HomeMy WebLinkAbout1990 01 08 Regular
REZONING OF TUSCAWILLA PUD
row COMMISSIONERS,
AT OUR LAST COMMISSION MEETING ON DECEMBER 11, I STATED THAT WE NEED TO ADDRESS
THE ISSUE OF REZONING THE PUD TO RIAMON ALL CURRENT UNDEVELOPED LAND IN THE
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PUD. AFTER REVIEWING CURRENT CITY ORDINANCES, I WOULD LIKE TO MODIFY THE
REQUEST SLIGHTLY AND CHANGE ALL UNDEVELOPED LAND TO RlAA. THE REASON IS
SQ.FT.
SIMPLE. RlAA ALLOWS A MINIMUM LOT OF 10,000'WHICH IS CONSISTENT WITH THE
CURRENT SINGLE FAMILY DETACHED HOMES IN THE PUD THAT ARE BEING CONSTRUCTED
VERSUS 20,000 SQ. FT. REQUIRED IN RIAAA.
NOW, WHY AM I BRINGING THIS ISSUE UP AGAIN?! PLEASE BEAR WITH ME AS I BRING UP
SEVERAL KEY POINTS. ONE, WE, AS THE GOVERNMENTAL BODY, CAN REZONE ANYTIME TO
WHATEVER IS APPROPRIATE BASED ON CURRENT CONDITIONS AS IT RELATES TO NEEDS OF
THE COMMUNITY, A CHANGING ENVIRONMENT, OR OBSOLETE LAWS.
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TWO, THE RESIDENTS OF TUSCAWIILA WANT HOMES TO BE BUILT, AND NOT COMMERCIAL OR
APARTMENT PROJECTS. THIS POINT WAS REINFORCED AGAIN AT THE LAST HOMEOWNERS
MEETING. THE PUD ZONING ALLOWS THE DEVELOPER TO INITIATE AND THEREBY CONTROL
THE TYPE OF CONSTRUCTION THAT IS SUBMITTED. THE HOMEOWNERS CAN ONLY COME AND
"DEFEND" THEMSELVES AGAINST UNWANTED DEVELOPMENT. BY REZONING TO RESIDENTIAL
USE, THE HOMEOWNER IS MORE PROTECTED VERSUS THE DEVELOPER.
THREE, THE PUD ZONING PROVIDES FOR A VARIETY OF DEVELOPMENT AND DOES NOT SEND 1
CLEAR SIGNAL TO DEVELOPERS ON WHAT TYPE OF CONSTRUCTION IS APPROPRIATE FOR A
NEIGHBORHOOD. DESPITE THE BEST INTENTIONS OF THE COMMISSION TO PROTECT
RESIDENTS, THE PUD ZONING ALLOWS DEVELOPERS TO INITIATE ANYTHING THEY WANT, AND
IT FORCES THE RESIDENTS OF TUSCAWILLA TO COME REGULARLY TO FIGHT INCOMPATIBLE
elELOPMENT. BY REZONING TO RlAA, THIS SENDS A VERY CLEAR SIGNAL TO DEVELOPERS
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THAT THE ON'LY DEVELOPMENT THAT IS COMPATIBLE ARE HOMES. NET, THERE WOULD BE
LESS TIME SPENT ON FIGHTING ISSUES CONCERNING TUSCAWILLA AND ALLOW US MORE TIME
. WORK ON OTHER WINTER SPRINGS ISSUES.
FOUR, BY KEEPING THE PUD ZONING, IT CONTINUES TO PROVIDE THE OPPORTUNITY FOR
MORE DENSE DEVELOPMENT, WHETHER COMMERCIAL OR MULTI-FAMILY. WITH ALL THE
EMPHASIS NOW PLACED ON LACK OF SCHOOL SPACE, INSUFFICIENT ROAD SYSTEMS (IN FACT
OUR P&Z BOARD, THROUGH THEIR STUDY, SHOW HOW THE TRAFFIC PROBLEM WILL INCREASE
IF WE CONTINUE TO MotE DENSE DEVELOPMENT), AND INCREASED WASTE. IT IS ONLY
RIGHT AND PROPER TO REZONE TO A RESIDENTIAL CLASSIFICATION.
FIVE, THE PEOPLE OF TUSCAWILLA WANT THIS. I HAVE, DURING MY ELECTION, STATED
THAT I SUPPORT THEM ON THIS ISSUE. THEREFORE, AS LONG AS THIS ELECTED
GOVERNMENT TRIES TO FOLLOW THE WISHES OF THE MAJORITY OF THE PEOPLE, PROVIDED
THERE IS AN EASY PROCEDURE TO IMPLEMENT THIS CHANGE, AND PROVIDED IT IS
.~EFICIAL TO THE PEOPLE, THEN WE HAVE A RESPONSIBILITY TO DO IT. AN EXAMPLE
OF MEETING THE WISHES OF THE PEOPLE ARE THE UNPAVED ROADS OF THE RANCHLANDS.
WE HONORED THEIR WISHES, NOW LETtS HONOR THE WISHES OF THE PEOPLE IN
TUSCAWILLA.
SIX, VESTED RIGHTS ISSUES WILL CONTINUE TO PLAGUE THE CITY IN REFERENCE TO THIS
PUD BECAUSE THE BASIC ZONING HAS NOT BEEN CHANGED. WE CONTINUE TO DANGLE
CARROTS OF "V ARlEn DEVELOPMENT" TO A DEVELOPER THROUGH pun ZONING. LET'S
PROTECT OUR LEGAL LIABILITY BY CHANGING THE ZONING AND ELIMINATING THE VESTED
RIGHTS ISSUES.
SEVEN , FINALLY, PUD ZONING PROVIDES A CONCEPTUAL PLAN FOR A LARGE DEVELOPMENT
EARLY IN ITS GROWTH. BUT, AS IT MATURES (AND THIS DEVELOPMENT IS 20 YEARS
.rURE), THEN CONCEPTS MOVE TO REALITY. THEN, IT IS IMPORTANT TO PROVIDE
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BETTER ZONING GUIDELINES ON THE REALITY OF CURRENT DEVELOPMENT AND USE RATHER
;L'HAN THE CONCEPT OF A DREAM 20 YEARS AGO.
~NOW THIS HAS BEEN A LONG STATEMENT, BUT I THOUGHT HARD ON THIS ISSUE.
PEOPLE WANT THIS ISSUE RESOLVED IN ONLY ONE FASHION. PLEASE, HEAR YOUR
ELECTORATE AND HONOR THEIR WISHES TO HAVE A RESIDENTIAL COMMUNITY.
I THEREFORE WOULD LIKE TO MAKE A MOTION THAT WE, THE CITY COMMISSIONERS,
AUTHORIZE THE PLANNING & ZONING BOARD TO PREPARE A NEW ORDINANCE REZONING ALL
UNDEVELOPED LAND IN THE TUSCAWTILA pun TO RIAA.
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January 3, 1990
TO: City Manager ~
FROM: Land Development Manager.
RE: Agenda Item, Excelsior Business Park
This item is to accept Excelsior Business Park and the restrictive
covenants and plat for recordation. This park is to be privately
owned. Please see attached correspondence.
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attach.
cc: Mayor
Commission
City Attorney
City Clerk
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CITY OF WINTER SPRINGS, FLORIDA
Mr. Kenneth H. Ehlers, P.E.
Grusenmeyer and Associates, Inc.
5400 East Colonial Drive
Orlando, FL 32802
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-1800
November 30, 1989
RE: Excelsior Business Park - "As-Built" Inspection
Dear Mr. Ehlers:
An inspection was made of the Excelsior Business Park with the
"as-built" engineering documents that you had submitted. It was
determined that the project was found to generally conform satis-
factorily to the "as-built" engineering.
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cc: City Manager
Land Development Coordinator
Building Department
Public Works Director
Lee Munizzi
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Sincerely,
"', :'::'-~~~;'\~)~{~'l
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FIRE DEPARTMENT
102 NORTH MOSS ROAD
WINTER SPRINGS, FLORIDA 32708
TELEPHONE (305) 327-2332
FIRE AND
RESCUE
SERVICES
December 26, 1989
TO: Don LeBlanc, Land Development Coordinator
A' ,1)
FROM: Charles L. Holzman, Fire Chief~'/
SUBJECT: Fire Hydrant Acceptance - Excelsior
The fire hydrant at mid-block of Excelsior was inspected and tested on
December 22, 1989 and meets code requirements.
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TO: DON LEBLANC, LAND DEVELOPMENT COORDINATOR
FROM:
DATE:
SUBJ:
JOHN GOVORUHK, CHIEF OF POLICE
2 January 1990
Excelsior Business Park
The above referenced does appear to meet department requirements
and is hereby recommended for acceptence.
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(.;/ --
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. E. CLAY PPARAKRERKER, JOHNSON, OWEN, MCGUIRE, MICHAUD, LANG & KRUPPENBACHER, P.A.
COUNSELORS AT LAW
WILLIAM E. JOHNSON
RONALD M. OWEN
H .JOSEPH McGUIRE
SCOTT H. MICHAUD
,J. SCOTT MURPHY
ARMANDO R. PAYAS
THOMAS F. LANG
FRANK C. KRUPPENBACHER
ZIP CODE 32802
ORLANDO OFFICE
1300 BARNETT PLAZA
201 SOUTH ORANGE AVENUE
ORLANDO. FLORIDA 32801
TELEPHONE (407) 425-4910
FACSIMILE (407) 423.3140
REPLY TO ORLANDO OFFICE:
POST OFFICE BOX 2867
ELMO R. HOFFMAN
Of CO U NSEL
MARK C. CABOLO
,JAMES T. FERRARA
ALAN J, LANDERMAN
PAMELA A, MARK
MARK L. ORNSTEIN
WILLIAM T. ROSHKO
KENNETH R. SEGAL
MARK S. WALKER
MICHAEL O. WILLIAMS
June 21, 1989
DEERFIELD BEACH OFFICE
600 WEST HILLSBORO BLVD" SUITE 660
DEERFIELD BEACH, FLORIDA 33441
TELEPHONE (305) 421-1011
FACSIMILE (30S) 421-1359
HAND-DELIVERED
NORMAN E. GERBER
ADMINISTRATOR
Mr. Donald R. LeBlanc
Land Development Coordinator
City of Winter Springs
1126 State Road 434
Winter Springs, Florida 32708
RE: Excelsior Business Park, Proposed Plat and Covenants
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Dear Don:
Per your request, I have received the above.
The same are approved as to legal form.
FCK:mls
Sincerely,
4:!~
SIGNED IN 11/11'<. ;~l\'-;"l\_. _'" ,'~. .<-" d;
ABSENCE TO AVOIO Q'l.At
Enclosures
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Declaration of Restrictive Covenants
For
EXCELSIOR BUSINESS PARK
Winter Springs, Florida
E. Lee Munizzi and Salvatore B. Munizzi, fee owners of the
following described real property in Winter Springs, Florida:
SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION
Hereby make the following Declaration of Restrictive
Covenants as to the limitations1 restrictions, and uses to
which the lots and associated land, lakes and roadways that
compr ise th€'o:' EXCELSIOR BUSINESS PARK ("The Park") may be put.
The covenants declared herein shall attach to and run with
the land described above and shall inure to the benefit of
and be binding on all who have an interest in the land
whether they be initial owners, subsequent purchasers,
lessees, licensees, occupants" lienors, their transfers,
successors or assigns.
The purpose of these covenants 1S to assure reasonable
development and application of the property as a whole, to
protect each property owner against unreasonable usage or
development of adjacent and surrounding lands, to prevent the
construction of undesirable structures within The Park, to
provide for the operation and maintenance of common amenities
and facilities and to provide for architecturally and
aesthetically pleasing development of The Park in accordance
with a general plan.
1. DE:F I NJ T I ON!:2.
Unless otherwise specified in these Restrictive
Covenants, each term defined in this article shall
have the meaning specifically set forth herein:
1-'1. The Park: The term "The Park" shedl mean the
EXCELSIOR BUSINESS PARK as described above
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",uld recorded 1.n
B. .ill:i. t:i.i:u-Clwnf:r~;=_ ThE' term II I ni tied ()wrH::::r~;"
shall mean E. Lee Munizzi and Salvatore 8.
Muniz~~i.
C. I:~e~::; t r :.i. c t .;Ly'Q..._~SLI!...~[lt; ~ T h (,! t e nll II Res t r i c t i v E~
Covenants" shall mean all covenants,
restrictions and easements as set forth in
this Declaration and as they may be amended
or supplemented, from time to time.
D. ProPt::?rty. Owner: The term "Propc::!rty Owner"
shall mean the legal or beneficial holder of
the fee simple ownership to any of the lots
situated within The Palrk. Tht-'o! tf:n!l "Pl'.opel'"ty
Owner II shall inc 1 ude anyont::? claiming
ownership through or from such fee or
beneficial owner whether whole or in part.
r- Loj"i...;.. Tht:0 t,,::'\'rn "Lot" shall mec:ln any
subdivided portion of The Park as shown upon
the recorded subdivision plat or upon any
subsequently recorded plat of The Park.
F. Zoni r.!.f~ RE~C:lu 1 at ions;: The tt::~rill II Zoni ng
l~egu 1 at ions II sha 11 mean the ZCtni ng
regulations and ordinances of the City of
Winter Springs, Florida as amended from time
t(:o time.
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::XCELf:; I OR BUS I I'::!ESS-1~AI~K PI~OPERTY DWNEI~!3 AmlDC t[\ T I ON f
I NC ._
Concurrently with the adoption of and recording of these
Restrictive Covenants, a non-profit corporation entitled
the E~Lelsior Business Park Property Owners Association,
Inc. ("As~::;ociati()f'l") shall be formed.
The lake and Surface Water Management System and related
facilitie~::; (liThe;) System"), shall bf.? tr<':\n~::;fern::?d to the
Association upon its formation. The Association shall
be responsible for the maintenance and operation ,
repairs, renewal of permits from appropriate Governmental
Agencies and modifications thereof, and any other duties
necessary for the operation of The System for the benefit
of the Property Owners of The Park.
All of the rights, covenants and responsibilities of
administering and enforcing these Restrictive Covenants
shall become those of the Association upon its formation.
Each Pr0perty Owner shall become a member ot the
Association upon the recording of a deed, or other
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instrument, vesting title in such Property Owner. The By-
Laws of such Association shall provide that each owner of
a Lot in The Park shall be entitled to one (1) vote for
each Lot owned in all elections and such other matters as
may come before the Association. Membership in this
Association shall be mandatory and no more than one (1)
vote will be allowed for each Lot regardless of how many
individuals or entities have an interest in said Lot(s).
The By-Laws of such Association shall provide for the
assessment of a reasonable initial fee, annual membership
tee, and special assessments to provide the Association
with the needed funds to carry out the provisions of these
Restrictive Covenants. Any assessment remaining unpaid for
thirty (30)days shall become a lien or such member's lot
and may be enforced in accordance with Florida Lien Laws.
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G9~jEN!jNLFQ.!L l'1A I NTENANCE f\~3SESSMr;NI
Each owner agrees to become a member of the Association
and to maintain his membership in good standing and be
guided by the Rules and Regulations of the Association so
long as he owns a lot in the Park.
The annual and special assessments by the Association
shall be used exclusively for the purposes of improvement
and maintenance of the Park and any easement in favor of
the Association including but not limited to, the cost of
taxes, insurance, labor, equipment, materials, management,
surface water management, maintenance and supervision
thereof, as well as for other such purposes as are
permissible activities.
Except as herein provided, the Board shall fix the initial
assessment and annual assessment in an amount determined
to be in accordance with the projected financial needs of
the Association. After the initial assessment, the annual
assessment may be increased each year by the percentage of
increase of the consumer price index for the previous
year, or up lu 15% of the maximum authorized payment, for
the previous year, without regard to the consumer price
index, and without a vote of the Association. The fee may
be increased beyond the higher of either of these with the
approval of two-thirds vote of the owners.
Ec.\(.:il ",,"./II'..::r-, with the e~/;ception of th€", Initial Owners,
shall hereby covenant and agree to pay the Association any
annual assessment or charges and any special assessments
for capital improvements Or repair as established, and to
be collected from time to time by the Association. All
such assessments, together with interest thereon, from the
due date at the highest rate allowed by law of Florida,
cost of collection, including reasonable attorney's fees,
shall be a charge on the land and shall be a continuing
lien upon the property against which each assessment is
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made shall also be the personal obligation of the owner.
4. !;Xr~CUTIVE AND ARCI.-lITECTURAL COMMITTEE
Prior to seventy-five percent (75%) in number of the Lots
in The Park being sold, the Initial Owners shall have the
exclusive right to elect at least three (3) peysons to
serve as members of the Executive and Architectural
Commi t tE".:'E~ (" Cc.mmi t tee 1I ). Upon seventy -f i Vf:? pel" cent (751.)
of the Lots in The Park being sold, the Association shall
have the right to elect two (2) persons to serve as
members of the Committee. The Committee shall serve as the
governing body of the Association and shall assume all of
the responsibilities given the Association according to
these Restrictive Covenants. It is the duty and
responsibility of the Committee to see that the
Restrictive Covenants requiring their decisions and
involvement contained herein are carried out. The elected
members will serve for one (1) year terms and may be
reelected. Members need not be owners of Lots in such
subdivision, but must, as a minimum, have been appointed
by a Property Owner to represent him in all matters
dealing with the Initial Owners, Committee, or
^~;:;':;;;() C .i.<;;l t io;::on.
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The initial mailing address of the Committee shall be
Excelsior Business Park, Winter Springs, Florida 32708.
This address may be changed from time to time.
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INTECHMTION-.!:yITH WINTEli SPRING~3 ZONING_ REGULATIqNS
In such instances where a conflict exists between any of
these Restrictive Covenants and the loning Regulations of
Wintelr Spr i n9s, t hE!n Zoning Regul a tions sha 11 prevai 1. In
instances where the interpretation and application of
these Restrictive Covenants would be more restrictive than
the Zoning Regulations, then these Restrictive Covenants
shed 1 pn".vai 1.
(;. UGE~3
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The usage of all buildin9 sites and the operations to be
contained therein shall be subject to the prior written
a~proval of the Committee. Such utilization being limited
to office, commercial, distribution, service, and light
industrial operations or any other application which is
consistent with commercial use as defined by the Zoning
Regulations. Such utilization shall be carried out
entirely within a building and related site so that it
dOE!s not Plroduc:e c:l nuis.:\nce to clny adjacent Lots,
including noise, vibration, emission of particulate
matter, odor, toxic or nontoxic fumes, pollution of water
and water m..'.il.lgt2ment facilities or any othelr act which
could produce an unpleasant or adverse effect on adjacent
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Prop(~rty OWnt2t-!3.
7 . B u J1..P..lli~....f> T R uJ2I u 13 E fl
No building or other structure shall be installed or
erected on any building site without the written consent
of the Committee. Prior to the construction or alteration
of any building or other structure two (2) complete sets
of building plans and specifications shall be submitted to
the COilHlii t tt?t? !3howi n!;,l the 10 ca t ion of thE.' bui Id i ng or
other structures, patios, walls, fences, driveways or
pal"kinU ared~:;, loading dock~;, signs, setbacks, dnd
building materidl to be used. One (1) set shdll be
returned to the Property Owner with the approval or
di!",appl"ovcd E'ndor'~;;ed thc::::!reon and tll"" o:ytht01r sh,,':\11 be
retained by the Committee for its future use. Construction
of such approved structures must begin within one hundred
twenty (120) days of approval by the Committee and be
substantially complete within four hundred fifty (450)
days of such approval. Refusal of approval of plans and
s~0cifications may be based on any reason, including
aesthetics, and is at the sole discretion of the
Committee. Decisions of the Committee are final dnd no
appeal procedures are thereby available. Failure of the
Committee to review and comment on such plans within
thirty (30) days of receipt shall be deemed to constitute
. approval.
8. L.6ND!3CfjP I NG
The building plans and specifications must contain the
provision that fifteen percent (15%) of the total square
footage of each lot shall be used for landscaping. Upon
completion of any building, the lawn area shall be
completely seeded or sodded with Argentine Bahia, St.
Augustine, Floratam Or such other grasses that are
commonly used in the Central Florida area, with the
intention that each building be surrounded by a green well
kept lawn. Each Property Owner shall provide a sufficient
sprinkler system to adequately water the landscaped area.
Effort shall be made to preserve as many of the existing
trees as possible in their natural location.
'3. SETBt'jCKf:~
All setbacks from adjacent property lines and rights-of-
way shall be in accordance with Zoning Regulations.
1. O. flAfWlJ:.-IG
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No parking will be allowed in any street or any other
place other than approved parking spaces. One parking
space shall be provided for each two hundred fifty (250)
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square feet of building space. Each parking space shall
be of a size sufficient to accommodate a passenger-sized
automobile and all parking areas and driveways are to be
p.:.:.wed ',.,Iith "i minimum of one and onc?-half (1 1/2") inch
asphaltic concrete surface coat on a six (6") inch soil
cement base. Parking dreas are to striped an equipped
with one (1) concrete stop per each parking space.
Parking will not be permitted within fifteen (15) feet of
the property line bordering any street nor within ten
(10) feet of the side and rear property lines.
Any variance as to the number of parking spaces required,
location, materials to be utilized or size of parking
spaces shall first be approved in writing by the
Comm it t e-t? "
11. FENCES.
Fences and screening walls shall be constructed of
masonry, me-tal panel, e-vergreen shrubbery or any other
suitable mate-rial approved by the Committee and shall be
maintained by the Association.
L:." i.-JASJE n E:;POSt~L
. ,;11 Garb<:\ge <:\nd/o\~ trash receptacles shedl be enclosed by
fence or other type of screening wall which will prevent
the contents of the garbaGe or refuse area from being
visible from any Street or adjacent Lot. Garbage or
refuse areas shall not be constructed between the
building and a Street. Reasonable commercial pickup and
disposal of GarbaGe and trash shall be required.
13. ~3 I G.b!J.?
All signs must be attached to a building and must not
extend above its roof line. No flashing or moving signs
will be permitted. This provision does not preclude usage
of signs normally used in connection with the sale of
subdivided property.
14. L OAO"';LNG-.ll9Cni
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No loading docks shall be constructed facing any street.
No mate-rial, supplies or equipment shall be parked or
stored overnight in any area of a Lot except that which
is suitably screened from view by a suitable barrier.
This includes licensed and non-licensed vehicles, mobile
and/or stationary equipment and damaged or junked
vE.!hic:lc;(::;.
1 ::3. /"1;,\ I NTENANCE
The ()wner, le~:;sE!t'" OY' tenant of any buildin!;;1 ~;ite she:lll
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have the responsibility for the maintenance of the
pj.\....jlj;i..:;;;t:~s, bui Iding, attachments, impyovemel"l'cs, trash
yeceptacles, and landscaping in a clean, well maintained
state at all times. All vacant Lots shall be mowed at
least thyee (3) times per year. If, in the opinion of the
Committee, such occupant fails in its responsibility,
then notice of such failure will be communicated to the
owne!r, le!'::;~;;;E'e! 0'( tenant in writing. Til'.,,' ,::)i."Iner, lessee or
tenant sh~ll have fifteen (15) days from receipt of such
notice to perfoym the yequested maintenance to yestore
such site to its desired condition. If the! owney, lessee,
or tenant should fail to peyform such yequested repairs
or maintenance, the Committee shall have the right and
authoYity to undertake such yepaiYs 01" maintenance! at its
e:i;pen~;e. In thf2 E'VE!nt such ()wner, les~;ee 0'1" t:c-n<:'1nt f.:\ils
to reimburse the Committee foy the costs incurred by it
within thirty (30) days of having been billed, then the
costs incurred shall be reCOrded as a lien against such
Pl"C'Pf:;y.ty.
16. MANAGEI"IENT OF THF;__.?Uf~F"'\CE WAT1~R MANAGEt!.ENT ..PERI'11 T
.
The Initial Owne!rs of The Park have obtaine!d a SUrface
WatE'Y ManagE'mE'nt Permit fyom the St. Johns RivE'Y
Management District fOr the opeyation and maintenance of
thE' li::ike ancj sUlrface watey sy~;tem in ThE' Pad::. In
accoydance! with Article! 2 of these Restrictive Covenants,
the Asso[i~tion will assumE' the rights, yesponsibilities,
obligations, and functions yequiyed of the! Initial Owners
under thE' aforE'mentioned permit, including renE'wals and
modifications when necessary.
17. FNFCmCEMENT
EnforcemE'nt of these Restrictive Covenants shall bE' by
proceedings at law Or in equity against any and all
persons violating or operating contrary to any
RestrictivE' Covenants contained heyein. Enforcement shall
be allowed to restrain initial or fuyther violation
and/Or to yecovey damages.
1 C . tJOJ) I F I CC~ T I ON
Any Or all thesE' Restrictive CovE'nants may bE' tE'rminated
01" modified by a majority vote of the Committee. Any
amendmE'nt or modification shall be rE'corded in the Office
of the CIE'rk of the Ciycuit Court of Seminole County,
Florida. No such amendment or modification adopted shall
subject any Lot 01" Pyoperty Owney to a moye oneyous
restriction without the wyitten consent of such Propeyty
Ownf2r.
. 19. DURATION
Subject to modifications, every covenant, restyiction and
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condition contained herein shall continue in full force
and effect in perpetuity commencing with the date
hereof.
20. EFFECT OF INVALIDATION
In the event that any provision continued herein is held
to be invalid, it shall not affect the validity of any of
the remaining provisions, which shall continue in force
for the duration, including extensions, of these
Restrictive Covenants.
21. lli~3 PEJ~-r I ON
The Initial Owners of The Park and, upon its formation,
the Committee, reserve the right to enter and inspect any
of the Lots and buildings thereon in order to insure
~;~::~ . R~::: Z Df\~ I N(l
The Park is zoned for commercial (C-l) use. Each Property
Owner agrees that he will not bring any action to change
the zoning of any portion of the property without the
prior written consent of the Initial Owner.
. 23. ENFClRCEI"IENT
The failure of the Committee or Property Owners to
enforce any of these provisions shall in no event be
deemed to be a waiver of the right to enforce any or all
of these Restrictive Covenants.
24. ACCESS TCl THE CITY OF WINTER SPRINGS
The Association hereby grants to The City of Winter
Springs, access over all lots for purposes of maintenance
and repairs for sewer lines and manholes.
2~S.. AL)DENI)Llt:1
A. Notwithstanding any other provisions contained
herein, no amendments may be made to this
document without the prior approval of the City
of Winter Springs, Florida.
B. The City of Winter Springs is a third-party
beneficiary with right to legally enforce these
docwrIE~nt~~.
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C. Nothing contained herein permits or authorizes
any violations or deviations from the City Code,
City of Winter Springs, Florida.
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IN WITNESS WHEREOF, the undersigned have executed this
Declaration on the _____ day of ______________, 1989
Signed, sealed and delivered in
thf:~ pl'.i2~~t~nt~:, of
Eo Lee Muni z z i
Salvatore 8. Munizzi
STATE OF FLORIDA )
:> 55
COUNTY OF SEMINOLE )
BEFORE ME, the undersigned authority, duly authorized to
administer oaths and take acknowledgments, this day
personally appeared E. Lee Munizzi and Salvatore B. Munizzi,
fee owners of the Exci21sior Business Park, who, acknowledged
and they executed the foregoing Declaration of Restrictive
Covenants for Excelsior Business Park, Seminole County,
Winter Springs, Florida, for the purposes therein expressed,
having full authority to do so.
WITNESS my hand and official
first above written on the
seal in the County and State
day of ______________, 1989
Nc.tary Public
My Commission Expires:
':;I
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~lf?)lFl)
ENGN:ERS. INC.
rsOO W. FVI.Y'ON STREET
POStOFFlCE !lOX 191&
SA"FORO. !'LORlD.. ~'17T2.19711
Tlil. "07<l22~1 TEl. 407'831~117
FAA .407-330-0&3g
---
J a n u a ry 8. 1 990
Mr. Richard Rozansky
City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
Re: City of Winter Springs
Wastewater Package Treatment Plant Rehabilitation.
Plant No.1
CPH Project No. W0416.00
Dear Mr. Rozansky:
On Wednesday. December 6. 1989, at 2:00 p.m. a representative of
our firm was present at the bid opening for the above referenced
project. This bid included three additive bid items. No.1 is
a change of the chlorination handling system, No.2 is the
planned reuse water system, and No.3 is the sludge drying bed
improvements. Enclosed please find a copy of the bid tabulation
for the project~ The following is a recap of the base bid plus
the three additive bid items.
Con-tractor
Bid Price
$ 328,883
333,000
340.000
341,500
443,980
451,165
494,825
Florida Environmental Utility Construction Inc.
Vogan Construction Co. Inc.
Caddie Construction Co.
Q & 0 Inc.
Allen's Environmental
Sunshine Building & Development Co.
Travis Williams Construction Co.
As can be seen, the bids were very competitive. However, the
bids exceed the engineering and budgeted estimate, which is as
follows:
Base Bid $110,000
Additive Bid Item No. 1 40,000
Additive Bid Item No. 2 1 0,000
Additive Bid item No. 3 10,000
Total $170,000 -P
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~ W, FULTON SmEET
PO$'rOF"ICI; BOX 1~7ij
$.<\~fORO. FLORIDA 32772-1978
tEL .or-3:n-8841 TEL 401...,3,-&',1
"AX #40'-330-0Cl3$1
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January 8. 1990
Mr. Richard Rozansky
. Page 2
We met with you and the City Utility Staff to review the bids
received and evaluate alternatives so that the project could
proceed.
It was determined that the bids received were fair and
competitive and that the budgeted estimates were low.
We recommend acceptance of the low bid by Florida Environmental
Utility Construction, Inc. for the base bid and all three
additive bid items for a total of $328.883. It is important to
proceed with the rehabilitation of the wastewater treatment
plant because in its present state, the corrosion is
accelerating. as much of the metal is exposed to the
environment. We also believe it is important to proceed with
the project as originally planned so that the rehabilitation of
WWTP No.1 will be comparable to WWTP No.2. Award of the
entire project also keeps the responsibility with one contractor
allowing better coordination of all tasks. The low bidder is
qualified to perform the work and have provided services to the
City on Lift Station 5 and the hYdropneumatic tank replacement.
If you have any questions. please do not hesitate to call us.
. Sincerely,
& HOLMES - ENGINEERS, INC.
P.E.
1/8 Ll A
xc: Doug Taylor
Ha rry Ma rt in
Leonard Kozlov
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:k* T()TAI PAr,"F .nn;.! 'l<l
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~R~rEWRTE~ T~ERT~ENT ~LRNT
I "F'F:01,,'EMEI'rrs
CITY OF WINTE~ SPP.INGS
DECEMPER 6. 1989
FLR. t"VI "'O"MENTAL L'O(lRN CONSTRUCTI ON CADDI E RLLEN' S ENVI RON. SUNSKI NE BUI LDI HG TRRVI S IlILLI A~S
UTILITY CONST..INC. c.OMFFlr......INC. CONSTRUCTION CO. Q &. Q INC. EQUIP~ENT CO. 1& DEVE:LOf'~ENT CO. COIISrRUCnON CO.
ElID ITt~ LOMClUOOD.FLFl. SFlFET~' H"'RElOR.FLA. ~INTEI;: SFRINIlS.FLFl. ERTON f'A"'K.FLFl. LONCl~OOD.FLA. CRSSELBE~R"".FLFt. ."'LRNDO.FLFl.
---------~;~~-----------------------;~;~~-;;;~~----------;~;~~.;.~;~;-.-----..;~;~~-;;;~~---------;~;~~-;;;~~------;~;~~-;;i~~-.-----;~;;~-;;~~E--------;~~~~-;;i~E-----
;~;~-;~O;_._e______-_.__.._--------------_._-~--------_a~_~__~~_______~._____c________.____.______e__.______------------------------.-..-.-.----.-.---.-..--.-.------.-
~R$TE:URTER PACKAGE TRERr~E:NT
PLANT I REHAPILITATION <Fl COMPLETE
P~DJECT. PUT UITHOUT THE RLTERMRTE
ElIO IrE~S)
~
212218.00
1 "'70C'0. 00
:<:0<l000.00
:<:05000.00
295950.00
27('('<lO.00
~19('55.00
AOOITlVE BID 1:
CHLORINATION S....STE~ <THE RDOITIONAL
AMOUNT REQUIREO TQ COMPLETE
CHLO~INFlTION S....SrE~)
~<l9(,5.00
T<lOC>O.OO
(,9000.00
70000.00
79920.00
'9llll00.00
&2(,(,0.00
ADDITIVE BIO 2:
PLANT REUSE S....STE~ <THE ADDITIONAL
RMOUNT REQUIRED TO COMPLETE THE
FLANT REUSE SYSTEM)
ADDITIVE SID 3:
SLl'DGE ORYI NO BEOS I"PI<OlJE~ENT
(THE ADDITIONRL RMOUNT REQUIRED
TO CO~f'LETE THE SLUDGE [>1<"'1 Nil
ElI:O 1r'PIi'OVE~ENTS) S76::-5.00 <l2ClClCl.OO ~ElOOO.OO "'l:!lSCIO.OD "'l'!leoo.oo STOOO.OO ('('<lIO.OO
;~;~~-;i~;-.-...-.-------------.--------------~----~--------..------.---------------------.----..-----~.---------------------------------------------------..-.-.------
<eASE ele PLUS RDDITIUE BID
ITEMS 1, 2 RND 3) . ll~~~Elll.OO ~ll~ClOO.OO :!I"'lOOOO.OO ~"'lIS00.00 <l~~S80.00 "'l511(,S.00 "'l9~e2~.oo
_.______~______._____._____________._____.__.=~_....___._________~.=_.___~___r_________._________.__________-------------------------------------------------------~---
2:!18.;5.00
.~oo"o. 00
~OOOO.OO
2ll000.00
lalll0.00
2<l1li225.00
~(,~OO.oo