LEGAL APPROVAL
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100 T.. 'Boynton 'Beadi 'Boulevartf
P.O. 'Boi(310
'Boynton 'Beadi., %mtfa 33425-0310
City:Jfall: (407) 375-6000
7!AX: (407) 375-6090
THE CITY ENGINEER
March 9, 1995
Trammell Crow Residential
6400 Congress Ave., Suite 2000
Boca Raton, FL 33487
Attention: Bettina Scherer
Re: Land Development Order - Vinings PUD
Dear Ms. Scherer:
We have this date received acknowledgement that the final plat for
the Vinings PUD has been recorded with the County Clerk of Court.
That allows us to, and we hereby do, issue a Land Development Order
as outlined in Appendix C, Boynton Beach Code of Ordinances.
Issuance of a Land Development Order allows you to proceed with
construction of required improvements. You are reminded that all
required improvements must be completed by December 9, 1996 as
stipulated in Appendix C, Article XI, Section 5. (twenty-one months
from today). Failure to complete the required improvements by that
date and absent an approved time extension the City Commission may
call upon your surety to complete the work.
Appendix C, Article XI, Section 5 requires monthly progress reports
from your Engineer of Record, and we suggest that you schedule a
pre-construction meeting with City Development and Utility
Department staff to discuss scheduling, permitting, inspecting and
other appropriate topics. This Land Development Order also allows
you to enter the building permit process. For information on that
process, please contact Chief Plans Reviewer Milt Duff (375-6352).
Very truly yours,
CITY OF BOYNTON BEACH, FLORIDA
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William Hukill, P.E.
City Engineer
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xc: Carrie Parker, City Manager
Tambri Heyden, Planning & Zoning Director
Al Newbold, Deputy Building Official
Peter Mazzella, Assistant to the Utility Director
Milt Duff, Chief Plans Reviewer
Don Johnson, Building Compliance Administrator
James Du Vall, Engineering Inspector
5lmemas gateway to tne (julfstream
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RESOLUTION NO. R95-J1
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING
ACCEPTANCE OF THE FINAL PLAT FOR THE VININGS
P.U.D., ALSO APPROVING THE FORM AND CONTENT OF
THE DECLARATION OF RESTRICTIONS FOR THE VININGS
AND THE MAINTENANCE AGREEMENT, WHICH
DOCUMENTS ARE ATTACHED HERETO AS COMPOSITE
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the City Commission of the City of Boynton Beach, upon
recommendation of staff, does hereby accept the Final Plat for The Vinings P.U.D., and
also approves the form and content of the Declaration of Restrictions for The Vinings and,
, the Maintenance Agreement, which documents are attached hereto as composite Exhibit'
ItAIt.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida, does
hereby approve the Final Plat for The Vinings, a P.U.D., and also approves the form and
content of the Declaration of Restrictions for The Vinihgs and the Maintenance Agreement, .
which documents are attached hereto as composite Exhibit "A".
! Section 2. This Resolution shall take effect immediately upon passage.
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PASSED AND ADOPTED this dt./ day of February, 1995.
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CITY OF BOYNTON BEACH, FLORIDA
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Cit Clerk
(Corporate Seal)
> F/Plat. Vining.
21111"5
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, nORIDA
APRIL 2, 1996
III. CONSENT AGENDA
A. Minutes
1. Special City Commission/Chamber of Commerce Meeting Minutes
of March 18, 1996
No changes were made to these minutes.
2. Regular City Commission Meeting Minutes of March 19, 1996
No changes were made to these minutes.
,
B. Bids . Recommend Approval - All expenditures are approved In the
1995-96 Adopted Budget
None.
C. ~ Resolutions
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1. Proposed Resolution No: R~1.Re:Autho.rize execution of lease
purchase agreement for C}eagraphiCaJlnformation System (GIS) with
Credential leasing Corporation of Florida, Inc.
2. Proposed Resolution No. R96-42 Re: Authorize execution of
Interfocal Agreement between Palm Beach County and the City of
~oynton Beach forming a Forestry Partnership
3. Proposed Resolution No. R96-43 Re: Surety Release - St. Vincent
DePaul Seminary Ubrary/Administration Building
4. Proposed Resolution No. R96-44 Re: Children's Services Council
Grant Application - Recreation, Athletics & Police
5. Proposed Resolution No. R98-45 Re: Surety Reduction. T}.e
Vinings PUD Phase I
8
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
MARCH 19, 1996
3. Proposed Resolution No. R96-34 Re: Reduction of surety for the
Vinings PUD
4. Proposed Resolution No. R96-35 Ae: Authorize execution of
agreement between Innovative Leisure Services and the City of
Boynton Beach to operate the Golf Course Concession
5. Proposed Resolution No. R96-36 Ae: Authorize City to procure
services of real estate/economic consultant to provide advice
regarding the Marina Development Project
D. Approval of Bills
A copy of the bills is attached to the original copy of these minutes on file in the City Clerk's
Office.
E. Payment of Bills - February 1996
A copy of the bills is attached to the original copy of these minutes on file in the City Clerk's
Office.
F. Approve Change Orders
1. Change Order #8 in the amount of $105.00, and Change Order #9
in the amount of $1,085.00 for additional work on the West Wing
by Cassidy Air Conditioning
Change Order #8 involves the rerouting of the dedicated circuits from the present tracer
control system to the new acu. This change is being made to insure power quality to the
computer equipment controlling all City Hall HV AC equipment.
Change Order #9 is for the rerouting of ductwork and electrical conduits from design plans
to clear steel roof joists and to provide access to air handler for service and repair.
2. Change Order #10 in the amount of $357.00, and Change Order
#11 in the amount of $1,087.00 for additional work on the East and
West Wing by Cassidy Air Conditioning
3
MINUTES
CITY COMMISSION MEETING
BOYNTONBEACH,FLOmDA
NOVEMBER 21, 1995
.
2. City Commission Workshop Meeting Minutes of November 9, 1995
No additions, deletions, or corrections were made to these minutes.
B. Bids - Recommend Approval - All expenditures are approved in the 1995-96
Adopted Budget
1. Extension of one year for the bid for Annual Supply of Sodium
Hydroxide from Jones Chemicals, Inc. for the Utilities Department
Purchasing concurred with the Utilities Department that this contract be extended for one year.
2. Approve renewal of local manpower maintenance contract for the
Martin Luther King Boulevard target area
This item is explained in the October 31, 1995 Memorandum to the City Manager from the
Purchasing Agent.
.
Mayor Taylor pulled this item from the Consent Agenda for discussion.
C. Resolutions
1. Proposed Resolution No. R95-184 Re: Authorize execution of
Agreement for Wastewater Service outside the city limits for Colonial
Estates, Inc. located west of Military Trail, north of Flavor Pict Road
2. Proposed Resolution No. R95-185 Re: Release of surety for excavation
and fIll work at the Vinings PUD
3. Proposed Resolution No. R95-186 Re: Release of surety and fInal
acceptance of SW 8th Street through Woolbright Place PCD and
Woolbright Place Plat 1
4. Proposed Resolution No. R95-187 Re: Temporary easement and
agreement for Beach Restoration Project (Ocean Ridge Shore Protection)
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PREPARED BY AND RETURN TO:/
AMY S. SCHLOSSER, ESQUIRE
Broad and Cassel
7777 Glades Road, suite 300
Boca Raton, FL 33434
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ORB 8649 P9 968--
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THIS DECLARATION OF PROTECTIVE COVENANTS is made this Br-ff day
of MfrI2.L~ 1995, by HOWARD SCHARLIN, TRUSTEE, and FJ:RS'l' BAP'l'J:S'l'
CHURCH OF OYN'l'ON BEACH whl.ch declare hereby that liThe Property",
as described in Article I, is and shall be held, transferred, sold,
conveyed and occupied subj ect to the covenants, restrictions,
easements, charges and liens hereinafter set forth. The Property
is described in Exhibit "A" attached hereto and made a part hereof.
Portions of the Property are intended to be developed as a multi-
staged planned residential community with open spaces and other
common facilities. Attached hereto as Exhibit "B" is a pictorial
map of the Property, which shows the Property as numbered parcels
1, 2, 3a, 3b, 4 and CP and adjacent roads and lakes. For ease of
reference the parcels have been designated as the Apartment
Parcels, the Single Family Parcel and the Church Parcel. These
designations are not determinative of the uses of the Parcels,
which uses may be changed from time to time in accordance with
applicable laws.
DECLARATJ:ON OF PROTECTJ:VE COVENANTS
WOOLBRJ:GH'l' PLACE
In order to provide for the preservation of the values and
amenities in such community and for the maintenance of its common
properties, the powers of maintaining and administering such
properties and facilities, administering and enforcing these
covenants and restrictions and collecting and disbursing the
assessments and charges created in this Declaration are being
delegated and assigned to a not for profit corporation known as the
Woolbright Place Master Association, Inc.
ARTJ:CLE 1:
DEFJ:NJ:'l'J:ONS
The following terms, as used in this Declaration, shall have
the following meanings:
(A) Apartment owner (5) shall mean and refer to any individual
or entity which owns an Apartment Parcel.
(B) Apartment Parcel (s) shall mean and refer to those Parcels
designated on Exhibit "B" as an Apartment parcel. The Apartment
R:\1\TCC.RES\l22\Declan.l
ORB 8649 P9
969
Parcel is presently zoned or intended for the construction and
operation of' rental apartment communi ties, but such use may be
changed from time to time in accordance with applicable law.
(C) Association shall mean and refer to WOOLBRIGHT PLACE
MASTER ASSOCIATION, INC., a Florida corporation not for profit, its
successors and assigns.
(D) Base Assessment shall mean and refer to the operating
funds of the Association that are utilized for the general benefit
of all owners of a portion of the Property and which are assessed
against such owners pursuant to the terms hereof and refers to
those charges against each Unit and/or Parcel made by the
Association from time to time, for the purposes and subject to the
terms, set forth herein.
(E) Board of Directors ,shall mean and refer to the Board of
Directors of the Association.
(F) Church Owner shall mean and refer to First Baptist Church
of Boynton Beach and any individual or entity to which First
Baptist Church of Boynton Beach transfers title of the Church
Parcel.
(G) Church Parcel shall mean and refer to that Parcel
designated on Exhibit "B" as the Church Parcel. The Church Parcel
is presently zoned or intended for the construction of a church,
but such use may be changed from time to time in accordance with
applicable law.
(H) Common Expenses shall mean and refer to all expenses
incurred by the Association in connection with its ownership of any
portion of the Property, maintenance and other obligations set
forth hereinafter.
(I) Common Property shall mean and refer to all portions of
the Property which are intended for the common use and enjoyment of
the Owners, the Apartment Owners and their tenants,and the Church
Owner which are identified and dedicated to the Association on the
Plat or conveyed to the Association by Deed and/or all personal
property and real property which may subsequently be acquired by
the Association for the common use and enjoyment of the Owners, the
Apartment Owners and their tenants, and the Church Owner. The
Common Property is not "condominium property" as that term is
defined in Chapter 718, Florida statutes, or otherwise. Common
Property shall include all sidewalks.
(J) community-Wide standard shall mean the standard of
conduct, maintenance, or other activity generally prevailing
throughout the Property. Such standard may be more specifically
determined by the Board of Directors.
R:\T\TCC.RES\122\Decbra.l
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vt<8 8049 P9
970
(K) Declarant shall mean and refer to Howard Scharlin,
Trustee, his successors and assigns, who take title to any portion
of the real properties described in Exhibit nAn to which Howard
Scharlin, Trustee currently holds title, for the purpose of
development and sale, and are designated as the Declarant hereunder
in a recorded instrument executed by the immediately preceding
Declarant.
(L) Declaration shall mean and refer to this instrument, and
all exhibits hereto, as it may be amended from time to time.
(M) Development Plan shall mean and refer to the graphic
representation of the proposed plan for the development of the
Property, a copy of which is attached hereto as Exhibit liB" and
made a part hereof. Notwithstanding anything said herein to the
contrary, implementation of the Development Plan is under the
jurisdiction of the City of Boynton Beach, Florida and is referred
to by the City of Boynton Beach as the Woolbright Place Master Plan
PUD. All changes and amendments made to such plan must be approved
by all applicable governmental entities.
(N) Exclusive Common Area shall mean and refer to certain
portions of the common property which are for the exclusive use and
benefit of one Parcel. All costs associated with maintenance,
repair, replacement and insurance of Exclusive Common Areas shall
be paid by the owners of such Parcel.
(0) Improvements shall mean and refer to all structures of
any kind, including, without limitation, any building, fence, wall,
sign, paving, grading, parking and building addition, alteration,
screen enclosure, sewer, drain, disposal system, decorative
building, landscaping or landscape devise or object.
(P) Institutional Mortqaqee shall mean and refer to a bank,
bank holding company, or subsidiary thereof, trust company or
subsidiary thereof, savings and loan association, insurance
company, union pension fund, mortgage company, agency of the United
states Government which holds a first mortgage of public record on
any Parcel, Unit or Pod or on any other portion of the Property,
and the holder of any mortgage of public record given or assumed by
Declarant, whether a first mortgage or otherwise, and their
successors and assigns.
(Q) Manaqement Aqreement shall mean and refer to a contract
for management of the Property entered into between the Association
and such other entity as is selected by the Association, in its
sole and absolute discretion.
(R) Member shall mean and refer to Class A Members, Class B
Members and Class C Members of the Association.
R:\T\TCC.RES\122\Declan.l
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ORB
8649 P9
971
(S) Hortqaqe shall mean and refer to a permanent or
construction mortgage or any other form of security deed.
(T) Hortqaqee shall mean and refer to a beneficiary or holder
of a Mortgage.
(U) OWner shall mean and refer to the record owner, whether
one or more persons or entities, of the fee simple title to any
unit, but excluding any Mortgagee unless and until such Mortgagee
has acquired title pursuant to foreclosure or any proceeding in
lieu of foreclosure. References to Owners include SUbdivision
Owners and Declarant.
(V) Parcel shall mean and refer to that portion of the
Property designated as a Parcel on Exhibit "B".
(W) Parcel Assessment shall mean and refer to assessments
levied against the property in a particular Parcel to fund expenses
common to the Parcel.
(X) Parcel Association shall mean and refer to any legal form
of association of Owners, other than the Association, formed to be
responsible for the maintenance and governance of all services and
properties within a particular Parcel.
(Y) Parcel Declaration shall mean and refer to the
declaration of covenants, conditions and restrictions, as the same
may be amended from time to time, which may govern a particular
Parcel. Owners of all Parcels on which single family residences,
townhomes, condominiums or any type of residential development in
which Units are to be constructed pursuant to a site plan approved
by all applicable governmental agencies will cause to be recorded
in the Public Records of Palm Beach County, Florida a Parcel
Declaration. For so long as the Apartment Parcel(s) and the Church
Parcel are intended for the construction and development of rental
apartments and a Church, or such other product which does not
constitute single family housing comprised of Units, neither the
Apartment Owner nor the Church Owner will be required to file a
Parcel Declaration.
(Z) Parcel ExPenses shall mean and refer to the actual and
estimated expenses incurred by the Association for the benefit of
Owners of Units within a particular Parcel, which may include a
reasonable reserve for capital repairs and replacements, all as amy
be specifically authorized from time to time by the Board of
Directors and as more particularly authorized herein.
(AA) Plat shall mean that certain Plat of Woolbright Place
Plat 1 recorded in Plat Book 67, Page 47, Public Records of Palm
Beach County, Florida.
R:\T\TCC.RES\122\Declara.l
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ORB 8649 Ps
972
(AB) Po~ shall mean and refer to a parcel of vacant land or
land on which improvements are under construction.
(AC) Property shall mean and refer to that real property
described in Exhibit "A" attached hereto and made a part hereof,
which is subject to the covenants, reservations, restrictions,
easements, assessments and other provisions set forth within this
Declaration, together with such additional property as is hereafter
subjected to this Declaration by Supplemental Declaration.
(AD) Sinqle Familv Parcel shall mean and refer to that Parcel
designated on Exhibit "B" as the Single Family Parcel. The Single
Family Parcel is presently zoned for multi-family development but
may in the future be Zoned for the construction of single family
residences comprised of Units, and such Use may be changed from
time to time in accordance with applicable law.
(AE) Subdivision Owner shall mean and refer to any person or
entity, other than Declarant, Church Owner and Apartment Owner, who
takes title to any portion of the Property, other than that portion
owned by Apartment Owner, for the purpose of development and sale.
(AF) SUPplemental Declaration shall mean and refer to an
amendment or supplement to this Declaration which subjects
additional property to this Declaration, or imposes, expressly or
by reference, additional restrictions and obligations on the land
described therein, or both.
(AG) Unit shall mean and refer to a portion of the Property,
whether developed or undeveloped, intended for development, Use and
occupancy as an attached or detached residence for a single family,
and shall, unless otherwise specified, include within its meaning
(by way of illustration, but not limitation) condominium units,
townhouse units, duplexes, cluster homes, patio or zero lot line
homes, single family detached houses on separately platted lots,
and vacant land intended for development as the above uses, all as
may be developed, Used and defined as herein provided, or as
provided in Supplemental Declarations covering all or a part of the
Property. The Unit shall consist of the improved dwelling together
with the balance of the unimproved lot. Rental Apartments are not
Units for purposes of this Declaration.
In the case of a Pod of vacant land or land on which
improvements are under construction, the Pod shall be deemed to
contain a number of Units designated for such Pod on the most
recent site plan approved by applicable governmental authority,
until such time as a certificate of occupancy is issued on all or
a portion thereof by the local government entity having
juriSdiction, after which the portion designated in the certificate
of occupancy shall constitute a separate Unit or Units as
determined above and the number of Units on the remaining land, if
R:\TlTCC.RES\122\Declara.l
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JRB 6049 P9
973
any, shall continue to be determined in accordance with this
Paragraph.
(AH) Votina Representative shall mean and refer to the
representative designated by the Members of each Parcel to exercise
the votes of his respective Parcel in all matters provided for in
this Declaration and the By-Laws. The Voting Representative from
each Parcel shall be elected by a majority of the Members of said
Parcel at a meeting of said Parcel called and noticed in accordance
with the provisions of the Bylaws of the Association. Each Voting
Representative of a Parcel shall be entitled to cast one vote. For
purposes of this Declaration Parcels 3a and 3b shall be deemed to
be one Parcel, and the owner of the area designated as Common
Property (CP) on Exhibit B shall not be entitled to elect a Voting
Representative.
ARTICLE II
DEVELOPMENT
Declarant intends to develop
residential development but retains
for other purposes, subject to
regulations.
the Property as a planned
the right to develop Parcels
applicable zoning rules and
The Association was formed to maintain and operate the Common
Property for the benefit of the Members. The Association shall
assess the Declarant, each Owner, Church Owner, SUbdivision Owner
and Apartment Owner various charges as more specifically described
hereinafter, for the purpose of funding the obligations of the
Association. The Association shall be responsible for the
maintenance of the Common Property and shall also be responsible
for enforcement of all of the restrictions and other terms set
forth in this Declaration, as well as the rules and regulations
established by the Association. In keeping with Declarant I s intent
to establish a general plan and uniform scheme of development and
improvement, the restrictions and other terms set forth in this
Declaration shall also be enforceable by the Owners, Church Owner,
SUbdivision Owners and Apartment Owners.
The Association is not a condominium association and,
therefore, shall not be affected by the provisions of Chapter 718,
Florida Statutes. Further, the express intent of the Declarant and
this Declaration is that the substantive rights hereunder shall
not, to the extent permitted by the laws of the United States of
America, be retroactively affected by legislation subsequent to the
date of this Declaration.
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VK8 8649 pq
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ARTICLE III
PROPERTY SUBJECT TO THIS DECLARATION
1. PROPERTY: Upon the recordation hereof, the Property
shall be held, transferred, sold, conveyed and occupied subject to
this Declaration.
2. ADDITIONS: Subject to approval of the Development Plan
by all necessary governmental agencies, and by the Members of the
Association, Declarant shall have the right and power, but neither
the duty nor the obligation, in its sole and absolute discretion
and by its sole act, to subj ect additional property to this
Declaration from time to time by executing and recording in the
Public Records of Palm Beach County, Florida a Supplemental
Declaration specifying such additional property.
3 . WITHDRAWAL: Notwi thstanding anything herein to the
contrary, no property may be withdrawn from the provisions of this
Declaration without the prior written consent of all applicable
governmental authority and the Members of the Association.
4. TRANSFER OR ASSIGNMENT BY DECLARANT: The Property,
rights and obligations of Declarant may be transferred or assigned,
in whole or in part, to another person or entity. No such transfer
or assignment, however, shall affect any revocation, change or
addition to the covenants established by this Declaration except as
hereinafter provided.
5. TRANSFER OR ASSIGNMENT BY OWNERS: Every Owner, Church
Owner Subdivision Owner and Apartment Owner shall have a right and
easement of enjoyment in and to the Common Areas subject to this
Declaration and subject to any restrictions or limitations
contained in any deed or amendment to this Declaration conveying to
the Association or subjecting to this Declaration such property.
Any person or entity entitled to rights of enjoyment hereunder may
delegate such right of enjoyment to the members of his or her right
family, tenants and social invitees subject to reasonable
regulation by the Board of Directors and in accordance with
procedures it may adopt from time to time.
ARTICLE IV
WOOLBRIGHT PLACE MASTER ASSOCIATION, INC.
1. FORMATION: Declarant has caused the formation of the
Association by the filing of the Articles of Incorporation therefor
in the office of the Secretary of State of Florida. The purposes
and powers of the Association shall be all of the purposes and
powers set forth in this Declaration and in the Articles of
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vRB 8649 P9
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Incorporation and By-Laws of the Association. The Association
shall be responsible for the execution, performance, administration
and enforcement of all the terms and conditions of this
Declaration. If there is a conflict between the terms and
conditions set forth in this Declaration, the Articles or By-Laws,
the conflict shall be resolved in favor of the terms and conditions
as provided in this Declaration. The Association shall not be
dissolved without the approval of all applicable governmental
authority.
2. MEMBERSHIP: A person or entity shall become a Member of
the Association upon acquisition of fee simple title to any Parcel
of property or any Unit within the Property by filing a deed in the
office of the Clerk of the circuit Court in and for Palm Beach
County, Florida, evidencing such ownership. Declarant and Church
Owner shall also be Members of the Association. Membership shall
continue until such time as the Member transfers or conveys his
interest of record or the interest is transferred and conveyed by
operation of law. If title to a Unit or Parcel is held by more
than one person, each person shall be a Member of the Association.
Membership shall be appurtenant to and may not be separated from
ownership of any Unit or Parcel. No person or entity holding an
interest of any type or nature whatsoever in a Unit or Parcel only
as the security for performance of an obligation shall be a Member
of the Association. The Declarant and Church Owner each shall be
a Member of the Association so long as they own any portion of the
Property. Declarant, by including additional property under this
Declaration, may cause additional membership in the Association and
may designate the ownership basis for such additional membership.
3. ADMINISTRATION OF THE ASSOCIATION: The affairs of the
Association shall be administered by the Board of Directors in
accordance with this Declaration and the Articles of Incorporation
and By-Laws of the Association. The Articles of Incorporation and
By-Laws may be amended in the manner set forth therein; provided
however, that no such amendment shall conflict with the terms of
this Declaration or adversely affect the rights of any Owner,
Church Owner, Subdivision Owner or Apartment Owner unless such
owners have consented to the Amendment, and provided further that
no amendment, alteration or rescission may be made which affects
the rights or privileges of any Institutional Mortgagee, without
the express prior written consent of the Institutional Mortgagee so
affected. Any attempt to amend the Articles of Incorporation or
By-Laws contrary to these prohibitions shall be of no force or
effect.
4 . VOTING:
(A) votinq Representatives. Every Unit,
apartment in the Apartment Parcel, and Church or
Improvement shall be located within a particular Parcel.
rental
other
Each
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ORB 8649 pg
976
Parcel shall elect a Voting Representative by a majority of
the Members of said Parcel at a meeting of the Members of said.
Parcel called and noticed in accordance with the provisions of
the Bylaws of the Association. Each Parcel shall have one (1)
vote. The Voting Representative for each Parcel shall cast
each Parcel's vote on all Association matters requiring
membership vote, unless otherwise provided in this Declaration
or the Bylaws. The Voting Representative shall cast the
Parcel's vote as he or she, in his or her sole discretion,
deems appropriate and shall not be required to poll Members of
his or her Parcel. Upon the election of the Voting
Representatives of the Parcels, the elected Voting
Representatives will nominate and elect a fifth Voting
Representative (the "Additional Representative") who shall
cast one (1) vote in all matters requiring a vote of the
membership. Upon the further subdivision of any Parcel or the
addition of other Parcels hereunder, such that there is an odd
number of Voting Representatives, the Additional
Representative will no longer be entitled to cast a vote.
For purposes of this Declaration, Declarant shall be
entitled to act as the Voting Representative for each Parcel
owned by Declarant until such time as Declarant no longer owns
any of the property in such Parcel, at which time, the new
Owners within the Parcel shall elect a new Voting
Representative.
For the purpose of electing Voting Representatives,
Members shall be entitled to one (1) vote for each Unit or
each Unit and contiguous lots containing one (1) single family
home if located in a detached single family home development,
owned by such Member. There shall be only one (1) vote per
Uni t. Should any Member own more than one (1) Unit, such
Member shall be entitled to exercise or cast one (1) vote for
each such Unit unless such Units or contiguous lots on which
there exists one (1) single family residential dwelling. When
more than one (1) person holds the ownership interest required
by Section 2 above for membership, all such persons shall be
Members and the vote of such Unit shall be exercised as they,
among themselves, determine; provided, however, that in no
event shall more than one (1) vote be cast with respect to
each Unit. With respect to each Unit owned by other than a
natural person or persons, the Member shall file with the
Secretary of the Association a notice, designating the name of
an individual who shall be authorized to cast the vote of such
Member. In the absence of such designation, the Owner shall
not be entitled to vote on any matters coming before the
membership.
Any Owner of Units which are leased may, in the
lease or other written instrument, assign the voting rights
R:\1\TCC.RES\U2\Dec:lara.l
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"3 8 49 pg
977
pertinent to their Unit to the lessee provided that a copy of
such instrument is furnished to the Secretary of the
Association prior to any meeting. Such an assignment shall
entitle the lessee to exercise the vote for the unit only in
situations where an Owner is entitled to personally exercise
the vote for his or her unit.
(B) Control of Association and Turnover.
Notwi thstanding anything contained herein to the contrary, the
Declarant, Church Owner, Apartment Owner and Subdivision Owner
shall not, individually, have complete control of the
Association. The Board of Directors will be elected by all
Members of the Association through their respective Voting
Representatives.
In the event Declarant shall enter into any contracts or
other agreements for the benefit of the Owners, the Declarant
may, after approval from the Association, assign its
obligations under such agreements to the Association.
5. SUSPENSION OF MEMBERSHIP RIGHTS: No Member shall have
any vested right, interest or pri vilege in or to the assets,
functions, affairs or franchises of the Association, or any right,
interest or privilege which may be transferable, or which shall
continue after his membership ceases, or while he is not in good
standing. A Member shall be considered "not in good standing"
during any period of time in which he is delinquent in the payment
of any Assessment, or in violation of any provision of this
Declaration, or of any rules or regulations promulgated by the
Association. While not in good standing, the Member shall not be
entitled to vote or exercise any other right or privilege of a
Member of the Association.
ARTICLE V
COMMON PROPERTY
1. COMMON PROPERTY: The Common Property is intended for the
use and benefit of the Members of the Association and their guests,
tenants, licensees and invitees. Subject to the rights and
obligations set forth now or subsequent hereto in Parcel
Declarations, the Association is responsible for the management,
maintenance and operation of the Common Property notwithstanding
the manner in which fee simple title to the Common Property may be
held. The Declarant shall convey the Common Property to the
Association (or Parcel Association if the Common Area is in a
Parcel subject to a Parcel Association) no later than the date
which is 30 days from the date on which Declarant no longer owns
any portion of the Property.
R:\1\TCC.RES\12Z1Dec1ara.l
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0HB 8649 P9
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2. MAINTENANCE OF PROPERTY: The Association shall, either by
virtue of the appointment of a real estate management agent, or
through its own personnel, be responsible for the maintenance,
ownership, control and repair of the Common Property.
Prior to the transfer of title by Declarant or Church
Owner, and prior to the formation of applicable Parcel
Associations, Declarant and Church Owner, as applicable, will be
charged with maintenance of Exclusive Common Areas on their
respective Parcels.
Each Apartment Owner will be responsible for the maintenance
of all Exclusive Common Areas on their Parcels, including, but not
limited to, internal roads, parking areas, street lighting,
recreation areas, lakes, buildings, landscape buffers and
landscaping in accordance with Article VIII herein.
Subdivision Owners shall cause to be recorded in the
Public Records of Palm Beach County, Florida a Parcel Declaration
to govern the management of their respective Parcels. The
Subdivision Owners will also be responsible to form a Parcel
Association which Parcel Association will be responsible for the
maintenance of all Common Areas in the subject Parcel including,
but not limited to, all roads, parking spaces, street lighting,
recreation areas, lakes, landscape buffers and landscaping. All
annual meetings of the Parcel Associations shall be held within the
same month each year, which shall be within the month prior to the
annual meeting of the Association. Each Parcel Association, upon
the affirmative vote, written consent, or a combination thereof, of
a majority of Owners within the Parcel, may request that the
Association provide a higher level of service or special services
for the benefit of Units in such Parcel, the cost of which shall be
assessed against each Unit in the Parcel as a Parcel Assessment
pursuant to Article VII.
All Units, together with all residences and other
Improvements thereon, will be the maintenance obligation of the
Owners thereof in accordance with Article VIII herein.
3. MANAGEMENT AGENT: Declarant, its affiliates,
subsidiaries, successors and/or assigns, may be the management
agent for the Association and may hire such employees, including
but not limited to: attorneys, accountants, bookkeepers,
gardeners, secur i ty guards and laborers, as Declarant may deem
necessary in order to maintain the property described in this
section. No management agreement between the Association and
Declarant or its affiliates or its subsidiaries shall be held
invalid solely for the reason that at the time of entering into the
agreement, the employees, officers or agents of Declarant or its
affiliates, or its subsidiaries were the officers, directors and/or
employees of the Association. In the alternative, the Declarant
R:\1\TCC.RES\U2\Declan.l
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DRB 8649 pg
979
may select an individual or entity wholly unrelated to Declarant to
act as the'Management Agent in its sole and absolute discretion,
and such individual or entity shall exercise all rights set forth
herein.
4. RULES AND REGULATIONS GOVERNING USE OF COMMON
PROPERTY: The Association, through its Board of Directors, shall
regulate the use of the Common Property by its Members, and their
guests, tenants, licensees and invitees and may from time to time
promulgate such rules and regulations as are consistent with this
Declaration, governing the use thereof as it may deem to be in the
best interest of its Members. A copy of all rules and regulations
established hereunder and any amendments thereto shall be made
available to all Members at the Association office. Such rules and
regulations may be enforced by legal or equitable action.
5. ENFORCEMENT OF RESTRICTIONS: The Association through its
Board of Directors and officers, shall have the authority to
enforce restrictions imposed by this Declaration, in any manner
provided by law and/or equity. As the remedy at law for any breach
of any of the terms of this Agreement may be inadequate, the
Association shall have a right of temporary and permanent
injunctive and other equitable relief which may be granted in any
proceeding which may be brought to enforce any provision hereof,
including within such other equitable relief, specific performance,
without the necessity of proof of actual damage or inadequacy of
any legal remedy.
6 . CONTINUAL MAINTENANCE: In the event of a permanent
dissolution of the Association, then the Members shall immediately
be required to form a successor association (to be a not-for-profit
corporation) to hold title to the Common Property and provide for
the continued maintenance and upkeep thereof. Members of the
successor association may, upon a vote of its members, offer to
dedicate the Common Property to the city of Boynton Beach, Florida.
ARTICLE VI
ASSESSMENTS
1. AUTHORITY: The Association, through its Board of
Directors, shall have the power and authority to make and collect
Assessments as hereinafter set forth.
2. BASE ASSESSMENTS: Base Assessments shall be determined
annually for the purpose of maintenance and management of the
Association and the Common Property. Maintenance and management
expenses referred to herein include, but are not limited to, the
cost and expense of: operation, maintenance and management of the
Association, the Common Property, property taxes and assessments
R:\TlTCC.RES\l22\Declan.l
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ORB
8649 pg
980
against the Common Property; insurance coverage for the Common
Property; legal and accounting fees; management fees; normal
repairs and replacements; charges for utilities used upon the
Common Property; cleaning services; expenses and liabilities
incurred by the Association in the enforcement of its rights and
duties against Members or others; the creation of reasonable
reserves for capital expenditures and deferred maintenance of
depreciable items ("Reserves"), and all other expenses deemed by
the Board of Directors to be necessary and proper for management,
maintenance, repair, operation and enforcement.
3 . COMPUTATION AND COLLECTION OF BASE ASSESSMENTS: The
Association shall annually estimate the expenses it expects to
incur and the period of time involved therein and assess its
Members sufficient monies to meet this estimate. All Parcels shall
be assessed at a uniform rate such that each of the four Parcels
identified on Exhibit "B" shall initially pay 25% of each
assessment. The Parcel Owner shall be responsible to pay all
assessments levied in accordance with this Declaration except that
where such Parcel is being developed with single family residences
comprised of Units, the Owners of such Units shall divide all
assessments against the Parcel so that each Owner of the Unit in
such Parcel shall be responsible for its prorata share of such
payment. Notwithstanding the foregoing, the Declarant shall be
responsible to pay all assessments levied against the Single Family
Parcel until Declarant is no longer the record title holder of any
property within the single Family Parcel. Should the Association
at any time determine that the assessments made are not sufficient
to pay the expenses, the Board of Directors shall have authority to
levy and collect additional Base Assessments to meet such needs.
Base Assessments shall be collectible in advance monthly,
quarterly, semi-annually or annually, as the Board of Directors
shall determine. A Base Assessment shall be considered delinquent
if not paid by the due date.
4. SPECIAL ASSESSMENT: The Association may levy a special
assessment ("Special Assessment") against each Parcel for any of
the following purposes: the acquisition of property by the
Association; defraying the cost of construction of capital
improvements to the Common Property; the cost of construction,
reconstruction, unexpected repair or replacement of a capital
improvement, including the necessary fixtures and personal property
related thereto. Owners of each Parcel shall be responsible for
the payment of all Special Assessments levied hereunder provided,
however, that notwithstanding the foregoing, the Declarant shall be
responsible to pay all assessments levied against the Single Family
Parcel until Declarant is no longer the record title holder of any
property within the Single Family Parcel. When a Special
Assessment exceeds TEN THOUSAND ($10,000.00) DOLLARS per Parcel, it
shall require the approval of the membership of the Association, to
be obtained at a duly convened regular or special meeting at which
R:\1\TCC.RES\l2..."\Declara.l
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.
;""..0
8 49 P9
981
all voting Representatives and Additional Representative are
present in person or by proxy and such meeting is called at least
in part to secure this approval by an aff irmati ve vote of a
majority of same. Notwithstanding anything to the contrary herein
contained, it is recognized and declared that any Special
Assessment shall be in addition to and not part of any Base
Assessment, any such Special Assessment assessed against Parcels
shall be paid by such Parcel Owner in addition to any regular Base
Assessments. Special Assessments shall be paid in such
installments or in a lump sum as the Board of Directors shall, from
time to time, determine.
5. PARCEL ASSESSMENTS: The Parcel Association for each
Parcel may request that additional services or a higher level of
services be provided by the Association and, in such case, any
additional costs shall be added to such budget. Such budget may
include a capital contribution establishing a Reserve fund for
repair and replacement of depreciable items within the Parcel as
appropriate. Parcel expenses shall be allocated equally among all
Units within the Parcel benefitted thereby and levied as a Parcel
Assessment. The Board of Directors shall cause a copy of such
budget and notice of the amount of the Assessment to be levied on
each Unit in the Parcel for the coming year to be delivered to each
Owner of a Unit in the Parcel at least thirty (30) days prior to
the beginning of the fiscal year. Such budget and Assessment shall
become effective unless disapproved by a majority of Owners of
Units in the Parcel which the Parcel Assessment applies; provided,
there shall be no obligation to call a meeting for the purpose of
considering the budget except on petition of Owners of at least ten
(10%) percent of the Units in such Parcel.
In the event the proposed budget for any Parcel is disapproved
or the Board of Directors fail for any reason to determine the
budget for any year, then and until such time as a budget shall
have been determined as provided herein, the budget in effect for
the immediately preceding year shall continue for the current year.
6. EMERGENCY SPECIAL ASSESSMENTS: The Board of Directors
may levy an emergency Special Assessment ("Emergency Special
Assessment") when, in its sole determination, there is potential
danger of damage to persons or property. Such assessments may be
utilized to pay for preventative, protective or remedial
construction, reconstruction, improvements, repairs or replacements
to the Common Property in all areas of the Property. Events
justifying Emergency special Assessments include, but are not
limited to, hurricanes, floods and fires. Emergency Special
Assessments may also be levied for roof, plumbing or structural
repairs to improvements on the Common Property. Subject to the
limitations set forth herein, Emergency Special Assessments shall
be collectible in such manner as the Board of Directors shall
determine.
R:\T\TCC.RES\122\Declara.l
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;8
.-h'
L .......49 pg
982
7. INDIVIDUAL ASSESSMENTS: The Association may levy and
collect an individual assessment ("Individual Assessment") against
a particular Unit for the cost of maintenance, repairs or
replacements, within or without the Unit which the Owner thereof
has failed to perform and which failure or refusal to perform has
in the opinion of the Association, endangered or impaired the use,
value or appearance of the Property. The Association has a right
of entry onto each unit to perform necessary maintenance, repairs
or replacements, including the right to abate or eliminate any
nuisance. This Individual Assessment shall include an
administrative fee charged by the Association in an amount to be
determined, from time to time, by the Board of Directors in its
discretion. All Individual Assessments shall be collectible in
such manner as the Association shall determine.
8. COVENANT TO PAY ASSESSMENTS: In order to fulfill the
terms, provis ions, covenants and condi tions contained in this
Article and this Declaration, and to maintain, operate, preserve
and improve the Association's Common Property for the recreation,
use and benefit of the Association, Members and their guests,
invitees, tenants, lessees and licensees, there is hereby imposed
upon each Member of the Association the affirmative covenant and
obligation to pay the Association all assessments, including the
Base Assessment, Special Assessment, Emergency Special Assessment,
Individual Assessment, and Parcel Assessment as provided for and
subject to the terms, conditions and limitations set forth herein.
Each Member of the Association or Owner by acceptance of a deed or
other instrument of conveyance conveying a Unit, and each grantee
by acceptance of a deed or other instrument of conveyance conveying
a Pod, whether or not it shall be so expressed in such deed or
instrument, shall be obligated and agrees to pay to the Association
all assessments in accordance with this Article and this
Declaration and each consents and agrees to the lien rights set
forth hereunder. Except as otherwise set forth herein, the
obligation for payment of all assessments shall commence when title
to a Parcel, Pod or Unit is conveyed to the Owner or Member.
9. EFFECT OF NON-PAYMENT OF ASSESSMENT: All notices of
assessments from the Association to the Members shall designate
when the assessment is due and payable. If an assessment is not
paid on the date when due, it shall then become delinquent and
shall bear interest at the maximum rate allowed by Florida Law,
from the date when due until paid. The assessment, together with
interest thereon and the cost of collection thereof, including
attorneys' fees, shall be a continuing lien against the Unit or
Parcel against which the assessment is made and shall also be the
continuing personal obligation of the Owner of such Unit or Parcel.
If any assessment, or any installment thereof, shall not be paid
within thirty (30) days after the due date, the Association may, at
any time thereafter, accelerate the entire amount due for the
balance of the calendar year for which the assessment was made and
R:\1\TCC.RES\U2IDeclara.l
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URB
8649 pg
983
declare the same immediately due and payable. The Association may
also record a claim of lien in the Public Records of Palm Beach
County, Florida, setting forth the amount of the unpaid assessment
and the rate of interest due thereon. The Association may at any
time thereafter bring an action to foreclose the lien against the
unit, Parcel or Pod, and/or a suit on the personal obligation of
the Owner or Parcel Owner. In the event the Association prevails
in any such action, then there shall be added to the amount of such
assessment the following: the cost of such action, interest on the
assessment at the maximum rate, as above provided, and attorneys'
fees incurred by the Association. Any successor in title to a unit
or Parcel shall be held to have constructive notice of the records
of the Association to determine the existence of delinquency in the
payment of assessments.
10. CERTIFICATE OF ASSESSMENTS: The Association shall
prepare a roster of the units and Parcels and assessments
applicable thereto, which shall be kept in the office of the
Association and shall be open to inspection by all Owners and/or
Members. At the request of an Owner and/or Member, the Board of
Directors shall prepare a Certificate of Assessments (the
"Certificate") signed by an officer of the Association, setting
forth whether such Member or Owner is current with respect to such
assessments and/or the amount which is due as of the date of the
Certificate. As to parties without knowledge of error who rely
thereon, such Certificate shall be presumptive evidence of payment
or partial payment of any assessment therein stated as having been
paid or partially paid.
11. SUBORDINATION TO LIEN OF MORTGAGES: The lien for
assessments for which provision is herein made shall be subordinate
to the lien of any Institutional Mortgagee. Such subordination
shall, however, apply only to the assessments which have become due
and payable prior to a final sale or transfer of the mortgaged
unit, Parcel or Pod pursuant to a decree of foreclosure, or in any
other proceeding or conveyance in lieu of foreclosure of a
mortgage. No sale or transfer shall relieve any owner of a Unit,
Parcel or Pod from liability for any assessment thereafter becoming
due, nor from the lien of any such subsequent assessment. Any
delinquent assessments which are extinguished pursuant to a sale or
transfer in connection with the foreclosure of a Mortgage, or any
proceeding or deed in lieu of foreclosure, shall be reallocated and
assessed among all of the non-defaulted Owners and Members. The
wri tten opinion of the Association that the assessment lien is
subordinate to a mortgage lien shall be dispositive of any
questions of subordination.
12. PAYMENTS BY DECLARANT: Declarant shall be responsible
for the payment of that portion of the expenses for the Common
Property which exceed the amount to be paid by the other Members
pursuant to the budget of the Association.
R:\TlTCC.RES\122\Declara.l
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ORB 8649 Ps
984
ARTICLE VII
MAINTENANCE
1. ASSOCIATION' S RESPONSIBILITY: Pursuant to and subj ect to
the provisions of Article V, the Association shall maintain and
keep in good repair the Common Property, such maintenance to be
funded as hereinafter provided. This maintenance shall include,
but shall not be limited to, maintenance, repair, and replacement,
subject to any insurance then in effect, of all landscaping and
other flora, structures and improvements situated upon the Common
Property, including but not limited to drainage systems, irrigation
system, recreation and open space, utilities, traffic control
devices, the pedestrian system, all streets, lakes and such
portions of any additional property included within the Common
Property as may be dictated by this Declaration, or by a contract
or agreement for maintenance thereof by the Association.
Except as otherwise specifically provided in Sections 1
and 2 of this Article, all costs associated with maintenance,
repair and replacement of the Common Property shall be a common
expense to be allocated as part of the Base Assessment.
2. OWNER · S RESPONSIBILITY: Each Owner shall maintain his or
her Unit and all structures, parking areas and other improvements
comprising the Unit in a manner consistent with the community-Wide
standard and all applicable covenants, unless such maintenance
responsibility is otherwise assumed by or assigned to a Parcel
Association pursuant to any additional declaration of covenants
applicable to such Unit. Each Owner shall maintain all sprinkler
pipes and sprinkler heads which are part of the irrigation system
located on each Owner I s unit. Each Owner shall maintain the entire
driveway which services his or her Unit, any grass strip between
the sidewalk in front of the Unit and the street, as well as the
mailbox which serves the Unit. If any Owner fails properly to
perform his or her maintenance responsibility, the Association may
perform it and assess all costs incurred by the Association against
the unit and the Owner thereof in accordance with Article VI,
section 7 of this Declaration; provided, however, except when entry
is required due to an emergency situation, the Association shall
afford the owner reasonable notice and an opportunity to cure the
problem prior to entry.
3. APARTMENT OWNER AND CHURCH OWNER RESPONSIBILITY: The
Apartment Owner and Church Owner shall maintain their respective
Parcels and all structures, parking areas, buildings, Improvements
whatsoever, Exclusive Common Areas on such Parcels, lakes, streets,
street lighting, recreation areas, landscape buffers and landscape
within such Parcels in a manner consistent with Community-Wide
standard.
R:\1\TCC.RES\l22\Declan.l
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ORB
8649 pg
986
(D) Restrictions contained on the Plat, or filed
separately, with respect to all or any portion of the Property.
(E) All of the provisions of this Declaration, and the
Articles of Incorporation and By-Laws of the Association and all
Exhibits thereto, as same may be amended from time to time.
3. GRANT AND RESERVATION OF EASEMENTS: Declarant and Church
Owner hereby grant to the Association and the other persons and
entities hereinafter set forth, and Declarant and Church Owner
reserve unto themselves and their respective nominees the right, on
behalf of themselves and the Association, to grant the following
exclusive and non-exclusive easements on, upon, over, across,
through and under that portion of the Property owned by Declarant
and Church Owner respecti vely , as deemed to be in the best
interests of and proper for such property, including, but not
limited to, easements in favor of the Declarant, the Association,
Church Owner, Apartment Owners and Parcel Association, any
designees of the foregoing, Members, Owners, and all their family
members, guests, and invitees and lessees, and their family
members, guests and invitees and to various governmental and quasi-
governmental authorities and agencies and private concerns for the
purposes and uses hereinafter specified:
(A) Easements to provide for installation, maintenance,
service, repair of utilities are granted as shown on the Plat. The
Declarant, the Association and its Members (or such other entity as
is indicated on the Plats) are hereby granted rights of ingress,
egress and access to all easements within which such underground
facilities are located for the purpose of operation, maintenance
and replacement thereof.
(B) Easements for the installation and maintenance of
drainage facilities are granted to Palm Beach County, Boynton Beach
and/or other entities as shown on the Plat. All governmental
entities requiring same shall have access to all such drainage
easements for the purpose of operation and maintenance thereof.
(C) The Common Property is hereby declared to be subj ect
to a perpetual, nonexclusive easement in favor of the Association,
its Members, employees and agents of the Association, Owners,
Church Owners, Apartment Owners and their tenants, and of any
management entity contracted by the Association, in order that such
employees, agents and management entity may carry out their duties.
(D) Easements for the installation and maintenance of
signs are granted to all Subdivision Owners and the Apartment
Owners over the Common Property for signs relating to the
construction and sale of Units generally and the construction and
rental of apartments on the Apartment Parcel.
R:\T\TCC.RES\l22'IDeclan.l
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VKB 8049 P9
987
ARTICLE IX
DECLARANT'S RIGHTS
Any or all of the special rights and obligations of the
Declarant may be transferred to other persons or entities provided
that the transfer shall not reduce any obligation nor enlarge a
right beyond that contained herein, and provided further, no such
transfer shall be effective unless it is in a written instrument
signed by the Declarant and duly recorded in the Public Records of
Palm Beach, Florida.
ARTICLE X
USE RESTRICTIONS
1. RESTRICTIONS ON USE OF UNITS AND COMMON PROPERTY:
(A) Residential Use: All units and rental apartments on
the Apartment Parcels shall be used only as single-family or multi-
family, private, residential dwellings and for no other purpose,
except that the Apartment Owner may maintain a leasing office and
a maintenance office and recreational facility on the Apartment
Parcel, and Owners may use Units as sales offices.
(B) TemDorarv Structures: No structure or object of a
temporary character such as, but not limited to, house trailers,
tents, shacks, sheds or temporary or accessory buildings or
structures, shall be erected, kept or maintained on the Property,
or any part thereof. This restriction shall not apply to temporary
structures used by Declarant or with Declarant's consent, for
development, construction or sale of the Property. This
restriction may also be waived by Declarant with respect to
construction by Subdivision Owners and Apartment Owners, pursuant
to separate written agreements.
(C) Rules and Regulations: No person shall use the
Common Property on any Parcel or any Unit in any manner contrary
to, or not in accordance with, the rules and regulations which may
be promulgated by the Association from time to time.
(D) Enforcement of Restrictions: Declarant and the
Association, through its Board of Directors, shall have the
authority to enforce those restrictions imposed under this Article
X, and failure to do so shall not be deemed a waiver of the right
of enforcement.
R:\T\TCC.RES\122\Declara.l
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uriS 8649 P9
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/
ARTICLE XI
INDEMNIFICATION OF OFFICERS, DIRECTORS
AND MEMBERS OF THE MODIFICATION COMMITTEE
Every officer and director of the Association shall be
indemnified by the Association against all expenses and liability,
including attorney fees, reasonably incurred by or imposed upon him
in connection with any proceeding to which he may be a party or in
which he may become involved by reason of his being or having been
an officer or director, whether or not he is an officer or director
at the time such expenses are incurred, except in such cases
wherein the officer or director is adjudged guilty of willful
misfeasance or malfeasance in the performance of his duties,
provided that, in the event of any claim for reimbursement or
indemnification hereunder based upon a settlement by the officer or
director seeking such reimbursement or indemnification, the
indemnification herein shall apply only if the Board of Directors
approves such settlement and reimbursement as being in the best
interest of the Association. The foregoing right of indemnification
shall be in addition to and not exclusive of all other rights to
which such officer or director may be entitled.
ARTICLE XII
INSURANCE
Insurance, other than title insurance, that shall be carried
on the Common Property shall be governed by the following
provisions:
1. AUTHORITY TO PURCHASE; NAMED INSURED: All insurance
policies upon the Common Property shall be purchased by the
Association. The named insured shall be the Association. The
policies shall provide that payments by the insurer for losses
shall be made to the Association and any Mortgagee whose lien
encumbers the Common Property, as their interests may appear.
Property and casualty insurance for all Exclusive Common
Area shall be issued by an insurance carrier licensed by the state
of Florida, and shall be purchased, maintained and paid for by the
Parcel Association, if any, and if not by the Owner of such Parcel.
The Parcel Association or owner of such Parcel, as applicable, as
well as the Association will be the named insured, and the
Association shall be given written evidence of such coverage.
All Owners of units shall be responsible to obtain
property and casualty insurance for their respective Units and all
improvements thereon. Unless otherwise provided for by a Parcel
R:\T\TCC.RES\122\Declara.l
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\/1(8 8......J'49 29
989
Association, coverage limits and conditions shall be as set forth
herein or as otherwise determined by the Association.
2 . COVERAGE:
(A) Casualty Insurance: All buildings and insurable
Improvements on the Common Property, shall be insured for fire and
extended coverage perils, excluding foundation and excavation
costs, at their maximum insurable replacement value, and all
personal property owned by the Association shall be insured for its
full insurable value, all determined annually by the Board of
Directors of the Association.
(B) PUblic Liabilitv Insurance: The Association shall
obtain public liability and property damage insurance covering all
of the Common Property and Improvements thereon, and each Parcel
Association or, if none, the owner of the Parcel shall obtain such
coverage with respect to Exclusive Common Property and Improvements
owned by such owner or Parcel Association on its Parcel.
(e) Workmen1s compensation Insurance: The Association
shall obtain workmen's compensation insurance in order to meet the
requirements of law, as necessary.
(D) Flood Insurance: The Association, all Parcel
Associations or, if none, the Owner of a Parcel shall obtain flood
insurance to meet the requirements of federal, state, or local law,
or any regulation enacted pursuant to federal, state or local law,
as necessary.
(E) Other Insurance: The Board of Directors of the
Association shall obtain such other insurance as they shall
determine from time to time to be desirable, including, but not
limited to, Directors' and Officers' liability insurance.
(F) Subroqation Waiver: If available, the Association
shall obtain policies which provide that the insurer waives its
right to subrogation as to any claim against Members, the
Association and their respective servants, agents tenants and
guests.
3. PREMIUMS: Premiums for insurance policies purchased by
the Association shall be paid by the Association. The cost of
insurance premiums and other incidental expenses incurred by the
Association in administering and carrying out any of the provisions
of this Section shall be assessed against and collected from
members as part of the Base Assessment. Parcel Associations and
Owners of Parcels will pay all costs relative to insurance policies
purchased by such Parcel Association or owner of a Parcel, as
applicable.
R:\T\TCC.R.ES\l22\Declara.l
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oRB b649 P'3
990
4. SHARES OF PROCEEDS: All insurance policies purchased by
the Associat1on shall be for the benefit of the Association and any
Mortgagee whose lien encumbers the Common Property, as their
interests may appear, and shall provide that all proceeds covering
losses shall be paid to the Association.
5. DISTRIBUTION OF PROCEEDS: Proceeds of insurance policies
recei ved by the Association shall be distributed to or for the
benefit of the Members in the following manner:
(A) Reconstruction or Repair: If the damage for which
proceeds are paid is to be repaired or reconstructed, the remaining
proceeds shall be paid to defray the cost of such as hereinafter
provided. Any proceeds which remain after defraying such costs
shall be distributed to all Members who have contributed to payment
of the premiums.
(B) Failure to Reconstruct or Repair: If it is
determined in the manner hereinafter provided that the damage for
which proceeds are paid shall not be reconstructed or repaired, the
remaining proceeds shall be distributed to the Members who have
contributed to payment of the premiums. There shall be no
distribution of remaining proceeds until all debris, remains and
residue have been cleared and removed, and the damaged area has
been properly landscaped. In the event of loss or damage to
personal and/or real property belonging to the Association, and
should the Board of Directors of the Association determine not to
replace such personal and/ or real property as may be lost or
damaged, the proceeds shall be distributed to the Members.
6. ASSOCIATION'S POWER TO COMPROMISE CLAIMS: The Board of
Directors of the Association is hereby irrevocably appointed agent
for each Member and for each owner of a mortgage or other lien, for
the purpose of compromising and settling all claims arising under
insurance policies purchased by the Association, and to execute and
deliver releases therefor upon payment of claims.
ARTICLE XIII
RECONSTRUCTION OR REPAIR AFTER CASUALTY
1. COMMON AREAS: If any part of the Common Property shall be
damaged by casualty, the Board of Directors of the Association
shall decide whether to repair or reconstruct such damage.
2. PLANS AND SPECIFICATIONS: Any reconstruction or repair
must be substantially in accordance wi th the plans and
R:\l\TCC.RES\l22\DecIara.l
- 23 -
vr<8 8049 pg
991
specifications for the original buildings, or as otherwise
determined by the Board of Directors of the Association.
3. ESTIMATES OF COSTS: Immediately after a determination is
made to rebuild, replace, raise or repair damage to property for
which the Association has the responsibility of reconstruction,
replacement or repair, the Association shall obtain reliable and
detailed estimates of the cost to rebuild, replace or repair. Such
costs may include professional fees and premiums for such bonds as
the Board of Directors require.
4 . SPECIAL ASSESSMENTS: The amount by which an award of
insurance proceeds to the Association is reduced on account of a
deductible clause in an insurance policy shall be assessed equally
against all Parcels. If the proceeds of such Assessments and of the
insurance are not sufficient to defray the estimated costs of
reconstruction, replacement and repair by the Association, or if at
any time during reconstruction, replacement and repair, or upon
completion of reconstruction and repair, the funds for the payment
of the costs of reconstruction and repair are insufficient, Special
Assessments shall be made against the Parcels in sufficient amounts
to provide funds for the payment of such costs.
5. CONSTRUCTION FUNDS: The funds for the payment of costs of
reconstruction and repair after casualty, which shall consist of
proceeds of insurance held by the Association and funds collected
by the Association from Special Assessments shall be held in a
governmentally insured escrow account and disbursed for payment of
the costs of reconstruction and repair in excess of the proceeds
received from insurance coverage.
6. RECONSTRUCTION OF EXCLUSIVE COMMON PROPERTY. If any
Exclusive Common Property is damaged by casualty, the Parcel
Association, or if none the owner of such Parcel, shall determine
whether to repair or reconstruct the damage which repair will be at
its sole cost and expense.
7. RECONSTRUCTION AND REPAIR. If any Improvements other
than those on Common Property or Exclusive Common Property are
damaged by casualty, the owner of such Improvements shall determine
whether to repair or reconstruct the damage, such repair to be at
its sole cost and expense.
ARTICLE XIV
GENERAL PROVISIONS
1. DURATION AND REMEDIES FOR VIOLATION. The covenants and
restrictions of this Declaration shall run with and bind the
Property and shall inure to the benefit of and be enforceable by
R:\1\TCC.RES\UZlDeclara.l
- 24 -
nR"
-.J e,
80.49 P9
992
Declarant, Church Owner, Apartment Owner, the Association, the
Owner of any Unit and/or Members subject to this Declaration and
their respecti ve legal representatives, heirs, successors and
assigns, for an initial term. of twenty five (25) years from the
date this Declaration is recorded in the public records of Palm
Beach County, Florida. The covenants and restrictions shall
automatically be extended for successive periods of twenty-five
(25) years unless an instrument signed by the majority of Voting
Representatives and Additional Representative, if any, has been
recorded, agreeing to change or terminate the covenants and
restrictions in whole or in part. violation or breach of any
condition, covenant or restriction herein contained shall give the
Declarant and/or the Association a right of action before any court
of competent jurisdiction, whether in law or in equity, to compel
compliance with the terms of the covenants or restrictions, and to
prevent the violation or breach of any of them, and the expense of
such litigation shall be borne by the Member in violation, provided
such proceeding results in a finding that such Member was in
violation of the covenants or restrictions. Expenses of litigation
shall include reasonable attorney's fees incurred by Declarant
and/or the Association in seeking such enforcement.
2. COMPLIANCE WITH APPLICABLE LAWS. In addition to these
restrictions and covenants, the Members shall abide by the laws,
ordinances, rules and regulations of the state of Florida and Palm
Beach County.
3. NOTICE. Any notice required to be delivered to any Member
under the provisions of this Declaration shall be deemed to have
been properly delivered when mailed, postpaid, to the last known
address of the person as it appears on the records of the
Association at the time of such mailing.
4. SEVERABILITY. Invalidation of anyone of these covenants
and restrictions by judgment or court order shall in no way affect
any other provision, which shall remain in full force and effect.
5. AMENDMENT .
(A) In addition to any other right of amendment or
modification provided for in this Declaration, in which case those
provisions shall apply, Declarant, after obtaining the consent of
the Association, may by an instrument filed of record, modify,
enlarge, amend, waive or add to the covenants, conditions,
restrictions and other provisions of this Declaration. Such
amendments shall be subject to the prior approval required by any
appropriate governmental agency. Notwithstanding the foregoing,
amendments for correction of scrivener's errors may be made by the
Board of Directors of the Association alone without the need of
consent of any other person, including the Voting Representatives.
R:\T\TCC.RES\l22\Declara.l
- 25 -
ORB ~64 9 P9 993
(B) Any duly adopted amendment to this Declaration shall
run with and bind the Property for the same period and to the same
extent as do the covenants and restrictions set forth herein.
6. PRrORrTY OF DOCUKENTS. In the event of any conflict, the
following documents shall control in the order stated: this
Declaration and any amendments thereto, the Articles, the By-Laws,
and the Rules and Regulations of the Association.
7. VENUB. The parties hereto agree that the venue for any
action filed in appropriate courts regarding this Declaration shall
be Palm Beach County, Florida.
8. OSAGB. Whenever used, the singular shall include the
plural and the singular, and the use of any gender shall include
all genders.
9. EPPBCTrVE DATB. This Declaration shall become effective
upon its recordation in the pUblic records of Palm Beach County,
Florida .
IN WITNESS WHEREOF, Declarant and Church Owner have caused
these presents to be executed in its name, the day and year first
above written.
Signed, sealed and delivered
in the presence of:
FIRST BAPTIST CHURCH OF BOYNTON
BEACH, a
Name:
By:
Name:
[NOTARIBS ON NBXT PAGB]
R:\l\TCC.RES\l22\DecIan.l
- 26 -
.IriS L-:J49 pg 994
(B) Any duly adopted amendment to this Declaration shall
run with and bind the Property for the same period and to the same
extent as do. the covenants and restrictions set forth herein.
6. PRIORITY OF DOCUMENTS. In the event of any conflict, the
following documents shall control in the order stated: this
Declaration and any amendments thereto, the Articles, the By-Laws,
and the Rules and Regulations of the Association.
7. VENUE. The parties hereto agree that the venue for any
action filed in appropriate courts regarding this Declaration shall
be Palm Beach County, Florida.
8. USAGE. Whenever used, the singular shall include the
plural and the singular, and the use of any gender shall include
all genders.
9. EFFECTIVE DATB. Thfs Declaration shall become effective
upon its recordation in the public records of Palm Beach County,
Florida .
IN WITNESS WHEREOF, Declarant and Church Owner have caused
these presents to be executed in its name, the day and year first
above written.
Signed, sealed and delivered
in the presence of:
Name:
Name:
Howard Scharlin, Trustee
FIRST BAP~~CH OF Cl~
BEACH, a .lv\ ~
By: ~07'7' d= 1k,Cw.-
:!!.~f""OT4.ye s. V4.tF1~
lc.--vSf.ee/~JJ.J'J ~ff~
"'"
R:\1\TCC.RES\122\Decra.l
- 26 -
. ....3.-..
, ~;:~ \\ Q.\ Ii C J.t ,
",~~ ...' ...00
"....i.C3.... ot'\.......~ 1-
.... Ki ..' ,(,O~''d'CI " '':'.
__.: f::.,,'. ~.~'\. ';-k ''4, '.. /.
'..',q" ','1":'J(1 ')~. .0
.~'~: ,', P.:) 7;~ :~'" '~.1 '~ : -;:~ .
:t~:" : ,1tJ,.,~.,,',:i'f)'J ; ", '
~_ t~~~'t . .... ('// I)(')..,~~' : :"-.-;
,~ tI"... ,'0 ", """/'/ 0., ~
;~ <!;." u.. ....).:;;i)~ ./J.__,:>
<~:, V' G~:~~;or~:,~,g:.:,:.. ',.
".I.I.I/" -'..:> ~) ,I .
....4 J !.lll . . . . ~ 1\ \ '" ._., '. .
[NOTARIBS ON NEXT PAGB]
ORB 8649 pg 995
STATE OF FLORIDA
COUNTY OFj)o.c4,
The f~egOing instrument was ~cknowledged before me this ~/s~
day of {!.ill'v~rtc ' 1992-, by Howard Scharlin, who is
personally known 0 me or who has produced a Florida driver's
license as identification and who did not take an oath.
c~,:~~/
Notary Public
Name:
Commission Expires:
Serial Number:
JCENIA SANOIEZ
NOI'ARY PUBUC Sf ATE OF
COMMISSION NO. CC381140
MY COMMISSION EXP. ULY 4.1998
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this ___
day of , 199__, by , as ___
of FIRST BAPTIST CHURCH OF BOYNTON BEACH, a
who is personally known to me or
who has produced a Florida driver's license as identification and
who did not take an oath.
Notary Public
Name:
Commission Expires:
Serial Number:
R:\T\TCC.RES\l22\Dedn.l
- 27 -
STATE OF FLORIDA
ORB '8649 P9 996
COUNTY OF
The foregoing
day of
personally
license as
instrument was acknowledged before me this ~
, 199__, by Howard Scharlin, who is
known to me or who has produced a Florida driver's
identification and who did not take an oath.
Notary Public
Name:
Commission Expires:
serial Number:
STATE OF FLORIDA
COUNTY OF PoJL. ~
q(o
- 'I 966l'Ll.LcI3S 'dXH NOlSSIY'H~O:> AN
t66SZO:J 'ON NOISSINWO:>
VaI1f01:i .:10 llV.LS :Jl1and A1fVlDN
SMOOV3W 3INVHd:US
1V'1~ Ai/V.LON 1'11:>1:1.:10
OFFICIAL NOTARY SJ::.AL
STEPHANIE MEADOWS
NOfARY pUBLIC STATE OF FLORIDA
COMMISSION NO. CC228994
MY COMMISSION EX1'. SEPT 17,1996
,/
R:\T\~n.l
- 27 -
Ut::;~HI~ I IUN
--- . ....
"0" n
997
-"RS
n L49 ~
~ r9
;.. ::-3r::el ot ~and 51.t::..Idte 10 .5ect:::Jn ~::, -:"::',o/nSnlp 45 5ou::':1. :=.ange ~~ :::a.St,
?aim Beach C~unt.r' ;:-~~rlda, :lelng more par!:;.c"..llarl:,' descrl.bed .>JS ~ell~...s:
:CMMgHC!NC at. the Southeast corner ~f Sect. ::.on 29 TOwnctllp 15 South. Kange 43
Sase, Palm Beach Couney, Florlda; thence alonq the East. l~:1e ~~ sald 5eC::'lon
23 ~loreh C1e3"'16~ West., a distance ::J! :.302 55 ~~et ':0 r:he ?OrnT OF
3EGINNING.
From the POINT OF 9EGINNING; t.hence departing said East. :ine Sout.h ~B-25'13~
~est., a dlst.ance of 1271.36 feet to a non-r:angent curve havlng a radius of
:S4'i,Z5 !eet frem which a ::-adial line bears Nor::.h 78.S5')6" Zast. t.hence
Sout11.easterly along the arc at said cU:-Je subtending " cent.ral angl~ of
QS-09' 1)", a dist.ance o! 2~9.S9 feet. to a pOlnt. of reverse curvat"..lre: ~:1enca
:oncinue Sout.heasterly along the arc ot ~ curve ::'0 ::.he r1ght. hav1ng a radluS
:f :~43.i4 feet, subtending a central angle ~f 1C-24'39~, an arc distance of
:16,34 feet: thence Souc:h 88026' ::'3" '..lest, a distance ~t l53, SO feet. co:: a
pOLO:: ~f inl:ersect:ion '",iC:h t.he East right: 'of -'",ay line of the Lake Worth
~rainage District: E-4 Canal as desc=ibed in ~fficial Records Sook 2146, Page
176 ::Jf the Public Records of Palm Beach County. Florlda; thence Nor::h
20.~4"~1' West: along said Sase Right-ot-Way ~ine, a distance of l012 13 feet
:0 a pOlnt o! intersection with the ~est.erlr projeccion of the South l~ne of
.Palm Beach Leisureville Section 3"; thence along said 60uth l1n& N65-S2'06
~asc, a distanc~ of 248.35 feet: t:o the sout.r-east =orner of Lot. 4, Block 23 of
sa1:: "Palm Beach Leisureville Sect:1on 3"; thence North 8so,;;5'Sl" ';:as::., a
distance of 60,00 feet to a point: on the East :ine of a 60 foot -ide r:3ht-
of-~ay ~or S.~ 8th Street: (Formerly known a Barcelona Way as shown on che
Plats of .~ake Boynton Sstates Plat 1" as recorded In Plat Book 13 at Page 32
and "Lake Boynt.on Estates Plat 2" as recorded in Plat BoOK 14 at Page !,7, of
sa~d Public Records of Palm Beach County; t:hence along said East right.of-way
line North 01033'09" West, a distance of 1640 08 feet: ::0 the Northwesc corner
of Loe 12. Block 20 of said "Lake Boynt.on Estat.es Plat 1 ~; ::l':ence Nor<::h
88026'::'3" East along the Nort:h line of sald Block 20 a distance of 250,00
feet to the Nort.hwest. corner of t.oc: 7 of sa1d Block 20; thence Sout.h
010)3'09" East, a distance of 120.00 reet t~ the Southwest. corner of sa1d Lot
1; t~ence North 08"26'13" East, a distance ot 50.00 ~eet to :he Southeast
:orncr of caid ~ot 7, thence Souch 010))'09" S~ct, a di~tance of 170.:0 feet
Lu Llh~ Nvl.'t:.hw4!st C01:ner of Lot 6, Blade 21 of the aforeslud ~L<!l)ce i3oynton
~states Plae 2", ::hence North 90.26'1)" East. a distance of SO 00 feet to the
Nut'Lhca=L corner ot said Lat &; thence South 01"33'09' Ealic, a distance of
120.00 f~~l lu Lhc South~<U'Jt c:ornp.r of A..ir:l Lot &; thp.nce N01:th 88-26'13"
2a.t along the Horch line of the South one-halt l~ 1/~1 of Blocks ~1 und 22
"f ~aici "Liike Boynton ~6tates Plat 2-; a distance of 1150.75 feet to the
S(,tJthw~r.r, r.nTnf'!r elf Lot fa, Bludc 23 uf t>..id "Lake BoynLul1 Et>Ldl~S PIaL 2";
thence Norch 01 )4'16" West ~lonCJ the West. 11ne of Blocks 23, 18A ~nd 18. i.I
discance of 710.00 ~eet t~ the Horchvest corner ot ~ot 3, alock 19 ~f the
aforesaid "=.ake Boynton Eatat.a Plat 1", a distance of 710 feet to the
~lort.hwe8t corner ,of ,LOt: J, -Block ~8 of said ~Lake -l:lOynt.on a!Ka-t:es ~lat l"',
said corner also being the beginning of a non-tangent curv~ having a radium
of 390.36 feet, from which a radial line bears North 01034'16" West; thence
Northeasterly, along the arc at said curve and along the ~Jorth line of said
Lot 3, subtending a central angle at 07"21'32", a distance of 50.14 feet to
:he Norcheast corner of said Lot 3: thence North 01-3~'16~ w~st, a distance
of 186.78 feet: to the Southeasc corner of Lot J; Block 11,\ of said -Lake
Bov~con EsCates Plat 1"; thence Souch 88.25'13" West. a discance of SO 00
-fe~t to the Southwest corner of said Lac 3; thence North 0:034' l6~ ~est along
t.~e ~f!st line of said Lot 3: a discance of 110. 00 ~eet co :~e Non:h''''est
corn€~ ot said Lot 3, said corner also being ~he beglnn::.ng of ~ non-tangent
C'.JI."'J~ ha'Jir.g a radius at 352.92 feet. from '..hich a radial li.:1e bears North .-i
01-34' ::'5" Wesc; thence along the arc of sai::!. cur"':~ and along t:te Horth line
~f L~t.s 1, 2 and 3 of s~id Block 11A, subtending'" central angle of
250:3' 08", a dist.ance ot 154,93 feet to the Norc:heast corner of sald :..ot 1
and the West line of Seaboard Coast Line Railroad riqh::'of-~~v. as shown =n
an '.J~recorded clght-of-way map; thence along t~e eaSt~boundary lines of sa1d
.~a~e Boynton Estat.es Plat 1~ and "Lake Boynton Estates Plat 2- and the sald
West =lght.-ot.~ay line of the Seaboard C~ast ~ine Ra1lrcad Sou::.h Jl'34'16~
::a8~, a distance of 1477.76 feet co t.he Southeast. =orner cf :he Sor:heast
one-quarter (HE l/~) ot said Section 29: thence ccnt~nuir.g 31cng :~e sa1d
~dSt. ~:ne of "Lake Boynton Estates Plat 2- and the east line of sald Sec::'lon
29 and the said ''''est. right-at-way line Soueh 01-34'16" East. a distance of
1J23 82 feet. :::J the point of beginning,
SalC ~and6 S1::"..late 1.n the City of Boyntor. 8eac:l, Palm 9l2ac::. C.=unty. ?'lcrl::a,
7he 3bovp. ::escrlbed parcel contains al.116 3cres ~t :and ~or~ or :ess
Subject. ::0 Easement, Restrictions, Covenant.s and Rights-0f-~aY3 of re~o~d
-:J
.
MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 21, 1995
Mayor Hanmening asked how much infiltration comes into this system.
Mr. Mazzella said it is nothing really noticeable. He is going to keep an eye
on it. He advised that it is a very small system. There is a portable sonic
meter, and they get their drinking water from Manalapan.
Mayor Hanmening saw no reason to make it effective in December. City Attorney
Cherof advised that it cannot be made retroactive.
The motion carried 5-0.
6. Proposed Resolution No. R9S-31 Re: Final Plat approval for the
Vinings PUD
This item was dispensed with earlier in the meeting.
D. Other
1. Code Enforcement lien reduction for George Sands (Palm GR
Associates)
This item was dispensed with earlier in the meeting.
2. Update on Jaeger Lawsuit
City Attorney Cherof advised that Arline Weiner's Motion for Costs was heard
and granted. The costs are somewhere in the neighborhood of $800.00. The Order
contains the provision that the costs be paid as a condition of Mr. Jaeger pro-
ceeding with his most recent lawsuit. The City has not yet been paid.
XI. UNFINISHED BUSINESS
None.
XII. CITY MANAGER'S REPORT
City Manager Parker had nothing to report at this time.
XIII. OTHER
None.
- 29 -
MINUTES - CITY MISS. I MEETING
BOYNTON BEACH. flORIDA
FEBRUARY 21. 1995
Motion
Commissioner Aguila moved to approve the request for approval of the construc-
tion plans and preliminary/final plat for construction Qf. infrastructure,
landscaping and private recreation, per staft comments, of the Vinings at
Boynton Beach - Phase 1, subject to the resolution of the possible discrepancy
on the easement. Vice Mayor Matson seconded the motion, which carried 5-0.
Proposed Resolution No. R95-31 Re: Final Plat approval for the
Vinings PUD
City Attorney Cherof read Proposed Resolution No. R95-31 by title only.
Motion
Vice Mayor Matson moved to approve Proposed Resolution No. R95-31. Commissioner
Aguila seconded the motion, which carried 5-0.
Proposed Resolution No. R9S-28 Re: Abandonment of a 12 foot wide
utility easement running approximately 200 feet east of and along
S. W. 8th Street - Woolbright Place PUD
City Attorney Cherof read Proposed Resolution No. R95-28 by title only.
Motion
Vice Mayor Matson moved to approve Proposed Resolution No. R95-28. Commissioner
Aguila seconded the motion, which carried 5-0.
B. Non-Consent Agenda - Not unan1~usly approved by the Planning and
Development Board
Whtpow1l1 A,.
Burton Metsch
Between FEe Railroad and S. E. 4th Street,
approximately 100 feet north of S. E. 5th Avenue
Site Plans: Request for site plan approval to
construct a 20,738 square foot, 2 story, 39 motel
apartment complex with associated parking and
landscaping.
Ms. Heyden advised that this is a request to raze two single-family homes and
construct a thirty-nine unit motel apartment complex comprised of two buildings
in their place. Per our definition of motel apartments, no more than twelve of
them will have kitchens.
1.
Project Name:
Owner:
Location:
Description:
The property is located on the west side of S. E. 4th Street, approximately 100
feet north of S. E. 5th Avenue. There is one two-way driveway off of S. E. 4th
Street to provide access to the property. The site is located in the Coastal
- 14 -
'7
MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
FEBRUARY 21. 1995
He again assured them that this incident will be investigated and the City will
continue to train their police officers.
Veronica Mackey, 180 N. E. 19th Avenue, spoke about the incident that occurred
at the Bay Club on Saturday night. She said Daemon Hawkins, who is White, and
Wesley Mackey, who is Black, were charged with resisting arrest and assault and
battery on a police officer. However, Daemon Hawkins was charged with a mis-
demeanor and Wesley Mackey was charged with a felony. She wanted to know why
one was charged with a misdemeanor and one with a felony. City Manager Parker
advised that this will be investigated.
Gloria Thompson of Lantana also spoke of the incident that occurred at the Bay
Club. She stated that some of the children were concerned about Wesley Mackay
and went to the Police Department to see what was wrong. When they arrivedt
they were arrested. However, the police report indicates that they were
arrested at the Bay Club.
Martin Johnson, 126 Executive Circle, agreed that Miner Road is a County road.
However, he felt the City is responsible because it is allowing development,
knowing what is going to happen.
MAYOR HARMENING DECLARED A RECESS AT 8:19 P. M. THE MEETING RESUMED AT 8:31
P. M.
VIII. DEVELOPMENT PLANS
A. Consent Agenda - Unanimously approved by the Planning lnd Development
Board
The Vinings at Boynton Beach - Phlse I
CCl Consultants, Inc.
TRC South Florida Apartments, Inc.
East side of S. W. 8th Street, approximately 1,400
feet north of Woolbright Road
Request for approval of the construction plans and
preliminary/final plat for construction of
infrastructure, landscaping and private recreation
to serve 252 rental apartments in connection with
a previously approved planned unit development.
Mayor Hanmening asked why the plat for the Vinings is not fully in order at this
time.
1. Project Name:
Agent:
Owner:
Location:
Description:
William Hukill, the Director of Development, stated that apparently some of the
easements for the future utility lines on the site may be in the wrong place.
This has to be reviewed before the plat is signed and recorded. He suggested
approving it subject to the corrections being made with those easements. He and
the Mayor will not sign it until the correction is made.
- 13 -
MINUTES - en COMMISS~ . MEETING
BOYNTON BEACH, flORIDA
FEBRUARY 21, 1995
Motion
Commissioner Aguila moved to approve the request for approval of the construc-
tion plans and preliminary/final plat for construction ~f infrastructure,
landscaping and private recreation, per staff ccnments, 0." the Vinings at
Boynton Beach - Phase 1, subject to the resolution of the possible discrepancy
on the easement. Vice Mayor Matson seconded the motion, which carried 5-0.
Proposed Resolution No. R95-31 Re: Final Plat approval for the
Vinings PUD
City Attorney Cherof read Proposed Resolution No. R95-31 by title only.
Motion
Vice Mayor Matson moved to approve Proposed Resolution No. R95-31. Commissioner
Aguila seconded the motion, which carried 5-0.
solution No 5-28 Re: Abando foot wide
asement run g approximately along
8th Street - oolbright Place
111 Anal
rton Metsch
Between FEe Railroad a S. E. 4th Street,
approximately 100 f north of S. E. 5t venue
Site Plans: Requ for site plan app al to
construct a 20, square foot, 2 st ,39 motel
apartment c x with associated king and
landscaping
. Heyden a
construct
in their
them wi
t to raze two singl
hirty-nine unit motel rtment complex camp
ace. Per our def1nit1o of motel apartments
have kitchens.
The roperty is located on th west side of S. E. ately 100
f north of S. E. 5th Ave e. There is one two ay driveway off f S. E. 4th
reet to provide access t the property. The the Coastal