LEGAL APPROVAL
,
.,
RESOLUTION NO. R94-/~J
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
ACCEPTANCE OF THE FINAL PLAT FOR QUAIL RUN
VILLAS, P.U.D.,ALSO APPROVING THE FORM AND
CONTENT OF THE DECLARATION OF RESTRICTIONS
FOR QUAIL RUN VILLAS, AND THE MAINTENANCE
AGREEMENT, WHICH DOCUMENTS ARE ATTACHED
HERETO AS COMPOSITE EXHIBIT "A"; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, upon
recommendation of staff, does hereby accept the Final Plat for Quail Run Villas,
i I P.U.D." and also approves the form and content of the Declaration of Restrictions for
Quail Run Villas, and the Maintenance Agreement, which documents are attached
"
, hereto as composite Exhibit "A".
Ii
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
I'
:i
Section 1. The City Commission of the City of Boynton Beach, Florida hereby
accepts the Final Plat for Quail Run Villas, P.U.D. and also approves the form and
i! content of the Declaration of Restrictions for Quail Run Villas and the Maintenance
JI
Agreement, which documents are attached hereto as composite Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this /cj1 day of July, 1994.
CITY OF BOYNTON BEACH, FLORIDA
, r / , ) / '
- ,/ -., ': / ,r
y;::.-" ':'(~//{(..I.(//(./
Mayor ,I
Commission~~ ,'\ .
-t~~\'~,
Commissioner', ~ ) ~
,; , -'
'I
!I
"
"
Ii
:i
!!
:1
ATTEST:
~~~.-9/(~",h
Ci Clerk
Final Plat
Qua.1 Run. 7/1 3/94
f1ur~tc
RESOLUTION NO. R95~~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE REDUCTION OF SURETY TO $36,100 FOR.QUAIL
RUN 'iTTT,T.A~ PUD TO ENGLE HOMES INC. ; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, staff has verified the status of completion of the
required site improvements on the above property; and
WHEREAS, the City Commission of the City of Boynton Beach,
Florida, upon recommendation of staff, hereby a~~horizes reduction
of surety to $36,100 to Engle Homes, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida, hereby authorizes reduction of surety to the amount of
$36,100 to Engle Homes, Inc. (Quail Run Villas PUD).
Section 2, That this Resolution shall become effective
immediately upon passage.
day of ~E , 1995.
PASSED AND ADOPTED this ~O
CITY OF BOYNTON BEACH, FLORIDA
~
,-/) /~')- -')'
\,...-::-.... - , ~ ~ ..: .--<: .,. I_.L-
MaYPfPro Tern
~~-
Vice Mayor
.W.,,-j,A...-
ATTEST:
;.. ~''-c::.~....:
)
~~qk.~/~~
Ci Clerk
(Corporate Seal)
Surety, Red
QI'^ll.RIJNVII.LAS 611.<;19515195
"
, I
ENOLa ~rnmrrn~ @~ 1J~&rn~[l1]U1I1J&~
HOMES, INC.
.
123 N.W. 13th Street. Suite 300 . Boca Raton, FL 33434
Boca 407-391-4012
West Palm Beach 407-833-1894
Broward 305-763-1551
Toll Free 1-800-624-3960
TO C i~ A- F~;~ r?eeeL-
l 00 g . l?DJ Vl~ ee~ &I\J~.
I?o~ ~} fl- 7742-7" -o~IO
WE ARE SENDING YOU ~ Attached 0 Under separate cover via the following items:
o Shop drawings
o Prints
o Plans
o Samples
o Specifications
o Copy of letter
o Change order
o
ey \' Se.J
COPIES
DATE
NO,
THESE ARE TRANSMITTED as checked below:
~or approval 0 Approved as submitted
o For your use 0 Approved as noted
o As requested 0 Returned for corrections
o For review and comment 0
o FOR BIDS DUE
o Resubmit
o Submit
o Return
copies for approval
copies for distribution
corrected prints
19
o PRINTS RETURNED AFTER LOAN TO US
REMARKS
SIGNED: ~)
COPY TO
II enclosures are not as noted. kindly notify us at once.
PREPARED BY:
JEFFREY D. KNEEN, ESQ.
Levy, Kneen, Wiener,
Kornfeld & del Russo, P.A.
1400 Centrepark Boulevard
suite 1000
West Palm Beach, FL 33401
Redline Revision 6/28/94
underlining = words edited
^ = words deleted
DECLARATION OF RESTRICTIONS
FOR
QUAIL RUN VILLAS
THIS DECLARATION, made by ENGLE HOMES/PALM BEACH, INC., a
Florida corporation, whose address is suite 300, 123 N.W. 13th
Street, Boca Raton, Florida 33432, hereinafter referred to as
"Declarant";
WIT N E SSE T H:
WHEREAS, Declarant is the owner of certain property in Palm
Beach County, Florida, more particularly described in EXHIBIT A
affixed hereto and made a part hereof, and is desirous of subjecting
such real property to the covenants, conditions and restrictions
hereinafter set forth, each and all of which are for the benefit of
such property and each present and future owner and shall apply to
and bind every present and future owner of said property and their
heirs, successors and assigns; and,
NOW, THEREFORE, Declarant hereby declares that the real
property described in EXHIBIT A is and shall be held, transferred,
sold, conveyed, used and occupied subject to the covenants,
conditions and restrictions hereinafter set forth:
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to QUAIL RUN
VILLAS HOMEOWNERS ASSOCIATION, INC., its successors and assigns.
Section 2. "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of a fee simple title to
any Unit including contract sellers, but excluding those having such
interest merely as security for the performance of an obligation.
Section 3. "Properties" shall mean and refer to that certain
real property described in EXHIBIT A affixed hereto and made a part
hereof, and such additions thereto as may hereafter be brought
within the jurisdiction of the Association.
Section 4. "Common Area" shall mean all real property (and
interests therein and improvements thereon) and personal property
owned or leased by or dedicated to the Association for the common
use and enjoyment of the owners. Ini tially, the Common Area shall
consist of Streets, Easements and Tracts dedicated to the
Association in the "Quail Run Villas" plat recorded in Plat
Book , Page ____, Palm Beach County, Florida.
Section 5. "Unit" shall mean each platted lot upon the
Properties on which a single family, residential dwelling is
constructed by Declarant and conveyed by recorded deed to a
purchaser thereof (unless otherwise specifically stated to the
contrary in such deed). Once a Unit is so created, no further
resubdivision shall be permitted. It is anticipated that buildings
will be constructed containing multiple units, separated by Party
Walls (See Article XIV hereof for Party Wall provisions) .
1038d/0065d:1
Section 6. "Declarant" shall mean and refer
Homes/Palm Beach, Inc., a Florida corporation, its
successors and assigns as set forth in ARTICLE XI hereof.
to Engle
specific
Section 7. "Articles and By-Laws". It is intended that
Articles of Incorporation for the Association be filed with the
Florida Secretary of State, substantially in the form attached
hereto as EXHIBIT B, and By-Laws for the Association be adopted
substantially in the form attached hereto as EXHIBIT C.
Section 8. "Public Records" shall mean the public records of
Palm Beach County, Florida, as recorded in the Clerk of the Circuit
Court's office thereof.
Section 9. "Master Association" shall mean and refer to
QUAIL RUN MASTER ASSOCIATION, INC., a not-for-profit Florida
corporation, which was created for the purpose of administering the
operation and management of all the common areas within Quail Run,
located in Boynton Beach, Palm Beach County, Florida, and to
undertake such acts and duties as more specifically set forth in the
Master Declaration. Please refer to Article XVII of this
Declaration for more information pertaining to the Master
Association.
Section 10. "Master Declaration" shall mean and refer to the
Declaration of Covenants, Restrictions, Easements and Liens for
Quail Run recorded in Official Records Book 5509, Page 198, as
amended, in the Public Records of Palm Beach County,
Florida. "Institutional Mortgagee" shall mean a bank, savings and
loan association, insurance company, real estate or mortgage
investment trust, pension fund, an agency of the united States
Government, a mortgage banker, any other lender generally recognized
as an institutional type-lender, or Declarant, holding a mortgage on
a Unit.
ARTICLE II
ANNEXATION AND WITHDRAWAL
Section 1. Annexation of Declarant. until such time as
Class B Membership in the Association has ceased pursuant to the
provisions of ARTICLE IV hereof, additional residential property
and/or Common Area may be annexed to the Properties with the consent
and approval of Declarant. Except for applicable governmental
approvals, no consent from any other party, including Class A
members, or any mortgagees of any Units shall be required. Such
annexed lands shall be brought within the scheme of this Declaration
by the recording of a short form Notice of Declaration that shall be
executed by Declarant in the Public Records. The short form of
Declaration shall refer to this Declaration and shall, unless
specifically otherwise provided, incorporate by reference all the
terms, protective covenants and conditions of this Declaration,
thereby subjecting said annexed lands to such terms, covenants,
condi tions and restrictions as fully as though said annexed lands
were described herein as a portion of the properties. Such Notice
of Declaration may contain such additions or modifications of the
covenants and restrictions contained in this Declaration as may be
necessary to reflect the different character, if any, of the added
land and as are not inconsistent with the scheme of this
Declaration. In no event, however, shall such a Notice of
Declaration revoke, modify or add to the covenants established by
this Declaration as to the Properties.
section 2. Annexation by Members. At such time
Membership has ceased pursuant to the provisions of
hereof, additional lands may be annexed with the
two-thirds (2/3rds) of the vote of the membership in the
and applicable governmental approvals.
as Class B
ARTICLE IV
consent of
Association
1038d/0065d:2
"
Section 3. Withdrawal. For a period of five years from the
date of recordation of this Declaration, the Declarant shall be
entitled to withdraw any portion of the Properties which are
described in Exhibit A affixed hereto (or any additions thereto
which may be annexed in accordance with the provisions of section I
of this Article II) from the provisions and applicability of this
Declaration and the Articles and By-Laws attached hereto, by record-
ing a notice thereof in the Public Records; provided, however, that
this right of Declarant to withdraw shall not apply to any portions
of the Properties which have been conveyed to a Purchaser thereof
unless said right is specifically reserved in such conveyance. The
withdrawal of any portion of the Properties as hereinabove stated
shall not require the consent or joinder of any other party,
including any Owner, the Association, or any Mortgagee of the
Properties, provided applicable governmental approvals are obtained.
Section 4. Dissolution. In the event of the dissolution of
the Association, other than incident to a merger or consolidation,
any Member may petition the circuit Court of the Fifteenth Judicial
circuit of the State of Florida for the appointment of a receiver to
manage the affairs of the dissolved Association and to manage the
Properties, in the place and instead of the Association, and to make
such provisions as may be necessary for the continued management of
the affairs of the dissolved Association and the Properties.
ARTICLE III
PROPERTY RIGHTS
-~
Section 1. Owners' Easements of Enjoyment. Every Owner
shall have a right and easement of enjoyment in and to the Common
Area for its intended purpose, which shall be appurtenant to and
shall pass with the title to every Unit, subject to the following
provisions:
(a) The right of the Association to suspend the
voting rights and right to use all or a portion of the Common Area
by an Owner for any period during which any assessment against his
Unit remains unpaid and for a period not to exceed sixty (60) days
for any infraction of its published rules and regulations; provided,
however, that an Owner may not be denied access, ingress, or egress
to his Unit. In the event of such suspension, Owner shall not be
entitled to any abatement or reduction in assessments due the
Association.
(b) The right of the Association to dedicate or
transfer all or any part of the Common Area to any public agency,
authority, or utility for such purposes and subject to such condi-
tions as may be agreed to by the members. No such dedication or
transfer shall be effective without consent of two-thirds (2/3) of
the votes of the Association, and without prior written consent of
Declarant.
(c) Rules and regulations adopted by the Association
governing use and enjoyment of the Common Area.
(d) The right of the Association to grant permits,
licenses, and easements over the Common Area for utili ties, roads,
and other purposes reasonably necessary or useful for the proper
maintenance or operation of the Properties.
section 2. Delegation of Use. Any Owner may delegate by
written instrument to the Association his right of enjoyment to the
Common Area and facilities to specified members of his family, his
tenants, or contract purchasers who reside on the property.
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every Owner of a unit shall be
Association. Membership shall be appurtenant to
separated from ownership of any Unit.
a member of the
and may not be
1038dj0065d:3
Section 2. The Association shall have two classes of voting
membership:
Class A. Class A members shall be all Owners, and
shall be entitled to one vote for each unit owned. When more than
one person holds an interest in any Unit, all such persons shall be
members. The vote for such Unit shall be exercised as they
determine, but in no event shall more than one vote be cast with
respect to any unit.
Class B. The Class B members shall be the Declarant
and shall be entitled to two hundred fifty (250) votes. The Class B
membership shall cease on the happening of one of the following
events, whichever occurs earlier:
(a) Four (4) months after 75% of the Units that
will be ultimately operated by the Association have been conveyed to
unit purchasers; or,
(b) Five (5) years following conveyance of the
first unit in the Properties to a Unit purchaser; or,
(c)
Such
earlier
date
as
Declarant
may
determine.
ARTICLE V
COVENANT FOR ASSESSMENTS
Section 1. Payment of Assessments. The Declarant hereby
covenants, creates and establishes, and each Owner of a Unit, by
acceptance of a deed or instrument of conveyance for the acquisition
of title in any manner, shall hereafter be deemed to have covenanted
and agreed to pay to the Association the following dues, fees,
charges and assessments, subj ect to the provisions of section 3 of
this ARTICLE V:
(a) An annual assessment or charge for the purpose of
operating the Association and accomplishing any and all of its
purposes including but not limited to assessments for the
maintenance responsibilities as to the Units as set forth in Article
VI and assessments due to the Master Association as set forth in
ARTICLE XVII hereof. The Association may include "Reserves" in the
annual assessment in order to establish and maintain an adequate
reserve fund for such purposes as determined by the Board of
Directors. Such assessments shall be in equal amounts against the
Owners of each unit.
(b) Any Common special assessments for capital
improvements to the Common Area, emergencies, or non-recurring
expenses of the Association which shall be in equal amounts against
the Owners of each unit.
(c) Individual special assessments to each applicable
Unit, as determined by the Association, including but not limited to
assessments for maintenance of dwelling exteriors and roofs as set
forth in Articles XIII and XIV hereof and for any special charges to
be paid by an Owner, as hereinafter set forth.
(d) Charges incurred in connection with the
enforcement of any of the terms and conditions hereof, including
reasonable attorney fees and costs.
(e) Fees or charges that may be established for the
use of facilities or for any other purpose deemed appropriate by the
Board of Directors of the Association.
Section 2. Creation of the Lien and Personal Obligation of
Assessments. The Declarant, for each unit owned within the
Properties hereby covenants, and each Owner of any unit by
acceptance of a deed or instrument of conveyance for the acquisition
of title in any manner, whether or not it shall be so expressed in
1038d/0065d:4
"
such deed or instrument, is deemed to covenant and agree that the
annual and special assessments, or other charges and fees set forth
in section I hereof, together with interest, late fees, costs, and
reasonable attorneys' fees, shall be a charge on the land and shall
be a continuing lien upon the unit against which each such
assessment is made. The lien is effective from and after recording
a Claim of Lien in the Public Records, stating the description of
the Unit, name of the Owner, amount due and the due dates. Each
such assessment, together with interest, late fees, costs, and
reasonable attorneys' fees, shall also be the personal obligation of
the person who was the Owner of such property at the time when the
assessment fell due, as well as his heirs, devisees and personal
representatives.
Section 3. Commencement of First Assessment. Assessments
provided herein shall first commence as to each Unit on the day of
the conveyance of title of each unit by Declarant (unless otherwise
specifically set forth by Declarant in such conveyance to the
contrary). The annual assessments in effect at that time shall be
adjusted according to the number of months remaining in the calendar
year after such date.
Section 4. Establishment of Assessments. The Board of
Directors of the Association shall approve and establish all sums
which shall be payable by the members of the Association in
accordance with the following procedures:
(a) Annual assessments against the Owners of all of
the units shall be established after the adoption of an operating
budget, and written notice of the amount and date of commencement
thereof shall be given to each Owner not less than thirty (30) days
in advance of the date thereof. Annual assessments shall be payable
at such time or times as the Board of Directors shall direct which
shall be monthly until otherwise directed.
(b) Special Assessments against the Owners and all
other fees, dues and charges, including assessments for the creation
of reasonable reserves, may be established by the Board of Directors
at any regular or special meeting thereof, and shall be payable at
such time or times as the Board of Directors shall direct.
(c) The Board of Directors may, from time to time,
establish by a resolution, rule or regulation, or may delegate to an
officer or agent, the power and authority to establish specific
fees, dues or charges to be paid by Owners of units for any special
or personal use of facilities, or to reimburse the Association for
the expenses incurred in connection with the enforcement of any of
the terms of this Declaration. Such sums shall be payable by the
affected member at such time or times as shall be established by the
resolution, rule or regulation of the officer or agent.
(d) The Association shall prepare a roster of the
units and assessments applicable thereto which shall be kept in the
office of the Association and shall be open to inspection by any
Owner. The Association shall, upon demand, furnish an Owner liable
for said assessment, a certificate in writing signed by an officer
of the Association, setting forth whether the assessment has been
paid and/or the amount which is due as of any date. As to parties
without knowledge of error, who rely thereon, such certificates
shall be conclusive evidence of payment or partial payment of any
assessment therein stated having been paid or partially paid.
(e) Declarant may establish a Working Capital Fund
for the initial months of operation of the Association, which shall
be collected by the Declarant from each Unit Purchaser at the time
of conveyance of each Unit to such Purchaser in an amount equal to
two months of the annual assessment for each Unit. Each unit's
share of the Working Capital Fund shall be collected and transferred
to the Association at the time of closing of the sale of each Unit
and for the use and benefit of the Association. The purpose of this
fund is to assure that the Association's Board of Directors will
have cash available to meet expenditures, or to acquire additional
l038d/0065d:5
equipment or services deemed necessary or desirable by the Board of
Directors. Amounts paid into the fund are not to be considered as
advance payment of regular assessments. In the event that, during
the startup of the Association, the Association does not have
adequate working capital to meet its expenses, the Declarant may,
but is not obligated to, advance funds on behalf of the Association
and to be reimbursed by the Association from such Working Capital
Fund.
section 5. Effect of Nonpayment of Assessments;
Remedies of the Association. If any assessment is not paid within
thirty (30) days after the due date, a late fee of $25.00, beginning
from the due date, may be levied by the Board of Directors for each
month the assessment is unpaid. The Association may at any time
thereafter bring an action at law against the Owner personally
obligated to pay the same, and/or foreclose the lien against the
property. The Association shall not be required to bring such an
action if it believes that the best interests of the Association
would not be served by doing so. There shall be added to the
assessment all costs and expenses, including attorneys' fees,
required to collect same. 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 unit.
Section 6. Subordination of the Lien to Mortgages. As
hereinabove provided in section 2, the lien of the Association for
assessments and other charges of the Association becomes effective
from and after recording of a Claim of Lien in the Public Records.
This lien of the Association shall be subordinate to a first
mortgage on any unit or to a mortgage by an Institutional Mortgagee
on any Unit, which mortgage is recorded in the Public Records prior
to any said Claim of Lien against the same unit being recorded in
the Public Records. A lien for assessments shall not be affected by
any sale or transfer of a Unit; provided, however, that in the event
of a sale or transfer pursuant to a foreclosure of a first mortgage,
a foreclosure of a mortgage held by an Institutional Mortgagee, or a
deed in lieu of foreclosure of a first mortgage or of a mortgage
held by an Institutional Mortgagee, the acquirer of title, his
successors and assigns, shall not be liable for assessments
pertaining to the unit or chargeable to the former owner of the unit
which became due prior to such sale or transfer. However, any such
unpaid assessments for which such acquirer of title is not liable,
may be reallocated and assessed to all units (including such
acquirer of title) as an Association expense. Any such sale or
transfer pursuant to a foreclosure or deed in lieu of foreclosure
shall not relieve the Purchaser or Transferee of a unit from
liability for, nor the unit from the lien of, any assessments made
thereafter. Nothing herein contained shall be construed as
releasing the party liable for any delinquent assessments from the
payment thereof, or the enforcement of collection by means other
than foreclosure.
section 7. Loans to Association. In the event that the
Association does not have sufficient cash available to meet its
expenses, the Board of Directors of the Association is authorized to
borrow money from Declarant, who may, in its sole discretion, loan
money to the Association for such purposes. In the event of such a
loan, the Association shall repay such loans to the Declarant at
such time as the cash flow of the Association so permits. In the
event of such a loan, it may be evidenced by a promissory note
executed by Association, bearing a reasonable interest rate, and
other terms as mutually agreed by Declarant and Association.
ARTICLE VI
MAINTENANCE OBLIGATION OF ASSOCIATION
Section 1. Common Area. The Association shall at all times
maintain, repair and replace at its expense all Common Areas,
including all landscaping and other improvements placed thereon, in
good condition and repair.
l038d/0065d:6
Section 2. Building Exterior Maintenance. Each of the units
are contained in a multi-unit building, as originally constructed by
Declarant. The Board of Directors of the Association shall
determine, from time to time, at its sole discretion, when the
exterior surfaces of an entire building, and/or any attached fences,
should be repainted or refinished; and when the roof of an entire
building should be cleaned or the roofing materials repaired or
replaced. The Association shall so inform each of the unit Owners
within that building. Such maintenance services shall be contracted
for and paid by the Association and the unit Owners shall not
interfere with such maintenance services. All other maintenance,
repair and replacement of improvements of a unit shall be the
obligation of the Owner thereof.
Section 3. unit Landscaping. The Association shall maintain
all landscaping, vegetation, grass, plants, trees and the like upon
each Unit. If any of the foregoing landscaping upon a unit requires
replacement, it shall be at the expense of the ~ssoQigtiq~"
Section 4. Sprinkler System. The sprinkler system is the
property of, and the responsibility of, the Association. The
Association shall maintain the sprinkler system located in the
Common Area and on every unit in good condition and repair. The
Association shall be entitled to enter upon all units for purposes
of maintaining and operating the sprinkler system. An Owner shall
not interfere with repair, maintenance or operation of the sprinkler
system on his unit.
section 5. Right of Entry by Association. Whenever it is
necessary to enter a Unit, or the dwelling thereon, for the purpose
of inspection, including inspection to ascertain an Owner's
compliance with the provisions of this Declaration, or for
performance of any maintenance, alteration or repair to any portion
of the dwelling or improvements upon the Unit, the Owner thereof
shall permit an authorized agent of the Association to enter such
dwellings, or go upon the Unit, provided that such entry shall be
made only at reasonable times. In the case of emergency such as,
but not limited to, fire or hurricane, entry may be made at any
time. Each Owner does hereby appoint the Association as its agent
for the purposes herein provided and agrees that the Association
shall not be liable for any alleged property damage or theft caused
or occurring on account of any entry.
Section 6. Others. The Association may, as determined from
time to time by the Board of Directors, maintain vegetation,
landscaping and/or sprinkler system upon areas which are not within
the Properties but near the same and are owned by a utility or
governmental authority, so as to enhance the appearance of the
Properties, such as swale areas or median areas within the right of
way of abutting public streets, roads and areas within drainage
canal rights of ways or other abutting waterways.
ARTICLE VII
MAINTENANCE OBLIGATION OF UNIT OWNERS
section 1. Owner's Responsibility. Each unit Owner is
responsible for the repair, maintenance and/or replacement at his
expense of all portions of the dwelling and other improvements
constructed on his unit except for the maintenance duties of the
Association as hereinabove provided. Accordingly, each Owner shall
maintain at his expense the interior of the dwelling, including but
not limited to, all doors (except the exterior surface thereof),
windows, glass, screens, electric panels, electric wiring, electric
outlets and fixtures, heaters, hot water heaters, refrigerators,
dishwashers and other appliances, drains, plumbing fixtures and
connections and all air conditioning equipment. Further, each Owner
shall maintain at his expense all structural, electrical, mechanical
l038d/0065d:7
and plumbing elements thereof. Owner is strictly prohibited from
performing any maintenance duties of the Association without prior
consent from the Board of Director and Architectural Committee,
including the painting and cleaning of the exterior surfaces of the
walls (except for windows and screens) and roofAlocated on a Unit,
and is prohibited, wi thout said consent, '!'rom planting any
additional landscaping.
section 2. Owner Liability.
following:
Should any Owner do any of the
(a) Fail to perform the responsibilities as set forth
in section 1 of this ARTICLE VII; or,
Association
replace; or,
(b)
has
Cause any damage
the responsibility
to
to
any improvement which the
maintain, repair and/or
(c) Undertake unauthorized improvements or
modifications to his dwelling or to any other portion of his unit or
to the Common Area, as set forth herein.
The Association, after approval of two-thirds (2/3rds) vote
of the Board of Directors and ten days prior written notice, shall
have the right, through its agents and employees, to enter upon said
unit and cause the required repairs or maintenance to be performed,
or as the case may be, remove unauthorized improvements or
modifications. The cost thereof, plus reasonable overhead costs to
the Association, shall be an individual special assessment to the
subject Owner and his unit.
ARTICLE VIII
EASEMENT FOR ENCROACHMENTS
In the event that any dwelling or other improvement upon a
unit or upon Common Area, as originally constructed by Declarant,
shall encroach upon any unit or improvement thereon, or upon the
Common Area, then an easement appurtenant to such shall exist for so
long as such encroachment shall naturally exist.
ARTICLE IX
ARCHITECTURAL COMMITTEE
section 1. Approval Necessary. The provisions hereof are in
addi tion to the Architectural Control provisions in Article 12 of
the Master Declaration. No building, outbuilding, garage,A wall,
retaining wall, or other structure of any kind shall be e-r~cted,
constructed, placed or maintained on the Properties, nor shall any
dwelling or other improvements on each Unit, as originally
constructed and provided by Declarant, be altered, changed, repaired
or modified unless prior to the commencement of any work thereof,
two complete plans and specifications therefor, including, as
applicable, front, side and rear elevations, and floor plans, and
two plot plans indicating and fixing the exact location of such
improvements, structures or such altered structure on the Unit with
reference to the street and side lines thereof, shall have been
first submitted in writing for approval and approved in writing by
an Architectural Committee. The foregoing prior approval is
intended to specifically apply to the painting of a dwelling or any
other maintenance or repair which changes the exterior appearance of
a dwelling or other improvements on a Unit.
section 2. Membership
to
Committee.
The
Architectural
1038d/0065d:8
commi ttee shall, until their successors are appointed, consist of
the following:
Mark Bidwell
Greg pillen
Dawn McCaffrey
until such time as Declarant's Class B membership expires as
provided in Article IV hereof, in the event of the resignation,
failure, refusal or inability of any member to act, Declarant shall
have the right to appoint a person to fill such vacancy, and in the
event Declarant fails to fill such vacancy within thirty (30) days
of such occurrence, and upon the expiration of said Class B
membership, the Board of Directors shall select and fill any such
vacancy by appointment for a term as determined by the Board.
section 3. Endorsement of Plans. Approval of plans,
specifications and location of improvements by the Architectural
Committee shall be endorsed on both sets of said plans and
specifications, and one set shall forthwith be returned by the
Architectural Committee to the person submitting the same. The
approval of the Architectural Committee of plans or specifications
submitted for approval, as herein specified, shall not be deemed to
be a waiver by the Architectural Committee of the right to object to
any of the features or elements embodied in such plans or
specifications if and when the same features and elements are
embodied in any subsequent plans and specifications submitted for
approval for use on other Units.
section 4. Construction to be in Conformance with Plans.
After such plans and specifications and other data submitted have
been approved by the Architectural Committee, no building,
outbuilding, garage,Awall, retaining wall, or other improvements or
structures of any'~ind shall be erected, constructed, placed,
altered or maintained upon the Properties unless the same shall be
erected, constructed or altered in conformity with the plans and
specifications and plot plans theretofore approved by the
Architectural Committee.
section
year from the
such structure
the provisions
shall have been
shall have been
5. Deemed Approval. After the expiration of one
date of completion of any structure or alteration,
or alteration shall be deemed to comply with all of
of this ARTICLE IX unless notice to the contrary
recorded in the Public Records, or legal proceedings
instituted to enforce such compliance.
section 6. Right of Entry. Any agent or member of the
Architectural Committee may at any reasonable time enter and inspect
any building or property subject to the jurisdiction of the
Architectural Committee under construction or on or in which the
agent or member may believe that a violation of the covenants,
restrictions, reservations, servitudes or easements is occurring or
has occurred.
section 7. Declarant Exempt. The Declarant, Units owned by
Declarant and improvements made by Declarant shall be exempt from
the application of this ARTICLE IX and Declarant therefore is not
obligated to comply with the provisions hereof.
ARTICLE X
RIGHTS OF DECLARANT
section 1. Sales Office. For so long as the Declarant owns
any property affected by this Declaration the Declarant shall have
1038d/0065d:9
section 2. Temporary Structures. No temporary or permanent
utility or storage shed, building, tent, structure or improvement
shall be constructed, erected or maintained without the prior
approval of the Architectural Committee.
section 3. Pets. No animals, livestock or poultry of any
kind shall be permitted within the Property except for common
household domestic pets. No pit bull dogs are permitted. Any pet
must be carried or kept on a leash when outside of a unit or fenced
or walled-in area. No pet shall be kept outside of a unit unless
someone is present in the unit. Any pet must not be an unreasonable
nuisance or annoyance to other residents of the subject Property.
Any resident shall pick up and remove any solid animal waste
deposited by his pet on the Property, except for designated pet-walk
areas, if any. No commercial breeding of pets is permitted within
the Property. The Master Association or this Association may
require any pet to be immediately and permanently removed from the
Property due to a violation of this Paragraph.
section 4. Pools.
structure or appurtenant
maintained on any Unit,
without prior approval of
No swimming pool, jacuzzi
equipment shall be constructed,
such that it is visible from
the Architectural Committee.
or similar
erected or
any street
section 5. Boats and Trailers. The parking and storage of
boats, boat trailers, campers or trailers or the like is prohibited
without the prior written consent of the Association, unless fully
enclosed and stored within a garage upon a Unit.
section 6. Vehicles. Only automobiles, vans constructed as
private passenger vehicles with permanent rear seats and side
windows, and other vehicles manufactured and used as private
passenger vehicles, may be parked within the Property overnight
without the prior written consent of the Association, unless kept
within an enclosed garage. In particular and without limitation, no
vehicle shall be parked outside of a unit overnight without the
prior written consent of the Association if commercial lettering or
signs are painted to or affixed to the vehicle, or if commercial
equipment is placed upon the vehicle, or if the vehicle is a truck,
recreational vehicle, camper, trailer, or other than a private
passenger vehicle as specified above. Notwithstanding the
foregoing, automobiles owned by governmental law enforcement
agencies are expressly permitted. The foregoing restrictions shall
not be deemed to prohibit the temporary parking of commercial
vehicles while making delivery to or from, or while used in
connection with providing services to, the Property. All vehicles
parked within the Property must be in good condition, and no vehicle
which is unlicensed or which cannot operate on its own power shall
remain within the Property for more than 24 hours, and no major
repair of any vehicle shall be made on the Property. Motorcycles,
motorscooters, mopeds, and the I ike are not permitted except with
the prior written consent of the Association which may be withdrawn
at any time, and if permitted must be equipped with appropriate
noise muffling equipment so that the operation of same does not
create an unreasonable annoyance to the residents of the Property.
section 7. Signs. No signs, except as approved by the
Architectural Committee, shall be placed, erected or displayed on
any Unit, provided, however, a "For Sale" or "For Rent" sign no
larger than eighteen (18) inches by eighteen (18) inches shall be
permissible.
section 8. Businesses. No trade or business shall be
conducted, nor any commercial use made of any unit.
section 9. Sanitation. All Units shall be kept in a clean
and sanitary manner and no rubbish, refuse or garbage allowed to
accumulate, or any fire hazard allowed to exist.
section 10. Nuisances. No nuisance shall be allowed upon any
unit or any use or practice that is a source of annoyance to other
unit Owners or interferes with the peaceful possession and proper
use of the Units by the residents thereof.
1038dj0065d:11
section 11. Unlawful Use. No improper, offensive or unlawful
use shall be made of any unit and all valid laws, zoning ordinances
and regulations of all governmental bodies having jurisdiction shall
be strictly observed.
Section 12. Antennas. No television or radio masts, towers,
poles, antennas or aerials may be erected, constructed, or
maintained.
section 13. Residential Use. Each unit is restricted to
residential use as a single family residence by the Owner or Owners
thereof, their immediate families, guests and invitees, or their
lessees.
section 14. Use. No person shall use the unit or any parts,
thereof, in any manner contrary to this Declaration.
Section 15. Interference with Completion. No Owner nor the
Architectural Committee, nor their use of any Units, shall interfere
with the Declarant's completion and sale of the units.
Section 16. Clothes Lines. No clothes, linens, or the like,
shall be hung on clothes lines or in any other manner, outside of a
dwelling such that the same is visible from any street.
Section 17. Fences. No fences shall be oermitted on anv Uni~
section 18. Water Systems. No individual water supply system
shall be permitted on any unit.
Section 19. Not Applicable to Declarant. The above
restrictions set forth in this ARTICLE XII shall not apply to
Declarant or its agents, employees, successors or assigns during the
period of construction and sales of the Properties.
ARTICLE XIII
ROOF REPAIR OR REPLACEMENT
Section 1. Roof. It is contemplated that the roof of each
building constructed upon the units will extend over all of the
dwellings in each building and shall be a common roof. In the event
that a portion of a roof requires repair or replacement pursuant to
ARTICLES VI and VII hereof, then the cost thereof in excess of
insurance proceeds, if any, shall be shared prorata by the Owners of
the Units over which that portion of the roof to be repaired or
replaced is situated; provided, however, that in the event that
damage or destruction is confined to the roof area wholly within the
dimensions of a single Unit, cost of repair and replacement thereof
which is in excess of insurance proceeds, if any, shall be paid by
the Owner of said single Unit. If the damage or destruction of
adjacent roof areas is caused by the negligence or willful
misconduct of anyone Owner, such negligent Owner shall bear the
entire cost of repair or replacement, in excess of insurance
proceeds. If any Owner shall neglect or refuse to perform the
maintenance as required in this Declaration or pay his share, or all
of such cost, as the case may be, any other affected Owner may have
such roof repaired or replaced and shall be entitled to file in the
Public Records a lien on the Unit of the other Owner so failing to
pay for the amount of such defaulting Owner's share of the repair or
replacement cost plus attorneys' fees and costs, which may be
foreclosed in the same manner as a lien of a mortgage. If an Owner
shall give, or shall have given a mortgage or mortgages upon his
Unit, then the mortgagee shall have the full right at his option to
exercise the rights of his mortgagor as an Owner hereunder and, in
addition, the right to add to the outstanding balance of such
mortgage any amounts paid by the mortgagee for repairs hereunder and
not reimbursed to said mortgagee by the Owners.
1038d/0065d:12
Section 2. Arbitration. In the event of any dispute arising
under the provisions of this Article, any party may request the
Board of Directors to settle the dispute, and the Board's decision
shall be binding, provided, however, that the Board may elect not to
act in this capacity, in which case each party shall choose an
arbi trator and such arbi trators shall choose one addi tional
arbitrator, and the decision shall be a majority of all the
arbitrators and shall be binding.
ARTICLE XIV
PARTY WALLS
Section 1. General Rules of Law to Apply. Each wall which
is built as a part of the original construction of the dwellings
(including fences, if any) upon the Properties and placed on the
dividing line between the units shall constitute a party wall, and,
to the extent not inconsistent with the provisions of this Article,
the general rules of law in the State of Florida regarding party
walls and liability for property damage due to negligence or willful
acts or omissions shall apply thereto.
section 2. Sharing of Repair and Maintenance. The cost of
reasonable repair and maintenance of a party wall shall be shared
equally by the Owners of the units abutting same except as otherwise
may be provided in ARTICLE VI hereof as to the Association's
responsibilities.
section 3. Destruction by Fire or Other Casualty. If a
party wall is destroyed or damaged by fire or other casualty, any
Owner of an adjoining unit may restore it, and in the event the cost
thereof is in excess of the insurance proceeds, the Owners of the
other adjoining unit shall contribute equally to pay such excess
without prejudice, however, to the right of any such Owner to call
for a larger contr ibution from the others under any rule of law
regarding liability for negligent or willful acts or omissions.
section 4. Weatherproofing. Notwithstanding any other
provision of this Article, an Owner who by his negligent or willful
act causes the party wall to be exposed to the elements shall bear
the whole cost of furnishing the necessary protection against such
elements.
section 5. Rights to contribution Runs with Land. The right
of any Owner to contribution from any other Owner under this Article
shall be appurtenant to the land and shall pass to such Owner's
successors in title. If any Owner shall neglect or refuse to pay
his share under the provisions of this Article, any other affected
Owner is entitled to file a lien in the Public Records on the Unit
of the defaulting Owner in the amount of such share plus attorneys'
fees and costs, which may be foreclosed in the same manner as a lien
of a mortgage.
section 6. Arbitration. In the event of any dispute arising
concerning a party wall, or under the provisions of this Article,
any party may request the Board of Directors to settle the dispute,
and the Board's decision shall be binding, provided, however, that
the Board may elect not to act in this capacity, in which case each
party shall choose an arbitrator and such arbitrators shall choose
one additional arbitrator, and the decision shall be a majority of
all the arbitrators and shall be binding.
Section 7. Alterations. The Owner of any unit sharing a
party wall with an adjoining Unit shall not possess the right to cut
windows or other openings in the party wall, nor make any
alterations, additions or structural changes in the party wall
without consent from the Owner of such adjoining unit.
Section 8. Perpetual Use. Each
constructed on the dividing line between
remain a party wall for the perpetual
respective owners thereof, their heirs,
common wall to
the units is to be
use and benefit of
assigns, successors
be
and
the
and
l038dj0065d:13
grantees, said Units being conveyed subject to this condition and
this condition shall be construed to be a covenant running with the
land in perpetuity.
section 9. Mortgagees Protections. So long as there shall
be a mortgage or mortgages upon any Units, the provisions of this
ARTICLE XIV shall not be modified, abandoned, or extinguished as to
that unit without the consent of such mortgagee. If a unit Owner
shall give or shall have given, a mortgage or mortgages upon his
Unit, then the Mortgagee shall have the full right at his option to
exercise the rights of his mortgagor as an Owner hereunder and in
addition, the right to add to the outstanding balance of such
mortgage any amounts paid by the mortgagee for repair hereunder and
not reimbursed to said mortgagee by the unit Owner.
section 10. Right of Access. In the event repairs or
reconstruction shall be necessary, all necessary entries on the
adjacent units shall not be deemed a trespass so long as the repairs
and reconstruction shall be done in a workmanlike manner and consent
is hereby given to enter on the adjacent unit to effect necessary
repairs and reconstruction.
section 11. Location of Reconstruction. Whenever a party
wall or any part thereof shall be rebuilt, it shall be erected in
the same manner and at the same location where it shall initially be
constructed and shall be the same size and of the same or similar
materials and of like quality.
ARTICLE XV
INFORMATION TO LENDERS AND UNIT OWNERS
section 1. Records Available. The Association shall make
available to unit Owners and to holders, insurers, or guarantors of
any first mortgage on any Unit, current copies of this Declaration
of Restrictions, the Articles of Incorporation or By-Laws of the
Association, other rules concerning these Properties and the books,
records and financial statements of the Association. "Available"
means available for inspection, upon request, during normal business
hours or under other reasonable circumstances.
section 2. Financial Statement. Any holder of a first
mortgage upon a unit shall be entitled, upon written request, to a
financial statement of the Association for the immediately preceding
fiscal year.
section 3. Notices. Upon written request to the Association
by a holder, insurer, or guarantor of any first mortgage of a unit
(hereinafter referred to as "Lender"), which written request shall
identify the name and address of the Lender and the unit number and
address thereof, the Lender will be entitled to timely written
notice of:
(a) Any condemnation loss or
affects a material portion of the Properties,
there is a first mortgage held by the Lender;
casualty loss which
or any unit on which
(b) Any delinquency in the payment of assessments or
charges owed by an Owner of a unit subject to a first mortgage held
by the Lender, which remains uncured for a period of sixty (60) days;
(c)
of any insurance
Association;
Any lapse, cancellation or material modification
policy or fidelity bond maintained by the
(d) Any proposed action which would require the
consent of a specified percentage of mortgage holders.
section 4. Regulations. There shall automatically be
incorporated as part of this Declaration, and, where applicable, the
Articles and Bylaws of the Association, any and all provisions which
now or hereafter may be required under the regulations or guidelines
of FNMA, FHLMC, GNMA, VA and FHA so as to make any first mortgage
1038dj0065d:14
encumbering a unit eligible for purchase by FNMA, FHLMC or GNMA, and
eligible under VA or FHA, and such provisions shall supersede any
conflicting matters contained in this Declaration, the Articles or
Bylaws, except to the extent compliance with any regulation or
guideline is waived by FNMA, FHLMC, GNMA, VA or FHA. Should FNMA,
FHLMC, GNMA, VA or FHA require an amendment to this Declaration, the
Articles or Bylaws, then such amendment may be made and filed by the
Declarant or Association without regard to any other provisions
herein contained regarding amendments, and without any requirement
of securing the consent of any unit Owner.
ARTICLE XVI
INSURANCE
section 1. units. Insurance for fire and other casualties
for units is the responsibility of each Owner of a unit. The
Association has no obligation whatsoever regarding unit insurance.
section 2. Common Areas. The Association shall purchase and
maintain a policy of property insurance covering all the Common
Areas (except land, foundation, excavation and other items normally
excluded from coverage) and any common personal property and
supplies. This insurance policy shall afford, as a minimum,
protection against loss or damage by fire and other perils normally
covered by a standard extended coverage endorsement, as well as all
other perils which are customarily covered with respect to projects
similar in construction, location and use, including all perils
normally covered by the standard "all risk" endorsement, where such
is available. This policy shall be in an amount equal to one
hundred percent (100%) of current replacement cost of the Common
Areas, exclusive of land, foundation, excavation and other items
normally excluded from coverage. The policies may not be cancelled
or substantially modified without at least ten (10) days' prior
written notice to the Association. The Association shall also
obtain, if reasonably available, the following special
endorsements: "Agreed Amount" and "Inflation Guard Endorsement".
section 3. Liability Insurance. The Association shall
maintain comprehensive general liability insurance coverage covering
all the Common Area. The coverage shall be at least for One Million
Dollars ($1,000,000.00) for bodily injury, including deaths of
persons and property damage arising out of a single occurrence.
Coverage shall include, without limitation, legal liability of the
insured for property damage, bodily injuries and deaths of persons
in connection with the operation, maintenance or use of the Common
Area, and legal liability arising out of lawsuits related to
employment contracts of the Association. Such policies must provide
that they may not be cancelled or substantially modified by any
party, without at least ten (10) days' prior written notice to the
Association.
section 5. Fidelity Bonds. The Association shall maintain a
blanket fidelity bond for all officers, directors, trustees and
employees of the Association, and all other persons handling or
responsible for funds of or administered by the Association. In the
event the Association delegates some or all of the responsibility
for the handling of the funds to a management agent, such bonds are
required for its officers, employees and agents, handling or
responsible for funds of, or administered on behalf of the
Association. The amount of the f ideli ty bond shall be based upon
best business judgment and shall not be less than the estimated
maximum of funds, including reserve funds, in custody of the
Association or the management agent, as the case may be, at any
given time during the term of each bond. However, in no event may
the aggregate amount of such bonds be less than an amount equal to
three months aggregate assessments on all Units, plus reserve
funds. The fidelity bonds required herein must meet the following
requirements:
(a) Fidelity bonds
Association as an obligee.
shall
name
the
1038dj0065d:15
(b) The bonds shall contain waivers by the
insurers of the bonds of all defenses based upon
the exclusion of persons serving without
compensation from the definition of "employee", or
similar terms or expressions;
(c) The premiums on all bonds required
herein for the Association (except for premiums on
fidelity bonds maintained by a management agent,
or its officers, employees and agents), shall be
paid by the Owner's Association as a common
expense;
(d) The bond shall provide that they may
not be cancelled or substantially modified
(including cancellation for non-payment of
premium) without at least ten (10) days' prior
written notice to the Association.
section 6. Purchase of Insurance. All insurance purchased
pursuant to this ARTICLE XVI shall be purchased by the Association
for the benefit of the Association, the Owners and their respective
mortgagees, as their interest may appear, and shall provide for the
issuance of certificates of insurance and mortgagee endorsements to
Owners and any or all of the holders of institutional first
mortgages. The policies shall provide that the insurer waives its
rights of subrogation as to any claims against Owners and the
Association, their respective servants, agents and guests. Each
Owner and the Association hereby agree to waive any claim against
each other and against other Owners for any loss or damage for which
insurance hereunder is carried where the insurer has waived its
rights of subrogation as aforesaid.
section 7. Cost and Payment of Premiums. The Association
shall pay the cost of obtaining the insurance required hereunder.
ARTICLE XVII
QUAIL RUN MASTER ASSOCIATION, INC.
This Association is a "Sub-Association" as that term is
defined in the Master Declaration. This Association, all Members of
this Association and all Owners hereunder, are subject to the terms
and provisions of the Master Declaration. All Owners of units shall
be Members of the Master Association and may participate in the
affairs of the Master Association in accordance with the Articles of
Incorporation and By-Laws of the Master Association which are
attached as exhibits to the Master Declaration. This Association is
responsible for the timely collection and remittance to the Master
Association of all assessments by the Master Association. All
Members of the Master Association have the right to use and the
benefit of all common areas held by the Master Association. The
Board of Directors of this Association shall appoint one or more
Members to act as this Association's representative on the Board of
Directors of the Master Association; the number of Members who are
to be so appointed shall be in accordance with the terms and
provisions of the Master Association.
ARTICLE XVIII
CABLE TELEVISION AND ALARM MONITORING SERVICE
section 1. Cable Television. The Board of Directors of the
Association is authorized to negotiate and enter into a bulk
contract for the provision of cable television services to the
Properties, under such terms and conditions as the majority of the
Board of Directors deems appropriate in its discretion. The costs
of basic cable television service to be provided under such bulk
contract shall be added to the Operating Budget of the Association
and shall be a portion of the annual assessment payable by the
1038d/0065d:16
Owners of all units in this Association. The provision of premium
cable services to each unit shall be determined by each individual
unit Owner, as each such unit Owner determines, and the costs for
such premium services shall be borne directly by such unit Owner.
section 2. Alarm Monitoring Service. The Board of Directors
of this Association is authorized to negotiate and enter into a
contract for the provision of an alarm monitoring service, or other
security services, under such terms and conditions as the majority
of the Board of Directors deems appropriate in its sole discretion.
The costs of such services shall be a portion of the annual
assessment and be included in the assessments of each owner of a
Unit. If so requested, all Owners shall execute a waiver of
liability agreement to the provider of such services.
ARTICLE XIX
AMENDMENTS
The covenants and restrictions of this Declaration shall run
with and bind the Properties, for a term of twenty (20) years from
the date this Declaration is recorded, after which time they shall
be automatically extended for successive periods of ten (10) years.
This Declaration may be amended at any time, and from time to time
by one of the following methods:
section 1. until such time that Class B Membership in
the Association terminates, by a vote of a majority of the Board of
Directors at a duly called meeting of the Board of Directors, and
evidenced by a certification thereof by the Secretary of the
Association and recorded in the Public Records; or
section 2. By a majority vote of Owners at a duly
called meeting of the members at which a quorum is present as
evidenced by a certification thereof by the Secretary of the
Association and recorded in the Public Records; or
section 3. By the execution and recordation in the
Public Records of an instrument executed by Owners who are entitled
to vote a majority of all of the votes of the Association.
section 4. Notwithstanding any of the above, for such
time that Declarant owns one or more Units, Declarant's written
consent must first be obtained. The Declarant shall have the right
at any time within five (5) years from the date hereof to amend this
Declaration to correct scrivener's errors or to clarify any
ambiguities determined to exist herein. No amendment shall alter
the subordination provisions of this Declaration without the prior
approval of any mortgagee enjoying such protection.
ARTICLE XX
GENERAL PROVISIONS
section 1. Enforcement. The Association, or any Owner,
shall have the right to enforce, by any proceeding at law or in
equity, all restrictions, conditions, covenants, reservations, liens
and charges now or hereafter imposed by the provisions of this
Declaration. Failure by the Association or by any Owner to enforce
any covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter. In any such suit
the prevailing party shall also be entitled to recovery of all costs
and expenses including court costs and attorneys' fees.
section 2. Severabili ty. Invalidation of anyone of these
covenants or restrictions by judgment or court order shall in no
wise affect any other provisions which shall remain in full force
and effect.
section 3. Notices.
Owner under the provisions
Any notice required to be sent to any
of this Declaration shall be deemed to
1038d/0065d:17
have been properly sent when mailed, postpaid, to the last known
address of the person who appears as Owner on the records of the
Association at the time of such mailing.
section 4. Permits, Licenses and Easements.
shall have the right to grant permits, licenses and
upon, across, under and through the Common Areas
roads and other purposes reasonably necessary or
proper maintenance and operation of the Properties,
by the Board of Directors of the Association.
The Association
easements over,
for utilities,
useful for the
as so determined
section 5. Leasing of units. In the event an Owner leases
his Unit, such lease shall contain a covenant that the Lessee
acknowledges that the unit is subject to this Declaration of
Restrictions and is familiar with the provisions hereof, and the
uses and restrictions contained herein, and agrees to abide by all
such provisions. In the event a lease of a unit does not contain
language to the effect of the foregoing, then the Association may
declare the lease void and take such further action as the
Association deems applicable, including a "removal action" against
the tenant and the unit Owner. All costs and expenses of the
foregoing shall be the cost and expense of such unit Owner. The
Owner shall be liable and fully responsible for all acts of his
Lessee and responsible for the compliance of the Lessee of all
provisions of this Declaration.
section 6. Litigation. No judicial or administrative
proceeding shall be commenced or prosecuted by the Association
unless approved by eighty percent (80%) of all the votes entitled to
be cast by all of the Owners. This section shall not apply,
however, to (a) actions brought by the Association to enforce the
provisions of this Declaration (including, without limitation, the
foreclosure of liens), (b) the imposition and collection of
assessments as provided in Article V hereof, (c) proceedings
involving challenges to ad valorem taxation, (d) counterclaims
brought by the Association in proceedings instituted against it, (e)
in an emergency where waiting to obtaining the approval of the
Owners creates a substantial risk of irreparable injury to the
Association or to Owners or to the property thereof, or (f)
defending a lawsuit instituted against the Association. This
section shall not be amended unless such amendment is made by the
Declarant or is approved by the percentage votes, and pursuant to
the same procedures, necessary to institute proceedings as provided
above.
WITNESS WHEREOF,
has hereunto set
, 1994.
the undersigned,
its hand and
being the
seal this
IN
hereunder,
of
Declarant
day
DECLARANT:
ENGLE HOMES/PALM BEACH,
Florida corporation
INC. ,
a
By
Its President
Print Name:
(CORPORATE SEAL)
1038d/0065d:18
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized to administer oaths and take acknowledgments, personally
appeared to me known to be the President
of ENGLE HOMES/PALM BEACH, INC., the corporation in whose name the
foregoing instrument was executed, and that he acknowledged
executing the same for such corporation, freely and voluntarily,
under authority duly vested in him by said corporation, and that the
seal affixed thereto is the true corporate seal of said corporation,
that he is personally known to me or that I relied upon the
following form of identification of the above-named
person:
WITNESS my hand and official seal
last aforesaid this day of
(SEAL)
l038d/0065d:19
in the County and State
, 1994.
NOTARY PUBLIC
Printed Notary Signature
My Commission Expires:
EXHIBIT A TO DECLARATION OF RESTRICTIONS FOR
QUAIL RUN VILLAS
LEGAL DESCRIPTION
All the lands within the Plat of "Quail
Run Villas", in accordance with the Plat
thereof recorded in Plat Book ,
Page , Public Records of Palm
Beach County, Florida.
MINUTES - PLANNING AND 1._.~LOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
MAY 10. 1994
paid prior to the submission of the first Building penmit application. He
further moved to recommend that the builder and staff look into the possibility
of providing extra landscape pods, as well as signage at the entrance. He
further moved to delete Police Department comment number 3. Mr. Gram seconded
the motion.
In response to Mr. Davis regarding the signage, Mr. Weigle clarified that his
motion included the recommendation that the developer and staff look into the
feasibility of installing a "no left turnll t1gn.
The motion carried 4-2. Mr. Golden and Mr. Davis cast the dissenting votes.
7. NEW BUSINESS
A. Subd1v1s1on
Pre11m1nary Plat
1.
Project Name:
Agent:
Owner:
Description:
Qua1l Run Villas a/t/a Quail Late west PUD Phases II
and I II
John Wheeler, Caulfield & Wheeler
Engel Homes
Mr. Finizio stated that the plans were reviewed by the Technical Review
Committee and were found to be in a substantial state of technical compliance.
However, there are a number of issues that have not yet been resolved by the
developer. With regard to the landscape plan for Woolbright Road, the developer
is pretty much responsible for landscaping the existing median with trees and
hedges to beautify the community. The Utilities Department detenmined that the
plan is not acceptable because of the existence of utilities. The City Forester
and the Engineering Department are in full support of the original landscape
plan.
Mr. Finizio stated that there are many off site improvements, which the devel-
oper seems to believe the original Master Association is capable of maintaining.
Yet, no such language is set forth on the plat; nor does the City have verifica-
tion from the Master Association that they intend to maintain these improve-
ments. Mr. Fin1zio explained that the problem is that if there is no mainten-
ance language on the face of the dedication sheet, the City has no way to
enforce the maintenance of the landscaping. Staff has suggested that the off
site improvements, which mayor may not be part of this plat, be listed as a
separate exhibit, attached to thj plat document, and described on the face of
the dedication sheet. The deve~per has offered an alternative suggestion which
is that he would like to enter into an separate agreement with the City,
agreeing to maintain. Mr. Finizio said he wrote the developer a letter, giving
him the option of going to the City Attorney. Mr. Finizio has not yet received
a response from either the developer or the City Attorney. Mr. Finizio stated
- 9 -
MINUTES - PLANNING AND D~.C:LOPMENT BOARD MEETING
. BOYNTON BEACH, FLORIDA
MAY 10, 1994
that we would like to protect the future residents by guaranteeing maintenance
through proper dedication language.
Mr. Finizo stated that staff will still have the right, prior to final approval
by the City Commission, to ask the developer to fine tune it if we need to ele-
vate the level of code compliance, based upon whatever this Board and the City
Commission detenmines. If this project is approved, Mr. Finizio asked that spe-
cific language be in place to compel the developer to so perfonm as he described
relative to the dedication sheet and the other off site improvements.
Mr. Weigle asked what City Code says about landscaping the medians. Mr. Finizio
advised that it holds for trees. Mr. Weigle asked if the comments of the
Utilities Department go against the Code. Mr. Finizio stated that they go
against staff comments generated by the City Forester. Mr. Weigle asked if the
Code calls for trees. Mr. Finizio indicated the Code calls for trees within the
public rights-of-way. He said the Utilities Department is merely recommending
that no trees be installed.
Mr. Haag referred to the Utilities Department's new policy of allowing Palm
trees.
Mr. Golden asked if the requirement for the landscape medians is still a
Comprehensive Plan policy. Mr. Finizio answered affirmatively.
Vice Chainman Dube recalled that everything would be a maintenance easement
except the footprint of the building and the driveway. Mr. Finizio stated that
during the landscape appeal, the City Attorney ruled that the restrictive cove-
nants documents for the association were insufficient to enforce and that he
wanted easements for those issues. Mr. Finizio stated that he is saying the
same thing about the off site improvements. He wants clear language that says
this entity maintains it in perpetuity without recourse to the City.
Mike Covelli'of Caulfield & Wheeler represented Engel Homes. He stated that the
developer has moved ahead with due diligence. He said there is a comment in
the Comprehensive Plan, but that there is nothing in the zoning code that
requires the medians and the landscaping. With regard to responsibility of the
maintenance, Mr. Covelli advised that any pervious area on the plat will be
maintained by the Assoc1ation. He stated that the City is asking him to put
language on a plat for property that is not covered by the plat and that this 1s
a violation of State Statutes. He said he cannot reference something on the
plat that is not within the hard line 11mits of that plat. He stated that the
applicant has been cooperative and has provided extra landscaping. The master
plan has been revised two or three times. He felt responsibility for main-
tenance needs to be addressed as a Master Association issue and cannot be tied
into this plat. He stated that,\here are areas outside the limits of this plat.
He was not trying to shirk responsibility. He has attempted to contact the City
Attorney four times and has been unable to reach him. He would like to do the
maintenance agreement in a fashion that is legally enforceable.
- 10 -
MINUTES - PLANNING AND -..IELOPMENT BOARD MEmNG
BOYNTON BEACH. FLORIDA
MAY 10. 1994
Mr. F1n1z1o explained that the project was platted as one large parcel of land
with a number of tracts and then phased. He felt that the responsibility for
maintenance is being shifted to innocent citizens. He felt Mr. Bidwell's com-
pany is the developer and stated that they are utilizing the lakes to discharge
stonmwater drainage and they have agreed to buffer their property. Therefore,
it goes beyond just what is on the plat. Mr. F1n1z1o suggested letting the City
Attorney resolve this matter. However, if the Board feels maintenance needs to
be guaranteed, he would like them to express that in the motion.
Mr. Finiz10 advised that pursuant to Code, this Board must establish a fair
market value for the property to detenm1ne the amount the developer has to pay
the City in lieu of dedicating land. The developer claims he purchased the
property for approximately $2,000,000. According to staff's calculations, the
developer will owe the City $29,695.60. Mr. Covelli agreed to pay that amount.
In response to Mr. Davis, Mr. F1n1zio stated that the original plat document for
the first boundary plat alludes to the fact that adjacent and abutting property
attributes to the maintenance. However, it is not certain whether Engel Homes
is now the Master Association or not.
Mr. Covelli stated that he will sign and agree to any amendments or new
agreements in order to make sure the Master Association documents very clearly
reflect that the maintenance of all the landscape areas are done in perpetuity.
He said he just needs time to get with staff and the City Attorney.
Motion
Mr. Golden moved to recommend approval of the preliminary plat submitted by John
Wheeler for Quail Run Villas, Phases II and III, for the construction plan for
176 townhouse lots, infrastructure and amenities, subject to staff comments.
Mr. Gram seconded the motion.
Mr. Weigle referred to page 3, number 1 of Engineering Department Memorandum No.
94-131 and wondered if this Board should be making a recommendation to the City
Commission regarding the landscape plan. Mr. Golden felt that some technical
issues exist, such as species, root systems, etc., and that it would be more
appropriate for staff to resolve this issue. He expressed concern regarding
making a recommendation that may create a problem for the Utilities Department.
Mr. Weigle would like to amend the motion to accept the landscape plan as pro-
posed by the developer. Mr. Golden felt this was something staff should work
out.
Mr. Haag again referred to the new recent policy esta11shed by the Utilities
Department and was willing to firk with the applicant and Engineering
Department.
Mr. Golden was willing to amend his motion to state that the developer and staff
collaborate within the confines of the Utilities Department policy to come up
with something that is aesthetic but meets their criteria too.
- 11 -
,
MINUTES - PLANNING AND ~~.iLOPMENT BOARD' MEETI.. ,~:~~ ~..
BOYNTON BEACH, FLORIDA
MAY 10, 1994
In response to Mr. Davis, Mr. Finizio said the Utilities Department indicated
there could be staggered Palms with shallow roots as long as they were not
placed over utility lines. Mr. Finizio felt that is limiting and makes no
effort toward beautification.
Mr. Davis asked if the concern is having vegetation in the way in case there 1s
a break or having vegetation causing a break. Mr. Finizio thinks the UtHit1es
Department is worried about having to remove trees if there is a break.
Mr. Golden withdrew his motion. Mr. Gram withdrew his second.
Motton
..}.. "...!
Mr. Weigle moved to approve the preliminary plat and construction plan for Quail
Run Villas PUD subject to staff comments and recommend that the City accept the
landscape plan as submitted by the develope,... . Mr. Gram seconded the motion.
Mr. Golden commented that he is in favor of the approval; however, he wants to
make sure that staff's concerns are met regarding the landscaping.
The motion carried 6-0.
Motton
Mr. Davis moved to approve the recommendation of the Technical Review Committee
and staff to accept the fair market value of $74,239 per acre, resulting in a
fee in the amount of $29,695.60 in lieu of land dedication. Mr. Weigle seconded
the motion, which carried 6-0. ':'
8. Ttme Extenstons
Description:
lacetrac
Nolan Sims, Racetrac
Northwest corner of Woolbright Road and S. W. 8th
Street
Request for a one year time extension to site plan
approval
1. Project Name:
Agent:
Location:
"
Mr. Haag stated that the original site plan was approved on April 20, 1993. On
April 4, 1994. the applicant requested an extension because some power poles are
obstructing construction and have to be removed.
Mr. Haag advised that this extension has been processed in a timely manner. The
Concurrency Review Board met on April 26, 1994 and recommended approval of the
one year extension, subject to ,"e original conditions that the City Commission
placed on this site, and subjec~to the site plan conments and this Board's com-
ments. The two conditions that were attached to this project by the City
Commission were relocating the dumpster and adding some landscaping into the
drainage area. The Building Department still has an active penm1t for this
project and is waiting for the power poles to be removed. Florida Power and
Light is in the process of removing the trees.
- 12 -
MINUTES PLAN::ING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
JANUARY 11. 1994
~hairman Lehnertz xpressed concern a ut people appearing efore the Boa with
equests like this a er the master pla .s approved and the velopment bui .
Mr. Ewing explained th the screen enclos s sit on top of th utility ease-
ment and he is trying to leviate that probl for the homeowners. He said the
utility companies do not hav problem doing aw with their portio of it
because they are not within tha three foot area, a the City does not ave
utilities there.
----- ---------~~~ -~-
----
- ----
---------~--~
situations. Ms. Heyden said she resea ed
plan modification a reduction in setba
others.
Chainman Lehnertz asked about the size 0 the screen enclosu s. He also aske
w~re the houses are in relation to the re property line. Mr. Ewing advised
tha~he houses are basically around fifteen fifteen and a hal eet from the
rear property line. The screen enclosures are a here from seven tight
feet.
Ms. ckle moved to approve the request for abandon~nt of a portion of a ten
foot w utility easement on Lots 23-30, inclusive, ~h; Meadows 3 ,Block
B. Plat 1. Mr. Golden seconded the motion, which carrie~-o. .
- -,
B. Subd1v1sons
Master Plan Modification
NO ONE WISHING TO SPEAK FOR OR AGAINST THIS PROPOSAL,
THE PUBLIC HEARING CLOSED.
Description:
Quail Lake West PUD (n/k/a Quail Run)
Michael J. Covelli, Caulfield & Wheeler
Engle Homes
S. W. 26th Street between Woolbright Road and Golf
Road (5. W. 23rd Avenue)
Request to modify the approved master plan to change
unit type, street layout, private recreation, storm-
water management, and reduce total number of units
and setbacks.
1.
Project Name:
Agent:
Own e r:
Location:
Ms. Heyden advised that this modification includes the following changes:
(1)
(2)
(3)
one-story townhouses on a minimum 30 foot by 100 foot lot as opposed
to the two-story condominium lots;
a decrease in the total number of units from 198 to 176;
a change in the street layout;
- 3 -
MINUTES PLAN::ING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
JANUARY 11. 1994
~
(4)
(5)
(6)
(7)
(8)
substitution of the remaining private recreational facilities to be
constructed;
deletion of a stonmwater management tract to increase buildable
a rea;
a slight reduction in the setback from S. W. 26th Street from 25
feet to 24.28 feet (applicable to one unit; all others are 25 feet);
a reduction in the setback from Woolbright Road from 40 feet to 25
feet; and
a reduction in the front setback for each unit from 18 feet to 15
feet.
The setbacks proposed for the townhouse lots are 15 feet rear yard for units
that back up to one another, 25 feet rear yard for units that back up to the
lake or PUD perimeter, a front yard of 15 feet and a side yard of 0 feet for
interior units and 10 feet for units at the end of a cluster of attached units.
These side yards maintain the 20 feet minimum building separation originally
approved.
One of the reasons for this modification is that the intended market has
changed. The developer is trying to market for the elderly clientele by
building a one-story unit rather than a two-story unit. This distribution of
units appears more dense because the proposed units are larger in living area
than the previously approved units and the change in number of stories concen-
trates the living area on one level. This necessitated the increase in'the
units, the deletion of the stormwater retention area, and the change of the
street layout.
The City Commission made a finding of no substantial change. The TRC is recom-
mending that this Board approve the request, subject to staff comments. At the
City Commission meeting, the applicant presented a sketch which revised the T-
turn around addressed in the ~ngineering Department's and Public Works'
memoranda. Also, the sketch complied, with the exception of one unit, with the
Planning and Zoning Department's memorandum regarding the set~ack on Woolbright
Road.
The PUD regulations require no minimum yard requirements; however, the Boynton
Lakes Plat 5, which is also a townhouse project like this one, has a minimum
front yard of 20 feet. The only other project that has a setback of less than
20 feet is Citrus Glen, which has a front yard of 18 feet. This is not a
townhouse project. It is a single-family, detached, zero lot line unit. It was
recommended the project be approved subject to staff comments and conditioned
upon the applicant submitting to the Planning and Zoning Department two copies
of the rectified master plan incorporating the sketch presented to the City
Commission prior to submittal of the preliminary plat.
In response to Chairman Lehnertz regarding the comment about the applicant sub-
mitting a master stonmwater drainage plan, Ms. Heyden advised that that comment
has been complied with. Chairman Lehnertz wondered if they are going to be able
to handle stormwater management by taking that out. Ms. Heyden stated that the
City Engineer was comfortable with this. She advised that'it is more than ade-
quate to serve all the drainage needs.
- 4 -
'e
6:
MIN.UTES ':' PLAN::ING AND .- "ELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
JANUARY .11. 1994
In response to Mr. Miller regarding comment number 4, Ms. Heyden stated that the
applicant has decided to appeal to their market different kinds of recreation,
such as shuffleboard courts and a picnic pavilion. The kinds of recreation
approved were directed more toward a younger group of people.
Mr. Davis asked if there is a need to do primary treatment of the swales.
Ms. Heyden advised that the next process is the preliminary plat and the appli-
cant will have to meet the pretreatment requirements.
In response to Mr. Davis, Mike Covelli stateu that the applicant is not deleting
one of the water management lakes; he is redistributing it. The water surface
area will be 3/10ths of an acre smaller. He explained that more water was
created than actually was calculated on the theoretical when they did the ini-
tial drainage calculations. Therefore, if you take the little lake out that was
in the other section and calculated what the actual water area is, less the land
area where it was overdug, the difference is very minimal. Therefore, the sur-
face water area really has not been changed.
In response to Mr. Davis, Mr. Covelli believes there are existing penmits and
the applicant would have to go for a modification of all those penmits. He
believes there are certain species existing in the banks of the lakes, and that
will have to be looked at.
Mr. Davis asked if the City had any plans to utilize the sliver of land to the
north for recreational amenities. Ms. Heyden explained that this property had
no recreational value attached to it. Mr. Covelli submitted a letter from Jim
Simpson, President of the Quail Run Condominium One Association, Inc., dated
January 11, 1994, addressed to the City of Boynton Beach, stating that 96 of the
117 developed homeowners endorse this project. (This letter is attached to the
original minutes on file in th~ City Clerk's Office.)
-
Mr. Davis suggested placing the pavilion in the area where the townhouses were
shifted to an east/west alignment. Mr. Covelli advised that he talked to the
residents about this, but they did not want to attract people to the lake. They
wanted the pavilion as far away from the clubhouse as possible so that there is
a distinct separation between the clubhouse activities and the pavilion activi-
ties.
In response to Mr. Davis regarding the 18 foot setback, Ms. Heyden advised that
because PUDs do not have a minimum setback requirement, she provided information
as a guide to see what has been done in the past. The Comprehensive Plan pro-
vides for a full range of housing choices. As it stands, the City does not have
many townhouse projects in the City.
Mr. Davis felt the setback might present difficulties for the elderly.
Mr. Covelli advised that the garage doors are 21 feet from the edge of the
street; the front of the house is 15 feet. He explained that the setbacks were
calculated taking into consideration that screen enclosures and air conditioning
pads may be installed. He circulated photographs of a fac~lity built by Engle
Homes.
- 5 -
MINUTES - PLAN::ING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUAR. Y 11, 1994
Mr. Covelli stated that the section dealing with setbacks says that within the
boundaries of a PUD, there are no minimum lot sizes or yards, except for on
dedicated public roads. Southwest Twenty-sixth Street is a dedicated road. The
25 foot required setback has been maintained, with the exception of one unit
which is 8 inches closer. All peripheral zoning required has been complied
with, except for one lot on Woolbright Road. The applicant will build a wall
down the entire length of Woolbright Road, landscape it, put in sidewalks, take
care of the street lights, and landscape the median. Mr. Covelli did not think
the code makes any provision for the front yard setback. City Attorney Cherof
agreed with Mr. Covelli.s interpretation.
In response to Mr. Davis, Mr. Covelli advised that there is plenty of room for
the elderly to manuever their cars, wheelchairs, and walkers.
4
~
In response to Ms. Huckle regarding the reduction in the setback from Woolbright
Road from 40 feet to 25 feet, Mr. Covelli advised that this will be complied
with with the exception of the one unit that angles. In addition, along S. W.
26th Street, the setbacks were increased to 25 feet, except for the one unit
that encroaches 8 inches.
Mr. Miller asked where visitors will park. Mr. Covelli advised that there ;s
space enough for two cars per unit and that some pods have guest parking.
In response to Chairman Lehnertz, Mr. Covelli advised that there will be no
sidewalks.
In response to Ms. Huckle, Ms. Heyden stated that location of the easements may
impact the setbacks, necessitating shifting of the lot and unit arrangement
depicted on the proposed master plan. Ms. Huckle asked why the easements are
not shown on the master plan, as required. Mr. Covelli explained that rather
than put a lot of infonmation on a drawing that will have to be done over and
over again, he wanted to wait until engineering was completed.
Chairman Lehnertz expressed concern about people returning to the Board for
reduction of setbacks, etc. Mr. Covelli advised that the screen enclosures are
a part of the building package.
Kathleen Brennan, 2308 Aspen Way, asked that consideration be given to moving
the pavilion to the lake or placing benches there so the residents can enjoy
the lake. In addition, most of the guest parking spaces are always taken up by
people who have second or third cars, and people from the existing condominium
are parking in the streets. She asked if dredge and fill penmits would be
required for the lake and if there would be any mitigation involved. If so, she
would like to see if her association could work with the developer on that.
Ms. Brennan is also a member of Palm Beach County's Environmental Resources
Management Department. She reported that the Nature Conservancy has a signed
option contract for Seacrest Scrub.
Chairman Lehnertz advised that this Board does not have the wherewithal to try
to intercede between residents and developers.
- 6 -
.
e
.
e
e
G
MINUTES PLAN::ING AND tlfVELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
JANUARY 11. 1994
Chairman Lehnertz commented on the photographs that Mr. Covelli circulated. He
noticed that there is no green space or place to park. He said he would have
problems approving this if this were a brand new development. However, he felt
consideration should be given to the work involved on this project and allow
some variation that would not otherwise be allowed.
Motion
Mr. Golden moved to approve Michael J. Covellils request for Quail Lake West PUD
to modify the approved master plan to change unit type, street layout, private
recreation, stormwater management, and reduce total number of units and set-
backs, subject to staff comments, with the wo setback stipulations as requested
b Mr. Covelli during this discussio Ms. Heyden c GJ,e ale
'ec 0 commen s, e comment numbers*3 ancP'4 of her memorandu
She requested that the motion inclu e at the appl can mus su m,t a rectified
master plan prior to site plan. Mr. Golden agreed to this stipulation.
Ms. Huckle seconded the motion, which carried 6-1. Mr. Davis cast the
dissenting vote.
Exception to Pl~tting
2. Project
Owner:
location:
Description:
Joseph DeFe
Joseph DeFeo,
815 Bamboo Lane
guest to subdivid to create a single-f 1ly lot
zon R-l-AA, single- ily residential, wit ut
platt,
that this piece of pro ty is adjacent to 010 South Federal
D eo purchased it in Decem r, 1992. It was art of the prop-
erty known as the n Wah Restaurant. The Wah property bor ring Federal
Highway is zoned C-3. The eastern portion is ned R-1-AA. It wa annexed into
e City on June 4, 19 At that time the stree frontage was zone C-1 and
th rear portion R-1-AA. n February 18, 1963, the ear portion of the roperty
was zoned to C-1 and was entified as part of the p king lot for the en
Tropic Acres Restaurant. On une 3, 1963, it was rezo d back to R-1-AA. The
land use esignation is low dens residential. Mr. De Fe IS property is in t e
R-1-AA por 'on of the site. The s th and east portions are e perimeter boun-
dary for the ity.
The City has eva ated this detenmined that it is ac eptable to
go through the wai r of ~lat process. The ew property will meet the oning
code requirements of e R-1-AA zoning distri ,except for the side set ack of
9.6 feet, which is.4 t less than the presen code requirement of 10 feet.
It is in a single-family sidential district. Tn survey indicates it is a
plex. The Building Depar nt records never showe it as a duplex. Mr. DeFe
is hanging it to a single-fam' y residence.
Mr. Haa advised that his comments Planning and Zoning. epartment Memorandum
94-003 ab t the water meter for the ite being located on Sun Wah property
- 7 -
~
~~
~
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
DECEMBER 21. 1993
ny requests r extension re recei~~d a.
ust be stop . Commissl er Walshak
ticular proJ t for three r four year
C. OTHER:
1. Quail Lake West PUD (Phases II and III) Master Plan Modificat1on
located at SW 26th Street between Woolbright Road and Golf Road
Ms. Heyden made the presentation and explained that the modification includes
the following changes:
1. The one-story townhomes on a minimum 30' x lOa' lot as opposed to
the two-story condos which were part of the original master plan;
2. a decrease in the total number of units from 198 to 176;
3. change in street layout;
4. change in the remaining private recreational facilities to be
constructed;
5. deletion of the stonmwater management tract;
6. a slight reduction in the setback from S.W. 26th Street from 25' to
24.28' which applies to one area. All other units will have 25';
7. reduction in the setback from Woolbright Road from 40' to 25';
(the applicant has complied with this requirement with the exception
of one unit); and
8. reduction in the front setback for each unit from 18' to 151.
The proposed setbacks for the townhome lots are 15' in front jor units that back
up to one another, and 25' in the rear for units that back up to the lake or the
PUD perimeter, a front yard of IS' and a side yard of A' for interior units and
10' for end units. These side yards maintain the 20' minimum building separa-
tion which was originally approved.
Since the market for this project is different from what was originally
intended, the change in the number of stories came about. Because of the change
in the number of stories, the units are now sprawled out and there has been a .
transf~r of the square footage from two stories to on~ story. That necessitated
the change in the stonmwater management and street layout.
.
Ms. Heyden referred to Comments #2, #3 and #4 of Planning and Zoning Department
I~emorandum No. 93-325. With regard to Comment #2, the proposed easements are
not shown and Ms. Heyden feels they may possibly impact the setbacks, necessi-
tating the shifting of the lots.
Regarding Comment #3, it is recommended that the front yard requirement be 18'.
After researching other projects, 18' is the least front setback this Commission
has ever approved; however, she pointed out that there is no minimum front yard
setback for PUDs. .
- 20 -
MINUTES -"REGULAR CITY t~~ISSION MEETING
BOYNTON BEACH, FLORIDA
DECEMBER 21, 1993
~
Comment #4 is a recommendation for the yard requirements for the units along
Woolbright Road to be a minimum of 401. The applicant showed Ms. Heyden a
sketch where the 40' has been maintained on all units with the exception of one
unit which will remain 251.
The Technical Review Committee recommended approval of this request and for-
warded it with a recommendation that the Commission make a finding of no
substantial change subject to staff's comments.
In response to Commissioner Katz' question, Ms. Heyden advised that the TRC went
along with the deletion of the stonmwater drainage tract because the lakes in
this project were designed under a master drainage system to accommodate all of
the drainage of the project including the apartment part of the project. The
lakes are very deep.
Commissioner Katz also noted a problem Engineering and Public Works had with a
cul-de-sac. Ms. Heyden advised that the developer has resolved that problem.
Commissioner Katz feels the stonmwater tract should be put back in the plan.
Mayor Harmening explained that if the South Florida Water Management District
has no problem with the drainage and it meets the criteria, it would not be
required. Mayor Pro Tern Matson had no problem with its deletion.
Mayor Harmening feels the owners would probably do themselves a favor if they
increased the setbacks on Woolbright. He also expressed concern about the
overall density of the porject. Ms. Heyden advised that this density falls
under the lowest land use category allowed in the City.
,
Motion
Commissioner Katz moved to approve, but keeping the setback to 18' on #8 and the
developer agreed to return to the 40' setback except for one unit.
Mike Cavel11, engineer, said the total number of units was reduced. With regard
to the water management tract, Mr. Cavelli referred to the plan which was
displayed and showed the size of the lakes. He pointed out that the existing
approval is 13.17 acres. This has 13.21 acres. Regarding the setback off
Woolbright Road, it has been reconfigured and the developer can comply with the
40' setback. The one unit at the far west corner is at 251 and that is only the
very back rear corner. On this particular lot, this is a side setback where all
others are rear setbacks.
The developer will be building a wall the entire length of Woolbright which will
be landscaped and irrigated. There will be sidewalks, street lights included
and the median will be landscaped.
The developer was able to straighten out the situation in the cul-de-sac. With
regard to the front setbacks, there is 211 to the front of the garage doors. A
small portion of the unit is punched out. That is the part which would be
within the 151, not the entire face of the unit. The Code specifically states
that there are no setback requirements for the internal portion of the PUD.
Commissioner Walshak pointed out that this request is only to determine whether
the change is substantial or not substantiall He did not think it was necessary
,
- 21 -
~INUTES - REGULAR CITY ~ISSION MEETING
BOYNTON BEACH. FLORIDA
DECEMBER 21. 1993
\
to discuss all the setbacks, land configuration, etc. Ms. Heyden said the TRC
feels the changes are nonsubstantial in nature. This request will go on to the .
Planning and Development Board for consideration.
Motion
Mayor Pro Tern Matson moved that this be considered nonsubstantial. Commissioner
Walshak seconded the motion which carried 3-1. (Mayor Hanmening cast the
dissenting vote.)
-
~_C!TY COMMISSION MPORARILY REC~ TO CONVENE ~S COM~TY R~LOP-
ME~GENCY . """ ~
D':'~ CITY C(M(ISSION~~-"ING AS C0M4~NIR~EDEVELOPMENT ENCY (CRA)
~~jor Site Plan M~d1ft(ation - AgapeClu.ners and Laun~
l~ted at 521 North Feder..l Highway . "" .~
, ,~
'''''"
~
recommenda~ for
"~,
....
".....
Commissione Walshak moved to~~rove the CRABls unanimous
app rova 1 . ,,Co is s; oner Katz seconded the motion.
~ommissioner Katz'stated that Mr. Hudson has been very understanding
tt'i process.
thrOUgh~~
....
Mayor mening said that by ,approving this project, nonconfonming use~ are con-
tinuing a being expanded up01l..,with no great appreei,ation of the overall"....
appearance the area. This is'''a use which is a prohibited use. By contiffi(ing
this type of 0 ration, the downtoWn will never be significantly improved. He-.......
had hoped that m of the old places ~ould be torn down and someone would come
in and consolidate large enough tract of ground to do something worthwhile and
a reasonabl e pri ce. ,
Mayor anmening also noted"that by adding the lattice work to the sides, the
side se ck nonconformity is,being increased by approximately 311, which is not
significan He is opposed to'-(equiring the installation of underground
electrical s vice. '
_J
.....
The motion carried 4-0.
~ CITY COMMISSION MEETING RESUMED.
IX~W BUSINESS:
A.~Items for discussion, requested by Comnissioner Bob Walshak: ',-
;~~atus of Miner Road
response to a ~Uestion from Commission~r Walshak, City ManaRer Miller advise
th the City has en~~d into an agreement with Citrus Glen. Tn~ City has sam
conc n over Mr. Glick a Knollwood Groves. We received a propo~ agreement
which ~ and Attorney Cher are reviewing. Tha.....concern is that the Oty might ~
have to p $78,000 or $79,0 for the construction of Miner Road. The ;s a II'
condition i the proposed agree t tha~ if the County refuses to approve the
~/
,
"
..--
- 22 -