HomeMy WebLinkAbout2002 02 11 Regular J Record the Plat and Supplemental Covenants for Avery Park
COMMISSION AGENDA
ITEM J
Consent
Information
Public Hearin
Re ular
xx
February 1 L 2002
Meeting
Mgr. p.----- /DrZ'-
J
REQUEST: Community Development Department requests that the Commission approve the
recordation of the plat and supplemental covenants for A very Park.
PURPOSE: The purpose of this agenda item is to record the plat and supplemental covenants
for Avery Park (property located along the west side of Tuskawilla Road, west of
the High Flavor Meat Plant and south and west of the Tuskawilla Trails
manufactured home park). This subdivision plat contains 88 single family
residential lots.
APPLICABLE CODE:
Code Section 9-75. Final Plat, contents and recording procedures.
(a) The fmal plat shall confonn substantially to the approved preliminary plan,
and shall be submitted to the city planner as follows:
(I) The final plat shall include one (1) linen original. If more than one (1) sheet
is required, a suitable index map showing the entire development with index
for the various sheets shall be shown on the first sheet.
(2) The final plat shall show streets, lots, blocks and easements indicating the
centerline, width and sidelines of all easements.
(3) Surveys and surveying data on the final plat shall be in accordance with
acceptable professional practices and principles for land surveying and
preparation of plats. Special consideration shall be given to the relationship of
the proposed plat to existing abutting plats to prevent unintended overlap or
omission of lands.
February 11, 2002
Regular Agenda Item J
Page 2
(4) Mortgage holders shall execute before two (2) witnesses and a notary public
the following certification on plats: "The mortgagee(s) consents and agrees to the
platting of lands embraced in this plat and to the dedication(s) shown herein; and
further, should it become necessary to foreclose the mortgage covering the
property, that all pieces and parcels dedicated to the public will be excluded from
the suit and the dedication shall remain in full force and effect."
(5) A dedication to the public by the owners of all roads, streets, alleys,
easements and other rights-of-way, however designated, shown on the plan for the
perpetual use of all public purposes.
(b) Three (3) copies of all protective or restrictive covenants to be recorded shall
be submitted with the final plat.
(c) A letter from an acceptable abstractor shall certifY the following:
(I) That the parties executing the plats are owners of the land included therein.
(2) All recorded mortgages, liens and other encumbrances.
(3) That taxes and assessments have been paid to date.
(4) That the description shown on the plat is correct.
(d) An appropriate bond submitted in accordance with the bonding procedures
set forth in section 9-76 shall be required for all developments within which
improvements are to be dedicated to the public.
Code Section 9-76. Bonding procedures.
(a) Surety-performance bond. When requesting to record a plat for property with
streets to be dedicated to the public in which all improvements have not been
installed or have been only partially installed, the developer shall provide a
corporate or surety completing bond including a payment of vendors' clause
executed by a company authorized to do business in the state and acceptable to
the city, payable to the city in the penal sum of the amount of the engineer's
estimate or alternative bid estimates for the uncompleted portions of the work to
be done to provide streets, drainage facilities, street signs, water and sewer
facilities,sidewalks and other improvements as shown on the final development
plan. As an alternative to the provision of a corporate or surety bond, the
subdivider may provide the deposit of equivalent cash in an escrow account with
the city, or a letter of credit drawn on an approved institution, drawn in a form
approved by the city attorney.
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February 11, 2002
Regular Agenda Item J
Page 3
Section 9.77. Approval of final plat.
The city commission may approve the final plat, considering any applicable
agency reports, if the plan is in substantial conformity with the approved
preliminary plans and it complies with regulations established by this chapter.
Action by the city commission may be taken expeditiously, but not to exceed
thirty (30) days after receipt of the final plat and supporting data by the city unless
delay is requested or caused by the applicant. If the commission certifies that the
development has met all requirements hereof, the plat shall be endorsed as finally
approved by the mayor and attested by the city clerk in order that the same may
be recorded among the public records of the county.
Code Section 9-78. Recording/distribution of the final plat.
Upon completion of all approval action, the city planner shall be responsible for
ensuring that the original linen is signed and sealed, and the plan and deed
restrictions, if any, are delivered to the appropriate authority for recording. The
developer shall submit to the city the recording fee as specified in the current fee
schedule.
Code Section 9-178. Required improvements to be completed prior to
building on lots; exceptions
(d) No building permit shall be issued unless the water lines and fire hydrants are
in operation within the subdivision sufficient for fire suppression and there shall
be adequate access to the building sites for all city vehicles. Certificates of
occupancy will not be issued until all improvements are accepted by the city
commISSIon.
FINDINGS: I) Final engineering was approved by the Commission on May 29, 2001.
2) The City Engineering Inspector has determined that Avery Park is nearly
complete.
3) The developer furnished a performance bond in the amount of$I,249,845.00,
which is in excess of the remaining construction work.
4) Approval of the recordation of the plat and supplemental covenants will allow
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February 11, 2002
Regular Agenda Item J
Page 4
building permits to be issued as per Section 9-178. Certificates of Occupancy
will not be issued until such time that the Commission approves the acceptance
of improvements for City maintenance.
RECOMMENDATION:
The recommendation is that the City Commission approve the recordation of the
plat and protective covenants for Avery Park, subject to the City Attorney's
review and approval of the plat, title certification, and protective covenants.
ATTACHMENTS:
A Declaration of Protective Covenants and Restrictions for Avery
Homeowner's Association, Inc,
B Avery Park Final Subdivision Plat.
C Performance Bond in the amount of $1,249,845.00.
COMMISSION ACTION:
NOTE:
Please return the plats to the Current Planning Coordinator after the
meeting so they may be used (or addressing purposes.
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ATTACHMENT A
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DECLARATION
. OF
PROTECTIVE COVENANTS
AND RESTRICTIONS
FOR
AVERY PARK
HOMEOWNERS' ASSOCIATION, INC.
Prepared by:
Carl H. Cahill
131 Park Lake Street
Orlando, FL 32803
Phone (407) 422-5456
Fax (407) 841-1623
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DECLARATION OF
PROTECTIVE COVENANTS AND RESTRICTIONS
FOR A VERY PARK HOMEOWNERS' ASSOCIATION, INC.
TABLE OF CONTENTS
PAGE
. RECITALS and DECLARATION
2
ARTICLE: DEFINITiONS
Section 1. Assessment 3
Section 2. Association 3
Section 3. Board 3
Section 4. Common Expenses 3
Section 5. Common Property 3
Section 6 Covenants 4
Section 7. Declaration 4
Section 8. Developer 4
Section 9. Governing Documents 4
Section 10. Improvements 4
Section II. Lots 4
Section 12. Development Plan 4
Section 13. Member 4
Section 14. Owner 5
Section 15. Person 5
Section 16. Property 5
Section 17. Resident 5
II
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Section 18. Street 5
Section 19. Supplement 5
Section 20. AVERY PARK 5
Section 21. Capitalized Terms 5
Section 22. Surface Water or Storm water Management System 5
Section 23. Easement for Access and Drainage 6
Section 24. Duties of Association 6
Section 25. Conservation Easements 6
ARTICLE II: PROPERTY SUBJECT TO TillS DECLARATION AND
ADDITIONS TO THE PROPERTY
Section I.
Section 2.
Section 3.
Section 4.
Property Subject to Declaration
6
Amendments to Declaration
6
Additions to The Property
7
Plat or Site Plan Change
8
ARTICLE Ill: MEMBERSIllP AND VOTING RIGHTS IN THE ASSOCIATION
.
Section 1.
Section 2.
Section 3.
Membership
8
Members' Voting Rights
8
Board of Directors
8
ARTICLE IV: PROPERTY RIGHTS IN THE COMMON PROPERTY
Section 1.
9
Section 2.
Section 3.
Section 4.
Members' Easement of Enjoyment
Title to Common Property
9
Mortgage of Common Property
9
Extent of Members' Easements
9
III
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ARTICLE V: COVENANT FOR MAINTENANCE ASSESSMENTS
Section I. Creation of the Liens and Personal Obligation of
Assessments 10
Section 2. Purpose of Assessment II
Section 3. Original and Annual Assessments 11
Section 4. Special Assessments for Capital Improvements 12
Section 5. Certificate of Payment 13
Section 6. Payment of Assessment for Common Expenses 13
Section 7. Assessments for Common Expenses for Lots 13
Owned by the Developer
Section 8. Monetary Defaults and Collection of Assessments 13
Section 9. Certified as to Unpaid Assessments or Defaults 15
Section 10. Exempt Property 15
ARTICLE VI: ARCIDTECTURAL REVIEW BOARD
Section I. Composition 16
Section 2. Planning Criteria 16
Section 3. Duties 16
Section 4. Initial Construction of an Improvement 17
Section 5. Left Blank 17
Section 6. Alteration of Existing Improvement 17
Section 7. Subordination of Obligation and Lien 19
Section 8. Subsequent "Certificate of Approval" Not Necessary
Unless "Notice of Noncompliance" Recorded 19 .
Section 9. Architectural Review Board Planning Criteria 19
IV
ARTICLE VII: ENFORCEMENT OF NON-MONETARY DEFAULTS
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Section I. Non-monetary Defaults 22
Section 2. No Waiver 23
Section 3. Rights Cumulative 23
Section 4. Enforcement By or Against Other Persons 23
Section 5. Certificate as to Default 23
ARTICLE VIII: INDEMNIFICATION
Section I.
Indemnification of Officers, Members of the
Board, or Agents
24
ARTICLE IX: RESTRICTIVE COVENANTS
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section II.
Section 12.
Section 13.
Mining or Drilling
25
Clothes Drying Areas
25
Antennas, Aerials, Discs, Flagpoles
25
Statues, Windmills, Fountains
25
Games and Play Structures
26
Litter
26
Subdivision or Partition
26
Casualty Destruction to Improvements
26
Common Property
26
Insurance Rates
26
Pets, Livestock, Poultry
26
Signs
27
Garbage Containers, Oil and Gas Tanks,
Pool Equipment, Outdoor Equipment
27
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Section 14. Solar Collectors 27
Section 15. Maintenance of the Property 27
Section 16. Vehicles and Recreational Equipment 28
Section 17. Repairs 28
Section 18. Prohibited Structures 28
Section 19, Underground Utility Lines 29
Section 20. Nuisances 29
Section 2l. Compliance with Documents 29
Section 22. Exculpation of the Developer 29
Section 23. Other Restrictions 29
Section 24. No Implied Waiver 29
Section 25. Imposition of Fines for Violations 30
ARTICLE X: CONSERVATION EASEMENTS
Section 1. Conservation Easement Areas 30
ARTICLE XI: MISCELLANEOUS PROVISIONS
Section i. Assignment of Rights and Duties to Association 32
Section 2. Certificate of Termination ofInterest 33
Section 3. Waiver 33
Section 4. Covenants to Run with the Title to the Land 33
Section 5. Term of Declaration 33
Section 6. Amendments of this Declaration 34
Section 7. Disputes 34
Section 8. Governing Law 34
VI
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Section 9. Invalidation 34
Section 10. Usage 34
Section 11. Conflict: Reaffirmation 34
Section 12. Enforcement 35
Section 13. Notice 35
EXHIBIT A: ARTICLES OF INCORPORATION
Article 1.
Name
37
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Article 9.
Article 10.
Article II.
Article 12.
Article 13.
Definitions
37
Purpose
37
Powers
38
Members
39
Members of the Board
41
Officers
42
Indemnification
42
Bylaws
44
Amendments
44
Term
45
Incorporation
45
Initial Registered Office Address and
Name of Initial Registered Agent
45
CERTIFICATE DESIGNATION, REGISTERED AGENT FOR
THE SERVICE OF PROCESS WITIDN TIDS STATE
47
VII
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EXHIBIT B: BYLAWS
I. General 49
2. Membership in General 50
3. Membership Voting 50
4. Membership Meetings 51
5. Board' 53
6. Officers 61
7. Finances and Assessments 62
8. Parliamentary Rules 63
9. Amendments 64
10. Rules and Regulations 64
II. Miscellaneous 64
12. Incorporation 65
13. Initial Registered Office Address and
Name ofInitial Registered Agent 65
CERTIFICATE DESIGNATION, REGISTERED AGENT FOR
THE SERVICE OF PROCESS WITHIN THIS STATE 67
VIII
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DECLARATION OF '
PROTECTIVE COVENANTS AND RESTRICTIONS
FOR A VERY PARK HOMEOWNERS' ASSOCIATION, INC.
KNOW ALL MEN BY THESE PRESENT, that this Declaration of Protective Covenants
and Restrictions for A VERY PARK (the "Declaration"), is made and entered into as of
the 15th day of June, 2001 by Avery Park, LLC, aFlorida limited .liability company,
hereinafter referred to as the "Developer."
RECITALS
The foregoing Recitals are true and correct and incorporated herein by this reference.
1. The Developer is the owner of all, or substantially all, of the property (as defmed
in Article I) and desires to create thereon a residential community with an
entrance feature and open spaces and common facilities for the benefit of the
community.
2. The Developer desires to provide for the preservation of the values and amenities
in the community and for the maintenance of the open spaces 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 Owner (as defmed in
Article I) thereof.
3. The Developer has deemed it desirable for the efficient preservation of the values
and amenities in the community to create an agency to which should be delegated
and assigned the powers of maintaining and administering the communjty
properties and facilities and administering and enforcing the covenants and
restrictions and collecting and disbursing the assessments and charges hereinafter
created.
4. The Developer has incorporated under the laws of the State of Florida, as a
corporation not-for-profit, the AVERY PARK HOMEOWNERS'
ASSOCIATION, INC., the purpose of which shall be to exercise the functions
aforesaid.
DECLARATION
Now, therefore, the Developer declares that the Property shall be held, transferred, sold,
conveyed and occupied subject to the covenants, restrictions, easements, charges and
liens hereinafter set forth.
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ARTICLE I
DEFINITIONS
Unless prohibited by the context in which they are used, the following words, when used
in this Declaration, shall be defmed as set out below:
Section 1. ASSESSMENT. "Assessment" shall mean and refer to those charges
made by the Association from time to time against each Lot within the Property for the
purposes set forth herein, and shall include, but not be limited to Annual Assessment for
Common Expenses, Special Assessment for Common Expenses and Special Assessment
for Capital Improvements. Assessments shall also be used for the maintenance and repair
of the surface water or stormwater management systems, including but not limited to
work within retention areas, drainage structures and drainage easements.
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Section 2. ASSOCIA nON. "Association" shall mean A VERY PARK
HOMEOWNERS' ASSOCIATION, INC., a Florida corporation not-for-profit. Copies
of the Articles of Incorporation and Bylaws of the Association are attached to this
Declaration as Exhibits "A" and "B" respectively.
Section 3. BOARD. "Board" shall mean the Board of Directors of the
Association.
Section 4. COMMON EXPENSES. "Common Expenses" shall mean and refer
to all expenses incurred by the Association in connection with its ownership and or
maintenance of the Common Property and other obligations set forth herein, or as may be
otherwise determined by the Board.
Section 5. COMMON PROPERTY. "Common Property" shall include, but not
be limited to, the Surface Water or Stormwater Management System, community
swimming pool, playground, recreational center, streets, wall/fence and entry area and
the landscape buffer .between the wall/fence and roads along with the landscaping in the
above areas of A VERY PARK. The Association has the obligation to maintain the
Common Property for the common use, benefit and enjoyment of all Owners.
Maintenance of the Surface Water or Stormwater Management System shall mean the
exercise of practices which allow the System to provide drainage, water storage,
conveyance or other water management capabilities as permitted by the St. Johns River
Water Management District. The Association shall be responsible for such maintenance
and op~ration. Any repair or reconstruction of the Surface Water or Stormwater
Management System shall be as permitted, or, if modified, as approved by the St. Johns
River Management District. Authorized personnel from the City of Winter Springs shall
be allowed to inspect city utilities during normal business hours or during emergency
situations.
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Section 6. COVENANTS. "Covenants" shall mean and refer to the covenant~, .
restrictions, reservations, conditions, easements, charges and liens hereinafter set forth.
All covenants constitute covenants "running with the land" and shall run perpetually
unless terminated or amended as provided herein, and shall be binding on all Owners.
Section 7. DECLARATION. "Declaration" shall mean this instrument,
DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS FOR
AVERY PARK HOMEOWNERS' ASSOCIATION, INC., and all amendments or
supplements made to this instrument.
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Section 8. DEVELOPER. "Developer" shall mean A VERY PARK, LLC a
Florida limited liability company, and' its successors or assigns as designated in writing
by the Developer.
Section 9. GOVERNING DOCUMENTS. "Governing Docwnents" shall mean
this Declaration, any Supplement to the Declaration, the Articles of Incorporation, and
the Bylaws of the Association, as the same may be amended from time to time and filed
in the Public Records of Seminole County, Florida. In the event of conflict, the
Declaration and any Supplement to the Declaration, the Articles of Incorporation, and the
Bylaws, in that order, shall control. One Governing Document's lack of provision with
respect to a matter for which provision is made in another Governing Docwnent shall not
be deemed a conflict or inconsistency between such Governing Documents.
Section 10. IMPROVEMENTS. "Improvements" shall mean and refer to all
structures of any kind, including, without limitation, any building, fence, wall, sign,
paving, grating, parking and building addition, alteration, screen enclosure, sewer, drain,
disposal system, decorative building, recreational facility, landscaping exterior lighting or
landscape device or object.
Section 11. LOT. "Lot" shall mean and refer to each portion of the Property under
separate ownership, or which is capable of separate ownership, including all Lots shown
on the plat, and all Improvements located thereon. Each portion of the Property which is
considered a separate parcel for real property tax purposes shall be considered a Lot.
Section 12. DEVELOPMENT PLAN. "Development Plan" shall mean and refer
to the Developer's plan for development of A VERY PARK, showing the nwnber and
general location of Lots. The Development Plan may be amended from time to time by
the Developer.
Section 13. MEMBER. "Member" shall mean and refer to all those Owners who
are Members of the Association as provided in Article III. The term "Member" shall not
mean or refer to any builder or developer who, in its normal course of business, purchases
any Lot for the purpose of constructing an Improvement thereon for resale, but shall
mean and refer to those persons who (i) purchase a Lot to have a residence built for them,
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or (ii) purchase a Lot and the Improvements thereon during or after completion of
construction.
Section 14. OWNER. "Owner" shall mean and refer to the record Owners,
whether one or more persons or entities, of the fee simple title to any Lot situated upon
the Property, but, notwithstanding any applicable theory of mortgage, shall not mean or
refer to a mortgagee unless and until such mortgagee has acquired title pursuant to
foreclosure or any proceeding in lieu of foreclosure.
Section 15. PERSON. "Person" shall mean and include an individual, corporation;
governmental agency, business trust, estate, trust, partnership, association, sole
proprietorship, joint venture, two or more persons having a joint or common interest, or
any other legal entity.
Section 16. PROPERTY. "Property" shall mean and refer to A VERY PARK, as
per the plat thereof, recorded in Plat Book _, Pages , Public Records of
Seminole County, Florida, being all real property which has become subject to this
Declaration.
Section 17. RESIDENT. "Resident" shall mean and refer to the legal occupant of
any Lot. The term "Resident" shall include the Owner of the Lot and any tenant, lessee
or licensee of the Owner.
Section 18. STREET.' "Street" shall mean and refer to any street or other
thoroughfare within A VERY PARK, whether same is designated as Street, A venue,
Boulevard, Drive, Place, Court, Road, Terrace, Way, Circle, Land, Walk or other similar
designation.
Section 19. SUPPLEMENT. "Supplement" shall mean a document and the
exhibits thereto which, when recorded in the Public Records of Seminole County,
Florida, shall subject additional real property to the provisions of this Declaration.
Section 20. A VERY PARK. "A VERY PARK" shall mean the real estate
development located in Seminole County, Florida, developed by the Developer, which
includes the Property and additional real property to be added to the property upon the
recording of an appropriate Supplement(s) in the Public Records of Seminole County,
Florida.
Section 21. CAPITALIZED TERMS. All capitalized terms utilized herein shall
have the same meaning' as set forth in the Declaration unless a different or new definition
is specifically provided herein.
Section 22. SURFACE WATER OR STORMW A TER MANAGEMENT
SYSTEM. "Surface Water or Stormwater Management System" means a system which
is designed and constructed or implemented to control discharges which are necessitated
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by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat,.
use or reuse water to prevent or reduce flooding, over drainage, environmental
degradation, and water pollution, or otherwise 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.
Section 23. EASEMENT FOR ACCESS AND DRAINAGE. The Association
shall have a perpetual non-exclusive easement over all areas of the Surface Water or
Stormwater Management System for access to operate, maintain or repair the System. By
this easement, the Association shall have the right to enter upon any portion of any Lot
which is a part of the Surface Water or Stormwater Management System, at a reasonable
time and in a reasonable manner, to operate, maintain or repair the Surface Water
Stormwater Management System as required by the St. Johns River Water Management
District permit. Additionally, the Association shall have a perpetual non-exclusive
easement for drainage over the entire Surface Water or Stormwater Management System,
including buffer areas or swales.
Section 24. DUTIES OF ASSOCrA TION. 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 allows the System to provide drainage,
water storage, conveyance or other surface water or stormwater management capabilities,
as permitted by the St. Johns River Water Management District. Any repair or
reconstruction of the Surface Water of Stormwater Management System shall be as
permitted, or, if modified, as approved by the St. Johns River Water Management
District.
Section 25. CONSERV ATrON EASEMENTS. "Conservation Area" . or
Conservation Easement Area" shall mean and refer to all such property so designated as
Tract(s) upon any recorded Subdivision Plat or Plats of the Properties.
The Developer reserves the right to add lands to the Conservation Easement Area.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
AND ADDITIONS TO THE PROPERTY
Section 1. PROPERTY SUBJECT TO DECLARATION. The Property is, and
shall be held, transferred, sold, conveyed, and occupied subject to this Declaration.
Section 2. AMENDMENTS TO DECLARATION. Until the Turnover Date,
subject to Article X, Section 13, the Developer shall have the right and power of
amendment, annulment or waiver of this Declaration, and such amendment, annulment or
waiver by the Developer shall not require the joiner of Owners or mortgagees of any
interest in the Property. Until the Turnover Date, no such amendment, annulment or
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waiver shall be made without the prior written consent of the Developer, it successors.
and assigns. Moreover, as long as the Developer owns a Lot in the property, the
Developer reserves and shall have the sole right (a) to amend this Declaration for the
purpose of curing any error, omission or ambiguity herein or any inconsistency between
or among the provisions contained herein, (b) to include in any contract or deed or other
instrument hereafter made, any additional covenants and restrictions applicable to the
Property which do not unreasonably lower standards of the covenants and restrictions
herein contained, and (c) to release any Lot from any part of this Declaration, which has
been violated if the Developer, in its sole judgment, determines such violation to be a
minor or insubstantial violation. On and after the Turnover Date, any provisions,
covenants or restrictions set forth in this Declaration may be amended, annulled, waived,
or terminated as follows: No amendment shall be made which shall affect the rights and
obligations of the Developer, unless the Developer consents to same. The Members who
represent votes totaling at least two-thirds (2/3) of the total votes of the Members may
change, amend, annul, waive or terminate, any provision hereof, except as above
mentioned, in the whole or in part, by executing a written instrument in recordable form
setting forth such change or amendment and having the same duly recorded in the Public
Records of Seminole County, Florida. In lieu of the recorded instruments executed as
provided above, such instrument to be recorded may be executed by the Association,
provided there is a certification in such recorded instrument that a duly authorized
Owners' meeting was convened with the requisite quorum and necessary affirmation vote
totaling two-thirds (2/3) of the total votes entitled to be cast by Members entitled to vote
in person or by proxy for said amendment in accordance with the terms of this
Declaration.
Section 3. ADDITIONS TO THE PROPERTY. Additional lands may become
subject to this Declaration in the following manner:
(a) Additions by the Developer. The Developer may from time to
time bring other property under the provisions hereof by recorded supplemental
declarations (which shall not require the consent of any Member or the Association or
any mortgagees) and thereby add to the property. Unless and until any such lands are
subject to the terms of this Declaration by supplemental declarations, this Declaration
shall not be considered a restriction or encumbrance upon title to such lands.
(b) Additions by Merger. Upon a merger or consolidation of the
Association with another Association as provided in the Articles, its properties, rights and
obligations may, by operation of law, be transferred to another surviving or consolidated
association or, alternatively, the properties, rights and obligations of another association
may, by operation of law, be added to the properties rights and obligations of the
Association as a surviving corporation pursuant to a merge. The surviving or
consolidated Association may administer the covenants and restrictions established by
this Declaration within the Property together with the covenants and restrictions
established upon any other property as one scheme.
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Section 4. Plat or Site Plan Changes. Developer reserves the right to make su~h
changes and/or modifications to any plat or site plan as are required by appropriate
governmental authorities or as Developer deems necessary for additions to the Properties.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
IN THE ASSOCIATION
Section 1. MEMBERSHIP. Except as is set forth in this Section 1, every Person
who is a record title holder of a fee or undivided fee interest in any Lot which is subject
by covenants of record to assessment by the Association shall be a Member of the
Association, provided that any such Person which holds such interest merely as a security
for the performance of any obligation shall not be a Member. A builder or developer
who, in its normal course of business, purchases a Lot for the purpose of constructing an
Improvement thereon for resale shall not become a Member of the Association so long as
such builder or developer does not occupy the Improvement as a residence. Only those
Persons who purchase a Lot to have a residence built for them, or a Lot and the
Improvement during or after completion of construction, and the Developer, shall be
Members. Notwithstanding the previous sentence, if a builder or developer does occupy
. an Improvement as his primary personal residence and so notifies the Association in
writing, thereafter such builder or developer shall be considered a Member of the
Association. The Developer shall retain the rights of Membership, including, but not
limited to, the Voting Rights to all Lots owned by Persons not entitled to Membership as
herein defined.
Section 2. MEMBERS' VOTING RlGHTS. The votes of the Members shall be
established and exercised as provided in the Articles and Bylaws.
Section 3. BOARD OF DIRECTORS. The Association shall be governed by the
Board which shall be appointed, designated or elected, as the case may be, as follows:
(a) Turnover of Control. Developer shall have the right to appoint
the initial members of the Board and their successors until the earlier of (i) ninety (90)
days after the Developer has conveyed to purchasers ninety-five (95) percent of the Lots
ultimately planned for development in A VERY PARK; (ii) January 1, 2010 or (iii) the
date Developer voluntarily relinquishes its right to continue to designate members of the
Board, and records in the Public Records of Seminole County, Florida a Certificate of
Termination of Interest in A VERY PARK (the "Turnover Date"). For purposes hereof
the term "Purchasers" shall be deemed to mean ultimate Purchasers of a Lot for their use
as a residence. Upon and after the Turnover Date, the Board shall be elected by the
Members in accordance with the terms and provisions of this Declaration and the Articles
and By-Laws, except that the Developer shall be entitled to elect one (1) Member to the
Board for so long as the Developer owns any Lots in the Property.
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(b) Election of the Board. After the Developer no longer has the.
right to appoint all members of the Board under Subsection 3(a) of this ARTICLE III, or
earlier if the Developer so elects, then, and only then, shall any member of the Board be
elected by the Members of the Association.
(c) Vacancies. A member of the Board may be removed and
vacancies on the Board shall be filled in the manner provided by the Bylaws. However,
any member of the Board appointed by the Developer may only be removed by the
Developer, and any vacancy on the Board of a member appointed by the Developer shall
be filled by the Developer.
ARTICLE IV
PROPERTY RIGHTS IN THE COMMON PROPERTY
Section 1. MEMBERS' EASEMENT OF ENJOYMENT. Subject to the
provisions of Section 3 and Section 4 of this ARTICLE IV, every Member shall have a
Right and Easement of Enjoyment in and to the Common Property, and such Easement
shall be appurtenant to and shall pass with the title to every Lot.
Section 2. TITLE TO COMMON PROPERTY. Developer shall convey legal
title to the Common Property to the Association free and clear of encumbrances before
the first Lot is conveyed to a purchaser, and such conveyance shall be subject to the terms
of this Declaration, and all amendments and supplements to this instrument, including
any easement and licenses set out therein and easement for such utility services as the
Developer deems appropriate, but may not be subject to the terms of a mortgage except as
subsequently approved by two-thirds (2/3) vote of all Members entitled to cast votes (not
including votes entitled to be cast by the Developer) in accordance with the terms and
conditions of this Declaration. For the purpose hereof, the term "Purchaser" shall.be
deemed to mean an ultimate purchaser of a Lot for use as a residence.
Section 3. MORTGAGE OF COMMON PROPERTY. No mortgage, pledge,
hypothecation, transfer or conveyance of the Common Property by the Developer or the
Association shall be effective unless written notice of the proposed agreement and actions
there under is sent to every Owner at least thirty (30) days in advance of any action taken;
and unless such mortgage, pledge, hypothecation, transfer or conveyance shall be
approved by a vote of two-thirds (2/3) of all Members entitled to cast votes (not including
votes entitled to be cast by the Developer) pursuant to the terms and conditions of this
Declaration.
Section 4. EXTENT OF MEMBERS' EASEMENTS. The Rights and Easements
of Enjoyment created hereby shall be subject to the following:
(a) The Right of the Developer and ofthe Association, in accordance
with its Articles and Bylaws, to borrow money for the purpose of improving the Common
Property and in aid thereof, to mortgage the Common Property, except that the Developer
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and the Association shall not have the right to mortgage the streets and easements shown .
on the recorded subdivision plat. In an event of a default upon any such mortgage, the
lender shall have a right, after taking possession of such properties, to charge admission
and other fees as a condition to continue enjoyment by the Members until the mortgage
debt is satisfied, whereupon the possession of such properties shall return to the
Association and all rights of the Members there under shall be fully restored; and
(b) the right of the Association to take such steps as are reasonably
necessary to protect the Common Property against foreclosure; and
( c) the right of the Association, as provided in its Articles and
Bylaws, to suspend the right of any Member to use any portion of the Common Property
for any period during which any assessment remains unpaid, and for any period not to
exceed thirty (30) days for any infraction of its published rules and regulations; and
(d) the right of the Association to charge reasonable admission and
other fees for the use of the Common Property; and
(e) the right of the Association to dedicate or transfer all or any part
of the Common Property to any public agency, authority, or utility for such purposes and,
subject to such conditions as may be agreed to by the Members, provided, however, that
no such dedication or transfer, determination as to the purpose or as to the condition
thereof, shall be effective unless an instrument signed by Members entitled to cast two-
thirds (2/3) of the voted irrespective of class of membership has been recorded, agreeing
to such dedication, transfer, purpose or condition, and unless written notice of the
proposed agreement and action there under is sent to every Member at least ninety (90)
days in advance of any action taken.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGA nON OF
ASSESSMENTS. Each Owner of any Lot by acceptance of a deed therefore, whether or
not it.shall be so expressed in any such deed or other conveyance, hereby covenants and
agrees to pay to the Association: (1) the Original Assessment; (2) Annual Assessments
for Common Expenses; (3) Special Assessments for Common Expenses; and (4)
Special Assessments for Capital Improvements, such Assessments to be fixed,
established, and collected from time to time as hereinafter provided. The Original,
Annual, and Special Assessments, together with such interest thereon and costs of
collection thereof as are hereinafter provided, shall be a charge on the land and shall be a
continuing lien upon the Lot against which each such Assessment is made. Each such
Assessment, together with such interest thereon and cost of collection thereof as are
hereinafter provided, shall also be the personal obligation of the person who was the
Owner of such Lot at the time when the Assessment fell due.
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Section 2. PURPOSE OF ASSESSMENT. The Assessment levied by the
Association shall be used exclusively for the purpose of promoting the recreation, health,
safety, and welfare of the residents in the Property and, in particular, for the improvement
and maintenance of properties, services, and facilities which are devoted to the purpose
and related to the use and enjoyment of the Common Property and of the homes situated
upon the Property, including, but not limited to:
(a) Payment of operating expenses of the Association;
(b) Management, maintenance, improvement and beautification of
the Common Property;
(c) Garbage collection and trash and rubbish removal, but only when
and to the extent specifically authorized by the Association;
(d) Repayment of deficits previously incurred by the Association in
furnishing the services provided herein to or for the Owners and the Members of the
Association;
(e) Providing police protection and/or night watclunen, but only
when and to the extent specifically authorized by the Association;
(f) Doing arty other thing necessary or desirable, in the judgment of
the Association, to keep the Property neat and attractive or to preserve or enhance the
value of the Property, or to eliminate fire, health or safety hazards, or which, in the
judgment of the Association, may be of general benefit to the Owners and/or Residents of
land included in the Property;
Association;
(g) Repayment of funds and interest thereon, borrowed by the
(h) Maintenance and repair of easements shown on any recorded
subdivision plat; and
(i) Repayment of the total sum the Developer has paid to the
Association in accordance with the requirements of the Developer's Agreement.
Section 3. ORIGINAL AND ANNUAL ASSESSMENTS.
(a) Original and Annual Assessments. The Original Assessment
shall be six hundred and nolI 00 dollars ($600.00) per Lot, to be paid to the Association at
the time of closing on the purchase of the Lot by the Owner. The Developer or the
Association may use any part or all of said sum for the purposes set forth in Article V,
Section 2.
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(b) Annual Assessment. Until changed by the Board in accordance.
with the terms hereof, the Annual Assessment shall be six hundred and nolI 00 dollm:.s
($600.00) per Lot, payable semi-annually, in advance, on January I and July 1 of each
year. This Annual Assessment shall be in addition to the above-mentioned Original
Assessment and shall be prorated in the year of initial purchase of the Lot. The Annual
Assessment shall be paid directly to the Association to be held in accordance with the
above provisions.
(c) Adjustment to Annual Assessment. Prior to the beginning of
each fiscal year, the Board shall adopt a budget for such fiscal year which shall estimate
all of the Common Expenses to be incurred by the Association during the fiscal year.
The total Common Expenses shall be divided by the number of Lots to establish the
Annual Assessments for Common Expenses per Lot. The Association shall then
promptly notify all Owners in writing of the amount of the Annual Assessment for
Common Expenses for each Lot. From time to time during the fiscal year, the Board may
revise the budget for the fiscal year. Pursuant to the revised budget the Board may, upon
written notice to the Owners, change the amount, frequency and/or due dates of the
Annual Assessment for Common Expenses of each Lot. If the expenditure of funds is
required by the Association in addition to funds produced by the Annual Assessments for
Common Expenses, the Board may make Special Assessments for Common Expenses,
which shall be levied in the same manner as provided for regular Annual Assessments for
Common Expenses and shall be payable in the manner determined by the Board as stated
in the notice of any Special Assessment for Common Expenses.
Section 4. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In
addition to the Assessments for Common Expenses authorized by Section 3 hereof, the
Board may levy in any assessment year a Special Assessment for Capital Improvements,
applicable to that year only, for the purpose of defraying, in whole or in part, the cost. of
any construction or reconstruction, unexpected repair or replacement of a described
capital improvement upon the Common Property, including the necessary fixtures and
personal property related thereto, provided that any such Assessment shall have the assent
of two-thirds (2/3) of the votes of the Members, other than the Developer, and the votes
attributable to the Developer, who are voting in person or by proxy at a meeting duly
called for this purpose, written notice of which shall be sent to all Members at least thirty
(30) days in advance and shall set forth the purpose of the meeting. The Special
Assessment for Capital Improvements shall be levied against all Lots owned by Owners
who are not Members.
Notwithstanding the above required approval by two-thirds (2/3) of the votes of the
Members, if the unexpected repair or replacement of a described Capital Improvement
within Common Property is necessary, in the reasonable judgment of the Board, to
protect the health, safety or welfare of the Owners or is required by any governmental
authority having jurisdiction over the Property, the Board can levy the Special
Assessment of Capital Improvements without approval of the Members.
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Section 5. CERTIFICATION OF PAYMENT. The Association shall UP<)ll.
demand at any time, furnish to any Owner liable for any Assessment a certificate in
writing signed by an officer of the Association, setting forth whether the Assessment has
been paid. Such certificate shall be conclusive evidence of payment of any Assessment
therein stated to have been paid.
Section 6. PA YMENT OF ASSESSMENT FOR COMMON EXPENSES. Each
Member shall be required to pay to the Association an amount equal to the Assessment or
installment for each Lot within the Property then owned by and/or under the jurisdiction
of such Owner on or before the date each Assessment or installment is due. In the event
any Assessments are made payable in equal periodic payments as provided in the notice
from the Association, such periodic payments shall automatically continue to be due and
payable in the same amount and frequency as indicated in the notice, unless and/or until:
(i) the notice specifically provides that the periodic payment will terminate upon the
occurrence of a specified event or the payment of a specified amount; or (ii) the
Association notifies the Owner in writing of a change in amount and/or frequency of the
periodic payments. Notwithstanding the foregoing, in no event shall any Assessment
payable by any Owner be due less than ten (10) days from the date of the notification of
such Assessment.
(a) Community Swimming Pool. A special membership fee for
Members who use the Community Swimming Pool may be assessed for upkeep and
maintenance of the Pool.
Section 7. ASSESSMENTS FOR COMMON EXPENSES FOR LOTS OWNED
BY THE DEVELOPER. Notwithstanding anything contained in this Article V to the
contrary, the Developer shall not pay Assessments for any Lots owned by the Developer.
Section 8. MONETARY DEFAULTS AND COLLECTION OF ASSESSMENTS.
(a) Interest. If any Owner is in default in the payment of any
Assessment for more than ten (10) days after same is due, or in the payment of any other
monies owed to the Association for a period of more than ten (10) days after written
demand by the Association, the Association may charge such Owner interest at the
highest rate permitted by the laws of the State of Florida, on the amount owed to the
Association. Such interest shall accrue from the due date of the Assessment or the
monies owed.
(b) Acceleration of Assessments. If any Owner is in default in the
payment of any Assessment or any other monies owed to the Association for more than
ten (10) days after written demand by the Association, the Association shall have the
right to accelerate and require such defaulting Owner to pay to the Association the
Assessment for Common Expenses for the next twelve (12) month period, based upon the
then existing amount and frequency of Assessments for Common Expenses. In the event
of such acceleration, the defaulting Owner shall continue to be liable for any increases in
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the regular Assessments for Common Expenses, for aIi Special Assessments, and/or Cill.
other Assessments and monies payable to the Association.
(c) Collection. In the event any Owner fails to pay any Assessment,
Special Assessment or other monies due to the Association within ten (10) days after
written demand, the Association may take any action deemed necessary in order to collect
such Assessments, Special Assessments or monies, including but not limited to retaining
the services of a collection agency or attorney to collect such Assessments, Special
Assessments or monies, initiating legal proceedings for the collection of such
Assessments, Special Assessments or monies, recording a claim of lien as hereinafter
provided, and foreclosing same in the same fashion as mortgage liens are foreclosed, or
any other appropriate action. The Owner shall be liable to the Association for all costs
and expenses incurred by the Association incident to the collection of any Assessment,
Special Assessment, or other monies owed to it, and the enforcement and/or foreclosure
of any lien for same, including but not limited to reasonable attorneys' fees, and
attorneys' fees and costs incurred on the appeal of any lower court decision, reasonable
administrative fees of the Developer and/or the Association, and all sums paid by the
Association for taxes and on account of any mortgage lien and encumbrance in order to
preserve and protect the Association's lien. The Association shall have the right to bid in
the foreclosure sale of any lien foreclosed by it for payment of any Assessment, Special
Assessments or monies owed to it; and if the Association becomes the Owner of any Lot
by reason of such foreclosure, it shall offer such Lot for sale within a reasonable time and
shall deduct from the proceeds of such sale all Assessments, Special Assessments or
monies due it. All payments received by the Association on account of any Assessments,
Special Assessments or monies owed it by any Owner shall be first applied to payments
and expenses incurred by the Association, then to interest, then to unpaid Assessments,
Special Assessments or monies owed to the Association in the inverse order that the same
were due.
(d) Lien for Assessment, Special Assessment and Monies Owed to
Association. The Association shall have a lien on all property owned by an Owner for
any unpaid Assessments (including any Assessments which are accelerated pursuant to
this Declaration), Special Assessments or other monies owed to the Association by such
Owner, and for interest, reasonable attorneys' fees incurred by the Association incident to
the collection of the Assessments, Special Assessments, and other monies, or
enforcement of the lien, for reasonable administrative fees incurred by the Developer
and/or Association, and for all sums advanced and paid by the Association for taxes, and
on account of superior mortgage, liens or encumbrances in order to protect and preserve
the Association's lien. To give public notice of the unpaid Assessment, Special
Assessment or other monies owed, the Association may record a claim of lien in the
Public Records of Seminole County, Florida, stating the description of the Lot(s), and
name of the Owner, the amount then due, and the due dates. The Lien is in effect until all
sums secured by it (including sums which became due after the recording of the claim of
lien) have been fully paid. The claim of lien must be signed and acknowledged by an
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officer or agent of the Association, Upon payment in full of all sums secured by the liel1, .
the person making the payment is entitled to a satisfaction of the lien.
(e) Transfer of a Lot after Assessment. The Association's lien shall
not be affected by the sale or transfer of any Lot. In the event of any such sale or transfer,
both the new Owner and the prior Owner shall be jointly and severally liable for all
Assessments, Special Assessments, interest, and other costs and expenses owed to the
Association which are attributable to any Lot purchased by or transferred to such new
Owner.
,," .
(f) Subordination of the Lien to Mortgages. The lien of the
Association for Assessments or other monies provided for herein, and all costs, expenses
and attorneys fees secured by said lien, shall be subordinate and inferior to the lien of any
first mortgage in favor of an Institutional Lender recorded prior to the recording of the
Claim of Lien by the Association. For purposes of this Declaration, "Institutional
Lender" shall mean and refer to the Developer, a bank, savings bank, savings and loan
association, insurance company, real estate investment trust, or any other recognized
lending institution. Sale or transfer of any Lot shall not affect the a;;sessment lien;
however, the sale or transfer of any Lot pursuant to foreclosure of such first mortgage, or
any preceding in lieu thereof, shall extinguish the lien of such assessment as to payments
which became due prior to such sale or transfer. The extinguishing of the lien shall not
affect the personal liability of the Owner at the time such assessment came due for
payment of same. No sale or transfer shall relieve such Lot from liability for any
assessment coming due after such sale or transfer or from a lien therefore. Nothing
contained herein shall obligate the holder of any first mortgage to collect any assessments
provided for herein, nor shall anything contained herein be deemed make failure to pay
any assessments provided for herein a default under any insured mortgage. If the
Association's lien or its rights to any lien for any such Assessments, Spec,ial
Assessments, interest expenses or other monies owed to the Association by any Owner is
extinguished by foreclosure of a mortgage held by an Institutional Lender, such sums
shall thereafter be Common Expenses, collectible from all Owners including such
acquirer, andits successors and assigns.
Section 9. CERTIFIED AS TO UNPAID ASSESSMENTS OR DEFAULT.
Upon.request by any Owner, or an Institutional Lender holding a mortgage encumbering
any Lot, the Association shall execute and deliver a written certificate as to whether or
not such Owner is in default with respect to the payment of any Assessments, Special
Assessments or any monies owed in accordance with the terms of this Declaration.
Section 10. EXEMPT PROPERTY. The following property subject to this
Declaration shall be exempt from the Assessments, charges and liens created herein: (a)
all properties to the extent of any easement or other interest therein dedicated and
accepted by the local public authorities and devoted to public use; (b) all Common
Property; and (c) all properties exempt from taxation by the laws of the State of Florida,
upon the terms and to the extent of such legal exemption.
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Notwithstanding any provISIOns herein, no land or improvements devoted to
dwelling use shall be exempt from Assessments, charges or liens.
ARTICLE VI
ARCHITECTURAL REVIEW BOARD
No building, fence, wall or other structure shall be commenced, erected or
maintained upon the Property, nor shall any exterior addition to or change or alteration
therein be made 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 Board as hereinafter defined.
Section 1. COMPOSITION. The Developer, upon the recording of this
Declaration, shall form a committee known as the "Architectural Review Board,"
hereinafter referred to as the "ARB," which shall initially consist of three (3) persons.
The ARB shall maintain this composition until the first meeting of the Members of the
Association after the Developer is no longer able to appoint all Members of the Board.
At such meeting, the ARB shall be appointed by the Board and shall serve at the pleasure
of the Board, provided, however, that in its selection, the Board shall be obligated to
appoint the Developer or his designated representative to the ARB for so long as the
Developer owns any Lots in the Property. Neither the Association, the Board, nor the
Members of the Association, shall have the authority to amend or alter the number of
Members of the ARB, which is irrevocably herein set forth as three (3). No decision of
the ARB shall be binding without at least a 2/3 affirmative approval by the Members.
Section 2. PLANNING CRITERIA. The Developer, in order to give guidelip.es
to the Owners concerning construction and maintenance of Lots and Improvements,
hereby promulgates the Architectural Review Board Planning Criteria ("Planning
Criteria") for the Property, set forth in Section 9 of this Article VI. The Developer
declares thatthe Property, and additions thereto, shall be held, transferred, sold, conveyed
and occupied subject to the Planning Criteria, as amended from time to time by the ARB.
-Section 3. DUTIES. The ARB shall have the following duties and powers:
(a) to amend from time to time the Planning Criteria. Any
amendments shall be set forth in writing, shall be made known to all members and shall
be recorded in the Public Records of Seminole County, Florida. Any amendment shall
include any and all matters considered appropriate by the ARB not inconsistent with the
provisions of this Declaration;
(b) to approve all buildings, fences, walls or other structures, which
shall be commenced, erected or maintained upon the Property, and to approve any
exterior additions to or changes or alterations therein. For any of the above, the ARB
16
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shall be furnished plans and specifications showing the nature, type, shape, heigh,t"
materials, and location of the same and shall approve in writing as to the harmony of the
external design and location in relation to surrounding structures and topography;
(c) to approve any such building plans and specifications and lot
grading and landscaping plans. The conclusion and opinion of the ARB shall be binding
if, in its opinion, for any reason, including purely aesthetic reasons, the ARB should
determine that said improvement, alteration, etc. is not consistent with the planned
development of the Property;
(d) 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;
(e) to require each builder to submit two (2) sets of plans and
specifications to the ARB prior to obtaining a building permit, which said plans and
specifications shall become the property of the ARB. The work contemplated must be
performed substantially in accordance with the plans and specifications as approved. All
approvals of plans or specifications must be evidenced by the signatures of at least two
(2) members of the ARB on the plans or specifications furnished. The existence of the
signature of at least two (2) members of the ARB on any plans or specifications shall be
conclusive proof of the approval by the ARB of such plans and/or specifications. Builder
may submit plans for several different house plans for pre-approval.
Section 4. INITIAL CONSTRUCTION OF AN IMPROVEMENT. The Owner
who initially constructs the Improvement must complete such construction in a timely
manner and substantially in accordance with all plans and specifications approved by the
ARB, including plans for Lot grading, building plans and specifications, landscap~ng
plans, pool plans and any other plans for construction of any Improvement on the Lot (the
, "Construction").
Section 5. INTENTIONALL Y LEFT BLANK
Section 6. AL TERA TION OF EXISTING IMPROVEMENT. The Owner who
makes exterior additions to, or changes or alterations to any Improvement, or constructs
any new Improvements on the Lot, must complete all such work (the "Alterations") in a
timely manner and substantially in accordance with all plans and specifications approved
by the ARB. The Owner shall notify the ARB in writing when the Alterations have been
completed and the ARB shall, within ten (10) days of receiving such notice, make
inspections to verify completion in accordance with the approved plans.
Should the ARB or the Developer determine that the Alterations have not been
completed in accordance with the approved plans and specifications, either the ARB or
the Developer shall notify the Owner in writing citing deficiencies, and the Owner shall,
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within fifteen (15) days after receipt of notice, commence correction of the deficienci,es
and continue in an expeditious manner until all deficiencies have been corrected.
If correction of the deficiencies is not commenced within fifteen (15) days, or if
such correction is not continued thereafter in an expeditious manner, the ARB or the
Developer shall be entitled to record in the Public Records of Seminole County, Florida a
"Notice of Noncompliance" setting forth that the Owner has not completed the
Alterations in accordance with approved plans and specifications and that the ARB or
Developer has the right to seek legal action to force the Owner, or any grantee of the
Owner, to complete the Alterations in accordance with the plans and specifications. Said
"Noncompliance" shall contain the legal description of the Lot. Once recorded, the
"Notice of Noncompliance" shall constitute a notice to all potential purchasers from the
Owner that the ARB or the Developer shall have the right to enforce completion of the
Alterations against the Owner, or any grantee of the Owner.
Should the Alterations not be completed in a timely manner as determined by the
ARB or the Developer, or should the correction of the deficiencies not be commenced
within fifteen (15) days after notice and continued thereafter in a expeditious manner
until completion, or should the Alterations not be completed in accordance with the plans
and specifications approved by the ARB, the ARB or the Developer shall have the right
to seek specific performance of the Owner's obligation to complete the Alterations as
approved by the ARB; or, in the alternative, to enter upon the Lot, make such corrections
or modifications as ar:e necessary to cause the Alterations to be completed in accordance
with the approved plans and specifications, subject, however, to the following provisions:
Prior to commencement of any work on a Lot, the ARB or the Developer must furnish
written notice to the Owner at the last address listed in the records of the Association for
the Owner, notifying the Owner that unless the specified deficiencies are corrected within
fifteen (15) days, the ARB or the Developer shall correct the deficiencies and charge, all
cost thereof to the Owner. Upon the failure of the Owner to act within said period of
time, the ARB or the Developer shall have the right to enter in or upon the Lot or to hire
personnel to do so to complete the Alterations as approved by the ARB. The cost of the
work, including labor and materials, shall be assessed against the Lot upon which the
work is performed. The Association or the Developer shall record a Claim of Lien (upon
commencement of the work required or anytime thereafter) against the Lot for work
performed (or to be performed), and it shall be a lien and obligation of the Owner and
shall become due and payable upon the recording of the Claim of Lien and shall be
enforced and collected as provided in Article V hereof.
Once the ARB and the Developer determine that the Alterations have been
completed in accordance with the approved plans and specifications, the ARB or the
Developer shall issue to the Owner a Certificate of Approval in recordable form which
shall make reference to the recorded "Notice of Noncompliance'" and be executed by a
majority of the members of the ARB with the corporate seal of the Association affixed or
by the Developer. The recording of the Certificate of Approval in this instance shall be
conclusive evidence that the Alterations as approved by the ARB have been completed,
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but shall not excuse the Owner from the requirements that the plans and specifications for.
subsequent changes, modifications or alterations to the Improvements be submitted to
and approved by the ARB prior to commencement of any work.
Section 7. SUBORDINATION OF OBLIGATION AND LIEN TO
MORTGAGE. The obligations of the Owner set forth in Section 4 hereof and any
''Notice of Noncompliance" recorded by the ARB as set forth in Section 6 hereof shall be
absolutely subordinate, junior and inferior to the lien of any first mortgage held by an
Institutional Lender, either at the time of commencement of the Construction or
Alterations, or thereafter. This subordination shall not relieve the Owner or any futUre
Owners from the provisions of Sections 4 and 6.
Section 8. SUBSEQUENT "CERTIFICATE OF APPROVAL" NOT
NECESSARY UNLESS "NOTICE OF NONCOMPLIANCE" RECORDED.
Notwithstanding anything herein to the contrary, the provisions of Section 4 and 6 shall
be applicable to initial construction of an Improvement on the Lot. After the initial
construction and the recording of a "Certificate of Approval," it will not be necessary for
an Owner to obtain and record a "Certificate of Approval" for any Alterations unless a
"Notice of Noncompliance" is recorded in the Public Records of Seminole County,
Florida in accordance with Section 6. Subsequent purchasers of an Improvement must
only determine that one (1) "Certificate of Approval" has been recorded unless a "Notice
of Noncompliance" is also recorded.
Section 9. ARCHITECTURAL REVIEW BOARD PLANNING CRITERIA.
(a) Building Type. No building shall be erected, altered, placed, or
pennitted to remain on any Lot other than one detached single family residence of not
less than 1,800 square feet of heatable living area, not to exceed 35 feet in height~ a
private and closed garage for not less than two nor more than four cars.
(b) Layout. No foundation for an Improvement can be poured until
the layout for the Improvement is approved by a member of the ARB. It is the purpose of
this approval to assure that no trees are disturbed and that the Improvement is placed on
the Lot in its most advantageous position.
(c) Exterior Color/Material Plan. The ARB shall have final approval
of all exterior color plan, and each builder must submit to the ARB a color plan showing
the color of the roof, exterior walls, shutters, trim, etc.
(d) . Roofs. All roofs shall have a pitch of at least 6/12, except two
. (2) story shall be 5/12. Flat roofs shall not be permitted unless approved by the ARB.
Such areas where flat roofs may be permitted are Florida rooms, porches and patios.
There shall be no flat roofs on the entire main body of an Improvement. The ARB shall
have discretion to approve such roofs on part of the main body of an Improvement,
particularly if modem or contemporary in design. No built up roofs shall be permitted,
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except on approved flat surfaces. The composition of all pitched roofs shall be 20 year,
dimensional composition or other material approved by the ARB.
(e) Garages. All garages must have either a single overhead door
with a minimum door width of sixteen (16) feet for a two car garage, or two (2) overhead
doors each a minimum of eight (8) feet in width. Three car garages may have any
combination of the above. No carports will be permitted.
(f) Driveway Construction. All dwellings shall have a paved
driveway of stable and permanent construction of at least sixteen (16) feet in width at the
entrance to the garage. Unless prior approval is obtained from the ARB, all driveways
must be constructed of concrete or concrete pavers. When curbs are required to be
broken for driveway entrances, the curb shall be repaired in a neat and orderly fashion
and in such a way as to be acceptable to the ARB.
(g) Dwelling Quality. The ARB shall have final approval of all
exterior building materials. The ARB shall discourage the use of imitation brick and
encourage the use of materials such as brick, stone, wood and stucco, or a combination of
the foregoing.
(h) Walls, Fences, Shelters. No wall or fence shall be constructed
with a height of more than six (6) feet above the ground level of an adjoining Lot, and no
hedge or shrubbery abutting the Lot boundary line shall be permitted with a height of
more than six (6) feet without the prior approval of the ARB. No wall or fence shall be
constructed on any Lot until its height, location, design, type, composition and material
shall have first been approved in writing by the ARB. The height of any wall or fence
shall be measured from all existing property elevations. Chain link fences will not be
pennitted. Any dispute as to height, length, type, design, composition or material sl}all
be resolved by the Board, whose decision shall be final. Hurricane or storm shutters may
be used on a temporary basis, but shall not be stored on the exterior of any Improvement
unless approved by the ARB.
(i) Lighting. All exterior lighting of a Lot shall be accomplished in
accordance with a lighting plan in writing by the ARB.
G) Swimming Pools and Tennis Courts. Any swimming pool or
tennis court to be constructed on any Lot shall be subject to requirements of the ARB,
which include, but are not limited to, the following:
. (1) Composition of the tennis court to be of material
thorougWy tested and accepted by the industry for such construction.
(2) There shall be no lights on a tennis court(s) of the type that
would normally be used for tennis play after dark. All other lighting around a tennis
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court(s) shall be placed and directed so that it does not unreasonably interfere with aI}y.
neighbors' quiet enjoyment of their Lot.
(3) No screening of pool area may stand beyond a line
extended and aligned with the sidewalls of the Improvement unless approved by the
ARB.
(4) Location and construction materials of tennis court( s) to be
approved by the ARB.
(k) Temporary Structures. No structure of a temporary character,
trailer, basement, tent, shack, garage, barn, or other out building shall be used on any Lot
at any time as a residence, either temporarily or permanently.
(1) Removal of Trees. In reviewing the building plans, the ARB
shall take into account the natural landscaping such as trees, shrubs, palmettos, and
encourage the builder to incorporate them in his landscaping plan. No trees of six inches
in diameter at one foot above natural grade can be cut or removed without approval of a
member of the ARB, which approval may be given when such removal is necessary for
the construction of an Improvement.
(m) Landscaping and Street Trees. A landscaping plan for each Lot
must be submitted to and approved by the ARB prior to the commencement of
construction of any Improvement on that Lot. Each Lot shall have at least one (1) street
tree and two (2) landscape trees as approved by the ARB. The ARB shall encourage the
use of native plants in the landscape. The landscape installation must be completed prior
to occupancy of the Improvement. After occupancy of the Improvement, any material
modification of the landscaping plan must be approved by the ARB. After occupan~y,
the landscaping on each Lot must be maintained to the standard at the time of installation.
All lawns must be mowed to the general level of other lawns in AVERY PARK.
Sodding must be approved St. Augustine grass (unless specifications changed in writing
by the ARB) ,and will be required on all yards. The entire yard (front, side and rear) must
be sodded. Each Improvement must have shrubs on front yard. No garden for the
growing of food products, such as but not limited to, com, tomatoes, strawberries, etc.,
will be allowed.
(n) Irrigation. The entire yard (front, side and rear) must be irrigated
by a sprinkler system approved by the ARB. Irrigation must be provided to the edge of
the pavement located within the public right of way. No irrigation system may use a well
for water unless a filter is attached to the well pump. Any staining or discoloration that
occurs must be removed or painted over immediately.
(0) Air Conditioning and Heating Equipment. All air conditioning
and heating units shall be shielded and hidden so that they shall not be readily visible
from any adjacent Street or Lot. Wall air conditioning units may be permitted only upon
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the prior written approval of the ARB. No window air conditioning units shall .be,
permitted. Landscaping shall be an approved shield.
(P) Mailboxes. No mailbox or paperbox or other receptacle of any
kind for use in the delivery of mail or newspapers or magazines or similar material shall
be erected on any Lot unless and until the size, location, design and type of material for
said boxes or receptacles shall have been approved by the ARB. If and when the United
States Postal Service or the newspaper or newspapers involved shall indicate a
willingness to make delivery to wall receptacles attached to the Improvement, each
Owner, on the request of the ARB, shall replace the boxes or receptacles previously
employed for such purpose with wall receptacles attached to the Improvement.
(q) Windows. No casement windows shall be permitted.
(r) Utility Connections. All connections for all utilities including,
but not limited to, water, sewer, electricity, gas, telephone and television shall be run
underground from the proper connecting points to the Improvement in such manner to be
acceptable to the governing utility authority.
ARTICLE VII
ENFORCEMENT OF NON-MONETARY DEFAULTS
Section 1. NON-MONETARY DEFAULTS. In the event of a violation by any
Member or Owner (other than the non-payment of any Assessment, Special Assessment
or other monies) of any of the provisions of this Declaration (including the Planning
Criteria), or the Governing Documents, the Association shall notify the Member or
Owner of the violation, by written notice. If such violation is not cured as soon as
practicable, and in any event within seven (7) days after the receipt of such written notice;
or, if the violation is not capable of being cured within such seven (7) day period, if the
Member or Owner fails to commence and diligently proceed to completely cure as soon
as practical, the Association may, at its option:
(a) Specific Performance. Commence an action to enforce the
performance on the part of the Member or Owner, or for such equitable relief as may be
necessary under the circumstances, including injunctive relief; and/or
(b) Damages. Commence an action to recover damages; and/or
(c) Corrective Action. Take any and all action reasonably necessary
to correct such violation, which action may include, but is not limited to, removing any
building or Improvement for which architectural approval has not been obtained, or
performing any maintenance required to be performed by this Declaration, including the
right to enter upon the Lot to make such corrections or modifications as are necessary, or
remove anything in violation of the provisions of this Declaration of the Planning
Criteria; and lor
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(d) Expenses. All expenses incurred by the Association ,in
connection with the correction of any violation, or the commencement of any action
against any Owner, including administrative fees and costs and reasonable attorneys' fees
and costs, and attorneys' fees and costs incurred on the appeal of any lower court
decision, shall be a Special Assessment assessed against the applicable Owner, and shall
be due upon written demand by the Association and collectible as any other Special
Assessment under this Article or Article IV.
Section 2. NO WAIVER. The failure of the Association to enforce any right,
provision, covenant or condition which may be granted by this Declaration or the
Governing Documents shall not constitute a waiver of the right of the Association to
enforce such right, provision, covenant or condition in the future.
Section 3. RIGHTS CUMULATIVE. All rights, remedies and privileges granted
to the Association pursuant to any terms, provisions, covenants or conditions of this
Declaration or the Governing Documents shall be deemed to be cumulative, and the
exercise of anyone or more shall neither be deemed to constitute an election of remedies,
nor shall it preclude the Association thus exercising the same from executing such
additional remedies, rights or privileges as may be granted or as it might have by law.
Section 4. ENFORCEMENT BY OR AGAINST OTHER PERSONS. In
addition to the foregoing, this Declaration may be enforced by the Developer or the
Association by any procedure at law or in equity against any Person(s) violating or
attempting to violate any provision herein, to restrain such violation, to require
compliance with the provisions contained herein, to recover damages, or to enforce any
lien created herein. The expense of any litigation to enforce this Declaration shall be
borne by the Person(s) against whom enforcement is sought, provided such proceeding
results in a finding that such Person(s) violated this Declaration. In addition to the
foregoing, any Owner shall have the right to bring an action to enforce this Declaration
against any Person(s) violating or attempting to violate any provision herein, to restrain
such violation or to require compliance with the provisions contained herein. However,
no Owner shall be entitled to recover damages or to enforce any lien created herein as a
result of a violation or failure to comply with the provisions contained herein by any
Person(s). The prevailing party in any such action shall be entitled to recover its
reasonable attorneys' fees and costs, including reasonable 'attorneys' fees and costs
incurred on the appeal of any lower court decision. The St. Johns River Water
Management District shall have the right to enforce, by a proceeding at law or in equity,
the provisions contained in this Declaration that relate to the maintenance, operation and
repair of the Surface Water or Stormwater Management System.
Section 5. CERTIFICA TION AS TO DEF AUL T. Upon request by any Member,
Owner, or Institution Lender holding a mortgage encumbering any Lot, the Association
shall execute and deliver a written certificate as to whether or not such Member or Owner
is in default with respect to compliance with the terms and provisions of this Declaration.
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ARTICLE VIII
INDEMNIFICATION
Section 1. INDEMNIFICATION OF OFFICERS, MEMBERS OF THE BOARD
OR AGENTS. The Association shall indemnify any Person who was or is a party or is
threatened to be made a party, to any threatened, pending or contemplated action, suit or
proceeding, whether civil, criminal, administrative or investigative, by reason of the fact
that such Person is or was a member of the Board, Employee, Officer or Agent of the
Association, against expenses (including attorneys' fees and appellate attorneys' fees),
judgments, fines and amounts paid in settlement actually and reasonably incurred by such
Person in connection with such action, suit or proceeding if such Person acted in good
faith and in a manner reasonably believed to be in, or not opposed to, the best interest of
the Association; and, with respect to any criminal action or proceeding, if such Person
had no reasonable cause to believe his/her conduct was unlawful; or matter as to which
such Person shall have been adjudged to be liable for gross negligence or willful
misfeasance or malfeasance in the performance of such Person's duties to the Association
unless and only to the extent that the court in which such action or suit was brought shall
detennine, upon application, that despite the adjudication of liability, but in view of all
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 proceeding by judgment, order, settlement conviction, or upon a plea of nolo
contendere or its equivalent, shall not, in and of itself, create a presumption that the
Person did not act in good faith and in a manner reasonably believed to be in, or not
opposed to, the best interest of the Association; and with respect to any criminal action or
proceeding, that such Person had no reasonable cause to believe that his/her conduct was
unlawful.
(a) To the extent that a member of the Board, Officer, Employee or
Agent of the Association is entitled to indemnification by the Association in accordance
with this Article VIII, such Person shall be indemnified against expenses (including
attorneys' fees and appellate attorneys' fees) actually and reasonably incurred by,himlher
in connection therewith.
(b) Expenses incurred in defending a Person in a civil or criminal
action, suit or proceeding shall be paid by the Association in advance of the final
disposition of such action, suit or preceding upon receipt of an undertaking by or on
behalf of the member of the Board, Officer, Employee or Agent of the Association to
repay such amount unless it shall ultimately be determined that such Person is entitled to
be indemnified by the Association as authorized in this Article.
(c) The indemnification provided by this Article shall not be deemed
exClusive of any other rights to which those seeking indemnification may be entitled
under the laws of the State of Florida, any Bylaw, agreement, vote of Members otherwise.
As to action taken in an official capacity while holding office, the indemnification
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provided by this Article shall continue as to a Person who ceased to be a member of t~e,
Board, Officer, Employee or Agent of the Association shall inure to the benefit of the
heirs, executors and administrators of such a Person.
(d) The Association shall have the power to purchase and maintain
insurance on behalf of any Person who is or was a member of the Board, Officer,
Employee or Agent of the Association, or is or was serving at the request of the
Association as a member of the Board, Officer, Employee or Agent of another
corporation, partnership, joint venture, trust or other enterprise, against any liability
asserted against such Person and incurred by himlher in any such capacity, as arising out
of the Person's status as such, whether or not the Association would have the power to
indemnify such Person against such liability under the provisions of this Article.
ARTICLE IX
RESTRICTIVE COVENANTS
The Property shall be subject to the following Restrictions, Reservations and
Conditions, which shall be binding upon the Developer and upon each and every Owner
who shall acquire hereafter a Lot or any portion of the Property, and shall be binding
upon their respective heirs, personal representatives, successors and assigns.
Section 1. MINING OR DRILLING. There shall be no mining quarry or drilling
for minerals, oil, gas or otherwise undertaking within any portion of the Property. Except
from the foregoing shall be activities of the Developer or the Association, or any assignee
of the Developer or the Association, in dredging the water areas, creating land areas from
water areas or creating, excavating or maintaining drainage or other facilities or
easements, the installation of wells or pumps in compliance with applicable govemmel).tal
requirements, or for sprinkler systems for any portion of the Property.
Section 2. CLOTHES DRYING AREA. No portion of the Property shall be used
as a drying or hanging area for laundry of any kind unless approved in writing by the
Developer or the Association.
,Section 3. ANTENNAS, AERIALS, DISCS, FLAGPOLES. No outside
antennas, antenna poles, antenna masts, satellite television reception devices, electronic
devices, antenna towers or citizen band (CB) or amateur band (ham) antennas shall be
permitted except as approved in writing by the Association. A flagpole for display of the
American flag or any other flag shall be permitted only if first approved in writing by the
Association as to its design, height, location and type of flag. No flagpole shall be used
as an antenna.
Section 4. ST A ruES, WINDMILLS, FOUNTAINS. No statues, windmills,
fountains, or similar items will be allowed which are visible from any Street or
neighboring Improvement.
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Section 5. GAMES AND PLAY STRUCTURES: All basketball backboards and
any other fixed games and play structures shall be located at the side or rear of the
Improvement, or on the inside portion of the comer Lots within the set back lines. Tree
house or platforms of a like kind or nature shall not be constructed on any part of the Lot
located in front of the rear lines of the Improvement constructed thereon or within any
setback line.
Section 6. LITTER. In order to preserve the beauty of the Property, no garbage,
trash, refuse of rubbish shall be deposited, dumped or kept upon any part of the Property
except in closed containers, dumpsters or other garbage collection facilities deemed
suitable by the Association. All containers, dumpsters and other garbage collection
facilities shall be screened, to the extent reasonable under the circumstances, from view
from outside the Lot upon which same are located, and shall be kept in a clean condition
with no noxious or offensive odors emanating there from.
Section 7. SUBDIVISION OR PARTITION. No portion of the Property shall be
subdivided except with the Developer's prior written consent. After the Developer no
longer owns any portion of the Property, written consent must be obtained from the
Association.
Section 8. CASUAL TY DESTRUCTION TO IMPROVEMENTS. In the event
an Improvement is damaged or destroyed by casualty, hazard or other loss, then, within a
reasonable period of time after such incident, the Owner thereof shall either commence to
rebuild or repair the damaged Improvement and diligently continue such rebuilding or
repair activities to completion or, upon a determination by the Owner that the
Improvement will no~ be repaired or replaced promptly, shall clear the damaged
Improvement and grass-over the landscape on such Lot in a manner consistent with the
Developer's plan for beautification of the Property. A destroyed Improvement shall o\}ly
be replaced with an Improvement of an identical size, type and elevation as that destroyed
unless the prior written consent of the ARB is obtained.
Section 9. COMMON PROPERTY. Nothing shall be stored, constructed within
or removed from the Common Property other than by the Developer, except with prior
written approval of the Board.
Section 10. INSURANCE RATES. Nothing shall be done or kept on the Common
Property that shall increase the insurance rates of the Association without prior written
consent of the Board.
Section 11. PETS, LIVESTOCK, POULTRY. No animals, livestock or poultry of
any kind shall ,be raised, bred or kept within the Property, other than household pets
provided they are not kept, bred or maintained for any commercial purpose, and provided
that they do not become a nuisance or annoyance to any other Owner. No pet shall be
allowed outside a Lot except on a leash. No pets shall be permitted to place or have
excretions on any portion of the Property other than the Lot of the owner of the pet unless
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the owner of the pet physically removes any such excretions from that portion of tl)e.
Property. For purposes hereof, "household pets" shall mean dogs, cats, domestic birds
and fish. Pets shall also be subject to applicable Rules and Regulations of the
Association, and their owners shall be held accountable for their actions.
Commercial activities involving pets shall not be allowed. The Association and the
Developer may establish limits on the number and kind of pets that may be kept or
pennitted to be kept on any Lot.
Section 12. SIGNS. No signs, including "For Sale" or "For Rent," free-standing
or otherwise installed, shall be erected or displayed to the public view on any Lot.
Notwithstanding the foregoing, the Developer specifically reserves the right for itself, its
successors, nominees and assigns and the Association to place and maintain signs in
connection with construction, marketing, sales and rental of Lots and identifying or
informational signs anywhere on the Property. After the sale of the Improvement by the
builder who constructed it, no "For Sale" or "For Rent" signs of any kind shall be
displayed to the public view on any Lot for whatever purpose, including the resale of the
Lot by the then Owner.
Section 13. GARBAGE CONTAINERS, OIL AND GAS TANKS, POOL
EQUIPMENT, OUTDOOR EQUIPMENT. All garbage and trash containers, oil tanks,
bottled gas tanks, and swimming pool equipment and housing must be underground or
placed in a fenced-in or walled-in area, or landscaped area, so that they are not visible
from any adjoining Lot or any Street. Adequate landscaping shall be installed and
maintained by the Owner. No Lot shall be used or maintained as dumping grounds for
rubbish, trash or other waste. There shall be no burning of trash or any other waste
materials, except within the confmes of an incinerator, the design and location of which
shall be approved by the ARB.
Section 14. SOLAR COLLECTORS. Solar collectors shall not be permitted
without the prior written consent of the ARB. Any approval of the ARB shall require that
the solar collectors be so located on the Lot that they are not visible from any Street and
that their visibility from surrounding Lots is restricted.
.section 15. MAINTENANCE OF THE PROPERTY. In order to maintain the
standards of A VERY PARK, no weeds, underbrush or other unsightly growth shall be
permitted to grow or remain upon any portion of the Property, and no refuse or unsightly
objects shall be allowed to be placed or permitted to remain anywhere thereon. All
Improvements shall be maintained in their original condition as approved by the ARB.
All lawns, landscaping and sprinkler systems shall be kept in good, clean, neat and
attractive condition. If an Owner has failed to maintain a Lot as aforesaid to the
satisfaction of the Developer, the Association, and/or the ARB, the Developer and/or
Association shall give such Owner written notice of the defects. Said written notice does
not have to be given in the case of an emergency, in which event the Developer and/or the
Association may, without any prior notice, directly remedy the problem. Upon the
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Owner's failure to make such improvements or corrections as may be necessary witi).in
fifteen (15) days of mailing of written notice, the Developer and/or the Association may
enter upon such property and make such Improvements or corrections as may be
necessary, the cost of which may be paid initially by the Association. If the Owner fails
to reimburse the Association for any payment advanced, plus administrative and legal
costs and fees, plus interest on all such amounts at the highest interest rate allowed by the
laws of the State of Florida, within fifteen (15) days after requested to do so by the
Association, the Association shall levy a Special Assessment against the Lot as provided
in Article V. Such entry by the Developer and/or the Association or its Agents shall not
be deemed a trespass.
Section 16. VEHICLES AND' RECREATIONAL EQUIPMENT. No truck,
commercial vehicle, mobile home, motor home, house trailer, camper, boat, boat trailer or
other recreational vehicle or equipment, horse trailer or vans, or the like, including
disabled vehicles, shall be permitted to be parked or to be stored at any place on any
portion of the Property unless they are parked within a garage, or unless the Developer
has specifically designated certain spaces for some or all of the above. This prohibition
on parking shall not apply to temporary parking of trucks and commercial vehicles used
for pick-up, delivery, repair and maintenance of a Lot, or to any vehicles of the
Developer. No on-street parking shall be permitted unless for special events approved in
writing by the Developer or the Association. This prohibition on parking does not apply
to the occasional short-term parking of guests' vehicles. All Residents' vehicles shall be
parked in the rear at the garage.
Any such vehicle or recreational equipment parked in violation of these or other
regulations adopted by the Association may be towed by the Association at the sole
expense of the owner of such vehicle or recreational equipment if (i) it remains in
violation for a period of twenty-four (24) consecutive hours or (ii) it remains in violation
for a period of forty-eight (48) nonconsecutive hours in seven (7) day period. The
Association shall not be liable to the owner of such vehicle or recreational equipment for
trespass, conversion or otherwise, nor guilty of any criminal act by reason of such towing,
and neither its removal or failure of the owner of such vehicle or recreational equipment
to receive any notice of said violation shall be grounds for relief of any kind.
'Section 17. REPAIRS. No maintenance or repairs shall be performed on any
vehicles upon any portion of the Property except in emergency situations.
Notwithstanding the forgoing, all repairs to disabled vehicles within the Property must be
completed within two (2) hours from its immobilization or the vehicle must be removed.
Section 18. PROHIBITED STRUCTURES. No structure of a temporary character
including, but not limited to, a trailer, tent, shack, shed, barn, tree house or out building
shall be parked or erected on the' Property at any time without the express written
permission of the ARB.
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Section 19. UNDERGROUND UTILITY LINES. All electric, telephone, gas aI:1d,
other utility lines must be installed underground.
Section 20. NUISANCES. No obnoxious, unpleasant, unsightly or offensive
activity shall be carried on, nor may anything be done which can be reasonably construed
to constitute a nuisance, public or private in nature. Any questions with regard to the
interpretation of this Section shall be decided by the Board, whose decision shall be final.
Section 21. COMPLIANCE WITH DOCUMENTS. Each Owner (including each
Resident) and his family members, guests, and' invitees; each lessee and their family
members, guests, and invitees; and each tenant, licensee, guest, invitee and sub-tenant
shall be bound to abide by this Declaration. The conduct of the foregoing parties shall be
considered to be the conduct of the Owner responsible for, or connected in any manner
with, such Person's presence within AVERY PARK. Such Owner shall be liable to the
Association for the cost of any maintenance, repair or replacement of any real or personal
property rendered necessary by such Person's act, neglect or carelessness, or by that of
any other of the foregoing parties (but only to the extent that such expense is not met by
the proceeds of insurance carried by the Association) which shall be paid for by the
Owner as a Special Assessment as provided in Article VI. Failure of an Owner to notify
any Person of the existence of the Covenants, Conditions, Restrictions, and Other
Provisions of this Declaration shall not in any way act to limit or divest the right to
enforcement of these provisions against the Owner or such Person.
Section 22. EXCULP A TION OF THE DEVELOPER, THE BOARD AND THE
ASSOCIA TION. The Developer, the Board and the Association may grant, withhold or
deny its permission or approval in any instance where its permission or approval is
permitted or required without liability of any nature to the Owner or any other Person for
any reason whatsoever, and any permission or approval granted shall be binding upon .all
Persons.
Section 23. OTHER RESTRICTIONS. The ARB shall have the authority as
herein above. expressed, from time to time to include within its promulgated Residential
Planning Criteria other restrictions as it shall deem appropriate. Said restrictions shall be
governed in accordance with the criteria herein above set forth for Residential Planning
Criteria promulgated by the ARB. However, once the ARB promulgates certain
restrictions, same shall become as binding and shall be given the same force and effect as
the restrictions set forth herein until the ARB modifies or changes restrictions set forth by
the ARB.
Section 24. NO' IMPLIED WAIVER. The failure of the Association or the
Developer to object to an Owner's or other party's failure to comply with these
Covenants or any other Governing Documents (including any Rules and Regulations
promulgated), shall in no event be deemed a waiver by the Developer or the Association,
or any other Person having an interest therein, of that' Owner's or other party's
requirements and obligations to abide by these Covenants.
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Section 25. IMPOSITION OF FINES FOR VIOLATIONS. It is acknowledg~d,
and agreed among all Owners that a violation of any of the provisions of this Article IX
by an Owner or Resident may impose irreparable harm to the other Owners or Residents.
All Owners agree that a fine not to exceed One Hundred and Noll 00 Dollars ($100.00)
per day may be imposed by the Developer or the Association for each day a violation
continues after notification by the Developer or the Association. All fines levied shall be
paid within fifteen (15) days after mailing of notice of the fine. If not paid within said
fifteen (15) days, the amount of such fine shall accrue interest at the highest interest rate
allowed by the laws of the State of Florida, and shall be treated as a Special Assessment
as provided in Article VI.
ARTICLE X
CONSERVATION EASEMENTS
Section 1. CONSERVATION EASEMENT AREAS. Pursuant to the provisions
of Section 704.06, Florida Statutes, Developer hereby voluntarily grants and conveys to
the St. Johns River Water Management District (the "District") a conservation easement
in perpetuity over the Conservation Easement Areas (the "Conservation Easement").
Developer fully warrants title to said Conservation Easement Areas, and will warrant and
defend the same against the lawful claims of all persons whomsoever. Developer grants
this Conservation Easement as a condition of permit number40-117 -22125-13 issued by
the District, solely to offset adverse impacts to natural resources, fish and wildlife, and
wetland functions.
1.1 Purpose. The purpose of the Conservation Easement is to assure
that the Conservation Easement Areas will be retained forever in their existing natural
condition, and to prevent any use of the Conservation Easement Areas that will impaiJ; or
interfere with the environmental value of these areas.
1.2 Prohibited Uses. Any activity in or use of the Conservation
Easement Areas inconsistent with the purpose of this Conservation Easement is
prohibited. Without limiting the generality of the foregoing, the following activities and
uses are expressly prohibited:
(a) Construction or placing buildings, roads, signs, billboards
or other advertising, utilities or other structures on or above the ground.
(b) Dumping or placing soil or other substance or material as
landfill, or dumping or placing of trash, waste or unsightly or offensive materials.
(c) Removing, destroying or trimming trees, shrubs, or other
vegetation.
(d) Excavating, dredging or removing loam, peat, gravel, soil,
rock or other material substances in such a manner as to affect the surface.
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(e) Surface use, except for purposes that permit the land or.
water area to remain predominantly in its natural condition.
(f) Activities detrimental to drainage, flood control, water
conservation, erosion control, soil conservation, or fish and wildlife habitat preservation.
(g) Acts or uses detrimental to such retention of land or water
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areas.
(h) Acts or uses detrimental to the preservation of the structural
integrity or physical appearance of sites or properties of historical, architectural,
archaeological, or cultural significance:
1.3 Responsibilities. The Developer, its successors and assigns, shall
be responsible for the periodic removal of trash and other debris that may accumulate in
the Conservation Easement Areas.
1.4 Reserved Rights. Developer reserves unto itself and its
successors and assigns, all rights accruing from its ownership of the Conservation
Easement Areas, including the right to engage in or permit or invite others to engage in
all uses of the Conservation Easement Areas that are not expressly prohibited herein and
are not inconsistent with the purpose of this Conservation Easement.
1.5 Rights of District. To accomplish the purposes stated herein, the
Developer conveys the following rights to the District:
(a) To enter upon and inspect the Conservation Easement
Areas in a reasonable manner and at reasonable times to determine if Developer or .its
successors and assigns are complying with the covenants and prohibitions contained in
this Conservation Easement.
(b) To proceed at law or in equity to enforce the provisions of
this Conservation Easement and the covenants set forth herein, to prevent the occurrence
of any of the prohibited activities set forth herein, and require the restoration of areas or
features of the Conservation Easement Areas that may be damaged by any activity
inconsistent with this Conservation Easement.
1.6 District's Discretion. District may enforce the terms of this
Conservation Easement at its discretion, but if Developer breaches any term of this
Conservation Easement and District does not exercise its rights under this Conservation
Easement, District's forbearance shall not be construed to be a waiver by District of such
term or of any subsequent breach of the same, or any other term of this Conservation
Easement, or of any of the District's rights under this Conservation Easement. No delay
or omission by the District in the exercise of any right or remedy upon any breach by
Developer shall impair such right or remedy or be construed as a waiver. District shall
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not be obligated to Developer, or to any other person or entity, to enforce the provisiops.
of this Conservation Easement.
1.7 District's Liability. Developer will assume all liability for any
Injury or damage to the person or property of third parties that may occur in the
Conservation Easement Areas arising from Developer's ownership of the Conservation
Easement Areas. Neither Developer nor any person or entity claiming by or through
Developer, shall hold District liable for any damage or injury to person or personal
property that may occur in the Conservation Easement Areas.
'~..
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1.8 Acts Beyond Developer's Control. Nothing contained in this
Conservation Easement shall be construed to entitle District to bring any action against
Developer for any injury to or change in the Conservation Easement Areas resulting from
natural causes beyond Developer's control, including, without limitation, fire, flood,
storm and earth movement, or from any necessary action taken by Developer under
emergency conditions to prevent, abate or mitigate significant injury to the Conservation
Easement Areas or to persons resulting from such causes.
1.9 Amendment. The provisions of this Conservation Easement may
not be amended without the prior written approval of the District.
1.10 Successors. The covenants, terms, conditions and restrictions of
this Conservation Easement shall be binding upon and inure to the benefit of the parties
hereto and their respective personal representatives, heirs, successors and assigns, and
shall continue as a servitude running in perpetuity with the Conservation Easement Areas.
ARTICLE XI
MISCELLANEOUS PROVISIONS
Section 1. ASSIGNMENT OF RIGHTS AND DUTIES TO ASSOCIATION.
The Developer may at any time assign and delegate to the Association all or any portion
of the Developer's rights, title, interest, duties or obligations created by this Declaration.
It is understood that the Association has been formed as a property owners Association in
order to effectuate the intent of the Developer for the proper development, operation and
management of the Property. Wherever herein the Developer or the Association, or both,
are given the right, the duty or the obligation to approve, enforce, waive, collect, sue,
demand, give notice or take any other action or grant any relief or perform any task, such
action may be taken by the Developer or the Association until such time as the Developer
has recorded a Certificate of Termination of Interest in the Property. Thereafter, all
rights, duties and obligations of the Developer shall be administered solely by the
Association in accordance with procedures set forth herein and in the Governing
Documents.
32
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Section 2. CERTIFICATE OF TERMINATION OF INTEREST.
Notwithstanding anything in this Declaration, the Articles of Incorporation or the Bylaws
to the contrary, the Developer may, in its sole discretion and at any time hereinafter, elect
to give up and terminate any and all rights reserved to the Developer in this Declaration,
the Articles of Incorporation and the Bylaws. The rights relinquished shall include, but
are not limited to: (1) the right to appoint any member of the Board; (2) the right to
amend this Declaration, the Articl:;...,of .ln~:9rw>ration or the Bylaws: (3f the right to
. ' .. n~qilire its approval of any prop~sed' amendment to this Declaration, the Articles of
.
Incorporation or the Bylaws; and (4) all veto powers set forth in this Declaration. Such
election shall be evidenced by the execution by the Developer and the recording in the
Public Records of Seminole County, Florida, of an instrument entitled Certificate of
Termination of Interest in AVERY PARK. Immediately upon the recording of such
Certificate, and so long as the Developer does own at least one (1) Lot, the Developer
shall become a Member with no more rights or obligations in regard to A VERY PARK
than those of any other Owner of a Lot. The number of votes attributable to the
Developer shall be calculated in accordance with the Governing Documents in the same
manner as the number of votes would be calculated for any other Owner.
c
Section 3 . WAIVER. The failure of the Developer or the Association to insist
upon the strict performance of any provision of this Declaration shall not be deemed to be
a waiver of such provision unless the Developer or the Association has executed a written
waiver of the provision. Any such written waiver of any provision of this Declaration by
the Developer or the Association may be canceled or withdrawn at any time by the party
giving the waiver.
Section 4. COVENANTS TO RUN WITH THE TITLE TO THE LAND. This
Declaration and the Covenants, as amended and supplemented from time to time as
herein provided, shall be deemed to run with the title to the land, and shall remain in (till
force and effect until terminated in accordance with the provisions set out herein.
Section 5. TERM OF DECLARA TION. All of the foregoing covenants,
conditions, reservations and restrictions shall run with the title to the land and continue
and remain in full force and effect at all times as against all Owners, their successors,
heirs or assigns, regardless of how the Owners acquire title, for a period of fifty (50)
years. Unless sooner terminated as provided above, these covenants, conditions,
reservations and restrictions shall be automatically extended for successive periods of ten
(10) years each, until a majority of the votes of the entire Membership of the Association
execute a written instrument declaring a termination of this Declaration, and such
tennination is approved in the Public Records of Seminole County, Florida, provided,
however, that any such instrument of termination is approved by Seminole County. Any
termination of this Declaration shall be effective on the date the instrument of termination
is recorded in the Public Records of Seminole County, Florida; provided, however, that
any such instrument, in order to be effective, must be approved in writing and signed by
the Developer so long as the Developer owns any portion of the Property.
33
."
Section 6. AMENDMENTS OF THIS DE CLARA TION. Until the Developer no .
longer owns any portion of the Property, including any portion of the Property owned by
the Developer as a result of any re-conveyance of such portion of the Property, or until
the date when the Developer records a Certificate of Termination of Interest in A VERY
PARK, whichever shall first occur, the Developer may amend this Declaration by the
recordation of an amendatory instrument in the Public Records of Seminole County,
Florida, executed by the Developer only. This Declaration may ?lS0 be.'ameiloed at any
. t.. .0_.
time upon the approval of at least two-thirds (2/3) of the members" o'r the Board as
evidenced by the recordation of an amendatory instrument executed by'the President and
Secretary of the Association; provided, however, that so long as the Developer owns any
portion of the Property and has not recorded the Certificate of Termination, no
amendment shall be effective without the Developer's express written Joinder and
Consent.
. . '."."
"Notwithstanding the above rights to amend this Declaration, any amendment to
this Declaration which alters the Surface Water or Stormwater Management System
beyond maintenance in its original condition, including the water management portions
of the Common Property, must have the prior approval of the St. Johns River Water
Management District."
Section 7. DISPUTES. In the event there is any dispute as to the interpretation of
this Declaration or whether the use of the Property or any portion thereof complies with
this Declaration, such dispute shall be referred to the Board. A determination by the
Board with respect to any dispute shall be fmal and binding on all parties concerned.
However, any use by the Developer and its successors, nominees and assigns of the
Property shall be deemed a use that complies with this Declaration and shall not be
subject to a determination to the contrary by the Board.
Section 8. GOVERNING LAW. The construction, validity and enforcement of
this Declaration shall be determined according to the laws of the State of Florida. The
venue of any action or suit brought in connection with this Declaration shall be in
Seminole County, Florida.
Section 9. INVALIDATION. The invalidation of any provision or provisions of
this Declaration by lawful court order shall not affect or modify any of the other
provisions of this Declaration, which other provisions shall remain in full force and
effect.
Section 10. USAGE. Whenever used herein, the singular number shall include the
plural and the plural the singular, and the use of any gender shall include all genders.
Section 11. CONFLICT: REAFFIRMATION. This Declaration shall take
precedence over conflicting provisions in the Articles ofIncorporation and Bylaws of the
Association, and the Articles of Incorporation shall take precedence over the Bylaws.
34
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Section 12. ENFORCEMENT. The St. Johns River Water Management DistIjct
shall have the right to enforce, by a proceeding at law or in equity, the provisions
contained in the Covenants and Restrictions that relate to the maintenance, operation and
repair of the Surface Water or Stormwater Management System.
Section 13. NOTICE. Any notice required to be sent to any Member or Owner
under the provisions of this Declaration shall be deemed to have been properly sent when
mailed, postpaid, to the last known address of the person who appears as Member or
Owner on the records of the Association at the time of such mailing...
IN WITNESS WHEREOF, the Developer, A VERY PARK, LLC has caused this
instrument to be executed in its name as of the day and year first above written.
AVE~
By:
Carl Pr .
NOTAIDALACKNOWLEDGEMENT
STATE OF FLORlDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me tbisJ!;Lt4:,y ofg;r<lo .c...200I
by Carl H. Cahill (who is personally known by the undersigned) President of
AVERY PARK, LLC, a Florida limited liability company, on behalf of the company.
G~ I..,~
Notary Public
,.....t"
".;"..v ~" PameHa R. Finne
'<!l~.'>j{-
[*: :~ MY COMMISSION' 00018196 EXPIRES
~. :~i May 6, 2005
...tP.i.~'<t-'. BONDED THRIJ TROY FAIN 1NSURAHCf. IN<:
35
\
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
June 26, 2001
CARL H. CAHILL
131 PARK LAKE ST.
ORLANDO, FL 32803
The Articles of Incorporation for AVERY PARK HOMEOWNERS' ASSOCIATION, INC.
were filed on June 25, 2001, effective July 1,2001 and assigned document number
N01000004502. Please refer to this number whenever corresponding with this office
regarding the above corporation. The certification you requested is enclosed.
PLEASE NOTE: COMPLIANCE WITH THE FOLLOWING PROCEDURES IS
ESSENTIAL TO MAINTAINING YOUR CORPORATE STATUS. FAILURE TO DO SO
MAY RESULT IN DISSOLUTION OF YOUR CORPORATION.
A CORPORATION ANNUAL REPORT/UNIFORM BUSINESS REPORT MUST BE
FILED WITH THIS OFFICE BETWEEN JANUARY 1 AND MAY 1 OF EACH YEAR
BEGINNING WITH THE CALENDAR YEAR FOLLOWING THE YEAR OF THE FILING
DATE NOTED ABOVE AND EACH YEAR THEREAFTER. FAILURE TO FILE THE
ANNUAL REPORT/UNIFORM BUSINESS REPORT ON TIME MAY RESULT IN
ADMINISTRATIVE DISSOLUTION OF YOUR CORPORATION.
A FEDERAL EMPLOYER IDENTIFICATION (FEI) NUMBER MUST BE SHOWN ON
THE ANNUAL REPORT/UNIFORM BUSINESS REPORT FORM PRIOR TO ITS
FILING WITH THIS OFFICE. CONTACT THE INTERNAL REVENUE SERVICE TO
RECEIVE THE FEI NUMBER IN TIME TO FILE THE ANNUAL REPORT/UNIFORM
BUSINESS REPORT AT 1-800-829-3676 AND REQUEST FORM SS-4.
SHOULD YOUR CORPORATE MAILING ADDRESS CHANGE, YOU MUST NOTIFY
THIS OFFICE IN WRITING, TO INSURE IMPORTANT MAILINGS SUCH AS THE
ANNUAL REPORT/UNIFORM BUSINESS REPORT NOTICES REACH YOU.
Should you have any questions regarding corporations, please contact this office at the
address given below.
Alan Crum, Document Specialist
New Filing Section
Letter Number: 301 A00038613
Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314
ARTICLES OF INCORPORATION
of
AVERY PARK HOMEOWNERS' ASSOCIATION, INC.
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ARTICLE 1: NAME
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1. NAME. The name of the corporation
HOMEOWNERS' ASSOCIATION, INC. (hereinafter
"Association"). The Effective date shall be July 1,2001.
ARTICLE 2: DEFINITIONS
2. DEFINITIONS. Unless defined in these Articles or the Bylaws, all terms
used in the Articles and Bylaws shall have the same meanings as used in the
DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS FOR
AVERY PARK HOMEOWNERS' ASSOCIATION, INC. (the "Declaration").
ARTICLE 3: PURPOSE
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3. PURPOSE. The purposes for which the Association is organized are as
follows:
3.1 To operate as a corporation not-for-profit pursuant to Chapter 617 of
the Florida Statues.
3.2 To administer, enforce and carry out the terms and provisions of the
Declaration as same may be amended or supplemented from time to time.
,3.3 To administer, enforce and carry out the terms and provisions of any
other Declaration of Convenants and Restrictions or similar document, submitting
property to the jurisdiction of or assigning responsibilities, rights or duties to the
Association and accepted by the Board of Directors of the Association (the "Board").
3.4 To promote the health, safety, comfort and social and economic
welfare of the Members of the Association and the Owners and Residents of lots in
A VERY PARKas authorized by the Declaration, by these Articles, and by the Bylaws.
37
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ARTICLE 4: POWERS
4. POWERS. The Association shall have the following powers:
4.1 All of the common law and statutory powers of a corporation not-for-
profit under the laws of the State of Florida which are not in conflict with the terms of
these Articles.
4.2 To enter into, make, establish and enforce rules, regulations, Bylaws,
covenants, restrictions and agreements to carry out the purposes of the Association.
4.3 To make and collect Assessments for Common Expenses from Owners
to defray the costs, expenses, reserves and losses incurred or to be incurred by the
Association, and to use the proceeds thereof in the exercise of the Association's powers
and duties.
4.4 To own, purchase, sell, mortgage, lease, administer, manage, operate,
maintain, improve, repair and/or replace real and personal property.
4.5 To hold funds for the exclusive benefit of the Members of the
Association as set forth in these Articles and provided in the Declaration and the Bylaws.
4.6 To purchase insurance for the protection of the Association, its
Officers, Directors and Members, and such other parties as the Association may
determine to be in the best interest of the Association.
4.7 To operate, maintain, repair, and improve all Common Property and
such other portions of A VERY PARKas may be determined by the Board from time to
time.
4.8 To honor and perform under all contracts and agreements entered
between third parties and the Association or third parties and the Developer which are
assigned to the Association.
4.9 To exercise architectural control, either directly or through appointed
committees, over all buildings, structures and improvements to be placed or constructed
upon any portion of A VERY PARK. Such control shall be exercised pursuant to the
Declaration.
4.10 To provide for private security, fire safety and protection, and similar
functions and services within A VERY PARK, as the Board in its discretion determines
necessary or appropriate.
38
".
4.11 To provide, purchase, acquire, replace; improve, maintain and/or repair
such buildings, structures, streets, pathways, and other structures, landscaping, paving
and equipment, both real and personal, related to the health, safety and social welfare of
the Members of the Association and the Owners and Residents of A VERY PARK, as the
Board in its discretion determines necessary or appropriate.
4.12 To employ personnel necessary to perform the obligations, services
and duties required of or to be performed by the Association and/or to contract with
others for the performance of such obligations, services and/or duties and to pay the cost
thereof in accordance with whatever contractual arrangement the Board shall enter.
, . tit ~ -t: ...
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4.13 The Association shall operate, maintain and manage the Surface Water
or Stormwater Management System in a manner consistent with the St. Johns River
Water Management District Permit No. 40-117-22125-13 requirements and applicable
District rules, and shall assist in the enforcement of the Declaration of Covenants and
Restrictions which relate to the Surface Water or Stormwater Management System. The
Association shall levy and collect adequate assessments against members of the
Association for the costs of maintenance and operation of the Surface Water or
Stormwater Management System.
ARTICLE 5: MEMBERS
5.1 Membership. Except as is set forth in this Article 5, every person who
is a record title holder of a fee or undivided fee interest in any Lot which is subject by
covenants or record to assessment by the Association shall be a Member of the
Association, provided that any such person which holds such interest merely as a security
for the performance of any obligation shall not be a Member. A builder or developer ~ho
in its normal coarse of business purchases a Lot for the purpose of constructing an
Improvement thereon for resale shall not become a Member of the Association so long as
such builder or developer does not occupy the Improvement as a residence. Only (a)
those Persons who purchase a Lot to have a residence built for them, (b) those Persons
who purchase a Lot and the Improvements thereon during or after completion of
construction, and (c) the Developer, shall be Members. Notwithstanding the previous
sentence, if a builder does occupy an Improvement as his primary personal residence and
so notifies the Association in writing, thereafter such builder shall be considered a
Member of the Association. The Developer shall retain the rights of membership
including, but not limited to, the Voting Rights, to all Lots owned by Persons not entitled
to Membership as herei.n defined.
5.2 Transfer Of Membership. Transfer of membership in the Association
shall be established by the recording in the Public Records of Seminole County, Florida
of a deed or other instrument establishing a transfer of record title to any Lot for which
membership has already been established. The Owner designated by such instrument of
conveyance thereby becomes a Member, and the prior Member's membership thereby is
39
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terminated. In the event of death of a Member, his membership shall be automatically.
transferred to his heirs or successors in interest. Notwithstanding the foregoing, the
Association shall not be obligated to recognize such a transfer of membership until such
time as the Association receives a true copy of the recorded deed or other instrument
establishing the transfer of ownership of the Lot, and it shall be the responsibility and
obligation of both the former and the new Owner of the Lot to provide such true copy of
said recorded instrument to the Association.
5.3 Prohibition against Transfer. The share of a Member in the funds and
assets of the Association cannot be assigned, hypothecated or transferred in any manner
except as an appurtenance to the Lot associated with the membership of that Member, nor
may a membership be separately assigned, hypothecated or transferred in any manner
except as an appurtenance to the Lot.
5.4 Determination of Voting Rights. The Owner of a Lot who IS a
Member shall be entitled to one (1) vote for each Lot owned by that Member.
5.5 Developer. The number of votes attributable to the Developer shall be
the total number of Lots shown on the plat of A VERY PARK reduced by the number of
votes attributable to the Lots sold to Persons who are Members.
5.6 Number of Votes. The total number of outstanding votes at any time
shall be equal to the number of Lots shown on any plat of A VERY PARK. If any plat is
amended to increase or decrease the number of Lots, the total number of votes will be
adjusted accordingly.
5.7 V oting by Co-Owners. If the Lot associated with the membership of a
Member is owned by more than one person, the vote(s) of the Member may be cast at '!11y
meeting by any Co-Owner of the Lot. If, when the vote(s) is (are) to be cast, a dispute
arises between the Co-Owners as to how the vote(s) will be cast, they shall lose the right
to cast their vote( s) on the matter being voted upon, but their vote( s) continue to be
counted for purposes of determining the existence of a quorum. When more than one
person holds such interest or interests in any Lot, all such persons shall be Members and
vote for such Lot shall be exercised as they among themselves determine, but in no event
shall more than one vote be cast with respect to any Lot.
5.8 Proxies. Every Member entitled to vote at a meeting of the Members,
or to express consent or dissent without a meeting, may authorize another person to act on
the Member's behalf by a proxy signed by such Member. Any proxy shall be delivered
to the Secretary of the Association or the person acting as Secretary at the meeting, at or
prior to the time designated in the order of business for so delivering such proxies. No
proxy shall be valid after the expiration of eleven (11) months from the date thereof,
unless otherwise provided in the proxy. Every proxy shall be revocable at any time at the
pleasure of the Member executing it.
40
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5.9 Right of the Developer. Notwithstanding anything contained in these.
Articles, the Bylaws or the Declaration to the contrary, so long as the Developer owns
any portion of the Property and the Developer has not caused to be recorded in the Public
Records of Seminole County, Florida, a Certificate of Termination of Interest in A VERY
P ARK, no vote of the Members shall be effective without approval in writing by the
Developer. The Certificate of Termination of Interest in A VERY PARK will terminate
any and all right, title, interest and obligation of the Developer in the operation and
control of the Association. Thereafter, the Developer shall be a Member with the number
of votes determined in accordance with Section 5.5.
I
5.10 Calculation of Votes. Any question concerning the number of votes
which may be cast by a Member shall be decided by the Board.
ARTICLE 6: MEMBERS OF THE BOARD
6.1 Members of the Board. The affairs of the Association shall be
managed by a Board consisting of not less than three (3) members, nor more than nine (9)
members, and which shall always be an odd number. The number of members of the
Board shall be determined in accordance with the Bylaws. In the absence of such
determination, there shall be three (3) members of the Board.
6.2 The Developer shall appoint members of the Board of Association as
follows:
6.2.1 The Developer shall have the right to appoint all members of
the Board until the Developer holds less than five percent (5%) of the total number of
votes of Members as determined by Article 5 hereof.
6.2.2 Thereafter, unless the Developer has caused to be recorded in
the Public Records of Seminole County, Florida, a Certificate of Termination of Interest
in AVERY ,PARK, the Developer shall have the right to appoint a majority of the
members of the Board so long as the Developer owns any Lots within A VERY PARK.
6.3 After the Developer no longer has the right to appoint all members of
the Board under. Section 6.2.1, or earlier if the Developer so elects, then and only then
shall any member of the Board be elected by the Members of the Association.
, 1
6.4 All of the duties and powers of the Association exacting under Chapter
617 of the Florida Statutes, the Declaration, these Articles and the Bylaws shall be
exercised exclusively by the Board, its agents, con~actors or employees, subject to
approval by the Members only when specifically required.
6.5 A member of the Board may be removed and vacancies on the Board
shall be filled in the manner provided by the Bylaws. However, any member of the
41
'I.
Board appointed by the Developer may only be removed by the Developer, and any .
vacancy on the Board of a member appointed by the Developer shall be filled by the
Developer.
6.6 The names and addresses of the members of the Board who shall hold
office until their successors are elected or appointed, or until removed, are as follows:
Carl H. Cahill
131 Park Lake Street, Orlando, FL 32803
':';f "
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Sandra T. Bierly
126 Hamlin T Lane Altamonte Springs, FL 32714
G. Scott Cahill
131 Park Lake Street, Orlando, FL 32803
ARTICLE 7: OFFICERS
7. OFFICERS. The Officers of the Association shall be a President, Vice
President, Secretary, Treasurer and such other Officers as the Board may from time to
time by resolution create. The Officers shall serve at the pleasure of the Board, and the
Bylaws may provide for the removal from office of Officers, for filling vacancies, and for
the duties of the Officers.' The Names of the Officers who shall serve until their
successors are designated by the Board are as follows:
President - Carl H. Cahill
Vice President - Sandra Bierly
Secretary/Treasurer - G. Scott Cahill
ARTICLE 8: INDEMNIFICATION
8. INDEMNIFICATION OF OFFICERS, MEMBERS OF THE BOARD OR
AGENTS. The Association shall indemnify any Person who was or is a party or is
threatened to be made a party, to any threatened, pending or contemplated action, suit or
proceeding, whether civil, criminal, administrative or investigative, by reason of the fact
that he is or was a member of the Board, Employee, Officer or Agent of the Association,
against expenses (including attorneys' fees and appellate attorneys' fees), judgments,
fines and amounts paid in settlement actually and reasonably incurred by him in
connection with such action, suit or proceeding 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, if he had no reasonable cause to
42
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believe his conduct was unlawful; or matter as to which such Person shall have been.
adjudged to be liable for gross negligence or willful 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 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 proceeding by judgment, order, settlement,
conviction, or upon a plea of nolo contendere or its equivalent, shall not, in and 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, that he had no reasonable cause to
believe that his conduct was unlawful. .
..... -
-:.'"
.-'"
8.1 To the extent that a member of the Board, Officer, Employee or Agent
of the Association is entitled to indemnification by the Association in accordance with
this Article 8, he shall be indemnified against expenses (including attorneys' fees and
appellate attorneys' fees) actually and reasonable incurred by him in connection
therewith.
8.2 Expenses incurred in defending a civil or criminal action, suit or
proceeding shall be paid by the Association in advance of the final disposition of such
action, suit or proceeding upon receipt of an undertaking by or on behalf of the members
of the Board, Officer, Employee or Agent of the Association to repay such amount unless
it shall ultimately be determined that he is entitled to be indemnified by the Association
as authorized in this Article.
8.3 The indemnification provided by this Article shall not be deemed
exclusive of any rights to which those seeking indemnification may be entitled under the
laws of the State of Florida, any Bylaw, agreement, vote of Members or otherwise. As to
action taken in an official capacity while holding office, the indemnification provided by
this Article shall continue as to a Person who has ceased to be a member of the Board,
Officer, Employee, or Agent of the Association and shall inure to the benefit of the heirs,
executors and administration of such a Person.
8.4 The Association shall have the power to purchase and maintain
insurance on behalf of any Person who is or was a member of the Board, Officer,
Employee or Agent of the Association, or is or was serving at the request of the
Association as a member of the Board, Officer, Employee or Agent of another
corporation, partnership, joint venture, trust or other enterprises, against any liability
asserted against him arid incurred by him in any such capacity, as arising out of his status
as such, whether or not the Association would have the power to indemnify him against
such liability under the provisions of this Article.
43
ARTICLE 9: BYLAWS'
9. INITIAL BYLAWS. The initial Bylaws shall be adopted by the Board, and
may be altered, amended or rescinded in the manner provided by the Bylaws.
ARTICLE 10: AMENDMENTS
10. AMENDMENTS. Amendments to these Articles shall be proposed and
adopted in the following manner:
10.1 Initiation. A Resolution to amend these Articles may be proposed by a
majority of the members of the Board, or by Members holding not less than ten percent
(10%) of the votes of the entire membership of the Association.
10.2 Notice. Notice of the subject matter of a proposed amendment shall be
included in the notice of any meeting at which a proposed amendment is to be,considered.
10.3 Adoption of Amendments. Members of the Board and Members not
present in person or by proxy at the meeting to consider the amendment may express their
approval in writing, provided such approval is delivered to the Secretary at or prior to the
meeting. A Resolution adopting a proposed amendment to the Articles must bear the
approval of not less than two-thirds (2/3) of the votes of the Members of the Association.
10.3.1 As long as the Developer appoints a majority of the members
of the Board, the Developer shall have the right to unilaterally amend these Articles
without the joinder or approval of any member of the Board or any Member. No
amendment to these Articles shall be effective without the written approval of the
Developer as long as (1) the Developer owns any portion of the Property and (2) the
Developer has not caused to be recorded in the Public Records of Seminole County,
Florida, a Certificate of Termination of Interest in A VERY PARK.
10.3.2 A Resolution for the adoption of the proposed amendment shall
be adopted by Members having not less than a majority of the votes of the entire
membership of the Association.
10.4 Restrictions on Amendment. No amendment shall make any changes
in the qualification for membership nor in the voting rights or property rights of Members
without the approval of all Members. Until the turnover date, as defined in the
Declaration, no amendment shall make any changes which would in any way affect any
of the rights, privileges, power or options herein provided in favor of, or reserved to, the
Developer, unless the Developer shall join the execution of the amendment.
10.5 Filing Amendments. Upon the approval of an amendment to these
Articles, Articles of Amendment shall be executed and delivered to the Department of
44
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\
State as provided by law, and a copy certified by the Department of State shall be,
recorded in the Public Records of Seminole County, Florida, as an amendment to the
Declaration.
,.../
ARTICLE 11: TERM
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11. Existence of the Association shall commence with the filing of the Articles
of Incorporation with the Secretary of State, Tallahassee, Florida. The Association shall
exist in perpetuity.
11.1 In the event of termination, dissolution or final liquidation of the
Association, the responsibility for the operation and maintenance of the fInal 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., and be approved by the St.
Johns River Water Management District prior to such termination, dissolution or
liquidation.
11.2 Dissolution. The Association may be dissolved with written assent
signed by not less than two-thirds (2/3) of the 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 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.
ARTICLE 12: INCORPORATION
12. The name and street address of the Incorporator is:
Carl H. Cahill
131 Park Lake Street
Orlando, FL 32803
ARTICLE 13: INITIAL REGISTERED OFFICE ADDRESS
AND NAME OF INITIAL REGISTERED AGENT
13. The street address of the Initial Registered Officer of the Association is 131
Park Lake Street, Orlando, Florida, 32803. The Initial Registered Agent of the
Association at that address is Carl H. Cahill.
45
...
IN. WITNESS WHEREOF, the Incorporate
executed the Articles.
~~
and the' Initial Registered Agent haye,
Date: .k:? c; ;{a:;7(
~ . /
,J "",,: "i,.
:i~.
~:---.. ....
NOTARIAL ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me on this M. day o~ ~
2001, by Carl H. Cahill, who is personally known to me ~ 0 roduced
as identification.
~A~ g.~
NOtary Public
My Commission Expires:
~",'~I'l."" .
,:.,.r:..~*~ Pamella R. Finne
A :~ MY COMMISSION # 00018196 EXPIRES
"9.<'~ May 6, 2005
..:t- BONDED THRU Tl10Y FAIN INSURANCE. IHe.
46
\
CERTIFICATE DESIGNATION
REGISTERED AGENT FOR
THE SERVICE OF PROCESS WITHIN TIDS STATE
Pursuant to Chapter 489, Florida Statutes, the following is submitted in compliance with
said Act:
A VERY PARK HOMEOWNERS' ASSOCIATION, INC., desiring to organize as a
corporation under the laws of the State of Florida, with its principal office at 131 Park
Lake Street, Orlando, Florida 32803, has named Carl H. Cahill, located at the above
Registered Office, as its Registered Agent to accept Service of Process within this state.
ACKNOWLEDGMENT; having been named to accept Service of Process f~Df above
.m -
stated corporation, at place designated in this Certificate, I hereby agree to~in ~s 11
:r:: rr'. ::z: _
capacity, and further agree to comply with the provisions of said Act relative ~ ~,ee~ r
(fl '-'.
open said office. ~,~_: :2 rn
- ;> 0
~~-ff/ Date: ~~o,;(oo~i C;
(~If~ (- ~~--- t:/ / :' "-
NOTARIAL ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me on this ,j,D1iL-day o~, _
2001, by Carl H. Cahill, who is personally known to me t,.../', OR roduced
as identification.
".~-:;;"~". Pamella R. Fmne
'~:!)' . ~.,,:
f.: :..\ MY COMMISSION I 00018196 EXPIRES
':-.,.: . : ; May 6, 2005
-'~~:.'if..r.l.. . BONDEO THRIJ TltOYfMlINSUWlCf. 1Ne.
(:)~ Q, g~ /
~ Public
My Commission Expires:
47
EXHIBIT "B"
BYLA WS
of
AVERY PARK
HOMEOWNERS' ASSOCIATION, INC.
Prepared by:
Carl H. Cahill
131 Park Lake Street
Orlando, FL 32803
Phone (407) 422-5456
Fax (407) 841-1623
\
48
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BYLA WS
of
AVERY PARK HOMEOWNERS' ASSOCIATION, INC.
A Florida Corporation Not-For-Profit
1. GENERAL.
1.1 Identity. These are the Bylaws of AVERY PARK
HOMEOWNERS' ASSOCIATION, INC. (The "Association"), a corporation not~for-
profit formed under the laws of the State of Florida. The Association has been organized
for the purposes stated in the ArtiCles of Incorporation (the "Articles"), and the
Declaration of Protective Covenants and Restrictions for A VERY P ARK (the
"Declaration"). The Association shall have all of the power provided in these Bylaws,
the Articles, the Declaration (collectively, the "Governing Documents"), and any other
statue or law of the State of Florida or any other power incident to any of the above
powers.
1.2 Principal Office. The principal office of the Association shall be at
such place as the Board may determine from time to time.
1.3 Fiscal Year. The fiscal year of the Association shall be the calendar
year.
1.4 Seal. The seal of the Association shall have inscribed upon it AVERY
PARK HOMEOWNERS' ASSOCIATION, INC., the year "2001" and the words
"Corporation Not-For-Profit". The seal may be used by causing it, or a facsimile thereof,
to be impressed, affixed or otherwise reproduced upon any instrument or document
executed in the name of the Association.
1.5 Inspection of Books and Records. The records of the Association shall
be open to inspection by any Member of the Association, upon request, during normal
business hours or under other reasonable circumstances. The records of the Association
shall include current copies of the Declaration, the Articles, the Bylaws, ally Rules and
Regulations of the Association, any contracts entered into by the Association, and the
books, records and financial statements of the Association. The Association shall be
required to make available to perspective purchasers of any Lot, current copies of the
Governing Documents and the most recent annual financial statement of the Association.
1.6 Definitions. Unless the context otherwise requires, all terms used in
these Bylaws shall have the same meaning as are attributed to them in the Declaration
and the Articles.
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2. MEMBERSHIP IN GENERAL. The qualification of Members, the manner'
of their admission to membership, changes in membership, and the termination of such
membership, shall be as set forth in the Declaration and the Articles.
2.2 Member Register. The Secretary of the Association shall maintain a
register in the office of the Association showing the names and addresses of the Members
of the Association. Each Member shall at all times advise the Secretary of any change of
address of the Member or of any change of ownership of the Member's Lot. The
Association shall not be responsible for reflecting any changes until notified of such
change in writing.
3. MEMBERSHIP VOTING.
3.1 Majority Vote. The acts approved by a majority of the votes present in
person or by proxy at a meeting at which a quorum is present, shall be binding upon all
Members for all purposes, except where otherwise provided by law or in the Governing
Documents.
3.2 Determination of Voting Rights. The Owner of a Lot who IS a
Member shall be entitled to one (1) vote for each Lot owned by that Member.
3.3 Developer. The number of votes attributable to the Developer shall be
the total number of votes shown on any plat of A VERY PARK reduced by the number of
votes attributable to the Lots' sold to Persons who are Members.
3.4 Number of Votes. The total of outstanding votes at any time shall be
equal to the number of Lots shown on any plat of A VERY PARK. If any plat is
amended to increase or decrease the number of Lots, the total number of votes will' be
adjusted accordingly.
3.5 Voting by Co-Owners. If the Lot associated with the membership ofa
Member is owned by more than one individual or by an entity, the vote(s) of the Member
may be cast at any meeting by any Co-Owner of the Lot. If, when the vote(s) is (are) to
be cast, a dispute arises between the Co-Owners as to how the vote( s) will be cast, they
shall lose the right to cast their vote(s) on the matter being voted upon, but their vote(s)
shall continue to be counted for purpose of determining the existence of a quorum.
3.6 Proxies. Every Member entitled to vote at a meeting of the Members,
or to express consent or dissent without a meeting, may authorize another person to act on
the Member's behalf by a proxy signed by Member. Any proxy shall be delivered to the
Secretary at the meeting, at or prior to the time designated in the order of business for so
delivering such proxies. No proxy shall be valid after the expiration of eleven (11)
months from the date thereof, unless otherwise provided in the proxy. Every proxy shall
be revocable at any time at the pleasure of the Member executing it.
50
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3.7 Right of the Developer. Until the Turnover Date, no vote of the .
Members shall be effective without approval in writing by Developer. Upon and after the
Turnover Date the Developer shall be a Member with the same number of votes
determined in accordance with Subsection 3.3 of these Bylaws; provided, however, that
until the Developer no longer owns any portion of the Property, including any portion of
the Property owned by the Developer as a result of any reconveyance of such portion of
the Property, or until the date when the Developer records a Certificate of Termination of
Interest in A VERY PARK, whichever shall first occur, Developer shall retain its right to
elect one (1) member to the Board as provided in Subsection 5.2.
--
.": .~'-1.
3.8 Calculation of Votes. Any questions concerning the number of votes
which may be cast by a Member shall be decided by the Board.
4. MEMBERSHIP MEETINGS.
4.1 Who May Attend. Any Person entitled to cast the votes of the
Member, and in the event any Lot is owned by more than one Person, all Co-Owners of
the Lot may attend any meeting of the Members. However, the votes of any Member
shall be cast in accordance with the provisions of Section 3 above. Any Person not
expressly authorized to attend a meeting of the Members as set forth above, may be
excluded from any meeting of the Members by the presiding officer of the meeting.
4.2 Place. All meetings of the Members shall be held at the principal
office of the Association or at any other location as designated by the Board and stated in
the notice of meeting.
4.3 Quorum Requirements. Except as set forth hereinafter or unless
otherwise so approved, at any regular or special meeting of the Members, the presence in
person or by proxy of Members entitled to cast a majority of the votes of the entire
membership at the time of such vote shall constitute a quorum. If any meeting of the
Members cannot be organized because a quorum is not present, a majority of the votes of
the Members present, either in person or by proxy, may adjourn the meeting to a time ,not
less than five (5) days or more than thirty (30) days from the time the original meeting
was called, at which meeting the quorum required shall be present in person or by proxy
of Members holding at least twenty-five percent (25%) of the votes of the entire
membership. Such an adjourned meeting may be held without notice thereof as provided
in Subsection 4.4, provided that notice is given by announcement at the meeting at which
such adjournment is taken. If, however, such an adjourned meeting is actually attended,
in person or by proxy,. by Members entitled to cast less than one-third (1/3) of the total
votes of the membership, notwithstanding the presence of a quorum, no matter may be
voted upon except such matters of a general nature for which notice was given pursuant
to Subsections 4.4 and 4.7 hereof. If a meeting of Members is adjourned for more than
thirty (30) days from the original scheduled meeting date, or if the Members adjourn a
meeting, the quorum and notice requirements for the holding of such adjourned meeting
51
shall then be the same as the notice and quorum requirements prescribed for special'
meetings.
4.4 Notices. Written notice stating the location, day and hour of any
meeting, and in the case of a special meeting, the purpose or purposes for which the
meeting is called, shall be given to each Member not less than five (5) days and not more
than sixty (60) days before the date of the meeting, by or at the direction ofthe President,
the Secretary, or the Officer or persons calling the meeting. The notice may set forth time
limits for speakers and nomin':lting procedures for the meeting. The notice of any
meeting at which members of the Board are to be elected shall include the names of all
those who are nominees at the time the notice is given to the Members. If mailed, such
notice shall be deemed to be delivered when deposited in the United States Mail,
addressed to the Member at the Member's address as it appears on the records of the
Association, unless such Member shall have filed a written request with the Secretary of
the Association stating that notices to him be mailed to some other address. All notices
shall be dated and mailed to the Members as soon after the date of the notice as is
practical. The date of the notice shall be the date used for the purpose of determining
Members entitled to notice of, or to vote at, any meeting of the Members of the
Association, or in order to make a determination of the Members for any other purpose.
The Board shall not be required to take into account any changes in membership accruing
after that date, but may, in their sole and absolute discretion, do so. If the Lot of a
Member is owned by more than one Person, only one notice shall be required to be sent
with respect to the Member, which shall be made to the Person designated in the records
of the Association.
4.5 Waiver of Notice. Whenever any notice is required to be given to any
Member under the provisions of the Articles or these Bylaws, or as otherwise provided by
law, a waiver in writing signed by the Person or Persons entitled to such notice whether
before or after the time stated therein, shall be equivalent to the giving of such notice.
Attendance of a' Member at a meeting shall constitute a waiver of notice of such meeting
except when the Member objects at the beginning of the meeting to the transaction of any
business because the meeting is not lawfully called or convened.
4.6 Annual Meeting. The Annual Meeting for the purpose of electing
members of the Board and transacting any other business shall be held at 7:00 p.m. on the
first Tuesday in April or at such other time in the month of April as shall be selected by
the Board. If the Board fails to call the Annual Meeting by the end of April, then within
thirty (30) days after the written request of any Member, Officer or member of the Board
of the Association, the Secretary shall call the Annual Meeting.
4.7 Special Meetings. Special Meetings of the membership may be
requested by written notice to the Secretary by any member of the Board, the President,
or any Members having not less than ten percent (10%) of the votes of the entire
membership, or as otherwise provided by law. Such request shall state the purpose of the
proposed meeting. Business transacted at all Special Meetings shall be confined to the
52
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subjects stated in the notice of meeting. Notice of any Special Meeting shall be given in'
accordance with Subsection 4.3 to all of the Members within thirty (30) days after a
Special Meeting is duly requested.
4.8 Adjournments. Any meeting may be adjourned or continued by a
maJonty of the votes present at the meeting in person or by proxy, regardless of a
quorum, or if no Member entitled to vote is present at a meeting, then any Officer of the
Association may adjourn the meeting. If any meeting is adjourned or continued to
another time or place, it shall not be necessary to give any notice of the adjourned
meeting, if the time and place to which the meeting is adjourned are announced at the
meeting at which the adjournment is taken, and any business may be transacted at the
adjourned meeting that might have been transacted at the original meeting. If the time
and place to which the meeting is adjourned are announced at the meeting at which the
adjournment is taken, notice of the adjourned meeting may be given to Members not
present at the original meeting, without giving notice to the Members who were present at
such meeting.
4.9 Organization. At each meeting of the Members, the President, or in
his absence, the Vice President shall act as chairman of the meeting. The Secretary, or in
his absence or inability to act, any Person appointed by the chairman of the meeting shall
act as Secretary of the meeting.
4.10 Minutes. The minutes of all meetings of the Members shall be kept in
a book available for inspection by the Members or their authorized representatives, and
the members of the Board, at any reasonable time.
4.11 Action Without a Meeting. Any action required or permitted to be
taken at any Annual or Special Meeting of the Members may be taken without a meeting,
without prior notice, and without a vote if a consent in writing, setting forth the action so
taken shall be signed by the Members having not less than the minimum number of votes
that would be necessary to authorize or take action at a meeting at which all Members
entitled to vote thereon were present and voted. Within ten (10) days after obtaining such
authorization by written consent, notice shall be given to those Members who have not
consented in writing. The notice shall fairly summarize the material features of the
authorized action. If the Lot(s) for which membership is established in the Association is
owned by more than one Person or by an entity, the consent for such Lot(s) need only be
signed by one Person who would be entitled to cast the vote(s) for the Lot(s).
5. BOARD.
5.1 Number of Members of the Board.
5.1.1 The affairs of the Association shall be managed by a Board
comprised of not less than three (3) or more than nine (9) members. So long as the
Developer is entitled to appoint all members of the Board pursuant to the Articles, the
53
...
number of members of the Board will be determined, and may be changed from time to '
time, by the Developer by written notice to the Board. In the absence of such
notification, there shall be three (3) members of the Board.
5.1.2 When the Developer is no longer entitled to appoint all
members of the Board, the number of members of the Board shall be increased to at least
five (5).
....
5.1.3 Notwithstanding the foregoing, in no, event shall there be less
than three (3),members of the Board, and the number of members shall always be an odd
number. The Members shall not have the right to change the number of members of the
Board so long as the Developer has the right to determine the number of members of the
Board as set forth above.
5.2 Election of Members of the Board. Until the Turnover Date, the
Developer shall have the right to appoint the initial members of the Board and their
successors. Upon and after the Turnover Date, the Developer shall be entitled to elect
one (1) member to the Board for so long as the Developer owns any Lots, and the
remainder of the Board shall be elected by the Members in accordance with the terms and
provisions of these Bylaws. Upon and after the date that the Developer is no longer
entitled to appoint any member of the Board, all members of the Board shall be elected
by the Members in accordance with the terms and provisions of these Bylaws. Election
to the Board by the Members of the Association shall be conducted in the following
manner:
5.2.1 At any time after the Developer no longer has the right to
appoint one or more members of the Board, or upon the earlier voluntary relinquishment
by the Developer of its right to appoint any or all members of the Board, the existing
Board shall appoint a nominating committee composed of Members. The Board shall
, send a notice to all Members advising of the impending election of the members to the
Board, the names and addresses of members of the nominating committee, and the date
the committee will make decisions concerning nominations for election to the Board,
which date shall be no less than fifteen (15) days after the date of the notice. Members
may then submit names in writing of proposed members of the Board to members of the
nominating committee.
5.2.2 The nominating committee shall make as many nominations
for election to the Board as it shall in its discretion determine, but not less than the
number of vacancies that are to be filled (see Subsection 5.1.2). Such nominations may
be made from among Members or nonmembers, as the committee in its discretion shall
determine. Nominations shall be placed on a written ballot provided in Subsection 5.2.3
for the mailing of such ballots to the Members.
54
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which shall:
5.2.3 All elections to the Board shall be made by written ballot'
(a) indicate the number of vacancies to be filled;
committee;
(b) set forth the number of those nominated by the nominating
(c) contain a space for write-in votes by the Members; and,
(d) contain a requirement that the Members must cast the same
number of votes as the number of vacancies on the Board. For example, if the Member
has one (1) vote, there are five (5) nominees and three (3) vacancies, the Member must
vote for rio more and no less than three (3) nominees or the ballot will not be counted. If
the Member is entitled to, for instance, five (5) votes, in the example in the previous
sef.ltence, the Member must vote his five (5) votes as a block for no more and no less than
three (3) nominees or the ballot will not be counted. That is, three (3) nominees on that
ballot will receive exactly five (5) votes each.
Such ballots shall. be prepared and mailed by the Secretary to the Members at least
fourteen (14) days in advance of the date set forth therein for a return (which shall be a
date not later than the day before the Annual Meeting or Special Meeting called for that
purpose). The Secretary shall include with the ballot a brief summary and description of
each Person nominated by the Board.
5.2.4 The completed ballot shall be returned as follows:
(a) Each ballot shall be placed in a sealed envelope whlch
shall bear on its face the name and signature of the Member or his proxy, the number of
votes of that Member, and such other information as the Board may determine will serve
to establish his right to cast the vote or votes presented in the ballot or ballots contained
therein. The' ballots shall be returned to the Secretary at the address of the Association.
, 5.2.5 Upon receipt of each return, the Secretary shall immediately
place it in a safe or other locked place until the day set for the return of all ballots. On
that day the envelopes containing the ballot(s) shall be turned over, unopened, to a
separate Election Committee which shall consist of three (3) Persons appointed by the
Board. The Election Committee shall then adopt a procedure which shall:
(a) establish that the number of votes set forth on the
envelope and on the ballot correspond to the number of votes allowed to the Member or
his proxy; and
(b) that the signature of the Member or his proxy on the
outside envelope is genuine; and
55
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(c) if the vote is by proxy that a proxy has been filed with .
Secretary as provided herein, that such proxy is valid.
The Election Committee shall proceed to the opening of the envelopes and the counting
of the votes. The Election Committee shall immediately send written notice to all
Members advising of the results of the election. The ballots and the outside envelopes
shall be returned to the Secretary to be kept in a safe or other locked place for a minimum .
of thirty (30) days. If no Member requests a review of the procedures and votes within
said thirty (30) days, the ballots and outside envelopes shall be destroyed. '
.
..~<
. + ..;.\
5.3 Term of Office. Onthe first occasion that the Members, other than the
Developer, have the opportunity to elect any member of the Board, the Members shall
have the right to elect at least two (2) members of the Board. The term of office of the
members of the Board receiving the highest number of votes shall be two (2) years, and
the term of office of the member(s) of the Board receiving the next highest number of
votes shall be one (1) year. Each member of the Board shall hold office until his
successor has been elected or until his death, resignation, removal or judicial adjudication
of mental incompetence. Just prior to each Annual Meeting thereafter, new members of
the Board shall be elected to fill vacancies created by the death, resignation, removal,
judicial adjudication of mental incompetence or expiration of the terms of past members
of the Board, and the term of each member of the Board shall be two (2) years.
On the first occasion that the Members, other than the Developer, have the opportunity to
elect all members of the Board, the new members of the Board shall be elected to replace '
the members of the Board appointed by the Developer as provided in these Bylaws. The
term of office of the two (2) members of the Board receiving the highest number of votes
shall be two (2) years and the term of office of the other members of the Board shall be
one (1) year. It is the intention of this provision to create staggered terms so that one-
third (1/3) of the members of the Board shall be elected each year. The term of office of
each member of the Board elected to fill a vacancy created by the expiration of the term
of office of the respective past member of the Board shall be two (2) years. The term of
office of each member of the Board elected or appointed to fill a vacancy created by the
resignation, death or removal of his predecessor shall be the balance of the unserved term
of his predecessor. Any Person serving as a member of the Board may be re-elected, and
there shall be no limitation on the number of terms during which he may serve.
5.4 Organization Meeting. The newly elected Board shall meet for the
purposes of organization, the election of officers and the transaction of other business
immediately after their. election or within ten (10) days of same at such place and time as
shall be fixed by the members of the Board, and no further notice of the organizational
meeting shall be necessary.
5.5 Regular Meetings. Regular Meetings of the Board may be held at such
time and place as shall be determined, from time to time, by a majority of the members of
the Board.
56
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5.6 Special Meetings. Special Meetings of the Board may be called by
any member of the Board, or by the President if not otherwise a member of the Board, at
any time.
r
5.7 Board Action Without a Meeting. Any action required to be taken at a
meeting of the members of the Board, or any action which may be taken at a meeting of
the members of the Board, may be taken without a meeting if a consent in writing setting
forth the action to be taken is signed by all members of the Board and is filed in the
minutes qf the proceedings of the Board. Such consent shall have the same effect as a
unanimous vote.
...-..i:t:~:.:
5.8 Notice of Meetings. Notice of each meeting of the Board shall be
given by the Secretary, or by any other office or member of the Board, stating the day,
location and time of the meeting. Notice of such meeting shall be delivered to each
member of the Board either personally or by telephone or telegraph, at least twenty-four
(24) hours before the time at which such meeting is to be held, or by first class mail,
postage paid, at least three (3) days before the day on which such meeting is to be held.
Notice of a meeting of the Board need not be given to any member of the Board who
signs a waiver of notice either before or after the meeting. Attendance of a member of
the Board at a meeting shall constitute a waiver of such meeting and a waiver of any and
all objections to the place, the time or the manner in which the meeting has been called or
convened, except when a member of the Board states, at the beginning of the meeting, an
objection to the transaction of any business because the meeting is not lawfully called or
convened. Neither the business to be transacted at, nor the purpose of, any Regular or
Special Meeting of the Board need be specified in any notice or waiver of notice of such
meeting.
5.9 Attendance at Board Meetings. All meetings of the Board shall 'be
open to all Members. A member of the Board may appear at a Board meeting by
. telephone conference, but in that event, a telephone speaker shall be attached so that any
discussion may be heard by the members of the Board and by Members present as in an
open meeting.
5.10 Quorum and Manner of Action. A maJonty of the Board shall
constitute a quorum for the transaction of any business at a meeting of the Board. The act
of the majority of the members of the Board present atthe meeting at which a quorum is
present shall be the act of the Board unless the act of a greater number of members of the
Board is required by statute or the Governing Documents.
5.11 Adjourned Meetings. A majority of the members of the Board present
at a meeting, whether or not a quorum exists, may adjourn any meeting of the Board to
another location and time. Notice of any such adjourned meeting shall be given to the
members of the Board who are present at the time of the adjournment, and unless the time
and place of the adjourned meeting are announced at the time of the adjournment, to the
other members of the Board. Any business that might have been transacted at the
57
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meeting as originally called may be transacted at any adjourned meeting without further '
notice.
5.12 Presiding Officer. The presiding officer of the meeting of the Board
shall be the Chairman of the Board if such an officer is elected; and if none, the President
of the Association shall preside if the President is a membe~ of the Board. In.t4e,~b~f~:'te
of the presiding officer, the members of the Board shall designate one oftheit~~&iri~~~s to
preside.
5.13 Minutes of the Meeting. The minutes of all meetings of the Board
shall be kept in a book available for inspection by the Members or the members of the
Board.
5.14 Committees. The Board may, by resolution, appoint committees. Any
committee may exercise such powers, duties and functions as may be determined by the
Board that may include any powers that may be exercised by the Board.
5.15 Resignation. Any member of the Board may resign at any time by
giving written notice of his resignation to the Secretary. Any resignation shall take effect
at the time specified therein or, if the time when such resignation is to become effective is
not specified therein, immediately upon its receipt. Unless otherwise specified therein,
the acceptance of a resignation shall not be necessary to make it effective.
5.16 Removal of Members of the Board. Members of the Board may be
removed as follows:
5.16.1 Any member of the Board other than a member appointed by
the Developer may be removed by majority vote of the remaining members of the Board
if such member has been absent for the last three consecutive Board meetings, and/or
adjournments and continuances of such meetings.
5.16.2 Any member of the Board other than a member appointed by
the Developer may be removed with or without cause by a majority of the votes the
Members cast a Special Meeting of the Members called by Members having not less than
twenty-five percent (25%) of the votes of the entire membership expressly for that
purpose. The vacancy on the Board caused by any such removal may be filled by the
Members at such meeting or, if the Members, shall fail to fill such vacancy, by the Board
as in the case of any other vacancy on the Board.
5.17 Vacancies. Vacancies on the Board of any member of the Board
appointed by the Developer shall be filled by appointment by the Developer. Unless the
vacancy is filled by the Members in accordance with Subsection 5.16.2, vacancies on the
Board of any member of the Board elected by Members may be filled by a majority vote
of the members of the Board then in office, though less than a quorum, or by a sole
58
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remaining member of the Board. If there are no members of the Board in office, then a .
special election shall be held to elect members of the Board to fill the vacancies.
5.18 Members of the Board Appointed by the Developer. Notwithstanding
anything contained herein to the contrary, the Developer shall always have the right to
appoint the maximum number of members of the Board in accordance with the privileges
granted to the Developer pursuant to the Articles. All members of the Board appointed
by the Developer shall serve at the pleasure of the Developer, and the Developer shall
have the absolute right, at any time, and ip its sole discretion, to remove any member of
the Board appointed by him, and to replace such member with another Person to serve on
the Board. Replacement of any member of the Board appointed by the Developer shall
be made by written notice to the Association which shall specify the name of the Person
designated as successor member of the Board. The removal of any member of the Board
and the designation of his successor by the Developer shall become effective immediately
upon delivery of such written notice by the Developer. The Developer may waive its
right to appoint one or more members of the Board which it has the right to appoint at
any time upon written notice to the Association, and thereafter such member(s) of the
Board shall be elected by the Members.
5.19 Compensation. The Board shall not be entitled to any compensation
unless the Members elect to pay them compensation and set the amount of such
compensation at any meeting of the Members.
5.20 Powers and Duties. The Board shall have the right to exercise all of
the powers and duties of the Association, express or implied, existing under these
Bylaws, the Articles, the Declaration, or as otherwise provided by statute or law. Such
powers and duties of the Board shall include without limitation (except as limited
elsewhere herein), the following:
5.20.1 The operation, care, upkeep and maintenance of the Common
Areas, and any other portion of AVERY PARK determined to be maintained by the
Association. '
5.20.2 The determination of the expenses required for the operation of
the Association.
5.20.3 The collection of Assessments for Common Expenses from
Members required to pay same.
5.20.4 The employment and dismissal of personnel.
5.20.5 The adoption and amendment of Rules and Regulations
covering the details of the operation and use of property owned and/or maintained by the
Association.
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5.20.6 Maintaining bank accounts on behalf of the Association and'
designation signatories required therefor.
5.30.7 Obtaining and reviewing insurance for property owned and/or
maintained by the Association.
5.20.8 The making of repairs, additions and improvements to, or
alterations of, property owned and/or maintained by the Association.
"
5.20.9 Borrowing money on behalf of the Association, provided
however, that the consent of the Members having at least two-thirds (2/3) of the votes of
the entire membership obtained at a meeting duly called and held for such purpose in
accordance with the provisions of thes'e Bylaws, shall be required for the borrowing of
any sum in excess of Twenty-Five Thousand and Noll 00 Dollars ($25,000.00).
5.20.10 Contracting for the management and maintenance of property
owned and/or maintained by the Association. Authorizing a management agent or
company to assist the Association in carrying out its powers and duties by performing
such functions as the submission of proposals, collection of Assessments, preparation of
records, enforcement of rules, and maintenance, repair and replacement of the Common
Areas with such funds as shall be available by the Association for such purposes. The
Association and its Officers shall, however, retain at all times the powers and duties
granted by all Governing Documents, including but not limited to, the making of
Assessments, promulgation of rules, and execution of contracts on behalf of the
Association.
5.20.11 Exercising all powers specifically set forth in Governing
Documents, and as otherwise provided by statute or law, and all powers incidental thereto
or implied therefrom.
5.20.12 Entering into and upon any portion of the Property, including
the Lot(s), when necessary to maintain, care and preserve any property in the event the
respective Owner fails to do so.
5.20.13 Collecting delinquent Assessments, by suit or otherwise,
abating nuisances, and enjoining, or seeking damages from the Members and/or Owners
for violations of these Bylaws and the terms and conditions of the Declaration or of the
Rules and Regulations of the Association.
5.20.14 Acquiring and entering into agreements whereby the
Association acquires leaseholds, membership, and other possessors or use interests in
lands or facilities, whether or not contiguous to the lands operated by the Association,
intended to provide for the enjoyment, recreation, or other use and benefit of the
Members and/or Owners, and declaring expenses in connection therewith to be Common
Expenses; all in such form and in such manner as may be deemed by the Board to be in
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the best interest of the Association; and the participation in the acquisition of any interest .
in lands or facilities for the foregoing purposes may be direct or indirect, meaning,
without limiting the generality of the foregoing, by direct ownership of land or
acquisition of stock in a corporation owning land.
6.
OFFICERS.
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6.1 Positions and Qualifications: The Officers of the Association shall
include a President, a Vice President, a Treasurer and a Secretary, ,all of whom shall be
elected by the Board and may be pre-emptively removed from office with or without
cause by vote of the Board at any me~ting by concurrence of a majority of the members
of the Board. Any Person may hold two or more offices except that the President shall
not also be the Secretary. The Board may, from time, elect such other officers and
designate their powers and duties as the Board shall find to be appropriate to manage the
affairs of the Association. Each Officer shall hold office until his successor shall have
been elected, qualified, or until his death, resignation, or removal.
6.2 Resignation. Any Officer of the Association may resign at any time by
giving written notice of his resignation to any member of the Board, the President or the
Secretary. Any resignation shall take effect at the time specified therein, or if there is no
time specified therein, immediately upon its receipt; and unless otherwise specified
therein, the acceptance of such resignation shall not be necessary to make resignation
effective.
6.3 Vacancies. A vacancy in any office, whether arlsrng from death,
resignation, removal or any other cause, may be filled for the unexpired portion of the
term of the office that shall be vacant in the manner prescribed in these Bylaws for the
regular election or appointment of such office.
6.4 The President. The President shall be the chief executive officer of the
Association. He shall have all of the powers and duties that are usually vested in the
office of president of an association or corporation including, but not limited to, the
power to appoint committees to assist in the conduct of the affairs of the Association.
6.5 The Vice President. The Vice President shall, in the absence or
disability of the President, exercise the powers and perform the duties of the President.
He shall also assist the President generally and exercise such other powers and perform
such duties as may be prescribed by the Board.
6.6 The Secretary. The Secretary shall be responsible for preparing and
keeping the minutes of all proceedings of the Board and the Members. He shall be
responsible for attending to the giving and serving of all notices to the Members and the
members of the Board and other notices required by law. He shall have custody of the
seal of the Association and affix the same to instruments requiring a seal.' He shall keep
records of the Association, except those of the Treasurer, and shall perform or direct
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performance of all other duties incident to the office of Secretary of the Association, and .
as may be required by the Board to the President.
6.7 The Treasurer. The Treasurer shall have custody of all property of the
Association, including funds, securities, and evidences of indebtedness. He shall oversee
the keeping of the books of account for the Association in accordance with good
accounting practices, which, together with substantiating papers, shall be made available
to the Board for examination at reasonable times. He shall cause a Treasurer's Report to
be submitted to the Board at reasonable intervals and shall perform or cause to be
performed all other duties incidental to the office of Treasurer. He shall collect, or direct
collection of, all Assessments and shall report promptly to the Board the status of
collections.
.:"j",
6.8 Compensation. The Officers of the Association shall not be entitled to
compensation unless the Board specifically votes to compensate them. However, neither
this provision, nor the provision that members of the Board will not be compensated
unless otherwise determined by the Members, shall preclude the Board from employing a
member of the Board or an Officer as an employee of the Association and compensating
such employee. Nor shall they preclude the Association from contracting with a member
of the Board for the management of the Common Property or any portion thereof, or for
the provisions of services to the Association, including, but not limited to, engineering,
architectural planning, landscape planning, accounting or legal services, and in either
such event to pay such member of the Board a reasonable fee for such management or
provision of services.
7. FINANCES AND ASSESSMENTS.
7.1 Adoption ofthe Budget.
7.1.1 By October 31st each year, or as soon thereafter as is
reasonably possible, the Board shall adopt a budget for the next fiscal year, necessary to
defray the Common Expenses of the Association for such fiscal year as set in ,the
Declaration. The Common Expenses of the Association shall include all expenses of any
kind or nature whatsoever anticipated to be incurred, by the Association for the next
fiscal year. In the event the Board fails to adopt an annual budget for any year, the prior
year's budget shall remain in effect until a new budget is adopted or the existing 'budget is
amended or revised.
7.1.2 If, after the adoption of any budget, it shall appear that the
adopted budget is insufficient to provide adequate funds to defray the Common Expenses
of the Association for the fiscal year in which the adopted budget applies, the Board may
adopt an amended budget to provide such funds. All of the above provisions shall apply
to the Adoption of an amended budget.
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7.2 Assessments and Assessment Roll.
7.2.1 Pursuant to the terms of the Declaration, the Board shall fix
and determine the amount and frequency of the Members' Assessments for Common
Expenses. Such Assessments shall be due not more frequently than monthly, and shall
each be in an amount no less than required to provide funds in advance for payment of all
of the anticipated current operating expenses and for all of the unpaid operating expenses
previously incurred. Any periodic Assessments for Common Expenses, whether
quarterly, monthly, or otherwise, shall be equal unless the Board determines unequal
Assessments are required to provide in advance for the expenses of the Association. As
soon as practicable after the determination of the Assessments for Common Expenses, the
Association shall notify each Member, in writing, of the amount, frequency and due date
of such Members' Assessments, provided, however, that no Assessment shall be due in
less than ten (10) days from the date of such notification.
, 7.2.2 In the event the expenditure of funds by the Association is an
amount that cannot be paid from the Assessments for Common Expenses, the Board may
make Special Assessments in the manner as set out in the Declaration.
7.2.3 The Association shall maintain an Assessment roll for each
Member, designating the name and current mailing address of the Member, the amount of
each Assessment payable by such Member, the dates and amounts in which the
Assessments come due, the amounts paid upon the account of the Member, and the
balance due.
7.3 Depositories. The funds of the Association shall be deposited in such
banks and depositories as may be determined and approved by appropriate resolutions of
the Board from time to time. Funds shall be withdrawn only upon checks and demands
for money signed by such Officers, members of the Board or other Persons as may be
designated by the Board.
7.4 Application of Payments and Commingling of Funds. All sums
collected by the Association from Assessments may be commingled in a single fund or
divided into more than one fund, as determined by the Board. Reserve Funds shall be
deposited in separate interest bearing accounts.
8. PARLIAMENTARY RULES.
8.1 Roberts' Rules of Order (latest edition) shall govern the conduct of the
meetings of the Members when not in conflict with the Governing Documents.
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9. AMENDMENTS.
9.1 Initiation. A Resolution to amend these Bylaws may be proposed by
any member of the Board, or by Members holding not less than ten percent (10%) of the
votes of the entire membership of the Association.
9.2 Notice. Notice of the subject matter of a proposed amendment shall be
included in the notice of any meeting at which a proposed amendment is to be considered.
'.'
9.3 Adoption of Amendments.
9.3.1 Until the Turnover Date, the Developer shall have the sole right
to unilaterally amend these Bylaws without the joinder or approval of any member of the
Board or any Member; provided, however, that the Federal Housing Administration
("FHA") or the Veterans Administration ("V A") shall have the right to veto such
amendments. No amendment to these Bylaws shall be effective without the written
approval of the Developer as long as the Developer owns any portion of the Property.
After the Turnover Date, these Bylaws may be amended at any Regular or Special
Meeting of the Members by a majority vote of the Members.
9.3.2 A Resolution for the adoption of the proposed amendment shall
be adopted by Members having not less than a majority of the votes of the entire
membership of the Association.
9.4 No amendment shall make any change in the qualifications for
membership or in voting rights or property rights of Members without approval of all
Members. So long as the Developer owns any portion of the Property, no amendment
shall make any changes which would in any way affect any of the rights, privileges,
powers or options herein provided in favor of, or reserved to, the Developer unless the
. Developer shall Join in the execution of the amendment.
9.5 Execution and Recording. No modification of, or amendment to, these
Bylaws shall be valid unless recorded in the Public Records of Seminole County, Florida.
10. RULES AND REGULATIONS. The Board may, from time to time, adopt
or amend previously adopted Rules and Regulations concerning the use of the Common
Areas and concerning the use, operation and maintenance of other portions of the
Property in order to further implement and carry out the intent of the Governing
Documents. The Board shall make available to any Member, upon request, a copy of the
Rules and Regulations adopted from time to time by the Board.
II. MISCELLANEOUS.
11.1 Tense and Genders. The use of any gender or of any tense in these
Bylaws shall refer to all genders or to all tenes, wherever the context so requires.
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11.2 Partial Invalidity. Should any of the provisions hereof be void Or'
become unenforceable at law or in equity, the remaining provisions shall, nevertheless, be
and remain in full force and effect.
11.3 Conflicts. In the event of any conflict, any applicable Florida statute,
the Declaration, Articles, and Bylaws, and the Rules and Regulations of the Association
shall govern, in that order.
..:.
11.4 Captions. Captions are inserted herein only as a matter of convenience
and for reference, and in no way are intended to or shall define, limit or describe the
scope of these Bylaws or the intent of any provisions hereof.
11.5 Waiver of ObjectionS. The failure of the Board or any Officer of the
Association to comply with any terms and provisions of the Governing Documents that
relate to time limitations shall not, in and of itself, invalidate the act done or performed.
Any such defect shall be waived if it is not objected to by a Member within thirty (30)
days after the Member is notified, or becomes aware of the defect. Furthermore, if such
defect occurs at a General or Special Meeting, the defect shall be waived as to all
Members that received notice of the meeting and failed to object to such defect at the
meeting.
12. INCORPORATION. The name and street address of the Incorporator is:
Carl H. Cahill
131 Park Lake Street
Orlando, FL 32803
13. INITIAL REGISTERED OFFICE ADDRESS AND NAME OF INITIAL
REGISTERED AGENT. The street address of the Initial Registered Officer of the
Association is 131 Park Lake Street, Orlando, FL 32803. The Initial Registered Agent of
the Association at that address is Carl H. Cahill.
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IN WITNESS WHEREOF, the Incorporate and the Initial Registered Agent have '
executed these Articles.
~f?
C I H.
?-/b/C>!
Date
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NOTARIAL ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me on this ktfb day of ~
2001, by Carl H. Cahill, who is personally known to me _, OR produced
as identifIcation. ~
~~J..~
Notary Public
My Commission Expires:
,,~~~~ Pamella R. FInne
~i..~~"rff MY COMMISSION # 00018196 EXPIRES
,1!;,.....~~' May 6, 2005
"P'f"f;i'" BONDED THI/U 1110'( FAIN INSllRAIla.lHC.
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_. .. '__u_ .... _ _ . _.__ _ ___. ._ _ _.
\
CERTIFICATE DESIGNATION
REGISTERED AGENT FOR
THE SERVICE OF PROCESS WITHIN THIS STATE
Pursuant to Chapter 489, Florida Statutes, the following is submitted in compliance with
said Act:
AVERY PARK HOMEOWNERS' ASSOCIATION, INC., desiring to organize as a
corporation under the laws of the State of Florida, with its principal office at 131 Park
Lake Street, Orlando, Florida 32803, has named Carl H. Cahill, located at the above
Registered Office, as its Registered Agent to accept Service of Process within this state.
ACKNOWLEDGMENT; having been named to accept Service of Process for the above
stated corporation, at place designated in this Certificate, I hereby agree to act in this
.
capacity, and further agree to comply with the provisions of said Act relative to keeping
open said office.
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Date:
'!~/Ot
NOTARIAL ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me on this :<.cJ:fioay o~
2001, by Carl H. Cahill, who is pe~onally known to me _, OR~d
as identification.
~~ R. %~
My Commission Expires:
"'~"""'" Pamella R. Finne
f:f'h.~ MYCOMMISSlONI 00018196 EXPH1ES
~~1! May 6. 2005
',,;r,ir.:.t.-'t-.- BONOED THRU TroY FAIN INSUWICf. 1He.
67
ATTACHMENT B
NOTICE
THIS PLAT. AS RECORDED IN ITS GRAPHIC FO'ill. IS THE OFFICIAL
DEPICTION OF THE SUBOIVIDED LANDS DESCII/BED HEREIN AND
WILL.IN NO CIRCUMST'ANCES. BE SUPPLANTED IN AUTHORITY Sf NiY
O1'HER GRAPHIC OR DIGITAL FORM OF THE ~LAT.
THERE MAY BE ADDITIONAL REST'RICTIONS THAT ARE NOT
RECORDED ON THIS pU.T THAT MAY BE F(J(JND IN THE
PUBLIC RECORDS OF THIS COUNTY.
AVERY
PARK
SHEET IOF 5
A REPlAT OF LOTS 25 THROUGH
THROUGH 64. AND THOSE PORTIONS OF LOTS 37.38.53. 54
TUSKAWILLA ROAD AND VACATED RIGHT-OF-WAY AS RECORDED
SECTION ~ TOWNSIDP 21 SOUTH, RANGE 30 EAST & SECTION 6, TOWNSIDP 21 SOUTH, RANGE
CI'IY OF WINTER SPRINGS SEMINOLE COUNtY, FLORIDA
II SEE SHEET 5 OF 5 FOR.PLAT NOTES II
32, LOTS 39 THROUGH
AND
IN
LEGAL DESCRIPTION
A REPLA T OF LOTS 25 THROUGH 3:' I NCLUS I VE, LOTS 39 THROUGH 48
INCLUSIVE, LOTS 60, 61 AND 64, pi~TIONS OF LOTS 56, 57, 58, 59,
62 AND 63, AND THOSE PORTIONS OF LOTS 37, 38 AND 53 LYING WEST OF
TUSKAWILLA ROAD, AS SHOWN ON D.R. MITCHELL'S SURVEY OF THE LEVY
GRANT, ACCORDING TO THE PLAT THE'lEOF AS RECORDED IN PLAT BOOK 1,
PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, TOGETHER WITH
ALL RIGHTS-OF-WAY LOCATED ADJAC[NT TO THE ABOVE LOTS AS VACATED
BY RESOLUTION RECORDED IN OFFIC'AL RECORDS BOOK 1050, PAGE 401,
PUBLIC RECORDS OF SEMINOLE COUNTt, FLORIDA, LESS THE EAST HALF OF
THE RIGHT-OF-WAY LYING ADJACENT TO LOTS 25 AND 26, SECTION 1,
TOWNSHIP 21 SOUTH, RANGE 30 EI.ST AND SECTION 6, TOWNSHIP 21
SOUTH, RANGE 31 EAST.
LESS AND EXCEPT FROM THE ABOVE T~E FOLLOWING:
THOSE PORTIONS OF LOTS 37, 38 A~D 53 TAKEN FOR ROAD RIGHT-OF-WAY
FOR TUSKAWILLA ROAD DESCRIBED IN ORDER OF TAKING RECORDED IN
OFFICIAL RECORDS BOOK 3603, PAGE 1095, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBEV AS FOLLOWS:
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COMMENCE AT THE SOUTHWEST CORN~R Of LOT 63 AS SAID LOT 63 IS
SHOWN ON D.R.NITCHELL'S SURVEY OF THE LEVY GRANT, ACCOROING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK l,PAGE 5, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIOA; THENCE RUN N87002'40"W ALONG
THE WESTERLY EXTENSION OF THE SOUTHERLY LINE OF SAID LOT 63, A
DISTANCE OF 15.00 FEET FOR A POINT Of BEGINNING; THENCE RUN
N03031'30"E, PARALLEL TO AND 15.00 FEET WESTERLY AT RIGHT ANGLES
TO THE WESTERLY LINE OF SAID LOTS 63, 64, 47, 48, 31 AND 32, A
DISTANCE OF 1440.00 FEET TO A POINT ON THE WESTERLY EXTENSION OF
THE NORTHERLY LINE OF SAID LOT 32; THENCE S81002'40"E ALONG SAID
WESTERLY EXTENSION, THE NORTHERLY LINE OF SAID LOTS 32, 29, 28,
AND 25 AND THE EASTERLY EXTENSlt~ Of THE NORTHERLY LINE OF SAID
LOT 25, A DISTANCE OF 914.11 FEET; THENCE S03031'30"W, PARALLEL
TO AND 15.00 FEE TEAS TERL Y AT R liHT ANGLES TO THE EAS TERL Y LI NE
OF SAID LOTS 25 AND 26, A ['IHANCE OF 480.00 FEET; THENCE
S81002'40"E PARALLEL TO AN~ 1~ fF.ET AT RIGHT ANGLES TO THE
NORTHERLY LINE OF SAID LOTS 40 ~J 37, A DISTANCE OF 387.79 FEET
TO A POINT ON THE WESTERLY-~IGHr-Of~W~Y LINE OF TUSKAWILLA ROAD
AS RECORDED IN OFFICIAL RECORC~ BOOK 3603, PAGE 1095, PUBLIC
RECORDS or SEMINOLE COUNTY, F.ORIDA; THENCE DEPARTING SAID
NORTHERLY LINE, RUN S14006'55"W 'LONG SAID WESTERLY RIGHT-Of-WAY
LINE, A DISTANCE OF 30.90 FEET TO THE POINT O~ CURVATURE OF A
CURVE CONCAVE NORTHWESTERLY, HAVING A CENTRAL ANGLE OF 90000'00"
AND " RADIUS OF 25.00 FEET; THE,'o/CE RUN SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE, A DISTANCE QF 39.21 FEET TO THE POINT OF
TANGENCY; THENCE S75051'05"E, A DISTANCE OF 25.00 FEET TO A POINT
ON THE AFORESAID WESTERLY RIGHT-OF-WAY LINE; THENCE RUN
S14008'55"W ALONG SAID WESTERLY RIGHT-Of-WAY LINE, A DISTANCE OF
80.82 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE RUN
N15051'05"W, A DISTANCE OF 25.0D FEET TO A POINT ON A CURVE
CONCAVE SOUTHWESTERLY, HAVING A C~NTRAL ANGLE OF 90000'00" AND A
RADIUS OF 25.00 FEET; THENCE FROM A TANGENT BEARING OF
S15051'05"E RUN SOUTHEASTERLY A~ONG THE ARC OF SAID CURVE, A
OISTANCE OF 39.27 FEET, TO THE POINT OF TANGENCY ON THE AFORESAID
WESTERLY RIGHT-OF-WAY LINE; THENCE DEPARTING SAID CURVE RUN
S14008'55"W, A DISTANCE OF 18.12 FEET TO THE POINT OF CURVATURE
OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A CENTRAL ANGLE OF
02034'20" AND A RADIUS OF 5781.5'3 FEET; THENCE RUN SOUTHWESTERLY
ALONG SAID WESTERLY RIGHT-OF-WAY ~INE AND THE ARC OF SAID CURVE A
DISTANCE OF 259.57 FEET; THENCE DEPARTING SAID CURVE AND SAID
WESTERLY RIGHT-OF-WAY LINE, RUN S20020'33"W, A DISTANCE OF 64.52
FEET; THENCE S45038'29"W, A DISTANCE OF 59.63 FEET; THENCE
S71030'38"W, A DISTANCE OF 48.60 FEET; THENCE N75028'56"W, A
DISTANCE OF 27.98 FEET; THENCE N54016'32"W, A DISTANCE OF 44.31
FEET; THENCE S44013'12"W, A DISTANCE Of 18.82 FEET; THENCE
S51018'33"W, A DISTANCE OF 345.75 FEET; THENCE S86031'22"W, A
DISTANCE OF 82.36 FEET; THENCE N62037'17"W, A DISTANCE OF 63.47
FEET; THENCE S76027'41"W, A DISTANCE OF 62.38 FEET; THENCE
N84034'12"W, A DISTANCE OF 83.22 FEET; THENCE S76044'49"W, A
DISTANCE OF 45.06 FEET; THENCE N8101S'Z8"W, A DISTANCE OF 49.25
FEET; THENCE S85001'56"W, A DISTANCE OF 48.02 FEET; THENCE
S52042'01"W, A DISTANCE OF 67.33 FEET; THENCE S80017'21"W, A
DISTANCE OF 52.69 FEET; THENCE S03021'55"W, A DISTANCE Of 23.12
FEET; THENCE S69034'23"W, A DISTANCE OF 95.27 FEET; THENCE
N8z016'34"W, A DISTANCE OF 77.56 FEET; THENCE S84055'50"W, A
DISTANCE OF 75.60 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID
LOT 63; THENCE S02051'20"W, A DISTANCE OF 15.00 FEET; THENCE
N87002'40"W, A DISTANCE OF 77.32 FEET; THENCE N03037'30"E, A
DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING.
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CONTAINING 34.644 ACRES MORE OR ~ESS.
BoWYERSlNGLETON
& ASSOCIATES, INCORPORATED
."'..H'_ . ......... . _."~I" . ..",......,A&.
~20 SOUTH MAGNOLIA AVENUE I ORL1oNOO. FLORIOA 32801
407'84J'~120 . FAX 407-6411'88M
CERTIFICATE or AUTHORIZA~ION NO. LB 1221
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AND ALSO: (TRACT K)
THAT PORTION OF LOTS 53, 54, 55, 56, 58, 59, 62, 63 AND THOSE
UNIMPROVED RIGHT-OF-WAYS LYING BETWEEN LOTS 55 AND 58, LOTS 59
AND 62 AND THE NORTH 1/2 OF THAT 30' VACATED RIGHT OF WAY LYING
SOUTHERLY OF LOTS 55, 58, 59, 62 AND 63, D.R. MITCHE~L'S SURVEY
OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK " PAGE 5 OF THE PUBLIC RECORDS OF SEMINOlE COUNTY,
FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE AFOREMENTIONED LOT 63;
THENCE RUN S87002'40"E, ALONG THE SOUTH LINE OF LOT 63, A
DISTANCE OF 62.14 FEET TO THE POINT OF BEGINNING; THENCE
DEPARTING SAID SOUTH LINE RUN S02057'20"W, A DISTANCE OF 15.02
FEET TO THE CENTERL INE OF A 30' UNIMPROVED RIGHT ('F WAY VACATED
IN OFFICIAL RECORDS BOOK 4112, PAGE 0597 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA; THENCE RUN S87002'40"E ALONG SAID
CENTERLINE A DISTANCE OF 1129.20 FEET TO THE WESTERLY RIGHT-OF-
WAY OF TUSKAWILLA ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK
3603, PAGE 1095 OF THE PUBLIC RECORDS OF SEMINIOLE COUNTY,
FLORIDA; SAID POINT LYING ON A CURVE CONCAVE NORTHWESTERLY HAVING
THE FOLLOWING ELEMENTS: A RADIUS OF 5677.58 FEET, A CENTRAL ANGLE
OF 03042'36", A CHORD LENGTH OF 367.57 FEET AND A CHIORD BEARING
OF NORTH 12013'06" EAST; THENCE FRON A TANGENT BEARING OF
N14004'24"E, RUN NORTHEASTERLY ALONG SAID RIGHT OF ~AY AND THE
ARC OF SAID CURVE A DISTANCE OF 367.64 FEET TO THE POINT OF
REVERSE CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY HAVING THE
FOLLOWING ELEMENTS: A RADIUS OF 5781.58 FEET, A CENTR:AL ANGLE OF
01012' 46", A CHORD LENGTH OF 122.38 FEE T AND A CHOPDI BEAR I NG OF
Nl0058'II"E; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CuRvE
A DISTANCE OF 122.38 FEET; THENCE DEPARTING SAID CU~VE AND RIGHT
OF WAY LINE RUN S20020'33"W, A DISTANCE OF 64.52 FEET; THENCE RUN
S45038'29"W, A DISTANCE OF 59.63 FEET; THENCE RUN S71030'36"W, A
DISTANCE OF 48.60 FEET; THENCE RUN N75028'S6"W, A DISTANCE OF
27.98 FEET; THENCE RUN N54016'32"W, A DISTANCE OF 44.31 FEET;
THENCE RUN S44013'12"W, A DISTANCE OF 18.82 FEET; THENCE RUN
S51018'33"W, A DISTANCE OF 345.75 FEET; THENCE RUN S~6031'22"W, A
DISTANCE OF 82.36 FEET; THENCE RUN N62037"7"W, A DISTANCE OF
63.47 FEET; THENCE RUN S76027'47"W, A DISTANCE OF 62.38 FEET;
THENCE RUN N84034'12"W, A DISTANCE OF 83.22 FEET; THENCE RUN
S16044'49"W, A DISTANCE OF 45.06 FEET; THENCE RUN N81 018'28"W, A
DISTANCE OF 49.25 FEET; THENCE RUN S85001'56"W, A DISTANCE OF
48.02 FEET, THENCE RUN S52042'01"W, A DISTANCE OF 67.33 FEET,
THENCE RUN S80011'21"W, A DISTANCE OF 52.69 FEET; THENCE RUN
S03027'55"W, A DISTANCE OF 23.12 FEET; THENCE RUN Sfi~034'23"W, A
DISTANCE OF 95.27 FEET; THENCE RUN N82016'34"W, A DISTANCE OF
77.56 FEET; THENCE RUN S8405S'SO"W, A OISTANCF OF :~.60 FEET TO
THE POINT OF BEGINNING.
CONTAINING 4.569 ACRES, MORE OR LESS.
TOTAL ACREAGE: 39.413 ACRES, MORE OR LESS.
JOINDER AND CONSENT TO DEDICATION
The undersloned hereby certIfies that It Is the hOld.er of 0
mortoooe. I I en or other enculTbrance upon the above dlescr I bea
property. ond that the undersloned hereby JoIns In alna consents to
the dedIcatIon of the lands descrIbed above by the o,wner thereof.
ond aorees that Its mortoaoe. I I en ,pr ~.1her encuf'lt)rolnce. whl ch Is
recorded In OffIcial Records Book ~l~:l Paoe ...~iLl
of the PublIc Records of SemInole County. FlorIda shal I be
subordInated to the above dedIcation.
PEOPL~ COt.MJNITY:~ ~ /~
.'4~~"~~'~~"""""""
Slonea. sealed and ael Ivered In
the presenc;..~l /f2
{ ~.~fi~
fZJofh. ~~ness
~.f!!'1...~
'''~ItIE M. D8'4'",.i-w-"t~~-
State of FIf(lqQ J ~
County of ~"HIIIQ.~
The ~~~nll..r~ument was ~owl ea~d bj}"for, ~ ti'lj ..1.. day
of .,.It !:J1n1~~.,. .2002 by .. ((IANAI-Q . .~, .,...'.JI!I.('f. . . . . . . . . . . .
He Is p-ers nol and dl;';' toke on ootth.
Notary~'c .,. ~&...U9~~o<:'
- .
. . . ,J."o, 1. .Il: ... . . . .. ...~..... (pr I nt nome) ,
My Corrmlsslon EXPlres.<':k74?~. /.?. .~.tl;O~
COrrmlsslon No.(!e..1~~.'l~I....
-
J_ ...., ~ '
",>;:. "~,',
. ' ,.'..,.
: f ~
.'I.....Jlf..
,,,,,,,,
.JSJY A.1lCMEA8
EXPIRES: Ottlber 19, 2004
llondo< T.... ~..... u_
48. I.OTS 56
55. LYING WEST Of"
PlAT BOOK 1. PAGE 50
31 EASTo
DEDICATION
AVERY PAR,I(
This is to certify that the unaersioned, AvERy PMHK, LLC,
(hereinafter referred to as "Lawful Owner") is the la..rul owner
of the lands describea in the caption therein, less TroGt K, and
Tuskawi 110 Office Pork, LLC, (hereinafter referred to 05 "Lawful
Owner") i::. the I owtu I owner ot Ir o(.t K ot the lonO::. <.Ie"" itJ,"J ill
the coption therein and that it has caused the lands nescribed
hereon to be surveyed and th i s P I at, ent i tI ed Avery Park. is
hereby adopted os 0 true and correct plot of said lanas. AI I of
the streets and easements shown on this plot ore not re.uirea for
pub I ic use and such streets and easements ore not and w: I I not be
a port of the County system of pub I ic roadS, unless otherwise
noted. Provided however, the uti I ity easements shown ~ereon as
well os a perpetual non-exclusive uti I ity, drainaoe al1d access
easements over ond under Tracts A, B, C, 0, E, F, ana J, Shawn
hereon are hereby dedicated to the City of Winter Sprinos,
however, dedication of said easements shal I not be con3trued os
creating on obi ioation upon the City of Winter Sprinos ~o perform
construction or maintenance within such dedicated areas, and said
streets and easements shal I remain private and the sole and
exclusive property of the Lawful Owner, and it does her.by grant
to the present and future owner s of adj acent lands 'lnd the i r
ouests, invitees ana domestic help, and to del ivery, p (.kup ana
fire protection services, police ana other outheriti",;, at the
Unitea :>tates postal service moi I carriers, represent'J1 ives at
uti I ities authorized by the Lawful Owner, to serve tne 'on<.l ShOwn
on this plat, holders of mortoooe I iens on such lands and such
other persons os the LawfUl Owner from time to time may
designate, the non-exclusive and perpetual riOht of inQress and
eoress over and across said streets ond easements. ReoordlBss of
the precedino provisions, the Lawful Owner rese"ves the
unrestricted and absolute riOht to deny the riOht of il1~ress to
SITE LOCATION
21M/11OJLl" CO.II/frY
CJtflllllft.~~..,
SR. 434
"
-')
8
~+
<1?>
"
,
MtIT' TO SCMl
CIlY SURVEYOR
I HAVE REVIEWED THIS PLAT AND FIND IT TO BE IN I ONFORMI II
WITH CHAPTER 177 OF THE FLORIDA STATUTES.
--- ~-t-~- --- ----------------
Cfij}i~ F. I 'AN &J / sE
FLORIDA REGISTRATION R 3517
CITY SURVEYOR FOR THE CITY OF WINTER SPRINGS, rlORIDA
JOINDER AND CONSENT TO DEDICATION
The undersIgned hereby certifIes thot It Is the holder of 0
mortoooe. lIen or other encumbronce upon the above descrIbed
property. and that the unders10ned hereby Joins In and consents '0
the dedIcation of the lands descrIbed above by the owner thereof.
and aorees that Its mortoooe. lien or other enculr~e. whIch Is
recorded I n Off I cIa I Records Book 4t".... Paoe . J ..-1.
of the PublIc Records of Seminole County. FlorIda shal I be
subordInated to the above dedication.
SUN TRUST B~~ ~
.'d'~'~~~~;,"" 'fiR;r' V.l:.....
Sloned. sealed and delIvered In the presence of.
./.~. .. ~.)
W tness G^'
M #II j ~ S -.ne..1I~ '%.
Stote of FlorJdo
County of ~~.~~,
'JIT!
:~e ;r~~~~j;.~~~~; ~~s .~~~~~e~~~~. .t.h.I.S. ...... ........ .j~.y.
~I~S~ to me and dId not take an oath.
.,,_ ~~~..? ..a~
Notary PublIc ...i!oI...~~~~.P~~~..~.~
.l?~H.I.!!t!~. .~If.~P~~ . . . (pr I nt
nome>
])4t!. .. ,;J tJlJU
My Corrml ssl on Expl res....... .....~...........
C!le ~'r"'r.r
COIllllI ss I on No...................
o -.Q.' ~'" .,
~[)p . 103 2Ol)I
PIA'T
BOOK
PAGE
DEDICATION
AVERY PARK
any person whO, in the opinion of the Lawful Owner, may creote or
participate in (] rlistlJrt>ance r-r a nuisancfl (y'. <In/ r'<lrt r.t tr,A
Innl1 '.tHIWlI '"I 'hi', l,t'lt.
IN WITNESS WHEREOF, Aver-y Par.... LLC, or ,,1 lu~hJ..ill'J iJtf,..u
Pork, LLC, have cousea these presents to Ce sionea ana ottestea
to or witnessed by tne officers namea below ~nd its sPfporate
sea I r.-.t't. De off i .ea "'eretO on tn is. . ?f:.1F.1f . . . aoy
of. ./. . r:;o: . . . . . . . ::002.
:VE~?li', ~,
f. ~ y , .
~~',111 . at.\ II. Prfl:;ioent - .1. .'t:t..-, p.
. 'lm,,11u ~ filiI,'
,.., "I"'J. f LtXllf1.' I~S
Slonea ana ::.ealea.'n the pre~7 oJ. -! '.~"'~'
d'd&4t_adJ/~-~.....___
~a~h, A. vJi' k'ln.s ~N~A.' I<IN-f
STATE OF FLORIDA COUNTY ~/SEpOLE
THIS IS TO CERTIFY. That ()(\ .~1..~~........ t.efore me,
personally appeared:
Carl H. Cahi I I, President
of the above named corporation, who did not ta~e on oatn ana
and whu is per sona I I Y known toy me to be the i nd i., i aua I ..r,o
executed tne foreooing Dedication ana OCknowleaoea the
execution thereof to be his free oct ana aeea as SuCh
i nd i v i duo I .
IN WITNESS WHEREOF, I have hereunto set my hona and seal on
)1' above.. d:te.
~_R -~lvmn''':;'~t~~''~:;li){;;Ip5'
NOTARY PuBL I C "~....
By.
Sara Bierly, As Attorn In Fact for
Wi I laim Barrett, President
S I CJnea ana sea I eo I n the "resence of. U . J )
~~52&~'..,/!}.~~.
A"ATNI A. SJoJI6~Ji~ K~A.Itj
STATE OF FLORIDA COUNTy OF SEMINOLE
THIS IS TO CERIIFr, That on ~~/~'~'~'~'u.(. tJ,;tore ~,
personoll y oppearea: rP. A/ /C;>.t..-
Sonara Bierly, AS Attorney In Fa.:t for
lIIIi II iam Barrelt, Pre::. i a",nt vi WI' H.,<_,
(It t tlt't
[),I ,II.L .E
....
OD()VH n'lmed (,nr-vO'-,Jt i,_)fl, wt.(1 dil..J not t'll-t'i <lrl ("1ft, ')/1.1
and ..no i ~ Coer sona I I Y known toj me to be tr,e i nc:l i , i aua I who
executed the foreQo i no Dea i cot i on and oc~now I eaoed tr,e
execution thereof to be nis free oct and deea as SUCh
i nd i v i duo I .
'r'.~O'IU~ll und ~ol~ Mt".,t'l'j
IN WI TNESS WHEREOF, I have hereunto set my hand ana seol on
G~l~ M, CO~""OO ,.w",,5/rl
NOTARy PUBLIC
CERTIFICATE OF SURVEYOR
KNOW ALL WEN By THESE PRESENTS, That the unaer~ionea,
beino 0 licensea ana reoisterea lona surveyor, aces
herebJ certify that She completea the ::.urvey ot the
I ul h.J~ u~ ~flu..,n i II t t ,., t VI tt\Jo j n<J '"' I \J t ; It u..Jt ~U i I.J ~ I uti::. u
correct representation of the lanas therein aescribea ana
tnot said plot was preporea under "'er airection ana
supervisionj an<.l t,.,ol t,.,ls plot Compl ies ..it" 011 at t"e
survey requirements OS required by Chapter 177. FI~ida
Statutes; ana tnot soi,1 land is located c.q,y . of .I(lter
'-If,r in\,)~., ',Amin(llo 1,(IIIJntj, Ilor-ida. , ,
S'Qnaturel><:t_~_~
SANDRA V. BAILEY
Bo..yer-SinQleton & Associates,
520 South Mognol;o Avenue
Orlonao, Florido 32801
Certification of Authorizotion No.
,'. ,-) "j " .(
DQ~.: --1:- 4~~-J f '~ ;
I , " . . J..... .
Inc. ;'.llot'ot"'~""I.!I"Ot'IOf)')
~~. ~72 /
, '1 .~: ,1./'
LB122l I ,.~, I
.......' ~ . ;.',
CERTo.'ICATE OF APPROVAL
BY MUNlCIPAUIY
THIS IS TO CERTIFI, That on tne foreQoinQ plot ..as
approved by the WInter Sprlnos CIty CommissIon of Seminole
County, Floriaa.
Mayor
A t I AS t : -
l.1 I ill e,.
CERTIFICATE OF APPROVAL
CLERK OF THE CIRCUIT COURT
HEREBy CERTIFy. That I hove examIned the foreoolno plat ond
find that It compiles In form ..Ith 01 I the requirements ot
Chopter 177, F lor i do Stotutes, and ....os f i I ed for record on
_ at _ FIle No.
>-
Cler~ of the Circuit Court
in and for Seminole County, Florida
By. _ _ _. _ _ _.. ... _ . _ _ , ". _ _ _ _.., _ D. C.
FORItI 4S
"'DGN"
REVMLO~_
A REPlAT OF LOTS 25 THROUGH 32. LOTS 39 THROUGH 48. LOTS 56
THROUGH 64. AND TIlOSE PORTIONS OF LOTS 37.38.53. 54 AND 55. LYING WEST OF
ruSKAwnLA ROAD AND VACATED RIGIIT-OF-WAY AS RECORDED IN PLAT BOOK 1. PAGE 5.
SECTION L TOWNSIDP 21 SOUlll. RANGE 30 EAST & SECTION 6. TOWNSIDP 21 SOlITH. RANGE 31 EAST.
r - - - - - - - - _ _ _ _ ~ _ ~~ _ ~ SPRINGS SEMINOLE COUNTY. FLORIDA
---------------------
-------
,
, TR.lCT F ,l{XFSS , sar02'4O'E 97-f.77' - - - - - - - - - - - - - -
,( ( '" , TRN::T E NXESS
, 33 I 34 ') ( "" r TR.lCT D NXESS
! 1 _ j I' 55 I 56 ~,( 77
' f./TIL ESMT - , T I I' , I
! ! 32 , 35 " 54 I T I
, , I I I 57 I I 76
, I 3/ I ~- I "f./TIL ESIIT
, , '36 I 112JXY I .J.- - - - -
, L, _ __ ,I 1 53 , 58 I I -
I f./TIL ESIIT' 75
, , , , / - .J 1
, , 30 , 37 I I 52 'f./TIL ESMT '11 T
, I I ! 59 I'
: , 29 , 38 T I '
I L I I' 5/ Ji .'
"""- _ f./TIL ESIIT 1 L 60 1\
: , f./TIL ESIIT...... j - ....... - - - ! Ii!
, }., 28 ' ~ 39 A ~ f./TIL ESIIT
: I ) , ~ ! , 'l 50 ! 6/ Ia , I ~
I '27' :'IT I~ I ~ ,~ I I ~ 72
,~~ ! ~ 40 ~" ~ 49 ' ~ ;-r ~
, II) ';z- f./TIL ES';:==-.::J ~ I J ~ , ~ 62 ~'I ~
, ~, I ~;) . ~ _ I ~Q
: ~ I, ~ 26 I' ~ 4/ ~,' " ~ 48 18 f./TIL ESMT -....., ,
'I I. I ~ 25 ' ~ Q I Q l(, 70
... I Q I ' II i ~ 63 I L UTIL ESIIT
j ~ ~T - ,,42, I 47 j -=.=1 r:..=-
,~ f./TIL ESIIT - ""- _ _ _ ' 64 12.00' I I 69
, ~ I 24 ' ., I I ., ~
! l...=- ! ~ 43 : : ;IL ESIIT j ~ 65 T I tJrIL-;SMT--
, '21.1)0' 23 I ~ ~" 68
, lL _ ' 44 !, I 45 j ~ I I
; I I./'rIL ESIIT - ! DRN UTIL E.C:ur J ........1Jft/L lllJi...&!iJt.T I 66 67
I I 22 1'- TRACT E .lCCESS I J ~RN I./T'i1L ESIIT
; I I ~ DR; I./'rIL ES~=.7 t- , ; """ _ to- T~T D ACCESS -
I I 2/ I I I DRN In"IL ESIo'r::::.-r- 1--__'\
; Lt i /7 /6 /5 ~I '
I I UTIL ESIIT -- , /4 /3,.,j1 i
, I 20 ! s, '
i . ~;N ~~E:.~l__. _. _ _. _. _. _. _. _. gl.l. _. _.
.~- S8{.'~~~"\. -- ~~ AVERY. LAKE -ORNE' - -TRC J'- -
~ ~ ~:- ESMT ~ ~ 587"02'4O'E 965.86'
~ ~ ~~ ,.. -
Q a ~ ~t) a 10 /8 ~ ~ UATCH UNE SEE SHEETS 3 & -f OF 5
I ~, ~ ~4 ~ ~
~~ I ~ ~
~ li !:i ~ ~ ""
g s ~ I ~ ~ ~ N?6".ee-O?
= ~ 11;: I ~ ~ ........ 61.'11" 'W 'Z.
d II CII I ~ -4H' ~
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l!s J ~ ~ , ~1 ,,;6 ~s1'~ A~ ~ ~-l
Q, ~ l ~ , ~O lOP 6511'gg .0
~ i), s AP 4
~~l!s3 I .-,.-..~ ~_.
i WI ~ ~ I ./ . ' l~ ~ . " . ,
l!s I ~ I /.' I N8rI4'/9W.....,94.43'
I~ I ,,~ i ",
l!s ,: ~ ;,/ i! ~,.; \,
~ ,I ~ ~ '
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i ./ ~ ~ ~: ~ u '.
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, ,/ ~ $\ \:/t.1 SIJ7'02'4O'E S84'55'S(]'W
, lu \ ~ r-+-...- J ~ 62J<I' -... 15>>0'
"i-lfe \ ~ I ,- ---------
I ,.. ~ ~ '. ~ R, ....._ 77 032' ~ SOflfxFw II;;;' __ /
",/ ~ ~ \ i ~ L S81W4t1E IItJ4!J/1 NR f--
- - - - 56"W A'4g'W . "1'41"'" ~6'~
, , - - - - _ _ 585'0/' rr f54~ 516" 11.8' "J',>.
,/l, ~ ~ \. DETNL - - - - - , iB'02'........ 51 45{)6'... 6Z..... --a. 6'.,t /'>).1..
~ a ~ . , NOT TO SCALE 'I9.25'~ 83.22: ....... ',r,>.
'," ~~ -~ ~ " '-" '- 58(J!!'~.~O~ N8rI8'28"W N84"34'12W .... s::~'~2"W
~' ON \. ,,_ .5~~iA
, ~ ~ 10 \ . . - . , ".,~,..: . 4)
(I) .,A " f' -----...
~ ( l S84"5~'5aw N82'16'34'WS6~.rf5.1J.. 503'27'55W 23J2'
I ~ 7!J..6O' ~ 77 I':L', .... CENTERUNE 3DDO'
... I 00J0 .
~.~~ 77 .32'~- ~r:-'~~~ ~VACATED R/W :so- PLATTED R/W (NOT IIIPRC/oIEDJ
~ '- .\.. c: . ' GINNING (AND AL~O) VN::ATED PER OR 4112. PG 0591}
~ t.. - - -L ~0Z'57'2O"W 1/29.20' ~
~ ~ - - - - 7.'-=-~_..I~.DO' --
b ~ '-" - - - .-' . ,..- - - - - - - - - - - \: - - - - - - = - = = SS:~~EA :",,~ :~ . D OF THE DAllrrcHTh
i~ ON( FOREST" UNrr SEVEN PORTION OF wr 7~ D.RMrrCHEU.:S SIIRvEY - SlINEY OF THE ItIOSES E.LEVY GRANT.
PLAT 8001< :J9.PNJES 16-17 OF THE LEVY GRANT PER P"'P """'~ SEMIHOLE COIJIITY.Fl./JRJDA
....... ......". I.PIIGE 5
VIL.UGE OF NORTH ORUNDO FLORIDA
PLAT 800/( IJ.PNJES 41-.2
~
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VACATION
OR. 4105
PAGE 298
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T I O.R.4/12 PG.591
::T ~ 22 " I
I ~ - - - - - - - Ser02'4UE 387.79' - _ _ _ _ _ _ _..I' SI4'08'5S'W
Y TR.lCT C f .lCCESS W 30.90'
~ _ TRACT A / /
--:/""-.. DRN 'riTIL EC"MTJ- LANDSCAPE/OPEN SPACE . C4
( I- - - ~-- - -;;:..." _ _ PC I / Delta. 9(T()()'()()'
I / S-SYO::,-c . , Rod/us. 25JXJ'
I / ^ 21:tnt')l -!:..T7"~ I I Arc. 39B'
7 ~. .- ~ q, 1<:).
I 6 5 4 3 2 / ~ / - N75'5/'05 . . _/~ ~ ~/~ /
r-ORN f./TIL E lIT. ~~/ ~POCJ ~ g~:a /
I ,--s...:--. ,~. CS
, ~~ /
/ urlL ESIrIT .. _ / Delta. 9CJ"00'()(),"
~ / PT 'rJ~ I Roo/us · 2SDO'
- - - - _ _ _ .- - TRACT G ~ . .' ArC. 39B'
. - 6i;~, RECREATION!i) ~ I / TB. S7!t5I'05-E
" '- OPEN SP~E & ~ I 0 ' ~
'- PC it\: /~/~~
09'15"11 Go' TRAC T J ... . ~. ~ if
srr;6's .J'~ ~ '- UFT STAT/ON (Ij / ~ /!4J ~
~ ~ ~ ~~'- '~'~
~ J ~ ~-ro.: o.~-r. ~ .' ~.' Q. .;
f? .~ ~ ~ / f / ~ ~
~~ ~ ~-r .~.~<::i
~ 'v ""'fs' 1'- / ~ / ': t-.
IP~ ~ ,.., ~-<. I'^ 'Q... I;S)~ ." ' a ~
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.1) 1 ~ /Y r... ~'i.J..\ ~ :-... ') ~ . CI ~
C;,~~ 6fkP..s~ ~ _(~v ~'" <-- (j
"'.s~~_ 0 'r:; Q N30'24'55-w./ Delta · 02'3-f'2O'
51g38'/5"W JP'i~s~ O\.,s. ~ 6O.DO' Rod/us · 5781.58'
~o:>O' sffl'/) \S~ NOO'OB'I3"E __ Arc · 259.57'
51.09' I /
N82".3'1'46W ~~o C.3;---;,/POC ; ;
~~1~ '.
tl\ ~ S45'38'29"W ~ ~ 'ae';a . Orl2'~~-
s". 59.63' Vj , ,.g
/6'J. "" J / RadIus · 5781.58'
~~~Js- 48;l1 /; Arc · /22.38'
C~ r 30' 3(1"11 ~IPRC ,.'
N75'28'56"W / I
.
27.98' ,.
J / ·
. /
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AVERY
PARK
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74
73
~
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84
~
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~
~
86
87
/2
/I
/0
9
8
TRJCT 8
RETENTION
PERMANENT PERPETUAL ACCESS AND
DRAINAGE EASEMENT PER ORDER OF TAKING
RECORDED IN OR.BOOK 3603.PAGE 1095
JOINT FACILITATION OF PUBLIC
INFRASTRUCTURE AGREEMENT
AVERY PARK
RECORDED IN OR. BOOK 4291 PAGE 328
4'1~- N82'47'09'W
No 51rA
82"23'13W 166,sr .... 6zJ3~ 95.32'
\ TRN:T H
r::ONSE FN ATlON
0.R.4//3 PAGE 1635
"
,,-,,1
"!l
'4;~
e"!l
~f\
?
SHEET 2 OF 5
PAGE
KEY MAP
NOT ICE
THIS P/JIT. AS RECORDED IN ffS fJItAI'HIC FOfW. IS THE OFFICIAL
OEf"ICT/OII OF THE SUBDIVIDED LNiDS OESlCRlBED HEREIN NfD
W/U. IN NO ClRalIISTNlCE5.11E SUW't.NfTED IN MlT'HtJRITY ., NIY
(ft'HER ~ 1M ~AL FOIW OF THE PW'.
THERE liAr BE NJDff/OllAL RESTItICT/OIIS THAT IRE NOT
RECORDED 011 THIS ,.LAT THAT lIAr lIE FOUND IN THE
1'UIIUC ,vaMOS OF TH/$ ctJUIIT'I.
"
SUNEY OF A PORTION OF BUJCK . D OF THE DFl.llrrCHELL
SlINEY OF THE ItIOSES E.LEVY GRANT. SEll/HOLE COUIITY.FLDRIDA
VIL.UGE OF NORTH ORLANDO FLORIDA
PLAT BOOK I~.P.IGES 41--f2
rNtt:r
IIIT.._
rNtt:r
---.,-
SHEET 2
NOT TO SCAU
24
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CUNE TABLE FOR SHEET 2 OF S ONLY
ISEE SHEET 5 OF 5 FOR PLAT NOTES I
CURVE
RADIUS
TANGENT
ARC LENGTH
DELTA
CHORD
259.54'
102.94'
24.95'
3536'
3536'
367.57'
12238'
CHORD BEARING
$IZ5/'45W
SIZ2a'01W
SIf42'OOW
S59'DB'55W
SJ0'51'05"E
NIZI3'Q6"E
N10'58'lfE
23
CI
C2
C3
C4
C5
C6
C7
5781.58'
578/.58'
5781.58'
25.lXY
251XJ'
5677 .58'
5781.58'
OZ34'2fY
OrO/'/3"
0'14'5fY
9(J'00'00'
90'00'00'
03"42'36"
ort 2' 46"
129.8a'
51.47'
12.48'
25.lXY
251XJ'
183.88'
61.20'
259
102
24
39~
.39
"567.1
122
PLAT LEGEND
I'~
. ,,'5 i
4\<o~
NORTH
SOUTH
- EAST
WEST
DEGREES
~INUTES
SECONDS
C CURVE
CCR CERTIFIED CORNER RECORD
CM - CONCRETE MONUMENT
RAD. - RADIAL
DRN. - DRAINAGE
ES~T. - EASEMENT
N/D - NAIL AND DISK
NR - NON RADIAL
RAD. - RADIAL
PC - POINT OF CURVATURE
PT - POINT OF TANGENCY
PCC - POINT OF COMPOUND CURVATURE
PRC POINT OF REVERSE CURVATURE
POC POINT ON CURVE
PS~ - PROFESSIONAL SURVEYOR MAPPER
REC. - RECOVERED
SE C . - SE C T I ON
UTll. - UTILITY
R/W - RIGHT-OF-WAY
O.R. - OFFICIAL RECORDS BOOK
PG. - PAGE
TYP. - TYP I CAL
P. B. - PL AT BOOK
P.R.M.- PERMANENT REFERENCE MONUMENT
P.C.P.- PERMANENT CONTROL POINT
LB - LICENSED BUSINESS
~ - LINE BREAK
~ - TOTAL LINE DIMENSION
. - CHANGE IN DIRECT I ON
N
S
E
w
o
. '
J.. I ' C'~
. I g
.
. Delta · OJ'"42' 36-
!y .' Rod/us · 5677.58'
! / Arc. 367~-f'
: ' T8. NItf'04'211f'E
~ / .'
~ I ,
f / .'
. I
, I
/ .
TRN:T K
FUTURE DEVELOPMENT
(SEE "AND ALSO" DESCRIPTION)
-r-
Bo GLETON
& ASSOCIATES, INCORPORATED
--....
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/
----
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----- /
...1...1... . ,&.All.,.. . IUI..YI.. . ..,,.......'AL
'20 SOUTH MAGNOLIA AVENUE : ORLANDO. FLORIDA 32801
407-e43-~120 . FAX 407-848-8664
CERTIFICATE OF AUTHORIZATION NO. LB 1221
FOR" 4$
$$DGN$$
FEB 0 5 2002
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AVERY
PARK
NOTICE
THIS PLAT. AS RECORDED IN ITS GRAPHIC FORM. IS THE OFFICIAL
DEPICTION OF THE SUBDIVIDED UNOS DESCRIBED HEREIN MiD
WILL. IN NO CIRCUII~ ANCES. BE SUPPLANTED IN ~HORITr fir ANY
(ffHER GRAPHIC OR DIGITAL FORM OF THE PLAT.
THERE IIAY Be ADDITIONAL RE~RICTIONS THAT ARE N(J1'
RECORDED ON THIS PLAT THAT IIAY BE FOUND IN THE
/lUBUC RECORDS OF THIS COUIffY.
~
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SHEET 3 OF 5
A REPLAT OF LOTS 2S THROUGH 32, LOTS 39 THROUGH 48, LOTS S6
THROUGH 64, AND THOSE PORTIONS OF LOTS 37, 38, 53, 54 AND 55, LYING WEST 0.'
TUSKAWII..LA ROAD AND VACATED RIGHT-OF-WAY AS RECORDED IN PLAT BOOK 1, PAGE 5.
SECTION 1, TOWNSHIP 21 SOUfH, RANGE 30 EAST & SECTION 6, TOWNSHIP 21 SOUfH, RANGE 31 EAST.
CI1Y OF WINTER SPRINGS SEMINOLE COUNlY, FLORIDA
--..----
.....--..-
------....
L____
...............
I LRACT _D
(
I
I 56
1------
I
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1------
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1------
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1------
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1-----
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1-----
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58
59
60
61
62
63
----
64
----
65
----
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1____
I TRACT D
1/---
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66
12
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57
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PlAT
BOOK
PAGE
KEY AlAP
T ItJJCT
1In,,,,1QII
TItIlCr
CDllSENATIOII
SHEET 2
NOT TO SCALE
II SEE SHEET 5 OF 5 FOR PLAT NOTESII
28.50'
38.00'
13.37'
18.38'
13.23'
2336'
IS.oO'
2S.29'
24.71'
IS.oO'
IS.oO'
2S.oO'
2S.oO'
IS.oO'
2S.fXY
2S.fXY
IS.fXY
IS.oO'
IS.oO'
IS.oO'
NORTH
SOUTH
EAST
WEST
DEGREES
MINUTES
SECONDS
CURVE
CERTIFIED CORNER RECORD
CONCRETE MONUMENT
RADIAL
DRAINAGE
EASEMENT
NAIL AND DISK
NON RAD I AL
RADIAL
POINT OF CURVATURE
POINT OF TANGENCY
POINT OF COMPOUND CURVATURE
RADIUS TANGENT ARC LENGTH
CURVE DATA FOR SHEET .J OF 5 ONLY
44.77'
59.69'
25.71'
34.23'
2S.46'
44.29'
23.56'
39.56'
38.98'
23.56'
23.56'
39.27'
39.27'
23.56'
39.27'
39.27'
2356'
23.56'
23.56'
23.S6'
PLAT LEGEND
DELTA
9O"OO'CXY
9O"OO'CXY
38'4S'S4"
sr 36' 45"
38'23'/S"
4S.0S' 24"
9O"OO'CXY
90'40' 10'
89"19'5r
9O"OO'CXY
9O"OO'CXY
9O"OO'CXY
9O"OO'CXY
9O"OO'CXY
9O"OO'CXY
9O"OO'CXY
9O"OO'CXY
9O"OO'CXY
90"00'00-
9O"OCYOO-
CHORD CHORD BEARING
40.31'
53.74'
2S.22'
33.D9'
2499'
43J6'
21.21'
3S.56'
3SJS'
21.21'
21.21'
3S.36'
3S.36'
2/.21'
35.36'
3S.36'
21.21'
21.21'
21.21'
21.21'
N42"02'4O'W
S47'S7'2OW
S73'34'23'W
S28'4S'43'W
S73'4S'43'W
S76.02'17W
S47"S7'2OW
N4r42' 3S'W
N48'I7'2S"E
S42"02'4O'E
N47"S7'20'E
S42"02'4O'E
N47'S7'20'E
S42"02'4O'E
N4Z02'4(l'W
S47"S7'2OW
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N47'S7' 20'E
N42"02' 40W
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I 14 55. I' - PTC6 I C-32Z.Q6' DRIVE 2.3.50'-,
I oN8ro2'4O"W t1r2 'CJo-. ~ DRN.ESMT.
I ~ N4~~~rw~ ~~ (j": DR;;~~~;:;;u;~;P~;~~R"'gCESS AN~S8l."~4p'_E 965.86:'
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WALL ~ ~...... C\J~. ~ "", .BooK 3603.PAGE 109S
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TRACT H ~ \() , ~ '" I
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TRACT Ii
CONSERV' AT/ON
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PRC POINT OF REVERSE CURVATURE
POC POINT ON CURVE
PSM PROFESSIONAL SURVEYOR MAPPER
REC. - RECOVERED
SEC. - SECTION
UTIL. - UTILITY
R/W RIGHT-OF-WAY
O.R. - OFFICIAL RECORDS BOO~
PG. PAGE
TYP. - TYPICAL
P.B. - PLAT BOOI<
P.R.M.- PERMANENT REFERENCE MONUMENT
P.C.P.- PERMANENT CONTROL POINT
LB - LICENSED BUSINESS
~ - LINE BREAK
~ - TOTAL LINE DIMENSION
. - CHANGE IN DIRECTION
Bo GLETON
& ASSOCIATES, INCORPORATED
.............. . PLA........ . IU."..'''. . ...V........tAL
~20 SOUTH MAGNOLIA AVENUE 'ORLANDO. FLORIDA 32801
407-843-~120 . FAX 407-&4~-8&&4
CERTIFICATE OF AUTHORIZATION NO LB 1221
$$DGN$$
FEB 0 5 2002
--.---.-----------.-----.-----------------------------------------------------------------------------------------------------------------------------------------------
ssrO~4O"E 974.77'
ACCESS 29.00'-..
S87"02'4O'E 89.QCY
TRACT E
2'40" E 89..()CY
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PLAT LEGEND
N
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CCR
CM
RAD. -
DRN. -
ESMT. -
N/D
NR
RAD. -
PC
PT
pcc
---------------------------------------------
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-
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TRACT J
DETAIL NOT TO SCALE
19
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S6"s-' ~ I
~.> ~'Q).~ RETE NT/ON I
.~~ ' I
I
,-----------------------------------------
NORTH
SOUTH
EAST
WEST
DEGREES
MINUTES
SECONDS
C CURVE
CCR CERTIFIED CORNER RE
CM CONCRETE MONUMENT
RAD. - RADIAL
DRN. - DRAINAGE
ESMT.- EASEMENT
N/D NAIL AND DISK
NR NON RADIAL
RAD. - RADIAL
PC POINT OF CURVATURE
PT POINT OF TANGENCY
PCC POINT OF COMPOUND CURVATURE
PRC POINT OF REVERSE CURVATURE
POC POINT ON CURVE
PSM PROFESSIONAL SURVEYOR MAPPER
REC. - RECOVERED
SEC. - SECTION
UTIL. - UTILITY
R/W RIGHT-OF-WAY
O.R. - OFFICIAL RECORDS BOOK
PG. PAGE
TYP. - TYP I CAL
P.B. - PLAT BOOK
P.R.M.- PERMANENT REFERENCE MONUMENT
P.C.P.- PERMANENT CONTROL POINT
LB - LICENSED BUSINESS
~ LINE BREAK
---- - TOTAL LINE DIMENSION
. - CHANGE IN 0 I RECTI ON
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PLAT LEGEND
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A REPLAT OF WTS 25 THROUGH 32, LOTS 39 THROUGH 48, LOTS 56
THROUGH M,AND THOSE PORTIONS 01.' LOTS 37,38,53,54 AND 55, LYING WEST OF
TUSKAWII...l.A ROAD AND VACATED RIGHT-OF-WAY AS RECORDED IN PLAT BOOK L PAGE 5.
SECTION L TO\VN.SJ!IP 21 SOUfH, RANGE 30 EAST &: SECTION 6, TOWNSHIP 21 SOUfH, RANGE 31 EAST.
~ CI1Y lOF WINTER SPRINGS SEMINOLE COUNlY, FWRW~_ - _ _ _ _ _ _ _ _ _ _ J
TRACT E , I S8"-02'4O"E 974.77' 1 I
f- -,,' -'!\ ~ __~9.DCY TRN:T D -. -'" ACCESS ~ ~ :
1 I /W') (;'t-" SS-rr'4O"E S9.DCY - ("i A - 29-00:__ \ J IT I I __~9.DCY 146.7 3' A"'C'~SS "
55' · (\j 0 ~ V S8r02'4O'E 89.fXY ~ 0 I D ~, ~ )
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, · ::!... 2IJ()'.."~ t}(iIJO' 77 ~ I ~.- ~ ~;
- - - - J I ..., sSr02'4O"E \ I ~ , ~ "" 78
, · ...L SSr02'4O"E ~ ' t\I'" 2/.81' I k ;
I a 129.DCY 12.CJCY ~I 129.()()' I"" S8r02'4O"E '''''1-' ~ ,
54 I j ~ 57 ~r:~ ~ i" /29LJr r :
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, ' I -L S87'02'4O"E'" ~ lO"
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I I 'f (TYP,J 58 Ii) ~, II) ,q 75 ~, c ~ ' CURVE DATA FOR SHEET., OF 5 ONLY
- - - - J ,') = 1_sg["Q2'4O'E t\lJ "'" tJ I~ ~ I ~ 80 ~' ct : CURVE RADIUS TANGENT ARC LENGTH DELTA CHORD CHORD BEARING
, , t-... 1 '"T ~ -- .. ~ I-t- - S1l!~' "10"~ I.. \()'" I
52 1 · ~ ~ ,~ Ic':?.vv -1 i..... 1~.tKr - I SS7'02'4O'E "", , 24 CI 63JXY 66.70' 102.55' 93"/5'56' 91BY
1 ! ~.~ ~ 59 ~,:~ 74 ~! ') /27.96' 17.00' t ~ ~ g~ ~~ 6:~~ :~; :~~~~ 10i~;;
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., 51 I -.. ~ IfTIL I"':' 5.5' DRN /29= I..; ssr02'4O'E I, U g C; 25DO' 251XJ' 39.27' 90'00'00' 35.36'
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l I 'I S87'02'4O"E "" I .. ~, ~ Q CII 56.50' 43.68' 74J'7' 75'24'55' 59J/'
CIj SOl! ~ ~ /29.()()' ~ ei- ~ Ie ~ 129.DCY ! =- - - .5U~'p~ ~!. ~ ~ ~ - - - - - - - - ~ ~ ~ g~ S;~ 2;~ 4~-;; 3;g::: .,;;;:
~ 1 I ~ ~ 6/ ~~, i ,~ ~ 72 ~~, lu e I~.gp - (-:, "" ~ b ~ ~ ~ ~ g; :~~ ~52~: 49JO' ~~r;;:20;: 48033'
- - · - -I . '-.. S87'02'4O"E "- I ~ I"" ~ .. ''" q 83 (5" ~ '-' .... 8 23.9<1' vg 23.85'
~ I , ct \() I ~ ..... -ltL.. S1iTQ2'4O"~ I ~ ~ I()'" Q VI ~ II) CI6 8OJ8' 12.68' 25J6' rr58'4fY 25.lJS'
!It . f""- e 129.f)()' ~ I... -+ ~- I~'<<y- ; n- SBr02'4O"E ""I ~ ~ I ~ ~ Cfl 8OJ8' 1122~: 25J6' rr58'4r 2S.lJ5'
~ 49' " 'oJ It')q ~ e I I e ~ - , ........ I ~ 0 <{ ~ <( CI8 8OJ8' .uc 23.94' rr06'24' 23.85'
~ , ~. ~ "" 62 ~I I ~ 7/ ~' ,C) ~ 126.38' I ~ CI) ~ ~ C II CI9 25JXY 24.71' 38.98' WI9'sr 35J5'
- ~ - _,I ~ ! ~ a ~ - S~/7'f!'LJ(y..$Y'~ "" ~ Q ! ~ S87'02'A""'E ~ ~ ~! Co ~ 84 \()~, ~: cij ~ ~ ~~ g~ ~;:: ~;:: 2~;f: ~:~ ~21;~.2~/:
~ I n: \0 C::1 ~ I ......., 0} \0 I C1\ VI' ~ ?>: Cl C22 15JXY 15JXY JOJQ 9UOO'00'
48 I llJ. ~ ~ el ..... , 129lJO' :R Ill' rif S87'02'4O'E ""', a ~ ~ C23 251JO' 251JO' 3921' 9UOO'00' 35..36'
, ~ , \() 63 q, (J I e ~ 10 C l:g /25.86' 5_~' nRN T' ~ ~ I C24 25JXY 25JXY 3927' 9UOO'00' 35036'
~ . 'f \() ~ q 70 (\\j e UTIL ~.., ~, S? II) '-' ~ C25 15JXY 15JXY 23.56' 9UOO'00" 21.2"
J t::, n- ""I !t I ~ I ~q 85 "I I I- 1lI11) -.J C26 151JO' 151JO' 23.56' 9UOO'00' 21.21'
- - - ;:~ ~ SB7'02'4O"E" ~I ~ 1 ESvr 1 I ct III Cl
1 ~.......; 129.f)()' : ~ - - _SBT~4O'-.e l\l' fTYP) ~ I 23 ~ ~ ~ CZ'f 25JXY 25.29' 39.56' 9U40'09' 35.56'
I ~, a ~ el i~ - l~iJry- - - : ~! ~ SBr02'4O'E I: <( ~ g~ ~:~:: :~: ~~ ~;;:~ ~~
47, , · It') 64 qj I ~ v J 125.33' I ~ :::,. C30 - /5JXY 15JXY 23.56' 9UOO'00" 21.21'
; "" 't lO '" 69 ,I 'I Ie, I lJ... I--
j . ....,J 'tl ,~ l() '" \()~ Q~ e' a C31 /5JXY 15JXY 23.56' 9UOO'00' 212,.
- - - c-r SB7'02'4O'E '" UJ f" ag ql I ~ ~ C32 /SJXY ISJXY z~.56' 9UOO'00' ZIZI'
I " '... S1l!'QJ2:..~~ 1 '-J "" \() I III '-' C33 JXY 23.56' 9UOO'00' 2121'
I i QJ ~~ 129.fXY ei Ie 1~.tJ?:y ~ i ct SS7'02'4O'E ""': a: ~ C34 ~;JXY ~;~ 23.56' 9UOO'00' 21.2"
46, '.. 65 ~ I ,q 8 ,::::> a 124.81' T, ~ ~ C35 15JXY 15JXY 2~.56' 9UOO'00' 21.21'
_ _ _ J! SB7'02'4O"E """~ 68 ~! Ct:) ~ 87 ~: ~ C:J6 25JXY 25JXY 3927' 9UOO'00" 35036'
, I e 129.DCY ~ + SBr02'4O'E , 't ~I I ,
45 I · 9 2/'" \u- \l; I /29lJO' I SBr02'4O"E, t a I
1 I'" 66 f.AJ<.r ~ ~2/.()()' 3.0' DRN ~ 1 ~ /24.28' T ~ - - - - - - - - - - _ _ _ ~~ I 22
- - _If i ~ S87"02'4O'E 89= cV Ih-S-! _. 67 r:SMT ~~ i., 88 2/29'-;; · V-- ' - - SBiiJi-:;o.i -38779--' - - - - - - - - - - - - - - - - - - / SI4'0S'55W
TRACT E I. ~ ~ J~azQ2'~L 9..QQ:..;) I (" , TR~T C 194.82' 17.fXY 1\, _---....1. .3a'~ I I
- -...... \1 , ,4!J?2' TR,ICT D -. S8r02'4O"E 240.DCY _ 3 44i: I ~ S87'02'4O"E ~84.o3' (/~ ACC~SS CI4C/B ~ . /25.61' .~ ~ 192.96' {j <;7fJ I
· r ""~ - - - - ACCESS -:..: - I f-44.DCY --..- C' 2142' r45.DCY~1 - 59.20- - ~ TRA"T I
I I C' 45= := 1'- - - - ~ - t-- - - - "'" I --- ssr02'4O'E /030' _ Cl3 d' . .... A LANOSCAPE /OPE N C.J6 I
, . SO.f)()' SO.DCY 45.DCY -.J? , F-.r. Clu I4J -- - - n.-.,t ~OO'
I 5.5' DR'N e , F~v.J6.75' f-4r-1:;; -'":...C/5 1--' 5.5' DRN ~ It /.- - I -SP~E PC UGI 0 . ~
1 q ~/.42' UTIL l\J~~ ./ C9 / "'6.;g;,,-- - Rod/us. 25.lXY
1 . IL "" . , ESvr I'-; ~ / C4 ::... PT./_ Arc . .39.27'
I! ~ ~ gU;; ~ ' ~.... III !, ~ ~ (TyP) llJ III ~ ~/ UfIL..E:StoA1' ~ ?/.e""~~~5'51'05.E I
/3, I ~ /2 ~ ~ /I ~ ~ /0 (\\j ~ @ ~ I' III ~ llJ ~ ct I.J ~ 0 C ~ ~ IOdY _ _ PC ~I 25.lXY I
I '!!2 ~ lW') It') C ~ ~ 9 ~ ~ 8 ~ . I~ 7 ~ ~ 6 2 Co 5 ~ ~ ~ ~ ~ ~ ~ ~ c;, , - . ~ - -- ~~'~/'OS'W ~ t <:) I I
, !' ~ ' ~ ~ ~ ' ~ ~ ~!,~ ~ ~ ~ ~ ~ ~ ., ~ ~ 3 ~ ~ 2 ~ ~ I.~ / t B;><I~' ~ ,r~ I> ~ I /
I I ~ ~! - L4.0' DRN~ & " ~ g ~ ~ ... (j / C5 ~ ~~ ~ d
, ; ~ e I 0 , ESvr ~ 0 PRe vro 83.s0-~' ~ ~ I I
I .1 ~ It) I ' 58.s0- """ Vi N7S'5I'05-wJ
- - _I ,.... ~ 60.DCY SO.DCY 50.DCY f <)I I' ~ 1 I ~ , ~I ~ r 21: ^"" "7
50.00' 60.()()' I t1 S UTlL ESMT ~ ~, ~ __ ;.NJU I
- . - . - ~ . - . _ . _ . _ . _ . _ . _. :;; _ . 1 J;: 45= 4~0.2(y 45= 45= 38.4;:2l C\~~ / / /~~;~ tl~d;~~~ ~~ ~ =~~ ~
- _t..-23.5O' PARK - - -L- A-KE- N87'02'4Ow' 610.~- - - ~ - - - - - - - - .29-'...7!!_ _ _ 2.J.50'~_TPT . / c~' ~ ArC. 39.27'
CORD ---- 6.47.95' DRIVE - - - - - - C~ TRACT G tfl~. TB · 575'51'058E
N8r02'4OW 965.86' TRACT J 23.50'- - RECREATlON/ & ~ I
. ~N~~ ~ ~
~- , ~~ ~ I
" -~~ Arc 16.49' i"i ~ I
" -\,~~" WI ~
" " UTlL ESUT ~ I
~ ~ /,S's. PC n= I
oJ- ....0 "
r ~ -" '" ~ %~.,. I I
VI J' '6'>. -("" "'V" ';-;::
~ {. "'-57!ll , !D v I
/ "'a.:':l "4v ;s~ tJ ~ '-J ~ ~
I ~ ~;:;- " ~,j. ",~ ~ ,:-/j ~ O~ ~cb ..... I ~ ~
I <OAA~.s-..s- '- ~ ~'J- t-> ~9'_ '-"<<'r, ~ ~ ":':! ~ ~
I "'" C. "-. ~'-t~ POC ~ ~ ~ ~ <:i ~
/ <<'..s--c; "-. " ..... ~-9 c:s ~::l U- ~;
..... 91' ~.0 ~
I TRACT I ~ /J () ~ (\j , 0 ~
I T LIFT STATION ~ S' Vj ~
RACT H " .Ji 'ti ' I
I CONSERVATION " ~ cP ~ -0 ~ ~
/ \~". POC~ ,,~
\ '- I I
/ "I
\
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-
------------------------------------------------'----------------------------------
---------------------------
AVERY
PARK
SHEET 4 OF 5
PlAT
BOOK
PAGE
1I..a. ,4 · ~~
, .. . 'r.i-
, _, " L f.. , iii
I -' J! _ _ t 8, .. or · 4~H";
, ~. - - - - - - .;.;-.; ~ ... - .. ---..",
-----
~. r~ ~
,."..IIr_
r IIUCr
-,.,""-
-
SHEET 2
'NCT .
7rRACT B
RETENTION
MATCH UNE - SEE SHEET ,2 OF 5
IlsEE SHEET 5 OF 5 FOR PLAT NOTES II
PERMANENT PERPET
DRAINAGE EASEMENT UAL ACCESS AND
RECORDED IN OR B~: ?60RD3ER OF TAXING
. ,J. PAGE 1095
JOINT F ACIUT ATlON OF PUBLIC
INFRASTRUCTURE AGREEMENT
AVERY PARK
RECORDED IN OR. BOOK 4291 PAGE 328
NOTICE
THIS PLAT. AS RECORDED IN fTS GRAPHIC FORIA. IS THE OFFICIAL
DEPICTION OF THE SUBDNlDED LANDS DESCRIBED HEREIN AND
Wlu.. IN NO CIRCUIAST ANCES. BE SUPPLANTED IN AJ./THORfTY BY ANY
OTHER GRAPHIC OR DIGIT AI.. FORM OF THE PLAT.
BoWYERSlNGLETON
& ASSOCIATES, INCORPORATED
THERE IAAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT
RECORDED ON THIS PLAT THAT IAAY BE FOUND IN THE
PUBUC RECORDS OF THIS COUNTY.
........... . H.U.... 8 ..."."... 8 ..",......'AL
~20 SOUTH MAGNOLIA AVE:NUE : ORLANDO. FLORIOA 32801
407-843-~120 8 ~ AX 407-lS4e-8lSlS4
CERTIFICATE OF AUTHORIZATION NO. LB 1221
$$DGN$$
-----.---.------
KEY MAP
q]0
NOT TO SC~
FORM 45
FEB 05 am
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AVERY
PARK
PlAT
BOOK
PAGE
A REPlAT OF LOTS 25 THROUGH 32, LOTS 39 THROUGH 48, WTS 56
THROUGH 64, AND THOSE PORTIONS OF LOTS 37,38,53, 54 AND 55, LYING WEST OF
TUSKAWILLA ROAD AND VACATED RIGHT-OF-WAY AS RECORDED IN PLAT BOOK 1. PAGE 5.
SECTION 1, TOWNSHIP 21 SOUTH, RANGE 30 EAST & SECTION 6, TOWNSHIP 21 souro, RANGE 31 EAST.
CI1Y OF WINTER SPRINGS SEMINOLE COUN1Y, FLORIDA
SHEET 5 OF 5
NOTICE
THIS PLAT. AS RECORDED IN ITS GRAPHIC FORM. IS THE OFFICIAL
DEPICTION OF THE SUBDNIDED LANDS DESCRIBED HEREIN AND
WILL. IN NO CIRCUMSTANCES. BE SUPPLANTED IN A/JTHORfTY BY ANY
OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT.
THERE MAr BE ADDITIONAL RESTRICTIONS THAT ARE NOT
RECORDED ON THIS PLAT THAT MAr BE FOUND IN THE
PUBLIC RECORDS OF THIS COUNTY.
NOTES
~
.~
.)
~
.
.
1. 0 DENOTES P.R.M. (4X4 C.M.) L.B. NO. 1221.
2. 0 DENOTES P.C.P. L.B.. NO. 1221.
3. RAD. - DENOTES RADIAL LINES,
4. N.R. - DENOTES NON-RADiAL LINES.
5. BEARING STRUCTURE IS BASED ON THE SOUTH LINE OF LOT 63,
PER D. R. MITCHELL'S SURVEY OF THE LEVY GRANT, PLAT BOOK 1
PAGE 5, BEING N87002'40"W (ASSUMED)
6. IN ACCORDANCE WITH CHAPTER 177.091, BOARD OF
PROFESSIONAL LAND SURVEYORS LAWS & RULES, ALL PLATTED
UTILITY EASEMENTS SHALL PROVIDE THAT SUCH EASEMENTS SHALL
ALSO BE EASEMENTS FOR THE CONSTRUCTION, INSTALLATION,
MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES;
PROVIDED, HOWEVER, NO SUCH CONSTRUCTION, INSTALLATION,
MAINTENANCE, AND OPER~TION OF CABLE TELEVISION SERVICES
SHALL INTERFERE WITH FACILITIES AND SERVICES OF AN ELECTRIC,
TELEPHONE, GAS OR OTHER PUBLIC UTILITY.
7. TRACT "A" IS A LANDSCAPE/ OPEN SPACE/RECREATION TRACT TO
BE OWNED AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION.
8. TRACT "G" I S A RECREA T ION AND OPEN SPACE TRACT TO BE
OWNED AND MAINTAINED BW THE HOMEOWNERS ASSOCIATION.
9. TRACTS "C", "0", "E" AND "F" ARE ACCESS, ORA I NAGE AND
UTILITY TRACTS TO BE O~NED AND MAINTAINED BY THE HOMEOWNERS
ASSOCIATION.
10. TRACT "B" IS A RETENTION TRACT TO BE OWNED AND
MAINTAINED BY THE HOMEOWNERS ASSOCIATION.
11. TRACT "H" IS A CONSERVATION TRACT TO BE OWNED AND
MAINTAINED BY THE HOMEOWNERS ASSOCIATION. NO CONSTRUCTION,
CLEARING OR ALTERATION IS ALLOWED WITHIN THE EASEMENTS
UNLESS APPROVED BY THE CITY OF WINTER SPRINGS AND THE OTHER
APPLICABLE JURISDICTIONAL AGENCIES.
12. TRACT "I" IS LIFT STATION TRACT TO BE DEDICATED TO THE
CITY OF WINTER SPRINGS.
13. TRACT "J" IS A PRIVATE ROADWAY TRACT TO BE OWNED AND
MAINTAINED BY THE HOME:OWNERS ASSOCIATION.
14. TRACT "K" IS FOR FUTURE DEVELOPMENT AND IS OWNED AND
MAINTAINED BY TUSKAW1~LA OFFICE PARK, LLC.
15. TRACT "B" IS SUBJECT TO THE JOINT FACILITATION OF PUBLIC
INFRASTRUCTURE AGREEMENT AVERY PARK, RECORDED IN OFFICIAL
RECORDS BOOK 4291, PAGE 328, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA.
16. THE NORTH 25.00 FEET OF TRACT B IS FOR LANDSCAPE/OPEN
SPACE/RECREATION AND IS TO BE OWNED AND MAINTAINED BY
THE HOMEOWNERS ASSOCIATION.
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111.111111111I. . ~LA""III. . 8UIVIYI... . IIIVIIOIIIIIIITAL
520 SOUTH MAGNOLIA AVENUE : ORLANDO. FLORIDA 32601
407-~43-5120 . FAX 407-649-6664
CIERTIFICATE OF AUTHORIZATION NO, L8 1221
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BoWYER-8INGLETON
&< ASSOCIATES, iNCORPORATED
FOR", 4S
$$DGN$$
FEB 05 21m
ATTACHMENT C
Or:; ~..I +e J::>r(>1'. c.''I[ (~,.A=
G? oS: 'I f) 1/., Z/ct z.
LUMBERMENS MUTUAL CASUALTY COMPANY
Dual Obligee Rider
TO BE ATTACHED TO and form part of Bond Number
LUMBERMENS MUTUAL CASUALTY COMPANY
L.E.5..0 0 276
issued by the
as
Surety, on behalf of C. A. MEYER PAVING & CONSTRUCTION CO.
WINTER PARK, FLORIDA
to as the Principal, and in favor of CAHILL ENTERPRISES, INC.
of ..QRLANDQ,-E.L.O..RIDA
of
, hereinafter referred
, hereinafter
referred to as the Obligee, in the sum of mE MIU..ION, ThO IillNDRED FDR'lY-NINE ~QUSAND. EIGHI' IillNDRED FDR'lY-FIVE &
NO/lOa
Dollars ($-.l,249.845.00 ),effectivethe 23RD day of JULY 2001
In consideration of the sum of One Dollar ($1.00), and other good and valuable consideration receipt of which is
hereby acknowledged, the Undersigned hereby agree as follows:
1. The CITY OF WINTER SPRINGS. FLORIDA
is hereby added to said bond as an additional obligee.
2. The Surety shall not be liable under this bond to the Obligee, or either of them unless the said Obligees, or
either of them, shall make payments to the Principal strictly in accordance with the terms of the said contract
as to payments, and shall perform all other obligations to be performed under said contract at the time and in
manner therein set forth.
3. No suit, action or proceeding by reason of any default whatever shall be brought on this bond after two (2)
years from the day on which the final payment under said construction contract falls due.
4. Aggregate liability of Surety hereunder to Obligees is limited to the penal sum above stated and Surety, upon
making payment hereunder, shall be subrogated to, and shall be entitled to an assignment of all rights of the
payee with respect to the particular obligation discharged by the payment, either against principal or against
any other party liable to the payee on the discharged obligation.
SIGNED, SEALED AND DATED this
23RD
day of
JULY
2001
WitneSS} .
fiY~
(Seal)
LUMBERMENS MUTUAL CASUALTY COMPANY
~sure
~y.~ ___
FRANCIS T. O'REAR N
RESIDENT FLORIDA AGENT
e-all
Attorney-in-Fact
Accepted By:
SUR-85831-A
j/".
IrempeR@
Home Office: Long Grove, IL 60049
POA NO: LM 1 7 5 6 7
Know All Men By These Presents:
That the Lumbennens Mutual Casualty Company, (hereinafter called the "Company") a corporation organized and existing under the laws of
the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint
POWER OF ATTORNEY
Francis T. O'Reardon in the City of Orlando in the State of Florida
its true and lawful agent(s) and attorney(s)-in-fact. to make, execute, seal, and deliver during the periOd beginning with the date of issuance of
this power and ending on the date specified below, unless sooner revoked for and on Its behalf as surety, and as its act and deed:
ANY AND All BONDS AND UNDERTAKINGS PROVIDED THE AMOUNT OF NO ONE BOND OR
UNDERTAKING EXCEEDS FIVE MILLION DOLLARS ($5,000,000.00).................................
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or
collection of any promissory note, check, draft or letter of credit.
This authority does not pennit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit
of authority as set forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully'aiid amply to
all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long
Grove, illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF
MARCH 30, 2002
Thi~, powW 'of Attorney Is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of the
ComtiaRY'on.F~brui1ry 23,1988 at Chicago, illinois, a true and accurate copy of which are hereinafter set forth and is hereby certified to by
/.thaJAdersi~jried.$~~~ry as being in full force and effect:
- . ........__ ..0_.:,
, - "YDTro; T~~he c~~~n of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the
. -:-Sif.l~, or ~ SeOr~ry shall have the power and authority to appoint agents and attomeys-In-fact, and to authorize them to execute
, :-O[rbeh.~flhitCOI1'lp::UW, and attach the seal of the Company thereto, bonds and undertakings, recognizances. contracts of indemnity
:, -::--arlil::Ot;'''rWritiQ9s,.ob1i9~ory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process."
.". - .0
'rt4~ Po~ei::6f Aitorn~y. ,Is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive
coiitrninell ot tlieBo~rd of Oirectors of the Company at a meeting duly called and held on the 23rd day of February, 1988:
. . . . . . . . . . . ~
"VOTED, That the signature of the Chalnnan or the Board, the President, any Vice PresIdent, or their appointees designated in writing and filed
with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary. may be affixed by facsimile
on any power of attorney or bond executed pursuant to resolution adopted by the executive Committee of the Boart:l of Directors on February 23,
1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to
be valid and binding upon the Company. "
In Testimony Whereof, the Lumbennens Mutual Casualty Company has caused this instrument to be signed and its corporate seal to be affixed
by its authorized officers, this November 30, 1998.
flkd I!~
e
Lumbermens Mutual Casualty Company
Attested and Certified:
9- ~ ~wo.y,"" m:
Robert p, Hames, Secretary
by
J.S. Kemper, III. Exec. Vice President
(BLUE SHADED AREA INDICATES AUTHENTICITY)