APPLICATION
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.~
PROJECT NAME: FOSTER PROPERTY
LOCATION: NORTH OF MINER ROAD BETWEEN LAWRENCE & CONGRESS
COMPUTER ID: FOSTER PROPERTy\LUAR
I FILE NO.: LUAR 97-003 I TYPE OF APPLICATION:
. LAND USE PLAN AMENDMENT/
REZONING
APPLICANT/CONTACT PERSON: OWNER: Roland E. & Leila M. Foster
JULIAN BRYAN PHONE:
Julian Bryan and Associates FAX:
PHONE: (561) 338-0395 ADDRESS: 3890 Ocala Rd
FAX: (561) 338-~S-'lqk Lantana, FL 33462
ADDRESS: 756 St. Albans Dr
Boca Raton, FL 33486
DATE:
SUBMITTAL / RESUBMITT AL 11/3/97
1ST REVIEW COMMENTS DUE: 11/14/97
PUBLIC NOTICE:
TRC MEETING: 11/18/97
RESUBMITTAL DATE: 12/9/97 \
2ND REVIEW COMMENTS DUE: 12/19/97 I ? <1'w~y1
I
LAND DEVELOPMENT SIGNS POSTED: \oY
PLANNING & DEVELOPMENT BOARD 12/W97 \
,f2L
MEETING:
CITY COMMISSION MEETING: ~~~'}; J
j Ii.. fqJ'
COMMENTS: C C CJ..Jv.J , i-J).J) qj
rO A 1'/' . dJ 9l? -.} "1
'18 ) ~ ,
C;'s - 2 Ci
S:\FORMS\PROJECT TRACKING INFO
Julian Bryan & Associates
November 2, 1997
Ms. Tambri J. Heyden, AICP
Director of Planning & Zoning
City of Boynton Beach
100 E, Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
Re: Foster Property, 23.4 acres
Section 7, Township 45 South, Range 43 East
Dear Ms. Heyden,
I am pleased to submit on behalf of Continental Homes of Florida, Inc. a request for
annexation, land use plan amendment and rezoning for the above referenced
property,
The subject property consists of 23.4 acres and is located north of Minor Road
between Lawrence Road and Congress Avenue,
As discussed in our meeting of Monday, October 27, 1997, this proposal is to
construct 98 zero lot line homes on lots of 5,000 square feet or greater. The
proposed residential development is compatible with adjacent surrounding residential
uses and serves as a transition between single family homes to the east and the
mobile home park to the west.
Enclosed are 2 applications, 10 sets of appropriate exhibits and maps and the
necessary filing fees,
Please call if you have any questions or require additional information, We look
forward to working with you and your staff on this project,
~1(1:-r?
presideny
cc: Continental Homes
F, Martin Perry, Esq.
land Development Consultants. 756 St. Albans Drive · Boca Raton. Florida 33486 · (407) 338-0395
APPLICATION ACCETABLE DATE:
RECEIVED BY STAFF MEMBER:
FEE PAID:
RECEIPT NUMBER:
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING BOARD
LAND USE AMENDMENT AND/OR REZONING APPLICATION
This application must be filled out completely and accurately and
submitted, together with the materials listed in Section II below,
in two (2) copies to the Planning Department. Incomplete
applications will not be processed.
PLEASE PRINT LEGIBLY OR TYPE ALL INFORMATION.
I, GENERAL INFORMATION
1.
Project Name:
FDST6f2.. PJ!Dpr;:;12:rY
2. Type of Application (check one)
v
a. Rezoning only
b. Land Use Amendment Only
c. Land Use Amendment and Rezoning
3. Date this application is accepted (to be filled out by
Planning Department) :
4. Applicant's Name (person or Business entity in whose name
this application is made) :
CoI..I[' t::b1J(/::L ;.Iout=;s of t:'W1210 A / / J.)C,.
Address: 8CXJo 1DVbf!JJDR..~ sq<J~~ Bo..JD., ~(jrr~ /D/
UIAI-I { {AK.~<;. Fu.. 3!,61b
I (Zip Code)
Phone: 36C;;- 5(2.- 49~~ FAX: ~D$ - 5"'5'b-18/~
5. Agent's Name (person, if any, representing applicant):
Page 1
0()L/~U 1S2:(AU - J(J(--!~L \ &'2..y~L ') ! A ~OCJI!ft:,9
Address: 7sb 9"r IJGSA/.J$ b~.
'&c/J. J!.ATDI.J FG.IJ. 3~8b
, (Z~ Code)
Phone: S6/-338-039S FAX: 5~(,33g...~99b
6. Property Owner's (or Trustee's) Name:
T<.C:>GADb b. ...J LGIL.A M. /:'XfEAZ
Address: 3896 D::..1Jt ~ l!.D/jD
LAIJTAIJA, t:C.A. ~34b2.
I '
(Zip Code)
Phone:
FAX:
7. Correspondence Address (if different than applicant or
agent) :
" A C~
i2S ~'fWT
I I
*This is the address to which all agendas, letters, and
other materials will be mailed.
8. What is the applicant's interest in the subject parcel:
(Owner, Buyer, Lessee, Builder, Developer, Contract
Purchaser, etc.)
~~T P<JfUJJlj~Gl2-
9. Street Address or Location of Subject Parcel: AJo~
9/t)C; Of: MIL V:~ U>~ f~ Ula:. UC:S"( 01=' wJ6eES"S 4'Jb, .
10. Legal Description of Subject Parcel:
<<'A 7T~IJ~D 01
Page 2
11.
12.
13.
14.
15,
16,
Area of Subject parcelA(to the nearest hundredth (1/100)
of an acre: 21A ~.
Current Zoning District: At? A1etXX-fV~ ~Jr:EJ:rf111L-(~~
Proposed Zoning District: p, (). D.
Current Land Use Category: MR 5' (~B.COvLfY)
Proposed Land Use Category:~ Ol)~/~ .L.U.f.4.o
I I
Intended Use of Subject Parcel: 9~ ~~ U6T tJ~
I
IJ bJL6C;
17. Developer or Builder: ~l--rrILJE:JJ(AL lJou'fE
18, Architect:
19. Landscape Architect: ,l{1L..I..JA.r:J- QI.Ji::x.E
20, Site Planner: JOUA.D 751ZyAU
21, Civil Engineer: ~r;;~{:"Phi ~IJOI::,.T5
22. Traffic Engineer: Y<lt>I-)i.'Jr;, i!.r:It-,
23. Surveyor: /.JA6e:2--1JJf:JJ.)~ of f:,)~_
II. ~~TERIALS TO BE SUBMITTED WITH APPLICATION
The following materials shall be submitted in two (2) copies,
unless otherwise indicated:
(please check)
./ a.
V
b.
c.
This application form.
A copy of the last recorded warranty deed.
The following documents and letters of consent:
(1) If the property is under joint or several
Page 3
ownership: a written consent to the application by
all owners of record,
~ (2) If the applicant is a contract purchaser: a copy of
the purchase contract and written consent of the
owner and seller, and
(3) If the applicant is represented by an authorized
agent: a copy of the agency agreement, or written
consent of the applicant, and
(4) If the applicant is a lessee: a copy of the lease
agreement, and the written consent of the owner,
and
(5) If the applicant is a corporation or other business
entity: the name of the officer or person
responsible for the application, and written proof
that said person has the delegated authority to
represent the corporation or other business entity,
or in lieu thereof, written proof that he is in
fact an officer of the corporation.
-.Ld.
V (2)
A computation of the total acreage of the subject
parcel to the nearest hundredth (1/100) of an acre.
~(3)
A tree survey, which conforms to the requirements
of the City of Boynton Beach Tree Preservation
Ordinance. (Also refer to Page 6, Sec. I I h. (12)
of this application if property is occupied by
native vegetation.) This requirement may be waived
by the Planning Director where found to be
unrelated to the land use or zoning issues involved
with the application.
/ e.
A complete certified list of all property owners, mailing
addresses, and legal descriptions for all properties
within at least four hundred (400) feet of the subject
parcel as recorded in the latest official tax rolls in
the county courthouse shall be furnished by the
applicant. Postage, and mailing labels or addressed
envelopes must also be provided. Said list shall be
accompanied by an affidavit stating that to the best of
Page 4
the applicant I s knowledge said list is complete and
accurate. Notification of surrounding property owners
will be done by the City of Boynton Beach.
V f.
A copy of the Palm Beach County Property Appraiser's maps
showing all of the properties referred to in paragraph e.
above, and their relation to the subject parcel.
v g.
A statement by the applicant justifying the zoning
requested, including reasons why the property is
unsuitable for development under the existing zoning and
more suitable for development under the proposed zoning.
Lh.
A comparison of the impacts that would be created by
development under the proposed zoning, with the impacts
that would be created by development under the proposed
zoning, with the impacts that would be created by
development under the existing zoning, which will
include:
vi'
./ (2)
vi (3)
JJ/-A- ( 4 )
(S)
(I )
A comparison of the potential square footage of
number and type of dwelling units under the
existing zoning with that which would be allowed
under the proposed zoning or development.
A statement of the uses that would be allowed in
the proposed zoning or development, and any
particular uses that would be excluded.
Proposed timing and phasing of the development,
For proposed zoning of property to commercial or
industrial districts, where the area of the subject
parcel exceeds one (I) acre, projections for the
number of employees.
A comparison of traffic which would be generated
under the proposed zoning or development, with the
traffic that would be generated under the current
zoning; also, an analysis of traffic movements at
the intersections of driveways that would serve the
property and surrounding roadways, and improvements
that would be necessary to accommodate such traffic
movements, For projects that generate move than
five hundred (SOO) net trips per day, a traffic
impact analysis must be submitted which complies
with the Municipal Implementation Ordinance of the
Palm Beach County Traffic Performance Standards
Ordinance.
(a) For projects that generate two thousand
(2,000) or more net trips per day, the traffic
Page S
NOTE:
impact analysis must be submitted to the City
at least 30 days prior to the deadline for
land use amendment and/or rezoning, in order
to allow for timely processing of the
application and review by the City's traffic
consultant and Palm Beach County. The
applicant shall be billed for the cost of
review by the City's traffic consultant.
(b) For projects that generate between five
hundred (500) and two thousand (2,000) net
trips per day, the traffic impact analysis
must be submitted at the application deadline
for land use amendment and/or rezoning, in
order to allow for timely processing of the
application and review by Palm Beach County.
However, if it is the desire of the applicant
to utilize the City's traffic consultant for
review of the traffic impact analysis prior to
review by Palm Beach County, then the
procedure and requirements outlined under item
"a" above shall be followed.
Failure to submit traffic impact analysis in the manner
prescribed above may delay approval of the application.
v
( 6)
V (7)
For parcels larger than one (1) acre, a comparison
of the water demand for development under the
proposed zoning or development with water demand
under the existing zoning. Water demand shall be
estimated using the standards adopted by the Palm
Beach County Health Department for estimating such
demand, unless different standards are justified by
a registered engineer. Commitment to the provision
of improvements to the water system shall also be
included, where existing facilities would be
inadequate to serve development under the proposed
zoning.
For parcels larger than one (1) acre, a comparison
of sewage flows that would be generated under the
proposed zoning or development with that which
would be generated under the existing zoning.
Sewage flows shall be estimated using the standards
adopted by the Palm Beach County Health Department
for estimating such flows, unless different
standards are justified by a registered engineer.
Commitment to the provision of improvements to the
sewage collection system shall also be included,
where the existing facilities would be inadequate
to serve development under the proposed zoning.
Page 6
(8) For proposed residential developments larger than
one (1) acre, a comparison of the projected
population under the proposed zoning or development
with the proj ected population under the existing
zoning. Population projections according to age
groups for the proposed development shall be
required where more than fifty (50) dwellings, or
50 sleeping rooms in the case of group housing,
would be allowed under the proposed zoning.
(9) At the request of the Planning Department, Planning
and Development Board, or City Commission, the
applicant shall also submit proposals for
minimizing land use conflicts with surrounding
properties. The applicant shall provide a summary
of the nuisances and hazards associated with
development under the proposed zoning, as well as
proposals for mitigation of such nuisances and
hazards. Such summary shall also include, where
applicable, exclusion of particular uses,
limitations on hours of operation, proposed
location of loading areas, dumpsters, and
mechanical equipment, location of driveways and
service entrance, and specifications for site
lighting, Nuisances and hazards shall be abated or
mi tigated so as to conform to the performance
standards contained in the City's zoning
regulations and the standards contained in the
City's noise control ordinance. Also, statements
concerning the height, orientation, and bulk of
structures, setbacks from property lines, and
measures for screening and buffering the proposed
development shall be provided, At the request of
the Planning and Development Board or City
Commission, the applicant shall also state the type
of construction and architectural styles that will
be employed in the proposed development.
(10) At the request of the Planning Department, Planning
and Development Board, or City Commission, the
applicant shall also submit the following
information:
(a) Official soil conservation service
classification by soil associations and all
areas subject to inundation and high ground
water levels,
(b) Existing and proposed grade elevations.
(c) Existing or proposed water bodies.
Page 7
(d) Form of ownership and form of organization to
maintain common spaces and recreation
facilities,
(e) A written commitment to the provision of all
necessary facilities for storm drainage, water
supply, sewage collection and treatment, solid
waste disposal, hazardous waste disposal, fire
protection, easements or rights-of-way,
roadways, recreation and park areas, school
sites, and other public improvements or
le dedications as may be required.
~}or rezonings to planned zoning districts, the
specific requirements for submission of
applications for rezoning to such districts shall
also be satisfied. Furthermore, all materials
required for a subdivision master plan shall also
be submitted.
(12) Where conformance with the county's Environmentally
Sensitive Lands Ordinance is required, an
Application for Alteration of Environmentally
Sensitive Lands (Environmental Impact Study) must
be submitted to the Palm Beach County Department of
Environmental Resources Management (copy to City)
prior to or concurrent with the submittal of the
Land Use Amendment and/or Rezoning Application to
the City.
Page 8
III. APPLICATION FEES
Fees shall be paid at the time that the application is
submitted, according to the fees which have been adopted by
ordinance or resolution. The Planning Department will inform
the applicant as to the fees which are required, All fees
shall be paid by check, payable to the City of Boynton Beach.
IV. CERTIFICATION
(I) (We) understand that this application and all plans and
papers submitted herewith become a part of the permanent
records of the Planning and Zoning Board. (I) (We) hereby
certify that the above statements and any statements or
showings in any papers or plans submitted herewith are true to
the best of (my) (our) knowledge and belief. This application
will not be accepted unless signed according to the
instructions below,
Signature of Owner(s) or Trustee,
or Authorize~ Principal if property
is owned by a corporation or other
business entity.
Dat
v. AUTHORIZATION OF AGENT
/D~( - 5 ~
Dat
(I) (We) hereby designate the above signed person as (my)
(our) authorized agent with regard to this application.
Signature of Owner(s) or Trustee, or
Authorized Principal if property
is owned by a corporation or other
business entity.
Date
Page 9
FOSTER PROPERTY
LAND USE AND REZONING JUSTIFICATION
Land Use
The property is currently within unincorporated Palm Beach County where it has a
future land use designation of 5 dwelling units per acre which would allow a
maximum of 117 dwelling units, This proposed plan requests a maximum density of
4,19 units per acre or a maximum of 98 dwelling units. The City of Boynton Beach
Land Use Plan identifies surrounding properties as residential at a maximum density
of 4,84 units per acre which would allow a maximum of 113 dwelling units.
Therefore, the proposed plan requests 15 units less than the recommended Boynton
Beach surrounded land use and 19 units less than Palm Beach County's present land
use designation.
Zoning
The property is currently within unincorporated Palm Beach County where is has a
zoning designation of (AR) agricultural residential district, The present zoning
category, in addition to agricultural uses, allows one (1) home per ten (10) acres,
This subject zoning is a "holding" category which is typically designated for
properties in the eastern part of the County that are awaiting development.
The property is surrounded on the northwest, north, east and southwest sides by
previously approved and developed Planned Unit Developments (P.U,D.),
Consequently, the most appropriate zoning category for the subject property is
P,U,D, The density and land use intensity rating (where applicable) are as reflected
below:
Area Development
Land Use
Intensity
Density
Northwest Lawrence Grove P.U,D.
LUI 4,0
4.39 units per acre
North The Meadows 300 P.U,D.
LUI 4,0
3.76 units per acre
East Meadows P.U.D.
LUI4.0
3.60 units per acre
Southeast The Chalet
LUI Nj A
7.60 units per acre
Southwest Citrus Glen P.U.D.
LUI 4,0
3.95 units per acre
West Whispering Pines Mobile
Home Park
LUI Nj A
6.60 units per acre
It is clear from the above that the proposed development at a density of 4.19 units
per acre and with a LUI of 4.0 is compatible with the surrounding land uses and
provides an appropriate transition to the higher density reflected in the adjacent
mobile home park,
Vehicular access will be limited to Minor Road and will not attempt to re-open the
sensitive issue of the extension of Bedford Blvd within Lawrence Grove P,U.D, to the
east and connecting with Meadows Blvd.
7R.JU5TLUREZ.112
FOSTER PROPERTY
LAND USE AND REZONING COMPARISON OF IMPACTS
Comparison of Impacts between existing and proposed land use and zoning
The property is currently within unincorporated Palm Beach County where it has a
future land use designation of 5 dwelling units per acre which would allow a
maximum of 117 dwelling units, This proposed plan requests a maximum density of
4,19 units per acre or a maximum of 98 dwelling units, The 98 dwelling units are
zero lot line homes which will be on lots of 5,000 square feet or greater.
The City of Boynton Beach Land Use Plan identifies surrounding properties as
residential at a maximum density of 4.84 units per acre which would allow a
maximum of 113 dwelling units, Therefore, the proposed plan requests 15 units less
than the recommended Boynton Beach surrounded land use and 19 units less than
Palm Beach County's present land use designation,
The property is currently within unincorporated Palm Beach County where is has a
zoning designation of (AR) agricultural residential district. The present zoning
category, in addition to agricultural uses, allows one (1) home per ten (10) acres.
This subject zoning is a "holding" category which is typically designated for
properties in the eastern part of the County that are awaiting development.
The property is surrounded on the northwest, north, east and southwest sides by
previously approved and developed Planned Unit Developments (P.U.D,).
Consequently, the most appropriate zoning category for the subject property is
P.U.D. The density and land use intensity rating (where applicable) are as reflected
below:
Area Development
Land Use
Intensity
Density
Northwest Lawrence Grove P,U.D.
LUI 4,0
4,39 units per acre
North The Meadows 300 P,U.D.
LUI 4.0
3.76 units per acre
East Meadows P.U,D.
LUI 4.0
3.60 units per acre
Southeast The Chalet
LUI N/ A
7.60 units per acre
Southwest Citrus Glen P,U.D.
LUI 4.0
3.95 units per acre
West Whispering Pines Mobile
Home Park
LUI N/A
6.60 units per acre
It is clear from the above that the proposed development at a density of 4,19 units
per acre and with a LUI of 4,0 is compatible with the surrounding land uses and
provides an appropriate transition to the higher density reflected in the adjacent
mobile home park.
Vehicular access will be limited to Minor Road and will not attempt to re-open the
sensitive issue of the extension of Bedford Blvd within Lawrence Grove P,U,D, to the
east and connecting with Meadows Blvd,
h. (1) Existing zoning of AR would allow a maximum of 2 single family homes,
However, it would also allow a variety of agricultural uses and other uses such as
packing plant, equestrian arena, airplane landing strip, recycling drop off bin,
incinerator, stable, kennel, gun range, electrical power facility, solid waste transfer
station, water or wastewater treatment plant, helicopter pad, congregate living
facility, cemetery, zoo and vehicle repair and related services.
The proposed zoning of P.U.D. will allow the construction of 98 detached, fee simple
zero lot line dwelling units. The Palm Beach County land use designation of MR-5
would allow up to 5 dwelling units per acre or a total of 117 units, The City of
Boynton Beach Future Land Use Designation allows a maximum of 4,84 dwelling
units per acre or a maximum of 113 units.
h, (2) The proposed zoning allows the development of single family homes on lots of
a minimum of 5,000 square feet. Additional common area facilities could include
homeowner association owned recreation facilities,
h. (3) The proposed construction of 98 zero lot line homes will occur in one Phase of
development. Construction will commence as soon as the appropriate approvals are
obtained from the City of Boynton Beach and other applicable governmental
regulatory agencies.
h. (4) N/A
h. (5) See attached separate Traffic Analysis.
h, (6) Based upon conversations with officials of the Boynton Beach utility
department, the average daily demand for residential water consumption is
approximately 200 gallons per person per day. With an average estimated household
size of 3.0 persons an average of 600 gallons per day per dwelling unit is estimated,
Total project water consumption would be (600 gallons per day x 98 units) 58,800
gallons per day,
Potable water demand based upon the present agricultural use is presumed to be
zero, It is assumed that the present use obtained non-potable water for crop
irrigation from either the adjacent canal or shallow wells. However, the present
zoning allows a variety of uses as shown above and water demand may be significant
based upon the use,
h. (7) Based upon conversation with officials of the Boynton Beach utility
department, the average daily demand for wastewater is approximately 90 gallons
per person per day, With an average estimated household size of 3.0 persons an
average of 270 gallons per day per dwelling unit is estimated. Total project
wastewater demand would be (270 gallons per day x 98 units) 26,460 gallons per
day,
The present agricultural use does not require the treatment of wastewater, However,
the present zoning allows a variety of uses as shown above and wastewater demand
may be significant based upon the use,
h. (8) Based upon conversation with officials of the City of Boynton Beach, an
average of 3.0 persons per household may be utilized for population projections.
With 98 dwelling units it is estimated that 294 residents will reside in the proposed
community. Age groups of the residents will vary, It is anticipated that families,
empty nesters and others will purchase homes in this community.
The present use does not have any permanent residents on the site. However, the
farming operation reqUires a number of employees. This number of employees
varies during the year, Possible uses under the present zoning could have significant
numbers of either employees or residents depending on the use.
h. (9) The proposed residential use with 98 single family zero lot line homes will be
compatible with surrounding existing residences and will not create nuisances or
hazards of any kind. Building setbacks, heights, site coverage, and landscaping are
similar to those surrounding P.U.D,'s previously approved and developed, Attention
has been given to perimeter landscape buffers and site layout to ensure compatibility
with existing neighborhoods,
h. (10) Information not required by staff at this time.
h. (11) (See enclosed Master Plan package)
h, (12) NjA
City of Boynton Beach, Florida
Planning & Zoning Board
LAND USE AMENDMENT AND/OR REZONING APPLICATION
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Review and Processing Schedule:
Date Accepted by Planning Department
Date Transmitted to City Clerk
Date Notifications Mailed to Surrounding Property
Owners
Dates of Advertisement in Newspaper (rezoning and/or land
use amendment)
Dates of Advertisement in Newspaper (annexation)
Date of Transmission of Departmental Review Forms to
Department Heads
Date of Review by Technical Review Committee
Date of Pre-Hearing Conference
Date of Public Hearing Before Planning & Development
Board
Date of Public Hearing Before City Commission
Date of Transmission of Proposed Comprehensive Plan
Amendment to Florida Department of Community Affairs,
pursuant to Florida Statutes, F,S. 163,3184 (1) (a)
Date of Transmission of Proposed Comprehensive Plan
Amendment to Other Governmental Agencies Requesting
Notification, Pursuant to Florida Statutes, F.S. 163.3184
(1) (b)
Date of Receipt of Notice from Florida Department of
Community Affairs Regarding Comprehensive Plan Amendment,
pursuant to Florida Statutes, F.S. 163.3184 (4)
Page 11
City of Boynton Beach, Florida
Planning & Zoning Board
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Date of Hearing Before Florida Division of
Administrative Hearings, Pursuant to Florida Statutes,
F.S, 163.3184 (5) (b)
Date of Hearing Before City Commission on Revised
Comprehensive Plan Amendment, Pursuant to Florida
Statutes, F.S. 163.3184 (6) (a)
Date of Transmission of Revised Comprehensive Plan
Element to Florida Department of Community Affairs,
Pursuant to Florida Statutes, F, S. 163.3184 (6) (a)
Date of Receipt of Notice from Florida Department of
Community Affairs Regarding Revised Comprehensive Plan
Amendment
Page 12
City of Boynton Beach, Florida
Planning & Zoning Board
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Date of Hearing Before Florida Division of
Administrative Hearings, Pursuant to Florida Statutes,
F.S. 163.3184 (7)
Date of First Reading of Ordinance to Armex
Date of First Reading of Ordinance to Rezone and Amend
Future Land Use Map
Date of Second Reading of Ordinance to Annex
Date of Second Reading of Ordinance to Rezone and Amend
Future Land Use Map
Date of Expiration of Zoning
Date of Expiration of Time Extension for Zoning
Page 13
HAGER, Jf-INBERG & ASSOCIATES, -VC.
PROFESSIONAL LAND SURVEYORS
FOSTER PROPERTY
LEGAL DESCRIPTION:
The West 2/3 of the South 1/4 of the East 3/4 of the Northeast 1/4 of the
Southwest 1/4 and the West 2/3 of the East 3/4 of the Southeast 1/4 of the
Southwest 1/4 of Section 7, Township 45 South, Range 43 East; said lands
situate, lying and being in Palm Beach County, Florida, LESS the South
40 feet thereof.
DocumentS
3850 N,W. BOCA RATON BLVD.
SUITE 3, BOCA RATON, FL. 33431
PHONE: (561) 395-3600
FACSIMILE: (561) 395-2237
~ ~-----'------_.._-._._.~_._--~_.._..__.- -.
Continental
October 31, 1997
Ms. Tambri Heyden
Director of Community Development
Planning Development
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
RE: Foster Property, 23.4 acres, North side of Miner Road, City of Boynton Beach
Dear Ms. Heyden:
Continental Homes of Florida, Inc., as contract purchaser, authorizes Mr. Julian Bryan of
Julian Bryan & Associates to make applications and process requests for comprehensive
Plan Amendments, rezoning and master planning of my above referenced property.
Should you have any questions whatsoever, please feel free to call.
Thank you for your assistance.
Sincerely,
Jo~ronf~c/la-;
President
JPM/nel
cc: Julian Bryan
Welcome Home
CONTINENTAL HOMES OF FLORIDA, INC.
8000 GOVERNOR'S SQUARE BOULEVARD, SUITE 101
MIAMI LAKES, FLORIDA 33016
DADE (305) 512-4954 BROWARD (954) 467-8599
FAX (305) 556-1815
U C I -.5 .L - ~ 't'
Fk:X
1 -,.. :: 2: 8
KEDXNG
~ l'~,
INSURANCE
P _ (32:
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OCT-31-97 FRI 02:53 PM INDEPENDENCE TITLE
OCT. S 1 '97 tJR l) 1', 4S C:ON":': N t:N'l'^l. KIJt4&;~-'" j ^"'.
FAX NO.
;IV" ~:"'\.I .."'--
. ..__. _ ~, 02
Octob&r 31. 1997
, ,
Ms. Tambri Heydon. OlrfJC1Or of Community Oevefopment
PJannInQ Dep8J1n1eral "
100 E. Boynton Betch Boulevard
Boynton e.B~h, Florida S3425
. RE: Foster Property. 23.4 acres. north side of Miner Road. City of Bo,l'don Beach
, \
Dear Ms. H~d.n,
~ Is to authoriz. Mr. Jutlan Bryan of Junan Qryan a. Associates, to make
appUcatitms and process requ86ia for Comprehen~8 Plan Ams"dmanf8,
rMol'\fng and master planning at my above referenced pmp8lty.
Shoufd you ha\to ArlY, Questions whatsoever. pl8JUJQ feel free to call.
Thank you for your'assistance.
\',-:,
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Sincerely,
,
\
ROland E. Foster
1'~~. ~
&:c: Julian Bryan
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Nm:JULIAN BRYAN(32454). Rq:9203.1
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I/Prepared by and return to:
I ( Robert M. Arlen
\, (V Robert M. Arlen, P.A..
1501 Corporate Drive, Suite 200
Boynton Beach, Florida 33426
(407) 734-9977
,
I
Con
MAY-21-1996 9:44am 96-1 74808
ORB 9270 P9 879
Ii I UiI II Ii I Ii illl !u!t ;~I
1 a 00 Doc . 70
Grantee S.S. No. N/A
WARRANTY DEED
THIS WARRANTY DEED, made May 7, 1996 between ROLAND E. FOSTER and
LEILA MAY FOSTER, husband and wife with no minor children, of Lantana, Palm Beach
County, Florida, GRANTORS, and ROLAND E, FOSTER, TRUSTEE, under agreement dated
May 7, 1996, made by ROLAND E. FOSTER and LEILA M, FOSTER, GRANTEE, whose post
office address is 3890 Ocala Road, Lantana, Florida 33462, GRANTOR and GRANTEE
addresses are the same,
THE GRANTORS, in consideration of the sum of Ten Dollars ($10,00) and other good
and valuable considerations, to said GRANTORS in hand 'paid by said GRANTEE, the receipt
of which is hereby acknowledged, has granted, bargained and sold to said GRANTEE and
GRANTEE'S successors, and assigns forever the following described land situate in Palm Beach
County, Florida, to wit:
Parcel #1-Homestead-ID#: 00434506040210110
Lot llJ Block 2It according to Plat #2 Seminole Manort recorded in Plat
Book 26t Pages 21 and 22 of the Public Records of Palm Beach County,
Florida.
~ Parcel #2-10#: 00 43 45 07 00 000 7030
The West 2/3 of the South 1/4 of the East 3/4 of Northeast 1[4 of Southwest
1/4 and West 2/3 of East 3/4 of Southeast 1/4 of Southwest 1/4 of Section 7,
Township 45 South, Range 43 East.
and said GRANTORS do hereby fully warrant the title to said land and will defend the same
against the lawful claims of all persons whomsoever. Where used herein the terms GRANTOR,
GRANTEE, and TRUSTEE shall be construed as singular or phlIal, and the term TRUSTEE shall
include all Successor TRUSTEES as the context requires,
1
LAW OFFICES ROBERT M. ARLEN, P.A. 1501 CORPORATE CAlVE, SUITE 200, BOYNTON BEACH, FL 33428 . TEL. (407} 734-9977. BROWARD LINE (9&4) 781-7822
-
-
sep-1B-98 04:16P conti~ental
Homes
305 512 0752
p.01
Continental Homes oCFL. Ine,
8000 Governors Square Blvd. . 5te,101. Miami Lakes. FI33016
FAX
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Nl&lnkr of pica UlcludiDa cover sheet: 5
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Fax plume:
305-512-4954
)()$-556-1115
ltEMA1UCB:
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Welcome Home
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____09/18/98 11:42 FAX 15616865442
Nason Yeager et a1
~002
Prepared by and retum to:
F. Martin Perry, Esq.
1645 Palm Beach Lakes Blvd.
Suite 1200
West Palm Beach, FL 33401
UNITY OF TlTLE
in consideration of the issuance of a Land Development Pemlit for the construction of impTovements as
delineated on the construction plans for the Plat of Summer Mills, P U.D. loca.ted in the City ofBO)'llton
Beach, Palm Beach CounLy, Florida, and for other good and valuable considerations. Continental Homes of
Florida, hlC_ heI"eby represents and agrees that the land within said Plat, which is described on Exhibit A
attached hereto:
1. are owned and lllldeI the control of Continental Homes of Florida, Inc.;
2. that Continental Homes of Florida, Inc. shall proceed with the proposed development according to
the provisions of those zoning regulations and conditions attach,--d to the zoning oftbe land to
PUD;
3. that Continental Homes of Florida, Inc_ shall provide agre~ents, contracts, deed Iestrictions and
sureties acceptable to the City of Boyuton Beach for compl&ioll of the development according to
the plans approved at tlle time of zoning to P UD and for continu ing operations and maintenance of
such areas. functions and facilities as are not to be provided, operated or maintained at public
expense;
4. this instrument may be recorded in the Public Records of Palm Beach County.
Signed, sealed, executed, and acknowledged on this _ day of
Palm Beach, Florida.
, 1998, at West
Continental Homes of Florida, Inc.
By:
Its
President
(Corp. Seal)
STATE OF FLORIDA )
)
COUNTY OF )
TIle fOTcgoing instrument was acknowledged before me this _ day of . 1998 by
, personally known _ OR produced identification Type of
identification produced
Approved as to Legal Sufficiency
.
Notary Public w State of Florida
Print Name:
James Cherot'
City Attorney, City of Boynton Beach. Florida
09/18/98 11:41 FAX 15616865442
Nason Yeager et al
III 001
Law Olfices
F. MAllTIN PmUty
F. Martin Perry, P.A.
1645 Pal1n Beach l.Qke~ Blvd.
Suite 1200
W~.rt Palm Beach, FIoridD 33401
TELEPHONE (561) 471.3507
FAX (561] 686-5442
MEMORANDUM
FROM:
Pat Maroney
Julian Bryan
Jim Cherof
Mike Rumpf
Marty Perry ~
September 18, 1998
VIA FACSIMILE ~305) 556-1815
../ (561) 338-5996
V(954) 771-4923 & 375-6054
375-6259
TO:
DATE:
RE:
Summer Mills, PUD, aka Foster Farms, PUD
SUBJECT:
Unity of Title Agreement
Code Ch. 2.5, Sec. 6
Planned Unit Developments
Enclosed find draft of Unity of Title Agreement, I am not certain of the correct name
of the legal entity having title to the land. A Legal Description must be attached.
Also, a copy of the Warranty Deed and/or a title insurance policy showing title in the
appropriate partY should be submitted to the City Attorney.
H:\CLlENT\ContinGrllilI.Fclit',F\ml:mo 9'18.98.wpd
DEPARTMENT OF DE
MEMORANDUM NO
oornoopwmrn
NOV 2 ..
.. EL I ~
. ENG 9s1~~Btp~?
fire
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OCT 1998
RECEIVED
TO:
James Cherof, City Attorney
Bulent L KastarIak, Director of Development ~
Ken Hall, Engineering Plan Check fnspectorffechnician CJ?,
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THRU:
FROM:
DATE:
October 21, 1998
RE:
FOSTERS MILL PROJECT (FKA SUMMERS MILL) - APPROVAL OF
UNIFIED CONTROL DOCUMENT
The subject document entitled Unity of Title is attached for your review and approval. Please
indicate your approval below, if satisfactory, and return this original to Engineering along with
the subject document. Thanks,
Question: Does the recorded Declaration of Covenants, Articles offncorporation and By-Laws
constitute su Icie evidence for the unified control of a P. U.D,?
'2\,>-oh K
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Date:
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Xc: Mike Rumpf: Acting Planning & Zoning Director
Mike Haal!. Building Corle Permit Administrator
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U9/18/98
14:34 FAX 15616865442
Nason Yeager et a1
flJ003
Prepared by and r&um to:
f. Martin Perry, Esq.
1645 Palm Beach Lakes Blvd.
Suite 1200
West Palm Beach, FL 33401
Qt'lITX OF TITl.-~
In consideration of the issuance of a Land Development Permit for the construction of improvements as
delineated on the construction plans for the Plat of Swnmer Mills. P.U.D. located in the City of Boynton
Beach, Palm Beach County. Florida, and for other good and valuable considerations, Continental Homes of
Florida. Inc. hereby represents and agrees that the land withil.l said Plat, which is described on Exhibit A
attached hereto:
1. are owned and under the control of Continental Homes of Florida, Inc.;
2_ that Continental Homes of Florida, Inc. shall proceed with the proposed development according to
tIle provisions of those zoning regulations and conditions attached to the zoning of the land to
PUD~
3. that Continental Homes of Horida, lnc_ shall provide agreements, contracts, deed restrictions and
sureties acceptable to the City of Boynton Beach for cOD'lpletion of the development according to
the plans approved at the time of zoning to PUD and for continuing operations and maintenance of
such areas. functions and facilities as are not to be provided, operated or maintained at public
expense;
4 _ this instrument may be recorded in the Public Records of Palm Beach County.
Signed, sealed, executed, and acknowledged on this ('6 day of
Palm Beach, Florida_
~.( l e (\,.h^~
If-)(1 ?;'/) ~ -V (/(tC 6j' /~, {t:U
~~Rt7"L-, 1998,atWcst
Continental Homes of Florida, Inc_
By;::r-~ P~err
It~ ~ ~ _ ~ :~
(Corp. Seal)
STATE OF FLORIDA )
)
COUNTY OF ~O clc-- _ )
J.1:e forcgnng instrument ~as acknowJooged before me this I B "tb day ofJ~p.te(h~.(, 1998 by
.) 0 ~'\(\ ~ n'\UY c.r'{.v ' personally knoWl'!-. . _ OR produced loentlficatlon Type of
identification produced ,-::)
~e.f\ 1M R....r _ .
Notary Public - S)f.te of Florida
Approved as to Leg31 Sufficiency Print Name: " JO hO\('v\C-- O~( e .'I.~1.A...:,r
,UH.", ~
~$~'~?~ J.BERENGUER !l
~{~.'? MY COMMISSION # CC 621750 !
;.~~;.~.: EXPIRES: February 16. 2001 I
"',9r..\~,'" Bonded Thill NolaIy Public Underwrirers i
-
James Cherof
CIty AUorney, City of Boynton Beach, Flonda
- ~._------ ----.----..-.
----...------
-----
- --------- - - --~-- ----
-- --------------
Parcel ID Number. 0 0 - 4 3 - 4 5 - 0 7 - 0 0 - 0 0 0 - 7 0 3 0
Grantce III l1N:
Warranty Deed
This Indenture, Made this ;</ s7day of August
ROLAND E. FOSTER, TRUSTEE UNDER AGREEMENT
, 1998 A.D., Between
DATED MAY 7, 1996,
ClflheCounlyof OSWEGO , Sl~te(lr New York ,grantor, and
CONTINENTAL HOMES OF FLORIDA, INC., A FLORIDA CORPORATION,
whose address is: 8000 GOVERNOR I S SQUARE BOULEVARD, SUITE 101
MIAMI LAKES, Florida 33016
oflhe Counly of MIAMI-DADE Stale of Florida , grantee.
Witnesseth Ihllllllc GRANTOR, for and in consideration of the sum of - - - - - - - - - - - - - -
- - - - - - - - - TEN & NO/100{$10.00) - - - - - - - - - - DOI.I.^,tS,
~r.<1 olher good ~nd valu~ble consider:l1ion 10 GRANTOR in h~nd paid by GRANTEE. Ihe receipl whereof is lIereby acknowledged, has
granted, bargained and so!d 10 lhe said GRANTEE and GRANTEE'S successors and assigns forever, lhe following described land.
situale, lying and being in 'he County or Palm Beach Slateof Florida 10 wit:
The West 2/3 of the South 1/4 of the East 3/4 of the Northeast
1/4 of the Southwest 1/4 and the West 2/3 of the East 3/4 of the
Southeast 1/4 of the Southwest 1/4 of Section 7, Township 45
South, Range 43 East; Said lands situate, lying and being in
Palm Beach County, Florida, less the South 40 feet thereof.
Subject to Reservations, restrictions, easements and rights of
of way of record and taxes for the year 1998 and subsequent
years.
~nu the granlor does hereby fully w~rrant the lille 10 saiu land, and will uefenu lhe same against lawful claims of all persons whomsoever.
In Witness Whereof, Ihe granlor has hereunto sel his hand ~nd seal the d~y and yeM firsl ~bove wrillen.
Signed, scaled and delivered in our presence: ROLAND. E. FOSTER, TRUSTEE
UNDER AGREEMENT DATED MAY 7,
1996
By: ~~i. ~,t:Uti{i.-fr
ROL NO E. FOSTER, TRUSTEE
1'.0. Address 777 COUNTY RT 5:1. OSWEGO, NY I J I ~6
C' h\,~~ )j.1Q0
Printed Name :("'r\n~-h~
Witl1~'_ ~
Printed Name: I ~ e.
Witness
~IIL-
Lass
STATE OF New York
COUNTY OF Oswego . Sl-
The foregoing instrument was acknowledged before me this c2/ ~ d:IY of
ROLAND E. FOS~ER, TRUSTEE on behalf of said
August
trust
, 1998
hy
who is pemmilJJy known /0 me or who J1ilS produced his dr i ver I s 1 i c en s e
as identification.
This Document Prepared G)': ~ToP.AGR J ~ER -<l1TU50882
RONALD '- PI.ATr, ESQ. .. ~ Pubic. state olNtw.York
INDEI'ENDENCE"TI1.E 'NsuRANcr~1ifled In Oswego Coun
170 NW SPANISIt RIVER BOULr~on EXpire.Novtmbtr 17.
BOCA RATON , FL 33431
Ur~
CONTINE
~.
Department of Enllineering
and Public Works
P.O, Box 21229
West Palm Beach. FL 33416.1229
(561) 684.4000
hap :/lwww.co.palm-beach.n.us
.
Palm Beach County
Board of County
Commissioners
Bun Aaronson. Chairman
Maude Ford Lee. Vice Chair
Karen T Marcus
Carol A, Robens
Warren H, Newell
Mary McCany
Ken L Foster
County Administrator
Roben Weisman. PE,
"An Equal Opporrunity
AffirmaTivt: Action Employ~'
@ printed on recycled paper
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lJl1 SEP I 5 1998 i.:J I
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PLANNING AND
ZONING DEPT.
September 14, 1998
Mr. Michael Rumph
Boynton Beach Planning and Zoning Department
100 E, Boynton Beach Bouievard
P,O, Box 310 .
Boynton Beach, FL 33425-0310
RE: FOSTER PROPERTY
Dear Mr. Rumph:
The Palm Beach County Traffic Division has reviewed the traffic impact
study for the project entitled Foster Property. pursuant to the Traffic
Performance Standards in Article 15 of the Palm Beach County Land
Development Code, Details of the project, as presented in the study, are
as follows:
Location:
South side of Miner Road between Lawrance Road and
Congress Avenue
98 single-family dwelling units
98.0 daily trips
2000
937
Intensity:
Trips:
Build-out:
TAZ:
There is one error in the study. The study identifies Congress Avenue
between Miner Road and Gateway Boulevard as a 4-lane roadway. It is a
6-lane roadway, This error does not change the results of the traffic study.
The study shows the need to phase to two roadway improvements.
Conditions must be included in the development order for this project
requiring the following phasing:
- No building permits for more than 47 single-family dwelling units until the
construction contract has been let for the widening of Congress Avenue
from Minor Road to Hypoluxo Road as a 6-lane roadway. This project is
scheduled for FY 97-98.
Department of Engineering
and Public Works
Po. Box 21229
West Palm Beach, FL 33416-1229
(561) 684-4000
http://wwwco.palm-beachJl.us
.
Palm Beach County
Board of County
Com.missioners
Burt Aaronson. Chairman
Maude Ford Lee. Vice Chair
Karen T Marcus
Carol A, Roberts
Warren H, Newell
Mary McCarty
Ken L Foster
County Administrator
Robert Weisman, PE,
"An Equal Opportunity
Affirmative Action Employer"
@ printed on recycled paper
ill ~ @ ~ ~ W ~ rn
Oi:.t: 2 J _ll'
PLANNING AND
ZONING DEPT.
December 15, 1997
Ms. Tambri Heyden, Director
Boynton Beach Planning and Zoning Department
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: FOSTER PROPERTY
Dear Ms. Heyden:
The Palm Beach County Traffic Division has reviewed two traffic impact
studies for the Foster Property. The first one, entitled Foster Property
Comprehensive Plan Amendment, shows that the 23.4 acre parcel with
an existing land use designation of LR5 can have 117 residential
dwelling units that will generated 1,170 daily trips. The study asserts
that the proposed land use designation will allow 98 residential dwelling
units that will generated 980 daily trips. There is no other traffic
information provided. . It is noted that 98 dwelling units equates to an
unusual 4.19 dwelling units per acre.
The second traffic study, entitled Foster Property, provides the same
trip generation information. It states that because the project will
generate fewer than 3,000 daily trips, a full traffic study is not required,
according to City of Boynton Beach requirements. A traffic study is
required for County Traffic Performance Standards.
Sincerely,
OFFICE OF THE COUf\!TY ENG!NEER
~"--- ~~
Dan Weisberg, P.E.
Senior Registered Civil Engineer
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Filt;, ~.t;~;" - TPS~.Tfaff:C' StudY;C'VIC"N
g:\use;\iJt):~isber'l'^'JJ~O\tps\~oyn8 i
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~~
YVONNE ZIEL TRAFFIC CONSULTANTS, INC.
11440 86th St. North, West Palm Beach, Florida 33412
Telephone (561) 624-7262. Facsimile (561) 624-9578
Mr. Michael W. Rumpf
City of Boynton Beach
Planning and Zoning Department
P,O.Box 310
Boynton Beach, Florida 33435
'[0) ~ U 'If} ~ fn)
1111 11,,[; - 2 fl1T @
November 19, 1997
RE: Foster Property
Dear Mr. Rumpf:
Yvonne Ziel Traffic Consultants, Inc. was retained to prepare a trip generation analysis for a
proposed re-zoning for a 23.4 acre property located along the north side of Miner Road between
Lawrence Road and Congress Avenue.
Please find enclosed Tables 1 and 2, which provide the trip generation rates used and the trips
generated by the existing and proposed designations. Trip generation indicates that the proposed
project will generate 980 daily trips, 73 AM and 99 PM peak trips. Since the trips generated are
below 3,000 daily trips and 250 peak hour trips, according to the City of Boynton Beach
requirements, a full traffic report in not required, Please call me if you have any questions.
Sincerely,
ONSULTANTS, INC.
"
Yvonne Ziel, P,E,
President
Enclosure
Traffic Engineering and Planning
.0.-_.
!iCHNAR,'
ENGINEERING CORPORATION
Jeffrey T. Schnars. P. E.
President
James W. Mahannah, PE
Vice President
PROJECT:
OWNER:
ENGINEER:
DATE:
FOSTER PROPERTY
CONTINENTAL HOMES OF FLORIDA, INC
SCHNARS ENGINEERING CORP., PROJECT No. 97 I 37
NOVEMBER 3, 1997
DRAINAGE STATEMENT
This project is located within the South Florida Water Management District (SFWMD) C-16
Drainage Basin and the surface water management system will be under the jurisdiction of
SFWMD and Lake Worth Drainage District (LWDD). The project will discharge to the LWDD
L-20 canal adjacent to the south property line and the discharge will be limited by a control
structure to 62,6 CSM at the 25 year storm event. Water in the L-20 canal flows east to the
E-4 canal.
There is an existing LWDD control structure in the L-20 canal located approximately 120 feet
west of the east property line of the subject site, East of the control structure the design
water level is 8,5 feet NGVD and west of the control structure the design water level is 13,5
feet NGVD, This onsite lakes will be designed with a water level of 11,0 feet NGVD and the
outfall pipe will be connected to the E-20 canal east of the LWDD control structure.
The finished floor elevations will be above the calculated 100 year - 3 day, zero discharge
storm event at this time estimated to be approximately 16,0 feet NGVD. A berm will place
around the perimeter of the site with a top elevation equal or exceeding the calculated 25 year
- 3 day routed storm event to prevent unauthorized discharge from the site,
The water quality volume will be detained in the onsite lakes and will be allowed to bleed-down
at a rate of one-half inch per day,
The on-site drainage system will consists of a series of catch basins and pipe which will direct
runoff to the lake. The on-site system will be designed for a 3 year storm event,
SCHNARS ENGINEERING CORPORATION
(SEAL)
(For the Firm).
951 Broken Sound Parkway, Suite 108 . Boca Raton, FL 33487. Tel: (561) 241-6455. Fax: (561) 241-5182
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AGREF:MENT FOR PURCHASE AND SAT,F:
t
, ' THIS "AGREEMENT -Folr~ORCHASE .AND'-'-SALE (nA9~~e~ent")made ~~d. e'nterc:!
J.nto by and between ROLAND E. FOSTER and. LEILA MAY FOS'1;ER,his wife ("Seller")
,and CONTINENTAL, : HOMES , OF FLORIDA,. INC. , a Florida corporation' nnd/or assigns
("Purchaser"), as of the "Effective Date" ,(as hereinafter defin~d).
,~.W r'T N E' ~ S' ~T ,H:.
. ' WH~REAS" Seller represents' that Seller is the owner i.,n fee simple ,of
th<l:t certaJ.n ,parcel of real, property located in, the County of Palm Beach,
~ ~ate of ~lorJ.d~ ,(together,the"Land")~ which Seller repre~ents as consistin~
of approx1matelytwenty-three,andfour tenths (23.4) contiguous acres m6re or
17ss, as ~escribed on. F.xhibi t A hereto' and, her~~y 'made a" part' hereof, '.together
w7th all~mp~ovements thereon, all"easements, J.nterests, privileges ,and other
r:l:-ghts whJ.c~' are. appurtenant to the Land (all of the foregoing being hereafter
called "SubJect Property'!) iand ,,", " , ,," '
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,WHEREAS, ,Purchaser is desirous of purchasing the Subject Property and
Seller. is desirous of selling the Subject Property upon the terms and
con~iti9ns he~ein.a.~ter set f~rthi. '
NOW, THEREFORE" for', and in consideration of TEN DOLLARS, ($10) and
oth~r 'good ~nd valuable consideration, the receipt, sufficiency and adequ~cy
of whic~ is ,he.reby ac;::knowledged by each party '"hereto' from ,the ,other party
hereto" and, in ,consideration ,of the, mutual covenants, conditions and promises
'herein contain,ed,: the parties hereto,' intending to' be legal+y' bOUFld,' do hereby
agree ,as follows: ' "', . . . " " , ' "'I:'
i ~ :. Reci tals ~ , The foregoing' recitations are true and correct and are
. incorporated. herein by' ~efe'rence. ": " ':'.
. '"0
2... :, AQreem~nt: 'f'or ' Sale' and Purchase.' Seller agrees' to 'sell. to
Purchaser and Purchase~ agrees to purchase from' Seller the Subject Property,
. upon the terms andconditiops herein' set forth.., ,.;'
3. Purchase Price:
"
(al Subject 'to adjustments and prorations' as' set forth herein,: the
~Purchase Price" to be:~aid'by ,Purchaser to. Seller for'the Subject Property'
shall be .. " " .,.,."r
'("Purchase Price")'. . The Purchase Price.is ba'sed upon the assumfltion that ~be
Subject Property consists of~23.4contiguous "useable" acres, more or le~s.
As used herein the phrase' \\~seaple" acres means the' amount of acreage ' to 'be
conveyed toP~rchaser less such ,acreage as may not be utilized by Purchaser,
.'such as any ,land upon which there' exist roadway, canal, or other previously
dedicated. ea.sements,archeological" sites, 'environmentally sensitive lands"
etc.
(b) The Purchas~Price shall be' paid as follows:
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'(iL. ' pur~has'ers'hall/ within two' (2) , business' days. following
the 'Effective. Date,' deliver. to . .Ronald L., Platt,' ESQuire,' Escrow Account
("Escrow Agent")" the . sum of. _ ' " ,
("Initial Deposit");' at :the expiration of.. the Inspection Period (assuming
'Purchaser does not' elect to cancel this Agreement), Purchaser shall deliver an
. additional ' ("Second Deposit") to
Esc'row Agent (the-Initial Depos'it..'and' the.Second Deposit are herein together
. referred to as the "Deposi.t") ;' the sum repres~nted by the Deposit being. a part
of the ,Purchase Price. The' Deposit ,shall be, retained in' escrow by the E:>crow
,..... Agent pursuant to the"terms aI)d ,conditions 'of this Agreement. Purchaser'shall
be entitled to any interest;earned"pn the, Deposit except in-the ,event of a
. .default hereunder by Purchaserin'.wl)ich'even't Seller shall be .'entitled to'the
'Deposit"plus interest, "ttlereon'~" 'Once the' Second, Deposit is made, to Escrow
, Agent the Deposits shall be non-~efundable .except in the'event of.a default by
, Seller, . or failure, o'f title,: or' except as. set forth' in paragraphs 7 (a), (b),
(c), or (d) hereafter.: ."" ,': '.... ',',' . '
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. ',;', (2) The 'balance, ,of . the 'jurchase . Price shall, be payable a t the
"Closing"' (as hereinafter defined),'plbs.or minus adjustment. and prorations
as hereafter set forth; in wired funds" which said sum shall be a part of the
Purchase Price.' ." .' ,," ,'..... ",.' .
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4 .'~ Pror1'ltions and: Adji.lstri\f~nts' to Purch1'l~e Price' nnd 'Expenses.' The
parties aqree'-that, the' following' s.hall be the schedule of obligations with
resp~c~ to the"Closingexpenses.,hereunder, to wit:, "
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(a) Purchaser shall pay for the recordinn of the
warranty deed. ~ general statutory
,
hereinaft<:; d ~:ller shall pay for:" (1) the cost of the "Commitment" (as
e J.ned) and the title insurance policy to be issued pursuant
thereto (2) all transfer taxes, 'documentary stamps and surtaxes on the general
statutory warranty deed; and (3) the cost of correcting any title defects,
upon written notice of same.
",
(c) Real and personal property taxes shall be prorated based upon
the current year's tax based upon the gross amount thereof. If Closing occurs
at a date when the current year's taxes are not fixed and the current year's
assess~ent is ~vai~able, taxes will be prorated based upon such assessment and
the prJ.or ye?r s mJ.llage. If the current year's assessment is not available,
then taxes wJ.l~ be prorated on the prior year's taxes; provided, however, that
any tax proratJ.on~ based upon an estimate or upon the prior year's tax may, at
the reque~t of eJ.ther party to the transaction, be subsequently readjusted
upon rec~J.?t of the ,actual tax bill or bills covering the Subject Property.
The provJ.sJ.ons of thJ.s subparagraph shall survive Closing.
(d)'
Each party will pay for their respective attorney's fees.
, 5. Title and Survey. Purchaser's obligations hereunder are
~ontJ.ngent upon Purchaser receiving (within thirty (30) days of thQ Effective
41V" Date) at Seller's expense, a commitment ("Commitment") for t,he issuance of an
~.\ ALTA Form "B" Marketability Owner's Title Insurance Policy in the amount of
; the Purchase Price. from an agent selected by Seller who will utilize
',~ Atl:.oLfley's Title IRg,blJ:'3Ree Fl:lfla. as its underwriter ("Title Company") without
"'~~ ~ exception other than those matters specifically accepted by Purchaser in
~ wri~ing (which must be specifically accepted within twenty (20) days of
e~ receipt of the Commitment ("Title Examination Period"). The Commitment must
,~, , ~ be ,acc~mpanied by, "hard". ~opies'of all exceptions. If, prior to the
A ~~~~1 expJ.ratJ.on of the TJ.tle ExamJ.nation Period, Purchaser has not notified Seller
l'oZ!.C that any exception shown on the Commitment is not acceptable, such exception,
ft' '.-::: JtJ'O in fact, shall be acceptable to Purcnaser) along with the exception for real
., ,. t-" property' taxes for the year of closing and subsequent years (subj ect to
:!. .<'J") proration) (coll~ctively, the "Permitted Exceptions").' The title insurance
. policy shall be issued to Purchaser, at Closing, at Seller's expense, showing
1(/ only the Permitted Exceptions. Within the Title Examination Period, Purchaser
may cause a survey to be prepared of the Subject Property ("Survey") at
Purchaser's. sole expense. In the event Purchaser obtains a Survey, the title
insurance policy shall be issued without the standard printed exceptions anc
shall insure the "gap". In the event Seller is late in delivering' the
Commi tment to Purch'aser, the "Inspection Period" (as hereafter defined) and
the "Closing Date" (as hereinafter defined) shall"each be extended one day for
each day that the Commitment is late'in delivery.
:' .
.',! . 6. Insl.?ection Period. Purchaser shall have forty-five ,(45) days
from, the Effective Date ("Inspection Period") to conduct such investigations
and make such tests on and with respect to the Subject Property as Purchaser
shall desire to determine that ,Purchaser is satisfied with any and all matters
concC". "1ing the Subject Property, including, without limitation, the
avail~~ility of water and sewer, how "concurrency" effect~ the Subject
Propf\~'ty, drainage, a Phase I environmental study, the condition of the soil,
the ~arketability of the Subject Property and such other matters as Purchaser
deems appropriate. Purchaser shall, in connection with its inspections, use
. its best efforts t~ avoid disturbing any crops planted on the Subject
Property, Purchaser hereby indemnifies and holds Seller harmless against any
liability arising out of Purchaser's investigation of the Subject Property,
including but not limited to, attorneys' fees and costs incurred by Seller as
a result of Purchaser or by.purchasers' agents who will enter upon the Subject
Property. Other than the crops which Purchaser agrees to use its best efforts
,.' to avoid disturbing, Purchaser shall promptly restore the Subject Property to
its condition prior to the making of such tests and/or borings. . The
obligations of Purchaser under this paragr'aph shall survive the expiration
and/or termination of this Agreement and/or the Closing. Prior to entering
upon the Subject Property for pUI::poses of making such tests or borings,
Purchaser shall ~rovide Seller with evidence. of Purchaser's liability
insurance coverage.
,',
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If, on or before the expirati~n of the Inspection Period, Purchaser
has not notified Seller that Purchaser. is not satisfied with the Subject
Property, the right of termination pursuant to this Paragraph 6 shall be
deemed waived. If, on or before the expiration of the Inspection' Period,
Purchaser does notify Seller that Purchaser is not satisfied with the Subject
Property, which determination shall be made in Purchaser's sole and absolute
discretio.n,. . . this Agreement, shall be deemed canceled,' Purchaser shall
immediately receive the return of the-.lnitial Deposit and all parties hereto
shall be released and, relieved from any and all obligations hereunder. or
arising hereunder. If, on the. ,expiration of' the Inspection Period, Purchaser
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has n~t notified Seller of its desire to cancel this Agreement, the Second
Depos.l.t shall ther: be due and payable. .If Purchaser-termipates this Agreement
as set ~orth here~n, Purchaser agrees to provide Seller with copies of any and
all tests or stud.l.e~ performed by third parties which Purchaser has caused to
be performed relat.l.ng to ~he Subject Property, without representation or
warranty.' .
7. Contin~encie~. Unless waived in whole or in part in writing by
Purchaser, in Purchaser's sole discretion, but subject always to the
'provisions of this Agreement, . this Agreement and Purchaser's obligations
hereut;der are subj ect to and contingent upon each and all of the following
(here.l.nafter sometimes collectively referred to as the "Conditions Precedent"
and singularly as a "~ondition Precedent"):
(a) That, at the time of the Closing contemplated hereby, the
Subj ect Property will have final Palm Beach County Design Review Conunittee
(D.R.C.) site plan approval
(b)' That, at the time ,of closing, Miner Road shall have been
substantial.ly completed and accepted by Palm Beach County and is. open for
public use 'along the boundary of the Subject Property which is to abut Miner
Road.
(c) Tha~, at the time of Closing, there are no pending condemnation
or eminent domain proceedings which would affect the Subject Property.
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(d) Purcha~er shall be entitled to update it's previously performed
Phase ~ environmental study and s~all have it 'completed no later 'than ten (10)
days prior to clo~ing. If the updated Phase I environmental scudy concludes
that the Property contains una.cceptable levels of hazardous or'environmentally
unsafe' substances as those terms are normally defined then Seller shall have
the .option to remove said substances at Seller's expense and the closing shall
be .extended no more tha~ sixty (60) days, or Seller shall have the right to
terminate this Agreement and in that event Buyer shall receive a full refund
of-it's deposits in which case ~his transaction shall be null' and void.
(e) All'of the representations and warranties of Seller made herein
. shall be true and correct as of the date hereof and shall'be true and correct
as of the Closing and Seller shall have performed all of its obligations under
this Agreement.
Should this, Agreement be canceled by Purchaser due to the failure of any
Condition Precedent, notwithstanding any other provisions contained herein,
except in the event, of a default by Purchaser pursuant to the terms of this
Agreement, Escrow Agent shall ,forthwith return the Deposit to Purchaser and
thereupon all parties hereto shall be released and relieved from any and all
further'obligations hereunder or arising herefrom.
8. Representations and Warrant:i. es. As a material inducement to
Purchaser to enter into and execute this Agreement and to close the
transaction contemplated. hereby and to pay the Purchase Price therefor,
Seller, in addition to any other warranties or representations contained
herein, represents and warrants t~,Purchaser as follows:
(a) Seller is the sole owner of good, marketable and insurable
title to the Subject Property in fee simple and subject only to the Permitted
Exceptions. The Subiect Property corisists ~f one (1) contiguous parcel. The
Subject Property shall include any prior or currentright-of~way adjacent to
any of the Tracts which comprise the Subject Property.
(b) To. the best of Seller' s knowledge~ there are no natural or
artificial conditions upon or below the Subject Property (including, without
limitation, hazardous or toxic. materials and/or substance or gas. and/or
,.. "petroleum tanks and/or by-products) which would significantly impair the value
of the Subject Property or prevent, impede,- limit or render more costly the
development of the Subject Property for the. Contemplated Use.
"
(c) The (Subject Property is not the ,subject of a 'right of first
refusal or option to purchase in any third par~y, and there are no recorded or
unrccCJrdi.;d agreements, restrictions, leases, tenancies or, other. possessory
rights or. any other matters affecting the Subject Property (other than the
Permitted Exceptions) that willexist,'.at Closing other than the Permitted
Exceptions. Seller shall not enter into'any agreement affecting the Subject
.Property from and after the Effective. Date through the Closing Date.
~.
(d) As of the Closing Date, there shall be no unpaid bills for
labor performed o~ materials supplied incident to the Subject Property.
(e) There is no pe,nding litigation, inv~stigation or clai... which
affects or, which 'might affect the Subject Property and to the best of Seller's
t:,jo
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knowledge, th,ere' is no threatened lltigation, investigation or claim which
affects or wh~ch might affect the Subject Property. t
, (f) Seller has the full. right, power and authority to consummate
th~s ~gre~ment, and does not need any further consent, joinder or other
author~zat~on~rom ~ny.g~vernmental or quasi-governmental entity, corporation,
partners~ip, f~rm, 1nd~v1du~1 or other entity to execute, deliver and perform
its ob~~gations. under thu. Agreement and the instruments executed in
~onnect10n herewith.. The party executing,this Agreement on behalf of Seller
~s duly a~thoriz~d to execute this Agreemez:lt and bind Seller. .At Closing,
S711er shall del~ver certified copies of any document which Purchaser or the
T~tle Company reasonably requests evidencing the same.
, (g) N~ither the entering into' this Agreement nor the Closing will
const1tute, a v101ation or breach by Seller of any contract, agreement
und7rstand1ng or ~nstru~ent to which it is a party' or by which Seller or th~
SubJect Pr~perty ~s 7ub)ect ~r bound; of any judgment, order, writ, injunction
or decree ~7'sued aga1nst or ~mposed upon them; or will result in the violation
of any appl~cable law, order, rule or regulation of any governmental or quasi-
govcrnmenta~ authority. ' '.
. (h) To .the best of Seller's knowledge, there are no pending special
assessments again~t the Subject Property for roads, schools or other ser~' "
: '.
9. Covenant~ of Seller. Seller covenants and agrees as follows:
. (a) . Purs'uant to the' terms and conditions. set forth in Paragraph 6
herein, Seller hereby grants 'to Purchaser and Purchaser's agents, employees,
servants ~nd contractors the right to reasonably go upon the Subject Property
during the term of ~his Agreement and'make such tests and investigations and
do such things, including, but not limited to, surveying of the Subject
Property as Purchas~r shall. de~mnecessary or appropriate, including, but not
limited to, tests and investigations necessary for Purchaser to determine the
existence of any conditions herei,n represented to exist ,or wi'th 'respect to
which th~s Agreement is contingent and those tests and investigations that may
be n~cessary for Purchaser to determine that Purchaser can utilize the Subject
Property for. the Contemplated Use. . Seller acknowledges and agrees that
Purchaser's investigation of the Subject Property is solely fQr Purchaser's
benefit and'shall not limit or reduce the representations and warranties made
by Seller hereunder.
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(b) Immediately after, executing this Agreement, Seller will
furnish, or cause to be furnished, to. Purchaser any documents and other
. information with respect to' the. Subject Property it has in its possession,
including, but not IJ..mited to; all permits, licenses, surveys, soil tests,
engineering reports, plans and specifications and other documents which Seller
has pertaining to the Subject Property. ("Documents").
"
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(c) If Seller receives any notice, or otherwise acquires knowledge,
of the commencement of any legal action or nqtice from any governmental
authority affecting the Subject Property, or the transaction contemplated by
this Agreement, Seller agrees to immediately provide written notice of same to
Purchaser. Other than any and ,all matters relative to the "green belt"
exe'mption for real estate taxes, Seller shall not seek any. change in any
'governmental approvals for the Subject PFoperty without the prior written
consent of Purchaser in each instance.
(d) S~ller agrees t~ execute, forthwith upon reasonable request of
Purchaser, but in no event longer. than five (5) days of Seller's receipt of
such request, (i) all pertinent. and necessary petitions, ,applications,
agreements, development. orders, consents and other instruments as P1.:rc-r.C\ser
may request so as to permit the Approvals to be obtained prior to the Closing
..,' contemplated hereby without delay to Purchaser, (ii) all pertinent and
necessary applications and petitions for a la.nd use change with respect to the
Subject Property as Purchaser may request but it is. acknowledged that Closing
is not contingent upon Purchaser obtaining 'a land use change and Purchaser
shall not be entitled to any time extension to obtain a land use' change and
(iii) all pertinent' and necessary. petitions, , '~pp1ications, agreements,
consents and other instruments as Purchaser may request so as to cause the
Subj ect Property to', be annexed into the City' of Boynton Beach. Seller
covenants to cause the joinder of any m~rtgagee ,(alt?ough this .reference sh~ll
not be ,deemed to mean that. any such mortgage ~s, a ,Perm1tted Except10n
hereunde'rJ in any such petitions 'and applications.' In the event any such
five-day period ends on a Saturday, "Sllnday or natural holiday, such time
period shall be ,extended and will then expire on the next business day. In
the event Seller delays beyond the aforementioned five (5) days after Seller's
receipt of .any such' request,', Purchaser shall have the rig.ht to either cause
the Closing to .be extended 'one day for each day Seller is late in delivering
its execution 'as., to any' such' ,request, or to terminate, this Agreement and
receive a return~ of the Deposit~,'" Seller shall not be responsible for any
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costs incurred by Purchaser or contracted for by Purchaser in connection with
any such ,applications, petitions, etc. ' r
.10. Document~ ~ob~ Delivered At Clmdnq. At Closing, Seller shall
deliver to Purchaser~ ~nadd~tion to. any other documents referred to herein,
the following,:
(a) General Statuto~y Warranty Deed, in recordable form conveying
to Purchaser .good, marketable and insurable fee simple title to ~he Subject
Property, subJect only to the Permitted Exceptions.
(b). 'Appropriate affidavits, and other ,doc~m~nts .necessary to permit
Purchaser to obtain title insurance without reference to the "gap exception-,
the printed standard title insurancee~ceptions;and all other Schedule B _
Section 1 requirements for Closing. ' .
(c) Any,otheraffidavitsi documents' or other information as may be
requested by the Title Company. '
(d)j An assignment of' all permits, licenses, governmental letters
and documents and any other appurtenances to the Subject Property.
(e) An 'affidavit related to Seller's status as a "foreign person"
as defined in Sectiop.7701 of the Internal Revenue Code, as amended.
11.
Closing. :
The closing of title' hereunder ("Closing"),. unless otherwise
extended, .shall take plac'e at the offices of Ronald L. Platt, Esquire ("Escrow
Agent'), commencing at' 10:00 a.m. . on a date ("Closing Date") no later than
fifteen (15) days afte~ Buyer has obtained D.R.C. final site plan approval,
provided that ~ll of,theCondition~Precedent have been satisfied; provided,
however, that the 'Closing 'Date may. not be .later than May 30, 1998.
12. Default:.
, (a) If Purchaser, shall default in the payment of the Purchase Price
or otherwise, default in any of the terms, covenants and conditions of this
Agreement on, the part of Purchaser to be performed, Seller s'hall retain the
Deposit. with interest thereon (if. any) as. full and agreed upon liquidated
damages in full settlement of any and all claims against Purchaser for damuges
or otherwise and Purchaser shall have no other or further liability hereunder.
The parties acknowl~dge that this 'provision for liquidated damages is a fair
and reasonable measure, of the d~mages to be suffered by Seller in the event of
Purchaser's defa~lt because the exact amount of damages is incapable of
ascertainment. Notwithstanding any provision of this Agreement to the
contrary, other than Purchaser's failure to close on the Closing Date,
Purchaser shall not be in d~fault hereunder unless Seller shall hav~ provided
written notice of the alleged default and Purchaser shall have failed within a
period dE ten (10) days after receipt of such notice td take action to cure
same within a reasonable period of time not to exceed ten (10) days..
. (b) If on' or before the Closing (i) Seller is unable to deliver
good, marketable and insurable title to the Subject Property subject only to
the Permitted Exceptions, or. (ii)S'eller shall have failed to comply with any
other 'material term,. covenant,' provision or condition of this Agreement, or
(iii) any of the repr~sentations and warranties made by Seller herein shall be
inaccurate, Purchaser shall have the right:
(1) to cancel th1s Agreement by g~v1ng notice to Seller and
this Agreement shall be deemed to be terminated as of the date of such notice,
in which event Purchaser. shall be' entitled to an 'immediate refund o.f the
Deposit plus interest thereon; or
(2) to, take title.. subject to the defect,
objection,' inaccuracy or failure .... .'.
exception,
In addition, in the' event:.', Se'ller' refuses .to close, Purchaser, shall
have the right' of specific 'performance' as against Se'ller. Notwithstanding
anything to the contrary. herein c(;mt~ined, in the event Seller wrongfully
conveys the' Subject. Propertytoanothar party, as determined by a court of
competent juriSdiction,' Purchaser ~hall h~ve the right to ~ecover damages fr~m
Seller .arising asa result of such specific breach by Seller, which a~ount of
damages must also be. determined by a court of. competent jurisdiction.
, '
'Without'.limitin~, Purchas~r'i rights contained in this Paragraph, in
case of a lien or encumbranc~,onthe Subject Property which can be removed at
the time of Closing by payrn~nt of a liquidated amount, Seller'covenants and
agrees to. remove such lien or... encumbrance at Closing so that the Subject
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Property can be conveyed to Purchaser free of same
encumbrance has been caused by Purchaser. M' ESBX'i',: '''''9,"uL.
unless the' loan or
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13. N~t oj ces. Unless otherwise specifically provided herein, all'
noti~es to be g~v~n hereund~r ,shall ~e in writing and sent to the parties as
. here~~after prov~ded, ~ert~f~ed ma~~, return, receipt requested, postage
prcpa~d, or by other nat~onally recogn~zed overn1ght courier service. Unless
otherwise specifically provided herein, said notices shall be effective on the
third (3rd) day following such notice being deposited' in the United States
mails or one (1) business day following mailing by overnight expres~ malT. '
. .
. ,
Notices as' to Seller shall be sent to' Roland E. Foster, 3890
Road, Lantana, Florida, 33462; and a copy to Ronald L. Platt,
Independence Ti tle Insurance Company, 170 N. W. Spanish River Blvd. ,
Raton, Florida, 33431. '
Ocala
Esq. ,
Boca
Notices as to Purchaser shall be 'sent to Continental' Homes of
Florida, Inc., 8000 Governor's, Square Boulevard, Suite 101, Miami' Lakes,
Florida 33016, Attn: John Patrick Moroney, President, a copy to Juan
ROdriguez,'Ssq., c/o' Solomon, Kanner, Damian & Rodriguez, P.A., 80 S. Vi. 8th
Street, Suite 2550, Miami, Florida 33130.
Notices 't,o Escrow Agent shall be sent to: Ronald L. Platt, Esquire,
170 N.W. Spanish River Boulevard, Boca Raton, Florida, 33431.
The place to which any party hereto is entitled to receive any notice may,be
changed by such party by giving' notice thereof in accordance with the
foregoing provision. 'The attorneys for Seller and Purchaser are authorized to
send notices and demand~ on behalf of. their respective cli~nts ,hereunder.
14 . Broker. . Each p.:lrty hereto represents and warrants unto the
other party hereto that other than Steven Elias & Associates ("Broker"),' whose
commission shall be payable by Seller at Closing in the sum of Fifty Thousand
Dollars ($50,000'.00) pursuant to a separate agreement between Seller and
Broker, there are, no real estate brokers, agents or finders involved with
respect to this, transaction and that there are no, brokerage fees, finders I
fees or brokers I commissions due ,as a result of their respective negotiation
and/or execution of this Agreement or which will be due as a result of the
Closing as contemplated hereby by virtue of their respective acts, inactions,
conduct or otherwise. Each party hereto does hereby agree to indemnify and
hold the other harmless from any breach of their respective representations
and warranties as set forth in this paragraph, including, but not limited to,
attorney's fees and ,court costs through all trial, appellate and post judgment
proceedings. The provisions qf this Paragraph shall survive the Closing.
15. Escrow AQent. Escrow Agent shall hold in escrow any monies and
dqcuments which are delivered to ,Escrow Agent to hold in escrow as required by
this Agreement and the provisions of the Escrow Agreement attached 'hereto as
Exhibit B,' the pr,ovisionsofwhich' are incorporated herein by reference.
Escrow Agent is authorized and directed to place .the Deposit in a money-
market, interest bearing ~scrow ~ccount with any federally insured financial
institution without being accountable for the yield on such escrow account.
The par~ies recogniie that the Dep6sit must be placed in an interest bearing
escrow account no later than three (3) business days from the date such
Deposit and an executed IRS Form ,W-9 is delivered to Escrow Agent. Escrow
Agent is hereby authorized to represent Seller and/or itself with respect to
this transaction (and in any litigation relating thereto) and; in this regard,
the parties shall. not and are, hereby estopped from. objecting to such
representation.
16. Miscellaneous:,
(a) Govern:inQ Law: Venne. . This instrument shall be, governed by and
enforced and construed under the laws of the State of Florida. Venue for all
actions shall be in ,the county where the Subject Property is located.
(b) Effecti ve Date. . The, "Effective Date" shall be the date on
which Purchaser receives a fully executed copy of this Agreement.
(c) Bind; nQ Aqreement. '; This Agreement shall inure to the benefit
of and shall .be binding upon .the par~~es here,to and their respective heirs,
legal representatives, successors and/or assigns.
(d). Amendments. This Agreement may be canceled or amended 'only by
a written instrument exec~te~~,'~o~p.fr~~Pua(;l{~(t. Sfllt!'/" .
(e) ,Ass; Qnment. .Neithe.l' ri~;1u~..;1i U (~ 'have the' .right to assign' all
or any part of its right, title. and interest in and to the Subject Property or
this Agreement w~thout prior writt~n consent of the other party) {JfUvWl:() ~Ji1=-I)""",=
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(f) RiQht to Improvements. Seller shall have the right but not the
obligation to remove any and all improvements to the Subject Property at any
time prior to Closing.
(g), En~ire AQr~~merit: This Agreemerit 'contains the entire agreement
be~ween the part~es relat~ng to the transaction contemplated hereby, and all
pr~or or contemporaneous agreements, understandings, representations and
statements, oral or wri,tten, are, merged herein.
(h) Tlme of the Essence. Time i~ of the essence with regard to
this Agreement.'
(i) Attorneys Fees. In connection with any litigation arising out
of this Agreement, the prevailing par~y shall, if successful, be entitled to
recover all costs incurred, including reasonable attorneys' fees, through and
including all appellate levels from the non. prevailing party. The provisions
of this paragraph shall survive the Closing. '
. (j) Captions. Captions and paragraph headings are included in this
Agreementf'Pr convenience of, reference only and shall not be used in the
interpretation of this Agreement.
(k) Memorandum~ Seller shall. execute simultaneously with this
Agreement, and Purchaser shall have the right to record, a Memorandum of
Agreement, but not. a copy of this Agreement, as to Purchaser's right to
purchase the Subject Property; provided, however, Purchaser shall also execute
and . deliver to Escrow Agent a Termination of Memorandum of Agreement with
respect' thereto. Th~ recording of the Memorandum of Agreement does not create
a lien against the real property described on Exhibit A but shall place of
record . notice of Seller's agreement to sell and' Purchaser's agreement to
purchast:: the Subj ect Property. Escrow Agent" sha;t.l hold in escrow and not
record the Termination unless and until Seller has delivered to Escrow Agent
an affidavit, stating that Purcha~er is' in default under this Agreement and
Escrow Agent has hand delivered to Purchas~r notice of receipt of such
affidavit seven days prior to recording the Termination. The' forms of
Memorandum of Agreement and Termination of Memorandum of Agreement are
attached hereto as Exhibits C and D, respectively.' Escrow Agent is hereby
authorized to fill in the recording information of the Memorandum. on the
Termination.
(l) Time'is of the essence. with respect to the parties' obligations
under this Agreement to comply with any, time ,frames set forth herein and to
timely consummate th~ cl~sing in accor~ance with the terms hereof. .
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals the dates set after their respective signatures.
Signed, sealed, and delivered
in the presence of:
PURCHASER:
CONTINENTAL HOMES OF FLORIDA, INC.
.BY .~ f~~~
,'John Patrick Moroney, President
Date: ,Ill ~ L.' ,,1997
::LLER: ~ t: ~
R01'~ ~~3 ..
,Date: _ ~ I 1997
.BY 'I?(~C.' -~ ' .
~:~;~ .May'Foster ~;z~~;r 1997
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JOINED '.tN BY ESCROW ,AGENT TO, ACKNOWLEDGE ITS
AGREEMENT TO SERVE AS ESCROW AGENT PURSUANT
TO THE FOREGOING AGREEMENT
RONAL~L~ ~i <"
By:' ,~,
.Ronald L. Platt,' Es"quire
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sitUated in the countY of pa~ neach. state of Florida:
h 1/4 of the East 3/4 of the Northeast 1/4
TM west. Z/3 of tM ~~t west 2/3. of East 3/4 of southeast 1/4
the south"est 1/4. TO"nshiP 4S south. Range 43 East.
south"est 1/4 of sect,on 1,
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This Instrument Ie Prepared By:
Juan E. Rodriguez, Esquire
SALOMON, KANNER, DAMIAN & RODRIGUEZ, P.A.
80 S.W. 8th Street
Suite 2550
Miami, Florida 33130
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DECLARATION OF COVENANTS, RESTRICTIONS,
CONDITIONS AND EASEMENTS
OF
SUMMERS MILL
This Declaration of Covenants, Restrictions, Conditions and
Easements is made by Continental Homes of Florida, Inc., a Florida
corporation, hereinafter referred to as the "Declarant", whose
mailing address is 8000 Governors Square Boulevard, Suite 101,
Miami Lakes, Florida 33016.
WITNESSETH:
Declarant is the owner in fee simple of the property (the
"Property") described in Exhibit "A" attached hereto and made a
part hereof; and
Declarant may, but shall not be required to, construct homes
upon the property described in Exhibit "A", provided that in any
event such construction will be subject to the covenants,
conditions, restrictions, reservations, easements, liens and
charges hereinafter set forth.
Now, Therefore, Declarant hereby declares that the property
described in Exhibit "A" shall be held, sold, conveyed, leased,
mortgaged and otherwise dealt with subj ect to the protective
covenants, conditions, restrictions, reservations, easements, liens
and charges as hereinafter set forth, all of which are for the
purpose of enhancing and protecting the value, desirability and
plan of development for the same. Said covenants, conditions,
restrictions, reservations, easements, liens and charges shall run
wi th the real property described in Exhibit "A", and shall be
binding upon all parties having and/or acquiring any right, title
or interest in said property or any portion thereof, and shall
inure to the benefit of each and every person or party, from time
to time, owning or holding an interest in said property.
ARTICLE I
DEFINITIONS
The following words and terms when used in this Declaration or
any supplemental declaration hereto or any amendment thereto
(unless the context shall clearly indicate otherwise) shall have
the following meanings:
Section 1. "Articles" mean and refer to the Articles of
Incorporation of Summers Mill Homeowners' Association, Inc., a not-
for-profit Florida corporation, and all exhibits which are attached
thereto and made a part thereof, and shall include such amendments,
if any, as may be adopted from time to time pursuant to the terms
thereof. The Articles are attached hereto and made a part hereof as
Exhibit "B".
I
Section 2. "By-Laws" mean the By-Laws of Summers Mill
Homeowners' Association, Inc., and all exhibits attached thereto
and made a part thereof, and shall include such amendments, if any,
as may be adopted from time to time pursuant to the terms thereof.
The By-Laws are attached hereto and made a part hereof as Exhibit
"C".
Section 3. "Common Area" is the property more particularly
described in Exhibit "A-1" attached hereto and made a part hereof.
Section 4. "Corporation" means
Association, Inc., a not-for-profit
successors and assigns.
Summers
Florida
Mill Homeowners'
corporation, its
Section 5. "Declarant II is Continental Homes of Florida,
Inc., a Florida corporation, or any successor of Declarant who may
be assigned all or a part of the rights of Declarant pursuant to a
written assignment executed by the then present Declarant and
recorded among the Public Records of Palm Beach County, Florida.
If Declarant assigns only a portion of its rights as Declarant
hereunder to an assignee, then the term Declarant as used in this
Declaration shall mean such assignee only when necessary to give
such assignee the right of Declarant hereunder which were assigned
to such assignee to the same extent as if such assignee had been
the original Declarant, and said assignee shall not have any of the
rights of Declarant, hereunder which were not specifically assigned
to such assignee.
Section 6. "Declaration" means this instrument, together
with the Exhibits attached hereto and made a part hereof, and shall
include such amendments, if any, as may be adopted from time to
time pursuant to the terms hereof. This Declaration may be referred
to in any other document as "Declaration of Covenants,
Restrictions, Conditions and Easements of Summers Mill".
Section 7. "Development Period" means the period of time
until the Declarant has sold the last Home to outside purchasers.
Section 8.
upon a Lot.
"Home" is a single family dwelling constructed
Section 9. "Insti tutional First Mort9aQe" is a mortgage
executed in favor of an Institutional First Mortgagee, which
mortgage is a first and prior mortgage encumbering a Home.
Section 10. "Insti tutional First Mort9a<;1ee" is a bank,
savings and loan association, any insurance company, pension fund,
real estate trust, Federal National Mortgage Association or its
assigns, Federal Home Loan Mortgage Company or its assigns, or any
other party engaged in the business of mortgage financing, which
owns or holds a first and prior mortgage encumbering a Home, and
shall include any corporate subsidiary of such entity.
Section 11. "Lot" is a designated lot within the property
described on Exhibit "A" conveyed or to be conveyed to an Owner
upon which there has been constructed or will be constructed a
Home.
Section 12. "Member" is every person or entity who is a
Member in the Corporation.
Section 13. "Owner" is the record owner, whether one or more
persons or entities, of the fee simple title to any Lot which is a
part of the Property, including contract sellers, but excluding
those parties having such interest merely as security for the
2
EXHIBIT "A-l"
~CTS A, B, e' D, E, F, G, H, I, J, K,
L, ~N, ' of SUMMERS MILL, A P. u.n.,
according to fhe Plat thereof recorded in
Plat Book , Page of the Public
Records of Palm Beach County, Florida.
~ ~~.fG l V u W '-- ~ '- ~ ~ 1:: \Sr"",- J JIS" \)
-z:::- ("'~ w IV\. ~ \)~ "- -A-\~\: ~ l &~I... - ~\L..$. (S UO
Loe- t\-) WCl~I\r-I RAT'. G:-'
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Thi8 In8trument 18 Prepared By:
Juan E. Rodriguez, Esquire
SALOMON, KANNER, DAMIAN & RODRIGUEZ, P.A.
80 S.W. 8th Street
Suite 2550
Miami, Florida 33130
DECLARATION OF COVENANTS, RESTRICTIONS,
CONDITIONS AND EASEMENTS
OF
SUMMERS MILL
This Declaration of Covenants, Restrictions, Conditions and
Easements is made by Continental Homes of Florida, Inc., a Florida
corporation, hereinafter referred to as the "Declarant", whose
mailing address is 8000 Governors Square Boulevard, Suite 101,
Miami Lakes, Florida 33016.
WITNESSETH:
Declarant is the owner in fee simple of the property (the
"Property") described in Exhibit "A" attached hereto and made a
part hereof; and
Declarant may, but shall not be required to, construct homes
upon the property described in Exhibit "A", provided that in any
event such construction will be subject to the covenants,
conditions, restrictions, reservations, easements, liens and
charges hereinafter set forth.
Now, Therefore, Declarant hereby declares that the property
described in Exhibit "A" shall be held, sold, conveyed, leased,
mortgaged and otherwise dealt with subj ect to. the protective
covenants, conditions, restrictions, reservations, easements, liens
and charges as hereinafter set forth, all of which are for the
purpose of enhancing and protecting the value, desirability and
plan of development for the same. Said covenants, conditions,
restrictions, reservations, easements, liens and charges shall run
wi th the real property described in Exhibit "A", and shall be
binding upon all parties having and/or acquiring any right, title
or interest in said property or any portion thereof, and shall
inure to the benefit of each and every person or party, from time
to time, owning or holding an interest in said property.
ARTICLE I
DEFINITIONS
The following words and terms when used in this Declaration or
any supplemental declaration hereto or any amendment thereto
(unless the context shall clearly indicate otherwise) shall have
the following meanings:
Section 1. "Articles" mean and refer to the Articles of
Incorporation of Summers Mill Homeowners' Association, Inc., a not-
for-profit Florida corporation, and all exhibits which are attached
thereto and made a part thereof, and shall include such amendments,
if any, as may be adopted from time to time pursuant to the terms
thereof. The Articles are attached hereto and made a part hereof as
Exhibit "B".
Section 2. "By-Laws" mean the By-Laws of Summers Mill
Homeowners' Association, Inc., and all exhibits attached thereto
and made a part thereof, and shall include such amendments, if any,
as may be adopted from time to time pursuant to the terms thereof.
The By-Laws are attached hereto and made a part hereof as Exhibit
"C".
Section 3. "Common Area" is the property more particularly
described in Exhibit "A-I" attached hereto and made a part hereof.
Section 4. "Corporation" means
Association, Inc., a not-for-profit
successors and assigns.
Summers
Florida
Mill Homeowners'
corporation, its
Section 5. "Declarant" is Continental Homes of Florida,
Inc., a Florida corporation, or any successor of Declarant who may
be assigned all or a part of the rights of Declarant pursuant to a
written assignment executed by the then present Declarant and
recorded among the Public Records of Palm Beach County, Florida.
If Declarant assigns only a portion of its rights as Declarant
hereunder to an assignee, then the term Declarant as used in this
Declaration shall mean such assignee only when necessary to give
such assignee the right of Declarant hereunder which were assigned
to such assignee to the same extent as if such assignee had been
the original Declarant, and said assignee shall not have any of the
rights of Declarant hereunder which were not specifically assigned
to such assignee.
Section 6. "Declaration" means this instrument, together
with the Exhibits attached hereto and made a part hereof, and shall
include such amendments, if any, as may be adopted from time to
time pursuant to the terms hereof. This Declaration may be referred
to in any other document as "Declaration of Covenants,
Restrictions, Conditions and Easements of Summers Mill".
Section 7. "Development Period" means the period of time
until the Declarant has sold the last Home to outside purchasers.
Section 8.
upon a Lot.
"Home" is a single family dwelling constructed
Section 9. "Institutional First Mortgage" is a mortgage
executed in favor of an Institutional First Mortgagee, which
mortgage is a first and prior mortgage encumbering a Home.
Section 10. "Institutional First Mortgagee" is a bank,
savings and loan association, any insurance company, pension fund,
real estate trust, Federal National Mortgage Association or its
assigns, Federal Home Loan Mortgage Company or its assigns, or any
other party engaged in the business of mortgage financing, which
owns or holds a first and prior mortgage encumbering a Home, and
shall include any corporate subsidiary of such entity.
Section 11. "Lot" is a designated lot wi thin the property
described on Exhibit "A" conveyed or to be conveyed to an Owner
upon which there has been constructed or will be constructed a
Home.
Section 12. "Member" is every person or entity who is a
Member in the Corporation.
Section 13. "Owner" is the record owner, whether one or more
persons or entities, of the fee simple title to any Lot which is a
part of the Property, including contract sellers, but excluding
those parties having such interest merely as security for the
2
performance of any obligation.
"A".
Section 14. "Property" is the property described in Exhibit
The foregoing definitions shall be applicable to this
Declaration and to any supplemental declaration hereto or any
amendment to this Declaration, unless otherwise expressly provided
herein or therein.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
Section 1. LeQal Description. The real property which is and
shall be held, transferred, sold, conveyed and occupied subject to
this Declaration is located in Palm Beach County, Florida, and is
more particularly described on the attached Exhibit "A".
Section 2. Application of Declaration. The Property shall be
held, transferred, sold, conveyed and occupied subject to the terms
and conditions of this Declaration and any and all supplements and
lawful amendments hereto. The filing of this Declaration and
subjecting the Property to the covenants, conditions, restrictions,
reservations, easements, liens and charges contained herein shall
not be construed in any way as inhibiting or prohibiting the
Declarant from conveying the Lots or improvements wi thin the
Property to third parties free and clear of any covenants,
conditions, restrictions, reservations, easements, liens and
charges, except for those specifically provided for in this
Declaration. Lots so conveyed by the Declarant to third parties
shall be used and held by said third parties in accordance with
this Declaration.
ARTICLE III
MEMBERSHIP
Section 1. Membership. Every person or entity who is a record
Owner of a fee or undivided fee interest in any Lot which is
subject to the covenants, conditions, restrictions, reservations,
easements, liens and charges, of this Declaration, including
contract sellers, shall be a Member of the Corporation. The
foregoing is not intended to include persons or entities who hold
an interest merely as security for the performance of an
obligation. No Owner shall have more than one membership for each
Lot owned. Membership shall be appurtenant to a Lot and may not be
separated from ownership of the Lot. Ownership of a Lot shall be
the sole qualification for membership. The Owner of record of each
Lot shall be subject to assessment by the Corporation and shall be
subject to enforcement by the Corporation in accordance with the
terms and provisions of this Declaration.
ARTICLE IV
VOTING RIGHTS
The Association shall have two (2) classes of voting
membership:
Class A. Class A Members shall be those Owners defined in
Article III with the exception of the Declarant. Class A Members
shall be entitled to one (1) vote for each Lot in which they hold
3
the interest required for membership by Article III. When more
than one (1) person or entity holds such interest in any Lot, all
such persons shall be Members. The vote for such Lot shall be
exercised as they among themselves determine, but in no event shall
more than one (1) vote be cast with respect to any Lot.
Class B. The Class B Member shall be the Declarant, its
successors and assigns. The Class B member shall be entitled to
three (3) votes for each Lot in which it holds the interest
required for membership by Article III, provided that the Class B
membership shall cease and be converted to Class A membership on
the happening of any of the following events, whichever occurs
earlier:
(a) when the total votes outstanding in the Class A
membership equal the total votes outstanding in the Class
B membership; or
(b) on December 31, ; or
(c) Thirty (30) days after Declarant elects to terminate the
Class B Membership.
ARTICLE V
PROPERTY RIGHTS
Section 1. Membership Easements of Enjoyment. Every Member
shall have a right and easement of enjoyment in and to the Common
Area, and such easement shall be appurtenant to and shall pass with
the title to every Lot, subject to the following provisions:
(a) The right of the Corporation in accordance with its
Articles of Incorporation and By-Laws to borrow money for
the purpose of improving the Common Area, and in aid
thereof to mortgage the Common Area and the rights of
such mortgagee in the Common Area shall be subordinate to
the rights of the Owners hereunder; the right to mortgage
the Common Area provided herein shall not become
effective until a Home has been constructed upon each Lot
within the Property and each Lot has been conveyed by the
Declarant to a purchaser;
(b) The right of the Corporation to dedicate or transfer all
or any part of Common Area to any public agency,
authority, utility or local government for such
purposes, and subject to such conditions as may be agreed
to by the Members provided the dedication or transfer of
such Common Area to any public agency, authority, utility
or local government shall be formally accepted by the
governing body of the public agency, authority, utility
or local government. A public agency, authority, utility
or local government is under no obligation or duty to
accept a dedication or transfer of Common Area. No such
dedication or transfer shall be effective unless an
instrument signed by Members entitled to cast two-thirds
(2/3rds) of the votes of the Class A membership and two-
thirds (2/3rds) of the votes of the Class B membership,
if any, has been recorded, agreeing to such dedication or
transfer, and unless written notice of the proposed
action is sent to every Member not less than thirty (30)
days nor more than sixty (60) days in advance of the duly
4
called meeting at which the vote on such dedication or
transfer is held;
(c) The right of the Declarant or the Corporation to
establish, from time to time, certain easements over the
Cornmon Area for utilities and cornmon services purposes;
(d) Existing easements and agreements of record; and
(e) Easements referred to in Article X hereof.
Section 2. Title To Cornmon Area. The Declarant hereby
represents that the fee simple title to the Cornmon Area will be
conveyed by the Declarant to the Corporation free and clear of all
encumbrances and liens prior to the conveyance of the first Lot to
a third party.
Section 3. Declarant's Reserved RiQhts. Notwithstanding any
provision herein to the contrary, the property rights under this
Article V shall be subject to:
(a) The right of the Declarant to execute all documents and
take such actions and do such acts affecting the Property
which, in the Declarant's sole discretion, are desirable
or necessary to facilitate the Declarant's actual
construction or development of the Property. However,
nothing contained herein shall authorize the Declarant to
take any action that will diminish the rights of any
lienholder or the holder of any mortgage on any Lot or on
the Cornmon Area; or take any action that will affect
ti tIe to any of the Lots after conveyance to third
parties;
(b) Easements of records on the date hereof and any easements
which may hereafter be granted by Declarant to any public
or private utili ties or governmental bodies for the
installation and maintenance of cable television,
electrical and telephone conduit and lines, sewers or
water pipes, or any other utilities or'services to any
Lots within the Property or any portion of Cornmon Area or
such easements as Declarant may determine are necessary
or beneficial for the maintenance or pr~servation of the
Property;
(c) The Declarant shall have full rights of ingress and
egress to and through, and over and about the Property,
including the Cornmon Area, during the Development Period
and such additional period of time as the Declarant is
engaged in any construction or improvement work on or
within the Property, and Declarant shall further have an
easement thereon for the purpose of storage of materials,
vehicles, tools, equipment, etc., which are being
utilized in such development or construction and for the
use and maintenance of signs, banners, and the like being
used in connection with the sale or promotion of the
Property, or any portion thereof. No Owner, his guests,
employees, servants, agents and invitees shall in any way
interfere or hamper Declarant, its agents, servants,
employees, invitees, successors or assigns, in connection
with such construction, development, promotion or sales
activity; and
(d) The Declarant shall have full right to assign any or all
of its right, title and interest in the Property, both as
Declarant and as a Member of the Corporation, to another
5
party by the execution and recording of a proper
instrument in the Public Records of Palm Beach County,
Florida.
Section 4. No Dedication to Public Use. Nothing contained in
this Declaration shall be construed or be deemed to constitute a
dedication, express or implied, of any part of the Common Area to
or for any public use or purpose whatsoever.
Section 5. Incorporation of Easements by Reference. Reference
in the respective deeds of conveyance, or any mortgage or trust
deeds or other evidence of obligation, to the easements and
covenants herein described shall be sufficient to create and
reserve such easements and covenants to the respective grantees,
mortgagees or trustees of said parcels as fully and completely as
though said easements and covenants were fully recited and set
forth in their entirety in such documents.
ARTICLE VI
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of
Assessments to be Paid to the Corporation. The Declarant, for each
Lot owned by it within the Property, hereby covenants, and each
Owner of any Lot by acceptance of a deed therefor, whether or not
it shall be so expressed in any such deed or other conveyance
(including any purchaser at a judicial sale), is deemed to
covenant, which covenant shall run with the land and be binding on
every Owner, and agrees to pay to the Corporation: (1) any regular
assessments or charges; and (2) any special assessments for
improvements, or to fund any deficits between the amount collected
for regular assessments in accordance with the capital annual
budget and the amount determined necessary by the Corporation for
the proper management and maintenance of the Common Area; and (3)
any regular assessments or charges to effect payment of property
taxes which may be assessed against Common Area or any personal
property which may in the future be owned by the Corporation. Such
assessments shall be fixed, established and collected from time to
time as hereinafter provided. The regular and special assessments,
together with such interest thereon and cost~ of collection
thereof, including attorney's fees, as hereinafter provided, shall
be a charge on the Property and shall be a continuing lien upon any
Lot against which each such assessment is made, and said lien may
be enforced in the same manner in which mortgages are enforced.
Each such assessment, together with such interest, costs, and
reasonable attorney's fees for its collection, including attorney's
fees involved at all appellate levels, shall also be the personal
obligation of the person or entity who was the Owner of the Lot at
the time when the assessment becomes due. The personal obligation
shall not pass to the successors in title unless expressly assumed
by such successors.
Section 2. Purpose of Assessments. The assessments to be
levied by the Corporation shall be used exclusively for the purpose
of promoting the recreation, health, safety, and welfare of the
residents of the Property and shall specifically include, but not
be limited to: the maintenance and operation of the entrance
features to be erected to the Property; the maintenance and
operation of the tot lot(s) on a portion of the Common Area; the
payment of taxes and insurance for the Common Area; and payment for
the improvement and maintenance of the Property, and services and
facilities related to the use and enjoyment of the Common Area.
6
Section 3. Basis of ReQular Assessments. Until December 31,
, the Declarant shall pay the operating costs of the
Corporation. From and after January 1, ,the regular
assessments may be required at some future date and shall be
determined in accordance with the Articles and By-Laws, taking into
account current maintenance costs and future needs of the
Corporation. The maintenance costs shall include and shall mean
all operating costs of the Corporation, maintenance costs of the
Common Area, payment of insurance premiums for the Common Area and
premiums for such additional insurance as the Corporation deems
necessary.
Section 4. Special Assessments for Capital Improvements. In
addition to the regular assessments authorized above, the
Corporation may levy in any assessment year, a special assessment
applicable to that year only, for the purpose of defraying, in
whole or in part, the cost of any construction or reconstruction or
unexpected repair or replacement of a described capital improvement
upon the Common Area, provided that any such special assessment in
excess of twenty-five (25%) percent of the regular annual
assessments shall require the assent of two-thirds (2/3) of the
votes of each class of the Members present and voting in person or
by proxy at a meeting duly called for this purpose, written notice
of which shall be sent to all Members not less than thirty (30)
days nor more than sixty (60) days in advance of the meeting
setting forth the purpose of the meeting.
Section 5. Uniform Rate of Assessment. Both annual and
special assessments shall be fixed at a uniform rate for all Lots
and may be collected on a monthly, quarterly or annual basis as
determined by the Board of Directors.
Section 6. Quorum for An Action Authorized Under Section 4. At
each meeting called, as provided in Section 4 hereof, the presence
at the meeting of Members or of proxies entitled to cast one-third
(1/3) of all the votes of each class of membership shall constitute
a quorum. If the required quorum is not forthcoming at any
meeting, another meeting may be called, subj ect to the notice
requirements set forth in Section 4 and the required quorum at any
such subsequent meeting shall be one-half (1/2) of the required
quorum at the preceding meeting. No such subsequent meeting shall
be held more than sixty (60) days following the pr~ceding meeting.
Section 7. Date of Commencement of ReQular Assessments: Due
Dates. The regular assessments provided for herein shall commence
as to all Lots when determined by the Board of Directors of the
Corporation as herein provided. The first regular assessment shall
be adjusted according to the number of months remaining in the
calendar year. The Board of Directors of the Corporation shall fix
the amount of the regular assessment against each Lot at least
thirty (30) days in advance of each regular assessment period.
Written notice of the regular assessment shall be sent to every
Owner subject thereto. The due date shall be established by the
Board of Directors. The Corporation shall upon demand at any time
furnish a certificate in writing signed by an officer of the
Corporation setting forth whether the assessments on a specified
Lot have been paid. A reasonable charge may be made by the Board
for the issuance of these certificates. Such certificate shall be
conclusive evidence of payment of any assessment therein stated to
have been paid.
Section 8. Effect of Nonpayment of Assessments: Remedies of
the Corporation. Any assessments which are not paid when due shall
be delinquent. If the assessment is not paid within five (5) days
after the due date, the assessment shall bear interest from the
7
date of delinquency at the rate of eighteen (18%) percent per
annum, and the Corporation, acting through its Board of Directors,
may bring an action at law against the Owner personally obligated
to pay the same, or foreclose the lien against the Lot to which the
assessment is levied, and interest, costs and reasonable attorney's
fees, including at all appellate levels, of any such action shall
be added to the amount of such assessment. Additionally, the Board
of Directors of the Corporation may at its discretion impose a late
fee not to exceed Twenty-Five and No/lOa ($25.00) Dollars. No
Owner may waive or otherwise escape liability for the assessments
provided for herein by non-use of the Common Area or abandonment of
his Lot.
Section 9. Subordination of the Lien to MortQaQes. The lien
of the assessments provided for herein shall be superior to all
other liens save and except tax liens and the liens of any bona
fide institutional first mortgage to an institutional first
mortgagee, provided, however, that said mortgage liens are first
liens against the property encumbered thereby, subject only to tax
liens, and secure indebtednesses payable in constant monthly or
quarter annual payments over a period of not less than five (5)
years, and with a balloon payment thereafter if provided for in the
mortgage or the note secured thereby.
Section 10. Exempt Property. The following Property subject
to this Declaration shall be exempt from the assessments created
herein: (a) any portion of the Property dedicated to and accepted
by a local public authority; (b) the Common Area; (c) any portion
of the Property which is designated and/or reserved for easements;
and (d) any portion of the Property owned by a charitable or non-
profit organization exempt from taxation by the laws of the State
of Florida. However, no land or improvements devoted to dwelling
use shall be exempt from said assessments.
ARTICLE VII
CAPITAL CONTRIBUTION
At the time of the closing of a Horne pursuant to an original
sale by the Declarant, each purchaser shall pay to the Declarant on
behalf of the Corporation a sum equal to One Hundred ($100.00)
Dollars. These monies (hereinafter called "Capital Contribution")
shall be the Corporation's property, and shall be held by the
Corporation through its Board of Directors, pursuant to the powers
described in the Articles and By-Laws. The Capital Contribution
shall remain with the Horne on the books of the Corporation, and
while the asset amount may be affected by the actions of the Board
of Directors, no refund of a Capital Contribution will be refunded
on resale. Therefore, a purchaser should consider this item as an
asset in his negotiation for resale of his Home.
ARTICLE VIII
ARCHITECTURAL CONTROL
No building, fence, wall or other structure shall be
commenced, erected or maintained upon any Lot, nor shall any
exterior addition to or charge or alteration therein be made upon
any Lot until the plans and specifications showing the nature,
kind, shape, height, materials and location of the same shall have
been submitted to and approved in writing as to harmony of exterior
8
design and location in relation to surrounding structures and
topography by the Board of Directors of the Corporation, or by an
architectural committee composed of three (3) or more
representatives appointed by the Board. In the event said Board,
or its designated committee, fails to approve or disapprove such
design and location within thirty (30) days after said plans and
specifications have been submitted to it, approval will not be
required and this Article will be deemed to have been fully
complied with. Similarly no change in the exterior color of any
structure erected or maintained upon any Lot shall be made unless
approved in the manner provided in the foregoing two sentences in
this Article, however, approval shall not be required for any
improvement to any individual lot within the rear fence area of
same if such improvement shall not exceed the height of said fence.
The Board of Directors and/or the Architectural Committee may, from
time to time, establish design criteria for certain common
improvements, such as rear screen enclosures, screen doors, gutters
and downspouts, and hurricane protection for window and door
openings, which would become standard for all Homes and would
thereafter require no further architectural approval.
Notwithstanding any of the above, the Declarant shall be exempt
from the provisions of this Article.
ARTICLE IX
USE RESTRICTIONS
Section 1. No Lot shall be used except for
purposes. No building shall be erected altered,
permitted to remain on any Lot other than a Home.
residential
placed or
Section 2. No structure of a temporary character, trailer,
basement, tent, shack, barn or other out-building shall be used on
any Lot at any time as a residence of appendage to such residence,
either temporary or permanent.
Section 3. No noxious or offensive activity shall be carried
on upon any Lot, nor shall anything be done thereori which may be or
may become an annoyance or nuisance to the neighborhood.
Section 4. No animals, livestock or poultry qf any kind shall
be raised, bread or kept on any Lot, except that dogs, cats or
other household pets may be kept provided they are not kept, bred
or maintained for any commercial purpose.
Section 5. No sign of any kind shall be displayed to the
public view on any Lot, except one sign of not more than 18" x 24"
advertising that property for sale or rent, or signs used by the
Declarant to advertise the Property during the construction and
sale of Homes.
Section 6. No Lot shall be used or maintained as a dumping
ground for rubbish. Trash, garbage or other waste shall be kept in
sanitary containers. All equipment for the storage or disposal of
such materials shall be kept in a clean and sanitary condition.
Section 7. No garments, rugs or any other materials may by
hung, exposed or dusted from the windows or from the front facade
of any Home.
Section 8. There shall not be parked upon any of the parking
spaces set aside for general use within the Common Area, if any,
any trailer, commercial vehicle, recreational vehicle, boat or boat
trailer. This restriction shall not be deemed to limit the use of
9
such parking facilities, if any, for service vehicles whose purpose
is to perform maintenance and delivery service to the Lot Owners or
the Corporation during normal working hours.
Section 9. No septic tanks or individual wells will be
permitted on any Lot.
Section 10. No garage may be improved for purposes of making
same a living area, nor shall garage doors be removed except for
replacement.
ARTICLE X
EASEMENTS
Section 1. Easements for ingress and egress and for the
installation and maintenance of all utilities and drainage
facilities are reserved on and over each Lot and the Common Area.
The right is also reserved to the Declarant and the Corporation to
create additional utility easements by separate instrument as may
be required from time to time.
Section 2. Notwithstanding any other provisions contained in
this Declaration, in the event that any Home, as constructed by the
Declarant on a Lot, encroaches upon any portion of the Common Area
or adjoining Lot, then a perpetual easement appurtenant to such Lot
shall exist for the continuance of any such encroachment on the
Common Area or adj oining Lot. In the event any fence, roof,
overhanging roof, or portion of the Home, as constructed upon any
Lot by Declarant, encroaches or overlaps upon any other Lot or the
Common Area, then, in such event, a perpetual easement appurtenant
to the Lot upon which the fence, roof, overhanging roof, or Home is
construction shall exist for the continuation of any such
encroachment or overlapping upon the adjoining Lots and the Common
Area.
ARTICLE XI
PROVISIONS RESPECTING HOMES
Section 1. House Maintenance. Each Lot Owner shall be
responsible for maintaining and repairing the Home and all other
improvements situated on his Lot in a clean, sanitary, neat, safe
and orderly condition. Each Lot Owner shall be responsible for the
maintenance, replacement or repair of all doors, exterior walls and
all other portions of his Home and shall also be responsible to
keep the paint on the exterior walls of the Home and the roof in a
good state of repair. It will also be the duty of each Lot Owner
to maintain in good repair the driveway servicing his Lot.
Section 2. Lawn Maintenance. No underbrush or other unsightly
growth shall be permitted to grow on any Lot, nor shall any refuse
or unsightly objects be permitted to remain thereon. Each Lot
Owner shall maintain his Lot in a neat and attractive manner,
including, without limitation, having grass, weeds and undergrowth
and other vegetation cut no less than once per month, and the
shrubbery and trees located upon the Lot trimmed periodically in
accordance with good husbandry practices, including the removal of
any dead trees, shrubs or plants. In addition to maintaining his
Lot as herein provided, each Owner shall maintain the wall, if any,
facing the interior portion of his Lot, and the public area located
between the front property line of his Lot and the street in front
of his Lot or the property line of his Lot and the street on the
10
side of his Lot if such Lot is a corner Lot.
Section 3. Common Area Maintenance. The Corporation shall
maintain the Common Area. The cost of such maintenance shall be a
common expense of the Corporation. No Owner shall place any
obstruction, fence, tree, shrubbery, foliage or any other item on
the Common Area without the express written consent of the
Corporation. The Corporation shall maintain the entrance feature
to the Property, the cost of which shall be a common expense of the
Corporation. Under no circumstances shall a public agency,
authority, utility, or local government be required to accept the
responsibility for maintenance, management, control, or repair of
the Common Areas and entrance feature unless such public agency,
authority, utility or local government accepts the dedication or
conveyance of the Common Area or entrance feature. A public
agency, authority, utility or local government is under no
obligation or duty to accept such a dedication or conveyance.
ARTICLE XII
PROVISIONS RELATING TO FIRST MORTGAGEES
Section 1. The following actions will require the prior
written approval of two-thirds (2/3) of the holders of record of
Institutional First Mortgages on Lots within the Property, (based
upon one (1) vote for each Institutional First Mortgage holder):
the abandonment, partition, subdivision, encumbrance, sale or
transfer of the Common Area by the Corporation, other than the
granting of easements for public utilities or for other public
purposes consistent with the intended use of the Common Area; a
material change in the method of determining the assessments or
other charges that may be levied against an Owner; the failure of
the Corporation to maintain fire and extended coverage on any
insurable improvements hereafter on the Common Area and any
insurable improvements thereon in an amount that shall not be less
than one hundred (100%) percent of the insurable value, based on
the current replacement costs; the use of the insurance proceeds
paid to the Corporation for any loss to the Common Area, or the
improvements thereon, for any purpose other than the repair,
replacement or reconstruction of the Common Area and the
improvements thereon; the amendment of the Declaration in any
manner which materially affects or impairs the rights of an
Institutional First Mortgagee; the conveyance, encumbrance or
hypothecation in any manner of the Common Area.
Section 2. An Institutional First Mortgagee on any Lot in the
Property may singly or jointly with other Institutional First
Mortgagees: pay the taxes or other charges which are in default,
and which mayor have become a charge against the Common Area; pay
overdue premiums on hazard insurance policies for the Common Area;
or secure new hazard insurance coverage for the Common Area after
lapse of the existing coverage. In the event any Institutional
First Mortgagee makes any of the aforementioned payments, such
Institutional First Mortgagee shall be entitled to immediate
reimbursement from the Corporation for the payments advanced, and
such Mortgagee shall be subrogated to the assessment and lien
rights of the Corporation against the Owners for the repayment of
such advance, and the expense of making such reimbursement to the
Institutional First Mortgagee shall be deemed a common expense of
the Corporation.
Section 3. No provision of this Declaration shall be
interpreted to give an Owner, or any other party, priority over the
rights of any Institutional First Mortgagee pursuant to the terms
11
of its Mortgage on any Lot on the Property in the event of a
distribution to such Owner of insurance proceeds or condemnation
awards for losses to or a taking of the Common Area.
Section 4. Any Institutional First Mortgagee of a Lot on the
Property who obtains title to a Lot pursuant to the remedies
provided in said Mortgagee's Institutional First Mortgage on that
Lot, or obtains title by deed in lieu of foreclosure, shall not be
liable for any unpaid assessment or charges accrued against said
Lot prior to the acquisition of title to said Lot by such
Mortgagee.
Section 5. The Institutional First Mortgagee of any Lot on
the Property is entitled, upon request, to written notification
from the Corporation of any default in the performance by the Owner
of any of such Owner's obligations pursuant to the terms of this
Declaration, which default is not cured after sixty (60) days
notice to such Owner.
Section 6. Any Institutional First Mortgagee who acquires
title to any portion of the Property by way of foreclosure, deed in
lieu of foreclosure, or otherwise, shall be entitled to any
exemption from the terms and restrictions of this Declaration and
the Master Declaration to the same extent that Declarant would be
exempt from such terms or restrictions.
Section 7. Any agreement for professional management, or any
other contract providing for services of the Declarant may not
exceed three (3) years. Any such agreement must provide for the
termination by either party without cause and payment of a
termination fee on ninety (90) days or less written notice.
ARTICLE XIII
GENERAL PROVISIONS
Section 1. Covenants Run With Land. All covenants,
conditions, restrictions, reservations, easements, liens and
charges contained in this Declaration shall constitute covenants
running with the land, and all grantees, devisees, or mortgagees,
their heirs, personal representatives, successors and assigns, and
all parties claiming by, through or under such persons, agree to be
bound by the provisions of (a) this Declaration of Covenants,
Restrictions, Conditions and Easements, and (b) the Articles of
Incorporation and By-Laws of the Corporation. The Corporation
shall be the entity responsible for the operation and maintenance
of the Common Area.
Section 2. Enforcement. The Declarant, or the Corporation
shall have the right during the Development Period to enforce all
restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this
Declaration by proceedings at law or in equity. After the
Development Period, the Corporation or any lot Owner shall have the
right to enforce, by proceedings at law or in equity, all
restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this
Declaration. In any such proceedings, whether during or after the
Development Period, the prevailing party shall be entitled to
recover all costs and reasonable attorneys, fees, including at all
appellate levels, incurred in connection with such enforcement
action.
Section 3. Severability.
Invalidation of anyone of these
12
covenants or restrictions by judgment or court order shall not
affect any other provisions which shall remain in full force and
effect.
Section 4. Amendment. The covenants, conditions,
restrictions, reservations, easements, liens and charges provided
for in this Declaration shall run with and bind the land, and shall
inure to the benefit of and be enforceable by the Corporation, or
the Owner of any Lot subject to this Declaration, their respective
legal representatives, heirs, successors and assigns, for a term of
twenty-five (25) years from the date this Declaration is recorded,
after which time said covenants shall be automatically extended for
successi ve periods of ten (10) years. During the Development
Period, Declarant reserves the right to amend this Declaration
without the consent of the Lot Owners. Such amendments shall not
require the consent of the Institutional First Mortgagee Lenders
and shall become effective when executed by Declarant and recorded
in the Public Records of Palm Beach County, Florida. After the
Development Period the covenants and restrictions of this
Declaration may be amended by an instrument signed by not less than
fifty-one (51%) percent of the Lot Owners. Any amendments must be
properly recorded. No amendment shall, directly or indirectly,
impose maintenance obligations or responsibilities for Common Areas
to the City of Boynton Beach and any such amendment shall be null
and void.
Section 5. Remedy for Violation. For violation of a breach of
any of the provisions of this Declaration, or the provisions of the
Articles or By-Laws of the Corporation by any person or party
claiming by, through or under the Declarant and/or the Corporation,
or by virtue of any judicial proceedings, the Owner, the
Corporation, the Declarant, an Institutional First Mortgagee, or
any of them, severally, shall have the right to proceed at law for
damages or in equity to compel compliance of any of such
provisions, or for such other relief as may be appropriate. In
addition to the foregoing rights, whenever there shall have been
built within the Property any structure which is in violation of
this Declaration, a duly authorized representative of the
Corporation, may enter upon the Property where' such violation
exists and summarily abate or remove the same at the expense of the
Owner, provided, however, that the Corporation, shall then make the
necessary repairs, constructions, etc., to insure ~hat the Property
and improvements where such violation occurred is restored to the
same condition in which it existed prior to such violation, and any
such entry, abatement, removal or restoration and construction work
shall not be deemed a trespass.
Section 6. Effect of Waiver of Violation. No waiver of a
breach of or violation of any of the terms, provisions and
covenants in this Declaration, or in the Articles or By-Laws, shall
be construed to be a waiver of any succeeding breach or violation
of the same term, provision or covenant of this Declaration, or the
Articles or By-Laws.
Section 7. Instruments GoverninQ the Common Area and Owners of
l&ll. This Declaration and the Articles and By-Laws, and any
lawful amendments thereto shall govern the Common Area and the
rights, duties and responsibilities of the Owners of Lots.
Section 8. Notice to Owners. Whenever notices are required to
be given hereunder, the same shall be sent to the Owner by United
States First Class Mail, postage prepaid, at the address of the
Home situated upon the Lot. Such notices shall be deemed given
when deposited in the United States Mail. Any Owner may change his
mailing address by written notice given to the Declarant or the
13
-,
HAGER, Jr INBERG & ASSOCIATES, VC.
PROFESSIONAL LAND SURVEYORS
FOSTER PROPERTY
LEGAL DESCRIPTION:
The West 2/3 of the South 1/4 of the East 3/4 of the Northeast 1/4 of the
Southwest 1/4 and the West 2/3 of the East 3/4 of the Southeast 1/4 of the
Southwest 1/4 of Section 7, Township 45 South, Range 43 East; said lands
situate, lying and being in Palm Beach County, Florida, LESS the South
40 feet thereof.
Document5
3850 N,W. BOCA RATON BLVD,
SUITE 3, BOCA RATON, FL. 33431
PHONE: (561) 395-3600
FACSIMILE: (561) 395-2237
LAND USE INTENSITY TABLE
L.U.1. Rating of 4.0
Floor Area, air conditioned living area averages 1.600 square feet/unit
REQUIRED
PROPOSED
FAR (0.20 x 23.4 ac.), Maximum
OPEN SPACE RATIO, Minimum
LIVING SPACE RATIO, Minimum
RECREATION SPACE RATIO, Min.
4.68 acres
13.68 acres
9.36 acres
0.65 acres
3.60 acres
18.68 acres
1 5.65 acres
0.64 acres
GENERAL NOTES
1 - A minimum of 3 parking spaces will be provided per home (2 spaces in
driveway and minimum of 1 car garage).
2 - All common areas will be owned and maintained by a master
homeowners association.
3 - All homes to be zero lot line and located on lot with orientation as shown
on site plan.
4 - All internal roadways to be private and located within access tracts of
minimum 40' width.
"'-,--_.,_.,..._~-",._~_._~---_._---~_.-------------
SITE DATA
PRESENT ZONING
PROPOSED ZONING
FUTURE LAND USE
L.U,!. (Land Use Intensity)
TOTAL TRACT AREA
TOTAL UNITS ALLOWED
TOTAL UNITS PROPOSED
MAXIMUM LOT COVERAGE
MAXIMUM BUILDING HEIGHT
RECREATION REQUIRED
RECREATION PROVIDED
TYPE of OWNERSHIP
P.C,N.
AR, Agricultural Residential (Palm Beach Co.)
PUD, Planned Unit Development (Boynton)
MR 5 (Palm Beach County)
4.0
23.4 acres (1,020,035 sq. ft,)
117 (5.0 units/acre I Palm Beach County)
113 (4,84 units/acre, Boynton Beach)
98 (4.19 units/acre)
45%
25'
1.76 ACRES
0.64 ACRES
FEE SIMPLE (with master H,O,A.)
00-43-45-07 -00-000- 7030
SITE AREA BREAKDOWN
TOTAL UNITS
DENSITY
MINIMUM LOT SIZE
AVERAGE LOT SIZE
RESIDENTIAL
PASSIVE PARK
PERIMETER BUFFERS
OPEN SPACE
INTERNAL ROADWAYS (private)
LAKES
WATER MGMT. TRACTS (incl. lake)
SETBACKS:
FRONT (garage face)
FRONT (non garage face)
REAR
SIDE, STREET
SIDE, INTERIOR
98
4.19 UNITS I ACRE
5,000 Sq. Ft. (50' x 100', typ.)
6,134 Sq. Ft.
13.8 ACRES (59.00/0)
0.64 ACRES (2.70/0)
2,01 ACRES (8.60/0)
1.72 ACRES (7.40/0)
3.03 ACRES (12.90/0)
2.20 ACRES (9.40/0)
3.59 ACRES (15.30/0)
20.0'
15.0'
15.0'
15.0'
o or 10.0'
- ._~,---_._._,---~....__._,-----,-----"._---'-
DEVELOPMENT TEAM
OWNER
Roland E. & Leila M. Foster
3890 Ocala Road
Lantana, Florida 33462
CONTRACT PURCHASER
Continental Homes of Florida, Inc.
8000 Governors Square Boulevard, Suite 101
Miami Lakes, Florida 33016
305-512-4954
ENGINEERS
Schnars Engineering Corporation
951 Broken Sound Parkway, Suite 108
Boca Raton, Florida 33487
561-241-6455
LAND SURVEYORS
Hager, Weinberg & Associates
3850 N.W, Boca Raton Boulevard, Suite 3
Boca Raton, Florida 33431
561-395-3600
PLANNING CONSULTANTS
Julian Bryan & Associates
756 St. Albans Drive
Boca Raton, Florida 33486
561-338-0395
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YVONNE ZIEL TRAFFIC CONSULTANTS, INC.
11440 86th St. North, West Palm Beach, Florida 33412
Telephone (561) 624-7262. Facsimile (561) 624-9578
November 19, 1997
~r, ~ichael VV.Fturnnpf
City of Boynton Beach
Planning and Zoning Department
P,O,Box 310
Boynton Beach, Florida 33435
RE: Foster Property Comprehensive Plan Amendment
Dear ~r. Fturnnpf:
Yvonne Zie1 Traffic Consultants, Inc, was retained to prepare a trip generation analysis for a
proposed comprehensive plan amendment and annexation for a 23.4 acre property located along the
north side of ~iner Ftoad between Lawrence Ftoad and Gongress Avenue. The current land use
designation is Palm Beach County LFt5.
Under the current designation the highest use is 117 residential units; under the proposed
designation, the maximurnn units would be 98, Please find enclosed Tables 1 and 2, which provide
the trip generation rates used and the trips generated by the existing and proposed designations, Trip
generation indicates that the proposed designation will result in 190 less daily trips, Therefore, the
proposed designation will have a positive impact as it relates to traffic, Please call me if you have
any questions,
Sincerely,
v\ONNE
Yvonne Ziel, P.E.
President
Enclosure
CC ~r, Dan VVeisberg, P.E., Palm Beach County Traffic Division
Traffic Engineering and Planning
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...._....------~---------
Corporation at:
8000 Governors Square Boulevard
Suite 101
Miami Lakes, Florida 33016
(or the official address of the Corporation
as may be designated from time to time.)
Section 9. Grammatical Construction. Wherever the context so
requires, the use of any gender shall be deemed to include all
genders, and the use of the singular shall include the plural, and
the plural shall include the singular.
IN WITNESS WHEREOF, Continental Homes of Florida, Inc. has
executed this Declaration, this day of July, 1998.
Signed, sealed and delivered
in the presence of:
Continental Homes of Florida,
Inc.
Name:
By:
John P. Moroney, President
(Corporate Seal)
Name:
STATE OF FLORIDA )
:SS.
COUNTY OF MIAMI-DADE )
The foregoing instruction was acknowledged before me this __
day of July, 1998 by John P. Moroney, as President of Continental
Homes of Florida, Inc., a Florida corporation, on behalf of said
Corporation. The foregoing person is well known to me.
Name:
Notary Public, State of Florida at Large
My Commission Expires:
(CORPORATE SEAL)
h:\library\continental\986028\documents\declred,716
14
EXHIBIT "A"
LEGAL DESCRIPTION:
The West T No-Thirds (213) of the South One-Quarter (1/4) of the East Three-Quarters (314) of the Northeast
One-Quarter (1/4) of the Southwest One-Quarter (1/4) and the West Two- Thrids (213) of the East Three-Quarters (314) of
the Southeast One-Quarter (1/4) of the Southwest One-Quarter (1/4) of Section 7, Township 45 South, Range 43 East:
Palm Beach County, Florida, LESS the South 40,00 feet thereof,
ALSO DESCRIBED AS:
A Parcel of Land Lying in Section 7, Township 45 South, Range 43 Eas~ Palm Beach County, Florida, and being
described as:
Commencing at the Southwest Comer of said Section 7; Thence North 88005'58" East along the South Line of Said
Section 7, a distance of 1,568,84 feet; Thence North 02008127" East, a distance of 40,1 0 feet to the POINT OF
BEGINNING; Thence North 88005'58" East, along a Line 40,00 feet North of and parallel with (as measured at right
angles to) the South Line of said Section 7, said Line also being the North Line of a 40,00 foot LAKE WORTH
DRAINAGE DISTRICT Canal Right of Way, as recorded in Deed Book n at Page 307, Deed Book 118 at Page 518,
Deed Book 466 at Page 73, all of the Public Records of Palm Beach County, Florida, a distance of 627,30 feet; Thence
North 02010'39" East, along the Westerly Line of the Plat of THE MEADOWS 300 - PLAT No.1, as Recorded in Plat Book
43 at Pages 58 through 62, of said Public Records of Palm Beach County, Florida, a distance of 1,628,27 feet, Thence
South 88012'06" West, along the Southerly Line of the Plat of MEADOWS PARK, as Recorded in Plat Book 59 at Pages
33 and 34 of said Public Records of Palm Beach County, Florida, a distance of 628,27 feet: Thence South 02008'27" West,
along the Easterly Line of the Plat of LAWRENCE GROVE PLAT No, 2, A P,U,D, as Recorded in Plat Book 71 at Pages
104 and 105 and the Easterly Line (and it's Southerly extension) of the Plat of LAWRENCE GROVE PLAT No.1, A P,U,D,
as Recorded in Plat Book 60 at Pages 21 through 23, both of the Public Records of Palm Beach County, Florida, a distance
of 1,629,33 feet to the POINT OF BEGINNING,
Containing 1,020,035 Square Feet or 23.42 Acres, more or less,
EXHIBIT "A-I"
TRACTS A, B, C, D, E, F, G, H, I, J, K,
L, M, N, of SUMMERS MILL, A P.U.D.,
according to the Plat thereof recorded in
Plat Book , Page of the Public
Records of Palm Beach County, Florida.
Articles of Incorporation
of
Summers M1ll Homeowners' Association, Inc.,
a not-for-profit Florida corporation
In order to form a corporation not-for-profit under and in
accordance with the provisions of Chapter 617.001, of the Florida
Statutes, the undersigned, acting as incorporator, hereby adopts
the following Articles of Incorporation for the purposes and with
the powers hereinafter mentioned, hereby certifies and sets forth
the following:
First: The name of the Corporation is Summers Mill
Homeowners' Association, Inc.
Second: The Corporation is incorporated as a corporation not-
for-profit under the provisions of Chapter 617 Florida Statutes, as
amended, and will be referred to hereafter as the "Corporation".
Third: The principal office and post office address of the
Corporation shall be located at 8000 Governors Square Boulevard,
Suite 101, Miami Lakes, Florida 33016. The address of the
Registered Office of the Corporation is 2550 World Trade Center, 80
S.W. 8th Street, Miami, Florida 33130. The names of the registered
agent is: Juan E. Rodriguez, who is authorized to accept service of
process within this State upon the Corporation; and his address is
at the Registered Office.
Fourth: The purposes for which this Corporation is formed do
not contemplate pecuniary gain or profit to the Members thereof,
and the specific purpose for which it is formed are to provide for
maintenance of the Common Area described in the Declaration of
Covenants, Restrictions, Conditions and Easements of Summers Mill
affecting the property described in Exhibit "A" attached hereto and
made a part hereof and such other purposes as are provided for
therein. This Corporation will promote the health, safety and
welfare of the residents within the property described in Exhibit
"A"; and shall have following powers:
(a) To exercise all of the powers and pr~vileges and to
perform all of the duties and obligations of the
Corporation as set forth in the Declaration of Covenants,
Restrictions, Conditions and Easements of Summers Mill,
hereinafter called the "Declaration", applicable to the
property and recorded or to be recorded in the Office of
the Clerk of the Circuit Court of Palm Beach County,
Florida, as the same may be amended from time to time as
therein provided; said Declaration is by reference
incorporated herein as if set forth at length;
(b) To fix, levy, collect and enforce payment by any lawful
means all charges or assessments pursuant to the terms of
the Declaration; to pay all expenses in connection
therewith, and all office and other expenses incident to
the conduct of the business of the Corporation, including
licenses, taxes or government charges levied or imposed
against the property of the Corporation;
(c) To acquire (by gift, purchase or otherwise), own, hold,
improve, build upon, operate, maintain, convey, sell,
lease, transfer, dedicate for public use or otherwise
dispose of real or personal property in connection with
EXHIBIT "B"
the affairs of the Corporation;
(d) To borrow money, to mortgage, pledge, deed in trust, or
hypothecate any or all of the Corporation's real or
personal property as security for money borrowed or debts
incurred; and
(e) To have and to exercise any and all powers, rights and
privileges which a corporation, organized under the
corporation not-for-profit law of the State of Florida,
may by law now or hereafter have or exercise.
Fifth: Every person or entity who is a record Owner of a fee
or undivided fee interest in any Lot which is subj ect by the
Declaration to assessment by the Corporation, including contract
sellers, shall be a Member of the Corporation. The foregoing is
not intended to include persons or entities who hold an interest
merely as security for the performance of an obligation. No Owner
shall have more than one membership. Membership shall be
appurtenant to and may not be separated from ownership of any Lot
which is subject to assessment by the Corporation. Ownership of
such Lot shall be the sole qualification for membership.
Sixth:
membership:
The Corporation shall have two classes of voting
Class A. Class A Members shall be all those Owners as defined in
Article Fifth with the exception of the Declarant (as defined in
the Declaration). Class A Members shall be entitled to one vote
for each Lot in which they hold the interest required for
membership by Article Fifth. When more than one person hold such
interest in any Lot, all such persons shall be Members. The vote
for such Lot shall be exercised as they among themselves determine,
but in no event shall more than one vote be cast with respect to
any Lot.
Class B. The Class B Member shall be the Declarant (as defined in
the Declaration). The Class B Member shall be entitled to three
(3) votes for each Lot in which it holds the interest required for
membership by Article Fifth, provided that the Class B membership
shall cease and be converted to Class A membership on the happening
of any of the following events whichever occurs earlier:
(a) when the total votes outstanding in the Class A
membership equal the total votes outstanding in the Class
B membership; or
(b) December 31,
; or
(c) Thirty (30) days after the Declarant elects to terminate
the Class B Membership.
Seventh: The term for which this Corporation is to exist is
perpetual.
Eighth: The affairs of the Corporation are to be managed by
the following officers:
President
Vice President
Secretary
Treasurer
2
, ,
Ninth: The officers who are to serve until the first election
of the directors are as follows:
President
Vice President
Secretary
Treasurer
The first annual meeting of the Corporation and the first election
of the Board of Directors shall be held on the first Wednesday in
December, 1999, or by order of the Board of Directors at such
earlier date as they determine, and thereafter annual meetings of
the members shall be held on the first Wednesday in December of
each year, if not a legal holiday, or non-business day, and if a
legal holiday, or non-business day, then on the next business day
following. The Directors elected at the first annual meeting and
at each subsequent annual meeting of the Members shall elect
officers of the Corporation who will hold office until the next
meeting of the Board of Directors, or until their successors are
elected and qualified.
Tenth: This Corporation shall be governed by a Board of
Directors consisting of not less than three (3) and no more than
five (5) persons. The names and addresses of the persons who are
to serve as Directors until the first annual meeting of the Members
are as follows:
NAMES
ADDRESSES
1.
8000 Governors Boulevard
Suite 101
Miami Lakes, Florida 33016
2.
8000 Governors Boulevard
Suite 101
Miami Lakes, Florida 33016
3.
8000 Governors Boulevard
Suite 101
Miami Lakes, Florida 33016
Commencing with the first annual meeting of the Members and at
each subsequent annual meeting of the Members of the Corporation,
the Directors of the Corporation shall be elected by the Members
and they will hold office in each instance until the next annual
meeting of the Members or until their successors are elected and
qualified. Pursuant to Article Sixth hereof, the Declarant,
Continental Homes of Florida, Inc., is a Class B Member with three
votes for each unsold Lot in the Property. Directors elected by
the Class B Member need not themselves be owners of homes erected
on the property subject to the Declaration nor Members of the
Corporation. Further, notwithstanding the number of Class B votes
existing from time to time, the Declarant, Continental Homes of
Florida, Inc., shall have the right to elect all of the Directors
of the Corporation until December, 1999. Thereafter the Directors
of the Corporation shall be elected at the annual meeting of the
Members of the Corporation, which annual meeting will be held
pursuant to the provisions of the By-Laws. Vacancies in the Board
of Directors shall be filled by the remaining Directors at a
special meeting called for that purpose and a Director so elected
shall serve until the next annual meeting of the Members of the
Corporation.
3
Eleventh: The Board of Directors shall have all the powers
and duties referred to in the Declaration and in the laws of the
State of Florida respecting corporations not-for-profi t. The
powers of the Board of Directors shall include, but shall not be
limited to the following: (a) to elect the Officers of the
Corporation, (b) to administer the affairs of the Corporation and
the Common Area, (c) to engage the services of a manager or
managing agent for the Property and to fix the terms of such
management agreement and the compensation and the authority of the
manager or managing agent, (d) to promulgate such rules and
regulations concerning the operation and use of the property or
Common Area, as may be consistent with the Declaration and to amend
the same from time to time, (e) to provide for the maintenance,
repair and replacement of Common Area, and (f) to estimate and
adopt an annual operating budget and to provide for the assessment
and collection from the Lot Owners of their respective shares or
all estimated expenses.
Twelfth: The initial By-Laws of this Corporation are those
adopted by the Board of Directors and entered in the Minute Book of
the Corporation. Such By-Laws may be altered, amended, added to or
repealed by the Members of the Corporation in the manner provided
for in said initial By-Laws and in conformity with the provisions
and requirements of the Florida Statutes regulating corporations
not-for-profit, as amended from time to time, which is currently
set forth in Chapter 617, Florida Statutes, as amended from time to
time.
Thirteenth: These Articles of Incorporation may be altered,
amended, changed, added to, or repealed, in the manner or hereafter
prescribed by statute or herein or by the By-Laws of this
Corporation as they exist from time to time, at any duly called
meeting of the Members of this Corporation provided that (a) the
notice of the meeting is given in the manner provided in Section 3,
Article X of the initial By-Laws, and it contains a full statement
of the proposed alteration, amendment, change, addition, or repeal,
and (b) there is an affirmative vote of two-thirds (2/3) of the
Members in person or by proxy of said proposed alteration,
amendment, change, addition, or repeal.
Fourteenth: This Corporation shall never have or issue shares
of stock nor will it ever have or provide .for non voting
membership.
Fifteenth: From time to time and at least once annually, the
corporate officers shall furnish periodic reports to the Members,
which shall include profit and loss statements and balance sheets
prepared in accordance with sound business and accounting
practices.
Sixteenth: The Corporation shall have all the powers set
forth and described in the Florida Statutes regulating corporations
not-for-profit, as amended from time to time, which are currently
set forth in Chapter 617.0302 Florida Statutes, together with those
powers conferred by the Declaration, these Articles and any and all
lawful By-Laws of the Corporation.
Seventeenth: The names and address of the incorporator hereto
is as follows:
4
NAME
ADDRESSES
1.
Juan E. Rodriguez
80 S.W. 8th Street
Suite 2550
Miami, Florida 33130
Eighteenth: Each Director and officer of this Corporation
shall be indemnified by the Corporation against all costs and
expenses reasonably incurred or imposed upon him in connection with
or arising out of any action, suit or proceeding in which he may be
involved or to which he may be made a party by reason of his having
been a Director or officer of this Corporation, such expense to
include the cost of reasonable settlements (other than amounts paid
to the Corporation itself) made with a view to curtailment of costs
of litigation. The Corporation shall not, however, indemnify such
Director or officer with respect to matters as to which he shall be
finally adj udged in any such action, suitor proceeding to be
liable for negligence or misconduct in the performance of his duty
as such Director or officer, or in respect to any matter in which
any settlement or compromise is effected if the total expense,
including the cost of settlement shall substantially exceed the
expense which might reasonably be incurred by such Director or
officer in conducting such litigation to final conclusion, and in
no event shall anything herein contained be construed as
authorizing this Corporation to indemnify any such Director or
officer against any liability of the Corporation to which he would
otherwise be subject by reason of willful malfeasance, bad faith,
gross negligence or reckless disregard of the duties involved in
the conduct of his office. The foregoing right to indemnification
shall be in addition to any other rights to which any such Director
or officer may be entitled as a matter of law or otherwise.
We, the undersigned, being all of the incorporators herein-
above named, for the purpose of forming a Corporation not-for-
profit pursuant to Chapter 617, Florida Statutes, as amended, do
hereby subscribe to these Articles of Incorporation, and have set
our hands and seals this ____ day of July, 1998.
( SEAL)
Juan E. Rodriguez
STATE OF FLORIDA
SS.
COUNTY OF MIAMI-DADE
Before Me, the undersigned authority, this day personally
appeared Juan E. Rodriguez, who being duly sworn according to law,
deposes and says that he is competent to contract and further
acknowledge that he did subscribe to the foregoing Articles of
Incorporation freely and voluntarily and for the purpose therein
expressed.
In Witness Whereof, I have hereunto set my hand and official
seal at Miami, Miami-Dade County, Florida, this day of July,
1998.
Name:
NOTARY PUBLIC, State of Florida at Large
My commission expires:
(SEAL)
5
Acceptance of Service As ReQistered AQents
The undersigned, Juan E. Rodriguez, having been named as
registered agent to accept service of process for Summers Mill
Homeowners' Association, Inc., a not-for-profit Florida
corporation, at the registered office designated in the Articles of
Incorporation of said Corporation, hereby agrees and consents to
act in that capacity. The undersigned is familiar with and accepts
the duties and obligations of Section 617.023 Florida Statutes, and
will comply with the provisions of all statutes of Florida relative
to the performance of our duties as registered agents.
Dated this
day of July, 1998.
Juan E. Rodriguez
6
BY-LAWS
OF
Summers Kill Homeowners' Association, Inc.,
a not-for-profit Plorida corporation
ARTICLB I
NAME AND LOCATION
The name of the corporation is Summers Mill Homeowners I
Association, Inc., hereinafter referred to as the "Association".
The principal office of the corporation shall be located at the
offices of continental Homes of Florida, Inc., 8000 Governors
Square Boulevard, suite 101, Miami Lakes, Florida 33016, or at such
other places as may be subsequently designated by the Board of
Directors, but meetings of Members and Directors may be held at
such places within the State of Florida as may be designated by the
Board of Directors.
ARTICLE II
DEFINITIONS
The following words and terms when used in the By-Laws or any
supplement or amendment thereto (unless the context shall clearly
indicate otherwise) shall have the following meanings:
section 1. "Articles" mean and refer to the Articles of
Incorporation of Summers Mill Homeowners' Association, Inc., a not-
for-profit Florida corporation, and all exhibits which are attached
thereto and made a part thereof, and shall include such amendments,
if any, as may be adopted from time to time pursuant to the terms
thereof.
Section 2. "By-Laws" means this instrument and all Exhibits
attached hereto and made a part hereof, and shall include all
amendments.
Section 3. "Common Area" is the property more particularly
described in Exhibit "A-1" attached hereto and mad~ a part hereof.
Section 4. "Corporation" means
Association, Inc., a not-for-profit
successors and assigns.
Summers Mill Homeowners'
Florida corporation, its
Section S. "Declarant" is Continental Homes of Florida,
Inc., a Florida corporation, or any successor of Declarant who may
be assigned all or a part of the rights of Declarant pursuant to a
written assignment executed by the then present Declarant and
recorded among the Public Records of Palm Beach County, Florida.
If Declarant assigns only a portion of its rights as Declarant
hereunder to an assignee, then the term Declarant as used in this
Declaration shall mean such assignee only when necessary to give
such assignee the right of Declarant hereunder which were assigned
to such assignee to the same extent as if such assignee had been
the original Declarant, and said assignee shall not have any of the
rights of Declarant hereunder which were not specifically assigned
to such assignee.
Section 6. "Declaration" mean is the Declaration of
Covenants, Restrictions, Conditions and Easements of Summers Mill
as recorded in the Public Records of Palm Beach County, Florida,
and any and all supplements and amendments thereto.
Section 7. "Development Period" means the period of time
until the Declarant has sold the last Home to outside purchasers.
EXHIBIT "e"
section 8.
upon a Lot.
"Home" is a single family dwelling constructed
Section 9. "Institutional First Mortgage" is a mortgage
executed in favor of an Institutional First Mortgagee, which
mortgage is a first and prior mortgage encumbering a Home.
Section 10. "Institutional First Mortgagee" is a bank,
savings and loan association, any insurance company, pension fund,
real estate trust, Federal National Mortgage Association or its
assigns, Federal Home Loan Mortgage Company or its assigns, or any
other party engaged in the business of mortgage financing, which
owns or holds a first and prior mortgage encumbering a Home, and
shall include any corporate subsidiary of such entity.
Section 11. "Lot" is a designated lot within the property
described on Exhibit "A" conveyed or to be conveyed to an Owner
upon which there has been constructed or will be constructed a
Home.
Section 12. "Member" is every person or entity who is a
Member in the Corporation.
section 13. "Owner" is the record owner, whether one or more
persons or entities, of the fee simple title to any Lot which is a
part of the Property, including contract sellers, but excluding
those parties having such interest merely as security for the
performance of any obligation.
Section 14. "Property" is the property described in Exhibit
"A" .
ART1:CLB 1:1:1:
MEMBERSHIP
section 1. Membership. Every person or entity who is a
record owner of a fee or undivided fee interest in any Lot which is
subject by covenants of record to assessment by the Corporation,
including contract sellers, shall be a Member of the Corporation.
The foregoing is not intended to include persons or entities who
hold an interest merely as security for the performance of an
obligation. No Owner shall have more than one membership for each
Lot owned. Membership shall be appurtenant to, and may not be
separated from ownership of any Lot which is subject to assessment
by the Corporation. Ownership of such Lot shall be the sole
qualification for membership.
t. 'f mb h' , , d '
Sec ~on 2. Suspens~on 0 Me ers ~p. Dur~ng any per~o ~n
which a Member shall be in default in the payment of any annual or
special assessment levied by the Corporation, the voting rights of
such Member may be suspended by the Board of Directors until such
assessment has been paid. Such rights of a Member may also be
suspended, after notice and hearing, for a period not to exceed one
hundred eighty (180) days for violation of any rules and
regulations established by the Board of Directors.
Section 3. Voting Rights.
of voting membership.
Class A. Class A Members shall be all those Owners as defined
in Article III of the Declaration with the exception of the
Declarant. Class A Members shall be entitled to one vote for each
Lot in which they hold the interest required for membership by
Article III of the Declaration. When more than one person holds
such interest in any Lot, all such persons shall be Members. The
vote for such Lot shall be exercised by the Owners as they among
themselves determine, but in no event shall more than one vote be
There shall be two classes
2
cast with respect to any Lot.
Class B. The Class B Member shall be the Declarant. The Class
B Member shall be entitled to three (3) votes for each Lot in which
it holds the interest required for membership by Article III of the
Declaration, provided that the Class B membership shall cease and
be converted to Class A membership on the happening of any of the
following events, whichever occurs earlier:
(a) when the total votes outstanding in the Class A
membership equal the total votes outstanding in the Class
B membership; or
(b) on December 31,
; or
(c) Thirty (30) days after the Declarant elects to terminate
the Class B Membership.
ART:ICLB :IV
PROPERTY RIGHTS: RIGHTS OF ENJOYMENT
Each Member shall be entitled to the use and enjoyment of the
Common Area and its facilities as provided in the Declaration. Any
Member may delegate his rights of enjoyment of the Common Area and
its facilities to the members of his family, his tenants or
contract purchasers, who reside on the Property. Such Member shall
notify the secretary in writing of the name of any such party. The
rights and privileges of such party are subject to suspension to
the same extent as those of the Member.
ART:ICLB V
BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE
Section 1. Number. The affairs of this Corporation shall be
managed by a Board of not less than three (3) and no more than five
(5) Directors.
Section 2. Election. Directors shall be' elected at the
annual meeting of the Members. At such annual meeting not less
than three (3) and no more than five (5) directors shall be elected
and they shall serve until the next annual meeting of the Members
or until their successors are chosen or until removed in accordance
with the Articles of Incorporation or these By-Laws.
Section 3. Removal. Any director may be removed from the
Board, with or without cause, by a majority vote of the Members of
the Corporation. In the event of death, resignations or removal of
a director, his successor shall be selected by the remaining
Members of the Board and shall serve until the next annual meeting
of the Members.
section 4. Compensation. No director shall receive
compensation for any service he may render to the Corporation.
However, any director may be reimbursed for his actual expenses
incurred in the performance of his duties.
Section 5. Action Taken without A Meeting. The directors
shall have the right to take any action in the absence of a meeting
which they could take at a meeting by obtaining the written
approval of all of the directors. Any actions so approved shall
have the same effect as though taken at a meeting of the directors.
3
ARTICLE VI
MEETING OF DIRECTORS
Section 1. Nomination. Nomination for election of the Board
of Directors shall be made by a Nominating Committee. Nominations
may be also made from the floor at the annual meeting of the
Members. The Nominating Committee shall consist of a Chairman, who
shall be a member of the Board of Directors, and two or more
Members of the Corporation. The Nominating Committee shall make as
many nominations for election to the Board of Directors as it shall
in its discretion determine, but not less than the number of
vacancies that are to be filled.
Section 2. Election. Election to the Board of Directors
shall be by secret ballot. At such election the Members or their
proxies may cast their vote with respect to each vacancy for as
many as they are entitled to exercise under the provisions of the
Declaration. The persons receiving the largest number of votes
shall be elected. Cumulative voting is not permitted.
ARTICLE VIII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers. The Board of Directors shall have
the power:
(a) To adopt and publish, from time to time, rules and
regulations governing the use of the Common Area and its
facilities, and the personal conduct of the Members and
their guests thereon, and to establish penalties for the
infraction thereof;
(b) To exercise for the Corporation all powers, duties and
authority vested in or delegated to the Corporation,
which are not reserved to the membership by other
provisions of these By-Laws, the Articles, or the
Declaration;
(c) To declare the office of a member of the Board of
Directors to be vacant in the event such member shall be
absent from three (3) consecutive regular meetings of the
Board of Directors, except that the directors appointed
by Declarant shall not be subject to this provision; and
(d) To employ a manager, an independent contractor or such
other employees as they deem necessary, and to prescribe
their duties.
section 2. Duties.
Directors:
It shall be the duty of the Board of
(a) To cause to be kept a complete record of all its acts and
corporate affairs and to present a statement thereof to
the Members at the annual meeting of the Members or at
any special meeting, when such statement is requested in
writing by one-fourth (1/4) of the Class A members who
are entitled to vote;
(b) To supervise all officers, agents and employees of the
corporat1on and to see that their duties are properly
performed;
(c) As more fully provided herein and in the Declaration:
(1) To take into account the common expenses of the
Corporation, the appropriate expenses respecting
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the personal property taxes levied against the
Corporation or the Common Area, and other expenses
of the Corporation; and
(2) To send written notice of each assessment to every
Owner subject thereto at least thirty (30) days in
advance of each annual assessment period;
(d) To issue, or to cause an appropriate officer to issue,
upon demand by any person, a certificate setting forth
whether any assessment has been paid. A reasonable
charge may be made by the Board for the issuance of these
certificates. Such certificate shall be conclusive
evidence of any assessment therein stated have been paid;
(e) To collect delinquent assessments and penalties and to
create, record and foreclose the lien securing the said
assessments and to hire attorneys, accountants and other
professionals to do the same;
(f) To procure and maintain adequate liability insurance, and
to procure adequate hazard insurance on property owned by
the Corporation;
(g)
To cause all officers
responsibilities to be
appropriate;
or employees
bonded, as
having fiscal
it may deem
(h) To cause the Common Area to be maintained; and
(i) To cause the exterior of the dwellings, and the lawns,
fences and walls to be maintained by the Owners (except
as otherwise required by the Declaration or these By-
Laws) .
ARTICLE IX
COMMITTEES
Section 1. Types of Committees. The Corporation shall
appoint a Nominating Committee as provided in these By-Laws. In
addition, the Board of Directors may appoint other committees as
deemed appropriate in carrying out its purposes.
section 2. Responding to Members. It shall be the duty of
each committee to receive complaints from Members on any matter
involving Corporate functions, duties and activities within its
field of responsibility. It shall dispose of such complaints as it
deems appropriate or refer them to such other committees, directors
or officers of the Corporation as are further concerned with the
matter presented.
ARTICLE X
MEETING OF MEMBERS
section 1. Annual Meetings. The first annual meeting of the
Members shall be held on the first Wednesday in December, 1999, or
on such other date as the Board of Directors may in its judgment
deems desirable or expedient, and each subsequent regular annual
meeting of the members shall be held on the date fixed by the Board
of Directors, and such meetings shall commence at seven o'clock,
P.M. The annual meeting of the Members shall not be held on a
legal holiday.
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Section 2. Special Meetings. Special meetings of the Members
may be called at any time by the president or by the Board of
Directors, or upon written request of the Members who are entitled
to vote one-fourth (1/4th) of all of the votes of the entire
membership or who are entitled to vote one-fourth (1/4th) of the
votes of the Class A membership.
Section 3. Notice of Meetings. written notice of each
meeting of the Members shall be given by, or at the discretion of,
the secretary or person authorized to call the meeting, by mailing
a copy of such notice, postage prepaid, at least fifteen (15) days
before such meeting to each Member entitled to vote thereat,
addressed to the Member's address last appearing on the books of
the Corporation, or supplied by such Member to the Corporation for
the purpose of notice. Such notice shall specify the place, day
and hour of the meeting, and in the case of a special meeting, the
purpose of the meeting.
section 4. Ouorum. The presence at the meeting of Members
entitled to cast, or of proxies entitled to cast, one-third (1/3)
of the votes of each class of membership shall constitute a quorum
for any action except as otherwise provided in the Articles of
Incorporation, the Declaration, or these By-Laws. If however, such
quorum shall not be present or represented at any meeting, the
Members entitled to vote thereat shall have power to adjourn the
meeting from time to time, without notice other than announcement
at the meeting until a quorum as aforesaid shall be present or be
represented.
section 5. Proxies. At all meetings of Members, each Member
may vote in person or by proxy. All proxies shall be in writing
and filed with the secretary. Every proxy shall be revocable and
shall automatically cease upon conveyance by the Member of his Lot.
ARTl:CLB Xl:
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices. The offices of this
Corporation shall be a president and a vice-president, a secretary
and a treasurer, who shall at all times be members of the Board of
Directors, and such other officers as the Board may from time to
time by resolution create.
section 2. Election of Officers. The election of officers
shall take place at the first meeting of the board of Directors
following each annual meeting of the Members.
Section 3. ~. The officers of this Corporation shall be
elected annually by the Board and each shall hold office for one
(1) year unless he shall sooner resign, or shall be removed, or is
otherwise disqualified to serve.
Section 4. Special Appointment. The Board may elect such
other officers as the affairs of the Corporation may require, each
of whom shall hold office for such period, have such authority, and
performance of such duties as the Board may, from time to time,
require.
Section 5. Resignation and Removal. Any officers may be
removed from office with or without cause by the Board. Any
officer may resign at any time by giving written notice to the
Board, the president or the secretary. Such resignation shall take
effect on the date of receipt of such notice or at any later time
specified therein, and unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it
effective.
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section 6. Vacancies. A vacancy in any office may be filled
in the manner prescribed for regular election. The officer elected
to such vacancy shall serve for the remainder of the term of the
officer he replaces.
Section 7. Multiple Officers. The offices of secretary and
treasurer may be held by the same person. No persons shall
simultaneously hold more than one of the other offices except in
the case of special offices created pursuant to section 4 of this
Article.
section 8. Duties.
follows:
The duties of the officers are as
PRBSI:DBNT
(a) The president shall preside at all meetings of the Board
of Directors; shall see that orders and resolutions of
the Board are carried out; shall sign all leases,
mortgages, deeds and other written instruments and shall
co-sign all checks and promissory notes.
VI:CE-PRESI:DENT
(b) The vice-president shall act in the place and stead of
the president in the event of his absence, inability or
refusal to act and shall exercise and discharge such
other duties as may be required of him by the Board.
SBCRBTARY
(c) The secretary shall record the votes and keep the minutes
of all meetings and proceedings of the Board and of the
Members; keep the corporate seal of the Corporation and
affix it on all papers requiring said seal; serve notice
of meetings of the Board and all of the Members; keep
appropriate current records showing the Members of the
Corporation together with their addresses, and shall
perform such other duties as required by the Board.
TREASURER
(d) The treasurer shall receive and deposit in appropriate
bank accounts all monies of the Corporation and shall
disburse such funds as directed by resolution of the
Board of Directors; shall sign all checks and promissory
notes; shall cause financial statements to be made of the
Corporation's books of account at the completion of each
fiscal year; shall prepare an annual budget and a
statement of income and expenditures to be presented to
the membership at its regular annual meeting, and deliver
a copy of each to the Members; and shall furnish a
corporate surety bond in a sum satisfactory to the Board
for the faithful performance of the duties of his office
and the restoration to the Corporation of all books,
papers, vouchers, money or other property of whatever
kind in his possession or under his control, belonging to
the Corporation. The Corporation shall pay all premiums
for said bond.
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ARTXCLB XXX
ASSESSMENT
section 1. Creation of the Lien and Personal Obligation of
Assessments to be Paid to the Co~oration. The Declarant, for each
Lot owned by it within the Property, hereby covenants, and each
Owner of any Lot by acceptance of a deed therefor, whether or not
it shall be so expressed in any such deed or other conveyance
(including any purchaser at a judicial sale), is deemed to
covenant, which covenant shall run with the land and be binding on
every Owner, and agrees to pay to the Corporation: (1) any regular
assessments or charges; and (2) any special assessments for
improvements, or to fund any deficits between the amount collected
for regular assessments in accordance with the capital annual
budget and the amount determined necessary by the Corporation for
the proper management and maintenance of the Common Area; and (3)
any regular assessments or charges to effect payment of property
taxes which may be assessed against Common Area or any personal
property which may in the future be owned by the Corporation. Such
assessments shall be fixed, established and collected from time to
time as hereinafter provided. The regular and special assessments,
together with such interest thereon and costs of collection
thereof, including attorney's fees, as hereinafter provided, shall
be a charge on the Property and shall be a continuing lien upon any
Lot against which each such assessment is made, and said lien may
be enforced in the same manner in which mortgages are enforced.
Each such assessment, together with such interest, costs, and
reasonable attorney's fees for its collection, including attorney's
fees involved at all appellate levels, shall also be the personal
obligation of the person or entity who was the Owner of the Lot at
the time when the assessment becomes due. The personal obligation
shall not pass to the successors in title unless expressly assumed
by such successors.
Section 2. Purpose of Assessments. The assessments to be
levied by the Corporation shall be used exclusively for the purpose
of promoting the recreation, health, safety, and welfare of the
residents of the Property and shall specifically include, but not
be limited to: the maintenance and operation of the entrance
features to be erected to the Property; the maintenance and
operation of the tot lot(s) on a portion of the Common Area; the
payment of taxes and insurance for the Common Area; and payment for
the improvement and maintenance of the Property, and services and
facilities related to the use and enjoyment of the Common Area.
section 3. Basis of Regular Assessments. until December 31,
, the Declarant shall pay the operating costs of the
Corporation. From and after January 1, , the regular
assessments may be required at some future date and shall be
determined in accordance with the Articles and By-Laws, taking into
account current maintenance costs and future needs of the
Corporation. The maintenance costs shall include and shall mean
all operating costs of the Corporation, maintenance costs of the
Common Area, payment of insurance premiums for the Common Area and
premiums for such additional insurance as the Corporation deems
necessary.
Section 4. Special Assessments for Capital Improvements. In
addition to the regular assessments authorized above, the
Corporation may levy in any assessment year, a special assessment
applicable to that year only, for the purpose of defraying, in
whole or in part, the cost of any construction or reconstruction or
unexpected repair or replacement of a described capital improvement
upon the Common Area, provided that any such special assessment in
excess of twenty-five (25%) percent of the regular annual
assessments shall require the assent of two-thirds (2/3) of the
votes of each class of the Members present and voting in person or
by proxy at a meeting duly called for this purpose, written notice
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of which shall be sent to all Members not less than thirty (30)
days nor more than sixty (60) days in advance of the meeting
setting forth the purpose of the meeting.
Section 5. Uniform Rate of Assessment. Both annual and
special assessments shall be fixed at a uniform rate for all Lots
and may be collected on a monthly, quarterly or annual basis as
determined by the Board of Directors.
Section 6. Ouorum for An Action Authorized Under Section 4. At
each meeting called, as provided in Section 4 hereof, the presence
at the meeting of Members or of proxies entitled to cast one-third
(1/3) of all the votes of each class of membership shall constitute
a quorum. If the required quorum is not forthcoming at any
meeting, another meeting may be called, subject to the notice
requirements set forth in Section 4 and the required quorum at any
such subsequent meeting shall be one-half (1/2) of the required
quorum at the preceding meeting. No such subsequent meeting shall
be held more than sixty (60) days following the preceding meeting.
Section 7. Date of Commencement of Regular Assessments: Due
Dates. The regular assessments provided for herein shall commence
as to all Lots when determined by the Board of Directors of the
Corporation as herein provided. The first regular assessment shall
be adjusted according to the number of months remaining in the
calendar year. The Board of Directors of the Corporation shall fix
the amount of the regular assessment against each Lot at least
thirty (30) days in advance of each regular assessment period.
Written notice of the regular assessment shall be sent to every
Owner subject thereto. The due date shall be established by the
Board of Directors. The Corporation shall upon demand at any time
furnish a certificate in writing signed by an officer of the
Corporation setting forth whether the assessments on a specified
Lot have been paid. A reasonable charge may be made by the Board
for the issuance of these certificates. Such certificate shall be
conclusive evidence of payment of any assessment therein stated to
have been paid.
Section 8. Effect of Nonpayment of Assessments: Remedies of
the Corporation. Any assessments which are not paid when due shall
be delinquent. If the assessment is not paid within five (5) days
after the due date, the assessment shall bear interest from the
date of delinquency at the rate of eighteen (18%) percent per
annum, and the Corporation, acting through its Board of Directors,
may bring an action at law against the Owner personally obligated
to pay the same, or foreclose the lien against the Lot to which the
assessment is levied, and interest, costs and reasonable attorney's
fees, including at all appellate levels, of any such action shall
be added to the amount of such assessment. Additionally, the Board
of Directors of the Corporation may at its discretion impose a late
fee not to exceed Twenty-Five and No/IOO ($25.00) Dollars. No
Owner may waive or otherwise escape liability for the assessments
provided for herein by non-use of the Common Area or abandonment of
his Lot.
section 9. Subordination of the Lien to Mortgages. The lien
of the assessments provided for herein shall be superior to all
other liens save and except tax liens and the liens of any bona
fide institutional first mortgage to an institutional first
mortgagee, provided~ however, that said mortgage liens are first
liens against the property encumbered thereby, subject only to tax
liens, and secure indebtednesses payable in constant monthly or
quarter annual payments over a periOd of not less than five (5)
years, and with a balloon payment thereafter if provided for in the
mortgage or the note secured thereby.
Section 10. Exempt Property. The following Property subject
to this Declaration shall be exempt from the assessments created
herein: (a) any portion of the Property dedicated to and accepted
by a local public authority; (b) the Common Area; (c) any portion
9
of the Property which is designated and/or reserved for easements;
and (d) any portion of the Property owned by a charitable or non-
profit organization exempt from taxation by the laws of the State
of Florida. However, no land or improvements devoted to dwelling
use shall be exempt from said assessments.
ARTICLB XIII
BOOKS AND RECORDS
The books, records and papers of the Corporation shall, at all
times, during reasonable business hours, be subject to inspection
by any Member. The Declaration, the Articles and these By-Laws
shall be available for inspection by any Member at the principal
office of the Corporation, where copies may be purchased at a
reasonable cost.
ARTICLB XIV
CORPORATE SEAL
The Corporation shall have a seal having the words Summers
Mill Homeowners' Association, Inc., a not-for-profit Florida
corporation.
ARTICLB :xv
AMENDMENTS
Section 1. Procedure. These By-Laws may be amended, at a
duly called regular or special meeting of the Members, by a vote of
fifty-one (51%) percent of the Members present in person or by
proxy, except that if at the time an amendment is proposed there
are any mortgages encumbering any Lot insured by the Federal
Housing Administration, guaranteed by the Veterans Administration
or held by the Federal National Mortgage Corporation, then the
Federal Housing Administration, the Veterans Administration or the
Federal National Mortgage Corporation shall have the right to veto
amendments while there is a Class B membership, otherwise said
right of veto will not exist.
Section 2. Conflict with Declaration. In ,the case of any
conflict between the Articles and these By-Laws, the Articles shall
control; and in the case of any conflict between the Declaration
and these By-Laws, the Declaration shall control.
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