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LEGAL APPROVAL iJJie City of 'Boynton 'Beach -f'~ ~p 100 'E. 'Boynton 'Buldi 'Boukvard P.O. 'Bo;c310 'Boynton 'Beadi, 7foritfa. 33425.0310 City 1faf[: (407) 375-6000 7.7U: (407) 375-6090 OF THE CITY ENGINEER March 28, 1995 Next Boynton Homes, Ltd. 901 Ponce De Leon Blvd., Suite 600 Coral Gables, FL 33134 Attention: Ramiro Rencurrell Re: Land Development Order - Citrus Park (Boynton Estates) Dear Mr. Rencurrell: We have this date received acknowledgement that the final plat for Citrus Park (Boynton Estates) has been recorded with the County Clerk of Court. That allows us to, and we hereby do, issue a Land Development Order as outlined in Appendix C, Boynton Beach Code of Ordinances. Issuance of a Land Development Order allows you to proceed with construction of required improvements. You are reminded that all required improvements must be completed by December 28, 1996 as stipulated in Appendix C, Article XI, Section 5. (twenty-one months from today). Failure to complete the required improvements by that date and absent an approved time extension the City Commission may call upon your surety to complete the work. Appendix C, Article XI, Section 5 requires monthly progress reports from your Engineer of Record, and we suggest that you schedule a pre-construction meeting with City Development and Utility Department staff to discuss scheduling, permitting, inspecting and other appropriate topics. This Land Development Order also allows you to enter the building permit process. For information on that process, please contact Chief Plans Reviewer Milt Duff (375-6352). Very truly yours, CITY OF BOYNTON BEACH, FLORIDA r . ~%.;~d~'!/ t#:.:,'{! l/ William Hukill, P.E. City Engineer WVH/ck ~_r__~ ,-.~ ~ . Irp lli n-~1 ~ r,.~\ \ \ \ D) r-~2_2_"~-~'.'=}-:! \ ; \ ' : ,~\ \ ~ ", ( , 29 "^.,.- i'l ~; ~(~!\R \ ' 'J I ,I t ~ r~ j..l '> j i . ~--_.'_._-~..~f!J. .----~ p~ f,NNli'lG i\ND . ~ ._._,_.-JQb~L!}J2L~:I~--.- xc: Carrie Parker, City Manager Tambri Heyden, Planning & Zoning Director Al Newbold, Deputy Building Official Peter Mazzella, Assistant to the Utility Director Milt Duff, Chief Plans Reviewer Don Johnson, Building Compliance Administrator James Du Vall~ E~g~neering Inspector J'l1nerua s (jateway to tfU (julfstream RESOLUTION NO. R95,,- .1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEA ACCEPTANCE OF T P.U.D., ALSO APPROVIN E F RM NO THE DECLARATION OF RESTRICTIONS FOR CITRUS PARK AND THE MAINTENANCE AGREEMENT, WHICH DOCUMENTS ARE ATTACHED HERETO AS COMPOSITE EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. - ~flt WHEREAS, the City Commission of the City of Boynton Beach, upon' recommendation of staff, does hereby accept the Final Plat for CITRUS PARK P.U.D., and also approves the form and content of the Declaration of Restrictions for CITRUS PARK and the Maintenance Agreement, which documents are attached hereto as composite! Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE I .r CITY OF BOYNTON BEACH, FLORIDA THAT: : I ! I Section 1. The City Commission of the City of Boynton Beach, Florida, does i ,! hereby approve the Final Plat for CITRUS PARK, a P.U.D., and also approves'the form i " and content of the Declaration of Restrictions for CITRUS PARK and the Maintenance! Agreement, which documents are attached hereto as composite Exhibit "A". ' ! Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this 7 day of /11r1.~(!,;'l, 1995. CITY OF BOYNTON BEACH, FLORIDA ,I " !i Mayor ii ~ J'/J&~ Vice 'ayor ATTEST: '"-)yo \ /' '-' ~;k' 99c~,~"," Ci Clerk (Corporate Seal) Fine' Pie. C~ru. Perk.2111/95 \V\ \, \,:::,__~ ' , .. . ,- . ' . , Record HECTOR DEC-20-1994 1:23Fm 94-419526 ORB 8551 F9 66 ...-- .... Ii Ii .. ... DECLARATION OF RESTRICTIONS, PROTECTIVE COVENANTS AND EASEMENTS BOYNTON ESTATES ~", fM~ (] { (1,,~17 FOR #-~h~ made this 15th day of December, 1994, by LTD., a Florida limited partnership, "Declarant II , which declares that the real II herein, which is owned by easements, charges ARTICLE I Definitions The following words when used in this Declaration (unless the context shall prohibit) shall have the following meanings: (a) "Articles" shall mean and refer to the Articles of Incorporation of the Association, a true copy of which is attached hereto as Exhibit "A", as amended from time to time. (b) "Association" shall mean and refer to BOYNTON ESTATES HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for profit. (c) "Board of Directors" shall mean and refer to the Board of Directors of the Association and, where applicable, any officer of the Association acting at the direction of the, Board of Directors. (d) "By-Laws II shall mean and refer ,to the By-Laws of the Association, a true copy of which is attached hereto as Exhibit liB", as amended from time to time. (e) II CAB II shall mean and refer to the Community Appearance Board. (g) "Common Areas" shall mean and refer to the property described in Exhibit "C", attached hereto and by this reference made a part hereof (as same may be amended and supplemented from time to time), together wi th the 1 (h) (j) (k) (1) Olu.. ass 1 pg 67 landscaping and any improvements thereon as Declarant may construct from time to time, including, without limitation, all structures, facilities, open space, walkways, sprinkler systems, and lighting installations, but excluding any public utility installations thereon and also excluding all units. "Declarant" shall mean and refer to Next Boynton Homes, Ltd., a Florida limited partnership, its successors and such of its assigns as to which the rights of Declarant hereunder are specifically assigned by written instrument. Declarant may assign all or any portion of its rights hereunder on an exclusive or nonexclusive basis or in connection with all or only a portion of the Community. In the event of any assignment of Declarants rights other than an exclusive assignment of all of such rights as to all of the Community, the assignee thereunder shall not be the Declarant but may exercise such specific rights which are assigned to it. Notwithstanding any assignment as aforesaid whatsoever, no amendment may be made to this Declaration, the Articles or By-Laws without the prior written consent of Next Boynton Homes, Ltd., a Florida limited partnership, as long as same owns any property in BOYNTON ESTATES. "Institutional Lender" shall mean and refer to any bank, savings and loan association, mortgage company, insurance company, real estate or mortgage investment trust, pension fund, government agency, government-chartered company, Declarant, Declarant's affiliates, any other lender generally recognized in Palm Beach County, Florida as an institutional lender, and any and all of the successors and assigns of the foregoing, provided that any such entity holds a first mortgage on a Unit. "Limited Common Areas" shall mean and refer to such portions of the Common Areas as are designated as Limited Common Areas by Declarant from time to time and are intended for the exclusive use of the Owner (s) of a specific Unit(s). without limiting the generality of the foregoing, assigned parking spaces (if any) shall be Limited Common Areas of the Units which they serve. Unless otherwise provided or the context indicates specifically to the contrary, reference herein to the Common Areas shall include Limited Common Areas. II Member " shall mean and refer to all those Owners of record title to any Unit, as provided in Article III, Section 1, hereof. 2 (m) (n) (0) 01. 8551 P3 68 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any unit situated within the Community. "Uni t " shall mean and refer to any parcel wi thin the Community, on which a single-family residential dwelling is constructed by Declarant and conveyed by recorded deed to a purchaser thereof. Each unit shall be subject to the easements described in Article IV hereof. "Community" and II Development " shall mean and refer to all such existing properties and additions thereto as are now hereafter made subject to this Declaration and which is intended to be made part of a common scheme of development in the manner specified hereunder, the initial portion of which is more particularly described iri Exhibit "D" attached hereto and by this reference made a part hereof. ARTICLE II Property Subject to this Declaration Section 1. Legal Description. The real property which initially is and shall be held, transferred, sold, conveyed and utilized subject to this Declaration is located in Palm Beach County, Florida, is more particularly described in Exhibit "0", and shall initially constitute the Development. Section 2. Supplements. Declarant may from time to time bring other land and property under the provisions of this Declaration by recorded supplemental declaration (which shall not require the consent of then existing Owners or the Association) and thereby add to the Development. Any such supplemental declaration may contain such modifications of, additions to and withdrawals from the provisions of this Declaration as the same pertain to the property described in the supplemental declaration as are appropriate, in Declarant's judgment, to reflect the nature and character of such property. Nothing in this Declaration, however, shall obligate Declarant to add to the initial portion of the Development or to develop future portions of the Development under a common scheme, nor to prohibit Declarant (or the applicable Declarant-affiliated Owner) from rezoning and changing the development plans with respect to such future portions or from adding additional or other property to the Development under a common scheme. All Owners, by acceptance of a deed to their Units, thereby automatically consent to any such rezoning, change, addition or deletion thereafter made by Declarant (or the applicable Declarant-affiliated Owner) and shall evidence such consent in writing if requested to do so by Declarant at any time. 3 ORB 8551 P9 69 ARTICLE III Membership and Voting Rights in the Association Section 1. Membership. Every person or entity who is a record Owner of a fee or undivided fee interest in any unit which is subject to this Declaration shall be a Member of the Association. Notwithstanding anything else to the contrary set forth in this Section 1, any such person or entity who holds such interest merely as security for the performance of an obligation shall not be a Member of the Association. Section 2. Voting. of voting membership: The Association shall have two (2) classes Class A. Class A Members shall be all those Owners as defined in Section 1 with the exception of Declarant (as long as the Class B membership shall exist, and thereafter, the Declarant shall be a Class A Member to the extent it would otherwise qualify). Class A Members shall be entitled to one (1) vote for each Unit in which they hold the interest required for membership by Section 1. When more than one (1) person holds such interest or interests in any Unit, all such persons shall be Members, and the vote for such Unit shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any such Unit. Class B. The Class B Member shall be Declarant. The Class B Member shall be entitled to one (1) vote, plus two (2) votes for each vote entitled to be cast at any time and from time to time by the Class A Members (e.g., if Class A members have a total of twenty (20) votes among them, the Class B Member would have forty-one (41) votes) . The Class B Membership shall cease and terminate (i) one (1) year after the last Unit within the Development has been sold and conveyed by Declarant; or (ii) when Declarant elects to terminate the Class B Membership (whereupon the Class A Members shall be obligated to elect the Board of Directors and assume control of the Association.) Section 3. General Matters. Unless otherwise specifically indicated to the contrary, when reference is made herein, or in the Articles, By-Laws, Rules and Regulations, any management contract or otherwise, to a majority or specific percentage or portion of members, such reference shall be deemed to be reference to a majority or specific percentage or portion of the votes of Members and not of the Members themselves. 4 01\.. aSSl Fg 70 Sec~ion 4. Addi~ional Classes of Members. The Association may create such additional classes or types of memberships in the Association as may be permitted by the Articles of Incorporatioi! and By-Laws of the Association from time to time. ARTICLE IV Property Rights in the Common Areas; Other Easements Section 1. Members Easements. Except as provided in section 3 hereinbelow, the portions of the Common Areas not used from time to time for driveway (other than Limited Common Areas) purposes shall be for the common use and enjoyment of the Members of the Association, and each Member shall have a permanent and perpetual easement for pedestrian traffic across all such portions of such property as are suitable for pedestrian traffic and for the use of the same as common open space in such manner as may be regulated by the Association. Such rights of use and enjoyment are hereby made subject to the following: (a) The right and duty of the Association to levy assessments against each unit for the purpose of maintaining the Common Areas , units (to the extent applicable) and facilities in compliance with the provisions of this Declaration and with the restrictions on any plat(s) of the Community.. (b) The right of the Association to suspend the right of an Owner to use any of the facilities located in the Common Areas for any period during which any assessment against such Owner's Unit remains unpaid; and for a period not to exceed sixty (60) days for any infraction of lawfully adopted and published rules and regulations. (c) The right of the Association to charge reasonable fees for the use of designated facilities (if any) situated on the Common Areas. (d) The right of the Association to adopt, at any time and from time to time, and enforce rules and regulations governing the use of the Common Areas and all facilities at any time situated thereon, including the right to fine Members as provided in Article .IX hereof. Any rule, and/or regulation, as the same may be modified, shall apply until rescinded by a majority of the Board of Directors of the Association. (e) The right to the use and enjoyment of the Common Areas and facilities thereon shall extend to all Members' immediate families, subject to regulation from time to time by the Association in its lawfully adopted 5 O~O ass 1 r9 71 and published rules and regulations. (f) The right of Declarant to permit such persons as Declarant, by written instrument signed by a Vice President or more senior officer of Declarant, shall designate to use the Conunon Areas and all facilities located thereon. (g) The right of Declarant to designate any portion(s) of the Conunon Areas as Limi ted Conunon Areas, thereby restricting the use thereof to fewer than all Owners, as well as the right of the Declarant to have access to the Conunon Areas to complete the construction of improvements thereon. (i) The right of Declarant to give, dedicate, or sell all or any portion of the Development to any public agency, authority or utility or private concern for such purposes and subject to such conditions as may be determined by Declarant; (j) The other provisions of this Declaration and the Articles and By-laws. Section 2 . Utility Easements. Use of the Conunon Areas for utilities, as well as use of the other utility easements over, under or through the Development, shall be. in accordance with the applicable provisions of this Declaration. Declarant and its affiliates and its and their designees shall have the right also to install and maintain security and other conununications lines, connections and equipment in the Development, and perpetual easements are hereby reserved for Declarant, its affiliates and such designees over the Conununity for this purpose. Likewise, each Owner and each appropriate utility company or agency shall have an easement for the purpose of maintaining all utility lines, connections and equipment serving a Unit and now or hereafter located on the Conunon Areas or other Units in accordance with this Declaration. All use of utility and conununication easements shall be in accordance with the applicable provisions of this Declaration. Section 3. Access to Units. Each Owner shall have a perpetual, nonexclusive easement for ingress and egress over those portions of the Conunon Areas which constitute docks, piers or other walkways if, but only if, such Owner must pass over such areas in order to gain access to his Unit. Section 4. Public Easements. Fire, police, coast guard, heal th and sanitation, and other public service personnel and vehicles shall have a permanent and perpetual easement for ingress and egress over and across the Conunon Areas for the purpose of performing their duly authorized duties. 6 O...r no 8551 pg 72 Section 5. ownership. The Common Areas, subject to the present or future designation of Limited Common Areas, are hereby dedicated to the joint and several use, in common, of the Owners of all units that may from time to time constitute part of the Development, in the manner specified in this Declaration. The Common Areas (or appropriate portions thereof) shall, upon the later of completion of the improvements thereon or the date when the last Unit within the Development has been conveyed by Declarant (or at any time and from time to time sooner, at the sole election of Declarant), be conveyed to the Association, which shall automatically be deemed to have accepted such conveyance. Beginning from the date this Declaration is recorded, the Association shall be responsible for the maintenance of such Common Areas (whether or not then conveyed or to be conveyed to the Association), such maintenance to be in a continuous and satisfactory manner without cost to the' general taxpayers of the City of Boynton Beach or Palm Beach County, Florida. It is intended that all real estate taxes against the Common Areas owned or to be owned by the Association shall be proportionally assessed against and payable as part of the taxes of the units within the Development, the value of such Common Areas being ipso facto included in the value of the units. However, in the event that any such taxes are assessed directly against the Common Areas, the Association shall be responsible for the payment of the same, including taxes on any improvements and any personal property on such land, which taxes accrue from and after the date this Declaration is recorded, and such taxes shall be prorated between Declarant and the Association as of the date of such recordation. Declarant shall have the right from time to time to enter upon the Common Areas for the purpose of the construction of any facilities on the Common Areas or elsewhere that Declarant elects to build, and to use the Common Areas and other portions of the Development for sales, leasing, displays and signs or for any other purpose during the sales, leasing, management or construction of any portion of the Development. without limiting the generality of the foregoing, Declarant shall have the specific right to maintain upon any portion of the Common Areas sales, administrative, construction or other offices without charge, and appropriate easements of access and use are expressly reserved unto Declarant, its successors, assigns, employees and contractors, for this purpose. Any obligation to complete portions of the Common Areas shall, at all times, be subject and subordinate to these rights and easements and to the above-referenced activities, offices or facilities. Accordingly, Declarant shall not be liable for delays in such completion to the extent resulting from an abatement of same because of the need or desire to use such offices or facilities and/or the conducting of the above-referenced activities on portions of the Common Areas to be so completed. Section 7~ other Easements. Easements are reserved over each Unit and the Common Areas in favor of each other Unit and the Common Areas in order to permi t maintenance and repairs of 7 ORB. 8551 p~ 73 improvements on any unit or to the Common Areas by the Association. The Association shall have a permanent and perpetual easement for ingress and egress over and across the Insured Property, as defined in Article VI, for the purpose of repairing, restoring or rebuilding any portion of the Insured Property in the event of damage thereto. Said easement shall extend to any person or entity designated to make such repairs by the Association or by the insurance company insuring said Insured Property against loss, damage or destruction. Section 8. Encroachments. If (a) any portion of the Common Areas encroaches upon any Unit; (b) any Unit encroaches upon any portion of the Common Areas; or (c) any unit encroach upon an adjoining Unit or Common Areas as the result of, but only as the result of, (i) storms or other acts of God, or (ii) as permitted by duly adopted rules of the Association, then, in any such event, a valid easement shall exist for such encroachment. Notwithstanding any of the foregoing, however, an Owner shall be liable for all damages to the Unit of another owner or to the Common Areas where the proximate cause of such damage is the failure of such owner to properly maintain his Unit. In addition to the above, the requirements, if any, of the City of Boynton Beach, Florida for ownership of a Unit shall be complied with at all times and no sale of a Unit may be made to any person or entity which does not meet such requirements. Section 9. Easements Appurtenant. The easements in favor of Owners provided in this Article IV shall be appurtenant to and shall pass with the title to each Unit. ." Section 1. Maintenance of Common Areas. ),)The Association shall at all times lilaintain in good repair anq/ manage, operate and insure, and shall replace as often as nec~sary, the Common Areas and the paving, drainage structures, lighting fixtures (if any) and appurtenances, landscaping, improvements and other structures, lighting fixtures (if any) and appurtenances, landscaping, improvements and other structures (except public utili ty installations ) situated on the ConuIIon Areas, all such work to be done as ordered by the Board of Directors. Maintenance of said lighting fixtures shall include and extend to payment for all electricity consumed in their illumination. All work pursuant to this Section 1 and all expenses hereunder shall be paid for by the Association through assessments imposed in accordance with Article VI. No Owner may waive or otherwise escape liability for assessments by non-use (voluntary or otherwise) of the Common Areas or abandonment of his rights to use the Common Areas, nor shall an Owner escape liability for assessments by the non-use of his Unit. ARTICLE V Maintenance 8 ORE. ass 1 P9 74 Sect.ion 2. Limitat.ions on Use. The portions of the Common Areas set aside for landscaping and pedestrian use shall be used for the purposes of lalidscaping, for installation and maintenance of underground utilities and lines, and for pedestrian ingress and egress to units and to the Common Areas, and shall not be used by Owners of the respective Units for parking or for any other purposes without the prior consent of the Board of Directors of the Association. No driveway access or vehicular access shall be permitted to any units across any landscaped and pedestrian areas. Sect.ion 4. Access at. Reasonable Hours. For the purpose solely of performing the maintenance authorized by this Article and all of the removal, maintenance and other work and inspections permitted under this Declaration, the Association, through its duly authorized agents, employees or independent contractors, shall have the right, after reasonable notice to the Owner, to enter upon any unit at reasonable hours on any day and an easement therefor is hereby expressly declared. Such notice shall not be required in the event of an emergency where a delay in entry would result in damage to any Unit, Common Area or persons or other property. ARTICLE VI Covenant. for Assessment.s Sect.ion 1. Creat.ion of t.he Lien and Personal Obligat.ion for Assessment.s. Except as provided in Section 11 of this Article VI, Declarant, for all units within the Development, hereby covenants and agrees, and each Owner of any Unit by acceptance of such deed therefor, whether or not it shall be so expressed in such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association annual and other assessments or charges for the maintenance, management, operation and insurance of the Common Areas, as provided in Article V hereof, and for the operation of the Association, including such reasonable reserves as the Association may deem necessary, capital improvement assessments as provided in Section 6 hereof, assessments for maintenance as provided in Section 4 hereof and all other charges and assessments hereinafter referred to, all such assessments to be fixed, established and collected from time to time as herein provided. In addition, special assessments may be levied against particular Owners and Units for fines and expenses incurred against particular Units and/or Owners to the exclusion of others. The annual, special and other assessments, if any, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the Unit and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest thereon and costs of collection thereof as hereinafter provided, shall also be the personal obligation of the person who is the Owner of such property at the time when the assessment fell due and of all subsequent Owners until paid. Except as provided herein with 9 O~b 8551 pg 7S respect to special assessments and surcharges which may be imposed on one or more units and Owners to the exclusion of others, and except as provided in Section 11 of this Article, all assessments imposed by the Association shall be imposed against all units subject to its jurisdiction equally. Reference herein to Assessments shall be understood to include reference to any and all of the aforesaid charges whether or not specifically mentioned. Sect.ion 2. Purpose of Assessment.s. The assessments levied by the Association shall be used exclusively for maintenance of the Common Areas as provided in Article V hereof and in Section 4 of this Article VI, for insurance as provided in Section 5 hereof, for contributions as provided in Section 8 hereof, for capital improvements as provided in Section 6 hereof, for the operation of the Association or to promote the health, safety, welfare and recreational opportunities of the Members of the Association and their families and guests. Sect.ion 3. Specific Damage. Each Owner shall be liable to the Association and be subject to a special assessment for any damage to any portion of the Common Areas or Units (including, but not limited to, damage arising from the discharge of debris, sewage, oil, or other prohibited substances from a Unit into or on the Common Areas of the Development) caused by or resulting from active conduct, misuse, negligence, failure to maintain or other cause attributable to such Owner, any member of his family or any agent, lessee, sublessee or invitee of such Owner. Such special assessment shall be levied and payable in accordance with the provisions of this Declarationaooall exhibits hereto relating to assessments inc::L,uding, butnot-'l-i-mited to, those providing for liens and ~jle-'-foreclosure thereof. -'. .._-~-.,..~ Sect.ion ~. Common Area Maint.enance and Repair~ As provided in Article V, the Association shall maintain the COmmon Areas, the costs of such maintenance" being deemed general-cOmmon expenses of the Association. Each Owner shall nevertheless keep his Unit at all times in a neat, attractive and safe condition, and the Association may levy a fine and/or special assessment against such owner for the cost of maintaining the appearance and safety of his Unit, plus an administrative fee of not more than twenty-five percent (25%) of such Cost. Notwithstanding the foregoing, however, the Association shall not be liable to any Owner or other person or entity for any damage caused by the failure of an Owner to keep his Unit in safe condition. Sect.ion 5. Insurance. ~a) Coverage. The Association shall maintain 1nsurance covering the Common Areas, and all fixtures, installations, addi tions and improvements constructed thereon, (collectively, the "Insured Property"), in an amount not less than 100% of the full insurable 10 0"0' 8551 pg 76 replacement value thereof, excluding foundations, piles, dredging and excavation costs. Such policies may contain reasonable deductible provisions as agreed to by the Board of Directors. Insurance coverage shall include fire and hazard insurance, comprehensive general public liability insurance, automobile liability insurance, workmen's compensation insurance, flood insurance, fidelity insurance and such other insurance as the Board of Directors of the Association shall determine from time to time to be desirable. All insurance policies obtained by the Association shall be for the benefit of the Association and the Owners and their mortgagees (without naming them), as appropriate, as their respective interests may appear. (b) Premiums. Premiums upon insurance policies purchased by the Association and charges and costs for uninsured damages shall be paid by the Association as a common expense, except that the amount of increase in the premium occasioned by misuse, improper occupancy or abandonment of any of the Common Areas by, or any other action or omission of, a particular Owner(s) shall be assessed against and paid by such Owner(s). Premiums may be financed in such manner as the Board of Directors deems appropriate. (c) Reconstruction and Repair. In the event of damage to or destruction of the Insured Property as a result of fire or other casualty, unless 75% (in terms of replacement costs) or more of the Insured Property is destroyed or substantially damaged and the Association elects not to proceed with repairs or restoration, the Board of Directors shall arrange for the prompt repair and restoration of the Insured Property. If 75% (in terms of replacement costs) or more of the Insured Property is substantially damaged or destroyed and if the Association duly and promptly resolves not to proceed with the repair or restoration thereof, the Insured Property will not be repaired, in which event the net proceeds of insurance resulting from such damage or destruction shall be held by the Association, which shall then be dissolved with the proceeds being distributed to the Owners in the manner provided by law; provided, however, that no payment shall be made to an owner until there has first been paid out of his share of such fund all mortgages and liens on his Unit in the order of priority of such mortgages and liens. (d) Plans and Specifications. Any reconstruction or repair must be made substantially in accordance with the plans and specifications for the original improvements to the Common Areas; or if not possible or commercially 11 Oh...' ass 1 pg 77 practicable, then in substantial accordance with the plans and specifications approved by the Board of Directors of the Association. (e) Assessments. If the proceeds of insurance are not sufficient to defr?y the estimated costs of reconstruction and repa1r to be effected by the Association, or if at any time during reconstruction and repair, or upon completion of reconstruction and repair, the funds for the payment of the costs of reconstruction and repair are insufficient, regular or interim assessments shall be made against the Units in sufficient amounts to provide funds for the payment of such costs. Such assessments on account of damage to the Insured Property shall be in the same proportion as all of the Owners' respective assessments, except as to special assessments for damage caused by a particular Owner{s). (f) Surplus. It shall be presumed that the first monies disbursed in payment of the costs of reconstruction and repair shall be from insurance proceeds. If there is a balance in a construction fund after payment of all costs relating to the reconstruction and repair for which the fund is established, such balance shall be held by the Association and applied in such a manner as the Board of Directors elects, including, but not limited to, an offset against future assessments. 12 Oh.., 8551 pg 78 (9) The Association will be required to obtain and maintain insurance of the aforedescribed types in the amounts required hereby only as long as such insurance is available at reasonable rates. The decision of a majority of the members of the Board of Directors as to whether the cost of such insurance is reasonable will be determinative. Section 6. Improvements. Funds in excess of $20,000 in anyone case which are necessary for the addition or replacement, or the financing of the addition or replacement, of capital improvements (as distinguished from repairs and maintenance) relating to the Common Areas and which have not previously been collected as reserves or are otherwise available to this Association shall be levied by the Association as special assessments only upon approval of the majority of the Board of Directors and upon approval by two-thirds (2/3) favorable vote of the Members of the Association voting at a meeting or by ballot as may be provided in the By-Laws of the Association. Section 7. Date of Commencement of Annual Assessments; Due Dates. The annual assessments provided for in this Article VI shall commence on the first day of the month next following the recordation of these covenants. The annual assessments shall be payable in monthly installments, or in annual, semi- or quarter-annual installments, if so determined by the Board of Directors. The assessment Amount may be changed at any time by the Board of Directors from that originally stipulated or from any other assessment amount that is in the future adopted. The assessment shall be for the calendar year (to be reconsidered and amended, if necessary, every six (6) months), but the amount of the annual assessment to be levied during any period shorter than a full calendar year shall be in proportion to the number of months (or other appropriate installments) remaining in such calendar year. The due date of any special or interim assessment under this Article shall be fixed by the Board in the resolution adopting such assessment. Section 8. Duties of the Board of Directors. The Board of Directors shall fix the date of commencement and the amount of the regular assessment against each Unit subject to the Association's jurisdiction for each assessment period at least thirty (30) days in advance of such date or period, and shall, at that time, prepare a roster of the Units and Owners and regular assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the regular assessment shall thereupon be 13 0/'\" '. ass 1 pg 79 sent to every Owner subject thereto at least twenty (20) days prior to the date such payment is due. The Board of Directors shall have the authority to fix and levy interim assessments for the purpose of paying expenses (other than those for capital improvements) incurred by the Association which are of a non-recurring nature, are not provided for in the applicable budget and cannot be paid from assessments collected pursuant to a budget for a subsequent time period(s). All such interim assessments shall be imposed and collected, and be enforceable by the lien for collection, as provided in this Article. The Board of Directors shall endeavor, however, to provide for all non-recurring expenses expected to be incurred during any applicable budget period in the budget for that period. Subject to the provisions of Article VII hereof, the Association shall upon demand at any time furnish to any Owner liable for an assessment a certificate in writing signed by an officer of the Association, setting forth whether such assessment has been paid as to any particular Unit. Such certificate (as to any person reasonably relying thereon) shall be conclusive evidence of payment of any assessment to the Association therein stated to have been paid. The Association, through the action of its Board of Directors, shall have the power, but not the obligation, to enter into an agreement or agreements from time to time with one or more persons, firms or corporations (including affiliates of the Declarant) for management services, the fees and charges for such services to be a common expense of the Association. The Association shall have all other powers provided in its Articles of Incorporation. Section 9. Effect of Non-Payment of Assessment; the Personal Obligation; the Lien; Remedies of the Association. If the assessments are not paid on the date(s) when due (being the date(s) specified in Section 7 hereof), then such assessments shall be deemed delinquent and shall, together with late charges, interest and the cost of collection thereof as hereinafter provided, thereupon be secured by the continuing lien on the Unit herein created, which lien shall bind such property in the hands of the then Owner, his heirs, devisees, personal representatives, successors and assigns. The personal obligation of the then Owner to pay such assessment shall pass to his successors in title and recourse may be had against either or both. If any installment of an assessment is not paid within fifteen (15) days after the due date, at the option of the Association, a late charge not greater. than eighteen percent (18%) of the amount of such unpaid installment may be imposed (provided that only one late charge may be imposed on anyone unpaid installment and if such installment is not paid thereafter, it and the late charge shall accrue interest as provided herein but shall not be subject 14 Ok 8551 P9 80 to additional late charges; provided further, however, that each other installment thereafter coming due shall be subject to one late charge each as aforesaid), or the next twelve (12) months' worth of installments may be accelerated and become immediately due and payable in full, and all such sums shall bear interest from the dates when due until paid at the lesser of (a) eighteen percent ( 18%) per annum or (b) the highest lawful rate applicable to consumer loans of equal amount. The Association may bring an action at law against the Owner(s) personally obligated to pay all sums due hereunder or may record a claim of lien and foreclose the lien against the property on which the assessments, late charges and interest are unpaid, or may pursue one or more of such remedies at the same time or successively, and attorneys' fees and costs actually incurred in preparing and filing the claim of lien and the complaint (if any) in such action, and in prosecuting the same, shall be added to the amount of such assessments, late charges and interest, and in the event a judgment is obtained, such judgment shall include all such sums as above provided (including all similar sums connected with any appellate proceedings). In the case of an acceleration of the next twelve (12) months' of installments, each installment so accelerated shall be deemed, initially, to be equal to the amount of the then most current delinquent installment, provided that if any such installment so accelerated would have been greater in amount by reason of a subsequent increase in the applicable budget, the Owner of the unit whose' installments were so accelerated sha.ll continue to be liable for the balance due and payable by reason of such an increase and a special assessment against such Unit shall be levied by the Association for such purpose. In addition to the rights of collection of assessments stated in this Section 9, any and all persons acquiring title to or an interest in a unit as to which the assessment is delinquent, including, but not limited to, persons acquiring title by operation of law and by judicial sales, shall not be entitled to the use of the Limited Common Areas or the use and enjoyment of the Common Areas until such time as all unpaid and delinquent assessments due and owing from the selling owner have been fully paid. Further, no sale or other disposition of a Unit shall be permitted until an estoppel letter is received from the Association acknowledging payment in full of all assessments and other sums due; provided, however, that the provisions of this sentence shall not be applicable to the Institutional Lenders and purchasers as contemplated by Section 10 of this Article. It shall be the duty and responsibility of the Association to collect assessments and to enforce payment thereof. Failure of the Association to send or deliver bills shall not, however, relieve Owners from their obligations hereunder. All assessments, surcharges, late charges, interest, 15 OkL.' 8551 pg 81 penalties, fines, attorney's fees and other sums. provided for herein shall accrue to the benefit of the Association. Section 10. Subordination of the Lien. The lien of the assessments provided for in this Article VI shall be subordinate to city and county real estate tax liens and to the lien of any mortgage (recorded prior to recordation by the Association of a claim of lien) to any Institutional Lender and which is now or hereafter placed upon any property subject to assessment; provided, however, that any Institutional Lender, when in possession, or any receiver, and in the event of a foreclosure, any purchaser at a foreclosure sale, and any Institutional Lender acquiring a deed in lieu of foreclosure, and all persons claiming by, through or under such' purchaser or Institutional Lender, shall hold title subject to the liability and lien of any assessment coming due after such foreclosure or conveyance in lieu of foreclosure). Any unpaid assessment which cannot be collected as a lien against any unit by reason of the provisions of this Section 10 shall be deemed to be an assessment divided equally among, payable by and a lien against all units subject to assessment by the Association, including the unit as to which the foreclosure (or conveyance in lieu of foreclosure) took place. Section 11. Effect on Declarant. Notwi thstanding any provision that may be contained to the contrary in this Declaration, for as long as Declarant is the Owner of any unit, the Declarant shall not be liable for assessment against such unit, provided that Declarant funds any deficit in operating expenses, exclusive of reserves, costs of capital improvements and non-budgeted repairs or replacements and management fees (if Declarant or its affiliate is entitled to same) of the Association. For the purposes hereof, a deficit in operating expenses shall be computed by subtraction from said expenses (exclusive of the items described in the foregoing sentence) all assessments, contributions and other sums received or receivable by the Association. Declarant may at any time and from time to time commence paying such assessments as to Units that it owns and thereby automatically terminate its obligation to fund deficits in the operating expenses of the Association, or at any time and from time to time elect again to fund deficits as aforesaid. When all Units within the Community are sold and conveyed to purchasers, Declarant shall have no further liability of any kind to the Association for the payment of assessments or defici~s other than those which arose prior to such time. Section 12. Funds. The portion of all regular assessments collected by the Association for reserves for future expenses, and the entire amount of all other assessments, shall be held by this Association for the benefit of the Owners of all Units, as their interests may appear, and may be invested in interest bearing accounts or in certificates of deposit or other like instruments or accounts available at banks or savings and loan institutions the 16 /'1' V 8551 pg B --, ""- deposits of which are insured by an agency of the united States. Section 13. Initial Contributions. Initial contributions, if any, to the Association made by Owners acquiring title from the Declarant shall be deemed ordinary Association income and need not be separated from or held or applied differently than assessments. Initial contributions shall not be credited against any assessments. Declarant may deduct, directly from such contributions, any sums due it hereunder or under any agreement for the sale of a unit between the Declarant and a purchaser whereunder such contribution is required. ARTICLE VII Certain Rules and Regulations Section 1. Applicability. The provisions of this Article VII shall be applicable to all of the Development, but shall not be applicable to Declarant or any portion(s) of the Development owned by it insofar as Declarant's activities in developing, managing, operating, selling or leasing any portion thereof are concerned. Section 2. Use Restrictions. (a) The Development shall be used solely and exclusively as a residential community and for no other purposes whatsoever. All operators of vehicles shall observe all posted speed limits and other rules and all "Rules of the Road II when within the boundaries of the Community. Vehicles shall at all times comply, and be operated in compliance, with all applicable Association, city, county, state and federal laws, rules and regulations pertaining to the operation of motor vehicles. (b) No person shall be permitted to remain in any vehicle parked within the Community overnight for any purpose. Except for the purpose of arrivals and departures, no person shall be permitted to remain in the Common Areas between the hours of 12:00 midnight and 6:00 a.m. (c) During hurricanes and other high velocity wind threats, each owner shall be responsible for following all safety precautions that may be issued or recommended by the National Hurricane Center, National Weather Service, the Association or any other applicable agency. If an owner plans to be absent during the hurricane season, such owner must prepare his Unit and secure or remove, as appropriate, any personal property prior to his departure in accordance with the -standards established by the Board of Directors of the Association (or in the absence thereof, with all due care), designate a responsible firm or individual to care for his Unit 17 ORb as:; 1 P'3 83 should there be a hurricane or other storm, and furnish the Association with the name(s), address and telephone number of such firm or individua.1. ~ucn firm or individual shall be subject to the approval of the Association. The Owner shall be liable for any and all damages caused to the Cornman Areas or other property of other Owners for such Owner's improper preparation or failure of removal, as the case may be, of personal property from around his Unit for hurricanes and other storms. Notwithstanding anything contained herein to the contrary, the Association may also levy fines in accordance with the rules and regulations if the Unit Owner fails to abide by the provisions of this paragraph. Notwithstanding the right of the Association to enforce the foregoing requirements, the Association shall not be liable to any Owner or other person or entity for any damage to persons or property caused by an Owner's failure to comply with such requirements. (d) No nuisances (as defined by the Association) shall be allowed in the Development or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereover shall be observed. (e) No owner shall erect or maintain any fence or other barrier, or other structure or improvement on any portion of the Development without the prior written approval of the Community Appearance Board. (f) No open fires shall be permitted on any Common Areas, except in any areas which may be approved for such use by the Board of Directors, and no charcoal, starting fluids or similarly used substances shall be kept in any portion of the Cornman Areas. (g) Notwithstanding anything in this Declaration to the contrary, Declarant and/or the Association may permit police vehicles or any other law enforcement agency vehicles be kept on any portion(s) of the Cornman Areas designated for such use by the Association or Declarant. Section 3. Temporary Structures. No structure of a temporary character, or trailer, tent, mobile home or recreational vehicle, shall be permitted on the Cornmon Areas at any time or used at any time as a residence, either temporarily or permanently, except by Declarant during construction and other activities. Section 4. Signs. No sign of any kind shall be displayed to the public view on any Unit or on the Common Areas without the prior written consent of the Association, except for lettering, registration numbers, flags and other displays customarily found on 18 ORB 8551 P3 84 residential structures. Section 5. Oil and Mining Operation. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in the Development, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in the Development. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any portion of the land subject to these restrictions. The foregoing shall not apply to any lawful dredging operations nor to fuel tanks and equipment installed in the Development by Declarant or the Association for the purpose of providing fuel to vehicles engaged in .the construction, sale, leasing, and marketing of the Development. Section 6. Pets, Livestock and Poultry. No pets or other animals shall be permitted in or about the improvements to the Common Areas except for the purpose of entering or exiting a unit. All pets brought into the Development shall be leashed (when not in a Unit) and attended at all times. Section 7. Commercial Trucks, Trailers, Campers and Boats. No trucks, commercial vehicles, campers, mobile homes, motorhomes, house trailers or trailers of every other description, recreational vehicles, horse trailers or vans, shall be permitted to be parked or to be stored at any place on the Development between the hours of 12:00 midnight and 6:00 am. Except as may be permitted by any rule adopted by the Board of Directors of the Association, no boat or watercraft shall be stored or parked on any portion of any Unit, except that an Owner may store a vessel in a place on his unit that is not readily visible from the Common Areas. Any vehicle or vessel parked or stored in violation of these or other restrictions contained herein or in the rules and regulations now or hereafter adopted may be towed or removed by the Association in accordance with applicable laws and ordinances at the sole expense of the Owner of such vehicle or vessel if such vehicle or vessel remains in violation for a period of 24 hours from the time a notice of violation is placed on the vehicle or vessel. The Association shall not be liable to the owner for trespass, conversion or otherwise, nor guilty of any criminal act, by reason of such lawful towing and once the notice is posted, neither its removal, nor failure of the Owner to receive it for any other reason outside of the direct control of the Association, shall be grounds for relief of any kind. Section 8. Garbage and Trash Disposal. No garbage, refuse, trash or rubbish shall be deposi ted except in trash cans as permitted by the Association. The requirements from time to time of the City of Boynton Beach, Florida or other applicable jurisdiction or entity for disposal or collection of solid waste 19 ORr-- 8551 P'3 8S shall be followed. The equipment, trash bins or trash cans for the storage or disposal of such material shall be provided by the Owner for his respective unit. The Association shall be responsible for providing proper equipment for disposal of garbage, rubbish, refuse and trash at various locations in the Cornman Areas. The Owner shall be responsible for keeping the equipment in a clean and sanitary condition and for disposing of all garbage, refuse, trash or rubbish in compliance with all applicable requirements. The costs of the foregoing shall be a cornman expense. Section 9. Additional Rules and Regulations. The Association may modify the rules and regulations set forth above, in whole or in part and the Association may adopt additional rules and regulations of the Association which will be incorporated herein by this reference and which may be modified, in whole or in part, at any time by the Board. Such modifications need not be recorded in the Public Records, but shall be kept in the Association's records and be available for inspection by Owners at reasonable times. ARTICLE VIII Community Appearance Board Section 1. Community Appearance - Common Areas. No improvement of any nature shall be erected, placed or altered on any Common Areas by an Owner other than Declarant. Any change in the exterior appearance of any building, wall, fence, or other structure or improvements, and any change in the appearance of the landscaping on any Common Area, shall be accomplished only by the Association through its Community Appearance Board (the "CAB"). The CAB shall have the power to promulgate such rules and regulations in such regard (and in connection with Sections 8 and 9, below) as it deems necessary to carry out the provisions and intent of this Declaration. The CAB is composed initially of: Manuel M. Mato E. Daniel Lopez Mike Verdeia and the address of said CAB is, until changed, in care of Next Boynton Homes, Ltd., 901 Ponce de Leon Boulevard, Suite 600, Coral Gables, Florida 33134. A majority of the CAB may take any action the CAB is empowered to take, may designate a representative to act for the CAB and may employ personnel and consultants to act for it. In the event of the death, disability or resignation of any member of the CAB, the remaining members shall have full authority to designate a successor. Members of the CAB shall be appointed by the Board of Directors of the Association as a committee thereof. without limiting the generality of Section 1 of this Article, the foregoing provisions shall not be applicable to Declarant or to construction, sales, management or other activities conducted by 20 ORB 8551 P3 86 Declarant. Section 2. Community Appearance Units. No Improvement shall be commenced, altered, removed, painted, erected or maintained in the Development, nor shall any addition, removal, change or alteration (including paint or exterior finishing) visible from the exterior of any unit be made, nor shall any awning, canopy or shutter be attached to or placed upon outside walls or roofs of buildings or other Improvements, until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been approved in writing by the CAB. The CAB shall approve proposals or plans and specifications submitted for approval only if it shall determine that: (a) the construction, alteration, removal or addition contemplated thereby in the location(s) indicated is not detrimental to the appearance of the Development as a whole; and (b) the appearance of any structure affected thereby will be in harmony with the surrounding structures and otherwise desirable. The CAB may condition its approval of proposals and plans and specifications as it shall deem appropriate, and may require submission of additional plans and specifications or other information prior to approval or disapproval of material submitted. The CAB may also issue rules or guidelines setting forth procedures for the submission of plans for approval. The CAB may require such detail in plans and specifications as it shall deem proper, including, without limitation, floor plans, site plans, drainage plans, elevation drawings, and descriptions or samples of exterior materials or colors. until the CAB shall have received all required plans and specifications, it may postpone review of any plans submitted for approval. Upon such receipt, the CAB shall have thirty (30) days in which to accept or reject any proposed plans; if the CAB shall not reject same within such time, said plans will be deemed approved. The CAB may require the payment of reasonable fees by a party requesting its approval hereunder, and such fees may be applied to CAB-related costs, expenses and salaries at the CABs discretion. Section 3. Completed Work; Inspections and Corrections. Inspection of work for approved plans and correction of defects shall proceed as follows: (a) Upon completion of work, Owner/Applicant shall give written notice of completion to CAB; (b) within sixty (60) days thereafter, the CAB may inspect the work. If the CAB shall find that the work done is not in compliance with the approved plans, it shall notify the Owner/Applicant within such 60-day period and shall require corrections for compliance. The CABs failure to notify Owner/Applicant of the noncompliance within the 60-day period after receipt of written notice of completion shall be deemed an approval of the work as completed; 21 ORL.. 8551 pg 87 (c) If the Owner/Applicant shall not have corrected the noncompliance within thirty (30) days after the date of notification the CAB shall notify the Association of such failure. The Association, at its option, may remove the noncomplying work or remedy the noncompliance, and Owner /Applicant shall reimburse the Association upon demand for all expenses incurred, plus an administrative charge not to exceed twenty-five percent (25%) of said expe~ses. If such expenses shall not be promptly paid, the Association shall levy an individual special assessment against such unit. Section 4. General Powers. The CAB shall have the absolute power to: (a) veto any action (taken or contemplated); (b) require specific action to be taken in connection with applicable sections in this Article. ARTICLE IX Resale and Leasing Restrictions Section 1. Leasing of units. In order to maintain the Development as a non-transient development, no Owner, other than Declarant, may lease, and no lessee may sublease, his Unit except in accordance with this Section. All references herein to leases shall be deemed to also include applicable subleases, and lessees to include sublessees. Any lease of a unit must be for the entire unit (including all appurtenances thereto) and for a term of not less than thirty (30) days. All leases shall be in the form promulgated by the Association from time to time, or in the absence of such a form, on such form of lease as is submitted to the Association and approved thereby, which approval the Association may withhold in its sole discretion. The Lessor and Lessee shall also promptly supply to the Association such additional information as it may reasonably require in connection with its determination of whether or not to grant its approval. within thirty (30) days of its receipt of the lease, forms and all requested additional information, the Association shall notify the involved Owner, in writing, of its approval or disapproval of the proposed lease/lessee. The Association may condition its approval on the making of reasonable modifications to the lease or on such other matters as the Association may deem appropriate. The minimum standards for the approval of a lease shall be: (a) the lease shall provide that the lessee (and his family, agents, guests and invitees) shall comply with all provisions of this Declaration and all applicable restrictions, rules and regulations of the Association.; (b) the lease shall provide that the Owner and lessee shall jointly and severally indemnify the Association and all other owners for any negligent or intentional acts or omissions of the lessee committed within the Development; 22 Of" ass 1 P9 88 (c) the lease shall provide that it may be terminated by the Association upon not more than seven (7) days, prior written notice to the Owner and lessee for the Owner's or lessee's failure to comply with the provisions of this Declaration (including, but not limited to, Article VII hereof) and all restrictions, rules and regulations of the Association; (d) the Owner or lessee, as they between themselves may decide, shall deliver to the Association a security deposit in an amount equal to the first month's rental due under the lease from which the Association may deduct the costs of any repairs or extraordinary maintenance necessitated by the acts or omissions of the lessee without waiving any of its other rights arising therefrom, the balance to be returned to the Owner or lessee, as appropriate, within thirty (30) days of the termination or expiration of the lease and the vacating of the Unit by the lessee; and (f) such other standards as the Association may from time to time adopt. Nothing herein contained nor done by an Owner, lessee or the Association shall be deemed to establish a landlord-tenant or the principal-agent relationship between the Association and the Owner or lessee, the sole purpose of the requirements of this Section being to ensure the compliance of all parties with this Declaration and applicable restrictions, rules and regulations including, without limitation, the protection of Units and Common Areas. Section 6. Estoppel Certificate. No Owner may lease, sell or convey his interest in a unit unless all sums due the Association shall be paid in full and an estoppel certificate in recordable form to such effect shall have been received by the Owner. If all such sums shall have been paid, the Association shall deliver such certificate within ten (10) days of a written request therefor. The Owner requesting the certificate shall pay to the Association a reasonable sum, not to exceed $50.00, to cover the costs of examining records and preparing the certificate. ARTICLE X Enforcement Section 1. Compliance by Owners. Every Owner shall comply wi th all rules and regulations which from time to time may be adopted by the Board of Directors of the Association. Section 2. Enforcement. Failure of an owner to comply with such aforesaid restrictions, covenants or rules and regulations shall be grounds for immediate action to recover sums due the 23 ORl. 8551 pg 89 Association, for damages, injunctive relief, or any combination thereof. The Association shall have the right to suspend the right of a violating Owner to use the Common Areas. Section 3. Fines. In addition to all other remedies, in the sole discretion of the Board of Directors of the Association, a fine or fines, as provided in the rules and regulations (which shall provide for notice and hearing) which may be adopted from time to time, may be imposed upon an Owner for failure of an Owner, his family, guests, lessees, sublessees, invitees or employees, to comply with any covenant, restriction, rule or regulation. ARTICLE XI General provisions Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the Community, and shall inure to the benefit of and be enforceable by Declarant, the Association or the Owner of any unit subject to this Declaration, and their respective legal representatives, heirs, successors and assigns, for a term of ninety-nine (99) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the Owners of 66 2/3% of the Units, and Declarant (as long as it owns any interest in the Development) has been recorded, agreeing to revoke said covenants and restrictions. Provided, however, that no such agreement to revoke shall be effective unless made and recorded three (3) years in advance of the effective date of such revocation, and unless written notice of the proposed agreement is sent to every owner at least ninety (90) days in advance of any action taken. Section 2. Notice. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been given when personally delivered or mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. An affidavit of an Association's employee, officer or director or an employee of the applicable management agent that notice was mailed as aforesaid or a u.s. Postal Service certificate of mailing shall be conclusive proof of the giving of such notice. Section 3. Enforcement. Enforcement of these covenants and restrictions shall be accomplished by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the units to enforce any lien created by these covenants; and failure by Declarant, the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 24 ORi- 8551 p~ 90 Section 4. Severability. Invalidation of anyone of these covenants or restrictions or any part, clause or word hereof or the application thereof in specific circumstances, by judgment or court order shall not affect any other provisions, or application in other circumstances, all of which shall remain in full force and effect. Section 5. Amendment. In addi tion to any other manner herein provided for the amendment of this Declaration, the covenants, restrictions, easements, charges, liens and other provisions of this Declaration may be amended, changed or added to at any time and from time to time upon the execution and recordation of an instrument executed by Declarant for any purpose, including, but not limited to, adding additional units and/or Common Area to be subject to this Declaration, for so long as it holds title to any unit affected by this Declaration; or alternatively by approval at a meeting of owners holding not less than 66-2/3% vote of the membership in the Association, provided, that so long as Declarant is the Owner of any unit affected by this Declaration or of any portion of BOYNTON ESTATES, Declarant' s consent must be obtained if such amendment, in the sole opinion of Declarant, affects its interest. This Section 5 shall be subject and subordinate to the provisions of Article I, Section (g) hereof as to the rights of Declarant named therein (to the extent such entity so named is at any time no longer Declarant hereunder). This Section 5 may not be amended. Section 6. Effective Date. This Declaration shall become effective upon its recordation in the Public Records of Palm Beach County, Florida. Section 7. Withdrawal. Anything herein to the contrary notwithstanding, Declarant reserves the absolute right to amend this Declaration at any time, without prior notice and without the consent of any person or enti ty , for the purpose of removing certain portions of the Development from the provisions of this Declaration. Section 8. Conflict. This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation and By-Laws of the Association and the Articles shall take precedence over the By-Laws. Section 9. Standards for Consent, Approval, Completion, other Action and Interpretation. Whenever this Declaration shall require the consent, approval, completion, substantial completion, or other action by Declarant, the Association or the CAB, such consent, approval or action may be withheld in the sole and unfettered discretion of the party requested to give such consent or approval or take such action, and all matters required to be completed or substantially completed by Declarant or the Association shall be deemed so completed or substantially completed 25 . ~ Of. as::> 1 Ps 91 when such matters have been completed or substantially completed in the sole and unfettered opinion of Declarant or the Association, as appropriate. This Declaration shall be interpreted by the Board of Directors, and an opinion of counsel to the Association or Declarant rendered in good faith that a particular interpretation is not unreasonable shall conclusively establish the validity of such interpretation. Section 10. Easements. Should the intended creation of any easement provided for in this Declaration fail by reason of the fact that at the time of creation there may be no grantee in being having the capacity to take and hold such easement, then any such grant of easement deemed not to be so created shall nevertheless be considered as having been granted directly to the Association as agent for such intended grantees for the purpose of allowing the original party or parties to whom the easements were originally to have been granted the benefit of such easement and the Owners designate hereby Declarant and the Association (or either of them) as their lawful attorney-in-fact to execute any instrument on such Owners' behalf as may hereafter be required or deemed necessary for the purpose of later creating such easement as it was intended to have been created herein. Formal language of grant or reservation with respect to such easements, as appropriate, is hereby incorporated in the easement provisions hereof to the extent not so recited in some or all of such provisions. Section 11. Covenants Running with the Land. Anything to the contrary herein notwithstanding and without limiting the generality (but subject to the limitations) of Section 1 hereof, it is the intention of all parties affected hereby and their respective heirs, personal representatives, successors and assigns) that these covenants and restrictions shall run with the land and with title to the properties subject hereto. without limiting the generality of Section 4 hereof, if any provision or application of this Declaration would prevent this Declaration from running with the land as aforesaid, such provision and/or application shall be judicially modified, if at all possible, to come as close as possible to the intent of such provision or application and then be enforced in a manner which will allow these covenants and restrictions to so run with the land; but if such provision and/or application cannot be so modified, such provision and/or application shall be unenforceable and considered null and void in order that the paramount goal of the parties affected hereby (that these covenants and restrictions run with the land as aforesaid) shall be achieved, Cy Pres. Section 12. Execution of Documents; Attorney-in-Fact. ~ limiting the generality of any other sections of this Declaration and without such other sections limiting the generality hereof, each Owner, by reason of the acceptance of a deed to such Owner's Unit, hereby agrees to execute, at the request of the Association or Declarant, all documents and consents which may be required to 26 .r OR. ass 1 P9 9.., -' effect the intent of any or all portions of this Declaration, and each such Owner further hereby. and thereby appoints the Association and Declarant as such Owner's agents and attorneys-in-fact to execute, on behalf and in the name of such Owners, any and all of such documents and consents. This power of attorney is coupled wi th an interest and is irrevocable. The provisions of this Section may not be amended without the consent of the Association and Declarant. Section 13. Consumer Price Index. Whenever specific dollar amounts are stated in this Declaration or any exhibits hereto, unless limited by law or the specific text hereof (or thereof), such amounts shall increase from time to time by application of a nationally recognized consumer price index chosen by the Board, using the date this Declaration is recorded as the base year. In the event no such consumer price index is available, the Board shall choose a reasonable alternative to compute such increases. The provisions of this Section shall not apply, however, to the budget for the Association. 27 .. ORl. 8551 P9 93 EXECUTED as of the date first above written. signed, sealed, and delivered i~OU~~~ N~ .d'dfhA~ "/by~r)f Vl-k/ t! 1: :rT7 NAME rhfl1et... (,. 'f.~..N NEXT BOYNTON HOMES, LTD., a Florida limited partnership By: NEXT BOYNTON DEVELOPMENT COMPANY, LTD. Its: General Partner By: NEXT DEVELOPMENT CORPORATION W~UrLrner Manuel M. Mato President SWORN AND SUBSCRIBED before me this p. -I1..daY of ~"" ...., 199~bY Manuel M. Mato, president of Next Boynton Development orporation, general partner of Next Boynton Development Co., Ltd., general a tner of Next Boynton Homes, Ltd., and he acknowledged before me that he ex uted the same in the presence of two subscribing witnesses freely and vo u arily under authority vested in him by said corporation and that the affixe se 1 thereto is the true co~orate seal of .said corporation. He is personally: n w to me or did produce B:..OLlJ)I.. DI','II@L'( tlClNJas identification and who did an th. , , of lorida HECTOR FORMOSo-MURIAS Notary Publlc-5tate of AorIda My commission expires AUG 25. t 995 COMM. # CC 138879 28 OR 8551 pg 94 JOINDER BOYNTON ESTATES HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for profit, hereby agrees to accept all of the benefits and all of the duties, responsibilities, obligations and burdens imposed upon it by the provisions of the foregoing Declaration and Exhibits attached thereto. IN WITNESS WHEREOF, BOYNTON ESTATE HOMEOWNERS ASSOCIATION, INC. has caused these presents to be signed in its name by its proper officer and its corporate seal to be affixed this 15th day of December, 1994. BOYNTON ESTATES HOMEOWNERS ASSOCIATION, INC. j~~~ ~T~. ITS: President 29 !1 ORB 8551 P9 9S EXHIBIT "A" to the Declara _on of Restrictions, Protective ~venants, and Easements for BOYNTON ESTATES ARTICLES OF INCORPORATION OF BOYNTON ESTATES HOMEOWNERS ASSOCIATION, INC. The undersigned subscribers, desiring to form a corporation not for profit under Chapter 617, Florida Statues, hereby adopt the following Articles of Incorporation: ARTICLE I NAME The name of the corporation shall be BOYNTON ESTATES HOMEOWNERS ASSOCIATION, INC., which is hereinafter referred to as "the Association". ARTICLE II PURPOSES AND POWERS The objects and purposes of the Association are those objects and purposes as are authorized by the Declaration of Restrictions, Protective Covenants and Easements for BOYNTON ESTATES (the "Community"), recorded (or to be recorded) in the Public Records of Palm Beach County, Florida, as hereafter amended and/or supplemented from time to time (the "Covenants"). The further objects and purposes of the Association are. to preserve the values of the Units and amenities in the Community, as defined in the Covenants, and to maintain the Common Areas, as defined in the Covenants, thereof for the benefit of the Members of the Association. The Association is not organized for profit and no part of the net earnings, if any, shall inure to the benefit of any Member or individual person, firm or corporation. The Association shall have the power to contract for the management of the Association and to delegate to the party with whom such contract has been entered into (which may be an affiliate of the Developer) the powers and duties of the Association, except those which require specific approval of the Board of Directors or Members. The Association shall have all of the common law and statutory powers of a corporation not for profit which are not in conflict with the terms of the Articles and Covenants above identified. The Association shall also have all of the powers necessary to implement the purposes of the Association as set forth in said Covenants and to provide for the general health and welfare of its membership. Definitions set forth in the Covenants are incorporated herein by this reference. ORb ass 1 P9 96 ARTICLE III MEMBERS Section 1. Membership. Every person or entity who or which is a record owner of a fee or undivided fee interest in any Unit which is subject by covenants of record to assessment by the Association shall be a Member of the Association, provided that any such person or entity who holds such interest merely as security for the performance of an obligation shall not be a Member. Section 2. Voting Rights. The Association shall have two (2) classes of voting membership: Class A. Class A Members shall be all those Owners as defined in section 1 with the exception of NEXT BOYNTON HOMES, LTD., a Florida limited partnership, herein referred to as lithe Developer" (as long as the Class B Membership shall exist, and thereafter, the Developer shall be a Class A Member to the extent it would otherwise qualify). Class A Members shall be entitled to one (1) vote for each Unit in which they hold the interests required for membership by Section 1. When more than one person holds such interest or interests in any Unit, all such persons shall be Members, and the vote for such Unit shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any such Unit. Class B. The Class B Member shall be the Developer. The Class B Member shall be entitled to one (1) vote, plus two (2) votes for each vote which the Class A Members are entitled to cast from time to time (e.g., if Class A Members have a total of twenty (20) votes among them, the Class B Members would have forty-one (41) votes). The Class B membership shall cease and terminate (i) one (1) year after the last Unit within the Community (as defined in the Covenants) has been sold and conveyed by Developer, or (ii) thirty (30) days after the Developer elects to terminate the Class B Membership (whereupon the Class A Members shall be obligated to elect the Board and assume control of the Association). Section 3. Meetings of Members. The By-Laws of the Association shall provide for an annual meeting of Members, and may make provisions for regular and special meetings of Members other than the annual meeting. A quorum for the transaction of business at any meeting of the Members shall exist if 33-1/3% of the total number of Members in good standing shall be present or represented at the meeting. Section 4. General Matters. When reference is made herein, or in the Covenants, By-Laws, Rules and Regulations, Management Contract or otherwise, to a majority or specific percentage of Members, such reference shall be deemed to be reference to a majority or specific percentage of the votes of Members and not of the Members themselves. 2 OR&.. ass 1 Fg 97 ARTICLE IV CORPORATE EXISTENCE The Association shall have perpetual existence. ARTICLE V BOARD OF DIRECTORS Section 1. Management of Directors. The property, busines.s and affairs of the Association shall be managed by a Board of Directors, which shall consist of not less than three (3) persons, but as many persons as the Board of Directors shall from time to time determine. A majority of the directors in office shall constitute a quorum for the transaction of business. The By-Laws shall provide for meetings of directors, including an annual meeting. Section 2. Original Board of Directors. The names and addresses of the first Board of Directors of the Association, who shall hold office until the first annual meeting of Members and thereafter until qualified successors are duly elected and have taken office, shall be as follows: Name Address E. Daniel Lopez 901 Ponce De Leon Blvd., #600 Coral Gables, Florida 33134 901 Ponce De Leon Blvd., #600 Coral Gables, Florida 33134 Manuel M. Mato Mike Verdeja 901 Ponce De Leon Blvd., #600 Coral Gables, Florida 33134 Section 3. Election of Members of Board of Directors. ~ for the first Board of Directors and Developer-appointed replacements thereof, Directors shall be elected by the Members of the Association at the annual meeting of the membership as provided by the By-Laws of the Association, and the By-Laws may provide for the method of voting in the election and for removal from office of directors. All directors shall be members of the Association or shall be authorized representatives, officers, or employees of corporate members of the Association, or designees of the Developer. Section 4. Duration of office. The Directors named herein and their Developer-appointed replacements shall serve until the Developer elects to terminate the Class B Membership as provided in the Covenants and the By-laws, or earlier at the election of the Developer. Thereafter, directors shall serve as follows: 3 .. ORB 8551 pg 98 (a) The candidate rece~v~ng the highest number of votes at the meeting where the Class A Members first elect directors shall serve a term of three (3) years, (b) the candidate receiving the next two (2) highest numbers of votes at such meeting shall each serve a term of two (2) years, (c) thereafter, each director shall serve a term of two (2) years. Section 5. Vacancies. If a director elected by the general membership shall for any reason cease to be a director, the remaining directors so elected may elect a successor to fill the vacancy for the balance of the unexpired term. ARTICLE VI OFFICERS Section 1. Officers Provided for. The Association shall have a President, a Vice-President, a Secretary and a Treasurer, and such other officers as the Board of Directors may from time to time elect. One (1) person may hold more than one (1) office, provided that the President shall not serve as Secretary at the same time. section 2. Election and Appoint.ment of Officers. The officers of the Association, in accordance with any applicable provision of the By-Laws, shall be elected by the Board of Directors for terms of one (1) year and thereafter until qualified successors are duly elected and have taken office. The By-Laws may provide for the method of voting in the election, for the removal from office of officers, for filling vacancies and for the duties of the officers. The President shall be a director; other officers mayor may not be directors of the Association. If the office of President shall become vacant for any reason, or if the President shall be unable or unavailable to act, the Vice President shall automatically succeed to the office or perform its duties and exercise its powers. If any office other than that of the President shall become vacant for any reason, the Board of Directors may elect or appoint an individual to fill such vacancy. Sect.ion 3. First. Officers. The names and addresses of the first officers of the Association, who shall hold office until the first annual meeting of directors and thereafter until successors are dully elected and have taken office, shall be as follows: 4 ------,,---,--~^_._~-- ----~ ,. O~\_- ass 1 P9 99 Name and Office Address President: Manuel M. Mato 901 Ponce De Leon Blvd., #600 Coral Gables, Florida 33134 Vice-President: E. Daniel Lopez 901 Ponce De Leon Blvd., #600 Coral Gables, Florida 33134 Secretary-Treasurer: Mike Verdeja 901 Ponce De Leon Blvd., #600 Coral Gables, Florida 33134 ARTICLE VII BY-LAWS The Board of Directors shall adopt By-Laws consistent with these Articles of Incorporation. Such By-Laws may be altered, amended or repealed by the membership in the manner set forth in the By-Laws. ARTICLE VIII AMENDMENTS Section 1. Amendments to these Articles. of Incorporation shall be proposed and approved by the Board of Directors and, after notice to the Members wi thin the time and manner provided in Chapter 617, Florida Statutes setting forth the proposed amendment or a summary of the changes to be affected thereby, thereafter submitted to a meeting of the membership of the Association for adoption or rejection (by affirmative vote of 66-2/3% of the Members), provided that as long as the Developer owns any Unit, these Articles may be amended by the Developer alone without the consent of the Members or the Board. Section 2. In case of any conflict between these Articles of Incorporation and the By-Laws, these Articles shall control; and in case of any conflict between these Articles of Incorporation and the Covenants, the Covenants shall control. ARTICLE VIllI INCORPORATOR is: The name and address of the Incorporator of this Corporation Name Address Manuel M. Mato 901 Ponce de Leon Blvd., Sui~e 501 Coral Gables, Florida 33134 5 Ol 8551 P9 100 ARTICLE X INDEMNIFICATION Section 1. The Association shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or contemplated action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that he is or was a director, employee, officer or agent of the Association, against expenses (including attorneys' fees and appellate attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding unless (a) it is determined by a court of competent jurisdiction, after all available appeals have been exhausted or not pursued by the proposed indemnitee, that he acted in bad faith or in a manner he reasonably believed to be not in or opposed to the best interest of the Association, and, with respect to any criminal action or proceeding, that he had reasonable cause to believe his conduct was unlawful, and (b) such court further determines specifically that indemnification should be denied. The termination of any action, suit or proceeding by judgment, order settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did act in bad faith or in a manner which he reasonably believed to be not in or opposed to the best interest of the Association, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful. Section 2. To the extent that a Director, officer employee or agent of the Association has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in section 1 above or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attorneys' fees and appellate attorneys' fees) actually incurred by him in connection therewith. Section 3. Expenses incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Association in advance of the final disposition of such action, suit or proceeding through all available appeals upon receipt of an undertaking by or on behalf of the director, officer, employee or agent to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by the Association as authorized in this Article. Section 4. The indemnification provided by this Article shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled under any bylaw, agreement, vote of Members or otherwise, both as to action in his official capacity while holding such office or otherwise, and shall continue as to a person who has ceased to be director, officer, employee or agent and shall inure to the benefit of the heirs, executors and administrators of such person. 6 ~ EXHIBIT "B" ORB 8551 P9 101 t6 the Declar on of Restrictions. Protectivl ovenants. and Easements for BOYNTON ESTATES BY-LAWS OF BOYNTON ESTATES HOMEOWNERS ASSOCIATION, INC. A Corporation Not for Profit Under the Laws of the State of Florida ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to BOYNTON ESTATES HOMEOWNERS ASSOCIATION, INC., a nonprofit corporation organized and existing under the laws of the State of Florida. Section 2. "Owner II shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any unit. section 3. "Member" shall mean and refer to all those Owners of record title to any unit. Section 4. All other definitions from the Covenants (the "Covenants") described in the Articles of Incorporation of the Association are incorporated herein by this reference. ARTICLE II LOCATION Section 1. Until changed, the principal office of the Association shall be located at 901 Ponce de Leon Boluevard, Suite 600, Coral Gables, Florida 33134. ARTICLE III MEMBERSHIP Section 1. Membership of the Association is as set forth in Article III, Section 1 of the Articles of Incorporation of the Association. Section 2. The rights of membership are subject to the payment of annual and special assessments and sur~harges levied by the Association, i..il~ obligation of which assessments are imposed against each Owner of, and becomes a lien upon, the unit against which such assessments are made as provided by Article VI of the Covenants. ORl BSS1 P9 102 ARTICLE IV BOARD OF DIRECTORS Sect.ion 1. The directors of the Association shall be elected at the annual meeting of the Members as specified in the Articles of Incorporation. The election shall be decided by majority vote of all Members present in person or by proxy and voting at the annual meeting. Section 2. Any director may be removed from office at any time with or without cause by the affirmative majority vote of the Association membership. Section 3. Except for the organizational action of the first board, which may be done by written instrument, the first meeting of a newly elected Board of Directors, for the purposes of organization, shall be held immediately after the annual meeting of Members, provided the majority of the Members of the Board elected be present. Any action taken at such meeting shall be by a majority of the whole Board. If the majority of the members of the Board elected shall not be present at that time, or if the directors shall fail to elect officers, the meeting of the Board to elect officers shall then be held within thirty (30) days after the annual meeting of Members upon three (3) days' notice in writing to each member of the Board elected, stating the time, place and object of such meeting. Section 4. Regular meetings of the Board of Directors may be held at any place or places within Palm Beach County, Florida, on such days and at such hours as the Board of Directors may, by resolution, designate. Sect.ion 5. No notice shall be required to be given of any regular meeting of the Board of Directors. Section 6. Special meetings of the Board of directors may be called at any time by the President or by any two (2) members of the Board and may be held any place or places within Palm Beach County, Florida, and at any time. Sect.ion 7. Notice of each special meeting of the Board of Directors, stating the time, place and purpose or purposes thereof, shall be given by or on behalf of the President or by or on behalf of the Secretary or by or on behalf of any two (2) members of the Board to each member of the Board not less than three (3) days by mail, or one ( 1 ) day be telephone or telegraph, prior to the meeting. Special meetings of the Board may also be held at any place and time without notice by unanimous waiver of notice by all the Directors. Sect.ion 8. Directors (including affiliates of the Declarant) shall have the absolute right to resign at any time and the 2 ORb 8551 P3 103 remaining directors in office shall then fill the vacancies, provided that if all directors resign, a special meeting of members shall be called as soon as possible for the purpose of electing new directors and the resignations of such directors shall not be effective until such election is held and new directors are elected, except that if no meeting is held or no directors are elected after two (2) attempts to call and hold such meeting, the resignations shall become effective simultaneously with the date and time of the scheduled second meeting, whether held or not or whether new directors are elected or not. ARTICLE V OFFICERS Sect.ion 1. Any officer may be removed at any time by the affirmative vote of a majority of the Board of Directors at any duly called regular or special meeting of the Board. Sect.ion 2. The President shall be the chief executive officer of the Association. The President shall preside at all meetings of the Members of the Association and of the Board of Directors. He shall have the general powers and duties of supervision and management of the Association which usually pertain to his office, and shall perform all such duties as are properly required of him by the Board of Directors. The Board of Directors shall elect at least one ( 1) vice President, who shall have such powers and perform such duties as usually pertain to such office or as are properly required of him by the Board of Directors. In the absence or disability of the President, any vice President shall perform the duties and exercise the powers of the President. The Secretary shall issue notices of all meetings of the membership of the Association and the directors where notices of such meetings are required by law or in these By-Laws. He shall keep the minutes of the meetings of the membership and of the Board of Directors. The Treasurer shall have the care and custody of all the monies and securities of the Association. He shall sign such instruments as require his signature and shall perform all such duties as usually pertain to his office or as are properly required of him by the Board of Directors. Section 3. Vacancies in any office arising from any cause may be filled by the Board of Directors at any regular or special meeting. ARTICLE VI MEETINGS OF MEMBERS Section 1. As referred to herein or in the Declaration, Articles or any other document adopted by or affecting the Association, as "duly called" or "duly constituted" meeting of the Association by its Members or the Board of Directors shall be deemed to be a meeting called and conducted in accordance with the 3 requirements of the By-Laws. Section 2. The regular annual meeting of the Members shall be held in the month of March in each year at such time and place as shall be determined by the Board of Directors. ORS 8551 pg 104 Section 3. Special meetings of the Members for any purpose may be called at any time by the President, the Vice President, the Secretary or Treasurer, or by any two (2) or more members of the Board of Directors, or upon written request of the Members who have a right to vote one-third (1/3) of all the votes of the entire membership, or who have a right to vote one-third (1/3) of the votes of the Class A membership. Section 4. Notice of an annual or special meeting may be given to the Member either personally, or by sending a copy of the notice through the mail , postage thereon fully paid, to his address appearing on the records of the corporation. Notices shall be effective when given personally or placed in the mail as aforesaid. Each Member shall register his address with the Secretary, and notices of meetings shall be mailed to him at such address. Notice of any meeting, regular or special, shall be deemed given once placed in the mail. Section 5. The presence in person or by proxy at the meeting of Members entitled to case 33-1/3% of the votes of the membership shall constitute a quorum for any action governed by these By-laws. Section 6. Proxies must be in writing and signed by all record Owners of a Unit or the person designated in a voting certificate signed by all such Owners as the person authorized to cast the vote attributable to such Unit. No person other than a designee of the Declarant is permitted to cast more than five (5) votes by proxy. Section 7. Meetings shall be governed by Roberts' Rules of Order (latest edition). ARTICLE VII BOOKS AND PAPERS Section 1. The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to the inspection of any Member of the Association. ARTICLE VIII AMENDMENTS Section 1. These By-Laws may be amended, at a regular or special meeting of the Members, by a vote of 66-2/3% of Members present and voting in person or by proxy, provided that the notice 4 OP.E 8551 F9 105 to the members of the meeting discloses the information that the amendment of the By-Laws is to be considered, provided, however, the provisions which are governed by the Articles of Incorporation of this Association may not be amended except as provided in the Articles of Incorporation or applicable law; and provided further that any matters stated herein to be or which are in fact governed by the Covenants referred to herein may not be amended except as provided in such Covenants. Anything to the contrary herein notwithstanding, the Declarant shall have the absolute right to amend these By-Laws and the Articles of Incorporation as long as the Declarant owns any Unit without the consent of the members or the Board. Sectiqn 2. In case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in case of any conflict between the Covenants and these By-Laws, the said Covenants shall control. I HEREBY CERTIFY that the foregoing By-Laws of the above-named corporation were duly adopted by,the Board of Directo5.~ of said Association on the ~ day of .I~L-C.-A-- b'-C.. ....... , 19~. M~~~)1~~f: kfS~dent 5 ORB 8SS 1 P9 106 EXHIBIT "C" to the Declaration of Restrictions, Protective Covenants, and Easements for BOYNTON ESTATES DESCRIPTION of COMMON AREAS: Tracts A thru 0, inclusive, and Q thru X, inclusive, of the Plat of BOYNTON ESTATES, to be recorded in the Public Records of Palm Beach County, Florida, as amended and/or supplemented from time to time. .. . ,;, ~ ..! ORt 8551 P9 107 DOROTHY H. WILKEN, CLERK FB CO~~TY, FL EXHIBIT "D" to the Declaration of Restrictions, Protective Covenants, and Easements for BOYNTON ESTATES LEGAL DESCRIPTION OF REAL PROPERTY The Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) or the Northwest Quarter (NW 1/4); and the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4); and the Northwest Quarter (NW 1/4) or the Southeast Quarter (5E 1/4) of tbe Northwest Quarter (NW 1/4) of section Eighteen (18), Township Forty-Five (45) South, Range Forty-Three (43) East, Palm Beach County, Florida; subject to* LESS AND EXCEPT, a Parcel of land for right-of-way purposes, lying in Section 18/ Township 45 South, Range 43 East, County or Palm Beach, state of Florida, and more particularly described as follows: The South 60.00 feet of the Wast 350.00 feet of the North One- H~lt (N 1/2) of the South One-Half (5 1/2) of the Northwest ona-Qunrter (NW 1/4) of section 18,-~Township 45 South, Range 43 East, county of Palm Beach, Florida, AND LESS AND EXCEPT, The Right or Way of Lawrence Road. (~the West 40' or the above described real property being subject to the possible rights of other parties to use said West 40' for drainage purposes.) MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 7, 1995 2.--!roao~ "'~n No. R96-34 Re: ~nal p~pproval for ~s Park _ - City Attorney Cherof read Proposed Resolution No. R95-34 by title only. Motion Commissioner Aguila moved to approve Proposed Resolution No. R95-34. Mayor Pro Tern Bradley seconded the motion, which carried 3-2. Vice Mayor Matson and Commissioner Katz cast th es. 3. Proposed Resolution No. R95-35 Re: Support of 1eg1s1~1on pen ng before the U. S. CGQgress to refonm t~ Safe D~qnk1ng Wate Act \ \ \ \ \ \ City Attorney Cherof r \d Proposed Reso1ut1on'\No. R95-35 by t1t1&\on1Y. ' \ \ \ \ ~ "\ , oner Aguila moved t'o" approve Proposed Reso\ut1on No. R95-35. \Mayor Pro ey seconded the mot~n. \ Mayor Harm .1ng fel t the CIty' ~''''OS1tIOn should be evliq stronger. '\'; comm1ss1one~~atz stated that 1t'>~unds as if people are ,t.r. y1ng to weaken. current standa~Qs, not strength th~. " \ \ . Mayor Hanmen1ng feJt the proposal to $l)end money to test fof',contam1nants that have never appeared,,~n the water anYWher~ in the State of F1o(1da was ludicrous. e motion carried 5-b" . \ . ~ " 4. Proposed ..solutton No. R9S-3$\Re: Amendment to In~er10ca1 '\. Agreement re~erence expanding utilities service area",\, City At~ney Cherof read PrOposed Resolution No~;R95-36 by title only. ,\ ' Motion \\. '" \\ Mayor Pro Tem''Qrad1ey moved to apprQve Proposed Reso1u~1on No. R95-36. " Commissioner Ka~seconded the mot1oh:\~ " Commissioner Agu1fa pointed out a tYPogr:~Ph1ca1 error in the word "service" on he third line of S t10n 1, page 1. \ ., \ . that another ~1gnature line is n~eded on the last \\ \" '\ ~ - 22 - . . MINUTES - CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA MARCH 7. 1995 Virginia Young of Lake ~h has a child who at~s Citrus Cove Elementary ~OOl. She expressed concern for the safety of ttie, children ~t attend that sc l. . '. , , ", " '.." : .',: " Richard n.natale, 192 Orange Drive; .stated that the taxpayers and reUdents of the Ci ty exp,ect the Commi ssion to watch out for them. ", ' commissiOner'~gU1la. stated that the Co~l~ion recognizes th:'~e..,.iS a problem a d they have heard th~, people. He assured the'~eople that the prob~ will be dealt with. He guataQteed them that the Camm~sion will go with t to the School Board and to the"County to see what can be done. He adv1 sed at there s a great deal of act1vtty going on between the ~ty Manager's Office, the C~ty Commission, the Couri~X Traffic Officers and ~er people to solve 'is probl~. "'" ',- " ' " In respons to a gentleman in the ~e, Mayor Hanmen1n~and Conm1ss1oner Aguila advise that construction cannot be stopped tomorrow ~~g. VII I. DEVELOPMENT PlANS A. Consent Agenda - Unanimously approved by the Planning and Development Board Citrus Part PUG CCl Consultants, Inc. Target Development Corporation East side of Lawrence Road, apprOXimately 1,750 feet north of Gateway Boulevard (N. W. 22nd Avenue) Request for~n:!:~ the construction plans and preliminary ~~!-, la tor construction of 1nfrastruct scaping to serve 113 single-family, detached, zero lot line units in connection with a previously approved planned unit development. City Attorney Cherof advised that because this is a quasi-judicial proceeding, all the individuals who wish to testify must be sworn in. Before testifying, they must identify' themselves and state their qualifications. At the conclusion of their statements, the applicant or his representative must be afforded the opportunity to Question those witnesses. City Attorney Cherof swore in all the witnesses who would be testifying. 1. Project Name: Agent: Owner: Location: Description: Brian Sherr, the attorney for Target Development, stated that there has been much discussion and communications regarding Lawrence Road and Citrus Cove Elementary School. However, the issue before the Conm1ssion is whether or not the plat and construction plans comply with the technical requirements of the City's platting and construction regulations. He referred to a memo from the Department of Development, dated March 3, 1995, which he said attests to the - 11, - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 7, 1995 fact that his client's plans comply with the City's regulations. He requested the Commission to grant approval of the construction plans and preliminary/final plat for construction, in accordance with the ordinances. Mr. Sherr said he has heard that some of the homeowners have had ex parte com- munications with some members of the Commission. He pointed out that because of the quasi-judicial nature of this hearing, that is impenm1ssib1e. Louis Campanelli, Vice President of CCL Consultants, was available for questionning. Commissioner Katz would like the developer to be a good neighbor and address the concerns of the people of Citrus Glen. Their concerns included the two-story homes along the northern border, which will be looking into the backyards of other homes; security; additional buffering; and the barrel tile roofs matching as closely as possible to what exists to keep the property values enhanced. He suggested moving the entrance road to the north side and moving t~e project south a little to create additional buffering. Mr. Campanelli said the developer would like to be a good neighbor and address the equitable concerns of the surrounding neighbors. However, he did not think the developer could comply with the concerns regarding the two-story houses and switching the road from the north to the south. With regard to the buffering, he was sure the developer would be willing to sit down with the surrounding homeowners and come up with an equitable solution to this matter. James Kr1vok, the attorney for the Citrus Glen Homeowners' Association, aSKed the Commission to table this matter. He stated that according to F. S. 156.043(c), a publiC hearing must be held before any ordinance granting a rezoning is adopted. He reviewed prior City ordinances and stated that whenever a public hearing was conducted prior to the adoption' of an ordinance, the ordi- nance clearly reflected that fact. He stated that there is no indication in Ordinance No. 88-51 and Ordinance No. 89-30 that public hearings were held prior to the adoption of those ordinances. Mayor Harmening asked him if he checked the minutes of that particular meeting to see whether a public hearing was held. Mr. Kr1vok said he had not. Mr. Kr1vok requested that this issue be tabled until it can be determined whether or not proper notice was given and publiC hearings were held. City Attorney Cherof stated that generally the City's ordinances do not reflect in their body whether there was a public hearing or not. We rely upon the offi- cial minutes of the City to reflect that infonmation. It may be possible to determine from the records tonight whether there was a public hearing or not. Mayor Harmening declared a recess at 7:59 p.m. in order for staff to check the City records. The meeting resumed at 8:13 p.m. - 12 - MINUTES - CITY CfJMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 7, 1995 City Attorney Cherof swore in Tambri Heyden, the Planning and Zoning Director. City Attorney Cherof advised that the minutes of the meetings with respect to Ordinance No. 88-51 and Ordinance No. 89-30 reflect that pUblic hearings were conducted. He stated that there is a pres~ption that the City ordinances are valid and enforceable. He asked Ms. Heyden if she recollected both ordinances being properly noticed and public hearings being conducted in accordance with Florida Statute. Ms. Heyden answered aff1nnat1vely. Paul Ward, 198 Orange Drive, was sworn in by City Attorney Cherof. He had in his posseSSion a copy of a letter, dated September 13, 1993, from Vincent F1nizio, Deputy City Engineer of the City of Boynton Beach, to Val Sal Investment Corporation, which states that at their September 7, 1993 meeting, the City Commission granted a six month time extension, conditioned upon the entire property being brought into a state of compliance with all applicable City Codes within 30 days from the date of the granting of the time extension. The letter also states that the time extension will be reduced to three months if the property does not come into compliance within 30 days. Mr. Ward also had in his possession a document from Code Enforcement, dated October 16th, relating to overgrowth on the property. Commissioner Aguila explained the Code Enforcement process and stated that the property had come into compliance at that time, but the dense growth has since reappeared. Mr. Campanelli stated that the plat of Citrus Park PUD, as submitted to the City Commission, meets or exceeds the minimum requirements of the City's regulations. Commissioner Katz was adamant about the sand being hosed down at Citrus Glen because soot is getting on the residents' houses and property. He asked who issued the excavation permit. Commissioner Katz read Sec. 8-6(1) of the Code which states that the excavation of materials is not to exceed two feet in depth relative to existing grade with no excavated materials moved beyond the project property lines. He asked Mr. Hukill if this is what is occurring. William Hukill, Director of Development, was sworn in by City Attorney Cherof. Mr. Hukill advised that the permit was issued by the Building Division of the Department of Development. He said he could not tell whether more than two feet is being excavated or not; however, no one is mining or moving major amounts of dirt off the property. Commissioner Katz ~as of the opinion that more than two feet is being excavated. Therefore, the permit should have been issued by the City Commission, in accor- dance with Sec. 8-7(A)(2) of the Code. He felt a Stop Work Order should be issued immediately. Mr. Hukill disagreed. He stated that the issue of the City Commission being involved in the issuance of permits was discussed with the Commission a few weeks ago. At that time, there was a consensus of the Commission that this was not appropriate. However, in accordance with Sec. 8-7(A)(3), where the water table is penetrated or disturbed, the Commission would remain involved. Commissioner Katz felt the Department of Development acted improperly. - 13 - . . MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 7, 1995 In response to Commjssioner Katz, City Attorney Cherof advised that the Comprehensive Plan is the general guidelines which govern all land development and land development regulations. Commissioner Katz referred to Policy 2.6.2 on page 38 of the Comprehensive Plan, which states that subsequent to plan adoption, the City shall continue to require improvement of roadways to mitigate the impacts of development as a con- dition of development approval. It also states that the City shall, wherever feasible, require the construction of transportation improvements in lieu of impact contributions. Commissioner Katz said that regretably, the Conmission has issued time extensions. He stated that maybe the Commission acted improp- erly and should bring a third party into this before it goes to final plat. He suggested tabling this project to see if some of the differences can be resolved. No one else wished to testify on this matter. Therefore, Mayor Harmening declared the public hearing closed. Commissioner Aguila pointed out that the Commission is supposed to determine whether or not Citrus Park has complied with all of the Code of Ordinances, not whether or not Lawrence Road is wide enough or if more than two feet of dirt has been removed. Motion Commissioner Aguila moved to approve the request for approval of the construc- tion plans and preliminary/final plat for construction of infrastructure and landscaping to serve 113 single-family, detached, zero lot line units in connec- tion with a previously approved planned unit development, Citrus Park PUD, owned by Target Development Corporation, located on the east side of Lawrence Road, approximately 1,750 feet north of Gateway Boulevard (N. W. 22nd Avenue), subject to all comments. Mayor Pro Tem Bradley seconded the motion. Commissioner Katz asked the maker of the motion to include that the developer be asked, posthaste, to send water trucks out there and start hosing down the sand. Commissioner Aguila would not make that part of this motion. Instead, he asked the City Manager to direct the Department of Development to inspect the property tomorrow morning and take appropriate steps to ensure the safety, health and welfare of the residents. City Attorney Cherof asked the maker of the motion to consider including in the motion a specific finding that the minimum code requirements have been satis- fied. Commissioner Aguila agreed to ,add this to his motion. It was also agreeable to Mayor Pro Tem Bradley. Commissioner Katz believed that the minimum requirements have not been met and that this should be sent back to be reworked. - 14 - , . MINUTES - CITY CCMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 7, 1995 Mayor Harmening said he voted against a lot of development as far as the number of renewals on concurrency and site plan and master plan approval in the last four years. He was against further development but said that there is_not much we can do in this case. " . . ~ A roll call vote was polled by the CIty Cl~rk. The motl:on ca~-2. ~ Mayor Matson and Commissioner Katz cast the dissenting votes. Mr. Sherr stated that the concern about the dust will be addressed. He was willing to try to work out something to make this a little better for everyone. Vice Mayor Matson felt it would benefit the project if Lawrence Road were to be widened. She asked Mr. Sherr if we can count on his support when we go to the County on this issue. Mr. Sherr said he will discuss this with his client and get back to Vice Mayor Matson. Mayor Pro Tern Bradley stated that the City's hands are tied and that if the City were to stop construction, it could be placing itself in a dangerous position. However, we can slow down future development. He pointed out that development works both ways. Businesses have prospered because the population in Boynton Beach and surrounding areas has increased. Development has also created jobs for people in the construction industry. Four or five years ago, these people were out of work. However, there is a price we all have to pay for these things. He stated that it is important for the Commission to get input from the people and to know where they want this City to go. He said sDmebody suggested this evening that the City buy the land and turn it into a park. He advised that this can happen. However, it means reaching into our pockets and paying for it. He appreciated the input from the people and stated that the Commission has their interests in mind. He advised that the City Manager and the Commission have already taken steps to try to resolve the problems regarding Lawrence Road. B. Non-Consent Agenda - Not unaft110usly approved by the Plann1ng and Development Board 1. Project Agent: Owner: Location: Nlutica - Plat ~ Lawson, Noble & A ciates, Inc. for L.' Homes Boynton Nurseries rthwest corner of La ence Road and the~.D.D. L- canal '" Requ t for approval of th construction plans,and prelim ary/final plat for t construction of " infrastr re, landscaping and 1vate recreation to serve 5 ingle-family, detacH ,zero lot line units and 12 ingle-family, detach "Z" lot line units in c ection with the pre usly approved Boynton eries PUD. ........... "'-, - 15 - ~ i..L ~ '?;, Iq~.l i (--I L <2- I At?- e(f}~th . '.." '. ....:, .'-";"'':''-:,';;':::'-:-:.': . ':t '~"r7' --,:::,:--0;-".. ;" - ~'-'. .:~:;,~~,..... ... .... . .t.. 'TO .. ~':;: --'.::'~~~:.~~ ~--.;. ":.: ~... : .,f.... ;' ;::...':. :;..; ........... YOUR NEIGHBORS WANT YOU 'lU COME m THE,GJ:1DF BOYNToN BEACH'S CITY COUNCIL MEETING TUESDAY FEBUARY 21st at 6:30 PM 100 Bod j~EACH BODLEVAiID AT SEACRFSr (EAST OF 95) ,~. " -. .,'t':.;'-.1-~ ~.'" f. '-. ...c.... -~......::.... _--. .;. .' ',~. . _. - . ',.:,..\.. .:~:.':~~_" \..'. -. Due to a filing mistake CitruJ Park will not he a major item lilt ,Feh. 21st Agenda as first thought hut this gives us each the chance to ~ to the council during the public ~jsectfo.tbf the ,meeting (7p.m. or as soOn' theriafter as ' ~enda permits. IndIvidual sueabrs will he limitecHo 3 minUte lIf~fations CGrri' ParkP.a best estamafe is 7:45~) TO reserve your time pIeasa adl the city clerk at (401) 375-GOOO:aDd .:-.i:,fohe pIaced on the i:::f of~, " far the pubJic heming, you caD':Um.add ~!T1Jm18hefure~hem..-*"~. tI! f I'. .f.~~~~r;":atfD;. mid',1y;W:i .,' !Ip~tb4zt!ime. For thoSe of you with mterest tuwwds the end of the a:' Ii:d QpjUoYul for the,Y.l8Jiing ana of the many, PUD's (Planned Unit DewIopment) now starting in' . '1argiSt hOusinQ homii evei'Jincethere ~ be a city , - Election on Marcf114th it becomes critical to assess the lam ,ducJC opiiIiOn on these matterS to protect fDurseIL ' 1. Security. ~~~non~. wu;~:;~t~t=~~:t , area along our fence, this us assessa&le, especIally if CItrus trail JS opened., 2 S 1- ght '.~ With two story houses - ': . oDgA~~nboarder a ii~ -Sky LineN 1s being . · [created. The homes ~. wull 'R.PI.Dow have people fooling into their hm:kyard S '." in some caseS . .. e vunJi, awen as view of all homes. -, '. :3 ove 1 . We have ~ ..~ . "if mI:_~~ts hut withoutohjecting there is a , . question of . City am ati:lDfe a public ~ht of way ~h our land -1- ty' Citrus Parks highest iiIJ. ' in the iiiiige~o1ii lowest wi~t r.om~On facilities all. ~o pool, no tennis, n~1!i. '. tL~i~ to attract a tran.si~~ .~ety '., . M.th out regard for othiJg perty)t;ij...~, orpropertyvuIues. ~)t[~, S f ty r, With mcreast traffic, and tlii iy otlitinsw developments, Lawrerice Road , . a e .a:nd Gateway Bvd... will soon, .in midI~No 'f.RAFFIC S~Y has ~ done . ' " , ~ SInce 1987. irorSafteyisat. I Whoi1lIpayforuuarmfestoourroadsandwhen? 6 SaleahIl-ty Yourhouse.!9nfy .. what~M1teWiIlpayfori~lfthehousearoundyou~ for less ~ Will also: your neIghlJors house is worthless what is nat to nothing, · ; . . andhowmi!ChwUI~,' ;w.a~lm~.tGa,a!!d!ank~tDn."', 7 'S t f' Your fire station is oil MfD.or mart hut It 'am not use that nxm so it must t:nive1 around the ree S block to get to yOu adding:5'to ID,nWiiites bitlu;'~!m~ that nice to know'when you oDly · 1, ,have 213 minutesUto live or you hoUS8is burning; ~ bulgier iSn't $0 scarey now is he... 8 S hI- n g. Ie's Asbestos 'shingles .~. ~ Citrus ~Wbne legal cIre.. cansidemhle less safe . than our cement tiles: 'Not to msntion the healih hazard of Ashestos[ 9 Shams. =:::5~a~=::r~~1~~j~uieinanies~~bn~lueofpark? . . . MIY is Lawrence Hood '~two limes and what happened to the liahts? - ' . Why is the school at,~OO% cii.~tr. and.sh$g an enterencewilh p3 homes? 111111 \or \he people. SometiJIie's reqUfres~the peojileto get fuJol~' <(!t.\e I . . . . '. ' get I ~~ ~ Q) . ...... ~ ~ t9 ., : · · . ... · " .. · · .. . ~~ 'II Jq 'a[do n\11) '~9 ad am 10 IllatIItIlaA09 '.." iiisrqfip .I1atlllluDma\l \'"