HomeMy WebLinkAboutFinal Plat Appl- Sea Era SegundoAPPLICATION FOR PLAT REVIEW
FEE: NAL DATE: ejo �Q12-
PRELIMINARY
FINAL v'
PLAT PLAN NO.
PROJECT NAME U,t()
PROJECT ADDRESS 'f/,r/f�;V �y�ER Ave p y 4/,r
LEGAL DESCRIPTION ``i(e fj /-Z - (n K7 J4 c,,- -A 4,1,,j
AQ
OWNER'S N
OWNER'S ADDRESS .ZFfr BLS'
ARCHITECT/ENGINEER el -;e
PHONE
APPLICANT'S
PHONE NO. -7` %— J',1 - .1,1d -,Z --
MEMORANDUM *i�w
Date: October 1, 1996
To: G. J. Moran, Building Official
From: Susan Chapman, Secretary
Re: SEA ERA SANDS - SEWER IMPACT FEE CREDIT
As per your request, I have researched the appropriate files regarding sewer
impact fee credit applied for the above referenced property and will advise you
of the information obtained:
1. Building Permit #6413 issued to construct a (4) story, (12) unit
condominium building at 501 Harrison Avenue - Building was never
constructed and permit was voided.
2. Sewer Permit #1696 issued for the above referenced (12) units - The sewer
impact fees were paid in the amount of $18,253.00, since the building was
never constructed, the fees were transferred (as per city attorney's letter
dated June 8,1992) to Sea Era Patio Homes (7600-7670 Ridgewood
Avenue).
3. Sewer Permits Issued for Sea Era Patio Homes: amount
transferred
#1796
7600 Ridgewood Avenue (constructed)
$2,089.28
#1785
7610 Ridgewood Avenue (constructed)
2,089.28
#9400187
7620 Ridgewood Avenue (permit voided)
2,210.04
#94-00188
7630 Ridgewood Avenue (permit voided)
2,210.04
#94-00192
7640 Ridgewood Avenue (permit voided)
2,210.04
#94-00191
7650 Ridgewood Avenue (permit voided)
2,210.04
#94-00190
7660 Ridgewood Avenue (permit voided)
2,210.04
#94-00189
7670 Ridgewood Avenue (permit voided)
2,210.04
SEA ERA SEGUNDO
MEMO RE: TRANSFER OF SEWER IMPACT FEES
OCTOBER 1, 1996
PAGE 2
4. The above Sewer Permits that were voided was due to the fact that the
units were not constructed within the (6) month time -frame from the date
of permit issuance. However, the sewer fees will remain transferred to
those addresses.
5. The remaining amount of the sewer impact fees previously paid and not
transferred is $789.20. Please note that sewer impact rates have
increased since the time the sewer permits were issued. These fees will be
adjusted upward along with the sewer connection tap fee of $25.00 per
unit which will be assessed at time of permitting.
6. Letter from Attorney John Kancilia (June 8,1992) states that "... past
practice appears to have provided a reasonable solution whereby the
permit owner will be allowed a credit for fees previously paid toward the
renewal or re-application of a building permit fee and impact fees for the
same property. This is not the case since the property is transferring
ownership and the permit for the (4) story (12) unit condominium will
not be renewed or re-applied for because the parcel has been replatted for
the project name "Sea Era Segundo" to construct (6) townhouse units.
The site plan for Sea Era Segundo (530-540 Tyler Avenue) was approved
by the Planning & Zoning Board on October 25,1996 and the preliminary
plat re -approved on September 25, 1996.
Should you have any questions or additional research is necessary, please
advise.
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11
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CITY OF CAPE CANAVERAL
BUILDING DEPARTMENT
Sanitary Sewer Permit
Date Sept. 25,. 1992 # Permit° 1798
Issued to —Sea FrA SAnds neueInpirlant r at 0
Address I 0A Caeq!�!ral FI
For one Conn on at 1.600 R i dgewand A ven up Z Legal Description
Lot p
Clsssifimion
B.P. 87846
sngle Dwening X 4 Baths
Mull;,], Dwelling — Calls ( - } Coss II J
t- unlh NQ "nib,
1
Hobl er Morel ( 7 Public Bldg.
Nu "nils Sewer Impact. Fee $$2,089.2
,railer Park ( I onrmH«y Transferred- from
NdueO' Sewer. Permit U09646%/0
Aaaembly Hall Cnmm al
Induatrlal s h.1
In mnaid.ra0an of pennimian given - do
hereby agrn W cmnrvct said work In cwnpllanca wide the pr..W.a of the Pt"mbbg Oadalann
of th. Cry o((� C�ape �Ca)uw/Bol, Nodda. - -
Signed 7 Wf Addnn
Own« Plumber
( I"Ilding Ofndd I
CITY OF CAPE CANAVERAL
SANITARY SEWER PERMIT
DATE ISSUED: 0
PROSECT ADD SS: 7620 RIDGEWOOD AVENUE
LOT/PARCEL: BLOCK: US
SECTION: 23 TOWNSHIP 24 SOUTH, RANGE
OWNER NAME: SPACE INVESTMENT CO., INC. '
ADDRESS: p, 0. BOX 608537 8
CITY: ORLANDO G,
CLASSIFICATION: R-3
SINGLE DWELLING: X NUMBER OF
MULTIPLE DWELLING: NUMBSFR
EFFICINCY/1 BEDROOM _ 2
SEWER IMPACT FEE:
SEWER TAP FEE:
TOTAL FEE:
IN CONSIDERATION OF PERM
DO HEREBY AGREE 1b CONS!
OF THE STANDARD BUILDING
CODE OF ORDINANCES.
PERMIT #: 94-00187
I ON: Sea Era Patio Hares
BREVARD COUNTY, FL
@_ NE ( 407) 422-3498
SAT�,y ZIP:
{
FROMj
OV AYMENT ON SEA ERA $ At' 25.00
f
N GIVEN,
SAID WORK IN COMPLIAN E WITH THE PROVISIONS
, AS ADOPTED BY CHAPTER 613 OF THE CITY OF
�i3"f: ia1:7i 3flUdi:lai:�
-It '-iDi0
8�k-"�t 1513416lN
i CITY OF CAPE CANAVERAL
SANITARY SEWER PERMIT
DATE ISSUED: 05-23- PERMIT 1: 94-00188
PROJECT ADDRESS: 7630 RIDGEWOOD AVENUE
LOT/PARCEL: 5 SUBDIVISION:RA PATIO HOMES
SECTION: 23 TOWNSHIP 24 SOUTH, RANGE 37 EAST COUNTY, FL
OWNER NAMESPACE INVESTK:W CO., EC. PH I' 407 422-3498
ADDRESS: P.O. BOX 608537
CITY: ORLANDO �'� FL ZIP:'
CLASSIFICATION: R-3
SINGLE DWELLING: X NUMBER OF BEDRO
MULTIPLE DWELLING: NUMBER OF UN
EFFICINCY/1 BEDROOM 2 BED 0TF—mo
G
SEWER IMPACT FEE: FEES iRANS 0 ' SEA ERA SANDS.
SEWER TAP FEE: $25.00\N eT$ � <.� f% $ $25.00
TOTAL FEE: 25.00
IN CONSIDERATION OF PERMISSIO VEN, JOHN MOORE
DO HEREBY AGREE TO CONSTRUCT WORX N COMPLIANCE WITH THE PROVISION
OF THE STANDARD BUILDING CODE, AS ADOPTED BY HAPTER 613 OF THE CITY OF
CODE OF ORDINANCES.
SIGNED
ADDRESS
$ )a tb
pct+
CITY OF CAPE CANAVERAL
SANITARY SEW& PERMIT
DATE ISSUED: 05- -94
PROJECT ADDRES 7640 RIDGEWOOD AVI
LOT/PARCEL: 4
SECTION: 23 TOWNSHIP 24 SOUTH, 1
OWNER NAME: SPACE INVESTMENP CQ4PA`IyY
ADDRESS: P. 0. BOX 608537
O
CITY: RCATIDo
PERMIT #: 94-00192
1SION: SEA ERA PATIO HCMES
EAST, BREVARD COUNTY, FL
PHONE (407 ) 422-3498
SATE: FL ZIP:
CLASSIFICATION: R-3
SINGLE DWELLING: X NUMBER BED
MULTIPLE DWELLING: NUMB SOFUN S:
EFFICINCY/1 BEDROOM BEDjKC `OF MORE
SEWER IMPACT FE
S FERC OVERPAYMFIPP ON SEA ERA SANDS.
SEWER TAP FE 25 $25.00
TOTAL FEE: .00 tUl
IN CONSIDERATION OF E SSION GIVEN, JOHN MORE
DO HEREBY AGREE TO CO UCT SAID WORK N OMPLIANCE ITH THE PROVISIONS'
OF THE STANDARD BUILDIN CODE, AS ADOPTED BY CHAPTER 613 OF THE CITY OF
CODE OF ORDINANCES.
SIGNED
OWNER PL BE
11
S/ay�9y j IL ��lf
CITY OF CAPE CANAVERAL
SANITARY SEWER PERMIT
DATE ISSUED: 05-2
PROJECT ADDRESS. 7650 RIDGEWOOD AVENUE
LOT/PARCEL: 3 BLOCK: 40 SUBDI
SECTION: 23 TOWNSHIP 24 SOUTH, RANGE 37
OWNER NAME: SPACE DNESTMDUP CO., INC.
ADDRESS: P. 0. BOX 608537
CITY: ORLANDO
CLASSIFICATION: R-3
SINGLE DWELLING: X NUMBER OF
MULTIPLE DWELLING:. NUMBER
EFFICINCY/1 BEDROOM 2✓
SEWER IMPACT FEE: S TRANSDTICM
SEWER TAP FEE. 5.00
TOTAL FEE: 5* 0 u
IN CONSIDERATION $ N GIVEN,
DO HEREBY AGREE T C6N¢T SAID WORK I:
OF THE STANDARD BU ' DZ DE, AS ADOPTE'
CODE OF ORDINANCES. I
SIGNED
PERMIT 0: 94-00191
SEA ERA PATIO HOMES
BREVARD COUNTY, FL
(407) 422-3498
FL ZIP:
ON SEA ERA SANDS.
$ $25.00
BY CHAPTER 613 OF THE CITY OF
Oti-i vl/H
OJ 10 .O"( 'V fSiHJ
CITY OF CAPE CANAVERAL
SANITARY SEWER PERMIT
DATE ISSUED: 05-23-94 PERMIT #: 94-00190
PROJECT ADDRESS: 660 RIDGEWOOD AVENUE
LOT/PARCEL: BLOCK: S DIVISION:
SECTION: 23 TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FL
OWNER NAME: SPACE INVESTMENTS INC. PHONE i407� 422-3498
ADDRESS: P. O. BOX 608537
CITY: ORLANDO SATE: FL ZIP:
CLASSIFICATION: R-3
SINGLE DWELLING: X NUMBER OF BEDROOMS: 3
MULTIPLE DWELLING: NUMBER OF UNITS:
EFFICINCY/1 BEDROOM 2 BEDROOMS OR -FORE
SEWER IMPACT FEE: FEES TRANSFERRED FRCM OVERPAYMENT ON SEA ERA SANDS.
SEWER TAP FEE: $25.00 $ 25.00
TOTAL FEE: 25.00
IN CONSIDERATION OF PERMISSION GIVEN, JOHN MORE
DO HEREBY AGREE Tp CONSTRUCT SAID WORK IN COMPL ANCE WITH THE PROVZSIONS�
OF THE STANDARD BUILDING CODE, AS ADOPTED BY CHAPTER 613 OF THE CITY OF
CODE OF ORDINANCES.
SIGNED _ K4�-
OWNER/PL BER/GUM -C;
9. -y V
CITY OF CAPE CANAVERAL
SANITARY SEWER PERMIT
DATE ISSUED:
05-23-94
�f
CITY OF CAPE CANAVERAL
SANITARY SEWER PERMIT
DATE ISSUED:
05-23-94
PERMIT ¢: 94-00189
PROJECT ADDRESS7670
RIDGEWOOD AVENU
LOT/PARCEL:
1
OCK: 40 SUBDIVISION:
SEA ERA PATIO HcMES
SECTION: 23
TOWNSHIP
24 SOUTH, RANGE 37
EAST,
BREVARD COUNTY, FL
OWNER NAME:
SPACE INVESTMENT COMPANY, INC.
PHONE
(407 )422-3498
ADDRESS:
P. O. BOX
608537
CITY:
ORLANDO
SATE:FL ZIP:
CLASSIFICATION: R-3
SINGLE DWELLING: X NUMBER OF BEDROOMS: 3
MULTIPLE DWELLING:- NUMBER OF UNITS:
EFFICINCY/1 BEDROOM 2 BEDROOMS OR-WRE
SEWER IMPACT FEE: FEES TRANSFERRED FROM OVERPAYMENT ON SEA ERA SAtIDS.
SEWER TAP FEE: $25,00 $ 25.00
TOTAL FEE: 25.00
IN CONSIDERATION OF PERMISSION GIVEN, JOHN MOORE
DO HEREBY AGREE TO CONSTRUCT SAID WORK IN COMPLIANC WITH T PROVI O S�
OF THE STANDARD BUILDING CODE, AS ADOPTED BY CHAPTER 613 OF THE CITY OF
CODE OF ORDINANCES.
SIGNED A
Tc- c .
!$ a u -0-A
°� n%A s lay l`�4
FILE No. 002 0927 '96 10:43 ID:DEAN WITTER FINANCIAL 212 392 2887 PAGE 2
DEAN WITTER REYNOLDS INC. fit Wnrld Tradc ('enter, New Ynrk. M' 10048
TOP.Phane (212) 302-5200 '
lJAVID W. HAYNES
Senlur VIO: Plelidenl
Dlragnr M Relall Snln and Morxeling
Taxable POW Income
September 27, 1996
Whitey Moran
City Building Official
PO Box 326 '.
Cape Canaveral, FL 32920
Dear Mr. Moran:
Myself and Roger Crandall are considering the purchase of lots 8, 9 and
10 of Block 40, Avor) By The Sea Subdivision in your city. Before we
make an offer to purchase this land, we would like to request from you
the possible transfer of fees paid for under Building Permit No. 6413 and
Sewer Permit No. 1696 on these lots by the Sea ERA Sands Development
Corporation.
Enclosed please find copies of two letters that might help in letting me
know if this is possible. Time is of the essence in this matter and I would
appreciate any insight that you may have on this matter. I can be reached
at my office phone, (212) 392.5209. Again my thanks for your
consideration.
Sin ely
OCYbP.M=
z86b B(u��ftcrl, eV.. 275 • Bou(dee, (Id." $0301 • J^-(ianc & 511 (800) 733-$55¢
May 27, 1992 9a0.gFl. I&d *'
FILE COPY
Alarur i
CiIY Owndl
CITY Mqr.
Cily nuY.
run. W ur.. o.,.
Ouilaw Cm. -
FinaM Oh.
Mr. James E. Morgan
Building Official
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
RE: TRANSFER OF 4 STORY,'12 UNIT BUILDING PERMIT FEES
Dear Mr. Morgan:
As per previous conversations, your signature where indicated
below shall serve as your acknowledgment that the City of Cape
Canaveral will/shall transfer the building, impact, sewer, etc.
fees which we paid for Building Permit No. 6413 and Sewer
Permit No. 1696,(copies attached hereto and made a part
hereof), in the amount of $26,871.66 (Twenty-six thousand eight
hundred seventy-one dollars and sixty-six cents), for the 4
story, 12 unit building permit fees. Said transfer shall be
a credit to and toward our building permit, impact, sewer, etc.
fees required for the proposed patio/townhomes/residential
units to 'be located on Lots 1, 2, 6 and 7, Block 40, West of
and immediately adjacent to the Sea Era Sands condominium
project. Herein said, transfer of the building permit, impact,
sewer, etc, related fees shall not be effectual until such time
a revised site plan is approved by the City of Cape Canaveral.
As always your consideration in this matter is greatly
appreciated. I
Sincerely,
SEA ERA SAND.$. -DEV PMENT ORATION
W. Po`enisc , Jr
I, the undersigned, James E. Morgan, Building Official for the
City of Cape Canaveral do hereby acknowledge, agree and consent
to the transfer of the building permit, impact, sewer, etc.
related fees as described and set forth herein above.
a es E. organ, pBu pingr,,oniciiai
rILt No. We oyr[( Ukj 10:44 IU:L�HN WI(TER FINANCIAL 212 392 2887 PAGE 4
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dames-•r'.-Morgan,--Duilding,Official
Mr. ben:iett• Douchet, Finance Director
City of Cape Canavpral '
105 Polk Avenue
P.O. Box 326 ,
Cape Canaveral, FL 32920
YL[wnL nnfLY tO �11p4110YIIN0
L
Ll ally—.ilii, _✓
Re:.Application for Transfer of Permit Fees by Sea Era Sands
Development Corporation
Dear Jim and Bennett:
I have reviewed. -.the Ipaquest of Sea Kra Sands Development
Corporation ("Sea Gra-Sands") for the transfer of building permit
fees' and certain* impact fees paid in connection wi Lh building
Permit No. 6413 and Sower Permit No. 1696. The City ordinances d0
not address a situation described'in the request of sea lira Sandi;.
!However, past practice appears to have provided a reasonable
solution whereby the permit owner will be allowed a credit for fees
previously paid toward the renewal or re-application of a building
permit fee and impact fees for the same property.
One exception to tha crediting exists with respect to the plan
check fee on the building permit application. Since the building
inspector must review a different set- of plans and specifications,
the amount previously paid for the plan check fbe should not: be
credited and the permit- applicant may be required to pay another
plan check fee.
If you have any questions, please advise.
Sincerely,
John R. Kancilia
JRK/yLl
cc: 6d Spenik, City Manager
SITE PLRN REVIEW w"SNBNT
FOR SSA ENA SNGDNDO
ENGINEERING MINN DEPOSIT PEE
IMIC 003149 - 09/15/95
INVOICE 003154 - 10/34/95
PROJECL $ 9506] -
$450.00 RECD 07/21/95
;405.00) PD CE $19$$0 -$450.00
4235.00, --el; %led )C Ptvw s \�
(428.ao i" 3�3D
>'�3h�ed ���G1Qlo
CITY OF CAPE CANAVERAL
P.O. Boz 326
CAPE CANAVERAL, FL 32920
(407) 868.7
TO
SEA ERA SEGUNDO -
---C/O-SUSANNE "CONK MED ...___ ........_ ._.____.
7600 RIDGEWOOD AVENUE
1/19/96 IoE—HS
0249
SALEEPEP9OX
iQai�blyrylllyv3..�!`
DATESHIPPEOSMIPPFD IF B. ENNT
�+�.. �Yd'7 EPLEIPTI..
BALANCE PER INVOICE / 0258 (DATED 10/26/95)
ADDITIONAL ENGINEERING SERVICE FEES DUE FOR SITE PLAN
REVIEW FEES PER INVOICE /003184 DATED 10/26/96
TEEMS
UNEP TOTAL
235 00
418 00
03
TNBVE000CT
1
TOTAL BALANCE DUE AS OF 1/19/96
653
00
FAWULI1.0 SL. ..`.
TRIPLICATE
03
TNBVE000CT
1
I
CITY OF CAPE CANAVERAL
P.O. Box 326
CAPE CANAVERAL, FL 32920
(407) 8694040E 868-1234
TO
$ea_ Era ...Segundn_ —.. _.... _.....__
l c/o Susanne Conry Reed
___76.00.._Rid9Ive
Cape.._ Csnaveral,....PL32920._ ....._--
��MO0 C [a
0258
ORDER W.
SALESPEPSON
Q ITV
--...
GATE SHIPPED SHIPPED VIA B. POIM
LESCPIPTION
------- "ditional._engineering service_feea d for It€_—
TERMS
UNIT PRIG TOTAL
///��� EJ TMuveooucr aRixtED ox REcreiEo vivER.
TRIPLICATE
YYY�U(W.}V//LLLKKK/// OU/
r
_ Stottler Stagg rs Associates
.J Architects Engineers Planners Inc.
Florida Maryland
- 8680 N. Atlantic Avenue P. 0. Boz 1630 Cape Canaveral, Florida 32920-1630 (407) 783-1320 Fax (407) 783-7065
City
of Cape Canaveral Invoice Date:
10/26/95
P.O.
Box 326
Invoice No :
003184
105
Polk Avenue
Client No :
RC1075
Cape
Canaveral,
FL 32920-0326 Project No :
95062
`
Invoice for Services
Through October 25, 1995
Compliance Review of Revised Site Plan Submittal for Sea Era Segundo
per Letter of Authorization dated October 4, 3.995
Project Director 2.00 hrs @ $80.00 $160.00
Jr. Engineer 4.00 hrs @ $55.00 220.00
Word Processor 1.00 hrs @ $38.00 38.00
TOTAL DUE THIS INVOICE $418.00
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UpA
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''� : 1;�$ •2,?8. ir7i'� — @x, ��� E.: ��Js+pu-��t', �,c.e. ��1�96
ai an/y`2�.
}� %�9. � ��h%C�rth✓kD
6 �— 9 Me.A
Juristl lDLon of
'p7OCITY OF CAPE CANAVERAL
N
, 6413 105 Polk Avenue m
TELEPHONE: (4071 783-1391 Cllr• 7i /7JR9�Oc n o
JOB ADDRE55�
73M Aiftewolnd
N.I PHAS I_
DATE: 12-29-_89
LOT NO. -
BLK.
TRACT
LEGAL
1 .E'ER.
7, 8:& 9
40
("]SEE ATTACH€O SHEET)
Avon By T'tie Sea
Owner Milling Address
zIP Phone __.--
2 Soa Era SandE,-Rev.-Corp ..P—Q --Bmc 318 Cape Canaveral_,_
£L 32920- '783-2182 -
Gen. Contr. MaBng Aaerru
ononeLicense No:
3 J.E. Snowden 4125 Alachua Ave, Titusville,FL 453-9559
or 267-4586 CGC006902_
Elect Contr. Mailing Address
.Phone Llc¢nze ,n
I
4 to be determined'
Plmb. Cont, Ming AOtlresz
lli
pbon¢ License No.
5 Sawyer Plumbing -P. O. Box 1102 Cocoa FL 32922_
632_-7707 RFID036735
Mach. Corti. Ma111n9 Address
L cense
6 to be deter^&Ded
".`trgyJj
Rush, Cunt,. ,,,- etanieg Adoes,
I +o e
7 N/A
���pppp
Specially Cont.. l Olney ma.�, rim..
-- Irmo. LCease Ra.
On
8 N/A
USE OF BUILDING
9. Residential [IADDFIION
I]ALTERATION ❑REPAIR ❑MOVE ❑REMOVE
11 Describe work:
__Constxvet 4_ Storv, 12 Units Building, Utilities and 14 Car Parking_Geragea,.,
Note: _You must provide'tW office with M(liner drawings per_attartled
NOTE: REQUIRED INSPECTIONS MUST BE ARRANGED
12 Valuation of work:- $1,011,257.60
TEL: 783-1'391, ALLOW 8 HOURS RESPONSE TIME
SPECIAL CONDITIONS:-.
Type of
CBS
ocu Par,
R-3
--
Must confoxm to attached maro fron
c t.
crop,
D'.i:ion
City'fire Impactor,
ship' Bing26,244.
(Total) sa_. Ft.
n:nr
snores 4
M..'_-__.
o s. L.nad
-SEE ATTACHED
_
SETBACKS:F R HIS LS
Fire
Zone
UseF
Zone
re Sprinklerf
Be [I VCs F -,Nn
AVpli.ti.b ACCepled By:
Plans Checked By:
n
APpr.-d For In ce By
-
I
-
OFFSTREET PA BIKING
PACES REQUI RED
J. Morgan
Salle
Sage
Nn. of 12,a.<
Dwelling unit:
Eby e ed 14
-u-=r-j-2-4
N O T I C E
Spedal Approvals Required
Recalsed Not Renu Ued
ZONING
-
FOUNDATION SURVEY SHALL BE SUBMITTED NO LATER THAN FOUR
DAYS AFTER PLACEMENT OF SLAB. ..
.HEALTH DEPT.
Vi
EI RE DEPT.` -
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION
AUTHORIZED ISNOT COMMENCED WITHIN 6MONTHS. OR IF CONSTPUP
SOIL REPORT-
-
n
'1 TION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 6
MONTHS.
OTHER Ispedfyl
-
5 THE CERTIFY THAT I HAVE READ AND EXAMINED THISAPPLICAI ION
1 AN(JKNOW THE SAME TO BE TRUE AND CORRECT, ALL PROVISIONS OF ..
PERMITS & FEES CODES
LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE
COMPLIEDWITH WHETHER SPECIFIED HEREINOR NOT. THE GRANTING
ankh., $ ,J.60. Soume:n Standard"
OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR
-CAN
.Elect- 520.00Nq(ionalE o.'
EkT EPROV NS -9F AN OTH ER ST ATE O R LOCAL LAW flEGU-
Plumbing 1,600.00 $tantlatl Pl b g"
LFTINGO C1_7TION OR FORMANCE OF CONST C
Mecnankal 480,00 sannad mooa'caP..-.
gsign am contractor or AUthorleed Agent IDate).
-_O
omer -T,-0-80. T' Plan Check
.Fee
�sgpattre or Owner Lir owner Bwleeq (Date)
TOTAL $8, 618.66- s adopted by ominande.
rsxe 17paCt kee DJ/—UJ $1 26U.UU kare 1Rpact Cee Jo/—uD 51 ZbU. UU Radon Trust Fund $2tiB.bb
THIS APPLICATION, WHEN SIGNED, BECOMES A PERMIT TO START WORK: -
d39a 9/
IF 6' ��^s� w rn OP ICTAL w`,
M,0
"'CITY"OF CAPE CANAVERAL
BUILDING DEPARTMENT
} Sanitary Sewer Permit
F.�L'a'bStO.D: ++11 p���ss d
Date 12-29-89 ^.y Permit � � 1696
Issued to Sea Era Sands Development Corp. _
+Address P. O. Poor 118 Cape Canaveral, FL 32920
}7b'UOX
�a�.xv�2riite510 H(Ltxvxnl QUP�MAaF
For one connection at _. �( )� Legal Description
^Lot 7,8 99 Block - 40 — Subd. AyMnby- the -SPQ
clae6alva0nn F-3 BP No. 6413
8 A units X 3 Bathzrorns es. - 24 Bathrooms
Single Dwelling .l B units X 2 Batta-cil = 8..Bath OCIl ...
Total. of 32 Bedzorns
Multiple Dwelling — Class I ( x k class 11,(' ) I
No. units No. units
Hotel or Motel (. )Public Bldg.//
No units
Trailer Park ( ) Detr t.,
_\ No. units
o^`\qUU�\` d'„Vhf`yp-�V�" [[��G'yID?$•Indty.talial cemarSeaaer Impact Fee, $18,228.00
A Iy Han SeefeTap Fee, 25.00 r $18,253.00
School
x
/
�1 - d cion of perm ss'on Dwain
Sea F7a�SaLds Day. -C”>• do '
h by agree to construct said work in compl ance with the Provisions of the Plutnhing Ordinance
\'lNYlr� f he ry of Care \averal.\ 1 d/: I/!1 } k" /
Address
own.,PI Ger
`� Id(n9 OHidal. I �
i'
CITY OF CAPE CANAVERAL
BUILDING DEPARTMENT
Sanitary Sewer Permit
Date Sept. 25,,.1992 R"W
Permit WA 1796
Issued to
Address
For one conn net 7600
Rid
I Denription
Lot
as
Fra Patin
Hemet;
Claalacation
B.P.
#7846
Single Dwellinq X 4
Baths
Extra Baha
Multiple Dwelling — Cbn 1 (
}.
Cba
Na, unitrdg
No.
unit.
Hotel w Motel (
I publicNe.
�ninewer
Impact
Fee $$2,089.2
Trailer Park ( I Dnnnitoryransferred
from
N..unit.ewer
PermitAsmmbly
Hall
Canine
Industrial Scholl
In mrmidarathnt of permiaion given as
hereby agree to .,wo said work in mmplbna erilh the pn*isions of the Pltunwn ordbano
of the City o 4pe Canaveral, Florida.
Signed Address
Owner Pl.b,,
uildine Offidel
CITY OF CAPE CANAVERAL
BUILDING- DEPARTMENT
Sanitary Sewer Permit
fia X$s.:oox
Dat, September 25, 1992 Permit W.� 179P
Issued to Sea Era Sands Development Cor oration _
Address F1R Harrier &vp"llp, fa e Canave ral Ft
For one connection of _ 7 F t n D r( \\
'—^—S rf a nU Legal Description
Lot 7 Block Subd
mm�e
--'--
B.P. 7847
Single Dwelling x 4 Baths E.". Bath.
Multiple Dwelling
— Claes I ( ): Class II ( ) _...
No. units ' No. unit.
Hotel or M., (
) Public Bldg.
No. units� Sewer impact Fee $2,089.28
Trailer Park (
) Dormitory, / Transferred from
No.
units Sewer Permit sa"1694
Assembly Hall
Commercial)
Indundal
Sdwl
in ee-shh ral;on of
permission given j
de
hereby agree to construe said work in eo nep liana with the OF the Plumbing Ordinance
provisions 9
of the City of Cape Canaveral,
Ploi,da.
Signed
Ownm
Addreaa y
Plu`mjlb�er�—`—�$
Offc,al
CBuilding
i E ++11
�11- �� r
J
i '"i",'F'-s'E ri.
MEMORANDUM �i//�
Date: October 1, 1996 Cep y
To: G. J. Moran, Building Official
From: Susan Chapman, Secretary
Re: SEA ERA SANDS - SEWER IMPACT FEE CREDIT
As per your request, I have researched the appropriate files regarding sewer
impact fee credit applied for the above referenced property and will advise you
of the information obtained:
1. Building Permit #6413 issued to construct a (4) story, (12) unit
condominium building at 501 Harrison Avenue - Building was never
constructed and permit was voided.
2. Sewer Permit #1696 issued for the above referenced (12) units - The sewer
impact fees were paid in the amount of $18,253.00, since the building was
never constructed, the fees were transferred (as per city attorney's letter
dated June 8, 1992) to Sea Era Patio Homes (7600-7670 Ridgewood
Avenue).
3. Sewer Permits Issued for Sea Era Patio Homes: amount
transferred
#1796
7600 Ridgewood Avenue (constructed)
$2,089.28
#1785
7610 Ridgewood Avenue (constructed)
2,089.28
#94-00187
7620 Ridgewood Avenue (permit voided)
2,210.04
#9400188
7630 Ridgewood Avenue (permit voided)
2,210.04
#94-00192
7640 Ridgewood Avenue (permit voided)
2,210.04
#9400191
7650 Ridgewood Avenue (permit voided)
2,210.04
#94-00190
7660 Ridgewood Avenue (permit voided)
2,210.04
#94-00189
7670 Ridgewood Avenue (permit voided)
2,210.04
$17,438.80
SEA ERA SEGUNDO
MEMO RE: TRANSFER OF SEWER IMPACT FEES
OCTOBER 1, 1996
-PAGE 2
4. The above Sewer Permits that were voided was due to the fact that the
units were not constructed within the (6) month time -frame from the date
of permit issuance. However, the sewer fees will remain transferred to
those addresses.
5. The remaining amount of the sewer impact fees previously paid and not
transferred is $789.20. Please note that sewer impact rates have
increased since the time the sewer permits were issued. These fees will be
adjusted upward along with the sewer connection tap fee of $25.00 per
unit which will be assessed at time of permitting.
6. Letter from Attorney John Kancilia Qune 8,1992) states that "-... past
practice appears to have provided a reasonable solution whereby the
permit owner will be allowed a credit for fees previously paid toward the
renewal or re-application of a building permit fee and impact fees for the
same property. This is not the case since the property is transferring
ownership and the permit for the (4) story (12) unit condominium will
not be renewed or re-applied for because the parcel has been replatted for
the project name "Sea Era Segundo" to construct (6) townhouse units.
The site plan for Sea Era Segundo (530-540 Tyler Avenue) was approved
by the Planning & Zoning Board on October 25,1996 and the preliminary
plat re -approved on September 25,1996.
Should you have any questions or additional research is necessary, please
advise.
SLC
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FILE COPY
REiNMAN HARRELL GRAHAM MITCHELL & WATTWOOD, P.A,
77 E. Merritt Island Cswy.
Merritt Island, Florida 32952
(407) 453-4081
S -0'73
DISTRIBUTION
Mayor
City Council
City Mg, L
Pub. Works Dir.
9uildin Olf.
Finance Dir.
THIS FACSIMILE TRANSMI5320N CONTAINS CONFIDENTIAL AND/OR
LEGALLY PRIVILEGED INFORMATION FROM THE LAW FIRM OF REINMAH,
HARRELL, GRAHAM, MITCHELL & WATTWOOD, P.A., INTENDED SOLELY
FOR THE USE OF THE INDIVIDUALS) NAMED ON THIS TRANSMISSION
SHEET. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE
NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR THE
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HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE NOTIFY US DY
TELEPHONE IMMEDIATELY SO THAT WE CAN ARRANGE FOR THE RETURN
OF THE DOCUMENTS TO US AT NO COST TO YOU.
To:
Name: 146U-bL
Firm: l'i�-0
&'naw, 0
Fax No.: -�'qq .3 ) -}o
�C Pages (Including Cover)
From: /Il ."d;na
Reisman, Narrall, Graham, Mitchell & Wattwood, P.A.
Phone: (407) 453-4081
Fax. (407) 453-7252
'�-rL;-ut,
If you experi¢n_A a problem with this transmission, please
contaot (I,j11-Xn�(,' at (407) 453-4081.
Time �',j1L_am/pm
Client # Matter # Operator"
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LAW OFFICES
REINMAN, HAEEELL, GRAHAM, MITCHELL & WATTWOOD
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July 30, 1992
City of Cape Canaveral
105 Polk Avenue, P.O. Box 326
Cape Canaveral, FL 32920
Attn: James Morgan,
Building Official
RE: Sea Era Homeowners Association, Inc.
Dear Jim:
n! 6JY Y4rx nxL3
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P16aDC A[PYY TO nanglYP 191.xD
Joe Scott submitted revised Bylaws for Sea Era Homeowners
Association, Inc. for review of this office. Mr. Scott has
addressed the comments of my letter to you dated July 16, 1992 and,
therefore, the Articles, Bylaws and Declaration of Restrictions and
Protective Covenants appear to be in order.
Very truly yours,
KavinP. Markey
KPM/cle
cc: JOB Scott, Esquire
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07/16/92 15:52 '6`407 453 7252 REINMAN HARRELL ... CITY/CAPE CAN. IM 002
3u5igess
LAW OFFICHS / VO
NPUBMAN, BAHHELL, GRAHAM, MITCHELL & WATTWOOD
A PUOPESSIONAL ASSOCIAIION
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July 16, 1992
James Morgan, Building Official
City of Cape Canaveral
105 Polk Avenue, P.O. Bax 326
Cape Canaveral, FL 32920
RE: Review of Sea Era Segundo Proposed Bylaws
Dear Jim:
UPO BOT aWWe Oe1
xeLpoUape, ff
Iwunw Deem.
(ml) lM
IJ8 (m l) pM OND
As noted in my previous correspondence, the Bylaws were not
submitted along with the Articles of Incorporation and Declaration
of Restrictive Covenants previously reviewed by this office.
Following my review of the Bylaws as submitted to me today, I have
•�' the following comments:
1. There appears to be a conflict between the Restrictive
Covenants and the Bylaws in that Article III, Section 3 of the
Restrictive Covenants provides that the Developer shall have the
sole and exclusive right to elect the board of directors of the
Association until such time as 50& of the lots have been sold or
until the Developer voluntarily relinquishes control. however, in
the Bylaws, Article III provides that the homeowners may replace
one director so selected by the developer when 5% of the units "in
the homeowners are sold" (sic). Notwithstanding the apparent
typographical error, the mechanism to determine the directors of
the Association appears ambiguous at best.
2. There is a reference in Article III, Section C(3) to
Chapter 718 of the Florida Statutes. Chapter 718, Florida Statutes
deals strictly with condominium associations and therefore any
reference thereto should be deleted unless this Association is, in
fact, a condominium organized pursuant to that Statute. Otherwise,
Chapter 617, Florida Statutes (Florida Not For Profit Corporation
Act) will apply. In addition, there are other references to "the
Act" (e.g. Article IV, paragraph H which I assume means the
Condominium Act). Again, this Act does not apply to this
development unless the development is a condominium created under
the authority of Chapter 718, Florida Statutes.
James Morgan, Building Official
City of Cape Canaveral
July 16, 1992
Page 2
Also note that a reference to the Common areas as provided in
all the documents and defined in the Declaration of Restrictions
and Protective Covenants must be attached thereto by exhibit. This
exhibit was not included in the documents submitted to this office
for review and, therefore, I suggest the City familiarize itself
and be Comfortable with:
1. The common areas for which the Association will be
responsible; and
2. The assessments and maintenance costs associated with the
common areas.
Very truly yours,
Kevin P. Markey
KPM/Cle
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LAW O"ICES
REINMAN, HARRELL, GRAHAM, MITCHELL & WATTWOOD
A FRWESSIOXA ASSOCUTIon
JOHN J.
NNOORDI Nersssw+
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July 9, 1992
James Morgan, Building Official
City#of Cape Canaveral
105 Polk Avenue, P.O. Box 326
Cape Canaveral, Florida 32920
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ME sOV]H Vi pHHDA uH
LEOnHNE. HIDI
RE: Sea Era Articles of Incorporation and Declaration of
Restrictions and Protective Covenants
Dear Jim:
Following my review of the above referenced documents, which
were submitted to me at the Planning and Zoning Meeting on the
night Wednesday, July 8, 1992, I find that the documents are
generally in order. However, note that Ordinance 503.03(b)
provides that the bylaws of the Association shall also be submitted
to this office for review. No bylaws were submitted and,
therefore, I suggest that the applicant be advised that approval of
their plat is contingent upon submission and approval of all
homeowner association documents, including the bylaws.
Very truly yours,
V-(,..._
Kevin P. Markey
KPM/cle
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LAW OFFICES
REINMAN, HARRELL, GRAHAM, MITCHELL & WATTWOOD
A PROFESSIONAL ASSOCIATION
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August 6, 1992
Faith Miller, City Clerk
City. of Cape Canaveral
105 Polk Avenue, P.O. Box 326
Cape Canaveral, FL 32920
Re: Sea Era Homeowners Association
Dear Faith:
m!i I6L e8D u
8888IR ISLAAD� HLOBIDG 98368
IiOi) NS-tl1Y
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PL43H eI PLVtliO M6mR ISL MD
Enclosed for your records please find copies of the Articles
of Incorporation, Bylaws and Declaration of Restrictions and
Protective Covenants for Sea Era Homeowners Association. I
apologize for the delay in sending these documents to you. If I
can be of any further assistance, please do not hesitate to call.
Very truly yours,
ristina Eways
Legal Assistant to
Kevin P. Markey, Esquire
/cle
Enclosures
ARTICLES OF INCORPORATION
OF
SEA ERA HOMEOWNERS ASSOCIATION, INC.
We, the undersigned, for the purpose of forming a not-for-
profit corporation in accordance with the laws of the State of
Florida, acknowledge and file these Articles of Incorporation in
the Office of the Secretary of the State of Florida.
ARTICLE I
NAME
The name of the Corporation shall be SEA ERA ASSOCIATION,
INC. For convenience, the Corporation shall herein be referred to
as the Association.
ARTICLE II
PURPOSES AND POWERS
The Association shall have the following powers:
A. To manage, operate and administer SEA ERA HOMEOWNERS
ASSOCIATION, INC. and to undertake the performance of, and to
carry out the acts and duties incident to, the administration of
the SEA ERA HOMEOWNERS ASSOCIATION, INC. in accordance with the
terms, provisions, conditions and authorizations contained in
these Articles. The Association's By -Laws and any and all other
Agreements and Deed Restrictions.
B. To borrow money and issue evidences of indebtedness in
furtherance of any or all of the objects of its business; to
secure the same by mortgage, deed of trust, pledge or other lien.
C. To carry out the duties and obligations of the
Association.
D. To establish By -Laws and Rules and Regulations for the
operation of the Association and to provide for the formal
administration of the Association.
E. To contract for the management of the SEA ERA HOMEOWNERS
ASSOCIATION, INC.
F. To acquire, own, operate, mortgage, lease, sell and
trade property, whether real or personal, as may be necessary or
convenient in the administration of the SEA ERA HOMEOWNERS
ASSOCIATION, INC.
G. The Association shall have all the common law and
statutory powers of a corporation not-for-profit which are not in
conflictwith the terms of these Articles, and the law of
Florida, and shall have all the powers reasonably necessary to
implement the purposes of the Association.
ARTICLE VI
DIRECTORS
A. The Association's affairs shall be managed by an Initial
Board of Directors composed of three persons in accordance with
Article III of the Association's By -Laws.
B. The number of Directors to be elected,the manner of the
election and their respective terms shall be as set forth in the
Associations By -Laws in Article III. Should a vacancy occur on
the Board, the remaining Directors shall select a member to fill
the vacancy until the next annual meeting of the membership.
C. Those persons named in the above numbered paragraph
shall constitute the Initial Board and the shall hold office for
the term and in accordance with the provisions of Article III of
the Association By -Laws.
ARTICLE VII
OFFICERS
The affairs of the Association shall be administered by the
Officers designated in the By -Laws, who shall serve at the
pleasure of said Board of Directors. The names and addresses of
the Officers pursuant to the provisions of the By -Laws are those
parties listed in Article V above.
ARTICLE VIII
BY-LAWS
The By -Laws of the Association shall be adopted by the
initial Board of Directors. The By -Laws may be amended in
accordance with the provisions thereof, except that no portion of
the By -Laws may be altered, amended, or rescinded in such a
manner as will prejudice the rights of the Developer of the
Townhome or mortgagees or units without their prior written
consent.
ARTICLE IX
AMENDMENTS TO ARTICLES
Amendments to these Articles shall be proposed and adopted
in the following manner:
A. Notice of the subject matter of any proposed amendment
shall be included in the notice of the meeting at which the
proposed amendment is to be considered.
B. A resolution for the adoption of a proposed amendment
may be proposed either by the Board of Directors, acting upon the
vote of a majority of the Board of Directors, or by the members
of the Association. In order for any amendment or amendments to
be effective, same must be approved by an affirmative vote of the
members having 758 of the votes of the Association.
C. No amendment shall make any changes in the
qualifications for membership nor the voting rights of the
members, without approval in writing by all members and the
;
joinder of all record owners of mortgages upon the units.
D. A copy of each amendment adopted shall be filed within
ten (30) days of adoption with the Secretary of State, pursuant
to the provisions of applicable Florida Statutes.
ARTICLE X
INDEMNIFICATION
Every Director and every Officer of the Association shall be
indemnified by the Association against all expenses and
liabilities, including counsel fees reasonably incurred or
imposed upon the Director or Officer in connection with any
proceeding or any settlement thereof to which the Director or
Officer may be a party, or in which the Director or Officer being
or having been a Director or Officer of the Association, whether
or not a Director or Officer at the time of such expenses are
incurred except in such cases wherein the Director or Officer is
adjudged guilty of willful misfeasance or willful malfeasance in
the performance of the Director's or Officer's duty; provided
that in the event
onl of when athelemento Board ofthe
Directors approves indemnification
herein
shall apply
approvessuch
y
settlement and reimbursement as being for the beat interest of
the Association. The foregoing right of indemnification shall be
in addition to and not exclusive of all rights to which such
Director or Officer may be entitled.
ARTICLE XI
INITIAL REGISTERED OFFICE, AGENT AND ADDRESS
The principal office of the Association shall be 518
Harrison Av., Cape Canaveral, FL 32920. or at .such other place,
within or without the State of Florida as may be subsequently
designated by the Board of Directors. The initial registered
agent therein is Tony La Rosa.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
this day of June, 1992.
Signed, Sealed, and Delivered
in the presence of;
Tony La Rosa
Sharon Bogan
Sharon K. Hellenga
I . .
STATE OF FLORIDA:
COUNTY OF BREVARD:
BEFORE ME, personally appeared Tony La Rosa, Sharon Bogan,
and Sharon K. Hellenga to me well known to be the persons
described herein and who executed the foregoing instrument, and
acknowledged before me that they executed said instrument for the
purpose herein expressed.
WITNESS my hand and official seal, this day of June,
1992.
My Commission Expires:
Notary PublrC, State OT FL
Certificate of Registered Agent
Pursuant to Chapter 98.091, Florida Statutes, the following
is submitted in compliance with said Act: SEA ERAS HOMEOWNERS
ASSOCIATION, INC. desiring to organize under the laws of the
State of Florida, with its principal office, as indicated in the
Articles of Incorporation, in the city of Cape Canaveral,
Florida as its agent to accept service of process for the above
stated corporation, at the place designated in this Certificate.
I hereby accept to act in this capacity and agree to comply with
the provisions of said Act relative to keeping open said office.
Tony La Rosa, Registerd Agent
lzegLsejI , �E R
K" Sog scoff
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BY-LAWS
ARTICLE I
IDENTITY
These are the By -Laws of SEA ERA HOMEOWNERS ASSOCIATION,
INC. a Florida Not -For Profit Corporation, hereinafter referred
to as the ("Association").
ARTICLE II
PURPOSES
This Association has been organized for the purpose of being
a homeowners association for the purpose of operating, hoverning
adnimistering and managing the property and affairs of SEA ERA
ESTATES HOMEOWNERS ASSOCIATION (the "Homeowners"), and to
exercise all powers granted to it as a corporation under the laws
of the State of Florida, these By -Laws, the Articles of
Incorporation, and the Deed Restrictions.
ARTICLE III
DIRECTORS AND OFFICERS
A. Directors
1. The affairs of th
Board of Directors composed of
the first Board of Director
Incorporation and need not be
e Association shall be managed by a
three (3) persons. The members of
s are designated in the Articles of
members of the Association. -*haT-
r hectors elected by the unit owners other
than the Developer. Additionally, unit owners other than the
Developer shall be entitled to elect two (2) directors either
three (3) months after thirty (30%) percent of the units have
been sold; three (3) years after twenty (208) percent of the
units have been sold; or when all of the units have been
completed, some of them have been conveyed to purchasers and none
of the units are being offered for sale by the Developer in the
ordinary course of business, whichever shall be the first to
occur. The Developer shall be entitled to elect at least one (1)
director as long as the Developer holds for sale in the ordinary
course of business at least two (2) units in the development.
Until such time as the unit owners other than the
Developer shall be entitled to elect all of in t e Directors,
Developer shall have the absolute right,
absolute
discretion and at any time, to remove any Director selected by
the Developer and to replace the Director so discharged.
2. Direstors shall be elected by the members at the
annual meeting of
next
annual meeting and until dhold
office it lthiersuccessorsareelected ands shall
qualify.
3, At least fourteen (14) days before each annual
meeting of members, a complete list of members entitled to vote
at such election, together with the addresses of each, shall be
prepared by the Secretary. Such lists shall be maintained at the
to the
office of the Association for fourteen (14) days prior
annual meeting of members, for the examination of every member of
the Association and shall be produced and kept at the time and
place of the annual meeting of members, subject to the inspection
rights of any member who may be present. At the first annual
meeting of the members, Directors shall be elected for a term of
one (1) year.
4. Directors, other than the initial Board of
Directors, shall be elected as follows:
a. Nominations shall be from the floor at the annual
membership meeting, and a vote shall be had by written, secret
ballot. The election of each Director shall be had by written,
secret ballot. The election of each Director shall require a
plurality of the votes of those members voting, either in person
or by proxy, at the election. All of the Directors shall be
elected at the same meeting.
b. Directors shall be members of the Associatithe on,
except that this provision shall not apply
designated to be the first Board of Directors by Article VI of
the Articles of Incorporation.
B. Officers
The Officers of the Association shall consist of a
President, a Vice President, a Secretary, and a Treaandsurer, any
her
of whom may be members of the Board of Directoch
rs,
Officers as the Board of Directors may appoint. The President
must be a member of the Board of Directors. The officers named
in the Articles of Incorporation shall serve, unless removed and
replaced by the Developer, until the first meeting of the Board
o
of Directors held subsequent to the first annual meeting of
members, and at such meeting the Board of Directors shall elect
the aforesaid officers. Officers elected at the first meeting of
the Board of Directors held subsequent to the first annual
meeting of members, shall hold office until the next and ensuing
and
sannualuccessorseshall havetbeeneelectedfandishallrqualify,until their
C. Resignation Vacancy Removal Compensation
1. Any Director or Officer of the Association may resign
at any time, by instrument in writing. Resignations shall take
effect at the time specified therein, and if no time. is
specified, at the time of receipt by the President or. Secretary
of the Association. The acceptance of a resignation shall not be
necessary to make it effective. A resignation shall be deemed to
have occurred upon termination by the Director or Officer of
membership in the Association.
2. Subject to the right of the Developer to replace
Directors selected by the Developer, when a vacancy occurs on the
Board of Directors, the vacancy shall be filled by the remaining
members f the
i next
electing aperson who shall Directors
shall serveuntila the a e meeting,
nextannual meeting
of the members.
When a vacancy occurs in an office for any cause
before an Officer's term has expired, the office shall be filled
by the Board of Directors at its next meeting by electing a
person to serve for the unexpired term.
3. Any Director may be recalled and removed from office,
with or without cause, upon a special meeting held by at least
758 of the unit owners for that purpose, except that the
Directors elected by the Developer shall not be affected by this
provision.
4. Upon an affirmative vote of a majority of the members
of the Board of Directors, �.a
with o mar ins
5. No compensation shall be paid to Directors or
Officers for their services as Directors or Officers.
ARTICLE IV
POWERS AND DUTIES OF THE ASSOCIATION AND THE EXERCISE THEREOF
The Association shall have all powers granted to it by law,
the Deed Restrictions to which these By -Laws are attached, and
the Articles of Incorporation, all of which powers shall be
exercised by its Board of Directors unless the exercise thereof
is otherwise restricted by the Deed Restrictions, these By -Laws,
ir by law;
butnd the shall notrbeentioned Powers limited to, the following:
Association shall
following
A. All of the powers specifically provided for in the Deed
Restrictions.
B. The power to levy and collect assessments, based on a
budget formally adopted by the Board of Directors. It is
understood, however, that the failure of the Board of Directors
or the members of the Association to adopt a budget shall not
impair or affect the members obligations to pay
the common expenses of the Homeowners.
C. The power to acquire, operate, lease, manage and
otherwise trade and deal with property, real and personal,
including units in the Homeowners, as may be necessary or
nt of
convenient
accomplishingetheepurposesration nset afo thein the Deed Homeownershe
Deed
inRestrictions.
D. The power to expend monies collected for the purpose of
paying the common expenses of the Association.
E. The power to purchase equipment, supplies, and material
required in the maintenance, repair, replacement, operation, and
management of the common elements.
F. The power to insure and keep insured the buildings and
improvements of the Homeowners as provided for and limited by the
Deed Restrictions.
G. The power to employ the personnel required for the
operation of the common elements and the Association.
H. The power to contract for the management of the
Homeowners.
I. The power to make reasonable rules and regulations and
to amend them from time to time, and to see that all members are
notified of such changes in the rules and regulations as may be
enacted.nt of the Homeowners.
J. The power to improve the Homeowners property, subject to
the limitations of the Deed Restrictions.
K. The power to enforce by any legal means the provisions
of the Articles
f
ws, the
ed
Restrictions, andtheRulescoandr a
Regulations dulypromulgatedeby
the Association.
L. The power to collect delinquent assessments by suits or
otherwise, and to abate nuisance and enjoin or seek damages from
unit owners for violation of the provisions of the Deed
Restrictions and its Exhibits.
M. The power to pay all taxes and assessments which are
liens against the common elements, and to assess the same against
the members and their units.
N. The power to deal with and approve or disapprove all
conveyances or leases of condominium units as provided for under
the Deed Restrictions. No fee shall be charged in connection
with a transfer, lease or sale or approval in excess of the
expenditures reasonably required for the transfer, lease or sale,
and imposedsin connectionxpense ll not with anexceed $-00. Noextensionor renewalcorrlease. be
0. The power to select depositories for the Association
funds, and to determine the manner of receiving, depositing and
disbursing Association Funds, and the form of check and the
person or persona by whom the same shall be signed, when not
signed as otherwise provided by these By -Laws.
P. The power to possess, enjoin, and exercise all powers
necessary to implement, enforce and carry onto effect the powers
above described, including the power to acquire, hold, mortgage,
convey and deal in real and personal property.
Q. The power to enter into, ratify, modify and amend each
and every of the agreements and undertakings contemplated by and
contained within the Deed Restrictions to which these By -Laws are
attached.
R. Therson tfirm, corporationndenter
or
preal estate management
with any p
agent of any nature or kind to provide for the maintenance,
operation, repair and upkeep of the Homeowners property. Said
contract may provide that the total operation of said managing
agent, firm, or corporation shall be at the cost of the
Association. Said contract may further provide that the managing
agent shall be paid from time to time a reasonable fee, either
stated as a fixed fee or as a percentage of the total cost of
of thenAssociationthandlede repair
and managedkbypr of the themanaging otal agent.
funds
agent
ARTICLE V
DUTIES OF OFFICERS
A. The President shall:
1. Act as Presiding Officer at all meetings of the
membership of the Association and of the Board of Directors.
2. Call special meetings of the Board of Directors and
of members.
3. Sign all checks, contracts, promissory notes, deeds,
and other instruments on behalf of the Association, except those
which the Board of Directors specifies may be signed by other
persons.
4. Perform all acts and duties usually required of an
executive to insure that all orders and resolutions of the Board
of Directors are carried out.
5. Appoint committees and be an ex -officio member of
all committees, and render an annual report at the annual meeting
of members.
B. The Vice President shall:
1. Act as Presiding Officer at all meetings of the
membership of the Association and of the Board of Directors when
the President is absent.
2. Perform all other acts and duties required of the
President, in the absence of the President.
3. Perform such other duties as may be required by the
Board.
4. Sign checks on behalf of the Association in the
absence of the President.
C. Should the President and Vice President be absent from
any meeting, the remaining Directors shall select a person to act
as chairman of the meeting.
D. The Secretary shall:
1. Attend all regular and special meetings of the
members of the Association and of the Board of Directors and keep
all records and minutes of proceedings thereof or cause the same
to be done.
2. Have custody of the corporate seal and affix same
when necessary or required.
3. Attend to all correspondence on behalf of the Board
of Directors, prepare and serve notice of meetings, keep
membership books and receive all applications for membership, for
transfer and lease of units, and present such applications to the
Board of Directors for consideration.
4. Perform such other duties as the Board may determine
and on all occasions in the execution of his duties, act under
the supervision, control and direction of the Board of
Directors.
5. Have custody of the minute book of the meetings of
the Board of Directors and of the members, which minute book
shall at all reasonable times be available at the office of the
Association for inspection by members, or their authorized
representatives, and by the Directors, as act as transfer agent
to record transfers and rules and regulations in the corporate
books. The minutes of all meetings of the Board of Directors and
of the members shall be retained by the Secretary for a period
of not less than seven (7) years.
E. The Treasurer shall:
1. Receive such monies as shall be paid into his hands
for the accounts of the Association and disburse funds as may be
ordered by the Board, taking proper vouchers for such
disbursements, and be custodian of all securities, contracts,
leases, and other important documents of the Association which he
shall keep safely deposited.
2. Supervise the keeping of accounts of all financial
transactions of the Association in books belonging to the
Association, and deliver such books to his successor. He shall
prepare and distribute to all of the members of the Board of
Directors, at least ten (10) days prior to each annual meeting of
the Board of Directors, and whenever else required, a summary of
the financial transactions and condition of the Association for
the preceding year. He shall make a full and accurate report of
the matters and business pertaining to his office to the members
at the annual meeting of members and make all reports required by
law.
3. The Treasurer may have the assistance of an
accountant or auditor, who shall be employed by the Board of
Directors. In the event the Association enters into a management
agreement, it shall be proper to delegate such of the Treasurer
'functions to the management agent as is deemed appropriate by the
Board of Directors.
4. Budgetary meetings: The Board of directors shall mail
a meeting notice and copies of the proposed annual budget to the
members not less than thirty (30) days prior to the meeting of
the Board of Directors at which the budget will be considered.
The members shall be given written notice of the time and place
of the meeting of the Board of Directors at which the budget will
be considered and such meetings will be open to members. If an
adopted budget requires assessment against the members in any
fiscal or calendar year exceeding 1158 of the assessments for the
preceding year, the Board of Directors, upon written application
of ten (108) percent of the members to the Board of Directors,
shall call a special meeting of the members within thirty (30)
days, upon not less than ten (10) days written notice to each
member. At the special meeting, members may consider and enact a
budget by a majority vote of all members. In determining whether
assessments exceed 1158 of similar assessments for prior years,
any authorized provisions for reasonable reserves for repair or
replacement of the Homeowners property, anticipated expenses by
the Association which are not anticipated to be incurred on a
regular or annual basis, or assessments for betterments to the
Homeowners property shall be excluded from the computation.
5. Quorum: The presence, either in person or by proxy,
or one-third (1/3) of the members of record of the Association
shall be requisite for, and shall constitute a quorum for, the
transaction of business at all meetings of members.
6. Adjourned meetings: If any meetings of members
cannot be organized because a quorum has not attended, the
members who are present, either in person or by proxy, may,
except as otherwise provided for by law, adjourn the meeting to a
time not less than 48 hours from the time the original meeting
was called.
7. Voting: At every meeting of the members, each
member present, either in person or by proxy, shall have the
right to cast one vote on each question. The vote of the
majority of those present, in person or by proxy, shall decide
any question brought before such meeting, unless the question is
one upon which, by express provision of statute or of the Deed
Restrictions a different vote is required, in which case such
express provision shall govern and control.
8. Proxies: A member may appoint a proxy. Any proxy
must be filed with the Secretary before the appointed time of
each meeting and such proxy shall bevalid only for the
particular meeting designated in the proxy and any lawfully
adjourned meetings thereof. In no event shall such proxy be
valid for a period longer than ninety (90) days after the date of
the first meeting for which it was given and every proxy shall
be revocable, at any time, at the pleasure of the member
exercising it.
9. Waiver and consent: Nothing herein shall be
construed to prevent a member from waiving notice of a meeting or
acting by written agreement without a meeting, and such waiver
and action by written agreement are hereby expressly permitted.
Meetings of Directors:
1. Organizational meeting: The first meeting of a newly
elected Board of Directors shall be held Within ten (10) days of
election at such places as shall be fixed by the Directors at the
meeting at which such Directors were elected, and no notice shall
be necessary to the newly elected Directors in order to legally
constitute such meeting, provided a majority of the whole Board
of Directors shall be present.
2. Annual meetings: There shall be an annual meeting
of the Board of Directors immediately prior to the annual meeting
of the members, at the offices of the Association.
3. Regular meetings: The Board of Directors may
establish a schedule of regular meetings to be held at such
place as the directors may designate, in which event no notice
need be sent to the Directors once said schedule has been
adopted.
4. Special meetings: Special meetings of the board of
Directors may be called by the President, on three (3) days'
♦n —, nir<rrnr. aiven or_rsonally or by mail, telephone
or telegraph, which notice shall state the time, place and
purpose of the meeting. Special meetingsof the Board of
directors shall be called by the President or Secretary in like
manner and on like notice upon the written request of at least
two-thirds of the Board of Directors.
5. Notice to members: All meetings of the board of
directors shall be open to members. Notice of the time and
purpose of all meetings of the Board of Directors shall be
conspicuously posted at the Homeowners property at least 48 hours
prior to each meeting, except in cases of emergency.
6. Waiver of Notice: Before or at any meeting of the
Board of directors, any Director may, in writing, waive notice
of such meeting and such waiver shall be deemed equivalent to
the giving of such notice. Attendance by a Director at any
meeting of the Board of Directors shall be deemed a waiver of
notice by him at the time and place thereof.
7. Quorum: At all meetings of'the Board of Directors,
a majority of the Directors shall constitute a quorum for the
transaction of business, and the acts of the majority of the
Directors present at a meeting at which a quorum is present shall
be the acts of the Board of Directors. If, at any meeting of
the Board of Directors, there be less than a quorum, the majority
of those present may adjourn the meeting from time to time. At
any such adjourned meeting, any business which might have been
transacted at the meeting as originally called may be transacted
without further notice.
ARTICLE VIII
PROCEDURE
A. Roberts Rules of Order (latest edition) shall govern
the conduct of corporate proceedings when .not in conflict with
the Deed Restrictions, the Articles of Incorporation, the By -Laws
of the Association or with applicable Florida Law.
B. The order of business at annual member's meetings and as
far as practical at other members' meetings will be:
1. Election of Chairman;
2. Roll Call;
3. Proof of Notice of meeting; or Waiver of Notice;
4. Reading of Minutes of Prior Meeting;
5. Officers' Reports;
6. Committee Reports;
_ .. � r__�. _F �.� ni mt��fi nn•
8. Elections;
9. Unfinished Business;
10. New Business; and Adjournment.
ARTICLE IX
ASSESSMENTS AND MANNER OF COLLECTION
A. The Board of Directors has the sole power to and shall
from time to time fix and determine the amounts necessary to pay
the common expenses include those expenses described in the Deed
Restrictions and any other expenses designated as common expenses
by the Board of Directors, under the authority and sanction of
the Deed Restrictions.
B. The Board shall adopt a budget for the Association and
Homeowners during the month preceding the fiscal year wherein the
budget will take effect, which budget shall include a schedule of
assessments to be paid by the members. Each member shall be
responsible for the payment of the assessments imposed against
his unit in an amount equal to the percentage of responsibility
for payment of common expenses provided in the Deed Restrictions.
C. Regular assessments shall be paid by the members on a
monthly basis, payable on the first day of each and every month.
D. Special assessments should they be required by the
Board of directors, shall be levied and paid in the same manner
as regular assessments, unless the Deed Restrictions shall
otherwise provide.
E. When the Board of Directors has determined the amount of
any assessments, the Secretary shall transmit a statement of
such assessment to each member. Until further notice,
assessments shall be made payable to the Association.
Assessments are necessarily made upon projections and
estimates of the Board of Directors, and may be in excess of, or
less than the sums required to meet the cash requirements of the
Homeowners and the Association, in which event the Board of
Directors may increase or diminish the amount of an assessment
of each member of his proportionate share for any deficiency.
Notice of all changes in assessments shall be given to all
members.
F. Assessments shall not include charges for utilities
separately charged and metered to each unit, nor charges for
alterations, repairs, maintenance, improvements, or decorating
within the interior of any unit.
G. Assessments not paid with ten (10) days from the date
due shall bear interest from the date when due until paid at the
rate of fifteen (1550 percent per annum. Additionally, the
failure to pay any assessment within ten (10) days from the dater
due shall entitle the Association to levy a Twenty-five ($25.00)
Dollar late charge against the defaulting member.
H. In the event an assessment is not paid within ten (10)
days of the date same shall be due and payable, the association,
through the board of directors, may proceed to enforce and
collect said assessments from the delinquent member in any
manner provided for by the Act, the Deed Restrictions and these
By -Laws. Each member shall be individually responsible for the
payment of assessments against his unit and for the payment of
reasonable attorneys' fees and costs incurred by the Association
in the collection of sums due and the enforcement of any lien
held by the Association.
I. If the proposed annual budget is not adopted prior to
the start of the new fiscal year, and assessment shall be
presumed to be made in the amount or the last prior assessment
and monthly installments on such assessments shall be due upon
each installment payment date until changed by an amended
assessment.
ARTICLE X
FISCAL MATTERS
A. Fiscal year: The fiscal year of the Association shall
begin in January of each year, provided, however, that the Board
of Directors shall be authorized to change to a different fiscal
year, in accordance with the provisions of the Internal Revenue
Code of the United States of America, at such time as the Board
of Directors, and shall deem it advisable.
B. Depositories: The funds of the Association shall be
deposited in a savings and loan association or bank or banks in
County, Florida, in an account for the Association under
resolutions duly approved by the board of Directors, and shall be
withdrawn only over the signature of the authorized Officers.
Said funds shall be used only for Association purposes.
C. Fidelity Bonds: Fidelity bonds shall be required for
all directors, Officers and employees of the Association,
handling or responsible for Association funds. The premium for
such bonds shall be paid for by the association.
D. Records: The Association shall maintain accounting
records according to good accounting practice, which records
shall be open to inspection by members at reasonable times. Such
records shall include a record of receipts and expenditures for
each member which shall designate thename and address of the
of >anh assessment, the amounts paid upon the
benefit of any mortgage holders or lien holders who have
notified the Association of their liens, and to which lien
holders the Association will give notice of default, if
requested.
E. Annual report: an audit of the accounts of the
association shall be made annually bean auditor, accountant or
certified Public Accountant and a copy of the report of such
audit shall be furnished to each member no later than the first
day of April following the fiscal year for which the report is
made. The report shall be deemed to be furnished to the member
upon its delivery or by mailing to the member at his last known
address as shown on the books and records of the Association.
F. Insurance: The Association shall procure, maintain and
keep in full force and effect, all insurance required by the
Deed Restrictions pursuant to the provisions of the Deed
Restrictions.
ARTICLE XI
ADMINISTRATIVE RULES AND REGULATIONS
The Board of Directors may, from time to time, adopt rules
and regulations governing the details of the operation and use of
the common elements, and such other rules and restrictions as
are designed to prevent unreasonable interference with the use
of the units, limited common elements and common elements by the
members and all members shall abide thereby, provided that said
rules and regulations shall be equally applicable to all members
and uniform in their application and effect.
ARTICLE XII
VIOLATIONS AND DEFAULTS
In the event of a violation, other than nonpayment of an
assessment by a member, of any of the provisions of the Deed
Restrictions, these By -Laws, the Rules and Regulations of the
Association, the Articles of Incorporastion or any provision of
the Act, the Association, after reasonable notice to cure not to
exceed ten (10) days, shall have all rights and remedies
provided by law, including without limitation (and such remedies
shall or may be cumulative) the right to sue for damages, the
right to seek injunctive relief, and in the event of the failure
to pay assessments, the right to foreclose its lien provided in
the Act and in every such proceeding, the member at fault shall
be liable for court costs and the Association's reasonable
attorney's fees. If the Association elects to enforce its lien
by foreclosure, the member shall be required to pay as
reasonable rent for his condominium unit during litigation and
the Association shall be entitled to the appointment of a
receiver to collect such rent. A suit to collect unpaid
assessments may be prosecuted by the Association without waiving
the lien securinq such unpaid assessments.
ARTICLE XIII
AMENDMENT OF BY-LAWS
Subject always to the provisions of the Declaration of
condominium, these By -Laws may be amended, modified or rescinded
in accordance with the Deed Restrictions or by a resolution duly
adopted by a majority of the Board of Directors at any duly
called meeting of the Board of Directors, and thereafter
submitted to the members at any duly convened meeting of the
members and approved by a 758 vote of the members present in
person or by proxy, provided there is a quorum, and further
provided that notice of the proposed amendment is given in the
notice of the meeting, and further provided that the voting
requirements of the Deed Restrictions are met in full, in the
appropriate cases. Notice of the meeting may be waived in
writing by any member. Amendments to these By -Laws may be
proposed by the Board of Directors, acting upon the vote of a
majority of the Directors, or proposed by members of the
Association having a majority of the votes in the Association.
No amendment shall discriminate against any unit owner nor
any class or group of unit owners unless the unit owners so
affected shall consent. no amendment shall be made that is in
conflict with the Articles of Incorporation or the Declaration
of condominium. No amendment which affects the Developer may be
adopted or become effective without the prior written consent of
the Developer. No amendment which affects the rights of
mortgagees may be adopted or become effective without the prior
written consent of the Institutional mortgagee having the
highest dollar value of mortgages encumbering units in the
Homeowners. No By -Law shall be revised or `amended by reference
to its title or number only. Proposals to amend existing By -Laws
shall contain the full text of the By -Laws to be amended; new
words shall be inserted in the text and underlined and words to
be deleted shall be lined through with hyphens. However, if the
proposed change is so extensive that this procedure would hinder,
rather than assist, the understanding of the proposed amendment,
it is not necessary to use underlining and hyphens as indicators
of words added or deleted, but, instead, a notation must be
inserted immediately preceding the proposed amendment in
substantially the following language: "Substantial re -wording of
By -Law. See By -Law Article for present text." Non-
material errors or omissions n the By -Law process shall not
invalidate an otherwise properly promulgated amendment.
A copy of each amendment shall be attached to a certificate
certifying that the amendment was duly adopted as an amendment of
the By -Laws, which certificate shall be executed by the Officers
of the Association with the formalities of a deed. The amendment
shall be effective when such certificate and a copy of the
amendment are recorded in the Public Records of Brevard County,
Florida.
ARTICLE XIV
VALIDITY
If any portion of the By -Laws shall be adjudged invalid,
such fact shall not effect the validity of any other By -Law.
The foregoing was adopted as the By -Laws of SEA ERA
HOMEOWNERS Aq$gCIATION INC, a not -for profit Florida
corporation; at \aCmieting of,;'the members of said Association duly
noticed, at which all members were present, by the unanimous vote
of the members on the day of 1992.
President
Secretary
DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS
FOR
SEA ERA PATIO HOMES
THIS DECLARATION is made this day of ,
1992 by"SEA ERA SANDS DEVELOPMENT CORPORATION, the owner of the
property, who declares that the real property described in
Article I, is and shall be held, transferred, sold, conveyed, and
occupied subject to the covenants, restrictions, easement,
charges, and liens as set out herein. The Restrictions and
Covenants are to run with the land and shall be binding upon all
parties, entities, and all persons owning units in SEA ERA PATIO
HOMES or claiming an interest under them.
If the owners of such lots or any of them, or heirs, or
assigns, shall violate any of the covenants hereinafter set out,
it shall be lawful for any other person owning real property
situate in such subdivision to prosecute any proceedings at law
or in equity against the person or persons violating any of such
covenants, and either to prevent him/her from so doing or to
recover damages for such violation or both.
ARTICLE I
PROPERTY SUBJECT TO THIS DECLARATION
1. LEGAL DESCRIPTION: The real property, which is and
shall be held, transferred, sold, conveyed, and occupied, subject
to this Declaration, is located in the City of Cape Canaveral,
Brevard County, Florida, and is more particularly described as:
Lots 1, 2, 6, and 7, Block 40 of
Avon -By -The -Sea, according to the
Plat thereof, as recorded in Plat
Book 3 at Page 7 of the Public
records of Brevard County, Florida
ARTICLE II
The following words when used in this Declaration (unless
the context shall prohibit) shall have the following meanings:
A.
"Owner's Association",
"Townhouse Association",
"Homeowner's
Association"
shall mean
and refer to SEA ERA
HOMEOWNERS
ASSOCIATION,
INC., a
Florida Not -tor -Profit
Corporation.
B. "Properties"
shall
mean and
refer to all such existing
properties
and additions
thereto
as are subject to this
Declaration.
C. "Common Areas" or "Access Areas" shall mean and refer to
certain real property and improvements thereto as described in
Exhibit "A" attached hereto and incorporated herein by the
reference. "Common Areas" are intended to be conveyed in fee
simple of the Association, subject to the provisions of this
Declaration.
D. "Lot" shall mean and refer to certain real property and
improvements thereon as located in the above described in the
legal description. Lots are intended to be conveyed to Owners in
fee simple, subject to the provisions of this Declaration.
E. "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of the fee simple title
to any lot.
F. "Member" shall mean and refer to all those Owners who
are members of the Association, as provided in Article III,
paragraph 2 hereof.
G. "Developer" shall mean and refer to Sea Era Sands
Development Corporation, their heirs, or assigns.
H. "Board of Directors" shall mean and refer to the Board
of Directors of the Association.
I. "SEA ERA PATIO TOWNHOMES" shall mean and refer to the
development which is described BY THE ABOVE Legal Description.
ARTICLE III
SEA ERA HOMEOWNERS, ASSOCIATION, INC.
1. ESTABLISHMENT: There shall be established an
"Association", composed or record owners of each lot. The
Association shall be SEA ERA HOMEOWNERS ASSOCIATION, INC., a
Florida Not -for -Profit corporation. The Association shall
administer the operation, repair, and maintenance of the "Common
Areas" of the Development and collect from the owners of the lots
the necessary amounts to pay all common expenses, such as
maintenance of the common area and if necessary items such as
utilities, water and sewerage, garbage collection, fire and
extended coverage, and liability insurance, if feasible. The
Association shall have all the power and duties set forth in this
Declarations, its Articles of Incorporation and By -Laws and the
powers as granted by the laws of the State of Florida to
Corporations Not -fox -Profit.
2. MEMBERSHIP: Every person or entity, who is a record
owner of�r undivided interest in any lot, shall be a
member of the Association. Whenever a member shall cease to be a
record owner, such member shall automatically be terminated.
Notwithstanding anything else to the contrary set forth in this
Declaration, any such person or entity who holds such interest
merely as security for the performance of any obligation, shall
not be a member of the Association.
3. VOTING RIGHTS: The Association shall have two classes
of voting mem er-6 sT
Class A: Class A members shall be all those Owners as
defined in Article III, Paragraph 21 with the exception of the
Developer. Class A members shall be entitled to one (1) vote for
each lot in which they hold the interests required by membership.
When more than one person holds such interest or interests in any
lot, all such persons shall be members, and the vote for such lot
shall be exercised by one such member as specified in the
Articles of Incorporation and/or the By-Laws of the Association,
but in no event shall more than one (1) vote be cast with respect
to any such lot.
Class B: The Class B member shall be the developer. The
Class B members shall be entitled to one (1) vote for each lot
in which it holds the interest required for, membership by
Paragraph 2, provided however, and notwithstanding any provision
to the contrary, the Developer shall have the right to elect the
Board or Directors of the Association until such time as fifty
percent (508) of the lots subject to this Declaration, have been
sold or until the Developer voluntarily relinquishes control,
whichever first occurs.
4. VOTING LIMITATIONS: Although each part owner of lot is
defined as a Member of t e Association, when counting votes by
the membership each lot is entitled to just one vote. In the
event that lot owners are unable to arrive at or determine which
member is the voting member, then such lot shall relinquish its
vote until such time as a member is designated as the voting
member.
ARTICLE IV
PROPERTY RIGHTS IN THE COMMON AREAS
1. MEMBERSHIP EASEMENTS: Each member of the Association
and each tenant, agent, an nvitee of such Member shall have a
permanent and perpetual easement for the use of all common areas
in common with all other Members of the Association, their
tenants, agents, and invitees, subject to the following:
(a) The right and duty of the Association to levy
assessments against each lot for the purpose
of maintaining the Common Areas and facilities
in compliance with the provisions of th,ig Declaration.
These common areas shall include all common 'areas indicated
on the Plat.
The right of an Owner to the use and enjoyment of the Common
Areas and facilities thereon shall extend to the members of his
immediate family who reside with him, subject to regulations from
time to time adopted by the Association in its lawfully adopted
and published rules and regulations.
2. EASEMENTS APPURTENANT: The easement provided in Article
IV, Paragraph I, shall be appurtenant to and shall pass with the
title to each lot.
3. UTILITY AND INGRESS AND EGRESS EASEMENTS: Easements for
installation and maintenance of utilities and for ingress and
egress are reserved as shown on the Plat and Site Plan of the
Properties, Exhibit "A". Within these easements, no structure,
planting, or other materials may be placed or permitted to remain
that will unreasonably interfere with the vehicular traffic or
prevent the maintenance of utilities.
4. PUBLIC EASEMENTS: Fire, police, sanitation or other
public service personnel an vehicles shall have a permanent and
perpetual easement for ingress or egress over and across the
Properties.
5. ASSOCIATION EASEMENTS: For the purpose of performing
its duties, the Board of Directors and the Association, through
its duly authorized agents Or employeesor independent
contractors, shall have the right, after reasonable notice to the
Owner, to enter upon any lot at reasonable hours. In the event
of an emergency, such right of entry shall exist without notice.
ARTICLE V
MAINTENANCE ASSESSMENTS
1. CREATION OF A LIEN AND PERSONAL
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Properties, hereby covenants, and each owner of any lot, by the
acceptance of a deed therefor, whether or not it shall be so
expressed in such deed or other conveyance, shall be deemed to
covenant and agrees to pay to the Association annual assessments
and charges for the maintenance of the common areas, including
such reasonable reserves as the Association may deem necessary;
and -special assessments, such assessments to be fixed,
established and collected from time to time as herein provided.
The annual, special, and other assessments, together with such
interest thereon and cost of collection thereof, as hereinafter
provided, shall be a charge on the land and shall be a continuous
lien upon the property against which each such assessment is
made. Each such assessment, together with such interest thereon
and cost of collection thereof as hereinafter provided shall also
be the personal obligation of the person who was the owner of the
lot at the time when the assessment fell due. All assessments,
both regular and special by the Association, shall be against all
lots subject to its jurisdiction equally.
2. PURPOSE OF ASSESSMENTS: The Assessments levied by the
Association shall be used for maintenance of the common areas,
for capital improvements, to provide insurance, to employ
personnel, such as accountants, to enforce the provisions of this
Declaration and to carry out the purposes of this Declaration.
3. CAPITAL IMPROVEMENTS: Funds necessary for capital
improvements relating to the common areas under the ownership of
the Association may be levied by such Association as special
assessments, upon approval of the Board of Directors of. the
Association and upon the approval of a majority of the Owners
either at a meeting or in writing.
4. MAINTENANCE OF LOT AND IMPROVEMENT THEREON: Each lot
Owner shall comply w th the provisions of th s Declaration, which
include maintaining his property in good condition, in an
appearance conforming to the provisions of this Declaration and
meeting standards that may be enacted by the Board of Director
of the Association. Each lot Owner acknowledged by his
acquisition of an interest in a lot that he agrees that the
Properties in their use and maintenance are to be oriented
towards a clean, orderly, and genial residential community. Each
Owner shall be responsible for the cost, maintenance, repair and
replacement of the structures and grounds located on his lot.
If the Owner fails to maintain his Property as required, he
shall be notified in writing by the Board of Directors and given
five (5) days to bring his lot into conformance with the
standards maintained by the Association. In the' event the Owner
foils to. maintain his property as required, the Association shall
have the right to maintain the property as would have been
required of the Owner and to assess the Owner for the cost of
such maintenance or upkeep. If all such sums due from the Owner
are not paid by said Owner within ten (10) days after being
provided with written notice and demand for payment from the
Association of such costs, the same shall become a lien upon
Owner's lot until paid and may be collected by the Association in
the same manner together with additional similar costs and
interest that may be incurred by a lot Owner in failing to pay
other assessments.
5. ESTABLISHMENT OF- ANNNUALFAb5G55nairia: nnual
4MONOMPIPM. This expense shall be documented in the annuU57
budget of the Condominum as reflected on the line items which
deal with pool maintenance. This amount shall be set initially
at Ten Dollars per month and in no event shall ever be less than
Ten Dollars per month. This assessment shall be .paid directly to
the Condominium Association in advance for the ensuing year. It
is understood that the Condominum Association shall establish the
assessment on a 24 unit basis.
THE EFFECT OF
assessments, interest thereon, advances, costs, and reasonable
attorney's fees incurred by the Association incident to the
collection of such assessment or enforcement of such lien against
the Owner of such lot. The lien shall be effective from and
after the time of recording in the Public Records of Brevard
County, Florida, a Claim of Lien describing the lot, the records
owner(s) and the amount due and the date when due. The Lien
shall continue in effect until all sums secured by the Lien shall
have been fully paid. Such Claims of Lien shall be signed and
verified by an officer or agent of the Association and then shall
be entitled to be recordable satisfaction ofthe Lien. All such
liens shall be subordinate to the lien of a mortgage or other
lien recorded prior to the time of the recording of the Claim of
Lien. The Board of Directors may take such actions as it may
deem necessary to collect assessments by personal action or by
enforcing and foreclosing said lien and may settle and compromise
the same if it deems it in the best interest of the Association.
A delinquent Owner shall pay all costs, including reasonable
Attorney's fees incurred by the Association incident to the
collection of such assessment, together with all sums advanced
and paid by the Association pertaining to such .lot, such as for
taxes, mortgage and insurance. The Lien shall be deemed to cover
additionally said costs and advances, The filing of one action
shall not be a bar the filing of other actions. The Association
through its Board of Directors will be entitled to bid at any
sale held pursuant to a suit to foreclose an assessment lien; and
it may apply as a cash credit against its bid, all sums due the
Association covered by the lien being enforced, and to acquire,
hold, lease, mortgage, and convey the same. In case of the
foreclosure of an assessment lien, the Owner shall be required to
pay a reasonable rental for the unit. The Plaintiff in such
foreclosure action will be entitled to the appointment of a
receiver to collect the same from the Owner or Occupant, or both.
A suit to recover a money judgement for unpaid assessments may be
maintained without waiving the lien securing the same.
Assessments and installments not paid when due shall bear
interest from the date when due until paid at the rate of 12.05
per annum.
8. SUBORDINATION OF THE LIEN TO MORTGAGES: The lien of the
assessment provided for in this Article V shall be subordinate to
the lien of any first mortgage recorded prior to the recordation
of a Claim of Lien for unpaid easements. A mortgage in
possession, a receiver, a purchaser of a foreclosure sale or a
mortgagee that has acquired title by deed in lieu of foreclosure,
and all persons claiming by, through or under such purchaser or
mortgagee, shall hold title subject to liability and lien of any
assessment becoming due after such foreclosure or conveyance in
lieu of foreclosure. Any unpaid assessments which cannot be
collected as a lien against any lot by reasonofthe provisions
of this Paragraph shall be deemed to be an assessment divided
equally among, payable by, and a lien against all lots subject
to assessment by the Association, including the lots as to which
the foreclosure ( or conveyance in lieu of foreclosure) took
place.
9. EFFECT ON DEVELOPER: Notwithstanding any provision that
may be contained to the contrary in this instrument, for as long
as the Developer is the owner of any lot, the Developer is not
liable for assessments against such lot, provided that the
Developer funds any deficit in operating expenses by the
Association. Developer may at any time, commence paying such
assessments as to lots that it owns and thereby, automatically
terminate its obligation to fund deficits in the operating
expenses of the Association.
10. DUTIES OF THE BOARD OF DIRECTORS: Except for the
initial assessments, the Board of Directors of the Association
shall fix the date of commencement and the amount of the
assessment against each lot subject to the Association's
jurisdiction for each assessment period, at least thirty (30)
days in advance of such date or period. Written notice of the
assessment shall thereupon be sent to each Owner, subject
thereto.
The Association shall upon demand within a reasonable time,
furnish to an Owner or a Mortgagee of a lot, or both, a
certificate in writing, signed by an Officer of the Association,
setting forth the assessments for the respective lot and the
status of their payments. Such certificate shall be conclusive
evidence of payment of any assessment to the Association therein
stated to have been paid.
The Association through the action of its Board of
Directors, shall have the power, but not the obligation, to
enter into an agreement from time to time with one or more
persons, firms, or associations for management services. The
Association shall have all other powers provided in its Articles
of Incorporation.
ARTICLE VI
GENERAL RESTRICTIVE COVENANTS
1. APPLICABILITY: Provisions of this article shall be
applicable to al ots s tuated within the Properties.
2. LAND USE: No lot shall be used except for residential
purposes. Temporary uses for model homes, parking lots, and/or
sales offices shall be permitted until Developer has sold all
lots.
3. ARCHITECTURAL CONTROL: No building, wall, fence, or
other structure or improvement of any nature shall be erected,
placed, or altered on any lot until the construction plans and
specifications.,and a plan showing the location of the structure
and landscaping shall have been approved by the Board of
Directors of the Association. Each building, wall, fence, or
other structural improvement of any nature, together with the
landscaping shall be erected, placed or altered upon the premises
in accordance with the plans and specifications and plot plan, or
any of them, may be based on any ground, including purely
aesthetic grounds, which in the sole and uncontrolled discretion
of the Board of Directors seems sufficient. Any change in the
exterior appearance of any building, wall, fence, or other
structure or improvement, and any change in the appearance of the
landscaping shall be deemed an alteration requiring approval.
The Board of Directors shall have the power to promulgate such
rules and regulations as it deems necessary to carry out the
provisions and intent of this Paragraph.
4. EXTERIOR APPEARANCE AND LANDSCAPING: The paint,
coating, stains, and of er exter or f In Fsffrng colors on all
buildings and fences shall be maintained without prior approval
of the Board of Directors, but prior approval shall be necessary
before any exterior finishing color is changed. The Owners shall
also maintain, as originally installed by the Developer, the
landscaping, including without limitation the trees, shrubs,
lawns, flower beds, walkways, and ground elevations unless the
prior approval for any substantial change is authorized by the
Board of Directors. Aluminum foil or reflective materials may
not be placed on windows or glass doors.
5. NUISANCES: No noxious or offensive actively shall be
carried on upon tt Re Property nor shall anything be done thereon
which may be or may become an annoyance of nuisance to the
neighborhood or any other lot Owner.
6. TEMPORARY STRUCTURES: No structure of a temporary
character shall be permitted on any lot, temporarily or
permanently, without the prior written consent of the Board of
Directors of the Association.
7. SIGNS: No sign of any kind shall be displayed to the
public view on the Properties, except one sign of not more than
one square foot used to indicate the name of the resident, or
after the Developer has sold all of the lots, one sign of not
more than five square feet advertising the property for sale.
This sign. restriction shall not apply to the Developer until it
has sold all its lots, or a sign identifying the properties as
approved by the Board of Directors.
8.LEASING: The Lessee shall hold tenancy subject to all
of the provi�s of this Declaration and any .and all rules and
regulations of the Board. It shall be the responsibility of the
Owner that his Lessee complies therewith.
9. VEHICLES; All vehicles shall be kept in designated
parking areas and shall be maintained in working condition.
There shall be no storage of boats, boat trailers, recreational
vehicles or the like on the premises.
ARTICLE VII
PARTY WALLS
1. GENERAL: Each wall built as part of the original
construction upon the Properties and placed on the dividing line
between the lots thereof, shall constitute a party wall and each
Owner shall own that portion of the wall which stands on his own
lot with a cross easement of support of the other portion.
2. SHARING OF REPAIRING MAINTENANCE: The cost of the usual
repair and maintenance of a party wall shall be shared equally by
the Owners, who make use of the wall.
3. DESTRUCTION BY FIRE OR OTHER CASUALTY: If the party
wall is destroyed or damaged by fire or other casualty , any
Owner who has used the wall may restore the same, but no greater
dimension of said party wall, or of any extension, or restoration
thereof, shall be placed upon the land of the other owner, then
existing prior to such fire or other casualty without the written
consent of the other owner. If the other Owners thereafter make
use of the wall, they shall contribute to the cost of restoration
thereof in proportion to such use without prejudice; however, to
the right of any such Owners to call for a larger contribution
from the others under any rule of law regarding liability for
negligent or willful acts or omissions.
4. WEATHERPROOFING: Notwithstanding any other provisions
of this Article, any owner, who by his negligence or willful act,
causes the party wall to be exposed to the elements, shall bear
the whole cost of furnishing the necessary protection against
such elements.
5. RIGHT TO CONTRIBUTION RUNS WITH LAND: The right of any
Owner to contribution of any other Owner under this Article shall
be appurtenant to the land and shall pass to such Owner's
successors in title.
6. DISPUTES AND ARBITRATION: In the event of any dispute
arising concerning a party wall, or under the provisions of this
Article, the parties shall appeal to the Board of Directors. The
Board, if the Board so desires, may hold a special meeting to
attempt to arrive at a compromise solution.
If one party does not agree with the Board's decision, or if
the Board decides not to consider the dispute then each party
shall choose one Arbitrator and such Arbitrators shall choose one
additional Arbitrator and the decision of a majority of all the
Arbitrators shall be final and conclusive of the question
involved.
7. LIENS: Amounts owed under this Article shall be
enforceable gy lien as provided in these Restrictions and
Covenants.
ARTICLE VIII
GENERAL PROVISIONS
1. DURATION: The covenants and restrictions of this
Declaration s—:a11 run with and bind the land, and shall inure to
the benefit and be enforceable by the Developer, the Association,
or the Owner of any land subject to this Declaration and their
respective legal representatives, their successors and assigns,
for a term of 99 years from the date this Declaration is
recorded, after which time said covenant shall be automatically
extended for successive periods of ten (10) yearseach, unless an
instrument, to the contrary, signed by the then Owners of two-
thirds of the lots have been recorded. Provided further that in
the event the provisions herein are declared void by a Court of
competent jurisdiction by reason of the period of time herein
stated for which the same shall be reduced to the maximum term
allowable by law.
2. NOTICE: Any notice required to be sent to any member or
owner under tTi—e-provisions of this Declaration, shall be deemed
to be property. sent when personally delivered or mailed, postage
prepaid, to the last known address of the person, who appears as
a member or owner on the rules of the Association at the time of
such mailing.
3. ENFORCEMENT: Enforcement of these. covenants and
restrictions shall be at any proceeding at law or in equity
against any person or persons violating or attempting to violate
any covenant or restriction, either to restrain violation or to
recover damages, and against the land to enforce any lien created
by these covenants; and failure by the Developer,, any
Association, or any Owner to enforce any covenant or restriction
herein contained shall in no event be deemed a waiver of the
right to do so thereafter.
4. SEVERABILITY: Invalidation of any. one of these
covenants or restrictions by judgement or Court Order shall in no
way effect any other provisions which shall remain in full force
and effect.
5. AMENDMENT: In addition to any other manner herein
provided for the amendment of this Declaration, the covenants,
restrictions, easements, charges, and liens of this Agreement may
be amended, changed, added to, derogated, or deleted at any time
from time to time upon the execution and recordation of any
instruments executed by: (1) Developer, for so long as it holds
title to any lot affected by this Declaration; or (2) by Owners
holding not less than two-thirds vote of the membership in the
Association, provided that so long as the Developer is the Owner
of any lot affected by this Declaration, the Developer's consent
must be obtained.
6. EFFECTIVE DATE: This Declaration shall become effective
upon its record�ninn the Brevard County Public Records.
7. ATTORNEYS FEES AND COSTS: In connection with any
litigation, including appellate proceedings arising out of this
Declaration, the prevailing party shall be entitled to recover
reasonable attorney's fees and costs from the non -prevailing
party.
IN WITNESS WHEREOF, the undersigned has hereunto set his
hand and seal on the date indicated below.
SEA ERA SANDS DEVELOPMENT
CORPORATION.
by
WITNESS Sharon Bogan, President
WITNESS
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me, this
day of , 1992 by Sharon Bogan, known
to me to be t e Presr ent of SEA ERA SANDS DEVELOPMENT
CORPORATION and the person making the above statement.
My Commission Expires:
NOTARY PUBLIC, STATE OF FLORIDA
City of Cape Canaveral
105 POLK AVENUE • P.O, B0%326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 407/183.1100
FAX 407/199-3170
M E M O R A N D U M
DATE:
July
9, 1992
TO:
Faith
Miller,
City Clerk
504
FROM:
Susan
Nelson,
Secretary of the Planning
& Zoning Board
THROUGH:
James
E. Morga%-"Building
Official
RE: Final Plat for Sea Era Segundo
I
At the Planning & Zoning Meeting held on July 8, 1992, the Board
members, by majority vote, recommended approval of the Final Plat
for Sea Era Segundo with 'the contingency that the submitted Deed
Restrictions/Protective Covenants/Articles of Incorporation, being
reviewed and approved by the City Attorney:
Please place the Final Plat for Sea Era Segundo on the next
scheduled Council Meeting Workshop Agenda.
I have included the milar and six copies of the final plat to be
included with the agenda packets.
If you have any questions, please let me know.
PRINTED ON RECYCLED PAPER
BRILEY WILD
AND ASSOCIATES
June 25, 1992
CC 92022-9CE
Mr. James E. Morgan
Building Official
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Re: Final Plat Review: "Sea Era Segundo"
Dear Jim:
The comment included within our correspondence of June 6, 1992 has been satisfactorily
addressed No further review of the final plat is required.
Sincerely,
BRILEY, WILD & ASSOCIATES, INC.
CONSULTING ENGINEERS & PLANNERS
Scot�011
E.
Assistant meeting
SRS/lhm
Enclosure
8641, Wild and Aaeaciera. Inc.
eenwlti,p En,hr a na and Planner
1610 Nur U.S. Highway One
PO Box 607
Omand Beech. I 32175
901/672-5660 • FA% 909/6/3-8264
m Enacerin. Gexwere:.
oelm+a Baecn. Ormm s OrmM 6vecn. FL
City of Cape Canaveral
105 POLK AVENUE • P.O. 00K 320
CAPE CANAVERAL. FLORIDA 32020
TELEPHONE (407) 868-1221
DATE: (/YIP
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THE CRY OF GAPE CANAVERAL SUPPOINS PECVCLING
PpWTEO ON RECYCLED PAPER
City of Cape Canaveral
105 POLK AVENUE • P.O. DO 326
CAPE CANA VERA L, F LORI DA 33930
TELEPHONE 40]/)83 1100
FAX 407n99 31 70
June 23, 1992
Mr. Scott Spooner, P.E.
Briley, Wild & Associates
P. O. Box 607
Ormond Beach, FL 32074
Re: Sea Era Segundo - Revised Final Plat
I have enclosed two (2) copies of the Revised Final Plat for the
above referenced project for your review.
We hope that all of your comments have been satisfactorily
addressed with regard tothis particular project.
This project will be presented to the Planning & Zoning Board on
June 24, 1992.
Please return one (1) copy red -lined depicting any additional
comments.
Please address all relating correspondences to this office only.
No copies shall be provided to architect/engineer/owner. Please
provide an estimateofcharges incurred for your review.
If you have any questions or desire additional information, please
contact the City of Cape Canaveral, Building Department, 105 Polk
Avenue, Cape Canaveral, Florida 32920, telephone (407) 868-1222.
JEM/sln
enclosures
ncerely,
aures E. Morgrgan
Building Official
PRINTED ON RECYCLED PAPER
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June 10, 1992
Mr. James E. Morgan
Building Official
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL. 32920
RE: PLANNING d ZONING BOARD MEETING AND ITEMS RELATED TO SEA ERA SANDS
Dear Mr. Morgan:
Regarding our previous conversation, due to conflicting circumstances, we
respectfully request that you table our bearings scheduled for June 10,
regarding the Revised Site Plan, Final Replat, etc. and reschedule for
June 24, 1992.
This will allow us additional time to prepare and submit our proposed De-
claration of Covenants, Conditions and Restrictions.
Thank you in advance for your usual cooperation.
Sincerely,
SEA ERAS S DEVELOPMENT CORPORATION
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R. • oa iscb, Agent
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BRILEY WILD
AND ASSOCIATES
June 6, 1992
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Mr. James E. Morgan
Building Official
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Re: Final Plat Review: "Sea Err Segundo"
I Dear Jim:
We have reviewed the referenced project for compliance with the City's final plat requirements and
offer the following comment
1. Please provide the appropriate subdivision or site callout, along with the plat book and page
number for the circled items.
Once this item has been satisfactorily addressed, our review of this project will be complete.
Sincerely,
BRILEY, WILD & ASSOCIATES, INC.
CONSULTING ENGINEERS & PLANNERS
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Assistant Directo Engineering
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Enclosure
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May 27, 1992
Mr. James E. Morgan
Building Official
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 72920
ATTN: James E. Morgan
I, the undersigned, as authorized officer for and:on behalf of Sea Era Sands
Development Corporation, do hereby acknowledge that Richard I. Poenisch has
authorization to execute correspondence and documents for and on behalf of
Sea Era Sands Development Corporation as it pertains and relates to acknow-
ledgments, applications, correspondence, curb cut permits and construction
activities by and between the City of Cape Canaveral and Sea Era Sands
for property located in Block 40, Avon -by -the -Sea Subdivision, City of
Cape Canaveral, Brevard County, Florida.
SEA ERA SANDS DEVELOPMENT RPORATIOM' 7
By
W. A. P isch, Jr.
City of Cape Canaveral
108 POLK AVENUE • P.O. BOX 328
CAPE CANAVERAL. FLORIDA 32920
TELEPHONE <UT )83-1100
May 26. 1992
Mr. Scott Spooner
Briley, Wild & Associates.. Inc.
P. O. Box 607
Ormond Beach, FL 32074
RE: SEA ERA SEGUNDO - FINAL PLAT
Dear Scott:
Enclosed, please find two (2) copies of a final plat for the above
referenced project for your re -review and approval.
The final plat will be brought before the Planning & Zoning Board
on June 10, 1992.
We request that you review the enclosed plan for compliance with
current City engineering standards.
Please return one (.1) copy red -lined depicting all comments to
further expedite coordination through this office.
Please address all relating correspondences to this office only.
-
No copies shall be provided to architect/engineer/owner. Please
provide an estimate of charges incurred for your review.
Should you have any questions or desire additional information,
please contact the Cape Canaveral Building Department, 105 Polk
Avenue, P. O. Box 326, Cape Canaveral, Florida 32920 or telephone:
(407)868-1222.
JEM/sln
enclosures
Sincerely.
4 � �
`r
aures E. Morgan
Building Official
THE CRY OF CAPE G AVER L SUPPORTS RECYCLING
PRINTED ON RECYCLED PAPER
RESOLUTION NO. 92-31
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; APPROVING THE FINAL
PLAT OF "SEA ERA SEGUNDO"; AUTHORIZING THE
MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Sea Era Sands Development Corporation has complied
with the platting procedures of the City of Cape Canaveral,
Florida.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Cape Canaveral, Florida, as follows:
Section 1. The Plat for Sea Era Segundo, Lots 1, 2, 6, and 7,
Block 40 of Avon by the Sea, Section 23, Township 24S, Range 37E,
is hereby approved.
Section 2. The Mayor and City Clerk are nereoy aurnorizeu Lu
execute said plat.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 4th day of August , 1992.
ATTEST:
Miller,C CLERK
Approved as to -Form:
--n Kancilia, CITY ATTORNEY
J y Salamone, MAYOR
M
I
ARTICLE III
MEMBERS
A. Each unit owner in the SEA ERA PATIO HOMES PROJECT and
the Subscribers to these Articles shall automatically be members
of the Association.
B. Membership, as to all members other than the
of le
Subscribers, shall commence upon the acquisition
euisitioing offaedeedpof
title to a unit as evidenced by
conveyance amongst the Public Records of Brevard County.
C. On all matters to which the membership shall be entitled
to vote, there shall be only one vote for each unit, which vote
shall be exercised in the manner provided by the By -Laws.
D. There shall be two classes of .voting members. Class A
shall be all unit owners other than the developer. There shall
be one and only one vote for each lot. Class B shall be the
Developer. The Class B member shall be entitled to one vote for
each lot in which it holds an interest pursuant to Paragraph B.,
however, the Developer shall have the right to elect the Board of
Directors of the Association until such time as fifty (50%)
percent of the lots subject to this Declaration have been sold.
E. The share of a member in the funds and assets of the
Association cannot be assigned,or hypothecatedis r transferred in
any manner except as an app
ARTICLE 1V
EXISTENCE
The Association shall have perpetual existence.
ARTICLE V
SUBSCRIBERS
The names and addresses of the Subscribers to these Articles
of Incorporation shall be as follows:
Tony La Rosa
518 Harrison Av.
Cape Canaveral, FL 32920
Sharon Bogan
1750 Commodore Blvd #2404
Cocoa Beach, FL 32931
Sharon X. Hellenga
2888 Bluff St #275
Boulder CO 80301
a S aron Bogan Tony La Rosa
Sharon