Ordinance 80-081ORDINANCE 80 - ~
AN ORDINANCE AMENDING ORDINANCE 76-30,
PLANNING DISTRICT BY AMENDING THE zON~
ATLAS MAP NUMBERS MI-2, MI-3, AND MI-~
BY CHANGING THE ZONING CLASSIFICATION
THE HEREIN DESCRIBED REAL PROPERTY FR0'~
~PUD" PLANNED UNIT DEVELOPMENT AND "R~3."~
RESIDENTIAL SINGLE FAMILY TO #PUD" ~
PART OF TRACT B, MARCO BEACH SUBDIVISI.~
AND PART OF SECTIONS 5, 6, & 7, T52S,
R26E~ AND BY PROVIDING AN EFFECTIVE DA~
~IEREAS, Hideaway Beach, Ino. pet£t~one~ the Boar~ of
County Commissioners to change the Zonfng Classification of
the herein described real property~
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Flor~da~
SECTION ONE~
The Zoning Classification of the hereinafter descrSbe~
real property in Collier County, Florida is ohanged fr~ "PU~
Planned Unit Development and "RS-3" SSngle Family to "~D"
and ~s subject to all conditions hereinafter described
the Official Zoning Atlas Map Numbers MI-2,.MI-3, an~ M~4
as descr£bed in Or~inance 76-30 are' hereby amended acco~ngl
SECTION TWO~
This Ordinance shall become e££ectivo upon receipt of
notice that ii has beer filed with the Secretary of State.
DATEr August 19. 1980
BOARD OF COUNTY COMMXSSIONERS
COLLIER COUNTY, FLORIDA
BYI ~
COUNTY OF COLLIER )
I, WILLIA}{ J. REAGAN, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that
the foregoinE is a true original of: .
ORDINANCE NO. 80 81
which was adopted by the Board of County Commissioners'during
ReEdlar Session ~ugust 19, 1980.
WITNESS my ha~d and the official seal of the Board of County
Commissioners of Collier County, Florida, this 19th day of August,
1980.
WILLIAM J. REAC, AN
Clerk of Courts and Clerk
Ex-officio to Board of ..................
County Commissioners ~.\ ,. '[ ! ~.,,,,
This ordinance filed with the Secretary of State's Office the'25~h day
of August, 1980 and acknowledgement of that filing received this. 2nd
day of September,By:1980'~'.
PLANNED UNIT DEVELOPMENT
ORDINANCE
FOR
HIDEAWAY BEACH
MARCO ZSLAND, FLORXDA
JUNE, 1980
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
PROPERTY OWNERSHIP & OESCRIPTION
PROJECT DEVELOPMENT
UTILITY SERVICES
RESIDENTIAL GROUP !
RESIDENTIAL,GROUP 2
GOLF COURSE
BEACH CLUB
CONSERVATION AREA
DEVELOPMENT COMMI?TMENTS
PROTECTIVE COVENANTS
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
SECTION VII
SECTION VIII
SECTION IX
ADDENDUM I
PAGE
iii
1
3
13
15
20
23
29
31
EXHIBIT
A
A1
B1
B2
C1
C2
D1
D2
£1
E2
Fl,F2
G
Vtctntty Map.
Overall Master Key Plan
Master Plan -Htdaaway Beach
Master Plan - ~tdeaway Beach 1st. Addition
Topography Map -Htdeaway Beach
Topography Map -Htdeaway Beach 1st. Addttton
Vegetation Hap - Hideaway Beach
Vegetation Map -Htdeaway Beach 1st. Addttton
Internal Roadway Requirements -Htdeaway Beach
Internal Roadway Requirements -Htdaaway Beach
1st. Addttton
Typtcal Roadway Cross-Sections
Estimated Absorption of Dwelltng Untts
Evtdance of Control of Property
tl
STATEHEHT OF COHPLIAHCE
The development of approximately 305 acres of property tn
section S, Sectton 6 and Sectton?, Townshtp 52 South, Range''
26 £ast, ¢olller County Flortda, as a Planned Untt Development
to be known as HIDEAWAY BEACH, wtll comply wtth the planntng and
development objectives of Co111er County, These objectives are
set forth in the Comprehensive Plan, whtch tncludas the Growth
Policy and Offtctal Land Use Gutde, all of whtch were adopted
by the Board of County Commissioners on October 14, 1974.
HIDEAWAY BEACH will meet planning and development objectives for
the following reasons:
This property is directly adjacent to developed property
on two landward sides.
The property ts adequately served by an artertal street,
Kendall Drive, along it's eastern boundary.
The property is anttrely wtthtn the Oeltona Uttltty Company's
water and sewer sarvtca district, who are capable of provid-
ing potable water and waste water treatment for the proposed
development.
This proposed land usa mix is comparable with surrounding
uses.
The project shall comply with the applicable zoning and
subdivision regulations, except where specifically approved
within this PUD, and all other County and State laws deal-
ing with platting and subdividing of property at the ttma
improvements and plat approvals are sought.
ttt
~n¥ requt~ed School [mpec~ Feel Ih&ll be pa~d by ~he
devalopa~ &t the ~tme lo~1 or condominium untie are
developed,
~V
1.01
SECTION l
PROPERTY OWNERSHIP & GENERAL DESCRIPTION
INTRODUCTION AND PURPOSE
It is the intent of Htdeaway Beach, Inc., (hereinafter
called "applicant" or "developer") to establish and .'
develop a planned unit development on approximately .
305 acres of property located in Collter County, Flortda,
on the northwest tip of Marco Island. The Gulf of MeXico
is on the west~ Marco Pass on the norths Collter Bay and
Old Marco and Oeltona's single-family lots on the east and
south. The site is served by Kendall Ortve, a collector
street.
1.02
NAME
The'development will be known as HIDEAWAY BEACH.
1.03
LEGAL DESCRIPTION
The legal description of. the site is as ¢ollows:
Existing Hideaway Beach PUD (211 acres)
Government Lot $ in Section 6, Township $2 South,
Range 26 East~ also, Government lots 3, 4*and 5
in Section 7, Township 52 South, Range 25 East.
All lots are in Collier County, Florida and contain
211+ acres.
Hideaway Beach let. Addition
'Tract B and Lots ! and 2
Tract B and lots'l and g of Blk. 375, Marco Beach Unit
12, according to the plat thereof as recorded in Plat
Book 6, Pg.88 Public Records, Collier County, Florida,
containing 1.74 acres + and porttons of R.O.W of
Kendall Drive adjacent-to Lots 1 & 2 and Tract B.
Government Lots 3 and 4 of Section 6 end Government
Lot 4 6f Section 5, all lytng in Townshtp $2 South,
Range 26 East' Co111er County, Flortda, containing
92 acres, more or less.
1.04
1.05
1.06
~ITLE TO PROPERT~
The 305 acres are owned as follows=
2ii acres {existing Hideaway Beach, PUD) owned by Hideaway
Beach, Inc.
94 acres (Hideaway Beach 1st Addition) owned by Royal
Marco Corporation.
For purposes of this document, however, the ownership
is referred throughout as Hideaway Beach, Inc.
GENERAL DESCRIPTION OF PROPERTiY..AREA
The general location of Hideaway Beach, the current
zoning classifications of the surrounding properties, and
nearby land developments ara iljustrated by Exhibit "A",
Location Map. The site has no existing development. As
indicated in "Introduction and Purpose" the Gulf of
Mexico is on the wast) Marco Pass on the northi Collier
Bay, Old Marco and Daltona's single-family lots on the
east and south, zoned R$-3 and RS-4 respectively.
'PHYSICAK DESCRIPTION
Elevations within the project site range from sea level
to approximtaely seven (7) feet above sea level as
shown on Exhibits "C1" and "C2", Topography Maps.
The vegetation on the site is shown on Exhibits "D1"
and "D2'', Vegetation .Maps and is discussed in detail in
the Environmental Impact Statement submitted with the
Application for Hideaway Beach and approved by the Collier
County Commission,
2.01
SECTION
PROJECT DEVELOPHENT
PURPOSE '
The purpose of thts Section is to generally describe the
project plan of the development and delineate the general
conditions that will apply to the entire project.
2.02
GENERAL PLAN OF DE~ELOPMEN[
The general plan of development of HIDEAWAY BEACH is for a
planned residential community Including a mixture of
single and multi-family dwelling untts with golf course,
tennis, golf and health club, including a beach club, small
convenience store and protected beaches and wetlands.
2.03
CONSERVATION AREAS
The applicant recognizes the tmportancd of setting aside
large areas which are environmentally sensitive. When the
applicant receives all local, state, federal and other
regulatory agency developemnt permits, including fill
permits, and complete development is permitted in accord-
ance with this ordinance as adopted, the applicant shell
file covenants on approximately 108 acres of uplands,
wetlands and open water areas, which are environmentally
sensitive, including approximately two miles of beach
front. The use of this land will be restricted by
covenants for preservation, conservation and limited
recreational use and this area ts identified on the
project developfnant map as the area labeled "Conservation".
No marfnas or yacht basins shal! be developed within
the conservation or mangrove areas. The limits of
these areas shall, tn fact, be included on the record
plat.
2.04
SPECIAL TREATMENT (ST)' REGULATIONS
The adoption of this document shall constitute satisfaction
of the "SPECIAL REGULATIONS FOR (ST) AREAS OF ENVIRONMENTAL
SENSITIVITY" and transfer of the applicant's develop-
ment rights from "ST" lands to "non-ST" lands, tn
compliance with the applicable sections of the Zoning
Ordinance of Collier County to permit development as
herein described. No future transfer of development
rights (TDR's) shall be requested for transfer from
this site.
2.05
SIT£ PLAN APPROVA~
When site plan approv&l t$ required by thts document
the following procedure shall be followed:
a. A written request for stte plan approval shall be.
submitted to the 01rector for approval. The
request shall tnclude materials necessary to
demonstrate that the approval of the site plan
will be in harmony with the general intent and
purpose of this document, will not be injurious to
the neighborhood or to adjoining properties, oe
otherwise detrimental to the public welfare.
Such material may include, but is not 11mtted to
the following, where applicable:
1. Stte plans at an appropriate scale showing
proposed placement of structures on the
property~ provisions for ingress and egress,
offstreet parking and offstreet loading areas,
refuse and service araas~ and raqutred yards
and other open spaces.
Plans showtng proposed locations for utilities
hook-up~
Plans for screening and buffering with references
as to type, dimensions, and character~
4. Proposed landscaping and provisions for trees
protected by County ragulattons~ and
Proposed signs and lighting, including type,
dimensions and character.
2.0G
2.07
LAND USE
Table ! is a schedule of the intended land usa types,
with approximate acreages and total dwelling units
indicated. The arrangement of these land use types
is shown on Exhibits "B1" and "B2", Master Plan.
Variations in acreages shall be permitted at final design
to accommodate topography, vegetation and other site
conditions. Yhe specific location and size of the
individual tracts and the assignment of dwelling units
thereto shall be submitted to and approved by the Director at
the time of Master Plan approval of each development pha'se
as required by the Collier County Subdivision Regulations.
FRACTIONALIZATION OF TRACTS
a. When Hideaway Beach, Inc., sells an entire tract or
a building parcel (fraction of a tract) to a subsequent
owner, Hideaway Beach, Inc., shall provide to the
Director for approval or denial prior to the sale,
a boundary drawing showing the tract and the building
parcel therein when applicable and in the case of
a residential group assigned to the property being
sold. If approval or denial is not issued by the Otrector
within 10 working days, the submission shall automatically
be approved.
b. In the event any residential tract or butldtng parcel
is sold by any subsequent owner, as Identified In
Section 2.07 (&), in fractional parts to other parties
for development;~'the subse, quent owner shall
provide to the Ot~actOr for approval or denial,
prior to the sale of a fractional part, a boundary
drawing showing his originally purchased tract
or building parCel and the fractional pa~ts therein
and the number of dwelling units assigned to each of
the fractional parts, ?he drawings shall also show
the location and size of access to those fractional
parts that do not abut a public street. If approval
or denial is not issued by the Director within 10
working days, the submtssston shall automatically be
approved.
2.08
RESIDENTIAL
The information hereinafter provided identifies each
residential groupl the total acreage per group and the
total dwelling units per group.
a. Group I parcels have a total 116 acres.. A maximum
of 267 dwelling units will be placed on Group I
parcels in accordance with Section 4.
b. Group 2 parcels have a total of 20 acres. A maximum
of 394 dwelling units will be placed on Group 2
parcels in accordance with Section 4.
2.09
PROJECT DENSIT~
The total acreage of the H%DEAWAY BEACH property is
approximately 305 acres. The maximum number of dwelling
units to be built on the total acreage
number of dwelling units per gross acre
TABLE 1
HIOEANAY BEACH
LAND USE SCHEDULE
LAND USE TYPE
APPROXIHATE
ACREAGE
MAXZMUH
NO. OF O.U.'s
RESIDENTIAL
Group 1 (Includes road R.O.~.'s
scattered common
open spaces)
Group 2 (includes developmene
parcels for each bldg.
and road R.O.W. serving
the parcels)
OPEN SPACE & RECREATION
Conservation Area
Golf Course, Tennis &
Golf Club, Health Club,
Convenience Commercial
Beach Club
TOTAL
116 267
20 394
132 (also tncludad
in resJdenttal
areas)
35
2
305 661
2.10
2.11
2.1. The denstty on ~ndtvtdual parcels of land throughout
the project will vary Iccord~ng to the type of housing
placed on each parcel of land.
PERMITTED VARIATIONS Or @NELLING..iUNITS
Each tract shall be permit.ted to be developed with the
maximum number of dwelling units as assigned by Section 2.06
and 2.08 provided that the applicant may increase the
maximums by not more than XO%~ and provided further that
the total dwelling units for the entire project shall
not exceed 661. The Director shall be notified in
accordance with Section 2.07 of such an increase and
resulting reduction in another tract so that the dwell-
ing units will be balanced at 661.
DEVELOPMENT SEQUENCE AND SCHEDULING
The applicant has not set "stages" for the development
of the property. The estimate may of course, change
depending upon future economic factors, It is estimated
that the site will be developed over a $ year period.
However, the construction of single-family homes by
individual lot owners and final construction of
all condominium units may not be completed for several
years hence. Exhibit "G" indicates, by year, the
estimated absorption of units (by unit type) and the
approximate population of the project (assuming full
occupancy) for the estimated 7 year development period,
2.12
RECREATIONAL FACILtTIE$.,,SCH~DU~
The applicant she31 cause the following recreational
facilities to be conStrue'ted sub~ect to obt&tntng ali
permits. The schedule'for development of these fact.l'ltth '
relates to the tssuance of butldtng permits &ccordtng to the
following table. Non-compliance with this schedule will
result tn',wtthholdtng Of &ddtttonal building permits
until compliance is achieved,
FACILITY OR SITE
Beach Club w/pool1
Tennis & Racquetball Courts
BUILDING PERMITS FOR NOT MORE THAN
200 II I 400 661
Golf Course
9 hole
Golf & Tennis P~o Shop
and Clubhouse X
Health Club3
X
Pedestrian Paths
X X
Entrance Gate House
X
1 Beach Club - minimum 4500 sq. ft.
2The Golf and Tennis Clubhouse and
Pro Shop - minimum 1500 sq. ft.
3HEALTH Club minimum 1000 'sq. ft.
2.13
2.'1.4
2.15
AMENDMENT OF OROINANC~
Both the Counts and the developer, with knowledge that the
long range development plan permitted by the ordinance wtl!
not be complete for a period of 7 years, recognize that
exceptions, variances, or amandment~ to this ordinance
may be necessary in the future. Obviously, there may be
changes in planning techniques, transportation methods,
and other factors that would warrant this ordinance being
amended to meet standards of the time. All petitions or
requests for exceptions, variances and amendments shall
conform with the procedures existing at the time of the
application for the exception or amendments.
TREE REMOVAL
All clearing, grading, earthwork, and site drainage work
shall be performed in accordance with the approved PUD
site plan and applicable codas.' Prior to,any such
removal, a site clearing plan must be submitted to the
Director for review an~ approval to insure that said
removal shall be carried out under proper forestry manage-
ment principles. Protected trees shall be flagged, clearly
marked and/or fenced during periods of construction so as
to eliminate or minimize their damage.
DEFINITIONS
Definitions shal.l be as contained in the Zoning Ordinance
of Collier County and in the.deed restrictions contained
in this ordinance. (Addendum !).
3.01
SECTION ZI!
UTILITY SERVICES TO HIOEAWAY BEACH
GENERAL
a. Water Supply and Treatment Facilities
The Deltona Utilities Co,potation is ch&rged with
the responsibility of providing a water system for the
HIDEAWAY BEACH project.
b. Sewerage Treatment Pa¢tltttes
The Oeltona Utilities Corporation ts charged with
the responsibility of providing a sewerage system for
the HIDEAWAY BEACH project.
3.02
SOLID WASTE COLLECTION
Solid waste collection for the HIDEAWAY BEACH project wtll
be handled by the company holding the franchise for solid
waste collection for the county.
3.03
ELECTRIC POWER SERVIC~
3.04
Lee County Electric Cooperative will provide electric servtce
to the entire project.
TELEPHONE SERVICE
Telephone service will be supplied to the HIDEAWAY BEACH
project by United Telephone Company of Florida.
3.05
TELEVISION. CABLE SERVIC~
Television cable service shall be provided by G~lf-Coast
Cable-Vision. Inc. of Naples.
3.06
EASEMENTS FOE UNDERGROUND UT, IL!TI£$,
O~-Slte u~lltttes such as telephone, electric power, TV
cable service, wastewatar collect(on, water distribution,
etc., shall be installed underground. Except that
water pumping stations, lift stations, transformer banks,
etc. shall be permitted above ground. Easements shall be
provided for all utility purposes. In areas that must be
cleared for utility construction, a special e¢¢ort shall
be made to protect the maximum number of trees. Said
'easements and improvements shall be done in accordance
with the subdivision regulations.
4.01
4.02
S£CTION
GROUP 1 - SINGL'E FAMILY RESIDENTIAL
PURPOSE
The purpose of this $~ction is to set forth the
regulations for the areas designated on Exhibit .B1.
Master Plan, and Table 1 as Group 1 parcels.
MAXIMUM DWELLING UNITS
A maximum number of 267 dwelltng units may be constructed
in all of the Group 1 parcels except as permitted by
Section 2.10.
4.03
PERMITTED USES AND STR~CTURE,~
No building or structure, or part thereof, shall be erected,
altered, or used, or land or water used, in whole or in
part, for other than the following:
A. Permitted Prin.ctp..)l..~sAs and Structures
1. Single Family detached dwellings,
B. Permitted Accessory Uses. an.dl..Structures
Customary accessory uses and structures, including
private garages.
15
4.04
REGULATIONS
4.04.01
4.04.02
4.04.03
4.04.04
GENERAL: All y4rds, set-backs, etc. shall be
in relation to the.individual parcel
boundaries.
MINIMUM LOT ARE~: 10,000 square feet.
MINIMUM LOT WID?~:
A. Corner Lots - £tghty-ftve (85) feet as
measured at the front yard setback line.
B. Interior lots - Eighty {BO) feet as measured
at the front yard setback line.
MINIMUM SETBACKS.
A. PRINCIPAL STRUCTURES
1, Front Setbacks
For one level structure
For two level structure
2. Interior Side Setback
For one level structure
For two level structure
3. Side Street Setback '
For one level structure
For two level structure
4. Rear Setback
(non-beachfront lots)
For one level structure
For two level structure
25'
30' for second level
15'
20' for second level
20'
25' for second level
25'
30' for second level
ROOF OVERHANGS AND BALCONIES
Roof overhangs may extend 8' beyond the
principal structure setback line. Balconies
may extend 4' beyond the principal structure
setback line,
ACC£SSORY STRUCTURES
Front Sitback
Accessory structures 24" or more In helg.~t-
measured above street grade) excep~ for
trelltses~ arbors and other landscape
featuresg whtch have a mtntmum of 10'
setback.
2. Interior Stde Setback 10'
3. Stde Street Setback 15'
4. Rear Setback 10'
D. SP£CZAL LOTS
1. Lots Abutting Mangrove Areas:
All structures Including overhangs and
balcontes~ f~11 areas and landscape
features shall be'a minimum of 10' away
from the edge of the trunks of the mangrove
mass. as flagged by a survey at ttme of
pi'airing.
2. Lots Abutting Beach:
A beach setback line and/or Coastal
Construction setback line has been establish-
ed for the protection of the home owner as
located on the record plat. This line marks
the principal butldt, ng setback 11ne,
17,
....,~l~'~.~~-'' ,_ , . ,~,~.
4.04.05
coastal setback line ts already
established) can extend & maximum
of 50' toward the water, except where
such extension shall bring such
structures, except for boardwalks,
leading to the beach, closer than 50'
from the rear lot line.
b. RoOf overhangs and balconies can
extend 8" beyond the butldtng setback
line.
FENCES AND WALL~
Shall include chain-link and wood fences, masonry
and stone walls.
A.
Maximum Height: Six (6) feat above crown of
nearest adjacent roadway.
B. Front Street & Side Street Setbacks:
No fences or walls shall be permitted beyond
the setback 1the for accessory structures~
except where noted tn 4.04.0S O.
C. Interior Stde and Rear Yard:
Fences shall be permitted on the property 1tries.
O. On lots located within Parcel C, a 60" tall
(measured above the street grade) wood fence
masonry wall shall be allowed on the front
property line.
,
4.04.06
4.04.07
4.04.08
4.04,09
MAXIMUM HEIGHT:
Thirty-six (36) feet above crown of road of
adjacent front street, Accessory bu$1dtngs
limited to twenty-five (25) feet above crown
of adjacent front Strltt crown,of road.
MAXIMUM NUMBER 0~,
Two (2) stories, not 4nclu'dtng ground level
for parking and accessory uses.
MINIMUM FLOOR,,,A~EA:
I800 sq, ft,
OFF-STREET PARKING REqUIREME)TS:
One parking space shall be required for each
dwelling unit and such space shall be located
within the building setback line.
5.02
The purpose of this section is to set forth the
regulations for the areas designated on Exhibits
"B1" and "B2" Master Plan, and Table ! as Group
MAXIMUM DWELLING UNITS
The maximum number of 394 dwelling units may be constructed
in the Group 2 parcels as permitted by Section 2.10 with
a maximum of 360 multi-family units being constructed in
Hideaway Beach 1st. Addition,
5.03
5.04
USES PERMITTED
No building or structure, or part thereof, shall be erected,
altered or used, or land uses, in whole or in part, for
other than the following:
A.
B e
Principal' Uses:
1. Multi-family units
Permitted Accessory_Uses and S~ructures
1.
Recreational facilities for the exclusive usa of
residents of the building.
Signs as permitted by the Zoning Ordinance of
Collier County.
REGULATIONS
5.04.01 LOT AREA:
A. A building parcel shall be provided for each
multiple-family building and it's accessory
uses and parking facilities.
B. Said parcel shall conform generally to the
Shape of the building and It'l required park-
ing facil(tlel and Iccelsory ule~ II leceted
generally ?n th'l'mree mhown on the H&s~ee Plln
5.04.0Z
Exhibits "Bt" Ind "B2". These parcels shall
be kept to a mlntmum practical distance
beyond the area of building, accessory uses
and parking to limit the amount of clearing
o¢ vegetation to that necessary to cons{r~c~ ~
and maintain these uses. These shall be
recorded in the same manner as a subdivision
plat.
MINIMUM S£TBACK~=
A. A minimum setback of 40' from the principal
structure to the pavement edge of private
roads, shall be provided.
B. A minimum setback of 30' from accessory
structures to the pavement edge of private
roads shall be provided.
C. Distance between principal structures shall
be a minimum of $0') and between accessory
structures and principal structures other than
the one served by the accessory structure, a
minimum of 30'.
There shall be no minimum setback from any
structure to the lot lines of a building parcel
as described in 5.04.0X.
Buildings Abutting Beach - A beach setback
line has been established for the protection
of property owners, as located on the record
plat. This line, sat 150' back from the
edge of the beach, marks the principal building
and accessory structure setback line. Only
pedestrian walkways shall be permitted seaward
of this line,
5.04.03
5.04.04
5.04.05
5.04.06
5.04.07
MAX[MUM HEZGHTS, OF STRUCTURES~
A, Principal structures sh&11 be a maximum of
80 feet above flood elevation level as
es[ab~tshad by Collter County.
8. Accessory structures shall be limited to a
maximum of 20' above flood elevation level as
established by Collier County, except for roof
top recreation structures.
HAX[MUM NUMBER..OF. STORIES=
The maximum stories permitted for the principal
structures sha~l'be six, plus one parking level.
H[N[HUM LrV[NG AREA OF PRINCrPAL STRUCTURE[:
Fifteen hundred (1S00) gross sq. feet of living
area per dwelling unit.
~F?S~.REET pAR~rNG.:
There sha~ be a minimum of [.$ parking spaces
per dwelling unit, with e minimum of ~0[ of the
spaces under the principal structure. The Director
may permit a ~esser number of parking spaces to.be
paved when c~rcumstances indicate infrequent uses.
However, those unpaved space$.sh~11 be grassed and
reserved for future paving,
O[F.~.S.!REET pARKZ.NG..LA.NOSCAP~NG:
Landscaping shall be provided as required by
Zoning Ordinance of Collier County, or as required
.by the Homeowner's Association,
6.01
6.02
SECTION V!
GOLF COURSE
PURPOSE
The p~pose of this section ts to set forth the
regulations for the area designated on Exhibit "B1"
Master Plan as PARCEL A.
PERMITTED USES AND STRUCTURES .
No building or structure, or part thereof, shall be
erected, altered or used, o~ land used, Jn whole or tn
part, for other than the folTowlng:
A. Permitted Uses
2.
3.
4.
Golf Course
Golf and Tennis Pro Shop and Club House
Tennis and Racquetball Courts
Health Club
5. Convenience Commercial Facilities
a) Barber & Beauty Shops
b) Delicatessens
c) Dry Cleaning Shops
d) Food Markets
e) Gourmet Shops
f) Sundry Stores
g) Professional Offtces
h) Any other commercial use or professional
servtce which ts comparable tn nature wtth
the foregoing uses and which the Otrector
determines to be compatible in the district.
6.03
B. Permitted Accessory User .
1. Hatntenance shops and equipment storage,
2. Living quarters for maintenance personnel,
3. Signs as permitted in the Zoning Ordinance.
PLAN APPROVAL REQUIREMENTS.
Plans for a1'1 principal and all accessory uses shall be
submitted to the Otrector who will review these plans and
approve their construction. All construction shall be tn
accordance with the approved' plans and specifications.
A. General Requirements:
1. Overall design shall be harmonious in terms of
landscaping, location of parking areas, recreation
facilities, and building masses.
2. Buildings shall be set back a minimum of 50 feet
from abutting private street pavement edges and
residential structures (except for maintenance
personnel living quarters).
3. Tennis and racquetball courts shall be set back
a minimum of 45 feet from abutting private street
pavement edges and restdenttai structures (except
maintenance personnel living.quarters).
4. A minimum of 6 tennis courts and 2 racquetball
courts shall be provided.
S. Lighting facilities shall be arranged in a manner
to protect roadways and natgh%ortng properties
from direct glare.
6. The required setbacks for buildings and courts
shall be heavily landseapId to act &$ buffers.
6.0¢
6.05
6.06
7. All outdoor storage arias and maintenance
yards shall be screened from view.
MAXIMUM HEIGHT
Thirty-six (36) feet above the finished grade of the
crown of the nearest abutting private road.
MAXIMUM AREA OF CONVENI£NCE COMMERCIAL
A maximum of 2500 gross square feet of commercial
space, including storage, shall be permitted.
MAXIMUM NUMBER OF LIVING,UNZ~S, FOR,MAIN?ENANCE,PERSg~NEL
A maximum of two living units $hall be provided in the
vicinity of the golf and tennis complex for use by
maintenance personnel,
6.07
6.08
MINIMUM OFF-STREET PARKING
Golf course (incl. Golf and Tenn$s Pro, Shop and Health Club-
house and Golf Clubhouse) ?ennts and Racquetball Courts -
2 spaces per golf hole and ! space per court.
Convenience Commertcal - 1 space per 250 sq. fi. of grbss
floor area. The director may permit a lesser number of
parking spaces to be paved when circumstances indicate
infrequent use. However, these unpaved spaces shall be
grassed and reserved for future paving,
OFF-STREET PARK. ING LA~DSCAPIN~
Landscaping shall be provided as required by the Zoning
Ordinance of Collier County,
7.01
7.02
SECTION VII ' ,'
BEACH CLUB
PURPOSE
The purpose of this section iS to set forth the
regulations for the area designated on Exhibit
Master Plan as Parcel
[ERMITTED PRINCIPAL USER AN0 STRUC~pR£S.
A. Principal Uses:
No building or structure, or part thereof shall
be erected, altered, or used, or land used, in
whole or in part for other than the ¢ollowtng:
1. Clubhouse
2. Restaurant and bar for use by residents and
guests only.
~1, Permitted Accessory Uses and Structures:
1. Swimming Pools and spas
7.03
Outdoor service bars
Accessory uses and structures customarily
associated with recreation buildings.
Signs as permitted by the Zoning Ordinance.
PLAN APPROVAL REQUIREMENT~
Plans for al.1 principal and ell accessory uses shall
be submitted to the Director who will review these
plans and approve their construction. All construction
shall be in accordance with the approved p~&ns and
specifications.
General Requtrements~
X. Overall design shali' be harmonious tn terms of
landscaping, locatlon of parktng areas, recreation
faciliLles, and building masses.
2. Bbtldings shall be sat back a minimum of 30 feet
from abutting private street pavement edges a~
residential structures.
3. Pool, patios, other such structures shall be
set back a minimum of 20 feet from abutting
residential lots and private street pavement
edges.
4. The required perimeter setbacks shall be heavily
landscaped to provide buffers.
5. The principal bull. ding shall be setback a
minimum of 100' from the vegetation line of the
beach as defined at the time of platting.
6. Accessory structures shall be set back a minimum of
50' from the vegetation line of the beach as
defined.., at time of platting.
7.04
7.05
MAXIMUM HEIGHT
A. Principal Buildings -
50 feet above ftntshed
grade of crown of the nearest private road.
Accessory Structures - 25 feet above finished
grade of crown of the nearest private road.
MINIMUM OFF-STREET PARKING
A. Clubhouse
One (1) parking space per 250 sq. ft. of gross
floor area excluding restaurant and bar.
Restaurant~Bar
One (1) space for each 4 seats in public rooms
whether seating is fixed or movable.
7.06
The director may permit a lesser number of p&rkin~
spaces to be paved when circumstances indicate
infrequent use. However, these unp&ved spaces shall
be grassed and reserved for future paving,
OFF-STREET PARKING. LANDSCAPIN~
Landscaping shall be provided as required by the Zoning
Ordinance of Collier County,
7.07
7.08
MAXIMUM SIZE OF RESTAURAN~
The restaurant-bar shall have maximum seating capacity
of 250 seats.
APPROVAL OF CONSUMPTI.ON-ON~PR£MI$£$ Lt~£NSE
Shall be subject to any requirements'of the Zoning
Ordinance in effect at time of application,
8.01
SECTION VIII
CONSERVATION AREA'
PURPOSE '
The purpose of this Section is to sat ~orth the regulations
for the area designated on Exhibit "B1" and "a2" Haste? Plans,
as conservation areas.
8.02
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be
erected, altered, or used or land or water used, in
whole or in part, for other than the following:
A. Principal Uses RequtKin9 Site Plan Approval:
1. Nature trails including boardwalks.
2. Paths and bridges to provide access from the
· uplands to the beach for pedestrians and minor
maintenance equipment.
3. Beach sun shelters
4. Other activities for recreation, conservation, and
preservation when approved by the Director.
5. Water Management Facilities
B. Permitted Accessory USes and Str~ctures:
1. Accessory uses and structures customarily
associated with the uses permitted tn this
district.
2. Signs' as permitted in the Zoning ordinance.
29.
8.03
8,04
SETBACKS
All principal and accessory uses or structures shall
comply with the Coastal Construction Setback kine and/
or Beach Setback line where applicable.
CONSERVATION AREA OWNERSHIP AND MAIN~£NANCE
The HIOEAWAY BEACH Homeowner's Association shall be
responsible for enforcing applicable covenants, control,
supervision and maintaining of the conservation area in
it's natural state.
9.1
SECTION IX
DEVELOPMENT COMMITMENTS
ENVIRONMENTAL AND NATURAL RESOURCES
A. Natural Resources
1, Preserve the existing red mangrove Cringe
around all significant water bodies.
2, Stake the approximate interface of the red
mangrove forest.
3. Limit, by deed restriction, the filling
activities within single famtly lots to a
maximum of 60% of the lot area.
4. Covenant the Conservation area for preser-
vation, conservation and limited recreational
uses; and,
5. The provisions of Section 2.03, CONSERVATXON AREAS,
are a part of this section.
31
Ce
t.I~ter Resour¢~
1. Potable Water Supply - Prior to the issuance
of any construction permits by Collier County,
HIDEAWAY BEACH shall demonstrate that Deltona
Utilities Corporation is able to provide the
water supply requirements of that phase of
the project for which permits are sought.
Drainage Considerations
1. Upland Areas
a. Prior to the preparation of the final plans,
the Drainage Plan prepared by HIDEAWAY BEACH
Improvement District shall be submitted to
and approved by the Water Management Advisory
Board. HIOEAt~AY BEACH shall provide necessary
detailed drainage plans, studies and specifi-
cations to the Environmental Advtsory Council,
Water Management Advisory Board.
32,
Coastal Area Planning~ Commission and
Board of County Commissioners of Collier
County and the South Flo~tda Water Management
District for approval prtor to the ~ssuance
of construction permits by Co111er County,
b. The minimum butld~ng floor elevation
shall be 13 feet above mean sea lave1.
SEWAG£ TREATHENT FACIL]T]E~
Prtor to the issuance of any construction permtts
by CoUlter County, HIDEAWAY BEACH shall demonstrate
that Deltona U~tltt~es Corporation ts able to,
provide ~he sewage treatment Cac111tlas requirements
of ~hat phase of the project for ~htch permtts are
sought.
9.2
TRANSPORTATION
A. Internal
The internal roadway system of the proposed pro&ect,
including intersection improvements shall be constructed
by the applicant as indicated on Exhibit
Phasing and/or bonding for the ultimate Smprovement$
shall be done in accordance with the $:bd~¥~$~on
Regulations. All internal road~ shall be
owned and matntanted by the Homeowner's Association,
33
9.3
B. Access to Surrounding Roads.
Access to the surrounding publlc roads shall be limited
to those access points shown on Exhtbtt "Bt" except as
otherwise approved by :he Coastal Area Planning Commission,
C. Landscape Buffer Strfp,
A landscaped buffer strip, a mtntmum of 30 feet in
depth shall be designated along the residential areas
adjacent to .existing residential Iot$ on K~nda11 Ortve,
Colonial Avenue, and Spinnaker Ortve, A 6' tall, chain
link fence, covered by landscaping, shall be provided on
:his buffer strip and on the north and south perimeter
'property lines to provide security for the residents.
This buffe.r shall be Installed by the developer and
completed prior to the completlon of the 25% of the
residential units.
D. External Road Improvements,
The Homeowner's Association shall pay its fair
share for the cost of four lan~ng Kendall Ortve to it's
intersection with Collier Boulevard when the four
laning is deemed necessary by the County Engineer.
FIRE PROTECTION
To assure'adequate fire flow: The applicant shall provide
for the strategic placement of fire hydrants as required
by the Collier County Subdivision Regulations. Automatic
sprinkler systems, water pumps, storage and pressure tanks
shall be provided as required by county and state laws,
g.4
9.5
9.6
RECREATION
H~dea~ay Beach is, as itemized in 2.],~ providing adequate
active and pa, sstve recreation facilities to meet the
needs of its residents,
DEED RESTRICTIONS (Addendum 1)
Deed restrictions not already set forth in the body of
this ordinance, governing design and development of
HIDEAWAY BEACH shall b., Filed ~s covenants when the first
parcels are platted.
HOMEOI(NERS ASSOCIATION
A Homeowner's Association shall be established to collect
dues and manage and maintain all common areas and facilities.
All undeveloped lots are to be left with natural vegetation
and maintained by the Homeowner's Association. Any request
for clearing must be approved by the Homeowner's Association.
3S
PROTECTIVE COVENANTS,
FOR
HIDEAWAY BEACH
HIDEAWAY BEACH, INC., owner of the following described real
estate, to wit:
LEGAL DESCRIPTION: Hideaway Beach PUD (~1! acres)
Government Lot 5 in Section 6, Township $2 South,
Range 26 East; also, Government lots 3, 4 and $
in Section 7, Township 52 South, Range 25 East.
All lots are in Collier County, Florida and contain
211+ acres, to apparent high water line on August
15,-1968, and;
Hideaway Beach 1st. Addition
Tract B and Lots 1 and 2
Tract B and lots 1"&''2 of Blk. 27S, Marco Beach Untt 12,
according to the plat thereof as recorded tn Plat Book
Pg. 88 Public Records, Collier County, Florida, containing
1.74 acres + and portions of R.O.W. of Kendall Drtve
adjacent to-Lots 1 & 2 and Tract B.
Government Lots 3 and 4 of Section 6 and Government
Lot 4 of Section 5,.all lying in Township $2 South,
Range 26 East, Collier County, Florida, containing
92 acres, more or less.
hereby places the following covenants and easements against
the above described land, which covenants and easements shall
be binding upon and run with the above described land enforce-
able against all subsequent owners thereof:
USE
All of the above described properties may be utilized only
for those purposes authorized under the planned untt
development zoning ordinance adopted by the Board of
County Commissioners of Collier County, Flortda, or
HIDEAWAY BEACH,
which zontng ordinance is tncorpor&ted
herein by reference, and made a part of this Protective
Covenants.
Add.'1 - 1
I)001
COMPLETZON OF CONSTRUCTZON - REMEDY
When the construction of any building ts once begun, work
Lhereon must be pro~¢cutcd dtllgently and completed
within a reasonable time. If for any reason work is
discontinued and there is no substantial progress toward
completion for a continuous six (6) month period, then
HIDEAWAY BEACH, INC. its successors or asstgns, shall
have the right to notify the owner of record of the
premises of its intentions herein, invade the premises
and take suc~ steps as might be required to correct an
undesirable appearance; the reason for such correction
shall be soley in the discretion of HIOEAWAY BEACH, IUC.
and may include but not be limited to aesthetic grounds.
The owner of the property shall be liable for all costs
incurred in such action and the total costs thereof wt]l
be a lien on his property, WhiCh lien may be foreclosed
in the manner provided for' foreclosure of mortgages in
the State of Florida.
e
ANTENNAS
No television or other antenna is permitted unless
specific approval for such is granted in writing by
HIDEAWAY BEACH, INC. its successors or ass'tgns,
UNDERGROUND WIRES
All telephone, electric and other wires of all ktnds must ~.
be underground from the poles or the underground trans-
mission cables located within the platted utility ease-
Dogs and cats, (maximum of two (2) each) provtded they.. 'i!~.
ara not. kept, bred or maintained for any commerctmll Parpo~e.,%?~l~m~~,
may be kept upon the above described property. Ho
other antmals, livestock, poultt*y of a~ry ktnd~ shall be..
kept, raised or bred on any part of the above described
property.
GENERAL APPEARANC~
Clotheslines or drying yards shall be so located as not
to be visible from the streets, waterways or adjoining
properties.
Outside garbage and rubbish disposal facilities shall be
either underground or in garbage bins, fully enclosed,
covered and scre'ened.
e
No weeds, underbrush, (oth(,r than indigenous growth)
or other unsightly growths shall be permitted to grow
or remain upon any part of the premtses and no refuse
pile or unsightly objects shall be allowed to be placed
or remain anywhere thereon, provided that after proper
10.
notice of such condition is not corrected, HZOEAWAY BEACH
INC. shall have the right to enter upon the premises and
make such correction at the expense of the owner.
No indigenous tree or shrub shall be removed
without first obtaining approval of HIDEAWAY BEACH,
INC. The owner shall preserve the existing natural
habitat by limiting the clearing of vegetation
and selecting indigenous plant species.
No noxious or offensive activity shall be carried on upon
the above described property, or upon any part, portion or
tract thereof, nor shall anything be done thereon which
may be or become a nuisance or an annoyance to the
borhood.
neigh-
11.
12.
13.
No commercial vehicles, recreational vehicles, trucks,
trailers, boats or boat trailers, shall be parked over-
night on any part o? the above described property.
Two off-street parking spaces shall be provided on
each single-family lot
DRAINAGE
No changes tn the elevations o? the lands shall be made
which will interfere with the drainage, adversely affect
exiting vegetation, or otherwise cause undue hardship to
adjoining property.
14.
REMEDIES - SEPARAB~LIT[
tn the event o? a violation or breach of any of these
restrictions. HIDEAWAY BEACH, INC. Or its successors or
assigns, shall have the right to proceed at law or in
equity to compel compliance with the terms hereof or to
prevent the violation or breach of any of them. The
failure to enforce any right, reservation, restriction
or condition contained herein, however long'continued,
shall not be deemed a waiver of the right to do so there-
after as to the same breach or as to a breach occurring
prior to or subsequent thereto and shall not bar or
affect its enforcement. The invalidation by any court of
any restrictions herein contained shall not tn any way
affect any of the other restrictions which shall remain
in full force and effect.
Add. I -4
15.
16.
DURATION OF' RESTRICTZONS,~
These covenants and restrictions are to run with the land
and shall be binding on the maker hereof and upon all
persons claiming under the maker hereof until November
1, 2000. On November 1, 2000, and upon expiration of
each ten year period thereafter, these covenants shall
automatically be extended for a successive'period of
ten years unless by vote of a majority of the then owners
of the lots or tracts subject to these restrictions tt is
agreed to repeal these restrictions or to repeal certain
specified paragraphs hereof and extend the remaining
paragraphs hereof.
APPROVAL OF PLANS
No buildings or st)'uctures of any kind shall be constructed
or placed on the above described land, nor shall any
existing buildings or structures be altered in exterior
appearance in any way until the plan therefor has been
approved in writing by HIDEAWAY BEACH, INC. Such approval
shall not be unreasonably or capriciously withheld. The
intent of this paragraph is to assist in Insuring design
qualities to include adequate space between buildings,
and architectural style compatible with the natural
environment and the established architectural design, and
appropriate landscaped areas providing light, air and
plantings reflecting the high caliber of the development.
is expressly understood that the destgn criteria Intent of
17.
HIOEAWAY BEACH, [NC. ts to provide guidelines of design
acceptabtl'ity, not limit the numbee of ltvtng units to
constructed.
In exercising the power to approve plan~HIOEAWA¥ BEACH,
shall have the right to disapprove plans based upon the
following factors to wit:
A. The design and/or location of fences or walls which
would unduly interfere with the view from adjoining
residential properties.
8. The location of facilities such as carports, garages,
parking lots, sv/immtng pools, recreational areas,
areas for collection of garbage, rubbish, other
refuse, at such locations on the properties subject
to these restrictions without adequate screening so
that the uses of such facilities could reasonably
be expected to create an annoyance.or nuisance to
the occupants of adjoining residential properties,
whether through the creation of an unsightly appear-
ance or an undesirable noise level by reason of the
use thereof, and to ltmtt excessive removal of
existing vegetation.
C. Design of exterior lighting tn such a Fashton that
its utilizaiton could reasonably be expected to
interfere with the use and enjoyment of adjoining
residential properties.
D. Design of. traffic patterns including entrances and
exits to properties subject to these restrictions
without adequate screening devices so as, insofar
Add. X - $
18.
as practically possible, to prevent noise from
vehicular traffic and to prevent lights from vehicular
traffic s~tntng on adjoining restdantlal properties,
which would interfere with the use and enjoyment ' ~
thereof, and to limit excessive removal of vegetation.
The rights to approve building plans reserved under this
section of these Protective Covenants may at the option of
HIDEAWAY BEACH, INC. be assigned by it to the Homeowners
Association, which Homeowners Association is heretnafta~
provided for and thereafter such Homeowners Association
shall have and exercise all their rights.and privileges
reserved to HIDEAWAY BEACH, INC. heretnunder.
19.
TRANSFER OF LOTS,
No lot owner or any other person or entity who acquires a
property interest in and to lands in the Subdivision
shall dispose of his residential unit or property interest
by sale without approval of the Association, except to
another unit owner or owner of a property interest in
and to lands in the Subdivision.
A. Gift: If a unit owner or owner of a property interest
B e
in and to lands within the subdivision shall acquire
his title by gift, the continuance of his ownership
in such unit or property interest shall be subject
to the approval of the Association.
·
Other Transfers: If any unit owner or owner of a
within the subdivision shall acq
property interest utre
his title by any manner not considered in the' fore'
going sections, the continuance of his ownership shall
Add. X - 7
.
20.
be stzbJect to the approv~l of the Association.
APPROVAL OF ASSOCIATION: The approval of the Association
that ts required for the transfer of ownership of a lot
or property Interest within the subdivision shall be
obtained in the following manner:
A. Notice to Association: An owner Intending to make.
a bona fide sale of his unit or property Interest
shall give to the Association notice of such intention,
together wtth the name and address of the intended
purchaser and such other information concerning the
intended purchaser as the Association may reasonably
require· Such notice may include a demand by the
owner that the Association furnish a purchaser tf
the proposed purchaser is not approved~ and, if
such demand is made, the notice shall be accompanied
by an executed copy of the proposed contract to sell.
B. Gift, Devise or Other Transfer: The owner who has
obtained his title by gift, devise or by any other means
not previously considered, shall give to the Associa-
tion notice of the acquisition of his title, together
with such information concerning himself as the
Association may reasonably require, and a certified
copy of the instrument evidencing his title.
C. Failure to Give Notice: If the above required notice
to the Association is not given, then at any time
after receiving knowledge of a transaction or
event transferring ownership oe possession of &
residential unit or other property Interest in and
to lands ~lthin the subdivision, the AIIo~t&tton~ at
" Add, ~ - 8
its election and without notice, may approve or
disapprove the transaction o i~ ownership. ,,. the .
Assocfotfon disapproves the t~ansact~on o~ o~neesh~p,
the Association shall proceed as if it had received the
required notice on the date of such disapproval.
t. Sale: If the proposed transaction is a sale,
then within 30 days after receiving such notice
and information the Association must either approve
or disapprove the proposed transaction. If approved,
the approval shall be stated in a certificate
executed by the president and secretary o¢ the
Association, and shall be recorded in the Public
Records of Collier County, Florida, at the expense
of the purchaser.
ii. Gift, Devise or Other Transfer=
If the lot owner
or owner of any other property interest within the
subdivision gives notice that ha has acquired title
by gift, devise or in any other manner, then with-
in 30 days after receipt of such notice and tnforma-
tton the Association must either approve or dis-
approve the continuance of the lot owner or property
owner's interest. If approved, the approval shall
be stated in a certificate executed by the president
and secretary of the Association and shall be
recorded in the public records 'of ¢ollta~ County,
Florida, at the expense of the lot owner or owner
of other property interest in the subdivision.
Add.
21.
MEMBERSHIP IN HIDEAWAY BEACH ASSOCIATION, INC~
Each owner of a residential unit in the subdivision is
hereby made a member of the HIDEAWAY BEACH ASSOCIATXON, INC.
Membership in HIDEAWAY BEACH A$$O¢IATXON, XNC. ts appurten-
ant to ownership of a unit and cannot be transferred or
otherwise conveyed or assigned separately from such unit.
All subsequent transferees shall be bound by the Bx-Laws
of the Association.
22.
23.
MEMBERSHIP IN ASSOCIATION
ASSOCIATION FUNCTIONS: The purposes of the Association
are principally to carry out the duties and responsibili-
ties imposed on the Association by this Oeclaration, to
hold title to, improve, repair and maintain such roads,
beachfront area, pedestrian/bicycle/cart paths, gatehouse
areas, recreational and other facilities as may be deeded
to the Association for the benefit of Its members, and
to own and operate the common facilities, and to maintain,
repair, replace, improve, operate and manage any water
management system.
The Association shHll have the power to make and collect
assessments against members to defray the cost, expenses,
and losses of the property owner or maintained by the
Association within HIDEAWAY BEACH, Each owner of
residential unit or other property Interest within the
subdivision, by ~cceptance of a deed thereof~ Whether or
not it shall be so expressed in a~%
ance, hereby covenants and agrees to PaX to the Association
any annual assessment or charges and spe¢t&l
Add. t - 10
for capital improvements as may ba fixed, tstab1'fshed
and collected from time to time 'by the Board
of the-.Assoctatton.
together with interest thereon and costs of collection as
heretnafber provided shall also be the personal obligation
of the person who is the owner of each individual unit
or undivided interest therein'at the time when the assess-
ment fell due. The assessments levied by the corporation
shall be used exclusively for thi purposes set forth in
The. annual and special' assessments,
this Declaration and in the Articles of'Incorporation of
the Association, and specifically for the purposes of any
construction or reconstruction, unexpected repair or
replacement of any of the property owned or maintained by
the Association. The Board of Directors of the Association
shall have the authority to consider currant maintenance
cost and needs of the.association and to affix annual
assessments for such costs to be paid by the members of
.the Association. In addition to the annual assessments,
the Association may levy a sgectal assessment applicable
to that year only for the purposes of defraying in whole
or in part the costs of any unexpected repair or replace-
ment of any improvement in property owned or maintained
by the Association, provided that any such assessment
shall have the assent of two-thirds of the votes of the
members who are voting in person qr by proxy at a meeting
called for this purpose. The quorum required for any
action authorized by the preceding section shall be
two-thirds of the members.
Add, I -11
If the assessments are not paid on the date when due,
then such assessments shall become delinqueo~.aq~ shall,
together with interest thereon at eight percent and all
costs of collectt'on, including a reasonable attorney's
fee, thereupon become a continuing lien on the property
which shall bind such property in the hands of the then
owners, their heirs, devisees, personal representatives
and assigns. Should legal proceedings be required to
enforce collection of payment of an assessment the same
may be foreclosed in a lien against the lot against which
such assessment was made tn the manner provided for
enforcement of 1tens pursuant to the laws of the State
of Florida.
The lien of the assessments provided for herein shall
be subordinate to the lien of any mortgage or mortgages
placed upon the property subject to the assessments
provided, however, that such subordination shall apply
only to the assessments which have become due and payable
prior to the'sale or transfer of such property pursuant
to a decree of foreclosure. Such sale shall not relieve
such property from liability for any assessments there-
after becoming due or from the lien of any sub~eqbent.'
assessment,
IN WITNESS WHEREOF, the owner has caused these presents to
.be executed this the . day of , A.O, ..
In the Presence of:
HIDEAWAY BEACH, INC.
By:. .
AtteStS
m
Add.
HIDEAWAY BEACH
1st ADDITION
COILLIER BAY
~ TRACT-I
OLD
MARC(:)
MARCO BAt
SR. 92
1'0 US41
VICINITY MAP
EXHIBIT 'A'
HIDEAWAY IEA(::H
1.~ Addldon
HIDI~WnY
OVERALL KEY PLAN'
GULF
..'XlCO
BIG MARCO PASS
~ - ¢Onllrvallofl trloI
GROUP I- Ilnglt femllyl
Q I~OUP 2 - Cond~lakm wl~$~
HIDEAWAY
MASTER
HIDIAWAY
hi Addllle~t
~OLLIER BAY
~otlfldtf
BIACH
PLAN
EXHIBIT eL
GROUP ?
I$0'WID[ IUILOING TO
&EACH ~'[I~ACK lINE
INO O~' $[tl~Ct, LINI
C,OLLIER
O~OU~ ~ - Ce.demi.lyre
HIDEAWAy BEACH
Ist ADDITIOn
MARCO ISLAND. FLORIDA
MASTER PLAN
ee, afet T',
·
~ 3' .4'
4' .$'
~ , S'.S'
GULF OF MEXICO
BIG MARCO PASS
BEACH
COLLIER BAY .,..~
N
. HIDEAWAY B~ACH
i
Addition }!~i
COLLIER lAY .,~*~'~.
luttonveod Ivllal · frosh.to.brlckJth, ~on-Lld&
Cocoplum, prtckl~ pair. clbbigl palm~ IIV
large l~ve oak, JIIItCl dogvOOdq Cabbage pil~.
BIO MARCO PASS
TWIN. LAKES
GULF OF MEXICO
Drive
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