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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 -