LEGAL APPROVAL
RUDEN
MCCLOSKY
SMITH
SCHUSTER &
RUSSELL, P.A.
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AUG 7. 2 996
200 EAST BROWARD BOULEVARD
FORT LAUDERDALE, FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
PLANNING AND
ZONING DEPT.
(954) 764-6660
FAX: (954) 764-4996
ATTORNEYS AT LAW
WRITER'S DIRECT DIAL NUMBER: (954) 761-2909
E-MAIL: ESS@RUDEN.COM
August 19, 1996
Ken Hall
Engineering Department
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425
Re: Nautica Sound
Dear Mr. Hall:
In connection with the above-referenced community, enclosed please find the a copy of the
recorded First Amendment to Declaration of Covenants, Restrictions and Easements for Nautica '
Sound recorded in Official Records Book 9378, Page 1212 of the Public Records of Palm Beach
County, Florida ("First Amendment").
I am enclosing an additional copy of the First Amendment to be forwarded to Mike Haag
at his request.
Should you need any questions or concerns regarding this matter, please don't hesitate to
contact me.
Sincerely,
RUDEN, McCLOSKY, SMITH,
SCHUSTER & RUSSELL, P .A.
~CJ~
Ellen S. Siff
Legal Assistant
cc: Mike Haag J
FTL:165891:1
FORT LAUDERDALE. MIAMI. NAPLES. ST. PETERSBURG. SARASOTA. TALLAHASSEE. TAMPA
Return to: (enclose self-addressed stamped envelope)
Name:
Address:
This Instrument Prepared by:
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Mark F. Grant, Esq.
Ruden, McClosky, Smith
Schuster & Russell, P.A.
200 East Broward Boulevard
15th Floor
Fort Lauderdale, Florida 33301
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SPACE ABOVE THIS LINE FOR PROCESSING DATA
FIRST AMENDMENT TO DE CLARA TION OF COVENANTS,
RESTRICTIONS AND EASEMENTS FOR NAUTICA SOUND
This instrument ("Amendment") is made as of this 2.~ l')o\ day of VQL~ ,1996 by
G. L. HOMES OF BOYNTON BEACH II CORPORATION., a Florida corporation ("Declarant"),
whose principal office is located at 1401 University Drive, Suite 200, Coral Springs, Florida 33071-
6039, and joined in by NAUTICA SOUND HOMEOWNERS ASSOCIATION, INC., a Florida
corporation not-for-profit ("Association"), whose principal office is located at 1401 University
Drive, Suite 200, Coral Springs, Florida 33071-6039.
WHEREAS, Declarant has executed and recorded in Official Records Book 8939, Page 1368
of the Public Records of Palm Beach County, Florida, a certain "Declaration of Covenants,
Restrictions and Easements for Nautica Sound," (hereinafter referred to as the "Declaration"); and
WHEREAS, the Declaration provides in Article XIII, Section 8, Paragraph 1, that prior to
the "Turnover Date" (as defmed in the Articles of Incorporation of the Association), Declarant may
amend the Declaration without the requirement of the consent of the Association or the "Owners"
(as defined in the Declaration); and
WHEREAS, Article VIII, Section 8, Paragraph 1, also provides that the Association shall,
upon the request of the Declarant, join in any amendment and execute an instrument to evidence
such joinder and consent; and
WHEREAS, Declarant desires to amend the Declaration with regard to certain matters
contained in the Declaration; and
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WHEREAS, Declarant requests the joinder and consent of the Association; and
WHEREAS, the Turnover Date has not occurred as of the date first above written; and
NOW THEREFORE, Declarant hereby declares that the Declaration is hereby amended as
follows:
1.
reference.
The recitations set forth herein are true and correct and are incorporated herein by
2. Unless otherwise defined herein, each term defined in the Declaration and used herein
shall have its meaning as defined in the Declaration.
3. Article I, Section 7 of the Declaration is hereby amended to read as follows:
"ASSOCIATION PROPERTY" shall mean such portion of the Property not included
in any Lot, and which is or shall be owned or maintained by the Association, as set
forth in this Declaration, for the common use and enjoyment of the Owners within
Nautica Sound, as described in Exhibit "E" attached hereto and made a part hereof,
together with landscaping and any other Improvements thereon, including, without
limitation, all structures, unmanned guardhouses, school bus stop including pavilion,
recreational facilities, open spaces, private streets, asphalt bike paths, sidewalks,
irrigation, street lights, entry or other lighting, if any, and entrance features, but
excluding any public utility installations thereon; in addition, such portions of the
Property as are declared to be Association Property in any Supplemental Declaration,
less whatever portion of the Property are declared to be withdrawn from the
provisions of this Declaration in any Supplemental Declaration.
4. A new Article I, Section 10 is hereby added to read as follows:
"CITY" shall mean the City of Boynton Beach, Florida.
5. Article I, Sections 10 through 16, inclusive, are hereby redesignated as Sections 11
through 17, inclusive.
6. The following sentence is hereby added to the Declaration in Article I, Section 14
(formerly Section 13):
An Owner shall not, solely by the purchase of a Home, be deemed a successor or
assign of Declarant or of the rights of Declarant under the Nautica Sound Documents
unless such Owner is specifically so designated as a successor or assign of such
rights in the instrument of conveyance or any other instrument executed by
Declarant.
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7. A new Article I, Section 18 is hereby added to the Declaration to read as follows:
"DRAINAGE SYSTEM" shall mean all structures, including culverts, required to
collect and convey rainfall runoff from Nautica Sound to the water management
tracts (i.e., "Lakes," as hereinafter defined) and/or canals adjacent to the Property.
The Drainage System within Nautica Sound as shown on the Plat or Additional Plat,
if any, is a private drainage system.
8. Article I, Sections 17 through 34, inclusive, are hereby redesignated as Sections 19
through 36, inclusive.
9.
follows:
Article I, Section 20 (formerly Section 18) of the Declaration is amended to read as
"IMPROVEMENT" shall mean all structures or artificially created conditions and
appurtenances thereto of every type and kind located upon the Property, including,
but not limited to, buildings, walkways, recreation areas and facilities, parking areas,
school bus stops and pavilions, berms, sprinkler pipes, gatehouses, roads, driveways,
fences, retaining walls, stairs, landscaping, fountains, hedges, plantings, poles,
children's climbing apparatus, swings, tennis, basketball and volleyball courts,
swimming pools, covered patios, screen enclosures, jogging, walking and bicycle
paths, basketball backboards and hoops, and signs.
10. The following language is hereby added to the Declaration in Article I, Section 24
(formerly Section 22):
Lots 19 through 25, inclusive, Lots 28 and 29, Lots 79 through 84, inclusive, Lots
122 through 132, inclusive, Lots 135 through 137, inclusive, Lots 140 through 145,
inclusive, Lots 148 through 151, inclusive, Lots 153 through 167, inclusive, Lots 170
through 175, inclusive and Lots 178 through 181, inclusive, as designated on the Plat
are Lake Lots.
11.
follows:
Article I, Section 28 of the Declaration (formerly Section 26) is amended to read as
"NAUTICA SOUND" shall mean that planned unit development located in Palm
Beach County, Florida and encompassing the Property and existing in the City
pursuant to this Declaration.
12.
follows:
Article I, Section 33 of the Declaration (formerly Section 31) is amended to read as
FTL:123124:16
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"PLAT" shall mean the Plat of Nautica Sound P.U. D.-Plat One recorded in Plat
Book 76, Pages 196 through 202 of the Public Records ofthe County. In the event
a Supplemental Declaration for the Additional Property is recorded amongst the
public records of the County, then the term "Plat" as used herein shall also mean the
Additional Plat.
13. The following language is hereby added as Paragraph 2 to Article II, Section 2 of the
Declaration:
Nautica Sound shall be developed in conformance with the "NAUTICA SOUND
F.K.A. Knollwood Groves P.U.D. Rectified Master Plan" prepared by Kilday &
Associates (the "Master Plan"), the Plat and Additional Plat, if any, and any site plan
approved by the City (collectively, the "Record Approvals"), each as may be
amended from time to time.
14. The last paragraph in Article II, Section 2 ofthe Declaration is hereby amended by
adding thereto the following language as the last sentence:
Modifications to the Record Approvals, or any of them, shall be processed in
accordance with the Boynton Beach Code of Ordinances. Where applicable, City
permits shall be obtained to construct Improvements.
15. A new Article II, Section 3 of the Declaration is hereby added to read as follows:
Section 3. LANDSCAPE EASEMENT. In order to preserve the aesthetic image of
Nautica Sound and to help maximize the Owners' use and enjoyment thereof, no
Improvements or other additions are permitted within any Landscape Easements as
designated on the Plat.
A. The rear twenty (20) feet of Lots 41 through 77, inclusive, is a twenty (20)
foot Landscape Easement as designated on the Plat. A berm shall be
constructed within the Landscape Easement and a continuous hedge shall be
planted atop the berm. The Owner of Lots 41 through 77, inclusive, shall be
responsible for maintaining that portion of the Landscape Easement in front
of the hedge, including, but not limited to, the sod, the front of the hedge, and
any and all plantings and trees thereon. The Association shall be responsible
for maintaining that portion of the Landscape Easement between the rear of
the hedge and the rear property line, including, but not limited to, the sod,
the top and rear of the hedge, and any and all plantings and trees thereon.
Notwithstanding anything contrary contained in the Declaration, Owners of
Lots 41 through 77, inclusive, are permitted to erect a fence parallel to the
rear property line of the Lot only if said fence is five (5) feet tall and located
parallel and immediately adjacent to the front face (i.e. house side) of the
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hedge and provided the Owner complies with the provisions of Article VIII
and Article X, Section 16 of this Declaration.
B. With respect to the above-mentioned Landscape Easement, in the event an
Owner fails to maintain the Landscape Easement located on his Lot, the
Association shall be obligated to do so and shall impose the cost thereof upon
such Owner without the necessity of Notice or a Hearing and said cost shall
constitute a lien upon the applicable Lot and Home with the same force and
effect as a lien for Operating Expenses.
16. Article II, Sections 3 through 7, inclusive, are hereby redesignated as Sections 4
through 8, inclusive.
17. The first sentence in Article II, Section 4 (formerly Section 3) of the Declaration is
hereby amended to read as follows:
ASSOCIATION PROPERTY. The Association Property shall consist of the
property described on Exhibit "E" attached hereto or indicated on the Plat and the
Additional Plat, if any, as Association Property or as property reserved for or
dedicated to the Association.
18. The first sentence in Article II, Section 4.A (formerly Section 3.A) of the Declaration
is hereby amended to read as follows:
Nautica Sound will include a recreation area ("Recreation Tract") designated on the
Plat as Tract "C" Recreation Tract.
19. The second sentence in Article II, Section 4.A (formerly Section 3.A) of the
Declaration is hereby amended to read as follows:
The Recreation Tract shall include, but is not limited to, a swimming pool, patio
deck, two tennis courts, a basketball court, a playground area, clubhouse, sand
volleyball court, open space and parking.
20. The first sentence in Article II, Section 4.B, (formerly Section 3.B) of the Declaration
is hereby amended to read as follows:
The "Lakes" are those portions of the Property designated as Tracts "Ll ", "L2",
"L3", and "L4" on the Plat and shall always be kept and maintained as lakes for water
retention, drainage, irrigation and water management purposes in compliance with
all applicable governmental and water management district requirements.
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21. The following paragraph is hereby added to Article II, Section 4.B (formerly Section
3.B) of the Declaration:
The Lakes include the littoral zones within and surrounding the Lakes. Declarant has
planted or shall plant the littoral zones of the Lakes in accordance with the Record
Approvals. An imaginary line will be extended from the side property line behind
each Lot down to the water's edge. The area encompassed between the rear property
line and the water's edge between these imaginary lines shall be defined as the "Lake
Lot Littoral Zone." Irrigation of the Lake Lot Littoral Zone, including, by way of
example and not limitation, the sod and upland littoral plant material located therein
will be the maintenance responsibility of the Lake Lot Owner of the Lake Lot
adjacent to the Lake Lot Littoral Zone. Furthermore, the Lake Lot Owner of such
Lake Lot shall maintain and care for the sod and plantings other than the clusters of
native upland littoral plantings located within his Lake Lot Littoral Zone. The
Association shall be responsible for maintaining the clusters of native upland littoral
plantings located within the Lake Lot Littoral Zones. Sod and upland plant material
not within a Lake Lot Littoral Zone shall be the maintenance responsibility of the
Association. The Association shall also be responsible for the maintenance, repair
and replacement of the littoral plantings beyond the water's edge in all Lakes.
22. The first sentence in Article II, Section 4.C (formerly Section 3.C) of the Declaration
is hereby substituted with the following:
The "Streets," "Drives," "Roads" and/or "Roadways" are those portions of the
Property designated on the Plat as Tract "A" and which are reserved for or dedicated
to the Association, but specifically excluding any street or roadway dedicated to the
public on the Plat or the Additional Plat, if any. The Streets, Drives, Roads and/or
Roadways shall be used as private roads by Declarant, the Association and the
Owners, their family members, guests, lessees and invitees, in accordance with the
provisions of this Declaration. The Streets, Drives, Roads and/or Roadways shall be
maintained, administered and ultimately owned by the Association. Notwithstanding
the foregoing, the Owner of a Lot shall be responsible for the maintenance, repair and
replacement of (a) the driveway servicing the Lot, including that portion of the
driveway in a "Street", "Drive, "Road" and/or "Roadway" and (b) the sod and
plantings, if any, located adjacent to a Lot within a "Street," "Drive," "Road" and/or
"Roadway" unless the driveway and sod and/or plantings was damaged by the
Association in the fulfillment of its obligations and duties under this Declaration.
23. The first sentence in Article II, Section 4.D (formerly Section 3.D) of the
Declaration is hereby amended to read as follows:
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The "Landscaped Areas" and "Grassed Areas" are those portions of the Property
d. d th PI T "D" "E" "F" "G" d "H" d t b d h
eSlgnate on e at as racts , , , , an an are 0 e use suc
by Declarant, the Association and the Owners, their family members, guests, lessees
and invitees in accordance with the provisions of this Declaration.
24. Article II, Section 4.D (formerly Section 3.D) of the Declaration is hereby amended
to add the following sentence at the end of the paragraph:
Notwithstanding the foregoing, the Owners of Lots 1 through 19, inclusive, shall be
responsible for maintaining the face of the hedge planted within Tract "D", immediately
parallel and adjacent to their rear property line.
25. Article II, Section 4.E (formerly Section 3.E) of the Declaration is hereby amended
to read as follows:
Street Lights. The "Street Lights", and any associated facilities placed within the
Property, shall be installed, repaired, replaced, relocated, maintained and owned by
the public utility responsible therefor, but the Association is responsible to pay all
fees associated with such installation, repair, replacement, relocation and
maintenance, and for the furnishing of electricity thereto, at a set rate pursuant to a
Street Lighting Agreement with the utility.
26.
as follows:
Article II, Section 4.F (formerly Section 3.F) of the Declaration is amended to read
Entranceways. A portion or portions of Tracts "E", "F", "G" and "H" as
shown on the Plat or Additional Plat, if any, may include an entry feature for N autica
Sound which entry feature mayor may not be installed at the sole discretion of
Declarant. The entry feature shall be owned and maintained by the Association.
27. A new Article II, Section 4.H is hereby added to the Declaration to read as follows:
Drainage System. The Drainage System within Nautica Sound, as shown on the Plat
or Additional Plat, if any, is a private drainage system. The Association shall be
responsible for all costs associated with all cleaning, maintenance, repair and
replacement of any portion of the Drainage System necessary to maintain the system
in its original condition and use.
28. Beginning with the third sentence, Article II, Section 5 (formerly Section 4) of the
Declaration is amended to read as follows:
A Lake Lot Owner may (i) use the Lake Lot Littoral Zone that adjoins or abuts his
Lot and (ii) access the Lake from only the Lake Lot Littoral Zone adjoining or
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abutting his Lot. A Lake Lot Owner may not enter any other Lake Lot or any other
Lake Lot Littoral Zone surrounding the Lake (without permission from the Lake Lot
Owner who has the right thereto). No persons other than Lake Lot Owners may use
the Lakes or enter the Lake Lot Littoral Zones surrounding the Lakes without the
permission from the Lake Lot Owner who has the use right thereto. The "Lake
Maintenance Access Easement" shown on the Plat or Additional Plat, if any, is not
for the use of Owners, but is strictly for the use of the Association, the applicable
water management district and any other governmental agency for access to the
Lakes for maintenance of the Lakes and littoral plantings and other proper purposes.
Planting, fencing or other Improvements or additions in or to said Lake Lot Littoral
Zones by any Owner, including a Lake Lot Owner, or any other person is strictly
prohibited.
29. The last sentence of Article II, Section 6 (formerly Section 5) of the Declaration is
amended to read as follows:
The Association Property shall be conveyed to the Association in accordance with
the provisions of Article III, Section 6 hereof.
30. The third sentence in Article II, Section 8 (formerly Section 7) of the Declaration
shall be amended to read as follows:
The "model row(s)" may also contain parking, landscaping and fencing across Roads
and/or Streets, Drives, Roads and/or Roadways as Declarant may determine in its
sole discretion.
31. Article IV, Section 5 of the Declaration is hereby amended by adding "(iii)" between
"and" and "all" on line 5.
32. The following sentence will be added to Article IV, Section 6.0 of the Declaration:
The flowage easements providing for drainage run between each of the Lots parallel
to and over the side lot line thereof, draining from the rear to the front of the Lots.
33. A new Article IV, Section 6.H is hereby added to the Declaration to read as follows:
Drainage System Encroachment Easement. An easement for encroachment over,
under and upon the drainage easements located within the Lots, as designated on the
Plat and Additional Plat, ifany, in favor of (i) the Owner of the Lot upon which the
drainage easement is located for the existence of any driveway and/or sidewalk or
irrigation system or part thereof, and (ii) the Association for reasonable rights of
access for persons and equipment to construct, install, maintain, alter, inspect,
remove, relocate and repair any driveway and/or sidewalk, or irrigation system or
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part thereof installed or located thereon. In the event the Association requires access
to any Drainage System improvements within a drainage easement located within a
Lot upon which any such driveway and/or sidewalk or irrigation system encroaches,
the Association has the obligation, at its own cost and expense, to remove and replace
any such encroachment, and to return it to its condition immediately preceding such
removal and replacement once access to the drainage easement is no longer required.
34. The second paragraph of Article IV, Section 7 of the Declaration is hereby amended
by deleting "for sale in the ordinary course of business" on line 3.
35. The first sentence of the enumeration in the second paragraph in Article VI, Section
1 is amended to read as follows:
(1) any and all taxes and tax liens which may be assessed or levied at any and all
times against the Association Property or against any and all personal
property and Improvements thereon.
36. The following paragraph is hereby added to Article VII, Section 4 of the Declaration:
Individual Lot Assessments shall also include a Contributing Lot Owners pro
rata share, as determined by the Association, of such amounts as are billed directly
to the Association and due from the Association for all costs and expenses incurred
by the Association under or pursuant to any contract ("Cable Agreement") for the
provision of cable television services and/or related telecommunication services
rendered by a cable company or other entity, including Declarant, in order to make
cable television service and/or related telecommunication services ("Cable Service")
available to all Homes. Notwithstanding anything to the contrary contained in this
Declaration, the costs and expenses charged to the Association under the Cable
Agreement shall be apportioned equally but only amongst Contributing Lots Owners
with respect to which the Association is being charged under the Cable Agreement
except to the extent, if any, that any Contributing Lot Owner elects to receive an
"Optional Service" (being a service not automatically received by all Contributing
Lot Owners entitled to receive Cable Service pursuant to the Cable Agreement).
Each Contributing Lot Owner who receives an Optional Service, if any, shall be
solely responsible for paying the costs thereof. The foregoing shall in no way
obligate Declarant or the Association to enter into a Cable Agreement.
37. Article VIII, Section 6.C of the Declaration is hereby amended by deleting the word
"Special" before "Assessment" each time it appears in that subparagraph.
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V-K'5 9378 rg 1224
said Lot shall, at the Owner's sole cost and expense, immediately remove the
fence. The Owner of a Lot in installing any fence upon the Lot shall comply
with all valid laws, zoning ordinances and regulations of the City and
County governmental bodies, as applicable, in addition to the Committee
approval required by Article VIII hereof.
53.
as follows:
The first sentence of Article XI, Section 1. C of the Declaration is amended to read
If the insurance proceeds are insufficient to effect total restoration and the cost of
restoration of the Association Property exceeds said proceeds by over TWENTY-
FIVE THOUSAND DOLLARS ($25,000.00), then by the written consent or vote of
a majority of the voting interests, they shall determine whether (a) to rebuild and
restore either (i) in substantially the same manner as the Improvements existed prior
to the damage or destruction, or (ii) in a manner less expensive in replacing the
Improvements, and raise the necessary rebuilding and restoration funds by levying
equal restoration and construction Assessments against all Contributing Lots; or (b)
to not rebuild and to retain available insurance proceeds.
54. The first sentence of Article XII, Section 2 of the Declaration is hereby amended to
read as follows:
A comprehensive policy of public liability insurance naming the Association and,
until Declarant's ownership of any Lot within the Property ceases, Declarant as
named insureds thereof insuring against any and all claims or demands made by any
person or persons whomsoever for personal injuries or property damage received in
connection with, or arising from, the operation, maintenance and use of the
Association Property and any Improvements located thereon, and for any other risks
insured against by such policies with limits of not less than ONE MILLION
DOLLARS ($1,000,000) for damages incurred or claimed by anyone person for any
one occurrence; not less than THREE MILLION DOLLARS ($3,000,000) for
damages incurred or claimed by more than one person for anyone occurrence; and
for not less than FIFTY THOUSAND DOLLARS ($50,000) property damage per
occurrence with no separate limits stated for the number of claims.
55.
to read:
The second sentence of Article XIII, Section 8.5 of the Declaration is hereby amended
The amendment shall become effective upon the recording of said amendment or
Supplemental Declaration to this Declaration setting forth the amendment or
modification amongst the Public Records of the County.
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56. The following language is hereby added as paragraph 7 to Article XIII, Section 8 of
the Declaration:
Any proposed amendment to the Declaration which would affect the surface
water management system (including environmental conservation areas and the water
management portions of the Association Property), shall be submitted to the South
Florida Water Management District for a determination of whether the proposed
amendment necessitates a modification of the surface water management permit.
57. Exhibit "A" to the Declaration is hereby amended to reflect the recordation of the
Plat as follows:
"All of the Plat ofNautica Sound P.D.D.-Plat One, according to the Plat thereof, as
recorded in Plat Book 76, Pages 196 through 202, inclusive, ofthe Public Records
of Palm Beach County, Florida.
58. Exhibit "B" to the Declaration is hereby amended as follows:
"All of the Plat ofNautica Sound P.U.D.-PI~J'wo, according to the Plat thereof, as
recorded in Plat Book TI-, Page lft!~fthe Public Records of Palm Beach
County, Florida."
59. Exhibit "E" to the Declaration, a copy of which is attached to this Amendment, is
added to reflect the legal description of the Association Property.
60. This Amendment shall become effective upon recording amongst the Public Records
of Palm Beach County, Florida.
61. As modified hereby, the Declaration shall remain in full force and effect in
accordance with the terms thereof.
FTL:123124:16
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RUDEN
MCCLOSKY
SMITH
SCHUSTER &
RUSSELL, P.A.
200 EAST BROWARD BOULEVARD
FORT LAUDERDALE, FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(954) 764-6660
FAX: (954) 764-4996
ATTORNEYS AT LAW
WRITER'S DIRECT DIAL NUMBER: (954) 761-2909
E-MAIL: ESS@RUDEN.COM
August 2, 1996
FEDERAL EXPRESS
Ken Hall
Engineering Department
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425
Re: Nautica Sound
Dear Mr. Hall:
In connection with the above-referenced community, enclosed per your request, please find
the following documentation:
1. Copy of the recorded Declaration of Covenants, Restrictions and Easements
for Nautica Sound recorded in Official Records Book 8939, Page 1369 of the
Public Records of Palm Beach County, Florida ("Declaration"); and
2. Copy of First Amendment to Declaration which was recorded on August 1, 1996.
As soon as I obtain the recorded copy of the First Amendment from the County, I will
forward a copy to you.
In addition, I am enclosing copies of the above documents to Mike Haag at his request.
Should you need any additional documentation, please don't hesitate to contact me.
Sincerely,
RUDEN, McCLOSKY, SMITH,
SCHUSTER & RUSSELL, P.A. ,
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cc: Mike Haag .j
Ellen S. Siff
Legal Assistant
FTL:165891:1
FORT LAUDERDALE. MIAMI. NAPLES. ST. PETERSBURG. SARASOTA. TALLAHASSEE. TAMPA
RECORDING DEPARTMENT
STATEMENT
THIS STATEMENT BECOMES
A RECEIPT WHEN VALIDATED
BY THE CASHIER
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DOROTHY H. WILKEN
CLERK THE CIRCUIT COURT .
OF
PALM BEACH COUNTY
P.O. BOX 4177
WEST PALM BEACH , FLORIDA 33402-4177
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Return to: (enclose self-addressed stamped envelope)
Name:
Address:
This Instrument Prepared by:
Mark F. Grant, Esq.
Ruden, McClosky, Smith
Schuster & Russell, P.A.
200 East Broward Boulevard
15th Floor
Fort Lauderdale, Florida 33301
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR PROCESSING DATA
FIRST AMENDMENT TO DECLARATION OF COVENANTS,
RESTRICTIONS AND EASEMENTS FOR NAUTICA SOUND
This instrument ("Amendment") is made as of this ,At i)o\ day ofJI...:-L.'.:::!. , 1996 by
G. L. HOMES OF BOYNTON BEACH II CORPORATION., a Florida corporation ("Declarant"),
whose principal office is located at 1401 University Drive, Suite 200, Coral Springs, Florida 33071-
6039, and joined in by NAUTICA SOUND HOMEOWNERS ASSOCIATION, INC., a Florida
corporation not-for-profit ("Association"), whose principal office is located at 1401 University
Drive, Suite 200, Coral Springs, Florida 33071-6039.
WHEREAS, Declarant has executed and recorded in Official Records Book 8939, Page 1368
of the Public Records of Palm Beach County, Florida, a certain "Declaration of Covenants,
Restrictions and Easements for Nautica Sound," (hereinafter referred to as the "Declaration"); and
WHEREAS, the Declaration provides in Article XIII, Section 8, Paragraph 1, that prior to
the "Turnover Date" ( as defined in the Articles ofIncorporation ofthe Association), Declarant may
amend the Declaration without the requirement of the consent of the Association or the "Owners"
(as defined in the Declaration); and
WHEREAS, Article VIII, Section 8, Paragraph 1, also provides that the Association shall,
upon the request of the Declarant, join in any amendment and execute an instrument to evidence
such joinder and consent; and
WHEREAS, Declarant desires to amend the Declaration with regard to certain matters
contained in the Declaration; and
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WHEREAS, Declarant requests the joinder and consent of the Association; and
WHEREAS, the Turnover Date has not occurred as of the date first above written; and
NOW THEREFORE, Declarant hereby declares that the Declaration is hereby amended as
follows:
1.
reference.
The recitations set forth herein are true and correct and are incorporated herein by
2. Unless otherwise defined herein, each term defined in the Declaration and used herein
shall have its meaning as defined in the Declaration.
3. Article I, Section 7 of the Declaration is hereby amended to read as follows:
"ASSOCIA nON PROPERTY" shall mean such portion of the Property not included
in any Lot, and which is or shall be owned or maintained by the Association, as set
forth in this Declaration, for the common use and enjoyment of the Owners within
Nautica Sound, as described in Exhibit "E" attached hereto and made a part hereof,
together with landscaping and any other Improvements thereon, including, without
limitation, all structures, unmanned guardhouses, school bus stop including pavilion,
recreational facilities, open spaces, private streets, asphalt bike paths, sidewalks,
irrigation, street lights, entry or other lighting, if any, and entrance features, but
excluding any public utility installations thereon; in addition, such portions of the
Property as are declared to be Association Property in any Supplemental Declaration,
less whatever portion of the Property are declared to be withdrawn from the
provisions of this Declaration in any Supplemental Declaration.
4. A new Article I, Section 10 is hereby added to read as follows:
"CITY" shall mean the City of Boynton Beach, Florida.
5. Article I, Sections 10 through 16, inclusive, are hereby redesignated as Sections 11
through 17, inclusive.
6. The following sentence is hereby added to the Declaration in Article I, Section 14
(formerly Section 13):
An Owner shall not, solely by the purchase of a Home, be deemed a successor or
assign of Declarant or of the rights of Declarant under the Nautica Sound Documents
unless such Owner is specifically so designated as a successor or assign of such
rights in the instrument of conveyance or any other instrument executed by
Declarant.
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7. A new Article I, Section 18 is hereby added to the Declaration to read as follows:
"DRAINAGE SYSTEM" shall mean all structures, including culverts, required to
collect and convey rainfall runoff from Nautica Sound to the water management
tracts (i.e., "Lakes," as hereinafter defined) and/or canals adjacent to the Property.
The Drainage System within Nautica Sound as shown on the Plat or Additional Plat,
if any, is a private drainage system.
8. Article I, Sections 17 through 34, inclusive, are hereby redesignated as Sections 19
through 36, inclusive.
9.
follows:
Article I, Section 20 (formerly Section 18) of the Declaration is amended to read as
'"IMPROVEMENT" shall mean all structures or artificially created conditions and
appurtenances thereto of every type and kind located upon the Property, including,
but not limited to, buildings, walkways, recreation areas and facilities, parking areas,
school bus stops and pavilions, berms, sprinkler pipes, gatehouses, roads, driveways,
fences, retaining walls, stairs, landscaping, fountains, hedges, plantings, poles,
children's climbing apparatus, swings, tennis, basketball and volleyball courts,
swimming pools, covered patios, screen enclosures, jogging, walking and bicycle
paths, basketball backboards and hoops, and signs.
10. The following language is hereby added to the Declaration in Article I, Section 24
(formerly Section 22):
Lots 19 through 25, inclusive, Lots 28 and 29, Lots 79 through 84, inclusive, Lots
122 through 132, inclusive, Lots 135 through 137, inclusive, Lots 140 through 145,
inclusive, Lots 148 through 151, inclusive, Lots 153 through 167, inclusive, Lots 170
through 175, inclusive and Lots 178 through 181, inclusive, as designated on the Plat
are Lake Lots.
11.
follows:
Article I, Section 28 of the Declaration (formerly Section 26) is amended to read as
'"NAUTICA SOUND" shall mean that planned unit development located in Palm
Beach County, Florida and encompassing the Property and existing in the City
pursuant to this Declaration.
12.
follows:
Article I, Section 33 of the Declaration (formerly Section 31) is amended to read as
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"PLAT" shall mean the Plat of Nautica Sound P.U. D.-Plat One recorded in Plat
Book 76, Pages 196 through 202 ofthe Public Records of the County. In the event
a Supplemental Declaration for the Additional Property is recorded amongst the
public records of the County, then the term "Plat" as used herein shall also mean the
Additional Plat.
13. The following language is hereby added as Paragraph 2 to Article II, Section 2 of the
Declaration:
Nautica Sound shall be developed in conformance with the "NAUTICA SOUND
F.K.A. Knollwood Groves P.U.D. Rectified Master Plan" prepared by Kilday &
Associates (the "Master Plan"), the Plat and Additional Plat, if any, and any site plan
approved by the City (collectively, the "Record Approvals"), each as may be
amended from time to time.
14. The last paragraph in Article II, Section 2 of the Declaration is hereby amended by
adding thereto the following language as the last sentence:
Modifications to the Record Approvals, or any of them, shall be processed in
accordance with the Boynton Beach Code of Ordinances. Where applicable, City
permits shall be obtained to construct Improvements.
15. A new Article II, Section 3 ofthe Declaration is hereby added to read as follows:
Section 3. LANDSCAPE EASEMENT. In order to preserve the aesthetic image of
Nautica Sound and to help maximize the Owners' use and enjoyment thereof, no
Improvements or other additions are permitted within any Landscape Easements as
designated on the Plat.
A.
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The rear twenty (20) feet of Lots 41 through 77, inclusive, is a twenty (20)
foot Landscape Easement as designated on the Plat. A berm shall be
constructed within the Landscape Easement and a continuous hedge shall be
planted atop the berm. The Owner of Lots 41 through 77, inclusive, shall be
responsible for maintaining that portion of the Landscape Easement in front
of the hedge, including, but not limited to, the sod, the front ofthe hedge, and
any and all plantings and trees thereon. The Association shall be responsible
for maintaining that portion of the Landscape Easement between the rear of
the hedge and the rear property line, including, but not limited to, the sod,
the top and rear of the hedge, and any and all plantings and trees thereon.
Notwithstanding anything contrary contained in the Declaration, Owners of
Lots 41 through 77, inclusive, are permitted to erect a fence parallel to the
rear property line of the Lot only if said fence is five (5) feet tall and located
parallel and immediately adjacent to the front face (i.e. house side) of the
4
hedge and provided the Owner complies with the provisions of Article VIII
and Article X, Section 16 of this Declaration.
B. With respect to the above-mentioned Landscape Easement, in the event an
Owner fails to maintain the Landscape Easement located on his Lot, the
Association shall be obligated to do so and shall impose the cost thereof upon
such Owner without the necessity of Notice or a Hearing and said cost shall
constitute a lien upon the applicable Lot and Home with the same force and
effect as a lien for Operating Expenses.
16. Article II, Sections 3 through 7, inclusive, are hereby redesignated as Sections 4
through 8, inclusive.
17. The first sentence in Article II, Section 4 (formerly Section 3) of the Declaration is
hereby amended to read as follows:
ASSOCIA nON PROPERTY. The Association Property shall consist of the
property described on Exhibit "E" attached hereto or indicated on the Plat and the
Additional Plat, if any, as Association Property or as property reserved for or
dedicated to the Association.
18. The first sentence in Article II, Section 4.A (formerly Section 3.A) of the Declaration
is hereby amended to read as follows:
Nautica Sound will include a recreation area ("Recreation Tract") designated on the
Plat as Tract "c" Recreation Tract.
19. The second sentence in Article II, Section 4.A (formerly Section 3.A) of the
Declaration is hereby amended to read as follows:
The Recreation Tract shall include, but is not limited to, a swimming pool, patio
deck, two tennis courts, a basketball court, a playground area, clubhouse, sand
volleyball court, open space and parking.
20. The first sentence in Article II, Section 4.B, (formerly Section 3.B) of the Declaration
is hereby amended to read as follows:
The "Lakes". are those portions of the Property designated as Tracts "Ll ", "L2",
"L3", and "L4" on the Plat and shall always be kept and maintained as lakes for water
retention, drainage, irrigation and water management purposes in compliance with
all applicable governmental and water management district requirements.
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21. The following paragraph is hereby added to Article II, Section 4.B (formerly Section
3.B) of the Declaration:
The Lakes include the littoral zones within and surrounding the Lakes. Declarant has
planted or shall plant the littoral zones of the Lakes in accordance with the Record
Approvals. An imaginary line will be extended from the side property line behind
each Lot down to the water's edge. The area encompassed between the rear property
line and the water's edge between these imaginary lines shall be defined as the "Lake
Lot Littoral Zone." Irrigation of the Lake Lot Littoral Zone, including, by way of
example and not limitation, the sod and upland littoral plant material located therein
will be the maintenance responsibility of the Lake Lot Owner of the Lake Lot
adjacent to the Lake Lot Littoral Zone. Furthermore, the Lake Lot Owner of such
Lake Lot shall maintain and care for the sod and plantings other than the clusters of
native upland littoral plantings located within his Lake Lot Littoral Zone. The
Association shall be responsible for maintaining the clusters of native upland littoral
plantings located within the Lake Lot Littoral Zones. Sod and upland plant material
not within a Lake Lot Littoral Zone shall be the maintenance responsibility of the
Association. The Association shall also be responsible for the maintenance, repair
and replacement ofthe littoral plantings beyond the water's edge in all Lakes.
22. The first sentence in Article II, Section 4.C (formerly Section 3.C) of the Declaration
is hereby substituted with the following:
The "Streets," "Drives," "Roads" and/or "Roadways" are those portions of the
Property designated on the Plat as Tract "A" and which are reserved for or dedicated
to the Association, but specifically excluding any street or roadway dedicated to the
public on the Plat or the Additional Plat, if any. The Streets, Drives, Roads and/or
Roadways shall be used as private roads by Declarant, the Association and the
Owners, their family members, guests, lessees and invitees, in accordance with the
provisions of this Declaration. The Streets, Drives, Roads and/or Roadways shall be
maintained, administered and ultimately owned by the Association. Notwithstanding
the foregoing, the Owner of a Lot shall be responsible for the maintenance, repair and
replacement of (a) the driveway servicing the Lot, including that portion of the
driveway in a "Street", "Drive, "Road" and/or "Roadway" and (b) the sod and
plantings, if any, located adjacent to a Lot within a "Street," "Drive," "Road" and/or
"Roadway" unless the driveway and sod and/or plantings was damaged by the
Association in the fulfillment of its obligations and duties under this Declaration.
23. The first sentence in Article II, Section 4.D (formerly Section 3.D) of the
Declaration is hereby amended to read as follows:
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The "Landscaped Areas" and "Grassed Areas" are those portions of the Property
designated on the Plat as Tracts "D", "E", "F", "G", and "H" and are to be used such
by Declarant, the Association and the Owners, their family members, guests, lessees
and invitees in accordance with the provisions of this Declaration.
24. Article II, Section 4.D (formerly Section 3.D) of the Declaration is hereby amended
to add the following sentence at the end of the paragraph:
Notwithstanding the foregoing, the Owners of Lots 1 through 19, inclusive, shall be
responsible for maintaining the face of the hedge planted within Tract "D", immediately
parallel and adjacent to their rear property line.
25. Article II, Section 4.E (formerly Section 3.E) of the Declaration is hereby amended
to read as follows:
Street Lights. The "Street Lights", and any associated facilities placed within the
Property, shall be installed, repaired, replaced, relocated, maintained and owned by
the public utility responsible therefor, but the Association is responsible to pay all
fees associated with such installation, repair, replacement, relocation and
maintenance, and for the furnishing of electricity thereto, at a set rate pursuant to a
Street Lighting Agreement with the utility.
26.
as follows:
Article II, Section 4.F (formerly Section 3.F) of the Declaration is amended to read
Entranceways. A portion or portions of Tracts "E", "F", "G" and "H" as
shown on the Plat or Additional Plat, if any, may include an entry feature for N autica
Sound which entry feature mayor may not be installed at the sole discretion of
Declarant. The entry feature shall be owned and maintained by the Association.
27. A new Article II, Section 4.H is hereby added to the Declaration to read as follows:
Drainage System. The Drainage System within Nautica Sound, as shown on the Plat
or Additional Plat, if any, is a private drainage system. The Association shall be
responsible for all costs associated with all cleaning, maintenance, repair and
replacement of any portion of the Drainage System necessary to maintain the system
in its original condition and use.
28. Beginning with the third sentence, Article II, Section 5 (formerly Section 4) of the
Declaration is amended to read as follows:
A Lake Lot Owner may (i) use the Lake Lot Littoral Zone that adjoins or abuts his
Lot and (ii) access the Lake from only the Lake Lot Littoral Zone adjoining or
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abutting his Lot. A Lake Lot Owner may not enter any other Lake Lot or any other
Lake Lot Littoral Zone surrounding the Lake (without permission from the Lake Lot
Owner who has the right thereto). No persons other than Lake Lot Owners may use
the Lakes or enter the Lake Lot Littoral Zones surrounding the Lakes without the
permission from the Lake Lot Owner who has the use right thereto. The "Lake
Maintenance Access Easement" shown on the Plat or Additional Plat, if any, is not
for the use of Owners, but is strictly for the use of the Association, the applicable
water management district and any other governmental agency for access to the
Lakes for maintenance of the Lakes and littoral plantings and other proper purposes.
Planting, fencing or other Improvements or additions in or to said Lake Lot Littoral
Zones by any Owner, including a Lake Lot Owner, or any other person is strictly
prohibited.
29. The last sentence of Article II, Section 6 (formerly Section 5) of the Declaration is
amended to read as follows:
The Association Property shall be conveyed to the Association in accordance with
the provisions of Article III, Section 6 hereof.
30. The third sentence in Article II, Section 8 (formerly Section 7) of the Declaration
shall be amended to read as follows:
The "model row(s)" may also contain parking, landscaping and fencing across Roads
and/or Streets, Drives, Roads and/or Roadways as Declarant may determine in its
sole discretion.
31. Article IV, Section 5 of the Declaration is hereby amended by adding "(iii)" between
"and" and "all" on line 5.
32. The following sentence will be added to Article IV, Section 6.G of the Declaration:
The flowage easements providing for drainage run between each of the Lots parallel
to and over the side lot line thereof, draining from the rear to the front of the Lots.
33. A new Article IV, Section 6.H is hereby added to the Declaration to read as follows:
Drainage System Encroachment Easement. An easement for encroachment over,
under and upon the drainage easements located within the Lots, as designated on the
Plat and Additional Plat, ifany, in favor of (i) the Owner of the Lot upon which the
drainage easement is located for the existence of any driveway and/or sidewalk or
irrigation system or part thereof, and (ii) the Association for reasonable rights of
access for persons and equipment to construct, install, maintain, alter, inspect,
remove, relocate and repair any driveway and/or sidewalk, or irrigation system or
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part thereof installed or located thereon. In the event the Association requires access
to any Drainage System improvements within a drainage easement located within a
Lot upon which any such driveway and/or sidewalk or irrigation system encroaches,
the Association has the obligation, at its own cost and expense, to remove and replace
any such encroachment, and to return it to its condition immediately preceding such
removal and replacement once access to the drainage easement is no longer required.
34. The second paragraph of Article IV, Section 7 of the Declaration is hereby amended
by deleting "for sale in the ordinary course of business" on line 3.
35. The first sentence of the enumeration in the second paragraph in Article VI, Section
1 is amended to read as follows:
(1) any and all taxes and tax liens which may be assessed or levied at any and all
times against the Association Property or against any and all personal
property and Improvements thereon.
36. The following paragraph is hereby added to Article VII, Section 4 of the Declaration:
Individual Lot Assessments shall also include a Contributing Lot Owners pro
rata share, as determined by the Association, of such amounts as are billed directly
to the Association and due from the Association for all costs and expenses incurred
by the Association under or pursuant to any contract ("Cable Agreement") for the
provision of cable television services and/or related telecommunication services
rendered by a cable company or other entity, including Declarant, in order to make
cable television service and/or related telecommunication services ("Cable Service")
available to all Homes. Notwithstanding anything to the contrary contained in this
Declaration, the costs and expenses charged to the Association under the Cable
Agreement shall be apportioned equally but only amongst Contributing Lots Owners
with respect to which the Association is being charged under the Cable Agreement
except to the extent, if any, that any Contributing Lot Owner elects to receive an
"Optional Service" (being a service not automatically received by all Contributing
Lot Owners entitled to receive Cable Service pursuant to the Cable Agreement).
Each Contributing Lot Owner who receives an Optional Service, if any, shall be
solely responsible for paying the costs thereof. The foregoing shall in no way
obligate Declarant or the Association to enter into a Cable Agreement.
37. Article VIII, Section 6.C of the Declaration is hereby amended by deleting the word
"Special" before "Assessment" each time it appears in that subparagraph.
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38. Article IX, Section 1.B of the Declaration is amended to read as follows:
The Association shall operate, maintain and repair a water sprinkler system
constructed over, through and upon the Association Property as it shall deem
appropriate and within the Landscape Easement upon the rear of Lots 41 through 77,
inclusive, between the rear of the hedge and the rear property line (i.e Springfield
Boulevard right-of-way). There is hereby reserved in favor of the Association the
right to enter upon the Association Property for the purpose of operating,
maintaining, repairing and replacing a water sprinkler system over, through and upon
the Association Property.
39. The last sentence of Article IX, Section 1.C of the Declaration is hereby amended to
read as follows:
The Association may, but shall not be obligated to, to the extent permitted by the
appropriate governmental authority, also provide maintenance of all City, County,
district or municipal properties which are located within or in a reasonable proximity
of the Property to the extent that their deterioration or unkept appearance would
adversely affect the appearance of the Property, including the right to enhance the
landscaping in any public rights of way.
40. Article IX, Section 1.E of the Declaration is hereby amended by deleting the word
"Special" before "Assessment each time it appears in that subparagraph.
41. The following is added to the Declaration as Article IX, Section loG of the
Declaration:
The Association shall operate, maintain and repair the Drainage System constructed
over, through and upon the Property. There is hereby reserved in favor of the
Association the right to enter upon the Association Property and the Lots for the
purpose of operating, maintaining, repairing, and replacing the Drainage System
over, through and upon the Property. The Association shall be responsible for all
costs associated with all cleaning, maintenance, repairs and replacement of any
portion of the Drainage System necessary to maintain the system in its original
condition and use.
42. The following IS added to the Declaration as Article IX, Section 1.H of the
Declaration:
The Association, at its expense, shall be responsible for the maintenance, repair and
replacement of the Grassed Areas and Landscaped Areas on Tract B of the Plat.
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43. The last sentence of Article IX, Section 2.B of the Declaration is deleted in its
entirety.
44. The last sentence of Article IX, Section 2.C of the Declaration is deleted in its
entirety.
45. Article IX, Section 2.F of the Declaration is hereby amended by deleting the word
"Special" before "Assessment" each time it appears in that subparagraph.
46. The following language is added to the last sentence of Article X, Section 1.E of the
Declaration:
, which costs shall be treated as an Assessment, subject to the provisions for
collection of Assessments as otherwise set forth herein.
47.
follows:
The first sentence of Article X, Section 2 of the Declaration is amended to read as
No obnoxious or offensive activity shall be carried on or about the Lots or in or about
any Improvements, Homes, or on any portion ofNautica Sound nor shall anything
be done therein which may be or become an unreasonable annoyance or a nuisance
to any Owner.
48.
follows:
The first sentence of Article X, Section 7 of the Declaration is amended to read as
No Home shall be enlarged by any addition thereto or to any part thereof, and no
Owner shall make any improvement, addition or alteration to the exterior of his
Home, including, without limitation, the painting, staining or varnishing of the
exterior of the Home, including doors, garage doors, driveways and walkways,
without the prior written approval of (i) the Committee as set forth in Article VIII of
this Declaration, which approval may be withheld for purely aesthetic reasons, and
(ii) all applicable governmental entities.
49.
follows:
The last sentence of Article X, Section 11 of the Declaration is amended to read as
No stripped vehicles, lumber or other building materials, grass, tree clippings, metals,
scrap, automobile pieces or parts, refuse, or trash shall be stored or allowed to
accumulate on any portion of the Property (except when accumulated during
construction by Declarant, during construction approved by the Committee, or when
accumulated by the Association for imminent pick-up and discard.)
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50. The following language is hereby added to Article X, Section 15 of the Declaration:
", provided that a stain tank is installed in conjunction with the irrigation well."
51. The first sentence of Article X, Section 16 of the Declaration is hereby amended to
read as follows:
Any fence placed upon any Lot must be approved by the Committee, as provided in
Article VIII hereof, prior to installation and shall be installed in compliance with the
Master Plan.
52. Article X, Section 16 of the Declaration is hereby amended by deleting the word
"Special" before "Assessment" each time it appears in the subparagraph.
53. A new second paragraph is hereby added to Article X, Section 16 of the Declaration
to read as follows:
Notwithstanding that an Owner has obtained the approval of the
Committee to install a fence or landscape materials, as provided hereinabove,
such installation shall be at the Owner's sole risk so long as Declarant has not
yet begun or is engaged in the construction of a Home on an adjacent Lot.
In the event such construction activity on an adjacent Lot causes damage to
or destruction of such Owner's fence or landscape materials or any part
thereof, the Owner on whose Lot the fence and/or landscaping has been
damaged shall be required, at the Owner's expense, to repair or replace such
fence and/or landscape materials in conformance with the requirements of the
Committee's approval of the initial installation ofthe fence and/or landscape
materials and Declarant shall have no liability for any such damage or
destruction. Such repair or replacement shall commence as soon as
construction on the adjacent Lot has been completed and shall be pursued
with due diligence. For purposes of this paragraph, the term "landscape
materials" shall include landscape materials located on or adjacent to any
property line of a Lot, including, by way of example and not of limitation,
hedges, shrubs and trees, whether associated with a fence or not.
52. A new third paragraph is hereby added to Article X, Section 16 of the Declaration to
read as follows:
In addition, the installation of any fence placed upon any Lot is
subject to easements which run with the land. In the event the grantee of any
such easement which runs with the land (i.e. FPL), their successors and/or
assigns, requires the removal of any fence upon the Lot, then the Owner of
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said Lot shall, at the Owner's sole cost and expense, immediately remove the
fence. The Owner of a Lot in installing any fence upon the Lot shall comply
with all valid laws, zoning ordinances and regulations of the City and
County governmental bodies, as applicable, in addition to the Committee
approval required by Article VIII hereof.
53.
as follows:
The first sentence of Article XI, Section 1. C of the Declaration is amended to read
If the insurance proceeds are insufficient to effect total restoration and the cost of
restoration of the Association Property exceeds said proceeds by over TWENTY-
FIVE THOUSAND DOLLARS ($25,000.00), then by the written consent or vote of
a majority of the voting interests, they shall determine whether (a) to rebuild and
restore either (i) in substantially the same manner as the Improvements existed prior
to the damage or destruction, or (ii) in a manner less expensive in replacing the
Improvements, and raise the necessary rebuilding and restoration funds by levying
equal restoration and construction Assessments against all Contributing Lots; or (b)
to not rebuild and to retain available insurance proceeds.
54. The first sentence of Article XII, Section 2 of the Declaration is hereby amended to
read as follows:
A comprehensive policy of public liability insurance naming the Association and,
until Declarant's ownership of any Lot within the Property ceases, Declarant as
named insureds thereof insuring against any and all claims or demands made by any
person or persons whomsoever for personal injuries or property damage received in
connection with, or arising from, the operation, maintenance and use of the
Association Property and any Improvements located thereon, and for any other risks
insured against by such policies with limits of not less than ONE MILLION
DOLLARS ($1,000,000) for damages incurred or claimed by anyone person for any
one occurrence; not less than THREE MILLION DOLLARS ($3,000,000) for
damages incurred or claimed by more than one person for anyone occurrence; and
for not less than FIFTY THOUSAND DOLLARS ($50,000) property damage per
occurrence with no separate limits stated for the number of claims.
55.
to read:
The second sentence of Article XIII, Section 8.5 of the Declaration is hereby amended
The amendment shall become effective upon the recording of said amendment or
Supplemental Declaration to this Declaration setting forth the amendment or
modification amongst the Public Records of the County.
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...........
56. The following language is hereby added as paragraph 7 to Article XIII, Section 8 of
the Declaration:
Any proposed amendment to the Declaration which would affect the surface
water management system (including environmental conservation areas and the water
management portions of the Association Property), shall be submitted to the South
Florida Water Management District for a determination of whether the proposed
amendment necessitates a modification of the surface water management permit.
57. Exhibit "A" to the Declaration is hereby amended to reflect the recordation of the
Plat as follows:
"All of the Plat ofNautica Sound P.D.D.-Plat One, according to the Plat thereof, as
recorded in Plat Book 76, Pages 196 through 202, inclusive, of the Public Records
of Palm Beach County, Florida.
58. Exhibit "B" to the Declaration is hereby amended as follows:
"All ofthe Plat ofNautica Sound P.D.D.-Plat Two, according to the Plat thereof, as
recorded in Plat Book _, Page _, of the Public Records of Palm Beach
County, Florida."
59. Exhibit "E" to the Declaration, a copy of which is attached to this Amendment, is
added to reflect the legal description of the Association Property.
60. This Amendment shall become effective upon recording amongst the Public Records
of Palm Beach County, Florida.
61. As modified hereby, the Declaration shall remain in full force and effect in
accordance with the terms thereof.
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14
IN WITNESS WHEREOF, this Amendment has been signed by Declarant and joined in by
the Association on the respective dates set forth below.
WITNESSES:
DECLARANT:
G. L. HOMES OF BOYNTON BEACH II
CORPORATION, a Florida corporation,
~A By: ilL-. 2--- -
~te /ame: r.....,..~ ^'C,,--,~ Alan Fant, Vice President
~)/1tJ:;j ~
Printed Name: . ~~o' ~'\""lJt;;5k.ll (SEAL)
Dated: 7 -~ (-f ~ 90
"C:>
WITNESSES:
ASSOCIATION:
NAUTICA SOUND HOMEOWNERS
ASSOCIATION, INC., a Florida corporation not for
profit
/.~:e~,,,\ ",."
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Printed Name: J1.y1if'fh,a:' 6<.2 /../{
Dated:
By:
-77-
/CL-/
Alan Fant, Vice President
(SEAL)
7~/~'f...q~
FTL:123124:16
15
COUNTY OF BROW ARD )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by ALAN FANT, the Vice President of NAUTICA SOUND
HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for profit, freely and voluntarily
under authority duly vested in him by said corporation, and that the seal affixed thereto is the true
corporate seal of said corporation. ALAN F ANT is(personally known to mryr has produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaid this.l'tn-t day of
"'''--"1 , 1996.
,~ ,
IC, State of Florida at~'" GARY ARKIN
* * My Cot.'....eIon cc.t525t8
.-, ~ ~"Dir.. Aot. 21,1999
STATE OF FLORIDA )
) SS:
COUNTYOFBROWARD )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by ALAN F ANT, the Vice President of G. L. HOMES OF BOYNTON
BEACH II CORPORATION, INC., a Florida corporation, freely and voluntarily under authority
duly vested in him by said corporation, and that the seal affixed thereto is the true corporate seal of
said corporation. ALAN F ANT is (pcrsoniiIIY known to ~ or has produced
as identification. -
WITNESS my hand and official seal in the County and State last aforesaid this2"f TH day of
~--; , 1996.
Pu IC, State of Florida at.~~~.-.. GARY ARKIN
*K * MyCom.....IonCc.S2518
-:. ~ ExpiresApr,21.1999
r., ,
Typed, Printed or Stamped Name of'm'itary Public
My Commission Expires:
STATE OF FLORIDA )
) SS:
COUNTYOFBROWARD )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by ALAN F ANT, the Vice President of NAUTICA SOUND
HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for profit, freely and voluntarily
under authority duly vested in him by said corporation, and that the seal affixed thereto is the true
corporate seal of said corporation. ALAN F ANT is(personally known to mryr has produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaid this;.!'t fk day of
w"'_ _"'\ , 1996.
~ ,
IC, State of Florida at~'-" GARY ARKIN
* * My COl.....lIion 00452518
...... ~ Expires Ap, 21. 1999
"'''~.,. ,;.:~
Typed, Printed or Stamped Name of Notary Public
My Commission Expires:
FTL:123124:16
16
EXHIBIT E
ASSOCIATION PROPERTY
Tracts A, C, D, E, F, G, H, Ll, L2, L3, and L4 ofNAUTICA SOUND P.U.D.-PLAT ONE,
according to the Plat thereof, as recorded in Plat Book 76, Pages 196 through 202, inclusive, of the
Public Records of Palm Beach County, Florida.
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Rerum to: (euclose .sclr-addressed stamped envelope)
,
Name:
Mark F. Grant, Esq. /
Address:
P.O. Box 1900
Fort Lauderdale, Florida 33302
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This Instrument Prepared by:
Ruden, Barnett, McClosky, Smith
Schuster & Russell, P .A.
200 East Broward Boulevard
15th Floor
Fort Lauderdale, Florida 33301
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR PROCESSING DATA
DECLARATION OF COVENANTS.:, RESTRICTIONS
. AND EASEMENTS FOR NAU llCA SOUND
THIS DECLARA nON OF COVENANTS, RESTRICTIONS AND EASEl\1ENTS
FOR NAUTICA SOUND ("Declaration") is made this ~B ~ay of September, 1995 by
G.L. HOl\1ES OF BOYNTON BEACH II CORPORATION, a Florida corporation, its
successors and assigns ("Declarant"), and is joined in by NAUTICA SOUND
HOl\1EOWNERS ASSOCIA nON, INC., a Florida corporation not for profit
("Association"). .
WHEREAS, Declarant is the owner in fee simple of the real property more.
particularly described on Exhibit "A" ("Propelty") attached hereto and made a part hereof;
and .
WHEREAS, Declarant desires to develop a community on the Property to be known
as "Nautica Sound" as hereinafter set forth; and'
WHEREAS, in order to develop and maintain Nautica Sound as a planned residential
community and to preserve the values and amenities of such community, it is necessary to
declare, commit and subject the Property and the improvements now or hereafter constructed
thereon to certain land use covenants, restrictions, reservations, regulations, burdens, liens,
and easements; and to delegate and assign to the Association certain powers and duties of
own~rship, administration, operation, maintenance and enforcement; and
, WHEREAS, the Association is joining in this Declaration in order to acknowledge
its obligations hereunder.
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ecti 7. "ASSOCIATION PROPERTY" shall mean such portion of the Property not
included in any Lot, and which is or shall be owned or maintained by the Association, as set
forth in this Declaration, for the common use and enjoyment of the Owners, together with
landscaping and any other Improvements thereon, including, without limitation, all
structures, recreational facilities, open spaces, private streets, sidewalks, irrigation, street
lights, if any, and entrance features, but excluding any public utility installations thereon; in
addition, such portions of the Property as are declared to be Association Property in any
Supplemental Declaration, less whatever portions of the Property are declared to be
withdrawn from the provisions of this Declaration in any Supplemental Declaration.
Section 8.
"BOARD" shall mean the governing body of the Association.
Section 9 . "BYLAWS" shall mean the Bylaws of the Association, which have been or will
be adopted by the Board, a copy of which is attached hereto as Exhibit "D" and incorporated
herein by this reference, as such Bylaws may be amended from time to time.
Section 1 O. ,"CONTRIBUTING LOT" shall mean any Lot conveyed by Declarant, as
evidenced by a recorded deed of conveyance, except- if conveyed to an Institutional
Mortgagee in lieu of foreclosure.
Section 11. "CONTRIBUTING LOT OWNER" shall mean the owner of a Contributing
Lot.
Section 12. ."COUNTY" shall mean Palm Beach County, Florida.
Section 13. "DECLARANT" shall mean and refer to G.L. Homes of Boynton Beach II
Corporation, a Florida corporation, and any successor or assign thereof which acquires any
Lot from Declarant for the purpose of development and to which G.L. Homes of Boynton
Beach II Corporation, a Florida corporation, specifically assigns all or part of the rights of
Declarant hereunder by an express written assignment recorded in the Public Records of the
County. The written election shall give notice as to which rights of Declarant are to be
exercised. In any event, any subsequent declarant shall not be liable for any default or
obligations incurred by any prior declarant, except as may be expressly assumed by the
subsequent declarant.
Section 14. "DECLARA nON" shall mean this instrument as it may be amended from time
to time, together with any Supplemental Declaration(s).
Section 15. "DIRECTOR" shall mean a member of the Board.
Section 16. "DOMINANT LOT" shall mean a Lot to which an easement over a Servient
Lot created by Article IV of this Declaration is appurtenant (Le., a Lot owned by an Owner
entitled to access to his Lot over certain portions of an adjoining Lot). A Lot may be both
a Dominant Lot and Servient Lot as to different easements created by Article IV hereof, but
not as to the same easement.
Section 17. "HOME" shall mean a residence constructed on a Lot which is designed and
intended for use and occupancy as a single-family residence.
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NOW, THEREFORE, in consideration of the premises and covenants herein
contained, Declarant hereby declares that the Property shall be owned, held, used,
transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions,
easements, reservations, regulations, burdens and liens hereinafter set forth, all of which shall
run with the Property and any part thereof and which shall be binding upon all parties having
any right, title or interest in the Property or any part thereof, their heirs, successors and
assigns.
ARTICLE I
DEFINITIONS
The terms used in this Declaration shall be defined as set forth herein unless expressly
provided otherwise;
Section 1. "ADDITIONAL PLAT" shall mean the Plat ( as defmed in Section 31 herein)
of the Additional Property provided a Supplemental Declaration for the Additional Property
is recorded amongst the public records of the County.
Section 6. liAS SOCIA TION" shall mean and refer to NAUTICA SOUND
HOMEOWNERS ASSOCIA nON, INC., a not-for-profit Florida corporation, its successors
and assigns, existing pursuant to the Articles of Incorporation, filed in the Office of the
Secretary of State of the State of Florida on September 28, 1995, as amended by any
amendments thereto, and which Association is responsible for the maintenance, preservation
and architectural control of certain properties within Nautica Sound as provided in this
Declaration. '
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Section 18. "IMPROVEMENT" shall mean all structures or artificially created conditions
and appurtenances thereto of every type and kind located upon the Property, including, but
not limited to, buildings, walkways, recreation areas and facilities, sprinkler pipes,
gatehouses, roads, driveways, fences, retaining walls, stairs, landscaping, hedges, plantings,
poles, children's climbing apparatus, tennis courts, swimming pools, jogging and walking
paths, basketball backboards and hoops, and signs.
Section 19. "INSTITUTIONAL MORTGAGE" shall mean a mortgage held by an
Institutional Mortgagee.
Section 20. "INSTITUTIONAL MORTGAGEE OR INSTITUTIONAL LENDER" shall
mean any lending institution owning a first mortgage encumbering any Home or Lot, which
owner and holder of said mortgage shall either be a bank, life insurance company, federal or
state savings and loan association, real estate or mortgage investment trust, building and loan
association, mortgage banking company licensed to do business in the State of Florida, or
any subsidiary thereof licensed or qualified to make mortgage loans in the State of Florida
or a national banking association chartered under the laws of the United States of America
or any "secondary mortgage market institution", including the Federal National Mortgage
Association ("FNMA"), Government National Mortgage Association ("GNMA"), Federal
Home Loan Mortgage Corporation ("FHLMC") and such other secondary mortgage market
institutions as the Board shall hereafter approve in writing; any and all lenders, the
successors and assigns of such lenders, which have loaned money to Declarant and which
hold a mortgage on any portion of the Property securing such a loan; any pension or profit
sharing funds qualified under the Internal Revenue Code; or the Veterans Administrative or
the Federal Housing Administration or the Department of Housing and Urban Development
or such other lender as is generally recognized in the community as an institutional lender;
or Declarant, its successors and assigns.
Section 21. "INTEREST" shall mean the maximum nonusurious interest rate allowed by
law on the subject debt or obligation, and ifno such rate is designated by law, then eighteen
percent (18%) per annum.
Section 22. "LAKE LOT" shall mean a Lot which abuts one of the Lakes (as described in
Article II hereof), as shown on the Plat and the Additional Plat if the Additional Property is
added to this Declaration by a Supplemental Declaration.
Section 23. "LEGAL FEES" shall mean: (a) reasonable fees for attorney and paralegal
services incurred in connection with: (i) negotiation and preparation for litigation, whether
or not an action is actually begun, through and including all trial and appellate levels and
post judgment proceedings and (ii) collection of past due Assessments including, but not
limited to, preparation of notices and liens, and shall also include (b) court costs through and
including all trial and appellate levels and post judgment proceedings.
Section 24. "LOT" shall mean and refer to any lot of land as designated on the Plat upon
which a Home is permitted to be erected, together with the Improvements thereon, and any
portion of the Property that is declared to be a Lot by a Supplemental Declaration and is not
subsequently withdrawn from the provisions of this Declaration by a Supplemental
Declaration.
FTL:86894:4
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Section 25. "MEMBERS" shall mean and refer to all of those Owners who are members
of the Association, as provided herein.
Section 26. "NAUTICA SOUND" shall mean that planned unit development located in
Palm Beach County, Florida, and encompassing the Property and existing in Boynton Beach
pursuant to this Declaration.
Section 27. "NAUTICA SOUND DOCUMENTS" shall mean this Declaration, the
Articles, the Bylaws, and any Rules and Regulations adopted by the Association, as well as
any Supplemental Declaration(s).
Section 28. "NOTICE" and "HEARING" shall mean written notice and a public hearing
before a tribunal appointed by the Board, at which the Owner concerned shall have an
opportunity to be heard in person or by counsel, at Owner's expense, in the manner set forth
in the Bylaws.
Section 29. "OPERATING EXPENSES" shall mean the expenses for which Owners are
liable to the Association as described in this Declaration and any other Nautica Sound
Documents and include, but are not limited to, the costs and expenses incurred by the
Association in administering, operating, reconstructing, maintaining, financing, repairing,
replacing or improving the Association Property or any portion thereof and Improvements
thereon and all costs and expenses incurred by the Association in carrying out its powers and
duties hereunder or under any other Nautica Sound Documents, including, but not limited
to, the cost of any reserves and any other expenses designated to be Operating Expenses by
the Board.
Section 30. "OWNER" shall mean and refer to the record owner, whether one or more
persons or entities, ofa fee simple title to any Lot which is part of the Property, and includes
Declarant for as long as Declarant owns fee simple title to a Lot, but excluding therefrom
those having such interest as security for the performance of an obligation.
Section 31. "PLAT" means a written instrument filed for record in the Public Records of
the County in the manner required by law ("which has not been superseded by a subsequent
"Plat") whereby a portion of the Property is described and is subdivided into lots, blocks,
parcels or tracts and all or a portion of the Property contained within the Plat be brought
within the jurisdiction of this Declaration and/or the Association. In the event a
Supplemental Declaration for the Additional Property is recorded amongst the public records
of the county, then the term "Plat" as used herein shall also mean the Additional Plat.
Section 32. "PROPERTY" shall mean and refer to that certain real property heretofore
described in Exhibit "A" and such additions thereto as may hereafter be brought within the
jurisdiction of this Declaration and/or the Association; provided, however, Declarant reserves
the right to withdraw from the provisions hereof such portion or portions of the Property as
Declarant from time to time elects, upon the execution by Declarant of a Supplemental
Declaration.
Section 33. "SERVIENT LOT" shall mean a Lot over which an easement is created by
Article IV of this Declaration in favor of a Dominant Lot (i.e., a Lot over which the Owner
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of an adjoining Lot has a right of access to certain portions of the Servient Lot). A Lot may
be both a Servient Lot and a Dominant Lot as to different easements created by Article IV,
but not as to the same easement.
Section 34. "SUPPLEMENTAL DECLARATION" shall mean any instrument executed
by Declarant (provided Declarant is the owner thereof), and recorded in the Public Records
of the County, for purposes of supplementing or amending this Declaration, declaring certain
properties to be or not to be Association Property, or of adding properties to or withdrawing
properties from the Property and the provisions of this Declaration. The Association shall
join in the execution of any Supplemental Declaration at the request of Declarant but such
joinder shall not be required to make any such Supplemental Declaration effective. The
Owners shall not be required to join in the execution of any Supplemental Declaration but
shall nevertheless be bound thereby.
ARTICLE II
DESCRIPTION OF NAUTICA SOUND
Section 1. NAUTICA SOUND. Nautica Sound is comprised of the Property,
encompassing Lots and Association Property, all as more particularly defined by this
Declaration and, in addition, lands which Declarant may add, but shall in no way be
obligated to add, by Supplemental Declaration(s). The Property initially declared hereunder
is described in Exhibit "A".
Section 2. GENERAL PLAN OF DEVELOPMENT. Declarant's general plan of
development ofNautica Sound contemplates two stages with the initial stage containing up
to one hundred eighty-one (181) residential Homes and the Association Property located
within the Property. However, Declarant has reserved the right to add land to NAUTICA
SOUND, including the Additional Property described in Exhibit "B" hereto, and, therefore,
the number of Lots within NAUTICA SOUND may increase. The second stage is intended
to contain two hundred forty-three (243) Homes and the Association Property located within
the Additional Property. Declarant's general plan of development further contemplates that
such residential Homes shall be whatever types of structures Declarant may choose which
are in conformance with this Declaration. Declarant's general plan of development of
Nautica Sound may also include whatever facilities and amenities Declarant considers in its
sole judgment to be appropriate to the community contemplated by the plan.
The second stage will become part ofNautica Sound if, and only if,
Declarant in its sole discretion adds the Additional Property to Nautica Sound by recording
a Supplemental Declaration to such effect. Declarant hereby reserves an easement for
ingress and egress and for utilities and drainage over the Property for the benefit of the
Additional Property, for so long as Declarant is the Owner thereof, which shall terminate if
the Additional Property is added to Nautica Sound by the recording of a Supplemental
Declaration since, in such event, the other easements set forth in this Declaration shall
control.
Declarant expressly reserves the right as to the Property, to: (i)
commence construction and development when Declarant so desires; (ii) develop the
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Property upon such timetable as Declarant, in its sole discretion, chooses; and (iii) modify
the plan of development of the Property in such manner as it, in its sole discretion, chooses.
Section 3. ASSOCIATION PROPERTY. The Association Property shall consist of the
property indicated on the Plat and the Additional Plat as Association Property or as property
reserved for or dedicated to the Association. The Association Property shall be used for
recreational and social purposes as well as other proper purposes by the Association and the
Owners and their family members, guests, invitees and lessees in accordance with the
Nautica Sound Documents. Association Property may not be altered, modified, removed or
replaced by Owners or their family members, guests, invitees or lessees.
The portions of Nautica Sound described in this Section 3 shall
constitute the Association Property and shall be used solely in accordance with the covenants
impressed upon the Association Property as follows:
A. Recreation Tract. Nautica Sound will include a recreation area
("Recreation Tract") as shown on the Plat. The Recreation Tract shall include, but is not
limited to, a swimming pool, patio deck, two tennis courts, a basketball court, a playground
area, clubhouse, open space and parking. The Recreation Tract shall be part of the
Association Property and shall be used for recreational purposes by the Association, and the
Owners and their family members, guests, invitees and lessees. Such portion, if any, of the
Recreation Tract upon which Declarant has constructed, or hereinafter constructs
Improvements shall be kept and maintained for use in a manner consistent with the nature
of such Improvements located or to be located thereon. All of the Recreation Tract
including, but not limited to, the swimming pool, shall always be kept and maintained by the
Association for recreational uses or beautification and attendant uses (~, parking spaces
within the Recreation Tract shall be used for proper purposes by those using the recreational
facilities while using such facilities), and shall be used for such purposes and not for
residential, commercial or industrial construction of any kind. The Recreation Tract shall
be maintained, administered and ultimately owned by the Association.
Declarant reserves the right, but shall not be obligated, to
construct additional recreational facilities upon the Recreation Tract or to change the
facilities planned for the Recreation Tract. The decision as to whether to construct additional
recreational facilities, or to change the planned facilities, and the erection thereof shall be in
the sole discretion of Declarant.
B. Lakes. The "Lakes" are those portions of the Property designated
as such on the Plat and shall always be kept and maintained as lakes for water retention,
drainage, irrigation and water management purposes in compliance with all applicable
governmental and water management district requirements. The Lakes shall be a part of the
Association Property and shall be maintained, administered and ultimately owned by the
Association. In furtherance of the foregoing, Declarant hereby reserves and grants an
easement in favor of the Association throughout all portions ofNautica Sound necessary for
the purpose of accessing, maintaining and administering the Lakes, and no Owner shall do
any act which may interfere with the performance by the Association of its obligations
hereunder.
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DECLARANT AND TIIE ASSOCIATION SHALL NOT BE OBLIGATED
TO PROVIDE SUPERVISORY PERSONNEL FOR THE RECREATION
AREA AND THE LAKES, INCLUDING, BUT NOT LIMITED TO,
LIFEGUARDS. ANY INDIVIDUAL USING THE RECREATION AREA
AND THE LAKES SHALL DO SO AT HIS OWN RISK AND HEREBY
HOLDS DECLARANT AND THE ASSOCIATION HARMLESS FROM
AND AGAINST ANY CLAIM OR LOSS ARISING FROM SUCH USE.
C. Streets, Drives, Roads and/or Roadways. The "Streets,"
"Drives," "Roads" and/or "Roadways" are those portions of the Property designated as such
on the Plat and which are reserved for or dedicated to the Association but specifically
excluding any street or roadway dedicated to the public on the Plat or the Additional Plat.
The Streets, Drives, Roads and/or Roadways shall be used as private roads by Declarant, the
Association and the Owners, their family members, guests, lessees and invitees in accordance
with the provisions of this Declaration. The Streets, Drives, Roads and/or Roadways shall
be maintained, administered and ultimately owned by the Association.
D. Landscaped Areas or Grassed Areas. The "Landscaped Areas"
and "Grassed Areas" are those portions of the Property designated as such on the Plat and
are to be used, kept and maintained as such by Declarant, the Association and the Owners,
their family members, guests, lessees and invitees in accordance with the provisions of this
Declaration. The Landscaped Areas and Grassed Areas shall not include those portions of
an Owner's Lot which the Owner is required to maintain pursuant to this Declaration. The
Landscaped Areas and Grassed Areas shall be ultimately owned by the Association and shall
be administered and maintained by the Association.
E. Street Lights. "Street Lights", if any, that may be placed within
the Association Property shall be maintained by the Association. Nothing in this Declaration
shall be construed to require Declarant to install Street Lights within Nautica Sound.
F. Entranceways. Those portions ofNautica Sound designated as
signage easements on the Plat shall be owned and maintained by the Association.
G. Right to Add Additional Improvements. Such portions of the
Association Property upon which Declarant has constructed, or hereafter constructs,
Improvements shall be kept and maintained for use in a manner consistent with the nature
of such Improvements located, or to be located thereon. Declarant reserves the right, but
shall not be obligated, to construct additional facilities upon the Association Property.' The
decision as to whether to construct additional facilities and the erection thereof shall be in
the sole discretion of Declarant.
Section 4. LAKE LOTS. Notwithstanding anything contained herein to the contrary, and
subject to the rights and obligations of the Association to maintain the Lakes as aforesaid for
water retention, drainage, irrigation and water management purposes for all ofNautica Sound
and the right of the Association to adopt rules from time to time with respect to the use of the
Lakes for such purposes, the Lakes shall be reserved for the private use and enjoyment of the
Owners of Lake Lots ("Lake Lot Owner(s)"), their family members, guests, invitees and
FTL:86894'4
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lessees, but only in accordance with this Declaration. Lake Lot Owners have a right to draw
water from the Lakes for irrigation purposes only, provided, however, any irrigation intake
valve is submerged and not visible. Fishing and non-motorized boating by Lake Lot Owners
is permitted, but swimming is prohibited. A Lake Lot Owner may (i) use that portion of the
Grassed Area surrounding the Lake that adjoins or abuts his Lot and (ii) access the Lake from
only that portion of the Grassed Area adjoining or abutting his Lot, and may not enter any
other Lake Lot or any other portion of the Grassed Area surrounding the Lake (without
permission from the Lake Lot Owner who has the use right thereto). No persons other than
Lake Lot Owners may use the Lakes or enter the Grassed Areas surrounding the Lakes
without permission from the Lake Lot Owner who has the use right thereto. The "Lake
Maintenance Access Easement" shown on the Plat is not for the use of Owners, but is strictly
for the use of the Association, the applicable water management district and any other
governmental agency for access to the Lakes for maintenance of the Lakes and other proper
purposes. Planting, fencing or other Improvements or additions in or to said Grassed Areas
by any Owner, including a Lake Lot Owner, or any other person is strictly prohibited.
Section 5. COSTS. All costs associated with operating, maintaining, repairing and
replacing the Association Property shall be the obligation of the Association. The
Association Property shall be conveyed to the Association in accordance with the provisions
of Section I1L5 hereof.
Section 6. PRIVATE USE. For the term of this Declaration, the Association Property is
not for the use and enjoyment of the public, but is expressly reserved for the private use and
enjoyment of Declarant, the Association, and the Owners, their family members, guests,
invitees and lessees, but only in accordance with this Declaration.
A. Notwithstanding anything in this Declaration to the contrary,
however, Declarant hereby expressly reserves the right to use the Association Property in
connection with the sale and marketing by Declarant of Homes in Nautica Sound and other
communities developed by Declarant or its affiliates, including, but not limited to, the
holding of sales and marketing meetings, engaging in sales promotions and related sales and
marketing activities.
B. The Association Property (except for the Lakes as set forth
herein) shall be for the sole and exclusive use of the Owners and residents ofNautica Sound
and their family members, guests, invitees and lessees.
C. The administration, management, operation and maintenance of
the Association Property shall be the responsibility of the Association, all as is provided
herein and in the Nautica Sound Documents.
D. The right to use the Association Property shall be subject to the
rules and regulations established by the Association.
Section 7. MODEL ROW. Declarant hereby reserves the right to construct a "model
row(s)" in Nautica Sound. The "model row(s)" may contain models for Nautica Sound or
another community, as Declarant and/or any of Declarant's affiliates may so determine, in
their sole discretion. The "model row(s)" may also contain parking and fencing across
FTL:868944
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Streets, Drives, Roads and/or Roadways as Declarant may determine in its sole discretion.
In the event that Declarant and/or any of Declarant's affiliates constructs a "model row(s)"
in Nautica Sound, such "model row(s)" may be used for such period oftime that Declarant
and/or any of Declarant's affiliates determines to be necessary. By his acceptance of a deed
for a Lot in Nautica Sound, each Owner agrees and acknowledges that Declarant and/or any
of Declarant's affiliates have a right to construct a "model row(st and that Declarant and/or
any of its affiliates have an easement over Nautica Sound for ingress and egress to and from
the "model row(s)" and to use and show the models to prospective purchasers in Nautica
Sound or another community being developed by Declarant and/or any of Declarant's
affiliates, as long as such "model row(s)" exists.
ARTICLE III
ADDITIONS TO AND WITHDRAWALS FROM THE PROPERTY
Section 1. ADDITIONS. Declarant may from time to time, in its sole discretion, by
recording appropriate Supplemental Declaration(s) in the Public Records of the County, add
the Additional Property or any other real property to the Property governed by this
Declaration, and may declare all or part of such Additional Property or other property
(including any Improvements thereon) to be Lots or Association Property. Upon the
recording of a Supplemental Declaration, the property described therein shall be deemed part
of the Property as ifit were originally included therein and subject to this Declaration. Any
such Supplemental Declaration may submit the Additional Property or any other real
property to such modifications of the covenants and restrictions contained in this Declaration
as may be necessary or convenient to reflect or adapt to any changes in circumstances or
differences in the character of the Additional Property or other property. Nothing contained
in this Section shall be construed to require the joinder by or entitle a right to consent by
Owners of Lots upon the Property or the Association to any such Supplemental Declaration;
provided, however, the Association shall join in the execution of any such Supplemental
Declaration at the request of Declarant.
Such Additional Property may include, but is not limited to, all or a portion of
the real property described on Exhibit B hereto.
Section 2. DESIGNATION OF ADDITIONAL ASSOCIATION PROPERTY. The
Declarant may, from time to time, by recording Supplemental Declarations in the County,
designate additional portions of the then existing Property owned by it to be Association
Property.
Section 3. DISCLAIMER OF IMPLICATION. Only the real property described in
Exhibit "A" hereto is submitted and declared as the Property subject to this Declaration.
Unless and until a Supplemental Declaration is recorded in the fashion required pursuant to
this Declaration, no other property (including the Additional Property) shall in any way be
deemed to constitute a portion of the Property or be affected by the covenants and restrictions
expressly binding the Property as provided by the terms of this Declaration.
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Section 4. ABSENCE OF OBLIGATION. Nothing in this Declaration shall be construed
to require the Declarant to add the Additional Property to the Property encumbered by this
Declaration or to require it to declare any portion of any properties added to the Property to
be Association Property, nor shall anything in this Declaration be construed to require the
Declarant to declare any portion or portions of the existing Property as Association Property.
Section 5. WITHDRAWAL. Notwithstanding anything herein to the contrary, Declarant
reserves the absolute right at any time to withdraw portions of the Property from the
provisions of this Declaration by recording an appropriate Supplemental Declaration in the
County; provided, however, that, to be effective, any such Supplemental Declaration must
be executed by the Declarant, the Owner of each Lot located on the Property sought to be
withdrawn (if any), and each holder of an Institutional Mortgage on a Lot located on the
Property sought to be withdrawn (if any). Nothing contained in this Section shall be
construed to require the joinder or consent by Owners of Lots upon the portion of the
Property which is not withdrawn by such Supplemental Declaration, such Owners'
Institutional Mortgagees, or the Association.
Section 6. TITLE TO THE ASSOCIATION PROPERTY. The Association Property is
hereby dedicated to the joint and several use in common of the Owners of all Lots that may,
from time to time, constitute part of the Property. When title to all Lots which are subject
to the provisions hereof has been conveyed to non-Declarant purchasers, orfive (5) years
after the conveyance of the first Home and Lot to a non-Declarant purchaser, whichever
occurs first, or earlier at Declarant's option exercisable from time to time, as to any portions
of the Association Property, the Declarant or its successors and assigns shall convey and
transfer to the Association, by quit claim deed, the fee simple title to the Association
Property free and clear of any liens and the Association shall accept such conveyance holding
title for the Owners as aforestated. Such conveyance shall be subject to any real estate taxes
and assessments for the year in which the Association Property is transferred; any covenants,
conditions, restrictions, reservations, limitations, then of record; the easements herein set out;
and any zoning ordinances then applicable, and this Declaration, as amended from time to
time.
The Association shall accept this conveyance of the Association
Property and shall pay all costs of such conveyance including documentary stamps and other
taxes of conveyance, recording charges, title insurance expenses and insurance fees. The
conveyance shall not, however, impair in any way the Declarant's rights and easements as
set forth in this Declaration.
Commencing upon the date this Declaration is recorded, the Association
shall be responsible for the maintenance of the Association Property in a continuous and
satisfactory manner without cost to the general taxpayers of the County. The Association
shall be responsible for the payment of real estate taxes, if any, against the Association
Property including taxes on any Improvements and any personal property thereon accruing
from and after the date this Declaration is recorded.
The Owners of Lots (including Declarant as to Lots owned by it) shall
have no personal liability for any damages for which the Association is legally liable or
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arising out of or connected with the existence or use of any Association Property or any other
property required to be maintained by the Association.
Subject to the foregoing, the Declarant may mortgage any or all portions
of the Association Property to finance construction and development expenses provided that
the mortgagee recognizes the rights of Owners under this Declaration and neither the
Association nor any Owner is personally liable for paying the mortgage. In such event,
neither the Association nor the Owners of Lots upon the Property shall be required to join
in or be entitled to consent to such mortgage. The Association Property shall be released
from any such mortgage no later than the date same is conveyed to the Association.
Section 7. PARKING RIGHTS. The Association may maintain upon the Association
Property parking spaces for Owners, occupants, visitors and guests. The use of such parking
spaces by Owners, occupants, visitors and guests shall be subject to duly adopted rules and
regulations of the Association.
ARTICLE IV
OWNER'S PROPERTY RIGHTS
Section 1. OWNER'S EASEMENTS OF ENJOYlvlENT. Every Owner, family member,
guest, lessee, agent or invitee of an Owner shall have a permanent and perpetual,
nonexclusive easement for ingress and egress over, enjoyment in, and use of Association
Property, which easement shall be appurtenant to, and shall pass with, title to the respective
Lot, in common with all other Owners, their family members, guests, lessees, agents and
invitees. This right shall be subject to the following conditions and limitations:
A. The right and duty of the Association to reasonably limit the
number of guests, invitees or lessees of an Owner using the Association Property.
B. The right and duty of the Association to levy Assessments against
each Lot for the purpose of maintaining, repairing and replacing the Association Property
and facilities thereon in compliance with the provisions of this Declaration and the
restrictions on portions of the Property from time to time recorded by the Declarant.
C. The right of the Association to establish uniform rules and
regulations pertaining to the use of the Association Property.
D. The right of the Association to establish uniform rules and
regulations pertaining to the Lots for the purposes of enhancing the aesthetic uniformity of
the Property.
E. The right of the Association in accordance with its Articles,
Bylaws, and this Declaration, with the vote or written assent of two-thirds (2/3) of the total
voting interests, to borrow money for the purpose of improving the Association Property and
facilities thereon, and, in aid thereof, to mortgage, pledge, or hypothecate any or all of its real
or personal property as security for money borrowed or debts incurred, provided that the
rights of such mortgagee shall be subordinated to the use rights of the Owners.
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F. The right of the Association to dedicate, release, alienate, or
transfer all or any part of the Association Property to any public agency, authority, or utility
for such purposes and subject to such conditions as may be agreed to by the Owners. No
such dedication, release, alienation, or transfer shall be effective, unless Members entitled
to cast two-thirds (2/3) of the total voting interests agree to such dedication, release,
alienation or transfer.
G. The right of the Association to grant easements, rights-of-way
or strips ofland, where necessary, for utilities, sewer facilities, cable T.V., and other services
over the Association Property to serve the Association Property and other portions of the
Property without vote of the Owners.
H. The right of the Declarant and Declarant's officers, directors,
partners, employees, agents, licensees, and invitees to the nonexclusive use of the
Association Property and the facilities thereon, without charge, for sales, display, access,
ingress, egress, construction, and exhibit purposes.
I. The right of the Association, by action of the Board, to
reconstruct, replace, or refinish any Improvement or portion thereof upon the Association
Property, in accordance with the original design, finish, or standard of construction of such
Improvements, or of the general Improvements within the Association Property, as the case
may be.
J. The right of the Association to replace destroyed trees or other
vegetation and plant trees, shrubs, and ground cover upon any portion of the Association
Property .
K. The right, however not the duty, of the Association, by action of
the Board to seek the vacation of publicly dedicated streets, if any, upon the Property.
L. The easements provided elsewhere in this Declaration, including,
but not limited to, this Article IV.
M. The rights of the Association to provide for the maintenance,
preservation and architectural control of Lots and other properties as set forth in this
Declaration.
Section 2. DELEGATION OF USE. Any Owner may delegate, in accordance with the
Bylaws, his right of enjoyment to the Association Property to the members of his family, or
to the lessees who reside in his Home, subject to all of the rules and regulations presently in
effect and any which may become effective in the future, and further subject to reasonable
regulation by the Board.
Section 3. RECOGNITION OF EXISTING EASENlENTS. Each Owner, by acceptance
of a deed or other instrument of conveyance, recognizes and consents to the easements
reserved and/or granted with respect to the Property under this Declaration.
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Section 4. EASEMENTS FOR VEHICULAR TRAFFIC. In addition to the general
easements for use of the Association Property reserved herein, there shall be, and Declarant
hereby reserves, grants, and covenants for itself and all future Owners, its family members,
guests, invitees, lessees, and Institutional Mortgagees of the Property (or portions thereof),
and to the Association, that all of the foregoing shall have a perpetual nonexclusive easement
appurtenant for vehicular traffic over (i) all streets dedicated to the public use, if any, (as well
as alcoves, cuI de sacs, and other private, paved areas abutting or serving the same)
and (ii) any private Streets, Drives, Roads and/or Roadways within or upon the Property.
Section 5. ACCESS EASEMENT. Declarant hereby reserves perpetual, nonexclusive
easements of ingress and egress over and across (i) any and all streets dedicated to the public
use, if any, (as well as alcoves, cui de sacs, and other private, paved areas abutting or serving
the same) and (ii) any private Streets, Drives, Roads and/or Roadways and driveways within
or upon the Property and all other portions of the Property which are necessary or convenient
for enabling Declarant to carry on the work referred to in this Declaration, which easements
shall be for the use of the Declarant, Declarant's employees or agents, Declarant's successors
and assigns, Owners, and the respective lessees, employees, agents, invitees, and licensees
of Declarant and Owners.
Section 6. GRANT AND RESERV A nON OF EASE!v1ENTS. Declarant hereby reserves
and grants the following perpetual, nonexclusive easements over and across the Property as
covenants running with the Property for the benefit of the Owners, the Association, and
Declarant as hereinafter specified for the following purposes:
(A) Utility and Services Easements.
An easement or easements to provide for: (a) installation, service, repair
and maintenance of the equipment required to provide utility services to the Association
Property and the Lots including (but not limited to) power, electric transmission, light,
telephone, cable T.V., gas, water, sewer and drainage, and (b) governmental services,
including (but not limited to), police, fire, health, sanitation and other public service
personnel, including reasonable rights of access for persons and equipment necessary for
such purpose for the benefit of the appropriate utility companies, agencies, franchises or
governmental agencies.
(B) Easement for Encroachment.
An easement for encroachment in favor of an Owner in the event any
portion of his Home or appurtenant Improvements such as a fence now or hereafter
encroaches upon any of the Lots as a result of minor inaccuracies in survey, construction or
due to settlement or movement. Such encroaching Improvements installed by Declarant shall
remain undisturbed for so long as the encroachment exists. Any easement for encroachment
shall include an easement for the maintenance and use of the encroaching Improvements in
favor of the Owner thereof or his designees.
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(C) Maintenance Easements.
(I) Preamble: The Homes in Nautica Sound have been designed and
site planned as "zero lot line" homes, such that each Home is constructed so that all or
portions of one side or both sides of the Home (and fences or masonry walls extending from
such side or sides) are situated on the side boundary lines of the Lot. Because of this design,
it is necessary to provide a means by which the Owner of a Lot ("Dominant Lot") may have
access to the "zero lot line" sides of the Home (and other portions of his Lot and Home) in
order to maintain portions of the Lot, the side of the Home, the roof and other applicable
portions of the Home and Lot, and so that rain water may run off the roof of a particular
Home onto the easement area described below. Because such access must be, of necessity,
over those portions of the neighboring Lot or Lots ("Servient Lot(s)") adjacent to the "zero
lot line" side(s) of the Home, Declarant hereby makes provision for the "Maintenance
Easements" declared and regulated pursuant to this Section 6 (as well as similar easements
for the aforesaid purposes which may, but need not, appear on the Plat or Additional Plat).
(2) Creation and Extent of Maintenance Easement: Declarant hereby
reserves a permanent and perpetual non-exclusive maintenance easement in favor of each
Dominant Lot over the unimproved portion of the Servient Lot(s) adjacent to the building
lines of the Home located on the Dominant Lot, which building lines are co-extensive with
the Lot lines dividing the aforesaid Lots ("Maintenance Easement"). Said Maintenance
Easement shall be appurtenant to and pass with the title of the Dominant Lot and the Servient
Lot(s). The Maintenance Easement shall be only as extensive as reasonably necessary to
permit the Owner of a Dominant Lot to make the uses described in the Preamble above,
subparagraph (3) below and for rainwater run-off but in no event, less than the greater of
seven (7) feet in width or as may be otherwise shown as an access or similar easement on the
Plat or Additional Plat.
(3) Use and Conditions of Maintenance Easement: The Owner of
a Dominant Lot, his guests, invitees, contractors, subcontractors, suppliers, laborers and other
service personnel, shall be entitled to enter onto the appurtenant Maintenance Easement for
purposes of maintaining, repairing and replacing portions of his Lot and Home including,
without limitation, the Home's walls, roof, fence, landscaping and other installations which
cannot be conveniently or properly maintained, repaired or replaced solely from the
Dominant Lot. The right of each Owner of the Dominant Lot to use the Maintenance
Easement shall be limited to the aforesaid uses and such Owner shall not do anything within
the Servient Lot(s) which shall cause damage to the Servient Lot(s) or any Improvement or
landscaping thereon which is not promptly and fully remedied by said Owner to return 'such
damaged Improvement or landscaping to the' condition immediately preceding said damage,
create an undue hazard to persons or pets located on or coming into the Servient Lot(s) or is
in furtherance of any activity as to the Dominant Lot or the Home thereon which is, or would
result in, a violation of the restrictions set forth in the Nautica Sound Documents. The
Owner of the Dominarit Lot shall, by virtue of making use of any Maintenance Easement,
be deemed to indemnify the Owner of a Servient Lot for any and all losses, costs, expense
or damage to any person or property incurred by reason of the former's violations of the
restrictions contained herein.
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(4) Servient Lot Owner Duties: Owners of Servient Lots shall not
make any improvement to the Servient Lot, including, without limitation, the placement of
fences or landscaping, which would unreasonably interfere with the permissible uses of any
maintenance or access easement appurtenant to the adjoining Dominant Lot reserved hereby.
(5) Reciprocity: Each Owner, by acceptance of a deed for a Lot,
hereby acknowledges and agrees that such Owner's Lot may not only be a Dominant Lot
having rights across adjacent Servient Lots as hereinbefore described but also a Servient Lot
encumbered by the easement rights hereinbefore described in favor of the Dominant Lots
adjacent to such Lot.
(D) Easement to Enter Upon Lots.
An easement or easements for ingress and egress in favor of the
Association, including the Board or the designee of the Board, to enter upon the Lots for the
purposes of fulfilling its duties and responsibilities of ownership, maintenance and/or repair
in accordance with the Nautica Sound Documents, including, by way of example, the making
of such repairs, maintenance or reconstruction as are necessary for the Association Property
and to maintain any Lot, including the Buffer thereon, if any, in the event the Owner thereof
fails to do so.
(E) Easement Over Association Property.
An easement of enjoyment in favor of all Owners, their family
members, guests, invitees and lessees in and to the Association Property which shall be
appurtenant to and shall pass with title to every Lot in the Property, subject to the following:
(1) the right of the Association to suspend the voting rights of any
Owner and rights to use the Association Property of any Owner for any period during which
assessments against his Lot(s) remain unpaid;
(2) the right of the Association to grant permits, licenses and
easements over the Association Property for utilities and other purposes reasonably necessary
or useful for the proper maintenance or operating of the Property; and
(3) all provisions set forth in the Nautica Sound Documents.
(F) Easement for Roof Overhan~.
An easement or easements to provide for the roof overhang in favor of
an Owner including rights of access for persons or equipment necessary to maintain, repair
and replace such roof overhang.
(0) Draina~e and Irri~ation Easement.
An easement for drainage, flowage and irrigation over, under and upon
the Property, including each of the Lots, in favor of the Association and each of the Owners,
including, but not limited to, reasonable rights of access for persons and equipment to
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construct, install, maintain, alter, inspect, remove, relocate and repair the water drainage
system, flowage pipes and irrigation pipes.
Section 7. ASSIGNMENTS. The easements reserved hereunder may be assigned by
Declarant or the Association in whole or in part to any city, County or state government or
agency thereof, or any duly licensed or franchised public utility, or any other designee of
Declarant. The Owners hereby authorize Declarant and/or the Association to execute, on
their behalf and without further authorization, such grants of easement or other instruments
as may from time to time be necessary to grant easements over and upon the Property or
portions thereof in accordance with the provisions of this Declaration.
Notwithstanding anything in this Declaration to the contrary, all
easement rights reserved or granted to Declarant shall terminate upon Declarant no longer
holding title to any Lot or Home on the Property for sale in the ordinary course of business
or holding a leasehold interest to any Lot or holding a mortgage on a Lot or Home on the
Property. In addition, the easement rights granted or reserved by Declarant hereunder are not
to be construed as creating an affirmative obligation to act on the part of Declarant.
ARTICLE V
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION:
BOARD: DURATION OF THE ASSOCIATION
Section 1. MEMBERSHIP AND VOTING RIGHTS. Membership in the Association
shall be established and terminated as set forth in the Articles. Each Member shall be
entitled to the benefit of, and be subject to, the provisions of the Nautica Sound Documents.
The voting rights of the Members shall be as set forth in the Articles.
Section 2. BOARD. The Association shall be governed by the Board which shall be
appointed, designated or elected, as the case may be, as set forth in the Articles.
Section 3. DURATION OF ASSOCIATION. The duration of the Association shall be
perpetual, as set forth in the Articles.
ARTICLE VI
COVENANT TO PAY ASSESSMENTS: ESTABLISHMENT OF LIENS:
COLLECTION OF ASSESSMENTS: COLLECTION BY DECLARANT:
CERTAIN RIGHTS OF DECLARANT AND INSTITUTIONAL MORTGAGEES
Section 1. AFFIRMATIVE COVENANT TO PAY ASSESSMENTS. In order to': (i)
fulfill the terms, provisions, covenants and conditions contained in the Nautica Sound
Documents; and (ii) maintain, operate and preserve the Association Property for the use,
safety, welfare and benefit of the Members and their family members, guests, invitees and
lessees, there is hereby imposed upon each Contributing Lot and Contributing Lot Owner the
affirmative covenant and obligation to pay to the Association (in the manner herein set forth)
all Assessments, including, but not limited to, the Individual Lot Assessments and Special
Assessments. Each Owner other than Declarant by acceptance of a deed or other instrument
of conveyance conveying a Lot within the Property, whether or not it shall be so expressed
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in such deed or instrument, shall be obligated and agrees to pay to the Association all
Assessments in accordance with the provisions of the Nautica Sound Documents.
The following expenses of the Association are hereby declared to be
Operating Expenses which the Association is obligated to assess and collect, and which the
Contributing Lot Owners are obligated to pay as provided herein or as may be otherwise
provided in the Nautica Sound Documents:
(I) any and all taxes and tax liens which may be assessed or levied at any and
all times against the Association Property or against any and all personal property
Improvements thereon; (2) all charges levied for utilities providing services for the
Association Property such as water, gas, electricity, telephone, cable television, sanitation,
sewer and any type of utility or any other type of service charge which is not separately
billed to an Owner; (3) the premiums on policies of insurance including, but not limited to,
liability and casualty insurance for the Association Property; (4) any sums necessary,
including reserves, for the maintenance, repair and replacement of the Association Property
and all Improvements located thereon; (5) administrative and operational expenses; and (6)
any and all expenses deemed to be Operating Expenses by the Association.
The Operating Expenses with respect to the Association Property are payable by each
Contributing Lot Owner to the Association notwithstanding the fact that Declarant may not
have as yet conveyed title to the Association Property to the Association.
Section 2. ESTABLISHMENT OF LIENS. Any and all Assessments made by the
Association in accordance with the provisions of the Nautica Sound Documents with Interest
thereon and costs of collection, including, but not limited to, Legal Fees, are hereby declared
to be a charge and continuing lien upon each Contributing Lot against which each such
Assessment is made. Each Assessment against a Contributing Lot, together with Interest
thereon and costs of collection, including, but not limited to, Legal Fees, shall be the personal
obligation of the Contributing Lot Owner of such Contributing Lot. Said lien shall be
effective only from and after the time of the recordation amongst the Public Records of the
County of a written, acknowledged statement by the Association setting forth the amount due
to the Association as of the date the statement is signed. Upon full payment of all sums
secured by that lien, the party making payment shall be entitled to a satisfaction of the
statement of lien in recordable form. Notwithstanding anything to the contrary herein
contained, where an Institutional Mortgagee of record obtains title to a Contributing Lot as
a result of foreclosure of its first mortgage or deed in lieu of foreclosure, such acquiror of
title, its successors or assigns, shall not be liable for the share of Assessments pertaining to
such Contributing Lot or chargeable to the former Contributing Lot Owner thereof which
became due prior to the acquisition of title as a result of the foreclosure or deed in lieu
thereof, unless the Assessment against the Contributing Lot in question is secured by a claim
of lien for Assessments that is recorded prior to the recordation of the mortgage which was
foreclosed or with respect to which a deed in lieu of foreclosure was given.
Section 3. COLLECTION OF ASSESSMENTS. In the event any Contributing Lot
Owner shall fail to pay any Assessment, or installment thereof, charged to such Contributing
Lot Owner within fifteen (15) days after the same becomes due, then the Association,
through its Board, shall have any and all of the following remedies to the extent permitted
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by law, which remedies are cumulative and which remedies are not in lieu of, but are in
addition to, all other remedies available to the Association:
1. To accelerate the entire amount of any Assessments for the remainder
of the calendar year notwithstanding any provisions for the payment thereof in installments.
2. To advance on behalf of the Contributing Lot Owner(s) in default funds
to accomplish the needs of the Association up to and including the full amount for which
such Contributing Lot Owner(s) is liable to the Association and the amount or amounts of
monies so advanced, together with Interest and all costs of collection thereof, including, but
not limited to, Legal Fees, may thereupon be collected by the Association from the
Contributing Lot Owner(s) and such advance by the Association shall not waive the default.
3. To file an action in equity to foreclose its lien at any time after the
effective date thereof as provided in Section 2 hereinabove. The lien may be foreclosed by
an action in the name of the Association in like manner as a foreclosure of a mortgage on real
property.
4. To file an action at law to collect said Assessment plus Interest and all
costs of collection thereof, including, but not limited to, Legal Fees, without waiving any lien
rights or rights of foreclosure in the Association.
5. 'To charge Interest on such Assessment from the date it becomes due,
as well as a late charge of TWENTY-FIVE DOLLARS ($25) by the Association to defray
additional collection costs.
Section 4. COLLECTION BY DECLARANT. In the event for any reason the
Association shall fail to collect the Assessments, Declarant shall at all times have the right
(but not the obligation): (i) to advance such sums as the Association could have advanced
as set forth above; and (ii) to collect such Assessments and, if applicable, any such sums
advanced by Declarant, together with Interest and costs of collection, including, but not
limited to Legal Fees; using the remedies available to the Association against a Contributing
Lot Owner as set forth in Section 3 above, which remedies are hereby declared to be
available to Declarant.
Section 5. RIGHTS OF DECLARANT AND INSTITUTIONAL MORTGAGEES TO
PAY ASSESSMENTS AND RECEIVE REIMBURSEMENT. Declarant and any
Institutional Mortgagee(s) shall have the right, but not the obligation, jointly or singularly,
and at their sole option, to pay any of the Assessments which are in default and which'may
or have become a charge against any Contributing Lot(s). Further, Declarant and any
Institutional Mortgagees shall have the right, but not the obligation, jointly or singularly, and,
at their sole option, to pay insurance premiums or fidelity bond premiums or other required
items of Operating Expenses on behalf of the Association where the same are overdue and
where lapses in policies or services may occur. Declarant and any Institutional Mortgagees
paying overdue Operating Expenses on behalf of the Association will be entitled to
immediate reimbursement from the Association plus Interest and any costs of collection
including, but not limited to, Legal Fees, and the Association shall execute an instrument in
recordable form to this effect and deliver the original of such instrument to each Institutional
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Mortgagee who is so entitled to reimbursement and to Declarant if Declarant is entitled to
reimbursement.
ARTICLE VII
METHOD OF DETERMINING ASSESSMENTS AND ALLOCATION OF
ASSESSMENTS
Section 1. DETERMINING AMOUNT OF ASSESSMENTS. The total anticipated
Operating Expenses for each calendar year shall be set forth in the budget ("Budget")
prepared by the Board as required under the Nautica Sound Documents. The total
anticipated Operating Expenses (other than those Operating Expenses which are properly the
subject of a Special Assessment) shall be apportioned equally among the Contributing Lots
by dividing the total anticipated Operating Expenses as reflected by the Budget, other than
those Operating Expenses which are properly the subject of a Special Assessment (adjusted
as hereinafter set forth), by the total number of Contributing Lots which have been conveyed
by Declarant (as evidenced by the issuance of a certificate of occupancy and the recordation
of a deed of conveyance), with the quotient thus arrived at being the "Individual Lot
Assessment." Notwithstanding anything in the Nautica Sound Documents to the contrary,
any assessment for legal expenses incurred by the Association to begin legal proceedings
against Declarant shall be deemed an Operating Expense which is properly the subject of a
Special Assessment and not the subject of a regular Individual Lot Assessment.
Section 2. ASSESSMENT PAYMENTS. The Individual Lot Assessments shall be
payable quarterly, in advance, on the first day of January, April, July and October of each
year, provided, however, at the Association's option, Individual Lot Assessments may be
payable monthly. The Individual Lot Assessments, and the quarterly installments thereof,
as well as all Assessments provided for herein and all installments thereof may be adjusted
from time to time by the Board to reflect changes in the number and status of Contributing
Lots (thus apportioning all such Assessments and installments thereof among all
Contributing Lots in existence at the time such installment is due) or changes in the Budget
or in the event that the Board determines that the Assessments or any installment thereof is
either less than or more than the amount actually required. When a Contributing Lot not in
existence when the Assessment was determined ("New Improved Lot") comes into existence
during a period with respect to which an Assessment or installment thereof has already been
assessed, the New Improved Lot shall be deemed assessed the amount of such Assessment
or installment thereof which was assessed against Improved Lots in existence at the time of
such Assessment, prorated from the date the New Improved Lot comes into existence
through the end of the period in question. If the payment of such Assessment or installment
thereof was due at the time the New Improved Lot came into existence or prior thereto; said
prorated amount thereof shall be immediately due and payable.
Section 3. SPECIAL ASSESSMENTS. "Special Assessments" include, in addition to
other Assessments designated as Special Assessments in the Nautica Sound Documents and
whether or not for a cost or expense which is included within the definition of "Operating
Expenses," those Assessments which are levied for capital improvements which include the
costs (whether in whole or in part) of constructing or acquiring Improvements for, or on, the
Association Property or the cost (whether in whole or in part) of reconstructing or replacing
such Improvements. Notwithstanding anything to the contrary herein contained, it is
FTL:86894:4
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recognized and declared that Special Assessments shall be in addition to, and are not part of,
any "Individual Lot Assessment". Any such Special Assessments assessed against
Contributing Lots and Contributing Lot Owners thereof shall be paid by such Contributing
Lot Owners in addition to any other assessments. Special Assessments shall be assessed in
the same manner as the Individual Lot Assessment. Special Assessments shall be paid in
such installments or in a lump sum as the Board shall, from time to time, determine.
Notwithstanding the foregoing, the levying of any Special Assessment after the "Turnover
Date" (as defined in the Articles) shall require the affirmative assent of at least two-thirds
(2/3) of all Contributing Lot Owners represented in person or by proxy at a meeting called
and held in accordance with the Bylaws. Prior to the Turnover Date, a Declarant controlled
Board may make a Special Assessment without the consent of the Contributing Lot Owners.
Section 4. LIABILITY OF CONTRIBUTING OWNERS FOR INDIVIDUAL
ASSESSMENTS. By the acceptance of a deed or other instrument of conveyance of a Lot
in the Property, each Owner thereof acknowledges that each Contributing Lot and the
Contributing Lot Owners thereof are jointly and severally liable for their own Individual Lot
Assessment and their applicable portion of any Special Assessments as well as for any and
all other Assessments for which they are liable as provided for herein. Such Contributing Lot
Owners further recognize and covenant that they are jointly and severally liable with the
Contributing Lot Owners of all Contributing Lots for the Operating Expenses (subject to any
specific limitations provided for herein such as, but not limited to, the limitation with respect
to matters of Special Assessments and the limitations on the liability of Institutional
Mortgagees and their successors and assigns). Accordingly, subject to such specific
limitations, it is recognized and agreed by each Owner who is or becomes a Contributing Lot
Owner, for himself and his heirs, executors, successors and assigns, that in the event
Contributing Lot Owners fail or refuse to pay their Individual Lot Assessment or any portion
thereof or their respective portions of any Special Assessments or any other Assessments,
then the other Contributing Lot Owners may be responsible for increased Individual Lot
Assessments or Special Assessment or other Assessments due to the nonpayment by such
other Contributing Lot Owners, and such increased Individual Lot Assessment or Special
Assessment or other Assessment can and may be enforced by the Association and Declarant
in the same manner as all other Assessments hereunder as provided in the Nautica Sound
Documents.
Section 5. WORKING CAPITAL CONTRIBUTION. Each Owner who purchases a Lot
with a Home thereon from Declarant shall pay to the Association at the time legal title is
conveyed to such Owner, a "Working Capital Contribution." The Working Capital
Contribution shall be an amount equal to a two months' share of the annual Operating
Expenses applicable to such Lot pursuant to the initial Budget (which may be different from
the Budget in effect at the time of closing). The purpose of the Working Capital
Contribution is to insure that the Association will have cash available for initial start-up
expenses, to meet unforeseen expenditures or to acquire additional equipment and services
deemed necessary or desirable by the Board. Working Capital Contributions are not advance
payments of Individual Lot Assessments and shall have no effect on future Individual Lot
Assessments, nor will they be held in reserve. Working Capital Contributions may be used
to offset Operating Expenses.
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Section 6. WAIVER OF USE. No Owner, other than Declarant, may exempt himself
from personal liability for assessments duly levied by the Association. No Owner may
release the Lot owned by him from the liens and charges hereof either by waiver of the use
and enjoyment of the Association Property and the facilities thereon or by abandonment of
his Home.
ARTICLE VIII
ARCHITECTURAL CONTROL COMMITTEE
Section 1. MEMBERS OF THE COMMITTEE. The Architectural Control Committee,
sometimes referred to in this Declaration as the "Committee", shall consist of three members.
The initial members of the Committee shall consist of persons designated by Declarant.
Each of said persons shall hold office until all Lots and Homes have been conveyed or at
such earlier time as the Declarant may, at its sole option, elect. Thereafter, each new member
of the Committee shall be appointed by the Board and shall hold office until such time as he
has resigned or has been removed or his successor has been appointed, as provided herein.
Members of the Committee, other than those designated by the Declarant, may be removed
at any time without cause. The Board shall have the sole right to appoint and remove all
members of the Committee other than those designated by the Declarant.
Section 2.
REVIEW OF PROPOSED CONSTRUCTION.
, A. Subject to Section B of this Section 2, no buildings, fences, walls,
pools, roofs, gutters or rain spouts, antennae, aerials, microwaves, external enclosures
(including entry screen and patio screen enclosures), landscaping (including hedges and
massed plantings) or other Improvements shall be commenced, erected, installed, altered,
modified, painted, planted, or maintained on the Property, including the Lots, nor shall any
canopy, shutters, or window coverings be attached to or placed upon outside walls or roofs
of any Home or building by any Owner other than Declarant until and unless two (2)
complete sets of the plans and specifications prepared by an architect, landscape architect,
engineer or other person found to be qualified, showing the nature, dimensions, materials and
location of the same have been submitted to and approved in writing by the Committee.
B. The Committee shall approve proposals of plans and
specifications submitted for its approval only if it deems that the construction, alterations or
additions contemplated will not be detrimental to the appearance of the surrounding area of
the Property as a whole, and that the appearance of any structure affected thereby will be in
harmony with the surrounding structures and is otherwise desirable. The Committee may
also issue rules or guidelines setting forth procedures for the submissions of plans and
specifications. If the proposed construction, alterations or additions are to a portion of the
Improvements which the Association is obligated to maintain, said approval shall also be
subject to approval by the Board. The Committee may condition its approval of proposals
in such a manner as it deems appropriate and may require the submission of additional
information prior to approving or disapproving such plans.
C. The Committee shall have forty-five (45) days after delivery of
all required materials to approve or reject any such plans and, if not approved within such
forty-five (45) day period, such plans shall be deemed rejected, provided that, in any event,
FTL:86894:4
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no such addition, construction or alteration shall be made by any Owner which is detrimental
or inconsistent with the harmony, appearance or general scheme of the Property as a whole.
D. No landscaping or other Improvements on the Lake Lots which
interfere with the view of the Lake by immediate neighbors who are also Lake Lot Owners
shall be permitted. In its review of proposed plans and specifications of landscape design
and materials for Lake Lots, including, but not limited to, any massed plantings, the
Committee will take into consideration the effect on Lake views of such landscaping, both
at the proposed time of installation and at the time when maximum growth shall have
occurred. The only fence type allowed on the back and sides of a Lake Lot shall be an
aluminum rail picket fence, with the rails no closer together than three inches (3 ") on center
and having a height of no greater than sixty inches (60"). Notwithstanding anything to the
contrary in this Declaration, such aluminum rail picket fence is the only type of fence which
the Committee may approve for installation on the back or sides of a Lake Lot.
E. Notwithstanding any provision in this Article to the contrary, the
approval of the Committee shall not be required for any additions, changes or alterations
within any Homes if such additions, changes or alterations are not visible from outside of
such Homes. All changes and alterations shall be subject, independently, to all applicable
governmental laws, statutes, ordinances, rules and regulations.
F. Notwithstanding anything to the contrary herein contained, no
construction, reconstruction, addition or alteration by Declarant shall require the prior
approval or any certificate of consent of the Committee.
Section 3. MEETINGS OF THE COMMITTEE. The Committee shall meet from time
to time as necessary to perform its duties hereunder. The Committee may from time to time
by resolution unanimously adopted in writing, designate a Committee representative (who
may, but need not, be one of its members) to take any action or perform any duties for and
on behalf of the Committee, except the granting of variances pursuant to Section 8 hereof.
In the absence of such designation, the vote of any two members of the Committee shall
constitute an act of the Committee.
Section 4. NO WAIVER OF FUTURE APPROVALS. The approval of the Committee
of any proposals of plans and specifications or drawings for any work done or proposed shall
not be deemed to constitute a waiver of any right to withhold approval or consent as to any
identical or similar proposal subsequently or additionally submitted for approval or consent,
whether such submission is by that applicant or another applicant.
Section 5. COMPENSATION OF MEMBERS. The members of the Committee shall
receive no compensation for services rendered, other than reimbursement for expenses
incurred by them in the performance of their duties hereunder.
Section 6. INSPECTION OF WORK. Inspection of work and correction of defects
therein shall proceed as follows:
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through D of this Section I be caused by the negligence or misuse by an Owner, his family,
guests, servants, invitees, or lessees he shall be responsible therefor, and the Association
shall have the right to levy a Special Assessment against the Owner of such Lot, and said
Assessment shall constitute a lien upon the applicable Lot and Home with the same force and
effect as liens for Operating Expenses.
F. The Association has the reasonable right of entry upon any Lot
to make emergency repairs and to do other work reasonably necessary for the proper
maintenance and operation ofNautica Sound.
Section 2.
BY THE OWNERS.
A. The Owner of each Lot must keep and maintain the Lot and the
Improvements thereon, including equipment and appurtenances, in good order, condition and
repair, and must perform promptly all maintenance and repair work within his Home which,
if omitted, would adversely affect Nautica Sound, the other Owners or the Association and
its Members. The Owner of each Lot shall be responsible for any damages caused by a
failure to so maintain such Lot and Home. The Owners' responsibility for maintenance,
repair and replacement shall include, but not be limited to, all of the physical structure
constructed in, upon or below the Lot, and physical items attached or connected to such
structure that run beyond the boundary line of the Lot which exclusively service or benefit
the Lot and Home. The painting, caulking and maintenance of the exterior surface of the
walls, doors, windows and roof of the physical structure of the Home shall be done by the
Owner, and, the exterior surface of such walls, doors, windows and roof shall at all times be
maintained in a good and serviceable condition with no damage or other defect therein by
the Owner. The Owner of a Lot further agrees to pay for all utilities, such as telephone, cable
television, water, sewer, sanitation, electric, etc., that may be separately billed or charged to
each Home. The Owner of each Lot shall be responsible for the costs of the sprinkler system
servicing the Lot, including, but not limited to, the costs of operation and maintenance, and
the cost of repair or replacement to all or any part thereof. The Owner of each Lot shall be
responsible for insect and pest control within the Lot and Home. Whenever the maintenance,
repair and replacement of any items which an Owner is obligated to maintain, repair or
replace at his own expense, is occasioned by any loss or damage which may be covered by
any insurance maintained in force by the Association, the proceeds of the insurance received
by the Association shall be used for the purpose of making such maintenance, repair or
replacement, except that the Owner shall be, in said instance, required to pay such portion
of the costs of such maintenance, repair and replacement as shall, by reason of the
applicability of any deductibility provision of such insurance or otherwise, reduce the amount
of the insurance proceeds applicable to such maintenance, repair or replacement. '
B. The Owner of each Lot shall maintain and care for any lawns
which are encompassed within the Lot. "Maintenance and care" within the meaning of this
Subsection "B" shall include irrigating, mowing, edging, fertilizing, and spraying oflawns,
and replacement of sod. All lawns shall be maintained free from unsightly bald spots or dead
grass and shall be uniform in texture and appearance with surrounding lawns in Nautica
Sound. In addition to the foregoing, each Lake Lot Owner shall maintain and care for the
grassed area abutting his Lot which is located between his Lot and the edge of water.
FTL:86894:4
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c. The Owner of each Lot shall maintain and care for all
landscaping encompassed within the Lot including any Buffer thereon. "Maintenance and
care" within the meaning of this Subsection "C" shall include irrigating, fertilizing, spraying
and trimming of landscaping and replacement of same so that, at a minimum, the initial
landscaping for the Lot provided by the Declarant shall be maintained. In addition to the
foregoing, each Lake Lot Owner shall irrigate the upland littoral plantings situated in the
Grassed Area abutting his Lot.
D. Ifa Home is damaged by fire or other casualty, its Owner shall
properly and promptly restore it to at least as good a condition as it was before the casualty
occurred. Any such work shall be in accordance with the original plans and specifications
of the Home unless otherwise authorized by the Board and shall be otherwise subject to all
provisions of Article VIII hereof.
E. Each Owner shall keep his Home insured in an amount not less
than its full insurable value against loss or damage by fire or other hazards. Evidence of such
coverage shall be furnished to the Association promptly upon the Board's request.
F. If an Owner fails to comply with the foregoing provisions of this
Section 2, the Association may proceed in court to enjoin compliance. Further, if the failure
to comply relates to the Owner's obligations to maintain insurance, the Association shall be
entitled, although not obligated, to obtain the required coverage itself and to levy on the
offending Owner a Special Assessment equal to the cost of premiums, and any such Special
Assessment shall constitute a lien upon the applicable Lot and Home with the same force and
effect as a lien for Operating Expenses.
G. Ifa failure to comply with the provisions of this Section 2 relates
to the Owner's obligation to maintain the Home, lawn and landscaping, then, in addition to
the exercise of all other remedies, the Association shall have the right to secure those services
necessary to correct such failure to comply and to impose the cost of such corrective action
upon the noncomplying Owner, provided the following procedures are adhered to:
(1) Notice. The Association shall notify the Owner in writing
of the noncompliance and set forth the corrective action to be taken. Included in the notice
shall be the date and time of the next Board meeting. The Owner shall immediately take the
necessary corrective action or appear at the Board meeting to contest the corrective action.
Any such notice shall be given at least five (5) days prior to the date of the Board meeting
at which the Owner may be heard.
(2) Hearing. Should the Owner not take the required
corrective action, the noncompliance shall be presented to the Board after which the Board
shall hear reasons why corrective action should not be taken. A written decision ofthe Board
shall be submitted to the Owner not later than twenty-one (21) days after said meeting.
(3 ) Assessment. Should the Owner not then take the required
corrective action within seven (7) days of the Board's written decision, the Board shall
undertake the corrective action at the Owner's cost. The cost of corrective action, if any,
shall be paid not later than thirty (30) days after notice of the imposition for Assessment of
FTL:86894:4
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the said cost. Such cost shall be treated as an Assessment subject to the provisions for the
collection of Assessments as otherwise set forth herein.
Section 3. DAMAGE TO BUILDINGS. Any Home which has suffered damage may
apply through the Owners thereof for approval to the Architectural Control Committee for
reconstruction, rebuilding, or repair of the Improvements therein. The Architectural Control
Committee shall grant such approval only if upon completion of the work the exterior
appearance will be substantially similar to that which existed prior to the date of the casualty.
If the obligation for repair falls upon the Association, Architectural Control Committee
approval will not be required prior to the commencement of such work, so long as the
exterior appearance will be substantially similar to that which existed prior to the date of the
casualty.
The Owner or Owners of any damaged building, the Association, and
the Architectural Control Committee shall be obligated to proceed with all due diligence
hereunder and the responsible parties shall commence reconstruction within three (3) months
after the damage occurred and complete reconstruction within one (1) year after the damage
occurs, unless prevented by causes beyond his or its reasonable control.
The Declarant shall be exempt from the provisions of this Section 3,
provided that any such reconstruction, rebuilding or repairs made by the Declarant shall be
consistent, as to the exterior appearance, with the Improvements as they existed prior to the
damage or other casualty.
ARTICLE X
RULES AND REGULATIONS
All of the Property shall be held, used, and enjoyed subject to the following
limitations and restrictions, and any and all additional rules and regulations which may, from
time to time, be adopted by the Association;
Section 1. ENFORCEMENT. Failure of an Owner to comply with such rules and
regulations shall be grounds for action which may include, without limitation, an action to
recover sums due for damages, injunctive relief, or any combination thereof.
In addition to all other remedies and in the sole discretion of the Board,
a fine or fines may be imposed upon an Owner for failure of an Owner, his family, guests,
invitees, lessees or employees to comply with any rule or regulation provided the following
procedures are adhered to: -
A. Notice. The Association shall notify the Owner in writing of the
infraction or infractions and its intention to impose a fine on the Owner. Included in the
notice shall be the date and time of the next Board meeting. The Owner shall immediately
comply or appear at the Board meeting to contest the infraction or the fine. Any such notice
shall be given at least five (5) days prior to the date of the Board meeting at which the Owner
may be heard.
FTL:86894:4
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B. Hearing. Should the Owner still be in noncompliance, the
noncompliance shall be presented to the Board after which the Board shall hear reasons why
a fine should or should not be imposed. A written decision of the Board shall be submitted
to the Owner not later than twenty-one (21) days after said meeting.
C. Payment. A fine shall be paid not later than thirty (30) days after
notice of the imposition of the fine.
D. Fines. A fine shall be treated as an Assessment subject to the
provisions of the collection of Assessments as otherwise set forth herein, and shall constitute
a lien upon the applicable Lot and Home with the same force and effect as a lien for
Operating Expenses. All monies received from fines shall be allocated as directed by the
Board, subject always to the provisions of this Declaration.
E. Action by Association. In addition to imposing a fine and when
it shall be deemed appropriate, the Association shall have the right (i) to undertake the
corrective action not performed by the noncomplying Owner and (ii) to be reimbursed by the
Owner for any and all costs associated therewith.
F. Non-Exclusive Remedy. These fines shall not be construed to
be exclusive and shall exist in addition to all other rights and remedies to which the
Association may be otherwise legally entitled. However, any penalty paid by the offending
Owner shall be deducted from or offset against any damages which the Association may
otherwise be entitled to recover by law from such Owner.
Section 2. NUISANCES. No obnoxious or offensive activity shall be carried on about
the Lots or in or about any improvements, Homes, or on any portion ofNautica Sound nor
shall anything be done therein which may be or become an unreasonable annoyance or a
nuisance to any Owner. No use or practice shall be allowed in or around the Homes which
is a source of annoyance to Owners or occupants of Homes or which interferes with the
peaceful possession or proper use of the Homes or the surrounding areas. No loud noises or
noxious odors shall be permitted in any Improvements, Homes or Lots. Without limiting the
generality of any of the foregoing provisions, no horns, whistles, bells or other sound devices
( other than security devices used exclusively for security purposes), noisy or smoky vehicles,
large power equipment or large power tools, unlicensed off-road motor vehicles or any items
which may unreasonably interfere with television or radio reception of any Owner shall be
located, used or placed on any Lot, or exposed to the view of other Owners without the prior
written approval of the Board.
Section 3. PARKING AND VEHICULAR RESTRICTIONS. Parking upon the Property
shall be restricted to the drive and garage located upon each Lot. No parking on the streets
or swales is permitted. No Owner shall keep any vehicle on the Lots which is deemed to be
a nuisance by the Board. No Owner shall conduct repairs taking more than twenty-four (24)
hours (except in an emergency or except within the garage of the Home with the garage door
closed) or restorations of any motor vehicle, boat, trailer, or other vehicle upon the Lots. No
commercial vehicle, trailer, boat or boat trailer may be parked or stored on the Property
except in the garage of a Home located upon a Lot. No bus or tractor-trailer or any other
truck larger than a full-size pickup truck may be parked on the Property, except temporarily
FTL:86894:4
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as in the case of a moving van or other such vehicle necessary to provide service to an Owner
and with the exception of any vehicles necessary for any construction activity being
performed by or on behalf of Declarant.
Section 4. NO IMPROPER USE. No improper, offensive, hazardous or unlawful use
shall be made of any Home nor shall anything be done thereon tending to cause
embarrassment, discomfort, annoyance or nuisance to any person using any portion of the
Property. All valid laws, zoning ordinances and regulations of all governmental bodies
having jurisdiction thereover shall be observed. Violations oflaws, orders, rules, regulations
or requirements of any governmental agency having jurisdiction there over, relating to any
Home shall be corrected by, and at the sole expense of, the Home's Owner.
Section 5. LEASES. No portion of a Home (other than an entire Home) may be rented.
All leases shall provide that the Association shall have the right to terminate the lease upon
default by the tenant in observing any of the provisions of this Declaration, the Articles, the
Bylaws, applicable rules and regulations, or of any other agreement, document or instrument
governing the Lots or Homes. The Owner of a leased Home shall be jointly and severally
liable with his tenant for compliance with the Nautica Sound Documents and to the
Association to pay any claim for injury or damage to property caused by the negligence of
the tenant. Every lease shall be subordinated to any lien filed by the Association whether
before or after such lease was entered into.
Section 6. ANIMALS AND PETS. Only common domesticated household pets may be
kept on any Lot or in a Home, but in no event for the purpose of breeding or for any
commercial purposes whatsoever. No other animals, livestock, reptiles or poultry of any
kind shall be kept, raised, bred or maintained on any portion of the Property. Permitted pets
shall only be kept subject to and in accordance with such rules and regulations as shall be
promulgated from time to time by the Board. Under no circumstances may a pit bull be
permitted on the Property. Any pet must be carried or kept on a leash when outside of a
Home or fenced-in area. No pet shall be kept tied up when outside of a Home or in any
screened porch or patio, unless someone is present in the Home. An Owner shall
immediately pick up and remove any solid animal waste deposited by his pet on the Property.
An Owner is responsible for the cost of repair or replacement of any Association Property
damaged by his pet.
Each Owner who determines to keep a pet thereby agrees to indemnify
the Association and Declarant and hold them harmless against any loss or liability of any
kind or character whatsoever arising from or growing out of his having any animal on the
Property. -
Section 7. ADDITIONS AND AL TERA TIONS. No Home shall be enlarged by any
addition thereto or to any part thereof, and no Owner shall make any improvement, addition,
or alteration to the exterior of his Home, including, without limitation, the painting, staining,
or varnishing of the exterior of the Home, including doors and garage doors, without the
prior written approval of (i) the Committee as set forth in Article VIII of this Declaration,
which approval may be withheld for purely aesthetic reasons, and (ii) all applicable
governmental entities.
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Section 8. INCREASE IN INSURANCE RATES. No Owner may engage in any action
which may reasonably be expected to result in an increase in the rate of any insurance policy
or policies covering or with respect to any portion of the Property not owned by such Owner.
Section 9. SLOPES AND TREES. No Owner may engage in any activity which will
change the slope or drainage of a Lot. No additional trees are permitted to be planted on the
Property without the prior written consent of Declarant for as long as Declarant owns a Lot,
and thereafter without the prior written consent of the Board.
Section 10. SIGNS. No sign, display, poster, or other advertising device of any kind may
be displayed in public view of any portion of any building or other Improvement in the
Property without the prior written consent of the Board. Signs, regardless of size, used by
Declarant, its successors or assigns, for advertising during the construction and sale period
of Nautica Sound or other communities developed and/or marketed by Declarant or its
affiliates and other reasonable signs authorized by Declarant shall be exempt from this
Section. Such sign or signs as Declarant may be required to erect under the terms of an
Institutional Mortgage shall be exempt from this Section.
Section 11. TRASH AND OTHER MATERIALS. No rubbish, trash, garbage, refuse, or
other waste material shall be kept or permitted on the Lots and/or Association Property, or
other portions of the Property, except in sanitary, self-locking containers located in
appropriate areas, and no odor shall be permitted to arise therefrom so as to render the
Property or any portion thereof unsanitary, offensive, detrimental or a nuisance to Owners
or to any other property in the vicinity thereof or to its occupants. No clothing or other
household items shall be hung, dried, or aired in such a way as to be visible from the
Association Property or another Lot. No stripped-down vehicles, lumber or other building
materials, grass, tree clippings, metals, scrap, automobile pieces or parts, refuse, or trash shall
be stored or allowed to accumulate on any portion of the Property, except within an enclosed
structure approved by the Committee and appropriately screened from view (except when
accumulated during construction by Declarant, during construction approved by the
Committee, or when accumulated by the Association for imminent pick-up and discard).
Section 12. TEMPORARY STRUCTURES. No tent, shack, shed or other temporary
building or improvement, other than separate construction and sales trailers to be used by
Declarant, its agents and contractors, for the construction and sale ofNautica Sound or other
communities, shall be placed upon any portion of the Property, either temporarily or
permanently. No trailer, motor home or recreational vehicle shall be: (a) used as a
residence, either temporarily or permanently, or (b) parked upon the Property.
Section 13. OIL AND MINING OPERATIONS. No oil drilling, oil development
operations, oil refining, boring or mining operations of any kind shall be permitted upon or
on any Lot nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon
or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas
shall be erected, maintained or permitted upon any Lot.
Section 14. SEWAGE DISPOSAL. No individual sewage disposal system shall be
permitted on any of the Property; provided that a central sewage disposal system is being
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operated in accordance with the requirements of the governmental regulatory body having
jurisdiction over said central system.
Section 15 . WATER SUPPLY. No individual water supply system shall be permitted on
any of the Property provided that a central water supply system is being operated in
accordance with requirements of the governmental body having jurisdiction over said central
system, except that wells are permitted for the irrigation of landscaping only.
Section 16. FENCES. Any fence placed upon any Lot must be approved by the
Committee, as provided in Article VIII hereof, prior to installation. In no event may a fence
be placed in the area between the front of a Home and the Street, Drive, Road or Roadway
at the front of the Lot on which the Home is situated. In the event that the Board or the
Committee, in its sole discretion, determines that a fence is not acceptable, the Board or the
Committee may require the Owner to remove the fence; and, if the Owner does not comply
in a timely fashion, the Board or the Committee may cause the fence to be removed and
assess any and all expenses of such removal against the Owner as a Special Assessment. The
Owner assumes complete responsibility to maintain the fence, including, but not limited to,
trimming any grass, ivy or other plants from the fence. In the event the Committee approves
the installation of a fence, it shall also have the right to require installation of landscaping,
also subject to the committee's approval, at the time the fence is installed.
Section 17. ANTENNAE. No antennae, microwave receiving devices or satellite receiving
devices shall be permitted to be placed or erected on any Lot or other portion of the Property.
Section 18. DECLARANT EXEMPTION. Declarant plans to undertake the work of
constructing Homes and Improvements upon the Property and may undertake the work of
constructing other buildings upon adjacent land or other property being developed or
marketed by Declarant or its affiliates. The completion of that work and the sale, rental and
other transfer of Homes is essential to the establishment and welfare of the Property as a
residential community. In order that such work may be completed and a fully occupied
community established as rapidly as possible, neither Owners, the Association, nor the
Architectural Control Committee shall do anything to interfere with Declarant's activities.
In general, the restrictions and limitations set forth in this Article shall
not apply to the Declarant or to Lots owned by the Declarant. Declarant shall specifically
be exempt from any restrictions which interfere in any manner whatsoever with Declarant's
plans for development, construction, sale, lease, or use of the Property and to the
Improvements thereon. Declarant shall be entitled to injunctive relief for any actual or
threatened interference with its rights under this Article in addition to whatever remedies at
law to which it might be entitled.
ARTICLE XI
DAMAGE OR DESTRUCTION TO ASSOCIATION PROPERTY
Section 1. Damage to or destruction of all or any portion of the Association Property
shall, notwithstanding any provision in this Declaration to the contrary, be handled as
follows:
FTL:86894:4
32
~~ 9 =-. 1400
A. If insurance proceeds are sufficient to effect total restoration of
damaged or destroyed Association Property, then the Association shall cause such
Association Property to be repaired and reconstructed substantially as it previously existed.
B. If insurance proceeds are insufficient to effect total restoration,
and the cost of restoration exceeds such proceeds by TWENTY-FIVE THOUSAND
DOLLARS ($25,000) or less, then the Association shall cause the Association Property to
be repaired and reconstructed substantially as it previously existed and the difference
between the insurance proceeds and the actual cost shall be levied as an Assessment
proportionally against each of the Contributing Lots in accordance with the provisions of
Article VI herein.
C. If the insurance proceeds are insufficient to effect total
restoration and the cost of restoration of the Association Property exceeds said proceeds by
over TWENTY-FIVE THOUSAND DOLLARS ($25,000), then by the written consent or
vote of a majority of the voting interests, they shall determine whether: (a) to rebuild and
restore in substantially the same manner as the Improvements existed prior to the damage or
destruction and to raise the necessary funds by levying equal construction Assessments
against all Contributing Lots; (b) to rebuild and restore in a manner less expensive in
replacing these Improvements; or (c) to not rebuild and to retain available insurance
proceeds. In the event it is decided that the damaged or destroyed Association Property shall
not be rebuilt, the remains of any structure or structures shall be tom down and hauled away,
so as not to be a safety hazard or visual nuisance, and the land shall be fully sodded and
landscaped or otherwise treated in an attractive manner. Notwithstanding anything contained
herein to the contrary, no decision not to rebuild or to rebuild in a manner which would result
in a change in the Improvements shall be effective without the prior written approval of
Declarant as long as Declarant owns all or any portion of the Property.
D. Each Owner shall be liable to the Association for any damage to
the Association Property not fully covered or collected by insurance which may be sustained
by reason of the negligence or willful misconduct of said Owner or of his family, lessees,
invitees and guests, both minors and adults.
E. In the event that the repairs and replacements were paid for by
any Special Assessments as well as insurance proceeds and regular Assessments, then, if
after the completion of and payment for the repair, replacement, construction or
reconstruction there shall remain any excess in the hands of the Association, it shall be
presumed that the monies disbursed in payment of any repair, replacement, construction: and
reconstruction were first disbursed from insurance proceeds and regular Assessments and any
remaining funds shall be deemed to be the remaining Special Assessments which shall be
returned to the Contributing Lot Owners by means of a pro rata distribution in accordance
with the collection of such Special Assessments.
FTL86894:4
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ARTICLE XII
INSURANCE AND CONDEMNATION
The Association shall purchase and maintain the following insurance coverages
subject to the following provisions, and the cost of the premiums therefor shall be a part of
the Operating Expenses:
Section 1. CASUALTY INSURANCE. Property and casualty insurance in an amount
equal to the then full replacement cost, exclusive of land, foundation, excavation and other
items normally excluded from such coverage, of all improvements and personal property
which is owned by the Association and now or hereafter located upon the Association
Property, which insurance shall afford protection against such risks, if any, as shall
customarily be covered with respect to areas similar to the Association Property in
developments similar to Nautica Sound in construction, location and use.
Section 2. PUBLIC LIABILITY INSURANCE. A comprehensive policy of public
liability insurance naming the Association and, until Declarant's ownership of any Lot within
the Property ceases, Declarant as named insureds thereof insuring against any and all claims
or demands made by any person or persons whomsoever for injuries received in connection
with, or arising from, the operation, maintenance and use ofthe Association Property and any
improvements located thereon, and for any other risks insured against by such policies with
limits of not less than ONE MILLION DOLLARS ($1,000,000) for damages incurred or
claimed by anyone person for anyone occurrence; not less than THREE MILLION
DOLLARS ($3,000,000) for damages incurred or claimed by more than one person for any
one occurrence; and for not less than FIFTY THOUSAND DOLLARS ($50,000) property
damage per occurrence with no separate limits stated for the number of claims. The
Association may also obtain workmen's compensation insurance and other liability insurance
including, but not limited to, lawsuits related to employment contracts in which the
Association is a party, as it may deem desirable.
Section 3. FIDELITY COVERAGE. Adequate fidelity coverage to protect against
dishonest acts of the officers and employees of the Association and the Board and all others
who handle and are responsible for handling funds of the Association shall be maintained in
the form of fidelity bonds, which requirements shall be reasonably determined by the Board.
Section 4. OTHER INSURANCE. Such other forms of insurance and in such coverage
amounts as the Association shall determine to be required or beneficial for the protection or
preservation of the Association Property and any improvements now or hereafter located
thereon or in the best interests of the Association and/or its officers and directors.
Section 5. CANCELLATION OR MODIFICATION. All insurance policies purchased
by the Association shall provide that they may not be cancelled (including for nonpayment
of premiums) or substantially modified without at least ten (10) days prior written notice to
the Association and to each first mortgage holder, if any, named in the mortgage clause.
Section 6. FLOOD INSURANCE. Ifdetermined appropriate by the Board or ifrequired
by an Institutional Mortgagee, a master or blanket policy of flood insurance covering the
FTL:86894.4
34
~)RE ~ 939 P: 14L~~
Association Property, if available under the National Flood Insurance Program, shall be
purchased, which flood insurance shall be in the form of a standard policy issued by a
member of the National Flood Insurers Association, and the amount of the coverage of such
insurance shall be the lesser of the maximum amount of flood insurance available under such
program, or one hundred percent (100%) of the current replacement cost of all buildings and
other insurable property located in the flood hazard area.
Section 7. CONDEMNATION. In the event the Association receives any award or
payment arising from the taking of any Association Property or any part thereof as a result
of the exercise of the right of condemnation or eminent domain, the net proceeds thereof
shall first be applied to the restoration of such taken areas and improvements thereon to the
extent deemed advisable by the Board and approved by at least two-thirds (2/3) of the total
voting interests, and the remaining balance thereof, if any, shall then be distributed pro rata
to Owners and mortgagees of Lots as their respective interests may appear.
Section 8. WAIVER OF SUBROGATION. As to each policy of insurance maintained
by the Association, which will not be voided or impaired thereby, the Association hereby
waives and releases all claims against the Board, the Owners, the Declarant and the agents
and employees of each of the foregoing, with respect to any loss covered by such insurance,
whether or not caused by negligence of or breach of any agreement of said persons, but only
to the extent that such insurance proceeds are received in compensation for such loss.
ARTICLE XIII
GENERAL PROVISIONS
Section 1. CONFLICT WIlli OTHER NAUTICA SOUND DOCUMENTS. In the event
of any conflict between the provisions hereof and the provisions of the Articles and/or
Bylaws and/or rules and regulations promulgated by the Association, the provisions of this
Declaration shall control.
Section 2. NOTICES. Any notice or other communication required or permitted to be
given or delivered hereunder shall be deemed properly given and delivered upon the mailing
thereof by United States mail, postage prepaid, to: (i) any Owner, at the address of the
person whose name appears as the Owner on the records of the Association at the time of
such mailing and, in the absence of any specific address, at the address of the Home owned
by such Owner; and (ii) the Association, certified mail, return receipt requested, at 1401
University Drive, Suite 200, Coral Springs, Florida 33071, or such other address as the
Association shall hereinafter notify Declarant and the Owners of in writing; and (iii)
Declarant, certified mail, return receipt requested, at 1401 University Drive, Suite 200, Coral
Springs, Florida 33071, or such other address or addresses as Declarant shall hereafter notify
the Association of in writing, any such notice to the Association of a change in Declarant's
address being deemed notice to the Owners.
Section 3. ENFORCEMENT. The covenants and restrictions herein contained may be
enforced by Declarant (so long as Declarant holds an equitable or legal interest in any Lot
and/or Home), the Association, any Owner and any Institutional Mortgagee holding a
mortgage on any portion of the Property in any judicial proceeding seeking any remedy
recognizable at law or in equity, including damages, injunction or any other form of relief
FTL:86894:4
35
~:~RS ~~'9 =i:' 1403
against any person, firm or entity violating or attempting to violate any covenant, restriction
or provision hereunder. The failure by any party to enforce any such covenant, restriction
or provision herein contained shall in no event be deemed a waiver of such covenant,
restriction or provision or of the right of such party to thereafter enforce such covenant,
restriction or provision. The prevailing party in any such litigation shall be entitled to all
costs thereof including, but not limited to, Legal Fees.
Section 4. INTERPRETATION. The provisions of this Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the development of a
residential community and for the maintenance of recreational facilities and Association
Property. Article, Section and Paragraph captions, headings and titles inserted throughout
this Declaration are intended as a matter of convenience only and in no way shall such
captions, headings or titles define, limit or in any way affect the subject matter or any of the
terms and provisions thereunder or the terms and provisions of this Declaration.
Whenever the context so requires or admits, any pronoun used herein
may be deemed to mean the corresponding masculine, feminine or neuter form thereof, and
the singular form of any nouns and pronouns herein may be deemed to mean the
corresponding plural form thereof and vice versa.
Section 5. SEVERABILITY. In the event any of the provisions of this Declaration shall
be deemed invalid by a court of competent jurisdiction, said judicial determination shall in
no way affect any of the other provisions hereof, which shall remain in full force and effect,
and any provisions of this Declaration deemed invalid by a court of competent jurisdiction
by virtue of the term or scope thereof shall be deemed limited to the maximum term and
scope permitted by law. In the event that any court should hereafter determine that any
provision of this Declaration is in violation of the rule of property known as the "rule against
perpetuities" or any other rule of law because of the duration of a time period, such provision
shall not thereby become invalid, but instead the duration of such time period shall be
reduced to the maximum period allowed under such rule of law, and in the event the
determination of the duration of such time period requires measuring lives, such measuring
life shall be that of the incorporator of the Association.
Section 6. CERTAIN RIGHTS OF DECLARANT. Notwithstanding anything to the
contrary herein contained, no Improvements constructed or installed by Declarant shall be
subject to the approval of the Association or the Owners or the provisions and requirements
of this Declaration, although it is the intent of Declarant to create a community with a
common scheme of development. Notwithstanding the other provisions of this Declaration,
Declarant reserves for itself, and Declarant and its nominees shall have, the right to enter into
and transact on the Property any business necessary to consummate the sale, lease or
encumbrance of Homes or real property within or outside Nautica Sound, including, but not
limited to, the right to maintain models and a sales and/or leasing office, a construction
office, a service office, place signs, employ sales, leasing, construction and service personnel,
use the Association Property and show Homes, and Declarant further reserves the right to
make repairs to the Association Property and to carry on construction activity for the benefit
of the Property. Declarant, and its nominees, may exercise the foregoing rights without
notifying the Association. Any such models, sales and/or leasing office, construction office,
service office, signs and any other items pertaining to such sales, leasing, construction or
FTL:86894:4
36
ORE E~'3's.= J-!:: ] .i.='L"~
service efforts shall not be considered a part of the Association Property and shall remain the
property of Declarant. This Section 6 may not be suspended, superseded or modified in any
manner by any amendment to this Declaration unless such amendment is consented to in
writing by Declarant. This right of use and transaction of business as set forth herein and the
other rights reserved by Declarant in the Nautica Sound Documents may be assigned in
writing by Declarant in whole or in part. For the purposes of this Section 6, the term
"Declarant" shall include any "Lender" which has loaned money to Declarant to acquire or
construct Improvements upon the Property, or its successors and assigns if such Lender, its
successors or assigns, acquires title to any portion of the Property as a result of the
foreclosure of any mortgage encumbering any portion of the Property securing any such loan
to Declarant, or acquires title thereto by deed in lieu of foreclosure. The rights and privileges
of Declarant as set forth in this Section 6, which are in addition to, and are no way a limit on,
any other rights or privileges of Declarant under any of the Nautica Sound Documents, shall
terminate upon Declarant no longer owning any portion of the Property (and having any
equitable or legal interest therein) or upon such earlier date as Declarant shall notify the
Association in writing of Declarant's voluntary election to relinquish the aforesaid rights and
privileges.
Section 7. DISPUTES AS TO USE. In the event there is any dispute as to whether the
use of the Property or any portion or portions thereof complies with the covenants,
restrictions, easements or other provisions contained in this Declaration, such dispute shall
be referred to the Board, and a determination rendered by the Board with respect to such
dispute shall be final and binding on all parties concerned therewith. Notwithstanding
anything to the contrary herein contained, any use by Declarant of the Property shall be
deemed a use which complies with this Declaration and shall not be subject to a contrary
determination by the Board.
Section 8. AMENDMENT AND MODIFICATION. The process of amending or
modifying this Declaration shall be as follows:
1. Until the Turnover Date, all amendments or modifications shall
only be made by Declarant without the requirement of the Association's consent or the
consent of the Owners so long as such amendments or modifications do not materially impair
the common plan of development ofNautica Sound; provided, however, that the Association
shall, forthwith upon request of Declarant, join in any such amendments or modifications and
execute such instruments to evidence such joinder and consent as Declarant shall, from time
to time, request.
2. After the Turnover Date, this Declaration may be amended by:
(i) the consent of the Owners owning two-thirds (2/3) of all Lots; together with (ii) the
approval or ratification of a majority of the Board. The aforementioned consent of the
Owners owning two-thirds (2/3) of the Lots may be evidenced by a writing signed by the
required number of Owners or by the affirmative vote of the required number of Owners at
any regular or special meeting of the Association called and held in accordance with the
Bylaws evidenced by a certificate of the Secretary or an Assistant Secretary of the
Association.
FTL:86894:4
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3. Amendments for correction of scrivener's errors or other
nonmaterial changes may be made by Declarant alone until the Turnover Date and by the
Board thereafter and without the need of consent of the Owners.
4. Notwithstanding anything to the contrary herein contained, no
amendment to this Declaration shall be effective which shall impair or prejudice the rights
or priorities of Declarant, the Association or of any Institutional Mortgagee under the Nautica
Sound Documents without the specific written approval of such Declarant, Association
and/or Institutional Mortgagee affected thereby. Finally, notwithstanding anything to the
contrary contained herein, no amendment to this Declaration shall be effective which shall
eliminate or modify the provisions of Section 6 of this Article XIII and any such amendment
shall be deemed to impair and prejudice the rights of Declarant.
5. A true copy of any amendment to this Declaration shall be sent
certified mail by the Association to Declarant and to all Institutional Mortgagees holding a
mortgage on any portion of the Property requesting notice. The amendment shall become
effective upon the recording of a Certificate of Amendment to this Declaration setting forth
the amendment or modification amongst the Public Records of the County.
6. Notwithstanding anything contained herein to the contrary,
Declarant may, without the consent of any Owners, file any amendments which may be
required by an Institutional Mortgagee for the purpose of satisfying its development criteria
or such other criteria as may be established by such mortgagee's secondary mortgage market
purchasers, including, without limitation, the Federal National Mortgage Association and the
Federal Home Loan Mortgage Corporation; provided, however, any such Declarant's filed
amendments must be in accordance with any applicable rules, regulations and other
requirements promulgated by the United States Department of Housing and Urban
Development.
Section 9 . DELEGATION. The Association, pursuant to a resolution duly adopted by the
Board, shall have the continuing authority to delegate all or any portion of its responsibilities
for maintenance, operation and administration, as provided herein, to any managing agency
or entity selected by the Board from time to time and whether or not related to Declarant.
Section 10. TERM. This Declaration and the terms, provisions, conditions, covenants,
restrictions, reservations, regulations, burdens and liens contained herein shall run with and
bind the Property, and inure to the benefit of Declarant, the Association, Owners, and their
respective legal representatives, heirs, successors and assigns for a term of fifty (50) years
from the date of recording this Declaration amongst the Public Records of the County, -after
which time this Declaration shall be automatically renewed and extended for successive
periods of ten (10) years each unless at least one (1) year prior to the termination of such
fifty (50)-year term or any such ten (lO)-year extension there is recorded amongst the Public
Records of the County an instrument agreeing to terminate this Declaration signed by
Owners owning two-thirds (2/3) of the Lots and Institutional Mortgagees holding first
mortgages encumbering two-thirds (2/3) of all Lots encumbered by first mortgages held by
Institutional Mortgagees, upon which event this Declaration shall be terminated upon the
expiration of the fifty (50)-year term or the ten (lO)-year extension during which such
instrument was recorded.
FTL:86894:4
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'}RS ~939,.. 1406
In the event this Declaration is terminated or the Association ceases to
exist for any reason, the Owners shall be jointly and severally responsible for the costs to
maintain and shall maintain the Association Property in the manner described herein. This
provision may not be amended or deleted without the prior written consent of the City of
Boynton Beach and this provision shall survive the termination of this Declaration and shall
run with the Property in perpetuity.
Section 11. RIGHTS OF MORTGAGEES.
1. Right to Notice
The Association shall make available for inspection upon request,
during normal business hours or under reasonable circumstances, the Nautica Sound
Documents and the books, records and financial statements of the Association to Owners and
the holders, insurers or guarantors of any first mortgages encumbering any portion of the
Property. In addition, evidence of insurance shall be issued to each Owner and mortgagee
holding a mortgage encumbering a Home upon written request to the Association.
2. Rights of Listed Mortgagee
Upon written request to the Association, identifying the name and
address of the holder, insurer, or guarantor (such holder, insurer or guarantor is herein
referred to as a "Listed Mortgagee") of a mortgage encumbering a Lot and the legal
description of such Lot, the Association shall provide such Listed Mortgagee with timely
written notice of the following:
(a) Any condemnation, loss or casualty loss which affects any
material portion of the Association Property;
(b) Any lapse, cancellation or material modification of any
insurance policy or fidelity bond maintained by the Association;
( c) Any proposed action which would require the consent of
mortgagees holding a mortgage encumbering a Lot; and
(d) Any failure by an Owner owning a Lot encumbered by a
mortgage held, insured or guaranteed by such Listed Mortgagee to perform his obligations
under the Nautica Sound Documents, including, but not limited to, any delinquency in the
payment of Assessments, or any other charge owed to the Association by said Owner where
such failure or delinquency has continued for a period of sixty (60) days.
3. Right of Listed Mortgagee to Receive Financial Statement
Any Listed Mortgagee shall, upon written request made to the
Association, be entitled to financial statements for the Association for the prior fiscal year
free of charge and the same shall be furnished within a reasonable time following such
request.
FTL:86894:4
39
OR8 -- s~" 3 S~ !'-"~. 1 .1..:_ L:- -;:
Section 12. APPROVAL OF ASSOCIATION LAWSUITS BY OWNERS.
Notwithstanding anything contained herein to the contrary, the Association shall be required
to obtain the approval of three-fourths (3/4) of the total voting interests (at a duly called
meeting of the Owners at which a quorum is present) prior to engaging persons or entities
for the purpose of suing, or making, preparing or investigating any lawsuit, or commencing
any lawsuit other than for the following purposes:
(a) the collection of Assessments;
(b) the collection of other charges which Owners are obligated to pay
pursuant to the Nautica Sound Documents;
(c) the enforcement of the use and occupancy restrictions contained
in the Nautica Sound Documents;
(d) in an emergency where waiting to obtain the approval of the
Owners creates a substantial risk of irreparable injury to the Association Property or to
Owner(s) (the imminent expiration of a statute of limitations shall not be deemed an
emergency obviating the need for the requisite vote of three-fourths (3/4) of the Owners); or
(e) filing a compulsory counterclaim.
Section 13. COMPLIANCE WITH PROVISIONS. Every person who owns, occupies or
acquires any right, title, estate or interest in or to any Lot except as elsewhere herein provided
does and shall be conclusively deemed to have consented to and agreed to every limitation,
restriction, easement, reservation, condition and covenant contained herein, whether or not
any reference to these restrictions is contained in the instrument by which such person
acquired an interest in such property. Declarant shall not in any way or manner be held liable
or responsible for any violation of this Declaration by any person other than Declarant.
Section 14. SECURITY. The Association may, but shall not be obligated to, maintain or
support certain activities within the Property designed to make the Property safer than it
otherwise might be. Additionally, NEITHER DECLARANT NOR THE ASSOCIATION
MAKES ANY REPRESENTATIONS WHATSOEVER AS TO THE SECURITY OF THE
PREMISES OR THE EFFECTIVENESS OF ANY MONITORING SYSTEM OR
SECURITY SERVICE. ALL MEMBERS AGREE TO HOLD DECLARANT AND THE
ASSOCIATION HARMLESS FROM ANY LOSS OR CLAIM ARISING FROM THE
OCCURRENCE OF ANY CRIME OR OTHER ACT. NEITHER THE ASSOCIATION,
DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL IN ANY WAY BE
CONSIDERED INSURERS OR GUARANTORS OF SECURITY WITHIN THE
PROPERTY. NEITHER THE ASSOCIATION, DECLARANT, NOR ANY SUCCESSOR
DECLARANT SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON
OF FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF
SECURITY MEASURES UNDERTAKEN, IF ANY. ALL MEMBERS, OWNERS AND
OCCUPANTS OF ANY LOT OR HOME, AND TENANTS, GUESTS, AND INVITEES
OF ANY OWNER, ACKNOWLEDGE THAT THE ASSOCIATION AND ITS BOARD,
DECLARANT, OR ANY SUCCESSOR DECLARANT DO NOT REPRESENT OR
WARRANT THAT: (a) ANY FIRE PROTECTION SYSTEM, BURGLAR ALARM
FTL:868944
40
ORB ~ 9 3~~ ?~ 14tJ,3
SYSTEM OR OTHER SECURITY SYSTEM, IF ANY, DESIGNATED BY OR
INSTALLED ACCORDING TO GUIDELINES ESTABLISHED BY DECLARANT OR
lliE COMMITTEE MAY NOT BE COMPROMISED OR CIRCUMVENTED, OR (b)
THAT ANY FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER
SECURITY SYSTEMS WILL IN ALL CASES PROVIDE THE DETECTION OR
PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. EACH
MEMBER, OWNER AND OCCUPANT OF ANY LOT OR HOME, AND EACH
TENANT, GUEST AND INVITEE OF AN OWNER, ACKNOWLEDGES AND
UNDERSTANDS THAT THE ASSOCIATION, ITS BOARD AND THE COMMITTEE,
DECLARANT, OR ANY SUCCESSOR DECLARANT ARE NOT INSURERS AND
THAT EACH MEMBER, OWNER AND OCCUPANT OF ANY LOT OR HOME, AND
EACH TENANT, GUEST AND INVITEE OF ANY MEMBER OR OWNER ASSUMES
ALL RISKS FOR LOSS OR DAMAGE TO PERSONS, TO LOTS OR HOMES, AND TO
THE CONTENTS OF LOTS OR HOMES AND FURTHER ACKNOWLEDGES THAT
THE ASSOCIATION, ITS BOARD AND lliE COMMITTEE, DECLARANT, OR ANY
SUCCESSOR DECLARANT HAVE MADE NO REPRESENTATIONS OR
WARRANTIES NOR HAS ANY OWNER, ME:MBER, OCCUPANT, TENANT, GUEST
OR INVITEE RELIED UPON ANY REPRESENTATIONS OR WARRANTIES,
EXPRESSED OR HvIPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO ANY FIRE AND/OR
BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS RECOMMENDED
OR INSTALLED, IF ANY, OR ANY SECURITY MEASURES UNDERTAKEN WITHIN
THE PROPERTY.
Section 15. COVENANT RUNNING WITH THE LAND. All provisions of this
Declaration shall, to the extent applicable and unless otherwise expressly provided herein to
the contrary, be construed to be covenants running with the Lots and Homes and the Property
and with every part thereof and interest therein, and all of the provisions hereof shall be
binding upon and inure to the benefit of the Declarant and subsequent Owner(s) of the
Homes, Lots, and Property or any part thereof, or interest therein, and their respective heirs,
successors, and assigns. However, the same are not intended to create nor shall it be
construed as creating any rights in or for the benefit of the general public, unless specifically
provided herein to the contrary. All present and future Owners, lessees, and occupants of the
Lots and Homes shall be subject to and shall comply with the provisions of this Declaration
and such Articles, Bylaws and applicable rules and regulations as exist and may from time
to time be amended. The acceptance of a deed of conveyance to a Lot, or the entering into
a lease of or occupancy of a Home, shall constitute an adoption and ratification by such
Owner, lessee, or occupant of the provisions of this Declaration, and the Articles, Bylaws,
and applicable rules and regulations of the Association, as they may be amended from time
to time. In the event that any easements granted herein shall fail for want of a grantee in
being or for any other purpose, the same shall constitute and be covenants running with the
land.
Section 16. NO PUBLIC RIGHT OR DEDICATION. Nothing contained in this
Declaration shall be deemed to be a gift or dedication of all or any portion of the Association
Property to the public, or for any public use.
FTL:86894:4
41
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Section 17. NO REPRESENTATIONS OR WARRANTIES. NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, HAVE BEEN GIVEN OR
MADE BY DECLARANT OR ITS AGENTS OR EMPLOYEES IN CONNECTION WITH
ANY PORTION OF THE ASSOCIATION PROPERTY, ITS PHYSICAL CONDITION,
ZONING, COMPLIANCE WIlli APPLICABLE LAWS, FITNESS FOR INTENDED USE,
OR IN CONNECTION WITH THE SUBDIVISION, SALE, OPERATION,
MAINTENANCE, COST OF MAINTENANCE, TAXES OR REGULATION THEREOF,
EXCEPT AS SPECIFICALL Y AND EXPRESSL Y SET FORTH IN THIS
DECLARATION.
FTL:86894:4
42
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IN WITNESS WHEREOF, this Declaration has been signed by Declarant and joined
in by the Association on the respective dates set forth below.
WITNESSES AS TO DECLARANT: DECLARANT:
G.L. HOMES OF BOYNTON BEACH II
CORPORATION., a Florida corporation
t'/' /,
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Signature
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By: ~iE-
Alan Fant, Vi e President
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Signature
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Print Name
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WITNESSES AS TO ASSOCIATION:
NAUTICA SOUND HOMEOWNERS
ASSOCIA nON, INC, a Florida
corporation not for profit
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Signature
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By: ~7
Alan Fant, Vice-President
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FTL;86894:2
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STATE OF FLORIDA )
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--'
COUNTY OF . '.f,:. ''':'0
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, the foregoing
instrument was acknowledged before me by Alan Fant, the Vice President ofG.L. HOMES
OF BOYNTON BEACH II CORPORATION, a Florida corporation, freely and voluntarily
under authority duly vested in them by said corporation, and that the seal affixed~ ~hereto is
the true corporate seal of said corporation. ALAN FANT i$personally kno~ tome or has
produced as identification. ----
WITNESS my hand and official seal in the County and State last aforesaid this ..i.::.
day of September, 1995.
,/
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Notary Public, State of Florida at Large
." I ~ .
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Typed, Printed or Stamped Name of Notary
Public
My Commission Expires:
STATE OF FLORIDA
COUNTY OF
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,.......... ELlEN=- EXPIRES
/tI>r'H~'I:. ..II coMMISSION' 1N'r1
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I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, the foregoing
instrument was acknowledged before me by ALAN F ANT, the Vice-President ofNAUTICA
SOUND HOMEOWNERS ASSOCIATION, INC., a Florida corporation, not for profit,
freely and voluntarily under authority duly vested in him by said corporation, and.thatthe
seal affixed thereto is the true corporate seal of said corporation. ALAN F ANT is personally
known to.I11.e or has produced as identification.
.' .... ~ ".
WITNESS my hand and official seal in the County and State last aforesaid this~--:
day of September, 1995. -
. ---f'. .~/
Notary Public, State of Florida at Large
,r
" .
Typed, Printed or Stamped Name of Notary
Public
My Commission Expires:
44
~1jl:~~':~ ELLEN SIFF
j.,: 'M P<8( COMMISSION 1/ CC335688 EXPIRES
~" . ~"i December 18.1997
"'.;Ri:.Th'f.:" 80NllElllHRU TRlIY FoVN INSlJINQ, INC,
FTL:86894:4
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ORB ~39 Ps 1412
EXHIBIT A
Legal Description of Property
FTL:86894:4
...mo
~939 Fs' 1417
EXHIBIT B
N.~ s distance 0'77.32 feet; thence N.S'/GS9'5B"E, a distanr;e of 110_00 feet; thence
N. 7~~ a di$tanCe of 89.19 teet. tD the point of CJJIV8ture of a curve, concave Southerly,
hwing a racDus of 270. 00 feet and a central angle of 1~ thence Easterly, along the arc of
$Sid CUl'lt'e to the tfght, a distance of 91.30 feet, to a point Of tangency; thence S.SS013'37'":, a
di#ance of 13J.2~ feet; thenee N.QZ"11'~ I dimmce of 496.8S f=4 to the pgJnt gf ~urvatlJff:
of a Cf8'W, concave Southwesterly, having 8 radius of 55.00 feet and a ce.7/ra/ angle of
9~7'5r; thSnCe N0rthw9ster1y, along the arc of said CUfW to ti18 left, a c:Jisftmce of 86. 52 feet,
10 a point of tangency; thence N.B'JOS6"14'\iV, a distance of B01.84 feet; thence S.O?07'20"l1v. a
distance of 82..28 feet; thenCe N.87D52'40"W; a distance of 125.10 teet, thence N.~07"20"E,
along the Westerly fine of the Northeast one-quarter of the Northwest :me-quarter of $aid se~on
7, 8 distance 011,236.27 feet. to the POINT OF BEGINNING; Containing 41.45 acres, more or
less.
Page 2
ORB w939 .~s 1418
EXHIBIT C
Articles of IncoIl'oration of
Nautica Sound Homeowners Association. Inc.
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I certify the attached is a true and correct copy of the Articles of
Incorporation of NAUTICA SOUND HOMEOWNERS ASSOCIATION. INC.. a Florida
corporation, filed on September 28. 1995, as shown by the records of this
office.
I further certify the document was electronically received under FAX audit
number H95000010806. This certificate is issued in accordance with
section 15.16. Florida Statutes, and authenticated by the code noted
below.
The document number of this corporation is N95000004611.
Given under my hand and the
Great Seal of the State of Florida.
at Tallahassee, the Capital, this the
Twenty-eighth day of September, 1995
Authentication Code: 795A00044367-092895-N95000004611-1/1
Ld~
cSlIn hm ~. JltortqlIm
$e,ratzrg .if $1 de
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EXHIBIT C
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895000010006
ARTICLES or INCORPORATION
or
NAlJ'l'ICA SOlJ'ND BOMBOWNBRS ASSOCIATION, INC.
(A rlorida Corporation Not Por Profit)
In order to form a corporation not for profit under and in accordance with
the provisions of Chapter 617 of the Florida Statutes, the undersigned hereby
incorporates the corporation not for profit for the purposes and with the powers
hereinafter set forth and, to that end, the undersigned, by these Articles of
Incorporation, certifies as follows:
ARTICLE I
DEFINITIONS
The following words and phrases when used in these Articles of
Incorporation (unless the context clearly reflects another meaning) shall have
the following meanings:
1-
hereto.
"Articles" mean these Articles of Incorporation and any amendments
2. "Association" means Nautica Sound Homeowners Association, Inc., a
Florida corporation not for profit.
3. "Association Property" means the property more particularly described
in Article II of the Declaration.
4.
"Board" means the Board of Directors of the Association.
5.
thereto.
"Bylaws" mean the Bylaws of the Association and any amendments
6.
"County" means Palm Beach County, Florida.
7. "Declarant" means G.L. Homes of Boynton Beach II Corporation, a
Florida corporation, and any successor or assign thereof which acquires any Lot
from Declarant for the purpose of development and to which G.L. Homes of Boynton
Beach II Corporation, a Florida corporation, specifically assigns all or part of
the rights of Declarant hereunder by an express written assignment recorded in
the Public Records of the County. The written election shall give notice as to
which rights of Declarant are to be exercised. In any event, any subsequent
declarant shall not be liable for any default or obligations incurred by any
prior declarant, except as may be expressly assumed by the subsequent declarant.
8. "Declaration" means the Declaration of Covenants, Restrictions and
Easements for Nautica sound, which is intended to be recorded amongst the Public
Records of the County, and any amendments thereto.
9. "Director" means a member of the Board.
Prepared by:
Mark F. Grant. Esq.. FL Bar #218881
Ruden Barnett. Et aI.. P.O. Box 1900
Fon Lauderdale, Florida 33301
(305) 764-6660
F'l'L:86859:2
895000010806
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10. "Home" mean a residential dwelling unit in Nautica Sound intended as
an abode for one family constructed on the Property.
11. "Lot" means a portion of the Property as shown on the Plat, upon
which a Home is permitted to be erected.
12. "Member" means a member of the Association.
13. "Nautica Sound" means the planned residential community planned for
development upon the "Property" (as defined in the Declaration) committed to land
use under the Declaration which is intended to be initially comprised of, but not
limited to, one hundred eighty-one (181) single-family Lots and the Association
Property located within the Property; however, Declarant has reserved the right
to add land to and withdraw land from Nautica Sound and, therefore, the number
of Lots within Nautica Sound may increase or decrease.
14. "Nautica Sound Documents" means, in the aggregate, the Declaration,
these Articles, the Bylaws and all of the instruments and documents referred to
or incorporated therein including, but not limited to, amendments to any of the
foregoing, as applicable.
15. "Operating Expenses" means the expenses for which owners are liable
to the Association as described in the Nautica Sound Documents and ihcludes, but
is not limited to, the costs and expenses incurred by the Association in
administering, operating, reconstructing, maintaining, financing, repairing,
replacing or improving the Association Property or any portion thereof and
improvements thereon and all costs and expenses incurred by the Association in
carrying out its powers and duties as set forth in the Nautica Sound Documents,
including, but not limited to, the cost of any reserves and any other expenses
designated to be Operating Expenses by the Board.
16. "Owner" means the owner (s) of the fee simple title to a Lot and
includes Declarant for so long as it is the owner of the fee simple title to a
Lot.
17. "Plat" means the plat of Nautica Sound P.U.D. - Plat One, recorded
or to be recorded amongst the Public Records of the County, and shall also mean
any Additional Plat added by Supplemental Declaration, as such terms are defined
in the Declaration.
ARTICLE II
HAl:m
The name of this corporation shall be NAUTICA SOUND HOMEOWNERS ASSOCIATION,
INC., a Florida corporation not for profit, whose principal address and mailing
address is 1401 University Drive, Suite 200, Coral Springs, Florida 33071-6039.
ARTICLE III
PURPOSES
The purpose for which this Association is organized is to take title to,
operate, administer, manage, lease and maintain the Association Property in
Prepared by:
Mark F. Grant, Esq., FL Bar 12181l
Ruden Barnett, Et 31.. P.O. Bo~ 19
Fort Lauderdale, Florida 333()1
(305) 764-6660
F'l'L:86859:2
895000010806
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895000010806
accordance with the terms of, and purposes set forth in, the Nautica Sound
Documents and to carry out the covenants and enforce the provisions of the
Nautica Sound Documents.
ARTICLE IV
POWERS
The Association shall have the following powers and shall be governed by
the following provisions:
A. The Association shall have all of the common law and statutory powers
of a corporation not for profit.
B. The Association shall have all of the powers to be granted to the
Association in the Nautica Sound Documents. All of the provisions of the
Declaration and Bylaws which grant powers to the Association are incorporated
into the Articles.
C. The Association shall have all of the powers reasonably necessary to
implement the purposes of the Association, including, but not limited to, the
following:
~. To perform any act required or contemplated by it under the
Nautica Sound Documents.
2. To make, establish, amend and enforce reasonable rules and
regulations governing the use of the Association Property.
3. To make, levy and collect "Assessments" (as defined in the
Declaration) for the purpose of obtaining funds from its Members to pay Operating
Expenses and other costs defined in the Declaration and costs of collection, and
to use and expend the proceeds of Assessments in the exercise of the powers and
duties of the Association.
4. To maintain, repair, replace and operate the Association
Property in accordance with the Nautica Sound Documents.
5. To enforce by legal means the obligations of the Members and
the provisions of the Nautica Sound Documents.
6. To employ personnel, retain independent contractors and
professional personnel, and enter into service contracts to provide for the
maintenance, operation, administration and management of the Association Pr9perty
and to enter into any other agreements consistent with the purposes of the
Association, including, but not limited to, agreements with respect to
professional management of the Association Property and to delegate to such
professional management certain powers and duties of the Association.
7. To enter into the Declaration and any amendments thereto and
instruments referred to therein.
Prepared by:
Mark F. Grant, Esq., FL Bar #218881
Ruden Barnett, Et ai., P. O. Box 1900
Fort Lauderdale, Florida 33301
(305) 764-6660
895000010806
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ORB -9939 Ps 14 :::'3
8. To provide, to the extent deemed necessary by the Board, any
and all services and do any and all things which are incidental to or in
furtherance of things listed above or to carry out the Association mandate to
keep and maintain Nautica Sound in a proper and aesthetically pleasing condition
and to provide the Owners with services, amenities, controls and enforcement
which will enhance the quality of life at Nautica Sound.
9. Notwithstanding anything contained herein to the contrary, the
Association shall be required to obtain the approval of three-fourths (3/4) of
all Members (at a duly called meeting of the Members at which a quorum is
present) prior to the engagement of legal counsel by the Association for the
purpose of suing, or making, preparing or investigating any lawsuit, or
commencing any lawsuit other than for the following purposes:
(a) the collection of assessments;
(b) the collection of other charges which Owners are
obligated to pay pursuant to the Nautica Sound Documents;
(c) the enforcement of any applicable use and occupancy
restrictions contained in the Nautica Sound Documents;
(d) in an emergency where waiting to obtain the approval of
the Members creates a substantial risk of irreparable injury to the Association
Property or to Member(s) (the imminent expiration of statute of limitations shall
not be deemed an emergency obviating the need for the requisite vote of
three-fourths (3/4) of the Members); or
(e) filing a compulsory counterclaim.
ARTICLE V
MEMBERS AND VOTING
The qualification of Members of the Association, the manner of their
admission to membership, the manner of the termination of such membership and the
manner of voting by Members shall be as follows:
A. Until such time as the first deed of conveyance of a Lot from
Declarant to an Owner is recorded amongst the Public Records of the County
("First Conveyance"), the membership of the Association shall be comprised solely
of the incorporator of these Articles ("Incorporator"). The Incorporator shall
be entitled to cast one (1) vote on all matters requiring a vote of the
membership.
B. Upon the First Conveyance, membership of the Incorporator in the
Association shall be automatically terminated and thereupon Declarant shall be
a Member as to each of the remaining Lots until each such Lot is conveyed to
another Owner, and thereupon and thereafter each and every Owner, including
Declarant as to Lots owned by Declarant, shall be Members and exercise all of the
rights and privileges of Members.
Prepared by:
Mark F. Grant, Esq., FL Bar #218881
Ruden Barnett, Et al., P. O. Box 1900
Fort Lauderdale, Florida 33301
(305) 764-6660
F'I'L:86859:2
895000010806
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C. Membership in the Association for Owners other than Declarant shall
be established by the acquisition of ownership of fee title to a Lot as evidenced
by the recording of an instrument of conveyance amongst the Public Records of the
County. Where title to a Lot is acquired by conveyance from a party other than
Declarant by means of sale, gift, inheritance, devise, judicial decree or
otherwise, the person, persons or entity thereby acquiring such Lot shall not be
a Member unless or until such Owner shall deliver a true copy of a deed or other
instrument of acquisition of title to the Association.
D. The Association shall have two (2) classes of voting membership:
1. "Class A Members" shall be all Members, with the exception of
Declarant while Declarant is a Class B Member, and shall be entitled to one (1)
vote for each Lot owned.
2. "Class B Members" shall be Declarant who shall be entitled to
two times the total number of votes of the Class A Members plus one. Class B
membership shall cease and be converted to Class A membership upon the earliest
to occur of the following events ("Turnover Date") :
(i) Three (3) months after the conveyance of
seventy-five percent (7S\) of the "Total Developed Lots" (as defined in Article
X. C hereof) by Declarant, as evidenced by the recording of instruments of
conveyance of such Lots amongst the Public Records of the County; or
( ii)
writing to the Association.
At such time as Declarant shall designate in
On the Turnover Date, Class A Members including Declarant shall
assume control of, the Association and elect the Board.
E. The designation of different classes of membership are for purposes
of establishing the number of votes applicable to certain Lots, and, nothing
herein shall be deemed to require voting solely by an individual class on any
matter' which requires the vote of Members, unless otherwise specifically set
forth in Nautica Sound Documents.
F. No Member may assign, hypothecate or transfer in any manner his
membership in the Association except as an appurtenance to his Lot.
G. Any Member who conveys or loses title to a Lot by sale, gift, devise,
bequest, judicial decree or otherwise shall, immediately upon such conveyance or
loss of title, no longer be a Member with respect to such Lot and shall lose all
rights and privileges of a Member resulting from ownership of such Lot.
H. There shall be only one (1) vote for each Lot, except for Class B
Members as set forth herein. If there is more than one Member with respect to
a Lot as a result of the fee interest in such Lot being held by more than one
person, such Members collectively shall be entitled to only one (1) vote. The
vote of the Owners of a Lot owned by more than one natural person or by a
corporation or other legal entity shall be cast by the person named in a
certificate signed by all of the Owners of the Lot, or, if appropriate, by
Prepared by:
Mark F. Grant, Esq., FL Bar #21888]
Ruden Barnett, Et aI., P. O. Box 1900
Fort Lauderdale, Florida 33301
(305) 764-6660
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properly designated officers, partners or principals of the respective legal
entity, and filed with the Secretary of the Association, and such certificate
shall be valid until revoked by a subsequent certificate. If such a certificate
is not filed with the Secretary of the Association, the vote of such Lot shall
not be considered for a quorum or for any other purpose.
Notwithstanding the foregoing provisions, whenever any Lot is owned
by a husband and wife they may, but shall not be required to, designate a voting
member. In the event a certificate designating a voting member is not filed by
the husband and wife, the following provisions shall govern their right to vote:
1. Where both are present at a meeting, each shall be regarded as
the agent and proxy of the other for purposes of casting the vote for each Lot
owned by them. In the event they are unable to concur in their decision upon any
subject requiring a vote, they shall lose their right to vote on that subject at
that meeting, but shall count for purposes of establishing a quorum.
2. Where only one (1) spouse is present at a meeting, the person
present may cast the Lot vote without establishing the concurrence of the other
spouse, absent any prior written notice to the contrary by the other spouse. In
the event of prior written notice to the contrary to the Association by the other
spouse, the vote of said Lot shall not be considered, but shall count for
purposes of establishing a quorum.
3. Where neither spouse is present, the person designated in a
"Proxy" (as defined in the Bylaws) signed by either spouse may cast the Lot vote,
absent any prior written notice to the contrary to the Association by the other
spouse or the designation of a different Proxy by the other spouse. In the event
of prior written notice to the contrary to the Association or the designation of
a different Proxy by the other spouse, the vote of said Lot shall not be
considered, but shall count for purposes of establishing a quorum.
I. A quorum shall consist of persons entitled to cast at least one-third
(1/3) of the total number of votes of the Members.
ARTICLE VI
1DM
The term for which this Association is to exist shall be perpetual. In the
event of dissolution of the Association (unless same is reinstated), other than
incident to a merger or consolidation, all of the assets of the Association shall
be conveyed to a similar homeowners association or a public agency having a
similar purpose, or any Member may petition the appropriate circuit court of the
State of Florida for the appointment of a receiver to manage the affairs of the
dissolved Association and its properties in the place and stead of the dissolved
Association and to make such provisions as may be necessary for the continued
management of the affairs of the dissolved Association and its properties.
895000010806
Prepared by:
Mark F. Grant, Esq., FL Bar #218881
Ruden Barnett, Et ai., P. O. Box 1900
Fort Lauderdale, Rorida 33301
(305) 764-6660
FTL:B6BS9:2
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ORB 3939 Ps- 1426
ARTICLE VII
INCORPORATOR
The name and address of the Incorporator of these Articles are:
Mark F. Grant, Esquire
Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A.
200 East Broward Boulevard
Ft. Lauderdale, Florida 33301
ARTICLE VIII
OFFICERS
The affairs of the Association shall be managed by the President of the
Association, assisted by the Vice President(s), Secretary and Treasurer, and, if
any, by the Assistant Secretary (ies) and Assistant Treasurer(s), subject to the
directions of the Board.
The Board shall elect the President, Secretary and Treasurer, and as many
Vice Presidents, Assistant Secretaries and Assistant Treasurers as the Board
shall, from time to time, determine. The President shall be elected from amongst
the membership of the Board, but no other officer need be a Director. The same
person may hold two offices, the duties of which are not incompatible; provided,
however, the office of President and a Vice President shall not be held by the
same person, nor shall the office of President and Secretary or Assistant
Secretary be held by the same person.
ARTICLE IX
FIRST OFFICERS
The names of the officers who are to serve until the first election of
officers by the Board are as follows:
President
Richard A. Costello
Vice President
Alan Fant
Secretary/Treasurer
Lawrence Portnoy
ARTICLE X
BOARD OF DIRECTORS
A. The number of Directors on the first Board of Directors of the
Association ("First Board") and the "Initial Elected Board- (as hereinafter
defined) shall be three (3). The number of Directors elected by the Members
subsequent to the "Declarant's Resignation Event- (as hereinafter defined) shall
be not less than three {3} nor more than five (5), as the Board shall from time
to time determine prior to each meeting at which Directors are to be elected.
Except for Declarant-appointed Directors, Directors must be Members or the
parents, children or spouses of Members. There shall be only one (1) vote for
each Director.
Prepared by:
Mark F. Grant, Esq., FL Bar #218881
Ruden Barnett, Et al., P. O. Box 1900
Fort Lauderdale, Florida 33301
(305) 764-6660
F"I'L:86859:2
&95000010806
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895000010806
B. The names and addresses of the persons who are to serve as Directors
on the First Board are as follows:
NAMES
ADDRESSES
Lawrence Portnoy
1401 University Drive, Suite 200
Coral Springs, Florida 33071
Alan Fant
1401 University Drive, Suite 200
Coral Springs, Florida 33071
Richard A. Costello
1401 University Drive, Suite 200
Coral Springs, Florida 33071
Declarant reserves the right to replace and/or designate and elect successor
Directors to serve on the First Board for so long as the First Board is to serve,
as hereinafter provided.
C. Declarant intends that Nautica Sound be developed in two stages.
Initially Nautica Sound shall contain an aggregate of one hundred eighty-one
(181) Lots with a Home erected upon each Lot ("Developed Lot"). If stage two is
added to Nautica Sound, for purposes hereof, the term "Total Developed Lots"
shall mean the four hundred twenty-four (424) Developed Lots which Declarant
intends to develop in Nautica Sound. Notwithstanding the foregoing, Declarant
has reserved the right in the Declaration to add land to and withdraw land from
Nautica Sound and, therefore, the total number of Lots and Homes within Nautica
Sound, and thus the term "Total Developed Lots", may refer to a number greater
or lesser than four hundred twenty-four (424). The number of Lots added to or
withdrawn from Nautica Sound and the revised number of "Total Developed Lots"
will be set forth in a Supplement to Declaration recorded in the County if
additional land is added to or withdrawn from Nautica Sound.
D. Upon the Turnover Date, the Members other than Declarant ("Purchaser
Members") shall be entitled to elect not less than a majority of the Board. The
election of not less than a majority of the Board by the Purchaser Members shall
occur at a special meeting of the membership to be called by the Board for such
purpose ("Initial Election Meeting"). The First Board shall serve until the
Initial Election Meeting.
E. At the Initial Election Meeting, Purchaser Members, who shall include
all Members other than Declarant, the number of which may change from time to
time, shall elect two (2) of the Directors, and Declarant, until the Declarant's
Resignation Event, shall be entitled to designate one (1) Director (same
constituting the "Initial Elected Board"). Declarant reserves and shall have the
right, until the Declarant's Resignation Event, to name the successor, if any,
to any Director it has so designated.
F. The Board shall continue to be so designated and elected, as
described in Paragraph E above, at each subsequent "Annual Members' Meeting" (as
defined in the Bylaws), until the Annual Members' Meeting following the
Prepared by:
Mark F. Grant. Esq., FL Bar #218881
Ruden Barnett, Et aI., P. O. Box 1900
Fort Lauderdale, Florida 33301
(305) 764-6660
FTL:86859:2
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Declarant's Resignation Event or until a Purchaser Member-elected Director is
removed in the manner hereinafter provided.
A Director (other than a Declarant-appointed Director) may be removed
from office upon the affirmative vote of a majority of the voting interests of
Purchaser Members, for any reason deemed to be in the best interests of the
Purchaser Members. A meeting of the Purchaser Members to so remove a Director
(other than a Declarant-appointed Director) shall be held upon the written
request of ten percent (lOt) of the Purchaser Members.
G. The Initial Election Meeting shall be called by the Association,
through the Board, within sixty (60) days after the Purchaser Members are
entitled to elect a majority of Directors as provided in paragraph D hereof. A
notice of meeting shall be forwarded to all Members in accordance with the
Bylaws; provided, however, that the Members shall be given at least fourteen (14)
days' notice of such meeting. The notice shall also specify the number of
Directors which shall be elected by the Purchaser Members and the remaining
number of Directors designated by Declarant.
H. Upon the earlier to occur of the following events ("Declarant's
Resignation Event"), Declarant shall cause all of its designated Directors to
resign:
1 . When Declarant no longer holds any Lot for sale in the ordinary
course of business and all Lots sold by Declarant have been conveyed as evidenced
by the recording of instruments of conveyance of such Lots amongst the Public
Records of the County; or
2. When Declarant causes the voluntary resignation of all of the
Directors designated by Declarant and does not designate replacement Directors.
Upon Declarant's Resignation Event, the Directors elected by
Purchaser Members shall elect a successor Director to fill the vacancy caused by
the resignation or removal of Declarant's designated Director. This successor
Director shall serve until the next Annual Members' Meeting and until his
successor is elected and qualified. In the event Declarant's Resignation Event
occurs prior to the Initial Election Meeting, the Initial Election Meeting shall
be called in the manner set forth in Paragraph G of this Article X, and all of
the Directors shall be elected by the Purchaser Members at such meeting.
I. At each Annual Members' Meeting held subsequent to Declarant's
Resignation Event, all of the Directors shall be elected by the Members. At the
first Annual Members Meeting held after the Initial Election Meeting, a
"staggered" term of office of the Board shall be created as follows:
1. a number equal to fifty percent (Sot) of the total number of
Directors rounded to the nearest whole number is the number of Directors whose
term of office shall be established at two (2) years and the Directors serving
for a two (2) year term will be the Directors receiving the most votes at the
meeting; and
895000010806
Prepared by:
Mark F. Grant, Esq., FL Bar #218881
Ruden Barnett, Et aI., P. O. Box 1900
Fort Lauderdale, Florida 33301
(305) 764-6660
M'L:868~9:2
9
. 895000010806
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2. the remaining Directors' terms of office shall be established
at one (l) year.
At each Annual Members Meeting thereafter, as many Directors of the
Association shall be elected as there are Directors whose regular term of office
expires at such time, and the term of office of the Directors so elected shall
be for two (2) years expiring when their successors are duly elected and
qualified.
J. The resignation of a Director who has been designated by Declarant
or the resignation of an officer of the Association who has been elected by the
First Board shall remise, release, acquit, satisfy and forever discharge such
officer or Director of and from any and all manner of action(s), cause(s) of
action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises,
variances, trespasses, damages, judgments, executions, claims and demands
whatsoever, in law or in equity, which the Association or Purchaser Members had,
now have or will have or which any personal representative, successor, heir or
assign of the Association or Purchaser Members hereafter can, shall or may have
against said officer or Director for, upon or by reason of any matter, cause or
thing whatsoever from the beginning of the world to the day of such resignation,
except for such Director's or officer's willful misconduct or gross negligence.
ARTICLE XI
INDEMNIFICATION
Each and every Director and officer of the Association shall be indemnified
by the Association against all costs, expenses and liabilities, including
attorney and paralegal fees at all trial and appellate levels and post judgment
proceedings, reasonably incurred by or imposed upon him in connection with any
negotiations, proceeding, arbitration, litigation or settlement in which he
becomes involved by reason of his being or having been a Director or officer of
the Association, and the foregoing provision for indemnification shall apply
whether or not such person is a Director or officer at the time such cost,
expense or liability is incurred. Notwithstanding the above, in the event of any
such settlement, the indemnification provisions provided in this Article XI shall
not be automatic and shall apply only when the Board approves such settlement and
reimbursement for the costs and expenses of such settlement as in the best
interest of the Association, and in the event a Director or officer admits or is
adjudged guilty of willful misfeasance or malfeasance in the performance of his
duties, the indemnification provisions of this Article XI shall not apply. The
foregoing right of indemnification provided in this Article XI shall be in
addition to and not exclusive of any and all rights of indemnification ~o which
a Director or officer of the Association may be entitled under statute or common
law.
ARTICLE XII
BYLAWS
The Bylaws shall be adopted by the First Board, and thereafter may be
altered, amended or rescinded in the manner provided for in the Bylaws. In the
Prepared by:
Mark F. Grant, Esq., FL Bar #21888
Ruden Barnett, Et al., P. O. Box 190
Fort Lauderdale, Florida 33301
(305) 764-6660
F'I'L:86859:2
895000010806
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event of any conflict between the provisions of these Articles and the provisions
of the Bylaws, the provisions ,of these Articles shall control.
ARTICLE XIII
AMENDMENTS
A. Prior to the First Conveyance, these Articles may be amended only by
an instrument in writing signed by the incorporator of these Articles and filed
in the Office of the Secretary of State of the State of Florida.
B. After the First Conveyance, these Articles may be amended in the
following manner:
1. (a) The Board shall adopt a resolution setting forth the
proposed amendment and directing that it be submitted to a vote at a meeting of
the Members, which may be at either the Annual Members' Meeting or a special
meeting. Any number of proposed amendments may be submitted to the Members and
voted upon by them at one meeting.
(b) Written notice setting forth the proposed amendment or
a summary of the changes to be effected thereby shall be given to each Member
within the time and in the manner provided in the Bylaws for the giving of notice
of meetings (nRequired Noticen) .
(c) At such meeting, a vote of the Members shall be taken on
the proposed-amendment(s). The proposed amendment(s) shall be adopted upon
receiving the affirmative vote of a majority of the voting interests.
2. An amendment may be adopted by a written statement (in lieu of
a meeting) signed by all Members and all members of the Board setting forth their
intention that an amendment to the Articles be adopted.
C. These Articles may not be amended without the written consent of a
majority of the members of the Board.
D. Notwithstanding any provisions of this Article XIII to the contrary,
these Articles shall not be amended in any manner which shall prejudice the
rights of: (i) Declarant, without the prior written consent thereto by
Declarant, for so long as Declarant holds either a leasehold interest in or title
to at least one (1) Lot; and (ii) any "Institutional Mortgageen (as such term is
defined in the Declaration) without the prior written consent of such
Institutional Mortgagee.
E. Notwithstanding the foregoing provisions of this Article XIII, no
amendment to these Articles shall be adopted which shall abridge, amend or alter
the rights of Declarant hereunder including, but not limited to, Declarant's
right to designate and select members of the First Board or otherwise designate
and select Directors as provided in Article X hereof, nor shall any amendment be
adopted or become effective without the prior written consent of Declarant.
F. Any instrument amending these Articles shall'identify the particular
article or articles being amended and shall provide a reasonable method to
Prepared by:
Mark F. Grant, Esq., FL Bar #21888
Ruden Barnett, Et aI., P. O. Box 190
Fort Lauderdale, Florida 33301
(305) 764-6660
FTL:86859:2
895000010806
11
895000010806
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~939 Ps 1431
identify the amendment being made. A certified copy of each of such amendment
shall be attached to any certified copy of these Articles, and a copy of each
amendment certified by the Secretary of State shall be recorded amongst the
Public Records of the County.
ARTICLE XIV
REGISTERED OFFICE AND REGISTERED AGENT
The street address of the initial registered office of the Association is
200 East Broward Boulevard, Ft.Lauderdale, Florida 33301 and the initial
registered agent of the Association at that address shall be Mark F. Grant
this
IN ~TNESS WHEREOF, the Incorporator has hereunto affixed his signature,
~ 7 day of~~99S:-.
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I
Mark F. Grant
The undersigned hereby accepts the designation of Registered Agent as set
forth in Article XIV of these Articles of Incorporation, and acknowledges that
he is familiar with, and accepts the obligations imposed upon registered agents
under the Florida Not For Profit Corporation Act.
~)~
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Mark F. Grant
Dated:
q/~//q5
.
895000010806
Prepared by:
Mark F. Grant, Esq., FL Bar #218881
Ruden Barnett, Et aI., P. O. Box 1900
Fort Lauderdale, Florida 33301
(305) 764-6660
F'l'L:86859:2
12
-~-----_._-~~-~------~ ----
STATE OF FLORIDA )
COUN'l'Y OF D~DiL.t7p..,d~
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The foregoing instrument was acknowledged before me this _____ day of
September, 1995 by MARK F. GRANT, the person described as the Incorporator of
of Incorporation, who is
as
these Art'cles who~cuted the foregoing Articles
personally known to m~or who has produced
identificat~on.
My Commission Expires:
895000010806
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Notary Public
E/ /e/l S,r..,c
Printed, Typed or Stamped Notary Name
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Prepared by:
Mark F. Grant, Esq., FL Bar #218881
Ruden Barnett, Et 31., P. O. Bo:t 1900
Fort Lauderdale, Florida 33301
(305) 764-6660
13
FTL:86894:4
EXHIBIT D
OR"B 8 S 3~ Ps 2..i.~ 2L::t
Bylaws ofNautica Sound Homeowners Association. Inc.
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tlRS 8939 P; 1434
EXHIBIT D
BYLAWS
OJ'
RAUTIO SOUND BOMBOWNKRS ASSOC:I.ATION, INC.
Section 1. Identification of Association
These are the Bylaws of Nautica Sound Homeowners Association,
("Association") as duly adopted by its Board of Directors ("Board").
Association is a corporation not for profit, organized pursuant to Chapter
Florida Statutes.
Inc.
The
617,
1.l.
University Drive,
may be located at
The office of the Association shall
Suite 200, Coral Springs, Florida
any place designated by the Board.
be for the present at 1401
33071-6039 and thereafter
1.2. The fiscal year of the Association shall be the calendar year.
1.3. The seal of the Association shall bear the name of the
Association, the word "Florida" and the words "Corporation Not For Profit."
Section 2. Explanation of Terminology
The terms defined in the Articles of Incorporation of the Association
( n Articles" ) as well as in the Declaration of Covenants, Restrictions and
Easements for Nautica Sound ("Declaration") are incorporated herein by reference
and shall appear in initial capital letters each time such terms appear in these
Bylaws.
Section 3. Membership; Members' Meetings; Voting and Proxies
3.1. The qualification of Members, the manner of their admission to
membership in the Association, the manner of termination of such membership and
the voting by Members shall be as set forth in the Articles.
3.2. The Members shall meet annually ("Annual Members' Meeting").
The Annual Members' Meeting shall be held at the office of the Association or at
such other place in the County as the Board may determine and on such day and at
such time as designated by the Board in the notice of such meeting commencing
with the year following the year in which the Articles are filed with the
Secretary of State. The purpose of the Annual Members' Meeting shall be to hear
reports of the officers, elect members of the Board (when that shall be
appropriate as determined by the provisions of the Articles) and transact any
other business authorized to be transacted at such Annual Members' Meeting.
3 .3. Special meetings (meetings other than the Annual Members'
Meeting) of the Members shall be held at any place within the County whenever
called by the President or Vice President or by a majority of the Board. A
special meeting must be called by such President or Vice President upon receipt
of a written request from Members having the right to vote at least one-third
(1/3) of the total number of votes entitled to be cast by Members at any such
special meeting.
F'l'L:8687B:2
1
for which the Meeting is called. The notice of all Annual Members' Meetings
shall, in addition, specify the number of Directors of the Association to be
designated by Declarant and the number of Directors to be elected by the Members,
if applicable. Notwithstanding any provisions hereof to the contrary, notice of
any Meeting may be waived before, during or after such Meeting by a Member or by
the person entitled to vote for such Member by signing a document setting forth
the waiver of such notice.
3.5. The Members may, at the discretion of the Board, act by written
response in lieu of a Meeting provided written notice of the matter or matters
to be agreed upon is given to the Members or duly waived in accordance with the
provisions of these Bylaws. Unless some greater number is required under the
Nautica Sound Documents and except as to the election of Directors, which shall
be accomplished by plurality vote, the decision of a majority of the votes cast
by Members as to the matter or matters to be agreed or voted upon shall be
binding on the Members provided a quorum is either present at such Meeting or
submits a response if action is taken by written response in lieu of a Meeting,
LiRE. _ =;39 Ps 1435
3.4. Except as otherwise provided in the Articles, a written notice
of all Members' meetings, whether the Annual Members' Meeting or special meetings
(collectively "Meeting"), shall be given to each Member entitled to vote thereat
at his last known address as it appears on the books of the Association and shall
be mailed to the said address not less than fourteen (14) days nor more than
forty-five (45) days prior to the date of the Meeting. Proof of such mailing
shall be given by the affidavit of the person giving the notice. Any notice
given hereunder shall state the time and place of the Meeting and the purposes
for which the Meeting is called. The notice of all Annual Members' Meetings
shall, in addition, specify the number of Directors of the Association to be
designated by Declarant and the number of Directors to be elected by the Members,
if applicable. Notwithstanding any provisions hereof to the contrary, notice of
any Meeting may be waived before, during or after such Meeting by a Member or by
the person entitled to vote for such Member by signing a document setting forth
the waiver of such notice.
3 . 5 . The Members may, at the discretion of the Board, act by written
response in lieu of a Meeting provided written notice of the matter or matters
to be agreed upon is given to the Members or duly waived in accordance with the
provisions of these Bylaws. Unless some greater number is required under the
Nautica Sound Documents and except as to the election of Directors, which shall
be accomplished by plurality vote, the decision of a majority of the votes cast
by Members as to the matter or matters to be agreed or voted upon shall be
binding on the Members provided a quorum is either present at such Meeting or
submits a response if action is taken by written response in lieu of a Meeting,
as the case may be. The notice with respect to actions to be taken by written
response in lieu of a Meeting shall set forth the time period during which the
written responses must be received by the Association.
3.6. (a) A quorum of the Members shall consist of Members entitled
to cast one-third (1/3) of the total number of votes of the Members.
(b) When a quorum is present at any Meeting and a question
which raises the jurisdiction of such Meeting is presented, the holders of a
majority of the voting rights present in person or represented by written "Proxy"
(as hereinafter defined) shall be required to decide the question. However, if
the question is one upon which a vote other than the majority vote of a quorum
is required by express provision of the Nautica Sound Documents or by law, then
such express provision shall govern and control the required vote on the decision
of such question.
3 . 7 . At any Annual Members' Meeting when elections of Directors are
to occur, written ballots are to be supplied to Members for such purposes.
Furthermore, at any Annual Members' Meeting at which Directors are to be elected,
the "Chairman" (as hereinafter defined in Paragraph 7.2 hereof) shall appoint an
"Election Committee" consisting of three (3) Members to supervise the election,
count and verify ballots and Proxies, disqualify votes if such disqualification
is justified under the circumstances and to certify the results of the election
to the Board. The Election Committee shall be able to determine questions within
its jurisdiction by plurality vote of all three (3) members, but matters
resulting in deadlocked votes of the Election Committee shall be referred to the
entire Board for resolution.
FTL:86878:2
2
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having a radius of 55.00 feet and a central angle of 90.07'57""; th&nce Southeasterly.
along the arc of said ourve to the right. a distance of 86.52 feet, to a point of tangency;
thence S-O~1'43-W. a cflStance of 496..85 feet; thence N.8Er'13'S7"W, a distance of
133.26 feet, to the point of curvature of a curve. concave Southerty, having a radius of
210.00 feet and a central angle of 19D22'30"; thence Westerly, along the arc of said
curve to the left. a distance of 91.30 feet. to a point of tangency; thence S.14~3.53-W, a
d1stance of 69.19 feet; thence S.S7V59958"W. a distance of 110.00 feet; thence
S.~O'02'"E. a distance of 77.32 feet; thence S. 7~6"2S"E. a c:frstanee of 32.21 feet;
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3.8. If a quorum is not in attendance at a Meeting, the Members who
are present, either in person or by Proxy, may adjourn the Meeting from time to
time until a quorum is present with no further notice of such adjourned Meeting
being required unless otherwise determined by the Board.
3.9. Minutes of all Meetings shall be kept in a businesslike manner
and be available for inspection by the Members and Directors at all reasonable
times.
3.10. Voting rights of Members shall be as stated in the Articles
with respect to the election of all Boards other than the First Board. Such
votes may be cast in person or by Proxy. "Proxy" is defined to mean an
instrument containing the appointment of a person who is substituted in the place
and stead of the person or authorized representative of an entity entitled to
vote. Proxies shall be in writing signed by the person or authorized
representative of an entity giving the same and shall be valid only for the
particular Meeting designated therein and, if so stated in the Proxy, any
adjournments thereof. A Proxy must be filed with the Secretary of the
Association before the appointed time of the Meeting in order to be valid. Any
Proxy may be revoked prior to the time a vote is cast according to such Proxy.
3.11. The voting on any matter at a Meeting shall be by secret ballot
upon request of the holders of ten percent (lOt) of the votes represented at such
Meeting and entitled to be cast on such matter, if such request is made prior to
the vote in question.
Section 4. Board; Directors' Meetings
4.1. The business and administration of the Association shall be by
its Board.
4.2. The election and, if applicable, designation of Directors shall
be conducted in accordance with the Articles. Except for Declarant-appointed
Directors, Directors must be Members or the parents, children or spouses of
Members.
4.3.
all the rights,
Association.
(a) Any person elected or designated as a Director shall have
privileges, duties and obligations of a Director of the
(b) The term of a Director's service shall be as stated in
the Articles and, if not so stated, shall extend until the next Annual Members'
Meeting and thereafter until his successor is duly elected and qualified or-until
he resigns or is removed in the manner elsewhere provided.
4.4. The organizational meeting of a newly elected Board shall be
held within ten (10) days of their election at such place and time as shall be
fixed by the Directors at the meeting at which they were elected. No further
notice of the organizational meeting shall be necessary.
4.5. Regular meetings of the Board may be held at such times and
places in the County as shall be determined from time to time by a majority of
FTL:86878:2
3
ORR 939'"
.. '"! ~w;. 2. :J~,J.-:3 7
Directors. Special meetings of the Board may be called at the discretion of the
President or the Vice President. Special meetings must be called by the
Secretary at the written request of at least one-third (1/3) of the Directors.
Such special meeting may be held in the County at such time and place as
determined by the Directors requesting such meeting or in such other place as all
Directors shall agree upon.
4.6. Notice of the time and place of regular and special meetings
of the Board, or adjournments thereof, shall be given to each Director personally
or by mail, telephone or telegraph at least three (3) days prior to the day named
for such meeting unless such notice is waived before, during or after such
meeting. Any Director may waive notice of the meeting in writing before, during
or after a meeting and such waiver shall be deemed equivalent to the receipt of
notice by such Director.
4.7. A quorum of the Board shall consist of the Directors entitled
to cast a majority of the votes of the entire Board. Matters approved by a
majority of the Directors present at a meeting at which a quorum is present shall
constitute the official acts of the Board, except as may be otherwise
specifically provided by law, by the Articles or elsewhere herein. If at any
meetings of the Board there shall be less than a quorum present, the majority of
those present may adjourn the meeting from time to time until a quorum is
present. At any meeting that takes place on account of a previously adjourned
meeting, any business which might have been transacted at the meeting as
originally called may be transacted. In the case of the adjournment of a
meeting, no further notice of the adjourned meeting need be given unless
otherwise determined by the Board.
4.8. The presiding officer at all Board meetings shall be the
President. In the absence of the President, the Directors shall designate any
one of their number to preside.
4.9. Directors' fees, if any, shall be determined by the Members.
4.10. Minutes of all meetings of the Board shall be kept in a
businesslike manner and be available for inspection by Members and Directors at
all reasonable times.
4.11. The Board shall have the power to appoint an "Executive
Committee(s}" of the Board consisting of not less than three (3) Directors. An
Executive Committee(s) shall have and exercise such powers of the Board as may
be delegated to such Executive Committee(s} by the Board.
4.12. Meetings of the Board may be open to all Members on such terms
as the Board may determine. The Board may also hold closed meetings to the
extent permitted by applicable law.
4.13. Any action required or permitted to be taken at a meeting of
the Directors may be taken without a meeting if a consent in writing,
specifically setting forth the action to be taken, shall be signed by all the
Directors entitled to vote with respect to the subject matter thereof. Such
consent shall have the same force and effect as a unanimous vote of Directors.
FTL:86878:2
4
ORS -~939 Ps 1436
Section 5. Powers and Duties of the Board
5.1. All of the powers and duties of the Association shall be
exercised by the Board. Such powers and duties of the Board shall include, but
not be limited to, all powers and duties set forth in the Nautica Sound
Documents, as well as all of the powers and duties of a director of a corporation
not for profit.
5.2. The Association may employ a manager to perform any of the
duties, powers or functions of the Association. Notwithstanding the foregoing,
the Association may not delegate to the manager the power to conclusively
determine whether the Association should make expenditures for capital additions
or improvements chargeable against the Association fund. The members of the
Board shall not be personally liable for any omission or improper exercise by the
manager of any duty, power or function delegated to the manager by the
Association.
Section 6. Late Fees
An Owner who fails to timely pay any Assessment shall be charged a late
charge of TWENTY-FIVE DOLLARS ($25) by the Association for such late Assessment.
Owners shall be responsible to pay all legal fees (including, but not limited to,
attorney and paralegal fees and court costs) incurred in connection with the
collection of late Assessments whether or not an action at law to collect said
Assessment and foreclose the Association's lien has been commenced. The Board
has authorized the following initial schedule of fees for such circumstances:
(a) ONE HUNDRED FIFTY DOLLARS ($150) for a Claim of Lien plus
recording costs and sending of Notice of Intention to Foreclose;
(b) ONE HUNDRED DOLLARS ($100) for a Satisfaction of Lien plus
recording costs; and
(c)
attorney and/or
Assessments.
Any further action would require an hourly computation of
paralegal time spent pursuing collection of such unpaid
Section 7.
Officers of the Association
7.1. Executive officers of the Association shall be the President,
who shall be a Director, one or more Vice Presidents, a Treasurer and a
Secretary, all of whom shall be elected annually by the Board. Any officer may
be removed without cause from office by vote of the Directors at any meeting of
the Board. The Board may, from time to time, elect such other officers and
assistant officers and designate their powers and duties as the Board shall find
to be required to manage the affairs of the Association. One person may hold any
two offices simultaneously, except where the functions of such offices are
incompatible, but no person shall hold the office of President and any of the
following offices simultaneously: Vice President, Secretary or Assistant
Secretary.
F'I'L: 8f.878: 2
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7.2. The President shall be the chief executive officer of the
Association. He shall have all of the powers and duties which are usually vested
in the office of the President of an association or a corporation not for profit,
including, but not limited to, the power to appoint such committees from among
the Members at such times as he may, in his discretion, determine appropriate to
assist in the conduct of the affairs of the Association. If in attendance, the
President ( "Chairman") shall preside at all meetings of the Board and the
Members; provided, however, that the President may appoint a substitute.
7.3. In the absence or disability of the President, a Vice President
shall exercise the powers and perform the duties of the President. If more than
one (1) Vice President, the Board shall designate which Vice President is to
perform which duties. The Vice president(s) shall also generally assist the
President and exercise such other powers and perform such other duties as shall
be prescribed by the Board. In the event there shall be more than one Vice
President elected by the Board, then they shall be designated "First," "Second,"
etc., and shall exercise the powers and perform the duties of the presidency in
such order.
7.4. The Secretary shall keep the minutes of all meetings of the
Board and the Members, which minutes shall be kept in a businesslike manner and
be available for inspection by Members and Directors at all reasonable times.
The Secretary shall have custody of the seal of the Association and affix the
same to instruments requiring such seal when duly authorized and directed to do
so. The Secretary shall be custodian for the corporate records of the
Association, exeept those of the Treasurer, and shall perform all of the duties
incident to the office of Secretary of the Association as may be required by the
Board or the President. The Assistant Secretary, if any, shall perform the
duties of the Secretary when the Secretary is absent and shall assist the
Secretary under the supervision of the Secretary.
7.5. The Treasurer shall have custody of all of the monies of the
Association, including funds, securities and evidences of indebtedness. The
Treasurer shall keep the assessment rolls and accounts of the Members and shall
keep the books of the Association in accordance with good accounting practices
and he shall perform all of the duties incident to the office of the Treasurer.
The Assistant Treasurer, if any, shall perform the duties of the Treasurer when
the Treasurer is absent and shall assist the Treasurer under the supervision of
the Treasurer.
7.6. The compensation, if any, of the officers and other employees
of the Association shall be fixed by the Board. This provision shall not
preclude the Board from hiring a Director as an employee of the Association or
preclude the contracting with a Director or a party affiliated with a Director
for the management or performance of contract services for all or any part of
Nautica Sound.
Section 8. Resignations
Any Director or officer may resign his post at any time by written
resignation, delivered to the President or Secretary, which shall take effect
upon its receipt unless a later date is specified in the resignation, in which
FTL:86878:2
6
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event the resignation shall be effective from such date unless withdrawn. The
acceptance of a resignation shall not be required to make it effective. The
conveyance of all Lots owned by any Director or officer (other than appointees
of Declarant) shall constitute a written resignation of such Director or officer.
Section 9. Accounting Records; Fiscal Management
9.1. The Association shall use the cash basis method of accounting
and shall maintain accounting records in accordance with good accounting
practices, which shall be open to inspection by Members and Institutional
Mortgagees or their respective authorized representatives at reasonable times.
Such authorization as a representative of a Member must be in writing and signed
by the person giving the authorization and dated within sixty (60) days of the
date of the inspection. Such records shall include, but not be limited to: (i)
a record of all receipts and expenditures; and (ii) an account for each
Contributing Lot within Nautica Sound which shall designate the name and address
of the Contributing Lot OWner thereof, the amount of Individual Lot Assessments
and all other Assessments, if any, charged to the Contributing Lot, the amounts
and due dates for payment of same, the amounts paid upon the account and the
dates paid, and the balance due.
9.2 . The Board shall adopt a Budget (as provided for in the
Declaration) of the anticipated Operating Expenses for each forthcoming calendar
year (the fiscal year of the Association being the calendar year) at a special
meeting of the Board ("Budget Meeting") called for that purpose to be held during
the month of November of the year preceding the year to which the Budget applies.
Prior to the Budget Meeting, a proposed Budget for the Operating Expenses shall
be prepared by or on behalf of the Board. Within thirty (30) days after adoption
of the Budget, a copy thereof shall be furnished to each Member, and each
Contributing Lot Owner shall be given notice of the Individual Lot Assessment
applicable to his Contributing Lot(s). The copy of the Budget shall be deemed
furnished and the notice of the Individual Lot Assessment shall be deemed given
upon its delivery or upon its being mailed to the Contributing Lot Owner shown
on the records of the Association at his last known address as shown on the
records of the Association.
9.3. In administering the finances of the Association, the following
procedures shall govern: (i) the fiscal year shall be the calendar year; (ii)
any monies received by the Association in any calendar year may be used by the
Association to pay expenses incurred in the same calendar year; (iii) there shall
be apportioned between calendar years on a pro rata basis any expenses which are
prepaid in anyone calendar year for Operating Expenses which cover more than
such calendar year; (iv) Assessments shall be made quarterly in amounts no less
than are required to provide funds in advance for payment of all of the
anticipated current Operating Expenses and for all unpaid Operating Expenses
previously incurred; and (v) items of Operating Expenses incurred in a calendar
year shall be charged against income for the same calendar year regardless of
when the bill for such expenses is received. Notwithstanding the foregoing, the
Assessments for Operating Expenses and any periodic installments thereof shall
be of sufficient magnitude to insure an adequacy and availability of cash to meet
all budgeted expenses in any calendar year as such expenses are incurred in
accordance with the cash basis method of accounting.
FTL:86878:2
7
ORE
~939
....
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1441
9.4. The Individual Lot Assessment shall be payable as provided for
in the Declaration.
9.S. No Board shall be required to anticipate revenue from
Assessments or expend funds to pay for Operating Expenses not budgeted or which
shall exceed budgeted items, and no Board is required to engage in deficit
spending. Should there exist any deficiency which results from there being
greater Operating Expenses than monies from Assessments, then such deficits shall
be carried into the next succeeding year's Budget as a deficiency or shall be the
subject of a Special Assessment or an upward adjustment to the Individual Lot
Assessment.
9.6. The depository of the Association shall be such bank or banks
as shall be designated from time to time by the Board in which the monies of the
Association shall be deposited. Withdrawal of monies from such account shall be
only by checks signed by such persons as are authorized by the Board.
9.7. A report of the accounts of the Association shall be made
annually by an accountant and a copy of the report shall be furnished to each
Member who requests same in writing no later than the first day of April of the
year following the year for which the report is made. The report shall be deemed
to be furnished to the Member upon its delivery or mailing to the Member at his
last known address shown on the records of the Association.
Section 10. Rules and Regulations
The Board may at any meeting of the Board adopt rules and regulations or
amend, modify or rescind then existing rules and regulations for the operation
of Nautica Sound; provided, however, that such rules and regulations are not
inconsistent with the terms or provisions of the Nautica Sound Documents. Copies
of any rules and regulations promulgated, amended or rescinded shall be mailed
or delivered to all Members at the last known address for such Members as shown
on the records of the Association at the time of such delivery or mailing and
shall not take effect until forty-eight (48) hours after such delivery or
mailing, or, in the event both forms of notification are used, whichever is
later. Notwithstanding the foregoing, where rules and regulations are to
regulate the use of specific portions of the Association Property, same shall be
conspicuously posted at such facility and such rules and regulations shall be
effective immediately upon such posting. Care shall be taken to insure that
posted rules and regulations are conspicuously displayed and easily readable and
that posted signs or announcements are designed with a view towards protection
from weather and the elements. Posted rules and regulations which are torti down
or lost shall be promptly replaced.
Section 11. Parliamentary Rules
The then latest edition of Robert's Rules of Order shall govern the conduct
of meetings of all Members and the Board; provided, however, if such rules of
order are in conflict with any of the Nautica Sound Documents, Robert's Rules of
Order shall yield to the provisions of such instrument.
FTL:86878:2
8
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EXHIBIT A
distance of 28.85 feet (said ate subtended by a c~on:f whicb beaT$ N..6S047'19"e. a
distance of 28.84 feet), to a point of intersection With a Don-tangent Une; thence
S.1~7""E, a distance of 20.29 feet, to a point of inter$ection with a non-tangent
curve, concave Southerly, having a radlus of 480.00 feet and a central angle of
2"9"25'"; thence Easterly, along the arc of said curve to the right, a distance of 219.13
feet(saJdarc subtended by a chord which bears N.81007'09'"E. a distance of217.23
feet). to a point of tangency; thence S.8S-4a"O~ a distance of 203.56 feet; thence
S.Q2011'43"W, along the Easterly rme of the Northwest one-quarter of said section 7, a
cf&:Stance of 80.05 feet; thence N.85"48'08'"W, a distance of 206.36 feet, to the point of
curvature of a curve, concave Southerly. having a radius of 400.00 feet and a centr31
angle of 51--00'00-; thence Westerly. along the arc of said curve to the left, a distance of
356.05 feet, to a point of tangency; thence S.43611'52"W, a distance of92.48 feet;
thence S.4Er'48'08~ a distance of 134.95 feet; thenc:e S.O'r'44'12"E. a cflStance of
176.18 feet; thence S.88~ 5'50"W, along the Southerly fine of the Northwest cne-.quarter
of aaid aection 7. a distance of 566.91 feet; thence S.SSoa8"38"W. a distance of 1,456.13
feet; thence N.02"02"5re., a distance of 818.60 feet; thence N.15*S2"42"E. a cflStanoe of
51.42 feet; thence H.02"02'5S"E, a distance of 435.34 feet. to the POINT OF BEGINNING;
Containing 84.48 acres, more or Jeu.
Page 2
C'HB _~939?s 1415
EXHIBIT B
Legal Description of Additional Property
FTL:86894:4
OR8 893:7 Ps. j 4. ~ .t~
EXHIBIT B
L~~~~ ADDITIONAL PROPERTY
A parcel of land lying in the Northwest one-qUaIter of section 7, Township 45 South. Range 43
East, Palm Beach Count); Florida. being more particuJat1y described as follows:
Commence at the Notthwest comer of the Northwest one-quatter of said section 7 ; thence
N.8S025'11~ along the Northerly line of the Northwest one-quarter of said section 7, a distar.ce
of 1,261.47 feet; thence s.02"07"20'\0V, a distance of 75.49 feet, to the POINT OF BEG1NNJNG of
the herein desaibed parcel, and a point of intersection with a non-tangent curve, concave
Southerly, having a radius of 11,325.16 feet and a central angle of ()20()7'09"; thence Easterly,
along the arc of said curve to the right, it distance of 418.86 feet (said ~ subtended by a chord
which bears s.~B'2~ a distance of 418.84 feet), to a point of tangency; thence
S.SS034~ a cDstant;e of SO. 00 feet, to the point of curvature of a c:rve, concave Northerly,
having II radi~ of 11,$93.10 fHt @nq (i ~ angle of C2059'Sq-; thence Easterfyl along the arc
of said CtJtW to the left, a di~ of 6D8. 7g feet, to a poif?l of tan~ thence N.8S02S'11ME, 8
distance of 184.11 feet; thence S.Q2011#~ along the Easterly line of the Ni:Jrthwest one-
quarter of said section 7, a distance of 2, 049.31 feet; thence N.8S04B'Os-w, a distance of 203.56
feet, to the point of curvature of a c;urve. concave Southerly, having a radius of 480.00 feet and a
central angle of 2BV09'2S'; thence Westel1y, along the arc of said curve to the /eft, a distance of
219.13 feet, to a point of intersection with a non-tangent line; thence N. 1 ~'17~ a distance of
20.29 feet, to a point of intsrsecfion with a non-tangent CUYe. c:oncave Southeasterly, having a
radiuS of 500.00 feet and a central angle Of ()301tr21-; thence SCuttrwesterly, along the arc of
said a.rve to the /eft. a distance of 28.85 feet (said arc SlJbtended by a chord which bears
S. 6S04N~ a distance of 28. B4 feet), to a point of intersection with a non-tanQA...nt line; thence
N. 7~52'31~ a distance of 13.86 feet thence N.2101S'~ a distanCe of 149.99 feet; thence
S.6r47'11W, a distance of 21. 75 teet; thence N.2?12'49"liY, a distance of 40.00 feet; thence
S.ffT047"11'W, . distance of 25. tJ7 feet; thence N.J'2I1Oe"2nY, a distance 0'32.21 feet; thence
Page 1
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Section 14. Interpretation
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Section 12. Roster of Owners
Each Owner shall file with the Association a copy of the deed or other
document showing his ownership. The Association shall maintain such information.
The Association may rely on the accuracy of such information for all purposes
until notified in writing of changes therein.
Section 13. Amendment of the Bylaws
13.1. These Bylaws may be amended as hereinafter set forth in this
Section 13.
13.2. After the Turnover Date, any Bylaw of the Association may be
amended or repealed, and any new Bylaw of the Association may be adopted by
either:
(i) majority vote of the Members at any Annual Members I
Meeting or any special meeting of the Members called for that purpose or by
majority action of the Members who have acted by written response in lieu of a
Meeting as permitted by these Bylaws; or
(ii) by the affirmative vote of a majority of the Directors
then in office at any regular meeting of the Board or, at any specia,l meeting of
the Board called for that purpose or by written instrument signed by all of the
Directors as is permitted by these Bylaws, provided that the Directors shall not
have any authority to adopt, amend or repeal any Bylaw if such new Bylaw or such
amendment or the repeal of a Bylaw would be inconsistent with any Bylaw
previously adopted by the Members.
13.3. Notwithstanding any of the foregoing provisions of this Section
13 to the contrary, until the Turnover Date, all amendments or modifications to
these Bylaws and adoption or repeal of Bylaws shall only be made by action of the
First Board as described in the Articles, which First Board shall have the power
to amend, modify, adopt and repeal any Bylaws without the requirement of any
consent, approval or vote of the Members.
13.4. Notwithstanding the foregoing prOV1S1ons of this Section 13,
there shall be no amendment to these Bylaws which shall abridge, amend or alter
the rights of: (i) Declarant, without the prior written consent thereto by
Declarant for so long as Declarant holds at least one (1) Lot for sale in the
ordinary course of business; or (ii) any Institutional Mortgagee without the
prior written consent .of such Institutional Mortgagee.
13.5. Any instrument amending, modifying, repealing or adding Bylaws
shall identify the particular section or sections affected and give the exact
language of such modification, amendment or addition or of the provisions
repealed. A copy of each such amendment, modification, repeal or addition
attested to by the Secretary or Assistant Secretary of the Association shall be
recorded amongst the Public Records of the County.
FTL:86878:2
9
ORS
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Section 14. Interpretation
In the case of any conflict between the Articles and these Bylaws,
the Articles shall control; and in the case of any conflict between the
Declaration and these Bylaws, the Declaration shall control; and in the event of
any conflict between the Articles and the Declaration, the Declaration shall
control.
NAUTICA SOUND HOMEOWNERS ASSOCIATION,
INC.
By:
Alan
~7--
Fant, Vice President
~
(SEAL)
FTL:B6B7B:2
10
RESOLUTION NO. R96-/~~
ill
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A RESOLUTION OF THE CITY COMMISSION
CITY OF BOYNTON BEACH, FLORIDA, AUT
THE REDUCTION OF SURETY TO $44,874.52 FOR THE
NAUTICA PUD PLAT II TO G.L. HOMES OF BOYNTON
BEACH, INC. AND PROVIDING AN EFFECTIVE DATE.
NNING AND
NING DEPT.
~
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I
I
I
I
II
I
I WHEREAS, staff has verified the status of completion of the
I required site improvements on the above property; and
t'pI
-- WHEREAS, the City Commission of the City of Boynton Beach,
I Florida, upon recommendation of staff, hereby authorizes reduction
of surety to $44,874.52 to G.L. Homes of Boynton Beach, Inc.
II
,
i
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE!
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach, !
Florida, hereby authorizes reduction of surety to the amount of :
$44,874.52 to G.L. Homes of Boynton Beach, Inc.
Section 2. That this
immediately upon passage.
Resolution
shall
become effective I
,
I
I
PASSED AND ADOPTED this 6
day of #u&Z'V6"l , 1996.
CITY OF BOYNTON BEACH, FLORIDA
/j~/O~
Mayor If.
_~~C7 9 q~ILL-C' ~~L,.
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Commissioner
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II
ATTEST:
~
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Cit Clerk
II (Corporate Seal)
II
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Surety.Red
I NAUTICA PUD PLAT II 7/30/96
II
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II
[~rfE II IE U \YI ~@~
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RESOLUTION NO. R96-//G7 i..L.":]
A RESOLUTION OF THE CITY COMMISSION O~\I~"1;:,
CITY OF BOYNTON BEACH, FLORIDA, A' NING O/:;-,/.
ACCEPTANCE OF THE FINAL PLAT FOR NAUTICA SOUND
PUD PLAT 2, ALSO APPROVING THE FORM AND
CONTENT OF THE DECLARATION OF RESTRICTIONS FOR
NAUTICA SOUND PUD PLAT 2; THE SURETY; THE
MAINTENANCE AGREEMENT; AND THE DEVELOPMENT
ORDER WHICH DOCUMENTS ARE ATTACHED HERETO AS
COMPOSITE EXHIBITS "A", "B" & "C"; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Commission of the City of Boynton Beach,
upon recommendation of staff, does hereby accept the Final Plat for
Nautica Sound PUD Plat 2, and also approves the form and content of
the Declaration of Restrictions for Nautica Sound POD Plat 2; the
Surety; the Maintenance Agreement; and the Development Order which
documents are attached hereto as c0mposite Exhibit "A", "B" & '''C''.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida, does hereby approve the Final Plat for Nautica Sound PUD
Plat 2 and also approves the form and content of the Declaration of
Restrictions for Nautica Sound PUD Plat 2; the Surety; the
Maintenance Agreement; and the Development Order which documents
are attached hereto as composite Exhibit "A", "B" & "C".
Section 2. That this Resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED this
6
day of ;.Iu~~ , 1996.
CITY OF BOYNTON BEACH, FLORIDA
~/-
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Commissioner
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Commissioner
~
~
ATTEST:
d.~ r~~
C~~~sioner
I
l~dAV~"~~M_
II Ci y Clerk
I (Corporate Seal)
Final Plat 7/31/96
I NAUTICA SOUND PUD PLAT 2
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KEY MAP
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LOCA nON Sl<ETOt
ADMINISTRATIVE CONDITIONS
Project name: NAUTICA SOUND PUD. PLAT 2
Type of Development Order (Master Plan, Site Plan or Plat)
PLAT
Drawing reference:
File Number:
See Exhibits "A" and "B"
DEPARTMENTS INCLUDE REJECT
DEVELOPMENT
Comments:
Prior to issuance of a Land Development Permit by. the Director of
Development, the applicant will revise surety so that it is enforceable until
released by official City Commission Resolution, and will provide written
approval of the surety by the Boynton Beach Finance Department.
Recommendations:
Provide two lifts of asphalt on all roads.
PLANNING & ZONING
Comments: , -~
Plat documents may not be recorded until City Attorney and Staff have
approved Homeowners Association documents.
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EXHIBIT "C"
DEPARTMENT OF DEVELOPMENT
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
APPLICANT: GL HOMES OF BOYNTON BEACH II CORP.
APPLICANT'S AGENT: LAWSON. NOBLE & WEBB. INC.
APPLICATION NO.: N/A
DATE OF APPLICATION: JUNE 16. 1996
DATE OF HEARING BEFORE CITY COMMISSION: AUGUSL6.J22.L
TYPE OF RELIEF SOUGHT: PLAT APPROVAL - NAUTICA SOUND PUD. PLAT 2
LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED HERETO.
NAUTICA SOUND PUD. PLAT 2. SHEETS 1 OF 6 STAMPED IN JULY 30. 1996
ORA WINGS(S): SEE EXHIBIT "B" A TT ACHED HERETO
NAUTICA SOUND PUD. PLAT 2. SHEETS 1 OF 6 THRU 6 OF 6 STAMPED IN JULY 30. 1996
. -~
THIS MATTER came on to De heard before the City Commission of the City of Boynton Beach, Florida
on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and
heard testimony from the applicant, members of city administrative staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested by
the public and supported by substantiaL competent evidence are as set forth on Exhibit "C" with the notation
"Included. "
4. The Applicant's application for relief is hereby
v GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and conditions
of this order.
7 . Other:
DATED: a~f~L.e: /99~
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City Attorney
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City erk
ENGINEERING MEMO #96-107
DATE: March 28,1996
TIl;. SUE KRUSE,
MIKE HAAG
MILT DUFF
PETE MAZZELLA
FROM; KEN HALL @
SUBJECT: RECORDED PLAT - NAUTICA SOUND - PLAT ONE
Attached is your copy of the subject plat.
KRH/krh
platcopy.out
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PLANNING A!\lD
ZONING DEPT.
rn
OFFICE OF THE DIREC 0
rn @ ~ 0
00
The Ciry of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Phone (407) 375-6400
FAX: (407) 375-6298
nCT , ~ 1996
OF UTILITIES
PLANNING AND
ZONING DEPT.
October 14, 1996
Ms. Karyn Janssen
Kilday and Associates
1551 Forum Place, Suite l00A
West Palm Beach, FL 33401
RE: Nautica Sound - Landscaping in Utilities Easements
Dear Ms. Janssen:
My staff has reviewed your fax of October 10, and has also reviewed our written
comments and notes on this project regarding the placement of trees within utility
easements. The extent of our written comments on this issue appeared in Utilities
memorandum no. 96-104, dated March 21, 1996, which states: "No trees, except palm
trees, are permitted within Utility Easements, (Sec. 7.5-18.1)". This statement applied
to the entire site, and was intended to provide guidance for your office and the other
design professionals working on this project. Our position on this issue remains the
same to this day.
It seems, however, that this issue is being made overly complex. Our intent was quite
simple, namely, to restrict the placement of trees which would be likely to impact our
water and sewer mains both now and in the foreseeable future. The common meaning of
a tree includes the entire plant, not just the trunk as seems to be your sole determinant in
determining where the tree is located. It seems ludicrous to us when referring to a Live
Oak or Mahogany tree whose trunk is planted approximately one foot from a utility
easement, to assume that the roots and branches of the tree will not encroach into the
easement. These species of trees are selected because they exhibit a broad expanse of
foliage, and would naturally be expected to have a span of 20-30 feet when mature,
thereby encompassing the entire utility easement, and seriously impacting the main lines
within the easement.
Karyn Janssen
Page 2
Your letter of April 15, 1996 to Tambri Heyden and Mike Haag included a statement on
page 5, item 1 which included the following: "Any trees located within the utility
easements will be located in those areas only with the prior approval from the Boynton
Beach Utilities Department. A general note has been added to Sheet 1 of 11 to indicate
the restriction regarding trees being located within utility easements." This statement
gave us the assurance we needed to allow the plan to proceed without additional
comments regarding trees, fully expecting that this issue would be reconciled to our
satisfaction on the landscaping permit plans. Unfortunately, this reconciliation is not
shown on the permit plans, so our objection remains in force.
At no time did I or my staff countermand my March 21 memorandum, or otherwise
agree to the placement of the trees (other than palms) within easements containing our
utilities. We intend to hold firmly to this position, so please modify your plans
accordingly. To avoid any possibility of misinterpreting verbal comments in the
future, any changes or modification to our technical comments will always be in
writing over my signature.
I trust this letter clarifies our position on this matter. Any questions should be directed
to Peter Mazzella of this office.
Jo A. Guidry
Director of Utilities
JAG/PVM
xc: Skip Milor
Carrie Parker
Kevin Hallahan
Tambri Heyden
File
C:\OFfICE\WPWIN\WPOOCSISEPOCT96\TREES.WPD
MEETING MINUTE...,
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
request. The total State budget for this project is $36.8 million.
2. Proposed Resolution No. R96-28 Re: Authorize execution of a tri-
party development project grant agreement between the City of
Boynton Beach, the State of Florida, Department of Environmental
Protection, and Palm Beach County in pursuance of a project
approved under the Florida Boating Improvement Program
Vice Mayor Bradley asked if this Resolution covered replacement of the existing docks.
City Manager Parker advised that this covers repair only of the existing docks.
4. Proposed Resolution No. R96-30 Re: Final plat approval for
Nautica Sound
Attorney Cherof advised that this issue is tied in with a pending lawsuit. He distributed
copies of a conceptual settlement agreement. The City still does not have a final agreement
on the language for the entire agreement. The high points of the agreement include:
1. A portion of the roadway within the subdivision, which is on the plat
depicted as Springfield Boulevard is adjacent to an undeveloped park known
as "Nautica Park" and could be developed as a park. The City would make
a determination at some point in the future relative to leaving it as is, or
developing it for park use.
The plat would require some language changes including a notation on the plat itself,
delineating this portion of the road for this type of dedication. The plat can still go forward
even though final agreement has not yet been readIed.
Bill Hukill, Director of Development, advised that this land went through a rezoning and
master plan process quite a while ago. The master plan was approved by a previous City
Commission. This applicant came back through the process with a revised master plan
which was approved. The major change between the two master plans was the
configuration of roads. The first master plan showed Meadows Boulevard (Springfield
Boulevard) as a continuous road from Meadows Park to Hypoluxo Road. The Commission
now has three options relative to this plat.
1. Approve the plat with or without conditions;
2. reject the plat, or
3. postpone action.
6
-..--.------------
----------
MEETIN G MII\ '" TES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
It is fair to the applicant to process this application as diligently as possible. A very limited
number of conditions exist, and the applicant should be given the opportunity to succeed
or fail on the plat. The applicant has acknowledged the issue of the lawsuit on the road.
They have no great interest on this issue and will develop the property whichever way the
City decides.
The only way staff could approve the plat was if it complied with the most recent master
plan approval. That plat shows the road open. There are several ways to resolve the issue
of the lawsuit. One of the ways would be to have a condition that the road not be put
through. The applicant has completed all requirements of the Land Development
Regulations, and Mr. Hukill recommends approval of the plat. If the plat is rejected, the
applicant can then put the road through because we will revert back to the original master
plan approval.
Attorney Cherof feels the only appropriate action by the Commission would be approval
of the plat. It can be approved subject to the conditions set forth in the settlement
agreement even though it has not been signed. The applicants for the plat approval are in
agreement with the terms and conditions of the settlement agreement. There is no reason
to delay approval of the plat.
Richard Carlson. representing the 300 Property Owners' Association. reported that he has
been working with the City Attorney and City Manager. Until the most recent draft was
received at 5:50 p.m. today, he thought there was a clear understanding of what the
arrangement involved.
Mr. Carlson said he could avoid a lot of discussion and say there is an agreement if the City
Attorney will confirm that the four criteria set fortb.iIt Paragraph 5B relative to opening the
road are intended to be triggered if there is a demonstrated compelling need for a through
connection as a result of the traffic study. The City Attorney believes the property owners
have adequate assurances given the four criteria, but they would like a comfort level that
the street will not be connected unless there is a demonstrated compelling need for that
connection.
Attorney Cherof said he is not comfortable with anything other than the standards set forth
in Paragraphs SA and B of the agreement because he does not know what the legal
standard is for "no compelling need". This is an undefined term and he does not believe
it adds anything to the agreement. The agreement provides four elements the City must
meet through a court proceeding before a road can be built. Those four elements are
sufficient enough to provide satisfaction for the participants in the lawsuit to believe they
have prevailed in protecting the rights of the people in the community.
7
MEETING MINUT.
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
Mayor Taylor advised that no one on the City Commission has any intent of putting the
road through. We have tried to make this agreement as air tight as possible so that the
residents understand they will never see a roadway put through.
Mr. Carlson objects to the approval of the plat because it is inconsistent with the
Comprehensive Plan. He will work expeditiously with the City Attorney and the City
Manager to try to resolve this last issue. He requested that the City Attorney provide the
language which will give a comfort level and which connects the finding of the traffic study
of February 2, 1996 with the four criteria.
Larty Portnoy. of G.L. Homes. owners of Nautica Sound. reported that they have done
everything possible to comply with all rules and regulations. They are not a party to the
lawsuit, but they stand to lose the most if this comes to fruition. They have a vested
interest in seeing the plat approved tonight. They have been working diligently with Mr.
Hukill and Attorney Cheraf in an effort to resolve this situation. The land has been cleared,
but development has been halted. They are in agreement with the settlement conceptually.
Conditioning tonight's plat approval on the settlement of the lawsuit is unfair to the
applicant. They are working to adopt language into the plat to leave the City the necessary
flexibility to avoid any type of plat amendment. They have complied in every area, and
would like this plat approved tonight.
Mayor Taylor is hopeful that the proper verbiage can be drawn up to make this issue clear.
The City has no intention of putting through this road.
Mayor Pro Tern Matson said she was led to believe there was a settlement. She does not
feel it is in anyone's best interest to hold a project hostage over some verbiage. Whenever
there is the threat of litigation, she thinks it is best..tp mediate and negotiate. This project
is in her District, and meetings have been going on since last summer. She thanked
everyone involved for doing what has been done to date. She is hopeful this will be settled
soon without any court action.
Motion
Vice Mayor Bradley moved to approve Proposed Resolutions Nos. R96-27 and R96-28.
Commissioner Jaskiewicz seconded the motion which carried unanimously.
Motion
Vice Mayor Bradley moved to approve Proposed Resolution No. R96-30.
8
MEETIN G Mil . .JTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
Attorney Cherof recommended that the motion allow the flexibility of permitting the
amendment which is described in Section 4 of the proposed settlement agreement. This
provides for flexibility to continue to resolve the issue. The City Commission will be
approving the plat only, not the settlement agreement. The language in Section 4
references the small tract which can be treated either as a right-of-way, road or park. He
recommends that the motion allow them to submit the amendment tomorrow morning in
advance of recording.
To the motion, Vice Mayor Bradley added that the approval be contingent on Item 4 in the
proposed settlement agreement coming forward. Commissioner Jaskiewicz seconded the
motion.
Mayor Taylor said this is a very difficult issue to tie together when information is
presented at the meeting. He feels this should have been pulled off the agenda or brought
in separately.
The motion carried 4-0.
IV. ANNOUNCEMENTS & PRESENTATIONS:
A. Announcements:
1. Joint City Commission/Chamber of Commerce Workshop - March
18, 1996 - 7:00 p.m. in the Boynton Beach City Library Program
Room
Mayor Taylor made this announcement. _ ~
2. P.A.L. Event
Mayor Pro Tern Matson advised that the Boynton Beach Police Athletic League is
sponsoring a Oassic Car and Motorcycle Show at John Prince Park on Sunday, March 10,
from 10:00 a.m. until 4:00 p.m. There will be music, raffles, trophies, live entertainment,
and food booths. She urged all to attend.
Commissioner Jaskiewicz requested moving up the item she added to the agenda.
Motion
Vice Mayor Bradley moved to reorder the agenda to move Item IV-B.2.c to Item IV-A.3.
Mayor Pro Tern Matson seconded the motion which carried unanimously.
9
---------------~~.--~-----
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 5, 1996
approved under the Florida Boating Improvement Program
This item was pulled from the Consent Agenda for discussion.
3. Proposed Resolution No. R96-29 Re: Bond Reduction - Nautica
Plat 1
4. Proposed Resolution No. R96-30 Re: Final plat approval for
Nautica Sound
This item was pulled from the Consent Agenda for discussion.
D. Approval of Bills
A copy of the bills is attached to the original copy of these minutes on file in the City
Clerk's Office.
E. Request refund of Cemetery Lots 74A & B, Block N, Boynton Beach
Memorial Park
As outlined in Memorandum No. 96-23 dated February 21, 1996, from City Clerk Sue Kruse
to City Manager Carrie Parker, Jerry D. Sargent requests a refund on the above-mentioned
lots.
F. Authorize disposal of records - Human Resources Department
As outlined in Memorandum No. 96-22 dated Febmary 21, 1996, from City Clerk Sue Kruse
to City Manager Carrie Parker, the State has approved Records Disposition Request No.
306.
G. Approve additional work in the Microbial Remediation Process - City
Ha1lJFire Station #1 in the amount of $7,693.
An agenda memorandum dated February 26,1996, from Lana Koester, Purchasing Agent,
to Carrie Parker, City Manager, lists the additional work needed in the microbial
remediation process in City Hall and Fire Station #1. The total amount of this request is
$7,693. Funds are available in Account #301-194-5-634.12.
4
RESOLUTION NO. R96-/~~
I
I
flnw~
'in 'OQ/; i
I
1,'11
WHEREAS, staff has verified the status of completion of the
Ii required si te improvements on the above property; and
II
I
I
I
A RESOLUTION OF THE CITY COMMISSION F THt
CITY OF BOYNTON BEACH, FLORIDA, AUTHORI G
THE REDUCTION OF SURETY TO $101,618.00 FOR THE
-NAUTICA SOUND PUD PLA~QN~ ~O G.L. HOMES OF
BOYNTON BEACH"II CORPORATION AND PROVIDING AN
EFFECTIVE DATE.
.~-.. I
,'" I
..... _'L'd}-l'
-"--
WHEREAS, the City Commission of the City of Boynton Beach,
Florida, upon recommendation of staff, hereby authorizes reduction I
of sure~y to $101,618.00 to G.L. Homes of Boynton Beach II i
Corporat~on. I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE I
CITY OF BOYNTON BEACH, FLORIDA THAT: I
Section 1. The City Commission of the City of Boynton Beach,
Florida, hereby authorizes reduction of surety to the amount of
$101,618.00 to G.L. Homes of Boynton Beach II Corporation.
Section 2. That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this /7'
day of ~~ , 1996.
CITY OF BOYNTON BEACH, FLORIDA
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Commissioner
ATTEST:
Commissioner
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Ci Clerk
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RESOLUTION NO. R96~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
ACCEPTANCE OF THE EINAL PLAT FOR NAUTICA SO~
... PTm PLAT 1, ALSO APPROVING THE FORM AND
CONTENT OF THE DECLARATION OF RESTRICTIONS FOR
NAUTICA SOUND PUD PLAT 1; THE SURETY; THE
MAINTENANCE AGREEMENT; AND THE DEVELOPMENT
ORDER WHICH DOCUMENTS ARE ATTACHED HERETO AS
COMPOSITE EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Commission of the City of Boynton Beach,
upon recommendation of staff, does hereby accept the Final Plat for
Nautica Sound PUD Plat 1, and also approves the form and content of
the Declaration of Restrictions for Nautica Sound PUD Plat 1; the
Surety; the Maintenance Agreement;and the Development Order which
documents are attached hereto as composite Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of BOJnton Beach,
Florida, does hereby approve the Final Plat for Nautica Sound PUD
Plat 1 and also approves the form and content of the Declaration of
Restrictions for Nautica Sound POD Plat 1; the Surety; the
Maintenance Agreement; and the Dev8lopment Order which documents
are attached hereto as composite Exhibit "A".
Section 2. That this Resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED this
~-
~A'<:!I-I
, 1996.
day of
,
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Ii
CITY OF BOYNTON BEACH, FLORIDA
(.1_ /I~ ,/.1 _____
/</j-,~L-f; V C;', cY
Mayor
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Vice Mayor
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May" Pro Tern ~
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Comm~ss~on r
Commissioner
ATTEST:
~/Y/Y;Sh-Y<;{~U>1
Ci Clerk
(Corporate Seal)
Final Plat 2/29/9&
NAUTICA SOUND PUD PLAT 1