REVIEW COMMENTS
MEMORANDUM
It"f{ eT-il~ TEl)
L .1_.i..li. V
TO
Carmen Annunziato
Planning Director
OAT~
22 November '85
FROM
Kevin Hallahan
Forester/Horticulturist
NOV 25 1985
PLANNII~G DEPT.
FILE:
SUIIJI:CT
Mariners Way - P.B. Co. Health
Department Permit
Attached is a copy of the permit required by the above environmental
agency for the project entitled "Mariners Way". The document (page 2)
details the specific mangrove replacement and trimming plan permitted over
a three year time period. I will be reinspecting the property when the initial
plantings are completed.
The attached information should be placed in the subject file.
Iir J, IcL~
K . n Hal h;;jn .J
Attachment
CC: Medard Kopcynski, Deputy Building Official
Dorothy Moore, Code Enforcement Officer
KH/ad
AGREEMENT
THIS AGREEMENT, made this
I'r~
day of
Wov~e1("'
1985, by and between the PALM BEACH COUNTY HEALTH DEPARTMENT,
("Health Department") and FIRST OXFORD DEVELOPMENT COMPANY,
( "Oxford ") .
WHEREAS, OXFORD is the owner of certain real property
("the Subject Property") situate in Palm Beach County, Florida,
more particularly described as follows:
That part of Section 22, Township 45
South, Range 43 East, Palm Beach County,
Florida, described as follows:
Commence at the West Quarter corner of
said Section 22, thence N.oo49'34"W,
along the West line of said Section
22, 700.23 feet to a line 700.00 feet
North of and parallel with the South
line of Government Lot 3 of said
Section 22; thence S.89022'01"E, along
said parallel line, l888.45 feet to
the City of Boynton Beach Bulkhead
line and the Point of Beginning; thence
continue S.89022'01"E, 79.16 feet to
a line 45.00 feet West of and parallel
with the West right-of-way line of the
Intracoastal Waterway; thence S.29017'Ol"W,
along said parallel line, 188.02 feet
to the South line of the North 165.00
feet of the South 700.00 feet of said
Government Lot 3; thence N.89022'01"W,
along said South line, 12.15 feet to
the said City of Boynton Beach bulkhead
line; thence N.8037'00"E, along said
bulkhead line, 166.61 feet to the said
Point of Beginning.
Containing 0.173 acre, more or less.
WHEREAS, OXFORD made alterations in September of
1985 to the Subject Property causing damage to certain
mangroves; and
WHEREAS, the Health Department is authorized by law to
request penalties and other remedies against OXFORD for said
damage; and
WHEREAS, the Health Department is willing to abandon
procedures to seek penalties and other remedies provided OXFORD
revegetates the Subject Property; and
1 of 4
WHEREAS, OXFORD is willing to revegetate the Subject
Property;
NOW, THEREFORE, the parties heretofore agree as
follows:
1. On or before December 15, 1985, OXFORD will plant
mangroves in accordance with Exhibit A annexed hereto and made
a part hereof, and in accordance with the following conditions:
a. The Health Department shall be notified
in writing at least forty-eight (48)
hours prior to commencement of the
reforestation program and no later than
forty-eight (48) hours after completion
of the reforestation program.
b. All mangroves must be a minimum of three
(3) feet in height.
c. Eighty four (84) Red Mangroves (Rhizophora
mangle) shall be planted in two (2)
staggered rows on three (3) foot centers
within the open areas of shoreline as
indicated on Exhibit A.
d. Forty (40) Red Mangroves (Rhizophora mangle)
shall be planted in one (I) row on five
(5) foot centers along the edge of an
existing mangrove fringe as indicated on
Exhibit A.
e.
All mangroves shall have a three (3)
year, eighty percent (80%) survival rate.
In order to insure an 80% survival rate,
OXFORD, for a period of three (3) years
from the date of this restoration, shall
replant any mangrove which does not
survive at anytime and shall weed the
reforested area as necessary. Beginning
on April IS, 1986, OXFORD shall submit
a quarterly report to the Health Department
specifying the number of surviving plants
in the revegetation area. This report
shall be submitted until such time as the
Health Department advises OXFORD that it
does not have to submit them.
,
2. OXFORD may remove any dead branches existing
within the mangrove fringe provided the removal techniques do
not harm the mangroves that remain.
2 of 4
3. Provided that OXFORD shall comply with all
provisions of paragraph 1 of this agreement,as determined by
the Health 'Department, the Health Department will not seek
penalties or other remedies for the damages caused by the
alteration to the Subject Property in September of 1985.
4. The provisions of this agreement shall inure to
the benefit of, and shall be binding upon, the parties hereto
and their respective heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties have set their hands
and seals the date and year hereinabove set forth.
Signed, sealed and delivered
q;te1?se~:
/ ,.,...
to Health Department
FIRST
~. $,~9,I"~ B
~._~W~~
l.tness s as eo Fl.rst Ox opd'
Development Company
STATE OF FLORIDA
COUNTY OF PALM BEACa
I HEREBY CERTIFY that on this day before me, an officer duly
qualified to take acknowledgements, personally appeared
as
of the PALM BEACH COUNTY HEALTH DEPARTMENT, to me known to be
th~ person described in and who executed the foregoing instrument
and acknowledged befQre me that 'executed the same, having
been duly authorized to do so by said department.
WITNESS my hand and official seal in the County and State last
aforesaid this Iq;(:/l day of 7701.{.1/'~V ,1985.
M~ commission expires:
Notary Public, Stelte "f AClri~J
My Commiuion Expires April 20, 1987
Ionded lhN '(0"1 hi,.,:: 6ni~14n'., Inc,.
~~~Pj~
NdTARY PUBLIC . ?
3 of 4
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer duly
qualified to take acknowledgements, personally appeared
as
of the FIRST OXFORD DEVELOPMENT COMPANY, to me known to be
the person described in and who executed the foregoing
instrument and acknowledged before me that executed the
same, having been duly authorized to do so by said corporation.
WITNESS my hand and official seal in the County and State
last aforesaid this '3 ~ day of 1(~ ,1985.
~CL-. .Qa- ~ ?..U ls~
NO ARY PUBLIC
My commission expires:
NOTARY PU2LIC S[,l\TE OF FLORIDA
MY CUi"t'fII:J...lGd G.f'll'~~ f/\r\R :;) 1'll>6
eOl,(,)..D T hiZJ (id ,..;(AL II JS . U,j", ue. 'v kll ~i\)
Attachment- Exhibit "A".
4 of 4
./
/'
'>
(Not to Scale)
EXHIBIT A
40 ft. Open Area - Mangroves planted in two (2)
staggered rows - - 3 ft.
centers (26 plants)
30 ft. Open Area - (2) staggered rows - - 3 ft.
centers (20 plants)
20 ft. Open Area - (2) staggered rows - - 3 ft.
centers (14 plants)
15 ft. Open Area
- (2) staggered rows - - 3 ft.
centers (10 plants)
20 ft. Open Area
- (2) staggered rows - - 3 ft.
centers (14 plants)
I~ 200
I
,
t.iJ
I
I
I
ft. - - Area where a single row of mangroves
can be planted along the shoreline
landward of the existing mangrove
fringe - - 5 ft. centers (40 plants)
.....
.,
,
,
'-
.....
.....
,
~
Area of existing mangroves
.....
,
,
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'-
"
......
"-
,
....
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DEX::LARATION OF RFSTRlcrIONS
OF
~INER '5 WAY ASSOCIATION, IN:.
WHEREAS , FIRST OXFORD DEVEIDPMEm' OJRP. , a Flor ida oorporation
(hereinafter called "OEVEIDPER"), is the o.omer of those certain lands
located in Palm Beach County, Florida, rrore particularly described in
Exhibit "A" attached hereto, and
WHEREAS, DEVEIJ)PER desires to construct upon said land certain
buildings consisting of separate residential units connected by COO'llDn
walls (Le. party walls), and
WHEREAS, DEVEIDPER desires to create a residential canplex consisting
of the various residential units and appurtenances and arrenities and to
provide for the preservation and enhancarent of the canplex as well as the
residential units.
N:M, THEREFURE, FIRST OXFORD IEVElDPMENl' <X>RP., a Florida corporation,
the o.omer of those certain lands in Palm Beach County, Florida, lTOre
particularly described in Exhibit "An attached hereto, does hereby set
forth covenants, restrictions, reservations and servi tudes, to be
applicable and impressed upon said lands, known or to be known as ~INER' S
WAY, as set forth hereinbelow:
1. DEFINITIOts. As used in this Declaration of Restrictions the
following 'NOrds have the following meanings: .
A. ASSOCIATION means ~lNER'S WAY ASSOCIATION, IOC., a Florida
corporation not-for-profit, its successors or assigns, the Certificate
of Incorporation and By-Laws of which are attached hereto, marked
Exhibit "B" and Exhibit "cn, respectively, and made a part hereof.
B. OOARD Ireans the Board of Directors of the ASSOCIATION.
C. DEVELOPER means FIRST OXFURD DE.'VEIDPMENI' CX>RP., a Florida
corporation, its successors or assigns.
D. r.ar rreans a lot as sho.om on the Plat of WffilNER' 5 WAY, as
recorded in Plat Book , Page _, of the Public Records of Palm
Beach County, Florida, a copy of which is attached hereto as Site Plan
Schedule, Schedule One, wr shall also mean any lot shown on allY
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1;uture replat or resubdi vision of the property pursuant to said site
,
plan which is shown to be a lot on any amendment to the Declaration or
any portion of the PRO.Ja:T AREA.
E. lDI' ~ or a4NER neans the holder or holders of the fee
simple title to a LOT as herein defined.
F. PERSON rceans a person, firm, association, trust or
corporation.
G. PROJEX.:T AREA neans the land described on Exhibit "A".
H. SUBDIVISION also means the lands described in Exhibit "A".
I. ROCREATION AREA Ireans the portion of the PROOECI' AREA ( if
any) on which IEVEIDPER designates as a REX:REATION AREA on Schedule One
hereto or in any recorded plat of the PROJOCT AREA.
J. INSTI'IUI'IONAL LENDER shall mean any bank, insurance carpany,
federal or state savings and loan association, savings and loan
corporation, real estate investment trust or credit union, FNMA, GNMA,
FHA, FHI.M:, or any enti ty camonly known as a Secondary M::>rtgage Market
Lender having a first I1'Ortgage lien upon any lot even if it acquired
and holds title thereto as a result of foreclosure of any such I1'Ortgage
lien or by deed in lieu of foreclosure.
INSTITUrIONAL LENDER also
includes any holder of a nortgage given by mvElDPER, whether or not
said holder is inclooed in the definition in the foregoing sentence.
f
Further, as to any nortgage held by DEVEIJJPER on a portion of the
PROJEX:T AREA, lEVEIDPER shall be deerred to be an INSTI'IUrIONAL LENDER.
K. PARKIN::; SPlICE means those corm::m areas provided by DEVEIDPER
for parking of rrotor vehicles.
On-street parking is prohibited.
L. 5'l'REE:l'S means those public or private driveways and/or
streets which are indicated on the above referenced Site Plan Schedule,
and which are intended for call1cn use.
M. <n+DN AREA shall include all portions of the PROJOCT AREA,
other than (1) a rm, (2) land under a residential unit.
N. CANAL EASEMENI' rceans any portion of the SUBDIVISION or
waterway access, or any recorded plat of the SUBDIVISION.
O. The use of any gender is deerred to include all genders, the
use of the singular includes the plural, and the use of the plural
includes the singular.
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. .
2. RESIDEm'IAL USE. All IDTS in the SUBDIVISION are restricted to
the use of a single family, a household unit, and the appurtenant servants
and guests. Only one residence building nay be built on one r..m and nobody
is to reside in a trailer or vehicle. No accessory buildings may be
erected, except CCJTm:>nly-used buildings controlled by the ASSOCIATION.
Construction and sales sheds or trailers nay be placed on a LOT and remain
there temporarily during the course of construction and sales by DE.VEU>PER
(or a successor to DEVEI.OPER), otherwise, no portable buildings or trailers
, may be placed on a LOT.
No building shall be enlarged by additions thereto or portions enclosed
unless and until plans for such ~rk shall have been approved in writing by
the ASSOCIATION, which approval shall be at the sole discretion of the
ASSOCIATION. Nothing contained herein shall prevent the construction of
adjoining multiple-famdly residential units which are divided by and share
a CUIUon party wall located on (or approximately on) a LOT boundary line.
No building shall exceed thirty (30) feet in height neasured fran the crown
of the road or STREET up:>n which such building fronts.
3. NJ TRADE, BUSINESS OR PROFESSION, ETC. R> trade, business,
profession or any other type of ccmrercial activity shall be carried on
upon any IDl' other than the sale of portions of the SUBDIVISION by
DE.VELDPER .
4. lAWNS, IANOSCAPINJ, FEN::ES, HEOOES, CLOrHES POLES, HURRICANE
SHUITERS, PARKIN:;. All portions of a LOT not occupied by a building,
patio, atritnn, walkway, pavement, PARKIN:; SPN:E, or permanent structure
shall be grassed and kept as a lawn or landscaping. No fences, hedges,
trees, shrubbery, or other forms of landscaping shall be installed or
maintained unless the SaIOO shall have been first approved in writing by the
BOARD, which approval may be arbitrarily withheld. Outdoor clothes drying
is prohibited, except where not within the view of the public or other
LOI'S. All garbage and trash containers and oil and gas tanks must be
placed and maintained as to render the contents thereof hidden fran vie\tl
fran adjoining properties. All hurricane shutters shall be of a type
approved by the OOARD, ,and no such shutters shall be installed unless the
same shall be a type approveQ by the BOARD, No sign of any nature
wha tsoever shall be erected or displayed wi thin the SUBDIVISION except
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where express written approval of the size, ~~ape, content and location
thereof has been first obtained fran the BOARD, which approval may be
arbitrarily withheld.
5. RESERVATIONS FOR lAWN, SPRINKIER SYSTEM AND EXTERIOR BUIIDIN;
WUNI'ENAOCE, me.
'A. Sprinkler System. 'l11e ASSOCIATION nay operate, maintain,
repair and alter a fresh water sprinkler system constructed over,
through and upon portions of the SUBDIVISION <including but not limited
to, UYI'S, (XM.ON 'AREAS, STREETS, REX:REATION AREA (if any), driveways
and walkways). Accordingly, there is hereby reserved in favor of the
ASSOCIATION the right to operate, maintain, repair and alter a fresh
water sprinkler system over, through and upon any portions of the
SUBDIVISION, except portions of I.DrS upon which the residences
themselves are located, and the CMNERS of IDl'S in the SUBDIVISION shall
be liable to the ASSOCIATION for a prorata share, as hereinafter set
forth, of the reasonable cost of operation of said system, and the
maintenance, alteration and repair of the portion of said system. Fach
such wr a-mER shall be further liable to the ASSOCIATION for the full
reasonable cost of all required maintenance, alteration and repairs to
that portion of said sprinkler system lying within and upon a portion
of an ~'S IJ:1r, upon which a residence is not located.
B. Lawn Maintenance and Spraying. The ASSOCIATION shall
maintain and care for all lawns, trees and shrubbery wi thin the
portions of the SUBDIVISION which are IDl'S, REX::REATION AREA (if any)
and/or ro+oN AREA. 1vxordingly, there is hereby reserved in favor of
the ASSOCIATION the right to enter over, through and upon any such
portions of the SUBDIVISION for the purpose of maintaining and caring
for the lawns, shrubbery and trees located thereon. Fach CMNER of a
IJ:1r in the SUBDIVISION is hereby made liable to the ASSOCIATION for a
prorata share, as hereinafter set forth, of the reasonable cost of all
such maintenance and care fran time to time performed by the
ASSOCIATION. "Maintenance and care" within the neaning of this
Paragraph 5-B shall include nowing, trinming, pruning, edging,
fertilizing and spraying of lawns, trees and shrubs. Fach such tar
~ shall be further liable to the ASSOCIATION for a prorata share as
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hereinafter set forth, of the reasonable cost of the required
replacement of sod, trees and shrubbery (as the same shall be
determined upon fran tiJre to tiJre by the BOARD in its sole discretion)
upon the ROCREATION AREA (if any) and cn.M)N AREA and for the full
reasonable cost of all such required replacenent upon the portion of
I.OI'S upon which a residence is not constructed. In the exercise of its
discretion in this regard, the BOARD shall be governed by the principal
that all lawns shall be fully maintained, free fran unsightly bald
spots or dead grass, and uniform in texture and appearance with
surrounding lawns in the SUBDIVISION, and that dead or dying trees and
shrubbery shall be replaced with heal thy plants. The BOARD shall have
the right to allow IJ:Jr CMNERS to plant and maintain landscaping in the
form of shrubbery, bushes, flowers, trees, etc., on portions of IDI'S
not cx:cupied by the residence, at a IDl' ~'S expense, provided that
it is agreed that such approval can be revoked by the OOARD at any time
and for any reason and provided that said planting and landscaping does
not interfere with or conflict with the maintenance and landscaping
done by the ASSOCIATION.
C. Seawall and Exterior Building Maintenance and Repair. Except
as limited herein, the exterior of all residential buildings,
RECREATION AREA (if any) irrprovements, walls and fences in the
SUBDIVISION and all seawalls, boat docks and bulkheads shall be
maintained and repaired on a periodic basis by the ASSOCIATION. There
is hereby reserved in favor of the ASSOCIATION the right to enter upon
all of the portions of the SUBDIVISION, including residential
buildings, for the purpose of conducting a periodic program of exterior
painting and seawall or dock repair, which shall include, but shall not
be limited to, repainting of exterior walls, shutters, fences, trim,
gutters, eaves, downspouts, roofs, or any portion of the foregoing, as
well as caulking and rebuilding seawalls and boat docks. The
repainting, maintenance and repair of doors, windows and roofs are the
primary responsiblity of the respective IDl' CMNERS, however, should a
u::rr ~ fail to perform this obligation to the sane standard as the
quali ty of the SUBDIVISION, then ASSOCIATION shall have the right to
enter the r..cr and charge the IDr 04NER with the cost of same, with lien
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rights as described herein. The times when such maintenance and repair
shall be performed and the extent thereof shall be determined by the
OOARD in its sole discretion. '!he CMNER of each I.CJr on which there is
a completed residence is hereby made liable to the ASSOCIATION for a
prorata share, as hereinafter set forth, of the reasonable cost of the
conduct of such periodic maintenance and repair fran time to time
performed by the ASSOCIATION. The ASSOCIATION shall not be responsible
for repairing or replacing a building or structure which in the OOARD'S
.
opinion shall have been destroyed, nor shall the ASSOCIATION be
responsible for:
(l) repairs beneath the exterior surfaces of
buildings, (2) air-conditioning systems for residential buildings, (3)
the CMNER rather than the ASSOCIATION shall be responsible to repair
and ma.intain that portion of the water, sewer and electrical systems
which are utilized only by said CMNER and located between the residence
and the point of connection to the ccmn::mly-used laterals (including
individual meters; if any), (4) roof repairs; all such repairs being
the responsibility of the JJYr~. N;) alteration, mXiification or
construction to any residential building on any JJYr shall be nade
wi thout the written consent of the ASSOCIATION, which consent nay be
arbitarily withheld.
D. Streets and Private Road and Driveways. Except to the extent
dedications are ma.de to the public and/or public agencies shall have an
obligation, the ASSOCIATION shall be responsible for the maintenance
and repair of all STREETS, sidewalk.sand driveways, PARKIN:; SPACES,
RECREATION AREA (if any), sul:xterged area of a CANAL FASEMEK'r and
seawalls and boat docks, and the a:Mf)N AREA, and there is hereby
reserved in favor of the ASSOCIATION the right to enter upon said lands
for such purposes. The CMNERS of all IDTS in the SUBDIVISION are
hereby made liable to the ASSOCIATION for a prorata share as
hereinafter set forth, of the reasonable cost of all such maintenance
and repair.
E. Insurance on the <XltffiN MFA and REX:RFATION AREA (if any).
The ASSOCIATION shall purchase insurance policies (except title
insurance' upon the c:rHI)N AREA, RECREATION AREA (if any), PARK,IR; AREA
and STREETS (private and public> and the named insured shall be the
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ASSOCIATION, iOOi viduallyand as agent for the r.m CMNERS , without
naming them and their rrortgagees. Such p:>licies shall provide that
payments for losses thereunder by the insurer shall be made to the
ASSOCIATION and all p:>licies and endorsements shall be deposited with
the ASSOCIATION. I.CYl' CMNERS shall obtain insurance coverage at their
own expense upon their a.m residential building, upon their IDr, their
party wall, and upon their a.m personal property and for their personal
liability and living expense. '!he BOARD shall determine annually the
extent of insurance coverage to be purchased by the ASSOCIATION, which
coverage shall afford protection against vandalism and malicious
mischief, public liability in such anounts and with such coverage as
shall be required by the OOARD, including hired autan::>bile and
nonowner autaoobile coverages, with crOSS-liability endorsel'l'ellts to
cover liabilities of IJ:Jr CMNERS as a group to a IJ:Jr CMNER; workrten' s
compensation to neet the requirerents of law, director's liability
insurance, and such other insurance as the OOARD shall determine fran
tine to tiIre.
Premiums upon insurance p:>licies purchased by the
ASSOCIATION shall be paid by the CMNERS of IOl'S and each CMNER of a IJ:fr
is hereby made liable to the ASSOCIATION for a prorata share, as
hereinafter set forth, of the cost of all insurance. '!be OOARD may
assess the CMNER of each IJ:Jr equally to provide sufficient funds to
complete any necessary reconstruction and repair; and each CMNER of a
IJ:Jr is hereby made liable to the ASSOCIATION for any such assessment.
Provided, however, that any LOl' CMNER who damages any conm:mly-used
improvements in the SUBDIVISION may be charged for the repair of sane
even though ASSOCIATION shall have the right to contract for the
repair.
F. Any area for C(AlIlun use shall be subject to the control,
,
direction and operation of ASSOCIATION and all costs shall be paid by
the IJ:Jr CMNERS in their prorata share, as hereinafter set forth.
G. Capi tal Int>rovelTents. After the initial improvements are
provided by IEVEI.DPER, funds necessary. for capital irrproverrents
relating to a:J.M)N AREAS, PARKIN:; SPACES, ROCREATION AREA (if any),
STREETS, sidewalks, etc., may be levied by the ASSOCIATION as special
assessments. Fach rm CMNER is hereby made liable to pay his prorata
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share, as defined hereinafter, of such special assessments.
H. Public Utili ty Easements. An ~sercent is hereby reserved in,
to, over, upon and across each and every portion of the SUBDIVISION,
including lDl'S, cn-M>N AREA, STREETS, REX:REATION AREA (if any), CANAL
EASEMENI' , PARKIN:; SPACES, and party walls, for the purpose of
constructing and naintaining thereupon such facili ties as nay be
necessary to furnish public utilities to any buildings or other
improvements erected upon any IJ:Jr, mM)N AREA, REX:REATION AREA (if
any) or PARKIN:; SPACE, and to such izrprovenents as may be constructed
and maintained fran time to time thereon. PRO\7IDED, fOiEVER, that said
utility lines and mains shall not be installed ~thin any LOT so as to
interfere with the construction of any private dwelling or inprovements
thereon.
I. Carm:m Walls. '!he CCJ'lTlOn walls shared by LOT CMNERS and
located in the vicinity of the IJ:Jr boundary line shall be party walls
for the perpetual benefit of and use by the J.J:Ir CMNER, including his
heirs, assigns, successors and grantees, of each such residential unit.
In the event of damage or destruction of the party walls fran
any cause whatsoever, other than the negligence or willful misconduct
of only one of the UYr CMNERS, the JJ:1r CMNERS using the party wall
shall, at their joint expense, repair and rebuild said wall<s) and each
IJ:1r CMNER shall have the right to full use as herein contained of said
wall<s) repaired or rebuilt. In the event it shall becane necessary or
desirable to perform maintenance upon the whole or any part of the
party walls, such expense shall be shared equally by the JJ:1r CMNERS of
the adjoining units or their successors in title. l-l1enever any such
wall or any part thereof shall be rebuilt, it shall be erected in the
sarre manner and at the sarre location where it shall ini tially be
constructed, and shall be of the sane size and of the same or similar
materials and of equal quality. Provided, that if such naintenance,
repair or construction is brought about solely by the neglect or the
willful misconduct of one n) u:tr CMNER, any expense incidental thereto
shall be borne solely by such wrongdoer. If a LOT ~ shall refuse
to pay his share (part or all of such cost in the case of negligence or
willfUl misconduct), any other IJ:I'f OWNER or the M~IATION may have
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such wall repaired or reconstructed and shall be entitled to a lien on
the 1m of the I.Dr CMNER 50 failing to pay for the arrount of such
defaul ting 101' ~'S share of the rePair ,or replacement. If a r.m
CMNER shall give, or shall have given, ,a m:>rtgage or mortgages upon his
unit, then the mortgagee shall have the full right at his option to
exercise the rights of his mortgagor as an CMNER hereunder and, in
addi tion, the right to add to the outstanding balance of such nortgage
any arrounts paid by the nortgagee for repairs hereunder and not
reimbursed to said nortgagee by the wr CMNERS. If a rm ~ shall
cease to use the wall as a party wall, he shall be deened to have
abandoned all rights thereto, and the wall shall becane the property of
the ad jacent IJYr CMNER who shall have an easement upon the land under
the wall so long as the wall shall be used by him. Any IJYr CJiNER
rerroving his int>roverrents fran the party wall or making use of the
party wall shall do so in such nanner as to preserve all right of the
ad jacent IJYr ~ in the wall, and shall save the adjacent rm <MNER
harmless fran all damage caused thereby to inprovements then existing.
In the event repairs or reconstruction shall be necessary, all
necessary entries on the adjacent I.Dr shall not be deemed a trespass so
long as the repairs and reconstruction shall be done in a workmanline
nanner, and consent is hereby given to enter on the adjacent u::tr and
residence thereon to effect necessary repairs and reconstruction.
The ONNER of any rm sharing a party wall with the adjoining
rm ~ shall not possess the right to cut windows or other openings
in the party wall, nor nake any al terations , additions or structural
changes in the party wall.
The CMNER of any I.Dr shall have the right to full use of said
party walls for whatever purposes he chooses to errp10y subject to the
limitation that such use shall not infringe on the rights of the OWNER
of an ad joining unit or his en joym:mt of said walls or in any nanner
Lmpair the value of said walls.
Each ccmron wall to be constructed on a rm is to be and
remain a party wall for the perpetual use and benefit of the respective
CMNERS thereof, their heirs, assigns, successors and grantees, said
wrs being conveyed subject to this condi tion, and this oondi tion shall
-0. 9-
be construed to be a covenant running with the land.
J. Mar iner · s Way Association, Inc. In the event any recorded
plat encanpasing the SUBDIVISION shall require M3.riner' s Way
Association, Inc. to act as an CMner's association to maintain
easerrents, water areas, drainage areas, green areas, swales, STREETS,
roads, entranceways and the like, Mariner's Way Association, Inc. shall
undertake all such activities, if any are establi~hed, fran time to
tine. Said ASSOCIATION shall specifically undertake to perform any
such obligations set forth on any plat of the SUBDIVISION which are
inposed by Palm Beach County, Florida, or the City of Boynton Beach,
Florida, and no change, alteration or abrOgation of said obligations
shall be made without the consent of said governrrental agency. Fach
I.J:Jr CMNER shall be liable to pay his prora~ share of any reasonable
expenses of ASSOCIATION wi th respect to said obligations and in the
event the ASSOCIATION shall be dissolved, each IJ:1r CMNER shall continue
to be responsible for his prorata share of said expenses until such
appropr iate goverl'lIrental agency shall agree to the contrary.
K. Carmunity Standards. All portions of any IJ:1r, building
exter ior, or other i tern in the PROJEX:T AREA which is to be maintained,
repaired or kept at the expense of the individual u:rr CMNER shall be so
maintained, repaired and kept to the same quality as the rest of the
SUBDIVISION to avoid unsightliness, loss of value and impainrent of use
as to the individual u:rr CMNER and other JJ:1r CMNERS. In the event a
I.J:Jr CMNER shall fail or refuse to maintain, repair or keep his rnr or
any improverrents thereon in accordance with the standards of the
ccmnunity described herein, the ASSOCIATION (acting through the BOARD)
shall have the right to enter upon the IJ:Jr and correct the condition,
wi th the cost thereof being assessed and charged as a lien against said
r.ar in the manner described herein.
L. Cc.mton Utility Service. In the event governmental
authorities or utility service cc::rrpanies shall provide water,
electricity, sewer, trash, garbage or other services for private
residential use, but the billing and metering of same shall be in
camlOn wi th other JJJr CMNERS, the cost of such i tern and payment of the
multiple-unit bill shall be shared equitably by the ror CMNE.RS included
-D.10-
in said bill, and payrrent of said bill shall be determined on an
"equitable estimated basis". 'n1e bills shall be forwarded to the
ASSOCIATION which shall collect from each OWNER included in that bill,
an "equitable estimated portion" of any deposit or use charges. '!he
"equitable estimated portion" shall be determined by obtaining (fran
time to time as the ASSOCIATION shall deem reasonable, but not
necessar ily rrore often than annually) an approximate estimate of
typical usage for each size and type of residence sharing a particular
xreter or included in said bill (presuming normal year-round occupancy
for each unit type regardless of the actual tine of occupying or actual
number of occupants). Each IJ:Jr CMNER sharing a meter or camonly
included in a bill shall pay his proportionate share of each such bill
and deposit based on his type of unit's proportionate share of
estimated typical usage canpared to that of all units included in such
bi 11. 'n1e ASSOCIATION shall collect each IJ:1r a4NER' S share of camon
bi Ils as an addition to assessments and shall have the right to a lien
against a delinquent LOT OWNER as described herein as to any
assessment. The provisions of this paragraph shall not apply to items
which are separately metered or charged only to the one unit but
applies only to individual unit usage which are metered or billed with
other units.
6.' ASSOCIATION MEMBERSHIP.
A. Each IJ:1r CMNER shall. autanatically becane a ll'eI'Iber of the
< ASSOCIATION upon acquiring record title to any JJ:1r. In addition, the
DEVElOPER or any successor to DEVEIDPER' S title, as record CMner of
wrs, shall be deerred to own that nurrber of memberships which is equal
to the number of its U1l'S. Said nerrbership shall be appurtenant to and
may not be separated fran CMnership of any JJ:Jr. Nlen rrore than one
person holds an interest in any rnr all such persons shall be merrbers,
however, there shall be only one vote for each JJ:1r, said vote to be
exercised as they arrong themselves determine, as evidenced by a
certificate signed by all the record CMners designating which nember
shall be enti tIed to vote for said I.l:1r. In the event such a
certificate i8 not on file wi th the ASSO:IATION, no vote for said IJ:Jr
shall be cast. Anything to the contrary notwithstanding, any IJJr owned
-D.l1-
jointly by husband and wife may exercise the vote without a certificate
so long as the ASSOCIATION has not been advised by either spouse to the
contrary. Membership in the ASSOCIATION shall also include such other
persons hereinafter declared by the DEVEIDPER to be members; subject to
the SaIre rights and obligations as herein set forth:
( 1 ) Class A. Class A members shall consist of all the nenbers
declared to be members, as hereinabove provided, excepting
the DE.VEIDPER.
(2) Class B. ']be Class B rrember shall be the rEVELOPER, its
successors or assigns. So long as there shall be a Class B
member, said member shall have the exclusive power to elect
the directors, whicn directors shall exercise all the powers
of the ASSOCIATION. '!he Class B merrbership shall cease and
all pawers and duties of the ASSOCIATION shall be exercised
by the Class A m:mbers upon the happening of ei ther of the
following events, whichever first occurs:
(a) December 31, 1992~
(b) Upon filing in the Public Records of Palm Beach County,
Florida, of a resignation of the Class B member from
membership;
(c) Wi thin one hundred eighty (80) days after the DEVEIDPER
has carpleted construction of all proposed uni ts in the
PROJEX::T ARPA, and sold all units.
7. LIEN IN FAVOR OF THE ASSOCIATION. '!he ASSOCIATION shall have a
lien on each lOT in the SUBDIVISION for any unpaid assessnent made by the
ASSOCIATION for the purpose of permi. tting the ASSOCIATION to perform the
several services and obligations conferred upon it hereunder or to maintain
comnunity standards described in Paragraph 5-I{ or any other obligation,
including but not limited to, Paragraphs 5-A, B, C, 0, E, F, I or L. Said
lien shall also secure reasonable attorney's fees incurred by the
ASSOCIATION incident to the collection of said unpaid assessment or
enforcerrent of such lien (including appeals). SUch lien shall be effective
fran and after the tine of recording in the Public Records of Palm Beach
County, Florida, of a claim of lien stating the description of the u:rr, the
name of the record owner, the ancunt. due and dat.e ~en due, and the lien
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shall continue in effect until all sums secured by the lien shall have been
fully paid. Such liens shall bear interest at the rate of eighteen percent
(l8%) per annum from date of recording until paid. Except for interest and
attorney's fees incident to collection and enforcement, such claims of lien
shall include only the unpaid assessments which are due and payable to the
ASSOCIATION when the claim of lien is recorded. Upon full payrrent, the IJ:Jr
~ shall be enti tled to a recordable satisfaction of lien. All such
liens shall be subordinate to the lien of a nortgage or other lien of an
INSTI'IUI'IONAL LENDER recorded prior to the time of recording of the claim
of lien, and in the event the holder of a prior INSTI'lUrIONAL IENDER'S
rrortgage or lien shall accept and recorda deed of foreclosure, the
recording of said deed in lieu of foreclosure or Certificate of Title shall
operate to release the ASSOCIATION'S subordinate claim of lien.
Such liens may be foreclosed by suit brought in the name of the
ASSOCIATION in like manner as a foreclosure of a nortgage on real property.
In any such foreclosure the IJ:1r CMNER shall be required to pay a reasonable
rental for the IJ:1r, and the ASSOCIATION shall be entitled to the
appointment of a receiver to collect the same or protect the ASSOCIATION'S
interest.
8.
CONTINUATION OF LIEN.
Each IJ:1r shall be subject to the
obligations and liens set forth in this Declaration of Restrictions so long
as this Declaration of Restrictions shall retain in effect, even though the
improverrents thereon may be destroyed by any cause.
9. PRORATA SHARE DEFINED. In order that all buildings, structures,
and irrprovernents wi thin the SUBDIVISION may be maintained to an equally
high degree by one organi zation, and in order that the _ cost of such
maintenance may be kept low through bulk contracting, the ASSOCIATION has
been incorporated to provide maintenance services for those IDl'S, (X)t.H)N
AREAS, PARKIN:; SPACES, ROCREATION AREA (if any) , easements, CANAL
EASEMENl'S, STREETS, and the like. 'n1e prorata share of each u:rr is the
fraction obtained by making "one" the nt.llrerator and the nuzrber of LC1l'S upon
which there is a constructed residence thereon, as the denaninator. '!he
obligation to pay a prorata share shall cc::m:nence as of the day of the
closing of the sale of the first IJ:Jr by DEVEIDPER with a constructed
residence thereon, however, DEVELOPER shall have the right to waive the
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obligation for the first sixty (60) days after closing of the first
residence. DEVEIDPER reserves the righ,t' not to construct a residence on
each LCYl', thereby reducing the nlD'C'ber of wr ~ paying a prorata share.
DEVEI.l)PER (or any successor to DEVEIOPER) shall not be charged a prorata
share for IDI'S until there is a carpleted constructed residence thereon,
except that DEVELOPER agrees that sixty (60) days after the first unit is
sold and closed, if there are not yet four ( 4) IJJTS paying a prorata share,
DEVELOPER shall on a rronth-to-m:mth basis contribute to the ASSOCIATION an
arrount for each vacant u:rr CMned by DEVELOPER equal to one-tenth (1/10) of
the arrount paid by UYr ~RS with constructed residences. DEVELOPER shall
have the right to increase the nurrber of IJJTS by filing an Anendnent to add
all or a portion of adjoining lands to the PROJEX::T AREA.
IO. RFSTRICTION ON TRANSFER OF FRACTIONAL INl'EREST. '!he undivided
fractional interest in the ASSOCIATION, ROCREATION AREA (if any), CXJwM)N
AREA, and the like held by each UYr CMNER shall be transferable only in
connection with the transfer of each such ~'S '!.Dr. N::> leasehold
interest in said REX:REATION AREA (if any), CClM)N AREA and the like may be
acquired separate and apart from a transaction by which a PERSON shall
acquire the entire fee interest in a IOl'. N:) rrore than such fractional
interest may be held wi th respect to the fee ownership of one IJ:Jr. '!he
transfer of a UYr by an inst.ruIrent which fails to make reference to that
IDI" S undivided fractional interest in said area shall be effective to
transfer said undivided interest.
II. EASEMEm'S IN FAVOR OF rm ~. Easements of ingress and egress
are hereby irrpressed over, through and upon the cn+oN ARFAS, REX:REATION
AREA (if any), easerrents, STREETS, walkways and driveways, as laid out fran
time to titre for ingress and egress for pedestrian and vehicular traffic
for use in colllon wi th all nembers, JJ:1r CMNERS, including their tenants,
agents, servants or invi tees. '!his shall also include easements for
navigation in the submerged lands in the PROJEX:T AREA and CANAL EASEMEm'S.
12. RESTRIcrION ON TRANSFER OF IMPROVED IDI'S. In order to maintain a
carmuni ty of congenial residents who are financially responsible and thus
protect the value of IJ:JrS, the transfer of IDI'S by any CMNER other than
DEVEIDPER shall be subject to the following provisions, which provisions
each JJ:tr CMNER covenants to observe:
,-0.14-
A. Transfer Subject to Approval.
( I) Sale or lease. N:> JJ:1r CMNER nay dispose of a rm or any
interest therein by sale or lease without approval of the
ASSOCIATION except to another rnr CMNER.
(2) Gift, Devise or Inheritance. If any JJ:1r CMNER shall acquire
his title by gift, devise or inheritance, the continuance of
his ownership of his LOT shall be subject to the approval of
the ASSOCIATION.
( 3 ) Other Transfers. If any LOT CMNER shall acquire his title by
a manner not heretofore oonsidered in the foregoing
subparagraphs, the continuance of his CMnership of his rnr
shall be subject to the approval of the ASSOCIATION.
B. Approval by ASSOCIATION. 'Ihe approval of the ASSOCIATION
which is required for the transfer of ownership of IDI'S shall be
obtained in the following manner:
(I) N:>tice to ASSOCIATION.
(a) Sale. A JJ:1r CMNER intending to make a bona fide sale of
his LOT or any interest therein shall give the
ASSOCIATION notice of such intention, together wi th the
nane and address of the intended purchaser and such
other information concerning the intended purchaser as
the ASSOCIATION nay reasonably require. SUch notice at
the rnr ~'S option may include a demand by the
inproved u:rr ~ that the ASSOCIATION furnish a
purchaser, if the proposed purchaser is not approved;
and if such demand is made the notice shall be
accarpanied by an executed copy of the proposed contract
to sell.
(b) Lease. A LOT CMNER intending to make a bona fide lease
of his LOT or any interest therein shall gi ve to the
ASSOCIATION notice of such intention, together with the
nane and address of the intended lessee, such other
information ooncerning the intended lessee as the
ASSOCIATION nay reasonably re:JUire, and an executed oopy
of the proposed lease.
-0.15-
(c) Gift, Devise or Inheritance; other Transfers. A r.m
CWNER who has obtained his title by gift, devise or
inher i tance, or by any other manner not heretofore
considered, shall give to the ASSOCIATION notice of the
acquiring of his title together with such information
concerning the IJ:Jr CMNER as the ASSOCIATION my
reasonably require, and a certified copy of the
instrument evidencing OWNER'S title.
(d~ Failure to Give lbtice. If the notice to the
ASSOCIATION herein required is not given, then any titre
after receiving knowledge of a transaction or event
transferring ownership or possession of any r..t::Ir, the
ASSOCIATION at its election and without notice, may
approve or disapprove the transaction or ownership. If
the ASSOCIATION disapproves the transaction or
CMnership, the ASSOCIATION shall proceed as if it had
recei ved the required notice on the date of such
disapproval.
(2) Certificate of Approval.
(a) Sale. If the proposed transaction is a sale, then
wi thin thirty (30) days after receipt of such notice and
information the ASSOCIATION must either approve or
disapprove the proposed transaction. If approved, the
approval shall be stated in a certificate executed by
the President or Secretary in recordable form and shall
be delivered to the purchaser and shall be recorded in
the Public Records of Palm Beach County, Florida, at the
expense of the purchaser.
(b) Lease. If the prOJ?Osed transaction is a lease, ~en
wi thin thirty (30) days after receipt of such notice and
infonnation the ASSOCIATION must either approve or
disapprove the proposed transaction. If approved, the
approval shall be stated in a certificate executed by
the President or Secretary in recoraabl. form, which at
the election of the ASSOCIATION shall be delivered to
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..
~ the l~see or shall be recorded in the Public Records of
Palm Beach County, Florida, at the expense of lessee.
(c) Gift, Devise or Inheritance~ Other Transfers. If the
LOT OWNER giving notice has acquired his title by gift,
devise or inheritance, or in any other nanIler, then
wi thin thirty (30) days after receipt of such notice and
information, the ASSOCIATION nust ei ther awrove or
disapprove the continuance of the u:rr CMNER' S ownerShip
of his i.nproved LOT. If approved, the approval shall be
stated in a certificate executed by the President or
Secretary in recordable form and shall be delivered to
the JJ:1r OWNER and shall be recorded in the Public
Records of Palm Beach County, Florida, at the expense of
the LOT CMNER.
(3 ) ~roval of Corporate or Trust Owner or Purchaser. Inasmuch
as the IOTS in the SUBDIVISION may be used for residential
purposes, and a corporation or trust cannot occupy a IJ:Jr for
such use, if the IJ:Jr OWNER or plI'chaser of a JJ:1r is a
corporation or trust, the approval of ownership by the
corporation or trust may be considered upon requiring that
all persons occupying the LOT be also approved by the
ASSOCIATION.
c. Disapproval by ASSOCIATION. If the ASSOCIATION shall
disapprove a transfer of CMnership of a LOT, the matter shall be
disposed of in the following manner:
(1) Sale. If the proposed transaction is a $ale and if the
notice of sale given by the LOT CMNER shall so demand, then
wi thin thirty (30) days after receipt of such notice and
information, the ASSOCIATION shall deliver or mail by
certified mail to the LOT ONWER an agreement to purchase by a
purchaser approved by the ASSOCIATION who will purchase and
to whan the u:rr CMNER must sell the LOT upon the following
terns:
(a) At the q;>tion of the purchaser to be stated in the
aqreenent, the price to be paid shall be that stated in
-0.17-
the disapproved contract to sell, or shall be the fair
market value determined by arbitration in accordance
with the then existing rules of the ~ican Arbitra~ion
Association, except that the arbitrators shall be two
(2) appraisers appointed by the Am:!rican Arbitration
Association who shall base their determinations upon an
average of their appraisals of the LOT: and a judgment
of specific performance of the sale upon the award
rendered by the arbitrators may be entered in any court
of canpetent jurisdiction. '!he expense of the
arbitration shall be paid by the purchaser.
(b) 'n1e purchase price shall be paid in cash.
(c) The sale shall be closed within thirty (30) days after
the deli very or mailing of said agreerrent to purchase,
or wi thin ten nO) days after the determination of the
sale price if such is by arbitration, whichever is the
later.
(d) A certificate of the ~IATION executed by its
President or Secretary and approving the purchaser shall
be recorded in the Public Records of Palm Beach County,
Florida, at the expense of purchaser.
(e) If the ASSOCIATION shall fail to provide a purchaser
upon the demand of the IDT a\'NER in the manner provided,
or if a purchaser furnished by the ASSOCIATION shall
default in his agreerrent to purchase, then notwithstand-
ing the disapproval, the proposed transaction shall be
deerred to have been approved and the ASSOCIATION shall
furnish a certificate of approval as elsewhere provided
which shall be recorded in the Public Records of Palm
Beach County, Florida, at the expense of the purchaser.
( 2) lease. If the proposed transaction is a lease, the LOT CMNER
shall be advised of the disapproval in writing, and the lease
shall not be made.
(3) Gift~ Devise or Inheritance; Other Transfers. If the wr
CMNER giving notice has acquired his title by gift, devise or
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inher i tance, or in any other manner, then wi thin thirty (30 )
days after receipt from the I.JYr CMNER of the notice and
information required to be furnished, the ASSOCIATION shall
deliver or mail by certified mail to the IDr OWNER an
agreement to purchase by a purchaser approved by the
ASSOCIATION who will purchase and to whan the J.Dr CMNER 11USt
sell the IJ:Jr on the following terms:
(a) The sale price shall be the fair market value determined
by agreerrent between seller and purchaser within thirty
( 30 ) days fran the deli very or nailing of such
agreerrent, and in the absence of such agreement by
arbitration in accordance with the then existing rules
of the American Arbitration Association, except that the
arbi trators shall be two (2) appraisers appointed by the
American Arbitration Association who shall base their
deterrrdnation upon an average of their appraisals of the
u:rr: and a judgrrent of specific performance of the sale
upon the award rendered by the arbi trators uay be
entered in any court of carpetent jurisdiction. '!he
expense of the arbitration shall be paid by the
purchaser .
(b) '!he purchase price shall be paid in cash.
(c) 'n1e sale shall be closed wi thin ten (10) days following
the determination of the sale price.
(d> A certificate of the ASSOCIATION executed by its
President or Secretary and approving the purchaser shall
be recorded in the Public Records of Palm Beach County,
Flor ida, at the expense of purchaser. (e) If the ASSOCIATION shall fail to provide a purchaser as
herein required, or if a purchaser furnished by the
ASSOCIATION shall default in his agreement to purchase,
then notwithstanding the disapproval, such CMnership
shall be deemed to have been approved and the
ASSOCIATION shall furnish a certificate of approval as
elsewhere provided, which shall be recorded in the
-0.19-
Public Records of Palm Beach County, Florida, at the
expense of the lDI' CMNER. .
.
D. l-Drtgage. N:> rm CMNER may rrortgage his lDI' or any interest
"
therein without the approval of the ASSOCIATION,
except to an
.
INSTITtJI'IONAL LENDER (or a person deemed to be an INSTI'lUI'IONAL LENDER)
as defined herein. '!he approval or any other rrortgagee may be upon
condi tions determined by both the ASSOCIATION and the IJ:Jr CMNER, or may
be arbitrarily withheld.
E. Exceptions.
(I) 'n1e foregoing provisions of this Paragraph 12 shall not apply
to a transfer to an DSTITtJrIONAL lENDER (including a person
deemed to be an INSTI'lUI'IONAL rENDER), which acquired its
ti tIe as the result of. CMning a nortgage upon the rm
concerned. 'n1is shall be so whether the title is acquired by
deed from the rrortgagor or through foreclosure proceedings;
nor shall such provisions apply to a transfer, sale or lease
by such ImTITl1I'IONAL LENDER (or a person deerred to be an
INSTITl1I'IONAL LENDER) which so acquires its title. Neither
shall such provisions require the approval of a purchaser who
acquires the title to a rm at a dUly-advertised public sale
wi th open bidding which is provided by law, such as but not
limi ted to execution of sale, foreclosure sale, judicial sale
or tax sale.
( 2) '!he foregoing provisions of this Paragraph 12 shall be
inapplicable to the DE.VEIDPER.
'nle said OE.VEU)PER is
irrevocably E!!I'll.JOWered to sell, lease, rent and/or rrortgage
IDTS, parcels or uni ts, and portions thereof, to any
purchaser, lessee or rrortgagee approved by it, and the
DEVELOPER shall have the right to transact any business
necessary to consUITl'l'ate sales or rentals of IDTS, or portions
thereof, including but not lirni ted to the right to maintain
nodels, have signs, use the roroN AREAS, use the REX::REATION
AREA (if any), parking area, use of PARKIN:; SPlCES, to show
units, etc.
'nle sales office(s), signs and all itens
pertaining to sales shall not be considered subject to those
-0.20-
restr ictions and shall remain th.e property of the DEVElOPER.
(3) It is intended that at sane future date DEVEU>PER shall
cause all areas in the SUBDIvISION which it owns after sale
of all Im'S to be qui t-claimed to ASSOCIATION.
F. Unauthor i zed Transactions. Any sale, nortgage or lease which
is not authorized pursuant to the terms of this Declaration shall be
void unless subsequently approved by the ASSOCIATION.
13. ARCHITEX:.'TlJRAL OONI'ROL. For the plrpOSe of insuring the
developnent of the SUBDIVISION as an area of high standards, there is
hereby reserved to the ASSOCIATION the right and pc:7trIer to control the type,
kind and character of the buildings, walls, fences or other structure
(called "structure") to be placed upon the SUBDIVISION. The CMNER or
occupancy of each I.Dr, by acceptance of title thereto, shall not perrni t a
structure of any kind to be placed, erected or altered thereon unless and
until the plot plans and plans and specifications thereof have been
submi tted to and approved by the OOARD before any construction is begun.
The OOARD shall have the pc:7trIer, and it shall be the duty thereof, to
approve or disapprove the plot plans and plans and specifications of any
structure to be erected or structurally altered.within the SUBDIVISION. In
the exercise of its power and the performance of its duties, the OOARD
shall give due consideration to the characteristics of the SUBDIVISION as a
residential catmuni ty and the abili ty of any proposed structures to
harrronize with that concept. '!he OOARD shall be permitted to errploy
aesthetic values in making its determination. lhthing contained in this
paragraph shall be applicable to the DEVEI.DPER.
14. ENFORCEl-1ENr. This Oeclaraton of Restrictions and the restrictions
and requirerrents contained herein may be enforced by an action at law or in
equity by any JJ:1r CMNER.
15. INVALIDITY ClAUSE. Invalidation of anyone of these covenants by
a court of canpetent jurisdiction shall in no way affect any of the other
covenants, which shall remain in full force and effect.
16 . ASSOCIATION TO AOOPl' RULES AND REX;UIATIONS. The ASSOCIATION shall
have the power, through its OOARD, to adopt reasonable rules and regula-
tionl relpecting the use ana enjoyment of any CCH()N AREA, PAlU<m3 SPACES,
REX:REATION AREA, CANAL EASEMENTS, including but not limited to (a) use of
-0.21-
such lands for recreation purposes, (b) the control of traffic in the
SUBDIVISION, (c) leases of less than six (6) rronths duration, and (d)
children under the age of twelve (12) years,. and pets, provided that no
regulation of children shall apply to any IDT a<mER that purchased fran
DEVELOPER and no regulation regarding pets or boats shall require a
specific ~'S pet or boat to be forbidden once th~t specific pet or boat
is previously allowed (except if there was a specific condition to the
allowance of a pet or boat).
17. ASSIGNED PARKIl'li SPACES. '!be 1m CMNER that owns a particular
PARKIN:; SPACE shall have the exclusive right to use of any paved PARKIN:;
SPACES located wi thin his or her IJ:Jr. Assignrrent of a C<Alllun PARKIN:; SPACE
for exclusive use of a IDI' ~ or designation of said spaces for guest
parking shall be at the discretion of the OOARD, fran tirre to time.
Overnight on-street parking is prohibited by the City of Boynton Beach,
Florida, and hereby.
18. AMENDMENI'. DE.VEI.DPER retains the right to alter, amend, rrodify or
waive any portion of this Declaration of Restrictions, provided, that the
sane shall not cause the prorata share of any iOOi vidual IJ:Jr CMNER to be
1.
.
disproportionate or prevent access to (a) ROCREATION AREA (if designated
and constructed), (b) PARKIN:; SPACE, (c) a:MDN AREA, (d) CANAL EASEMENl',
or (e) STREET required for. access: provided, however, that no amend1rent
shall prejudice the rights of an INSTI'IUI'IONAL LENDER having a llOrtgage
lien upon a IDT in the SUBDIVISION. 'Ibis right of DEVEIDPER shall not be
lost of limited until December 31, 19___.
19.
ME}.1BERS .
As REX:REATION ARE1\(S) (if any) are developed and
designated as provided herein, the Satre shall be operated by ASSOCIATION,
and the DEVEWPER shall cause the ASSOCIATION to be the CMner of the
RECREATION AREA within five (5) years of its construction. ASSOCIATION
shall bear the cost of operation, taxes, maintenance, insurance, repairs,
etc., the sane as a cn+oN AREA with each IDT O\'NER paying their prorata
share as a mandatory obligation. After DEVEIDPER shall cease to be a Class
B Member, the right to designate, alter or m:xUfy REX:REATION AREA(S) and to
construct or demolish recreation facilities may be exercised by ASSOCIATION
with the sarre power and authority originally vested in lEVELOPER.
-0.22-
20. DAMAGE 'IO PROPERTY. Any individual IJYr 0iNER which damages any
portion of the SUBDIVISION which is to be maintained by the ~SOCIATION or
another It:1r CMNER, through negligence or intentional wrongdoing, may be
charged all or a portion of the expense of repairing said damage.
21. AMENDMENT. DEVEIDPER retains the right to alter, amend, rrodify or
wai ve any portion of this Declaration of Restrictions, provided that the
Sa.Il'e shall not cause the prorata share of any individual u:rr ~ to be
disproportionate or prevent access to (a) his IJYr, (b) PARKIN::; SPACE, (c)
<nM)N AREA, (d> easerrent, (e) ROCRFATION AREA (if any shall be designated
or constructed), or (f) STREET required for access; provided, however, that
no arrendrrent shall prejudice the rights of an INSTI'lUl'IONAL rENDER having a
rrortgage lien upon a r.m in the SUBDIVISION. This right of DEVELoPER shall
not be lost or limited until December 31, 1992.
22. 'llIE FOREroIN:; covenants, restrictions, reservations and servitudes
shall be considered and construed as covenants, restrictions reservations
and servi tudes running with the land and the sane shall bind all persons
clai~ng ownership or use of any LOT until the 31st day of December, 2026,
after which time they shall be autanatica1ly extended for successive
periods of ten (10) years. Until DecentJer 31, 1992, this Declaration may
be amended by DEVEI.DPER without the consent or approval of JJ:1r CMNERS or by
an inst.rurrent signed by not less than seventy-five <75%) of the JJ:1r ~
and thereafter by an instrument signed by not less than fifty percent (50%)
of the IJ:Jr ~, excepting that so long as the DEVEIDPER is a Class B
Member of the ASSOCIATION as provided for herein, no amendnent shall be
made unless the DE..VEI.DPER consents thereto in writing. 1my amendnent must
be recorded to be effective.
23. T.V. ANTENNA. l-b antenna and/or aerial shall be installed without
the consent of ASSOCIATION. A cable T.V. or nester antenna arrangerrent
made by DE.VElOPER shall be acknowledged, honored and accepted by
ASSOCIATION and IJ:Jr ~, provided that no individual r.m CMNER shall be
charged for same wi thout his consent.
24. AMENDMENT IIDJUIRFS K>R'roAGEE' S CX>NSENl'. 'ltais Declaration of
Restrictions may not be amended by the ASSOCIATION without the consent of
the m!ljori ty of INSTI'M'IONAL ~ (excluding lEVEIDPER) holding a
purchase roney first ITDrtgage upon a rnr in the SUBOMSION. Amendrrents by
-0.23-
DEVELOPER shall require only the consent of nortgagees that are holding
mortgages given to them by DEVELOPER.
25. COVENANTS IN FAVOR OF INSTITUTIONAL LENDER. In order to induce
INSTITUI'IONAL LENDERS, as herein defined, to make individual rrortgage loans
on wrs in the SUBDIVISION, the ASSOCIATION'S right to inpress a lien upon
a UYr (as provided hereinabove), the title to which has been acquired by an
INSTITlJI'IONAL LENDER as a result of foreclosure or deed in lieu of foreclo-
sure, shall be abated so long as said INSTITlJI'IONAL IENOER retains said
ti tIe, and likewise, during the time an INSTITUTIONAL IENOER retains said
ti tIe the ASSOCIATION shall be under no obligation to perform any of the
duties or obligations required of it as provided herein~ however, said
INSTITUI'IONAL LENDER may elect to require the ASSOCIATION to perform said
duties by agreeing to pay its prorata share of the oost of same for the
period that it retains title. Upon disposal in any manner of a IJ:Jr
acquired by an INSTITln'IONAL LENDER by foreclosure or deed in lieu of
foreclosures, or when such tor is under lease, the ASSOCIATION'S right to
make assessments against such tor and its right to inpress a lien thereon
shall be fUlly restored, (except that no such assessment or lien shall be
for the purpose of defraying the cost of any lIlOrk or services undertaken by
the ASSOCIATION during the period of titre prior to the time title to said
UYr was held by an INSTITUTIONAL IENDER), and the ASSOCIAT~ON' S duties and
obligations with respect to said u:rr shall be restored.
26. MAN1\GEMENr. OOVEIDPER (or a party designated by DBVEIDPER) shall
have the right to enter into a M:magement Agreement with ASSOCIATION
wherein DEVEI.OPER(or a party designated by DEVEWPER) manages the affairs
of ASSOCIATION for a fee equal to ten percent (IO' ) of the total
assessrrents of ASSOCIATION for so long as DEVEUJPER is a Class B Member of
ASSOCIATION. 'Ihe avNER of each IlYr wi th a residence constructed thereon is
hereby made liable to pay said fee to DEVEU>PER or DEVE!.DPER' S designee.
Said fees shall be paid by JJ:1r CWNERS as a part of "prorata share"
assessments and collections of sam: shall include the right to assert a
lien and collect interest as stated herein.
27. PETS. Under no circumstances shall tenants keep pets at the
premises. Permission may be granted to CHreRS . to keep their pets at the
premises fran tine to tiIre in the discretion of the ASSOCIATION, or amERS
-0.24-
nay be denied the right to keep pets at the premises fran time to time.
The ASSOCIATION, as part of its rules and regulations, may impose further
limitations on the walking and noise of pets, if permdssion is granted to
an OONER. Nuisances and unhygienic pet activities are prohibited. CMNERS
that are granted the right to keep pets may be required by DE.VEIDPER or
ASSOCIATION to execute a Pet Permission Agreement, which includes
conditions to their keeping pets.
28.
MANAGEMEm' AGREEMENT.
'!he DEVEIDPER, in the nane of the
ASSOCIATION, II\3.y (but shall not necessarily shall> cause to be executed a
Managenent Agreerrent with a corporation with which it is affiliated, or a
designee of tEVEIDPER. By acceptance of a deed to a IDr, each JJ:1r CMNER
confinns and ratifies the t.enrs and conditions of any such Management
Agreerrent executed and recorded prior to said deed. Provided, however,
in no event shall such agreerre.nt provide for an annual fee which exceeds
seven percent (7% ) of the regular assessments of the ASSOCIATION
(annually>l and in any event said agreerrent shall be cancellable by the
ASSOCIATION upon ninety (90) days written notice at any time.
29.
BOAT IX:X::KN;E.
If DEVEIDPER shall construct a boat dockage
faicli ty and/or boat slips, said facilities shall be subject to the
operation and crontrol of the ASSOCIATION. The ASSOCIATION may make boat
dockage avialable to IJ:Jr CMNERS on a "first ccme, first serve" basis and
any such usage shall be condi tional upon the following:
A. No overnight dockage of boats by non-IDl' ~.
B.. No boat repairs, other than day-to-day ma~ntenance.
C. No discharge of "head" or other sanitation devices at the
premises.
D. All boat owners shall adhere to any present of future marine
regulations (including related to oil, gas or other illegal discharge).
E. The ASSOCIATION may charge the "users" of the boat dockage
facilities (called "IX:X:K UsERS") a reasonable fee for use of said
dockage and/or boat slips. OCCK USERS shall execute formal written
agreerrents with ASSOCIATION and they shall be deemed tenants of the
ASSOCIATION, who accept the premises "as is". '!he ASSOCIATION shall
have th. lame rights in attempting collection of delinquent ~ USERS'
fees as in collecting assessments such as charging collection costs,
-0.25-
attorneys' fees, interest, lien rights, etc.
F. Proof of adequate insurance may be required fran IXX:K USERS.
G. The ASSOCIATION may allow occasional use to one-day users of
dock space, in its discretion.
H. Fees to rxx::K USERS shall be established at the discretion of
the ASSOCIATION, but with the intention that the fees collected shall
,,/
./ at least pay the cost ofmaintenance and repair of dockage area, so that
CMNERS that do not use the dockage area shall not be assessed for same,
unless the fees fran IXX:K lEERS is insufficient. lbthing contained
herein shall prevent the ASSOCIATION from establishing fees which are
comparable to sirrdlar oammercial facilities and r~lizing a profit to
be applied toward ASSOCIATION expenses.
Fees can be on a weekly,
nonthly, quarterly or yearly basis, at the discretion of the
ASSOCIATION and may be based on a flat charge per boat or based on the
size of boats., Rates shall be fixed without price discrimination
between rx:x::K U3ERS.
I. If the liSSOCIATION shall set aside boat dockage facilities
for c.'-'llIun use of all IJ:Jr MmRS, then as to those particular
facilities or slips, they shall be subject to the control, direction
and operation of ASSOCIATION and all costs shall be paid by the u:rr
CMNERS in their prorata share, as hereinafter set forth.
J. After the initial boat dockage inproverrents are provided by
DEVELOPER, funds necessary for dredging and for capital irrprovements
relating htereto and for reserves for maintaining, repairing or
inproving the dockage faciliteis and adjoining seawalls (if any), etc.,
may be levied by the ASSOCIATION as special assessments against rxx:K
USERS, may be included in DCX:K lEER fees or may be assessed against IJ:1r
~ as special asessrrents, at the discretion of the ASSOCIATION from
time to time.
K. 'n1e availability of dock slips on a "first come, first serve"
basis shall not preclude the liSSOCIAXION from giving priority to IJ:1r
CMNERS in residence at the SUBDIVISION over tenants occupying a unit.
Subleasing of dock space is prohibited. 'llle ASSOCIATION may prohibit
dock usage by r.m CMNERS not occupyinq a un! t in the SUBDIVISION.
L. '!be ASSOCIATION may adopt rules and regulations regarding the
dockage facilities and the use thereof.
-0.26-
27.
PETS.
Under no circumstances shall tenants keep pets at the
premises. Permission may be granted to CMNERS to keep their pets at the
premises fran time to tiIre in the discretion of the ASSOCIATION, or CMNERS
,
nay be denied the right to keep pets at the premises fran time to time.
The ASSOCIATION, as part of its rules and regulations, may impose further
limitations on the walking and noise of pets, if permission is granted to
an OONER. Nuisances and unhygienic pet activities are prohibited. CMNERS
that are granted the right to keep pets may be required by DEVEIDPER OJ;'
ASSOCIATION to execute a Pet Permission ~reement, which includes
condi tions to their keeping pets.
28.
MAmGEMENl' AGREEMEm'.
'!he DEVEIDPER, in the name of the
ASSOCIATION, may (but shall not necessarily shall> cause to be executed a
Managerrent Agreement with a corporation with which it is affiliated, or a
designee of DEVEIDPER. By acceptance of a deed to a r.ar, each r.ar CMNER
confirms and ratifies the terms and conditions of any such Management
Agreerrent executed and recorded prior to said deed. Provided, however,
in no event shall such agreement provide for an annual fee which exceeds
seven percent (7% ) of the regular assessments of the ASSOCIATION
(annually)l and in any event said agreement shall be cancellable by the
ASSOCIATION upon ninety (90) days written notice at any tirne.
29.
BOAT OCCKAGE.
If DEVEIDPER shall construct a boat dockage
facility and/or boat slips, said facilities shall be subject to the
operation and control of the ASSOCIATION. '!he ASSOCIATION may make boat
dockage available to I.I:1r CMNERS on a "first cane, first serve" basis and
any such usage shall be conditional upon the following:
A. No overnight dockage of boats by non-LCYl' CMNERS.
B. No boat repairs, other than day-to-day maintenance.
C. No discharge of "head" or other sanitation devices at the
premises.
D. All boat owners shall adhere to any present of future marine
regulations (including thos related to oil, gas or other illegal
discharge) .
E. '!he ASSOCIATION may charge the "users" of the boat dockage
facilities (called "IXX::K USERS") a reasonable fee for use of said
,
dockage and/or boat slips. IttK ~ERS shall execut.e formal writ.t.en
-0.27-
agreements wi th ASSOCIATION and they shall be deerred tenants of the
ASSOCIATION, who accept the premises "as is". '!he ASSOCIATION shall
have the sam: rights in attenpting collection of delinquent IXCK USERS'
fees as in collecting assessments such as charging collection costs,
attorneys' fees, interest, lien rights, etc.
F. Proof of adequate insurance may be required fran J:XX:K USERS.
G. '!he ASSOCIATION may allow occasional use to one~y users of
dock space, in its discretion.
H. Fees to Ixx::K USERS shall be established at the discretion of
the ASSOCIATION, but with the intention that the fees collected shall
at least pay the cost of maintenance and repair of dockage area, so
that CMNERS that do not use the dockage area shall not be assessed for
same, unless the fees fran IXCK USERS is insufficient. N:lthing
contained herein shall prevent the ASSOCIATION from establishing fees
which are carparable to similar ccmnercial facilities and realizing a
profit to be applied toward ASSOCIATION expenses. Fees can be on a
weekly, rronthly, quarterly or yearly basis, at the discretion of the
ASSOCIATION and may be based on a flat charge per boat or based on the
size of boats. Rates shall be fixed without price discrimination
between IXX::K USERS.
I. If the ASSCCIATION shall set aside boat dockage facilities
for carmon use of all IJ:Jr ~, then as to those particular
facilities or slips, they shall be subject to the control, direction
and operation of ASSOCIATION and all costs shall be paid by the wr
OONERS in their prorata share, as hereinafter set forth.
J. After the initial boat dockage i.Irproverrents are provided by
OE.VELOPER, funds necessary for dredging and for capital inproverrents
relating thereto and for reserves for maintaining, repairing or
iIIq:>roving the dockage facilities and adjoining seawalls (if any), etc.,
nay be levied by the ASSOCIATION as special assessnents against DXK
USERS, may be included in DXK USER fees or may be assessed against IJ:1r
~ as special assessments, at the discretion of the ASSOCIATION
from time to time.
K. The availability of dock slips on a "first ccme, first serve"
basis shall not preclude the ASSOCIATION fran giving priority to IDr
-0.28-
~ in residence at the SUBDIVISION over tenants occupying a unit.
Subleasing of dock space is prohibited. The ASSOCIATION may prohibit
dock usage by I.J:1r CMNERS not occupying a unit in the SUBDIVISION.
L. The ASSOCIATION may adopt rules and regulations regarding the
dockage facilities and the use thereof.
30.
ca.tPLETION .
It is conterplated by DE.VEIDPER that upon the
corrpletion of the project there shall be
residential
townhouse-type units on the
I.Dl'S. I:.'€VEIDPER reserves the right to
build the buildings in phases and in any order or sequence or to increase
or decrease the nurrber of units. IEVEIDPER further reserves the right to
rrodify the site, nurrber and construction design as to unbui1t units, fran
time to time and to delete and rem:Ne unbui1t units fran the effect of this
..
Declaration of Restrictions so that DEVELOPER reserves the right to replat
or to declare these deed restrictions null and void as to any IJ::1r or
contiguous group of IDI'S upon which IEVEIDPER has not o:mrenced
construction. Such "declaration of termination- shall be recorded in the
Public Records of Palm Beach COunty, Florida.
31. FILLED LAND. IEVEIDPER hereby discloses that there appears to be
an area of land adjoining to the east of the PRQJa::T AREA which is or
formerly was subnerged land and which may have been partially filled by a
pr ior CMner of the land.
I:.'€VEIDPER cannot and does not guarantee or
warrant the ti tle to said filled land since CMnership thereof may be
subject to claims of the public for recreation purposes and may be further
subject to claims of various governmental agencies regarding navigable
water and submerged land <including claims of the State of Florida or
United States of hnerica).
In the event IEVEIDPER shall utilize said
filled land as a part of the CXM-ON AREA or REX:REATION AREA (if any), any
such use shall be subject to any valid claim described herein, if there is
any. USe of said filled land and any riparian rights or littoral rights of
the adjoining waterways, canals or lakes may be utilized by IJ::1r ~, but
subject to the rights of the public and/or goverrmental agencies and
subject to the control'; and regulation of the ASSOCIATION.
-0.29-
IN WITNESS WHEROOF, FIRST OXFORD DevEIDPMEm' CORP. , a Florida
corporation, has caused this instrurrent to be executed this
day of
, 1985.
FIRST OXFORD DEVEIDPMENl' a:>RP.
By:
Attest:
((DUl()RATE SEAL)
STATE OF FIDRIDA )
CXXJNtY OF PAlM BEACH )
I HEREBY CERTIFY that before lie, a R:>tary Public duly authorized in the
foregoing County and State to administer oaths and take acknowledgments ,
personally appeared and ,
as and respectively of FIRST oxroRD
DE\7EIDPMENI' CORP., a Florida corporation, to me known to be said officers
of said corporation, and they acknowledged before me that they executed the
foregoing inst.rtIrrent as such officers of said corporation, by authority
vested in thern by said corporation, as the corporation's true act and deed
and for the purposes therein expressed.
WITNESS uri hand and official seal in the County and State last
aforesaid this day of , 1985.
!btary Public, State of Flor ida
My ccmnission expires:
-0.30-
/
,-
,-~
.#
THE BY-LAWS OF
MARINER'S WAY ASSOCtATION', INC.
- a nonprofit corporation -
!..."
The operation of the property
Declaration of Restrictions to which
shall be governed by these By-Laws.
described and named in the
these By-Laws are attached
ARTICLE I. DEFINITIONS
The terms used in these By-Laws, as well as the Declarat~on of
Restrictions and all amendments and items pertinent thereto, shall
have the meanings stated in the Declaration of Restrictions unless
the context ot~erwise requires:
l.l ASSOCIATION means MARINER'S WAY ASSOCIATION, INC., a
Florida corporation not-for-profit, its successors or assigns.
1.2 BOARD means the Board of Directors of the ASSOCIATION.
1.3 DEVELOPER means FIRST OXFORD DEVELOPMENT CORP., a Flor ida
corporation, its successors or assigns.
1.4 LOT means a lot as shown in the recorded Declaration of
Restrictions of MARINER'S WAY, to which Declaration of Restrictions
these By-Laws are attached. Further, these By-Laws are subject to
the terms and conditions of said Declaration of Restrictions.
1.5 BY-LAWS means the By-Laws of the ASSOCIATION as they exist
from time to time.
1.6 COMMON AREA; RECREATION AREA, PARKING SPACE, CANAL
EASEMENT, STREET, OWNER and LOT OWNER shall each have the meaning
given in the Declaration of Restrictions.
I.? COMMON EXPENSES include:
(a) Expenses of administration; expenses of maintenance,
operation, repair, or replacement of the COMMON AREA,
PARKING SPACES, STREETS, RECREATION AREA (if any),
easement, and the portions of the LOTS to be
maintained by the ASSOCIATION.
(b) Expenses to be shared as common expenses by provisions
ot the Declaration of Restriction., or the By-Laws or
-1-
"
Articles of the ASSOCIATION~
(c) Any valid charge against the ASSOCIATION or the
property administered by the ASSOCIATION as a whole.
(d) Expenses of administration, maintenance, assessments,
maintenance contract, charges, operation, repair or
replacement and taxes and insurance in conjunction
with the operations provided for in the Declaration of
Restrictions, or in any Plat of MARINER'S WAY.
1.8 COMMON SURPLUS means the excess of all receipts of the
ASSOCIATION, over the amount of COMMON EXPENSES.
1.9 OCCUPANT means the person or persons, other than the LOT
OWNER, in possession of a LOT.
1.10
Whenver the context so permits, the use of plural shall
include the singular, the singular shall include the plural, and the
use of any gender shall be deemed to include all genders.
ARTICLE II. ASSOCIATION MEMBERSHIP-MEETINGS
2.1
Members and Voting Rights.
Each
LOT OWNER shall
automatically become a member of the ASSOCIATION upon acquiring
record title to any LOT.
In addition, the DEVELOPER or any
successor to DEVELOPER 'S title as record owner of a LOT or LOTS
shall be deemed to own that number of memberships which is equal to
the number of LOTS owned by it.
Said membership shall be
appurtenant to and may not be separated from ownership of any LOT.
When more than one person holds an interest in any LOT, all such
persons shall be members, however, there shall be only one vote for
each LOT, said vote to be exercised as they among themselves
.
determine, as evidenced by a certificate signed by all the record
owners designating which member shall be entitled to vote for said
LOT.
In the event such certificate is not on file with the
ASSOCIATION, no vote for said LOT shall be cast.
Anything to the
contrary notwithstanding, any LOT owned jointly by husband and wife
may exercise the vote without a certificate so long as the
ASSOCIATION has not been advised by either spouse to the'contrary.
Membership in the ASSOCIATION shall be subject to the lame right.
-2-
and obligations as herein set forth:
(a) Class A. Class A Members shall.consist of all the members
declared to be members, as herinabove provided, excepting
the DEVELOPER.
(b) Class B.
The Class B Member shall be the DEVELOPER, its
successors or assigns. So long as there shall be a Class B
Member, said member shall have the exclusive power to
select the directors, which directors shall exercise all
the powers . of the ASSOCIATION.
The Class B membership
shall cease and all powers and duties of the ASSOCIATION
shall be exercised by the Class A Members upon the
happening of ei ther of the following events, whichever
first occurs:
Ci) December 31, 1992, or
(ii) Upon filing in the Public Records of Palm Beach
County, Florida, of a resignation of the Class B Member
from membership.
(iii) One hundred eighty (180) days after completion of
construction and sale of all residential units which may be
constructed on the Project Area defined in the Declaration
of Restrictions in accordance with maximum zoning and use
densities.
2.2 Transfer of Membership. Membership in the ASSOCIATION may
be transferred only as an incident to the transfer of title to a LOT
as and in the manner set forth in the Declaration of Restrictions.
2.3 Annual Meeting. The annual meeting of the members shall be
held on the first Monday of the month of February of each year, at
2: 00 P. M., at such location in Palm Beach County, Flor ida as the
President or a majority of the BOARD shall specify in writing to the
members. Should the date for such annual meeting fall on a hOliday,
the meeting shall be held on the next succeeding business day.
Provided, however, that DEVELOPER shall control the affairs of the
ASSOCIATION for the period that is set forth in the Declaration of
Restrictions and Paragraph 2.1 above and no meeting shall be
required during that period.
2.4 Special Meetings. A special meeting of the members may be
called at any time by the President or by a majority of the BOARD
and shall be held at such place as is designated by the President or
-3-
a majority of the BOARD and stated in a 'written notice. No special
meeting shall be called unless the Secretary of the ASSOCIATION
shall have mailed to or served upon all of the members a written
notice of the said meeting at least five (5) days prior to the date
of said meeting.
A special meeting shall also be called by the
President upon written demand of a majority of the members, and in
~
the event such demand is made, then and in that event, the President
shall direct the Secretary to mail to or serve upon all of the
members with written notice of said meeting at least five (5) days
prior to the date of the meeting. All notices shall be mailed to or
served at the address of the member as it appears on the records of
the ASSOCIATION.
2.5 Voting. Voting shall be by secret ballot. At any meeting
of members, each member shall be entitled to one vote, in person or
by proxy, for each LOT owned by him.
All proxies shall be in
writing and shall be filed with the Secretary prior to the meeting
at which the same are to be used. A notice of said proxy shall be
made in the minutes of the meeting. No member who is then more than
thirty (30) days delinquent in the payment of his assessments shall
be entitled to vote at any regular or special meeting of the
members.
2.6 Quorum.
A quorum for the transaction of business at the
annual or any special meeting shall consist of a majority of the
members represented ei ther in person or by proxy 1 but the members
present at any meeting, although less than a quorum, may adjourn the
meeting to a future date.
The vote of a ma jor i ty of the members
shall decide any question unless the By-Laws or Declaration of
Restrictions provide otherwise, in which event the votes required in
the By-Laws or the Declaration of Restrictions shall control.
2.7 Waiver. The foregoing requirements as to meetings are not
to be construed, however, to prevent members from waiving notice of
meeting or from acting by written agreement without meetings
provided that such waivers or written agreement is executed by all
of the members.
-4-
ARTICLE III. OFFICERS - BOARD OF DIRECTORS
3.1 First BOARD. The first BOARD shall serve until the first
annual meeting of the members of the ASSOCIATION, or until their
successors shall have been elected and qualified. The first Board
of Directors are:
PRESIDENT , DIRECTOR: C. WENDALL COLLINS
VICE PRESIDENT & DIRECTOR:
SECRETARY/TREASURER , DIRECTOR:
3.2 Election and Term of Office. Commencing with, and at the
first annual meeting of the members to be held after DEVELOPER
relinquishes control by resigning as a Class B Member or December
31, 1992 (whichever is first), and at such annual meetings
thereafter, the members shall elect by plurality vote five (5)
persons as directors who shall constitute the BOARD of the
ASSOCIATION, and who shall hold office for a term of one (I) year or
until their successors shall have been qualified and elected. Each
member shall be entitled to one vote for each LOT owned by him for
each office to be filled.
3.3 Election of Officers. Commencing with, and at the first
annual meeting of the members, as heretofore described, and at each
annual meeting thereafter, the BOARD shall elect by plurality votes
three (3) officers, to-wit: one President, one Vice President, and
one Secretary/Treasurer out of its membership on the BOARD who shall
likewise hold office for a term of one (1) year or until their
successors shall have been qualified and elected.
3.4 General Statement of Powers. The property, business, and
affairs of the ASSOCIATION shall be managed by the BOARD.
3.5 Title of Officers. Officers of the ASSOCIATION are: a
President, a Vice President, and a Secretary/Treasurer. The BOARD
may, from time to time, elect an Assistant Vice Pres ident and an
Assistant Secretary/Treasurer who shall serve at the will of the
BOARD, but who shall not be deemed members of the BO~RD.
3.6 QuaIl fication of Officers. Until the election to be held
when the DEVELOPER relinqui.hes control of the ASSOCIATION, an
officer need not be a LOT OWNER: thereafter at least two (2) of the
-5-
officers and two-thirds (2/3) of the members of the BOARD shall be
members. No member shall be eligible for .lection as an officer or
director if he is more than thirty (30) days delinquent in the
payment of his assessment. Commencing with the officers elected at
the meeting of members to be held after DEVELOPER relinquishes
control of the ASSOCIATION, a transfer of ti tle of his LOT by an
officer who is a LOT OWNER shall automatically operate as his
resignation as an officer and as a member of the BOARD.
3.7 Removal and Vacancies. After the first election, an
officer or director may be removed from office upon the affirmative
vote of three-fourths (3/4) of the members for any reason deemed by
the members to be detrimental to the best interest of the
ASSOCIATION. In the event of any removal, resignation or vacancy in
any of the offices, the remaining members of the BOARD shall elect a
person to serve as a successor to 'the removed, resigned or vacated
office, who shall hold office for the balance of the unexpired term
and shall succeed to a membership in the BOARD for the same term.
The election held for the purpose of filling said vacancy may br
held at any regular or special meeting of the BOARD.
3.8 Annual Meetings. The annual meeting of the BOARD shall be
held at such place in Palm Beach County, Florida, as may be agreed
upon by the BOARD immediately following the adjournment of the
annual meeting of the members. The BOARD may establish a schedule
of regular meetings to be held at such place as the BOARD may
designate, in which event no notice shall be required to be sent to
the said BOARD of said regular meetings once said schedule has been
adopted.
3.9 Special Meetings. Special meetings of the BOARD may be
called by the President, and in his absence, by the Vice President,
or by a majority of the members of the BOARD by giving five (5) days
notice, in writing, to all of the members of the BOARD of the time
and place of said meeting, said notice to be mailed to or personally
served on each member of the BOARD by the Secretary of the
ASSOCIATION. By unanimous conSG'nt of the BOARD, a special meetin9
of the BOARD may be held without notice at any time or place.
-6-
3.10 Quorum. A quorum for the transaction of business at any
regular meeting of the BOARD shall consist of a majority of the
members of the BOARD; but a majority of those present at any annual,
regular or special meeting shall have .the power to adjourn the
meeting to a future time, provided that wr i tten notice of the new
time, date, and place shall be mailed to, or personally served, on
each member of the BOARD by the Secretary of the ASSOCIATION at
least three (3) days prior to the time fixed for said meeting.
3.ll
Compensation.
The officers and/or directors of this
ASSOCIATION shall serve without compensation.
ARTICLE IV. OFFICERS - POWERS AND DOTIES
4.1 The President. He shall be the chief executive officer of
the ASSOCIATION. He shall preside at all meetings of the members and
of the BOARD.
He shall have executive powers and general
supervision over the affairs of the ASSOCIATION and other officers.
He shall si.gn all written contracts of the ASSOCIATION and shall
perform and have the necessary powers to perform all of the duties
incident to his office and that may be delegated to him from time to
time by the BOARD.
4.2 The Vice president. He shall perform all the duties of the
President in his absence and such other duties as may be required of
him from time to time by the BOARD.
4.3 The Secretary/Treasurer.
(a) He shall issue notices of all BOARD meetings and all
meetings of the members; he shall attend and keep the
minutes of same; he shall have charge of all of the
ASSOCIATION'S books, records, and papers.
(b) He shall have the custody of the ASSOCIATION'S funds
and securities and shall keep full and accurate
accounts of receipts and disbursements in books
..
belonging to the ASSOCIATION and shall deposi tall
moneys and other valuable effects in the name and to
the credit of the ASSOCIATION in such depositories as
may b. designated from time to time by the BOARD.
-7-
(c) He shall disburse the funds of the ASSOCIATION from
the checking account, with all checks countersigned by
the President, as may be ordered by the BOARD in
accordance with these By-Laws, making proper vouchers
for such disbursements, and \ shall render to the
President and BOARD at the regular meeting of the
BOARD, or whenever they may require it, an account of
all of his transactions as Treasurer and of the
financial condition of the ASSOCIATION.
(d) He shall collect the assessments and shall promptly
report the status of collections and of all,
delinquencies to the BOARD.
ARTICLE V. POWERS OF THE ASSOCIATION
The ASSOCIATION, acting through the BOARD, shall have the
following powers:
5.1 Declaration. All of the powers specifically set forth in
the Declaration of Restrictions and all of the powers incidental
thereto.
5.2 By-Laws. All of the powers specifically set forth in these
By-Laws and all powers incidental thereto.
5.3 Articles of Incorporation. All of the powers specifically
set forth in the Articles of Incorporation and all powers incidental
thereto.
5.4 Miscellaneous Powers.
(a) To use and expend the assessments collected to Qarry
out the purposes and powers of the ASSOCIATION.
(b) To employ attorneys, accountants, and other
professional services as the need arises.
(c) To employ workmen, janitors, gardeners, and such other
agents and employees to carry out the powers of .the
ASSOCIATION, and to purchase supplies and equipment
therefor.
(d) To enter into such agreements and contracts as may be
nlclslary to make available the facilities of the
-8-
ASSOCIATION.
(e) To own anq/or operate and/or control the COMMON AREA,
PARKING SPACES, parking areas, CANAL EASEMENT,
STREETS, etc., to the extent described pursuant to the
Declaration of Restrictions.
ARTICLE VI. FINANCE AND ASSESSMENTS
6.1 Depository. Funds of this ASSOCIATION shall be deposited
in such bank or banks as the BOARD may from time to time direct, in
an account for the ASSOCIATION under resolutions approved by the
BO~RO, and shall be withdrawn only upon checks and demands for money
signed by the President and countersigned by the Secretary/Treasurer
or such other officers as designated by the BOARD from time to time.
All notes of the ASSOCIATION shall be signed by any two of the
officers of the ASSOCIATION.
6.2 Fiscal Year. The fiscal year for the ASSOCIATION shall
begin on the first day of January of each year1 provided, however,
that the BOARD is expressly authorized to change to a different
fiscal year in accordance with the provisions and regulations from
time to time prescribed by the Internal Revenue Code of the United
States of America at such time as the BOARD deems it advisable.
6.3 Determination of Assessments.
(a) The BOARD of the ASSOCIATION shall fix and determine
from time to time the sum or sums necessary and
adequate for the COMMON EXPENSES of the ASSOCIATION
(including PARKING SPACES, easements, CANAL EASEMENT,
STREETS and COMMON AREA) providing for use of same for
the members 1 COMMON EXPENSES shall include expenses
for the ope~ation, maintenance, repair or replacement
of the COMMON AREA, STREETS, walkways, PARKING SPACES,
parking areas, CANAL EASEMENT, easements, RECREATION
AREA (if any), the costs of carrying out the powers
and duties of the ASSOCIATION, management contract,
and any other expenses designated as COMMON EXPENSES
from time to time by the BOARD of the ASSOCIATION.
-9-
The BOARD is specifically empowered on behalf of the
ASSOCIATION to make and collect assessments and to
lease, maintain, repair and replace the PARKING
SPACES, COMMON AREA, RECREATION AREA (if any),
STREETS, easements, and CANAL EASEMENT, to meet the
requirements of the ASSOCIATION, if any. In addition,
if private water bills on the individual residential
units include more than one LOT, collection of
assessments to pay same pursuant to the Oeclaration of
Restrictions is authorized.
Funds for the payment of COMMON EXPENSES shall be
assessed and be deemed a lien as set forth in the
Declaration of Restrictions.
(b) When the BOARD has' deter~ined the amount of any
assessment, the Secretary/Treasurer of the ASSOCIATION
shall mail or present a statement of the assessment to
each of the members. All assessments shall be payable
to the Secretary/Treasurer of the ASSOCIATION, and
upon request, the Secretary/Treasurer shall give a
receipt for each payment made to him, if requested.
6.4
Delinquent Assessments.
In the event the payment of an
assessment is delinquent, the ASSOCIATION, through its BOARD, may
proceed to enforce. and collect the said assessment in any manner
provided for by the Declaration of Restrictions.
6.5
Unused Assessments.
All income to the ASSOCIATION, shall
be used to defray the cost and expenses of the ASSOCIATION. Any
COMMON SURPLUS from one year's budget shall be used to reduce
assessments and fees charged in the following year after adequately
providing for short term cash flow: and, no distribution of income
shall be made to members.
ARTICLE VII. MAINTENANCE AND REPAIRS
7.1
Access.
Any officer of the ASSOCIATION, or any agent of
the BOARD, shall have irrevocable right to have. access to each LOT
from time to time during reasonable houri that may be neeel.ary for
-10-
inspection, maintenance, repair or replacement of any COMMON AREA
accessible therefrom, or for making emergency repairs therein to
prevent damage to the COMMON AREA, PARKING SPACES, easements, CANAL
EASEMENT, walkways, common wall, 'or to another LOT.
7.2 Maintenance and Repairs. The BOARD may enter into a
contract wi th any firm, person or corporation for the maintenance
and repair of the ASSOCIATION property. The BOARD may, by contract,
empower and grant to such firm, person or corporation the right of
access as set forth in Paragraph 7.1 of this Article. The BOARD
may delegate to said firm, person, or corporation rights of
collection of assessments and powers of enforcing the same.
7.3 LOT OWNERS. Every LOT OWNER must perform promptly all
maintenance and repair work within his own property which, if
omitted, would affect the other member's property, their common land
and the project in its entirety or in a part belonging to other
OWNERS, being expressly responsible for the damages and liabilities
that his failure to do so may engender.
7.4 Prohibition. No member shall make any alteration in the
portions of the improvements which are to be maintained by the
ASSOCIATION or remove any portion thereof, or make any additions
thereto, or do any work which would jeopardize the safety or
soundness of any buildings or improvements or impair any easement.
7.5 Fee Simple Ti tIe. The ASSOCIATION will accept fee simple
title to any portion of the COMMON AREA or subdivision, if DEVELOPER
shall tender a deed of conveyance.
ARTICLE VIII. VIOLATIONS
8.1 In the event of a violation (other than the nonpayment of
an assessment for which remedies are elsewhere provided) by the LOT
OWNER in any of the provisions of the Declaration of Restrictions,
these By-Laws or the Articles of Incorporation of the ASSOCIATION,
by direction of the BOARD, the ASSOCIATION may notify the violating
members by written notice of such breach, transmitted by Registered
or Certified Mail, Return Receipt Requested, and if such violation
shall continue for a period of thirty (30) days from the date of the
-11-
notice, the ASSOCIATION, through its BOARD, shall have the right to
treat such violations as an intentional and inexcusable and material
breach of the Declaration of Restrictions; the By-Laws, or the
Articles of Incorporation, and the ASSOCIATION may then, at its
option, have the following elections: (i) an action at law to
\
recover for its damage on behalf of the ASSOCIATION or on behalf of
the other members: (ii) an action in equity to enforce performance
on the part of the members: or (iii) an action in equity for such
equitable relief as may be necessary under the circumstances,
including injunctive relief. Failure on the part of the ASSOCIATION
to maintain such an action at law or in equity within thirty (30)
days from date of a written request, signed by a member, sent to the
BOARD, shall author i ze any member to br ing an action in equity or
suit at law on account of the violation.
ARTICLE IX. AMENDMENT TO THE BY-LAWS
9.1 These By-Laws may be amended in the same manner as the
Articles of Incorporation may be amended.
ARTICLE X. RULES AND REGULATIONS
IO.1 The BOARD may from time to time adopt and amend previously
adopted aqJl\inistrative rules and regulations governing the details
of the operation and use of the COMMON AREAS, PARKING SPACES,
RECREATION AREA (if any), traffic flow, easement, CANAL EASEMENT and
STREETS, provided, however, that no such rules and regulations 'shall
conflict with the Declaration of Restrictions, these By-Laws or the
provisions of the Articles of Incorporation, and in the event of any
conflict between the said rules and regulations and the foregoing,
the Declaration of Restrictions and Articles of Incorporation shall
prevail over these By-Laws.
THE FOREGOING were adopted as the By-Laws of MARINER'S WAY
ASSOCIATION, INC., a not-for-profit corporation, under the laws of
the State of Florida, at the first meeting of the Board of Directors
on the
day of
, 198_.
Secretary
APPROVEO:
C. Wendall Collins, President
-12-
ARTICLES OF INCORPORATION
OF
MARINER'S WAY ASSOCIATION, INC.
- a nonprofit corporation -
The undersigned, by these Articles, associate themselves for the
purposes of forming a corporation not-for-profit under Chapter 617,
Florida Statutes, and certify as follows:
ARTICLE I. NAME
The name of the corporation shall be MARINER'S WAY ASSOCIATION,
INC. For convenience, the corporation shall be referred to in this
instrument as the "Association".
ARTICLE II. PURPOSE
2.1 The purpose for which the Association is organized is to
provide an entity for the operation of a proposed residential
development located upon the following lands in Palm Beach County,
Florida:
SEE EXHIBIT "A" ATTACHED HERETO.
2.2 The Association shall make no distr ibutions of income to
its members, directors or officers.
ARTICLE III. POWERS
The powers 'of the Association shall include and be governe,d by
the following provisions:
3.1 The Association shall have all of the common law and
statutory powers of a corporation not-for-profi t not in conflict
with the terms of these Articles.
3.2 The Association shall have all of the powers and duties set
forth in a certain Declaration of Restrictions by FIRST OXFORD
DEVELOPMENT CORP., a Florida corporation, to which Declaration these
Articles are attached and recorded' in the Public Records of Palm
Beach County, Florida (hereinafter called "Declaration"), except as
limited by these Articles, and all of the powers and duties
reasonably necessary to operate the Association pursuant to the
Declaration and as it may be amended from time to time; including,
but not limited to, the following:
(a) To make and collect assessments against members to defray
th~ costs, expenses, and losses of the Association.
(b) To use the proceeds of assessments in the exercise of its
powers and duties.
(c) The maintenance, repair, replacement and operation of the
property and buildings which are to be maintained,
repaired, replaced and operated by the Association.
(d)
The purchase of insurance upon
property and insurance for the
Association and its members.
the improvements
protection of
and
the
(e) The reconstruction of improvements' after casualty and the
future improvement of the property.
-1-
(f) To make and amend reasonable regulations respecting the use
of the property subject to the Association's control.
(9) To approve or disapprove the transfer, mortgage, and
ownership of lots and improvements as may be provided by
the Declaration.
(h)
To enforce by legal means the provisions of
Declaration, these Articles, the By-Laws of
Association, and the Regulations for the use of
property in the subject development.
the
the
the
(i) To contract for the management or operation of portions of
common areas and recreation areas susceptible to separate
management or operation; and to make and collect
assessments against members to defray the costs, expenses,
maintenance, and contractual obligations entered into
relative to common areas, parking spaces, easements,
streets, and the like.
(j) To contract for the management of the Association and to
delegate to such contractor all powers and duties of the
Association.
(k) To employ personnel to perform the services required for
the proper op~ration of the Association.
3.3 All funds and the title of all properties acquired by the
Association and their proceeds shall be held in trust for the
members in accordance with the provisions of the Declaration, these
Articles of Incorporation, and the By-Laws.
3.4 The powers of the Association shall be subject to and shall
be exercised in accordance with the provisions of the Declaration
and the By-Laws.
ARTICLE IV. MEMBERS
4.1 The members of the Association shall consist of all of the
record owners of the lots, and/or Developer, as more fUlly set forth
in the Declaration.
4.2 After receiving approval of the Association required by the
Declaration, change of membership in the Association shall be
established by recording in the Public Records of Palm Beach County,
Florida, a deed or other instrument establishing a record title to a
lot and the delivery to the Association of a copy of such
instrument. The owner designated by such instrument thus becomes a
member of the Association and the membership of the prior'owner is
terminated.
4.3 The share of a member in the funds and assets of the
Association cannot be assigned, hypothecated nor transferred in any
manner except as an appurtenance to the lot.
4.4 The owner of each lot shall be entitled to at least one
vote as a member of the Association. The exact number of votes to
be cast by members and the manner of exercising voting rights shall
be deter~ined by the Declaration.
4.5
stock.
This Association shall never have or issue any share of
ARTICLE V. BOARD OF DIRECTORS'
5.1 The affairs of the Association will be managed by a Board
of Directors consisting of a number of directors determined by the
By-Laws, but not less than three (3) directors, and in the absence
of such determination shall consist of three (3) directors.
Oirectors need not be members of the Association.
-2-
1
. .J
5.2 Directors of the Association shall be elected at an annual
meeti ng of the members of the manner determined by the By-Laws.
Directors may be removed and vacancies' on the Board of Directors
shall be filled in the manner provided by the By-Laws.
5.3 The first election of the directors shall not be held until
after the Developer has terminated its control, or until after
December 31, 1992 (said time being the time that Developer ceases
being a Class B member as set forth in the Declaration). The
directors named in these Articles shall serve until the first
election of directors, and any vacancies in their ~umber occurring
before the first election shall be filled by the remaining
directors. '
5.4 The names and addresses of the members of the first Board
of Directors who shall hold office until their successors are
elected and have qualified, or until removed are as follows:
Name
Address
C. Wendall Collins
840 u.s. Highway No. 1
North Palm Beach, Florida 33408
ARTICLE VI. OFFICERS
The affairs of the Association shall be administered by the
officers designated in the By-Laws. The officers shall be elected
by the Board of Directors at its first meeting following the annual
meeting of the members of the Association and shall serve at the
pleasure of the Board of Directors. The names and addresses of the
officers who shall serve until their successors are designated by
the Board of Directors are as follows:
President:
C. Wendall Collins
Vice President:
Secretary/Treasurer:
The Board of Directors or the president, with approval of the
Board of Directors, may employ a managing agent and/or such other
manager ial and supervisory personnel or entities to administer or
assist in the administration of the operation and management of the
Association and any such person or entity may be so employed without
regard to whether such person or entity is a member of the
Association or is a director or officer of the Association, or an
employee or associate of Developer, as the case may be.
ARTICLE VII. INDEMNIFICATION
, .
Every director and every officer of the Association shall be
indemnified by the Association against all expenses and liabilities
including counsel fees, reasonably incurred by or imposed upon him
in connection with any proceedings or any settlement of any
proceeding to which he may be a party or in which he may become
involved by reason of his beioC] or having been a director or an
officer of the Association, whether or not he is a director or
officer at the time such expenses are incurred, except when the
director or officer is adjudged guilty of willful misfeasance or
'malfeasance in the performance of his duties1 provided that in the
event of a settlement the indemnification shall apply only when the
-)-
Board of Directors approves such settlement and reimbursement as
being for the best interests of the Association. The foregoing
right of indemnification shall be in addition to and not exclusive
of all other rights to which such :director or officer may be
entitled.
ARTICLE VIII. BYLAWS
The first By-Laws of the Association shall be adopted by the
Board of Directors and may only be altered, amended, or rescinded in
the manner provided by the By-Laws.
ARTICLE IX. AMENDMENTS
Amendments to the Articles of Incorporation shall be proposed
and adopted in the following manner:
9.1 Notice of ~he subject matter of a proposed amendment shall
be included in the notice of any meeting at which a proposed
amendment is considered.
9.2. A resolution for the adoption of a proposed amendment may
be proposed ei ther by the Board of Directors or by the members of
the Association. Directors and members not present in person or by
proxy at the meeting considering the amendment may express their
approval in writing, provided such approval is delivered to the
Secretary at, or pr ior to, the meeti ng. Except as elsewhere
provided:
(a) such approvals must be by not less than seventy-five
percent (75%) of the entire membership if proposed by the
Board of Directors: or
(b) by not less than eighty percent CSO%, of the votes of the
entire membership of the Association.
9.3 Provided, however, that no amendment shall make any changes
in the qualifications for membership or the voting rights of the
members, without approval in writing by all members and the joinder
of all record owners of mortgages upon the lots. No amendment shall
be made that is in conflict with the Declaration. Further provided,
that no amendment shall be made without the written consent of
Developer during the t~me that Developer is a Class B member.
9.4 A copy of each amendment shall be certified by the
Secretary of State and be recorded in the Public Records of Palm
Beach County, Florida.
ARTICLE X. TERM
The term of the Association shall be perpetual.
ARTICLE XI. SUBSCRIBERS
The names and addresses of the subscribers of these Articles of
Incorporation are as follows:
Name
Address
c. Wendall Collins
S40 u.S. Highway No. 1
North Palm Beach, Florida 3340S
-
-4-
.- ,
ARTICLE XII. DEVELOPER'S RIGHTS
Nothing contained herein shall limit or restrict the rights of
Developer, which are set forth in the Restrictions.
ARTICLE XIII. INITIAL REGISTERED OFFICE AND AGENT
The street address of the initial registered office
corporation is 840 U.S. Highway No. I, North Palm Beach,
33408. The Registered Agent of the Corporation shall be C.
Collins whose address as Registered Agent is: 840 U.S.
No. I, North Palm Beach, Florida 33408.
IN WITNESS WHEREOF, the undersigned, each being the Subscribers
hereto, do hereby subscribe to these Articles of Incorporation, and
have hereunto set our hands and seals, this day of
, 1985.
of the
Florida
Wendall
Highway
(SEAL)
C. WENDALL COLLINS
(SEAL)
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
.
BEFORE ME, a Notary Public duly authorized in the County and
State aforesaid to take acknowledgments, personally appeared
c. WENDALL COLLINS, to me known to be the person described in and
who executed the foregoing Articles of Incorporation, and he
acknowledged before me that he executed said Articles as his true
act and deed and for the purposes therein expressed.
WITNESS my
aforesaid the
hand and official
day of
seal in the County and State
, 1985.
Notary Public, State of Florida
My commission expires:
-5-
~
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, a Notary Public duly authorized in the County and
State aforesaid to take acknowledgments, personally appeared
to me known to be the person described in and
who executed the foregoing Articles of Incorporation, and he
acknowledged before me that he executed said Articles as his true
act and deed and for the purposes therein expressed.
WITNESS my i hand and official
aforesaid the day of
seal in the County and State
, 1985.
Notary Public, State of Florida
My commission expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, a Notary Public duly authorized in the County and
State aforesaid to take acknowledgments, personally appeared
to me known to be the person. descr ibed in and who
executed the foregoing Articles of Incorporation, and he
acknowledged before me that he executed said Articles as his true
act and deed and for the purposes therein expressed.
WITNESS my
aforesaid the
hand and official
day of
seal in. the County and State
, 1985.
Notary Public, State of Florida
My commission expires:
ACKNOWLEDGMENT
Having been named to accept service of process for the above
stated corporation, at the place designated in this Certificate,
I hereby accept to act in this capacity, and agree to comply
with the provisions of law relative to keeping open such office.
C. WENDALL COLLINS
REGISTEREO AGENT
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','" ,. -
APPLICA TION/ AUTHORIZATION
'W. 'W'
'W,"'" ...,
LEGAL DOCUMENTS
.-. ~ .,
.~ "'''" -+
I .. ~....
SITE PLAN APPROVAL APPLICATION
City of Boynton Beach, .Florida
Planning and Zoning Board
This application must be filled out completely and accurately
and submitted in one (I) copy to the Planning Department. Incomplete
applications will not be processed.
Pleas~ Print Legibly or Type all Information.
..
I. GENERAL INFORMATION
I. Project Name: MARINER'S WAY
CITY OF BOYNTON BEACH
PALM BEACH COUNTY, FLORIDA
2. Date this Application is Accepted :
(to be filled out by Planning Dept.)
3. Applicant's Name (person or business entity in whose name this
application is made) :
WENDALL COLLINS CO.
Address:
630 U.S. Hwy #1, Suite #402
North Palm Beach, Florida 33408
Phone:
(305) 845-1348
8'15 /.3'18
4. Agent's Name (person, if any, representing applicant):
FREDERICK T. VECCHIONE
Address:
2434 Cardinal Lane
/
;'
/
Palm Beach Gardens, FL 33410
Phone:
(305) 627-3640
?,C( J/31
5. Property Owner's (or Trustee's) Name: WENDALL COLLINS, Owner
WENDALL COLLINS CO.
Address:
630 U.S. Hwy #1~ Suite #402
North Palm Beach, FL 33408
Phone:
(305) 845-1348
6. Correspondence Address (if different than applicant or agent) *:
SAME
* This is the address to which all agendas, letters, and
other materials will be mailed.
Planning Dept. 10/82
Page 2
7. What is applicant's interest in the premises affected?
OWNER-DEVELOPER
(Owner, Buyer, Lessee, Builder, Developer,
Contract Purchaser, etc.)
8. Street Address or Location of Site:
N. E. 12th Avenue - Boynton Beach, Florida
33435
9. Legal Description of Site:
See Exhibit A
10. Intended Use(s) of Site:
Two-story townhouses.
Total of 4 complexes with 8 D.U. each (32 D.U.)
II. Developer or Builder:
WENDALL COLLINS COMPANY
12. Architect:
WEYANT & ASSOCIATES
(305) 683-6333
13. Landscape Architect:
MICHAEL CAISTER
(305) 544-4445
14. Site Planner:
OLSAK & ASSOCIATES INC.
(305) 833-4198
15. Engineer:
OLSAK & ASSOCIATES INC.jConsulting Engineers
16. Surveyor:
O'BRIEN, SUITER & O'BRIEN, INC. (305) 732-3279
17. Traffic Engineer:
OLSAK & ASSOCIATES INC.
18. Has a site plan been previously approved by the City Council
for this property? YES
19. Estimated construction cost of proposed improvements shown on
this site plan:
$1,280,000
Planning Dept. 10/82
~'
Page 3
II. SITE DATA
The following information must be filled out below and must appear,
where applicable, on all six (6) copies of the site plan.
I. . Land Use Cateqorv shown in
the Comprehensive Plan
2. Zoning District R-3
3. Area of Site 4.75 acres
.
4 . Land Use -- Acreage Breakdown
R-3 (Max. 10.8 D.U.jAc)
206910
sq. ft.
a. Residential, including Lf)R acres 10; 1 % of site
surrounding lot area or
grounds
b. Recreation Areas * 0.14 acres 2.9 % of site
(excluding water area) ,.
c. Water Area 2.15 acres 45.3 -% of site
d. Commercial 0 acres 0 % of site
e. Industrial 0 acres 0 % of site
f. Public/ln- 0 acres 0 % of site
stitutional
g. Public,private, and Canal
Rights-of-Way 1056 x 22 0.68 acres 14.4 % of site
h. Other (specify) + 6359 0.10 2.1 % of site
acres
Re. Area less than 50'x 50'
i. Other (specify) acres % of site
j. Total Area of Site
4.75
100
% of site
* Including open space suitable for outdoor recreation, and
having a minimum dimension of 50 ft. by 50 ft.
5. Surface Cover
0.675 AC
a. Ground Floor Building 29,415
Area ("building footprint")
sq. ft.
14.22
% of site
b. Water Area
93,659
2.15 AC
sq.ft.
45.26
% of site
c. Other Impervious Areas,
including paved area of
public & private streets,
paved area of parking
lots & driveways (ex-
cluding landscaped areas) ,
and sidewalks, patios,
decks, and athletic
courts. 33,977
"
sq. ft.
16.42 % of site
0.78 AC
e. Landscaped Area Inside
of Parking Lots
(20 sq. ft. per interior
parking space required--
see Sec. 7.5-35(g) of
Landscape Code) .
157,046
(3.60).
4,792
(0.11 AC)
sq. ft.
75.90
% 0 f site
d. Total Impervious Area
sq. ft.
2.32
% of site
Planning Dept. 10/82
n'~~~;~~ ~~~~ ,n/Q?
f. Other Landscaped Areas,
excluding Water Area
38 .103
(0.88)
g. Other Pervious Areas,
including Golf Courses,
Natural Areas, Yards, and
Swales, but excluding
Water Areas
(0.16)
6,969
h. Total Pervious Areas (1.15) 49,864
i. Total Area of Site
(4.75) 206,910
6. Floor Area
a. Residential
24,337
b. Commercial/Office
c; Industrial/Warehouse
o
o
d. Recreational
o
e. Publici
Institutional
o
f. Other (specify)
211
Meter Room (4 x ~2:8)
g. Other (specify)
4,867
Covered Porch
h. Total Floor Area
29,415
7. Number of Residential Dwelling Units
a. Single-Family Detached
o
b. Duplex
o
c. Multi-Family (3 +
attached dwelling units
(1) Efficiency
(2) 1 Bedroom
(3) 2 Bedroom
(4) 3+ Bedroom
o
o
19
13
Page 4
sq. ft.
18.41 . % of site
sq. ft..
sq. ft.
::;q.ft.
3.37 % of site
24.10
% of site
100
% of site
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
(0.675 AC)
dwelling units
dwelling units
dwelling units
dwelling units
dwelling units
dwelling units
d. Total Multi-Family
32
dwelling units
e. Total Number of Dwelling
Units 32
8. Gross Density
6.73
Dwelling Units per !\cre (Max. 10.8 D.O.)
stories
9. Maximum Height of Structures on Site
10. Required Off-Street Parking
a. Calculation of Required
Number of Off-Street
Parking Spaces
32 x 2 = 64
Planning Dept. 10/82
28
feet
2
b. Off-Street Parking Spaces
Provided on Site Plan
71
EXHIBIT A
TO
SITE PLAN APPROVAL APPLICATION
OF
MARINER'S WAY
CITY OF BOYNTON BEACH/PALM BEACH COUNTY, FLORIDA
LEGAL DESCRIPTION
Lot 9, Wilms Way, Boynton Beach, Palm Beach County, Florida,
according to the plat thereof recorded in Plat Book 23 on page
110 of the Public Records of Palm Beach County, Florida;
~D
The North 165 feet of the South 700 feet of Government Lot
3 of Section 22, Township 45 South, Range 43 East lying East
of said Lot 9 of Wilms Way, Boynton Beach, Palm Beach County,
Florida;
~D
A parcel of submerged land in Lake Worth in Section 22, Township
45 South, Range 43 East, Palm Beach County, Florida, more particu-
larly described as follows:
Beginning at the point of intersection of a line 699.50 feet
North of and parallel to the South line of Government Lot 3
in said Section 22 and the City of Boynton Beach Bulkhead Line,
established November 19, 1956 by Ordinance No. 289; thence
South 80 37' 00" West along said City of Boynton Beach Bulkhead
Line, a distance of 130.76 feet; thence North 890 22' 01" West,
a distance of 375 feet to a point in the high water line on
the Westerly shore of Lake Worth; thence North 440 37' 59"
East, along said high water line, a distance of 165 feet; thence
North 880 24' 26" East, along said high water line a distance
of 278.76 feet to the Point of Beginning.
'.
. IV.
MISCELLANEOUS
Page 7
(che9k)
V 1.
The following materials must be submit~ed in one (1) copy:
A check, payable to the City of Boynton Beach, for two hundred
dollars ($200).
LId 2.
For projects that generate at least three thousand (3,000)
vehicle trips per day or two hundred and fifty (250) single
directional vehicle trips in a one (1) hour period, a traffic
iffipact"~n~ly~i~ ~u~t be ~ub~ittcd.
#IA
3.
Any other engineering and/or technical data, as may be re-
quired by the Technical Review Board to determine compliance
with the provisions of the City's Code of Ordinances.
V. CERTIFICATION
(I) (We) understand that this application and all papers and
plans submitted herewith become a part of the permanent records
of the Planning and Zoning Board. (I) (We) hereby certify that
the above statements and any statements or showings in any papers
or plans submitted herewith are true to the best of (my) (our)
knowled e and belief. This application will not be accepted
u signed accor g to the instructions below.
!/-IJ- ~j'-
Date
Signature of Own (s) or Trustee,
or Authorized Principal if property
is owned by a corporation or other
business entity.
VI.
AGENT
~ - ,.-
\\-\ --..>
Date
Signature of Owner(s) or Trustee,
or Authorized Principal if property
is owned by a corporation or other
business entity.
hereby designate the above signed person as (my)
regard to this application.
//-/ 3- ~~
Date
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Review Schedule:
Date Received:
Technical Review Board
Planning & Zoning Board
Community Appearance Board
City Council
Date
Date
Date
Date
Stipulations of Final Approval:
Other Government Agencios/Persons to be contacted:
Additional Remarks:
Planning Dept. 10/82
..11lnk & AlIlIocfntr ) Jne-
Consulting Engineers & Land Planners
308 GREYMON DRIVE
WEST PALM BEACH. FLORIDA 33405
OFFICE (3051 833-4198
CITY OF B.BEACH,
ENGINEERING DEPARTMENT
120 E.BOYNTON BEACH BLVD.,
BOYNTON BEACH,FLORIDA 33435.
NOVEMBER 14,1985.
RE: "MARINER'S WAY"
BOYNTON BEACH.
FIRE FLOW CALCULATIONS:
AS PER SECTION 9-4 THROUGH 9-18 OF THE CITY OF B.BEACH CODE OF ORDINANCES,
RElATING TO FIRE PREVENTATION AND PROTECTION, THIS ZONING DISTRICT R-3 IS
IN GROUP 3.THE SYSTEM SHALL BE ABLE TO DELIVER NOT LESS THAN Q = 1,500 GPM,
AT MIN.20 P.S.I. RESIDUAL PRESSURE AT FIRE HYDRANT.EACH FIRE HYDRANT SHALL
DELIVER NOT LESS THAN Q . 750 GPM. REQUIRED DURATION TIME IS 2 HOURS. FIRE
HYDRANT SPACING SHALL BE S = 500 FT. MAXIMUM. THE PROPOSED F.H.SPACING IS 410 FT.
THE AVERAGE PRESSURE IN THE EXISTING W.M. IS 55 P.S.I. ( MIN.PRESSURE 40 P.S.I.)
I
cV~"
I
L.J ....G/O'
20#'
(FH)
~2=3501
{;"
ell
FH-/
I.... ~/()"
JON02
-c;;;---
HI . 35 PSI, Ll : 610 LFT. hI = 13.25/100'
H2 = 35 PSI, L2 · 350 LFT. h2 = 23.10/100'
Qf = QI + Q2 · 1,540 GPM ~ 1,500 GPM.
PRESSURE: MIN.40 PSI.
HI = 20 PSI, L1 · 610 LFT.
H2 . 20 PSI, L2 = 350 LFT.
Qf · 1,140 GPM.
Q1 · 1,050 GPM.
Q2 = 490 GPM.
hI = 7.57/100'
h2 =13.2 /100'
Q1 = 780 GPM.
Q2 = 360 GPM. (4")
PROPOSED FIRE PROTECTION IS IN ACCORDANCE WITH THE CITY OF B.BEACH CODES.
PREPARED BY: OLSAK & ASSOCIATES,
IVAN K.OLSAK,P.E.
,/~
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