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LEGAL APPROVAL -'" 1p.f ~ . Q r 1 ~" {.L 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 tZ~~C:tVi/ 4~);( William Hukill, P.E. City Engineer WVH/ck [\\uJ r~ @ ~ ~ -rI~ ,,' q \\1\1 i<lJlR ~ \, PL~NN\NG f\ND ZONING nUT. 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 .... ~ J "' / --. 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. ~.{(~ ih .<;h V e (~ t~ 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. I' 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. Ii " !i PASSED AND ADOPTED this dt./ day of February, 1995. :1 CITY OF BOYNTON BEACH, FLORIDA :i :1 I I J- . --- -(.~ . ! /".,.. . , ;:.---L ' ''; ,_ . ., ./' .' (... ~:. <.- ;;.!, ... 1- l . _, .- '1:. . _'-'; Mayor :1 ~- ~ ~j~L_ v,; ~r ~, ,-... ,~--- Y\./\ ..:~- \'\ =$~---, " 'I II >! II ,I I' I: " ij II I ATTEST: ~~~~~<>~. 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 ..~......,--, -- 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) 4 . / PREPARED BY AND RETURN TO:/ AMY S. SCHLOSSER, ESQUIRE Broad and Cassel 7777 Glades Road, suite 300 Boca Raton, FL 33434 "1'. Q "r> ,...,,...1:' "'"' -' ,,-,.,..,- i"nl\-L!C-171J .J:J4pfl1 '7':J-072-::---7)O ORB 8649 P9 968-- I I.. .11 I' ..11 I III III III ,~L.;.\I) lt~ ' ~ii -\7 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 - 2 - 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 - 3 - 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 - 4 - 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 - 5 - 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. R:\T\TCC.RES\122\Declara.l - 6 - VK8 8649 pq 974 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 R:\T\TCC.RES\122\Declara.l - 7 - vRB 8649 P9 97q . -J' 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 R:\1\TCC.RES\l22\Dec:lara.l - 8 - 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 - 9 - "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 - 10 - 0HB 8649 P9 978 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 - 11 - 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 - 12 - 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 - 13 - . ;""..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 - 14 - ;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 - 15 - 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 - 16 - 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 - 17 - 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 - 19 - 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 - 20 - uriS 8649 P9 988 / 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 - 21 - \/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 - 22 - 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