Owner's
proportionate share of the costs and expenses incurred in connection with such restoration. The
right of an Owner to contribution from any other Owner under this Section 15 shall be
appurtenant to the land and shall pass to such Owner's successors in title.
Section 16. Mailboxes. All delivery of mail, magazines or similar material through
the United States mail service shall be delivered at a centralized mailbox bank, the location of
which shall be determined by Declarant, in Declarant's sole and absolute discretion. No mailbox
or paperbox or other receptacle of any kind for use in the delivery of mail or newspapers or
magazines or similar material shall be erected on any Lot. If and when the United States mail
service or the newspaper or newspapers involved shall indicate a willingness to make delivery to
:OR711694;5:
36
the individual dwellings, the type and placement of such receptacles shall be determined by the
ARB.
Section 17. Utility Connections. All connections for utilities including, but not limited
to, water, sewerage, electricity, gas, telephone and television shall be run underground from the
proper connecting points to the improvement in such a manner to be acceptable to the governing
utility authority.
Section 18. Approved Builders. All construction, reconstructi,on and repair work shall
be performed by a licensed residential building contractor approv.ea~b~.the Declarant or the
/, . / "'.
ARB. If a Lot has been sold to an approved contractor, anysuJ?'sequent purchaser shall be
~/ ."
required to comply with this paragraph. './/'~~.' "
</ ~ '"
Section 19. Pets, Livestock and Poultry. No animaiI..livestdC~'o.r poultry of any kind
shall be raised, bred or kept on any Lot; provided, however, household~ddlIlesticated pets as
allowed by City Code may be kept on each Lot so long as they are not kep0bredor maintained
for any commercial purpose, provided that they do not become a nuisance ~r\,arinoyance and
provided that no more than three (3) domesticated pets may be raised, bred or kept>6n any Lot at
anyone time. The keeping of pets shall be governed by rules and regulations of the ARB.
Section 20. Commercial Trucks, Trailers, Campers and Boats. No commercial
vehicle, recreational vehicle (including, but not limited to, personal water craft, all terrain
vehicles, two-wheeled dirt bike motorcycles and boats), camper, mobile home, motor home,
boat, house trailer, boat trailer or trailer of any other description, shall be permitted to be parked
or to be stored at any place-on the Property, unless Declarant designates specifically certain
spaces for some or all ofthe;above.. Provision for temporary visitation may be established by the
ARB. This prohibition of parking~hall not apply to temporary parking of commercial vehicles,
, ,I
such as for pick-up and.delivery ahd other commercial services, nor to vehicles for personal use
(including personal watercraft"recreationaJ vehicles, boats and boat trailers) which are stored
within enclosed garages amfare' ,in "acceptable condition in the sole opinion of the Board (which
favorable opinion may be chang~d at any time), nor to any vehicles of Declarant or its affiliates
or any building contractor designated bypeclarant in writing.
Any vehicle parked in violation of these or other restrictions contained herein, or in the
ARB's rules and regulations, may be towed by the Association at the sole expense of the owner
of such vehicle, if such vehicle remains in violation for a period of twenty- four (24) hours from
the time a notice of violation is placed on the vehicle. The Association shall not be liable to the
owner of such vehicle for trespass, conversion or otherwise, nor guilty of any criminal act, by
reason of such towing and once the notice is posted, neither its removal, nor failure of the owner
to receive it for any other reasons, shall be grounds for relief of any kind. For purposes of this
paragraph, "vehicle" shall also mean campers, mobile homes, personal water craft, all terrain
vehicles, boats and trailers; and an affidavit of the person posting such notice stating that it was
properly posted shall be conclusive evidence of proper posting.
No vehicles commonly known as "three-wheelers", "two-wheel dirt bikes", "all-terrain
vehicles", or "go carts" or any other form of similar motorized transportation shall be operated on
the Property.
:OR711694;5:
37
Section 21. No Outdoor Drying. No clothing, laundry or wash shall be aired or dried
outside of any building structure on any Lot and no outdoor drying apparatus shall be placed on
any Lot, unless such clothing, laundry, wash and drying apparatus are fully screened from view
from adjacent property and streets by fencing or landscaping.
Section 22. Unit Air Conditioners. Screening of Equipment and Reflective Materials.
No air conditioning units may be mounted through windows or walls unless approved by the
ARB. No building shall have any aluminum foil placed in any window or glass door or any
reflective substance or other materials (except standard window treatments) placed on any glass,
except such as may be approved by the ARB for energy conservation purposes. All air
conditioning units, l.p. tanks, and pool pumps and other equipment must be screened from view
from the adjacent street by a brick, stone, masonry wall (stuccoed) or wood fence or if the rear
yard of the Lot abuts a water retention area or pond, then screened from view from the water
retention area or pond by appropriate landscaping. All}lfas~nry walls and wood fences erected
for such purposes must be painted. All such fences/aild'walls shall be properly maintained by
O /'
wner. , ( ~,
// :", \'\,
Section 23. Exterior Antennas. No ~~'O>anteJa~~and no citizen band or short
wave antennas or satellite dishes in excess of eighteen iri~h~(8") i~ diameter shall be permitted
on any Lot or improvement thereon, except that Declarant)nd\t~ affiliates shall have the right to
install and maintain community antenna, microwave antenna;dishes, satellite antenna and radio,
television and security lines. Any approved satellite dish must b'e\lo~a~ea within an enclosed rear
yard in a location approved by the ARB, which may require appropriate screening; provided,
however, that the satellite dish shall be allowed in the least obtrusive location where the satellite
signal may be received.~' ,',
":,: I
Section 24.'Chain Link:'F~nces. No chain link fences shall be permitted on any Lot or
portion thereof, unless 'in~~lled by ~,~~larant or its affiliates during construction periods.
Section 25. Skateboard Rarims. ,N()~iamps or other structures for skateboards, roller
blades, scooters or similar equIpment shall be' permitted on any Lot or on the Property at any
time.
Section 26. Solar Heating Panels. For aesthetic purposes, no solar heating panels shall
be permitted on any Lot at any time.
Section 27. Basketball Goals and Equipment. No basketball goals, backboards. poles
and other equipment, whether temporary or permanent shall be permitted on any Lot or on the
Property at any time.
Section 28. Children's Play Structures. Prior to placement on any Lot, the location of
any children's play structure, whether temporary or permanent, shall be approved by the ARB in
its sole discretion. Children's play structures shall not have any material coverings or canopies
except those approved by the ARB, which may require a specific type, design, material and
color. The ARB, in its sole discretion, may require children's play structures to be partially
screened by landscaping, trees, fences or walls. Playground structures must be positioned in the
rear court yard of the residence.
iOR711694;5i
38
\,
Section 29. Outside Storage. No stripped, unsightly, offensive, wrecked, junked or
dismantled vehicles, or portions thereof, no furniture or appliances designed for normal use or
operation within (as distinguished from outside) a building structure, or any other debris or
unsightly material, shall be parked, permitted, stored or located upon any Lot. No open outside
storage on any Lot is permitted. No lumber, brick, stone, cinder block, concrete or any other
building materials, scaffolding, mechanical devices or any other thing used for building purposes
shall be stored on any Lot, except for purposes of construction on such Lot, and they shall not be
stored for longer than that length of time reasonably necessary for the construction in which
same is to be used.
Storage sheds or similar structures are not permitted on any Lot; provided, however, that
storage rooms attached to the residential structure on a Lot may be permitted by the ARB as a
home addition.
/',
Section 30. Owner's Obligation to Rebuild./tf1il~r any portion of a structure on any
Lot is damaged or destroyed by fire or other casu~ltY~'it shall be the duty of the Owner thereof,
with all due diligence, to rebuild, repair, or re~9hstIUcJ such "'structure in a manner which will
substantially restore it to its appearance and" coriditi<>D i~~,~tely prior to the casualty;
provided, however, that the foregoing obligation of O~ert6/febuiid, repair or reconstruct shall
not apply to the extent that maintenance obligations ar'e~signed to and performed by the
Association pursuant to Section 14 of this Article X. Reconstruction shall be undertaken wi thin
two (2) months after the damage occurs, unless prevented by goVernmental authority, in which
case reconstruction shall be undertaken within the time allowed bY,Jhe" governmental authority.
Section 31.
Sol,iciting,,}.J'o soliciting shall be allowed at any time within the Property.
-", "I,
Section 32. :Drainage. '~tstormwater from any Lot shall drain into or onto contiguous
or adjacent street rignts-of-way, ctrainage easements, or retention areas, all in accordance with
the applicable govemmei1t~lapPr.QvaIs;, "Stormwater from any Lot shall not be permitted or
allowed to drain or flow unnaturally'onto, ov:er, under, across or under any contiguous or
adjacent Lot uriless' a drainage easement shall exist for same and same is done in accordance with
any and all applicable governmental,' pemlits and approvals. All work done on any Lot affecting
or pertaining to the Lot grade, original' drainage plan, the flow of surface water, stormwater
drainage,t~e alteration or removal of any drainage or environmental berm or swale or any storm
berm or swale; 'must be in accordance with the site grading and drainage plans for the Lot as
approved by the City.
Section 33. Flags. A maximum of one (1) United States flag may be displayed on any
Lot or any other portion of the Property; provided, however, that the flag must be displayed in a
respectful way and shall be subject to reasonable standards for size, placement and safety
adopted by the Association consistent with Title 36, United States Code, Chapter 10 and any
local ordinances.
Section 34. Solar Equipment. No solar heating equipment or devices are permitted
outside of any enclosed structure on any Lot, except such devices whose installation and use is
protected by federal or Florida law. Notwithstanding such protection, an qpplication for such
equipment or device must be submitted for approval to the ARB prior to installation and
:OR711694;S:
39
approval and will be granted only if: (i) such equipment or device is designed for minimal visual
intrusion when installed (i.e., is located in a manner which minimizes visibility from the street or
any adjacent 'Lot and is consistent with the Community-Wide Standard); and (ii) the equipment
or device complies to the maximum extent feasible with the Architectural Guidelines.
Section 35. Trash Containers and Collection. No garbage or trash shall be placed or
kept on any Lot, except in covered containers of a type, size and style which are pre-approved by
the ARB or specifically permitted under the Architectural Guidelines. Such containers shall be
screened from view from outside of the Lot except when they are being made available for
collection and then only for the shortest time reasonably necessary to effect such collection.
Rubbish, trash and garbage must be removed from the Lots and may not be permitted to
accumulate on any Lot. Outdoor incinerators may not be kept or maintained on any Lot.
Section 36. Parking. Owners and guests of Owners, shall park their vehicle (i) only in
their garages or in the driveways serving each Owner's respective Lots or permitted spaces, (ii)
only on one (1) designated side of road, as may be directed by the Association, or (iii) on
Common Property as may be directed by the Association, all subject to such reasonable rules and
regulations as the Board may adopt. In no event shall Owners or guests of Owners be permitted
to park on roads or on Common Property outside the designated areas, unless prior approval has
been obtained from the Association. In, ~ddition, no vehicle shall be parked in such a manner
that will block or obstruct any sidewalk\10<sate9 on each Owner's respective Lots. Any vehicle
parked in violation of these or other restricth~ns'~coptained herein, or in the ARB's rules and
regulations, may be towed by the Associati6i1 atthe,sole-expense of the owner of such vehicle, if
\ . ).' ~
such vehicle remains in violation for a perioa\'qf f9$::ei~t{48):hours from the time a notice of
violation is placed on the vehicle. The Asso,cia:tion shall\no{ be liable to the owner of such
vehicle for trespass, conversion or otherwise, ri~:r: guilty off'any criminal act, by reason of such
towing and once the notice is posted, neither its r~moval, nor failure of the owner to receive it for
any other reasons, shall be grounds for relief of,3:jly kind. For purposes of this paragraph,
"vehicle" shall mean any motorized vehicle, including, but not limited to, automobiles,
motorcyles"CaIt!pefS, -mobile homes, personal water craft, all terrain vehicles, boats and trailers;
and an affidavit of the person posting such notice stating that it was properly posted shall be
conclusive evidence of pr~per posting.
Section. 3 7. Spa Equipment. All spa equipment stored on any Lot shall be screened
from view from:outside the Lot on each side.
Section 38:. Use dfName "Barcalv Woods - Townhomes". No Owner shall use the
name "Barclay' Woods':' Townhomes ", any logo associated with such name and used by
Declarant in connection with the Property, or any derivative of such name or logo in any printed
or promotional material or in any activity, without the Declarant's prior written consent.
Declarant may, however, use such names and logos with respect to any property or other
development activities of Declarant, without the consent of any party, including any Owner.
Section 39. Signage. Except for any Lot owned by Declarant, no exterior or interior
sign of any type regarding the sale or rental of any Lot shall be constructed, erected, installed,
kept, placed, put or painted on any Lot. In addition, no exterior or interior sign of any type
regarding the sale of any other item, including, but not limited to, a garage sale, yard sale,
:OR711694;5J
40
rummage sale or furniture sale shall be constructed, erected, installed, kept, placed, put or
painted on any Lot.
Section 40. Window Blinds. All residential dwellings constructed on any Lot shall
have two inch (2") white mini-blinds installed on all front and side windows.
Section 41. Amendment to Use Restrictions. In furtherance of the purposes of this
Declaration, Declarant acknowledges the need for an ability to respond to unforeseen problems,
changes in circumstances, conditions, needs, desires, trends and technology which affect the
Property and Owners, and in furtherance thereof Declarant hefeby~establishes that the
Association shall have the ability to enact, modify, expand, cr~a~(exceptions to, limit, cancel
and/or otherwise amend the Use Restrictions (for purposes/of/this"-Article X; hereinafter an
"Amendment") , all upon the terms and conditions <l$ (se0{~rth in this Article X.
Notwithstanding anything in the foregoing to the contra4, no ~en9ment of the Use
Restrictions shall be permitted without the express written consent of the necfar~nt for so long as
the Declarant shall own at least five percent (5%) of the total number of Lots'\v.ttlru1 the Property.
Additionally, no Amendment of the Use Restrictions may be made in violation'oftlle following
\ '
provisions, except as may be specifically provided in this Declaration: ).
A.
treated similarly.
Similarly situated,pwners shall, to the extent reasonably practicable, be
\ <';.."
.. I
\ '>" '"
B. No An1endment ofth6 Use,~estrictions may abridge the rights of Owners
to display religious and holiday signs, symbols an~)dec'pratiOllsrinside dwellings on their Lots,
except that the Board may adopt time, plac~,and/manner'restiictions with respect to displays
visible from outside the dwelling.
C. No Amendment of the Use Restrictions may interfere with the freedom of
Owners to determine the composition of their households, except that the Association shall have
the power to~limitthe total number of occupants permitted in each dwelling within rental
property on~the'basis, of ,the size and facilities of the dwelling constructed on the Lot and such
Lot's occupants' fair use of the Common Property,
D. No Amendment of the Use Restrictions may interfere with the activities
carried on within a dwelling, except that the Association may prohibit activities not normally
associated with property restricted to residential use, and any activities that create monetary costs
for the Association or other Owners, that create a danger to health or safety of other Owners or
their family, tenants, guests or other invitees, that cause offensive odors, that generate excessive
noise or traffic, that create unsightly conditions visible outside the dwelling, or that create an
unreasonable source of annoyance to other Owners, their family, tenants, guests or invitees.
E. No Amendment of the Use Restrictions may prohibit the leasing or
transfer of any Lot, or require the consent of the Association therefor, pursuant to and consistent
with the terms and provisions of this Declaration; provided, however, that the Association may
enforce the minimum lease term restrictions as otherwise set forth in this Declaration.
F. No Amendment of the Use Restriction may require an Owner to dispose of
personal property which it maintained in or on its Lot prior to the effective date of sllch Use
:OR711694;S:
41
Restriction, or to vacate a dwelling in which it resided prior to the effective date of such
Amendment of the Use Restriction, provided that such personal property was maintained, or
such occupancy was, in compliance with this Declaration and all Use Restrictions previously in
force.
ARTICLE XI
TURNOVER
Section 1. Time of Turnover. The Turnover of the Association by the Declarant shall
occur at the Turnover meeting described in Section 2 below, whtc~An~~ting shall take place
within three (3) months of the occurrence of the following event~vW~ichever occurs earliest:
A. V oluntary conversion by the Declat~{~dl~s A membership, as
" ' ",
appropriate. ~ ",,< '
.~"
B. When 90% of the rpaximum number of Lots allowed for the Property
" .
under the Plat have been conveyed to Owners. "\ '.
)
C. Declarant makes the election, in its sole and absolute discretion, to give
written notice to the Association of its decision to cause the Turnover to occur.
\'"
Section 2. Procedure of Calling"Tilmover Meeting. The purpose of the Turnover
meeting shall be to elect directors to the ~~sociation:'J':ro more than sixty (60) days and no less
than thirty (30) days prior to the Tumover\ri1eetiiig; Jhe":As~ociation shall notify in writing all
\. /.............. ~....,--,
Class A of the date, locatiol},_and purpose ofthel)trriover'm~eting.
~ '!.. ' .. \' '../ \ '
Section 3. ,Procedu~e " for Meeting. \The Turnover meeting shall be conducted III
accordance with the mostrecent revision of Robert's _Rules of Order.
Section 4. Oeclarant-"s~Rights.:For as -long as the Declarant shall own at least five
percent (5%) of the total number of Lots within the Property, it shall have the right to appoint
one (I) member of the Board and for so long as Declarant shall own or have contracted to
purchase any of the lands located within-the Property, the limitations described by Article XII
shall remain applicable.
ARTICLE XII
DECLARANT'S RIGHTS
Notwithstanding any provisions contained in this Declaration to the contrary, at any time
that Declarant owns or has contracted to purchase any of the lands located within the Property,
Oeclar:ant shall have the following rights described in this Article XII, and the following
restrictions described in this Article XII shall remain in effect:
A. Declarant may maintain and carryon upon portions of the Common
Property such facilities and activities as, in the sole opinion of the Declarant, may be reasonably
required, convenient, or incidental to the construction or sale of any of the lands within the
Property including, but not limited to, business offices, signs, model units, and sales offices, and
the Declarant shall have an easement for access to such facilities. The right to maintain and
:OR711694:S:
42
carryon such facilities and activities shall include specifically the right to use Declarant owned
Lots, or other portion of the Property owned by the Declarant as models, sales offices, and for
lodging and entertainment, respectively, of sales prospects and other business invitees.
B. No person or entity shall record any declaration of covenants, conditions
and restrictions affecting any portion of the Property without Declarant's review and written
consent thereto, and any attempted recordation without compliance herewith shall result in such
declaration or similar instrument being void and of no force and effect unless subsequently
approved by recorded consent and signed by the Declarant.
C. Declarant shall have the right, in its discretion, to receive and approve all
sales, promotional, and advertising materials for the subdivision and sale of lands in the
Property by any Owner, which approval shall not be unreasonably withheld. Declarant shall
deliver notice to any such Owner of Declarant's approvaLor,~isapproval of all such materials and
documents within thirty (30) days of receipt of ,s~ch--'inaterials and documents, and, if
disapproved, set forth the specific changes reque~ted:~ If Deplarant fails to do so within such
thirty (30) day period, Declarant shall have dt!emed"to hav~waived any objections to such
materials, forms and documents and to have appr~ed''tne fdreg0ing. Upon disapproval, the
foregoing procedure shall be repeated until approval isbbt~ed or decreed to be obtained. It is
hereby established that if Declarant elects to exercise th~ihts set forth above to review and
approve all sales, promotional and advertising materials of .iliy O\yner, it shall not by doing so
incur or create in favor of any third party any liability, obligatio'n~r'r~sponsibility to ensure that
any such materials comply with any and all applicable laws, xules and regulations nor to
determine or correct any false or misleading claims or statements contained in such materials.
Further in this regard, Declifran( s exercise of such rights shall not be deemed to create a
partnership, joint venture,orpfin~~p~~/agent relationship with such Owner.
D. ' The Board ,or: the Association shall have no authority to, and shall not,
undertake any action which;shall/<.,',
(1) decrease the level of maintenance services of the Association
perfom1ed by the initial Board as speCified in the Articles of Incorporation;
(2) make ahy Special Assessment against or upon the Declarant's
property or upon the Declarant;
(3) terminate or cancel any contracts of the Association entered into
while the Declarant controlled the Association, except that the Association may terminate any
contract or lease, including any contract providing for the services of Declarant, entered into by
the Association while Declarant controlled the Association without cause or without penalty or
the payment of a termination fee at any time after Turnover of the Association from Declarant
upon not more than ninety (90) days notice to the other party, and provided further, any
agreement for professional management of the Association or any agreement providing for
services of the Declarant shall be for a term not to exceed one (1) year without the consent of
fifty-one percent (51 %) of the Voting Members; provided, however, that in no event shall such
an agreement exceed a term of three (3) years. Any such agreement shall provide that the
iOR711694;5i
43
\
agreement may be terminated by either party without cause or without payment of a termination
fee upon not more than ninety (90) days written notice;
(4) terminate or waive any rights of the Association under this
Declaration;
(5) convey, lease, mortgage, alienate or pledge any easements or
Common Property of the Association;
(6) accept the conveyance, lease, mortgage, alienation or pledge of any
real or personal property to the Association;
(7) terminate or cancel any easements granted hereunder;
,,^,
terminate or impair in anY1asfu~n any easements, powers or rights
/, .-/' .
/,/
/ }
. ,\" ~,
restrict the Declarayff's,x:t~\ofu;~>a~cess and enjoyment of any of
'~~, J, ",~",
, /
'" \
(10) cause the Association to def~It()n, any obligation of it under any
contract or this Declaration, unless the Declarant consents in"'wnting Jo the prohibited action.
^' ' '~=>'
The Declarant's consent shall be exercised by its appointee on the Board or other person
... '
designated to so act by the Declarant. '
(8)
of the Declarant hereunder;
(9)
the Property; or
Any or all of the/sp~ciahjghts and obligations of the Declarant may be transferred to
other persons or entities,'provided that the transfer shall not reduce an obligation nor enlarge a
right of the Declarantbeyond that c.ontained herein, and provided further, no such transfer shall
be effective unless it is in:a:written~ins~rument signed by the Declarant and duly recorded in the
Public Records of Seminole:Cowltyi:F16rida:- .,
This Article XII may not :',be amended without the express written consent of the
Declarant. >,
ARTICLE XIII
MORTGAGEE PROVISIONS
The following provisions are for the benefit of the "Eligible Holders" (defined later in
this Article XIII) only and may not be enforced or relied upon by anyone else.
Section 1. Notices of Action. An Institutional Lender that provides written request to
the Association (such request to state the name and address of such holder, insurer, or guarantor
and to identify with particularity the Lot, thereby becoming an "Eligible Holder"), will be
entitled to timely written notice of:
A. any delinquency in the payment of Assessments or charges owed by an
Owner of the Lot subject to the Mortgage of such Eligible Holder, where such delinquency has
continued for a period of sixty (60) days; provided, however, notwithstanding this provision, any
:OR711694;S:
44
Eligible Holder, upon request, is entitled to written notice from the Association of any default in
the performance by an Owner of any obligation under this Declaration or Bylaws which is not
cured within sixty (60) days;
B. any lapse, cancellation, or material modification of any insurance policy
maintained by the Association; or
C. any proposed action which would reqUIre the consent of a specified
percentage of Eligible Holders.
Section 2. Voting Rights of Mortgagee. For purposes of this Article XIII, Section 2
only, an Eligible Holder shall be entitled to one (1) vote for each first Mortgage owned.
A. Unless (i) at least two-thirds (2/3~o,f the Eligible Holders, or (ii) Voting
Memb.er~ representing at least two-thirds (2/3) of thy)otali~ssociation Members consent, the
ASSOCIatIOn shall not: //,/
" <'
/ -,~ \""
(1) by act or omission11band~n"Partiti~x subdivide, encumber, sell or
transfer all or any portion of the real property com'prising1lie Common Property which the
Association owns, directly or indirectly (the granting of'e~~~ents for public utilities or other
similar purposes consistent with the in'iehd~d use of the Conunon Property, and as otherwise
allowed in accordance with this DeclaratioI:1.Jhaltnot be deerrie4'a'tr~sfer within the meaning
of this sub-section.); \\ "-"" "-'h~\...... \ //
\ " ',,-, ',,,, .J'/
(2) change the m~tli~d/6f-d~te~i~nl :he obligations, Assessments,
dues, or other charges which may be levied aga$'it: an Own~r/(a decision, including contracts, by
the Board or provisions of any declaration subsequently recorded on any portion of the Property
regarding assessments shall not be subject to this\proyision where such decision or subsequent
declaration is otherwise authorized by this Declaration.);
/ .:-.' -., '(3) by act or omission change, waive or abandon any scheme or
"
regulation' or enforceq1ent thereof pertaining to the architectural design or the exterior
appeanmce and maintenanye of a Lot and of the Common Property (the issuance and amendment
of archite,ctural standards, ,,'procedures, rules and regulations, or use restrictions shall not
constitute a"c~ange, waiver, or abandonment, within the meaning of this provision.);
.(4) ,fail to maintain insurance as required by this Declaration; or
. ,,<
'(5) " use hazard insurance proceeds for any Common Property losses for
other than the repair, where reasonably practicable, of such Common Property.
B. In the event a portion of the Common Property is either condemned or
destroyed or damaged by a hazard that is insured against, restoration or repair shall be performed
substantially in accordance with the provisions of the Declaration and the original plans and
specifications for the project unless fifty-one percent (51 %) of the Eligible Holders approve the
taking of other action by the Association.
IOR711694;5:
45
C. The vote or written consent of sixty-seven percent (67%) of the total
Voting Members of the Association and fifty-one percent (51%) of the Eligible Holders shall be
required to assume self-management of the Association if professional management of the
Association has been required by an Eligible Holder at any time.
Section 3. Voluntary Payments by Mortgagees. Eligible Holders may, jointly or
singly, pay taxes or other charges which are in default and which mayor have become a charge
against the Common Property and may pay overdue premiums on casualty insurance policies or
secure new casualty insurance coverage upon the lapse of a Association policy, and Eligible
Holders making such payments shall be entitled to immedia,!e"~rei~bursement from the
Association. /'<
/' ,."
/ /~'"
Section 4. No Priority. No provision of th~:(rieclim~tlb.Q or the Articles of
Incorporation or Bylaws gives or shall be construed as givin~cwy OWl1er or" other party priority
over any rights of the first Mortgagee in the case of distribution to su6h",O~~er of insurance
proceeds or condemnation awards for losses to or a taking of the Common Prop~i1:'Y.
" "-,,
\
Section 5. 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 en'cumbering such
Owner's Lot.
\~."~~,,,,
Section 6. Amendment by Bok~:',)hout~ the Federal National Mortgage Association
or the Federal Home Loan Mortgage Coiponition......subs~quently delete any of their respective
requirements which necessitate the proviSIons of>thiS'>Article XIII or make any such
requirements less stringent, the Declarant orthe<B6ard~i~0u"t approval of the Owners, may
cause an amendment to this Article XIII to be recorded to reflect such changes.
Section 7. Applicabilitv of this Article., -Nothing contained in this Article XIII shall
be construed to reduce the percentage vote th!:lt' must otherwise be obtained under this
Declaration,. the Articles of Incorporation, the Bylaws, or Florida corporate law for any of the
acts set oufin.this ArtiCle,XIII.
.Section 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 deemed to have approved
such actiorlif the Association does not receive a written response from the Mortgagee within
thirty (30) days of the date of the Association's request.
ARTICLE XIV
INSURANCE AND CASUALTY LOSSES
Section 1. Insurance. The Board, or its duly authorized agent, shall have the
authority to and shall obtain blanket all-risk casualty insurance, if reasonably available, for all
improvements on the Common Property. Ifblanket all-risk coverage is not reasonably available,
then at a minimum an insurance policy providing fire and extended coverage shall be obtained.
This insurance shall be in an amount sufficient to cover one hundred percent (100%) of the
replacement cost of any repair or reconstruction in the event of damage or destmction from any
insured hazard.
:OR711694;S:
46
To the extent available on commercially reasonable terms and conditions, the Board may
also obtain a public liability policy covering the Common Property, the Association and its
Members for all damage or injury caused by the negligence of the Association or any of its
Members or agents. The public liability shall have at least One Million Dollar ($1,000,000.00)
limit for bodily injury, personal injury, and property damage from a single occurrence, and, if
reasonably available, a Five Million Dollar ($5,000,000.00) umbrella liability policy.
Premiums for all insurance on the Common Property shall be Common Expenses of the
Association and shall be included in the Annual Assessment, as descr,ibed in Article VIII. The
policy may contain a reasonable deductible, and, in the case of ca~tialty'::iJ1surance, the amount
thereof shall be added to the face amount of the policy in deteI1J1iIiing wh~ther the insurance at
least equals the full replacement cost. The deductible shall be'pai4hy the party who would be
liable for the loss or repair in the absence of insurance and ifrthe e~ft;lt'bf multiple parties shall
" '.
be allocated in relation to the amount each party's loss bears to 'the total:'". ",
. '-.., "'.
All insurance coverage obtained by the Board shall be written in,;~iie. name of the
Association as trustee for the respective benefitted parties, as further identifiect'in Subsection B
below. Such insurance shall be governed by the provisions hereinafter set forth: J....
A. All policies shall~.Qe written with a company licensed to do business in
Florida and which holds a Best's ratiqg';o(A or better, if reasonably available, or, if not
available, the most nearly equivalent rating.\~."" ..
\ \ ",....,
B. All policies on the Cpmm9n,)Rr~per:ty....spall be for the benefit of the
Association, the Declarant and the Members. \, ,_ .... '.
\ ~'
C. Exclusive authority to adjust losses under policies obtained by the
Association shall be vested in the Board; provided,:however, no Mortgagee having an interest in
such losses may be prohibited from participating in the settlement negotiations, if any, related
thereto.
D. In no event shall the insurance coverage obtained and maintained by the
Board hereunder be brought into contribution with insurance purchased by individual Owners,
occupants, or their Mortgagees.
E. All casualty insurance policies shall have an inflation guard endorsement,
if reasonably available, and an agreed amount endorsement with an annual review by one or
more qualified persons, at least one of whom must be in the real estate industry and familiar with
construction in the Central Florida area.
F. The Board shall make every reasonable effort to secure insurance policies
that will provide for the following:
(1) a waiver of subrogation by the insurer as to any claims against the
Board, its manager, the Owners, and their respective tenants, servants, agents and guests;
(2)
instead of paying cash;
a waiver by the insurer of its rights to repair and reconstruct,
:OR711694;S:
47
(3) a statement that no policy may be cancelled, invalidated,
suspended or subject to non-renewal on account of anyone or more individual Owners;
(4) a statement that no policy may be cancelled, invalidated,
suspended or subject to non-renewal on account of the conduct of any director, officer, or
employee of the Association or its duly authorized representative without prior demand in
writing delivered to the Association to cure the defect and the allowance of a reasonable time
period within which the defect may be cured by the Association, any Member, any Owner or
Mortgagee;
/ ',,-
/~~, - . -"-,
(5) that any "other insurance" clause i9:/~(~y exclude individual
Owners' policies from consideration; and '/^\;' , "'.'_
/( / - ".
<..1"
(6) that the Association will ~e."give!l at least thjrty (30) days prior
written notice of any cancellation, substantial modifica,ti6n,;ot.ill6'n-renew~h\,,-
,/ /' '\ "
/ // '\ - ~:
In addition to the other insurance required by this Section 1 of thMicle> XIV, the
Board shall obtain, as a Common Expense, worIf~~col11Rensatl9it,!nsurance, if a~drto the extent
required by law, directors' and officers' liability co~r~gejf re;:(Sonably available, a fidelity
bond or bonds on directors, officers, employees, and oth'er~'er~ons handling or responsible for
the Association's funds, if reasonably available, and flood insurance if required. The amount of
fidelity coverage shall be determined in the Board's best busii1~ss"juslgment but, if reasonably
available, may not be less than three (3) months' assessment on allI::ots, plus reserves on hand.
Bonds shall contain a waiver of all defenses based upon the exclusion of persons serving without
compensation and shall require..at least thirty (30) days' prior written notice to the Association of
any cancellation, substantial modification, or non-renewal.
,l " '.,..
Section 2, -Individual Insurance. By virtue of taking title to a Lot, each Owner
covenants and agrees with-cUIo.ther.'Owners, and with the Association, that each Owner shall
carry blanket all-risk casmiltylnsurance,9~their respective Lot(s) and structures constructed
thereon meeting the same requirements as sefforth in Section I of this Article XIV for insurance
on the Common Property. Each O",:,oer further covenants and agrees that in the event of a partial
loss or damage resulting in less than'total destruction of structures comprising its Lot, the Owner
shall proceed promptly to repair or to reconstruct the damaged structure in a manner consistent
with the original construction or such other plans and specifications as are approved in
accordance with this Declaration. The Owner shall pay any costs of repair or reconstruction
which is not covered by insurance proceeds. In the event that the structure is totally destroyed,
the Owner may decide not to rebuild or to reconstruct, in which case the Owner shall clear the
Lot of all debris and return it to substantially the natural state in which it existed prior to the
beginning of construction and thereafter the Owner shall continue to maintain the Lot in a neat
and attractive condition consistent with the Community-Wide Standard.
Section 3.
Damage and Destruction.
A. Immediately after damage or destruction by fire or other casualty to all or
any part of the Property covered by insurance written in the name of the Association, the Board
or its duly authorized agent shall proceed with the filing and adjustment of all claims arising
:OR711694;5;
48
\
under such insurance and obtain reliable and detailed estimates of the cost of repair or
reconstruction of the damaged or destroyed Property. Repair or reconstruction, as used in this
paragraph, means repairing or restoring the Property to substantially the same condition in which
it existed prior to the fire or other casualty, allowing for any changes or improvements
necessitated by changes in applicable building codes.
B. Any damage or destruction to the Common Property shall be repaired or
reconstructed unless the Voting Members representing at least seventy-five percent (75%) of the
total vote of the Association, or the Owners representing at least seventy-five percent (75%) of
the total vote of the Owners whose Limited Common Property is damaged, shall decide within
sixty (60) days after the casualty not to repair or reconstruct. If for any reason either the amount
of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and
detailed estimates of the cost of repair or reconstruction, or both, are not made available to the
Association within said period, then the period shall be extended until such information shall be
made available; provided, however, such extension sh(frIiOf"exceed sixty (60) additional days.
No Mortgagee shall have the right to participate iW.tf1~ determination of whether the damage or
destruction to Common Property shall be repajfed"dr,recon)hucted; provided, however, this
provision shall not apply to construction Mortgagees"Rrovjd~/c6~struction financing for such
damaged property. "'\V("
c. In the event that it should be determirledln the manner described above
that the damage or destruction to the Common Property or to"'tl;1~"9mited Common Property
shall not be repaired or reconstructed and no alternative improver!)ents are authorized, then and
in that event the affected portion of the Property shall be restored to their natural state and
maintained by the Associ,atiori in,a neat and attractive condition consistent with the Community-
Wide Standard." ,,'
Section 4. Disbursement! of Proceeds. If the damage or destruction for which the
proceeds of insurance policJes. ~re,:R.aia"is-to, be repaired or reconstructed, the proceeds, or such
portion thereof as may be tequired '[or 'such, purpose, shall be disbursed in payment of such
repairs or reconstruction as hereimuter provided. Any proceeds remaining after defraying such
costs of repair or reconstruction to 'the'Common Property shall be retained by and for the benefit
of the Association and placed in a "capital improvements account. In the event no repair or
reconstruction is made, any proceeds<remaining after making such settlement, as is necessary and
appropriate with the affected Owner or Owners and their Mortgagee(s) as their interests may
appear, shall be retained by and for the benefit of the Association and placed in a capital
improvements account. This is a covenant for the benefit of any Eligible Holder and may be
enforced by same.
Section 5. Repair and Reconstruction. If the damage or destruction to the Common
Property for which insurance proceeds are paid is to be repaired or reconstructed, and such
proceeds are not sufficient to defray the cost thereof, the Board shall, without the necessity of a
vote of the Voting Members, levy a Special Assessment against all Owners on the same basis as
provided for Annual Assessments; provided, if the damage or destruction involves Limited
Common Property, only the Owners entitled to the use of the Limited Common Property shall be
subject to Assessment therefor. Additional Assessments may be made in like manner at any time
during or following the completion of any repair or reconstruction.
:OR711694;5:
49
ARTICLE XV
NO PARTITION
Except as is permitted in the Declaration or amendments thereto, there shall be no
physical partition of the Common Property or any part thereof, nor shall any person or entity
acquiring any interest in the Property or any part thereof seek any judicial partition unless the
Property has been removed from the provisions of this Declaration. This Article XV shall not be
construed to prohibit the Board from acquiring and disposing of tangible personal property or
real property which mayor may not be subject to this Declaration.
ARTICLE XVI
CONDEMNATION
Whenever all or any part of the Common PropeI)Y'~~all be taken (or conveyed in lieu of
and under threat of condemnation by the Board act~ng/on"'tbe written direction of the Voting
Members representing at least two-thirds (2/3) of the/total Association vote and the Declarant, as
long as the Declarant owns any Property which ~Ybe..9ome ~uQject to this Declaration) by any
authority having the power of condemnation or ~mii1ent'domaiILeach Owner shall be entitled to
notice thereof. The award made for such taking shall b~Ra'ya6i~ to the Association as trustee for
all Owners to be disbursed as follows: "Z~~.,
If the taking involves a portion of the Common Prop~rtY '6n~'Yhich improvements have
been constructed, then unless within sixty (60) days after such talgIlg; the Declarant, so long as
the Declarant owns or has under contract to purchase lands within the Property, and Voting
Members representing at least seventy-five percent (75%) of the total vote of the Association,
shall otherwise agree, the Association shall restore or replace such improvements so taken on the
remaining land included in the Common Property to the extent lands are available therefor, in
accordance with plans approved by the Board. If such improvements are to be repaired or
restored, the above provisions in Article XIV hereof regarding the disbursement of funds in
respect to casualty-daD)age or destruction which is to be repaired shall apply. If the taking does
not invol.ve/atiY~iri1provements on the Common Property, or if there is a decision made not to
repair oirestore, of if there 'are net funds remaining after any such restoration or replacement is
completed;'-then such awan;f.or net funds shall be disbursed to the Association and used for such
purposes as the Board shall determine.
, .
ARTICLE XVII
GENERAL PROVISIONS
Section 1. Duration. The covenants, conditions and restrictions of this Declaration
shall run with and bind the Property, and shall inure to the benefit of and be enforceable by the
Association, the Declarant, and any Owner, their respective legal representatives, heirs,
successors and assigns, for a period of thirty (30) years from the date this Declaration is
recorded. Upon the expiration of said thirty (30) year period, this Declaration shall be
automatically renewed and extended for successive ten (10) year periods. The number of ten
(10) year renewal periods shall be unlimited with this Declaration being automatically renewed
and extended upon the expiration of each ten (10) year renewal period for an additional ten (10)
year period; provided, however, that there shall be no renewal or extension of this Declaration if
:OR711694;5:
50
during the last year of the initial thirty (30) year period, or during the last year of any subsequent
ten (10) year renewal period, Voting Members representing three-fourths (3/4) of the votes of the
Association vote in favor of terminating this Declaration at the end of its then current term.
Written notice of any meeting at which such proposal to terminate this Declaration is to
be considered, setting forth the fact that such a proposal will be considered, shall be given at
least sixty (60) days in advance of said meeting. In the event that the Association votes to
terminate this Declaration, the President and Secretary of the Association shall execute an
affidavit which shall set forth the resolution of termination adopted byAhe Association, the date
of the meeting of the Association at which such resolution was ad9pje&~::tEe date that notice of
such meeting was given, the total number of votes of Members/~f the Association, the total
number of votes required to constitute a quorum at a meeJi6g'qf~e Association, the total
number of votes necessary to adopt a resolution terminatingt(ri,s Dedaratiqp, the total number of
votes cast in favor of such resolution, and the total number of Votes castagainst such resolution.
" ~'\,
"'-' "-
Said certificate shall be recorded in the Public Records of Seminole CO.:!lrtW" Florida, and
may be relied upon for the correctness of the facts contained therein as tI1ey. tel ate to the
termination of this Declaration. Termination of this Declaration shall not haye'the effect of
terminating easements herein provided or granted prior to such termination, or terminating
contractual rights created prior to termi~ation which from the context of the contract were meant
to survive termination. \
, .
\ ~:"-(,
''\., ""'-'
Section 2. Amendments by Mp.mbers., ":Ehi,s Declaration, and the Articles of
Incorporation and Bylaws, may be amended. at a.zfy~tit;!1e"'lly-the affirmative vote or written
consent, or any combination thereof, of V otihgAvf~mbers~'r~r~senting sixty-six and two-thirds
percent (66 2/3%) of the total votes of the Association; provided, however, that if the affirmative
vote required for approval of action under the specific provision to be amended is a higher or
lower percentage, then such higher or lower percentage shall be required to approve amendment
of that provision. Notice shall be given at least sixty' (60) days prior to the date of the meeting at
which such",proposed amendment is to be considered. If any proposed amendment to this
Declaration;the Articles 'of Incorporation or Bylaws, is approved by the Members as set forth
above/the President and Secretary of the Association shall execute an appropriate amendment
which'shalL set forth the amendment, the effective date of the amendment, the date of the
meeting o'fth'eAssociation at which such amendment was adopted, the date that notice of such
meeting was given, the total number of votes of Members of the Association, the number of
votes necessary to adopt the amendment, the total number of votes cast for the amendment, and
the total number of votes cast against the amendment. If such amendment relates to this
Declaration it shall be recorded in the Public Records of Seminole County, Florida.
Section 3, Amendments bv Declarant. Until such time as the Turnover meeting
described in Article XI occurs, the Declarant specifically reserves for itself, its successors and
assigns, the absolute and unconditional right to alter, modify, change, revoke, rescind, or cancel
any or all of this Declaration or the restrictive covenants contained in this Declaration. After the
Turnover, the Declarant shall continue to have the absolute and unconditional right to alter,
modify, change, revoke, rescind or cancel any or all of this Declaration as necessary to comply
with any obligations or requirements imposed upon Declarant, or otherwise in connection with
the development of the Property, by any applicable governmental authority. Otherwise,
:OR711694;S:
51
following Turnover, this Declaration may only be amended pursuant to the provisions of Section
2 of this Article XVII.
Section 4. Restrictions on Amendments. Notwithstanding anything to the contrary
contained in Sections 2 or 3 or this Article XVII above, no amendment to this Declaration, the
Articles of Incorporation or Bylaws may (i) remove, revoke, or modify any right or privilege of
the Declarant without the written consent of Declarant or the assignee of any such right of
privilege, (ii) impair the validity or priority of the lien of any Mortgage held by a Mortgagee or
impair the rights granted to Mortgagees herein without the prior,/~ritten consent of such
Mortgagees, (iii) to the extent that any provision of the Declaratior;,.~Gl~,s of Incorporation or
Bylaws is included in satisfaction of any condition of approval 9ftQe Plat, such provision shall
not be changed, amended, modified or otherwise deleted or eli91inate(L~ithout the prior written
consent of the City, (iv) result in or facilitate a terminatio' of the~ssociation's obligation to
maintain the Common Property, or (v) change, amend, \hodify, \liriunate or delete the
restrictions contained in this Section 4 of this Article XVII. III additiOli'to the foregoing, any
amendment to this Declaration that would affect the Surface Water M'al\age!TIent System
(including any Conservation Areas) may be made only with the prior approval ofthe',BJRWMD.
)/
~/
Section 5. Assignment of Rights and Duties. Any and all of the rights, powers and
reservations of the Declarant may be assigned to any person, corporation or association which
will assume the duties of the Decla\?rit:"p~rtaining to the particular rights, powers and
reservations assigned. Upon such assigrtee'-.eYIClencing the consent in writing to accept such
assignment and assume such duties, the as~ignee<sha1no,the extent of such assignment have the
same rights and powers and be subject to th~. same/915lig~~ons-c:md duties as are herein given to
and assumed by the Declarant, as the case ma)\be: /Further>~e'Declarant may from ~ime to time
delegate any and all of its rights, powers, discretion and duties hereunder to such agent 'or agents
as it may nominate.
y'
Section 6. Special Exceptions and Variations. Unless the written consent of the
Association "is' 'first, obtained, no Owner shall file a request for zoning variations, special
exceptions oTzonihgchanges affecting or relating to land or improvements within the Property.
Section 7. MSTUs/MSBUs. In order to perform the services contemplated by this
Declaration, the Association or Declarant, in conjunction with the City and/or Seminole County,
Florida, may seek the fomlation of MSTUs and/or MSBUs. The MSTUs/MSBUs will have
responsibilities established in their enabling resolutions which may include, but are not limited
to, construction and maintenance of roadway information 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
and parks, payment of energy charges for street and pedestrian lighting, and other services
benefitting the Property. In the event such MSTUs/MSBUs are formed, the Property will be
subject to assessment for the cost of services performed within the MSTUs/MSBUs. Personnel
working for or under contract with the City or SeminoJe County shall have the right to enter
upon lands within the Property to affect the services to affect the services contemplated. Each
Owner, by acquiring lands within the Property, agrees to pay each and every MSTUs/MSBUs
assessment imposed upon the Owner's land in a timely manner, failing which such assessments
:OR7I1694;5: '
52
and special charges shall be a lien upon those lands. The Association retains the right to contract
with the City and with Seminole County to provide the services funded by the MSTUs/MSBUs.
Section 8. Surface Water Management System. The Declarant has caused or will
cause to be constructed a Surface Water Management System for the Property, including, but not
limited to, drainage canals, lakes and drainage retention/detention ponds within the geographic
area shown by the Plat. At Declarant's option, all permits or other approvals associated with the
Surface Water Management System, including, but not limited to, SJRWMD Standard
Environmental Resource Standard Permit No. , issued ,
2004 pursuant to Application No. 40-117-62762-2, a copy ofwhic~~(att~:ped hereto as Exhibit
"D", may be transferred or assigned to the Association, and the AssRciation shall be obligated to
accept such transfer or assignment, as the operating entit~~it}i l"e~J?ect to such permits or
approvals, and the entity ultimately responsible for all <~pectiZof"(;,ompliance therewith,
including, without limitation, responsibility to complete any arld~flll reqriited'~etlands mitigation,
and all required maintenance and monitoring thereof, as may be required By>---ah~ such permits or
approvals. The Association shall have unobstructed ingress to and egress from>all components
of the Surface Water Management System at all reasonable times to maintai~sai((ponds and
lakes in a manner consistent with its responsibilities as provided in Article VI awl/any rules and
regulations promulgated by the Association under authority thereof. No person whatsoever,
including any Owner, shall cause or permit any interference with such access and maintenance.
Should any Owner fail to sufficiently maintain any portion of the Surface Water Management
System within its boundaries (or any portion of a surface water management system which
connects with the Surface Water Management System), the Association shall have the authority
to maintain such portion and the cost of such maintenance shall be assessed against and become
a debt of the Owner and/~s1iall~'become immediately due and payable as provided for other
Assessments of the Assod~doh.: Consequently, no Owner shall utilize, in any way, any of the
Property drainage faetlities or i~~ofporate such facilities in the Owner's development plans,
without the express prior written con,sent of the Declarant and the Association. Further, where
~ . . . .
an Owner is contiguous to'any:onhe".4fillnage~facilities of the Property, the Owner shall prepare
its site plan so that the utilizatipIiof its property will not adversely affect the drainage facilities
and structures and so as to be, aesthetically compatible with such drainage facilities and
structures.
Section 9. Reclaimed Water. If an irrigation system capable of using reclaimed
water for irrigation purposes is installed adjacent to a Lot, and reclaimed water shall become
available, then in such events, the Association shall: (i) require the Owner of each such Lot to
use the reclaimed water for irrigation purposes and (ii) charge a uniformly applied fee for the use
of such reclaimed water.
Section 10. Enforcement. Enforcement of these covenants, conditions and restrictions
shall be by any proceeding at law or in equity and may be instituted by the Declarant, its
successors or assigns, the Association, its successors or assigns or any Owner against any person
or persons violating or attempting to violate or circumvent any covenant, conditioil or restriction,
either to restrain violation or to recover damages, and against the land and to enforce any lien
created by or pursuant to these covenants. Failure of the Association or any Owner or the
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.
lOR711694;5:
53
\.
Further, the Association and Declarant shall have the right of self help to cure any violations that
remain uncured after any required notice is given.
Section 11. Severability. Should any covenant, condition or restriction contained in,
or any Article, Section, Subsection, sentence, clause, phrase or term of, this Declaration be
declared to be void, invalid, illegal, or unenforceable, for any reason, by the adjudication of any
court or other tribunal having jurisdiction over the parties hereto and the subject matter hereof,
such judgment shall in no way affect the other provisions hereof which are hereby declared to be
severable and which shall remain in full force and effect.
Section 12. Interpretation. The Board shall have the right, except as limited by any
other provision of this Declaration or the Bylaws, to determine all questions arising in
connection with this Declaration and to construe and interpret its provisions, and its good faith,
dete~ination, ~onstructio.n or interpr~tation s~all be~~~ and bindin~. In all. cases, the
proVISIOns of thIS DeclaratIOn shall be gIven that mterpr,eta1fOn or constructIOn that will best lend
toward the consummation of the general plan of imprOvements.
/ '" ~
/." J'
Section 13. Authorized Action. All afti;;rts,.w~ich Jl~~~ssociation is allowed to take
under this instrument shall be authorized actions of the Assbf:hition 'as approved by the Board in
the manner provided for in the Bylaws, unless the terms of'thii::instrument provide otherwise.
Section 14. Termination. Should the Members O~,ASsociation vote not to renew
and extend this Declaration as provided herein, or at any time tha~ ~he Association is dissolved,
the Association shall transfer to another not-for-profit homeowners association or appropriate
public agency having similw-purposes, all ownership, rights and other'interests held at such time
by the Association in th'e',eOlTl!lldn Property, including, but not limited to, the Surface Water
Management System and the Co'ns~p'ation Areas. Any association to which that portion of the
Common Propertyconsisiing of thci,iSurface Water Management System or Conservation Areas
is conveyed must meet the;requrrementsof a "responsible entity" as required in Section 40E-
4.361(3), Florida AdministratiV'eCo'de'.and such entity must be approved in writing by the
SJRWMD and the City prior to'such conveyance. If no other association or agency will accept
such property then it will be conveyed to .a trustee appointed by the Circuit Court of Seminole
County, Florida, which trustee shall 'sell the Common Property free and clear of the limitations
imposed hereby upon terms established by the Circuit Court of Seminole County, Florida. That
portion of the Common Property consisting of the Surface Water Management System and
Conservation Areas cannot be altered, changed or sold separate from the lands associated
therewith. The proceeds of such a sale shall first be used for the payment of any debts or
obligations constituting a lien on the Common Property, then for the payment of any obligations
incurred by the trustee in the operation, maintenance, repair and upkeep of the Common
Property. The excess of proceeds, if any, from Common Property shall be distributed among
Owners in a proportion which is equal to the proportionate share of such Owner in Common
Expenses.
Section 15. Execution of Documents. The Final Approved PlatlFinal DP or Plat for
the development of the Property may require from time to time the execution of certain
documents required by governmental authorities. To the extent that said documents require the
joinder of Owners, the Declarant may, through its duly authorized officers, as the agent or the
:OR711694;5:
54
attorney-in-fact for the Owners, execute, acknowledge and deliver such documents. The
Owners, by virtue of their acceptance of deeds or other conveyance instruments conveying title
to any portion of the Property, irrevocably nominate, constitute and appoint the Declarant,
through its duly authorized officers, as their proper and legal attorneys-in-fact for such purpose.
Said appointment is coupled with an interest and is therefore irrevocable. Any such documents
executed pursuant to this Section 15 of this Article XVII shall recite that it is made pursuant to
this Section 15 of this Article XVII.
Section 16. Indemnification. To the full extent as permitted by applicable law, the
Association shall indemnify every officer, director, and committee member against any and all
expenses, including counsel fees, reasonably incurred by or imposed upon such officer, director
or committee member in connection with any action, suit, or other proceeding (including
settlement of any suit or proceeding, if approved by the then Board) to which he or she may be a
party by reason of being or having been an officer, directer'}or committee member. The officers,
directors, and committee member shall not be liabl~~6tany~mistake of judgment, negligent or
otherwise, except for their own individual willful misfeasanc~, malfeasance, misconduct, or bad
faith. The o.fficers and directors sh~ll have no 'p{rsotl;a1,liabill~,~ith resp~ct .to any contract or
other commItment made by them, III good faIth, o~b~~of-"'tb~ ASSOCiatIon (except to the
extent that such officers or directors may also be Membfus of the Association), and the
Association shall indemnify and forever hold each such dffi~er, and director free and' harmless
against any and all liability on account of any such contrict 6r,cofl?mitment. Any right to
indemnification provided for herein shall not be exclusive Oi\ulY';6ther rights to which any
\' ,
officer, director, or committee member, or former officer, director,):)};' committee member may be
entitled. Upon approval of the Board, the Association shall, as a Common Expense, maintain
adequate generalliability/arfd-oTficers' and directors' liability insurance to fund this obligation, if
" ,..--........ "-
such insurance is reasonill:Sly available.
" \ ,',
, \ .
Section 17. . 'Prollibited Act~ons. Notwithstanding anything contained herein to the
contrary, the Association Will'perforip. no-:actn()Lundertake any activity which will violate its not
for profit s~attfs:"llIldef'applicable state'orfederaLlaw.
. .~, '-.,...,~, . ',-
... -Se~tion 18. Singular, plufaJ and-:Gender. Whenever the context so permits, the use of
the singular,shall include the plural and-the plural shall include the singular, and the use of any
gender shallhe deemed to iri~lude all<genders.
Section '19. _ Construction. The provisions of this Declaration shall be liberally
construed to effectuate.its pqrpose of creating a unifoml plan for the operation of the Property.
Section 20. Notice. Any notices required to be given hereunder shall be given by
either (i) personal delivery, (ii) certified mail, postage pre-paid, return receipt requested, or (iii)
overnight courier service that provides a receipt evidencing delivery of packages, sllch as Federal
Express. The notices to be delivered to the Owners shall be sent to the addresses appearing in
their respective recorded deeds, or at such other address as such Owner has provided to the
Association. Notices to the Declarant shall be sent to the Declarant's address set forth in the
initial paragraph of this Declaration, or, if applicable, to the address of any assignee of the
Declarant's interest hereunder as set forth in any instrument recorded in the Public Records of
Seminole County, Florida. Notices to the Association shall be sent to the principal address of the
iOR711694;S:
55
Association as established in the records of the Secretary of State, State of Florida. Notices shall
not be deemed to have been delivered to the intended addressee until same or actually delivered
to the appropriate address as set forth above. Notwithstanding anything in the foregoing to the
contrary, any notice required to be given hereunder to any Member may be given to such
Member pursuant to any means authorized by the Association Act or the Bylaws. Notice to any
one or more of any co-owners of a Lot shall constitute notice to all Owners.
Section 21. Covenants Run With the Land. Each covenant, condition, restnctIon,
easement and other provision contained herein shall be appurtenant to and for the benefit of the
Property and shall be a burden thereon for the benefit of all the Property and shall run with the
land. This Declaration and the covenants, conditions, restrictions and easements created hereby
shall inure to the benefit of and be binding upon Declarant and its successors in title to any of the
Property; provided, however, that if any Owner conveys fee simple title to the portion of the
Property owned by such Owner, such Owner shall thereupon be released and discharged from
any and all obligations as Owner in connection with such portion of the Property arising under
this Declaration, the Articles of Incorporation and/or the Bylaws to be performed or arising after
the conveyance of said fee simple title, but shall remain liable for all obligations arising prior to
the conveyance of such title.
Section 22. Not a Public Dedication. Except as specifically stated in this Declaration,
nothing herein shall be deemed to be a 'gift'or_,dedication of any portion of the Property to the
general public or for the general public \of"-for'an): public purposes whatsoever, it being the
intention of Declarant that this Declaration \~~alrhe.s~ct1y}imited to and for the purposes herein
expressed. <""'~~~--"
/ "-
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Section 23. Breach Shall Not Permit termination://No breach of this Declaration shall
entitle any Owner to cancel, rescind or otherwise terminate this Declaration, but such limitation
shall not affect in any manner any other rights,or.> remedies which such Owner may have
hereunder by reason of any breach of this Declaration. Any breach of any of said covenants or
restrictions, .however"shall not defeat or render invalid the lien of any mortgage or deed of trust
made in ,g6cid faith for value, but such covenants or restrictions shall be binding upon and
effec~ive against such Owner of any of said Property or any portion thereof whose title thereto is
acquired by,foreclosure, trustee sale or otherwise.
Section 24. Attorneys' Fees. In the event of the institution of any legal proceedings
for any violation or threatened violation of any of the terms, covenants, restrictions and
conditions contained herein,,',or for the collection of any sums due and payable hereunder, or for
the foreclosures of any liens provided for herein, the prevailing party shall be entitled to recover
all reasonable costs and expenses incurred in connection with such litigation, specifically
including, but not limited to reasonable attorneys' fees, which costs and fees shall also include
those caused by reason of any appellate proceeding, re-hearing or otherwise, from the non-
prevailing party.
Section 25. Negation of Partnership. None of the terms or proVISIOns of this
Declaration shall be deemed to create a partnership between or among the Owners, Members,
Association or Declarant, nor shall it cause them to be considered joint venturers or members of
any joint enterprise. Each such entity shall be considered a separate entity and no such entity
:OR711694;5:
56
shall have the right to act as an agent for another unless expressly authorized to do so herein or
by separate instrument signed by the parties to be charged.
Section 26. Non-Merger. Notwithstanding any applicable law or legal concept or
theory, no interest, right, benefit, obligation, term, provision or covenant contained herein or
established hereby shall be deemed to merge with any other interest, right, benefit, obligation,
term, provision or covenant contained herein or established hereby. Notwithstanding any
applicable legal principle or theory including, but not limited to, the principle generally known as
"merger," the ownership of the entirety of the lands defined as the "PrORerty" by the same party
at the same time shall not result in or cause the termination of this/De'claration and, likewise,
/ / '"
ownership by the same party at the same time of both the qen~fitted and burdened lands
associated with any of the easements created herein shall not ~estill,in 'oZ cause the termination of
any of such easements. < / ~ ".
"- \ ",
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:OR711694;5:
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IN WITNESS WHEREOF, the Declarant has executed this Declaration the day and
year first above written.
WITNESSES:
"DECLARANT"
ASHTON ORLANDO RESIDENTIAL,
L.L.c., a Nevada limited liability company
Print Name:
Print Name:
By:
Name:
Title:
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STATE OF FLORIDA
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COUNTY OF ORANGE
I HEREBY CERTIFY that on this day personally appeared before me,
, the of Ashton Orlando
Residential L.L.c., a Nevada limited li~biliJ{' company, to me well known to be the person
described in and who executed the foregoi4g "ins~rument and he/she acknowledged before me
that he/she executed the same on behalf oftliecompany...
'\ "........." -
WITNESS my hand and .official seal t'h~s/<;d~Y"of, ' , 2004.
"';-'-
(NOTARIAL SEAL)
Notary Public, State of Florida
. My commission expires:
:OR711694;5i
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SHEET INDEX
COVER SHEET
EXISTING CONDITIONS AND DEMOLITION PLAN
SITE PLAN
EASEMENT PLAN
UNDERGROUND UTILITIES PLAN
PAVING AND DRAINAGE PLAN
PAVING AND DRAINAGE DETAILS
WATER AND SEWER DETAILS
LIFT STATION PLAN
ROADW A Y IMPROVEMENT PLAN
LEGAL DESCRIPTION
The West 2/5 of the East 5/8 of the North 1/4 of the Southeast 1/4 (Less the East 165
feet), Section 4, Township 21 South, Range 31 East, Seminole County, Florida.
Less an d Excep t:
Commence at the Northwest corner of the Southeast 1/4 of Section 4, Township 21 South,
Range 31 East, Seminole County, Florida; thence run North 89051'56" East along the North
line of the Southeast 1/4 of Section 4, a distance of 1050.33 feet to a 1/2" iron rod and
cap LB #68 being the Northwest corner of the West 2/5 of the East 5/8 of the North 1/4
of the Southeast 1/4 of Section 4, thence departing said North line run South 0018'36"
East, along the West line of the West 2/5 of the East 5/8 of the North 1/4 of the
Southeast 1/4 a distance of 650.17 feet to an axle with no identification, thence run North
89044'56" East, a distance of 157.50 feet to the POINT OF BEGINNING, thence South
00008'35" West to the North maintained right of way line of State Road 434, per Florida
Department of Transportation Maintenance Map Section 77070 dated March 1989, a distance
of 10 feet; thence run North 89044'56" East along said maintained right of way line a
distance of 335.03 feet to the West line of the East 165 feet of the West 2/5 of the East
5/8 of the North 1/4 of the Southeast 1/4 of Section 4, thence departing said right of
way line run North 00008'30" East, along said West line a distance of 10 feet, thence
departing said West line run South 89044'56" West, a distance of 335.03 feet to the POINT
OF BEGINNING.
Being subject to any rights of way, restrictions and easements of record.
S 4, T 21 S, R 31 E
CITY OF
WINTER
SPRINGS,
DECEMBER,
2003
APPLICANT
BARCLA Y WOODS, L.LC
1085 WEST MOORSE BLVD., SUITE A
WINTER PARK, FLORIDA 32879
( 407)644- 7335
ENGINEER
PECHT-EVANS ENGI NEERING, INC.
501 EAST JACKSON STREET, SUITE 202
ORLANDO, FLORIDA 32801
( 407)872-1515
GEOTECH
UNIVERSAL ENGINEERING SCIENCES
3532 MAGGIE BOULEVARD
ORLANDO, FLORIDA 32811
( 407)423-0504
SURVEYOR
BENCHMARK SURVEYING & MAPPING CONSULTANTS, INC.
557 WEST PLANT STREET
WINTER GARDEN, FLORIDA 34787
( 407)654-6183
PECHT-EV ANS
ENGINEERIING, INC.
101 EAST JACKSON STREET
ORLANDO, FLORIDA 12801
(407) 87:2-1111
AUTHORIZATION NO. 00006788
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GENERAL NOTES
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1. NO BURNING OF LAND ClEARING MATERIAL IS PERMITTED IN THE CITY OF WINTER SPRINGS.
2. NO CLEARING IS TO COMMENCE UNTIL TREE PROTECTION BARRIERS ARE IN PLACE AND
APPROVED BY THE CITY.
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TREE LEGENQ
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BARRICADE SYMBOL
TREE TO REMAIN WITH BARRICADE
TREE TO BE REMOVED
TREE6 DENOTES TREE TYPE AND SIZE AT CALIPER (12" ABOVE GROUND)
BAY DENOTES BAY TREE
OAK DENOTES OAK TREE
SWEET DENOTES SWEETGUM TREE
MAG DENOTES MAGNOLIA TREE
TYPEA DENOTES UNKNOWN TREE
TYPEB DENOTES UNKNOWN TREE
CITRUS DENOTES CITRUS FRUIT TREE
PALM DENOTES PALM TREE
MAPLE DENOTES MAPLE TREE
CHERRY DENOTES CHERRY TREE
EAR
DENOTES EAR TREE
HICK DENOTES HICKORY TREE
TWIN DENOTES TWO TREES AT THAT LOCATION
QUAD DENOTES FOUR TREES AT THAT LOCATION
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2x4 WOOD RAILS
6' -0. MAX.
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BARRICADES PLACED AT PROTECTIVE RADIUS
SEE NOTES THIS SHEET
TREE PROTECTION REQUIREMENTS
1. PROTECT DESIGNATED EXISTING TREES SCHEDULED TO REMAIN AGAINST:
-UNNECESSARY CUTTING, BREAKING, OR SKINNING OF ROOTS
-SKINNING AND BRUISING OF BARK
-SMOTHERING OF TREES BY STOCKPILING CONSTRUCTION OR EXCAVATION MATERIALS WITHIN DRIP-LINE
-EXCESS FOOT OR VEHICUlAR TRAFFIC
-PARKING VEHICLES WITHIN DRIP-LINE
2. ERECT TEMPORARY WOODEN BARRICADES AS SHOWN ON THIS SHEET (PLAN & DETAIL). BEFORE COMMENCEMENT
OF ANY SITE CLEARING OR GRADING. FENCE TO BE 4' HIGH MINIMUM WITH 4 X 4 POSTS AND 2-2X4 RAILS
AT 2' AND 4' ABOVE GRADE AND SHALL BE SET DEEP ENOUGH IN THE GROUND TO BE STABLE WITHOUT
ADDmONAL SUPPORT. ALL FENCING SHOULD BE A MINIMUM CLEAR DISTANCE OF 6' FROM THE FACE OF ANY
TREES 12" DBH AND UNDER AND SHALL FULLY ENCLOSE ALL TREES SCHEDULED TO REMAIN. NOTHING SHALL BE
PLACED INSIDE OF PROTECTIVE BARRICADES, INCLUDING BUT NOT LIMITED TO CONSTRUCTION MATERIAL, MACHINERY,
CHEMICAlS, OR TEMPORARY SOIL DEPOSITS. ON TREES lARGER THAN 12" DBH, BARRICADES SHALL BE NO
CLOSER THAN 10' FROM FACE OF TREE. WHEN PAVING, EXCAVATION, OR HARDSCAPE MUST BE DONE
WITHIN BARRICADES, BARRICADES SHELL BE MOVED BACK TO A SECONDARY LOCATION AT EDGE OF WORK.
EXTRA CARE MUST BE TAKEN AT THIS TIME BY THE CONTRACTOR TO INSURE THAT NO DAMAGE TO THE TREE
OCCURS.
3. PROVIDE WATER TO TREES AS REQUIRED TO MAINTAIN THEIR HEALTH DURING CONTRUCTlON WORK.
4. WHEN NECESSARY TO CUT ROOT OVER 1-1/2" DIAMETER OF TREES TO REMAIN, CUT MUST BE A CLEAN CUT,
COAT CUT FACES OF ROOTS WITH AN EMULSIFIED ASPHALT OR OTHER ACCEPTABLE COATING FORMULATED
FOR USE ON DAMAGED PLANT TISSUE. TEMPORARILY COVER EXPOSED ROOTS WITH WET BURLAP TO PREVENT
DRYING AND COVER WITH EARTH AS SOON AS POSSIBLE.
5. NO GRADE CHANGES ARE TO BE MADE WITHIN THE BARRICADES WITHOUT PRIOR APPROVAL OF THE OWNER OR
HIS DESIGNATED REPRESENTATIVE.
6. INTERFERING BRANCHES MAY BE REMOVED AT THE DIRECTION OF THE OWNER OR HIS DESIGNATED REPRESENTATIVE,
BY A QUALIFIED TREE SURGEON.
7. REPAIR OR REPLACE TREES INDICATED TO REMAIN, WHICH ARE DAMAGED IN THE CONTRUCTION OPERA-
TIONS. IN A MANNER ACCEPTABLE TO THE OWNER. EMPLOY A QUALIFIED TREE SURGEON TO REPAIR
MAJOR DAMAGES TO TREES AND SHRUBS, PROMPTLY, TO PREVENT PROGRESSIVE DETERIORATION
CAUSED BY THE DAMAGE.
8. GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR THE REPLACEMENT OF TREES DAMAGED BEYOND
REPAIR WITH 3 TREES OF SIMIlAR QUALI1Y AND SPECIES, SIZED TO MATCH THE lARGEST TREES OF THAT
SPECIES BEING PLANTED AS PER THE LANDSCAPE PLANS.
IF TREES ARE HARMED THROUGH LACK OF PROTECTION OR THROUGH NEGLEGENCE ON THE PART OF THE
CONTRACTOR, THE CONTRACTOR SHALL BEAR THE BURDEN OF THE COST OF REPAIR OR REPLACEMENT.
&
NOTE: ALL TREES TO BE SAVED SHAll BE PROTECTED WITH TREE BARRICADES
(EXCEPT FOR WITHIN UNDISTURBED WETlAND AREA).
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DATE:
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SCALE:
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CAD NAME:
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JOB #:
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SHEET #:
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DRAINAGE EASE~ENT TO BE DEDICATED TO THE CITY OF
WINTER SPRINGS AND SJRW~D AS PART or THE PLAT.
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LAND USE DATA
CURRENT ZONING:
LANDUSE:
C-1
RESIDENTIAL
(~ULTI-rA~ILY)
"
DENSITY:
NO. OF UNITS -
GROSS AREA -
UNITS/ACRE -
AREA CALCULATIONS:
TOTAL AREA:
ROADWAY AREA:
BUILDING AREA:
SIDEWALK AREA:
DRIVE WAY AREA:
TOTAL IMPERVIOUS AREA:
CONSERVATION AREA
TOTAL OPEN AREA
BUILDING SETBACKS:
fRONT: 50'
SIDE: 10'
REAR: 10'
7.45 ACRES
1.08 ACRES
2.20 ACRES
0.17 ACRES
0.31 ACRES
3.76 ACRES
0.35 ACRES
3.69 ACRES
88
7.45 ACRES
11.76 U/A
(S.R. 434)
(7' TO PATIO)
GENERAL NOTES
1.
PRIOR TO COt.tMENCEMENT, CONTRACTOR SHAll PROVIDE PECHT-EVANS ENGINEERING, INC. WITH
CONSTRUCTION SCHEDULE FOR VARIOUS SITE WORK ELEMENlS SO THAT PERIODIC SITE VISITS
MAY BE COORDINATED TO INSURE TIMELY CERTlFlCATlON OF CONSTRUCTION TO AGENCIES AND
TO AVOID DELAYS IN ISSUANCE OF CERTlFlCATES OF OCCUPANCY.
CONTRACTOR SHALL MAINTAIN A SET OF PLANS ACCURATELY MARKED-UP WITH AS-BUILT
INFORMATION ON RIM AND INVERT ELEVATIONS. AS-BUILT INFORMATION PREPARED BY A
REGISTERED LAND SURVEYOR IN ACCORDANCE WITH THE CllY OF WINTER SPRINGS LAND
DEVELOPMENT REQUIREMENlS SHALL BE SUBMITTED TO THE ENGINEER PRIOR TO FlNAL
ACCEPTANCE OF THE WORK.
REGULATORY SIGNS SHAll BE IN PLACE PRIOR TO FlNAL INSPECTION OF PAVING AND
DRAINAGE It.tPROVEMENlS.
CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTING ALL EXISTING SURVEY MONUMENTATlON.
DISTURBED t.tONUMENTATION SHAll BE RESTORED BY A FLORIDA-LICENSED LAND SURVEYOR
SELECTED BY THE OWNER AT CONTRACTOR'S EXPENSE.
CONTRACTOR IS RESPONSIBLE FOR GRADING ALL ROADWAYS TO DRAIN POSITNELY. INTERSECTIONS
SHALL BE TRANSITIONED TO PROVIDE SMOOTH DRIVING SURFACE WHILE MAINTAINING POSITIVE
DRAINAGE. SHOULD AREAS OF POOR DRAINAGE RESULT FROM THE ADJUSTMENTS DESCRIBED, THE
CONTRACTOR SHALL NOTIFY THE SITE SUPERINTENDENT PRIOR TO PLACING BASE SO THAT
RECOt.tMENDATlONS FOR CORRECTION MAYBE t.4ADE.
THE CONTRACTOR SHALl IMMEDIATELY NOTIFY THE ENGINEER Of ANY DISCREPANCIES FOUND
BElWEEN THESE PLANS AND THE FlELD CONDITIONS PRIOR TO CONSTRUCTION.
CHAPTER 17-153 OF THE FLORIDA STATUES REQUIRES THAT AN EXCAVATOR NOTIFY All GAS
UTIUTIES A t.tINIMUM OF TWO WORKING DAYS PRIOR TO EXCAVATING. DRAWINGS SHOW ONLY THE
APPROXIMATE LOCATION OF GAS MAINS AND DO NOT SHOW SERVICE LINES. THE ONLY SAFE AND
PROPER WAY TO LOCATE EITHER MAINS OR SERVICE LINES IS BY ON-SITE INSPECTION BY GAS
COt.tPANY PERSONNEL THEREFORE, EXCAVATORS ARE INSTRUCTED TO TELEPHONE THE GAS
COt.tPANY TWO WORKING DAYS BEFORE ENTERING A NEW CONSTRUCTION AREA.
ALL MEDIANS AND ISLANDS TO BE FillED WITH CLEAN SOIL
ALL PAVEMENT RETURN RADII SHALL BE MEASURED FROM THE EDGE OF PAVEMENT UNLESS
OTHERWISE NOTED.
ALL DISTURBED AREAS SHAll BE RETURNED TO PRECONSTRUCTION CONDITIONS, OR BEITER.
ALL PAVEt.tENT MARKERS, STRIPING, SIGNAGE, AND OTHER TRAFFIC CONTROL DEVICES TO BE
INSTALLED BY CONTRACTOR PER F.D.O.T AND CI1Y Of WINTER SPRINGS STANDARDS.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
THE FOLLOWING AGENCIES AND COMPANIES SHAll BE NOTIFlED 48 HOURS PRIOR TO BEGINNING
CONSTRUCTION:
A. WINTER SPRINGS PUBLIC WORKS
B. WINTER SPRINGS PUBLIC UTILITIES
C. PEOPLE'S GAS SYSTEMS
D. BEll SOUTH TELEPHONE
E. BRIGHT HOUSE NETWORKS
F. PROGRESS ENERGY
407
407
407
407
407
407
327-1800
327-1800
425-4661
351-8041
295-9119
359-4429
13.
THE CONTRACTOR SHALL BE EXTREMELY CAUTIOUS WHEN WORKING NEAR TREES WHICH ARE
TO BE SAVED. IF THERE A QUESTION AS TO WHETHER A PARTICULAR AREA SHOULD BE CLEARED,
THE CONTRACTOR SHALL CONTACT THE OWNER FOR FURTHER INSTRUCTIONS.
14.
BOUNDARY AND TOPOGRAPHIC DATA />S PROVIDED TO PECHT -EVANS ENGINEERING, INC. BY
". BENCHMARK SURVEYING & MAPPING CONSULTANTS, INC., DATED OCTOBER 11, 2003.
THIS PROPERlY LIES IN FLOOD ZONE Y', ACCORDING TO THE F.E.M.A. FLOOD
INSURANCE RATE MAP COMt.tUNI1Y-PANEL NUMBER 12117C0155 E, DATED APRIL 17. 1995.
16.
ALL MARKINGS TO COMPLY WITH F.D.O.T. ROADWAY AND TRAFfIC DESIGN STANDARDS,
MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES.
ALL FlLl ON THE PROPERlY SHALL BE ADEQUATELY COMPACTED TO 95% OF STANDARD PROCTOR
BY ROWNG TO PRODUCE A SURFACE SATISFACTORY FOR THE PROPER INSTALlATION OF BASE
COURSE AND PAVING. BEFORE COt.tMENCING PAVING WORK, THE PAVING CONTRACTOR MUST MAKE
CERTAIN THAT THE SURFACES TO BE COVERED ARE IN PROPER CONDITION. SURFACE NOT ACCEPTABLE
SHALL BE REPORTED TO THE ENGINEER It.tMEDIATELY. THE APPUCATION OF PAVING MATERIALS SHALL
BE HELD TO BE IN ACCEPTANCE TO THE SURFACES AND WORKING CONDITIONS OF THE PAVING
CONTRACTOR WHO WILL BE HELD RESPONSIBLE FOR THE RESULTS REASONABLE TO BE EXPECTED.
THE PLAT SHALL BE RECORDED PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS PER
CI1Y CODE 9-178.
THE PLAfS WESTERLY PROPERlY UNE IS 2,183 FEET EASTERLY OF THE EASTERLY RIGHT -Of -WAY
LINE OF THE CENTRAL FLORIDA GREENEWAY (S.R. 417).
BUILDINGS, t.tECHANICAL EQUIPEMENT, BACK FLOW PREVENTERS, SATELUTE DISHES, ETC. ARE
TO t.tEET SECTION 20-472 OF THE CI1Y OF WINTER SPRINGS LAND DEVELOPENT CODE.
THE ENTRANCE GATE SHALL CONFORM TO THE -EMERGENCY ACCESS REQUIREMENTS
OF THE CITY OF WINTER SPRINGS LAND DEVELOPMENT CODE.
PROPOSED SIGNAGE IS TO MEET THE SR 434 NEW DEVELOPMENT REQUIREMENTS OF THE
WINTER SPRINGS LAND DEVELOPMENT CODE SECTION 20-470.
17.
19.
TREE LEGEND
e'" TREE TO REMAIN (20. OR LARGER)
~'l,
r:,'"
o
TREE TO REMAIN (19" OR LARGER)
TREE TO BE REMOVED
DENOTES TREE TYPE AND SIZE AT CAUPER (12" ABOVE GROUND)
DENOTES BAY TREE
DENOTES OAK TREE
PAlM DENOTES PAlM TREE
MAPLE DENOTES MAPLE TREE
CHERRY DENOTES CHERRY TREE
SWEET DENOTES SWEETGUM TREE
MAG DENOTES MAGNOLIA TREE
TYPEA DENOTES UNKNOWN TREE
TYPES DENOTES UNKNOWN TREE
CITRUS DENOTES CITRUS FRUIT TREE
EAR
DENOTES EAR TREE
DENOTES HICKORY TREE
DENOTES 1WO TREES AT THAT LOCATION
DENOTES FOUR lREES AT THA T LOCATION
HICK
TWIN
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DATE:
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SCALE:
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NOVEMBER 100.
SCALE:
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UTILITY NOTES.
1. CONTRACTOR IS TO VERIfY THE LOCATION OF ALL EXISTING UTlUTlES PRIOR TO
CONSTRUCTION IN THEIR VICINITY. ANY DAMAGE TO EXISTING UTlUTlES SHALL BE
REPAIRED BY THE CONTRACTOR I>S SOON I>S POSSIBLE.
2. WATER MAINS AND SANITARY SEWER GRAVITY MAINS ARE TO HAVE A 10' (MIN.)
HORIZONTAL SEPARATION DISTANCE MEASURED FROM EDGE TO EDGE. IF THE
HORIZONTAL SEPARATION DISTANCE IS LESS THAN 10'. THE SANITARY SEWER
MAIN SHALL BE UPGRADED TO DUCTILE IRON PIPE AND PRESSURE TESTED.
IN NO CASE SHAlL THE SEPARATION BE LESS THAN ALLOWED BY THE
FDEP (SEE FDEP NOTES ON SHEET 8).
3. AT WATER MAIN/SANITARY SEWER GRAVITY MAIN CROSSINGS, PROVIDE A (MIN.)
VERTICAL SEPARATION DISTANCE Of 18- BETWEEN THE BOTTOM OF THE UPPER
PIPE AND THE CROWN OF THE LOWER PIPE. IF THE VERTICAL SEPARATION IS
LESS THAN 18-, THE SANITARY SEWER MAIN SHALL BE 20 LF, CENTERED ON THE
POINT Of CROSSING, Of DUCTILE IRON PIPE AND PRESSURE TESTED.
IN NO CASE SHAll THE SEPARATION BE LESS THAN ALLOWED BY THE
FDEP (SEE FDEP NOTES ON SHEET 8).
4. ALL POTABLE WATER MAINS, SANITARY SEWER GRAVllY MAINS, AND FORCEMAlN
TO MEET THE CITY Of WINTER SPRINGS SPECIFICATIONS.
5. MINIMUM SLOPE ON ALL SANITARY SEWER GRAVITY MAINS TO BE 0.30%.
MINIMUM SLOPE ON ALL SANITARY SEWER LATERALS TO BE 1.0%.
6. RESTORE ALL DISTURBED RIGHT-Of-WAY AREAS TO PREVIOUS CONDITION.
7. ALL WORK ON UTILITIES SHALL BE OPEN TO AND SUBJECT TO INSPECTION BY
AUTHORIZED PERSONNEL OF THE UTILITY COMPANIES, OWNER, AND PROJECT
ENGINEER.
8. HYDROSTATIC TESTING SHALL BE PERFORMED IN ACCORDANCE WITH AWWA
C600 OR M23 I>S APPLICABLE.
9. DISINFECTION OF THE WATER DISTRIBUTION SYSTEM SHAll BE PERFORMED IN
ACCORDANCE WITH AWWA C651.
10. AT WATER MAIN/STORM SEWER CROSSINGS, PROVIDE A (MIN.) VERTICAL SEPARATION
DISTANCE OF 18- BETWEEN BOTTOM OF THE UPPER PIPE AND THE CROWN OF THE
LOWER PIPE. IF SEPARATION IS LESS THAN 18-, THE WATER MAIN SHALL BE 20 LF
OF DUCTILE IRON PIPE CENTERED ON THE POINT OF CROSSING.
11. WATER MAINS AND STORM SEWER MAINS ARE TO HAVE A 10' (MIN.) HORIZONTAL
SEPARATION DISTANCE. IF THE HORIZONTAL SEPARATION IS LESS THAN 10', THE WATER
MAIN SHALL BE AWWA C150/C151 DUCTILE IRON IN THOSE LOCATIONS. THE CONTRACTOR
IS TO DEFLECT WATER MAINS AROUND DRAINAGE STRUCTURES TO AVOID CONFlICTS.
12. P.V.C. WATER MAINS SHAlL BE C-900, DR 18 I>S SPECIFIED IN THE CITY OF
WINTER SPRINGS STANDARDS FOR WATER MAIN CONSTRUCTION.
13. CONTRACTOR SHALL MAINTAIN MINIMUM 3' COVER OVER WATER MAINS, SANITARY
SEWER GRAVITY MAINS, AND FORCE MAIN.
14. SANITARY SEWER GRAVITY MAINS SHAll BE SDR 35 PVC.
15. P.V.C. WATER PIPES MUST BEAR THE NSf LOGO FOR POTABLE WATER USE.
P.V.C. WATER PIPES WITH DIAMETERS LESS THAN 4 INCHES SHAll BE SCHEDULE 40 PVC
IN ACCORDANCE WITH ASTM 1785. P.V.C. WATER PIPES WITH DIAMETERS OF 4 INCHES
AND GREATER SHAlL BE C-900, DR 18.
16. ALL DUCTILE IRON PIPES MUST BE IN ACCORDANCE WITH AWWA C160/C151.
17. AT SANITARY/STORM SEWER CROSSINGS, PROVIDE A (MIN.) VERTICAL
SEPARATION DISTANCE OF 18- BETWEEN BOTTOM OF THE UPPER PIPE AND THE
CROWN Of THE LOWER PIPE. If SEPARATION IS lESS THAN 18-, UPGRADE THE
SANITARY GRAVITY PIPE TO SDR 26 PVC. FOR FORCE MAINS. UPGRADE THE
FORCE MAIN TO C900 DR-18 PVC. A MINIMUM OF 12- CLEARANCE IS REQUIRED
AT THE CROSSINGS.
18. SEPARATION REQUIREMENTS Of 10 FEET HORIZONTAL AND 18 INCHES VERTICAL
CLEARANCE BETWEEN FORCE MAINS AND POTABLE WATER MAINS MUST BE MAINTAINED.
ON-SITE WASTEWATER COLLECTION SYSTEM AND UFT STATION SHALL BE PUBUCLY OWNED.
ON-SITE WATER SYSTEM SHAlL BE PUBLICLY OWNED.
ALL NEW OR RElOCATED UTILITY UNES TO BE CONSTRUCTED OR INSTALlED UNDERGROUND.
BUILDINGS. MECHANICAL EQUIPEMENT. BACKFLOW PREVENTERS. SATElliTE DISHES. ETC. ARE
TO MEET SECTION 20-472 Of THE CITY OF WINTER SPRINGS LAND DEVELOPENT CODE.
23. NO OBSTRUCTIONS SHAll BE PLACED WITHIN 6' OF PROPOSED FIRE HYDRANTS.
THIS INCLUDES UGHT POLES. POWER TRANSFORMERS. TREES. TAll BUSHES, ETC.
THE SEWER UNE AND LATERALS ARE REQUIRED TO BE VIDEOTAPED WITH A
COPY TO THE CITY PRIOR TO CERTIFICATION.
&19.
20.
L1. 21.
22.
&24.
&SANITARY MANHOLE DATA
(}) SANITARY MANHOLE ~
RIM ELEV 18.96 ~
IE 11.65 (E)
IE 9.67 (W)
IE 9.57 (S)
SANITARY MANHOLE
RIM ELEV 18.40
IE 10.23 (SW)
IE 10.14 (E)
(j)
SANITARY t.tANHOLE
RIM ELEV 18.56
IE 12.69 (S)
IE 12.69 SAN SERV
IE 12.19 (W)
(J)
SANITARY MANHOLE
Rlt.t ELEV 18.44
IE 10.94 (S)
IE 10.94 SAN SERV
IE 10.84 (NE)
@
SANITARY MANHOLE
RIM ELEV 18.44
IE 14.89 (S)
IE 13.89 (N)
IE 13.99 SAN SERV
(j)
SANITARY MANHOLE
RIM ELEV 19.65
IE 14.05 (E)
IE 14.05 SAN SERV
IE 12.10 (N)
(j)
SANITARY MANHOLE
RIM ELEV 19.60
IE 15.74 (W)
IE 15.64 (N)
IE 15.74 SAN SERV
(j) SANITARY MANHOLE
RIM ELEV 20.55
IE 15.30 (W)
o
LIFT STATION
WET WELL TOP ELEV 19.5
IE IN 9.50
SANITARY MANHOLE
RIM ELEV 20.30
IE 16.09 (E)
IE 16.19 (SAN SERV)
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SCALE: NTS
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DATE:
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SCALE:
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CAD NAME:
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%7' HIGH RETAINING WALL
(TOP Of WALL = %18.5)
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- CLEAN OUT #2
TOP EL 18.90
INV EL 12.90
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GRAPHIC SCALE
30 0 15 30
~II
60
I
( IN FEET )
1 inch = 30 ft.
LEGEND
@
STORM MANHOLE
STORM PIPE
GRATE INLET
CLEAN OUT
SILT FENCE
ROOF DRAIN LOCATION
DRAINAGE FLOW ARROW
[]
.
'D D D
RO
~
@D STORM STRUCTURE NUMBER
PAVING & DRAINAGE NOTES
1.
2.
3.
FINISHED FlOOR ELEVATIONS ARE 4- ABOVE SOD AT SLAB ON ALL SIDES.
ELEVATIONS SHOWN AT CURB ARE EDGE OF PAVEMENT GRADES.
F.D.O.T. INDEX NO. 102 AND 103 SHALL BE USED FOR EROSION AND SEDIMENT
CONTROL BEST MANAGEMENT PRACTICES AS REQUIRED BY THE CllY OF
WINTER SPRINGS SHALL BE OBSERVED.
COORDINATION WITH LANDSCAPE CONTRACTOR TO ASSURE POND IS SODDED
TO PREVENT SCOURING.
SITE GRADING, PAVING, AND DRAINAGE MATERIALS AND CONSTRUCTION SHALL
CONFORM TO THE CllY OF WINTER SPRINGS AND F.D.O.T. DEVELOPMENT STANDARDS
AND SPECIFICATIONS.
IT WILL BE THE RESPONSIBILIlY OF THE CONTRACTOR(S) TO INSURE THAT ALL
REQUIRED PERMITS ARE OBTAINED AND ARE IN HAND PRIOR TO THE
COMMENCEMENT OF CONSTRUCTION.
THE CONTRACTOR SHALL COORDINATE WITH LANDSCAPE CONTRACTOR TO ASSURE
POND IS SODDED TO PREVENT SCOURING.
THE STORM WATER RETENTION/DETENTION POND SHALL BE CONSTRUCTED
DURING THE EARLY STAGES OF CONSTRUCTION. SODDED AND/OR SEEDED
AREAS SHOULD HAVE VEGETATION ADDED AS SOON AS FEASIBLE.
SOILS INFORMATION PROVIDED TO PECHT-EVANS ENGINEERING, INC. BY
UNIVERSAL ENGINEERING SCIENCES.
THE PROPOSED GRADES SHALL MATCH THE EXISTING GRADES AT THE PROPERlY LINE.
ALL CONSTRUCTION ACTMTIES PROPOSED ALONG THE EXISTING WETLANDS SHALL
REQUIRE PLACEMENT OF A DOUBLE SILT FENCE PLACED ;3 FEET APART UPLAND
OF THE WETLANDS. THE PROPOSED SILT FENCE SHOWN ON THE PLANS IS THE
MINIMUM REQUIRED. ADDITIONAL CONTROLS TO BE UTILIZED AS NEEDED. THE
CONTRACTOR SHALL INSTALL THE SILT FENCE PRIOR TO ANY CLEARING OR
GRADING ON-SITE. ONCE SILT FENCE HAS BEEN INSTALLED. THE CONTRACTOR
SHALL MAINTAIN INTEGRllY THROUGH PERIODIC INSPECTION AND REPAIR.
THE CONTRACTOR SHALL ERECT PERMANENT PROPERTY MONUMENTS THAT ARE
VISIBLE AND WHICH CLEARLY DEFINE THE CONSERVATION AREA BOUNDARY
BETWEEN THE DEVELOPMENT AND CONSERVATION AREA. THESE MONUMENTS SHOULD
BE VISIBLE AND DURABLE (4-INCH SQUARE CONCRETE PILLARS OR PRESSURE
TREATED WOOD POSTS) AND SHOULD BE INSTALLED AT ALL CHANGES IN DIRECTION
OF THE EASEMENT AREA BOUNDARIES.
THE CONTRACTOR SHALL INSTALL SMALL, PERMANENT SIGNS AT 100- TO 150-FOOT
INTERVALS AROUND THE ONSITE PRESERVE TO REMIND LANDSCAPING CREWS (AND
OTHERS) THAT THIS AREA MUST REMAIN UNDISTURBED IN PERPETUllY. SEE
CONSERVATION AREA SIGN DETAIL.
ROOF DRAINAGE SHALL FLOW INTO INTERNAL STORMWATER DRAINAGE SYSTEM.
SEE SHEET #7 FOR UNDERDRAIN DETAILS.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
6'
6'
~:7 -~-",
l' MIN.
MATCH EXIST. MATCH EXIST.
SEE PLAN
FOR ELEV
NOTE: SWALE SIDE SLOPES AND BOTTOM SHALL
BE SODDED, MEANDER SWALE AROUND EXISTING
TREES TO BE SAVED WHERE NECESSARY.
SW ALE SECTION
NTS
STORM STRUCTURE DATA
@
GRATE INLET
FOOT TYPE "E"
GRATE ELEV 18.22
IE 11.00 (E)
IE 12.00 (N) (12"HOPE)
~ STORM MANHOLE
~ GRATE ELEV 19.10
IE 13.10 (E c!c NW)
GRATE INLET
FOOT TYPE "E"
WITH · t BOTTOM
GRATE ELEV 19.60
IE 7.70 (N, E, c!c W)
@ HEADWALL
TOP ELEV t 18.00
IE 12.90
STORM MANHOLE
RIM ELEV 18.70
IE 12.70 (12" HOPE)
IE 10.50 (W)
IE 9.50 (S)
@
STORM MANHOLE
GRATE ELEV 19.81
IE 12.15 (15")
IE 9.90 (N c!c E)
@
GRATE INLET
FOOT TYPE "c"
GRATE ELEV 19.00
IE 13.00 (15")
IE 16.10 (6")
GRATE INLET
FOOT TYPE "c"
GRATE ELEV 19.00
IE 13.00 (15")
IE 16.10 (6")
~ BROOKS BOX
GRATE ELEV 18.00
IE 11.50
GRATE INLET
FOOT TYPE "E"
GRATE ELEV 18.00
IE 12.20 (12" HOPE)
IE 9.30 (N c!c S)
@)
GRATE INLET
FOOT TYPE "E"
GRATE ELEV 18.00
IE 10.35 (N, S, c!c W)
@
@
GRATE INLET
FOOT TYPE "E"
GRATE ELEV 18.00
IE 10.70 (N Be S)
GRATE INLET
FOOT TYPE "E"
GRATE ELEV 18.00
IE 12.20 (12" HOPE)
IE 8.80 (N Be S)
@ FLARED END SECTION
IE 7.00
@>
CONTROL STRUCTURE
IE 13.30 (30")
SEE DETAIL ON
SHEET 7
GRATE INLET
FOOT TYPE "E"
GRATE ELEV 20.16
IE 12.25 (15")
IE 8.20 (N Be W)
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o ii TOP EL 18.40
0' if INV EL 13.37
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ET
CHECKED:
TT
DATE:
NOVEMBER. looa
SCALE:
1".ao'
CAD NAME:
BW _DRAINAGE
JOB #:
14101
SHEET #:
~
10
","OF
6
.HEET.~
r
NOTE: DISTANCES SHOWN FROM REAR OF
BUILDINGS TO THE PROPERTY LINE DO
NOT INCLUDE PATIOS.
I-----'
~
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l.LJ
Z
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W
a..
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8'
-
0..1
81
18'
-
1% MIN.
FINISHED FLOOR ELEVATION
15'
4; 1 MAX.
'==::::l
(;\ BUILDING 7 - SECTION 'A'
~ SIDE VIEW
N.T.S.
18'
0..1
81
----
:I: 15'
FINISHED FLOOR ELEVA nON
1~MIN.
1--
3' TO 6'
HIGH
~
BUILDING/RETAINING ..---'
WALL i-
....
~ BUILDING 5 - SECTION 'B'
~ SIDE VIEW
N.T.S.
0..1
81
18'
VARIES
FINISHED FLOOR ELEVA nON
1% MIN.
--
~
BUILDING/RETAINING ~
WALL --
--
7' HIGH
~ BUILDING 4 - SECTION 'c'
~ SIDE VIEW
N. T. S.
18'
J~
IW
FINISHED FLOOR ELEVA nON
1~ MIN.
-
3' TO 6'
HIGH
.l ,..'f..
~
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WALL
I
I-----'
...
MA TCH EXIST.
GRADE
l.LJ
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W
...J
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1% MIN
~
-L~. T
L5' s/w
(TO BE CONSTRUCTED
BELOW ROADWAY
GRADES) &
'-'
z
9 10' BERM
iE (SOD)
STABILIZED
&
?n: 1
(;\ BUILDING 3 - SECTION '0'
~ SIDE VIEW
N. T.S.
~
18'
a..
o
W
:i::36'
FINISHED FLOOR ELEVATION = 22.0
1~ MIN.
~---
'- BUILDING/RETAINING
WALL
==
-
SWALE
SEE SHEET 6 FOR ELEV A nON AND SEcnON
~ BUILDING 9
~ SIDE VIEW
N.T.S.
- SECTION ' J'
VARIES
TOP OF BERM = 18.0'
/
~
ELEV. '~I 4
117
25YR/24HR PEAK STAGE = 16.3'
~j
4 ~1
""-
CONTROL ELEV. = 14.0'
BOTTOM = 3.0'
NOTE: SIDE SLOPES SHALL BE SODDED.
SOD TO EXTEND OVER BERM AND
ALL TIE -IN BACK SLOPES.
0\ TYPICAL WET POND SECTION
~ N. T.S.
W
z
::i
~
0:::
W
a..
o
0:::
a..
MA TCH EXIST.
GRADE
l.LJ
Z
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a..
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0:::
a..
l.LJ
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::i
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I.L.
u..
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lD
I
'-----l
10' BERM ~
(SOD) g
STABILIZED iE
&
20:1
v- 'Of Grate
~~
'- 'tf ~t
HALF SECTION CAST IRON GRA TES
,
~L
8H
--
WI
Open
RINr.
~ STdtllNOlk J
~O~
~~&~~r ~ ~
.~_I!I.rv.
COMPLETED INLET
Anchor BoltlS WTt:h 2. - ~ x Z' x 4'
StoktlS Per Bole..
---
OTtoJh
------
~rb & Gutter ___
.
. r Apron
I
----- OTtch
---
PARTIAL INLET
DITCH BOTTOM INLET
PROTECTION AROUND INLETS OR SIMILAR STRUCTURES
Prw. (Options: Z' x <(' Or I
21 MTn. OTa. Wood, Steel,
1.33 Lbs/Ft. MTn.) I.
OptTonol Post Pos1t1on~"Jt ,____ PrTncTple Post PosTtTon
'ii! y (Canted 2tJ' Toward Flow)
FT/ter FabrTe (In ~'"
Conformance With 1i ~
SIlC. 985 FOOT Spec.) ~
FUter Fabrfe
, . J ~T/t Flow
"\
6' Max.
I
,
.1
~
::a ~
e .r:
.0;;
;.., ...
~
\!r-
.
"
~
!!!
10 ,
~'--
.
ELEVA TION
SECTION
Note: ST/t Fence to be pafd for under the contract unTt prTce for Staked STIt Fience (IF).
TYPE 1lI SILT FENCE
~
- -
-.. -
oj-
I
~
Jo ':_". -
i SfIt Flow
I~
":
>-
.,
,",
or
~.:
I~j
~', ~'"
If.
4'
.
· 7'
----- .:-:-:--
-
- -
..
! ..:.',.'
.-
-
";.::: ,..:'-=:::.:
Type 11I Silt Fence ProtllCtlon
Around OTtch Bottom Inlets.
Note: Spacing for Type III Fence to be In
aocordance with Chart I, Sheet I of :1
and d11c:h TnstalkltTons at draTnage
structures Sheet 2. of J.
Type 11I SfIt FefICJI
Do not deploy Tn a manner that slit fences wl/l act as a dam across pef7TK1f'lent flowTng
wateroourses. ST/t fences are to be used at uplond locafTons and turbfdTfy barrTers
used at permanent bodTes of water.
SILT FENCE APPUCATIONS
(;\ BALED HAY OR STRAW BARRIERS AND SILT FENCES
~ N.T.S.
I 3'-<(' I. 2{
~~~~~;j~1r
;-
--r~~
~~~
\. T~~ \.
I I
~ ~
"""-L=~
T~~
~=
J'AI .-
"'-LI~ -.. {~
~~~f ~~ .Jl!ff
TYPE E
Approx. Weight E I..bs.
CAST IRON GRA TE
l---4~'-<('
10
-I
jJ'-(f'
~..
2.t
2~'
~
I
Y'I
~
I
~
!:
-~
~
~
fo
PLAN
I"
3' -<('
-I
sr~L. ;,'.~; I;-:v--sf
Hr - - · H~
r Gratte ---" c :+- ~
~ ~ 1 "Lei. 1 '"'---'Eye Bolts
~ : ~ll 11 See Index 2.01
10- =-- + ---. ~.~ ___ #4 &Irs
e IZ' Ctrs.
.
l.\I~
~ : It
~ I.i
~ ~ !
J
SEICTlON
TYJPE E
Recommended' I/axifllJlfl Pipe Sizer
J'-f1' Wloll-2-1' Pipe
.f-6' Wlall--f?! Pipe
TYPE E
Straight 80rs ex f
RetlooITne Bors I ~ x i-
Bands Irx!/
Approx. WeTgM 21S I..bs.
STEEL GRA TE
GENERAL NOTES
I. These Tn/ets are suTfable for bllr:ycle and pedestrTan areas and are to be used Tn dffches.
medfans and other areas subject to infrequent traffic loadifl(J$ but are not to be placed
Tn artKI$ subject to any hetNy wlfleel loads.
2. Inlets subject 10 mTnTmal dtbrTs' should be aonstflJf1ted wNhout slotS. Where debrTs Ts a
problem Tnlets shOuld be otIMtrtJtDted wTth slots. Slotted Tnlets /ooated wNhTn roadway
clear zones and Tn areas oocessHble 10 pedestrTans shall have trtNersable slots. The
traversable slot modlftcaffOll Is mot adaptoble 10 Tnlet Type H. Slots may be constructed
at eTther or both ends as shown on pions.
4'-6H
lu
..
~
I-
~~
.s:
- --0
~
J' -fY'
J. Steel grates are 10 be used on all inlets where bicycle tnJffic is anticipated. Steel grates
are to be used on all Inl,ts wTtth traversable slots. ENher ()Qsf Tran or steel gratts may be
used on Inlets wTthout slots whttre blcyc:/e traffle Is not antTclpated. EIther cast Tran or
steel grates may be used on 0111 Inlets wIth non -trtNerst1ble slotS. Subject to the se/ectTon
descrTbed above. when Alternate G grate is specifIed Tn the plans. e1ther the steel grate,
hot dfpped galvonTzed affer fabtrtcafTon, or the ()Qsf Tran grate may be used, unless the
plans stTpulote the partkJJlor tylf)e.
~
~ - -
6'-(1'
Unless otherwise
Shown On Plans
a
....
....
o
CI:l
~
.2
~
trv)
-CI:l
6. Pavement to be used on Inlets without slots and inlets wTth non-trtNersable slots only
when oa/led for Tn the planS, 1M requTred on all traver8able slot fn/ets. Cost 10 be
included In contract unit prTce for inlets. lUmtitTes shown are for fnfonnafion only.
4. Recotnmended maxTnum pipe sTzres shown are for oanorete pTpe. PTJJe sTzes larger than
those rfJOOtnffltlnded ftWJst be chetclced for fTt.
5. All exposed corners and edges of ooncrete art; 10 be chamfered f'.
J'-~'
Unless otherwise
Shown On Plans
L
..!l
....
<
NOTE: Alt. B Structure Bottom Only. See Detail No. 200
7. TrtNersable slotS consfnJoted Tm existing inlets shall be paid for as Inlets partTal,
and shall Include the cost for sllOt openTngs, pavfng and any requTred replacement grates.
STRUCTURE BOTTOM FOR INLET TYPE E
8. SoddTfIfl 10 be used on all Tn/ets I'tOt located Tn paved areas and paTd for under contract
unit price for Sodding sr.
9. For supplementary detaTls see /DetaTl No. 2DI.
(;'\ F.D.O.T. TYPE E INLET
~ (TRAFFIC BEARINGI
N. T.S.
24" WEIR2~
@ EL 15.2'
I
I ~ 4'-4"
'"
I'
I
1/4" Fiberglass Skimmert~
with Galv. Steel Brackets ~
J' 4'-4" 5~"
5/H I~ 3'-(J' ~ H~~
r Grate ~ , I.~
- /STS 3(1' RCP (/) ~ -1 1 "---Eye Bolt
2~H PIPE INV. '" 13.3 .~ ~ -Z'. CI. ~ See Index 201
E ~ ~ r"'1 ~ ~;l
E L V. = 14.0 ~ r ~ "
II ' V ELEV. '" 13.5 JJ 6" t\l 1
)~ ' ~ ----. . ~ ~#4 Bars@
8" /"" '" 1
c.. - 12" Ctrs.
- ORIFICE
6'-4"
I
/
.---
~
-
--
ORIFICE ~ I--
~ I"
I"'" 24-
9 i;1 "'Id=
!'--lo
:~
3'-(1'
~
I
~
IZ' 8"
v-
// I--
48" WEIR -- ~ :
@ EL 15.2'
SECTION
TYPE E
--
\
PLAN \
~ 24" WEIR
@ EL 15.2'
I"
~
TOP ELEV. = 17.2'
----------
...."
...
....
"
'"
'"
'"
/
/
I
I
I
I
I
I
I
I
I
I
I
I
I
I
\
\
\
\
\
\
\
\
/--'~~"
" O...~\ ""
\ / "
'-~ "
............----------"""....
STEEL
GRA TE
J'-4"
IZ'
----
-
-,
",
,
,
,
,
,
,
,
\
\
\
\
\
ANTI-CLOGGING DEVICE \
(ORIFICE) \
I
I
I
I
(1)-6" PVC CROSS I
(2)-6" PVC CLEAN OUTS /
(1 )-6. PVC CAP WITH /
3.0" DIA ORIFICE /
I
I
/
/
/
/
/
/
/
....
,,"
..,
1/4" Fiberglass Skimmer-
with Go Iv. Steel Brackets
~
t\I~
~
II) ~
..
!~
~ V) S
l\J ~ J
\
l
!Xl
"
"=!!e
"'t-
o
5'-10/1
96" WEIR ELEV. '" 15.2'
SKIMMER BOTTOM = /4.6'
IZ'
..:-=..
Grate~1
l-- 4f1'--l
TYPE E
Straight Bors [!Ix f
Reticuline Bors Ii x iH
Bonds Ifxf
Approx. Weight 2/5 Lbs.
&
ORIFICE ELEV = 14.0'
BOTTOM ELEV 13.0'
FRONT VIEW
TYPE E
ORIFICE
@ INV. '" 14.0
GENERAL NOTES
I. These Tnlets are suTtable for bToyo/e and pedestrTan areas and are 10 be used Tn d1tohe8.
medTons and other areas subJect to Infrequent traffle IoadTfI(J$ but are not to be placed
In areas subject 10 ony hetNy wheel loads.
2.. Inlets subject 10 mTnlmal d,brTs should be oonstflJf1ted without slots. Where debris Is a
problem Inlets should be constructed with slots. Slotted Inlets looated within roadway
clear zones and fn areas accessTble to pedestrTons shall have trtNersable slots. The
trtNersable slot modlfToatTon Ts not adaptabie 10 T"/et Type H. Slots may be construated
at eTther or both ends os shown on plans.
4' - 5' WIDE
J. Steel grates are 10 be used on all Tnlets where bTcyc/e fraffTc Ts antTcTpafed. Steel grates
are to be used on all Tnl,ts wNh traversable slots. EIther oa8t Tran or steel grates may be
used on Inlets wIthout slots where bToyo/e traffTo Ts not ontToTpafed. ETther ()Qsf fran or
steel gratts may be used on all Tnlets wTth non -traversable slots. Subject 10 the selectTon
desorTbed abo'le, when Alternate G grate Ts speolfTed Tn the pions. e1ther the steel grate,
hot dTpped gal'lanTzed after fabrToatTon, or the ()Qsf Tran grate may be used, unless the
pions stTpulote the partToolar type.
6. Pavement 10 be used on Tnlets wTthout slots and fnlets with non-traversable slots only
when oalled for In the plQfJS: wt requIred on all traversable slot Tn/ets. Cost to be
Tncluded Tn contract unTt prTce for Inlets. QJantTtles shoWn are for fnformotTon only.
/4" THICK
~(~ .. /. -. ~"'. -
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ill, "W,J .\ '11'111111111111111111/
CONCRETE WALK AT 3,000 P.S.I.; L
WOOD FLOAT FINISH, SAW CUT
CONTRACTION JOINTS AT
5' O.C. MIN. EXPANSION JOINTS COMPACTED SUBGRADE
AT 20' O.C. MIN. 95~ MAX DENSITY &
.. ~~)f
: ~1IE
..' 111-
l",W",lli
4. RtcOIMIfJnded maxlfllJlfl pfpe sTzes shown are for concrete pipe. PTpe sTzes larger than
those recommended I'fIJst be checlced for fTt.
5. All exposed corners and edges of concrete are fa be chamfered ,..
7. Traversable slots construated Tn exTstTng Tn/ets sholl be paTd for as fnlflts partTal.
and shall Tnclude the cost for slot openTngs. pa'lTfIfl and any required replacement grates.
8. SoddTfIfl 10 be used on alT Tnlets not located fn paved areas and paTd for under contract
unTt prTce for SoddTng sr.
9. For supplementary detaTTs see De1011 No. /!tJ/.
(;\ SIDEWALK DETAIL
~N.T.S.
I I \ WET POND OUTFALL STRUCTURE .8
'- 6 .J MODIFIED F.D.O. T. TYPE E INLET
12"
/,PAVEMENT
-I
rSrt(~I".
~~~~.. :-.'. '//////;
~~~ ..:..:.:.1~~.)' W/~/
12 '. . . . ~ /. -: / /. ,;/ / / .. ... .
I . .'. ... .' '. j'. / /9 / / '/ ....... ....
'~//0f{/i2:d~~~, ..
7////8/////////////0 '.. ,.'
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.... .......
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......COMPACTED SUBGRADE".
-.' ....... .'
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0\ HEADER CURB DETAIL
~N.T.S.
15'
15'
'-'
Z
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(l)
8'
2' .1 24' WIDE PAVING I 2'
I I
Y2' CURB (TYP) /1 1/2" FOOT TYPE 5-1
I ASPH CONC (TYP) I
2%
L 2.08% J 2.08% ... ~ ~
i / "....4. S/W
I -----12" (TYP) /
12" (TYP) --I f-- L 6" SOIL CEMENT BASE 6" THICK SUBGRADE 5T ABILlZED
@ 300 PSI (TYP) TO FBV 50 (TYP)
3'
4'
8'
'-'
Z
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(D
4'
3'
-
2%
-
4' S/W
12" SUB BASE COMPACTED TO 95% MAX DENSITY
THE TOP 6" STABILIZED TO FBV 75 (TYP)&
0'\ TYPICAL ROADWAY SECTION
~N.T.S.
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SCALE: ~
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BW-DRAIN DETAILS g
JOB #: ~
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~~ ~ NOT~S ARTERIAL ROADWAYS-
USF RING AND COVER SERIES 170-BJ.
\ 'HEAVY DUTY IJlAIl RAUNG. COVER
WEIGHT 2171, TOTAL WEIGHT 3721.
i:::::::j SANITARY " 1==
2. RESIDENTIAL ROADWAYS-
~USF RING AND COVER SERIES 170-J.
~ HEAVY DUlY LOAD RAllNG. COVER
WEIGHT 150#, TOTAL WEIGHT 305#.
RAISED 1 1/2. LETTERS
FLUSH WITH TOP OF COVER
LABELED SANITARY OR
STORM AS APPUCABLE
~
1/4.
~HOLE COVER TYPE BJ
1:~;g1
~Vh V/h
-,-
1/4.
MANHOLE COVER TYPE J
^2 1/4"
~/'
/
/, .'/. .J'
I
':::.' f
'i] '" 6.
t~~--1
I I
^... 1/2.
30 1/....
USF 170 ~HOLE RING
MANHOLE FRAME. COVER
YINIMUY LENGTH (FT) TO BE RESTIWNED ON EACH SIDE OF FITTING(S). *
PIPE SIZE
4" ." 8" 10" 12" 1." 20" U" 30"
eo' BEND 21 21 37
45" lEND 9 12 15
22-1/r lEND 4 . 7
11-1/4' BEND 2 3 4
PLUG OR IIRANC~ 43 11 79
OF TEE
2. DOUBLE CHECK VAlVE t-S,S(.
/,11
=
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II 1111 II II II
~
NOTES:
I. FITTINGS SIW.L IE RESTRAINED JOINTS UNllSS OTHERWISE
INDICATED.
2. INSTAU. FUll LENGTH JOINTS WITH TOTAL LENGTH EQUAL TO
OR GREATER THAN SHOWN IN THE TAaE.
3. WHERE TWO OR YORE FITTINGS ARE TOGETHER, USE FITTING
WHICH YIELDS GREATEST LENGTH OF IIES1'IWHED PIPE.
4. IN UNE VALVES AND THROUGH RUN OF TEES OUTSIDE UYITS
OF RESTIWNED JOINTS FROM OTHER FITTINGS NEED NOT BE
RESTRAINED UNllSS OTHERWISE IIlDICATED.
5. LENGTHS SHOWN IN THE TAIILE HAVE BEEN CALCWTED IN
ACCORDANCE WITH THE PROCEDURE OUTUNED IN "THRUST
RESTRAINT DESIGN FOR DUC1ILE IRON PIPE" AS PUBUSHED
BY DIPRA, WITH THE FOLLOWING ASSUMPTIONS:
WORKING PRESSURE: 150 P.S.L*
SOIL DESIGNATION: SLTISAND *
LAYING CONDITIONS: IRLL *
I. FOR PIPE ENCASED IN POLYE11IYlENE. USE VALUES GIVEN IN
PARENTHESES OR INCREASE THE GIVEN VALUE BY A FACTOR
OF 1.5.
* TO BE COYPlETED BY THE ENGINEER.
RESTRAINED PIPE TABLE"
(fIL 11M)
2. WATER METER
L:L~
J:I J:i J:UL '\
=
12. MINIMUM
2" GALVANIZED
PIPE
-..-.---------.. ---....-......---
-......--------- --..--....------
.................--...... --------..----
.........................- .....-..-..........---
-...-----------.. ..........-------...
I ::::: ::::::: ::::::::::::::::::::: ::::: ::::::::: :::::::::::::::::
.. - -..... -......... .. - --
..-..---......---...
.. - -.......... - - - - -...-
..............--..-........
.----..........-......
\
\ 14 THHN SOUD COPPER
TRACER WIRE
"-.
-
2" CORP.
STOPS
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2" CORP.
STOPS
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-
NEW WATER MAIN EXTENSION
TEMPORARY BYPASS
-...
.MQIE.;
ALL PIPE AND FITIINGS MUST
BE GALVANIZED IRON PIPE OR
SCHEDULE 80 P.V.C.
/2" GATE VAlVE
/ / 2" THREADED CAP
FINISHED GRADE \
~~ I~ '~~W>>'h~~
'~
---, 2" 90" ELBOW
h I I
/~~ .t-2. P.V.C. (TYP)
IC::D ./'
: .-- 2. 90' ELBOW
/ ~ = /' METER BOX
/' II II 1./ . .r ~ITH COVER
= ill""" .
? g:; 0 g;.; c? gl~'; g,:;:;r:;~)
_ ~... _ ~ ,~gg::.).~gg:::g(~(}~'(;\;':: 6" OF GRAVEL OR
= ..~"'"'._",.._.oOv ....'--CRUSHED ROCK
~H 11 ~'- 2" 90. ELBOW BEDDING
'1'\ I
III
-
BLOWOFF VALVI
6. STANDARD HYDRANT
2 1/2" HOSE r WITH 5 1/4" OPENING
NOZZLES~ ~' CAP CHAINS
BREAKABLE
BARREL COUPUNG ONE PUMPER OUTLET NOZZEL !i:
OR FLANGE ~ ON STREET SIDE z C>
....., Si ~
I
FINISHED PROVIDE CONCRETE COLLAR Ul ~
GRADE e $S ~ ~ PAVED AND UNPAVED AREAS ~ ~
~"'~'~'~r.?W'"' ~~,.~ - ~'i~ik8:~ ,~O~~E t
CAST IRON BOX
~~
6" MECHANICAL JOINT
GATE VALVE
NOTES:
DRAIN VALVE
SHALL BE PLUGGED ~ i;:; ~
~<
'l m m
- I \ I -
LLOCKING 6. HYDRANT .1
ADAPTER AND HYDRANT
TEE, OR 3/..... llE
RODS (MIN 2 PER
CONNECTION PIECE)
-
mu
\
1. THE HYDRANTS ACCEPTABLE TO THE
CllY OF WINTER SPRINGS SHALL
BE EITHER THE CLOW , ...2 MEDALlON
AMERICAN DARUNG 884-8, OR THE
MUELLER A-423.
6. CONNECTING PIECE
2. THE BARREL SHALL BE PAINTED YELLOW
AND TOP WHITE
3. GRIP RING OR MEGA LUG RESTRAINTS MAY
USED IN PlACE OF ALL THREAD RODS
FIRE HYDRANT ASSEMBLY
r 14 GAUGE THNN
/ TRACING WIRE
/
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1. CURB STOP
RIGHT OF WAY
EDGE OF PAVEMENT
- 2. PVC CASING
In
~
1. METER BOX INSTALLED
BY THE CITY OF WINTER SPRINGS
2. DOUBLE SERVICE UNES SHALL BE
1" P.E TUBING
3. ALL UNES UNDER PAVEMENT SHALL
BE ENCASED IN 2" PVC PIPE
r;tt
~
--~
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DOUBLE SERVICE
DETAIL
POTABLE WATER SIRVICE
OPPOSITE SIDE OF MAIN
3' -0. MIN
COVER
~
Base Course or Soil
.' .
." . . .
18" min.
Below
Base
Course
'. ., .
Filter Sand (FOOT 902.4)
or Clean Native Sand
. .
:' '.. ..:. .' ..... '. .1 ~ 6" Underdrain Pipe
. '. .... -.' : ',: : Y' Wrapped wi Filter
...... ." .... .../ Fabric (ADS Drainguard
. ...;..;.....: /'.' or Equivalent)
.....:0....
'. '.
C' .' ..': ". '. .:....,-.....: ,
6 :'. ..' .... '.
. .. '. '.
UU
min. min.
Filter Fabric Wrap
(Mirafi 140N or Equivalent)
NOTES
1. Locate underdrain as shown on plans.
2. Slope underdrain to daylight or to storm drainage structures.
3. Contractor to notify engineer if water table obserV/ed within two feet of
road grade in areas not underdrained.
4. "Clean" native sand backfill for underdrain shall halVe less than or equal
to 5" passing no. 200 sieve.
5. All strip drain splices to be approved by geotechniical engineer of record
prior to beginning of field work.
6. Underdrain installation to be supervised by a U.E.Si. representative at 011
times.
7. Exposed underdrain outlets and clean outs shall b.e concrete with
animal guards.
UNDERDRAIN DETAIL
NOT TO SCALE
rc
Straight U Branch ac Curb Stop
assembly with 7 1/2" apaa:ing
Ford Catalog No. U48-43
y 1" Brass corporation
\. stop
--
( ::m l!!
J
Curb, stop with I --
meter coupling
lockilng type
Ford Catalog No. B13-332W
"0
t)...;
TIe service to a 2X4
-
~
Edae of pavement
/.~k ~ 'U~
----=J:. ~..'.:.:~.
.
Right ,of way line
Sidewalk
."
;7/
Brass corporation
stop ----,
~rvice line Blule 1" ASTM 02737
PE3408 Tubing
tf~~
~~>'$
45' Max
~
PROFILE
.MQIES;
1. Meter and meter box furnished by
the city OIf Winter Springs
2. Service limes crossing under pavement
shall be encased in 2" PVC pipe
3. For single service use 1" tubing with a
1" pack jlOint by 3/4" meter coupling
Ford catallog No. B43-342W
POTABLE WATER SERVICE LINE
[
POTABLE WATER MAIN
IT
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REClAWED 7TER WlN
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I SEWER (GRAVITY OR FORCE MAIN)
[
A MINIMUM HORIZONTAL SEPARATION OF 5' (CENTER
TO CENTER) OR 3' (OUTSIDE TO OUTSIDE), SHALL BE
MAINTAINED BEnNEEN REC~MED WATER UNES AND
EITHER POTABLE WATER MAINS OR SEWER COLLECTION
LINES.
[
POTABLE WATER MAIN
IT
:i
~
b
-
11
[ SEWER (GRAVITY OR FORCE MAIN)
A MINIMUM HORIZONTAL SEPARATION OF 10' (OUTSIDE
TO OUTSIDE), SHALL BE MAINTAINED BEnNEEN SEWER
COLLECTION LINES AND POTABLE WATER MAINS.
IIINIIIUM HORIZONTAL SEPARATION REQUlRIMINTS
FOR POTABLE. RECLAIMED. AND SEWER LINES
DUCTILE IRON POTABLE WATER MAIN
NTS TYPICAL METAl fl&.....
2.5" - 4" PIPE - 3" TAPE IS CENTERED AlONG TOP HALF OF PIPE----...... ~
'/ /' '/ ,/ /. ,II"". I~~./.".,/..... '" ...;....////.1'>' //."/:</ /~'-;;'/'//:""// //////.///''/ -:..Ij,,-/'....'/XI':/;'/~~_j.-:__:,/.I/:....../..//;.~;.~~
% POTABLE WATER MAIN POTABLE WATtR MAIN I
~; //,;<,~.;'.c./,.>;../.'//.~;.' /.'/'// ////,/>:,/.,;':;"';'/.>;':;c' <//%,.;///,;.:;-: //,;':;'/'/;'Z'Z.' '>%/'/"/' '/%~%
.......
6" - 16. PIPE - 6" TAPE IS PLACED AlONG BOTH SIDES OF TOP HALF OF PIPE~ A'7
--~ --~ --~ " @'!
"/.-/ /, .,' ",'"/~,'/:<.</ ,1/////:,1 '.../:''/:.....~,//,f /.r.; ,f/%",/,,/,<--/,t/'~<j("'./~>::0Z"/r:/;,/:"'/" ..~".:/:,./~..//~t.../... ...~0
" PIJTMLt: _ _ P01'~ _ _ P01'~ ....1IR _, ~
~
20" AND LARGER PIPE - TAPE IS PLACED ON BOTH SIDES OF THE TOP HALF OF THE PIPE
WITH A THIRD STRIP CENTERED ALONG TOP HAlF OF PIPE. ~
.;'1 _ lBLWl ~ _ _ :nMOlI '\. "-
~ . .. .' c ,..
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.;;(;
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PIJTMLt: _ _
P01'~ _ _
PIJTMLt: Wo1lR _
"
POrMU: _ _
POrMU: _ _
POrMU: _ _
~~~""~.' '.'~ ,.~.~_.. .....
~ -;;t;;:~ ~~~ .;. " .ji;::~.:'2t "'" .. {W".....:c:~l..~.. . .~.. .
.. .'o.!-::I~;' ~.~ .... ...~~.
r;.ilf:.;:w ..'0;11 ~:. '" . ~ . ._ . .~
. ,It:~ ..'1. r-wt'.~~.l
~AUnC?.. BUIRE~WA...E~ LINE, ,BE.:.ow6AuTION'~4i~EI)Y{~#RYNfBE4>W ...
.r. ,f
..!oi ~~:,.,
.:~';~ . .', .~~.:r
............- .... ;;.~
.v
~
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t~ . ..,.'
'l.
it.
,''''ABOVE PIPE
~
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NOTE;
Standard Non-Detectable Waming Tape
Water Line Tape is 3" Wide and Blue With Black Lettering
Sewer Line Tope is 3" Wide and Green With Block Lettering
Force Main Tape is 3" Wide and Brown With Black Lettering
PIPE IDENTIFICATION AND WARNING TAPE
FDEP WATER NOTES.
1. ALL PIPE, PIPE FITTINGS. PIPE JOINT PACKING AND JOINTING MATERIALS, VALVES, FIRE
HYDRANTS, AND METERS INSTALLED UNDER THIS PROJECT WILL CONFORM TO APPLICABLE AMERICAN
WATER WORKS ASSOCIATION (AWWA) STANDARDS. (FAC 62-555.320)(21 )(B), RSWW 8.0, AND AWWA
STANDARDS AS INCORPORATED INTO FAC 62-555.330; EXCEPTIONS ALLOWED UNDER FAC
62-555.320(21 )(C))
2. ALL PUBLIC WATER SYSTEM COMPONENTS, EXCLUDING FIRE HYDRANTS, THAT WILL BE INSTALLED
UNDER THIS PROJECT AND THAT WILL COME INTO CONTACT WITH DRINKING WATER WILL CONFORM TO
NSF INTERNATIONAL STANDARD 61 AS ADOPTED IN RULE 62-555.320.(3)(B). F.A.C., OR OTHER
APPLICABLE STANDARD, REGULATIONS, OR REQUIREMENTS REFERENCED IN PARAGRAPH
62-555.320(3)(B), F.A.C., (FAC 62-555.320(3)(B); EXCEPTIONS ALLOWED UNDER FAC
62-555.320(3)(D))
3. ALL PIPE AND PIPE FITTINGS INSTALLED UNDER THIS PROJECT WILL CONTAIN NO MORE THAN
8.0" LEAD, AND ANY SOLDER A FLUX USED IN THIS PROJECT WILL CONTAIN NO MORE THAT 2.0%
LEAD. (FAC 62-555.322)
4. ALL PIPE AND PIPE FITTINGS INSTALLED UNDER THIS PROJECT WILL BE CODED OR MARKED IN
ACCORDANCE WITH SUBPARAGRAPHS 62-555.320 (21)(B)3, F.A.C., USING BLUE AS A PREDOMINANT
COLOR. (UNDERGROUND PlASTIC PIPE WILL BE SOLID-WALL BLUE PIPE, WILL HAVE A CO-EXTRUDED
BLUE EXTERNAL SKIN, OR WILL BE WHITE OR BLACK PIPE WITH BLUE STRIPES INCORPORATED INTO,
OR APPLIED TO, THE PIPE WALL; AND UNDERGROUND METAL OR CONCRETE PIPE WILL HAVE BLUE
STRIPES APPLIED TO THE PIPE WALL. PIPE STRIPED DURING MANUFACTURING OF THE PIPE WILL HAVE
CONTINUOUS STRIPES THAT RUN PARALLEL TO THE AXIS OF THE PIPE, THAT ARE LOCATED AT NO
GREATER THAN 90-DEGREE INTERVALS AROUND THE PIPE, AND THAT WILL REMAIN INTACT DURING
AND AffiR INSTALLATION OF THE PIPE. IF TAPE OR PAINT IS USED TO STRIP PIPE DURING
INSTALLATION OF THE PIPE, THE TAPE OR PAINT WILL BE APPLIED IN A CONTINUOUS LINE THAT
RUNS PARALLEL TO THE AXIS OF THE PIPE AND THAT IS LOCATED ALONG THE TOP OF THE PIPE;
FOR PIPE WITH AN INTERNAL DIAMETER OF 24 INCHES OR GREATER. TAPE OR PAINT WILL BE
APPLIED IN CONTINUOUS LINES ALONG EACH SIDE OF THE PIPE AS WELL AS ALONG THE TOP OF
THE PIPE. ABOVEGROUNG PIPE WILL BE PAINTED BLUE OR WILL BE COLORED CODED OR MARKED
LIKE UNDERGROUND PIPE.) (FAC 62-555.320 (21)(B)3)
5. NEW OR ALTERED WATER MAINS INCLUDED IN THIS PROJECT WILL BE INSTALLED IN ACCORDANCE
WITH APPLICABLE AWWA STANDARDS OR IN ACCORDANCE WITH MANUFACTURES' RECOMMENDED
PROCEDURES. (FAC 62-555.320(20)(B), RSWW 8.5.1, AND AWWA STANDARDS AS INCORPORATED INTO
FAC 62-555.330)
6. A CONTINUOUS AND UNIFORM BEDDING WILL BE PROVIDED IN TRENCHES FOR UNDERGROUND PIPE
INSTALLED UNDER THIS PROJECT; BACKFILL MATERIAL WILL BE TAMPED IN LAYERS AROUND
UNDERGROUND PIPE INSTALLED UNDER THIS PROJECT AND TO A SUFFICIENT HEIGHT ABOVE THE PIPE
TO ADEQUATELY SUPPORT AND PROTECT THE PIPE; AND UNSUITABLY SIZED STONES (AS DESCRIBED
IN APPLICABLE AWWA STANDARDS OR MANUFACTURES' RECOMMENDED INSULATION PROCEDURES)
FOUND IN TRENCHES WILL BE REMOVED FOR A DEPTH OF AT LEAST SIX INCHES BELOW THE BOTTOM
OF UNDERGROUND PIPE INSTALLED UNDER THIS PROJECT. (FAC 62-555.320(21 )(B). RSWW 8.5.2)
7. ALL WATER MAIN TEES, BENDS, PLUGS, AND HYDRANTS INSTALLED UNDER THIS PROJECT WILL BE
PROVIDED WITH THRUST BLOCKS OR RESTRAINED JOINTS TO PREVENT MOVEMENT. (FAC 62-555.320
(21)(B) AND RSWW 8.5.4)
8. NEW OR ALTERED WATER MAINS, THAT ARE INCLUDE IN THIS PROJECT AND THAT WILL BE
CONSTRUCTED OF ASBESTOS-CEMENT OR POLYVINYL CHLORIDE PIPE WILL BE PRESSURE AND
LEAKAGE TESTED IN ACCORDANCE WITH AWWA STANDARDS C603 OR C605, RESPECTIVELY, AS
INCORPORATED INTO RULE 62-555.330. FAC., AND ALL OTHER NEW OR ALTERED WATER MAINS
INCLUDED IN THIS PROJECT WILL BE PRESSURE AND LEAKAGE TESTED IN ACCORDANCE WITH AWWA
STANDARD C600 AS INCORPORATED INTO RULE 62-555.330. (FAC 62-555.320 (21)(B) 1 AND AWWA
STANDARDS AS INCORPORATED INTO FAC 62-555.330)
9.. NEW OR ALTERED WATER MAINS, INCLUDING FIRE HYDRANT LEADS AND INCLUDING SERVICE LINES
THAT WILL BE UNDER THE CONTROL OF A PUBLIC WATER SYSTEM AND THAT HAVE AN INSIDE
DIAMETER OF THREE INCHES OR GREATER, WILL BE DISINFECTED AND BACTERIOLOGICALLY EVALUATED
IN ACCORDANCE WITH RULE 62-555.340, FAC (FAC 62-555.320(21 )(B) 2 AND FAC 62-555..340)
10. NEW OR RELOCATED, UNDERGROUND WATER MAINS INCLUDED IN THIS PROJECT WILL BE LAID TO
PROVIDE A HORIZONTAL DISTANCE OF AT LEAST 3 FEET BETWEEN THE OUTSIDE OF THE WATER MAIN
AND THE OUTSIDE OF ANY EXISTING OR PROPOSED VACUUM-lYPE SANITARY SEWER, STORM SEWER,
STORM WATER FORCE MAIN, OR PIPELINE COVERING RECLAIMED WATER REGULATED UNDER PART III OF
CHAPTER 62-610, F.A.C.; A HORIZONTAL DISTANCE OF AT LEAST 6 FEET BETWEEN THE OUTSIDE OF
THE WATER MAIN AND THE OUTSIDE OF ANY EXISTING OR PROPOSED GRAVllY-lYPE SANITARY SEWER
(OR A HORIZONTAL DISTANCE OF AT LEAST 3 FEET BETWEEN THE OUTSIDE THE WATER MAIN AND
THE OUTSIDE OF ANY EXISTING OR PROPOSED GRAVllY-lYPE SANITARY SEWER IF THE BOTTOM OF
THE WATER MAIN WILL BE LAID AT LEAST SIX INCHES ABOVE THE TOP OF THE SEWER); A
HORIZONTAL DISTANCE OF AT LEAST SIX FEET BETWEEN THE OUTSIDE OF THE WATER MAIN AND THE
OUTSIDE OF ANY EXISTING OR PROPOSED PRESSURE-lYPE SANITARY SEWER, WASTEWATER FORCE
MAIN, OR PIPELINE CONVEYING RECLAIMED WATER NOT REGULATED UNDER PART III OF CHAPTER
62-610, F.A.C.; AND A HORIZONTAL DISTANCE OF AT LEAST 10 FEET BETWEEN THE OUTSIDE OF THE
WATER MAIN AND ALL PARTS OF ANY EXISTING OR PROPOSED "ON-SITE SEWAGE TREATMENT AND
DISPOSAL SYSTEM." (FAC 62-555.314(1); EXCEPTIONS ALLOWED UNDER FAC 62-555.314(5))
11. NEW OR RELOCATED, UNDERGROUND WATER MAINS THAT ARE INCLUDED IN THIS PROJECT AND
THAT WILL CROSS ANY EXISTING OR PROPOSED GRAVllY- OR VACUUM-lYPE SANITARY SEWER WILL
BE LAID SO THE OUTSIDE OF THE WATER MAIN IS AT LEAST SIX INCHES ABOVE THE OTHER PIPELINE;
AND NEW OR RELOCATED, UNDERGROUND WATER MAINS THAT ARE INCLUDED IN THIS PROJECT AND
THAT WILL CROSS ANY EXISTING OR PROPOSED PRESSURE-lYPE SANITARY SEWER, WASTEWATER OR
STORMWATER FORCE MAIN, OR PIPELINE CONVEYING RECLAIMED WATER WILL BE LAID SO THE
OUTSIDE OF THE WATER MAIN IS AT LEAST 12 INCHES ABOVE OR BELOW THE OTHER PIPELINE. (FAC
62-555.314(2); EXCEPTIONS ALLOWED UNDER FAC 62-555.314(5))
12. AT THE UTI LIlY CROSSING DESCRIBED IN PART II.C.W ABOVE, ONE FULL LENGTH OF WATER MAIN
PIPE WILL BE CENTERED ABOVE OR BELOW THE OTHER PIPELINE SO THE WATER MAIN JOINTS WILL
BE AS FAR AS POSSIBLE FROM THE OTHER PIPELINE OR THE PIPES WILL BE ARRANGES SO THAT
ALL WATER MAIN JOINTS ARE AT LEAST THREE FEET FROM ALL JOINTS IN VACUUM-lYPE SANITARY
SEWERS, STORMSEWERS, STORMWATER FORCE MAINS. OR PIPELINES CONVEYING RECLAIMED WATER
UNDER PART III OF CHAPTER 62-610, F.A.C., AND AT LEAST SIX FEET FROM ALL JOINTS IN
GRAVllY- OR PRESSURE-lYPE SANITARY SEWERS, WASTEWATER FORCE MAINS, OR PIPELINES
CONVEYING RECLAIMED WATER NOT REGULATED UNDER PART III OF CHAPTER 62-610, F.A.C. (FAC
62-555.314(2); EXCEPTIONS ALLOWED UNDER FAC 62-555.314(5))
13. WHERE THE FDEP WATER NOTES AND UTILllY NOTES CONFLICT THE MOST RESTRICTIVE CRITERIA
SHALL APPLY.
FDEP SANITARY SEWER NOTES.
1. TESTING IS REQUIRED AFTER THE FINAL BACKFILL HAS BEEN IN PACE AT LEAST 30 DAYS
TO PERMIT STABILIZATION OF THE SOIL-PIPE SYSTEM. TESTING REQUIREMENTS SPECIFY:
1) NO PIPE SHALL EXCEED A DEFLECTION OF 5"; 2) USING A RIGID BALL OR MANDREL
FOR THE DEFLECTION TEST WITH A DIAMETER NO LESS THAN 95" OF THE BASE INSIDE
DIAMETER OR AVERAGE INSIDE DIAMETER OF THE PIPE, DEPENDING ON WHICH IS
SPECIFIED IN THE ASTM SPECIFICATIONS, INCLUDING THE APPENDIX. TO WHICH THE PIPE
MANUFACTURED; AND 3) PERFORMING THE TEST WITHOUT MECHANICAL PULLING DEVICES.
[RSWF .3.3.85]
2. LEAKAGE TESTS ARE SPECIFIED REQUIRING THAT: 1) THE LEAKAGE EXFILTRATION OR
INFILTRATION DOES NOT EXCEED 200 GALLONS PER INCH OF PIPE DIAMETER PER MILE
PER DAY FOR ANY SECTION OF THE SYSTEM; 2) EXFILTRATION OR INFILTRATION TESTS
BE PERFORMED WITH A MINIMUM POSITIVE HEAD OF 2 FEET; AND 3) AIR TESTS, AS A
MINIMUM, CONFORM TO THE TEST PROCEDURE IN ASTM C-828 FOR CLAY PIPE, ASTM C
924 FOR CONCRETE PIPE, ASTM F -1417 FOR PlASTIC PIPE, AND FOR OTHER MATERIALS
APPROPRIATE TEST PROCEDURES. [RSWF 33.93, 33.94, AND 33.95]
3. A BENCH SHALL BE PROVIDED ON EACH SIDE OF ANY MANHOLE CHANNEL WHEN THE
PIPE DIAMETER(S) ARE LESS THAN THE MANHOLE DIAMETER AND THAT NO LATERAL
SEWER, SERVICE CONNECTION. OR DROP MAHOLE PIPE DISCHARGES ONTO THE SURFACE
OF THE BENCH.
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CHECKED:
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DATE:
NOVEMBER. 200a
SCALE:
1"_40'
CAD NAME:
BW UTIL DETAILS
JOB #:
14201
SHEET #:
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GROUND TEST WELL
SCME: NONE
BRAID CLAMP
(TYP)
RECESSED
HOLD DOWN
(TYP)
GATE PIPE
PRE-CAST
CONCRETE
GENERAL NOTES:
1. ALL EXPOSED METAL SHALL BE PRINTED WITH 2 COATS OF EXTERIOR
ENAMEL PAINT.
2. WET WELL AND VALVE VAULT SHALL BE COATED WITH COAL TAR INSIDE
AND OUT. (TWO COATS, 9 MILS EACH.)
3. BASE AND FIRST RISER UNIT TO BE CAST MONOLITHIC.
4. VALVE VAULT SHALL BE SIZED TO PERMIT EASY REMOVAL OF CHECK VALVE
SPINDLES WITH MINIMUM CLEARANCES AS SHOWN FOR 6" DIAMETER PIPE
AND SMALLER. CLEARANCES SHALL INCREASE AS REQUIRED FOR LARGER
PIPE SIZES.
5. VALVE VAULT SHALL HAVE SEALED FLOOR AND DRAIN.
6. ALL LOCATIONS WHERE PIPES ENTER OR LEAVE THE WET WELL OR VALVE
VAULT SHALL BE MADE WATERTIGHT WITH WALL SLEEVE OR
NON-SHRINK GROUT.
7. THERE SHALL BE NO VALVES OR ELECTRICAL JUNCTION BOXES IN
WET WELL.
8. WET WELL AND VALVE VAULT COVERS SHALL BE ALUMINUM WITH 316 S.S.
HARDWARE AND LOCK BRACKET. SIZE AS REQUIRED BY PUMP MANUFACTURER
AND APPROVED BY THE COUNTY.
9. FLEXIBLE COUPLING SHALL BE SLEEVE TYPE.
10.PUMP SHALL BE:
MANUFACTURER: FLYGT ; MODEL: C-314O ; IMP: 481; DIA:
MM, SPEED: 1750 RPM; DISCHARGE SIZE: 4 IN.; VOLTAGE: 230V
HZ.: 60; PHASE: 3; H.P.:14.8
MIN. SOLID SIZE: 4 IN.; CURVE: N/ A.
OPERATING CONDITIONS SHALL BE 140 GPM AT 91.3 FEET TDH.
11.ALL HARDWARE IN WET WELL AND VALVE BOX TO BE STAINLESS STEEL.
12.CONTRACTOR SHALL INSTALL A "p" TRAP AND A TIDAL FLEX CHECK VALVE
BETWEEN THE VALVE VAULT AND THE WET WELL.
13. LIFT STATION CENTRAL PANEL SHALL BE NEMA 3R ENCLOSURE IN
ACCORDANCE WITH THE CITY OF WINTER SPRINGS SPECIFICATIONS.
3- HIGH LETTERS
CAST IN COVER
1/8- THICK X 1- WID
X 12- LONG MULTISTRAND
TINNED COPPER BRAID
FENCE RAIL POST
F1NISHE
GRADE
GROUNDING CLAt.AP
TO PUMP STATION COUNTERPOISE
PERIMETER GROUND LOOP
NO. 4 AWG TINNED
COPPER GROUNDING
CONDUCTOR, PROVIDE
36. SlACK
NO. 2/0 TINNED
COPPER GROUNDING
CONDUCTOR
MECHANICAL CONNECTION
1YPICAL FENCE POST GROUNDING
SCN.E: NONE
CONTROL PANEL WITH SCADA
SYSTEM
NO. 2/0 AWG TINNED
COPPER GROUNDING CONDUCTOR
TO COUNTERPOISE
METER AND
DISCONNECT
o
~1W~~s Lf~E~ECr.rTC~t
CONDUIT, PUMP POWER
CABLES TO BE IN
SEPARATE CONDUIT
.
o
SEALED PULL BOX
ALUMINIUM ACCESS HATCH W/LOCKSET
AND RECESSED HANDLE
PUMPING
STATIONS
DIM A
DIM B
DIM C
DIM D
DIM E
DIM F
DIM G
DIM H
DIM J
DIM K
ELEV T
ELEV U
ELEV V
ELEV W
ELEV X
ELEV Y
ELEV Z
ELEV. AT
CONST.
~i:
HOSE BIBB WITH
APPROVED BACKFLOW
PREVENTER
"
4- D.I. VENT WITH ZURN VENT CAP
ALUMINUM ACCESS HATCH W/LOCKSET
AND RECESSED HANDLE
DIMENSIONS
8" MIN.
6' -0" MIN.
EXISTING
GRADE
*
VALVE VAULT
SEE LIFT STATION VALVE
ELEV Y PIT ct BYPASS DETAIL
.
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8-
HEAVY
DUTY
S AINLESS
STEEL
IFTlNG
CHAIN
OWER
ABLE
, , , , , ~ DUCTILE IRON
. · . \ ALL MJ JOINTS MUST BE RESTRAINED
2-14 BARS
GALVANIZED IRON 3- FLOOR PRECAST CONCRETE FLOOR
DRAIN JOSAM 38353-92, WITH 6- X 6- WWM
SLOPE OUTLET PIPE
1/2- PER FOOT
*
.."
2- DIA. SCH 40
STAINLESS STEEL
Pump Guide Raila
5.5
7.0
8.0
8.5
9.0
19.5
9.5
~
6'-0
(MIN.
I .
INFLUENT PIPE
(8- DIA.)
.. ~
HIGH LEVEL ALARM ELEV. X
LEV. Z
.. ~
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LAG PUMP ON
ELEV. W
.. ~
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LEAD PUMP ON
ELEV. V
"
* PER PUMP MANUFACTURERS REQUIREMENT
\
"
.,
BOTH PUMPS OFF ELEV. U
MCB TB
c %.
aa-
2
1230V - 3PH I. SEE NOTE BELOW
NOTE:
,. PLEASE INCLUDE A PLA~UE
SIMILAR TO THE ONE ABOVE
2. PLAQUE SHOULD BE MOUNTED
BELOW THE G/R
3. PLAQUE SHOULD BE 2 X 6
WITH 1" LETTERS
4. RED PLAQUE WITH WHITE LETTERS
.. ELEV (T)
230V
3%
60Hz
.. .
. .
N~
-2
.
3/4 X 1'- ANCHOR BOLTS
TO EXTEND 7- INTO BASE
fB1
lAMP
2 - 6' SWING GATES
Precast Manufacturer to Provide
Additional Concrete in Slab AS
Required to Compensate for
Bouyancy of Wet Well.
Apply Coal Tar Epoxy to Interior
of Wet Well
DRB
TB2-1g
RTU
"
TB2-24 TB2-25
IB 1 20V TO RTU
120V NEUTRAL
8" PVC SAN SEWER
DETAILS
LIFT STATION
CCB
7 AMP
f1
PUMP 1 START
TB2-15 TB2-16
(2) TIS (1)
~
6 R~~2 B~:
OOX
Rl
11 ~ OXO
OOX
CHAIN LINK FENCE
(BLACK VINYL)
(3)
10' WIDE
CONCRETE
DC ALARM
fL (AA)
8
5 R5 8 (A2)
7
2
e 9
12 R3 4
12VOC
VALVE BOX
~ CONTROL
i PANEL
I.LI
U
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a.
REDUCED PRESSURE
BACKFLOW PREVENTER
4' CONCRETE S/W
4 5
6
3
+
11 PM 9
R4
C DPDT
NOTES:
1. COUNTERPOISE SHAll BE 2/0 TINNED COPPER, TIES TO EQUIP TO BE 14 TINNED COPPER
2. PROVIDE ONE GROUND TEST ENCLOSURE PER STATION
3. SEE GATE GROUNDING DETAIL FOR FENCE GROUNDING
~
~
""It
SCALE: 1"= 1 0'
NOTE: AREA INSIDE OF THE CHAIN LINK FENCE IS TO BE FINISHED WITH WEED BARRIER AND #57 STONE.
SEE SHEET 4 FOR DIMENSIONS OF LIFT STATION TRACT TO BE DEDICATED TO THE CITY OF WINTER SPRINGS.
LIFT STATION SITE PLAN
PUMP STATION SITE GROUNDING DETAIL
BROOKS PRODUCTS
10. X 17- SERIES 36
PUll BOX. OR EQUAl..
o
GROUND
TEST WELL
UFTlNG HOLE
2-
GRAVEL
.eo. ~ j
CONCRETE BOX WITH SOUD
ALUMINUM COVER
TYPICAL VALVE PIT
G
GROUND TEST ENCLOSURE
ONE TYPICAL PER STATION
G
G
2/0 TINNED COPP
TO FENCE
VALVE VAULT
,.
NO '4 TINNED CU TO
ACCESS COVER
AND F1WAE
G
COUNTERPOISE 2/0
TINNED COPPER
PUMP STATI N GROUNDING DETAIL
PROVIDE A 4. CAM LOCK ct CAP
A
BY-PASS PUMP CONNECTION
TOP VIEW
EXISTING
GRADE
~
BY-PASS PUMP CONNECTION
SIDE VIEW "A"
NOTES:
1. 1 ct 2 ARE CHECK VALVES
2. 3, 4, ct 5 ARE PLUG VALVES
3. VALVE BOX SHALL BE INSTALLED AND ADJUSTED
AT GRADE AND SHALL HAVE CONCRETE COLLAR
18- X 18- X 4- REBAR
4. MJ JOINTS ARE TO BE RESTRAINED WITH
GRIP RING OR MEG A LUG RESTRAINTS
LIFT STATION VALVE PIT c!c BYPASS
fB2
3 AMP
5 AMP
TB1-3 HIGH TBl-4
~
TB1-1 Off TB1-2
~
'~~:
#1 #2
H-O-A H-O-A 10
MS1B ~ MS2B ~ 6R48
3 PM 1
TB2
P P
U U
t.A M
P P
P
H
A
S
E
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f L
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A T
T
P P
U U
M M
P P
, #
2 2
R A
U U
N T
o
* *
1 1
R A
U U
N T
o
LEGEND
AH _ AlARM HORN
AL _ AlARM liGHT
ASB _ ALARM SILENCE BUTTON
ATS _ ALTERNATOR TEST SWITCH
CCB _ CONTROL CIRCUIT BREAKER
DPDT _ OOUBLE POLE OOUBLE THROW
DRB _ DUPLEX RECEPTACLE BREAKER
ECB _ EMERGENCY CIRCUIT BREAKER
ETM _ ElAPSED TIME METER
f _ fUSE
fB _ fLOAT BACKUP 3-POSITION SWITCH
GfDR _ GROUND fAULT DUPLEX RECEPTACLE
GR _ GENERATOR RECEPTACLE
HOA _ HAND-Off -AUTO SELECTOR SWITCH
Pl2
/
R
/ "
R3 4PDT
C
PLl
" /
R
/ "
R2 DPDT
C
Rl TPDT
C
P
U
t.A
P
P
U
M
P
S
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A
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R
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U
B
M
E
R
S
I
B
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E
X
D
U
C
E
R
*
1
#
2
S
T
A
R
T
S
T
A
R
T
LA _ LIGHTNING ARRESTOR
MB _ MOTOR BREAKER
MCB _ MAIN CIRCUIT BREAKER
MS _ MOTOR STARTER
OL _ OVERLOAD
PL _ PILOT LIGHT
PM _ PHASE MONITOR
R _ RELAY
RL _ RUNNING liGHT
RTU _ REMOTE TELEMETRY UNIT
TB _ TERMINAL BLOCK
TTS _ THERMAL TERMINAL STRIP
XfMR _ TRANSfORMER
o
PL1 PL2
~ ~
MECHANICALLY
INTERLOCKED
UEkJ
GR
AH
RL1 Rl2
~ ~
CCB MCB ECB
ETMl ETM2
@ @
HOA HOA
(J)fB(J)
(J)
tij
o 0
[]
ASB
ALUMINUM DEADfRONT
2'"
OUTER DOOR REMOVED TO SHOW OEADfRONT LAYOUT. SPECIAL
DEADfRONT. NOAA TYPE 3R S.S. ENCL. WITH CONTINUOUS HINGE
ALL HARDWARE TYPE 304 S.S.
TYPICAL. ACTUAL LAYOUT MAY VARY WITH HORSEPOWER
3 PT. LATCH ON OUTER DOOR
NOTE: MAKE DEADfRONTS ON ENCLOSURE AS NOT TO OBSTRUCT THE RTU
EXAMPLE: DEADfRONTS 60/40 SPLIT
o
.
. 0
o
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1
2
o
V
P
o
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PU\lP 1 TJ..
TIS..
TIS..
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T2 · ·
PUMP 2 T3..
TIS..
TIS..
. .
. .
:: FR2
. . }
.. XOUCER
. .
. .
· .} SPARES
. .
8;] GND
FRl
.
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JUNCTlON BOx, NEW.. 4X 5.S.
DOOR REMOVED TO SHOW INSIDE LAYOUT
WINTER SPRINGS DUPLEX 230V 3PH
FKP. OAC16.76 DjOM 1DTWIN1GgAT92
PANEL REV. NO. REV. BY R OATE
DIVISION 1 0
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DRAWN:
ET
CHECKED:
TT
DATE:
NOVEMBER looa
SCALE:
NTS
CAD NAME:
BW LlFTST A TION
JOB #:
14101
SHEET #:
9
OF
10
SHEETS
___==U"_===__-=-~_==-__==- _ -:-:__ :-::-__ :-:-:-
204'
STRIPING TO BE REUOVED
EXIST DRIVE
~ EXIST EOP
---~-------
~
......
---------
------
50' SINGLE 6" WHITE
8+0 ___"._n'~_'_.,_,_____"~,_""_,,_,__,_,,,, ~..
75' NO STRIPING
50'
8'
.. ,,-- . - ~._--,..._-.""._.~,~- ---- ~"-'''''~''~-'---- -.' ~----..-----_..-_.._----_..---_.~.- ".
_" __._u___._._ "_..,_..-. ~__"""' .______ __.._....._....._._.... _...._,_ .._ __....~^._ .<~"'.._".~~.___.___._.
_'._" .__.__,,_~__..._..___'-._._....__,_ . __ ~ ._~..~._~_._..__.__.._ . __.,,_'_.~____~ __,._...~_..__~__._~_..._. .. m.',_ .. ...._.. __..__ _.__ ._. .._........_.__........__._.,..._...__ ',_. " M'" .~__....._.,.....___~_ ~_...
.... ---'^,."- '-..-...-~.-,.-.--'"---~----~._..~....----..--.~.---....-----~--"~"'-"~-'.' '"'''-.-'-''''''''''' -,-.._-,-_._,- ----- ."' -. --'-'~~-, . .._ '__'__"_'_'0
---:--:.:.::--_ u_ ~__ _ _ _. _._. " ~__u__ _
9+00
-.,
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125' DOUBLE YELLOW
......
.---
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6" YELLOW SKIP
6" YELLOW SOLID
EXIST SIDEWALK
REUOVE TURN ARROW
THE CONTRACTOR SHALL STRIPE THE
ROADWAY AS SHOWN ON THIS PLAN. ALL
EXISTING STRIPING CONFLICTING WITH THIS
PLAN IS TO BE REMOVED.
24 ,+1',. ...IlJRtL.....H..."..,.
3' TRAVEL ,.. ,lANE,_1 TRAVEL 5'
SHOULDER II ~ LAN.....E I 5 I 5 I lAN.. E I I SHOULDER
.~. ... .. A ... "I
/'~/ --.--l---................<............"
/ ..'
22 1/ . ..... .~X.Rgt.QL...,>\
NOTE: iNO WIDENING PROPOSED
,
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\
20
- 20 0 20
11 + 50
SCALE: 1"=2 VERTICAL
SCALE: 1"=20' HORIZONTAL
NOTES
1.
THE PLANS HAVE BEEN PREPARED IN ACCORDANCE WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION'S ROADWAY AND TRAFFIC
DESIGN STANDARDS, 2002 EDITION.
THE CONTRACTOR SHALL NOTIFY THE F.D.O. T. TRAFFIC ENGINEER AT LEAST
48 HOURS PRIOR TO BEGINNING OF CONSTRUCTION IN THE F.D.O.T. RIGHT-OF-WAY.
ALL DISTURBED AREAS SHALL BE RETURNED TO PRECONSTRUCTION CONDITIONS
OR BETTER.
ALL PAVEMENT MARKERS, STRIPING, SIGNAGE, AND OTHER TRAFFIC CONTROL DEVICES
TO BE INSTALLED BY THE CONTRACTOR PER F.D.O. T. ROADWAY AND TRAFFIC DESIGN
STANDARDS, MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES.
ALL PAVEMENT MARKINGS/STRIPING DESTROYED DURING CONSTRUCTION SHALL BE
REPLACED AT THE CONTRACTOR'S EXPENSE.
MAINTENANCE OF TRAFFIC SHALL BE ESTABLISHED FOR TRAFFIC CONTROL THROUGH
WORK ZONE IN ACCORDANCE WITH F.D.O.T. ROADWAY AND TRAFFIC DESIGN STANDARDS,
INDEX #600 SERIES.
ALL STRIPING SHALL BE LEAD-FREE THERMO-PLASTIC.
2.
3.
4.
5.
6.
7.
4'
18'
..~....
242'
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- -
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6" YELLOW SOLID
6" YELLOW SKIP
STRIPING TO BE REUOVED ..p~ '
S 01.30'19" W 10.00' ~A /
- - I
-;
---- -==- - - ;'
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125' DOUBLE YELLOW //
S 88.53'25" E
335.03'
- -
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24
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20
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STRIPING TO BE REUOVED
100' TAPE
PROPOSED
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EXISTING POWER POLE
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STA: 12+50
REUOVE STRIPING
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SCALE: 1"=2 VERTICAL
SCALE: 1"=20' HORIZONTAL
13+ 25
SCALE: 1"=2 VERTICAL
SCALE: 1"=20' HORIZONTAL
GRAPHIC SCALE
20 0 1 0 20 40
~II I
( IN FEET )
1 inch = 20 ft.
R/W
8.
SITE GRADING, PAVING AND DRAINAGE MATERIALS AND CONSTRUCTION SHALL CONFORM
TO F.D.O. T. DEVELOPMENT STANDARDS AND SPECIFICATIONS.
ALL DISTURBED AREAS WITHIN THE DEPARTMENT'S RIGHT-OF-WAY SHALL BE REGRADED
AND SODDED WITH ARGENTINE BAHIA SOD.
ALL NEW PAVING SHALL HAVE A 1" FC-3 OVERLAY.
ALL CONSTRUCTION WITHIN THE FDOT RIGHT-OF-WAY IS TO BE IN ACCORDANCE WITH
CURRENT FDOT STANDARD SPECIFICATIONS FOR ROADWA',Y CONSTRUCTION AND THE
ROADWAY AND TRAFFIC DESIGN STANDARD INDEX.
ALL SIGNING AND STRIPING WITHIN FDOT RIGHT-OF-WAY' IS TO BE IN ACCORDANCE
WITH FDOT STANDARD INDEX 17346 (TWO WAY LEFT TUR~N LANE).
ALL RPM PLACEMENT WITHIN FDOT RIGHT-OF-WAY IS TO) BE IN ACCORDANCE TO
FDOT STANDARD INDEX 17352.
1" TYPE S-1 ASPHALT
CONCRETE (TYP)
5" UMESTONE BASE
10" UMESTONE BASE
12" SUB BASE COMPACTED TO 98~
MAX DENSITY (TYP)
12'
TURN
LANE
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EXIST ROAD EXIST ROAD
4' PAVED
SHOULDER 4' SOD
9.
4' SOO EXIST
SHOULDER
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11.
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OVERLAY
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ET
CHECKED:
TT
DATE:
NOVEMBER. 2001
SCALE:
1"_40'
CAD NAME:
BW_ROADPLAN
JOB #:
14201
SHEET #:
10
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