HomeMy WebLinkAbout1997 01 02 Regular Item D
,CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327.1800
Community Development
PLANNING & ZONING BOARD
REGULAR AGENDA ITEM:
E. STONE GABLE MASTER PUD MASTER PLAN
STAFF REPORT:
[ See attached ]
"
"
PLANNING AND ZONING BOARD
REGULAR AGENDA, ITEM E
February 19. 1997
(Meeting)
REQUEST: Land Development Coordinator requesting recommended approval of the Stone
Gable Master PUD Master Plan to the City Commission.
PURPOSE: The purposed of this Board Item is to recommend approval of the Master Plan for
the Stone Gable PUD. This property is located on the south side of SR 434, to the
immediate west of the' DOT retention pond, west of Winding Hollow Boulevard.
APPLICABLE CODE:
Section 20-381. Procedure for approval of a planned unit development.
The procedure for obtaining approval of a PUD zoning classification shall be as
follows:
(1) .....
(2) .....
(3) .....
(4) Planning and zoning board review. The planning and zoning board shall
review the master plan and the staff recommendations and propose any
suggested revisions to the plan. The applicant shall be invited to attend this
review meeting.....
.f
(Note: Items 1,2 and 3 have already been fulfilled. There is no need to
schedule a Public Hearing as that portion omitted in Item 4 would require.
The property has already been rezoned.)
Section 20-382. Master Plan
The master plan, consisting of properly identified exhibits and supporting
materials, shall clearly indicate the following:
(I) The name, location, legal description, acreage and type ofPUD.
February 19, 1997
P&Z Regular Agenda Item E
Stone Gable POO Master Plan
Page 2
(2) Identification of present owners and developers of all land included in the
development and the identification of the principal planners and engineers involved
in the preparation of the master plan. Identification shall consist of the name of the
individual, organization employing the individual and the address and phone
number of the organization.
(3) A vicinity map indicating the relationship between the POO and its
surrounding area, including adjacent streets, thoroughfares and development
within a two-hundred foot radius of the property line at a scale of one (1) inch to
one thousand (1,000) feet.
(4) The existing land use and zoning of the adjacent property and all contiguous
property and all contiguous property.
(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 Seminole County indicating the location of ex.isting soil types and a brief
description of the development capabilities and water capacities of each soil type.
(7) An aerial photo showing existing vegetation will be required at a scale of one
(I) 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 the
appropriate section of chapter 9 of this Code.
(8) A proposed land use plan of the subject property including but not limited to
the following items:
a. The location of all streets and highways proposed in the development, and
the general location of all access points to abutting arterials and highways.
February 19, 1997
P&Z Regular Agenda Item E
Stone Gable PUD Master Plan
Page 3
b. Identification of all existing major road setbacks and proposed right-of-way
widths.
c. 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 net residential acre.
d. Each commercial or industrial area according to the location, type, acreage,
and proposed square footage of impervious surface which shall not exceed
sixty-five (65) percent of the total commercial or industrial acreage.
e. All public and semipublic uses (schools, common open space, and
recreational areas, etc.) according to location, type, acreage and square
footage of impervious surface which shall not exceed fifty (50) percent of
the total acreage.
(9) The proposed maximum height of all buildings and structures.
j
(l0) The priority and phasing of the development, in map form and narrative form,
and the manner in which each phase of the development can exist as an
independent unit capable of creating an environment of sustained desirability and
stability. Recreational facilities and other development facilities and amenities shall
be specifically delineated in this phasing plan.
(11) The proposed method of providing all necessary road improvements, water
and sanitary sewer services, stormwater management systems, power and
communication systems, and fire protection.
(12) All exhibits must indicate the title, date of submittal, and dates of any
subsequent revisions and be at a graphic scale of one (1) inch per two hundred
(200) feet.
February 19, 1997
~
P&Z Regular Agenda Item E
Stone Gable PUD Master Plan
Page 4
(13) 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 denial of the application.
(14) A preliminary draft of declarations of covenants, conditions, and restrictions
must be submitted including, but not limited to, the following items:
a. Articles of incorporation for the homeowners' association.
b. Bylaws of the corporation.
c. The relationship of the association of the subdivisions to the master PUD
association.
d. Dues, fees, maintenance of common areas, architectural guidelines, etc.
CHRONOLOGY:
September 23, 1996
- Commission approved the Leffler and Morrison
Development Agreement for this property
October 14,1996
- Ordinances Numbered 626, 627629 and 630 changing
the Land Use from "Commercial" to "Mixed use" and
the zoning from "Rural Urban" to "Planned Unit
Development"
.f
January 2, 1997
- City receipt of Master Plan
January 22, 1997
- Staff Review of Master Plan
CONCLUSION:
The Staff, at their meeting of January 22, 1997, found that the Master Plan met all
Code requirements.
February 19, 1997
P&Z Regular Agenda Item E
Stone Gable PUD Master Plan
Page 5
RECOMMENDA nON:
It is recommended that the Planning and Zoning Board recommend that the
Stone Gable PUD Master Plan be forwarded to the Commission for approval.
ATTACHMENTS:
Leffler and Morrison Development Agreement
Articles ofIncorporation
Bylaws
Declaration of Covenants, Conditions and Restrictions
Master Plan
.f
DEVELOPMENT AGREEMENT
This Agreement, entered into between the City of Winter Springs, Florida (hereinafter
sometimes referred to as the "City") and Leffler Company (hereinafter sometimes referred to as
the "Owner").
WHEREAS Owner has property located on the south side of State Road 434 within the
City Limits of the City of Winter Springs and which is described on Exhibit "A" attached hereto
and by this reference incorporated herein, and
WHEREAS, Owner has filed an application with the City which revises and supersedes the
current Future Land Use Map and Comprehensive Land Use Plan designation from Commercial
to Mixed Use for said property, and
WHEREAS, Owner shall file an application with the City which revises and supersedes the
current Zoning designation from Rural Urban (R-U) to Planned Unit Development (PUD), and
WHEREAS, the Owner is desirous of developing the property, or entering into an
agreement with a third party (hereinafter sometimes referred to as the "Developer"), to develop
the Property.
WHEREAS, the First Reading of Ordinance
and the Second Reading and Public Hearing for Ordinance
1996.
was held on September 9, 1996
was held on September 23,
NOW THEREFORE, it is hereby ORDERED AND RESOLVED by the City Commission
of the City of Winter Springs, Florida, that the property referred to as the LEFFLER PROPERTY
(hereinafter sometimes referred to as "Property"), be designated on the Future Land Use Map and
in the Comprehensive Land Use Plan as Mixed Use subject to the following terms and
conditions:
.'
I. LEGAL DESCRIPTION:
See Exhibit "A"
II. FINDING OF FACTS:
The property consists of the following:
Total Acreage:
is.! Acres
Land Use:
The property may be developed as a residential
community with non-residential uses described
herein.
III. CITY OF WINTER SPRINGS CONDITIONS OF APPROVAL:
I. Comprehensive Land Use Plan Amendment / Effective Date
The effective date of this Development Agreement shall be the date on which the
Comprehensive Land Use Amendment is approved consistent with uses described in
Section III(2) of this Development Agreement. The Development Agreement shall be
recorded with the County Clerk of Seminole County within ten (10) days after
execution by the Mayor of the City of Winter Springs.
2. Development of the Property
The Property shall be developed as a residential community as described in the City of
Winter Springs Code of Ordinances, effective April 24, 1989, Division 3, Part B,
Planned Unit Development with non-residential land uses as described in the City of
Winter Springs Code of Ordinances, effective April 24, 1989, Division 7. C-I
Neighborhood Commercial Districts, Section 20.232, Uses Permitted. Specifically, the
westerly 95.07 fe,et of the northern 200.00 feet will be developed as non-residential
consistent with the C-I permitted uses with the balance developed as residential as
shown on Exhibit "8", attached hereto.
In the event the Property is developed in combination with contiguous properties, the
resulting community will be developed in a fashion which coordinates services, access
and stormwater management systems to the greatest extent possible.
3.
Wetlands
.;.
Any existing wetlands or other areas which fall within the jurisdiction of the Florida
Department of Environmental Protection (FDEP), St. Johns River Water Management
District (SJRWMD), or the US Army Corps of Engineers (ACOE) shall be subject to
the applicable rules and regulations of those respective agencies.
4.
Fire and Police Public Safety Facilities Impact Fees
Applicants for building permits within the Property shall comply with the City of
Winter Springs Impact Fee Ordinances, as they may from time to time be amended,
imposing impact fees for fire and police public safety facilities.
5. Transportation
a) Applicants for building permits within the Property shall comply with the City of
Winter Springs Road Impact Fee Ordinance, as it may from time to time be amended,
imposing impact fees for transportation improvements.
b) The City shall aggressively assist Owner with obtaining approval from Florida
Department of Transportation (FDOT) for a full median opening at the northwest
comer of the Property. The costs for permitting and construction are to be borne by the
Developer.
c) The cost of all street signs and traffic control signs and devices located within the
Property, shall be borne by the Owner or Developer.
d) The Owner or Developer of the Property shall install a six (6) foot split face
concrete wall on the north side of the property, specifically along the State Road 434
right of way adjacent the residential portion of the Property and separating the
commercial site from the residential portion of the property (on the north side of the
property) .
6. Buildinli Restrictions
a) Residential Areas:
I. Minimum lot size of residential sites within the Property shall be 50' X 110'.
2. Building setbacks shall be:
...'
Front:
Side:
Rear:
Side Street:
20 Feet
5 Feet
20 Feet
15 Feet
3. Maximum residential impervious surface ratio per lot for principal and
accessory buildings shall be 60%.
4. Maximum residential building height shall be 2 stories (maximum 35 feet).
S. Minimum residential floor area shall be 1,200 square feet. (If a 2 story
residence is built, the first floor shall not be less than 900 square feet.)
b) Non-residential Area
1. Non-residential areas shall be limited to those uses permitted in the C- I zoning
designation. Setbacks, floor area ratios, and other development standards wil!
be addressed at the time of Preliminary EngineeringIFinal Development Plan
approval.
2. Parking spaces for non-residential area shall be 10' x 20' unless otherwise
approved in the City's State Road 434 Corridor LDRs. Handicap spaces shall be
provided per State guidelines.
3. Non-residential areas will be planned and phased to provide for safe pedestrian
access from adjacent properties.
4. Impervious coverage shall not exceed 70% for principal and accessory buildings
and parking on non-residential parcels.
5. Non-residential building height limitation shall be 35'.
7. Open Space
a) Open space will be provided at a minimum of 20% of gross area with 5% reserved
for utilities.
b) AI! areas lying outside primary and accessory buildings will be counted toward
open space requirements, including entranceways, storm water management areas,
yards, lot landscaped areas, and easements.
8.
Landscaping- Buffers
.,
A 10' landscape easement shall be provided where residential abuts commercial. The
10' landscape easement will be located on the non-residential parcel. A 15' landscape
buffer easement shall be provided adjacent State Road 434.
9.
Development Plans
a) For the duration of this Agreement except as otherwise provided for herein all
development plans and standards will meet the regulations and policies of the City of
Winter Springs in effect at the time of execution of this Development Agreement.
b) Where there may be a conflict between this Development Agreement and City of
Winter Springs development regulations, this Development Agreement shall prevail.
c) The PUD Zoning application on the subject property shall conform to these
standards. The City acknowledges the Developer's right to develop the property
consistent with these standards.
d) Developer acknowledges its obligation to develop/construct all improvements on
said property in accordance with all applicable City codes modified pursuant to State of
Florida Statute 163.3233 and Federal laws as they may from time to time be amended
unless specifically modified herein.
10. Parks and Recreation
No onsite park or recreation facilities will be required of the development. The City of
Winter Springs park system adequately serves this area.
I I. Water and Sewer
a) The City of Winter Springs shall provide central sanitary sewer collection and
treatment for the site. The Owner or Developer will pay customary costs necessary or
required in connection with such service.
b) The City of Winter Springs shall provide potable water service to the site. The
Owner or Developer will pay customary costs necessary or required in connection with
such service.
12. Homeowners Association
A mandatory homeowners association will be formed to provide a responsible entity to
maintain all common areas.
.r
IV.
PERIOD OF EFFECTIVENESS AND COMPLIANCE DATE:
This Development Agreement shall take effect upon City Commission approval of the
Comprehensive Land Use Plan Amendment and shall remain in effect for a period of
five (5) years from the date of execution.
This Development Agreement shall be binding upon all successors in interest to the
parties of the Agreement.
The effectiveness of this Development Agreement may be extended upon City
Commission approval.
V. LAND USE ZONING AND DEVELOPMENT REGULATION APPROVALS:
The development of the project must comply with the conditions of the Development
Agreement. In the event a development requirement, permit, condition, term or
restriction is not addressed in this Agreement, the development will comply with the
zoning ordinance, land development code and subdivision regulations in effect as of the
adoption of this Agreement.
VI. CONSISTENCY:
The City finds this Development Agreement and its terms and conditions consistent
with the City's Comprehensive Land Use Plan and its Land Development Regulations.
VII. REMEDIES'
A party who breaches this Agreement shall not be liable for monetary damages, but
subject only to injunctive relief or other equitable relief. Any dispute which may arise
under this Agreement shall be submitted for determination by Voluntary Binding
Arbitration in accordance with provisions of Section 44. I 04, Florida Statutes, and
Florida Rule of Civil Procedure 1.830. However, the prevailing party in any such
proceeding or legal action shall be entitled to recover costs, including reasonable
attorney's fees, against the non-prevailing party, all as determined by the presiding
judge.
This Agreement is subject to the provisions of Florida Statute 163.3235, and 163.3241, providing
for periodic review, and modification or revocation of a development agreement to comply with
subsequently enacted state and federal law. This Development Agreement is also subject to
Florida Statute 163.3233 regarding the local laws and policies governing a development
agreement.
ADOPTED by the City of Winter Springs this
day cif
,1996.
IN WITNESS WHEREOF, the Developer and the City have executed this Development
Agreement as of the day and year approved and accepted by the City.
LEFFLER COMPANY
BY:
Sworn to and subscribed before me this
day of
, 1996, by
who is personally known to me or who produced
as identification.
CITY OF WINTER SPRINGS
BY:
Sworn to and subscribed before me this
day of
, 1996, by
who is personally known to me or who produced
as identification.
PP300SA
..
EXHIBIT "A"
LEGAL DESCRIPTION
(LEFfLER PARCEL)
DESCRIPTION:
Th2.t pOiLioil of Lot !If", CH.A.SE A...l\'D C01vfPA...NY'S SUBDIVISION OF
W AGi'rER, 2.ccording to the plat thereof as recorded in PI2.t Book 6, Page 64
of the Public Records of Seminole County, Florida, described as follows:
BEGIN at the Southwest corner of said Lot !IF" .2.nd run N 07000'49" W
2.long the West line of S2.id Lot "F" for a distance of 822.14 feet to.a point
Oil the South Right-of-Way line of St2.te Road 434 2.S described in Offici2.1
Records Book 2803, Page' 1023 of said Public Records; thence run
N 83053' 17" E along s2.id Right-of-W2.Y line for 2. distaIlce of 694.14 feet to
2. point on the West line of Parcel 1 05-W2.ter Retention Area, 2.S described 1.1
Official Records Book 2803, Page 1023 of s'2.id Public Records; thence run
S 07001'30" E dong s2.id line for a distance of 822,14 feet to a point on the
South line of said Lot "F"; thence run S 83053' 16" W along s2.id line for a
dist~"1ce of 694.30 feet to the POINT OF BEGIN1\lJNG.
LESS:
Th2.t portion of Lot "F", CH.A.SE A...ND C01vfPA...1\ry'S SUBDIVISION OF
W AG1\TER, according to th~ plat thereof as recorded in Plat Book 6, Page 64
of the Public Records of Seminole County, Flo"rida, described as follows:
j
BEGIN 2.t the Southwest corner of said Lot "F" and run N OrOO'49" W
along the West line of said Lot "F" for a distance of 822.14 feet to' a point
on the South Right-of-Way line of State Road 434 as described in Official
Records Book 2803, Page 1023 of said Public Records; thence run
N 83053' 17" E along said Right-of-Way line for a distance of 264.93 feet;
thence run S 07000'49" E for a distance of 822.14 feet to a point on the
South line of said Lot "F"; thence run S 83053'16" W along said line for a
distance of264.93 feet to tfie POINT OF BEGINNING.
Containing 8, I 0 I acres more or less and being subject to any rights-of-way,
restrictions and easements of record.
EXHIBIT wSw
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DEVELOPMENT AGREEMENT
This Agreement, entered into between the City of Winter Springs, Florida (hereinafter
sometimes referred to as the "City") and William H. Morrison, Trustee (hereinafter sometimes
referred to as the "Owner").
WHEREAS Owner has property located on the south side of State Road 434 within the
City Limits of the City of Winter Springs and which is described on Exhibit "A" attached hereto
and by this reference incorporated herein, and
WHEREAS, Owner has filed an application with the City which revises and supersedes the
current Future Land Use Map and Comprehensive Land Use Plan designation from Commercial
to Mixed Use for said property, and
WHEREAS, Owner shall file an application with the City which revises and supersedes the
current Zoning designation from Rural Urban (R-U) to Planned Unit Development (PUD), and
WHEREAS, the Owner is desirous of developing the property, or entering into an
agreement with a third party (hereinafter sometimes referred to as the "Developer"), to develop
the Property.
WHEREAS, the First Reading of Ordinance
and the Second Reading and Public Hearing for Ordinance
1996.
was held on September 9, 1996
was held on September 23,
NOW THEREFORE, it is hereby ORDERED AND RESOLVED by the City Commission
of the City of Winter Springs, Florida, that the property referred to as the MORRISON
PROPERTY (hereinafter sometimes referred to as "Property"), be designated on the Future Land
Use Map and in the Comprehensive Land Use Plan as Mixed Use subject to the following terms
and conditions:
.'
I. LEGAL DESCRIPTION:
See Exhibit "A"
II. FINDING OF FACTS:
The property consists of the following:
Total Acreage:
+/-5.0 Acres
Land Use:
The property may be developed as a residential
community with non-residential uses described
herein.
III. CITY OF WINTER SPRINGS CONDITIONS OF APPROVAL:
I. Comprehensive Land Use Plan Amendment I Effective Date
The effective date of this Development Agreement shall be the date on which the
Comprehensive Land Use Amendment is approved consistent with uses described in
Section 1II(2) of this Development Agreement. The Development Agreement shall be
recorded with the County Clerk of Seminole County within ten (10) days after
execution by the Mayor of the City of Winter Springs.
2. Development of the Property
The Property shall be developed as a residential community as described in the City of
Winter Springs Code of Ordinances, effective April 24, 1989, Division 3, Part B,
Planned Unit Development with non-residential land uses as described in the City of
Winter Springs Code of Ordinances, effective April 24, 1989, Division 7. C-I
Neighborhood Commercial Districts, Section 20.232, Uses Permitted. Specifically, the
northern 200.00 feet of the property's 264.93 foot width will be developed as follows:
The western 60 feet as an access road serving both commercial and residential
development and the eastern 204.93 feet as non-residential consistent with the C-l
permitted uses with the balance developed as residential as shown on Exhibit "B",
attached hereto.
In the event the Property is developed in combination with contiguous properties, the
resulting community will be developed in a fashion which coordinates services, access
and stormwater management systems to the greatest extent possible.
./
3. Wetlands
Any existing wetlands or other areas which fall within the jurisdiction of the Florida
Department of Environmental Protection (FDEP), St. Johns River Water Management
District (SJRWMD), or the US Army Corps of Engineers (ACOE) shall be subject to
the applicable rules and regulations of those respective agencies.
4. Fire and Police Public Safety Facilities Impact Fees
Applicants for building permits within the Property shall comply with the City of
Winter Springs Impact Fee Ordinances, as they may from time to time be amended,
imposing impact fees for fire and police public safety facilities.
5. Transportation
a) Applicants for building permits within the Property shall comply with the City of
Winter Springs Road Impact Fee Ordinance, as it may from time to time be amended,
imposing impact fees for transportation improvements.
b) The City shall aggressively assist Owner with obtaining approval from Florida
Department of Transportation (FDOT) for a full median opening at the northwest
corner of the Property. The costs for permitting and construction are to be borne by the
Developer.
c) The cost of all street signs and traffic control signs and devices located within the
Property, shall be borne by the Owner or Developer.
d) The Owner or Developer of the Property shall install a six (6) foot split face
concrete wall on the north side of the property, specifically along the State Road 434
right of way adjacent the residential portion of the Property and separating the
commercial site from the residential portion of the property (on the north side of the
property).
6. Building Restrictions
a) Residential Areas:
I. Minimum lot size of residential sites within the Property shall be 50' X 110'.
2. Building setbacks shall be:
Front:
Side:
Rear:
Side Street:
20 Feet
5 Feet
20 Feet
15 Feet
3. Maximum residential impervious surface ratio per lot for principal and
accessory buildings shall be 60%.
4. Maximum residential building height shall be 2 stories (maximum 35 feet).
5. Minimum residential floor area shall be 1,200 square feet. (If a 2 story
residence is built, the first floor shall not be less than 900 square feet.)
b) Non-residential Area
I. Non-residential areas shall be limited to those uses permitted in the C-l zoning
designation. Setbacks, floor area ratios, and other development standards will
be addressed at the time of Preliminary EngineeringlFinal Development Plan
approval.
2. Parking spaces for non-residential area shall be 10' x 20' unless otherwise
approved in the City's State Road 434 Corridor LDRs. Handicap spaces shall be
provided per State guidelines.
3. Non-residential areas will be planned and phased to provide for safe pedestrian
access from adjacent properties.
4. Impervious coverage shall not exceed 70% for principal and accessory buildings
and parking on non-residential parcels.
5. Non-residential building height limitation shall be 35'.
7. Open Space
a) Open space will be provided at a minimum of 20% of gross area with 5% reserved
for utilities.
b) All areas lying outside primary and accessory buildings will be counted toward
open space requirements, including entranceways, stormwater management areas,
yards, lot landscaped areas, and easements.
8.
Landscapinl? Buffers
.'
A 10' landscape easement shall be provided where residential abuts commercial. The
10' landscape easement will be located on the non-residential parcel. A 15' landscape
buffer easement shall be provided adjacent State Road 434.
9.
Development Plans
a) For the duration of this Agreement except as otherwise provided herein all
development plans and standards will meet the regulations and policies of the City of
Winter Springs in effect at the time of execution of this Development Agreement.
b) Where there may be a conflict between this Development Agreement and City of
Winter Springs development regulations, this Development Agreement shall prevail.
"
c) The PUD Zoning application on the subject property shall conform to these
standards. The City acknowledges the Developer's right to develop the property
consistent with these standards.
d) Developer acknowledges its obligation to develop/construct all improvements on
said property in accordance with all applicable City codes modified pursuant to State of
Florida Statute 163.3233 and Federal laws as they may from time to time be amended
unless specifically modified herein.
10. Parks and Recreation
No onsite park or recreation facilities will be required of the development. The City of
Winter Springs park system adequately serves this area.
I I. Water and Sewer
a) The City of Winter Springs shall provide central sanitary sewer collection and
treatment for the site. The Owner or Developer will pay customary costs necessary or
required in connection with such service.
b) The City of Winter Springs shall provide potable water service to the site. The
Owner or Developer will pay customary costs necessary or required in connection with
such service.
12. Homeowners Association
A mandatory homeowners association will be formed to provide a responsible entity to
maintain all common areas.
.-
IV.
PERIOD OF EFFECTIVENESS AND COMPLIANCE DATE:
This Development Agreement shall take effect upon City Commission approval of the
Comprehensive Land Use Plan Amendment and shall remain in effect for a period of
five (5) years from the date of execution.
This Development Agreement shall be binding upon all successors in interest to the
parties of the Agreement.
The effectiveness of this Development Agreement may be extended upon City
Commission approval.
V. LAND USE ZONING AND DEVELOPMENT REGULA nON APPROVALS:
The development of the project must comply with the conditions of the Development
Agreement. In the event a development requirement, permit, condition, term' or
restriction is not addressed in this Agreement, the development will comply with the
zoning ordinance, land development code and subdivision regulations in effect as of the
adoption of this Agreement.
VI. CONSISTENCY:
The City finds this Development Agreement and its terms and conditions consistent
with the City's Comprehensive Land Use Plan and its Land Development Regulations.
VII. REMEDIES:
A party who breaches this Agreement shall not be liable for monetary damages, but
subject only to injunctive relief or other equitable relief. Any dispute which may arise
under this Agreement shall be submitted for determination by Voluntary Binding
Arbitration in accordance with provisions of Section 44. I 04, Florida Statutes, and
Florida Rule of Civil Procedure 1.830. However, the prevailing party in any such
proceeding or legal action shall be entitled to recover costs, including reasonable
attorney's fees, against the non-prevailing party, all as determined by the presiding
judge.
This Agreement is subject to the provisions of Florida Statute 163.3235, and 163.3241, providing
for periodic review, and modification or revocation of a development agreement to comply with
subsequently enacted state and federal law. This Development Agreement is also subject to
Florida Statute 163.3233 regarding the local laws and policies governing a development
agreement.
.f
ADOPTED by the City of Winter Springs this
day of
,1996.
IN WITNESS WHEREOF, the Developer and the City have executed this Development
Agreement as of the day and year approved and accepted by the City.
BY:
WILLIAM H. MORRISON, Trustee
Sworn to and subscribed before me this
day of
,1996, by
who is personally known to me or who produced
as identification.
CITY OF WINTER SPRINGS
BY:
Sworn to and subscribed before me this
day of
,1996, by
who is personally known to me or who produced
as identification.
PP3006A
"
EXHIBIT "A"
LEGAL DESCRIPTIO:\"
(CvfORRlSON PARCEL)
DESCRlPTION:
Th::.t portion of Lot "t", CH..A.SE A..ND COM:PA..l\,ry'S .SUBDIVISION OF
\V AG0.'ER, ::.ccording to the pl::.t thereof::.s recorded in Pht Book 6, Page 64
of the Public Records of Seminole County, Florid::., described ::.s fo11o",s:
BEGIN ::.t t.':1e South\vest comer 'of s::.id Lot "F" a11d mn N 07000'49" W
::.long the West line of s2.id Lot "F" for::. distance of 822 .14 feet to' a poL'1t
OD. t.0.e South Ri~ht-of-W::.y line of St::.te Ro::.d 434 ::.s described i..'1 O.Liici2.l
Records" Book.2803, P::.ge 1023 of s::.id Public Records; thence rLl.:.,!-
N 83c53'17~'.E ::.!ong s::.id Ri~0.t-of-W2.Y li..rle for c. dista..'1ce of 264.93 feet;
,>:;:~heDse run S 07000'49" E for.::. dist::.nce of 822,14 feet to 2. poL'1t on the
~~1-)outh line of s::.id Lot "F'" thence mn S 83053'16" W ::.lon" 52.id line for c.
-.- . , - -
distc.nee of264,93 feet to t.0.e POTI\rr OF BEGTI\Tf\'lNG.
Cont::.Lni'1g 5,000 ::.cres more or less ~'1d beLcig subject to ~'1y ri~ht5-of-v..::.y,
rest.-ictions ~'"1d e2.sements of record. .
.'
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ARTICLES OF INCORPORATION
.QE
STONE GABLE PROPERTY OWNERS ASSOCIATION, INC.
In
compliance
wi th the
requirements
of
Florida
Statutes, Chapter 617, the undersigned, all of whom are residents
of the State of Florida and all of whom are of full age, have
this day voluntarily associated themselves together for the
purpose of forming a corporation, not for profit, and do hereby
certify:
ARTICLE I
The name of the corporation is STONE GABLE PROPERTY
OWNERS ASSOCIATION, INC. (hereafter called the "Association").
ARTICLE II
The principal office of the Association is located at
861 Douglas Avenue, Altamonte Springs, Florida, 32714,
ARTICLE III
Dana A. Bennett, whose address is 861 Douglas Avenue,
Altamonte Springs, Florida 32714, is hereby appointed the initial
registered agent of this Association.
ARTICLE IV
DEFINITIONS
Unless otherwise provided herein to the contrary, all terms
and words utilized herein shall be as defined in that certain
Declaration of Covenants,
Conditions and Restrictions
for
, Seminole County, Florida dated
199
and recorded or to be recorded in the Public Records of Seminole
County, Florida (the "Declaration").
....,....."....,;
ARTICLE V
PURPOSE AND POWERS OF THE ASSOCIATION
This Association does not contemplate pecuniary gain or
profit to the Members thereof, and the specific purposes for
which it is formed are to provide for maintenance, preservation
and architectural control of the Lots, Dwelling Units, and Common
Area within that certain tract of land more particularly
described in the Declaration and to promote the health, safety
and welfare of the residents within the Property and any
additions thereto as may hereafter be brought within the
jurisdiction of this Association and for this purpose to:
(a) Exercise all of the powers and privileges and
to perform all of the duties and obligations of the Association
as set forth in the Declaration as the same may be amended from
time to time as therein provided, said Declaration being
incorporated herein as if set forth at length;
(b) Fix, levy, collect and enforce payment by any
lawful means, all charges or assessments pursuant to the terms of
the Declaration; to pay all expenses in connection therewith and
all office and other expenses incident to the 'conduct of the
business of the Association, including all licenses, taxes or
governmental charges levied or imposed against the property of
the Association;
-2-
."_""" -. '-. ~"""""""'."""_""""""
(c) Acquire (by gift, purchase or otherwise),
own, hold improve, build upon, operate, maintain, convey, sell,
lease, transfer, dedicate for public use or otherwise dispose of
real or personal property in connection with the affairs of the
Association;
(d) Borrow money, and with the assent of two-
thirds (2/3rds) of each class of Members mortgage, pledge, deed
in trust, or hypothecate any or all of its real or personal
property as security for money borrowed or debts incurred;
(e) Dedicate, sell or transfer all or any part of
the Common Area to any public agency, authority, or utility for
such purposes and subject to such conditions as may be agreed to
by the Members. No such dedication or transfer shall be effec-
tive unless an instrument has been signed by two-thirds (2/3rds)
of each class of Members, agreeing to such dedication, sale or
transfer;
.;.
(f) Participate in mergers and consolidations
with other nonprofit corporations organized for the same purposes
or annex additional residential property and Cornman Area,
provided that any such merger, consolidation or annexation shall
have the assent of two-thirds (2/3rds) of each class of Members;
(g) Operate, maintain and manage the surface
water or stormwater management system in a manner consistent with
the applicable St. Johns River Water Management District permit
-3-
requirements and applicable District rules, and assist in the
enforcement of the restrictions and covenants contained therein.
(h) Fix, levy, collect and enforce against members
payment of assessments adequate for the costs of maintenance and
operation of the surface water or stormwater management system,
including but not limited to, work within retention areas,
drainage structures and drainage easements.
(i) Have and exercise any and all powers, rights
and privileges which a corporation organized under the nonprofit
corporation law of the State of Florida by law may now or
hereafter have or exercise.
ARTICLE VI
MEMBERSHIP
Every Owner of a Lot which is subject to assessment by
the Association, including contract sellers, shall be a Member of
the Association.
The foregoing is not intended to include
persons or entities who hold an interest merely as security for
the
performance
of
an obligation.
'Membership
shall
be
"
appurtenant to and may not be separated from ownership of any Lot
which is subject to assessment by the Association.
"
-4-
ARTICLE VII
MEETING OF MEMBERS: OUORUM REOUIREMENTS
The presence at any meeting of Members entitled to cast or
of proxies entitled to cast, one- third (1/3) of the votes shall
constitute a quorum for any action except as otherwise provided
in these Articles of Incorporation, the Declaration or the
Bylaws.
ARTICLE VIII
VOTING RIGHTS
The Association shall have two (2) classes of voting
membership:
Class A. Class A Members shall be all Owners,
with the exception of the Declarant and Builder, and shall be
entitled to one (1) vote for each Lot owned. When more than one
person holds an interest in any Lot, all such persons shall be
Members. The vote for such Lot shall be exercised as they
determine, but in no event shall more than one (1) vote be cast
with respect to any Lot.
.r'
Class B. The Class B Member(s) shall be the
Declarant and Builder, and shall be entitled to three (3) votes
for each Lot owned. The Class B membership shall cease and be
converted to Class A membership on the happening of either of the
following events, whichever occurs earlier:
-5-
(a) When the total votes outstanding in the
Class A membership. equal the total votes outstanding in the
Class B membership; or
(b) On January 1, 2006.
From and after the happening of these events, whichever
occurs earlier, the Class B Members shall be deemed Class A
Members entitled to one (1) vote for each Lot in which they hold
the interest required for membership.
ARTICLE IX
BOARD OF DIRECTORS
The affairs of this Association shall be managed by a
Board of three (3) Directors, who need not be Members of the
Association. The number of directors may be changed by amendment
of the Bylaws of the Association. The names and addresses of the
persons who are to act in the capacity of directors until the
selection of their successors are:
llaME:.
ADDRESS
Dana A. Bennett
861 Douglas Avenue
Altamonte Springs, FL 32714
.,;/
William S. Orosz, Jr.
861 Douglas Avenue
Altamonte Springs, FL 32714
Jerry Steakley
861 Douglas Avenue
Altamonte Springs, FL 32714
-6-
At the first annual meeting the Members shall elect one
director for a term of one year, one director for a term of two
years and one director for a term of three years; and at each
annual meeting thereafter the Members shall elect one director
for a term of three years.
ARTICLE X
DISSOLUTION
The Association may be dissolved with the assent given
in writing and signed by not less than two-thirds (2/3rds) of
each class of Members.
Upon dissolution of the Association,
other than incident to a merger or consolidation, the assets of
the Association shall be dedicated to an appropriate public
agency to be used for purposes similar to those for which this
Association was created.
In the event that such dedication is
refused acceptance, such assets shall be granted, conveyed and
assigned to any nonprofit corporation, association, trust or
other organization to be devoted to such similar purposes.
In the event of termination, dissolution or final
liquidation of the Association,
the responsibility for the
.;
operation and maintenance of the surface water or stormwater
management
system must be transferred to
and accepted by an
"
entity which would comply with Section 40C-42.027, F.A.C., or any
successor provision, and be approved by the St. Johns River Water
Management District prior to such termination, dissolution or
liquidation.
-7-
ARTICLE XI
DURATION
The corporation shall exist perpetually.
ARTICLE XII
INCORPORATOR
The names and addresses of the incorporator is as follows:
Dana A. Bennett
861 Douglas Avenue
Altamonte Springs, FL 32714
ARTICLE XIII
AMENDMENTS
Amendment of these Articles shall require the assent of
seventy-five percent (75%-) of each class of Members.
Amendment
of these Articles may be proposed by the Board of Directors and
shall be voted on at a Special Meeting of the membership duly
called for that purpose, or at an annual meeting of the
membership; provided, however, the foregoing requirement as to a
meeting of the membership shall not be construed to prevent the
Members from waiving notice of a meeting;. provided further, . if
./ Members (and/or persons holding valid proxies) with not less than
seventy-five percent (75%) of the votes of each class of members
sign a written consent manifesting their intent that an Amendment
to these Articles be adopted, then such Amendment shall thereby
be adopted as though proposed by the Board of Directors and voted
on at a meeting of the membership as hereinabove provided.
-8-
ARTICLE XIV
BYLAWS
The Bylaws of this Association shall be adopted by the Board
of Directors and may be altered, amended, or rescinded by a
majority vote of a quorum of each class of Members voting in
person or by proxy, except that the Federal Housing
Administration or the Veterans Administration shall have the
right to veto amendments while there is a Class B membership.
ARTICLE XV
FHA/VA APPROVAL
As long as there is a Class B membership, the following
actions will require the prior approval of the Federal Housing
Administration or the Veterans Administration: annexation of
additional properties, mergers and consolidations, mortgaging of
Common Area, dedication of Common Area, dissolution and amendment
of these Articles.
.,P
ARTICLE XVI
INDEMNIFICATION
Subject to and consistent with the requirements and
procedures for such indemnification under the applicable
provisions of the Florida Statues, the Association shall defend,
indemnify and hold harmless any person who was or is a party or
-9-
is threatened to be made a party to any threatened, pending or
contemplated action, suit or proceeding (other than an action by
or in the right of the Association), whether civil, criminal,
administrative or investigative, by reason of the fact that he is
or was a director, employee, officer, committee member or agent
of the Association, from and against any and all liabilities,
expenses (including attorneys' and paralegals' fees and for all
stages prior to and in connection with any such action, suit or
proceeding, including all appellate proceedings), judgments,
fines and amounts paid in settlement as long as actually and
reasonably incurred by him in connection with such action, suit
or proceeding, including any appeal thereof, if he acted in good
faith and in a manner he reasonably believed to be in, or not
opposed to, the best interest of the Association and, with
respect to any criminal action or proceeding, had no reasonable
cause to believe this conduct was unlawful, except that no
indemnification shall be made in respect of any claim, issue or
matter as to which such person shall have been adjudged to be
liable for gross negligence or misfeasance or malfeasance in the
performance of his duty to the Association, unless and only to
the extent that the court in which such action or suit was
brought shall determine upon application that despite the
adjudication of liability, but in view of all of the
circumstances of the case, such person is fairly and reasonably
entitled to indemnity for such expenses which such court shall
deem proper. The termination of any action, suit or proceedings
by judgment, order, settlement, conviction or upon a plea of llQ1Q
-10-
contRnderR or its equivalent shall not, of itself, create a
presumption that the person did not act in good faith and in a
manner which he reasonably believed to be in or not opposed to
the best interest of the Association, and with respect to any
criminal action or proceeding, had reasonable cause to believe
that his conduct was unlawful.
IN WITNESS WHEREOF, for the purpose of forming this
corporation under the laws of the State of Florida, the
undersigned, constituting the incorporator of this Association,
has executed these Articles of Incorporation this _ day of
, 199 .
Dana A. Bennett
STATE OF FLORIDA
SS.
COUNTY OF
this
is
The foregoing
day of
personally
instrument
was acknowledged before me
1996, by Dana A. Bennett, who
me or has produced
,as
known to
identification.
"
"
(Notary Signature)
(NOTARY SEAL)
(Notary Name Printed)
NOTARY PUBLIC
Commission No.
-11-
"
REGISTERED AGENT CERTIFICATE
In pursuance of the Florida General Corporation Act,
the following is submitted, in compliance with said statute:
That Stone Gable Property Owners Association,
Inc.
desiring to organize under the laws of the State of Florida, with
its registered office, as indicated in the Articles of Incorpora-
tion at the City of Altamonte Springs, County of Seminole, State
of Florida, has named Dana A. Bennett, located at 861 Douglas
Avenue, Altamonte Springs., Florida 32714, as its registered agent
to accept service of process and perform such other duties as are
required in the State.
ACKNOWLEDGMENT:
Having been named to accept service of process and
serve as registered agent for the above-stated Corporation, at
the place designated in this Certificate, the undersigned hereby
accepts to act in this capacity, and agrees to comply with the
provision of said statute relative in keeping open said office,
and further states it is familiar with s607.325,
Florida
Statutes.
.;.J.
Dana A. Bennett
DATED:
ARTICLE.INC
05/35/96
-13 -
It'-~
.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR STONE GABLE
SEMINOLE COUNTY. FLORIDA
THIS DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR STONE GABLE, SEMINOLE COUNTY, FLORIDA (here-
inafter referred to as the "Declaration"), is made and entered
into this day .of 1996, by Cambridge
Development, Ltd" a Florida limited partnership, whose principal
mailing address is 861 Douglas Avenue, Altamonte Springs, Florida
32714 (hereinafter referred to as "Declarant").
t1 .1 T .t:I .E. .s. .s. .E. T H:
WHEREAS, Declarant is the sole record owner
simple of certain real property (hereinafter referred to
"Property") located in Seminole County, Florida, which
particularly described on Exhibit "A" attached hereto and
reference incorporated herein (hereinafter referred to
"Property"); and
in fee
as the
is more
by this
as the
WHEREAS, the Declarant desires to provide for the
preservation of the values and amenities within the Property and
..' for the maintenance of the open spaces, buffer areas, entry
features and other common facilities, and to this end desires to
subject the Property to the covenants, restrictions, easements,
charges and liens hereinafter set forth, each and all of which is
and are for the benefit of the Property and each subsequent Owner
of all or part thereof; and
-1-
, "
WHEREAS, it is the intention of the Declarant to
develop the Property and build residential housing units thereon
and/or convey to builders fully developed Lots, as hereinafter
defined, which builders shall construct varying improvements on
said Lots or, alternatively, to independently construct varying
improvements on said Lots; and
WHEREAS, the Declarant has deemed it desirable, for the
efficient preservation of the values and amenities within the
Property to create a homeowners' association to which shall be
delegated and assigned the powers of maintaining and
administering certain designated Common Areas (as hereinafter
defined) and other facilities within the Property, which areas,
where applicable, shall be specifically designated on the plat or
plats of the Property; administering and enforcing this
Declaration; and collecting and disbursing the assessments and
charges hereinafter created; and
WHEREAS, Declarant shall incorporate under the laws of
the State of Florida, a non-profit corporation to be known as the
STONE GABLE PROPERTY OWNERS ASSOCIATION, INC. (hereinafter
referred to as the "Association"), for the purpose of exercising
the functions aforesaid.
.'
NOW, THEREFORE, the Declarant declares that all
Property shall be held, sold and conveyed subject to the
following easements, restrictions, covenants and conditions,
which are for the purpose of protecting the value and
desirability of, and which shall run with the Property and be
binding on all parties having any right, title or interest in the
Property or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each Owner thereof.
-2-
"
.,
,
ARTICLE I
DEFINITIONS
Section 1. The following words and terms when used in
this Declaration (unless contents hereof clearly indicate to the
contrary) shall have the following meanings:
Section 1.1 Reserved.
Section 1.-2 "Architectural Review Commit tee" or
"ARC" shall mean an architectural review committee appointed in
accordance with Article VI hereof, whose duties shall be as set
forth in Article VI hereof,
Section 1.3. "Articles of Incorporation" shall
mean the articles of incorporation of the Stone Gable Property
Owners Association, Inc. During such time as there exists
Class B Membership, the Articles of Incorporation may not be
amended without the prior written approval of the FHA and VA.
Section 1.4.
to STONE GABLE PROPERTY
corporation not for profit,
"Association" shall mean and refer
OWNERS ASSOCIATION, INC., a Florida
its successors and assigns.
Section
board of directors
Association, Inc.
1. 5.
of
"Board of Directors" shall mean the
the Stone Gable Property Owners
Section 1.6. "Builder" shall mean and refer to
the purchasers of developed Lots from Declarant for the purpose
of constructing Dwelling Units thereon for the sale to third
parties in the normal course of business.
the University
Section 1.7. "Bylaws" shall mean
Pines Property Owners Association,
of
the
Inc.
bylaws
Section 1.8. Reserved.
-3-
'-
r
,...".'..1".'"."........,."'," "";.,,..,.~..,....,., .
.........,.".,,;.
,
Section 1.9. "Conspicuous" shall mean when it is
so written that a reasonable person ought to have noticed it. A
printed heading in capitals (as: SHORT TERM RENTALS) is conspi-
cuous. Language in the body of a contract is conspicuous if it
is in larger or other contrasting type or color.
Section 1.10. "County"
County, a political subdivision of the
shall mean
State of Florida.
Seminole
Section 1.11. "Declarant" shall mean Cambridge
Development Ltd., a Florida limited partnership, and its express
successors and assigns, designated as set forth in Article X,
Section 7 hereof, All rights, powers and privileges granted to
the Declarant by this Declaration or by the Articles of
Incorporation and Bylaws of the Association shall be exercised by
the Declarant in such manner as it may determine.
Section 1.12. "Dwelling Unit" shall mean and
refer to any building or portion thereof constructed on a Lot and
intended for use and occupancy as a Rental Unit, Short Term
Rental Unit or as a residence by a single family susceptible to
ownership in fee simple as to which Dwelling Unit a certificate
of occupancy has been issued by the applicable governmental
authorities.
Section 1.13. "Common Area" shall mean all real
property, including the improvements thereon, owned or which may
subsequently be owned by the Association for the common use and
enjoyment of the Members of the Association, whether acquired by
purchase or conveyance from the Declarant, its successors or
assigns, by dedication on a plat or plats of the Property, or
otherwise. All Common Area shall be acquired by or conveyed to
the Association free and clear of all liens by warranty or
special warranty deed. The Common Area shall be identified by
tract on the plat or plats of the Property, and shall be subject
to the dedications set forth on each plat. The term "Common
Area" shall also include: (i) the screening wall easement area,
. -4-
and (ii) any property or other areas for which the Association is
required to maintain. All Common Area is to be maintained by the
Association and devoted to and intended for the common use and
enj oyment of the Members of the Association, their families,
invitees, guests, and persons occupying Dwelling Units on a guest
or tenant basis, to the extent designated on recorded plats or
authorized by the Board of Directors of the Association,
Section 1.14. "Common Facilities" shall mean such
improvements placed and/or constructed on the Common Area which
are owned by the Association for the use and benefit of the
Members.
Section 1.15. "Lot" shall mean and refer to any
plot or parcel of land shown upon a recorded subdivision plat of
all or a portion of the Property which Lot is intended to have a
Dwelling Unit constructed thereon; provided, however, that there
shall be excluded from the definition of Lot, the Common Area,
Dedicated Areas, streets, and all lands owned by the Master
Association (as hereinafter defined) or the Association.
Section 1.16. "Member" shall mean and refer to
any Owner who is a member of the Association.
Section 1,17. "Owner" shall mean and refer to the
record owner, whether one or more persons or entities, of a fee
simple title to any Lot, which is a part of the Property,
including contract sellers, but excluding those having such
interest merely as security for the performance of an obligation.
Section 1.18. "Property" shall mean and refer to
the real property described in Exhibit "A" attached hereto and
any Additional Land which Declarant may from time to time subject
to the terms and conditions of this Declaration in accordance
with the terms hereof,
-5-
Section 1.19. "Surface Water or Stormwater
Management System" means a system 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 re-use
water to prevent or reduce flooding, over-drainage, environmental
degradation, and water pollution or otherwise affect the quantity
and quality of discharges from the system, as permitted pursuant
to Chapters 40C-4, 40C-40, or 40C-42, F.A.C.
ARTICLE II
RESERVED
ARTICLE III
EASEMENTS RESERVED TO
DECLARANT AND OTHERS: PROPERTY RIGHTS
,
Section 1. Easements for Construction and Sales.
There is reserved to the Declarant, and granted to the Builders,
and their respective designees, successors and assigns
(including, without limitation, their agents, sales agents, and
representatives, and prospective purchasers of Lots), non-
exclusive easements over the Common Area, for construction,
utility lines, display, maintenance and exhibit purposes in
connection with the erection of improvements and sale of Lots and
Dwelling Units within the Property and for ingress and egress to
and from construction sites at reasonable times; provided,
however, that such use shall terminate upon the later of (i) the
sale of all Lots by the Declarant or (ii) the sale of all
Dwelling Units by the Builders and their express successors and
assigns; and provided, further, that no such use by the Declarant
and/or the Builders and others shall otherwise restrict the
Owners in the reasonable use and enjoyment of the Common Area.
-6-
Section 2. Easements Over Common Areas. To the extent
that easements over, upon or under the Common Area are necessary
so as to provide utility services to the Property, the
Association and each Owner, and his heirs, successors and
assigns, do hereby designate and appoint the Declarant as agent
and attorney-of-fact, which is coupled with an interest, with
full power in his name, place and stead, to execute instruments
creating such easements; provided, however, that such easements
shall not unreasonably interfere with the use by the Owners of
the Common Area. For this purpose, the Declarant shall have the
right to grant easements in perpetuity over, under and across all
Common Areas shown on any recorded subdivision plats of all or
portions of the Property, together with the right to grant
easements to others and such easements shall include, but shall
not be limited to, the right to use the said Common Area to
erect, maintain and use electric and telephone poles, wires,
cables, conduits, sewers, water mains and other suitable
equipment for the conveyance and use of electricity, telephone
equipment, gas, sewer, cable television, water or other public
convenience or utilities and drainage and the right to cut any
trees, bushes or shrubbery, make any gradings of the soil, or
take any similar action reasonably necessary to provide
economical and safe public convenience or utility installation or
to provide for drainage and to maintain reasonable standards of
health, safety and appearance and the right to locate wells,
pumping stations and tanks. The rights granted to the Declarant
pursuant to this section shall terminate 'upon the later of (i)
.J the sale of all Lots by the Declarant, or (ii) the sale of all
Dwelling Units by the Builders and their express successors and
assigns.
Section 3. Easements Over Lots. For so long as
Declarant is the owner of any Lot, the Declarant hereby reserves N~ +0
unto itself the right to grant easements to itself or any other~ ."
. . ~~..
entlty over each such Lot owned for purposes of lngress and '
~l\.\ ~eU,a..
egress, to include driveways common to two (2) or more Lots, .
drainage, utility, gas, telephone, cable TV and electrical
-7-
-,
services. With respect to easements thus granted, the Declarant
shall have and does hereby retain and reserve the right to
release the Lot from the encumbrance of such easements; provided,
however, that Declarant shall not have the power to release any
portion of a utility easement on a Lot without the consent of the
utilities served thereby.
Section 4. Easements as Shown on Plat. Easements for
access, installation and maintenance of utilities, drainage
facilities, screening walls, sidewalks and landscape buffer areas
are reserved to the Association as shown on the recorded plat or
plats of the Property. Within such easements, no structure,
planting or other material shall be placed or permitted to remain
which may damage or interfere with the installation and
maintenance of drainage channels in such easements, or which may
obstruct or retard the flow of water through the drainage
channels or which may be inconsistent with such plans for
sidewalks, landscape buffer areas and screening walls as may now
or hereafter be approved by the City. The platted easement areas
of each Lot, any drainage swales on a Lot and all improvements
therein shall be maintained continuously by the Owner of such
Lot, except for: (a) those improvements for which a public
authority or utility company is responsible; and (b) those
improvements for which the Association have expressly assumed
responsibility.
\;
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Section 5. Screening Wall Easement, There is hereby
reserved and granted to the Declarant, the Builders and the
Association and their respective agents, employees, successors
and assigns the right and privilege to construct, improve,
repair, replace and maintain a screening wall over, upon and
across that portion of the Property indicated on the plat thereof
as the "Wall Easement" (hereinafter, "the Screening Wall Easement
Area") .
-8-
The Declarant, the Builders and the Association and their
respective successors, agents, employees and assigns further
reserve and are hereby granted an easement along the perimeter of
the Lots contiguous to the Screening Wall Easement Area for the
purpose of ingress and egress to and from the Screening Wall
Easement Area, provided that such easement shall not restrict any
Owner in the reasonable use and enjoyment of his Lot.
Section 6, Owner r s Easement of F.njoyment for Common
~. Every Owner shall have a nonexclusive right and easement
of enjoyment in and to the Common Area which shall be appurtenant
to and shall pass with the title to every Lot, subj ect to the
following provisions:
any of
purposes
intended;
(a) Every Owner
the Common Facilities owned
for which such Common
shall have a right to use
by the Association for the
Facilities are reasonable
(b) The right of the Association to dedicate
or transfer all or any part of the Common Area to any public
agency, authority, or utility for such purposes and subject to
such conditions as may be agreed to by the members of the
Association. No such dedication or transfer shall be effective
unless an instrument agreeing to such dedication or transfer is
approved by a two-thirds (2/3) vote of each class of the Members.
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Section 7. Declaration of Use of Common Area, Any
Owner may delegate, in accordance with the Bylaws, his right or
enjoyment to the Common Area and facilities to the members of his
family, his. tenants or contract purchasers who reside on the
Property whether on a permanent or transient basis.
Section 8. Establishment of Easements. All easements
as provided for in this Article, shall be established by one or
more of the following methods, to wit:
-9-
,
(a)
on the recorded plat of
By a specific designation of an easement
all or a portion of the Property;
(b) By a reservation or specific statement
providing for an easement in the deed of conveyance of given Lot
or Dwelling Unit, or other portion of the Property;
this Article III; or
(c) By a separate instrument referencing
(i) By virtue of the reservation of
rights set forth in this Article.
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
Section 1. MembershiD. Every Owner of a Lot which is
subject to assessment shall be a Member of the Association, and
agrees to be bound by the terms and conditions stated herein
regarding said Association, including the payment of annual
Assessments of the Association; provided that any such person or
entity who hold such interest merely as security for the perfor-
mance of an obligation shall not be a Member. Membership shall
be appurtenant to and may not be separated from ownership of any
Lot which is subject to assessment.
Section 2. Voting Rights. The Association shall have
two (2) classes of voting Membership:
Class A, Class A Members shall be all Owners,
with the exception of the Declarant and the Builders, and shall
be entitled to one (1) vote for each Lot owned. When more than
one person holds an interest in any Lot, all such persons shall
be Members. The vote for such Lot shall be exercised as they
determine, but in no event shall more than (1) vote be cast with
respect to any Lot,
-10-
'., .",},.,
Class B. The Class B Members shall be the
Declarant and the Builders and they shall be entitled to three
(3) votes for each Lot owned by them. The Class B Membership
shall cease and be converted to Class A Membership on the
happening of either of the following events, whichever occurs
earlier:
Class A Membership
Class B Membership;
(a) When the total votes outstanding in
equals the total votes outstanding in
or
the
the
(b) On January 1, 2006.
From and
earlier,
entitled
interest
hereof.
after the happening of these events, whichever occurs
the Class B Members shall be deemed Class A Members
to one (1) vote for each Lot in which they hold the
required for Membership under Article IV, Section 1
ARTICLE V
COVENANTS FOR MAINTENANCE ASSESSMENTS
.'
Section 1. Creation of the Lien and Personal
Obligation of Assessments. Each Owner of any Lot by acceptance
of a deed therefore, whether or not it shall be so expressed in
such deed, is deemed to covenant and agree to pay to the
Association: (1) Annual assessments or charges, and (2) Special
assessments for capital improvements (as defined in Section 4
below), such assessments to be established and collected as
hereinafter provided. The annual and special assessments,
together with interest, costs and reasonable attorneys' fees
incurred in enforcing or collecting any assessment, shall be a
charge on the land and shall be a continuing lien upon the
property against which each such assessment is made; provided,
however, no such assessment shall be a lien on the land until
such lien is recorded in the Public Records of Orange County,
Florida. Each such assessment, together with interest, costs and
'(\e-e~ 0-;-"
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-11-
reasonable attorneys' fees, shall also be the joint and several
personal obI iga t ion of the person (s) who was the Owner of such
property at the time when assessment fell due. Their personal
obligation for delinquent assessments shall not pass to his
successors in title unless expressly assumed by them.
Section 2. Purpose of
levied by the Association shall
following purposes:
Assp.ssments. The assessments
be used exclusively for the
(a) To promote the
safety and welfare of the residents in the
recreation,
Property.
health,
(b) For the improvement, maintenance and
operation of the Common Area, including, but not limited to,
entry features, open spaces, buffer areas, walls and landscaping
(including irrigation thereof);
(c) For
expenses of the Association;
the
payment
of
the
operating
(d) For the payment of taxes, insurance,
labor and equipment;
(e) For the maintenance, repair or
restoration of a Lot and the exterior of the buildings and any
other improvements erected thereon, but' only to the extent
provided for in Section 6(b) of Article V hereof;
.'
(f) To prepare and provide, at no cost, to
Owners and prospective purchasers of Lots information identifying
all areas within the Property which permit Short Term Rentals;
(g) For the repayment of funds and interest
thereon that have been or may be borrowed by the Association for
any of the purposes set forth herein;
-12-
,,;"M.C,.,
(h) To establish and fund reserve accounts
which the Association may choose to establish with respect to the
maintenance, operation and improvement of the Common Areas,
Common Facilities and all improvements and equipment located on
the Common Property;
(i) Doing
desirable in the judgment of
community neat and attractive or
of the Property, or to eliminate
any other things necessary or
the Association to keep the
to preserve or enhance the value
fire, health or safety hazards.
Section 3. Maximum Annual Assessment. Until
January 1st of the year immediately following the conveyance of
the first Lot to an Owner, the maximum annual assessment by the
Association shall be $ .00 per Lot, payable in equal semi-
annual installments, plus a one-time initial fee of $100.00 due
at the time the house transferred to the name of the permanent
owner.
(a) From and after January 1st of the year
immediately following the conveyance of the first Lot to an
Owner, the maximum annual assessment may be increased by five
percent (5%) above the maximum assessment for the previous year
without a vote of the membership.
(b) From and after January 1st of the year
immediately following the conveyance of the first Lot to an
Owner, the maximum annual assessment may be increased above five
percent (5%) of the maximum assessment for the previous year by a
vote of two-thirds (2/3) of each class of Members who are voting
in person or by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors may, at its
option, levy the annual assessment at an amount less than but not
in excess of the maximum annual assessment, or may levy the
annual assessment in the amount of the maximum.
-13 -
"" . ...:. .'., "'~'". ".1. ..<
Section 4. S~ecial Assessments for Ca~ital
Improvements and Other Purposes. In addition to the annual
assessments authorized above, the Association may levy, in any
assessment year, special assessments ("Special Assessments")
applicable to that 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
Area (e.g. the Common Facilities), including fixtures and
personal property related thereto or for any of the purposes
stated in Article V, Section 2, hereof, provided that any such
assessment shall have the assent of two-thirds (2/3) of the votes
of each class of Members who are voting in person or by proxy at
a meeting duly called for such purpose.
Section 5. Notice and Ouorum for and Action Authorized
Under Sections 3 and 4. Written notice of any meeting called for
the purpose of taking any action under Sections 3(b) or 4 above
shall be sent to all Members not less than thirty (30) days nor
more than sixty (60) days in advance of the meeting. At the
first such meeting called, the presence of Members or of proxies
entitled to cast a majority of all the votes of each class of
membership shall constitute a quorum. If the required quorum is
not present, another meeting may be called subject to the same
notice requirement, and the required quorum at the subsequent
meeting shall be one-half (1/2) of the required quorum at the
preceding meeting. No such subsequent meeting shall be held more
than sixty (60) days following the proceeding meeting,
j
Section 6. Uniform Rate of Assessment.
(a) Annual and Special Assessments. Both
annual and special assessments must be fixed at a uniform rate
for all Lots, except that as long as there is Class "B"
membership, the Declarant and Builders will have the following
options with respect to the annual assessments:
-14-
(i) Option (i) The Declarant and
Builders may pay the annual assessment at the rate of twenty-five
percent (25%) of the rate fixed for Class "A" membership on all
unoccupied Lots owned by the Declarant and/or Builders and in
addition, pay the difference, if any, between the total annual
operating expenses of the Association and the amount of the
annual assessments required to be paid pursuant to this Article;
or
(ii) Option (ii) The Declarant and
Builders may pay the full rate of annual assessment at which time
the obligation to pay the difference between expenses and annual
assessments will cease.
The Declarant and the Builders shall be bound to pay annual
assessments in accordance with Option (i) above until such time
as the Declarant gives written notice to the Association that
Option (ii) above will be the method of fixing assessments
against the Declarant and the Builders, So long as Option (i)
above applies to the Declarant and the Builders, the additional
payment, if any, due to the Association shall be paid by them on
a pro rata basis based on the total number of Lots owned by them
as of the date of any invoice from the Association requiring such
additional payment.
.;
(b) Sina1p. Lot S~ecia1 Assp.ssments. In
addition to the annual and special assessments authorized herein,
the Association may levy in the manner hereinafter set forth a
Single Lot Special Assessment applicable only to a specific Lot
that has failed to meet its maintenance obligations set forth in
Article VII hereof. In the event an Owner of any Lot in the
Property shall fail to maintain his Lot and the exterior improve-
ments situated thereon in accordance with the maintenance
obligations set forth in Article VII hereof, then the
Association, after approval by two-third (2/3) vote of the Board
of Directors and thirty (30) days' written notice to the Owner,
shall have the right, through its agents and employees, to enter
-15-
upon said Lot and to repair, clear, trim, maintain and restore
the Lot and the exterior of the buildings and any other exterior
improvements erected thereon, The cost of such Lot clearing and
exterior maintenance shall be added to and become part of the
assessment to which such Lot is subject, which shall be due and
payable thirty (30) days from the date said assessment is made.
Such Single Lot Special Assessment shall be treated as a Special
Assessment applicable only to such Lot and the Association shall
have the rights and powers of collection as provided in this
Article. The provisions of sections 4 and 6 (al of this Article
shall not be applicable to any Single Lot Special Assessments.
Section 7. Date of Commencement of Annual Assessments:
Due Dates. The annual assessments provided for herein shall
commence as to all Lots on the first day of the month following
the conveyance or dedication of the Common Area to the
Association; provided, however, that Declarant may elect to defer
the commencement of the annual assessments in which case the
Declarant and the Builders shall be obligated to pay all expenses
incurred by the Association during the period of deferment.
Association expenses during any such deferment period shall be
paid monthly by the Declarant and the Builders on a pro rata
basis based on the total number of Lots owned by them during each
such monthly deferment period. The first annual assessment shall
be adjusted according to the number of months remaining in the
calendar year. The Board of Directors shall fix the amount of
the annual assessment against each Lot at 'least thirty (30) days
in advance of each annual assessment period in an amount not in
excess of the maximum annual assessment set forth in Section 3(a)
above. Written notice of the annual assessment shall be sent to
every Owner subj ect thereto. An invoice from the Association
shall constitute satisfactory written notice. The due dates
shall be established by the Board of Directors. The Association
shall, upon demand and for a reasonable charge, furnish a
certificate signed by an officer of the Association setting forth
whether the assessments on a specified Lot have been paid, A
properly executed Certificate of the Association as to the status
-16-
...n..-......,.................",...,..;.....
of assessments on a Lot is binding upon the Association as of the
date of its issuance.
Section 8. Effect of Non~ayment of Assessments:
Remedies of the Association. If any assessments are not paid on
the date when due, then said assessments shall become delinquent
and shall, together with such interest thereon and cost of
collection thereon as hereinafter provided, thereupon become a
continuing lien on the Lot which shall bind such Lot in the hands
of the then Owner, his heirs, devisees, personal representatives,
and assigns. The personal obligations of the then Owner to pay
such assessments, however, shall remain his personal obligation
and shall not pass to his successors in title unless expressly
assumed by them, or unless the Association causes a lien to be
recorded in the public records giving notice to all persons that
the Association is asserting a lien upon the Lot. No Owner may
waive or otherwise escape liability for the assessments provided
for herein by nonuse of the Common Area, Common Facilities or
abandonment of his Lot.
.;.
If the assessment is not paid within thirty (30) days
after the delinquency date, the assessment shall bear interest
from the date of delinquency at the rate of eighteen percent
(18%) per annum, and the Association may bring an action at law
against the Owner personally obligated to pay the same, or
foreclose the lien against the Lot and there shall be added to
the amount of such assessment the interest'above stated, the cost
of the action, including reasonable attorneys' fees whether or
not judicial proceedings are involved, and including reasonable
attorneys' fees and cost incurred on any appeal of a lower court
decision.
Section 9. Subordination of the Lien to Mortgages.
The lien of the assessments provided for herein shall be
subordinate to the lien of any first Mortgage. However, the sale
or transfer of any Lot pursuant to Mortgage foreclosure or any
proceeding in lieu thereof, shall extinguish the lien of such
-17-
'-''''''''~''.'
assessments as to payments which became due prior
transfer. No sale or transfer shall relieve
liability for any assessments thereafter becoming
lien thereof.
to such sale or
such Lot from
due or from the
Section 10. Exempt Property. The following property
subj ect to this Declaration shall be exempt from assessments,
charges and liens created herein; (i) all property to the extent
of any easement or other interest therein dedicated and accepted
by local public authority and devoted to public use; (ii) all
Common Areas, conservation areas and dedicated areas; and (iii)
all property exempt from taxation by the laws of the State of
Florida, upon the terms and to the extent of such legal
exemptions. Notwithstanding any provision herein, no land or
improvements devoted to dwelling use shall be exempt from said
assessments, charges or liens.
ARTICLE VI
ARCHITECTURAL CONTROL
.'
Section 1. Review by Architectural Review Committee.
No building or modification or addition thereto, fence, wall,
pool, landscaping or other structure shall be commenced,
constructed, erected or maintained upon any Lot, nor shall any
exterior addition to or change or alteration therein be made to
the Lot or Dwelling Unit unless it is in compliance with the POD
Commitments and other applicable regulations and unless and until
the plans and specifications showing the nature, kind, shape,
height, materials, and location of the same shall have been
submitted to and approved in writing as to harmony of external
design and location in relation to surrounding structures and
topography by the Architectural Review Committee.
-18-
. ,., .~: .".i.."'.'
Section 2. ProcE'>dure for RE'>vi ew. Any Owner needing
the approval of the ARC shall deliver an application or request
for action to the ARC by pre-paid postage mail with return
receipt requested or by hand delivery with signed receipt,
together with a floor plan, landscaping plan, site plan and
abbreviated specifications, including exterior material and
colors. As soon as reasonably possible, but not later than
thirty (30) days after receipt, the ARC shall indicate its
approval or disapproval of the matters required to be acted upon
by them by a written instrument, and served personally or by pre-
paid postage mail upon the Owner and all interested parties,
identifying the proposed building or structure and either stating
approval or giving and making recommendations for changes to gain
approval. In the event the ARC takes no action on the
application or request within the thirty day period, then the
application or request shall be deemed to be approved.
Section 3. Com~osition
CommitteE'>.
of
Architectural
Rp-vip-w
.'
(a) The ARC shall have three (3) members who
shall initially be appointed by the Declarant. The members
appointed to the ARC do not need to be Owners. So long as the
Declarant and/or the Builders maintain a controlling vote of the
Membership of the Association under the terms of Article IV
hereof, the Builder shall be entitled to appoint all members .of
the ARC and any successor members; provided, however, the Builder
shall at any time have the right to waive its right to appoint
the members of the ARC. The members of the ARC shall be
appointed for staggered three (3) year terms; provided, however,
the initial members of the ARC appointed by the Builder shall
serve so long as Builder has the right to appoint all members of
the ARC. In the event of death, resignation, inability to serve,
or other vacancy in office of any member of the ARC, the Builder
shall promptly appoint a successor member of the ARC who shall
serve at the pleasure of the Builder.
-19-
(b) After the end of the term during which
the Builder may appoint all the members of the ARC, the Board of
Directors of the Association shall have the right to appoint the
members of the ARC. In the event the Board of Directors fails to
appoint members to the ARC, the Board of Directors itself shall
comprise the ARC. Members of the ARC shall serve at the pleasure
of the Board of Directors.
Section 4. Powers. The Architectural Review Committee
shall have the following duties and powers:
(a) To review and approve or disapprove all
buildings, fences, walls, pools or other structures which shall
be commenced, erected or maintained upon the Property, to approve
any exterior additions to or changes or alterations therein, For
any of the above, the Committee shall be furnished plans and
specifications showing the nature, kind, shape, height, materials
and location in relation to surrounding structures and
topography;
.'
(b) To review and approve or disapprove any
such building plans and specifications, Lot grading plans,
landscaping plans, and other materials submitted pursuant to
Article VI, Section 2 above. The Committee may disapprove the
proposed improvement if, in its sole discretion, the Committee
determines that the proposed improvement is inconsistent with the
development plan formulated by the Declarant or Builder for the
Property or lands contiguous thereto. Such decision of the
Committee may be made upon purely aesthetic reasons;
(c) To require to be submitted to it for
approval any samples of building materials proposed or any other
data or information necessary to reach its decision.
-20-
.'
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.
Section 5. Exerm;>t ion for Declarant and Bu i 1 der.
Notwithstanding anything contained herein, for as long as
Declarant or Builder own fee title to any Lot, this Article VI
shall not apply to or bind either Declarant or Builder.
ARTICLE VII
GENERAL RESTRICTIONS
Section 1. General Restrictive Covenants. The general
restrictive covenants contained in this Article shall apply
uniformly to all Lots and Dwelling Units on the Property. All
references in this Article VII to the Owner shall be deemed to
include the invi tees, guests, lessees, tenants and renter' s of
the Owner (including Short Term Renters) unless the context
clearly indicates otherwise.
Section 2. Residential Use Only. No Lot shall be used
for any purpose except residential. The term "residential" is
intended to prohibit any commercial use, including professional
office use of any portion of any Lot or Dwelling Unit, but shall
not prohibit use as a Rental Unit or Short Term Rental Unit. No
building shall be erected, altered, placed or permitted to remain
on any Lot other than Dwelling Units designed for residential use
and private attached garages. The foregoing shall not prohibit
the Declarant and/or the Builders from using Dwelling Units as
models or offices, provided such use as models or offices is in
furtherance of the construction and sale or lease of Lots. and
Dwelling Units on the Property.
Section 3. Dwelling Unit Size. No building shall be
erected, altered, placed or permitted to remain on any Lot other
than one (1) single family Dwelling Unit not to exceed thirty-
five (35) feet in height, a private attached two car garage.
Dwelling Units shall have a minimum square footage of 1,200
square feet of enclosed living area, exclusive of garages and
patios.
-21-
Section 4. Dwelling Unit Setbacks, All buildings and
other structures shall comply with all front, rear and side yard
setback requirements established by the PUD Commitments.
Section 5. No Temporary Structures, No structure of a
temporary nature or character, including, but not limited to, a
trailer, house trailer, mobile horne, camper, tent, shack, shed,
boat, barn or other similar structure or vehicle, shall be used
or permitted to remain on any Lots as a storage facility or
residence, or other living quarters whether temporary or
permanent, unless approved by the ARC; provided, however, that
this prohibition shall not apply to shelters used by Declarant
and/or the Builders during the development of the Property and
the construction of any Dwelling Unit.
Section 6. Parkina and Storage Restrictions. Each
Owner has the right to exclusive use of the parking spaces which
are located within that Owner's property lines. No vehicles may
be parked on any grassed area of the Lots. No vehicles which
extend beyond the length of the Owner's parking spaces may be
parked in such spaces. Permission must be obtained in writing
from the ARC for the parking of any commercial or recreational
vehicles, trailers, boats, trucks, boat trailers, campers or
other similar vehicles on any Lot or in any driveway, except in a
closed garage attached to a Dwelling Unit. Parking in the Common
Areas or common parking spaces, if any, shall be regulated by the
rules of the Associationor the Orange County ordinance. There
shall be no parking on the streets or the street right of way
area, if any, overnight or for a continuous period of
excess of ten (10) consecutive hours, unless th Ora e.
ordinances dictate otherwise. The provisions 0
shall not apply to the parking or storage of any vehicles
any contractor, subcontractor, supplier, laborers, D
and/or Builders during the construction of any Dwelling
development of the Subdivision.
on
used by
clarant
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-22-
Section 7. Livestock and Animal Restrictions. No
livestock, poultry, reptiles or animals of any kind or size shall
be raised, bred or kept on any Lot or in any Dwelling Unit;
provided, however, that dogs, cats and other common domesticated
household pets may be raised and kept, provided such pets are not
kept, bred or maintained for any commercial purposes. Such
permitted pets shall be kept on the Owner's Lot and shall not be
allowed off the premises of Owner's Lot except on a leash. No
permitted pet shall be allowed to make noise in a manner or such
volume as to annoy or disturb other Owners. Any Owner who keeps
a pet thereby agrees to indemnify the Association and hold it
harmless against any loss or liabilities of any kind or character
whatsoever arising from or growing out of the keeping of such
pet. The keeping of pets by an Owner shall be subj ect to all
governmental animal ordinances and any rules or regulations
promulgated by the Association or the Board of Directors in
regard thereto.
Section 8. Restrictions on Activity. No noxious or
offensive activity shall be conducted or permitted to exist upon
any Lot, or in any Dwelling Unit, nor shall anything be done or
permitted to exist on any Lot or in any Dwelling Unit that may be
,
or may become an annoyance or private or public nuisance. No
Lot, driveway or Common Area shall be used for the purpose of
vehicle repair or maintenance, No unregistered, non-licensed,
expired lease or inoperable vehicles of any kind shall be
permitted to remain on any Lot (unless parked inside the garage
of a Dwelling Unit) or Common Area.
./
Section 9. Restrictions on Fixed Game and Play Struc-
tures. If permitted by the ARC, all basketball backboards and
other fixed game and play structures shall be located at the side
or rear of the Dwelling Unit or on the inside portion of the
corner lots within the setback lines. No basketball or like
goals will be allowed on driveways or on thr front of any house.
Treehouses or platforms of a like kind or nature shall not be
constructed on any part of any Lot.
-23-
Section 10. Restrictions on Walls. Fences and Hedges.
No boundary wall, fence or hedge shall be constructed or grown
with a height of more than six (6) feet above the ground level of
adjoining property. No wall or fence of any height shall be
placed or constructed on any Lot until after the height, type,
design and location thereof shall have been approved in writing
by the Architectural Review Committee. The heights or elevations
of any wall or fence shall be measured from the existing property
elevations. Any questions as to such heights shall be
conclusively determined by the ARC. No boundary wall, fence' or
hedge or part thereof may be placed any closer to a street than a
dwelling could be placed on the same Lot, except as may be
required by FHA/VA or other governmental regulation.
Notwithstanding anything contained herein to the contrary, on
Lots which abut or are adjacent to the screening wall constructed
in the Screening Wall Easement Area, as described in Article III,
Section 5 hereof, no other wall or fence structure shall be built
parallel to said screening wall regardless of the distance
between the screening wall and fence. Moreover, on said Lots the
last eight (8) foot section of a wall or fence structure which is
constructed by the Owner perpendicular to or in any way adjacent
to or leading to the screening wall shall be tapered down in such
a manner so that the top of said wall or fence is no higher than
the top of the screening wall as measured at the point of contact
between said wall or fence and the screen wall. No chain link
fencing shall be permitted on any Lot at any time.
.'
Section 11.
specifications for any
constructed on any Lot
the ARC.
Swimming
swimming
shall be
Pools and Screening. Plans and
pool, including screening, to be
subject to the prior approval of
Section 12. Garbage and Litter. It shall be the
responsibility of each Owner to prevent the development of any
unclean, unsightly or unkept conditions any Lot or Dwelling Unit
located on any Lot which tend to substantially decrease the
beauty of the community as a whole or the specific area. The
-24 -
._ .._..,J..,.
restriction shall apply before, during and after construction.
No Lot shall be used or maintained as a dumping ground for
rubbish, trash, or other waste. All trash, garbage and other
waste shall be kept in sanitary containers and, unless required
to be placed at the curb for scheduled pick-ups, all containers
shall be kept at the rear of all Dwelling Units or out of sight
from the street. No burying of trash or other waste materials
shall be permitted, except by the Declarant and/or the Builders,
who after securing all applicable permits, shall, during
development, have the right to burn trash or other waste
materials on the Property. All oil tanks and bottled gas
containers shall be placed underground, or shall be situated so
as to not be visible from the street or objectionable to adjacent
residences.
Section 13. Alteration of Lots. No Owner, without the
express prior written consent of the ARC, shall construct any
improvements or make any changes to a Lot which shall have the
result of changing, altering or affecting the natural or
artificial water courses, canals, ditches, swales, ponds or
drainage of the Property. All construction, grading and
landscaping shall conform to the drainage swale requirements set
forth on the plan of the Property.
.'
Section 14. Storage of Materials. Except for the
Declarant and/or the Builders, no Owner may store construction
materials on a Lot for a period exceeding thirty (30) days
without commencing construction, and if construction does not
commence within said thirty (30) day period the Declarant may
remove such stored materials. Costs incurred in such removal by
the Declarant will become a lien on said Lot, accruing interest
at the highest rate permitted by law. Construction, once
commenced, shall be diligently pursued to completion. No
building, material or refuse shall be placed or stored on any Lot
within twenty (30) feet of any park or edge of any open water or
drainage course except that clean fill may be placed nearer
-25-
.;:.'.....,.."
provided that the water or drainage course is not altered or
blocked by such fill.
Section 15. Destruction By Fire or Other Casualty. No
building or improvement which has been partially or totally
destroyed by fire or other casualty shall be allowed to remain in
such condition for more than six (6) months from the time of
destruction. If reconstruction or repair of any such dwelling
Unit is not commenced with said six (6) month period, the Owner
thereof shall raze or remove the same promptly from the Owner's
Lot.
Section 16. Completion of Development dnn Dwellin~
Units. Nothing contained in this Declaration shall be
interpreted or construed to prevent Declarant, its express
successors or assigns, Builders, or the Declarant's or Builder's
contractors or subcontractors, from doing or performing on all or
any part of the Property owned or controlled by them whatever
they deem reasonably necessary in connection with completion of
the development, including without limitation; (a) erecting,
constructing and maintaining such structures as may be reasonably
necessary for the conduct of the their business of completing the
development and establishing the Property as a residential
community and disposing of the same in Lots and Dwelling Units by
sale, lease or otherwise; or (b) conducting thereon its or their
business.
.f
Section 17. Waiver of Violations of Covenants and
Restrictions. When a building or other structure has been
erected, its construction commenced and the building is located
on any Lot in a manner so as to constitute a violation or
violations of this Declaration, the Declarant shall have the
right, but not the obligation, at any time to release the Lot, or
portions of it, from any part of the covenants and restrictions
as may be violated, so long as the violation or violations do not
conflict with City ordinances or regulations.
-26-
. . .... .... ..."n....L_,_.'_1!.;.
Section 18.
conditioning units are
Window Air
prohibited.
Conditioners.
Window
air
Section 19. Installat ion of Fences by Dec} arant, The
Declarant and/or the Builders may place, build, erect and/or
install such walls or fences upon such easements as may exist or
which may be established along the Lot lines, and adj acent to
water retention and/or detention areas located on the Property,
which the Declarant and/or the Builders deem necessary or
desirable. No Owner, without the express written consent of the
Declarant, shall paint, deface, change or renovate such walls or
fences in any manner whatsoever, nor shall any attachment be made
thereto.
Section 20. Garages. Each home shall have an attached
two (2) car garage. No garage shall be enclosed permanently or
converted to another use without the substitution of another
attached enclosed garage of the same kind of or matching material
as and conform architecturally to the construction of the
Dwelling Unit. All garages must have overhead garage doors,
which shall be maintained in a useful and operating condition and
shall be kept closed when not in use. Carports are not
permitted.
.;
Section 21. Signs. No commercial signs or other signs
shall be erected or maintained on any Lot or Dwelling Unit except
with the written permission of the Association or except as may
be required by legal proceedings, it being understood that the
Association will not grant permission for said signs unless their
erection is reasonably necessary to avert serious hardship to the
property Owner. Such prohibition shall not apply to common
commercial real estate signs advertising that a particular Lot or
Dwelling Unit is for sale provided that such signs are not
illuminated and do not exceed four (4) square feet. If
permission is granted for any other signage, the Association
shall have the right to restrict size, color and content of such
signs. Property identification and like signs exceeding a
-27-
combined total of more than two (2) square feet may not be
erected without the written permission of the Association. These
restrictions shall not apply to restrict the Declarant, the
Builders or the Declarant's or the Builder's agents from erecting
such signs as the Declarant or the Builders deem in their sole
discretion to be necessary to assist the Declarant or the
Builders in selling, leasing or renting any Lot or Dwelling Unit,
or other portion of the Property.
Section 22. Allowable Trim. No Owner or tenant of an
Dwelling Unit shall install shutters, awnings or other decorative
exterior trim, except small exterior decorations such as address
plates and name plates, without the prior approval of the ARC.
Section 23. Window Coverings. No reflective foil,
tinted glass, sheets, newspapers or any other similar material
shall be permitted on any windows except for tinted bronze glass
and any such installation shall require approval of the ARC,
Section 24. Access at Reasonable Hours. For the sole
purpose of performing any maintenance or repairs authorized
agents, contractors or employees shall have a license which shall
be exercisable after reasonable notice to the Owner to enter upon
any Lot or exterior of any Dwelling Unit.
Section 25. Tree Removal Res~rictinns. Trees situated
on any Lot between building set back lines and the property lines
having a diameter of six inches (6") or more (measured four feet
(4') from ground level) may not be removed without prior approval
of the ARC. All requests for approval of tree removal shall be
submitted to the ARC along with a plan showing generally the
location of such trees(s).
~^0j
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Section 26. Replacement of Trees. Anyone violating
the provisions of Section 25 will be required to replace such
trees with trees of like kind, size and condition within thirty
(30) days after demand by the ARC. If the Owner fails or refuses
-28-
to replace the trees as demanded, the ARC shall cause suitable
replacement to be planted and the cost thereof shall be a lien
against the property of the Owner. The Owner grants to the ARC,
its agents and employees an easement of ingress and egress over
and across said Lot to enable it to comply with Section 25 above
and this Section 26.
Section 27. Antenna Restrictions. No one shall be
permitted to install or maintain on any Lot, Dwelling Unit 'or
structure, any outside television or radio antenna, disc, mast
aerial, or any size satellite dish or other tower for the purpose
of audio or visual reception unless the same is approved by the
ARC, This restriction shall not serve to prohibit Declarant,
Builder or the Association from installing an antenna or
satellite antenna disc, or contracting with a third party to
install such antenna, for the purpose of providing master or
cable television, radio or other electronic service to the Owners
in the Subdivision.
Section 28. Exterior Paint. All exterior paint colors
shall be subject to prior approval of the ARC.
.-;.
Section 29. Additional Rules and Regulations. The
Association or Board of Directors may, from time to time, adopt
rules and regulations relating to anyone or all of the
restrictive covenants contained in this Declaration. No Owner,
its successors or assigns f tenants I lessees 1 renters, guests or
invites shall violate the rules and regulations adopted from time
to time by the Association or the Board of Directors, whether
relating to the use of the Lots, the use of the Common Area, or
otherwise. No rules or regulations shall violate or change the
rights or obligations of Declarant or Builder as set forth
herein.
-29-
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ARTICLE VIII
COVENANTS AGAINST PARTITION AND
SEPARATE TRANSFER OF MEMBERSHIP RIGHTS
Recognizing that the full use and enjoyment of any Lot
is dependent upon the right to the use and enjoyment of the
Common Area and the improvements made thereto, and that it is in
the interest of all of the Owners that the right to the use and
enjoyment of the Common Area is retained by the Owners of Lots,
it is therefore declared that the right to the use and enjoyment
of any Owner in the Common Area is appurtenant to title to each
of the Lots. In addition there shall exist no right to transfer
the right to use and enjoyment of the Common Area in any manner
other than as an appurtenance to and in the same transaction
with, a transfer of title to a Lot. Any conveyance or transfer
of a Lot shall include the right to use and enjoyment of the
Common Area appurtenant to such Lot subject to reasonable rules
and regulations promulgated by the Declarant, Builder or the
Association for such use and enj oyment, whether or not such
rights shall have been described or referred to in the deed by
which said Lot is conveyed.
ARTICLE IX
LENDER'S RIGHTS
./
Section 1. Information. Upon written request, the
Association shall make available for inspection during normal
business hours by each Owner, and each lender, holder, insurer or
guarantor of any first mortgage on a Lot, a current copy of this
Declaration, the Articles of Incorporation and By-Laws of the
Association, and the records, books and financial statements of
the Association.
Section 2, Financia1 Statements.
request, each holder of a first mortgage
entitled to receive a financial statement of
the immediately preceding fiscal year.
Upon written
on a Lot shall be
the Association for
-30-
Section 3. Lender's Notices, Upon written request to
the Association,
guarantor and the
or guarantor will
identifying the name of the holder, insurer or
Lot and address, any mortgage holder, insurer,
be entitled to timely written notice of:
(a) any condemnation or casualty loss that
affects either a material portion of the Property or the Lots
securing this mortgage;
(b)
assessments or charges
holds the mortgage;
any
owned
delinquency notice in the payment
by the Owner of any Lot on which
of
it
(c) a lapse, cancellation, or material
modification of any insurance policy or fidelity bond maintained
by the Association; and
consent of a
(d) any proposed action
specified percentage of mortgage
that requires
holders,
the
j
~~.
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Section 1. Enforcement. The Association, the J1
Declarant, Builder or each Owner shall have the right to enforce,~
by any proceeding at law or in equity, all restrictions,
conditions, covenants, reservations, liens and charges now or
hereafter imposed by the provisions of this Declaration. Failure
by the Association, the Declarant, Builder or by any Owner to
enforce any covenant or restriction herein contained shall be in
no event deemed a waiver of the right to do so thereafter. If
the Declarant, Builder or Association shall seek to enforce the
provisions of this Declaration, then the Declarant, Builder or
the Association, as the case may be, shall be entitled to collect
its fees and costs, including reasonable attorneys' fees, whether
incurred before trial, at trial or upon appeal. The St. Johns
River Water Management District (the "District") shall have the
\
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01\""
ARTICLE X
GENERAL PROVISIONS
-31-
right to enforce any provisions of this Declaration relating to
the operation or maintenance of the stormwater management system
for the Property in a proceeding at law or in equity.
Section 2. Severability, Invalidation of anyone of
these covenants or restrictions by judgment or court order shall
in no way affect any other provisions which shall remain in full
force and effect.
Section 3. Binding Effect: Amendment by Owners.
(a) The covenants and restrictions of this
Declaration shall run with and bind the land for a term of thirty
(30) years from the date this Declaration is recorded, and after
which time they shall be automatically extended for successive
periods of ten (10) years,
.r
(b) Subj ect to the provisions of Section 9
of this Article, this Declaration may be amended during the first
thirty (30) year period by an instrument signed by not less than
ninety percent (90%) of the Lot Owners, and thereafter by not
less than seventy-five percent (75%) of the Lot Owners.
Notwithstanding the foregoing, any amendment to this Declaration
which adversely affects any lender, holder, insurer or guarantor
of any first mortgage on the Property as of the date of recording
of this Declaration, shall not become effective unless joined in
and consented to by such lender, holder, insurer or guarantor if
such first mortgage affects the Property on the effective date of
any such amendment.
(c) All amendments thereto shall be recorded
in the Public Records of Orange County, Florida and shall not be
valid until recorded.
would alter the
the Property,
(d)
surface
beyond
Any amendment to this Declaration which
water or stormwater management system for
maintenance thereof in its original
-32-
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condition, including the water management of the Common Property,
must receive approval of the District prior to taking effect.
Section 4. Amendment by Declarant ~ 9-"'~ '\-L\t c.\~
(a) Notwithstanding any provision contained
herein to the contrary, and except as set forth in Section 9 of
this Article X, the Declarant shall have the right to amend this
Declaration if such amendment is required in order to cause this
Declaration to comply with Federal Housing Administration ("FHA")
Veterans Administration ("VA") , Federal National Mortgage 1.1
Association ("FNMA"), or Federal Homes Loan Mortgage Corporation 1'~'1~t
("FHLMC") requirements; provided, however, that any SUCh~' L\e'\
amendment shall be subject to the approval of the FHA or VA. ~i
(b) As long as there exists a Class B ~
membership in the Association, the Declarant shall have the JU'~~~
right, subj ect to the provisions of Section 9 of this Article, to \1 Cl \
amend this Declaration to correct any omission or error, or to
effect any other amendment, except that this procedure for amend-
ment cannot be used if such an amendment would, in the reasonable
opinion of the Declarant, materially and adversely affect
substantial property rights of Lot Owners unless the affected Lot
Owners consent thereto in writing.
(c) The amendment of this Declaration,
pursuant to this Section 4 need be signed' and acknowledged only
.' by the Declarant and shall contain a certification that the
provisions of this Section have been complied with. Any such
amendment need not be approved or signed by any Member, the
Association, Lot Owner, or any lienors or mortgagees of Lots, or
by any other person, whether or not elsewhere required for an
amendment to the Declaration.
would alter the
the Property,
(d)
surface
beyond
Any amendment to this Declaration which
water or stormwater management system for
maintenance thereof in its original
-33-
condition, including the
must receive approval of
water management of the Common Property,
the District prior to taking effect.
\ ~V~ L':~
ndm hereto shall be recorded
County' Florida, and shall not be
<'
NVI. \ ~,p LL
(e)
in the Public Records 0
valid until recorded.
Section 5. Encroachments. In the event that any Lot
shall encroach upon any Common Area, conservation area or
dedicated area or upon any other Lot for any reason other than
the intentional or negligent act of the Owner, or in the event
any Common Area, conservation area or dedicated area shall
encroach upon any Lot, then an easement shall exist to the extent
of that encroachment for as long as the encroachment shall exist.
Section 6. Notices. Any notice required to be sent to
any Owner or the Association, under the provisions of this
Declaration, shall be deemed to have been sent when hand
delivered or mailed, postage prepaid, to the last known address
of the person or person who appear as the Owner of the Lot in the
records of the Association at the time of such mailing,
Section 7. Assignment of Declarant's Rights and
Obligations. Any and all rights, powers and reservations of the
Declarant may be assigned, in whole or in part, to any person,
corporation or association which will assume the duties of the
Declarant pertaining to the particular rights, powers and
J reservations assigned. Upon such assignee evidencing its consent
in writing to accept such assignment and assuming such duties,
the assignee shall, to the extent of such assignment, have the
same rights and powers and be subject to the same obligations and
duties as are given to and assumed by the Declarant herein,
Further, the Declarant may from time to time delegate any and all
to its rights, powers, discretion and duties hereunder to such
agent or agents as it may nominate. The Declarant may designate
as a Class B member of the Association an express successor or
assign who acquires a Lot or Lots, provided that such designation
-34-
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1,/\ \
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.'.
shall be only as to those Lots acquired by such express successor
or assign.
Section 8. Contracts. Prior to the termination or
conversion of Class B membership, the Association shall not be
bound either directly or indirectly to contracts or leases
(including management contracts) unless the contract or lease
contains a right of termination, without cause, which is
exercisable without penalty at any time upon not more than ninety
(90) days' notice to the other party.
Section 9. FHA/VA A99roval. Notwithstanding any
provision contained herein to the contrary, as long as there is a
Class B Membership, the following actions will require the prior
approval of the Federal Housing Administration ("FHA") or the
Veterans Administration ("VA"): Annexation of additional
properties; mortgaging of Common Areas; dedication of Common
Area; merger; amendment of this Declaration; and amendments of
the Articles of Incorporation and By-Laws of the Association.
Section 10. Annexation. Additional residential
property or Common Area may be annexed to the Property with the
consent of two-thirds (2/3) of each class of the Members.
Section 11. Waiver of violations. Declarant, its
express successor or assigns, reserves the right to waive any
violations of the covenants contained in this Declaration, in the
event Declarant shall determine, in its sole discretion, that
such violations are minor or dictated by the peculiarities of a
particular Lot configuration or topography.
Section 12. I,i ability of Lot Owners for Damages.
Nothing in this Declaration shall be construed to impose absolute
liability on the Owner of any Lot for damage or injury to the
Common Areas or Lots and such Owners shall only be responsible
for damage or injury caused by the negligent or intentional acts
of the Owner.
-35-
"
Section 13. Paragraph H~adings. Paragraph headings,
where used herein, are inserted for convenience only and are not
intended to be a part of this Declaration or in any way defined,
limited or describe the scope and intent of the particular
paragraph to which they refer.
become
Records
Section 14. Eff~ctiv~ Date,
effective upon recordation of
of Seminole County, Florida.
This Declaration will
the same in the Public
Section 15, Construction Notic~ and Acceptanc~. Every
person or entity that owns or acquires any right, title or
interest in or to any portion of the Property, or any portion
thereof, is and shall be conclusively deemed to have consented
and agreed to every covenant, condition and restriction contained
herein, whether or not any reference to this Declaration is
contained in the instrument by which such person or entity
acquires such right, title or interest.
.L-
Section 16. Right of Association to Merg~. The
Association retains the right to merge with any other homeowners
association, provided such homeowners association is for an FHA
or VA approved subdivision and provided FHA or VA approves such
merger. This right shall be exercised by recordation of an
Amendment to this Declaration recorded among the Public Records
of Orange County, which Amendment shall set forth a legal
description of the property to which 'this Declaration, as
amended, shall apply. The Amendment shall further have attached
to it a resolution of the Association and the homeowners
association with which a merger is to take place, and such
resolution shall be certified by the Corporate Secretary thereof
and shall state;
(a) That a meeting of the
association was held in accordance with its Bylaws;
homeowners
-36-
(b) That
class of the Members approved
a two-thirds
the merger.
(2/3)
vote
of
each
The foregoing certificates when attached to the
Amendment shall be deemed sufficient to establish that the
appropriate procedure was followed in connection with the merger.
Upon a merger or consolidation of the Association with another
association, its properties, rights and obligations shall, by
operation of law, be transferred to another surviving or
consolidated association, or alternatively, the property, rights,
and obligations of another association shall, by operation of
law, be added to the Properties, rights, and obligations of the
Association as a surviving corporation pursuant to a merger. The
surviving or consolidated association shall administer the
covenants and restrictions established by this Declaration within
the Property together with the covenants and restrictions
established upon any other properties as the overall plan or
scheme. No such merger or consolidation, however, shall effect
any revocation, change or addition to the covenants and
restrictions established by this Declaration within the Property.
Section 17.
Insurance.
(a) The Association shall keep (i) any
buildings in the Common Area insured against loss by fire and the
risks covered by a Standard All Risk of Loss Perils insurance
policy under an extended coverage casualty policy in the amount
of the maximum insurance replacement value thereof, and (ii) all
personal property owned by the Association insured with coverage
in the maximum insurable fair market value of such personal
property as determined annually by an insurance carrier selected
by the Association. Insurance proceeds for the Common
Facilities, any improvements in the Common Area and any personal
property owned by the Association shall be payable to the
Association. In the event of any loss, damage or destruction,
the Association shall cause the same to be replaced, repaired or
rebuilt if it occurred in the Common Area. In the event the cost
-37-
,
of such replacement repair or rebuilding of any improvements on
the Common Area (i) exceeds the insurance proceeds available
therefore, or (ii) no insurance proceeds are available therefore,
the deficiency of full costs thereof shall be assessed to the
Owners as a special assessment.
(b) The Association shall procure and keep
in force public liability insurance in the name of the
Association and the Owners against any liability for personal
injury or property damage. resulting from anyone occurrence in or
about the Common Area, in an amount not less than ONE MILLION AND
NO/100 DOLLARS ($1,000,000,00) for damage to one (1) or more
persons in one (1) accident or event and not less than ONE
MILLION AND NO/100 DOLLARS ($1,000,000.00) for damage to property
in one (1) accident or event. The Association, at its
discretion, shall obtain Director and Officer liability insurance
in an amount not less than ONE MILLION DOLLARS ($1,000,000).
(c) Copies of all such insurance policies
(or certificates thereof showing premiums thereon to have been
paid) shall be retained by the Association and open for
inspection by the Owners at any reasonable time. All such insur-
ance policies shall (i) provide that they shall not be cancelable
by the insurer without first giving at least ten (10) days prior
notice in writing to the Association, and (ii) contain a waiver
of subrogation by the insurer(s) against the Association, Board
and Owners.
.>
(d) Notwithstanding any provision contained
herein to the contrary, the Association shall maintain such
insurance coverage as may be required by the Veterans Adminis-
tration ("VA"), the Federal Housing Administration ("FHA"), or
Federal National Mortgage Association ("FNMA") so long as VA,
FHA, or FNMA holds a mortgage on or owns any Lot.
-38-
.'
'C
Section 18. Mortgaging of Common Areas. The Common
Area shall not be mortgaged or conveyed by the Association
without the consent of at least two- thirds of each class of
Members; provided, however, that if there has ceased to be any
Class B Members, then the consent of at least two-thirds of the
Class A Members excluding the Declarant shall be required.
Section 19. Surface Water or Stormwater Manaaement
System. The Association shall be responsible for the
maintenance, operation and repair of the surface water or
stormwater management system. Maintenance of the surface water
or stormwater management system shall mean the exercise of
practices which allow the systems to provide drainage, water
storage, conveyance or other surface water or stormwater /,
management capabilities as permitted by the St. Johns River Water'
Management District. The Association shall be responsible for
such maintenance and operation. Any repair or reconstruction of
the surface water or stormwater management system shall be as
permitted, or if modified as aJ?pro;~d, by the St. Johns River
Water Management District. CU;'-6... -t-\J\f? tL ~
IN WITNESS WHEREOF, Declarant has caused these presents
to be executed on the day and year first above written.
Signed, sealed and delivered
in the presence of:
CAMBRIDGE DEVELOPMENT, LTD.,
a Florida limited partnership
.'
By: Cambridge Development,
Inc., a Florida limited
partnership
By:
Dana A. Bennett, President
Printed Name
(CORPORATE SEAL)
Signature
-39-
.'
STATE OF FLORIDA
SS.
COUNTY OF Seminole
BEFORE ME, the undersigned, a Notary Public in and for
the State of Florida, duly commissioned and sworn, personally
appeared Dana A. Bennett, as President of Cambridge Development,
Inc., a Florida corporation, general partner of Cambridge
Development, Ltd., a Florida limited partnership, who is
personally known to me or who produced as
identification, and who acknowledged that he signed and sealed
the same on behalf of said corporation as his voluntary act and
deed for the uses and purposes therein contained and without
taking an oath.
WITNESS my hand and
State last aforesaid this
official seal
day of
in
the County and
, 1995.
(Notary Signature)
(NOTARY SEAL)
(Notary Name Printed)
NOTARY PUBLIC
Commission
.-
No,
DECLARE.CV
07/19/95
-40-
.f
,
,>
JOINDER AND CONSENT
THE UNDERSIGNED HEREBY CERTIFIES, that it is the owner and
holder of a deed, mortgage, lien or other encumbrance upon the
property described in the foregoing Declaration of Covenants,
Conditions and Restrictions for Seminole County,
Florida (the "Declaration") and that the undersigned hereby joins
in and consents to The Declaration and agrees that its deed,
mortgage, lien or other encumbrance, which is recorded in
Official Records Book ,Page ,of the Public Records of
Orange County, Florida, as modified, shall be subordinated to The
Declaration,
By:
Title:
Witness
Witness
Print name
Print name
STATE OF FLORIDA
SS.
COUNTY OF
The foregoing
this_day of
instrument
,199, by
acknowledged
before
was
me
as
of
He is personally known to me,
(Notary Signature)
Print name and Seal
-41-
BYLAWS
OF
STONE GABLE PROPERTY OWNERS ASSOCIATION, INC.
ARTICLE I
NAME AND LOCATION
The name of the corporation is STONE GABLE PROPERTY
OWNERS ASSOCIATION, INC. (hereinafter referred to as the
"Association"). The principal office of the corporation shall be
located at 861 Douglas Avenue, Altamonte Springs, Florida 32714
but meetings of Members and directors may be held at such places
within the State of Florida, County of Seminole, as may be
designated by the Board of Directors.
ARTICLE II
DEFINITIONS
Unless otherwise provided herein to the contrary, all
terms and words utilized herein shall be as defined in that
certain Declaration of Covenants, Conditions and Restrictions for
Stone Gable, Seminole County, Florida dated
199 and recorded or to be recorded in the Public Records of
Orange County, Florida {the "Declaration"};
.'
ARTICLE III
MEETING OF MEMBERS
Section 1. Annual Meetings. The first annual meeting
of the Members shall be held within one year from the date of
incorporation of the Association, and each subsequent regular
annual meeting of the Members shall be held on the same day of
the same month of each year thereafter, at the hour of 7:00 p.m.
If the day for the annual meeting of the Members is a legal
holiday, the meeting will be held at the same hour on the first
day following which is not a legal holiday.
Section 2. Special Meetings. Special meetings of the
Members may be called at any time by the president or by the
Board of Directors, or upon written request of the Members who
are entitled to vote one-fourth (1/4) of all of the votes of the
Class A membership. Each director shall serve until his or her
successor is elected.
Section 3. Notice of Meetings. Written notice of each
meeting of the Members shall be given by, or at the direction of,
the secretary or person authorized to call the meeting, by
mailing a copy of such notice, postage prepaid, at least fifteen
(15) days before such meeting to each Member entitled to vote,
addressed to the Member's address last appearing on the books of
the Association, or supplied by such Member to the Association
for the purpose of notice. Such notice shall specify the place,
day and hour of the meeting, and, in the case of a special
meeting, the purpose of the meeting.
Section 4. Quorum. The presence at the meeting of
Members entitled to cast, or of proxies entitled to cast, one-
third (1/3) of the votes shall constitute a quorum for any action
except as otherwise provided in the Articles of Incorporation,
the Declaration, or these Bylaws. If, however, such quorum shall
not be present or represented at any meeting, the Members
entitled to vote in attendance shall have the power to adjourn
the meeting from time to time, without notice other than
announcement at the meeting, until a quorum as aforesaid shall be
present or be represented.
-2-
Section 5. Proxies. At all meetings of Members, each
Member may vote in person or by proxy. All proxies shall be in
writing and filed with the secretary. Every proxy shall be
revocable and shall automatically cease upon conveyance by the
Member of his Lot.
ARTICLE IV
BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE
Section 1. Number.
shall be managed by a Board of
be Members of the Association.
The
three
affairs of this Association
(3) directors, who need not
Section 2. Term of Office. At the first annual
meeting, the Members shall elect one director for a term of one
year, one director for a term of two years and one director for a
term of three years; and at each annual meeting thereafter the
Members shall elect one director for a term of three years.
Section 3. Removal. Any director may be removed from
the Board, with or without cause, by a majority vote of the
Members of the Association. In the event of death, resignation
or removal of a director, his successor shall be selected by the
remaining Members of the Board and shall serve for the unexpired
term of his predecessor.
Section 4. ComDensation. No director shall receive
compensation for any service he may render to the Association.
However, any director may be reimbursed for his actual expenses
incurred in the performance of his duties.
-3-
Section 5. Action Taken Without a Meeting. The
directors shall have the right to take any action in the absence
of a meeting which they could take at a meeting by obtaining the
written approval of all the directors. Any action so approved
shall have the same effect as though taken at a meeting of the
directors.
ARTICLE V
NOMINATION AND ELECTION OF DIRECTORS
Section 1, Nomination. Nomination for election to the
Board of Directors shall be made by a Nominating Committee.
Nominations may also be made from the floor at the annual
meeting. The Nominating Committee shall consist of a Chairman,
who shall be a member of the Board of Directors, and two or more
Members of the Association. The Nominating Committee shall be
appointed by the Board of Directors prior to each annual meeting
of the Members, to serve from the close of such annual meeting
until the close of the next annual meeting and such appointment
shall be announced at each annual meeting. The Nominating
Committee shall make as many nominations for election to the
Board of Directors as it shall in its discretion determine, but
not less than the number of vacancies that are to be filled.
Such nominations may be made from among Members or non-members.
Sect ion 2. Elect ion. Elect ion to the Board of
Directors shall be by secret written ballot. At such election
the Members or their proxies may cast.. in respect to each
, vacancy, as many votes as they are entitled to exercise under the
provisions of the Declaration. The persons receiving the largest
number of votes shall be elected, Cumulative voting is not
permitted.
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ARTICLE VI
MEETINGS OF DIRECTORS
Section 1. Reqular Mp.p.tings. Regular meetings of the
Board of Directors shall be held monthly without notice, at such
place and hour as may be fixed from time to time by resolution of
the Board. Should said meeting fall upon a legal holiday, then
that meeting shall be held at the same time on the next day which
is not a legal holiday.
Section 2. Special Meetings. Special meetings of the
Board of Directors shall be held when called by the president of
the Association, or by any two directors, after not less than
three (3) days notice to each director.
Section 3. Quorum. A majority of the number of
directors shall constitute a quorum for the transaction of
business. Every act or decision done or made by a majority of
the directors present at a duly held meeting at which a quorum is
present shall be regarded as the act of the Board.
ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1.
Powp.rs.
The Board of Directors shall have
power to:
.-
(a) Adopt and publish rules and regulations
governing the use of the Common Area and facilities, and the
personal conduct of the Members and their guests thereon, and to
establish penalties for the infraction thereof;
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(b) Suspend the voting rights of a Member
during any period in which such Member shall be in default in the
payment of any assessment levied by the Association. Such rights
may also be suspended after notice and hearing, for a period not
to exceed sixty (60) days for infraction of published rules and
regulations;
(c) Exercise for the Association all powers,
duties and authority vested in or delegated to this Association
and not reserved to the membership by other provisions of these
Bylaws, the Articles of Incorporation, or the Declaration;
Board of Directors
absent from three
of Directors; and
(d) Declare the office of a member of the
to be vacant in the event such member shall be
(3) consecutive regular meetings of the Board
(e) Employ a
contractor, or such other employees
to prescribe their duties.
manager, an independent
as they deem necessary, and
Section 2. Dutip.s.
of Directors to:
It shall be the duty of the Board
(a) Cause to be kept a complete record of
all its acts and corporate affairs and .to present a statement
thereof to the Members at the annual meeting of the Members, or
at any special meeting when such statement is requested in
writing by one-fourth (1/4) of the Class A Members who are
entitled to vote;
(b) Supervise
employees of this Association, and
properly performed;
all officers, agents
to see that their duties
and
are
-6-
(c) As
more
fully
provided
in
the
Declaration to:
(1) Fix the amount
assessment against each Lot at least thirty (30)
of each annual assessment period;
of the
days in
annual
advance
(2) Send written notice
assessment to every Owner subject thereto at least
days in advance of each annual assessment period; and
of
thirty
each
(30)
(3) Foreclose the
property for which assessments are not paid
days after due date or to bring an action
Owner personally obligated to pay the same.
lien against
within thirty
at law against
any
(30 )
the
(d) Issue, or to cause an appropriate
officer to issue, upon demand by any person, a certificate
setting forth whether or not any assessment has been paid. A
reasonable charge may be made by the Board for the issuance of
these certificates. If a certificate states an assessment has
been paid, such certificate shall be conclusive evidence of such
payment;
(e) Procure
and hazard insurance on property
and maintain adequate liability
owned by the Association;
(f) Cause all officers or employees having
fiscal responsibilities to be bonded, as it may deem appropriate;
(g) Cause the Common Area to be maintained.
-7-
ARTICLE VIII
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices. The officers of
this Association shall be a president and vice-president, who
shall at all times be members of the Board of Directors, a
secretary, and a treasurer, and such other officers as the Board
may from time to time by resolution create.
Section 2. Election of Officers. The election of
officers shall take place at the first meeting of the Board of
Directors following each annual meeting of the Members.
Section 3. 'I.e.z:m. The officers of this Association
shall be elected annually by the Board and each shall hold office
for one (1) year unless he shall sooner resign, or shall be
removed, or otherwise disqualified to serve. Each officer shall
serve until his or her successor is elected.
Section 4. Special ~pointments, The Board may elect
such other officers as the affairs of the Association may
require, each of whom shall hold office for such period, have
such authority, and perform such duties as the Board may, from
time to time, determine.
Section 5. Resignation and Removal. Any officer may
be removed from office with or without cause by the Board. Any
officer may resign at any time giving written notice to the
Board, the president or the secretary, Such resignation shall
take effect on the date of receipt of such notice or at any later
time specified therein, and unless otherwise specified therein,
the acceptance of such resignation shall not be necessary to make
it effective.
-8-
Section 6. Vacancies. A vacancy in any office may be
filled by appointment by the Board. The officer appointed to
such vacancy shall serve for the remainder of the term of the
officer he replaces.
Section 7. Multiple Offices. The offices of secretary
and treasurer may be held by the same person. No person shall
simultaneously hold more than one of any of the other offices
except in the case of special offices created pursuant to
Section 4 of this Article.
Section 8. Duties.
The duties of the officers are as
follows:
President
(a) The president shall preside at all
meetings of the Board of Directors; shall see that orders and
resolutions of the Board are carried out; shall sign all leases,
mortgages, deeds and other written instruments and shall co-sign
all checks and promissory notes.
Vice-President
(b) The vice-president shall act in the
place and stead of the president in the event of his absence,
inability or refusal to act, and shall exercise and discharge
such other duties as may be required of him by the Board.
Secretary
keep the minutes
of the Members;
(c) The secretary shall record the votes
of all meetings and proceedings of the Board
keep the corporate seal of the Association
and
and
and
-9-
affix it on all papers requiring said seal; serve notice of
meetings of the Board and of the Members; keep appropriate
current records showing the Members of the Association together
with their addresses, and shall perform such other duties as
required by the Board.
Treasurer
(d) The treasurer shall receive and deposit
in appropriate bank accounts all monies of the Association and
shall disburse such funds as directed by resolution of the Board
of Directors; shall sign all checks and promissory notes of the
Association; keep proper books of account; cause an annual audit
of the Association books to be made by a public accountant at the
completion of each fiscal year; and shall prepare an annual
budget and a statement of income and expenditures to be presented
to the membership at its regular annual meeting, and deliver a
copy of each to the Members.
ARTICLE IX
COMMITTEES
.'
The Board of Directors shall appoint an Architectural
Control Committee (except for such period as the same is
appointed by the Builder), as provided in the Declaration, and
the Association shall appoint a Nominating Committee, as provided
in these Bylaws. In addition, the Board of Directors shall
appoint other committees as deemed appropriate in carrying out
its purpose.
-10-
ARTICLE X
BOOKS AND RECORDS
The books, records and papers of the Association shall
at all times, during reasonable business hours, be subject to
inspection by any Member. The Declaration, the Articles of
Incorporation and the Bylaws of the Association shall be
available for inspection by any Member at the principal office of
the Association, where copies may be purchased at reasonable
cost.
ARTICLE XI
ASSESSMENTS
As more fully provided in the Declaration, each Member
is obligated to pay to the Association Annual, Special, and
Single Lot Assessments which are secured by a continuing lien
upon the property against which the assessment is made. Any
assessments which are not paid when due shall be delinquent. If
the assessment is not paid within thirty (30) days after the due
date, the assessment shall bear interest from the date of
delinquency at the rate of eighteen percent (18%) per annum, and
the Association may bring an action at law against the Owner
personally obligated to pay the same or foreclose the lien
against the property, and interest, costs, and reasonable
attorney's fees of any such action shall be added to the amount
of such assessment. No Owner may waiver or otherwise escape
liability for the assessments provided for herein by nonuse of
the Common Area or abandonment of his Lot.
-11-
ARTICLE XII
CORPORATE SEAL
The Association shall have a seal in
having within its circumference the words: Stone
Owners Association, Inc.
circular form
Gable Property
ARTICLE XIII
AMENDMENTS
Section 1. These Bylaws may be amended, at a regular
or special meeting of the Members, by a vote of a majority of a
quorum of Members present in person or by proxy, except that the
Federal Housing Administration or the Veterans Administration
shall have the right to veto amendments while there is Class B
Membership.
Section 2. In the case of any conflict between the
Articles of Incorporation and these Bylaws, the Articles shall
control; and in the case of any conflict between the Declaration
and these Bylaws, the Declaration shall control.
ARTICLE XIV
MISCELLANEOUS
.'
The fiscal year of the Association shall begin on the
first day of January and end on the 31st day of December of every
year, except that the first fiscal year shall begin on the date
of incorporation.
-12-
the
set
.'
IN WITNESS WHEREOF, we,
Stone Gable Property Owners
our hands this day of
being all of the directors of
Association, Inc. have hereunto
, 199 .
Dana A. Bennett
William S. Orosz, Jr.
Jerry Steakley
-13 -
.r
, .
CERTIFICATION
I, the undersigned, do hereby certify:
THAT, I am the
Stone Gable Property
corporation, and,
Bylaws of
Board of
199 .
duly elected and acting secretary of the
Owners Association, Inc., a Florida
THAT the foregoing Bylaws constitute the original
said Association, as duly adopted at a meeting of the
Directors thereof, held on the day of
BYLAWS.HOA
11/06/96 .
,Secretary
-14 -
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