APPLICATION
~
Ronald L. Platt, Esq.
ATTORNEY AT LAW
170 N\V Sp.mil$h River Blvd.
Boca Raton, FL 33431
Tel: (407) 368-3337
Fnx: (407) 36&-347!
Via Fax Only to (561) 375-6011
February 27, 1997
City of Boynton 8ea~h
Attn: Michael J. pawelczyk, Assistant City Attorney
Re: The Hills ot Lake Eden, P.U.D./Unified Control
Dear Mr. pawelczyk:
Mr. r'rank Pinto, preSiden1; of. Newpor.t Properties, Inc., is in the
process of conveying the land legally described in exhibit A
herewith and tormally called The Hills of Lake Eden, P.U.D. to my
client, Kennedy properties, Ltd. The closing is scheduled to occur
on March 14, 1997.
'I'owards that. end, I have prepared a Declaration of Covenants and
Restrictions for The Hills of Lake Eden, Artioles of Incorpo~atiQn
and By-Laws. I am very familiar with the project and as a matter
of fact I have signed the Pla~ as the title examiner.
please be adv1.sed that I represent to you her$in that the entire
area within the proposed P.U.D. will have unified control.
The purchaser, my client, Kennedy Properties, Ltd. will proceed
with the proposed development according to the provisions of those
zoning regulations and conditions attached to the zoning of the
land to P.D.D.
The purchaser, my client, Kennedy Properties, Ltd. has provided or
will provide agreements, permits, Declaration of Covenants, Plat
and a Letter of Credit acceptable to the city for completion of the
development according to the plans approved at the time of zoninq
to P.U.D. and for continuing operations and maintenance of such
areas, functions and facilities as are not to be provided, operated
or maintained at public expense.
\
90 'd
'ON X~ 3
31111 30N3GN3d3GNI W~ 09:tt 1~3 L6-8G-833
The agreements, permits, Declaration of Covenants, Plat and Letter
of Credit bind Newport Properties, Inc., my client, Kennedy
Properties, Ltd. and any of their heirs and assigns to any ~nd all
of the applicable commitments heretofore set forth.
In closing, on behalf of the purchaser, Kennedy properties, Ltd.
and as their attorney I hereby state tnat the foregoing
representations constitute evidence of the unified control of the
entire area within The Hills of Lake Eden, P.U.D.
Sincerely,
4# /;%1('
RONALD L. PLATT, Esquire
lal
~
90 'd
'ON Xlj.'l
3111130N30N3d30NI Wlj ~g: II I~.'I L6-Bc-83.'1
~""--
Iment prepared by:
PLATT, ESQ.
.panish River Blvd.
a, Florida 33431
ill
FEB 2 I /997
'FJ
i!,; 12.1
~ OW ~ [
FOR
PLANNING AND
ONING DEPl
;; ~Jj
Su13/Y1I;[J L
fm'l
a:.v/lvJ ~FP~":>
pr~
",jf
l' ~ 14j11"
-;V D~ ?\~\qJ
~,\.
executed
DECLARATION OF COVENANTS AND RESTRICTIONS
THE HILLS OF LAKE EDEN
THIS DECLARATION OF COVENANTS AND RESTRICTIONS, made and
this day of ~FebrUary, 1997 by Kennedy Properties,
Ltd. ,
a
Florida limited partnership ("Declarant"/Developer"),
WIT N E SSE T H :
WHEREAS, Declarant/Developer is the owner of 'certain real property
located in Palm Beach County, Florida, which is more particularly
described in EXHIBIT A affixed hereto and made a part hereof.
Declarant is desirous of subjecting it's real property to the
covenants, conditions and restrictions hereinafter set forth, each and
all of which are for the benefit of said property and each present and
future owner and shall apply to and bind every present and future owner
of said property and their heirs, successors and assigns; and,
WHEREAS, the purpose of these covenants and restrictions is to
provide a property owner's association which will have the
responsibility for providing the operation and maintenance of the
common grounds, private roadways, if any, and recreational facility, if
any, which serve the Units herein described and to promote the health,
safety and welfare of the Owners of the residences within the
Properties; and,
WHEREAS, Declarant herein, and the Purchaser's from Declarant herein
will take title subject to the terms and conditions set forth in to the
Declaration of Covenants herein; and
NOW, THEREFORE, Declarant hereby declares that the real property
described in EXHIBIT A is and shall be held, transferred, sold,
conveyed, used apd occupied subject to the covenants, conditions and
restrictions her~inafter set forth.
ARTICLE 1
" '"! . .".,.'10(. ......, ~'"
DEFINITIONS
The following terms as used in this Declaration, shall have the
following meanings:
'1.1 "THE HILLS OF LAKE EDEN" shall mean and refer to all real
property subject to the Declaration of Covenants herein.
1.2 "Development Review Board" or "D.R.B. " shall mean and refer to
that permanent committee of the Association, created for the
purpose of establishing and enforcing criteria for the
construction of Improvements within the Property and other
properties subject to the control of the Association.
1.3 "Assessment" shall mean and refer to those charges made by the
Association from time to time, against each Lot within the
Property, for the purposes and subject to the terms set forth
herein including without limitation, all general, special,
emergency special and individual assessments and all special
assessments for non-compliance.
1.4 "Association" shall mean and refer to THE HILLS OF LAKE EDEN
HOMEOWNER'S ASSOCIATION, INC., a Florida corporation not for
profit, and its successors and assigns.
cY
1.5 "City" . shall mean and refer to the City of Boynton Beach,
Florida.
1.6 "Common Expenses" shall mean and refer to all expenses
incurred by the Association in connection with its ownership,
maintenance and other obligations set forth herein.
1.7 "Common Property" shall mean and refer to all portions of the
property which are intended for the common use and enjoyment
of the Owners, and which are identified and dedicated or
reserved to the Association on the recorded subdivision plats
of the ~roperty, or conveyed to the Association by deed, and
,
any personal property acquired by the Association.
2
'~ '" '!:', "" , .
.'h;
<. .,~ ;,;: ,., ... ',!..
,1.8 "County" shall mean and. refer to Palm Beach County, Florida.
1. 9 "Declarant" shall mean KENNEDY PROPERTIES, LTD. a Florida
Limited partnership. Declarant shall be interchangeable with
Developer herein.
1.10 "Declaration" shall mean and refer to this instrument and all
exhibits hereto, as to may be amended from time to time.
1.l1 "Developer" shall mean and refer to KENNEDY PROPERTIES, LTD.,
a Florida Limited partnership.
Developer shall be
interchangeable with Declarant herein.
1.12 "Improvements" shall mean and refer to all structures of any
kind including, without limitation, any building, fence, wall,
sign" paving,
grading,
parking or building addition,
alteration, screen enclosure, sewer, drain, disposal system,
decorative building, patio, landscaping, or landscape device
or object.
1.13 "Limited Common Property" shall mean and refer to such
portions of the Common Property as are intended for the
exclusive use (subject to the rights of the County and the
public) of the Owners of specific Lots, and shall specifically
include the mailbox structure serving the Lot which may be
located on the Common Property, as designated by the
Declarant.
Unless otherwise provided, specifically to the
contrary, reference to the Common Property shall include the
Limited Common Property.
1.14 "Lot" shall mean and refer to a tract of real property
designated as a residential building lot on any plat of the
Property, whether improved or unimproved.
1.15 "Member!' shall mean and refer to a member of the Association
.
and as u~ed throughout this Declaration is synonymous with the
term "Owner" and said terms are used herein interchangeably.
3
.;,,:.. I":'
J :-" 1,".i;; ,
,1.16 "Mortgagee" shall mean.and refer to any lending institution
having a first mortgage lien upon a Lot or any portion of the
Property, including any of the following: (a) a federal or
state savings and loan association or commercial bank doing
business in the State of Florida, (b) a federal or state
savings and loan association doing business in the State of
Florida, (c) an insurance company or subsidiary thereof doing
business in the State of Florida which is approved by the
Insurance Commissioner of the State of Florida, (d) a real
estate investment trust or mortgage banking company licensed
to do business in the State of Florida, (e) the Federal
National Mortgage Association, (f) a pension or profit sharing
fund qualified under the United States Internal Revenue Case,
(g) any subsidiary of the foregoing licensed or qualified to
make mortgage loans in the State of Florida, (h) an agency of
the ~nited States Government or (i) Developer or Declarant.
1.17 "Owner" shall mean and refer to the record owner, whether one
or more persons or entities, of the fee simple title to any
Lot, excluding, however, any Mortgagee unless and until such
Mortgagee has acquired title pursuant to foreclosure or any
proceeding or deed in lieu of foreclosure and as used
throughout this Declaration, the term "Owner" is synonymous
with the term "Member" and said terms are used herein
interchangeably.
1.18 "Property" shall mean and refer to a portion of that certain
real property legally described in Exhibit "A" attached hereto
and made a part hereof, and any other real property which may
from time to time be made subject to this Declaration in the
manner provided in Article 2 hereof. The property referred to
herein when finished will have fifty-six (56) single family
Lots constructed thereon.
1.19 "Street 'f' shall mean and refer to any street, highway or other
\
thorougHfare within THE HILLS OF LAKE EDEN and which is a part
of the Common Property, whether same is designated as street,
4
avenue, boulevard, drive, place, court, road, terrace, way,
circle, lane, walk or other similar designation.
1.20 "Traffic Regulations" shall mean and refer to the speed limits
and traffic regulations which may be promulgated by the
Association for use of the streets and the "no parking" signs
which may be posted by the Association throughout THE HILLS OF
LAKE EDEN pursuant to Section 4.5 of the Declaration.
1.21 "Turnover Meeting" shall mean and refer to the special meeting
'\
~.~~. 22
of the Members for the purpose of electing officers and
directors pursuant to Section 3.3 hereof.
"Unimproved Lot" shall mean and refer to a Lot owned by the
Declarant for which a certificate of occupancy or completion
I~C.-
for a Unit has not been issued by the City or which has not
been conveyed by the Declarant to any Owner other than
Declarant.
1.23 "Unit" shall mean and refer to a residential dwelling
2.1
construdted on a Lot, for which a Certificate of Occupancy or
Completion has been issued, and shall include the garage and
courtyard, if any, attached to the dwelling.
ARTICLE 2
PROPERTY SUBJECT TO THIS DECLARATION
Existing Property.
The initial Property subject to this
Declaration upon the recordation hereof in the Palm Beach
County Public Records, is the Property described in Exhibit
"A" attached hereto.
2.2 Additional Property. Declarant may, at any time and from time
to time, subject any additional property within THE HILLS OF
LAKE EOEN to this Declaration by recording in the public
I
records ~ of the County an amendment to this Declaration
specifying such additional property. Such amendments may be
5
3.3
3.4
"i.J:';
shall be appurtenant to, and may not be separated from,
ownership of a Lot subject to this Declaration. No person or
entity holding an interest of any type or nature whatsoever in
a Lot only as security for the performance of an obligation
shall be a Member.
Declarant, by including additional
property within the imposition of this Declaration, may cause
additio~al membership in the Association and may designate the
ownership basis for such additional membership. There shall
be only one (1) voting member per Lot, regardless of how the
deed or instrument evidencing ownership of a particular lot is
set forth.
Voting.
The Association shall have two classes of voting
membership:
Class A.
Class A members shall be all Owners and
shall be entitled to one vote for each Unit owned.
When more than one person holds an interest in any
Unit, all such persons shall be members. The vote for
such Unit shall be exercised as they determine, but in
no event shall more than one vote be cast with respect
Ito any Unit.
Class B. The Class B members shall be the Declarant
and shall be entitled to one thousand (1,000) votes.
The Class B membership shall cease on the happening of
one of the following events, whichever occurs earlier:
(a) Until the closing of the sale of the last
lot located within the Property, or
(b) Seven (7) years following conveyance of the
first Unit in the Properties to a Unit purchaser; or
(c) Such earlier date as Declarant may
determine.
Administration of the Association.
The affairs of the
Association shall be administered by the Board of Directors in
accordance
with
this
Declaration,
the
Articles
of
.
Incorporation and the By-Laws of the Association. The
Articles of Incorporation and By-Laws may be amended in the
7
',. .,' \ ~ ;.;...
3.5
manner set forth therein; provided, however, that no such
amendment shall conflict with the terms of this Declaration or
adversely affect the rights of Declarant without Declarant's
prior written approval; and provided further, that no
amendment, alteration or recision may be made which affects
the rights or privileges of any Mortgagee without the prior
written .approval of the Mortgagee so affected, and any attempt
to amend, alter or rescind contrary to this prohibition shall
be of no force or effect.
Suspension of Membership Rights.
No member shall have any
vested right, interest or privilege in or to the assets,
functions, affairs or franchises of the Association, or any
right, interest or privilege which may be transferable, or
which shall continue after this membership ceases, or while he
is n~t in good standing. A Member shall be considered "not in
good standing" during any period of time in which he is
delinquent in the payment of any Assessment, or in violation
of any provision of this Declaration or of any rules or
regulations or Traffic Regulations promulgated by the
Association. While not in good standing, the Member shall not
be entitled to vote or exercise any other right or privilege
of a Member of the Association.
3.6 Control by Declarant.
3.6.1
Anything
contained
herein
the
to
contrary
notwi thstanding, Declarant shall have the right to
retain control of the Association until the earlier of
the following events:
a) until the closing of the sale of the last Lot
located within the Property, or
b) such earlier time as is determined by
Declarant in declarant's sole discretion. Prior to
ninety (90}. days after the happening of the earliest
~of the forgoing events, the Association shall conduct
.
~the Turnover Meeting. So long as it retains control
of the Association, Declarant shall have the right to
B
appoint three ('3) members of the Board of Directors
for each Board Member appointed by the Members and to
approve the appointment of
all officers of the
Association, and no action of the Members of the
Association shall be
effective unless and until
approved by Declarant.
In the event that Declarant
shall enter into any contracts or other agreements
for the benefit of Owners or the Association,
Declarant may, at its option, assign its obligations
under such contracts or agreements to the Association,
and in such event the Association shall be required to
accept such obligations.
3.6.2
After turnover of control of the Association, no
action shall be taken or decision adopted by the Board
which would adversely impact. on the construction,
development, sale or marketing of the Property or on
the condition or appearance of the Property without
the prior written consent of the Declarant; so long as
the Declarant has title to at least one lot. The
Board shall submit such decisions and actions to the
IDeclarant, for approval. The Declarant shall approve
or disapprove such decisions and actions within thirty
(30) days after receipt thereof.
In the event the
Declarant fails to act within such time period, such
failure shall be deemed approval by the Declarant.
}
:<,{ ','
MISCELLANEOUS PROPERTY RIGHTS IN THE COMMON PROPERTY
ARTICLE 4
4.1 Title to Common Property. Title to the Common Property shall
remain vested in the Declarant until the date that it
relinquishes control of the Association, as such date is
defined hereinabove. Notwithstanding the manner in which fee
simple title is held, the Association shall be responsible for
the management, maintenance and operation of the Common
I
Property from and after the date of recordation of this
Declaration. Simultaneously with its relinquishment of control
9
..', ,,',.
, ~.,I .~ ;:'.~...! ':lr
of the Association, Declarant shall convey all of its right,
title and interest in the Common Property to the Association.
Anything herein contained to the contrary notwithstanding,
certain portions of the Common Property may be reserved as
Limited Common Property for the exclusive benefit and use of
specific Owners.
. 4. 2 Acquisition and Conveyance of Property. The Association shall
have the power and authority to acquire and convey such
interest in real and personal property as it may deem
beneficial to its Members.
Such interests may include fee
simple or other absolute ownership interests, leaseholds or
such other possessory use interests as the Association may
determine to be appropriate. Any property acquired pursuant
to this section shall be Common Property.
4.3
Perpetual Maintenance of Property.
The Association shall,
either by virtue of the appointment of a real estate
management agent or through its own personnel, be responsible
for the perpetual maintenance and repair of the Common
Property, and the entry gates and entry signage, if any.
Declarant, its affiliates, subsidiaries, successors and
assigns maybe the management agent and nothing shall be deemed
to invalidate any management or maintenance agreement between
the
Association
and
Declarant
or
its
affiliates,
subsidiaries, successors and assigns for the reason that at
the time of entering into the management or maintenance
agreement, the employees, officers or agents of Declarant, or
its affiliates, subsidiaries, successors and assigns are the
officers,
directors or employees of the Association.
Specifically, the property the Association shall maintain and
be responsible for shall include the following:
4.3.1
All roads within the Property which are dedicated or
reserved to~the Association on any plat of any portion
~of the Property or conveyed by deed to the
.
~Association .
4.3.2
All landscaping of the Common Property, including
10
.:." . :;J~~
~,:Ii'-;
'4.4
'\
I
"
t' 4.5
'.
0:+: ~., .~:...... ,:~'.: .
without limitation, all sodding, irrigation and the
4.3.3
planting and care of trees and shrubbery.
The entry gates, entry signage, and entry features, if
any, located on the Common Property.
4.3.4. The Common Area swimming pool and cabana/bathrooms, if
any.
Rules and Regulations Governing Use of Property.
The
Association, through its Board of Directors, shall regulate
the use of the Property by Owners and may from time to time
promulgate rules and regulations consistent with this
Declaration governing the use thereof as it may deem to be in
the best interest of its Members. No rules or regulations may
"
be adopted which would adversely affect the rights of any
Mortgagee without the prior written consent of such Mortgagee.
A co~y of all rules and regulations established hereunder and
any amendments thereto shall be all Members at the Association
office. Such rules and may be enforced by legal or equitable
action.
Traffic I Regulation.
Subject to approval by the City, the
Association, through its Board of Directors, shall have the
right to post and promulgate Traffic Regulations throughout
THE HILLS OF LAKE EDEN for use of the Streets. A copy of all
Traffic Regulations established hereunder and any amendments
thereto shall be made available to all members for inspection
at the office of the Association. The Association, through
its Boards of Directors, shall also have the right to
establish enforcement mechanisms for violation of the Traffic
Regulations, including without limitation, the assessment of
special assessments for non-compliance, which shall be
collected pursuant to Article 6 of this Declaration, the
removal of vehicles from the Property, and the suspension of
Owners' rights and.. easements of enjoyment provided herein.
Upon request, but in no event later than thirty (30) days
.
after th~ imposition of any remedy for violation of a Traffic
Regulation, those who violate the Traffic Regulations shall be
11
"":!'.
: '. ',', ~ ;',." ,
4.6
4.7
entitled to a hearing' before the Board of Directors and
hearing.
forty-eight (48) hours notice prior to the date of such
Owners' Easements of Enjoyment.
Subject to the provisions
herein below, each Owner shall have a right and easement of
enjoyme~t in and to the Common Property which shall be
appurtenant to, and shall pass with the title to each Lot.
Extent of Owner's Easements.
The rights and easements of
enjoyment created hereby shall be subject to the following:
4.7.1
4.7.2
4.7.3
4.7.4
4.7.5
4.7.6
4.7.7
The right of Declarant and the Association to borrow
money for the purpose of improving the Common Property
and in connection therewith, to mortgage the Common
Property.
The right of Declarant and the Association to take
such steps as are reasonably necessary to protect the
Common Property against foreclosure.
The right of the Association to suspend the enjoyment
rights and easements of any Owner for any period
'during which an Assessment remains unpaid by that
Owner, and for any period during which such Owner is
in violation of 'this Declaration or any of the rules
and regulations or the Traffic Regulations.
The right of the Association to maintain the Common
Property and other property described in paragraph 4.3
of this Declaration.
The rules and regulations governing the use and
enjoyment of the Property and the Traffic Regulations,
as promulgated by the Association.
The right of the Declarant and the Association to
dedicate or transfer all or any part of the Common
Property to any governmental or quasi-governmental
agency, autvority, utility, water management or water
~control district.
,
~Restrictions, dedications and easements contained on
any plat, or filed separately, with respect to all or
12
.,1- (',
4.7.8
any portion of the Property.
All of the provisions of this Declaration, and the
Articles
of
Incorporation and By-Laws
of
the
Association, and all rules and regulations and Traffic
Regulations adopted by the Association, as some may be
amended from time to time.
4.7.9
The Owner's easements of enjoyment shall be subject to
the Common Property and the Lots for present and
future utility services to the Property, including,
but not limited to, easements for water pipes,
sanitary sewer pipes, emergency sewer lines, storm
drainage pipes, sprinkler pipes, telephone cables,
security wires and street lights. Easements for such
"
utility services are reserved by Declarant for all
buildings and improvements which have been or may be
constructed on the Property and Declarant may grant
specific easements to utility companies and others as
reasonably necessary.
4.7.10 In case of
any emergency originating in,
or
threatening any Lot, regardless of whether the Owner
'is present at the time of such emergency, the Board of
Directors of the Association, or any other person
authorized by the Association, or the management agent
under a management agreement, shall have the right to
enter such Lot and the Improvements located thereon,
for the purpose of remedying, or abating the cause of
such emergency,
such right of entry shall be
immediate.
4.7.11 The Owners' easements of enjoyment shall be subject to
the rights
reserved by Declarant,
for
future
development of the Property. As a material condition
for ownership of a Lot, each Owner, by accepting a
deed to a Lot, releases Declarant from any claim for
interferenq~ of his quiet enjoyment of his Lot or the
~Common Property, due to the development of the
.
~Property, whether or not the construction operations
are performed on the Common Property or the Lots, and
13
~f .
I ,-; :.., ,,.,~,~
FEB-28-97 FRI 04:09 PM INDEPENDENCE TITLE
FAX NO.
P. 02
each OWner acknowledges and agrees that Dec larant
shall have the sole right of design, construction,
development and improvement of the Common Property,
and the Lots within the Property.
4.8 Continual Maintenance. In the event of a permanent
dissolution of the Association, the Members shall immediately
thereupon hold title to the Common Property as tenants in
common and shall collectively provide the continued
maintenance and upkeep thereof. In no event shall the County
or City ba obligated to accept any dedication offered to it by
thQ Association or the Members pursuant to this section, but
the Couney and City may accept such a dedication and any such
acceptance must be made by fOn'llal resolution of the then
empowered Soard of County Commissioners or the Boynton Beach
City Commit;;sion. In thQ ,",VQnt of :ill dissolution of the
Aseociation, for whatQvQr roason, a.ny Owner may petition the
circuit court of th~ 15th 3udicial Circuit of the State of
Florida for the appointment of a receivlCr to manage the
a~fairs of the dissolved Association placQ and instead of the
association, and to make such provisions as may bQ necessary
for the continued ~anagQmQnt of thQ affair~ of the dissolvgd
A~~ociation and the Common Property.
4.9 Plat. Any plat or replot of the Property eubjece eo this
Declaration mu~t conform with the Master Plan and Site Plan(s)
eus approved by the City of Boynton Beach 0$ well a9 the
applicable Ci~y Code of OrdinAnce..
ARTICLE S
tASEMENTS
5.1 Easement Grants. The following easements ~e hereby granted
and reserved over, across and through the Property:
5.1.1 Easements for the inetallation and. :maintenance of
ut111t1es are granted as shown on th~ recorded
5UDdivis.1.on plat15 of the Property. Wit:.hin the~e
easement 4reas, no structure, planting or other
14
~
5.1.2
5.1.3
5.1. 4
. . , '~id 1."' ..;, ..;-~.
material other than sod, shall be placed or permitted
to remain (unless approved by all utility users),
which may interfere with the installation and
maintenance of underground utility facilities. The
Association (or such other entity as indicated on the
plats) is hereby granted access to all easements
within which such underground facilities are located
for the purpose of operation, maintenance and
replacement thereof.
Easements for the installation and maintenance of
drainage facilities are granted to the Association and
other entities as shown on the recorded subdivision
plats of the Property. Within these easement areas,
no structure, planting or other material, other than
sod shall be placed or permitted to remain (unless
installed by Declarant), which may interfere with such
installation and maintenance, or which may obstruct or
retard the flow of water through drainage channels.
The Association (and any other entity indicated on the
plat) shall have access to all such drainage easements
'for the purpose of operation and maintenance thereof.
The Common Property is hereby declared to be subject
to a perpetual non-exclusive easement in favor of the
Association, employees and agents of the Association,
and of any management or maintenance entity contracted
by the Association, in order that such employees,
agents or management or maintenance entity may carry
out their duties including, without limitation,
maintenance of property and the provision of security
services) and may have reasonable access to all
property dedicated to the Association on the recorded
Plat (s) of the Property or conveyed to the Association
by deed.
A non-exclusive easement is hereby granted for ingress
~and egress for pedestrian and vehicular traffic over,
I
tthrough and across streets, walks, parking areas,
other rights of way, and such other portions of the
15
;1., : ,<,-,,,,.~.,.~... ":,. ~ ~'ri
.'.~, ::..:! "~~;~j:~c~,\o~.j i.:I~
Common Property' as may from time to time be intended
and designated for such uses and purposes, for the use
and benefit of the Owners, their families, guests,
employees and invi tees, in obtaining reasonable access
from the Lots to the abutting public way.
5.1.5
An easement is hereby granted to each Mortgagee for
.the purpose of access to the property subject to its
mortgage.
5.1. 6
Easements are hereby reserved throughout the Property
by Declarant for its use and the use of its agents,
employees, licensees and invitees for all purposes in
connection with the development of the property, THE
HILLS OF LAKE EDEN.
Declarant retains the right to
maintain an office located, in its discretion, on the
Property until such time as all Lots within THE HILLS
OF LAKE EDEN owned by Declarant have been sold to
Owners other than Declarant and closed.
Declarant
shall have the right to maintain a sales agency
office, together with a sign or signs on Lots of its
choice within the Property, and the Common Property,
ISO long as Declarant is the owner of any property
within THE HILLS OF LAKE EDEN.
5.2
Additional Easements.
Declarant, and the Association shall
have the right to grant additional easements, or to relocate
existing easements throughout the Property and to grant
permits and licenses throughout the Property for utilities,
cable television services, roads and for such other purposes
as the Declarant, and the Association may deem to be in the
best interests of the Owners, or reasonably necessary or
useful for the proper maintenance or operation of the
Property.
5.3
Restriction on Owner Easements.
No Owner, other than
Declarant, shall grant any easement upon any portion of the
.
Property to any person or entity, without the prior written
consent of the Association.
16
ARTICLE 6
ASSESSMENTS AND LIEN
6.1 Authority of Association. The Association, through its Board
of Directors, shall have the power and authority to make and
collect Assessments as hereinafter set forth. All Assessments
made by the Association shall be collected by the Association
or such .agent as shall be designated by the Association for
collection of Assessments.
6.2 General Assessments. General Assessments shall be determined
annually for the purpose of maintenance and management of the
Association, the Common Property and maintenance of that
portion of the Lots outside of the Units, as hereinafter set
forth, and for the purpose of promoting the safety and welfare
of the Owners.
Wi thout limiting the foregoing, general
Asse~sments shall be used for payment of:
operation,
maintenance and management of the Association and the Common
Property; property taxes and assessments against and insurance
coverage for the Common Property; legal and accounting fees;
maintenance of any streets dedicated or reserved to the
Association; management fees; normal repairs and replacements;
charges for utilities used upon the Common Property;
maintenance of the pool and cabana areas and bathrooms;
cleaning services; the creation of such reserve accounts as
may be required from time to time by the Board of Directors;
expenses and liabilities incurred by the Association in the
enforcement of its rights and duties against the Members or
others; maintenance of vacant property; maintenance of that
portion of the Lots outside of the Units as hereinafter set
forth and all other expenses deemed by the Board of Directors
of the Association to be necessary and proper for management,
maintenance, repair, operation, enforcement and for the
promotion of the safety and welfare of the Owners.
6.3 Basis and Collection of General Assessments. The Association
.
shall ahnually estimate the Common Expenses it expects to
incur and the period of time involved therein and shall assess
17
its Members sufficient'monies to meet this estimate. All
Lots, except Unimproved Lots, shall be assessed at a uniform
rate to be determined by the Association, so that all Lots
(except Unimproved Lots) subject to a general Assessment shall
be assessed equally.
Should the Association at any time
determine that the Assessments made are insufficient to pay
the Co~on Expenses, the Board of Directors shall have the
authority to levy additional general Assessments to meet such
needs. General Assessments shall be payable in advance on a
monthly basis.
6.4 Special Assessments. The Association shall have the power and
6.5
. \ ',"..r'o "
authority to levy and collect a special Assessment from each
Member for payment of the following:
the acquisition of
property by the Association; the cost of construction of
capi~al improvements to the Common Property; the cost of
construction, reconstruction, unexpected repair or replacement
of the Common Property or any capital improvement, and
including the necessary fixtures and personal property related
thereto; including, without limitation, such costs resulting
from an'Act of God, hurricane, flood or freeze damage; the
expense of indemnification of each Director and Officer of the
Association; and any other expenses included in the budget
adopted annually by the Association.
All Lots, except
Unimproved Lots, shall be assessed at a uniform rate. A
special Assessment shall be collectible in such manner as the
Board of Directors shall determine. If a special Assessment
shall exceed FIVE HUNDRED ($500.00) per Lot, it shall require
the approval of the Members of the Association, to be obtained
at a duly convened regular or special meeting at which a
Quorum exists and which is called at least in part to secure
this approval. Approval shall be by an affirmative vote of at
least fifty-one percent (51%) of the votes present in person
or by proxy.
I
Emergendy S~ecial Assessments.
The Association may levy an
emergency special Assessment when, in the sole determination
18
. ~ ,,' " ..' . rt~. ~ ,;"'" I
", ~';"~'T' ~~.{ i
of the Board of Directors, there is potential danger of damage
to persons or property. Emergency special Assessments may be
utilized to pay for improvements, repairs or replacements.
Events justifying emergency special Assessments include, but
are not limited to, hurricanes, floods and fires. Emergency
special Assessments shall be collected in such manner as the
Boards Qf Directors shall determine.
6.6 Individual Assessments. The Association shall have the power
and authority to levy and collect an individual Assessment
against a particular Lot for the cost of maintenance, repairs
or replacements to the Common Property, or any other property
to be maintained by the Association, necessitated by the
negligent or willful acts of an owner or his invi tees,
licensees, family or guests, or for the cost of maintenance,
repa~rs or replacements within or without the Lot, which the
Owner thereof has failed or refused to perform. The
Association shall have the right to enter into and onto each
Lot
to
perform
necessary
maintenance,
repairs
and
replacements, including the right to abate or eliminate any
. I
nu~sance.
The individual assessment may include an
administrative fee charged by the Association in an amount to
be determined by the Board of Directors,in its discretion,
from t1me to time.
All individual Assessments shall be
collected in such manner as the
Board of Directors shall
determine.
6.7
Special Assessments for Non-Compliance:
In addition to all
other remedies provided in this Declaration, the Board of
Directors, in its sole discretion, may levy a Special
Assessment against an Owner for failure of the Owner, his
family, guests, invitees, or employees, to comply with any
provision in this Declaration or the Articles, By-Laws, rules
and regulations or_Traffic Regulations of the Association,
providecl that the following procedures are followed:
6.7.1
I
'Notice. The Association shall notify the Owner of the
infraction or infractions.
Included in the Notice
19
shall be the date and time of the next Board of
Directors Meeting at which the Owner shall present
testimony as to why the Special Assessment should not
be imposed.
6.7.2
Hearing. The non-compliance shall be presented to the
Board of Directors at the time and place provided in
the Notice, at which meeting a hearing shall be
conducted for purposes of obtaining testimony as to
the levying of a special Assessment in the event that
it is determined that a violation has in fact
occurred. Written decision of the Board of Directors
shall be submitted to the Owner no later than twenty
one (21) days after the hearing.
6.7.3
Amount of Special Assessment. The Board of Directors
may impose the following Special Assessments against
the Owner in the event a violation is found:
6.7.3.1 First Non-Compliance for Violation:
A Special
Assessment in an amount not in excess of $100.00.
6.7.3.2 Second Non-Compliance for Violation:
A Special
Assessment in an amount not in excess of $500.00.
6.7.3.3IThird and Subsequent Non-Compliance Violation or
Violations which are of a Continuing Nature: A fine
in an amount not in excess of $1,000.00
6.7.4
Due Date of Special Assessment. A Special Assessment
as provided in this Article shall be due and owing not
later than thirty (30) days after the written decision
as provided in Section 6.7.2 above.
6.8
Effect of Non-payment of Assessment.
All notices of
Assessments from the Association to the Members shall
designate when the Assessment is due and payable.
If an
Assessment is not paid on the date when due, it shall then
become delinquent and shall bear interest at the maximum rate
allowed by law (and in the absence of such law, at such
interest rate as the Board of Directors of the Association may
.
decide from time to time) from the date when due until paid.
The Assessment; together with interest thereon and the costs
20
of collection thereof, including attorneys' fees, shall be a
continuing lien against the Lot owned by the Member against
whom the Assessment is made and shall also be the continuing
personal obligation of the Owner thereof and such personal
obligation shall pass to a successor in title to a Lot until
such time as the Assessment is paid as provided for herein.
The Association shall also record a claim of lien in the
Public Records of the County setting forth the amount of the
unpaid assessment, the rate of interest due thereon and the
costs of collection thereof. If any Assessment or any
installment thereof shall not be paid within thirty (30) days
following the due date, the Association may declare the entire
annual unpaid Assessment immediately due and payable. The
Association may at any time thereafter bring an action to
foreclose the lien against the Lot assessed in the manner in
whic~ mortgages on real property are foreclosed and a suit on
the personal obligation of the Owner. A suit to collect
unpaid Assessments may be prosecuted by the Association
without waiving the lien securing such unpaid Assessments
costs and attorneys' fees. There shall be added to the amount
of the I Assessment the costs of such action, including
attorneys' fees, and in the event a judgment is obtained, such
judgment shall include interest on the Assessment as above
provided and costs,including attorneys' fees, incurred by
the Association. Any successor in title to a Lot shall be
held to constructive notice of the records of the Association
to determine the existence of any delinquency in the payment
of Assessments.
6.9 Additional Assessments. Any charges or costs which may be
levied against the Lots by any government entity, including,
without limitation, trash collection charges which may be
levied by Palm Beach County. Such charges or costs shall be
the sole responsibi.~ity of the Owners of the Lots and are not
include~ in the Assessments.
6.10 Certificate of Assessments. The Association shall prepare a
21
roster of the Members, their respective Lots and Assessments
applicable thereto, which shall be kept in the office of the
Association or at the office of the appointed management
company, and shall be open to inspection by all Members at
reasonable business hours. At the request of an Owner, the
Board of Directors shall prepare a Certificate of Assessments
signed ~y an officer of the Association, or an agent or
management company, if one exists, setting forth whether the
Owner's Assessments have been paid and the amount which is due
as of the date of the Certificate.
As to parties without
knowledge of error who rely thereon, such Certificate shall be
presumptive evidence of payment or partial payment of any
Assessment therein stated as having been paid or partially
paid.
6.11
Subordination of Lien to Mortgages.
,
Regardless of the
effective date of the lien of any Assessments made by the
Association, such Assessment lien shall be subordinate and
inferior to the lien of the mortgage of any Mortgagee. Such
subordination shall, however, apply only to the Assessments
which have become due and payable prior to a final sale or
transfer of the mortgaged Lot pursuant to a decree of
foreclosure or in any other proceeding or conveyance in lieu
of foreclosure of the mortgage.
No such sale or other
transfer shall relieve any Lot from liability for any
Assessment becoming due thereafter, nor from the lien of any
such subsequent Assessment. Any delinquent Assessments which
are eliminated against a Lot pursuant to a sale or transfer in
connection with the foreclosure of a mortgage, or any
proceeding or deed in lieu of foreclosure, may be reallocated
and assessed to all Owners as a Common Expense. The written
opinion of the Association that the Assessment lien is
subordinate to a mortgage lien shall determine any question of
subordination.
I
6.12 payments' by Declarant. Notwithstanding any provision that may
be contained to the contrary in this instrument, for so long
22
as Developer is the owner of any Lot, the Developer shall not
be liable for Assessments against such Lot, provided that
Developer funds any deficit in operating expenses in excess of
assessments billed and initial capital contribution collected
from the Association.
Developer may at any time commence
paying such assessments as to Lots that it owns and thereby
automat~cally terminate its obligation to fund subsequent
deficits in the operating expenses of the Association. In any
event, any funding of Association deficits shall be treated as
loans from the Developer to be repaid by the Association at a
market rate of interest.
6.13 Exempt Property. The following property shall be permanently
exempt from the payment of all Assessments by the Association:
6.13.1 All property dedicated or reserved to or owned by the
Association.
6.13.2 All property dedicated to or owned by the water
management district, water control district or other
party responsible for maintenance of the water
management system within THE HILLS OF LAKE EDEN.
6.13.3 IAny portion of the Property dedicated to the County.
6.13.4 Any portion of the Property exempted from ad valorem
taxation by the laws of the State of Florida.
6.13.5' Any Unimproved Lots.
6. 14 Initial Capital Contribution. In addition to all of the
foregoing Assessments, Owners shall also be required to pay,
at the time of the closing of their Lots, a sum equal to two
(2) months general Assessments, assessed against a Lot by
the Association, which sum shall be paid to the Association as
an initial contribution to the working capital of the
Association.
This initial contribution shall not relieve
Owner of Owner's responsibility to pay all prepaid monthly
installments of tl1e general Assessments assessed against
Owner' s ~ Lot, as well as all subsequent Assessments. The
I
contribdtion is a one-time contribution to be made by the
ini tial purchasers of Lots from Declarant.
All capital
23
FEB-28-97 FRI 04:09 PM
INDEPENDENCE TITLE
FAX NO.
P. 03
contributions received by the Association shall be for 'Cbe use
and benefit of the Association ana the owners.
Notwithstanding the foregoing, the Developer, for so long as
it controls the Board of Directors, shall have the right to
use the Initia.l Capital Contributions to pay for ordinary
expenses of the Association.
ARTICLE i
MAINTENANCE OF EROPERTY
7.1 Association Resnonsjbilitiea. The Association shall be
re~ponsible for perpetual maintenance of the following:
7.1.1
7.1.2
7.1.3
1.1.4
All roads within the Property which are dedicated or
rQsorved to the Association on any plat of any portion
of the ProPQrty or conveyed by deed to the
Association. All landscaping and irrigation of the
Common Property _ The entry gates, entry signage, and
Qntry featurQs, and other improvements, if any,
located on the Common Property-
The Aeeociation shall perpetual maintain a.11
landecaping including hQrnu;, irrigation and other
improvement:s Buch as I site wall, fence or siqnage that
i~ located within an easomant identified on the Plat
a8 a Fence and Berm EasemQnt or Landscape Buffer
Easement.
The Association ehc.ll perpetual maintain the area
identified on the Plat as Tract "B" (preliarvation
are8) and Tract"C" (preservation a.rQa). ThQ
maintenance 5hall be in ~ccordance with the Hills of
LaKe Eden Pre~ervation Area Management Plan (datQd
November 1995) and described in Exhibit B which i~
affixed hereto anct made a part hereof.
In the event that any Owner fai15 to properly maintain
any proper~y ~hat the Owner i~ required ~o maintain,
the Association shall have the right to make any
repairs or replacements Cl15 it deems necel!lsary. In
such event, the A8Soci~tion ohall have the right to
24
~
individually assess the Owner involved for all costs
incurred in making such repairs or replacements,
pursuant to Article 6 of this Declaration.
7.2
Owner Responsibilities.
The Owner of each Lot shall be
responsible for maintenance of the interior areas of the Unit,
including but not limited to the garage, driveway, and the
doors, windows, screens and the exterior of each Unit,
including but not limited to the roof and exterior walls of
the dwelling and attached garage, the painting of the exterior
surfaces and the mailbox. All Lots shall be kept in a clean
and sanitary condition and no rubbish, refuse or garbage shall
be allowed to accumulate or any fire hazard allowed to exist.
The Owner of each Lot shall be responsible for the maintenance
of any lawn, trees, shrubs and all landscaping on the Loti
prov~ded, however, that no landscaping whatsoever may be
installed by an Owner on a Lot without the approval of the
D.R.B., as set forth in Section 9.1.17 hereof. The homeowner
is not responsible for the maintenance of the site wall,
fence, landscaping, irrigation or any other improvement
located Iwithin a Fence and Berm Easement or Landscape Buffer
Easement on their lot. The expense of any maintenance, repair
or construction of any portion of the Common Property or the
exterior of any Unit necessitated by the negligent or willful
acts of an Owner or his invitees, licensees, family or guests
shall be borne solely by such Owner and his Lot shall be
subject to an individual Assessment for such expense.
Extraordinary repairs or replacements beyond the normal
maintenance performed by the Association, but not resulting
from a casualty covered by insurance, shall be timely
performed by the individual Owner at his own expense, subject
to the Association's satisfaction that such repairs or
replacement comply with the restrictions contained in Articles
8 and 9 hereof.
The Board of Directors of the Association
shall d~termine in its sole discretion, which repairs and
.
replacen\ents are "normal" and performed by the Association,
and which are extraordinary and performed by an Owner. In the
25
. '.,... . ....~.
event the Owner fails .to perform its responsibilities, as
aforesaid, the Association shall have the right, but not the
obligation, to perform such maintenance and to assess the
costs thereof against such Owner and his Lot as an individual
Assessment, pursuant to Article 6 of this Declaration. The
Association and its agents and employees shall have an
irrevocable right of access to all Lots to make emergency
repairs, to do maintenance and repair work required to be
performed by the Association pursuant to the terms hereof, and
to do such other work reasonably necessary for the proper
maintenance and operation of the Property.
ARTICLE 8
ARCHITECTURAL CONTROLS
It is the intent of the Declarant to create within the Property a
residential c~:>Inmunity of high quality and harmonious Improvements.
Accordingly, no Improvements shall be commenced, erected, placed or
maintained within the Property nor shall any addition, change or
alteration be made to any Improvements unless and until the plans,
specifications, materials, colors, and location of same shall have been
submitted to and approved in writing by the Developmental Review Board
of THE HILLS OF LAKE EDEN. The procedures to be followed by the D.R.B.
shall be as set forth herein, and in the rules, regulations and
standards as may be adopted by the D.R.B. of THE HILLS OF LAKE EDEN
from time to time.
In any case, any improvement made shall be
performed in accordance with the applicable governmental authority
codes, and by licensed and insured individuals.
ARTICLE 9
USE RESTRICTION
9.1 Restrictions on Use of Lots and Common Property.
9.1.1
Residential Use.
All Lots shall be used only as
single family, private, residential dwellings and for
no other p~rpose,
"Single Family" shall mean and
~refer to either a single person occupying a Unit and
.
'maintaining a household, including not more than one
authorized tenant; or two (2) or more persons related
26
r-,
by blood, marriage, or adoption occupying a Unit and
living together and maintaining a common household,
including not more than one authorized tenant; or not
more than four (4) unrelated persons occupying a Unit
as distinguished from a group occupying a boarding or
lodging house, hotel, club or similar dwelling for
.group use.
9.1.2 No Commercial Activities. No Lot shall be used or
occupied for any purpose other than as a residential
dwelling by a Single Family, its household and guest.
No business or commercial activity shall be permitted
on any Lot, nor shall any business be conducted on any
part thereof. Cars, trucks, vans, and any other
vehicles shall be prohibited from being parked other
than for pick ups and deliveries, if they display
commercial signs thereon. The foregoing restrictions
shall not apply to the Declarant.
9.1.3 Pets. No animals, livestock, or poultry of any kind
shall be raised, bred or kept on any Lots except that
dogs, cats or other household pets may be kept. An
'owner shall have no more than 2 pets and each pet
cannot exceed the maximum weight of 25 pounds. All
dogs must be on a leash or carried when on the
Property: however, no pets shall be permitted within
any recreational areas, including, without limitation
the Pool and Cabana, if any, under any circumstances.
It shall be the pet owner's obligation to remove the
pet's waste material from all property maintained by
the Association. The Board of Directors of the
Association shall have the right to order the removal
of any pet which is considered, in the Board's sole
discretion, a nuisance. In such event, the Board of
Directors shall give written notice thereof to the pet
owner, and.. the pet shall immediately thereafter be
~permanently removed from the Property.
9.1.4
Temporary Structures.
27
No temporary buildings,
.~~;
f . ".,..,,'...~, <
9.1.5
9.1.6
9.1.7
9.1. B
structures or tents, either with or without living,
sleeping or eating accommodations, shall be placed,
located, kept or maintained within the Property.
Insurance.
No owners or occupants of a Lot shall
permit or suffer anything to be done or kept within
his or their Lot or make any use of the Common
Property which will increase the rate of insurance on
any portion of the Property.
Nuisances. No use or practice which is, in the sole
opinion of the Board of Directors of the Association,
either an annoyance to other Owners or an interference
"
with the peaceful possession and proper use of the
Property by Owners, shall be allowed. No Owner and no
occupants of a Lot shall commit or permit any nuisance
or illegal activity in or about the Property.
Outside Displays. No Owner and no occupants of a Lot
shall cause anything to be affixed or attached to,
Ihung, displayed or placed on the exterior walls,
doors, balconies or windows of his or their Lot,
including reflective film, except with the prior
written consent of the D.R.B.
This provision shall
not apply to the Declarant.'
Antennae.
No radio, television or other electronic
antennae, aerial, or satellite receiving dish, or
other reception or transmission device may be erected
or maintained anywhere on the Common Property or the
exterior of any Lot or Unit unless installed by
Declarant or with the prior written consent of the
D.R.B.
No vans or pickups over 1/2 ton,
9.1.9 .Motor Vehicles.
~campers, trailers, motorcycles, recreational vehicles,
boats and/or boat trailers, commercial vehicles (other
28
t" ,.:, ". ',.
. '. ;.~ ::l~~40- ': I, ':'1 j
than in connection with pick ups and deliveries}, or
inoperative vehicles shall be stored or parked within
the Property, or on any Lot, unless parked in a garage
with closed doors out of public view, nor shall any
motor vehicles by repaired on the Property or on any
Lot. For purposes of this subsection, any vehicle
.weighing in excess of one-half (1/2) ton payload
capacity shall be conclusively presumed to be a
commercial vehicle. Determinations as to acceptable
motor vehicles shall be made in the sole discretion of
the Board of Directors of the Association.
9.1.10 Exterior Alterations. No structural changes, exterior
color changes, alterations or additions shall be made
or added to any Unit or Lot without the prior written
approval of the D.R.B.
9.1.11 Trash Containers. All trash containers and contents
thereof shall be stored in an area not visible from
the Streets or adjoining Lots. For purposed or
'periodic trash removal, however, an Owner, within
twenty-four (24) hours prior to pick-up, may place the
covered trash containers at locations convenient for
pick-up.
9.1.12 Awnings. No awnings, canopies or shutters, including
hurricane or storm shutters, shall be attached or
affixed to the exterior of any building unless such
awnings, canopies or shutters have been approved in
writing by the D.R.B. Notwithstanding the foregoing,
hurricane or storm shutters may be erected when there
is an imminent threat of a storm or hurricane,
provided that such shutters are removed within forty
eight (48)" hours after the storm or hurricane has
~passed.
9.1.13 Parking. The parking and storage of automobiles and
29
/;.:~1It I" ~, .
..
other motor vehicles shall be limited to the driveways
and garages of Lots and other paved surfaces
designated by the Association.
9.1.14 Clothes and Drying Facilities. No outside clothesline
or other clothes drying facility shall be permitted,
.unless obscured from public view.
9.1.l5 Signs. No sign of any kind shall be displayed to the
public view on any portion of the Property, except
such signs as are placed by the Declarant. No sign of
any kind (including but not limited to "For Sale"
signs) shall be permitted to be placed inside a Unit
or on the outside walls of the Unit or on any fences
on the Property, nor on the Common Property, nor on
dedicated or reserved areas, nor on entryways nor any
vehicles within the property, except such as are
placed by the Declarant or are approved in writing by
the Development Review Board prior to the sign being
placed or erected.
9.1.16 Landscaping. No Owner shall place any landscaping on
his Lot outside his Unit or on the Common Property
without the express prior written consent of the
D.R.B.
In the event an Owner shall obtain such
consent, the landscaping shall be maintained by the
Owner, at his own cost and expense.
9.1.17 No Excavation, Mining or Drilling. Excavation, mining
or drilling on the Property shall not be permitted.
9.1.18 Other Improvements. The construction or erection of
any Improvements on any of the Lots, or the
reconstruction or alteration of any Improvements,
~ including sports, recreational or toddler/children
,
~equipment, shall be subject to the prior written
approval of the D.R.B.
30
..:~~i
9.1.19 Easement. No Unit or other Improvement, or any trees,
bush, shrub or landscaping of any kind shall be built
or maintained upon any easement or right of way
without the prior written approval of the utility
company to whom said easement or right of way is
.granted and the prior written approval of the D.R.B.
The D.R.B. may disapprove construction or landscaping
of an easement or right of way even if approval has
been given by the utility company, and in said
instance, the construction or landscaping shall not be
allowed.
9.2
Additional Rules and Regulation.
The Declarant, until the
Turnover Meeting, and thereafter the Board of Directors of the
Asso~iation,
may establish such additional rules and
regulations as may be deemed for the best interests of the
Association and its Members for purposes of enforcing the
provisions of this Declaration. Provided, however, no rules
and regulations shall be adopted by the Board which would
I
adversely impact on the construction, development, sale or
marketing of the Property or on the condition or appearance of
the Property, without the prior written consent of the
Declarant, in accordance with the provisions of Section 3.6.2
hereof.
9.3
Exemption for Declarant:
Declarant's Easements:
The
provisions of this Article 9 shall not apply to the Declarant,
so long as the Declarant owns any property in THE HILLS OF
LAKE EDEN, or is doing construction or repair work in THE
HILLS OF LAKE EDEN.
In addition to the property rights
granted in this Declaration to the Declarant, as an Owner or
otherwise, the Declarant is extended the right to enter upon
the Property at an~ time and in any way reasonably necessary
to allow the Declarant to construct, sell, or promote in this
.
subdiviSion or any contiguous subdivision or to carry out any
responsibility
of
the
Declarant
to
Owners
in
such
31
subdivisions.
9.4 Appeals and Variances. As to those restrictions contained in
this article 9 that are to be enforced by the D.R.B., the
procedures for appeals and variances shall be as established
by the D.R.B.
As to those restrictions contained in this
Article.9 that are to be enforced by the Association, the
p~ocedures for appeals and variances shall be as established
by the Board of Directors of the Association.
9.5 Enforcement. Failure of an Owner to comply with a provision
in the Declaration or a provision in the By-Laws, Articles of
Incorporation, rules and regulations or Traffic Regulations of
the Association shall provide the Association with the right
to bring legal action in law or in equity, including but not
limi~ed to any action for injunctive relief, damages, or a
combination thereof, the right to impose a special Assessment
for non-compliance, as provided herein and in the event of a
failure to pay Assessments or to abide by the architectural
restrictions in the Declaration, the right to foreclose its
lien, a~ provided herein. All costs and expenses incurred by
the Association in any such proceeding, inclusive of
attorney's fees and costs (whether or not litigation is
instituted) including
such costs and attorney's fees on
appeal, shall be the responsibility of the Owner determined by
the Association to be in violation. Collection of such
attorney's fees may be enforced by any method in this
Declaration providing for the collection of an Assessment,
including but not limited to a foreclosure proceeding.
ARTICLE 10
INSURANCE
Insurance, other than title insurance, that shall be carried on the
Common Property shall be go~~rned by the following provisions:
10.1 Authority to Purchase: Named Insured. All insurance policies
upon thJ Common Property shall be purchased by th~ Association
and shall be placed in a single agency or company, if
32
-, ''l
'. ::/0 . ~:' :." I,: '. . \
possible.
The named insured shall be the Association for
itself and as agent for the Members without naming them and as
agent for Mortgagees.
provisions shall be made for the
issuance of Mortgagee endorsements and memoranda of insurance
to any such Mortgagees.
The policies shall provide that
payment by the insurer for losses shall be made to the
Association for the benefit of the Members and Mortgagees, as
their interests may appear.
The Owners shall purchase
insurance on their individual Lots, which Lots shall be
insured at their maximum insurable replacement cost; provided,
however, all other variables of insurance coverage on the
respective Lots may be as each Owner deems appropriate.
10.2 Coverage.
10.2.1 Casualty Insurance. All insurable Improvements on the
Common Property shall be insured for fire and extended
coverage perils, excluding foundation and excavation
costs, at their maximum insurable replacement cost and
all personal property owned by the Association shall
be insured for its full insurable value, all as
determined annually by the Board of Directors of the
IAssociation.
The casualty insurance policy must
provide for at least ten (10) days written notice to
the Association before the insurer can cancel or
substantially modify the policy.
10.2.2 Public Liability Insurance.
The Association shall
obtain public liability and property damage insurance
covering all of the Common Property, and insuring the
Association, the Members and Mortgagees as their
interests may appear in such amounts and providing
such coverage as the Board of Directors of the
Association may determine from time to time; including
without limitation, coverage for bodily injury and
property da~age resulting from operation, maintenance
~or use of the Common Property and any legal liability
.
~arising in connection with employment contracts to
which the Association is a party provided that the
33
....
~,'I .'
~ J~i' ','. "
minimum amount of coverage shall be $500,000.00 each
person and $1,000,000.00 each incident. The liability
insurance shall include, but not be limited to,
hired and non-owned automobile coverage. The
liability policy must provide for at least ten (10)
days written notice to the Association before the
.insurer can cancel or substantially modify the policy.
10.2.3 Workmen's Compensation Insurance.
The Association
shall obtain Workmen's Compensation Insurance in order
to meet the requirements of law, as necessary.
10.2.4 Flood Insurance. The Association shall obtain flood
insurance if required to meet the requirements of
federal, state or local law.
10.2.5 Other Insurance.
The Board of Directors of the
Association shall obtain such other insurance as it
shall determine from time to time to be desirable.
10.2.6 ~ubrogation Waiver.
If available, the Association
shall obtain policies which provide that the insurer
waives its right to subrogation as to any claim
against Members, the Association and their respective
servants, agents and guests.
10.3 Premiums. The cost of insurance premiums and other incidental
expenses incurred by the Association in administering and
carrying out any of the provisions of this Article shall be a
Common Expense.
10.4 Shares of Proceeds. The Association shall not be liable for
the sufficiency of policies nor the failure to collect any
insurance proceeds... The duty of the Association shall be to
receive~such proceeds as are paid and to hold the proceeds in
.
trust fo~ the purposes elsewhere stated herein for the benefit
of Members and
Mortgagees in the following shares, which
34
shares need not be set forth on the records of the
Association:
10.4.1 Common Property.
Proceeds on account of damage to
Common Property shall be an equal undivided share for
each Member.
10.4.2 Mort9agees. In the event a Mortgage endorsement has
been issued regarding an Improvement, the share of the
Owner shall be held in trust for the Mortgagee and the
Owner as their interests may appear; provided,
however, that no Mortgagee shall have any right to
determine or participate in the determination as to
whether or not any damaged Improvement shall be
reconstructed or repaired, nor'any right to apply or
have applied to the reduction of a mortgage debt any
insurance proceeds except distribution of such
proceeds made to the Owner and Mortgagee pursuant to
the provisions of this Declaration.
10.5 Distribution of Proceeds.
Proceeds of insurance policies
received by the Association shall be distributed to or for the
benefit of the Members in the following manner:
10.5.1 Reconstruction or Repair.
If the damage for which
proceeds are paid is to be repaired or reconstructed,
the remaining proceeds shall be paid to defray the
cost of such, as hereinafter provided. Any proceeds
which remain after defraying such costs shall be
distributed to the Members and Mortgagees as their
interests may appear.
10.5.2 Failure to Reconstruct or Repair. If it is determined
in the mann~r hereinafter provided that the damage for
~which proceeds are paid shall not be reconstructed or
.
~repaired, the remaining proceeds shall be distributed
to the Member and Mortgagees as their interests may
35
appear. There shall be no distribution of remaining
proceeds until all debris, remains and residue have
been cleared and removed and the damaged area has been
properly landscaped. In the event of loss or damage
to personal or real property belonging to the
Association and should the Board of Directors of the
Association determine not to replace such personal or
real property as may be lost or damaged, the proceeds
shall be distributed to the Members and Mortgagees as
their interests may appear.
lO.6 Association's Power to Compromise Claims.
The Board 0 f
Directors of the Association is hereby irrevocably appointed
agent for each Member and for each Mortgagee or other lien
holder, for the purpose of compromis'ing and settling all
claims arising under insurance policies purchased by the
Association and to execute and deliver releases therefor upon
payment of claims.
ARTICLE 11
RECONSTRUCTION OR REPAIR AFTER CASUALTY.
11.1 Determination to Reconstruct or Repair.
If any part of the
Property shall be damaged by casualty, whether or not it shall
be rec'onstructed or repaired shall be determined in the
following manner:
11.1.1 Common Property. If the damaged Improvement is part
of the Common Property, the damaged Improvement shall
be reconstructed or repaired unless it is determined
by the Member of the Association that it shall not be
reconstructed or repaired.
11.1.2 Lot. I f the damaged property is Improvements on Lots,
the damaged Improvements shall be reconstructed or
repaired unless all affected Owners and Mortgagees,
the Associ~tion and the D.R.B. agree that the damaged
~Improvements shall not be reconstructed or repaired.
.
t
11.2 Plans and Specifications. Any reconstruction or repair must
36
~ <;;f:l~<~._,\. '.' _,
be
substantially
in . accordance
with
the
plans
and
specifications for the original Improvements; or, if none,
then according to plans and specifications approved by the
Board of Directors of the Association and the D.R.B.
11.3 Estimates of Costs. Immediately after a determination is made
to rebui~d, replace or repair damage to property for which the
Association has
the responsibility of reconstruction,
replacement or repair, the Association shall obtain reliable
and detailed estimates of the cost to rebuild, replace or
repair. Such costs may include professional fees and premiums
for such bonds as the Board of Directors may require.
11.4 Special Assessments.
Unless the damage was caused by the
gross negligence or willful act of a Member, in which case
such ,Member shall be liable, the amount by which an award of
insurance proceeds is reduced on account of a deductible
clause in an insurance policy shall be assessed equally
against all Members as a special Assessment. If the proceeds
of such special Assessment and of the insurance are not
sufficient to defray the estimated costs of reconstruction,
replacement and repair by the Association, or if at any time
during reconstruction, replacement and repair, or upon
completion of the costs of reconstruction, replacement and
repair are insufficient, special Assessments shall be made
against the Members in sufficient amounts to provide funds for
the payment of such costs.
11.5 Construction Funds.
The funds for the payment of costs of
reconstruction, replacement and repair after casualty, which
shall consist of proceeds of insurance held by the Association
and funds collected by the Association from special
Assessments against Members, shall be distributed in payment
of such costs in t~~ following manner:
I
11.5.1 ~Association. The proceeds of insurance collected on
account of a casualty, and the total special
37
..~;:~..;"~
It' ~ '~'~..... . ,\.. ',",. " i
Assessments made by the Association in order to
provide
funds
for
payment
of
reconstruction,
replacement
and
repair,
shall
constitute
a
construction fund which shall be held by the
Association and thereafter disbursed in payment of the
costs of reconstruction, replacement and repair in the
following manner and order:
11.5.2 Association - Lesser Damage.
If the amount of the
estimated costs of reconstruction, replacement and
repair that is the responsibility of the Association
is
less
than
Twenty-Five
Thousand
Dollars
($25,000.00), the construction fund shall be disbursed
in payment of such costs upon the order of the
Association.
11.5.3 Association - Major Damage.
I f the amount of the
estimated costs of reconstruction, replacement and
repair that is the responsibility of the Association
is Twenty-Five Thousand Dollars ($25,000.00) or more,
Ithen construction funds held by the Association shall
be disbursed in payment of such costs in the manner
required by the Board
of Directors of the
Association, and upon approval by an architect or
general contractor qualified to practice in Florida
and employed by the Association to supervise the work.
11.5.4 Surplus. It shall be presumed that the first monies
disbursed in payment of costs of reconstruction,
replacement and repair shall be from insurance
proceeds. If there is a balance in the construction
fund after payment of all costs of the reconstruction,
replacement and repair for which the fund is
established, such balance shall be distributed equally
~ to the Members. Any distributions will be made within
.
~one year and may be an offset to the next years budget
amount.
38
, ' ,..:' ~ ,', " I
,11.6 Equitable Relief.
In' the event of major damage to or
I
destruction of part of the Common Property or Improvements to
Lots and in the event the property is not repaired,
reconstructed, replaced or rebuilt within a reasonable period
of time, any Member shall have the right to petition a court
of equity having jurisdiction in the County, for equitable
relief.
ARTICLE 12
INDEMNIFICATION OF DIRECTORS, OFFICERS AND COMMITTEE MEMBERS
Every Director, Officer and Committee Member of the Association
shall be indemnified by the Association against all expenses and
liability, including attorneys' fees, incurred by or imposed upon him
in connection with any proceeding to which he may be a party or in
which he may become involved by reason of his being or having been a
Director, Off~cer or Committee Member whether or not he is a Director,
Officer or Committee Member at the time such expenses are incurred,
expect in such cases where the Director, Officer or Committee Member is
adjudged guilty of willful misfeasance or malfeasance in the
performance of his duties; provided however, that in the event of any
claim for reimbursement or indemnification hereunder based upon a
settlement or indemnification, the indemnification herein shall apply
only if the Board of Directors approves such settlement and
reimbursement as being in the best interest of the Association. The
foregoing right of indemnification shall be in addition to and not
exclusive of all other rights to which such Officer, Director or
Committee Member may be entitled.
ARTICLE 13
GENERAL PROVISIONS
13.1 Assignment. All of the rights, powers obligations, easements
and estates reserved by or granted to Declarant or the
Association may be assigned by Declarant or the Association,
as the case may be ... After such assignment, Declarant or the
Association, as the case may be, shall be relieved and
\
released of all obligations with respect to such right, power,
obligation, easement or estate.
39
'.J,
,,' -1:,,,,'1': ; "1'1~i';'", ~,.~~,
. . : :!:~J' , l"-".~~~t\~':':':~il.~~
,13.2 Amendment. This Declaration may be amended from time to time
by recording among the Public Records of the County an
instrument executed by the President or a Vice President and
attested to by the Secretary of the Association, indicating
(if required pursuant to the terms hereof) that a meeting
called for purposes of amendment was held and that the
requisi t,e number of Members formally approved the amendment,
subject, however, to the following provisions:
13.2.1 Except as provided herein below, an amendment
initiated by any party other than Declarant must
obtain the approval of at least eighty percent (80%)
of the votes of Members; provided that until such time
as the Declarant relinquishes control of the
Association, all amendments must include the joinder
of Declarant.
13.2.2 Subject to the requirements of the Declaration, as
long as Declarant owns any property within the
Property, the Declarant shall have the absolute and
unconditional right to alter, modify, supplement,
IChange, revoke, rescind or cancel any or all of the
provisions contained in this Declaration including,
but not limited to provisions relating to the addition
of property subject to this Declaration, use
restrictions and Assessments, without the joinder and
consent of the Owners, the Association or any other
individual or entity and the foregoing parties hereby
waive any right to consent to such changes.
Such
changes may affect the entire property or only
specific portions of the Property, but shall be
subject to applicable government approvals. Further,
the Declarant may amend this Declaration at any time
for the purpose of' subjecting additional real property
within THE ..HILLS OF LAKE EDEN to this Declaration,
~without the joinder and consent of any other Owners,
ithe Association, Mortgagees or any party.
40
Ii',
.. 'I ~ ."1,':,, ." ' .,
13.2.3 In addition to o.ther goverrunent approvals which may be
required, any amendment to this Declaration which
would
affect
the
surface
water
management
system, including the water management portions of the
Common Property, must have the prior approval of the
South Florida Water Management District.
13.2.4 No Portion of any plat of the Property containing open
"
,"'-
"
space may be vacated in whole or in part unless the
entire plat is vacated; provided, however, that
portions of a plat containing open space may be
vacated if the effect of such vacation would not
reduce the total open space within the Property below
the requirements of the City zoning code.
13.2.5 Any duly adopted amendment to this Declaration shall
run with and bind the Property for the same period and
to the same extent as do the covenants and
restrictions set forth herein.
13.3 Duration.
All of the covenants, restrictions and other
provisions of this Declaration shall run with and bind the
Property for a term of fifty (50) years from the date of
recordation of this Declaration after which time they shall be
automatically extended for successive periods of ten (10)
years each, unless an instrument executed by at least eighty
percent (80%) of the votes of the Members then existing and by
all Mortgagees, has been recorded agreeing to change or
terminate these covenants and restrictions.
13.4 Covenants Running with the Property.
The agreements,
covenants, conditions, restrictions, Assessments, liens and
other provisions contained herein shall constitute a servitude
upon the Property a~d each portion thereof, shall run with the
Property, shall be binding upon the Owners of any portion
thereof i and shall inure to the benefit of Declarant, the
Association and the Owners of Lots within the Property.
41
'-,: :.., A ;~: .~'" .,;
,!,.,', 1",',ii~..";:',:: ",~,.... "~~'I_:
~ i. ~"t\._~~...:i,;.:;..<..:,~
r
13.5 Enforcement.
Enforcement of the covenants, restrictions,
conditions,
obligations,
reservations,
rights,
powers,
Assessments, liens and other provisions contained herein shall
be by a proceeding at law or in equity against any persons or
entities violating or attempting to violate same and against
the Property subject hereto to enforce any lien created by
this Declaration.
In the event that Declarant and the
Association fail to enforce the terms of the Declaration then
any Member may do so.
The failure or refusal of Declarant,
the Association or any Member to enforce any of the provisions
of this Declaration shall in no event be deemed to constitute
a waiver of the right to do so thereafter.
13.6 Declarant's Rights. For so long as Declarant owns or has any
use ):'ights to any property subject to this Declaration,
Declarant shall have the right to transact any business
necessary to consununate sales of property throughout THE HILLS
OF LAKE EDEN, including but not limited to the right to
maintain office(s) on the Property, in location(s) to be
selected by Declarant, to have employees in such offices, to
construct and maintain sales agency offices on the Property
and such other structures or appurtenances which are necessary
or desirable for the development or sale of property
throughout THE HILLS OF LAKE EDEN,
including without
limitation, sales models and parking lots, to post and display
a sign or signs on any Lots owned by Declarant or on the
Conunon Property; and to use the Conunon Property and to show
Lots.
Sales office signs and all other structures and
appurtenances pertaining to the sale or development of
property within THE HILLS OF LAKE EDEN shall not be considered
Conunon Property and shall remain the property of the
Declarant.
13.7 Notices~ Any notice required to be sent to any Owner under
.
the pro~isions of this Declaration shall be deemed to have
been properly given when mailed, postage paid, to the last
42
known address of the person who appears as a Owner on the
records of the Association as of the time of such mailing.
Notices to Mortgagees shall be deemed to have been properly
given when mailed, postage prepaid, to the last known address
of the Mortgagee on the records of the Association at the
time of such mailing. Each Owner shall notify the Association
of all mortgages encumbering a Lot and any transfer thereof,
the amount of such mortgages and the recording information for
the mortgages. The holder of a mortgage encumbering a Lot may
notify the Association of the existence of such mortgage and
upon receipt of that notice, the Association shall register in
its records all pertinent information pertaining to the
mortgage.
The Association shall not be liable to any party
for failure to obtain from any Owner information regarding a
mortgage encumbering a Lot or for failure to provide any party
with ,notice of such information.
13.8 Plats. In addition to this Declaration, the Property shall be
\'
b
subject
to
the
additional
covenants,
restrictions,
reservations and other terms and provisions set forth in the
dedicat~on or shown on the Plat of the Property, which is
recorded or to be recorded in the public records of Palm Beach
County.
13.9 Non-Condominium.
13.09.1 The Association is not intended to be a condominium
association and is not being created in accordance
with Florida Statute, Chapter 718, in existence as of
the date of recording this Declaration.
13.09.2 The Common Property is not intended to be condominium
property under Florida Statute, Chapter 718, in
existence as of the date of recording this Declaration
and is not part of the common elements of any
~condominium.
13 . 10 Gender and Number.
The use of the singular herein shall
43
,." ""......... ',',-,"
include the plural and the use of any gender shall include all
genders.
13.11 Caption.
The captions used in this Declaration and the
exhibits annexed hereto are inserted solely as a matter of
convenience and shall not be relied upon or used in construing
the text of this Declaration or any exhibits hereto.
I
13.12 Severability.
Invalidation of anyone of the covenants or
restrictions contained herein by judgment or court order shall
in no way affect any other provisions hereof, which shall
remain in full force and effect.
13.13 Effective Date. This Declaration shall become effective upon
its recordation in the Public Records of the County.
ARTICLE 14
PRIOR OWNER RETAINED LOTS
14.1 Background.
Declarant discloses herein that Newport
Propert~es, Inc., a Florida corporation ("Prior Owner), the
Prior Owner of the Property has retained two (2) lots, (Lots
29 and 30, Block 1) within the Property.
Pr ior Owner has
agreed'to and shall pay any and all costs in connection with
obtaining a Building Permit to construct a single family
residence on the two (2) lots retained by Prior Owner,
including but not limited to, water, sewer, electrical
connection fees, building permits, impact fees and any
uniformly applicable Homeowners Association assessments
incurred or as due for Lots 29 and 30, Block 1, on or after
the closing.
However, Prior Owner is not responsible nor
shall Prior Owner pay any costs or expenses connected with or
incurred to develop the subdivision including but not limited
to installation and..paving of roads, installation of the sewer
system and water system, electrical service and permit fees
I
and co~ts relating to such activities, or any other
subdivision improvement or other cost related thereto. Prior
44
.),
Owner will be responsible for all site work, including
preparing the building pad, etc.. on Lots 29 and 30, Block 1.
Prior Owner agrees to complete construction of the single
family residence on the two (2) lots on or before the
expiration of eighteen (18) months from the recording of the
Plat of THE HILLS OF LAKE EDEN.
Prior Owner has agreed to
construct the residence so that it conforms with the aesthetic
character of THE HILLS OF LAKE EDEN.
14.2 Homeowner's Association. Prior Owner has agreed to be bound
by all aspects of this Declaration.
ARTICLE 15
CERTAIN EASEMENTS. DEDICATIONS. AND RESERVATIONS
The following reservations, easements and dedications, among others,
appear on the ,Plat of HILLS OF LAKE EDEN P.U.D. which is recorded in
Plat Book
, page
of the Public Records of Palm Beach County,
Florida.
These reservations, easements, and dedications among other
things set forth certain maintenance and other obligations that must be
complied with by the Association, or Owners as hereafter indicated:
15.1 TRACT "A",
a common area or a portion thereof as set forth
on the Plat Hills at Lake Eden P.U.D. is dedicated to the
Hills 'at Lake Eden Homeowners' Association, Inc. for the
purpose of entry feature and landscape buffer with the
perpetual maintenance responsibility dedicated to the
Association and its successors and assigns, without recourse
to the City of Boynton Beach, Florida or any other public
agency.
15.2 Tract "B" and Tract "e" preservation areas or portions thereof
are dedicated on the Plat of Hills of Lake Eden P.U.D. to the
Hills at Lake Eden Homeowner's Association, Inc. for the
purpose of preserv;ation areas and transition areas as a
perpetu~l preserve to be maintained in their natural state.
\
Except for routine maintenance as required for the preserve
area and necessary removal of the prohibitive species from
45
said areas, the perpetual maintenance of said area is the
responsibility of the Homeowners' Association, its successors
and assigns, in accordance to the approved Hills at Lake Eden
preservation area management plan, without recourse to the
City of Boynton Beach, Florida or any other public agency.
15.3 Tract "!?", a 20' emergency access or portions thereof is
dedicated on the Plat of Hills of Lake Eden P.ll.D. to the
Hills at Lake Eden Homeowner's Association, Inc. for the
purpose of a private road egress for residents and emergency
ingress/egress for the City of Boynton vehicles. The
operation of the 20 foot wide private road and privacy gate(s)
shall be the perpetual maintenance responsibility of the
Homeowners' Association, its successors and assigns, without
recourse to the City of Boynton Beach, . Florida or any other
publ~c agency.
15.4 Tract "E", the Plat of Hills of Lake Eden P.ll.D. sets forth
the following:
1. Private right-of-way easement dedicated to the Hills at
Laks Eden Homeowners' Association,Inc. for the purpose of
private road right-of-way for ingress, egress with the
perpetual maintenance responsibility of the road right-of-
way to the Homeowners' Association, its successors and
assigns, without recourse to the City of Boynton Beach,
Florida or any other public agency.
2. Storm drainage easement dedicated to the Hills at Lake
Eden Homeowners' Association, Inc. for the purpose of
installation,
operation,
and perpetual
maintenance
responsibility to the Homeowners' Association, without
recourse to the City of Boynton Beach, Florida or any
other public agency.
3. Utility easement dedicated to the City of Boynton Beach
for the purpose. of public utilities for the installation,
routine operation of sewer and water service and the
.
perpetual maintenance responsibility to the City of
Boynton Beach, Florida.
46
4. General utility easement dedicated to franchise utilities
for the purpose of installation and routine operation with
the
perpetual
maintenance
responsibility
of
each
individual utility by its particular franchise, its
successors and assigns, without recourse to the City of
Boynton Beach, Florida or any other public agency.
5. Oth~r proper purposes:
Hills at Lake Eden Homeowners'
Association reserves the right to dedicate easements for
installation, routine operation and perpetual maintenance
of franchise utilities, as shown on plat or as required in
the future, adjacent to the lot boundaries as set forth in
these declarations
of restrictions
and protective
covenants for the Hills at Lake Eden P.U.D. without
recourse to the City of Boynton Beach, Florida or any
other public agency.
15.5 The Plat of Hills of Lake Eden P.U.D. sets forth that drainage
easements are made for the purpose of storm drainage control
and management and shall be the perpetual maintenance
responsibility of the Homeowners' Association, its successors,
and assigns, without recourse to the City of Boynton Beach,
Florida or any other public agency.
15.6 The Plat of Hills of Lake Eden P. U. D. sets forth that
landscape buffer easements are made for the purpose of
landscaping and site wall and shall be considered a portion of
the adjacent lot with rights limited as typically considered
with said areas being an easement. The perpetual maintenance
of improvements within the easement is dedicated to the
Homeowners' Association, its successors and assigns, without
recourse to the City of Boynton Beach, Florida or any other
public agency.
15.7 The Plat of Hills of Lake Eden P.U.D. sets forth that limited
access easements ar~ made to the City of Boynton Beach for the
purpose~of prohibiting access between abutting lots to Swinton
I
Avenue And Seacrest Boulevard.
47
;,~-~
;'.'1
,.....)....',
~i'r
,15.8 The Plat of Hills of Lake Eden P.U.D. sets forth that buffer
easements are made for the purpose of right of ingress, egress
to the City forces to the preserve area for necessary
services. A 3 foot and 10 foot sodded setback area and the
installation and maintenance of a fence to prevent intrusion
into the preserve area, placed at the required 3 foot and 20
foot setback into the said preserve area, as indicated on the
approved master plan and for the purpose of a transition area
for grade slope between the preservation areas and the
adjacent lots and roadways with the preserve areas remaining
undisturbed.
Except for removal of prohibitive species, the
3 and the 10 foot sodded areas shall be the perpetual
maintenance responsibility of the Homeowners' Association, its
successors and assigns, without recourse to the City of
Boynton Beach, Florida, or any other public agency.
15.9 The Plat of Hills of Lake Eden P.U.D. sets forth that fence
and berm easements are established for the purpose of
fence/site wall and berm maintenance with the perpetual
maintenance responsibility dedicated to the Homeowners'
Association, its successors and assigns, without recourse to
the City of Boynton Beach, Florida or any other public agency.
15.10 The Plat of Hills of Lake Eden P.U.D. sets forth that utility
easements are made to any public or private utility for the
installation, routine operation and maintenance, including the
30 foot utility easement centered over tract "D".
15.11 The Plat of Hills of Lake Eden P.U.D. sets forth that the
installation of cable television systems shall not interfere
with the construction and maintenance of other utilities.
IN WITNESS WHEREOF, Declarant has caused this Declaration to be
executed the day and year fL~st above written.
.
Signed, sealed and
delivered in the~
presence of:
By: KENNEDY PROPERTIES, LTD., a
Florida limited partnership
48
By:' KENNEDY CONSTRUCTION GROUP, INC
a Florida corporation, its
General Partner
By:
Timothy R. Kelly, President
STATE OF FLORIDA
ss:
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me, this
day of , 1997 by Timothy R. Kelly, as President of Kennedy
Construction Group, Inc., a Florida corporation who is personally known
to me and who produced a drivers license as identification and who did
not take an oath.
(seal)
Notary Public
My Commission Expires:
49
EXHIBIT "A"
LEGAL DESCRIPTION OF "THE PROPERTY"
WITHIN THE HILLS OF LAKE EDEN
PARCEL NO.1:
I
THE SOUTH 2 ACRES OF THE EAST QUARTER (E 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF
THE N.ORTHEAST QUARTER (NE 1/4) OF SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, LESS THE RlGHT-OF-WA Y FOR SWINTON AVENUE AS SHOWN IN
ROAD/PLAT BOOK 3, PAGES 250 AND 251, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS.
PARCEL NO.2:
THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE
NORTHWEST QUARTER (NW 1/4), LESS THE COUNTY FOAD RrOHT-OF-WAY, OF SECTION 4,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA.
PARCEL NO.3:
THE EAST ONE-HALF (E 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST
QUARTER (SE ]/4) OF. THE NORTHEAST QUARTER (NE 1/4) OF SECTION 5, TOWNSHIP 46 SOUTH,
RANGE 43 EAST. LESS THE SOUTH 257.29 FEET THEREOF, AND ALSO lNCLUDING THE
FOLLOWING DESCRIBED PARCEL:
A PORTION OF THE NORTHEAST ONE-QUARTER (NE 1/4) or THE SOUTHEAST ONE-QUARTER (SE
1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 5, TOWNSHIP 46 SOUTH: RANGE
43 EAST, BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AND MORE PARTICULAlli.. Y
DESCIUBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST ONE-QUARTER (NE 1/4)
OF THE SOUTHEAST ONE-QUARTER (Sf: ]/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4)
OF SAID SECTION 5; THENCE RUN SOUTH 88'48'02" WEST, ALONG Tl.IE SOUTH LINE OF
, SAID NORTHEAST ONE-QUARTER (NE 1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF
THE NORTHEAST ONE-QUARTER (NE 1/4) OF SAID SECTION 5: 336.91 FEET TO A POINT ON
THE EASTERLY 'IUGI-lT-OF-WA Y LINE OF SWINTON A VENUE; THENCE RUN NORTH
00'01 '00" EAST, ALONG SAID RIGHT-OF- W A Y, 69.18 FEET TO A POINT; THENCE RUN
SOUTH 89059'00" EAST 188.55 FEET TO A POINT 01: CURVE; 'lliENCE RUN SOUTHERLY,
ALONG THE ARC OF A CURVE TO THE RIGHT, 87.96 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 90'00'00" AND A RADIUS OF 56.00 FEET; THENCE RUN SOUTH
89059'00" EAST 92.31 FEET TO A POINT ON THE EAST LrNE OF SAm NORTHEAST ONE-
QUARTER (NE 1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHEAST ONE-
QUARTER (NE 1/4) OF SAID SECTION 5; THENCE RUN SOUTH 00004'28" WpST 6.03 FEET TO
THE POINT OF BEGINNING.
....f.:
.Ifl-
... '"I'""
ARTICLES OF INCORPORATION
OF
THE HILLS OF LAKE EDEN HOMEOWNER'S ASSOCIATION. INC..
(A corporation not for profit)
The undersigned hereby executes these Articles of Incorporation for
the purpose of forming a corporation not for profit under Chapter
617 (1990) of the Florida Statues (the "Florida Not For Profit
Corporation Act") and certifies as follows:
ARTICLE I
NAME
The name of the corporation shall be THE HILLS OF LAKE
HOMEOWNER'S ASSOCIATION, INC., hereinafter referred to as
"Association" and its duration shall be perpetual.
EDEN
the
ARTICLE II
PURPOSE
The purpose for which the Association is organized is to engage a
non-profit organization in protecting the value of the property of
the Members' of the Association, to exercise all the powers and
privileges and to perform all of the duties and obligations of the
Association as defined and set forth in that certain Declaration of
Covenants and Restrictions for THE HILLS OF LAKE EDEN, as it may be
amended from time to time (the "Declaration") to be recorded in
the office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, including the establishment and enforcement of
payment of charges and Assessments contained therein and to engage
in such other lawful activities as may be to the mutual benefit of
the Members and their property. All terms used herein which are
defined in the Declaration shall have the same meaning herein as
therein.
ARTICLE III
POWERS
The powers of the Association shall include and be governed by
the following provisions:
Section 1. Common Law and Statutory Powers. The
Association shall have all of the common law and statutory powers
of a corporation not-for-profit which are not in conflict with the
terms of these Articles and the Declaration.
Section 2. Necessary Powers. The Association shall have
all of the powers reasonably necessary to implement its purpose,
including, but not limited to, the following:
A. To operate and manage the Common Property in accordance
with the purpose and intent contained in the Declaration;
B. To make and collect Assessments against Members to defray
the Common Expenses;
C. To use the proceeds of Assessments in the exercise of its
powe+s and duties;
.
D. To maintain, repair, replace and operate the Common
Property, and the Lake Easements, if any.
,,- "t'".. .,.
E. To reconstruct Improvements upon the Property after
casualty and to further improve the Property;
F. To make and amend the By-Laws for the Association and
regulations respecting the use of the Property;
G. To pay all taxes and other assessments which are liens
against the Common Property;
H. To enforce by legal means the provisions of the
Declaration, these Articles, the By-Laws, the rules and
regulations and the Traffic Regulations for the use of
the ~roperty;
I. To establish and maintain such reserve funds, as may be
required from time to time by the Board of Directors, in
accordance with the provisions of the Declaration.
J. To bring suit and to litigate on behalf of the
Association, the Members and the Owners; provided,
however, that except as specifically set forth in this
Paragraph J, the Association shall not have the power to
bring suit or to litigate on behalf of the Association,
the Members or the Owners without the express prior
written consent of at least eighty percent (80%) of the
Owners. The foregoing restriction shall not apply to
suits or litigation brought on behalf of the Association
to collect assessments, enforce liens, bring injunctive
action or to otherwise enforce 'these Articles of
Incorporation, the By-Laws, the Declaration, the rules
and regulations or the Traffic Regulations promulgated by
the Association nor shall this restriction apply to the
Association's defense of any suits or litigation brought
against the Association. The foregoing restrictions
shall not apply while Developer is in control of the
Association;
K. To provide for management and maintenance and to
authorize a management agent to assist the Association in
carrying out its powers and duties by performing such
functions as the collection of Assessments, preparation
of records,enforcement of rules and Traffic Regulations
and maintenance of the Common Property. The Association
shall, however, retain at all times the powers and the
duties granted it by common law, Florida Statutes and
local ordinances including, but not limited to, the
making of Assessments, the promulgation of rules and the
execution of contracts on behalf of the Association.
L. To possess, enjoy and exercise all powers necessary to
implement, enforce and carry into effect the powers above
described, including the power to acquire, hold, convey
and deal in real and personal property.
Section 3. Funds and Title to Properties. All funds and
title to all properties acquired by the Association and the
proceeds thereof shall be held only for the benefit of the Members
in accordance with the provisions of the Declaration. No part of
the income, if any, of the Association shall be distributed to the
Members or officers of the Association.
Section 4. Limitation. The powers of the Association
shall be subject to and be exercised in accordance with the
provisions of the Declaration.
ARTICLE IV
MEMBERSHIP
.
Qualification for, and admission to, membership in the
2
j-\;;,
Association shall be regulated, by the Declaration and the By-Laws
of the Association.
ARTICLE V
BOARD OF DIRECTORS
The affairs of the Association shall be managed by a Board of
Directors consisting of not less than three (3) nor more than nine
(9) directors. Until such time as Developer relinquishes control
of the Association, as described in the Declaration, Developer
shall have the right to appoint all members of the Board of
Directors and to approve the appointment of all officers of the
Association and no action of the membership of the Association
shall be effective unless, and until, approved by the Developer.
Further, 'until turnover of control by Developer, as aforesaid, no
director or officer need be a Member of the Association;
thereafter, all directors and officers must be Members of the
Association except such directors that are appointed by the
Developer, as provided herein. The number of directors
constituting the initial Board is three (3) and they shall serve
until such time as Developer relinquishes control of the
Association or until replaced by Developer. Commencing with the
first annual meeting of Members following the date on which
Developer relinquishes control of the Association, the directors
shall be elected by the Members of the Association at the annual
meeting. The Developer shall be entitled at any' time, and from
time to time, to remove or replace any director originally
appointed by the Developer. The Developer may.waive or relinquish
in whole or in part any of its rights to appoint anyone or more of
the directors it is entitled to appoint. The following persons
shall constitute the initial Board of Directors:
Name
Address
Robert J. Trautman
600 West Hillsboro Boulevard
Suite 101
Deerfield Beach. Florida 33441
Timothy R. Kelly
I
Ronald L. Platt
Same as above
Same as above
ARTICLE VI
OFFICERS
Officers shall be elected by the Board of Directors at the
annual meetings of the Directors, as provided in the By-Laws.
Until such time as Developer relinquishes control of the
Association, as provided in the Declaration, Developer shall have
the right to approve all of the officers elected. The initial
officers shall consist of a President, Vice President, Secretary,
and Treasurer. The following persons shall serve as the initial
officers:
Name
Title
Robert J. Trautman
President
Timothy R. Kelly
Vice-President
Ronald L. Platt
Secretary
Timothy R. Kelly
Treasurer
3
/'
""
ARTICLE VII
INDEMNIFICATION OF OFFICERS, DIRECTORS
AND COMMITTEE MEMBERS
Every Director, Officer and Committee Member of the
Association shall be indemnified by the Association as provided in
the Declaration.
ARTICLE VIII
BY-LAWS
The By-Laws of the Association may be adopted, amended,
altered or rescinded as provided therein; provided, however, that
at no time shall the By-Laws conflict with these Articles of
Incorporation or the Declaration. Until such time as Developer
relinquishes control of the Association, no amendments to the By-
Laws shall be effective unless Developer shall have joined in and
consented thereto in writing. Any attempt to amend, alter or
rescind contrary to these prohibitions shall be of no force or
effect.
ARTICLE IX
AMENDMENTS
These Articles of Incorporation of the Association may be
amended, altered or rescinded as provided in the Florida Not For
Profit Corporation Act, provided however, that no such amendments
shall conflict with the terms of the Declaration, or adversely
affect the rights of Developer, without Developer's prior written
approval. Any attempt to amend, alter or rescind contrary to these
prohibitions shall be of no force or effect.
ARTICLE X
REGISTERED AGENT AND REGISTERED OFFICE
The name of the initial registered agent shall be Robert J.
Trautman and the street address of the registered office of the
Association shall be 600 West Hillsboro Boulevard, Suite 101,
Deerfield Beach, Florida 33441. The Association shall have the
right to designate subsequent registered agents without amending
these Articles of Incorporation. The corporate address shall be
the same.
IN WITNESS WHEREOF, the incorporator has executed these
Articles of Incorporation at Broward County, Florida, the
day of , 1997.
Signed, sealed and delivered
in the presence of:
WITNESS: Print Name
(SEAL)
Robert J. Trautman
Incorporator
WITNESS: Print Name
STATE OF FLORIDA
SSe
COUNTY OF BROWARD
The foregoing Articles of
before me this~ day of
Incorporation were acknowledged
, 1997 by Robert J.
4
,. 1..;
BY-LAWS
OF
THE HILLS OF LAKE EDEN HOMEOWNER'S ASSOCIATION, INC.
A Not-for-Profit Corporation Under
the Laws of the State of Florida
ARTICLE I
IDENTIFY
Section 1. The name of this corporation is THE HILLS OF LAKE EDEN
HOMEOWNER'S ASSOCIATION, INC., hereinafter referred to as the
"Corporation" or "Association".
Sec~ion 2. The initial principal office of the Corporation is 600 West
Hillsboro Boulevard. Suite 101. Deerfield Beach, Florida 33441.
Section 3. The seal of the Association shall bear the name of the
Association, the word "Florida", the words "Corporation Not-for-Profit"
and the year of incorporation, an impression of 'which is as follows:
Section 4. All terms used herein which are defined in that certain
Declaration of Covenants and Restrictions for THE HILLS OF LAKE EDEN,
as it may be amended from time to time (the "Declaration", shall have
the same meaning herein as therein.
ARTICLE II
PURPOSES
The Association ~s organized to serve as the instrumentality of Owners
in the Property for the purpose of controlling and regulating use of
the amenities therein; of promoting, assisting and providing adequate
and proper maintenance of the Property for the benefit of all Owners
therein; the maintenance of the land and facilities; to exercise all
powers and discharge all responsibilities granted to it as a
corporation under the laws of the State of Florida, its Articles of
Incorporation, these By-Laws and the Declaration; to acquire, hold,
convey and otherwise deal with real and/or personal property in the
Association's capacity as a homeowners association and to otherwise
engage in such additional lawful activities for the benefit, use,
convenience and enjoyment of its Members as it may deem proper.
ARTICLE III
DIRECTORS AND OFFICERS
Section 1. Directors
A. The affairs of the Association shall be managed by a Board
of Directors which shall consist of not less than three (3), nor more
than nine (9) members. The initial Board shall consist of the
individuals named in the Articles of Incorporation of the Association,
who shall serve until the earlier of the following events: The
Turnover Meeting, replacement by the Developer or resignation by the
board member.
B. At the Turnover Meeting and at each annual meeting
thereafter, the Board of Directors shall be elected by the Members of
the Association.
C. Directors shall be elected as follows: Prior to each annual
meeting, the Board of Directors shall appoint a Nominating Committee
consisting of three (3) Members, using such procedures as the Board may
establish. The Nominating Committee shall nominate one person for each
vacancy to be filled at that annual meeting and each Board member shall
be provided with a list of the nominations at least one (I) day prior
to the annual meeting. Other nominations may be made from the floor.
The election shall be by written ballot (unless dispensed with by
unanimous consent) and by a plurality of the votes cast, each person
voting being entitled to cast his votes for each of as many nominees
as ,there are vacancies to be filled.
D. There shall be no cumulative voting.
E. The organizational meeting of the newly elected Board of
Directors shall be held within ten (10) days of their election at such
place and time as shall be fixed by the directors at the meeting at
which they were elected and no further notice of the organizational
meeting shall be necessary.
F. No director shall receive or be entitled to any compensation
for his services as director, but shall be entitled to reimbursement
for all expenses incurred by him as such, if i'ncurred upon the
authorization of the Board.
G. Until such time as Developer relinquishes control of the
Association, no director or officer need be a Member of the
Association. . Thereafter, all directors and officers must be Members of
the Association. No officer or director appointed by the Developer can
be removed except by the Developer.
Section 2. Officers. The executive officers of the Association shall
be: President, Vice-president/Treasurer, Secretary, and such other
officers as the Board of Directors may appoint. The officers named in
the Articles of Incorporation shall serve until replaced by Developer,
until their resignation or until the first regular meeting of the Board
of Directors, whichever shall occur first. Officers elected at the
first meeting of the Board shall hold office until the next annual
meeting of the directors or until their successors shall have been
appointed and shall qualify. So long as Developer retains the right of
appointment of all members of the Board of Directors, no officer
appointed by the Board shall serve the Association until such time as
Developer approves the appointment. Upon the appointment of an officer
by the Board of Directors, whether the appointment occurs at the annual
meeting or otherwise, the Board shall forthwith submit the name of such
newly appointed office or officer, as the case my be, in writing to
Developer. Developer shall approve or disapprove said officer or
officers, within thirty (30) days after receipt of said name or names.
In the event Developer fails to act within such time period, such
failure shall be deemed approval by Developer.
Section 3. Resignation. Vacancy. Removal.
A. Resignation: 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,
resignations shall take effect 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.
B. Director Vacancy: When a vacancy occurs on the Board of
Directors, the vacancy shall be filled by Developer until such time as
Developer relinquishes control of the Association. Subsequent to the
Turnover Meeting, a vacancy 'occurring on the Board of Directors shall
be filled by the. remaining members of the Board at their next meeting
by the remaining'~embers of the Board at their next meeting by electing
a person who shalU serve until the next annual meeting of Members. The
2
i.
::.,:. .'. 1" '~.
Developer shall be entitled at .any time, and from time to time, to
remove or replace any director originally appointed by the Developer.
The Developer may waive or relinquish, in whole or in part, any of its
right to appoint anyone or more of the directors it is entitled to
appoint.
C. Officer Vacancy: When a vacancy occurs in an office for any
reason 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 or until a successor has been elected by
the board of directors and shall qualify. So long as Developer has or
retains the right of appointment of all members of the Board of
Directors, no officer appointed hereunder shall serve the Association
until such time as Developer has approved the appointment, in
accordance with the procedures set forth hereinabove.
D. Status of Developer: The Developer shall be deemed to be a
Member of the Association from and after the date of the recordation of
the Declaration in the public records of the County.
E. Removal: Any officer may be removed with or without cause by
a majority vote of the full Board of Directors at a meeting of
Directors called at least in part for the purpose of considering such
rem~val. Any officer or director may be removed with or without cause
and, for any reason, upon a petition in writing by a majority of the
Members of the Association approved at a meeting of ..Members called at
least in part for this purpose, by a two-thirds (2/3) vote of the
membership; provided, however, that removal by a vote of the
membership shall not apply so long as Developer has the right to
appoint all members of the Board of Directors. The petition calling
for the removal of such officer or director shall set forth a time and
place for the' meeting of Members and notice shall be given to all
Members of such meeting in the manner provided in these By-Laws for the
giving of notices of special meetings. At any such meeting, the
officer or director whose removal is sought shall be given the
opportunity to be heard. In addition, during the period of time during
which Developer has or retains the right of appointment of all members
of the Board of Directors, any officer or member of the Board of
Directors may be removed with or without cause by Developer at its
discretion.
Section 4. Indemnification of Directors, Officers and Committee Members
Every Director, Officer and Committee Member of the Association
shall be indemnified by the Association against liability and expenses
which he may incur by reason of his being or having been a Director,
Officer or Committee Member of the Association in accordance with the
terms of the Articles of Incorporation of the Association (hereinafter
referred to as the "Articles of Incorporation") and the Declaration.
ARTICLE IV
POWERS AND DUTIES OF THE ASSOCIATION AND THE EXERCISE THEREOF
The Association shall have all powers granted to it by common
law, Florida Statutes, the Declaration, the Articles of Incorporation
and these By-Laws, all of which shall be exercised by its Board of
Directors unless the exercise thereof is otherwise restricted in the
Declaration, these By-Laws or by law; the powers of the Association
shall include, but not be limited to, the following:
1. All of the powers specifically provided for in the
Declaration and in the Articles of Incorporation.
2. The power to levy and collect Assessments against Lots, as
provided for in the Declaration.
3
!,:. II ;:',..!."1;'.}',, .~;. .<,(
, 3. The power to expend ,monies collected for the purpose of
paying the Common Expenses of the Association.
4. The power to purchase equipment, supplies and material
required for the maintenance, repair, replacement, operation and
management of the Common Property and that portion of the Lots outside
the Units.
5. The power to insure and keep insured the Buildings and
Improvements of the Association and other Improvements within the
Property, as provided in the Declaration.
6. The power to employ the personnel required for the operation
of the Association and the Common Property and that portion of the Lots
outside the Units.
7. The power to pay utility bills for utilities serving the
Common Property.
8. The power to contract for the management of the Association
and to delegate to its contractor as manager, all of the powers and
duties of the Association, except those matters which must be approved
by Members.
9. The power to make reasonable rules and regulations and
Traffic Regulations and to amend them from time to ~ime.
10. The power to improve the Common Property, subject to the
limitations of the Declaration.
11. The power to enforce by any legal means the provisions of
the Articles' of Incorporation, the By-Laws, the Declaration and the
rules and regulations and Traffic Regulations promulgated by the
Association.
12. The power to collect delinquent Assessments by suit or
otherwise and to abate nuisances and enjoin or seek damages from Owners
for violation of the provisions of the Declaration, the Articles of
Incorporation, these By-Laws, the rules and regulations or the Traffic
Regulations.
13. The power to pay all taxes and assessments which are liens
against the Common Property.
l4. The power to control and regulate the use of the Common
Property by the Owners and to promote and assist adequate and proper
maintenance of that property.
15. The power to borrow money and the power to select
depositories for the Association's funds and to determine the manner of
receiving, depositing and disbursing those funds and the form of check
and the person or persons by whom the same shall be signed, when not
signed as otherwise provided by these By-Laws.
16. The power to acquire real and personal property for the
benefit and use of its Members and to dispose of the Property in
accordance with the Declaration and the Articles of Incorporation.
17. The power to enter into a long term contract with any
person, firm, corporation or real estate management or maintenance
agent of any nature or kind, to provide for the maintenance, operation,
repair and upkeep of the Common Property, the Lake Easements, and of
any facilities on lease to the Association or otherwise provided for
the Member's usage. The contract may provide that the total operation
of the managing agent, firm or corporation shall be at the cost of the
Association as a Common Expense. The 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 costs of
maintenance, ope~ation, repair and upkeep or of the total funds of the
Association hand~ed and managed by the managing or maintenance agent.
Such fee, if any,~ shall be another of the management function costs to
4
be borne by the Association, as a Common Expense, unless the contract
provides to the contrary.
18. The power to establish additional officers and/or directors
of this Association and to appoint all officers, except as otherwise
provided herein.
19. The power to appoint such committees as the Board of
Directors may deem appropriate.
20. The power to establish such reserve funds as may be required
fr0m time to time by the Board of Directors, in accordance with the
provisions of the Declaration.
21. The power to bring suit and to litigate on behalf of the
Association, the Members and the Owners' provided, however, that except
aslspecifically set forth in this Paragraph 22, the Association shall
not have the power to bring suit or to litigate on behalf of the
Association, the Members or the Owners without the express prior
written consent of at least eighty (80%) of the Owners. The foregoing
restrictions shall not apply to suits or litigation on behalf of the
Association to collect Assessments, enforce liens, bring injunctive
actions or to otherwise enforce the Articles of Incorporation, the By-
Laws, the Declaration, the rules and regulations or the Traffic
Regulations promulgated by the Association, nor shall these
restrictions apply to the Association's defense ,.of any suits or
Ii tigation brought against the Association. The foregoing restrictions
shall not apply while the Developer is in control of the Association.
22. The power to possess, employ and exercise all powers
necessary to implement, enforce and carry into effect the powers above
described, including the power to acquire, hold, convey and deal in
real and personal property.
ARTICLE V
DUTIES OF OFFICER
Section 1. President. The President shall be the chief executive
officer of the Association and shall:
,
A. Act as presiding officer at all meetings of Members of the
Association and of the Board of Directors.
B.
Call special meetings of the Board of Directors.
C.
Directors
deeds and
which the
Sign; with the Secretary or Treasurer as the Board of
so requires, all checks, contracts, promissory notes, leases,
other instruments on behalf of the Association, except those
Board of Directors specifies may be signed by other persons.
D. Perform all acts and duties usually required of a chief
executive to insure that all orders and resolutions of the Board of
Directors are carried out.
E. Act as ex-officio member of all committees and render an
annual report at the annual meeting of Members.
Section 2. Vice President. The Vice President, in the absence or
disability of the President, shall exercise the powers and perform the
duties of the President. The Vice President also shall assist the
President generally and exercise such other powers and perform such
other duties as shall be prescribed by the Directors.
Section 3. Secretary.
and responsibilities:
A. Attend all regular and special meetings of the Members of
the Association qnd of the Board of Directors and keep all records and
minutes or proce~dings thereof or cause the same to be done.
~
The Secretary shall have the following duties
5
B. Have custody of the corporate seal and affix the same when
necessary or required.
C. Attend to all correspondence on behalf of the Board of
Directors, prepare and serve notice of meetings, keep membership books
an~ receive all applications for membership.
D. Perform such other duties as the Board of Directors may
determine and on all occasions in the execution of his duties, act
under the superintendence, control and direction of the Board of
Directors.
E. Have custody of the minute book of the meetings of the Board
of Directors and'Members and act as transfer agent of the corporate
books.
I
Section 4. Treasurer. The Treasurer shall:
A. Attend all meetings of the membership and of the Board of
Directors.
B. Receive such monies as shall be paid into his hands for the
account of the Association and disburse funds as may be ordered by the
Boar~ of Directors, 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 sa~ely deposited.
C. 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 prior to
each annual . meeting and whenever else required, a summary of the
financial transactions and condition of the Association from the
preceding year. He shall make a full and accurate report on matters and
business pertaining to his office to the Members at the annual meeting
and make all reports required by law. He shall prepare the annual
budget and present it to the Board of Directors for its consideration.
D. The Treasurer may have the assistance of an accountant or
auditor, who shall be employed by the Association as a Common Expense.
In the event the' Association enters into a management agreement, it
shall be proper to delegate such of the Treasurer's functions to the
management agent as is deemed appropriate by the Board of Directors.
Section 5. Vice President/Treasurer.
shall:
The Vice President /Treasurer
A. Be permitted as one person/officer to conduct the aforesaid
duties and responsibilities of both offices.
ARTICLE VI
MEMBERSHIP AND VOTING
Section 1. Oualification for Membership. The qualifications for
membership and the manner of admission to membership, and termination
of such membership, shall be as follows: A person or entity shall
automatically become a Member of the Association upon acquisition of
fee simple title to any Lot, by filing a deed therefore in the public
records of Palm Beach County, Florida. Membership shall continue until
such time as the Member transfers or conveys his interest of record or
the interest is transferred or conveyed by operation of law, at which
time membership, with respect to the Lot conveyed, shall automatically
be conferred upon the transferee. Membership shall be appurtenant to
any may not be separated f~9m, ownership of property subject to the
Declaration.
No person
whatsoever
or
in
.
e~tity
a ~ Lot
holding
only as
an interest of any type or nature
security for the performance of an
6
obligation shall be a member of the Association. Developer, by
including additional property within the imposition of the Declaration,
may cause additional membership in the Association and may designate
the ownership basis for such additional membership. The Developer
shall be a Member of the Association from and after the date of
recordation of the Declaration, which membership shall continue so long
as 'Developer owns any Lot(s) within the Property.
Section 2. Voting. The Association shall have one (1) class of voting
membership. Each Member, including Developer shall be entitled to one
vote for each Lot in which they hold interest required for membership.
Votes may be exercised or cast by a Member in person or by proxy.
Proxies may be filed with the Secretary of the Association prior to the
meeting. A proxy' shall be valid and entitle the holder thereof to vote
until the Secretary shall have received a written revocation of such
proxy executed by the grantor of such proxy or until the death or legal
incompetence of the grantor. When more than one (1) person holds such
interest or interests in any Lot, all such persons shall be Members and
the vote for such Lot shall be exercised as they among themselves
shall determine but in no event shall more than one (1) vote be cast
with respect to any such Lot. With respect to each Lot owned by other
than a natural person or persons or with respect to each Lot owned by
more than one person, the Owner (s) shall file with the Secretary of
the ,Association a notice designating the name of an individual who
shall be authorized to cast the vote of such Owner(s). In the absence
of such designation, the Owner(s) shall not be entitled to vote on any
matters coming before the membership, nor shall the presence of such
Owner(s) at a meeting be considered in determining whether the quorum
requirement has been met. If a Lot shall be owned by husband and wife
as tenants by the entirety, no certificate need be filed with the
Secretary naming the person authorized to cast votes for said Lot and
either spouse~ but not both, may vote in person or by proxy and be
considered in determining whether the quorum requirement has been met
at any meeting of the members, unless prior to such meeting, either
spouse has notified the Secretary in writing that there is a
disagreement as to who shall represent the Lot at the meeting, in which
case the certificate requirements set forth above shall apply.
ARTICLE VII
MEETINGS
Section 1. Meetings of Members.
A. Place of Meetings: All meetings of the Association shall be
held at the office of the Association or may be held at such time and
place as shall be stated in the notice thereof.
B. Annual Meetings: Annual Members' meetings shall be held
upon such date as shall be selected by the Board of Directors, in its
discretion, in each calendar year subsequent to relinquishment of
control of the Association by Developer. No meeting shall be held on
a legal holiday. The meeting shall be held at such time as the
Directors shall appoint from time to time. The purpose of such meeting
shall be the election of Directors and the transaction of other
business authorized to be transacted by Members. The order of business
shall be as determined by the Board of Directors.
C. Special Meetings: Special meetings shall be held whenever
called by the President or by a majority of the Board of Directors and
must be called by the Secretary, upon receipt of a written request from
Members of the Association holding a majority of the total votes of the
membership. Business transacted at all special meetings shall be
confined to the objects and actions to be taken as stated in the notice
of the meeting.
D. Quorum: A quorum for the transaction of business at the
annual meeting or any special meeting shall consist of a majority of
the total votes o~ the membership, being present either in person or by
t
7
t.,.;
prqxy, but the Members present ,at any meeting although less than a
quorum, may adjourn the meeting to a future date.
E. Voting Required to Make Decisions: When a quorum is present
at any meeting, the vote of a majority of the Member's votes present in
person or by proxy shall decide any question brought before the
meeting, unless the Declaration, the Articles of Incorporation, these
By-Laws or any applicable statute provides otherwise.
Section 2. Directors' Meetings.
A. Annual Meeting: The annual meeting of the Board of
Directors shall be held immediately following the adjournment of the
annual meeting of Members. The Board of Directors may establish a
schedule of regular meetings to be held at such place as the directors
may, designate. Regular meetings may be held without notice.
B. Special Meetings: Special meetings of the Board of
Directors may be called by the President, upon notice to each Director
to be delivered by telephone, mail or in person. Special meetings may
also be called on written request of two (2) directors. All notices of
special meetings shall state the purpose, time and place of the
meeting.
C. Quorum: At all meetings of the Board of Directors, a
majority of the Directors shall constitute a quorum f9r the transaction
of business and the acts of a majority of the Directors present at such
meeting at which a quorum is present, shall be the acts of the Board of
Directors except where approval by a greater number is required by the
Declaration, the Articles of Incorporation or these By-Laws. At any
meeting at which a quorum is not present, the presiding officer may
adjourn the. meeting from time to time and at any such adjourned
meeting, any business which might have been transacted at the meeting
as originally called, may be transacted without further notice.
D.
meeting by
constitute
a quorum.
Joinder: The joinder of a Director in the action of a
signing and concurring in the minutes of that meeting shall
the presence of such Director for the purpose of determining
E. Written Action: Any action required to be taken at a
meeting of the Directors may be taken without a meeting if a consent in
writing setting forth the action so to be taken, signed by all of the
Directors, is filed in the minutes of the proceedings of the Boards.
Such consent shall have the same effect as a unanimous vote.
F. Presiding Officer: In the absence of the presiding officer,
the Director present shall designate one of their number to preside.
G. Telephone Meeting: Any regular or special meeting of the
Board of Directors may be held by telephone conference, at which each
participating member can hear and be heard by all other participating
members.
H. Order of Business: The order of business at Directors'
meetings shall be as determined by the Board of Directors.
ARTICLE VIII
NOTICE OF MEMBERS' MEETINGS
Section 1. Annual Meeting. Written notice of the annual meeting of
Members shall be served upon or mailed to each Member entitled to
notice, at least ten (10) days, and no more than sixty (60) days, prior
to the meeting. Such notice shall be hand delivered or mailed to each
Member at its address as it appears on the books of the Associations.
Proof of such mailing may be given by the affidavit of the person
giving the notic~.
8
.: ~ ,i1}l<
t' '" ". ;, .~~.'~'!\,.,~:~
Seqtion 2. Special Meetina. Written notice of a special meeting of
Members stating the time, place and object of such meeting shall be
served upon or mailed to each Member at least two (2) days and no more
than sixty (60) days, prior to such meeting.
Section 3. Waiver. Nothing herein is to be construed to prevent
Members from waiving notice of meetings or acting by written agreement
without meetings.
ARTICLE IX
PROCEDURE
Robert's Rules of Order (latest edition) shall govern the conduct of
corporate proceedings when not in conflict with the Articles of
Incorporation and By-Laws of the Association or with the Statutes of
I .
the State of Florlda.
ARTICLE X
ASSESSMENTS AND MANNER OF COLLECTION
The Board of Directors shall have the power to levy and enforce
Ass~ssments against Lots and Owners, as set forth in the Declaration.
ARTICLE XI
FISCAL MANAGEMENT
Section 1. Fiscal Year. The fiscal year of the Association shall be
the calendar year; provided, however, that the Board of Directors is
authorized to'change to a different fiscal year at such time as the
Board deems it advisable.
Section 2. Depositories. The funds of the Association shall be
deposited in such accounts as may be selected by the Board of
Directors, including checking and savings accounts in one (1) or more
banks and/or savings and loan associations, with an investment firm or
firms, all in accordance with resolutions approved by the Board of
Directors. Association funds shall be withdrawn only over the
signature of the' President or such other persons as the Board may
authorize. The Board may require more than one (1) signature on checks
and bank drafts. The funds shall be used only for corporate purposes.
Section 3. Reserve Accounts. The Association shall establish and
maintain such reserve accounts as shall be required from time to time
by the Board of Directors, in accordance with the provisions of the
Declaration. Payments to the reserve account and other incidental
expenses incurred by the Association administering and carrying out any
of the provisions of this Section 3 shall be a Common Expense.
Section 4. Fidelity Bonds. Fidelity bonds may be required by the
Board of Directors from all officers and employees of the Association
and from any contractor, director or officer handling or responsible
for Association funds. The premiqms for such bonds shall be paid by
the Association as a Common Expense.
Section 5. Records. The Association shall maintain accounting records
according to good practice which shall be open to inspection by Members
at reasonable times. Such records shall include a record of receipts
and expenditures and accounts for each Member, which accounts shall
designate the name and address of the Member, the due dates and amount
of each Assessment, the amounts paid upon the account and the balance
due. A register for the names of all Mortgagees who have notified the
Association of their liens and to which lienholder the Association will
give notice of default if required, shall also be maintained.
Section 6. Annual Statement ~. The Board of Directors shall present
annually to the Members a full and clear statement of the business and
condition of the ~ssociation, as prepared by an independent accountant.
~
9
Sec;tion 7. Insurance. The Association shall procure, maintain and keep
in full force and effect, such insurance an may be required by the
Declaration to protect the interests of the Association, the Members
and the Mortgages.
Section 8. Expenses. The receipts and expenditures of the Association
may be credited and charged to accounts as the Board of Directors may
determine, in accordance with good accounting practices.
Section 9. Budget. The Board of Directors shall adopt a budget for
each fiscal year that shall include the estimated funds required to
defray the Common Expenses and to provide and maintain funds for the
accounts established by the Board of Directors, in accordance with good
accounting practices.
ARTICLE XII
RULES AND REGULATIONS AND TRAFFIC REGULATIONS
The Board of Directors may, from time to time, adopt rules and
regulations governing the details of the operation and use of the
Property and Traffic Regulations governing the use of the Streets,
provided that the rules and regulations and Traffic Regulations shall
be ~qually applicable to all Members and uniform in application and
effect.
ARTICLE XIII
VIOLATIONS AND DEFAULTS
In the event of a violation of any of the provisions of the
Declaration, . 'these By-Laws, the rules and regulations or Traffic
Regulations adopted by the Association or the Articles of
Incorporation, the Association shall have all rights and remedies
provided by law, including without limitation (and such remedies shall
be cumulative) the right to sue for damages, the right to impose a
special Assessment for non-compliance, as provided in the Declaration,
the right to injunctive relief and in the event of a failure to pay
Assessments or to abide by the architectural restrictions in the
Declaration and the Master Declaration, the right to foreclose its lien
as provided in the Declaration; and in every such proceeding, the Owner
at fault shall be liable for court costs and the Association's
attorneys' fees, including such costs and attorneys' fees on appeal.
A suite to collect unpaid Assessments may be prosecuted by the
Association without waiving the lien securing such unpaid Assessments,
costs and attorney's fees.
ARTICLE XIV
AMENDMENT OF BY-LAWS
These By-Laws may be amended, altered or rescinded by a majority vote
of the Board of Directors at any regular or special meeting; provided,
however, that at no time shall the By-Laws conflict with the terms of
the Declaration or the Articles of Incorporation. Any Member of the
Association may propose an amendment to the Board and the Board shall
act upon such proposal at its next meeting. Until such time as
Developer relinquishes control of the Association, all amendments to
these By-Laws shall be ineffective unless Developer shall have joined
in and consented thereto in writing. Any attempt to amend, alter,
modify or rescind contrary to these prohibitions shall be of no force
or effect.
ARTICLE XV
DEY,ELOPER'S CONTROL
Anything contained herein to the contrary notwithstanding, the
Developer shall have the right to retain control of the Association
until the earliet of the following events: until the closing of the
10
'.'''1' .
GENTRY ENGINEER~G
AND LAND SURVEYI~ INC.
Engineering' Land Surveying
Land Planning
[1[lYlY[OO l 7lJOO~~~~OlJlY~[1
Boynton Beach, Fl.
33425-0310
O']iif6 v . 21, 1996 1JOB NO.
AT'fNT'rl) . Heyden
am rl
RE,
HILLS AT LAKE EDEN PUD
MASTER PLAN
Phone: (407) 272-1924
FAX: (407) 272-7741
150 N.E, 6th Ave,
P. O. Box 243
Delray Beach, FL 33447-0243
TO CITY OF Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
> WE ARE SENDING YOU Xl Attached 0 Under separate cover via
deliver
the following items:
o Shop drawings
o Copy of letter
o Prints
o Change order
o Plans
o
o Samples
o Specifications
COPIES DATE NO, DESCRIPTION
I 3 Master Plan (note No. 11 revised as requested)
!
\1
THESE ARE TRANSMITTED as checked below:
o For approval 0 Approved as submitted
~ For your use 0 Approved as noted
~ As requested 0 Returned for corrections
0 For review and comment 0
0 FOR BIDS DUE 19
o Resubmit_copies for approval
o Submit_copies for distribution
o Return_corrected prints
o PRINTS RETURNED AFTER LOAN TO US
REMARKS
:f
COpy TO
SIGNED:
GENTRY ENGINEERWG
AND LAND SURVEYIN lNC.
Engineering . Land Surveying
Land Planning
[L[E1J1J[E[R1 ~ i'1JOO~~~[K1JD1J1J&dL
;,
Phone: (407) 272-1924
FAX: (407) 272-7741
150 N.E, 6th Ave,
P.Q, Box 243
Delray Beach, FL 33447-0243
DAT6ct. 22, 1996
JOB NO,
ATTENTION
TO
City of Boynton Beach~
RE'Si te plan submi ttal
WE ARE SENDING YOU 0 Attached 0 Under separate cover via
deliver
the following items:
o Shop drawings
o Copy of letter
o Prints
o Change order
o Plans
o
o Samples
o Specifications
COPIES DATE NO. DESCRIPTION
1 Original site plan review apPlication
,f
12 Survey of property
!
I 12 Master plan and Paving, sewer & water
,
12 Landscape plan
I I
i
I
I
THESE ARE TRANSMITTED as checked below:
0 For approval 0 Approved as submitted
0 For your use 0 Approved as noted
0 As requested 0 Returned for corrections
0 For review and comment 0
0 FOR BIDS DUE 19
o Resubmit_copies for approval
o Submit_copies for distribution
o Return_corrected prints
o PRINTS RETURNED AFTER LOAN TO US
REMARKS
-r ;:XJ/~o -tu
~\.'. /I '0
<.:: ......\N'
. J
,) i_
/1)/).7~/!>
-
, ;f~/_/) ['/'7
COPY.TO
SIGNED:
. J
r-r
... ~ ".:" ~
-
-~---------------- ----
r-, .
-- -
<.
.~.... \-- ~c +------. "'! .#'-.- "- ~.,
- ~
HILLS AT LAKE EDEN
NOVEMBER 1995
PREPARED FOR
NEWPORT PROPERTIES
Prepared By:
C&N Environmental Consultants, Inc.
222 South U.S. Highway 1, Suite 201
Tequesta, Florida 33469
(407) 744-7420
PRESERV ATION AREA MANAGEl\tIENT PL
....... " ,/ . -.
"
.'
rn~@~
\'IJ ~
fEB 2 1991
"..........
fEa'I,24 '1997
PARKS DEPT~
HILLS AT LAKE EDEN
PRESERVATION AREA M~AGEMENT PLAN
FES 2li 1997
PARKS DEPT.
1.0 INTRODUCTION
~-.....'
A + I5.0-acre arcel ocated in Sections 4 and 5, Township 46 South, Range 43 East,
Palm Beac ounty, Florida, has been proposed for residential development and designated as
Hills at Lake Eden. The parcel was systematically surveyed for an environmental assessment
conducted in compliance with the City of Boynton Beach's Vegetation and Environmentally
Sensitive Lands Ordinance (Chapter 7.5, Article IV), and is therefore, compatible with the
definitions and provisions set forth in the ordinance. Field surveys were conducted in August
and September 1995 to: 1) identify, locate, and characterize all native vegetative communities
and wildlife habitat on the project site; 2) analyze the functional viability and quality of existing
habitat; 3) identify the presence of any flora or faunal species listed for protection by the U.S.
Fish and Wildlife Service (USFWS), the Florida Game and Fresh Water Fish Commission
(FGFWFC), or the City of Boynton Beach; 4) delineate areas with significant ecological value
for preservation; 5) identify areas of previous alteration or degradation; and 6) identify
surrounding land use and associated impacts. Data collected during the surveys was used to
target specific species and habitats for future protection
2.0 SITE DESCRIPTION
A. . Site Location
The Hills at Lake Eden development site is located between Seacrest Boulevard
and Swinton Avenue along the southern boundary of the City of Boynton Beach, Florida
(Figure 1). The site is bordered on the north by St. Joseph's Elementary School and on the east
and west by residential developments. Lake View Baptist Church is located south of the parcel.
The site is surrounded by development and has been significantly impacted by exotic infestation
and human disturbance. The center of the site, although containing numerous native scrub
species, suffers from the lack of habitat management. The site is not identified on Palm Beach
County Environmentally Sensitive Lands Map.
B, Soils
Soils include St. Lucie sand and Myakka sand. A little more than half of the
western portion of this site overlies St. Lucie sand. The Palm Beach county Soil Survey states
that this soil is nearly level to sloping, excessively drained, deep and sandy and is located on
long narrow, dune-like coastal ridges. The water table is below a depth of 6 feet, and building
development has few or no limitations. The soil on the eastern portion of the site is Myakka
sand, which is typical of pine flatwoods. The Palm B~ach County Soil Survey states that
C&N Environmental Consultants, Inc.
1
November 8, 1995
'" .,,~.:......~- - ~'-~
.-. ~-_._.-
I-IILLS JF LAI(E EDEN
-O'~": I !-.lo.. IDS,
:,:, II'" ~:o~~ ...::>fl r l .
.~ ", ~-i-__~,~';~17SI
-~3...J.-..'~rn~...I-... -$1
. l~'-
FIGURE I:
'\ SITE LOCATION MAP
fES 2" '997
.. pl\R\(S o~.
.' ,
~?a~"";..r.",:o' .
.~..... . ~''''l,:~",,,''~I~..::...:... ..
~.... ~..--
--or ~_~~ __ _
-~- ., ."."".,-~
/
,./
'~-.f"':r" J'
-..-........."--~.......~..,..._--
Myakka sand is a nearly level, poorly drained, deep, sandy soil. It is in broad, flatwood areas
and the water table is within 10" of the surface two to four months in most years, 10" to 40"
for six months in most years, and recedes to below 40" during extended dry periods. A ridge
occurs north-south through the approximate canter-of the parcel. A clear ecotone occurs from
east to west as the vegetative character reflects the change in the underlying soil profile.
C. Vegetative Communities
1. 411 - Disturbed Scrubb
The disturbed scrubby flatwood community is the highest quality habitat
on the parcel and has experienced minimal recent disturbance. Sand pine scrub, oak scrub, and
xeric oak hammock has been included in the scrubby flatwoods community due to the small area
of each habitat type and the dominance of slash pine (Pinus elliottL). The canopy is dominated
by slash pine which is generally open. Other canopy species include sand pine (Pinus clausa),
scrub live oak (Quercus geminata, Q. myrtifolia, Q. chapmanil), silkbay (Persea humilis), and
Brazilian pepper (Schinus terebinthifolius). The community transitions from the east up the ridge
from pine tlatwoods to more xeric scrub communities. Historically, the ridge canopy was
mostly sand pine but human disturbance and clearing activities have resulted in a Joss of most
of the sand pine. One large sand pine still exists and several small recruits were observed
nearby. The preservation areas comprise the highest quality scrub/scrubby flatwood areas
existing on the parcel.
Understory species include saw palmetto (Serenoa repens), cabbage palm (Sabal
palmetto), lovevine (Cassytha filiformis), rusty Iyonia (Lyonia ferruginea), tarflower (Befaria
racemosa); taIlowwood (Ximenia americana), pawpaw (Asimina reticulata), and pennyroyal
(PiLoblephis rigia). Ground cover species include gopher apple (Licania michauxil), prickly pear
cactus (Opuntia compressa), shiny blueberry (Vaccinium myrsinites), reindeer moss (Cladina
sp.), wiregrass (Aristida stricta), golden aster (Heterotheca subaxillaris), palafoxia (Palafoxia
feayz), beautyberry (Callicarpa americana), and silkgrass (Pityopsis graminifolia). Wild grape
(Vitis sp.), earleaf acacia (Acacia sp.), areca palm (Chrysalidocarpus sp.), mimosa (Albizia
julibrissin), and umbrella trees (Scheffelera brassia actinophylla) also occur in areas of former
disturbance near the edges of this community.
With management, much of this area will be restored to optimal conditions. Lack of fire
and other associated management has resulted in areas overgrown with extensive areas
overgrown with wild grape, greenbriar (Smilax sp.), and exotic vegetation resulting in numerous
dead canopy species.
With management, the preservation areas may provide habitat for numerous wildlife
species endemic to scrub habitat. All gopher tortoise burrows located in this parcel were
excavated per FGFWFC Permit No. WR95198 and relocated off-site. The smaIl cabbage palms
were initially considered to be scrub palmetto (Sabal etonia), but on close re-examination, the
C&N Environmental Consultants, Inc.
3
November 8, 1995",.,
fEE 24 '\9:~h
pM~'f,.S Ot.PT~
,.~.,
fruit were determined to be too small measuring approximately 5-8mm instead of lOmm or
greater for the fruit of scrub palmetto.
2. Disturbed/Previousl
lnvestigation of aerial photographs from 1965 to present indicate that
approximately two-thirds of the site has been cleared of native vegetation at various times.
These areas include the southern and western portions of the parcel. The eastern 300 feet of the
parcel was recently cleared of all understory vegetation. The slash pine canopy remains intact.
The property was likely used for landscape nursery operations as indicated by the dense forest
of swiniam cherry (Eugenia uniflora) on the south portion of the site and exotic landscape
vegetation such as schefflera (Brassia actinophylla), mango, royal poinciana (Delona regia),
ficus (Ficus b enjamin a) , areca palm, mimosa, castor bean (Ricinus communis), and other nursery
vegetation.
Brazilian pepper dominates large areas on the south and western portions of the parcel
as well as most of the perimeter of the site. Scrub species occur sporadically, but are out-
competed by exotic vegetation. The remaining saw palmetto are overgrown with wild grape and
Brazilian pepper.
The preservation area includes a small portion of this community on the western extent
of the preserve. These areas will be restored per Section 6.0 of this plan.
D. Wildlife Use
, Wildlife known to occur on this parcel include several species of mammals and
birds such as raccoon (Procyon lotor), cottontail rabbit (Sylvilagus floridanus), opossum
(DideLphis marsupialis), gray squirrel (Seivrus carolinensis), mourning dove (Zenaida macroura),
common flicker (CoLaptes auratus), and mocking bird (Mimus polyglottos). Gopher tortoise
(Gopherus polyphemus) were observed on the parcel and commensal species could occur.
3.0 LISTED SPECIES SURVEY
A list of potentially occurring state and federally protected species was compiled prior
to field survey to develop specific survey methodology to accurately determine the presence or
site utilization of protected species (Tables 1 and 2). Plant and animal species determined to be
endangered, threatened, or of special concern by the U.S. Fish and Wildlife Service (USFWS)
and FGFWFC were evaluated for the potential of occurrence on the Hills at Lake Eden parcel
based upon known or expected population distribution and range, preferred habitat types, and
documented occurrence. A listed species field survey was conducted throughout the parcel in
an effort to observe any sign of site utilization of protected species.
Weather conditions during the survey varied from rainy to sunny. Temperatute~ were
mostly in the high eighties to low nineties and wind speeds ranged from 5 to 10 1l).P'h. Survey
C&N Environmental Consultants, Inc.
4
Novcimber 8, 1995 1997
I fEB 24
\
~...' .,-
"'
\
\\.";
.",
'........."'"""........~ ,< '. <.~..,..
~ Off''''-
~K~
TABLE 1.
LISTED WILDLIFE SPECIES POTENTIALLY OCCURRING ON THE
HILLS AT LAKE EDEN PARCEL.
Common Name
Scientific Name
FGFWFC
USFWS
Occurrence
Eastern indigo snake Drymarchon corais couperi T T Possible
Gopher tortoise Gopherus polyphemus SSC UR2 Observed
Florida pine snake Pituophis melanoleucus SSC UR2 Unlikely
Florida mouse Podomys floridanus SSC UR2 Possible
Gopher frog Rana areolata aesopus SSC UR2 Possible
Southeastern kestral Falco sparverius paulus T C2 Unlikely
Red-cockaded woodpecker Picoides borealis T E Unlikely
Sherman's fox squirrel Sciurus niger shermani SSC C2 Unlikely
Florida scrub jay Aphelocoma coerulescens T T Unlikely
E = Endangered
T = Threatened
SSC=Species of special concern
UR2 = Under review for listing
C2=A candidate for Federal listing
FGFWFC=Florida Game and Fresh Water Fish Commission
USFWS = United States Fish and Wildlife Service
.fEB '2q '1997
fARKS DEfT.
.-
--
TABLE 2.
LISTED PLANT SPECIES POTENTIALLY OCCURRING ON THE HILLS AT LAKE
EDEN PARCEL.
--
Common Name Scientific Name FDA USFWS Occurrence
Curtiss milkweed Asclepias curtissii E Unlikely/Not observed
Four petal pawpaw Asimina tetramera E E Unlikely/Not observed
Scrub mint Conradina grandiflora E C2 Not observed
Prickly pear cactus Opuntia compressa T Present
Nodding pinweed Lechea cemua E C2 Unlikely/Not observed
Scrub palmetto Sabal etonia T Possible/Not observed
Wild pine Tillandsia spp. T Present
E = Endangered
T = Threatened
SSC = Species of special concern
UR2=Under review for listing
FDA = Florida Department of Agriculture and Consumer Services
USFWS = United States Fish and Wildlife Service
ff' '~t,;,!"",,,,,....
. ...c. L "vl;;i;:::/
PARKS DEPT.
.......,,-
"\..-
hours varied throughout the day. Early morning surveys were conducted to document bird
utilization and late afternoon surveys facilitated observations for mammalian species. With the
exception of the gopher tortoise, prickly pear cactus (Opuntia compressa) and wild pine
(Tillandsia sp.), no other listed species were obserVed fm the parcel.
Wildlife surveys indicated four (4) tortoises occurred on the parcel. These tortoises (2
males and 2 females) were captured and relocated in the preserve area at Big Cypress per
FGFWFC Permit No. WR95198 on September 8, 1995.
4.0 RESPONSIBILITIES OF THE DEVELOPER
The following management plan shall be used to govern all activities or concerns relating
to preservation areas and conservation easements noted on the development plan. The goal of
this plan is to assure the continued viability of all preservation areas and/or conservation
easements within the Hills at Lake Eden parcel. The developer and Homeowners Association
(HOA) will be responsible for the implementation of this plan through its contractors. No
alterations are permitted to this plan or within the preservation areas and/or conservation
easements without prior approval from the City of Boynton Beach. The objective of the Hills
at Lake Eden Management Plan is to ensure that the natural integrity of the preservation area
will remain undisturbed throughout construction activities and in perpetuity.
The scope of the work is as follows:
-Designation of preservation areas and conservation easements
-Clearing, grubbing, and debris removal
-Excavation or fill activities
-Implementation of Management Plan
A. Designation of Preservation Areas and Easements
The owner or his assignee shall delineate all preservation areas and appropriately
mark these areas to prohibit encroachment during clearing and grubbing activities
(Attachment I). Appropriate markings shall include but not be limited to orange vinyl barrier
fencing attached to 5' 2"x4 lumber installed 15' apart around the entire perimeter -of the
preserve. All fenced areas shall be inspected by the City of Boynton Beach prior to clearing and
grubbing.
B. Clearing. Grubbing. and Debris Removal
To prevent damage to preserve vegetation during clearing and grubbing activities,
the perimeter of the preserve will be root-pruned to a depth of 4 feet at least 3 weeks prior to
clearing. The root-pruning will occur 2' outside the preserve boundary. Trees, shrubs, stumps,
etc. shall be disposed of in accordance with local, state, and federal regulations. Other domestic
C&N Environmental Consultants, Inc.
7
November 8t 1995
__ EB 24 1997
PARKS DEPT.
'-,
"'..."'9/I~~.l _
--~........
~.~'""
"..,..-.. "--.
debris and household trash shall be removed from the site and disposed of in an approved
landfill site.
C.
Excavation/Fill Areas
Excavation/fill limits shall be marked by the owner or his assignee. Grade
changes adjacent to upland preservation areas will be engineered so that any cut or fill will not
encroach on any preservation areas or allow surface water runoff to sheet flow into or out of the
preservation area. Placement of the fill shall be accomplished by the contractors at the direction
of the owner or his assignee.
Prohibited activities in the preservation areas include but are not limited to: construction
or placing of building materials on or above the ground; dumping or placing soil or other
substances such as garbage, trash, and cuttings; removal or destruction of native trees, shrubs
or other vegetation unless previously outlined in the Hills at Lake Eden Management Plan;
excavation, dredging, or removal of soil material, diking or fencing, recreational vehicle use,
and any other activities detrimental to drainage, flood control, water conservation, erosion
control, or fish and wildlife habitat conservation or preservation. No alterations are permitted
within the preservation areas and easements without prior approval of the City of Boynton
Beach.
D. Drainage Calculations
See Attachment II.
E. ' Implementation of Management Plan
The following Management Plan has been designed to conform with all state,
county, and City of Boynton Beach guidelines which are in place for the protection of listed
species and associated habitat allocated for the preservation areas.
5.0 MECHANICAL MANAGEMENT
A. Purpose
Mechanical management of vegetative communities in the preservation areas will
be implemented to maintain and enhance the habitat and wildlife values for plant and animal
species occurring within the preservation areas. While somewhat more intrusive and less natur,a).
than fire as a management tool, mechanical measures have been successful in achieving/the
ecological objectives of habitat management. .
fMKS DEPT~
FEB 24 1997
C&N Environmental Consultants, Inc.
8
FfMISsLOEPT.
November\~, 1995 E'8RKs D,
......., "''',..,_....... N"" .......
.~.--.
B. Objectives
Beneficial results from mechanical management includes opening the canopy to
allow sunlight to penetrate the forest floor and increase herbaceous growth. This opening of the
canopy allows the regeneration of canopy species and decreases the density of overgrown
understory species to prevent succession to senescent scrub. Regularly implemented mechanical
management effectively arrests plant succession, maintaining the xeric oak/sand pine scrub in
a state most beneficial to indigenous wildlife species.
C. Mechanical Management Prescription
Mechanical methods of managing scrub habitat, although still experimental, will
be used in the Hills at Lake Eden preservation areas where burning is prohibited because of
safety constraints. This prescription minimizes adverse impacts whenever possible to protect the
ecosystem under management and maintain the natural integrity of the preservation areas.
Mechanical management, though thought to be less beneficial than fire management, may
be implemented to achieve management objectives. In many instances, weather conditions,
droughts, smoke sensitive areas, or other considerations prohibit the use of fire as a management
tool. Mechanical management has been selected because it is more effective in opening up small
areas of overgrown vegetation and to achieve the management objectives. Mechanical
management is considered more destructive to soil, seed source, and wildlife than fire.
However, periodic management may prevent the encroachment of woody perennials and maintain
young oak trees which are more susceptible to fire damage. Hand clearing alleviate soil and
seed source damage.
The xeric oak canopy in the preservation areas is closed and in need of selective thinning.
The understory is overgrown with exotic vegetation and prevents the sunlight from penetrating
the ground floor, effectively eliminating herbaceous growth. This also, reduces foraging area
and travel corridors for other wildlife species. The overgrown understory also effectively
prevents the successful reseeding of young oak and understory species in much of the
preservation area. Without some management, the scrub community will offer very little habitat
value for wildlife species.
The mechanical prescription for the Hills at Lake Eden preservation areas proposes to
use selective thinning for canopy species. Selective thinning by chainsaw of the canopy should
be implemented manually on up to ten percent (10%) of the oak scrub community to open up
the area for reseeding and to increase the quantity and quality of herbaceous ground cover. This
technique should be implemented approximately every 7-10 years. Minimal soil disturbance
should occur so as not to lose the native seed source. Exotic vegetation removal will comprise
the primary management component. Areas of extensive exotic removal will be re-planted with
containerized vegetation.
"'~
C&N Environmental Consultants, lnc.
9
fE3 24 19~7
November 8, 1995 PARKS DEPT,
, ,- ''''''"A ...,,,.,~ ."
-
Track equipment will be discouraged in the preservation areas as root systems within the
oak community are especially sensitive to such compaction. All management will be
implemented and debris removed by rubber tir~d equipment or by hand (chainsaw). All other
native vegetation in the preservation areas will rem~ill undisturbed and special care will be taken
to avoid disturbances to soils and sensitive ground cover species.
Selective thinning of dense oak should not occur in areas with exceptional growth of
Tillandsia species. With careful management, a mosaic of habitat types can be maintained and
protected for this unique values for the likely benefit of all the inhabitants.
6.0 HABITAT RESTORATION
Vegetation species for habitat restoration include, but are not limited to, the following:
Scrub palmetto (Sabal etonia)
Cabbage palm (Sabal palmetto)
Saw palmetto (Serenoa repens)
Sand pine (Pinus clausa)
Sand live oak (Quercus germinata)
Zamia (Zamia floridana)
Chap mans oak (Quercus chapmanil)
Myrtle oak (Quercus myrtifolia)
Runner oak (Quercus minima)
Scrub mint (Conradina grandifolia)
Gopher apple (Licania michauxil)
Herbaceous material shall be installed using containerized nursery stock with trees planted
10' o.c. and understory planted 3' o.c. Spacing to mimic the natural plant association (i.e.,
informal groupings with staggered heights and mixed species) will be attempted where possible,
No plant relocation will occur into the reservation areas. All planted material will be
containerized. The planting must e approved by the City of Boynton Beach prior to
installation.
7.0 LONG TERM MANAGEMENT
The Hills at Lake Eden preservation areas will be maintained as natural habitat in
perpetuity by the HOA. The prescribed management techniques will be implemented
approximately every 7-10 years to achieve the management objectives set forth in this plan.:^,
t"3.~)etl?ack' at the back-of-Iot will be sodded' and' maintained. The setback area will be mowed
-at- reguI'ar intervais to prevent recolonization of weedy and exotic species. Any proposed nature
paths in the preservation areas also will be maintained at regular intervals to provide safe access
for members of the community.
,..,.'" ~. r'.... y-"'" P'~'~l
~' <~~,. \} (.J:: '} (~;!} ,
C&N Environmental Consultants, Inc.
PARKS DEP
10
November 8, 1995
Prior to management activities, all required notices and necessary permits will be
submitted to the City of Boynton Beach. Every effort will be made to protect listed species and
other sensitive resources during implementation of the management plan.
A. Additional Management Techniques ~-
1. Exotic/Nuisance Species Removal and Control
Any Brazilian pepper, Australian pine (Casuarina equisetifolia), melaleuca
(Melaleuca quinquenervia), or other exotic vegetation will be removed from the preservation
areas. Brazilian pepper should be removed from the preservation areas using the chemical.
control described in the following section. Debris less than 8" in diameter (DBH) will be
chipped on site and used as mulch where needed. Vegetation debris larger than 8" DBH will
be hauled off site to an approved landfill.
2. Garlon 3-A QP
Garlon 3-A- Tricolpyr (3,5,6 - Tricholoro-2-pyrid inxloxyacetic acid) will
be used by a licensed operator to eradicate Brazilian pepper trees in the Hills at Lake Eden
preservation areas. The trees will be cut-stumped. The cut surfaces will be sprayed or painted
with Garlon 3-A QP (undiluted). Garlon 3-A QP will be applied by a person licensed by the State
of Florida to handle restricted chemicals. Every precaution will be used to contain the chemical
to the application site. The fallen trees will be removed via a haul route resulting in minimal
disturbance to soils and native vegetation remaining in the preservation areas.
3. Maintenance and Monitoring
After the initial Garlon 3-A QP treatment, the site will be monitored
quarterly for a period of one year by qualified environmental professional. Regrowth stumps
will be cut and retreated with Garlon 3-A QP at a rate of 3ml per cut at 4-inch intervals. Regrowth
greater then one inch DBH will be cut-stumped and treated with Garlon 3-A ~ at a rate of
Imllinch DBH to ensure 100 percent eradication.
The preservation areas will be monitored quarterly for the first year for the re-emergence
of exotic species. All new growth will be hand removed.
At the end of one year (maintenance and monitoring period), a letter report will be sent
to the City of Boynton Beach to summarize the implementation and success of the Preservation
Area Management Plan.
If exotic species invasion continues, at this time, to be a problem, new eradication
techniques will be implemented in coordination with the City of Boynton Beach Environmental
Staff. The preservation areas will be monitored annuall thereafter for a eriod of two years
if the era lcaUon program is deeme successful at the end of the first year.
C&N Environmental Consultants, Inc.
11
November 8, 1995
FEB 2\ 1991
PARKS DEPT.
-
'....-
8.0 REPLACEMENT AND ENHANCEMENT PROGRAM
The highest quality scrub habitat. occurring on the Hills at Lake Eden site will be
maintained as viable habitat per the intent of Chapter. 7.5, Article IV of the City of Boynton
Beach ordinance. All planted scrub material will comply with the requirement of the city
landscape ordinance. Proposed upland buffer areas on the project site will be available for
relocation of native plant species and enhancement as scrub oak habitat. Every effort will be
made to preserve protected plant species occurring on the project site. Additionally, use of
native plant species adapted to the xeric soils will be utilized for natural xeriscaping and
minimize future water consumption for preservation areas maintenance. Surface water
management plans will be designed to insure no runoff will occur into the preservation areas so
as to further ensure the long term integrity of the preservation areas.
Included in the enhancement program will be the clean up of the dump sites within the
preservation areas. Some heavy equipment will be required, but no track vehicles will be
employed. Established haul routes will be utilized in the removal of dumped materials.
The preservation areas will be surveyed prior to construction activities and designated
as a preservation area with surveyor stakes and protected by orange barrier fencing. Upon
project completion, signs will be posted along the perimeter of the preservation areas behind
every lot designating the area as a preserve area. Passive recreational features will be
maintained within t~e preservation areas. A buffer comprised of sod will be maintained along
the 3' setback along the perimeter of the preserve of the area on the Hills at Lake Eden site.
9.0 PROHIBITED ACTIVITIES
The upland preserve areas will be maintained in perpetuity or throughout the history of
the project. The following activities are prohibited within the areas:
*
Construction or placing of buildings, road signs not related to nature education
information, billboards or other advertising, utilities and drainage easements or
other structures on or above the ground.
*
Dumping or placing of soil or other substances or material as landfill or dumping
or placing of trash, waste, or unsightly or offensive materials.
*
Removal or destruction of trees, shrubs, or other vegetation with the exception
of exotic and/or nuisance vegetation removal.
*
Excavation, dredging, or removing of loam, peat, gravel, soil, rock, or other
material substance in such manner as to affect the surface.
*
Surface use except for purposes that permit the land area to remain in its natural
condition.
C&N Environmental Consultants, Inc.
12
November 8, 1995
FfB 2g} 1997
PARKS DEPT.
.~-
. .. ...----..-
"
~'"'.... .
*
Any improvements proposed for the back of lots that will change the natural
integrity of the preservation area.
*
Diking or fencing, and any other actiViti~s detrimental to drainage, flood control,
water conservation, erosion control, soirconservation or fish and wildlife habitat
conservation or preservation.
*
Acts or uses detrimental to preserve areas.
*
Surface water sheet flow into or out of the preserve area.
10.0 ENTITY RESPONSIBLE FOR MANAGEMENT
The Hills at Lake Eden HOA will be responsible for the long term management of Hills
at Lake Eden preservation areas.
The purpose of the on-site preservation areas is to provide viable and functional habitat
for the endemic wildlife of this area and maximize the potential for long-term sustainability of
the oak/sand pine scrub habitat. Primary management is for endemic scrub wildlife currently
utilizing the site and vegetative health.
Management and maintenance of the preservation areas and easements will consist of
monitoring for plant health and invasion of exotic species, specifically, Australian pine,
melaleuca, and Brazilian pepper. Initial removal of exotic plans shall occur during clearing and
grubbing activities. Follow-up monitoring and exotic removal shall occur quarterly for the first
year. Stumps of exotic species shall be treated with an approved herbicide to inhibit regrowth
and shall be applied following local, state, and federal guidelines.
Prohibited activities in the preservation areas include, but are not limited to construction
or placing of building materials on or above the ground, dumping or placing soil or other
substances such as garbage, trash, cuttings, removal or destruction of native trees, shrubs, or
other vegetation unless previously outlined in the Preservation Area Management plan,
excavation, dredging, or removal of soil material, diking or fencing, recreation vehicle use, and
any other activities detrimental to drainage, flood control, water conservation, erosion control,
or fish and wildlife habitat conservation or preservation.
/. The City of Boynton Beach shall have the right to enforce the provisions of the Hills at ~
" Lake Eden Preservation Area Management Plan through any available administrative or civil
/ proceedings which m~y result in pena~tie~, a~pro~riate revegetation and.o.ther remedies as agai.nst
~ any person, corporation, or other entity 111 Violation of any of the provIsIons of the Preservation /
Area Management Plan. J
FEB 24 1997
PARKS DEPT.
C&N Environmental Consultants, Inc.
13
November 8, 1995
11.0 TEMPORARY IRRIGATION
A temporary irrigation system will be installed within all restoration areas. New
plantings will be watered daily for a period of 60 day.s and weekly for an additional 60 days.
This will ensure survival of the newly planted vegetation.
12.0 FINANCIAL RESPONSIBILITY
The Hills at Lake Eden HOA will be responsible for the financial obligation of the
preservation areas. Newport Properties will be responsible for initial implementation of the
management plan prior to and during construction.
~.,
I'
FEB 24 1991
PARKS DEPT.
\.
,
./
"
"
-......-,
>,'
...-..".~."''''
C&N Environmental Consultants, Inc.
14
November 8, 1995
~--
ATTACHMENT I
PRESERVATION AREAS
Indiacated on site as Tract "B" and "e" as shown on the recorded
plat of record of Hills of Lake Eden, PUD.
- .- '-"
,--
.,,'"
'"
"
......:
\.
,
~
fEB 24 1997 I
,." PARKS DEP1'~ l
""- >
I
\;. "
,,,.
''', /
.
......, -~
"""",,~.........
~ ~ ~.,./;._. /' ll( , ~~
~ urlison A. Gent~'-'BSCEf p
"r:"'::r; ,.,~, ~~~1
~ t~ .i,. (~l i.w,"
PARKS DEPT.
"