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Serving residents of The Landings, Sarasota, FL 34231

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Official

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LMA & LRC

With 22 Associations Landings Government is complicated. The series below How It Works provides some insight.

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Documents

CURRENT ISSUE - Feb 2012 - Click Here

LAST UPDATED Feb 4, 2012

Eagles Nest Area Dispute and Litigation Settled

Final Document-with Signatures - Significant Material Below-Click Here

Landings Management Association issued this statement January 17, 2012:

“The LMA Board is pleased to announce that the litigation related to the Eagles Nest Area has ended. Both parties to the suit have approved a settlement agreement that will become part of a court order terminating the lawsuit.

The agreement clarifies that the ENA is a common area of The Landings and establishes guidelines for its use that will be in place for the next eight years.

The agreement provides for the ENA to be open to pedestrians during daylight hours and allows the completion of the horticultural plan and installation of a circular path as proposed in the Master Plan adopted by the Board in May 2010.

Access to the Eagles Nest Area will be available to all residents during daylight hours with certain limitations such as designated areas for walking, no motorized vehicles, unleashed pets, or bicycles

LMA will take reasonable measures to maintain the ENA in a manner recommended by governmental authorities.

We express our appreciation to those on both sides of this issue who worked long and hard to arrive at this positive conclusion.”

The Following statement was issued by the Homeowners adjacent to the ENA, who were the plantiffs in the case:

The homeowners, who live adjacent to the Eagle’s Nest Area are very pleased to announce a settlement with the LMA on how the Eagle’s Nest Area will be used by Landings residents in the future.

Landings residents will be able to enter the Eagles Nest Area from Landings Boulevard and will enjoy walking the circular path between 7:00 AM and dusk. Dogs on leashes will be welcome.

There will be an observation area, with benches, to observe the eagle’s nest, and hopefully the eagles. Landings residents will enjoy the natural Florida environment with native trees, shrubs, flowers, and bushes.

The outcome of this legal process is that all Landings residents will benefit from this agreement; the natural environment will be preserved, and there is accommodation to the concerns of the adjacent homeowners.

The full text of the provisions portion of the agreement follow:

EXHIBIT “A” TO SETTLEMENT AGREEMENT

1. No man-made structures shall be built or erected anywhere within the ENA except as specifically permitted hereunder.

2. A single access point to the ENA shall be located at or near the midpoint between lots 187 and 188. From that point, a pedestrian pathway not more than 5 feet in width may be constructed in a substantially direct line to a roughly circular path no wider than 5 ft. in width which shall be located no nearer than 100 ft. from any point on the rear lot lines of any of the properties surrounding the ENA. Benches shall not be placed along the pathway or anywhere else within the ENA (except for the permitted benches on the observation platform as provided below). No trash receptacles shall be placed within the ENA other than one just outside the entry gate between lots 187 and 188.

3. LMA may construct a covered observation platform within the ENA, subject to the following:

A) the observation platform shall not exceed a total of 225 square feet of floor area

B) the floor of the observation platform shall be no more than 1 foot above ground

C) the roof shall not overhang the floor area and shall not have any roof access provided.

D) The walls of the observation platform shall remain open except for necessary roof supports

E) no more than two seating benches may be located on the platform

F) the observation platform shall not be used for storage

4. Bicycles and motorized vehicles, except for maintenance and security vehicles, shall be prohibited within the ENA.

5. Dogs may be allowed in the ENA, but shall be required to be leashed at all times and owners shall be required to clean up dog droppings.

6. LMA shall provide a fence on its entrance property and a gate adequate to permit maintenance and security vehicles to enter the ENA. The gate shall be kept locked by LMA Security between dusk and 7am, and access to the ENA shall be prohibited between those hours. LMA shall be responsible for the enforcement of the restrictions set forth in this agreement in the same manner and to the same extent that LMA is required to do so for other common areas within The Landings pursuant to the Declaration of Covenants and Restrictions.

7. LMA agrees to take reasonable measures to protect the ENA in the manner recommended by the National Bald Eagle Management Guidelines, as well as any federal, state or county regulations that may be applicable from time to time.

8. No recreational facilities, playground equipment, or athletic fields shall be constructed in the ENA.

9. The horticultural plan approved in the Master Plan dated July 31, 2008 may be implemented and maintained as necessary at the discretion of the LMA Board. All grounds maintenance shall be the responsibility of LMA. There shall be no material changes to the horticultural plan approved in the Master Plan.

10. All trees and other vegetation determined to be invasive by the State of Florida may be removed.

11. Appropriate signage shall be placed at the entrance to the ENA to specify the opening and closing times, that no bicycles or motorized vehicles are permitted and that pets must be on a leash.

12. The parties agree that the ENA is a common area subject to the Amended and Restated Declaration of Covenants and Restrictions on the Commons for the Landings "(Covenants"), as amended from time to time. To the extent, however, that the Covenants conflict with any of the terms set forth in this Agreement, the provisions of this Agreement shall control during its prescribed period.

13. It is understood and agreed that all provisions of this Agreement are subject to change provided the effective date of any change must be no earlier than eight years from the Effective Date of the Agreement . For this purpose, the Effective Date shall be the date when the last party signs a counterpart to the Agreement. Any changes to the Agreement must be made in the same manner following the same procedure as required for amendments to the Declaration of Covenants and Restrictions subject to applicable law.

14. The terms and conditions set forth in this Agreement shall be incorporated into a stipulated final judgment to be entered by the court in the pending litigation and shall be binding on all parties and their heirs, successors and assigns for the agreed upon eight year term of this Agreement and thereafter until changed in the manner provided in paragraph 13 above. Each party shall bear their own attorney fees and costs. All parties irrevocably waive any right to seek rehearing or appeal the final judgment.

History of this litigation moved to special page: CLICK HERE FOR HISTORY

FOX ALERT

This sage advice came from one of our readers who felt it a timely enough issue to alert readers:

   My wife and I live on Kestral Park Lane.
I am sure many residents are aware of our two foxes. We have seen sightings of them over the years we have lived here. Up until recently the sightings have been between 7 and 9am and at dusk. But their behavior is now becoming a concern. I have had several encounters with them on my morning walk where they approach me as if looking for a handout.
   Their lack of fear for humans has taken a change and it would appear as if someone in the neighborhood is feeding them. If this is the case it needs to stop immediately. It not only endangers the humans but puts the foxes at risk of relocation or destruction, which neither of the two am I suggesting at this time. I want to be able to enjoy their beauty and presence from a safe distance.
   DO NOT FEED THE FOXES Not only is it dangerous but also illegal .
   Douglas Booth, Kestral Park Lane

Revised LMA Documents

LMA Covenants, Articles of Incorporation and By-Laws as filed with Sarasota County April 20, 2010 have been posted. NOTE: There are three versions available - The original as provided by LMA Counsel, a searchable version created by The Eagle and an earlier draft showing each change from the previous documents. They are all in PDF format. The page can be reached with the button to the right or below:

Decal Request Forms - along with other forms necessary for Landings Residents can be downloaded after clicking on the button to the right

AUTOMOBILE DECAL SYSTEM UPDATE

Dear Owner or Resident:

We have scheduled the deployment of the new decal issuing system for April 12, 2010. We know that there will be numerous cases of existing decals that will not work at first with the new system; this is the result of incomplete data from the old system and data entry errors while loading data into the new system.

Therefore, we are deploying the new system in a manner to minimize the opportunities for backups, especially at the North and South gates.

The NORTH and SOUTH gates will be CLOSED on April 12. All entry into and exit out of The Landings must be through the MAIN GATE.

When entering the Main Gate, use the RESIDENT’S entry lane. If the decal fails to open the gate, we will have an additional security at that lane to capture the vehicles decal information. This data will be entered into the system periodically throughout the day to validate the decal.

After the North and South Gates are reopened, use the MAIN GATE resident’s lane for vehicles whose decals have not yet been validated so that they may be entered into the system if necessary.

Decal issuance guidelines are below.

If you have been waiting to be issued a new decal, you may now provide the decal request form to the main gate, with a check payable to LMA for $5.00 if required. You will be called when the decal is ready for installation on the vehicle and the decal will be valid at the main gate when affixed to the vehicle. It will be valid at the North and South Gates on when they reopen after April 12.

If you are a tenant, the new system requires a lease expiration date. We are missing this data for many existing decals. Decals with no expiration will expire on June 2, 2010 unless corrected lease termination information is provided to the main gate. This information must come from the owner of the property.

I apologize in advance for the inevitable confusion and delays at the gates for the first couple of days. Be assured we are dedicated to minimizing the “hassle.”

Regards, Richard U. Bayles
Secretary/Treasurer
The Landings Management Association, Inc.

GUIDELINES FOR AUTOMOBILE DECALS

Automobile decals are issued to owners of properties in The Landings and their tenants for rentals longer than two months.

Decals are not issued for rental vehicles.

Decal request forms are available at the main gate. Return the form with all required information with a check payable to LMA for $5.00, if required. The decal will be issued within 24 hours. All decals are applied to the vehicle by a security officer at the main gate.

The decal fee is not required for vehicles of new owners or for replacement of a malfunctioning decal. It is required for replacement vehicles and for tenants.

Decal requests for tenants must come from the property owner. A valid lease expiration date longer than two months is required before the decal is issued.

When requesting a decal for a replacement vehicle, please provide the decal number on the old vehicle. Otherwise, we don’t know which of the decals assigned to the property should be invalidated. This may result in our invalidating the wrong decal for another vehicle that belongs to the owner.

Eagles Spotted

. . .in Eagles' Nest Area Dec 26, 2008, one year and a day from when they were first spotted.

Dave Bewley, Kestral Parkway South, spotted the eagles for the first time in 2007. He invited The Landings Eagle over for for a great photo op!

They were near the nest built last year, presumably by the same pair, raising hopes they may return to raise a family. ,

A couple pictures below.

Follow Eagle Spottings in each issue of The Eagle