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2006-387
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2006-387
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Last modified
9/1/2016 2:59:01 PM
Creation date
10/1/2015 12:52:56 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/07/2006
Control Number
2006-387
Agenda Item Number
12.A.
Entity Name
Windsor Properties
Subject
See meetings 2/10/09; 4/14/09 - closing papers
Supplemental fields
SmeadsoftID
7760
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(2) No lights are permitted seaward of the Coastal Construction Control Line . <br /> No lights are permitted seaward of residences , except as necessary for safety purposes . <br /> (3 ) All exterior lights on ocean front lots shall be of a type utilizing completely <br /> shielded downlights, without reflective surfaces . All exterior lights will be installed as low as possible <br /> for the intended purpose . <br /> (4) High density lighting may be utilized for Highway AlA roadway lighting <br /> only, and all such lighting shall utilize shielded low pressure sodium lamps or other lighting with similar <br /> characteristics, which shall be positioned, mounted and shielded in a manner such that neither the light <br /> source nor reflective surface of the fixture is visible from any point on the beach. The number of such <br /> fixtures shall be kept to the minimum necessary. <br /> (5 ) Only low density lighting shall be utilized in interior roadways and parking <br /> areas . This lighting shall be set in a base installed as low as possible for the intended purpose, and shall <br /> be positioned, mounted and shielded in a manner such that neither the light source nor reflective surface <br /> of the fixture is visible from any point on the beach. <br /> (6) Parking lots, roadways and driveways shall be designed and positioned such <br /> that vehicular headlights do no case light toward or onto the beach, to the extent possible . Landscaping <br /> will be utilized to further this objective . <br /> (7) All temporary lighting, including but not limited to construction lighting, <br /> will meet all requirements of this Declaration from May 1 through October 31 . <br /> (d) Beach accessories on beach during turtle nesting season. No beach accessories <br /> or recreation equipment, including but not limited to beach chairs, umbrellas, canopies, surfboards, <br /> sailboats, etc .) may remain on the beach overnight from May 1 through October 31 . <br /> 4 . Beach cleaning. Owner will not utilize nor contract for mechanical cleaning of the <br /> beach from May 1 through October 31 . Any cleaning by or behalf of Owner during that period will <br /> utilize methods which do not disturb sea turtle nesting or hatching or existing nests . <br /> 5 . Sea turtle monitoring . Persons permitted by the Florida Fish and Wildlife Conservation <br /> Commission to monitor, research, recover and educate as to the sea turtle shall be allowed access along <br /> the beach for permitted activities . Owner will cooperate with such persons in their permitted activities to <br /> the extent possible . <br /> 6 . Education. Owner will annually and throughout the year provide education materials <br /> supplied by the County, the U. S . Fish and Wildlife Service (FWS), the Florida Fish and Wildlife <br /> Conservation Commission (FWC) or other appropriate source, to employees, contractors, individual <br /> landowners and invitees regarding the importance of sea turtle nesting, nesting dates, prohibited practices <br /> necessary to protect the sea turtle, and other relevant educational information. Owner will cooperate <br /> with FWS and FWC in sea turtle conservation, protection, research, monitoring and recovery activities . <br /> 7 . Amendment and Modification . This instrument may be modified, amended or released <br /> as to any portion of the Property only by a written instrument executed by the owner of the fee simple <br /> title to the Property to be affected by such modification, amendment or release, providing that the same <br /> has been approved by the County Commission. <br /> 8 . Term of Covenant. This voluntary covenant on the part of Owner shall run with the land <br /> and remain in full force and effect and shall be binding upon Owner, its successors and assigns, for an <br /> initial period of thirty (30) years from the date this instrument is recorded in the Public Records and shall <br /> be automatically extended for successive periods of ten ( 10) years thereafter, unless modified, amended <br /> or released prior to the expiration thereof. <br /> 9 . Inspection and Enforcement. It is understood and agreed that any officer or inspector of <br /> the County shall have the right at any time during normal business hours to determine whether the Owner <br /> is in compliance with the conditions of the Declaration. The prevailing party in any action or suit to <br /> enforce this Declaration shall be entitled to recover costs and reasonable attorney ' s fees . This <br /> enforcement provision shall be in addition to any remedies available under law. <br /> is <br /> BLA- 104 , Revised 01 /26/06 <br />
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