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COMMISSION AGENDA.
ITEM
REGULAR X
CONSENT
INFORMATIONAL
E
January 26. 1998
Meeting
MGR. ({ ltV\ /DEPT. ~
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Authorization
REQUEST: The Community Development Department, Land Development Division, presents
to the City Commission, for their action, the Planning and Zoning Board's
recommendation as it relates to the Preliminary EngineeringlFinal Subdivision Plan
for that project known as Wagner Station PUD.
PURPOSE: The purpose of this agenda item is to present to the City Commission,
the Planning and Zoning Board's recommendation as it relates to the Preliminary
EngineeringlFinal Subdivision Plan for that project known as Wagner Station
PUD. This project is located on the north side of S.R. 434 directly across from
Winding Hollow Boulevard. The plans are to have three hundred ninety-six (396)
lots on one hundred thirty (130) acres. The property is zoned Planned Unit
Development (PUD).
APPLICABLE CODE:
Section 20-381(10)
Planning and zoning board review: The planning and zoning board shall review
the final subdivision plan, and the staff recommendations to ensure compliance
with the master plan. The board shall either recommend approval, approval with
modifications, or denial of the plan to the city commission, stating their reasons for
such action. The applicant shall be invited to the meeting.
Section 20-383. Final subdivision plan.
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January 26, 1998
Regular Agenda Item
Page 2
(1) The name, location, legal description, acreage and type ofPUD.
(2) Identification (name of the individual, the organization employing the
individual, the address and phone number of the organization) of the present
owners and developers of all land included in the development and identification
of all consultants involved in the preparation of the master plan.
(3) A vicinity map indicating the relationship between the PUD and its
surrounding area, including adjacent streets, thoroughfares and developments
within a two hundred-foot radius of the property line at a scale of one (I) inch to
one thousand (1,000) feet.
(4) The designated land use, densities prescribed, and present land use for the
adjacent and all contiguous properties.
(5) The existing topography and other natural features including but not limited to
lakes, swamps, and flood-prone areas (USGS and FEMA information acceptable).
(6) A soils map derived from the USGS Soil Survey and Soil Survey Supplement
of the county indicating the location of existing soil types and a brief description of
the development capabilities and water capabilities of each soil type.
(7) An aerial photo showing existing vegetation will be required at a scale of one
(1) inch to two hundred (200) feet. No vegetation shall be altered or eliminated
prior to approval of the final subdivision plan except as permitted by chapter 5.
(8) A preliminary subdivision plan (preliminary plat) if the applicant proposes to
create three (3) or more parcels.
(9) A proposed land use plan of the subject property including but not limited to
the following items:
January 26 1998
Regular Agenda Item
Page 3
a. The name and location of all streets, highways, right-of-way widths,
pavement width of proposed streets, easements, pedestrian ways, bicycle
paths, and watercourses proposed in the development, and the general
location of all access points to abutting arterials and highways.
b. Each residential area according to the location, the number and types of
permanent dwelling units, the acreage, and the proposed density by number of
dwelling units per gross and net residential acre.
c. The locations, dimensions and uses of all buildings and structures, other
than dwelling units, including proposed property lines, utility plans and
permanent signs.
d. Each commercial or industrial area according to the location, type, acreage,
and proposed square footage of impervious surface.
e. Open and covered off-street parking areas, including landscaping and
extemallighting systems.
f Distance of dwelling units from vehicular accessways and parking areas.
g. The design elevations and/or renderings and the proposed maximum height
of all proposed buildings and structures; minimum setback and building
separations; maximum lot coverage; minimum floor elevation; and height of
structures.
h. Wall, fencing or landscaping between private and common areas, along
streets and highways, drainageways, railroads and the perimeters of the
development.
i. Refuse storage areas and method of solid waste disposal.
January 26, ] 998
Regular Agenda Item
Page 4
j. Areas to be conveyed or dedicated and improved for roadways, parks,
playgrounds, school sites, utilities, and other similar public or semipublic uses.
(10) A specific landscaping and tree planting plan in accordance with Chapter 5.
The plan shall include the areas of vegetation to be preserved, the proposed
method of preservation, and any proposed irrigation systems and landscaping
materials..
(1 ]) Total acreage and types of open space and recreation areas.
(12) Preliminary engineering plans and all land development plans must meet the
requirements of Chapter 9 for roads, on- and Off-site water, fire protection,
sanitary sewer, and stormwater management systems including existing ground
surfaces and proposed elevations; typical cross-sections of proposed grading,
streets and sidewalks, canals and waterways; and proposed types of pavement.
(] 3) Covenants, conditions, restrictions, agreements and grants which govern the
use, maintenance and continues protection of buildings, structures, landscaping,
common open space, recreational areas and facilities within the development.
Such documents shall indicate to the satisfaction of the city commission an
acceptable method of ensuring that all obligations and improvements designated in
the final subdivision plan can and shall be completed. Bonds, or an escrow
account, may be necessary in order to satisfY this requirement.
a. The covenants, conditions, restrictions, agreements or grants which govern
the use, maintenance, and continues protection of buildings, structures,
landscaping, common open space, recreational areas and facilities within the
development, shall specifically include a detailed outline of the following:
]. Uses;
2. Building height limitations;
3. Building area limitations;
4. Front, rear and side yard setback criteria;
January 26, 1998
Regular Agenda Item
Page 5
5. Maximum lot area coverage;
6. Minimum living area;
7. Any other restrictions pertaining to buildings or building placement.
Examples of such restrictions are "no garage entrance shall be located on
the front street side of dwellings" or "all appurtenant buildings, swimming
pools, screen enclosures, or other additions shall be at the rear of and
within the area encompassed by a rearward extension of the sidelines of
the primary dwelling";
8. Off-street parking requirements, both enclosed and open, and
authorized locations for same;
9. Landscaping and tree preservation in accordance with Chapter 5.
b. A developer or owner ofa pun as a condition to receive approval ofPUD
zoning or approval of a final subdivision plan shall agree as a condition thereof
that these covenants, conditions, restrictions, agreements, or grants must be
enforceable by the city and that the city is the proper party plaintiff to enforce
the same in law or equity in any court of competent jurisdiction. In addition,
no permits shall be issued for buildings in a PUD that do not conform with the
requirements above.
c. In currently approved PUD's the requirements of(13)a above which are
contained in currently listed or subsequently revised covenants, conditions,
restrictions, agreements or grants shall be enforceable by the city in law or
equity in any court of competent jurisdiction.
(14) In order to protect the public interest, the planning and zoning board and/or
the city commission may request any additional information deemed necessary for
the decision-making process. Failure to submit the requested, information will
result in the denial of the application.
CHRONOLOGY:
August 28, 1995
- PUD Master Plan approved by Commission
January 26, 1998
Regular Agenda Item
Page 6
September 25, 1995
- Property rezoned to PUD
December 11, 1995
- One year extension to Master Plan approved by
Commission
July 31, 1997
- Preliminary Engineering/Final Subdivision Plan
submitted for review
September 3, 1997
- Planning and Zoning Board approved revision
to PUD Master Plan
December 8, 1997
- Commission approved private street design
request
December 18, 1997
- Staff Review for engineering submittal
January 7, 1998
- Presentation to Planning and Zoning Board
FINDINGS: The Staffhas determined that the engineering plans met all code requirements with
the exception of those discussed during the Staff Review Board Meeting which
will be addressed during final engineering review. The Planning and Zoning
Board agreed with Staff findings and recommended that the project be favorably
forwarded to the Commission for their action.
RECOMMENDA TION:
The Planning and Zoning Board recommended that the project be favorably
forward to the City Commission for their action, contingent on those comments
listed in the Land Development Coordinator Memo dated December 19, 1997.
Further, the Planning and Zoning Board allowed that the project be forwarded
prior to the approval of the Planning and Zoning Board minutes of January 7,
1998.
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January 26, 1998
Regular Agenda Item
Page 7
ATTACHMENTS:
December 19, 1997
COMMISSION ACTION:
- Land Development Coordinator Memo (Staff
Review Minutes)
- Preliminary Engineering/Final Subdivision Plan
- Proposed Covenants (still under review)
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VICINITY MAP
LAKE JESUP
SUBJECT SITE
WINTER SPRINGS
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PRELIMINARY SUBDIVISION PLAN/
FINAL SUBDIVISION PLAN
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CITY OF WINTER SPRINGS, FLORIDA
PREPARED FOR
CENTEX HOMES
151 SOUTHHALL LANE, SUITE 230
MAITL RIDA 32751-7190
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DON ALD W.
ENGINEERS
2200 PARK AVENUE ~ORTH,
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DESCRIPTION:
Lots 4, 5, 6 and 7, Block C of "D.R. Mitchell's Survey of the Levy Grant on
Lake Jesup," as recorded in Plat Book 1, Page 5, Public Records of
Seminole County, Florida.
AND
Lots 5, 6, 7 and the West 1/2 of Lot 4, Block D of "D.R. Mitchell's Survey of
the Levy Grant on Lake Jesup," as recorded in Plat Book 1, Page 5, Public
Records of Seminole County, Florida.
AND
That part of Lot 9, Block D of "D.R. Mitchell's Survey of the Levy Grant on
Lake Jesup," as recorded in Plat Book 1, Page 5, Public Records of
Seminole County, Florida lying Southeasterly of Lot E of CHASE
COMPANY'S SUBDIVISION OF WAGNER, as recorded in Plat Book 6,
Page 64, Public Records of Seminole County, Florida and lying North of the
North Right-of-Way line of the Atlantic Coast Line Railroad - Lake Charm
Branch as shown on said Plat of CHASE AND COMPANY'S
SUBDIVISION OF WAGNER.
AND
Lots B, C, D and the South 952.92 feet of Lot A of CHASE COMPANY'S
SUBDIVISION OF WAGNER, as recorded in Plat Book 6, Page 64, Public
Records of Seminole County, Florida.
Together with Orange Avenue as recorded in Plat Book 1, Page 5 and Plat
Book 6, Page 64.
Containing 145.0 acres more or less, lying South of the waters edge of Lake
Jesup as located July 26, 1996, and being subject to any rights-of-way,
restrictions and easements of record.
SHEET INDEX
1. COVER SHEET
2. NOTES
3. AERIAL PLAN
4. OVERALL SITE PLAN
5. PRELIMINARY SUBDIVISION PLAN/
FINAL SUBDIVISION PLAN (EAST)
6. PRELIMINARY SUBDIVISION PLAN/
FINAL SUBDIVISION PLAN (WEST)
7. TYPICAL SECTIONS
LA-l. LANDSCAPE PLAN
LA-2. LANDSCAPE PLAN
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WAGNER STATION PUD
A Mixed Use Planned Unit Development
Preliminary Subdivision Plan/
Final Subdivision Plan
DEVELOPMENT DATA:
Total Land Area:
Zoning:
Proposed Uses:
145.0 Acres
Mixed Use Planned Unit Development (PUD)
Residential, Commercial/Office
LAND USE SUMMARY:
Description
Gross Area
(AC)
Residential Units
(DU)
Commercial / Office
(SF)
Residential Single Family
130.1
396
Commercial (Tracts H,I,J)
Commercial (Tract K)
Right-of-Way
(Blvd. A)
120,225 S.F.
17,000 S.F.
12.0
1.7
1.2
TOTAL
145.0 AC
396
137,225 S.F.
RESIDENTIAL DATA:
1) Proposed Gross Residential Density: 3.0 DU / AC (396 DU /130.1 AC Res. Area)
2) Proposed Net Residential Density: 4.4 DU/AC (396 DU/89.6 AC Net Res. Area)
3) Proposed Minimum Lot Sizes:
50'x11 0' (corner lot 60'x110')
60'x110' (corner lot 70'x110')
75'x125' (corner lot 85'x125')
4) Residential Lot Summary:
Lot Size
50'x110' (corner lot 60'x110')
60'x11 0' (corner lot 70'x110')
75'x125' (corner lot 85'x125')
Total Lots
229
130
37
396
Lot #'s
(1-37)(56-66)(204-227)(240-396)
(38-55)(67-93)(115-147)(164-203)(228-239)
(94-114 )(148-163)
5) Building Setbacks/Buffers:
Front:
Side:
Rear:
Street Side:
Abutting PUD Boundary:
Building setback line (BSL) from mean high water:
Buffer from mean high water:
BSL/buffer from limits of wetlands:
Setback for pools from rear property line:
20'
5'
20'
15'
35'
100' (excluding recreational uses)
~O' (exclding recreational uses)
~5'
10'
6) Landscape
Buffers:
10' Along east and west property lines as shown on sheet 4
10' Abutting Tracts C-1 and D (C-1 and Professional Office uses)
15' Abutting CSX R/R ROW
20' Abutting Boulevard 'A'
7) Maximum residential impervious surface ratio per
lots for principal and accessory buildings:
60%
8) Maximum residential building height:
9) Minimum residential floor area:
(For a 2 story residence, the first floor shall not be
less than 900 s.f.)
2 stories (35')
1,200 s. f.
10) Landscape easement and stormwater management areas will be maintained by a
mandatory Master Homeowners Association.
11) Open space will be a minimum of 20% of the gross land area or 35.4 acres. Utilities will be a
minimum of 5% of the gross land area or 8.8 acres. Open space is defined as active and passive
areas, conservation, landscape areas, yards and buffers. Utilities include stormwater management
areas.
COMMERCIAL DATA. TRACTS H.I.J AND K:
1) Commercial Area:
13.7 AC.
2) Maximum commercial/office
FAR proposed:
3) Maximum commercial/office /
Square Footage:
1.0 FAR
137,225 s.f.
4) Permitted Uses: (Tracts H,I,J)
a) Those uses permitted in the C-1 Neighborhood Commercial District
b) Professional Office
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5) Permitted Uses: (Tract K)
a) Those uses permitted in the C-1 Neighborhood Commercial District
b) Professional Office
6) Maximum Building Height of commercial/office uses:
50'
7) Building Setbacks:
Abutting PUD Boundary:
Adjacent Residential:
Side Adjacent Blvd 'A'
35'
30'
35'
8) Landscape Buffers:
10' Abutting residential use as shown on sheet 4
15' Abutting CSX R/R ROW
20' Abutting Boulevard 'A'
9) Impervious surface (exclusive of water surfaces) on non-residential uses shall not exceed 65%
(8.9 acres) of gross non-residential area.
RECREATION / OPEN SPACE
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1) Recreation / Open Space is defined as active and passive park areas, conservation, landscape areas
yards and buffers. Open space will be identified as parcels are developed.
GA TED COMMUNITIES:
2) Lakefront recreation facilities may include lakeview gazebos, fishing pier(s) and docks, picnic areas,
canoe launching areas, and pedestrian trails.
1) All gated communities in the City of Winter Springs shall install on each
access gate into the community an E. V.A.C (Emergency Vehicle Access
Control) system. The E. V.A.C system shall be installed and maintained at
the communities expense for the purpose of public safety admittance into
their development. The E. V.A.C system shall be in addition, and separate,
from the gate opening system that is provided for the residents. The
installation of the E. V.A.C. system shall be done with a vendor of the
communities choice.
A Clubhouse, tot lot and all purpose court area will also be provided within the active recreation area.
3) Open space provided as follows::
Park/Waterfront recreation area:
Conservation:
Landscape/Buffer areas:
Yards:
3.3 AC.
18.5 AC.
4.4 AC.
12.1 AC.
2) Each community shall also install at each access gate a keypad code
entrance device. The keypad entrance code must be supplied to the Fire
Department in writing upon installation, and written notice must be made
when any changes are made to the code.
3) It shall be a requirement in the design of any gate that, in the event of a
power failure to the gate, that all gates automatically go to the fully opened
position.
38.3 AC.
TOTAL OPEN SPACE PROVIDED:
(26.4% of gross area)
4) All recreation areas will be privately owned and maintained by Homeowner Association(s).
5) Individual residential docks to be permitted through Water Management District, State and Federal
agencies prior to construction.
4) Entrance and exit gates must allow a minimum of twelve (12) feet of roadway
clearance when in the open position.
LANDSCAPING /BUFFERS:
5) New communities must come into compliance with this requirement before
any Certificates of Occupancy for that community will be issued by the City.
1) A 6' high wall consisting of columns and stockade fencing shall be constructed along the eastern
cand western property lines within the 10' landscape buffer as shown on sheet 4.
2) A 6' high brick wall will be located along the southern property line at the Northern extreme of the 10'
landscaping/wall tract adjacent to the residential portion of the development as shown on sheet 4
(see location detail sheet 7).
3) Landscaping along the southern property line within the 15' landscape buffer on Tracts H, I, J and K shall
meet or exceed City of Winter Springs landscape requirements.
SPECIAL NOTES
1) If the development is to request or require signalization at the intersection of
State Road 434 the equipment must include the Opti-Com Traffic Control
Preemption System. This system shall have the ablility the preempt in all four
directions. Intersection signalization will be undertaken by others consistent with
conditions of the existing Winding Hollow/Eagle Ridge development agreement.
2) No land clearing burning shall be permitted. The developer shall be responsible
for the proper disposal of such materials.
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4) See sheet LA-1 for landscaping requirements within the 20' landscape buffer adjacent to Boulevard A.
5) See sheets LA-1 and LA-2 for additional specifications.
PHASING
1) The project is to be developed in five (5) plhases as follows:
Phase I: 129 single family units & associated recreation / open space
Phase II: 110 single family units & associated recreation / open space
Phase III: 54 single family units & associated recreation / open space
Phase IV: 47 single family units & associated recreation / open space
Phase V: 56 single family units & associated recreation / open space
DEVELOPER:
Centex Homes
151 Southhall Lane, Suite 230
Maitland, Florida 32751-7190
Attn: Greg LePera
Phone: (407) 661-2150
2) Each phase will be able to exist as an independent unit.
3) Commercial/Office tracts (13.7 Ac.) will be developed independent of residential phases as market
conditions permit.
The Leffler Company
1400 Windsor Avenue
Longwood, Florida 32750-6830
Attn: Kenneth Leffler
Phone: (407) 331-5515
ENGINEER / LAND PLANNER: Donald W. Mcintosh Associates, Inc.
2200 Park Avenue North
Winter Park, Florida 32789
Attn: Donald W. Mcintosh, Jr., PSM
David M. Kelly, PE
Nancy Tyree
Phone: (407) 644-4068
OWNER:
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2) Potable water to be provided by the City olf Win
prings.
3) Fire protection to be provided by the City of Winter Sprl ''3 .
4)
5)
6)
7)
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Electric power service to be provided by Flo)rida Power Corporation.
Telephone service to be provided by Southelm Bell.
SURVEYOR:
Jones & Gen try
136 E. Robinson
Orlando, Florida
Phone: (407)
Cable TV to be provided by Time Warner Coble.
St.
32801
841-2122
Stormwater management facilities will be designed in accordance with City of Winter Springs and
St. Johns River Water Management District regulations.
LANDSCAPE ARCHITECT:
Canin Associates
500 Delaney Avenue, Suite 404
Orlando, Florida 32801
Attn: Brian F. Davis, ASLA
Phone: (407) 422-4040
GENERAL DEVELOPMENT NOTES
park
1) The approximate limit of the 100-year floo<d elevation shown hereon is based on the Federal
Insurance Rate Map (FIRM). Development v.vill be consistent with acceptable flood management
regulations and practices.
GEOTECHNICAL ENGINEER:
LJ Nodarse & Associates, Inc.
807 South Orlando Ave., Suite A
Winter Park, Florida 32789
Attn: Leila J. Nodrse, PE
Phone: (407) 740-6110
2) All project entry locations to SR 434 are slub ject to FOOT approval.
3) Internal project streets (north of security 9jote) will be private.
4) The master stormwater management systenn will provide treatment volume and stormwater
attenutation of all areas, with the exceptiorn of Tracts H, I and J which will provide on site treatment and
attenuation volume, in accordance with the City of Winter Springs and the St. Johns River Water
Management District.
Yovaish Engineering Sciences, Inc.
970 Sunshine Lane, Suite K
Altamonte Springs, Florida 32714
Attn: Douglas Yovaish, PE
Phone: (407) 774-9383
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Discussion of Soil Conservation Service Soil Tyr:pes:
Basinger and Delray Fine Sands - the soils in this map unit are poorly suited to use for homesites and
other urban development. The main limitation! is wetness. To overcome wetness, a water control system
is needed to provide for subsurface drainage cond to remove excess surface water.
Basinger, Samsula, and Hontoon Soils, DepresS)ional - In their natural state, the soils in this map unit are
not suited for homesites, commercial or recrefotional development, or sanitary facilities. The main
limitations are ponding, excess humus, low str"ength and subsidence.
Basinger and Smyrna Fine Sands, Depressional - In their natural state, the soils in this map unit are not
suited for homesites, commercial or recreatiomol development, or sanitary facilities. The main limitations
are ponding and seepage.
Eau Gallie and 'mmokalee Fine Sands - The sloils in this map unit are poorly suited to use for sanitary
facilities, building sites, or recreational develop>ment. The main limitations are seepage and wetness.
Myakka and Eau Gallie Fine Sands - The soils! in this map unit are poorly suited to use for sanitary
facilities, building sites, or recreational develop>ment. The main limitations are seepage and wetness.
Nittaw Muck, Occasionally Flooded - The soil iin this map unit is poorly suited to use for sanitary
facilities, building sites, or recreational develop>ment. The main limitations are seepage, wetness and
shrink swell potential.
Penida Fine Sand - The soil in this map unit is poorly suited to use for sanitary facilities, building sites, or
recreational development. Water control, inclUlding surface and subsurface drainage, is needed to
overcome excessive wetness.
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St. Johns and Eau Gallie fine Sands - The so)ils in this map unit ore poorly suited to use for sanitory
facilities, building sites, or recreational develop>ment. The main limitations are seepage and wetness.
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WINTER SPRINGS UMIT IIr~1Y ~.- 1! ~_l."iiiim -,' Ul .., '~11 /_ LOCAlION EDGE OF .AtER
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J23 I I ~ .. . ~ ( " I RIGHT 0lJ1t. I I 13 . . ',..J .' i I
' · I I IIClHT OUT ~ . v I 1 I"!-.. ACCESS ~ I I 14 15 II 17 18 . , .
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COUNTY UMIT · ~l:I' i , · . " . . l!5 ..
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. I STONE GABLE PUD 1 /: I ". I .... .... ZONED C- 2 ..'
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INTER SPRINGS >- ~ 1~Ett' A,:;,~~';;..~~~~'~Z z:;~! 0 '-"p .f:: ,'.Or,'" .}t~,N:;c' ~,," ZONED C-2 .......
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December 19, 1997
To:
City Manager
Community Development Director
Staff ~
Land Development Coordinator ~
From:
Re:
Staff Review Board
Preliminary Engineering
Wagner Station PUD
The Staff Review Board convened on December 18, 1997 to consider the above referenced
preliminary engineering for Wagner Station PUD. Representing the project were 1. Odom,
D. McIntosh and D. Kelly. Staff members present were Carrington, Grimms, Hill, Houck,
Jenkins, Lallathin and LeBlanc.
Items discussed, which will be addressed at final engineering submittal, are listed below:
1) more fully address the emergency access to be located on the western side of the
property (soil stabilization, proper width for emergency vehicles, placement offence
between lots, etc.);
2) sidewalks to have handicap curb ramps;
3) fill areas are to be shaded;
4) submit wall and signage plans to have these approved at same time as final engineering;
5) show where the artesians well are and which ones have been capped;
6) the City will flag all specimen trees and every attempt to save these must be made;
7) furnish to the City a copy of the Endangered Species Survey;
8) conduct a Level I Environmental Survey and furnish the City a copy;
9) need a street lighting plan; and,
10) the developer was given a copy of the latest corridor vision plan.
Please refer to attached Utility Director Memo and City Engineer Letter.
(
\
December 19, 1997
Staff Review Board
Wagner Station PUD
Page 2
Motion by LeBlanc that the project be favorably forwarded to the Planning and Zoning Board
with the above stipulations - seconded by Lallathin. All voted aye.
NOTE: LeBlanc contacted D. McIntosh on December 18, 1997, at approximately
4:00 P.M. and reminded McIntosh that there could be no overhead utility
crossings over SR 434. The vision guidelines also state the same thing.
~
WINTER SPRINGS UTILITY I PUBLIC WORKS DEPARTMENT
110 NORTH FLAMINGO AVENUE
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-2669
Fax (407) 327-0942
December 18, 1997
TO:
Don LeBlanc, Land Development Coordinator
Kipton Lockcnff, P.E., Utility Director Iff'
FROM:
RE:
Wagner Station pun
We have reviewed the preliminary engineering plans for the Wagner Station PUD signed
and sealed November 6, 1997 and have the following comments:
1. This project does not currently contain or abut any reclaimed water distribution mains.
The code does not require that this project contain a reclaimed water distribution system.
However, the use of potable water for irrigating common areas, recreational areas and
landscape areas will be discouraged.
2. If possible, we recommend any mitigation undertaken occur within Winter Springs or
the Lake J esup area.
3. During settlement negotiations on the CSX corridor, we recommend that
consideration be given to acquire additional R/W adjacent to S.R. 434 for a deceleration
lane.
4. During an inspection of the site, many specimen oak trees were noticed in areas to be
developed, particularly in the Court "H" area. The City can assist in identifying these
trees so they can be located, shown and addressed on the final engineering.
5. Water and sewer capacity has not been reserved for this project although it is
available. Fees will be due and payable prior to water and sewer construction permit
application to DEP.
We recommend oreliminary en~ineering ap.vroval for the Wagner Station PUD.
File
. .
Y' .
Uoh(A
CITY OF WI NTER SPRI NGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708.2799
Telephone (407) 327.1800
December 8, 1997
David Kelly, P.E.
Donald W. McIntosh Assoc., Inc.
2200 Park Avenue North
Winter Park, FL 32789
RE: Wagner station PUD, Pr~liminary Etigineering Review
Plans Seal Date November 6, 1997.
Dear Hr. Kelly:
The subject engineering plans and supporting documentation
were reviewed for compliance with the City's Land Development Code
(LDC). They were found to be in general conformance with the LDC
and I accept this submittal with the following conditions:
1. ?lea.se place a note on the Preliminar., Encineerina that states
ground water table (GWT) readings '..Jill be taken along the
right - of-way ceh t er-l ines af t er roadways are final graded,
before subbase.. The City Engineer will review the data for
compliance with Sec. 9-73(b.7) and Sec. 9-201(3.d) of the LDC.
I f not in comp Ii ance wi th these two sect ions of the LDC,
underdrains will be required for the .roadways.
As a point of in:Eormation, the statement in the November ",
1997 letter by L..J. Nodarse & .::l.ssociates, that "...sandy
nature of the upper few feet of soils and a natural gradie~t
toward Lake J esup. . . " wi 11 prec 1 ude underdrains is net.
totally true. We have had sites in the City, with all sandy
soils and estimated seasonal high GWT of 6 feet below grade,
experience mounding of the GWT due to over watering and
rainfall, flowing over curbs and destroying the roadway.
2. John Florio stated the rotary roadway was changed to a large
cul-de-sac type circular right-of-way, approximately 225 feet
in diameter. If so, please indicate the center-line of this
in the detail on sheet 7 of the plans. I have no objection to
the roadway cross sections shown and support the variance.
You do not need to submit a revised Preliminary Engineering
plan to me for final approval of the above items. Just make the
~ receding changes on the Pre 1 imi na r y Enoi neeri nc plans YO:.1 wi 11
submit to Donald LeBlanc for Commission approval. I will need a
ccrrected set at that tim~.
, , -
';::'
Wagner StationPUD
David Kelly, P.E.
December 8, 1997
page 2
-..
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If you have any questions, please give me a call at 327-8397.
Sincerely,
Mark L. Jenkins, P.E.
City Engineer
<;ommunity Development Director
vtand Development Coordinator
David Kelly, McIntosh & Assoc., FAX# 644-8318
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ThIS-instrument prepared by
and after recording returned to:
Burgess N. Trank, Jr.
Centex Homes ..
151 Southhall Lahe, Suite 230
Maitland, Florida 32751-7190
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR WAGNERST ATION
SEMINOLE COllNTY, FLORIDA
THIS DECLARATION is made on the date her:.einafter set forth by Centex Homes,
a Nevada general partnership, hereinafter referred to ap the "Declarant".
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WITNESSETH
WHEREAS, Declarant is the owner of certain real prop,erty in Seminole County,
Florida, described on Exhibit "A" attached hereto and incorporated herein by reference;
and
WHEREAS, Declarant desires to create an exclusive planned residential conununity
known as Wagner Station on the land described on Exhibit "A" and such other land as may
be added thereto pursuant to the terms and provisions of this Declaration; and
WHEREAS, Declarant desires to establish a not-for-profit corporation to be known
as the Wagner Station Homeowners Association, Inc., to own, operate and maintain the
Conunon Areas herein described for the use and benefit of the Owners of Lots within the
Property as herein described;
NOW THEREFORE, Declarant declares that the real property described on attached
Exhibit "A" shall be held, sold and conveyed subject to the restrictions, covenants and
conditions declared below, which shall be deemed to be covenants running with the land
and imposed o~ and intended to benefit and burden each Lot and other portions of the
Property in order to maintain within the Property a planned conununity of high standards.
Such covenants shall be binding on all parties having any right, title or interest therein or
g:\legal\dccr\wgnrstn,dcr DRAFT
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any part thereof, their respective heirs, personal representatives, successors and assigns,
and shall inure to the benefit of each owner thereof.
ARTICLE 1
DEFINITIONS
Section 1.1. "Articles of Incorporation" or "Articles" shall mean and refer to the
Articles of Incorporation for Wagner Station Homeowners Association, Inc., a Florida not-
for-profit corporation in the form attached hereto as Exhibit "B" and incorporated herein
by reference.
Section 1.2. "Association" shall mean and refer to Wagner Station Homeowners
Association, Inc., a Floridanot-for-profit corporation established for the purposes set forth
herein.
Section 1.3. "Builder" shall mean and refer to Centex Homes, a N.evada general
partnership and any other residential building company acquiring Lots from the Declarant
for the purpose of construction and sale of homes.
Section 1.4. "Bylaws" shall mean and refer to the Bylaws of the Wagner Station
Homeowners Association, Inc. in the form attached hereto as Exhibit "C" and incorporated
herein by reference.
Section 1.5. "Common Areas" or "Common Property" shall mean and refer to that
portion of the Property, If any, conveyed to the Association for the use and benefit of the
Ovvners, including without limitation, Tract "_", the Recreation Facilities Site, Tracts
"_", the Private Streets, and Tracts "_", the Surface Water and Storm Water
Management System retention ponds, as shown on the recorded Plat.
Section 1.6. "Common Maintenance Areas" shall mean and refer to the Common
Areas, if any, and drainage facilities and detention ponds and any areas within public
rights-of-way or easements that the Board of Directors of the Association deems it
necessary or appropriate to maintain for the common benefit of the members.
Section 1.7. "Declarant" shall mean and refer to Centex Homes, a Nevada general
partnership, its successors and assigns who are designated as such in writing by Declarant,
and who consent in writing to assume the duties and obligations of th~ Declarant with
respect to the Lots acquired by such successor or assign.
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Section 1.8. "Declaration" shall mean and refer to this Declaration of Covenants,
Conditions and Restrictions for Wagner Station, and any amendments, annexations and
supplements thereto made in accordance with its terms, -
Section 1.9. "Lot" shall mean and refer to any of the plots of land indicated upon
the recorded subdivision map of the Property or any part thereof creating single-family
homesites, with the exception of the Common Area and areas deeded to a governmental
authority or utility, together with all improvements thereon.
Section 1.10. "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of a fee simple title to any Lot, including contract sellers, but
excluding those having an interest merely as security for the performance of an obligation.
Section 1.11. III1Plat" shall mean and refer to the recorded plat. of Wagner Station,
and! or any other subdivision plat applicable to the Undeveloped Parcel which is later
annexed to this Declaration and made a part of the Association.
Section 1.12. "Private Street" shall mean and refer to the common Property
identified as Tracts "_" on the Plat of the Property, including without limitation, the
paved streets, curbs, gutters, drainage facilities, landscaping, sidewalks and other
improvements, if any constructed or installed within Tracts "_".
Section 1.13. "Property" shall mean and refer to the real property described on the
attached Exhibit "A", and such additions thereto as may be brought within the jurisdiction
of the Association and be made subject to this Declaration.
Section 1.14. "Supplemental Declaration" shall mean any supplement, amendment
or modification of this Declaration.
Section 1.15. "Surface Water and Storm Water Management System" shall'mean
and refer to a system of swales, inlets, culverts, retention ponds, detention ponds, lakes,
outfalls, storm drains and the like, and all connecting pipes and easements, which is
designed and constructed or implemented to control discharges which are necessitated by
rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use
or reuse water to prevent or reduce flooding, overdrainage, environmental degradation,
and water pollution or otherwise affect a quantity and quality of discharges from the
system, as permitted pursuant to Chapters 40C-4, 40C-40, or 40C-42, Florida
Administrative Code.
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Section 1.16. "Undeveloped Parcel" shall mean and refer to the lands described in
Exhibit "U1 attached to this Declaration, portions of which are presently unimproved
parcels of land which Declarant may, but is not obligated to, develop and which, by future
annexation, may be subjected to this Declaration.
Section1.17. "Unit" shall mean a portion of the Properties, whether developed or
undeveloped, intended for development, use and occupancy as a detached residence for
a single family, or as an attached townhome or villa home, or as an attached or detached
condominium residential unit, and shall, unless otherwise specified, include within its
meaning (by way of illustration but not limitation) single-family detached houses on
separately platted Lots, attached townhomes or villa homes, and condominium residential
units as well as vacant land intended for development as such, all as may be developed,
used, and defined as herein provided or as provided in Supplemental Declarations
covering all or part of the Property. The term shall include all portions of the Lot together
withh all improvements there.on. In the case of a parcel of vacant land or land in which
improvements are under construction, the parcels shall be deemed to contain the numbers
of Units designated for such parcel on the Plat or site plan approved by Declarant,
whichever is more recent, until such time as a certificate of occupancy is issued on all or a
portion thereof by a local government entity having jurisdiction, after which the portion
designated in the certificate of occupancy shall constitute a separate Unit or Units as
determined above, and the number of Units in the remaining land, if any, shall continue
to be determined in accordance with this paragraph.
ARTICLE 2
PROPERTY SUBJECT TO DECLARATION
Section 2. 1. Property Subject to this Declaration. From and after the time that
this Declaration is recorded in the Public Records of Seminole County, Florida, the
Property shall be subject to the terms and conditions of this Declaration. The Property
shall be held, sold and conveyed subject to the easements, restrictions, covenants and
conditions contained in this Declaration, which shall run with the land and be binding on
all parties having any right, title or interest in the Property or any part thereof, their heirs,
successors or assigns and shall inure to the benefit of each owner thereof. .
Section 2.2. Annexation.
2.2.1. Within the period beginning with the date this Declaration is recorded
in the Public Records of Seminole County, Florida and ending either (a) seven (7) years
g:\legal\dccr\wgnrstn.dcr DRAFT
72497
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thereafter, or (b) five (5) years from the date of recording of the last recorded Supplemental
Declaration annexing additional land to this Declaration, whichever event, (a) or (b),
occurs later, the Declarant may, without the consent or joinder of the Owners or any other
person or entity, annex additional real property (including Common Property) within the
Undeveloped Parcel to the Properties. Annexations under this Subsection 2.2.1 shall be
accomplished by filing a Supplemental Declaration describing the real property to be
annexed (or withdrawn pursuant to Section 2.3 of this Article 2, as the case may be), and
shall become effective when such Supplemental Declaration is filed among the Public
Records of Seminole County, Florida, unless otherwise provided therein. Declarant shall
have the unilateral right to transfer to any other person or entity the right, privilege, and
option to annex additional property which is herein reserved to Declarant, provided that
such transferee or assignee shall be the developer of at least a portion of the Properties and
that such transfer is memorialized in a written, recorded instrument executed by the
Declarant.
2.2.2. Subject to the consent of the owner thereof, the Association may annex
real property, other than property within the Undeveloped Parcel, to the provisions of this
Declaration and the jurisdiction of the Association. Such annexation shall require the
affirmative vote of two-thirds (2/3) of the votes of each class of Members of the
Association. The aimexation of land under this Subsection 2.2.2 shall be accomplished by
the recordation in the Public Records of Seminole County, Florida, of a Supplemental
Declaration describing the property being annexed and signed by the President and
Secretary of the Association and by the owner of the property being annexed. Any such
annexation shall be effective upon filing unless otherwise provided therein.
2.2.3. No provision of this Declaration shall be construed to require
Declarant or any other person or entity to annex any real property to this Declaration.
Further, the Declarant is not obligated to bring all or any part of the remaining real estate
in the Undeveloped Parcel into the Association.
2.2.4. The Declarant intends to develop the Property, the Undeveloped
Parcel and adjoining landsin accordance with applicable ordinances and regulations, and
hereby reserves the right to develop and use any or all of the Undeveloped Parcel or
adjoining lands in any manner permitted by such ordinances and regulations, and without
any obligation to the Owner of any Lot which is subject to this Declaration. The Declarant
shall not be required to follow any predetermined order of improvement and development
of the Undeveloped Parcel or adjoining lands; and it may annex additional lands within
the Undeveloped Parcel in any order, and construct improvements, thereon before
completion of all improvements on the Property or any previously annexed lands.
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2.2.5. 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. .
2.2.6. In the event that either the Federal Housing Administration (the
"FHA") or the Department of Veterans Affairs (the "V A") insures or guarantees any
mortgage encumbering a Lot, and the regulations or procedures of such agency require
under such circumstances approval of annexations by such agency or determination by
such agency that such annexation is consistent with the general plan of development for
the Wagner Station, then such approval or determination as described in Article 16,
Subsection 16.2.5 shall be a prerequisite to such anne~ation.
Section 2.3. Withdrawal. Within the period beginning with the date this
Declaration is recorded in the Public Records of Seminole County, Florida and ending
either (a) seven (7) years thereafter, or (b) five (5) years from the date of recording of the
last recorded Supplemental Declaration annexing additional land to this Declaration,
whichever event (a) or (b) occurs later, the Declarant may, without the consent or joinder
of the Owners or any other person or entity, when necessary or desirable to accommodate
changes in the plan of development of Wagner Station, withdraw from the provisions of
this Declaration.any of the Property that continues to be owned by the Declarant, and its
successors or assigns, and vvhich has not been dedicated or designated as Common
Property. Withdrawals under this Section 2.3 shall be accomplished by filing a
Supplemental Declaration describing the real property to be withdrawn and shall become
effective when such Supplemental Declaration has been recorded in the Public Records of
Seminole County, Florida, unless otherwise provided therein.
Section 2.4. Conveyance of Common Areas to the Association. When Decl~rant
conveys title to the first Unit within each phase of development to be conveyed to a Class
"A" Member, the Declarant shall be obligated to convey title to all of the Common Areas
located in such phase of development to the Association which shall be obligated to accept
such conveyance pursuant to Article 7.
ARTICLE 3
CREATION OF ASSOCIATION; MEMBERSHIP; VOTING RIGHTS
Section 3.1. Creation of Association. Upon execution of this Declaration, Declarant
shall cause the Association to be created by recording the Articles of In.corporation and
Bylaws thereof with the Secretary of State of Florida in the forms attached hereto as
Exhibits "B" and "C" , respectively, and incorporated herein by reference.
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Section 3.2. Membership! Every Owner of a Unit or Lot, and every Builder
owning any Unit or Lot, by virtue of the ownership of such Unit or Lot, and the Declarant
and its successors and assigns, shall be Members of the Association, and by acceptance of
a deed or other instrument evidencing an ownership interest, each Owner, Builder and
Declarant accepts membership in the Association, acknowledges the authority of the
Association as 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. The term "Member" shall include each person or entity owning any right,
title or interest in any Unit or Lot, except persons or entities holding mortgages or other
security or trust interests unless such persons or entities also have the right of possession.
Tenants or others occupying any Unit who do not have an ownership interest therein shall
not be Members for the purposes of this Declaration. Membership in the Association is
appurtenant to, and may not be severed from, the Unit or Lot. The rights and obligations
of a Member may not be assigned or delegated except as provided in this Declaration, the
Articles of Incorporation or Bylaws of the Association, and shall automatically pass to the
successor-in-interest of any Owner upon conveyance of such Owner's interest in the Lot
or Unit. Members shall be responsible for compliance with the terms and conditions of this
Declaration, the Articles of Incorporation and Bylaws, and rules and regulations of the
Association by all occupants, tenants, guests, invitees and family members while residing
in or visiting any Unit, Common Area or other portion of the Property.
Section 3.3. V oting Rights. Members of the Association shall be allocated votes
as follows:
3.3.1. Classes.
Class A. Class A Members shall be all Owners with the exception of the
Declarant and any Builders. Each Class "A" Member shall be entitled to one vote for each
Lot or Unit owned.
Class B. The Class B Member shall be the Declarant, Of its specifically
designated (in writing) successor. The Class B Member shall be allocated three (3) votes
for each Lot or Unit owned by it within the Property which is subject to assessment by this
Association; provided, that the Class B membership shall cease and become converted to
Class A membership as set forth in Section 3.5 of this Article 3. Upon conversion to Class
A membership, the Declarant shall have one vote for each Unit or Lot owned by it within
the Property so long as said Unit or Lot is subject to assessment by this Association.
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Class C. All Builders, as defined herein, except the Declarant, shall be Class
C Members. Class C Members shall have one (1) vote for each Lot or Unit they own in the
Property.
3.3.2. Joint Ownership. When any Unit or Lot is owned of record in the
name of two or more persons 'or entities, whether fiduciaries, joint tenants, tenants in
cornman, tenants in partnership, or in any other manner of joint or COilUTIOn ownership,
or if two or more persons or entities have the same fiduciary relationship respecting the
same property, then unless the instrument or order appointing them or creating the
tenancy otherwise directs, and a copy thereof is filed with the secretary of the Association,
such Owner shall select one official representative to qualify for voting in the Association
and shall notify in writing the Secretary of the Association of the name of such individual.
The vote allocated to any Unit or Lot (including Units or Lots owned by the Declarant or
a Builder) may not be divided or cast in any fraction, and the vote of each official
representative shall be considered to represent the will of all the Owners of that Lot or
Unit. If the Owners fail to designate their official representative, then the Association may
accept the person asserting the right to vote as the voting Owner until notified to the
contrary by the other Owner(s). Upon such notification no affected Owner may vote until
the Owner(s) appoint their official representative pursuant to this paragraph.
Section 3.4. Change of Membership.
3.4.1. Ownership. Change of membership in the Association shall be
established by recording in the Public Records of Seminole County, Florida, a deed or other
instrument conveying record fee title to any Lot or Unit, 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 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 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 or Unit acquired. Notwithstanding the foregoing, the
Declarant, or any Builder, shall have the right to notify the Association in writing of
conveyance of a Unit to an Owner without the requirement of providing a.copy of the
deed, and the Association shall recognize the Owner identified in such written notice as
a Member of the Association and Owner of the Unit.
3.4.2. Interest in Association. The interest, if any, of a Member in the funds
and assets of the Association shall not be assigned, hypothecated or transferred in any
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manner except as an appurtenance to the Owner's real property. 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 transfers or conveys his interest in the real property
upon which his membership is based or until said interest is transferred or conveyed by
operation of lawt at which time the membership shall automatically be conferred upon the
transferee. Membership shall be appurtenant to, run with, and shall not be separated from
the real property interest upon which membership is based.
Section 3.5. Class B Membership Status.
3.5.1. Duration. The Declarant's Class B membership status shall continue,
and shall be in effect, during the period from the inception of this Declaration until either
(1) seven (7) years from the date this Declaration is recorded; or (2) five (5) years after the
date of recording of the last Supplemental Declaration annexing additional property into
this Association, whichever event, (1) or (2) occurs later; or (3) upon recording of a
voluntary written notice executed by the Declarant or its duly authorized successor or
assignee electing to convert its Class B status to Class A; or (4) in any event, one hundred
twenty (120) days after the conveyance of the Unit to a Class A Member that causes the
total number of votes held by all Class A Members of this Association to equal the number
of votes held by the Class B Member, whichever event, (1), (2), (3) or (4), occurs first;
provided however, that if Class B status is converted to Class A pursuant to clause (4) and,
subsequent to such event, the Declarant annexes additional property within the
Undeveloped Parcel to the Association or annexes additional Lots developed within the
Undeveloped Parcel to the Association, and such annexation causes the number of Lots or
Units owned by the Declarant within the Property, as increased by the annexationt to
exceed twenty-five percent (25%) of the total number of Lots and Units within the
Property, Declarant's Class B status shall be restored as to all Lots and Units then owned
by Declarant, and shall continue until the next occurrence of an event of conversion
described above.
3.5.2. Assignment. The Declarant shall have the right to partially assign its
status as Declarant and Class B Member, by recorded instrument executed by the original
Declarant and acknowledged and accepted by the assignee Declarantt to any person or
entity acquiring any portion of the Property for the purpose of development of a residential
subdivisiont and any such assignee shall thereafter be deemed to be the Declarant as to the
Lots or Units owned by such person or entity, and shall have the right to exercise all of the
rights and powers of the Declarant as to such Lots and Units, while, at the same timet the
original Declarant shall continue to exercise the rights and powers of the Declarant as to
all Lots and Units owned by such original Declarant. If any action of the Association
requires the appro vat consent or vote of the Declarantt and the original Declarant has
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partially assigned its rights as Declarant to others pursuant to this paragraph, the consent
or vote of all such Declarants shall be required to satisfy the requirement of consent by the
Declarant. .
ARTICLE 4
FUNCTIONS OF ASSOCIATION
Section 4.1. Common Maintenance Areas. The Association, subject to the rights
of the Owners set forth ih this Declaration, shall be responsible for the exclusive
management and control of the Common Maintenance Areas and all improvements
thereon (including, without limitation, furnishings and equipment related thereto and
common landscaped areas), and shall keep the Common Maintenance Areas in good, clean,
attractive, and sanitary condition, order, and repair, pursuant to the terms and conditions
hereof and any agreement with another association or governmental agency.
Section 4.2. 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 behalf of the
Association, shall accept any real or personal property, leasehold, or other property
interests within the Property conveyed to it by the Declarant.
Section 4.3. Services. The Association shall have the following powers:
4.3.1. Maintenance of Common Maintenance Areas, Surface Water
and Storm Water Management Systems, recreation parcels, and all city, county, district or
municipal properties and rights-of-way (to the extent permitted by any governmental
authority) which are located within or in a reasonable proximity to the Properties where
deterioration of any of the described items would adversely affect the appearance of the
Properties or the operation of systems appurtenant to Wagner Station.
4.3.2. Maintenance of any real property located within Wagner
Station upon which the Association has accepted an easement for said maintenance.
4.3.3. Maintenance of beaches, lakes and canals owned by or
dedicated for the use of the Association within the Properties, as well as maintenance of
bodies of water if and to the extent permitted or required by any contract or by any
governmental authority having jurisdiction thereof.
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4.3.4. Insect, pest and aquatic control where necessary or desirable
in the judgment of the Board to supplement the service provided by the state and local
governments. The provisions of this paragraph shall ,not be construed as an obligati~n on
the part of Association to provide such services.
4.3:5. Taking any and all actions necessary to enforce all covenants,
conditions and restrictions affecting the Properties and to perform any of the functions or
services delegated to the Association in any covenants, conditions or restrictions applicable
to the Property or in the Articles or Bylaws.
4.3.6. Conducting business of the Association, including but not
limited to administrative services such as legal, accounting and financial, and
communication services informing Members of activities, Notice of Meetings, and other
important events. The Association shall have the right to enter into management
agreements with companies affiliated with the Declarant in order to provide its services,
and perform its functions.
4.3.7. Establishing and operating the Architectural Control
Committee, pursuant to Article 8.
4.3.8. Adopting, publishing and enforcing such Rules and
Regulations as the Board deems necessary.
4.3.9. Lighting of roads, sidewalks, walking and bike paths
throughout the Properties as deemed necessary by the Board. The provisions of this
paragraph shall not be construed as an obligation on the part of Association to provide
such services.
4.3.10. At the sole option and discretion of the Board, conducting
recreation, sport~ craft, anci cultural programs of interest to Members, their families, tenants
and guests and charging admission fees for the operation thereof.
4.3.11. Constructing improvements on Common Property and
easements as may be required to provide the services as authorized in this Article.
4.3.12. Employment of guards, maintenance of control centers for
the protection of persons and property within the Properties, installation, operation and
maintenance of communication systems by the Association or a contractual designee of the
Association, and assista~ce in the apprehension and prosecution of persons who violate
the laws of Seminole County or the State of Fiorida within the Properties. However,
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neither the Association, nor the Declarant shall be obligated to provide any security
measures to the Properties nor shall they be held liable for any loss or damage by reason
of failure to provide adequate security or ineffectiveness of security measures undertaken.
All Owners, tenants, guests, and invitees of any Owner, as applicable, acknowledge that
the Association and the Declarant are not insurers and that each Owner, tenant, guest, and
invitee assumes all risk of lo,ss or damage to persons, to Units and to the contents of Units
and further acknowledge that Declarant has made no representations or warranties, nor
has any Owner, tenant, guest, or invitee relied upon any representations or warranties,
express or implied, including any warranty of merchantability or fitness for any particular
purpose relative to any security measures recommended or undertaken.
4.3.13. The Association may also provide exterior maintenance
upon any Unit or upon any structure containing Units which, in the reasonable opinion of
the Board of Directors of the Association, requires such maintenance because said Unit' or
structure is being maintained in a manner inconsistent with the overall appearance and
standards prevailing within the AssC?ciation. The Association shall notify the Owner of
said Unit or structure in writing, specifying the nature of the condition to be corrected, and
if the Owner has not corrected the condition within thirty (30) days after date of said notice,
the Association (after approval of a majority of the Board) may correct such condition. Said
maintenance shall include but not be limited to painting, repairs, replacement and
maintenance of roofs, gutters, down spouts, exterior building surfaces, trees, shrubs, grass,
walks and other exterior improvements. For the purpose of performing the exterior
maintenance authorized by this Article, the Association, through its duly authorized agents
o.r employees, shall have the right, after re.asonable notice to the Owner, to enter upon any
Unit or exterior of any Unit or other structures or improvements located in the Wagner
Station at reasonable hours on any day, except Saturday and Sunday; provided, however,
the Association shall have the right of entry without notice if necessary to correct an
eri1ergency situation. The cost of such maintenance shall be assessed against the Unit upon
which such maintenance is performed as a Special Assessment as provided in Article 6,
Section 6.7.
4.3.14. Establish use fees and promulgate rules and regulations.
respecting the use of Common Property and Association faCilities by Members and persons
other than Members.
4.3.15. Engage in any activities reasonably necessary and legally
required to remove from the Common Maintenance Areas, Common Property, Surface
Water and Storm Water Management System and other open space,any pollutants,
hazardous waste or toxic materials, and by Special Assessment, recover costs incurred from
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the Owner(s) causing such condition or upon whose property such materials were located
or generated.
4.3~16. Accept conveyance of all Common Areas from the Declarant,
including all improvements, structures, equipment, apparatus or personal property
thereon, and cooperate with and assist Declarant, its agents, employees and contractors in
periodic inspection and maintenance thereof pursuant to Article 7.
The functions and services allowed in this Section to be carried out or offered by the
Association at any particular time shall be determined by the Board taking into
consideration proceeds of assessments and the needs of the Members of the Association.
The functions and services which the Association is authorized to carry out or to provide,
may be added to or reduced at any time upon the affirmative vote of a majority of the
Board; provided, however, the Board may not vote to reduce or abrogate the Association1s
responsibility to maintain Common Maintenance Areas. The Association may provide the
permitted services by contract with third parties, including agreements with applicable
governmental agencies.
Section 4.4. Conveyance to Association. The Association shall be obligated to
accept any and all conveyances to it by Declarant of fee simple title, easements or leases to
open space, parks, lakes, recreation parcels, Surface Water a'nd Storm Water Management
Systems or Common Property as set forth in Article 7.
Section 4.5. Conveyance by . Association. The Association may conveyor dedicate
lands or easements that are part of the Common Properties owned by the Association to
Seminole County, the State of Florida, or other governmental authority or agency. The
Association may also convey lands or easements that are part of the Common Properties
owned by the' Association to the Declarant in connection with any replatting of any
portion of the Property.
Section 4.6. Contracts with Other Associations. The Association is authorized to
enter into any contracts or easement arrangements with other associations that may
subsequently be formed for portions ofthe Wagner Station property that are not annexed
hereto and made subject to this Declaration provided that such contracts or easements are
necessary or beneficial for the operation of the Association or the maintenance of the
Properties; provided that the costs or expenses of operating, performing, or maintaining
such contracts or easements shall be allocated between this Association and such other
associations in accordance with the cost incurred or benefit received by 12ach association.
Any such contracts or easements shall be approved by the vote or written consent of a
majority of the Board of the Association.
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Section 4.7. Security Services and Gatehouse. In the event that Declarant
constructs a gatehouse at the entrance to the Properties, the Association shall have the
right, but not the obligation to provide a security guard and/or other gate control
measures. The Board of Directors of the Association shall determine the extent of security
services, if any, to be provided by the Association as part of its annual budgeted expenses.
No Owner shall have any claim or cause of action whatsoever against the Association or
the Declarant for the absence of security guards or other gate control measures at the
entrance to the Properties. The Association Board of Directors shall establish all rules and
regulations concerning gate operation and access, provided that the Association shall not
. restrict access to the Properties by Declarant, its agents, employees, contractors, customers
or invitees at all reasonable hours. Any security gate or gatehouse erected by the Declarant
shall be dedicated to the Association, and shall be accepted by the Association pursuant to
Article 7 and maintained, repaired and replaced by the Association as part of the COlnmon
Maintenance Area.
ARTICLE 5
GENERAL POWERS AND DUTIES OF
BOARD OF DIRECTORS OF THE ASSOCIATION
Section 5.1. Purpose of Maintenance Fund. The Board, for the benefit of the
O\vners, shall provide and shall pay for out of the maintenance fund provided for in
Article 6 above the following:
a. Taxes and assessments and other liens and encumbrances which shall
properly be assessed or charged against the Common Areas rather than against the
individual Owners, if any.
b. Care and. preservation of the Common Maintenance
Area, including without limitation, the Private Streets and drainage facilities.
c. The services of a professional person or management firm to manage
the Association or any separate portion thereof to the extent deemed advisable by
the Board, (provided that any contract for management of the Association shall be
terminable by the Association, with no penalty upon no more than ninety (90) days
prior written notice to the managing party) and the services of such other personnel
as the Board shall determine to be necessary or proper for the operation of the
Association, whether such personnel are employed directly by the,Board or by the
manager.
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d. Legal and accounting services.
e. A policy or policies of insurance insuring the Association against any
liability to the public or to the Owners (and/or invitees or tenants) incidentto the
operation of the Association in any amount or amounts as determined by the Board
of Directors, including a policy or policies of insurance as provided herein in Article
15. .
f. Workers compensation insurance to the extent necessary to comply
with any applicable laws.
g. Such fidelity bonds as may be required by the Bylaws or as the Board
may determine to be advisable.
h. Any other materials, supplies, insurance, furniture, labor, services,
maintenance, repairs, structural alterations, taxes or assessments (including taxes
or assessments assessed against an individual Owner) which the Board is required
to obtain or pay for pursuant to the terms of this Declaration or by law or which in
its opinion shall be necessary or proper for the enforcement of this Declaration.
Section 5.2. Powers and Duties of Board. The Board, for the benefit of the Owners,
shall have the following general powers and duties, in addition to the specific powers and
duties provided for herein and in the Bylaws of the Association:
a. To execute all declarations of ownership for tax assessment purposes
with regard to the Common Areas, if any, on behalf of all Owners.
b. To borrow funds to pay costs of operation secured by assignment or
pledge of rights against delinquent Owners if the Board sees fit.
c. To enter into contracts, maintain one or more bank accounts, and
generally to have all the power necessary or incidental to the operation and
management of the Association. .
d. To protect or defend the Common Areas from loss or damage by suit
or otherwise and to provide adequate reserves for replacements.
e. To make reasonable rules and regulations for the ~peration of the
Common Maintenance Areas and to amend them from time to time; provided that,
any rule or regulation may be amended or repealed by an instrument in writing
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signed by a majority of the Owners, or with respect to a rule applicable to less than
all of the Common Areas, by the Owners in the portions affected.
f. To make available for inspection by Owners after the end of each fiscal
year an annual report and to make all books and records of the Association
available for inspection by Owners at reasonable times and intervals.
g. To adjust the amount, collect and use any insurance proceeds to repair
damage or replace lost property, and if proceeds are insufficient to repair damage
or replace lost property, to assess the Owners in proportionate amounts to cover the
deficiency.
h. To enforce the provisions of any rules made hereunder and to enjoin
and seek damages from any Owner for violation of such provisions or rules.
i. To collect all assessments and enforce all penalties for non-payment
including the filing of liens and institution of legal proceedings.
Section 5.3. Board Powers Exclusive. The Board shall have the exclusive right to
contract for all goods, services and insurance, payment of which is to be made from the
maintenance fund and the exclusive right and obligation to perform the functions of the
Board except as otherwise provided herein.
Section 5.4. Maintenance Contracts. The Board, on behalf of the Association, shall
have full power and authority to contract with any Owner or other person or entity for the
performance by the Association of services which the Board is not otherwise required to
perform pursuant to the terms hereof, such contracts to be upon such terms and conditions
and for such consideration as the Board may deem proper, advisable and in the best
interest of the Association.
ARTICLE 6
ASSESSMENTS
Section 6.1. Creation of the Lien and Personal Obligations of Assessments.
Declarant covenants, and each Owner of any Lot or Unit shall by acceptance of a deed
therefor, regardless of whether it shall be so expressed in any such deed or other
conveyance, be deemed to covenant and agree to all the terms and provisions of this
Declaration and to pay the Association: (1) Annual Assessments, (2) Special Assessments
and (3) an Initial Working Capital Assessment, all fixed, established and collected from
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time to time as hereinafter provided. The Annual Assessments, Special Assessments and
Initial Working Capital Assessment, 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. Each such assessment, together with such interest thereon and cost of collection,
shall also be the personal obligation of the person who is the Owner of such real property
at the time when the assessment first becomes due and payable. In the case of co-
ownership of a Unit or 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 Board to take
some action or perform some function required to be taken or performed by the
Association. or Board under this Declaration or the Bylaws, or for inconvenience or
discomfort arising from the. making of repairs or improvements which are the
responsibility.of the Association, or from any action taken to comply with any law,
ordinance, or with any order or directive of any municipal or other governmental
authority.
Section 6.2. Purpose of Annual Assessments. The Annual Assessments levied by
the Association may be used for the improvement, maintenance, enhancement and
operation of the Common Maintenance Area, Surface Water and Storm Water Management
Systems, Common Property and public areas located in, on or about the Property to the
extent that deterioration of the public areas would adversely affect the appearance of the
Property or the operation of systems appurtenant to the Property, and further to provide
services which the Association is authorized or required to provide by contract or
otherwise, including, but not limited to, the payment of taxes and insurance thereon,
construction, repair or replacement of improvements, payment of the costs to acquire labor,
equipment, materials, management and supervision necessary to carry out its authorized
functions, and for the payment of principat interest and any other charges connected with
loans made to or assumed by the Association for the purpose of enabling the Association
to perform its authorized or required functions.
Section 63. Duty of the Board. It shall be the duty of the Board, at least thirty (30)
days in advance of each fiscal year of the Association, to establish the annual budget and
to fix the amount of the Annual Assessment against each Lot or Unit for the coming fiscal
year, and to prepare a roster of the Lots and Units and assessments applicable thereto
which shall be kept in the office of the Association and shall be open to inspection by the
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Owner. Failure to fix the ~mount of the Annual Assessment within the time period set
forth above will not preclude the Board from fixing the Annual Assessment at a later date.
In the event the Board fails for any reason to determine the budget for any year, then and
until such time as a budget shall have been determined as provided herein, the budget in
effect for the immediately preceding year shall continue for the current year, and the
Annual Assessment for the immediately preceding year shall continue for the current year.
Written notice oUhe Annual Assessment shall be sent to every Owner subject thereto not
later than seven (7) days after fixing the date of commencement thereof.
Section 6.4. Rate of Assessment. Annual Assessments shall be established by
dividing the total expenses of the Association by the total number of Lots or Units subject
to assessment to derive a uniform base assessment amount applicable to all Lots. Special
Assessments for capital improvements or expenses applicable to all Lots within the
Properties shall be established in the same manner; however, Special Assessments
applicable to a particular Lot for expenses attributable exclusively to such Lot shall be
determined by dividing the applicable expense by the number of Lots to which it applies.
,After such amounts have been determined, the amounts due from the Class "B" and Class
"e' Members shall be adjusted according to the following provisions. Declarant will have
the following option for each assessment year:
6.4.1. During the period in which Declarant has the status of the
Class B Member, all Lots and Units owned by Declarant, unless otherwise elected in
writing by Declarant, shall be assessed at twenty-five percent (25%) of the rate of
assessment applicable to units ovvned by Class A Members, provided however, that in the
event that the actual operating expenses of the Association during the year for which the
Declarant's assessment is 25% of the Class A Membership assessment exceed the actual
income of the A~sociation derived from all assessments imposed on all Members, Declarant
shall reimburse the Association the difference between its actual operating expenses and
its actual assessment income for such year, save and except any portion of such deficit
attributable to delinquent assessments owed by Class A Members. Payment of such
reimbursement shall be made by Declarant within 30 days after receipt of the Association's
annual statement of accounts. Notwithstanding the foregoing, the Declarant shall have the
right, but not the obligation, to reimburse the Association for deficits attributable to
delinquent assessments owed by Class A Members, and, in that event, the Association shall
promptly institute. collection proceedings, including legal action if necessary, to recover
such unpaid amount(s) from such Owner(s), and, upon receipt of such recovery, the
Association shall reimburse Declarant the amount(s) so recovered up to the amount of any
operating deficit funded by Declarant which arose from such non-paym12nt.
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6.4.2. In the alternative, Declarant may elect by written notice to
the Board to pay the full Class A rate of assessment for each Unit owned by Declarant
within the Association and subject to assessment for any assessment year without thereby
waiving its Class B status or its right to elect to pay assessments pursuant to Subsection
6.4.1 for any ensuing assessment years, and, in such event, shall not be liable for the
operating deficit of the Association as provided in Subsection 6.4.1.
6.4.3. At such time as Class B status shall cease, all Lots and Units
owned by Declarant shall be assessed at the full Class A rate and Declarant shall have no
obligation to fund any operating deficit of the Association thereafter.
Section 6.5. Builder Assessments. Lots or Units owned by Class C Members shall
be assessed at twenty-five percent (25%) of the Annual Assessment rate fixed for Class A
Units during the period of Class B membership. Upon conversion of Class B membership
to Class A, ClassC shall also be converted to Class A, and full assessments shall apply.
Section 6.6. Initial Maximum Annual Assessment: Increases in Maximum
Assessment: and Annual Assessment Rates.
6.6.1. Initial Maximum Annual Assessment. Until January 1 of the year
immediately following the conveyance of the first Unit by the Declarant or a Builder to a
Class A Member, the Maximum Annual Assessment per Unit shall be $
6.6.2. Increases in Maximum Annual Assessment - Without Consent of the
Members. From and after such date, the Maximum Annual Assessment shall be
increased each year by the Board without a vote of the Membership of the Association by
an amount not more than either (a) ten percent (10%) above the sum of (1) the Maximum
Annual Assessment for the previous year, plus (2) increases mandated by governmental
agencies and/ or increased fixed costs incurred for insurance, taxes, recycling, waste
disposal, or to obtain services from utility companies, or (b) the percentage increase, if any,
in the current Us. Government's Consumer Price Index (Urban Price Index - All Urban
Consumers), herein referred to as the "CPI", over the cpr published for the preceding
period, or other statistical index providing similar information if the CPI ceases to be
published, whichever amount, (a) or (b), is greater.
6.6.3. Increases in Maximum Annual Assessment - Requiring Consent of
the Members. The Maximum Annual Assessment may not be increased above the amount
described in Subsection 6.6.2 above without the approval of a simple majm;ity of each class
of Members who are either voting in person or by proxy, at a meeting of the Association
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duly called for this purpose, or whose approval is evidenced by the written consent of the
majority of such ,Members.
6.6.4. Establishing the Annual Assessment. The Board of Directors of the
Association shall set the Annual Assessment for each fiscal year at an amount not in excess
of the Maximum Annual Assessment then in effect as established pursuant 'to Subsections
6.6.1, 6.6.2 or 6.6.3 above. If the Board sets the Annual Assessment at an amount which is
less than the allowable Maximum Annual Assessment, the Board shall have the right to
increase the Annual Assessment to any amount not greater than the allowable Maximum
Annual Assessment then in effect without the consent of the Members upon thirty (30)
days written notice. The election of the Board to set the Annual Assessment at an amount
less than the Maximum Annual Assessment shall not affect the calculation of the Maximum
Annual Assessment for ensuing years pursuant to this Section 6.6.
Section 6~7. Special Assessments. In addition to the Annual Assessments
authorized herein, the Association may levy in any fiscal year a Special' Assessment
applicable to that fiscal year only for the purpose of defraying, in whole or in part, the cost
of any construction, reconstruction, repair or replacement of a capital improvement upon
the Common Property, including fixtures and personal property related thereto; provided,
such assessment shall have the affirmative vote or written consent, or combination thereof,
at least a simple majority of the votes of each class of Members. The obligation to pay
Special Assessments shall be computed on the same basis as for Annual Assessments.
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 (by simple majority vote of the Board) may also levy a Special
Assessment against any Member to reimburse the Association for costs incurred pursuant
to Article 4, Section 4.3.13, and 4.3.15, in bringing a Member and his Unit or Lot into
compliance with the provisions of the Declaration, any amendments thereto, the Articles,
the Bylaws, and the Association .rules and regulations, or for the recovery of expenses
incurred pursuant to Section 6.14 of this Article 6, which Special Assessment may be levied
upon the vote of the Board after notice to the Member and an opportunity for a hearing.
Section 6.8. Initial Working Capital Assessment. There is hereby established an
assessment, herein referred to as the "Initial Working Capital Assessment", applicable to
each Lot or Unit owned by a Class A Member (except the Declarant if the Declarant shall
become a Class A Member) in the amount of $ per Lot or Unit which shall
become due and payable by the Class A Owner of each Lot or Unit upon first occupancy
of such Lot or Unit as a place of residence by a Class A Member. For purposes of clarity,
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the Initial Working Capital Assessment is a one-time assessment due at the closing at
which the Lot is conveyed to a Class A Member for the purpose of construction of a
residential dwelling by the Class A Member or any Builder, or at which the completed Unit
is conveyed to a Class A Member for use as a residence, whether occupied or not. No
further Initial Working Capital Assessment shall be due for any subsequent transfer of
ownership of any Unit from one Class A Member to a successor Class A Member.
Section 6.9. Notice and Quorum Requirements. Written notice of any proposed
action to be taken pursuant to Subsection 6.6.3 or Section 6.7 shall be delivered to each
Member at least 30 days in advance of (1) any meeting at which such matter is to be
discussed or (2) any action which is to be taken by written approval of the Members in lieu
of a meeting. The notice shall state the purpose of the meeting or proposed written
approval and shall contain a written description of the of the proposed assessment. The
notice shall also contain a copy of a proxy that can be cast in lieu of attendance at the
meeting. If the Association has, or is planned to have, 250 Members or less - th~ quorum
for any such meeting shall be no less than 20% of the total number of votes. If the
Association has, or is planned to have, more than 250 Members but less than 1000 Members
- the quorum for any such meeting shall be no less than 10% of the total number of votes.
If the Association has, or is planned to have, more than 1000 Members - the quorum for
any such meeting shall be no less than 5% of the total number of votes. The foregoing
requirements are minimum requirements, however, more stringent requirements imposed
elsewhere in this Declaration, or pursuant to applicable laws or regulations shall supersede
the requirements contained in this Section and the Association shall be bound by such more
restrictive requirements as if fully reproduced herein.
Section 6.10. Date of Commencement of Annual Assessments; Due Dates. The
Annual Assessments provided for herein shall commence as to each Lot or Unit on the first
day of the month next following the month in which the Lot or Unit is subjected to the
terms and conditions of this Declaration by recordation of this Declaration or any
Supplemental Declaration annexing Lots or Units into the Association, or on the date the
Association Articles of Incorporation are filed with the Secretary of State of Florida,
whichever occurs later. The dates when such Annual Assessments shall become due shall
be established by duly adopted resolution of the Board. The Annual Assessment shall be
adjusted according to the numb~r of days remaining in the fiscal year at the time
assessments commence on the Unit. The Association may delegate to a mortgage
company, financial institution or management company responsibility for collection of
assessments with the express written consent and agreement of such financial institution
or management company. The Annual Assessments shall be payable in advance in
monthly installments, or in annual, semi-annual or quarter-annual installments if so
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determined by the Board of Directors of the Association (absent which determination they
shall be payable monthly).
Section 6.11. Records of Payment. The Board shall prepare a roster of Owners and
Annual Assessments and Special Assessments applicable thereto which shall be kept in the
office of the Association and shall be open to inspection by any Owner at reasonable times
with reasonable notice. Any Owner shall have the right to request the Association to
issue a written statement signed by an officer of the Association, setting forth whether all
Annual Assessments and/ or Special Assessments owed by such Owner have been paid.
The Association shall have the right to impose a fee for the issuance of such statements not
to exceed $50.00 per statement. Requests for such statements shall be in writing addressed
to the address to which Annual Assessment payments are made. Each request shall
contain the street address and legal description (by platted lot and block) of the property
and the full name of the Owner. The Association shall issue the requested statement within
30 days after receipt of the written request, subject to the payment of any fee for such
service imposed by the Association. Such written statement issued by the Association
shall be prima fade evidence of payment of any assessment therein stated to have been paid.
Section 6.12. Effect of Non-Payment of Assessment: The Personal Obligation of
the Owner; The Lien: Remedies of Association.
6.12.1. If any assessment (e.g. any Annual Assessment, Special
Assessment or Initial Working Capital Assessment) is not paid on the date due, then such
assessment shall become delinquent and the entire 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 property which shall bind such property in the hands of the
then Owner, the Owner's heirs, devisees, personal representatives and assigns. The
obligation of the Owner to pay such assessment is a personal obligation and any
assessments that are due but remqin unpaid at the time the Owner disposes of his or her
ownership interest shall be enforceable by the Association against such person or against
such person's successor in interest to the property subject to the assessment unless such
successor in interest is a bona fide purchaser for value without notice of the assessment, or
acquires title to the property by foreclosure of a lien securing a purchase money mortgage
or home equity mortgage, or by deed or conveyance in lieu of foreclosure of such lien.
6.12.2. The Association may record a notice of lien for delinquent
assessments in the public records and foreclose the lien in the same manner as a mortgage.
The.lien shall not be valid against subsequent bona fide purchasers or mortgagees for value
unless so recorded. Upon recording, the lien shall secure the amount of delinquency stated
therein and all ,unpaid assessments due thereafter until satisfied of record, together with
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.;
interest thereon, as provided herein, and the reasonable cost of (a) notices of delinquency,
(b) demands for payment, (c) notices of liens, (d) assignment of liens, (e) releases of liens,
(f) recording costs, (g) attorney's fees, and (h) management company fees. .
6.12.3. If the assessment is not paid within thirty (30) days after the
due date it shall bear interest from the date of delinquency at the rate of eighteen percent
(18%) per annum. The Association may bring an action at law against the Owner
personally obligated to pay the same for collection of the amounts due, or an action to
foreclose the lien against the property. Suit to recover a money judgment for delinquent
amounts owed to the Association and attorney's fees and costs shall be maintainable
without foreclosing or waiving the lien securing the same. In the event that the Association
turns the account over to an attorney for collection, there shall be added to the amount due
the reasonable fees and charges of such attorney, including, but not limited to, charges for
issuing notice of legal action or demands for payment, negotiation and preparation of
settlement agreements and/ or releases, costs of preparation of legal action, court costs,
filing fees and all other expenses incurred by the Association for enforcement of its lien
and/ or collection of amounts owed.
6.12.4. In the event that the Association elects to foreclose its lien
against any Unit, the Association, acting on behalf of the Owners, .shall have the power to
bid for the Unit at foreclosure sale and to acquire and hold, lease, mortgage, and convey
the same. During the period in which a Unit is owned by the Association following
foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be
assessed or levied on it; and (c) each other Unit shall be charged, in addition to its usual
assessment, its pro rata share of the assessment that would have been charged such Unit
had it not been acquired by the Association as a result of foreclosure.
Section 6.13. Subordination of the Lien to Mortgages; Mortgagees' Rights. The
lien of the assessments pr'ovided for herein is subordinate to the lien of any purchase
money or home equity Mortgage given to an Institutional Lender now or hereafter placed
upon a Unit or Lot recorded prior to the recording of a notice of lien pursuant to Section
6.12 of this Article 6; provi.ded, 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.
Each Owner hereby authorizes and instructs the Association thatian Institutional
Lender holding a secured mortgage lien on a Unit, upon delivery of written request from
the Institutional Lender to the Association, shall be entitled to written notification from the
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Association of any default of an OWner of any obligation hereunder which is not cured
within sixty (60) days. The Association may provide such notice without receiving a
request from the Institutional Lender without further notice to the Unit Owner.. An
Institutional Lender holding a mortgage on a Unit may pay any past due assessment or
other obligation of the Unit Owner to the Association on behalf of such Owner, and, upon
request from the Institutional Lender, the Association shall assign its lien rights herein
established to such Institutional Lender.
An Institutional Lender may pay taxes or other charges which are in default and
which mayor have become a charge against any C0ITU110n Property and may pay overdue
premiums on hazard insurance policies, or secure new hazard insurance coverage on the
lapse of a policy for such Common Property and Institutional Lenders making such
payments shall be owed immediate reimbursement therefor fr9m the Association.
Section 6.14. Damage to Common Property by Owners. Any maintenance, repairs
or replacements within the Common Property arising out of or caused by the willful or
negligent act of the Owner, his family, guests or invitees shall be done at said Owner's
expense or a Special Assessment therefore shall be made against his Lot or Unit.
Section 6.15. Exempt Property. The following property subject to this Declaration
shall be exempted from all assessments, charges and liens created herein: (a) all easements,
rights-of-way or other interest dedicated and accepted by th~ local public authority and
devoted to public use; and (b) all Common Property.
Section 6.16. Irrigation System Fees. In the event that either the Declarant or the
Association installs the Irrigation System described in Article 7, Section 7.11 hereof, the
Association shall have the right to charge a fee for Irrigation Water used by the Owners,
which fee shall be in addition to, and separate from the Annual and Special Assessments
described in this Article 6. Such fee shall be established by the Board of Directors of the
Association, and shall be sufficient to cover the cost to the Association of acquiring the
Irrigation Water, plus the cost of operation and maintenance of the Irrigation System, plus
a reasonable reserve for repair or replacement of the transmission lines, pipes, valves,
pumps, controls, meters and other distribution and delivery apparahis, equipment or
fixtures that supply Irrigation Water to the Property, plus a minimum monthly reservation
or access fee applicable to those Owners who elect not to utilize the Irrigation System. The
Board shall have the right to set or adjust the Irrigation System Fees on a month-to-month
basis provided that no adjustment in the fee shall be effective until 30 days after written
notice thereof has been delivered to Owners of Lots or Units. The Associ,ation shall have
the right to enter into agreements with the other persons or entities owning adjacent lands
to supply Irrigation Water to the adjacent lands owned by such persons or entities, in
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which case, payment of the Irrigation System Fees shall be made by such users in amounts
not less than the Irrigation System Fees charged by the Association to its Members.
Irrigation System Fees may be assessed at a flat rate without consideration of usage or they
may be allocated among the Owners in proportion to their actual usage, and the
Association shall have the right to employ methods of determining the allocation of such
fees in a fair and equitable manner, including, without limitation, installation of meters,
timers, or other control devices, or allocation on the basis of area coverage. The
Association shall bear its own share of the Irrigation System Fees attributable to its usage
for irrigation of Common Properties or Common Maintenance Areas, and shall pay its fair
share of such fees from its operating funds. Irrigation System Fees may be averaged
throughout the calendar year to ameliorate changes in the fee attributable to weather
patterns or landscape needs. The Association shall send statements to the Owners or users
responsible for payment of the Irrigation System Fees at such intervals as may be
established by the Board, provided that statements shall not be sent more often than
monthly, or less often than annually. Payment shall be due within 30 days after receipt of
such statements. The Association shall have the right to impose late payment fees and
interest charges on payments that are more than 30 days past due, which fees and charges
shall be established by the Board and disclosed to the Owners and users responsible for
payment. All amounts due hereunder shall be secured by the right of the Association to
impose a lien against the property of an Owner whose payment is delinquent as set forth
in this Article 6.
ARTICLE 7
TITLE TO COMMON AREAS; ACCEPTANCE AND MAINTENANCE OF
COMMON PROPERTIES
Section 7.1. Construction and Ownership of Common Property Improvements.
It is anticipated that Declarant will designate certain portions of the Property to be
Common Property or Common Area (collectively referred to in this Article 7 as the
"Common Properties") that will be improved or developed in phases in association with
the development and annexation of the additional property. Declarant may elect to
construct or install certain improvements or facilities upon portions of the Common
Properties, bubs not obligated to do so. Declarant shall have the absolute right and power
to determine what improvements or facilities, if any, it will install or construct on the
Common Properties at all times prior to conveying such Common Properties to the
Association, and within two (2) years thereafter. All lands designated by the Declarant as
Common Properties shall be conveyed to, and title shall be held by, the Association,
together with all improvements or facilities constructed or installed thereon.
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Section 7.2. Acceptance of Common Properties. Within thirty (30) days after
receipt of written notice from the Declarant informing the Association that Declarant has
completed construction or installation of improvements upon any portion of COrrlrnon
Properties, the President of the Association, or in the absence of the President, any Vice
President of the Association, together with a duly authorized representative of the
Declarant, shall conduct a thorough inspection of the improvements or facilities, and shall
report in writing any incomplete or defective conditions. The Association shall have the
right to engage the service of a professional engineer, or other qualified inspector, to assist
with the inspection and preparation of the written report. Upon completion or correction
of any incomplete or defective conditions by Declarant, and re-inspection and approval by
the President (or Vice President, as the case may be), or, in the event that the Declarant and
the representative of the Association disagree about the completion or correction of
allegedly incomplete or defective conditions, upon written certification of completion by
a licensed engineer or architect engaged by the Declarant, Declarant shall convey all of its
right, title and interest in and to the Common Properties in question, including the
improvements or facilities, to the Association free and clear of all liens, claims or expenses
arising from the construction or installation of improvements on the Common Properties
by Declarant, and the Association shall accept and acknowlE:idge the deed of conveyance,
and/ or the certificate of completion, and shall thereafter own all right, title and interest in
the Common Properties and improvements or facilities then conveyed.
Section 7.3. Maintenance of the Common Properties. The Association shall own,
operate and maintain all Common Properties and the improvements or facilities
constructed or installed thereon in first class condition, subject to normal wear and tear,
depreciation, and the elements. Maintenance of the Common Properties shall include
periodic inspection and preventive maintenance for the improvements and facilities
thereon.
Section 7.4. Inspections of the Common Properties by Declarant. Declarant
hereby reserves the right, at all times after conveyance of the Common Properties to the
Association, to enter the Common Properties, without prior notice, and to inspect the
condition of the improvements and facilities thereo'n. If Declarant determines, in its sole
judgement, that the improvements or facilities are in need of repair or maintenance, it may
so notify the Association in writing, and it shall be the sole obligation of the Association
owning such Common Properties to promptly complete such repairs or maintenance.
Failure of the Association to properly maintain and repair the Common Properties shall
relieve the Declarant of any liability to the Association or to any Member for any condition
of the Common Properties. Declarant shall have the right to make ,a record of its
inspections by photographing and/ or videotaping the Common Properties, and shall have
the right to perform tests or examinations to determine the condition of the Common
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Properties, provided that Declarant shall indemnify the Association from any claims for
personal injury, death, property damage or non-payment asserted by persons claiming by,
through or under the Declarant for injury, death or damage occurring as a result o{such
examinations or tests. Notwithstanding the foregoing, Declarant shall have no obligation
to perform inspections of the Common Properties owned by the Association. The deeds
conveying the Common Properties to the Association may contain a recitation of this
reservation, however failure ta recite such reservation in such deeds shall not affect the
rights of Declarant herein reserved.
Section 7.5. Maintenance and Repair Records. The Association shall keep records
of maintenance and repairs performed on the Common Properties, and such records shall
be made available to the Declarant and to any Member upon written request. Failure of
the Association to maintain appropriate records of maintenance and repairs shall be
conclusive evidence that such maintenance and repairs were not performed.
Section 7.6. Operation, Maintenance and Monitoring of Drainage Facilities. The
Association shall maintain, as part of the common elements, drainage structures for the
properties and comply with conditions of the permits from the St. Johns River Water
Management District ("SJRWMD") for the drainage system. The Association, shall, when
requested by Declarant, accept transfer of the SJRWMD permit identified as Number
far the Wagner Station property and shall be designated
as the "permittee" thereof. The conditions of the permits include monitoring and record
keeping schedules, and maintenance. The drainage facilities and improvements, including
without limitation, the retention/ de"tention ponds, underground pipes, inlets and outfall
structures, if any, shall be collectively referred to herein as the "Surface Water and Storm
Water Management System". The following additional conditions shall apply:
a. The Association shall hold and save the SJRWMD harmless from any and all
damages, claims, or liabilities which may arise by reason of the operation,
maintenance or use of any facility authorized by the permit.
b. The Association shall at all times properly operate and maintain the systems
of treahnent and control ( and related appurtenances) that are installed or used to
achieve 'compliance with conditions of the permit, as required by the SJRWMD.
This provision includes the operation of backup or auxiliary facilities or similar
systems when necessary to achieve compliance with the conditions of the permit
and when required by SJRWMD rules.
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;,
c. The Association, specifically agrees to allow authorized SJRWMD personnel,
upon presentation of credentials or other documents as may be required by law,
access to the Common Maintenance Area premises, at all reasonable times, where
the permitted activity is located or conducted; for the purposes of inspection and.
testing to determine compliance with the permit and SJRWMD regulations, such as:
1. Having access to and copying any records that must be kept under the
conditions of the permit; and
2. Inspecting the facility, equipment, practices, or operations regulated.
or required under the permit; and
3. Sampling or monitoring any substances or parameters at any location
reasonably necessary to assure compliance with the permit or SJRWMD.
rules; and
4. Gathering of data and information.
Reasonable time may depend on the nature of the concern being investigated.
d. Establishment and survival of littoral areas provided for storm water quality
treatment in wet detention systems shall be assured by proper and continuing
maintenance procedures designed to promote viable wetlands plant growth of
natural diversity and character. Following as-built approval, perpetual maintenance
shall be provided for the permitted system.
e. The Association shall submit inspection reports in the form required by
SJRMWD, in accordance with the following schedule unless specified otherwise
here or in permit application:
1. For systems utilizing effluent filtration or exfiltration, the inspection
shall be performed eighteen (18) months after operation is authorized and
every eighteen (18) months thereafter.
2. For systems utilizing retention and wet detention, the inspections shall
be performed two (2) years after operation is authorized and every two (2)
years thereafter.
f. It shall be the responsibility of each Lot Owner within the subdivision at the
time of .construction of a building, residence, or structure, to comply with the
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construction plans for the surface water management system pursuant to Chapter
40D-4, F.A.C., approved an~ on file with the SJRWMD.
g. It is the Lot Owner's responsibility not the remove native vegetation
(including cattails) that become established within the wet detention ponds abutting
their property. Removal includes dredging, the application of herbicide, and
cutting. Lot Owners should address any question regarding authorized
activities within any wet detention pond to SJRWMD, Surface Water Permitting
Department.
h. No Owner of a Lot within the subdivision may construct or maintain any
building; residence, or structure, or undertake or perform any activity in the
wetlands, buffer areas, and upland conservation areas described in the approved
permit and recorded Plat of the subdivision, unless prior approval is received from
the SJRWMD pursuant to Chapter 40D-4, F.A.C.
Section 7.7. Effect of Dissolution. In the event of the termination, dissolution or
final liquidation of the Association, the responsibility for the operation and maintenance
of the Surface Water and Storm Water Management System must be transferred to and
accepted by an entity which would comply with Section 40C-42.027, Florida Administrative
Code, and be approved by the SJRWMD prior to such termination, dissolution or
liquidation.
Section 7.8. Special Amendments Relating to Surface Water and Storm Water
Management System. Any amendment to this Declaration which alters the Surface Water
and Storm Water Management System, beyond maintenance in its original condition,
including the water management portions of the Common Properties, must have the prior
written approval of the S]RWMD. This section may not be amended without the consent
of such District.
Section 7.9. Shared Facilities. It is expected that certain portions of the Surface
Water and Storm Water Management System will serve the drainage needs of adjacent
lands not owned by Declarant and not within the Properties subject to this Declaration.
Declarant reserves the right to grant such qrainage and/ or use easements and rights as
Declarant may deem necessary or appropriate for accomplishing the drainage needs of the
Properties and/ or lands owned by others provided that such agreements shall not
unreasonably interfere with the use of the system by the Owners or unreasonably increase
the cost of maintenance of the system by the Association.
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Section 7.10. Water Levels in Retention Ponds; Flooding. The Surface Water and
Storm Water Management System is designed to provide drainage for the Properties.
Neither the Association nor the Declarant shall have any liability whatsoever to any Owner
for claims or damages alleged by an Owner due to water levels in the lakes and/or
retention ponds, if any, being below normal or otherwise unacceptable to the Owner.
Recreational use and aesthetic appearance of the retention ponds is secondary to their
intended drainage function, and during periods of prolonged drought or other unusual
weather events water levels in the retention ponds may recede, and neither the Association
nor the Declarant shall have any liability for such conditions. Provided that the Surface
Water and Storm Water Management System is constructed in substantial compliance with
the plans and specifications therefor approved by the appropriate governmental
authorities, neither the Declarant, nor the Association nor any governmental authority shall
be liable to the Association or any Owner for damage caused by flooding, and each Owner
acknowledges and agrees that as long as the Declarant and the Association have acted in
good faith in reLiance on reasonable engineering criteria approved by the governmental
authorities in the design and construction of the Surface Water and Storm Water
Management System, they shall not be liable for damages sustained by any Owner caused
by weather events not taken into consideration in the design or construction of such system
and facilities.
Section 7.11. Common Irrigation System. The Declarant or the Association shall
have the right, but not the obligation, to construct, install, operate and maintain a master
irrigation system (herein referred to as the "Irrigation System") for the delivery of
Irrigation Water (herein defined) to the Property, together with the right to modify, extend
or improve the transmission lines, pipes, valves, pumps, controls, meters and other
distribution and delivery apparatus, equipmen~ or fixtures that supply Irrigation Water to
the Property. If installed by Declarant, the Irrigation System shall be subject to the
provisions of this Article 7 regarding conveyance of Common Property to the Association
including the provisions concerning operation, maintenance, repair and inspection.
7.11.1. The Irrigation System shall include all transmission lines, pipes, valves,
pumps, controls, meters and other distribution and delivery apparatus, equipment or
fixtures that supply Irrigation Water located on the Common Property or within an
easement or right-of-way from the point of connection of the Irrigation System with the
source of supply through the points of delivery of Irrigation Water to its users.
7.11.2. Owners shall be exclusively responsible for installing and maintaining
any irrigation systems on their Lots from the point of attachment to the Irrigation System.
If meters are installed, the point of attachment to the Irrigation System shall be on the
Owner's side of the meter. If meters are not installed, the point of attachment to the
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,>
Irrigation System shall be on the Owner's side of a shut-off valve attaching the Owner's
irrigation system to the Irrigation System. The Association shall be responsible for leaks
or malfunctions occurring within the Irrigation System, and each Owner shall be
responsible for leaks or malfunctions occurring on the Owner's side of the point of
attachment to the Irrigation System.
7.11.3. The Declarant or the Association shall have the right to determine the
locations and services to be supplied by the Irrigation System, and all Owners of Lots that
are supplied with a point of attachment to the Irrigation System shall be obligated to pay
the Irrigation Fees established by the Board in accordance with Article 6, whether such
Owner elects to use Irrigation Water or not. Owners who elect not to use Irrigation Water
shall be obligated to pay the reservation or access fee, maintenance, operation and reserve
cost portions of the Irrigation System Fees.
7.11.4. Neither the Association, nor any Owner shall install or operate any
irrigation system, apparatus or device that does not receive Irrigation Water from the
Irrigation System. Water may not be drawn from any lake or retention pond for irrigation
purposes unless approved by the ACe. No water wells shall be permitted on any Lot, Unit
or Common Property, except those wells belonging to the governmental authorities. If the
Association provides irrigation services through an Irrigation System, no Owner may
connect any irrigation system on the Owner's property to any source except the Irrigation
System unless approved by the ACe.
7.11.5. The Association shall have the right to establish rules and regulations
governing the usage of Irrigation Water, including without limitation, restrictions on the
amounts, times and frequency of use.
7.11.6. The Association shall have the right to employ such personnel,
machinery, equipment and vehicles as the Board of Directors shall deem appropriate for
the operation ar:d maintenance of the Irrigation System, and! or to enter into agreements
with contractors for the provision of such services.
7.11.7. The Association shall have the right to enter into or assume the
obligation of Declarant under any agreements authorized by approval of the Board of
Directors with suppliers of Irriga~ion Water. Water introduced into the Irrigation System
shall be referred to as "Irrigation Water", and may be obtained from sources such as so-
~alled "re-use waterll or "gray water" suppliers, and is intended strictly for irrigation use,
and not for human consumption, drinking or bathing.
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..
Section 7.12. Condemnation. In the event of condemnation or a sale in lieu thereof
of all or any portion of the Common Areas, the funds payable with respect thereto shall be
payable to the Association and sheill be used by the Association to purchase additIonal
Common Areas to replace that which has been condemned or to take whatever steps it
deems reasonably necessary to repair or correct any damage suffered as a result of the
condemnation. In the event that the Board of Directors of the Association determines that
the funds cannot be used in such a manner due to the lack of available land for additional
Common Areas or for whatever reason, any remaining funds may be distributed to the
Owners on a pro rata basis.
ARTICLE 8
ARCHITECTURAL REVIEW
Section 8.1: Architectural Control Committee. A committee to be known as the
Architectural Control Committee (the "ACC") shall be established consisting of three (3)
persons who need not be members of the Association.
a. The committee members of the ACC shall be appointed, terminated
and/ or replaced by the Declarant so long as there is Class B membership.
Thereafter the committee members of the ACC shall be appointed, terminated
and/ or replaced by the Board of Directors. The persons appointed to the ACC are
b. The purpose of the ACC is to enforce the architectural standards of the
community and to approve or disapprove plans for improvements proposed for the
Lots.
c. The ACC shall act by simple majority vote, and shall have the
authority to delegate its duties or to retain the services of a professional engineer,
architect, designer, inspector or other person to assist in the performance of its
duties.
Section 8.2. . Scope of Review. No building, fence, wall, outbuilding, landscaping,
pool, athletic facility or other structure or improvement shall be erected, altered, added
onto or repaired upon any portion of the Property without the prior written consent of the
ACC, provided however. that improvements erected, altered, added onto or repaired by
Declarant shall be exempt from the provisions of this Article 8.
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Section 8.3. Submission of Plans. Prior to the initiation of construction upon any
Lot, the Owner thereof shall first submit to the ACC a complete set of plans and
specifications for the proposed improvements, including site plans, grading plans,
landscape plans, floor plans depicting room sizes and layouts, exterior elevations,
specifications of materials and exterior colors, and any other information deemed necessary
by the ACC for the performance of its function. In addition, the Owner shall submit the
identity of the individual or company intended to perform the work and projected
commencement and completion dates.
Section 8.4. Plan Review. Upon receipt by the ACC of all of the information
required by this Article 8, it shall have twenty-one (21) days in which to review said plans.
The proposed improvements will be approved if, in the sole opinion of the ACe: (1) the
improvements will be of an architectural style and material that are compatible with the
other structures in the Property; (2) the improvements will not violate any restrictive
covenant or encroach upon any easement or cross platted building set back lines; (3) the
improvements will not result in the reduction in property value, use or enjoyment of any
of the Property; (4) the individual or company intended to perform the work is acceptable
to the ACC in the exercise of its reasonable discretion, provided however, that the right of
the ACC to consent to the individual or company selected to perform the work shall not
be used to require any Owner to retain the Declarant or its employees, agents, contractors
or affiliated companies or any Builder, nor shall such consent be deemed approval or
indorsement of the quality of work or performance of the company or individual
performing such work; and (5) the improvements will be substantially completed,
including all cleanup, within three (3) months of the date of commencement [6 months for
the construction of a complete house]. In the event that the Ace fails to issue its written
approval within twenty-one (21) days of its receipt of the last of the materials or documents
required to complete the Owner's submission, the ACes approval shall be deemed to have
been granted without further action.
Section 8.5. Non-conforming Structures. If there shall be a material deviation from
the approved plans in the completed improvements, such improvements shall be in
violation of this Article 8 to the same extent as if erected without prior approval of the
ACe. The ACe, the Association or any Owner may maintain an action at law or in equity
for the removal or correction of the non-conforming structure and, if successful, shall
recover from the Owner in violation all costs, expenses and fees incurred in the prosecution
thereof.
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Section 8.6. Immunity of Ace Members. No individual committee member of the
Ace shall have any personal liability to any Owner or any other person for the acts or
omissions of the ACC if such acts or omissions were committed in good faith and without
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malice. The Association shall defend any action brought against the ACC or any
committee member thereof arising from acts or omissions of the ACC committed in good
faith and without malice. .
Section 8.7. Address for Notice. Requests for ACe approval or correspondence
with the ACC shall be addressed to the Wagner Station Architectural Control Committee
and mailed or delivered to the principal office of Centex Homes at 151 Southhall Lane,
Suite 230, Maitland, Florida, 32751-7190, or such other address as may be designated from
time to time by the ACe. No correspondence or request for approval shall be deemed to
have been received until actually received by the ACC in form satisfactory to the ACe.
ARTICLE 9
EASEMENTS
Section 9.1. Utility Easements. As long as Class B membership shall be in effect,
the Declarant hereby reserves the right to grant perpetual, nonexclusive easements for the
benefit of Declarant or its designees, upon, across, over, through and under any portion of
the Common Area for ingress, egress, installation; replacement, repair, maintenance, use
and operation of all utility and service lines and service systems, public and private,
including, without limitation, cable television. Declarant, for itself and its designees,
reserves the right to retain title to any and all pipes, lines, cables or other improvements
installed on or in such easements. Upon cessation of Class B membership, the Association
shall have the right to grant the easements described herein.
Section 9.2. Declarant's Easement to Correct Drainage. Declarant hereby reserves
for the benefit of Declarant and any Builder a blanket easement on, over and under the
ground within the Property to maintain and correct drainage of surface waters and other
erosion controls in order to maintain reasonable standards of health, safety and appearance
and shall be entitled to remove trees or vegetation, without liability for replacement or
damages, as may be necessary to provide adequate drainage for any Lot. Notwithstanding
the foregoing, nothing herein shall be interpreted to impose any duty upon Declarant or
any Builder to correct or maintain any drainage improvements within the Property.
Section 9.3. Easement for Unintentional Encroachment. The Declarant hereby
reserves an exclusive easement for the unintentional encroaclunent by any structure upon
the Common Area caused by or resulting from, construction, repair, shifting, settlement
or movement of any portion of the Property, which exclusive easement shall exist at all
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times during the continuance of such encroachment as an easement appurtenant to the
encroaching Property to the extent of such encroachment.
Section 9.4. Entry Easement. In the event that the Owner fails to maintain the Lot
as required herein, or in the event of emergency, the Association shall have the right to
enter upon the Lot to make emergency repairs and to do other work reasonably necessary
for the proper maintenance and operation of the Property. Entry upon the Lot as provided
herein shall not be deemed a trespass, and the Association shall not be liable for any
damage so created unless such damage is caused by the Association's willful misconduct
or gross negligence.
Section 9.5. Drainage Easements. Easements for installation and maintenance of
utilities, storm water retention/ detention ponds, and/ or conservation areas are reserved
as may be shown on any recorded Plat. Within these easement areas, no structure,
landscaping or other material shallbe placed or permitted to remain which may damage
or interfere with the installation and maintenance of utilities, or which may hinder or
change the direction of flow of drainage channels or slopes in the easements. The easement
area of each Lot and all improvements contained therein shall be maintained continuously
by the Owner of the Lot, except for those improvements for which a public authority,
utility company or the Association is responsible.
Section 9.6. Temporary Completion Easement. All Lots shall be subject to an
easement of ingress and egress for the benefit of the Declarant, its employees,
subcontractors, successors and assigns, over and upon the front, side and rear yards of the
Lots as may be expedient or necessary for the construction, servicing and completion of
dwellings and landscaping upon adjacent Lots, provided that such easement shall
terminate 24 months after the date such Lot is conveyed to the Owner by the Declarant.
Section 9.7. Community WalL Fence, Signage and Landscape Easement. An
easement is hereby created for the ~se and benefit of the Association and the Declarant for
the erection and maintenance of a wall or fence, and the installation of landscaping and the
erection of signs over, across and upon an area ten (10) feet wide adjacent to the rear
property line boundaries of Lots ; together with an area seven and
one-half (7.5) feet wide adjacent to the east property line boundaries of
Lots ; together with an area seven and one-half (7.5) feet wide adjacent to
the west property line boundary of Lot ; together with an area five (5) feet wide
adjacent to the southwest property line boundary of Lot commencing at the
intersection of the point of curvature of said southwest boundary with the south boundary
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of Lot and following the curvature of the southwest boundary of Lot
to a point ten (10) feet north of the intersection of the point of curvature of the southwest
boundary with the west boundary of Lot ; together with an area five (5) feet wide
adjacent to the southeast property line boundary of Lot commencing at the
intersection of the point of curvature of said southeast boundary with the sbuth boundary
of Lot and following the curvature of the southeast boundary of Lot to a
point ten (10) feet north of the intersection of the point of curvature of the southeast
boundary with the east boundary of Lot , as depicted on the recorded subdivision
Plat. The Declarant and/ or the Association shall have the right to install, erect, construct,
operate and maintain within such easement, a fence or wall, sidewalks, paths, landscaping,
irrigation systems, signs, lighting and other improvements, subject to the requirements and
limitations of ordinances or regulations of the governmental authorities. All improvements
permanently installed in such easement by Declarant or the Association shall be and
remain the property of the Association, and the Association shall operate and maintain all
such permanent improvements as part of the Common Maintenance Property of the
Association as a common expense. No Owner shall unreasonably inhibit access by the
Association or the Declarant for inspection or maintenance of the wall, fence or other
improvements in the easement, and no Owner shall erect or install any permanent
improvement within the easement area without the prior written consent of the Declarant
as long as the Declarant retains Class IIBII membership status, or by the Association
thereafter, and such approval shall not be unreasonably withheld provided that the
proposed improvements are approved by the Architectural Control Committee, and do not
materially affect the use of the easement by the Association or Declarant. In those areas
where the easement described herein affects easements for utilities or drainage, this
easement, and the rights of the Declarant, Association and Owners, as herein described,
shall be subordinate to the easements for utilities or drainage, and nothing set forth in this
Section 9.7 shall limit or affect the rights of the beneficiaries of easements for utilities or
drainage, nor shall the Association, the Declarant or any Owner, by virtue of this Section,
have any right to erect any improvement, temporary or permanent, within the easement
in violation of the rights of the beneficiaries of utility or drainage easements. All
improvements installed in the easement that are designed, constructed and intended to
remain indefinitely are deemed to be permanent improvements for the purposes of this
easement. Declarant's marketing signs and paraphernalia intended to remain only as long
as Declarant continues to market new homes in the Properties, are not deemed to be
permanent improvements, and shall be erected, maintained and removed by Declarant at
its sole expense, and shall not be or become the property of the Associatjon.
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ARTICLE 10
USE AND OCCUPANCY
All Lots and dwellings shall be used and occupied for single family residence
purposes only. No Lot or dwelling may be used for commercial, institutional or other
non-residential purpose if such use involves the attendance or entry of non-residents upon
the Lot or otherwise diminishes the residential character of the Lot or neighborhood. This
prohibition shall not apply to (1) "garage sales" conducted with the prior written consent
of the Association provided that no Owner shall conduct more than one (1) garage sale of
no more than two (2) days duration during any six (6) month period or, (2) the use of any
Unit by Declarant or any Builder as a model home or sales office, or the use of any Lot as
a site for a construction office trailer or sales office trailer by Declarant or any Builder. The
living area of each Unit, exclusive of garages, porches, patios and other areas not designed
for human habitation, shall be 120p square feet or larger measured to the outside of the
exterior walls.
ARTICLE 11
PROPERTY RIGHTS
Section 11.1. Owners' Easements of Enjoyment. Every Owner shall have a right
and easement in and to the Common Areas and a right and easement of ingress and egress
to, from and through said Common Areas, and such easement shall be appurtenant to and
shall pass with the title to every Lot, subject to the following provisions:
a. The right of the Association to establish and publish rules and
regulations governing the use of the COlmon Areas affecting the welfare of
Association members.
b. The right of the AssoCiation to suspend the right of use of the
Common Areas of an Owner for any period during which any assessment against
his Lot remains unpaid; and for a period not to exceed sixty (60) days for any
infraction of its published rules and regulations.
c. The right of the Association, subject to the prov!sions hereof, to
dedicate or transfer all or any part of the Common Areas, if any, to any public
agency, a~thority or utility for such purposes and subject to such conditions as may
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be agreed to by the Owners. No such dedication or transfer shall be effective unless
an instrument signed by Owners entitled to cast two-thirds (2/3) of the votes of
each class of membership has been recorded agreeing to such dedication or transfer.
d. All easements herein described are easements appurtenant to and
runn~ng with the land; they shall at all times inure to the benefit of and be binding
upon the undersigned, all of their grantees, and their respective heirs, successors,
personal representatives and assigns, perpetually and in full force.
Section 11.2. Effect of Declaration. Reference in any deed, mortgage, trust deed
or any other recorded documents to the easements, restrictions and covenants herein
described or to this Declaration shall be sufficient to create and reserve such easements and
covenants to the respective grantees, mortgagees, or trustees of said parcels as fully and
completely as if those easements, restrictions and covenants were fully related and set forth
in their entirety in said documents.
Sectionl1.3. Rezoning Prohibited. No Lot shall be rezoned to any classification
allowing commercial, institutional or other non-residential use without the express consent
of the Association and Declarant, which may be withheld in Declarant's sole discretion.
Declarant or the Association may enforce this covenant by obtaining an injunction against
any unapproved rezoning at the expense of the enjoined party.
Section 11.4. Lot Consolidation. Any Owner owning two or more adjoining Lots
or portions of two or more such Lots may, with the prior approval of the ACe, consolidate
such Lots or portions thereof into a single building site for the purpose of constructing one
residence and such other improvements as are permitted herein, provided however, that
no such building site shall contain less than square feet of land for an
interior Lot and square feet of land for a corner Lot and that the
Lot resulting from such consolidation shall bear, and the Owner thereof shall be
responsible for, all assessments theretofore applicable to the Lots which are consolidated
and each such building site shall meet all lawful requirements of any applicable statute,
ordinance or regulation.
ARTICLE 12
USE RESTRICTIONS
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Section 12.1. Nuisances. No noxious or offensive activity shall be carried on upon
any Lot, nor shall anything be done thereon which may be or may become an annoyance
or nuisance to the neighborhood.
Section 12.2. Development Activity. Notwithstanding any other provision herein,
Declarant and its successors and assigns, including Builders, shall be entitled to conduct
on the Property all activities normally associated with and convenient to the development
of the Property and the construction and sale of dwelling units on the Property.
Section 12.3. Temporary Structures. No structure of a temporary character,
including, without limiting the generality thereof, any trailer, tent, shack, garage, barn,
motor home or mobile home or other outbuilding, and no prefabricated or relocated
structure shall be used on any Lot at any time as a residence, either temporarily or
permanently. This restriction shall not be interpreted to limit the right of Declarant or any
Builder to use trailers or outbuildings as sales offices, construction offices or material
storage facilities.
Section 12.4. Signs. No sign or emblem of any kind may be kept or placed upon
any Lot or mounted, painted or attached to any Unit, fence orother improvement upon
such Lot so as to be visible from public view or mounted on any vehicle or trailer parked
or driven in the Property or carried by any person or by any other means displayed within
the Property except the following:
a. Address Signs. An Owner may display an address sign or marker in
the form and style first installed by the Declarant or Builder of the
Unit, or in such other form or style approved by the ACC pursuant to
Article 8.
b. For Sale Signs. An Owner may erect one (1) sign not exceeding 2' x
31 in area, fastened only.to a stake in the ground and extending not
more than three (3) feet above the surface of the ground advertising
the property for sale.
c. Declarant's Signs. Signs or billboards may be erected by the
Declarant or any Builder.
d. Political Signs. Political signs may be erected upon a Lot by the
Owner of such Lot advocating the election of one or more political
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candidates or the sponsorship of a poiitical party, issue or proposal
provided that such signs shall not be erected more than ninety (90)
days in advance of the election to which they pertain and are removed
within fifteen (15) days after the election.
Section 12.5. Campers. Boats and Recreational Vehicles. No campers, boats, boat
trailers, recreational vehicles and other types of non-passenger vehicles, equipment,
implements or accessories may be kept on any Lot unless the same are fully enclosed
within the garage located on such Lot and/ or said vehicles and accessories are screened
from view by a screening structure or fencing approved by the ACe, and said vehicles and
accessories are in an operable condition. The ACe, as designated in this Declaration, shall
have the absolute authority to determine from time to time whether a vehicle and/ or
accessory is operable and adequately screened from public view. Upon an adverse
determination by said ACC, the vehicle and/ or accessory shall be removed and/ or
otherwise brought into compliance with this paragraph. No dismantling or assembling of
motor vehicles, boats, trailers, recreational vehicles, or other machinery or equipment shall
be permitted in any driveway or yard adjacent toa street. No commercial vehicle bearing
commercial insignia or names shall be parked on any Lot except within an enclosed
structure or a screened area which prevents such vievv thereof from adjacent lots and
streets, unless such vehicle is temporarily parked for the purpose of serving such Lot.
Section 12.6. Pets. Livestock and Poultry. No animals, livestock or poultry of any
kind shall be raised, bred or kept on any Lot, except for cats, dogs or other generally
recognized household pets of a reasonable number, provided that they are not kept, bred,
or maintained for any commercial purpose; and provided further, than no more than four
(4) adult animals may be kept on a single Lot. All such animals shall be kept in strict
acc<:>rdance with all local laws and ordinances (including leash laws) and in accordance
with all rules established by the Wagner Station Homeowners Association.
Section 12.7. Garbage and Refuse Disposal. No Lot shall be used or maintained
as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except
in sanitary containers. All equipment and containers for the storage or disposal of such
material shall be kept in a clean and sanitary condition. No cans, bags, containers or
receptacles for the storing or disposal of trash, garbage, refuse, rubble, or debris shall be
stored, kept, placed or maintained on any Lot where visible from any street except solely
on a day designated for removal of garbage and rubbish and on which,days only, such
cans, bags, containers, and receptacles may be placed in front of a residence and beside a
street for removal but shall be removed from view before the following day.
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Section 12.8. Sight Distance at Intersections. No fence, walt hedge or shrub
planting which obstructs sight lines at elevations between three (3) and ten (10) feet above
the roadways shall be placed or permitted to remain on any corner Lot within the
triangular area formed by the street property lines and in a line connecting them at points
thirty-five (35) feet from the intersection of the street lines, or in the case of a rounded
property corner, from the intersection of the street property lines extended. The same sight
line limitations shall apply on any Lot within ten (10) feet from the intersection of a street
property line with the edge of a driveway or alley pavement. No tree shall be permitted
to remain within such distances of such intersections unless the foliage line is maintained
at sufficient height to prevent obstruction of such sight lines.
Section 12.9. Parking. No vehicles, trailers, implements or apparatus may be
driven or parked in the Common Maintenance Areas or on any easement (except areas
intended for vehicular access) unless in use for maintaining such Common Maintenance
Areas.
Section 12.10. Commercial or Institutional Use. No Lot, and no building erected
or maintained on any Lot shall be used for manufacturing, industrial, business,
commercial, institutional or other non-residential purposes, except for construction offices,
model homes and sales offices as set forth in this Declaration or in the Articles of
Incorporation Or Bylaws of the Association.
Section 12.11. Detached Buildings. No detached accessory buildings, including,
but not limited to, detached garages and storage buildings, shall be erected, placed or
constructed upon any Lot without the prior consent of the ACe. Every outbuilding,
inclusive of such structures as a storage building, greenhouse or children's playhouse shall
be compatible with the dwelling to which it is appurtenant in terms of its design and
material composition. In no instance shall an outbuilding exceed one (1) story in height or
have total floor area in excess of ten percent (10%) of the floor area of the maiD dwelling.
Section 12.12. Fences. No fence, wall or hedge shall be erected or maintained on
any Lot nearer to the street than the building setback lines for the front yard, except for
fences erected in conjunction with model homes or sales offices. Except as may be
necessary to maintain the sight distances required by Section 12.8, side yard fences on
corner Lots must be erected inside the side street setback line of the Lot. All fences shall
be constructed of wood at masonry except for retaining walls installed ,by Declarant or
retaining walls or decorative walls approved by the ACe. All fences shall be of uniform
height except sales office or model home fences. No chain-link metal cloth or agricultural
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fences may be built or maintained on any Lot. Unless otherwise agreed between Owners,
side and rear yard fences that separate adjacent lots shall be owned and maintained by the
Owner on whose Lot the fence exists, or if the location is indefinite, such fence will be
maintained by the Owners whose Lots are involved jointly with expenses being shared
equally.
Section 12.13. Landscaping. Decorative ground cover rock in the front and side
yard may not exceed ten (10) percent of the total area of the front and side yard. Lawns
must be properly maintained (not to exceed six (6) inches in height).
Section 12.14. Television and Radio Receiving Devices. No exterior radio or
television antenna, satellite dish, microwave antenna or other antenna or device for
sending or receiving television or radio signals may be erected or maintained on the
exterior of any Unit in the Properties in such a manner as to be visible to an observer from
the street in front of the Unit. Television and/ or radio receiving devices may be erected
on the exterior of a Unit in a location that does not allow them to be visible to an observer
from the street in front of the Unit if such devices are approved for installation by the ACC,
provided however, that satellite receiving dishes in excess of 39 inches in diameter shall
be prohibited on all Lots. Notwithstanding the foregoing, the Board of Directors of the
Association shall have the authority to establish size limitations for television and radio
receiving devices that do not have a material effect upon the appearance of the Unit which
devices may be approved for use in areas that are visible to an observer from the street if
advances in technology create devices that are unobtrusive and do not materially affect the
. appearance of the Unit. By acceptance of a deed to a Unit within the Properties, each
Owner agrees that this restrictive covenant is a reasonable limitation on the Owners' ability
to receive television and/ or radio transmissions, and (1) does not unreasonably delay or
prevent installation, maintenance or use of television or radio receiving devices, (2) does
not unreasonably increase the cost of installation, maintenance or use of television or radio
receiving devices, (3) does not preclude reception of an acceptable quality television or
radio signal, and (4) does 'not impose an unnecessary burden, expense or delay on any
Owner. Each Owner covenants with Declarant and every other Owner that the rights of
the Association and all other Owners of Units in the Properties in the protection of
property valuesand the architectural character and aesthetics of the Properties supersedes
and takes precedence over the interests of each individual Owner in the placement of
television and radio receiving devices, and that the limitations established in this
Declaration provide each Owner reasonable alternatives for receiving quality television
and radio signals without the necessity of erecting receiving devices in 16cations that are
visible to observers from the street in front of the Unit or otherwise materially affect the
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appearance of the Unit. Therefore; each Owner agrees to be bound by this limitation and
waives the benefits of any contrary rule or regulation promulgated by the Federal
Communications Commission or other governmental body or agency.
Section 12.15. Exterior Finish. All exterior walls of all dwellings, garages and
approved accessory buildings shall be completely finished with wood, stucco, brick, stone,
paneling or other material acceptable to the ACe. No unpainted concrete block surfaces
shall be visible on any exterior wall. The first floor exterior walls of the main residence
building constructed on any Lot shall be composed of at least % masomy or
masonry veneer '(including stucco), said .percentage to apply to the aggregate area of all
first floor exterior walls, excluding windows, doors or other openings and gable ends. The
minimum masonry requirement specified shall apply to the lower floor only for a two-
story dwelling. Masomy or masonry veneer includes stucco, ceramic tile, clay, brick, rock
and all other materials commonly referred to in the Seminole County, Florida area as
masonry. Notwithstanding the foregoing, the ACC is empower~d to waive this restriction
if, in its sole discretion, such waiver is advisable in order to accommodate a unique or
advanced building concept, design, or material, and the resulting structure will not detract
from the general appearance of the neighborhood.
Section 12.16. Chimneys. All fireplace flues shall be completely enclosed and
concealed from public view in finished chimneys of materials architecturally compatible
with the principal finish material of the exterior walls of the dwelling or otherwise
approved by the ACe.
Section 12.17. Clothes Hanging Devices. Clothes hanging devices exterior to a
dwelling shall not exceed six (6) feet in height and shall not be placed nearer to any street
abutting the Lot than the side yard setback line or the back of the Unit constructed on the
Lot. Clothes hanging devices shall be screened from public view by a fence approved by
the ACe. Such fence shall be erected by the Owner before any clothes hanging device is
erected.
Section 12.18. Window Treatment. No aluminum foil, reflective film or similar
treatment shall be placed on windows or glass doors.
Section 12.19. Oil and Mining Operations: Hazardous Materials. No oil drilling,
oil development operations, oil refir;ting, quarrying or mining operation qf any kind shall
be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations,
or shafts be permitted upon any Lot. No derrick or other structure designed for use in
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boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. No
tank for the storage of oil or other fluids may be maintained on any of the Lots above the
surface of the ground. No hazardous, flammable or explosive materials shall be kept,
stored or dispose a of on any Lot except household chemicals, cleansers, lubricants and the
like, which may be kept and used in conventional domestic applications and amounts in
accordance with applicable environmental laws and regulations.
Section 12.20. Mail Boxes. Mail boxes shall be erected and maintained upon areas
determined by the u.s. Postal Service in accordance with the current postal authority
standards and the approval of the ACe.
Section 12.21. Garages. An enclosed garage able to acco.mmodate at least two (2)
automobiles must be constructed and maintained for each residence. The openings of such
garages must be situated within the setback lines set out herein. If the garage is detached
from the house, it shall be located entirely in the rear yard area and not less than five (5)
feet from any side or rear Lot line and in the case of corner Lots, not less than the distance
required for dwellings from side streets. Garages may be used as the Declarant's or
Builder1s sales offices prior to permanent occupancy of the main structure, however, sales
offices must be converted to garages prior to permanent occupancy. Detached garages
may not exceed a height of eighteen feet (181) at the highest ridge point of the roof
measured from the existing ground unless prior written approval is obtained from the
Architectural Control Committee. With the exception of periods when garages are used
by the Builder as sales offices, all garages shall be maintained for the storage of
automobiles, and no garage may be enclosed or otherwise used for habitation.
. Section 12.22. Roof. No exposed roof surfaces on any principal and! or secondary
structures shall be of wood shingles or wood shakes unless rated by the State Insurance
Board as meeting fire retardant standards. The Architectural Control Committee shall have
the authority to approve roof treatments and materials when in its determination such
treatments and materials, in the form utilized will not be a detriment to the quality of the
neighborhood. '
Section 12.23. Setback Lines. All buildings or other structures (except fences),
permanent or temporary, habitable or uninhabitable, must be constructed, placed and
maintained in conformity with setback lines imposed herein. In no event shall any such
building or other structure be constructed, placed or maintained within -r-- feet of the
side boundary of a Lot (except for Lots bordering a side street, in which case the side street
setback line shall be feet) or within feet of the rear boundary of a Lot. Front
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..,
setback lines for one story homes are hereby established at feet, and for two story
homes at feet. Detached garages and temporary structures shall be located entirely
in the rear yard area and not less than _ feet from any side or rear Lot line and in the
case of corner Lots, not less than the distance required for dwellings from side streets. 'The
eaves, steps and porches of buildings shall not be deemed to be a part of a building or
structure for the purpose of this covenant. Notwithstanding the foregoing, the ACC shall
have the right and authority to approve variances from the setback requirements for
reasonable cause or to alleviate a hardship.
Section 12.24. Athletic and Recreational Facilities. Outdoor athletic and
recreational facilities such as basketball goals, swing sets and sport courts of either a
permanent or temporary nature shall not be placed on any Lot between the street right-of-
way and the front of a Unit and must be approved by the Architectural Control Committee
pursuant to Article 8. Tennis court lighting and fencing shall be allowed only with the
approval of the ACe.
Section 12.25. Security. Neighborhood security patrols may be provided by
independent contractors through the Association, from time to time; however the
Association is not responsible for security of the neighborhood or any Unit and the Owners
are exclusively responsible for security for their homes and property.
Section 12.26. Water and Sewage Systems. No individual water supply system or
sewage disposal system shall be permitted on any Lot, including but not limited to water
wells, cesspools or septic tanks.
Section 12.27. Exterior Holiday Decorations. Lights or decorations may be erected
on the exterior of Units in commemoration or celebration of publicly observed holidays
provided that such lights or decorations do not unreasonably disturb the peaceful
enjoyment of adjacent Owners by illuminating bedrooms, creating noise or attracting sight-
seers. All lights and decorations that are not permanent fixtures of the Unit which are part
of the original construction or have been properly approved as permanent improvements
by the ACC shall be removed within thirty (30) days after the holiday has ended.
Christmas decorations or lights may not be displayed prior to November 15th of any year.
For other holidays, decorations or lights may not be displayed more than two (2) weeks in
advance of the holiday. The Association shall have the right, upon thirty (30) days prior
written notice to enter upon any Lot and summarily remove exterior light~ or decorations
displayed in violation of this provision. The Association, and the individuals removing the
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"',
lights and decorations, shall not be liable to the Owner for trespass, conversion or damages
of any kind except intentional misdeeds and gross negligence.
Section 12.28. Solar Energy Devices. No Owner may erect or maintain solar
collector panels or other solar energy devices or equipment upon any Lot unless such
apparatus is erected and maintained in such a way that it is screened from public view at
a point in the center of the public street right-of-way directly in front of the house erected
on such Lot; and no s~ch apparatus shall be erected without the prior written consent of
the ACe.
ARTICLE 13
PICKETING AND DEMONSTRATIONS
By acceptance of the deed to any Lot covered by this Declaration, the Owner
covenants and agrees with the Owners of all other Lots within the subdivision, that no
Owner or resident of any Lot shall engage in picketing, protest marches, sit-in
demonstrations, protest speeches or other forms of public protest, including without
limitation, displaying signs or placards within public view, upon any Lot or within any
Common Area, easement or street adjacent to any Lot, or affixed to any vehicle or
apparatus upon or adjacent to any Lot, street, easement or Cornmon Area. This prohibition
shall not affect the right of any person to participate in any other form of public protest
conducted outside the area depicted on any recorded subdivision Plat. No Owner or
resident of any Lot shall engage .in conduct that tends to vilify, ridicule, denigrate, or
impugn the character of any other Owner or resident if such conduct occurs on any Lot,
Common Area, easement or street depicted on the subdivision Plat. Each Owner, by
acceptance of the deed to any Lot, shall be. deemed to have accepted the foregoing
prohibitions as reasonable limitations on his or her constitutional right of free speech and
to recognize and agree that all Owners have the right to the peaceful enjoyment of their
property; the right of privacy; the right to practice their own religion; the freedom of
association; the right to engage in a profession, business or life-style of their own choosing
provided that the conduct of such profession, business or life-style is not illegal and does
not otherwise violate any provision of this Declaration.
ARTICLE 14
MORTGAGEE PROVISIONS
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.,.
The following provisions are for the benefit of holders of first Mortgages on Units
in the Properties. The provisions of this Article apply to both this Declaration and to the
Bylaws, notwithstanding any other. provisions contained therein.
Section 14.1. Rights of Eligible Holders. An institutional holder, insurer, or
guarantor of a first Mortgage (herein referred to as an "Institutional Lender") that provides
a written request to the Association (such request to state (1) the name and address of such
holder, insurer, or guarantor; (2) the name of the Owner; (3) the address of the Unit; and
(4) the Lot and Block numbers and identification of the Unit, thereby becoming an "Eligible
Holder"), will be entitled to:
a. the right to inspect Association documents and records on the same
terms as Members;
b. copies of all written notices to the Unit Owner of material amendments
to the Declaration, Articles of Incorporation or Bylaws of the Association when such
notices are required to be given to Owners pursuant to such documents;
c. . copies of written notices to the Unit Owner of extraordinary actions
to be taken by the Association when such notices are required to be given to Owners
pursuant to this Declaration or the Bylaws;
d. copies of written notices to the Unit Owner of (i) any property loss,
condemnation or eminent domain proceeding affecting the Common Property resulting
in losses greater than ten percent (10%) of the current annual budget, or (ii) any Unit
insured by the Association in which the Eligible Holder has an interest;
e. copies of written notices to the Unit Owner of any termination, lapse
or material modification of an insurance policy held by the Association;
f. written notice of any default by an Owner of a Unit subject to a
mortgage held by the Eligible Holder in paying assessments or charges to the Association
which remains uncured for sixty (60) consecutive days;
g. written notice of any proposal to terminate the Declaration or dissolve
the Association at least thirty (30) days before such action is taken;
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h. the right of a majority of Eligible Holders (determined on the basis of
one vote for each Unit standing as security for a mortgage held by the Eligible Holder) to
demand that the Association retain a professional management company; and
i. the right of a majority of Eligible Holders (determined on the basis of
one vote for each Unit standing as security for a mortgage held by the Eligible Holder) to
demand an audit of the Association's financial records.
Section 14.2. Voting Rights of Eligible Holders. For purposes of this Section, an
Eligible Holder of a Mortgage shall be entitled to one (1) vote for each first Mortgage
owned. .
14.2.1. Unless at least two-thirds (2/3) of the Eligible Holders
consent, the Association shall not:
a. by act or omission abandon, partition, subdivide, encumber, sell, or
transfer all or any portion of the real property comprising the Common Property which
the Association owns, directly or indirectly (The granting of easements for public utilities
or other similar purposes consistent with the intended use of the Common Property shall
not be deemed a transfer within the meaning of this subsection.);
b. change the method of determining the obligations, assessments, dues,
or other charges which may be levied against an Owner (A decision, including contracts,
by the Board or provisions of any supplemental declaration subsequently recorded on any
portion of the Properties regarding assessments for Lots to be annexed or other similar
areas shall not be subject to this provision where such decision or subsequent supplemental
declaration is otherwise authorized by this Declaration.);
c. by act or omission change, waive, or abandon any material aspect of
the scheme of regulations or enforcement thereof pertaining to the architectural design or
the exterior appearance and maintenance of Units and of the Common Property (The
issuance and amendment of architectural standards, procedures, rules and regulations, or
use restrictions shall not constitute a change, waiver, or abandonment withing the lneaning
of this provision.);
d. fail to maintain insurance, as required by this Decla~ation; or
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~
e. use hazard insurance proceeds for any Common Property losses for
other than the repair, replacement, or reconstruction of such property.
14.2.2.
shall require:
Any election to terminate the legal status of the Association
a. the approval of at least fifty-one percent (51 %) of the Eligible Holders
if the election to terminate the legal status is the result of substantial destruction or a
substantial taking in conderrmation of the Common Property; or
b. the approval of at least sixty-seven percent (67%) of the Eligible
Holders if the termination is sought for any other reason.
14.2.3. 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 (51 %)
of the Eligible Holders approve the taking of other action by the Association.
14.2.4. The affirmative vote fifty-one percent (51 %) of the Eligible
Holders shall be sufficient to require the Association to engage a professional management
company.
14.2.5. The affirmative vote fifty-one percent (51 %) of the Eligible
Holders shall be sufficient to require the Association to conduct an audit of its financial
records.
Section 14.3. Voluntary Payments by Eligible Holders. 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.
immediate reimbursement from the Association.
Section 14.4. No Priority. No provision of this Declaration or the Bylaws gives or
shall be construed as giving any Owner or other party priority over aJ1Y rights of the
Eligible Holder of any Unit in the case of distribution to such Owner of insurance proceeds
or condemnation awards for losses to or a taking of the Common Property.
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Section 14.5. Notice to Association. Upon request, each Owner shall be obligated
to furnish to the Association the name and address of the Eligible Holder of any Mortgage
encumbering such Owner1s Unit.
Section 14.6. Amendment by Board. Should the Federal Housing Administration,
Department of Veterans Affairs, Federal National Mortgage Association or the Federal
Home Loan Mortgage Corporation subsequently modify any of their respective
requirements which necessitate the provisions of this Article, the Board, without approval
of the Owners, may cause an amendment to this Article to be recorded to reflect such
changes.
Section 14.7. Applicability of this Article. Nothing contained in this Article shall
be construed to reduce the percentage vote that must otherwise be obtained under the
Declaration, the Bylaws, or Florida corporate law for any of the acts set out in this Article.
Section 14.8. Failure of Eligible Holder to Respond. Any Eligible Holder who
receives a written request from the Board to respond to or consent to any action shall be
deemed to have approved such action if the Association does not receive a written
response from the Eligible Holder within thirty (30) days of the date of the Association's
request.
ARTICLE 15
INSURANCE AND CASUALTY LOSSES
Section 15.1. Common Areas. The Association shall keep all improvements,
facilities and fixtures located within the Common Areas insured against loss or damage by
fire or other casualty for the full insurable replacement value thereof (with reasonable
deductibles and normai exclusions for land, foundations, excavation costs and similar
matters, and may obtain insurance against such other hazards and casualties as the Asso-
ciation may deem desirable. The Association may also insure any other property, whether
real or personal, owned by the Association, against loss or damage by fire and such other
hazards as the Association may deem desirable, with the Association as the owner and
beneficiary of such insurance for and on behalf of itself and all Members. The insurance
coverage with respect to the Common Areas shall be written in the name of, and the pro-
ceeds thereof shall be payable to, the Association. Insurance proceeds sh~ll be used by the
Association for the repair or replacement of the property for which the insurance was
carried. Premiums for all insurance carried by the Association are Common Expenses and
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'shall be included in the Association's annual budget and collected as part of the Annual
Assessment.
To the extent obtainable at reasonable rates, the insurance policy(ies)
maintained by the Association shall contain provisions, or be accompanied by
endorsements, for: agreed amount and inflation guard, demolition costs, contingent lia-
bility from operation of building laws and increased costs of construction.
All insurance policies shall contain standard mortgagee clauses, if applicable.
The Association shall also maintain, to the extent any insurable
improvements to Common Areas are within an "A" flood zone, flood insurance in an
amount equal to the lesser of 100% of the replacement costs of all insurable improvements
(if any) within the Common Areas or the maximum amount of coverage available under
the National Flood Insurance Program, whichever is less.
Section 15.2. Waiver of Subrogation. As to each policy of insurance maintained
by the Association which will not be voided or impaired thereby, the Association hereby
waives and releases all claims against the Board, the Members, Declarant and the agents
and employees of each of the foregoing, with respect to any loss covered by such insurance,
whether or not caused by negligence of or breach of any agreement by said persons, but
only to the extent that insurance proceeds are received in compensation for such loss.
Section 15.3. Liability and Other Insurance. The Association shall have the power
to and shall obtain comprehensive public liability insurance, including medical payments
and malicious mischief, with coverage of at least $1,000,000.00 (if available at reasonable
rates and upon reasonable terms) for any single occurrence, insuring against liability for
bodily injury, death and property damage arising from the activities of the Association or
with respect to property under its jurisdiction, including, if obtainable, a cross liability
endorsement insuring each Member against liability to each other Member and to the
Association and vice versa. The Association may also obtain Worker's Compensation
insurance and other liability insurance as it may deem desirable, insuring each Member
and the Association and its Board of Directors and officers, from liability in connection
with the Common Areas, the premiums for which shall be Common Expenses and
included in the assessments made against the Members. The Association may also obtain
such other insurance as the Board deems appropriate. All insurance policies shall be
reviewed at least annually by the Board of Directors and the limits increased in its
discretion.
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The Board may also obtain such errors and omissions insurance, indertmity
bonds, fidelity bonds and other insurance as it deems advisable, insuring the Board or any
management company engaged by the Association against any liability for any act or
omission in carrying out their obligations hereunder, or resulting from their membership
on the Board or any committee thereof. At a minimum, however, there shall be blanket
fidelity bonding of anyone (compensated or not) who handles or is responsible for funds
held or administered by the Association, with the Association to be an obligee thereunder.
Such bonding shall cover the maximum funds to be in the hands of the Association or
management company during the time the bond is in force. In addition, the fidelity bond
coverage must at least equal the sum of three (3) months' of regular assessments, plus all
reserve funds.
Section 15.4. Damage and Destruction.
15.4.1. Immediately after damage or destruction by fire or other
casualty to all or any part of the Common 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 under such insurance and obtain reliable and
detailed estimates of the cost of repair or reconstruction of the damaged or destroyed
Properties. Repair or reconstruction, as used in this paragraph, means repairing or
restoring the Properties to substantially the same condition in which they existed prior to
the fire or other casualty, allowing for any changes or improvements necessitated by
changes in applicable building codes.
15.4.2. In the event of damage or casualty loss to the improvements,
if any, erected on the Common Properties, which in the opinion of the Board of Directors,
should not be repaired or reconstructed, the Board shall deliver written notice thereof to
each Member stating (1) the amount of the insurance proceeds to be paid to the Association
by the insurer as a result of the loss; (2) the estimated cost of repair or reconstruction; and
(3) a request that each Member deliver a written response voting for or against repair or
r.econstructionwithin 30 days after receiving the Board's notice. Such notice shall be sent
to each Member within 60 days after the Board has received the settlement offer of the
insurer and the estimated cost of repair or reconstruction from a qualified contractor. The
Association shall make the repairs or reconstruct the improvements unless at least 75% of
the Members of each class of membership vote not to do so. No Eligible Holder shall have
the right to participate in the determination of whether the damage or d€struction to the
Common Area shall be repaired or reconstructed; provided, however, this provision shall
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not apply to construction Mortgagees, if any, providing construction financing for. such
damaged Common Property.
15.4.3. In the event that it should be determined in the manner
described above that the damage or destruction to the Cornmon Area shall not be repaired
or reconstructed and no alternative improvements are authorized by the Members, then
and in that event the affected portion of the Common Property shall be restored to its
natural state and maintained by the Association in a neat and attractive condition.
Section 15.5. Disbursement of Proceeds. If the damage or destruction for which
the proceeds of insurance policies are paid is to be repaired or reconstructed, the proceeds,
or suchportion thereof as may be required for such purpose, shall be disbursed in payment
of such repairs or reconstruction. Any proceeds remaining after defraying such costs of
repair or reconstruction to the Cornmon 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 Eligible Holders
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 of a Unit and may be enforced by such Mortgagee.
Section 15.6. Repair and Reconstruction. If the damage or destruction to the
Common Area 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 Members, levy a Special Assessment against all Owners on the
same basis as provided for Annual Assessments. Additional assessments may be made in
like manner at any time during or following the completion of any repair or reconstruction.
ARTICLE 16
GENERAL PROVISIONS
Section 16.1. Duration. The covenants, conditions and restrictions of this
Declaration shall run with and bind the Properties, 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) yeC).rs 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
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periods. The number of ten (10) year renewal periods hereunder 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 during the last year of the imtial
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.
Termination of this Declaration is deemed to be an "Extraordinary Action" subject to the
provisions of Section 16.2.
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 certificate which shall set forth the resolution of termination adopted by the
Association, the date bf the meeting of the Association at which such resolution was
adopted, the date that notice of such meeting was given, the total number of votes of
Members of the Association, the total number of votes required to constitute a quorum at
a meeting of the Association, the total number of votes necessary to adopt a resolution
terminating this Declaration, the total number of votes cast in favor of such resolution, and
the total number of votes cast against such resolution.
Said certificate shall be recorded in the Public Records of Seminole County, Florida,
and may be relied upon for the correctness of the facts contained therein as they relate to
the termination of this Declaration. Termination of the Association shall not have the effect
of terminating easements herein provided or granted prior to such termination, or
terminating contractual rights created prior to termination which from the context of the
contract were meant to survive termination.
Section 16.2. Material Amendments and Extraordinary Actions. The Association
may amend this Declaration in regard to the matters identified herein as "Material
Amendments", or may undertake the actions herein listed as "Extraordinary Actions" only
in the following manner.
16.2.1. Material Amendments. The matters listed below are deemed
to be material to this Declaration, and any proposed amendment concerni;ng such matters
shall be deemed to be a "Material Amendment":
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a. the manner of determining the basis for assessments
or the administration of assessment liens;
b. any method of imposing or determining any charges
to be levied against individual Unit Owners;
c.
Cornman Area improvements;
reserves for maintenance, repair or replacement of
d.
maintenance obligations;
e.
allocation of rights to use Cornman Areas;
f. any scheme of regulation or enforcement of standards
for maintenance, architectural design or appearance of improvements on Units;
g. reduction of insurance requirements;
h. restoration or repair of Cornman Area improvements;
1. the addition, annexation or withdrawal of land to or
from the project;
J.
voting rights;
k.
restrictions affecting leasing or sale of a Unit; or
1.
Mortgagees, or Eligible Holders.
any provision which is for the express benefit of
16.2.2. Extraordinary Actions. The matters listed below are deemed
to be extraordinary under this Declaration, and any proposed action concerning such
matters shall be deemed to be an "Extraordinary Action":
a. merging or consolidating the Association (other than
with another non-profit entity formed for purposes similar to the Associ,ation);
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. b. determining not to require professional management,
if that management has been required by the Association documents, a majority of Eligible
Holders or a majority vote of the Members;
c. expanding the Association to include land not
previously described as Undeveloped Parcel which increases the overall land area of the
project or number of Units by more than 10%;
d. abandoning, partitioning, encumbering, mortgaging,
conveying, selling or otherwise transferring or relocating the boundaries of the Common
Areas (except for (1) granting easements which are not inconsistent with, or which do not
interfere with the intended Common Area use; (2) dedicating Cornmon Area as required
by a public authority; (3) limited boundary line adjustments made in accordance with the
provisions of this Declaration; or (4) transferring Common Area pursuant to a merger with
a non-profit entity formed for purposes similar to the Association);
e. using insurance proceeds for purposes other than
reconstruction or repair of insured improvements;
f. making capital expenditures (other than for repair or
replacement of existing improvements) during any period of 12 consecutive months
costing more than 20% of the annual operating budget for that period;
g. termination of the Declaration or other termination
of the planned unit development;or
h. dissolution of the Association.
16.2.3. Notice Required for Material Amendment Dr Extraordinary
Action. Written notice of any proposed Material Amendment or Extraordinary Action
shall be delivered to each Member at least 30 days in advance of (1) any meeting at which
such matter is to be discussed or (2) any action which is to be taken by written approval
of the Members in lieu of 'a meeting. The notice shall state the purpose of the meeting or
proposed written approval and shall contain a summary of any Material Amendment or
Extraordinary Action to be considered. The notice shall also contain a copy of a proxy that
can be cast in lieu of attendance at the meeting. If the Association has, ,or is planned to
have, 250 Members or less - the quorum for any such meeting shall be no less than 20% of
the total number of votes. If the Association has, or is planned to have, more than 250
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Members but less than 1000 Members - the quorum for any such meeting shall be no less
than 10% of the total number of votes. If the Association has, or is planned to have, more
than 1000 Members - the quorum for any such meeting shall be no less than 5% of the total
number of votes. The foregoing requirements are minimum requirements, however, more
stringent requirements imposed elsewhere in this Declaration, or pursuant to applicable
laws or regulations shall. supersede the requirements contained in this Section and the
Association shall be bound by such more restrictive requirements as if fully reproduced
herein.
16.2.4. Approval Required for Material Amendment or
Extraordinary Action. Material Amendments and Extraordinary Actions may be approved
by the Members, after receipt of notice as set forth above, either (1) by the affirmative vote
of at least 67% of the Class A Members (i.e. all Members except the Declarant and any
Builder who retain Class B or Class C status) who are present, in person or by proxy, and
voting at the meeting called as described in the notice at which a quorum is present, and
the vote of the Declarant, or (2) by the written consent of at least 67% of all Class A
Members and the Declarant (if the Declarant then retains Class B status) to any action taken
in lieu of a meeting.
16.2.5. Additional Approval Requirements. In addition to the
approval of the Members and the Declarant set forth above, the following conditions shall
apply:
a. Any Material Amendment or Extraordinary Action
that changes the rights of any specific class of Members (i.e. Class A; Class B; or Class C)
must also be approved either (1) by the affirmative vote of at least 51 % of the Members of
such Class who are present, in person or by proxy, and voting at a meeting called as
described in the required notice at which a quorum of such Class of Members is present,
or (2) by the written consent of at least 51 % of all Members of such Class to any action
taken in lieu of a meeting.
b. Any Material Amendment or Extraordinary Action
proposed during the period in which the Declarant retains its Class B status must also be
approved by the Federal Housing Administration ("FHA"), and the Department of
Veterans Affairs ("V A") if any Unit within the Properties has been financed by a mortgage
insured by FHA or guaranteed by V A. The Association shall deliver writ,ten notice of the
proposed Material Amendment or Extraordinary Action to the FHA and V A
simultaneously with its notice to the Members. If the FHA or V A fails to deliver written
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notice to the Association of its objection to the proposed Material Amendment or
Extraordinary Action within 30 days after receipt of the notice, FHA and V A will be
deemed to have approved the matters contained in the notice, and the Association shall be
entitled to record an affidavit signed by an authorized officer averring that written notice
was delivered to the FHA and V A and no objection was timely received from such
agencies.
16.2.6. N otke of Material Amendment or Extraordinary Action.
Upon approval of a Material Amendment or Extraordinary Action, the Association shall
record appropriate written notice thereof in the Public Records of Seminole County,
Florida, and take all such further action as may be prudent or necessary to implement and
carry out the Material Amendment or Extraordinary Action.
Section 16.3. Non-Material Amendments. . The Association may amend this
Declaration in regard to all matters, except those identified in Section 16.2 as "Material
Amendments", in the following manner.
16.3.1. Amendments by Members - Notice Required for Non-
Material Amendment. Written notice of any Non-Material Amendment proposed by the
Board of Directors of the Association shall be delivered to each Member at least 30 days
in advance of (1) any meeting at which such matter is to be discussed or (2) any action
which is to be taken by written approval of the Members in lieu of a meeting. The notice
shall state the purpose of the meeting or proposed written approval and shall contain a
summary of any Non-Material Amendment to be considered. The notice shall also contain
a copy of a proxy that can be cast in lieu of attendance at the meeting. If the Neighborhood.
Association has, or is planned to have, 250 Members or less - the quorum for any such
meeting shall be no less than 20% of the total number of votes. If the Association has, or
is planned to have, more than 250 Members but less than 1000 Members - the quorum for
any such meeting shall be np less than 10% of the total number of votes. If the Association
has, or is planned to have, more than 1000 Members -. the quorum for any such meeting
shall be no less than 5% of the total number of votes. The foregoing requirements are
minimum requirements, however, more stringent requirements imposed elsewhere in this
Declaration, or pursuant to applicable laws or regulations shall supersede the requirements
contained in this Section and the Association shall be hound by such more restrictive
requirements as if fully reproduced herein.
16.3.2. Approval Required for Non-Material .Amendment by
Members. Non-Material Amendments proposed by the Board of Directors pursuant to
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"
Subsection 16.3.1 may be approved by the Members, after receipt of notice as set forth
above, either (1) by the affirmative vote of at least 51 % of the Class A Members (i.e. all
Members except the Declarant and any Builder who retain Class B or Class C status) who
are present, in person or by proxy, and voting at the meeting called as described in the
notice at which a quorum is present, and the vote of the Declarant, or (2) by the written
consent of at least 51 % of all Class A Members and the Declarant (if the Declarant then
retains Class B status) to any action taken in lieu of a meeting.
16.3.3. Amendments by Declarant Without Consent by Members.
During the period in which the Declarant retains the status of the Class "B" Member,
Declarant shall have the right to amend this Declaration, without the necessity of consent
or joinder by Owners or any other persons or entities, to make nonsubstantial changes that
do not materially or adversely affect the interests of other Owners or other affected parties,
and to clarify any ambiguities or conflicts, or correct any scriveners' errors in this
Declaration. No approval by the Association or by any Member shall be required for
Declarant to amend this Declaration pursuant to this Subsection 16.3.3.
16.3.4. Notice of Non-Material Amendment. Upon approval of a
Non-Material Amendment by the Members pursuant to Subsection 16.3.2, or delivery of
notice of amendment by Declarant pursuant to Subsection 16.3.3, the Association shall
record appropriate written notice thereof in the Public Records of Seminole County,
Florida, and take all such further action as may be prudent or necessary to implement and
carry out the Non-Material Amendment.
Section 16.4. Assignment of Rights and Duties. Any and all of the rights, powers
and reservations of the Association and Declarant may be assigned to any person,
corporation or association which will assume the duties of the Association or Declarant
pertaining to the particular rights, powers and reservations assigned. Upon such assignee
evidencing its consent in writing to accept such assignment and assume such duties, he or
it shall to the extent of such assignment have the same rights and powers and be subject
to the same obligations and duties as are herein given to and assumed by the Association
or Declarant. Further, the Association or Declarant may from time to time delegate any
and all of its rights, powers, discretion and duties hereunder to such agent or agents as it
may nominate.
Section 16.5. Municipal Service Taxing Units. In order to perform the services
(
contemplated by this Declaration, the Association or Declarant, in conjunction with
Seminole County, Florida, may seek the formation of special purpose municipal service
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taxing units (IMSTUs"). The MSTUs will have responsibilities defined in their enabling
resolutions which may include, but are not limited to, maintaining roadway informational
signs, traffic control signs, benches, trash receptacles and other street furniture, keeping all
public roadways and roadside pedestrian easements clean of windblown trash and debris,
mowing, payment of electrical charges, maintenance of drainage canals, ponds and
structures, maintenance of designated landscape areas, payment of energy charges for
street and pedestrian lighting, and other services benefiting the Properties. In the event
such MSTUs are formed, the Properties will be subject to assessment for the cost of services
performed within the MSTU and personnel working for or under contract with Seminole
County shall have the right to enter upon lands within the Properties to affect the services
contemplated. Each Owner by acquiring lands within the Properties agrees to pay each
and every MSTU assessment imposed upon the Owner1s land in a timely manner, failing
which such assessments and special charges shall be a lien upon those lands. The
Association retains the right to contract with Seminole County to provide the services
funded by the MSTUs. Services performed by an MSTU that would otherwise be
performed by the Association and for which the MSTU imposes assessments on the
Owners shall be removed from the Association's budget and the Board shall reduce the
Annual Maintenance Assessment accordingly.
Section 16.6. Enforcement. Enforcement of these covenants, conditions and
restrictions shall be by any proceeding at law or in equity and may be instituted by
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, condition or restriction, either to restrain violation or to recover damages, and
to enforce any lien created by these covenants; and failure by the Association or any Owner
or Declarant to enforce any covenant, condition or restriction herein contained for any
period of time shall in no event be deemed a waiver or estoppel of the right to enforce same
thereafter. Further, the Association shall have the right of self help to cure any violations
that remain uncured after any required notice is given. If the Association elects to
commence enforcement proceedings after delivery of notice thereof to any Owner in
violation hereof, and incurs any expenses in the commencement of such proceedings, the
Association shall prosecute such enforcement proceedings to conclusion notwithstanding
subsequent voluntary compliance by the Owner until the Association shall have recovered
i~s expenses from such Owner.
Section 16.7. Severability. Should any covenant, condition or restriction herein
contained, 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
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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 16.8. Interpretation. The Board shall have the right except as limited by any
other provisions 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, determination, construction or interpretation shall be final and binding. In all cases,
the provisions of this Declaration shall be liberally construed to effectuate its purpose of
creating a uniform plan for the maintenance of Common Areas and the facilities located
thereon.
Section 16.9. Disposition of Common Property on Termination of Declaration.
Should the Members of the Association vote not to renew and extend this Declaration as
provided for herein, all Common Property owned by the Association at such time shall be
transferred to another association or appropriate public agency having similar purposes.
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 Open
Space or Common Property consisting of the Surface Water and Storm Water Management
System cannot be altered, changed or sold separate from the lands it serves except that
Declarant shall be obligated to and shall convey that portion of the Open Space consisting
of the Surface Water and Storm Water Management System to the Associationupon
completion and approval of such system by all applicable governmental authorities. 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 Owners
in Common Expenses.
Section 16.10. Execution of Documents. The approved plan for the development
of the Properties 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, Declarant by its duly authorized officers may, as the agent or the
attorney-in-fact for the Owners, execute, acknowledge and deliver such documents and the
Owners, by virtue of their acceptance of deeds, irrevocably nominate, constitute and
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".
appoint 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 shall recite that it is
made pursuant to this Section.
Section 16.11. Indemnification. 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, director, or committee member. The officers, directors,
and cornmittee members shall not be liable for any mistake of judgment, negligent or
otherwise, except for their own individual willful misfeasance, malfeasance, misconduct,
or bad faith. The officers and directors shall have no personal liability with respect to any
contract or other cornmitment made by them, in good faith, on behalf of the Association
(except to the extent that such officers or directors may also be Members of the
Association), and the Association shall indemnify and forever hold each such officer and
director free and harmless against any and all liability to others on account of any such
contract or commitment. Any right to indemnification prov~ded for herein shall not be
exclusive of any other rights to which any officer, director, or committee member, or
former officer, director, or committee member may be entitled. The Association shall, as
a Cornmon Expense, maintain adequate general liability and officers' and directors1 liability
insurance to fund this obligation, if such insurance is reasonably available.
Section 16.12. Prohibited Actions. Notwithstanding anything contained herein to
the contrary, the Association will perform no act nor undertake any activity which will
violate its non-profit status under applicable state or federal law.
Section 16.13. Singular. Plural 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 shall be deemed to include all genders. .
Section 16.14. Construction. The provisions of this Declaration shall be liberally
construed to effectuate its purpose of cre.ating a uniform plan for the operation of the
Property.
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Section 16.15. Conflicts. In the event of conflict between the terms of this
Declaration and any Bylaws, rules, regulations or Articles of Incorporation of the
Association, this Declaration shall control.
Section 16.16. Partial Invalidity. The invalidation of anyone of these covenants by
judgment or court order shall in no way affect any of the other provisions, which shall
remain in full force and effect.
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~
IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed
on its behalf as of this _ day of ,19_.
WITNESS
DECLARANT
CENTEX HOMES, a Nevada general
partnership
By: Centex Real Estate Corporation,
a Nevada corporation, its managing
general partner
By:
Gregory L. LePera, Division President
STATE OF FLORIDA ~
~
COUNTY OF ORANGE ~
The foregoing instrument was. acknowledged before me this day of
, 19 ~ by Gregory L. LePera, Division President of Centex Real Estate
Corporation, a Nevada corporation, managing general partner of Centex Homes, a Nevada
general partnership, who is personally known to me or who produced a valid Florida
driver's license as identification, and did not take an oath.
Notary Public, State of Florida
Notary's Name Printed:
My Cornmission Expires:
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EXHIBIT "N'
[LEGAL DESCRIPTION]
EXHIBIT" B"
[Articles of Incorporation]
Exhibit lie"
[BYLA WSl