LEGAL APPROVAL
I '-<- t:.e.- I ..-- .
f \ 'j '<2.. 5 u 'u' - 'u,,"! .7V' (:01"-'
--- ..\ ~~) ~
I M 11 rJ \ ~ (\4 ,,9 ~~ ,
/ ~Jt P'c';~~ ~tt~f~~~~t .
/ID' j\P It ,,1J~ vi W~ 111'\
\~ S";f>\~ ~I),t; r.\(~~ G\
-1' (~f ~~i: (P~L \1'" V
l ~\ ~rJ~ n\t ~
y\ ft'P 0(,,11.
~ ~ D THI DECLARATION is made this day of , 19 , by
1P HOWARD SCHARLIN, as Trustee, who declares that the real property
described in Article II, is and shall be held, transferred, sold,
conveyed and occupied subject to the covenants, restrictions,
easements, charges and liens (sometimes referred to as "covenants
and restrictions") set forth below.
\.. c,..-" ~ \~l
!.:.t../Y\...Jo (' )
M'7r'tl)
DECLARATION OP RESTRICTIONS
AND PROTECTIVE COVEHAN'l'S
FOR WOOLBRIGHT PLACE
The Association, as hereinafter defined, is not a condominium
association and therefore shall not be affected by the provisions
of Chapter 718, Florida Statutes. Further, the expressed intent
of this Declaration is that the substantitive rights hereunder
shall not be retroactively affected by legislation subs~ent to
the date of execution.
ARTICLE I
DEFINITIONS
The following words when used in this Declaration (unless the
context shall prohibit) shall have the following meanings:
(a)
(b)
(c)
(d)
"Assessments" - those payments due pursuant to Article
V, whether General or Special (as hereinafter defined),
or a combination thereof. ~
I
"Association" - WOOLBRIGHT PLACE MASTER ASSOCIATION,
INC., a Florida corporation not-for-profit, which is to
be incorporated.
"Common Areas" - the real property legally described in
Exhibit "B" attached hereto and incorporated herein by
reference, and any other interest in real property
acquired by the Association and deemed Common Area
either in this Declaration or in the instrument of con-
veyance, together with any improvements on such tracts
including without limitation all structures, recrea-
tional facilities, offstreet parking areas, private
streets, sidewalks, street lights, and entrance fea-
tures, but excluding any public utility installations
thereon.
(
I
"Developer" - HOWARD SCHARLIN,
cessors and assigns, if such
as Trustee, his suc-
successor Ror a~/ig~.;.,e~
BCEfV ~lJ
OCT 2!) 'g~ "
- 1 ..,U
p} ': r.J:, Ii' 1...-.
, 'r., .,..
-, ,- ,- ~
rf Ie.
. fJ/" -r :eo ( r?' DI .J-
5 v lJ II - 4;:f (.Y<:(('o rl '''-'' - r-re( \c>;..J
() 0 - G C' l(;;n-' ""--
~"
/a-trJo r I
"'-!eLf" en
DECLARATION OF RESTRICTIONS
AND PROTECTIVE COVENANTS
FOR WOOLBRIGHT PLACE
THIS DECLARATION is made this day of , 19 , by
HOWARD SCHARLIN, as Trustee, who declares that the real property
described in Article II, is and shall be held, transferred, sold,
conveyed and occupied subject to the covenants, restrictions,
easements, charges and liens (sometimes referred to as "covenants
and restrictions") set forth below.
The Association, as hereinafter defined, is not a condominium
association and therefore shall not be affected by the provisions
of Chapter 718, Florida Statutes. Further, the expressed intent
of this Declaration is that the substantitive rights hereunder
shall not be retroactively affected by legislation subsequent to
the date of execution.
ARTICLE I
DEFINITIONS
The following words when used in this Declaration (unless the
context shall prohibit) shall have the following meanings:
(a) "Assessments" - those payments due pursuant to Article
V, whether General or Special (as hereinafter defined),
or a combination thereof. \
\
(b) "Association" - WOOLBRIGHT PLACE MASTER ASSOCIATION,
INC., a Florida corporation not-for-profit, which is to
be incorporated.
(c) "Common Areas" - the real property legally described in
Exhibit "B" attached hereto and incorporated herein by
reference, and any other interest in real property
acquired by the Association and deemed Common Area
either in this Declaration or in the instrument of con-
veyance, together with any improvements on such tracts
including without limitation all structures, recrea-
tional facilities, offstreet parking areas, private
streets, sidewalks, street lights, and entrance fea-
tures, but excluding any public utility installations
thereon.
(d)
"Developerll - HOWARD SCHARLIN,
cessors and assigns, if such
as Trustee, his suc-
successor ~ECEiVED
-~-.
OCT 29 1990
PtANN/i'JG nr.f)T.
-..--~
..
--- --'-~_._-"-----'---------
acquires the undeveloped portion of the Properties and
is designated as such by HOWARD SCHARLIN, as Trustee.
The Developer may make partial or multiple assignments
of his rights under this Declaration. All such
assignees shall be deemed to be the Developer as to
those rights which may have been assigned to them.
(e) "General Assessments" - Assessments levied to fund
expenses applicable to all Members of the Association.
(f) "Institutional Lender" - any person or entity (i) hold-
ing a mortgage encumbering a Lot, which (ii) in the
ordinary course of business makes purchases, guarantees
or insures mortgage loans, which (ii) is not owned or
controlled by the Owner of the Lot encumbered, and which
(iv) notifies the Association of same by written notice
sent, certified mail, return receipt requested, to the
Association's office. An Institutional Lender may
include, but is not limited to, a federal or state char-
tered bank or savings and loan association, an insurance
company, a real estate or mortgage investment trust, a
pension or profit sharing plan, a mortgage company: the
Government National Mortgage Association, the Federal
National Mortgage Association, the Federal Bome Loan
Mortgage Corporation, an agency of the United States or
any other governmental authority, including the Veterans
Administration and the Federal Housing Administration of
the U.S. Department of Housing and Urban Development, or
any other similar type of lender generally recognized as
an institutional type lender. For definitional purposes
only, an Institutional Lender shall also mean the holder
of any mortgage executed by' or in favor of Developer,
whether or not such holder would otherwise be considered
an Institutional Lender.
(g)
"Lot" - any Lot and any improvements thereon
properties and any Lot and any improvements
shown upon any resubdivision of any plat of the
ties or any portion thereof.
in the
thereon
Proper-
(h) "Owner" or "Member" - the record owner, whether one or
more persons or entities, of the fee simple title to any
Lot.
(i) "Properties" - all property and additions thereto (which
additional property mayor may not be contiguous to the
real property described in Article II herein), as is
subject to this Declaration or any Supplemental Declara-
tion under the provisions of Article II hereof.
2
(j) "Special Assessment" - Assessments levied in accordance
with Article V, Section 4 of this Declaration.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION: ADDITIONS THERETO
Section 1. Legal Descri~tion. The real property which is
and shall be held, transferre , sold, conveyed and occupied sub-
jectto this Declaration is located in Palm Beach County, Florida
and is more particularly described in Exhibit "A" attached hereto
and made a part hereof.
Section 2. Develo er's Ri ht to Add Additional Pro ert to
or WI th raw Property. Developer shall have the rIght, In Its
. sole discretion, to add additional property (which mayor may not
be contiguous to the real property described in Section 1) to the
scheme of this Declaration. Developer shall also have the right
to withdraw property not previously conveyed to an Owner from the
scheme of this Declaration subject to the approval of Palm Beach
County. The addition or withdrawal by Developer shall not
require the consent or joinder of the Association, or any Owner
or mortgagee of any of the Properties. Upon addition of any prop-
erty to the scheme of this Declaration, the owners of such addi-
tional property shall be and become subject to this Declaration,
including assessment by the Association for their pro rata share
of the Association expenses. The addition of lands as aforesaid
shall be made and evidenced by filing in the Public Records of
Palm Beach County, Florida, a supplemental declaration with
respect to the lands to be added.
ARTICLE III
WOOLBRIGHT PLACE MASTER ASSOCIATION, INC.
Section 1. Membership. Every person or entity who is a
record owner of a fee or undivided fee interest in any Lot in the
Properties shall be a Member of the Association. Notwithstanding
anything to the contrary set forth in this Section 1, any such
person or entity who holds such interest merely as security for
the performance of an obligation shall not be a Member of the
Association.
Section 2. Voting Right.
classes of voting membership:
The Association shall have two
3
Class A Class A Members shall be all those Owners as
defined in Section 1, with the exception of the
Developer. Class A Members shall be entitled to
one vote for each Lot in which they hold the inter-
ests required for membership by Section 1. When
more than one person holds such interest or inter-
ests in any Lot, all such persons shall be Members,
and the vote for such Lot shall be exercised by one
such Member as specified in the Articles of Incor-
poration of the Association but in no event shall
more than one vote be cast with respect to any such
Lot.
Class B The Class B Member shall be the Developer. The
Class B Member shall be entitled to one vote for
each Lot in which it holds the interest requi red
for membership by Section l; provided, however,
that notwithstanding any provision to the contrary,
the Developer shall have the right to elect the
entire board of directors of the Association until
such time as Developer no longer holds the title to
any portion of the Properties, including Lots on
any additional property which may have been brought
under the provisions hereof by recorded supplemen-
tal declarations as set forth in Article II hereof.
Within 120 days after the date the Developer no longer holds
ti tIe to any portion of the Properties, Developer shall call a
meeting, as provided in the Bylaws for Special Meetings, to
advise the membership of the termination of Class B status and to
provide for the turnover of control of the Board of Directors to
the Owners.
Section 3. Merger or Consolidation. Upon a merger or con-
solidation of ,any association referred to herein with any other
association, the Properties, rights and obligations of the Asso-
ciation may, by operation of law, be transferred to another sur-
viving or consolidated association or, alternatively, the Proper-
ties rights and obligations of another association may, by opera-
tion of law, be added to the Properties, rights and obligations
of any association as a surviving corporation pursuant to a mer-
ger. The surviving or consolidated association may administer
the covenants and restrictions established by this Declaration
wi thin the Properties together wi th the covenants and restr ic-
tions established upon any other property as one scheme. No such
merger or consolidation, however, shall effect any revocation,
change or addition to the covenants established by this Declara-
tion.
4
Section 4. Termination of the Association. In the event of
dissolution of the Association, for whatever reason other than
merger or consolidation as provided for herein, any Owner may
petition the Circuit Court of the Fifteenth Judicial Circuit of
the State of Florida for the appointment of a Receiver to manage
the affairs of the Association and to make such provisions as may
be necessary for the continued management of the affairs of the
dissolved Association, the Properties and Common Areas.
Section s. Common Areas.
A. Ownership. Developer may retain legal title to the
Common Areas so long as it owns fee simple title to at least one
Lot in the Properties. Within 120 days after the conveyance by
the Developer of the last Lot which it owns in the Properties (or
sooner at the Developer's option), the Developer or its succes-
sors and assigns shall convey and transfer the record fee simple
title to the Common Areas to the Association and the Association
shall accept such conveyance, subject to taxes for the year of
conveyance and to restrictions, limitations, conditions, reserva-
tions and easements of record.
B. Maintenance. Commencing with the date this Declara-
tion is recorded, the Association shall be responsible for the
maintenance of the Common Areas and any improvements or personal
property in a continuous and satisfactory manner and for the
payment of taxes assessed against the Common Areas, if any, and
any improvements and any personal property thereon accruing from
and after the date these covenants are recorded. Taxes, if any,
shall be prorated between Developer and the Association as of the
date of such recordation. The Association shall at all times
maintain in good repair, and shall replace as scheduled any and
all improvements situated on the Common Areas (upon completion of
construction by Developer), including, but not limited to, all
recreational facilities, landscaping, paving, drainage struc-
tures, street lighting fixtures, television and radio antennae
and cable for common use, signs, irrigation systems, sidewalks,
and other structures, except public utilities, all such work to
be done as ordered by the Board of Directors of the Association
acting on a majority vote of the Board members. Maintenance of
the street lighting fixtures shall include the fixtures within
the Common Areas and shall further extend to payment for elec-
tricity consumed in the illumination of such lights. All work
pursuant to this Section and all expenses hereunder shall be paid
for by the Association through assessments as provided in this
Declaration. Such assessments shall be against all Lots equally:
provided, however, that the cost of any maintenance, repair or
replacement caused by the negligent conduct of a Member or by the
failure of a Member to comply with the lawfully adopted rules and
regulations of the Association shall be levied as a special
5
assessment against such Member. No OWner may waive or otherwise
escape liability for the assessments for such maintenance by non-
use of the Common Areas or abandonment of his right to use the
Common Areas.
C. Developer's Right to Common Areas. Developer shall
have the right from time to time to enter upon the Common Areas
during periods of construction upon adjacent Properties and for
the purpose of construction of any facilities on the Common Areas
that Developer elects to build. Developer may grant easements to
Lot Owners adjacent to Common Areas for overhangs, protrusions
and encroachments of any portion of the improvements to a Lot
which are constructed by Developer. The Developer shall have the
right to dedicate the Common Areas or a portion thereof to any
governmental authority or utility company, or to grant an ease-
ment over the Common Areas in favor of any governmental authority
or utility company, without requiring the joinder or consent of
any other Owner or mortgagee holding a mortgage on any Lot. See
Article IX herein for additional Developer rights regarding the
Common Areas.
D. Street Lighting. The Association shall have the
obligation for maintenance of any street lighting facilities from
the date of recording this Declaration or from the date of in-
stallation of the street lighting, whichever occurs first. Main-
tenance of the street lighting fixtures shall include the fix-
tures within the Common Areas and shall further extend to payment
for electricity consumed in the illumination of such lights. In
the event the Developer, in its sole discretion, 'elects to in-
stall such street lighting, Developer shall be entitled to all
rebates or refunds of the installation charges and the Associa-
tion hereby assigns such rebates or refunds to Developer and the
Association shall forthwith pay same to the Developer.
Section 6. Lot Maintenance. All Lots and all improvements
thereon shall be maintained by the Owner(s) thereof.
Section 7. Powers. In addition to the powers provided in
its Articles of Incorporation, the Association, through the
action of its board of directors, shall have the power, but not
the obligation, to acquire, by purchase, lease or otherwise, one
or more dwelling units for occupancy by its employees or indepen-
dent contractors, and to enter into an agreement or agreements
from time to time with one or more person, firms or corporations
for management services.
Section 8. Rules and Regulations. The Association, through
its board of directors, may make and enforce reasonable rules and
regulations governing the use of the Properties, which rules and
regulations shall be consistent with the rights and duties estab-
6
lished by this Declaration. Sanctions may include reasonable
monetary fines, which shall be levied as a Special Assessments as
provided in this Declaration, and suspension of the right to vote
and the right to use the recreational facilities. The Board
shall, in addi tion, have the power to seek relief in any court
for violations or to abate nuisances. Imposi tion of sanctions
shall be as provided in the Bylaws of the Association. In addi-
tion, the Association, through the Board, may, by contract or
other agreement, enforce cour t ordinances or permi t Palm Beach
County to enforce ordinances on the Properties for the benefit of
the Association and its Members.
ARTICLE IV
ARCHITECTURAL CONTROL
Section 1. Developer Architectural Control. For so long as
the Developer owns any portion of the Properties, the Developer
shall have all powers of the Architectural Control Board as here-
inafter set forth.
Section 2. Architectural Control Board. At such time as the
Developer no longer owns any portion of the Properties, the
Architectural Control Board ("ACB") shall become a standing com-
mittee of the Association. The Architectural Control Board shall
have the power to promulgate such rules and regulations as it
deems necessary to carry out the provisions and intent of this
Section and other provisions of this Declaration. The Board
shall consist of three members and such members shall be desig-
nated by the Directors of the Association. In the event of
death, disability or resignation of any member of the Board, the
remaining members shall have full authority to designate a suc-
cessor. The members of the Board need not be members of the
Association and shall not be entitled to any compensation for
services performed pursuant to this Section. A majority of the
Board may take any action the Board is empowered to take, may
designate a representative to act for the Board, and may employ
personnel and consultants to act for it.
Section 3. Owner to Obtain Approval. No Owner shall make,
install, place, or remove any building, fence, screen enclosure,
porch, wall, patio area, pool, spa, landscaping or any other
alteration, addition, improvement, or change of any kind or
nature to, in or upon any portion of the Common Areas or the
Owner's Lot, unless the Owner first obtains the written approval
of the ACB to do same, except that such approval shall not be
required for any maintenance or repair which does not result in a
material change in any improvement including the color of same.
7
Section 4. ACB I S Consent. Any request by an Owner for
approval by the ACB to any addition, alteration, improvement, or
change shall be in writing and shall be accompanied by plans and
specifications or other details as the ACB may deem reasonably
necessary in connection with its determination as to whether or
not it will approve same. Approval of any request shall not be
unreasonably withheld, and shall not be withheld in a discrim-
inatory manner or in a manner which unreasonably prohibi ts the
reasonable development of any Lot but may be withheld due to
aesthetic considerations. Notwithstanding the foregoing, the ACB
may withhold approval for upgraded landscaping to be installed by
an Owner within that portion of his Lot to be maintained by the
ACB solely due to maintenance and related considerations, and the
ACB may withhold approval for construction of swimming pools due
to nuisance and related considerations (such as the likelihood of
interference with other residents of the Properties during con-
struction). The ACB shall notify the OWner of its approval or
disapproval by written notice within thirty (30) days after
request for such consent is made in writing to the ACB, and in
the event the ACB fails to disapprove any request wi thin such
thirty (30) day period, the consent shall be deemed approved and
upon request the ACB shall give written notice of such
approval. In consenting to any plans or specifications, the ACB
may condition such consent upon changes being made. If the ACB
consents to any plan and specifications, the Owner may proceed to
make the alteration, addition, improvement, or change in strict
conformance with the plans and specifications approved by the
ACB, and subject to any conditions of the ACB's approval.
Section 5. No Liability. The ACB or the Developer shall not
be liable to any Owner in connection with the approval or dis-
approval of any alteration, addition, improvement, or change.
Furthermore, any approval of any plans or specifications by the
ACB or the Developer shall not be deemed to be a determination
tha~.such plans or specifications are complete or do not contain
defects, or in fact meet any standards, guidelines and/or cr i-
teria of the ACB or the Developer, or are in fact architecturally
or aesthetically appropriate, or comply with any applicable gov-
ernmental requirements, and the ACB or the Developer shall not be
liable for any deficiency, or any injury resulting from any
deficiency, in such plans and specifications.
Section 6. Remedy for Violations. In the event this section
is violated in that any alteration, addition, improvement, or
change is made without first obtaining the approval of the ACB or
the Developer, as the case may be, or is not made in strict con-
formance with any approval granted by the ACB or the Developer,
the ACB or the Developer shall specif ically have the right to
demand that an Owner stop, remove and/or alter any alteration,
8
addition, improvement or change in a manner which complies with
the requirements of the ACB or the Developer, and the ACB or the
Developer may pursue injunctive relief or any other legal or
equitable remedy available to the ACB or the Developer in order
to accomplish such purposes. Any action to enforce this Section
must be commenced within one (1) year after the date of the vio-
lation. The foregoing shall be in addition to any other remedy
set forth herein for violations of this Declaration.
ARTICLE V
ASSOCIATION--
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation for
the Assessments. The Developer, for each Lot owned by it within
the Properties, hereby covenants, and each Owner of any Lot, by
acceptance of a deed therefor, whether or not it shall be so ex-
pressed in any such deed or other conveyance, shall be deemed to
covenant and agree to pay to the Association annual, General
Assessments for general expenses as outlined in Section 2 hereof,
and Special Assessments as provided in Section 4 hereof, such
assessments to be fixed, established and collected from time to
time as hereinafter provided. The General and Special Assess-
ments, together with such interest thereon and costs of collec-
tion thereof as hereinafter provided, shall be a charge on the
Lot and shall be a continuing lien upon the Lot against which
such Assessment is made and shall also be the personal obligation
of the person who was the Owner of such Lot at the time when the
Assessment fell due. Assessments as to any Lot not containing an
improvement shall be twenty-five percent (25\) of the Assessments
for a Lot containing an improvement and, except for the fore-
going, the Assessments assessed against each Lot shall be equal.
The full Assessment as to each Lot upon which an improvement is
constructed shall commence on the first day of the full calendar
month after a certificate of occupancy for the improvement is
issued, or upon the conveyance of the Lot by the Developer or
upon the first occupancy of the improvement, whichever occurs
first. The lien rights provided herein shall not apply to any
portion of the Properties owned by the Developer.
Section 2. Purpose of Assessments. The General Assessments
levied by the Association shall be used exclusively for the gene-
ral expenses of the Association. General expenses are any and
all charges for the maintenance of the Common Areas and exterior
maintenance (except that specifically requested by an Owner) as
provided in Article III, and expenses related with operating the
Association for the Members of the Association and their families
9
residing with them, and their guests and tenants, including, but
not limited to: (1) expenses of administration, maintenance,
repair or replacement of the Common Areas: (2) reasonable
reserves deemed necessary by the Board of Directors for repair,
replacement or addition to the Common Area: and, expenses agreed
upon as general expenses by the Association. The Developer shall
establish the ini tial budget, which shall be based on a fully
developed community. By a majority vote of the Board of Direc-
tors, the Board shall adopt an annual budget for the subsequent
fiscal year which shall provide for allocation of expenses in
such a manner that the obligations imposed by this Declaration
will be met. In the event the community is not fully developed
at the time the budget is adopted by the Board, the Board may
nevertheless base the budget on a fully developed community. In
instances where the Developer or the Board ,base budgets on a
fully developed community when in fact the community is not so
developed, then the budget (and therefore the assessments) shall
be reduced by the amount allocated for incomplete amenities or
facilities.
Section 3. Date of Commencement of General Assessments: Due
Dates. The General Assessments shall commence on the first day
of the month next following the recordation of this Declara-
tion. Thereafter, the Board of Directors shall fix the date of
commencement and amount of the Assessment against each Lot at
least thirty (30) days in advance of the commencement period.
The General Assessments shall be payable in advance in quarterly
installments, or as otherwise determined by the Board of Direc-
tors of the Association.
The amount of the General Assessment may be changed at any
time by the Board from that originally adopted or that which is
adopted in the future. The Assessment shall be for the calendar
year, but the amount of the General Assessment to be levied dur-
ing any period shorter than a full calendar year shall be in
proportion to the number of months remaining in such calendar
year.
Section 4. Special Assessments. A Special Assessment may be
levied against one or more Lots for the following purposes:
(a) special services to a specific unit or units which
services are requested by the Owner (s) thereof pursuant to Sec-
tion 6 of Article III.
(b) charges for expenses of the Association which are
not general expenses but which are attributable to a specific
unit or units and which are designated as a special charge.
10
(c) reimbursement for damages caused by an Owner,
Owners, their family members, guests, invitees or tenants.
(d) capital improvements relating to the Common Area.
(e) late charges, user fees, fines and penalties.
(f) any other charge which is not a general expense.
(9) any general expense, which exceeds the amount bud-
geted, or any emergency expense which exceeds the amount of any
reserves or other Association funds.
The Board of Directors shall fix the amount and due date of any
Special Assessment by resolution, which resolution shall also set
forth the Lot or Lots subject to such Assessment.
Section 5. Reserves. The budget may reflect reserve funds
for deferred maintenance and capital expenditures.
Section 6. Trust Funds. The portion of all General Assess-
ments collected by the Association as reserves for future
expenses, and the entire amount of all Special Assessments col-
lected for capital improvements shall be held by the Association
in trust for the owners of all Lots, as their interest may
appear.
Section 7. Developer Payment of Assessments. Notwithstand-
ing any provision that may be contained to the contrary in this
instrument, for so long as Developer is the owner of any Lot, the
Developer shall not be liable for Assessments against such Lot,
provided that Developer shall be responsible for all Association
expenses in excess of the Assessments received from other Owners
(such amounts received from other Owners shall include, but shall
not be limited to, working capital contributions paid by such
other Owner), and other income received by the Association. In
no event shall Developer be required to fund reserves allocated
to any Lot owned by the Developer. Developer may, at any time,
commence paying such Assessments as to all Lots that it owns and
thereby automatically terminate its obligation to fund deficits
in the operating expenses of the Association. In addition, the
Developer's obligation to fund deficits in the operating expenses
of the Association shall terminate at such time as the Developer
no longer owns any portion of the Properties. Developer's pay-
ment of Assessments may be by payment of funds, delivery of goods
or provision of services to the Association, or any combination
thereof.
Section 8. Working Capital Fund. Developer shall establish
a Working Capital Fund for the initial months of operation of the
11
Association, which shall be collected by the Developer from each
Lot purchaser at the time of conveyance of each Lot to such pur-
chaser in an amount equal to two (2) months of the annual assess-
ment for each Lot. Each Lot's share of the Working Capital Fund
shall be collected and transferred to the Association at the time
of closing of the sale of each Lot. Amounts paid into the fund
are not to be considered as advance payment of regular assess-
ments. Notwithstanding the foregoing, the Developer, for so long
as it controls the Board of Directors, shall have the right to
use the Working Capital Fund to pay for ordinary expenses of the
Association.
Section 9. Roster: Notice: Certificate. A roster of the
Lots and Assessments applicable thereto which shall be kept in
the office of the Association and shall be open to inspection by
any Owner. Written notice of the Assessment shall thereupon be
sent to every Owner subject thereto.
The Association shall, upon demand at any time, furnish to
any Owner liable for an Assessment a certificate in writing
signed by an officer or agent of the Association, setting forth
whether such Assessment has been paid as to the Lot owned by the
Owner making request therefor. Such certificate shall be conclu-
sive evidence of payment of any Assessment to the Association
therein sated to have been paid.
Section 10. Collection of Assessment: Effect of Non-pa~ent
of Assessments: The Personal Obligation of the Owner: The Lien:
Remedies of the Association. If any Assessment is not paid with-
in ten (10) days after the due date, the Association shall have
the right to charge the default Owner a late fee of ten percent
(10\) of the amount of the Assessment, or Ten and NO/100 Dollars
($10.00), whichever is greater, plus interest at the then highest
rate of interest allowable by law from the due date until paid.
If there is no due date applicable to any particular Assessment,
then. the Assessment shall be due ten (10) days after wr i tten
demand by the Association. If any Owner is in default in the
payment of any Assessment owed to the Association for more than
thirty (30) days after written demand by the Association, the
Association upon written notice to the defaulting Owner shall
have the right to accelerate and require such defaulting Owner to
pay Assessments to the Association for the next twelve (l2) month
period, based upon the then existing amount and frequency of
Assessments. In the event of such acceleration, the defaulting
Owner shall continue to be liable for any increases in the regu-
lar Assessments, for all special Assessments, and/or for all
other Assessments payable to the Association. If the Assessments
and any late fees and interest are not paid on the date when due,
then such Assessments and any late fees and interest shall become
delinquent and shall, together with such interest thereon and the
12
cost of collection thereof as hereinafter provided, thereupon
become a continuing lien on the property which shall bind such
property in the hands of the Owner, his heirs, devisees, personal
representatives, successors and assigns. Any individual who
acquires title to a Lot upon the death of an OWner or by opera-
tion of law shall be personally liable for unpaid Assessments and
late fees with respect to such Lot. In any voluntary conveyance,
the Grantee shall be jointly and severally liable with the Gran-
tor for all unpaid Assessments made pr ior to the time of such
voluntary conveyance, without prejudice to the rights of the
Grantee to recover from the Grantor the amounts paid by the
Grantee therefor.
The Association may bring an action at law against the Owner
personally obligated to pay the same or may, record a claim of
lien against the property on which the Assessment and late fees
are unpaid, or may foreclose the lien against the property on
which the Assessment and late fee are unpaid, in like manner as a
foreclosure of a mortgage on real property, or pursue one or more
of such remedies at the same time or successively, and there
shall be added to the amount of such Assessment and late fee,
attorney's fees and costs of prepar ing and filing the claim of
lien and the complaint in such action, and in the event a judg-
ment is obtained, such judgment shall include interest on the
Assessment and late fee as above provided and a reasonable attor-
ney's fee to be fixed by the court together with the costs of the
action, and the Association shall be entitled to attorney's fees
in connection with any appeal of any such action.
It shall be the legal duty and responsibility of the Associ-
ation to enforce payment of the Assessments and late fees here-
under.
The provisions set forth in this section shall not apply to
the Developer for so long as the Developer owns any portion of
the Properties.
Section 11. Subordination of the Lien to First Mortgages.
The lien of Assessments, including interest, late charges (sub-
ject to the limitations of Flor ida laws), and costs (including
attorney's fees) provided for herein, shall be subordinate to the
lien of any first mortgage of an Institutional Lender upon any
Lot. In addi tion, the lien of assessments, including interest,
late charges (subject to the limitation of Florida laws), and
costs (including attorneys' fees) provided for herein, shall be
subordinate to a mortgage held by Developer upon the Properties,
or any portion thereof, or any interest therein. The sale or
transfer of any Lot or parcel of land shall not affect the
Assessment lien. However, the sale or transfer of any Lot or
parcel pursuant to judicial or non-judicial foreclosure of a
13
------ ~~----
first mortgage shall extinguish the lien of such Assessments as
to payments which became due piror to such sale or transfer. No
sale or transfer shall relieve such Lot or parcel from lien
rights for any Assessments thereafter becoming due. Where the
Institutional Lender of a first mortgage of record or other pur-
chaser of such a Lot obtains title, its successors and assigns
shall not be liable for the Assessments chargeable to such Lot
which became due prior to the acquisition of title to such Lot by
such acquirer. Such unpaid Assessments shall be deemed to be an
Assessment divided equally among, payable by and assessed against
all Lots, including the Lot as to which the foreclosure (or con-
veyance in lieu of foreclosure) took place. Likewise, where a
mortgage is held by the Developer upon the Properties, or a por-
tion thereof, and the Developer or other purchaser obtains title,
its successors and assigns shall not be liable for the Assess-
ments by the Association chargeable to the Properties, or a por-
tion thereof, which become due prior to the acquisition of title
to the Properties, or portion thereof, by such acquirer. Such
unpaid Assessments shall be deemed to be an Assessment divided
equally among, payable by and assessed against all Lots, includ-
ing the Lot as to which the foreclosure (or conveyance in lieu of
foreclosure) took place.
Section 12. Exempt Property. The Board of Directors shall
have the right to exempt property subject to this Declaration
from the Assessments, charges and liens created herein if such
property is used (and as long as it is used) for any of the fol-
lowing purposes:
A. Any easement or other interest therein dedicated
and accepted by a public authority and devoted to public use.
B. All Common Areas as defined in Article I hereof.
C. All Properties exempt from ad valorem taxation by
the laws of the State of Florida, to the extent agreed to by the
Association.
ARTICLE VI
EASEMENTS
Section 1. Members' Easements. Each Member of the Associa-
tion and each tenant, agent and invitee of such Member shall have
a permanent and perpetual easement for ingress and egress for
pedestr ian and vehicular traffic over and across the walkways,
dr iveways and roads from time to time laid out on the Common
Areas, for use in common with all such Members, their tenants,
14
agents and invitees. The portion of the Common Areas not used,
from time to time, for walkways and/or driveways or lakes shall
be for the common use and enjoyment of the Members of the Associ-
ation and each Member shall have a permanent and perpetual ease-
ment for pedestrian traffic across all such portions of such
tracts and for the use of same in such manner as may be regulated
by the Association. The foregoing easements are subject to the
following:
(a) The right and duty of the Association to levy assess-
ments against each Lot for the purpose of maintaining
the Common Areas and facilities in compliance with the
provisions of this Declaration and with any restrictions
on the various plats of the Properties from time to time
recorded.
(b) The right of the Association to suspend the voting
rights and right to use the Common Areas and facilities
by an Owner for any period during which any assessment
against his Lot remains unpaid; and for a period not to
exceed sixty (60) days for any infraction of its law-
fully adopted and published rules and regulations.
(e) The right of the Association to adopt and enforce rules
and regulations governing the use of the Common Areas
and all facilities at any time situated thereon.
The right of an Owner to the use and enjoyment of the Common
Areas and facilities thereon shall extend to the members of his
immediate family who reside with him, subject to regulations from
time to time adopted by the Association in its lawfully adopted
and published rules and regulations.
Section 2. Easements Appurtenant. The easements provided in
Section 1 shall be appurtenant to and shall pass with the title
to each Lot.
Section 3. Utility Easements. Public utilities may be in-
stalled underground in the Common Areas when necessary for the
service of the Properties or additional lands for which Developer
holds an option to purchase, but all use of utility easements
shall be accordance with the applicable provisions of this Oecla-
ration. '
Section 4. Public Easements. Firefighters, police, health,
sanitation and other public service personnel and vehicles shall
have a permanent and perpetual easement for ingress and egress
over and across the Common Areas.
15
- ..
Section 5. Easements for Encroachment. There shall be
reciprocal appurtenant easements of encroachment as between each
residence and such portion or portions of the Common Area adja-
cent thereto or as between adjacent Oni ts due to the uninten-
tional placement or settling or shifting of the improvements
constructed, reconstructed, or altered thereon (in accordance
with the terms of these restrictions) to a distance of not more
than one (1) foot, as measured from any point on the common
boundary between each Unit and the adjacent portion of the Common
Area or as between said adjacent Units, as the case may be, along
a line perpendicular to such boundary at such point: Provided,
however, in no event shall an easement for encroachment exist if
such encroachment occurred due to willful and knowing conduct on
the part of an Owner, tenant, or the Association.
Section 6. Additional Easement. The Developer (during any
period in which the Developer has any ownership interest in the
Properties) and the Association shall each have the right to
grant such additional electric, telephone, gas, sprinkler, irri-
gation, cable television or other easements, and to relocate any
existing easement in any portion of the Properties and to grant
access easements and to relocate any existing access easements in
any portion of the Properties as the Developer or the Association
shall deem necessary or desirable, for the proper operation and
maintenance of the Properties, or any portion thereof, or for the
general health or welfare of the Owners or for the purpose of
carrying out any provisions of this Declaration: provided that
such easements or the relocation of existing easements will not
prevent or unreasonably interfere with the use of the Lots for
dwelling purposes.
Section 7. Association Easement. For the purpose solely of
performing its obligations under the provisions of this Declara-
tion, the Association, through its duly authorized agents,
employees or independent contractors, shall have the rights,
after reasonable notice to the Owner, to enter upon any Lot at
reasonable hours of any day except Sunday. In th.e event of an
emergency, such right of entry shall exist without notice on any
day, including Sunday. Each Owner hereby grants to the Asso-
ciation, its duly authorized agents, employees or independent
contractors such easements for ingress and egress, across the
Lots and through improvements constructed upon the Lots, as may
be reasonably necessary to effect and perform the exterior main-
tenance aforementioned. In addition, the owner of the adjoining
property (not within the Properties) may grant the Association,
its duly authorized agents, employees or independent contractors,
such easements for ingress and egress across its Properties to
effect and perform its duties. In such event, the Association
shall indemnify the adjoining property owner for any damage or
16
injury to the easement areas caused by the use thereof or access
to perform the exterior maintenance.
Section 8. Construction Easement. Each Lot and the Common
Area is hereby subjected to a permanent easement appurtenant to
any adjoining Lot to permit the construction, existence, mainte-
nance, repair and restoration of structures located on such
adjoining Lot, provided that the construction of such structure
is permi t ted and approved as elsewhere herein provided. The
owner of the dominant tenement shall have the right, at all
reasonable times, to enter the easement area in order to con-
struct improvements, and to maintain, repair and restore any
improvements located on the dominant tenement, provided, however
that such entry shall be allowed only during daylight hours and
wi th the pr ior knowledge of the owner of the, servient tenement.
In case of emergency, such right of entry shall be immediate, not
restricted as to time and not be conditioned upon prior knowledge
of the owner of the servient tenement. The owner of the servient
tenement shall not place any improvements, material or obstacle
in or over the easement area on the servient tenement which would
unreasonably interfere with the rights of the owner of the domi-
nant tenement granted by this Section. Any such improvement,
material or obstacle shall be promptly removed by the owner of
the servient tenement at that owner's expense when requested by
the owner of the dominant tenement or Declarant notwithstanding
any lapse of time since such improvement, mater ial or other
obstacle was placed in or over the easement area. In the event
an Owner fails to move such improvement, mater ial or obstacle,
then the Association may remove same and the expense of such
removal shall be charged to the Owner as an assessment.
ARTICLE VII
GENERAL RESTRICTIVE COVENANTS
Section 1. Applicability. The provisions of this Article
shall be applicable to all Lots situated within the Properties.
Section 2. Land Use. No Lot shall be used except for
dential purposes. Temporary uses for model homes, parking
construction trailer, construction storage areas and/or
offices shall be permitted for the Developer.
Sect ion 3. Change in Buildings. No Owner shall make or
permit any structural modification or alteration of any building
except as per Article IV herein, and such consent may be withheld
if, in the sole discretion of the party denying the same, it
appears that such structural modification or alteration would
resi-
lots,
sales
17
adversely affect or in any manner endanger other dwelling units.
No building shall be demolished or removed wi thout the pr ior
written consent of both the Board of Directors of the Association
and Owner (s) of the immediately adjoining building (s) . In the
event any building is demolished or removed, if replaced, said
building shall be replaced with a unit of similar size and type
within twelve (12) months. In the event the building is not
replaced, then the Lot shall be sodded and maintained as a land-
scaped Lot.
Section 4. Building Location. Buildings shall be located in
conformance wi th the Zoning Code of the County of Palm Beach,
Florida and any specific zoning approvals thereunder, or as orig-
inally constructed on a Lot by Developer or its successor or as-
signee. Whenever a variance or special excep~ion as to building
location or other item has been granted by the authority desig-
nated to do so under the Zoning Code, said variance or special
exception is hereby adopted as an amendment to this Section and
any future variance of special exception as to building location
or other item shall constitute an amendment of this Section.
Section 5. Landscaping of Easements. In addi tion to the
easements reserved herein, easements for drainage, installation
and maintenance of utilities and for ingress and egress are shown
on the recorded plat(s) of the Properties. Within these ease-
ments no structure, planting or other material may be placed or
permitted to remain that will interfere with vehicular traffic or
prevent maintenance of utilities. Public utility companies ser-
vicing the Properties and the Association, and their successors
and assigns, shall have a perpetual easement for the installation
and maintenance of water lines, sprinkler lines, sanitary sewers,
storm drains, gas lines, electric and telephone lines, cables and
conduits, including television cables and conduits and such other
installations as may be required or necessary to provide mainte-
nance and utility services to the Lots and/or the Common Areas
under and through the utility easements ,as shown on the
plat(s). Any damage caused to pavement, driveways, drainage
structures, sidewalks, other structures, or landscaping in the
installation and maintenance of such utilities shall be promptly
restored and repaired by the utility whose installation or main-
tenance caused the damage. All utilities within the subdivi-
sions, whether in streets, rights-of-way or utility easements,
shall be installed and maintained underground, provided, however,
that water and sewer treatment facilities and control panels for
utilities may be installed and maintained above ground.
Section 6. Nuisances. No noxious or illegal activity shall
be carried on upon any Lot, nor shall anything be done thereon
which may be or may become an annoyance or nuisance to the neigh-
borhood or any other Lot Owner. In the event of any question as
18
to what may be or become a nuisance, such question shall be sub-
mitted to the Association for a decision in writing, which deci-
sion shall be final. In addition, no weeds, underbrush or other
unsightly growths shall be permitted to grow or remain upon any
Lot. Owner is responsible for maintaining the landscaping. No
refuse pile or unsightly objects shall be allowed to be placed or
suffered to remain anywhere thereon: and in the event that the
Owner shall fail or refuse to keep the demised premises free of
weeds, underbrush or refuse piles or other unsightly growths or
objects, then the Association may enter upon said premises and
remove the same at the expense of the Owner, and such entry shall
not be deemed a trespass. All garbage or trash containers must
be underground or placed in walled-in areas so that they shall
not be visible from the adjoining Properties. Provided, however,
any portion of the Properties not yet developed by Developer,
shall be maintained in a clean condition but shall not be
expected to be maintained in a manicured condition.
Section 7. Temporary Structures. No structure of a tempo-
rary character, or trailer, tent, mobile home or recreational
vehicle shall be permitted on any Lot either temporarily or per-
manently, except that the Developer may park a trailer on the
Properties during periods of construction.
Section 8. Signs. Except for one sign of not more than one
square foot used to indicate the name of the resident, no "for
rent", "for sale" or other sign of any kind shall be displayed to
the public view on the Properties, without the prior consent of
the ACB: provided that the Developer, so long as it has not sold
all of its Lots in the Properties, shall retain the right to dis-
approve any signs displayed to the public view. Notwithstanding
the foregoing, this Section shall not apply to the Developer for
as long as it holds title to any portion of the Properties.
Section 9. Oil and Mining Operations. No oil drilling, oil
development operations, oil refining, quarrying or mining opera-
tions of any kind shall be permitted upon. or in the Properties
nor shall oil wells, tanks, tunnels, mineral excavations or
shafts be permitted upon or in the Properties. No derrick or
other structure designed for use in boring for oil or natural gas
shall be erected, maintained or permitted upon any portion of the
land subject to these restrictions.
Section 10. Animals and Pets. No animals, livestock, or
poultry of any kind may be raised, bred, kept or permitted on any
Lot, with the exception of dogs, cats, or other usual and common
household pets in a reasonable number. The keeping of a dog or
other domestic pet is not a right of an Owner, but is a condi-
tional license. This conditional license is subject to termina-
tion at any time by the Board of Directors upon a finding that a
19
-...,-----..,---------.------------
dog or other pet is V1C10US, is annoying to other residents, or
has in any way become a nuisance. The owner of a pet assumes
liability for all damage to persons or property caused by the pet
or resulting from its presence at the Properties.
This license is subject to the following conditions:
(a) Pets shall be kept on a leash at all times when
outside a building.
(b) Pets are permi t ted to have excrements upon the
Common Areas provided that the Owner shall immediately remove
such excrement from the Common Areas with a "Pooper-Scooper" or
other appropr iate tool and deposi t said waste in an approved
trash receptacle.
(c) The owner of a pet shall be responsible, and by
virtue of ownership, assumes responsibility for any damage to
persons or property caused by his pet(s).
(d) Any pet whose owner violates the provisions and
intent of these rules shall be deemed a nuisance and subject to
removal in accordance with the provisions of this Declaration.
Section 11. Visibility at Intersections. No obstruction to
visibility at street intersections shall be permitted.
Section 12. Commercial Trucks, Trailers, Campers and Boats.
No trucks or commercial vehicles, campers, mobile homes, motor-
homes, boats, house trailers, boat trailers, or trailers of every
other description shall be permitted to be parked or to be stored
at any place on any Lot, except only during the periods of
approved construction on said Lot, and except that they may be
stored wi thin garages. The term "commercial vehicle" shall in-
clude all automobiles, trucks and vehicular equipment, including
sta tion wagons, which bear signs or shall have pr inted on same
some reference to any commercial undertaking or enterprise, or
vehicles of more than six feet (6') in height. This prohibition
of parking shall not apply to temporary parking of trucks and
commercial vehicles, such as for pick-up, delivery, and other
commercial services.
Section 13. Fences. No fence, wall or other structure shall
be erected in the front yard, back yard, or side yard except as
originally installed by Developer or its assignee.
Section 14. Garbage and Trash Disposal. No garbage, refuse,
trash or rubbish shall be deposited on any Lot except in a walled
in area; provided, however, that the requirements from time to
time of the County of Palm Beach for disposal or collection shall
20
be complied with. All equipment for the storage or disposal of
such material shall be kept in a clean and sanitary condition.
Section 15. Drying Areas. No clothing, laundry or wash
shall be aired or dried on any portion of any Lot in an area ex-
posed to view from any other Lot. Drying areas will be permitted
only in locations approved by the Architectural Control Board and
only when protected from view by screening or fencing approved by
the Architectural Control Board. No prohibition of outside
clotheslines or drying areas shall be permitted; provided that
nothing herein shall prohibi t the Archi tectural Control Board
from enacting reasonable regulations that do not have the effect
of prohibiting such drying areas or clotheslines as to any Lot.
Section 16. Gas Containers. No gas tan~, gas container, or
gas cylinder (except those placed by the Developer or approved by
the ACB in connection with the installation of swimming pools
and/or permanent barbecues, and except those used for portable
barbecues) shall be permitted to be placed on or about the out-
side of any house or any ancillary building, and all such items
(except those placed by the Developer in connection wi th the
installation of swimming pools and/or permanent barbecues, and
except those used for portable barbecues) shall be installed
underground in every instance where gas is used. In the alterna-
tive, gas containers may be placed above ground if enclosed on
all sides by a decorative safety wall approved by the ACB.
Section 17. Communication Equipment. Except as may be
installed by the Developer or as may be permitted by the ACB, no
antennas, satelli te dishes, aer ials, or lines, wires or other
devices for communication or transmission of current shall be
placed on any portion of the Properties. In no event, however,
shall lines or wires for communication or the transmission of
current be constructed placed, or permitted to be placed within
the Common Areas unless the same shall be installed by the Asso-
ciation for the common use of all Members, and shall be protected
cables, and any of said lines or wires which are not located in
buildings shall be constructed or placed and maintained under-
ground. Any line or wire installations permitted by the Archi-
tectural Control Board pursuant to this Section shall be pro-
tected cable and shall only be installed underground.
Section 18. County Requi rement. Any plat or replat of the
Properties subject to this Declaration must conform wi th the
master plan as approved by Palm Beach County as well as the
applicable site plan as approved by any Site Plan Review Commit-
tee thereof. .
Section 19. Drainage. No change in any drainage pattern of
any Lot, after issuance of a certificate of occupancy for the
21
dwelling thereon, or of any portion of the Properties, after all
contemplated improvements have been completed, shall be made
which will cause undue hardship to an adjoining Lot or adjoining
property with respect to natural runoff of rain water. Streets,
swales, and any other areas designated as retention areas pur-
suant to the engineer's drainage plans will retain water during
certain storm periods that may extend for a period of time beyond
the engineer's design estimate.
Section 20. Leasing. No lease may be'made for less than a
six (6) month period, nor shall a Lot be leased more than two (2)
times during any twelve (12) month period. Each Owner shall be
responsible for the acts and omissions, whether negligent or
willful, of any person residing in his Lot, and for all guests,
and invitees of the Owner or any such resident, and in the event
the acts or omissions of any of the foregoing shall result in any
damage to the Common Areas, or any liability to the Associatlon,
the Owner shall be assessed for same as in the case of any other
Assessment, limited where applicable to the extent that the
expense or liability is not met by the proceeds of insurance
carried by the Association. Furthermore, any violation of any of
the provisions of this Declaration, of the Articles, or the By-
laws, by and resident of any Lot, or any guest or invitee of an
Owner or any resident of a Lot, shall also be deemed a violation
by the Owner, and shall subject the Owner to the same liability
as if such violation was that of the Owner.
With respect to any tenant or any person present in any Lot
or any portion the Properties, other than an Owner and the mem-
bers of his immediate family permanently residing with him in the
Lot, if such person shall materially violate any provision of
this Declaration, the Articles, or source of annoyance to the
residents of the Properties, or shall willfully damage or destroy
any Common Areas or personal property of the Association, then
upon written notice by the Association such person shall be
required to immediately leave the Properties and if such person
does not do so, the Association is authorized to commence an
action to evict such tenant or compel the person to leave the
Properties and, where necessary, to enjoin such person from
returning. The expense of any such action, including attorneys'
fees, may be assessed against the applicable Owner, and the Asso-
ciation may collect Such Assessment and have a lien for same as
elsewhere provided. The foregoing shall be in addi tion to any
other remedy of the Association.
22
ARTICLE VIII
INSURANCE AND CASUALTY LOSSES
Section 1. Insurance. The Association's Board of Directors,
or its duly authorized agent, shall have the authority to and
shall obtain blanket all-risk insurance, if reasonably available,
for all insurable improvements on the Common Areas. If blanket
all-risk coverage is not reasonably available, then at a minimum
an insurance policy providing fire and extended coverage shall be
obtained. This insurance shall be in an amount sufficient to
cover ,one hundred (100\) percent of the replacement cost of any
repair or reconstruction in the event of damage or destruction
from any insured hazard.
The Board shall also obtain a public liability policy
cover ing the Common Areas, the Association and its Members for
all damage or injury caused by the negligence of the Association
or any of its Members or agents. The public liability policy
shall have at least a One Million ($1,000,000.00) Dollar single
person limit as respects bodily injury and property damage, a Two
Million ($2,000,000.00) Dollar limit per occurrence, if reason-
ably available, and a Five Hundred Thousand ($500,000.00) Dollar
minimum property damage limit.
Premiums for all insurance on the Common Areas shall be
common expenses of the Association. The policy may contain a
reasonable deductible, and the amount thereof shall be added to
the face amount of the policy in determining whether the insur-
ance at least equals the full replacement cost. The deductible
shall be paid by the party who would be responsible for the
repair in the absence of insurance and in the event of multiple
parties shall be allocated in relation to the amount each party's
loss bears to the total.
Cost of insurance coverage obtained by the Association
for the Common Areas shall be included in the General Assessment,
as provided in Article IV.
All such insurance coverage obtained by the Board of
Directors shall be written in the name of the Association as
Trustee for the respective benefited parties, as further identi-
fied in (b) below. Such insurance shall be governed by the pro-
visions hereinafter set forth:
(a) All policies shall be written with a company
licensed to do business in Florida which holds a Best's rating of
A or better and is assigned a financial size category of XI or
larger as established by A. M. Best Company, Inc., if reasonably
23
available, or, if not available, the most nearly equivalent
rating.
(b) All policies on the Common Areas shall be for the
benefit of the Owners and their Mortgagees as their interests may
appear.
(c) Exclusive authority to adjust losses under pOlicies
in force on the Properties obtained by the Association shall be
vested in the Association's Board of Directors; provided, how-
ever, no mortgagee having an interest in such losses may be pro-
hibited from participating in the settlement negotiations, if
any, related thereto.
(d) In no event shall the insurance coverage obtained
and maintained by the Association's Board of Directors hereunder
be brought into contribution wi th insurance purchased by indi-
vidual Owners, occupants, or their mortgagees.
(e) All casualty insurance policies shall have an
inflation guard endorsement, if reasonably available, and an
agreed amount endorsement with an annual review by one or more
qualified persons, at least one of whom must be in the real
estate industry and familiar with construction in the Palm Beach
County, Florida, area.
(f) The Association's Board of Directors
required to make every reasonable effort to secure
policies that will provide for the fOllowing:
shall be
insurance
i. a waiver of subrogation by
any claims against the Association's Board
manager, the Owners, and their respective
agents, and guests;
ii. a waiver by the insurer of its rights to
repair, and reconstruct, instead of paying cash;
the insurer as to
of Di rectors, its
tenants, servants,
1.1.1. that no policy may be canceled, invalidated
or suspended on account of anyone or more individual Owners;
iv. that no policy may be canceled, invalidated,
or suspended on account of the conduct of any Director, officer,
or employee of the Association or its duly author ized manager
without prior demand in writing delivered to the Association to
cure the defect and the allowance of a reasonable time thereafter
within which the defect may be cured by the Association, its
manager, any Owner, or mortgagee;
24
--------~-----_.~
v. that any "other insurance" clause in any policy
exclude individual Owners' policies from consideration: and
vi. that no policy may be canceled or substan-
tially modified without at least ten (10) days' prior written
notice to the Association.
9. The Association's Board of Directors may, in their
discretion, obtain such other types of insurance for the Associ-
ation as they deem necessary.
In addition to the other' insurance required by this
section, the Board of Directors shall obtain, as a common
expense, worker's compensation insurance, if and to the extent
necessary, and a fidelity bond or bonds on O~rectors, officers,
employees, and other persons handling or responsible for the
Association's funds. The amount of fidelity coverage shall be
determined in the Directors best business judgment but may not be
less than three (3) months assessments, plus reserves on hand.
Bonds shall contain a waiver of all defenses based upon the
exclusion of persons serving without compensation and may not be
canceled or substantially modified without at least ten (10)
days' prior written notice to the Association.
Section 2. Individual Insurance. By virtue of taking title
to a Lot subject to the terms of this Declaration, each Owner
covenants and agrees with all other Owners and with the Associa-
tion that each Owner shall carry blanket all-risk casualty insur-
ance on the Lot(s) and structures constructed thereon,as provided
for in Section 1 of this Article. Each Owner further covenants
and agrees that in the event of a partial loss or damage and
destruction resulting in less than total destruction of struc-
tures compr ising his Lot, the Owner shall proceed promptly to
repair or to reconstruct the damaged structure in a manner con-
sistent with the original construction, and the Owner shall pay
the costs of any repair or ,.reconstruction which are not covered
by insurance proceeds. In the event that the structure is
totally destroyed, the Owner may decide not to rebuild or to
reconstruct, in which case the Owner shall clear the Lot of all
debris and return it to substantially the natural state in which
it existed prior to the beginning of construction and the Owner
shall continue to maintain the Lot in a neat and attractive con-
dition.
Section 3. Disbursement of Proceeds. Proceeds of insurance
policies shall be disbursed as follows:
(a) If the damage or destruction for which the proceeds
are paid is to be repaired or reconstructed, the proceeds, or
such portion thereof as may be required for such purpose, shall
25
be disbursed in payment of such repairs or reconstruction as
hereinafter provided. Any proceeds remaining after defraying
such costs of repairs or reconstruction to the Common Areas or,
in the event no repair or reconstruction is made, after making
such settlement as is necessary and appropriate with the affected
Owner or Owners and their mortgagee (s) as their interests may
appear, shall be retained by and for the benefit of the Associa-
tion and placed in the capital reserves account. This is a cove-
nant for the benefit of any mortgagee of a Unit and may be
enforced by such mortgagee.
Section 4. Damage and Destruction.
(a) Immediately after the damage or destruction by fire
or other casualty to all or any part of the Properties covered by
insurance written in the name of the Association, the Board of
Directors, or its duly authorized agent, shall proceed with the
filing and adjustment of all claims arising under such insurance
and obtain reliable and detailed estimates of the cost of repair
or reconstruction of the damaged or destroyed Properties. Repair
or reconstruction, as used in this paragraph, means repairing or
restoring the Properties to substantially the same condition in
which they existed prior to the fire or other casualty.
(b) Any damage or destruction to the Common Areas shall
be repaired or reconstructed unless at least seventy-five (75%)
percent of the total vote of the Association shall decide within
sixty (60) days after the casualty not to repair or reconstruct.
If for any reason either the amount of the insurance proceeds to
be paid as a result of such damage or destruction, or reliable
and detailed estimates of the cost of repair or reconstruction,
or both, are not made available to the Association within said
period, then the period shall be extended until such information
shall be made available; provided, however, such extension shall
not exceed sixty (60) days. No mortgagee shall have the right to
participate in the determination of whether the Common Areas
damage or destruction shall be repaired or reconstructed.
Section 5. Repair and Reconstruction. If the damage or
destruction to the Common Areas for which the insurance proceeds
are paid is to be repaired or reconstructed, and such proceeds
are not sufficient to defray the cost thereof, the Board of
Directors shall, without the necessity of a vote of the Members,
levy a special assessment against all Owners on the same basis as
provided for assessments. Additional assessments may be made in
like manner at any time during or following the completion of any
repair or reconstruction.
26
ARTICLE IX
DEVELOPER'S RIGHTS
Section 1. Sales Activity. Notwithstanding any provision
herein to the contrary, until the Developer has completed, sold
and conveyed all of the Lots within the Properties, neither the
Owners, nor the Association nor their use of the Common Areas
shall interfere with the completion of the contemplated improve-
ments and the sale of Lots and any other sales activity of the
Developer, whether related to the Properties or other develop-
ments of the Developer. The Developers (or its duly authorized
agents or assigns) may make such use of the unsold Lots and the
Common Areas as may facilitate such completion and sale includ-
ing, but not limited to, the maintenance of sales offices, con-
struction trailers, storage areas, model homes, and/or parking
lots for the showing of the property, and the display of signs,
,billboards, flags, placards and visual promotional materials.
The Developer shall have the right to use unimproved Lots for
temporary parking for prospective purchasers and such other par-
ties as Developer determines. Each Lot and the Common Area is
hereby subjected to an easement for the purposes set forth
herein. .
Section 2. Replatting. It may be necessary for the Devel-
oper to re-plat a portion of the Properties. The Developer shall
have the right to re-plat unsold portions of the Properties with-
out requir ing the joinder or consent of any Owner or mortgagee
holding a mortgage on any Lot. -
I
,
Section 3. Utility and Construction Payments and/or
Deposits. In the event a utility company or governmental author-
ity requires a deposit to be made by the Developer, and such
deposit shall be refunded at some time in the future, then the
Developer (and not the Association) shall be entitled to receipt
of the refunded funds. In addition, should construction payments
made by the Developer be refunded by a utility company or govern-
mental authority at some time in the future, then the Developer
(and not the Association) shall be entitled to receipt of the
refunded funds.
Section 4. Cable Television. The Developer may enter into
an agreement with a cable television company for the provision of
cable television service to the Properties. Such an agreement
may be a bulk payment agreement whereby all Owners shall purchase
cable television services and the Association shall collect pay-
ments therefor from Owners as part of the General Assessments.
27
Sect ion s. Assignment of Developer Rights. The Developer
shall have the right to assign to any other person or entity any
or all of the Developer's rights reserved in this Declaration, in
whole or in part, with respect to all or any portion of the
Properties. In the event of an assignment, the assignee shall
not be liable for any action of a prior developer. Acquisition,
development or construction lenders acquiring title to the
Properties or any portion thereof by foreclosure or deed in lieu
of foreclosure shall have the right, but not the obligation, to
assume the Developer's rights. Such acquisition, development or
construction lender shall have the right to assign the
Developer's rights to a subsequent purchaser, regardless of
whether or not the Developer's rights were assumed by the lender.
Section 6. Developer Approval of Board Action. In the event
the Developer no longer controls the Board of Directors but con-
tinues to own a portion of the Propert ies, then the Developer
shall have the right to veto any action taken by the Board if the
Developer determines that such action materially and adversely
affects the Developer's interest in the community. Action of the
Board shall be submitted to the Developer within ten (10) days of
adoption of such action. In the event a written veto is not
delivered by the Developer to the Board within ten (10) days of
actual receipt of the action, then the action shall be deemed
approved.
ARTICLE X
MORTGAGEES' RIGHTS
The following provisions are for the benefi t of holders,
insurers, or guarantors of first mortgages on Lots in the Proper-
ties.
Section 1. Notices of Action. An institutional holder,
insurer, or guarantor of a first mortgage, who provides written
request to the Association (such request to state the name and
address of such holder, insurer, or guarantor and the unit num-
ber), therefore becoming an "eligible holder"), will be entitled
to timely written notice of:
(1) any condemnation loss or any casual ty loss which
affects a material portion of the Properties or which affects any
Unit on which there is a first mortgage held, insured, or guaran-
teed by such eligible holder;
(2) any delinquency in the payment of assessments or
charges owed by an Owner of a Lot subject to the mortgage of such
eligible holder, insurer, or guarantor, where such delinquency
28
has continued for a period of sixty (60) days: provided, however,
notwithstanding this provision, any holder of a first Mortgage,
upon request, is entitled to written notice from the Association
of any default in the performance by an Owner of a Unit of any
obligation under the Declaration or Bylaws of the Association
which is not cured within sixty (60) days:
(3) any lapse, cancellation, or material modification
of any insurance policy or fidelity bond maintained by the Asso-
ciation: or
(4) any proposed action which would require the consent
of a specified percentage of eligible holders.
Section 2. No Priority. No provision of this Declaration or
the By-Laws gives or shall be construed as giving any Owner or
other party priority over any rights of the first mortgagee of
any Lot in the case of distribution to such Owner of insurance
proceeds or condemnation awards for losses to or a taking of the
Common Area.
Section 3. Notice to Association. Upon request, each Owner
shall be obligated to furnish to the Association the name and
address of the holder of any mortgage encumber ing such Owner's
Lot.
Section 4. A~plicability of Article X. Nothing contained in
this Article shall be construed to reduce the percentage vote
that must otherwise be obtained under the Declaration, By-Laws,
or Florida law for any of the acts set out in this Article.
Section 5. Failure of Mortgagee to Respond. Any Mortgagee
who receives a written request from the Board to respond to or
consent to any action shall be deemed to have approved such
action if the Association does not receive a written response
form the Mortgagee within thirty (30) days of the date of the
Association's request.
ARTICLE XI
GENERAL PROVISIONS
Section 1. Duration. The covenants and restrictions of this
Declaration shall run with and bind the land, and shall inure to
the benefit of and be enforceable by the Developer, the Associa-
tion or the Owner of any Lot subject to this Declaration, and
their assigns, for a term of thirty (30) years from the date this
Declaration is recorded, after which time said covenants shall be
automatically extended for successive periods of ten (10) years
29
each unless an instrument signed by the then Owners of two-thirds
of the Lots has been recorded, agreeing to change or terminate
said covenants and restrictions in whole or in part.
Section 2. Notice. Any notice required to be sent to any
Owner under the provisions of this Declaration shall be deemed to
have been properly sent when personally delivered or mailed,
postpaid, to the last known address of the person who appears as
Member or Owner on the records of the Association at the time of
such mailing.
Section 3. Enforcement. Enforcement of these covenants and
restr ictions shall be by any proceeding at law or in equity'
against any person or persons violating or attempting to violate
any covenant or restriction either to restrain violation or to
recover damages, and against the land to enforce any lien created
by these covenants and failure by the Developer, the Association
or any Owner to enforce any covenant or restriction herein con-
,tained shall in no event be deemed a waiver of the right to do so
thereafter. These covenants may also be enforced by the Archi-
tectural Control Board. The Association is hereby empowered to
adopt reasonable rules and regulations for the imposi tion of
fines to be levied against any Owner for failure to comply with
the terms of this Declaration or rules and regulations of the
Association. Any rule or regulation subjecting any Owner to
fines shall include provisions for notice, hearing, appeal and
fines. Fines shall constitute an assessment due to the Associa-
tion and upon failure to pay such fine wi thin the per iod pre-
scribed by the Association shall beco~e a charge and continuing
lien upon the Owner's Lot.
Section 4. Severability. Invali~ation of anyone of these
covenants or restrictions by judgment or court order shall in no
way affect any other provisions which shall remain in full force
and effect.
Section 5. Amendment. The Developer may amend this Declara~
tion so long as it owns any portion of the Properties or holds a
mortgage on any portion of the Properties. Thereafter and other-
wise, this Declaration may be amended only by the affirmative
vote or written consent, or any combination thereof, of Members
representing seventy-five (75%) percent of the total votes of the
Association, including seventy-five (75%) percent of Members
other than the Developer. Every amendment must have the written
joinder and consent of the Developer for so long as the Developer
owns any portion of the Properties. However, the percentage of
votes necessary to amend a specific clause shall not be less than
the prescribed percentage of affirmative votes required for
action to be taken under that clause. Any amendment must be
recorded in the Public Records of Palm Beach County, Florida. No
30
amendment may prejudice or impair the priorities of Institutional
Lenders granted hereunder unless all Institutional Lenders join
in the execution of the amendment. No amendment shall make any
changes which would in any way affect any of the rights, privi-
leges, powers or options herein provided in favor of, or reserved
to, Developer, unless Developer joins in the execution of the
amendment.
Section 6. Litigation. No judicial or administrative pro-
ceeding shall be commenced or prosecuted by the Association
unless approved by a vote of seventy-five (75\) percent of the
Owners. This Section shall not apply, however, to (a) actions
brought by the Association to enforce the provisions of this
Declaration (including, wi thout limi tat ion, the foreclosure of
liens), (b) the imposition and collection of assessments, (c)
proceedings involving challenges to ad valorem taxation, or (d)
counterclaims brought by the Association in proceedings insti-
tuted against it. This section shall not be amended unless such
amendment is made by the Developer or is approved by the percent-
age votes, and pursuant to the same procedures, necessary to
institute proceedings as provided above.
Section 7. Effective Date. This Declaration shall become
effective upon its recordation in the Palm Beach County Public
Records.
EXECUTED the date first above written.
Signed, sealed and delivered
in the presence of:
HOWARD SCHARLIN, as Trustee
STATE OF FLORIDA )
SS:
COUNTY OF )
The foregoing instrument was acknowledged before me, this
day of , 19 , by Howard Scharlin, as Trustee.
My Commission Expires:
Notary Public
31
--"-,---------~-_.__.
EXHIBIT -A-
TO
DECLARATION OF RESTRICTIONS AND
PROTECTIVE COVENANTS FOR WOOLBRIGB'l' PLACE
Property Subject to Declaration
All of the Plat of , as
recorded in Plat Book , Page , of the
Public Records of Palm Beach County, Florida.
32
EXHIBIT "8"
TO
DECLARATION OF RESTRICTIONS AND
PROTECTIVE COVENANTS FOR WOOLBRIGHT PLACE
Description of Common Areas
Tracts , as shown on the
Plat of , as recorded
in Plat Book , Page of the Public
Records of Palm~ch County, Florida.
33
',,"
J,JW/hh
12/06/89
105-7188-3
BYLAWS
OF
WOOLBRIGHT PLACE MASTER ASSOCIATION, INC.
"
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
TABLE OF CONTENTS
Page
De fin it ions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Location.....
. . . . . . . . . . . . . . . . . . . . . . . . . .
.1
Membership. .
Fiscal Year.
. . . . . . . . . . . . . . . . . . . . . . . . . . .
.1
. . . . . . . . . . . . . . . . . . . . . . . . . . .
.1
Board of Directors....
. . . . . . . ~ . . . . . . . . .
.2
Officers. . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .
.7
Meetings of Members...
. . . . . . . . . . . . . . . . .
.8
Commi t tees. . . . . . . . . . . .
........... .10
Books and Papers............
......10
.Amendments............................ .10
BYLAWS
OF
WOOLBRIGHT PLACE MASTER ASSOCIATION, INC.
ARTICLE I
DEFINITIONS
All defined terms used in these Bylaws shall have the meaning
assigned to them in the Declaration.
ARTICLE II
LOCATION
Section 1. The principal office of the Association shall be
located in Palm Beach County, Florida, or as may be established
by the Board of Directors.
/
ARTICLE III
MEMBERSHIP
Section 1. Membership of the Association is as set forth in
Article 4 of the Articles of Incorporation of the Association.
Section 2. The rights of membership are subject to the pay-
ment of annual and special assessments levied by the Association,
the obligation of which assessment is imposed against each Owner
of and becomes a lien upon the Properties against which such
assessments are made as provided by Article V of the Declaration
to which the Properties are subject.
ARTICLE IV
FISCAL YEAR
Section 1.
calendar year.
The fiscal year of the Association shall be a
ARTICLE V
BOARD OF DIRECTORS
Section 1. The directors of the Association shall be elected
at the annual meeting of the Members. The election shall be
decided by majority vote.
Section 2. Any director may be removed from office at any
time with or without cause by the affirmative majority vote of
the Association membership, except that the directors elected by
the Class B member including those named in the Articles of
Incorporation may be removed only by the Class B member.
Section 3. The first meeting of the duly elected Board of
Directors, for the purpose of organization, shall be held immedi-
ately after the annual meeting of members, provided the majority
of the members of the Board elected be present. Any action taken
at such meeting shall be by a majority of the whole Board. If
the ma jor i ty of the members of the Board elected shall not be
present at that time, or if the directors shall fail to elect
officers, the meeting of the Board to elect officers shall then
be held..within thirty days after the/annual meeting of members
upon three days' notice in writing to each member of the Board
elected, stating the time, place and object of such meeting.
Section 4. Regular meetings of the Board of Directors may be
held at any place or places within Palm Beach County, Florida, on
such days and at such hours as the Board of Directors may, by
resolution, appoint.
Section 5. No notice shall be required to be given of any
regular meeting of the Board of Directors.
Section 6. Special meetings of the Board of Directors may be
called at any time by the President or by a majority of the Board
and may be held at any place or places within Palm Beach County,
Florida, and at any time.
Section 7. Notice of each special meeting of the Board of
Directors, stating the time, place and purpose or purposes there-
of, shall be given by or on behalf of the President or by or on
behalf of the Secretary or by or on behalf of a majority of the
members of the Board to each member of the Board not less than
three days prior to the scheduled date of the special meeting by
mail or one day by telephone or telegraph. Special meetings of
the Board may also be held at any place and time without, notice
by unanimous waiver of notice by all the directors.
Sect ion 8. No Oi rector shall receive any compensation from
the Association for acting as such unless approved by Members
representing a majority of the total vote of the ~ssociation at a
2
regular or special meeting of the Association; provided any
Director may be reimbursed for expenses incurred on behalf of the
Association upon approval of a majority of the other Directors.
Section 9. Subject to the provisions of Section 10 of this
Article, all meetings of the Board shall be open to all Members,
but no Member other than Directors may participate in any discus-
sion or deliberation unless permission to speak is requested on
his or her behalf by a Director. In such case, the President may
limit the time that any Member may speak.
Section 10. Any action to be taken at a meeting of the
Directors or any action that may be taken at a meeting of the
Directors may be taken without a meeting if a consent in writing,
setting forth the action so taken, shall be signed by all of the
Directors, and such consent shall have the same force and effect
as a unanimous vote.
Section 11. The Board of Directors shall be responsible for
the affairs of the Association and shall have all of the powers
and duties necessary for the administration of the Association's
affairs and, as provided by law, may do all acts and things as
are not by the Declaration, Articles,/or these By-Laws directed
to be done and exercised exclusively by the Members.
The Board of Directors shall delegate to one of its
members the authority to act on behalf of the Board of Directors
on all matters relating to the duties of the Managing Agent or
Manager, if any, which might arise between meetings of the Board
of Directors.
In addition to the duties imposed by these By-Laws or by
any resolution of the Association that may be hereafter adopted,
the Board of Directors shall have the power to and be responsible
for the following, in way of explanation, but not limitation:
. a. preparation and adoption of an annual budget in
which there shall be established the contribution of each Owner
to the common expenses;
b. making assessments to defray the common expenses,
establishing the means and methods of collecting such assess-
ments, and establishing the period of the installment payments of
the annual assessment, provided, unless otherwise determined by
the Board of Di rectors, the annual assessment for each Lot' s
proportionate share of the common expenses shall be payable in
equal quarterly installments, each such installment to be due and
payable in advance on the first day of quarter;
c. providing for the operation, care, upkeep, and
maintenance of all of the Common Areas.
3
d. designat ing, hi ring, and dismissing the personnel
necessary for the maintenance, operation, repair, and replacement
of the Association, its property, and the Common Areas where
appropriate, providing for the compensation of such personnel and
for the purchase of equipment, supplies, and material to be used
by such personnel in the performance of their duties:
e. collecting the assessments, depositing the proceeds
thereof in a bank depository which it shall approve, and using
the proceeds to administer the Association: the reserve fund may
be deposited, in the directors' best business judgment, in depos-
itories other than banks:
f. making and amending rules and regulations:
g. opening of bank accounts on behalf of the Associa-
tion and designating the signatories required:
h. making or contracting for the making of repairs,
additions, and improvements to or alterations of the Common Area
in accordance with the other provisions of the Declaration and
these By-Laws after damage or destruction by fire or other casu-
alty: .. ;I'
i. enforcing by legal means the provisions of the
Declaration, these By-Laws, and the rules and regulations adopted
by it and br inging any proceedings which may be insti tuted on
behalf of or against the Owners concerning the Association after
receiving the proper authorization, if any, required by the Dec-
laration:
j. obtaining and carrying insurance against casualties
and liabilities, as provided in the Declaration, and paying the
premium cost thereof:
. k. paying the cost of all services rendered to the
Association or its Members and not chargeable to Owners:
1. keeping books wi th detai led accounts of the
receipts and expenditures affecting the Association and its
administration, specifying the maintenance and repair expenses
and any other expenses incurred. The said books and vouchers
accrediting the entries thereupon shall be available for examina-
tion by the Owners and mortgagees, their duly authorized agents,
accountants, or attorneys, during general business hours on work-
ing days at the time and in a manner that shall be set and
announced by the Board of Directors for the general knowledge of
the owners. All books and records shall be kept in accordance
with generally accepted accounting practices;
m. make available to any prospective purchaser of a
Lot, any Owner of a Lot, any first Mortgagee, and the holders,
4
-.
insurers, and guarantors of a first Mortgage on any Unit, current
copies of the Declaration, the Articles of Incorporation, the By-
Laws, rules governing the Lot and all other books, records, and
financial statements of the Association; and
n. permit utility suppliers to use portions of the
Common Area reasonably necessary to the ongoing development or
operation of the Properties.
Section 12. The Board of Directors may employ for the Asso-
ciation a professional management agent or agents at a compensa-
tion established by the Board of Directors to perform such duties
and services as the Board of Directors shall authorize. The
Board of Directors may delegate to the managing agent or manager,
subject to the Board's supervision, all of the powers granted to
the Board of Directors by these By-Laws, other than the powers
set forth in subparagraphs (a), (b), (f), (g), and (i) of Section
11 of this Article. The Declarant, or an affiliate of the Decla-
rant, may be employed as managing agent or manager. No manage-
ment contract may have a term in excess of one (1) year and must
permit termination by either party without cause and without
termination fee on ninety (90) days, or less, written notice.
Section 13. The following management standards of perform-
ance will be followed unless the Board by resolution specifically
determines otherwise:
a. accrual accounting, as defined by generally
accepted accounting principles, shall be employed;
b. accounting and controls should conform with estab-
lished AICPA guidelines and pr inciples, which require, wi thout
limitation, (i) disbursements by check requiring two (2) signa-
tures, and (ii) cash disbursements limited to amounts of Seventy-
Five ($75.00) Dollars and under;
c. cash accounts of the Association shall not be com-
mingled with any other accounts;
d. no remuneration shall be accepted by a managing
agent from vendors, independent contractors, or others Providing
goods or services to the Association, whether in the form of com-
missions, finder's fees, service fees, prizes, gifts, or other-
wise; any thing of value received shall benefit the Association;
e. any financial or other interest which a managing
agent may have in any firm providing goods or services to the
Association shall be disclosed promptly to the Board of Direc-
tors; and
f. an annual report consisting of at least the follow-
ing shall be distr ibuted wi thin one hundred twenty (120) days
5
after the close of the fiscal year: (1) a balance sheet as of
the end of the fiscal year; (2) an operating (income) statement
for the fiscal year; and (3) a statement of changes in financial
position for the fiscal year.
Section 14. The Board of Directors shall have the power to
borrow money for the purpose of repair or restoration of the
Common Areas without the approval of the Members of the Associa-
tion; provided, however, the Board shall obtain Member approval
in the same manner provided in the Declaration for special
assessments in the event that the proposed borrowing is for the
purpose of modifying, improving, or adding amenities, and the
total amount of such borrowing exceeds or would exceed five (5%)
percent of the budgeted gross expenses of the Association for
that fiscal year.
Section 15. The Board shall have the power to impose rea-
sonable fines, which shall constitute a lien upon the property of
the violating Owner, and to suspend an Owner's right to vote or
to use the Common Area for violation of any duty imposed under
the Declaration, these By-Laws, or any rules and regulations duly
adopted hereunder; provided, however, nothing herein shall
authorize the Association or the Board of Directors to limit ,.
ingress and egress to or from a Lot. In the event that any occu-
pant of a Lot violates the Declaration, By-Laws, or a rule or
regulation and a fine is imposed, the fine shall first be
assessed against the occupant; provided, however, if the fine is
not paid by the occupant within the time period set by the Board,
the fine shall constitute a lien upon the Lot in which the occu-
pant resides, and the Owner shall pay the fine upon notice from
the Association. The failure of the Board to enforce any pro-
vision of the Declaration, By-Laws, or any rule or regulation
shall not be deemed a waiver of the right of the Board to do so
thereafter.
. a. Notice. Prior to imposition of any sanction here-
_~nder, the Board or its delegate shall serve the alleged violator
with written notice describing (i) the nature of the alleged
viola t ion, ( i i) the proposed sanct ion . to be imposed, ( i i i) a
period of not less than ten (10) days within which the alleged
violator may present a written request to the committee desig-
nated by the Board, if any, or Board of Directors for a hearing:
and (iv) a statement that the proposed sanction shall be imposed
as contained in the notice unless a challenge is begun within ten
(10) days of the notice. If a timely challenge is not made, the
sanction stated in the notice shall be imposed.
b. Hearing. If a hearing is requested in a timely
manner, the hearing shall be held in executive session before the
body specified in the notice which shall afford the Owner a
reasonable opportuni ty to be heard. Pr ior to the ef fecti veness
of any sanction hereunder, proof of proper notice shall be placed
6
in the miinutes of the meeting. Such proof shall be deemed ade-
quate if a copy of the notice, together with a statement of the
date and manner of delivery, is entered by the officer, Director,
or agent who delivered such notice. The notice requirement shall
be deemed satisfied if the alleged violator appears at the meet-
ing. The minutes of the meeting shall contain a written state-
ment of the results of the hear ing and the sanction, if any,
imposed.
c. Appeal. If the hearing is held before a body other
than the Board, then the violator shall have the right to appeal
the decision to the Board of Directors. To perfect this right, a
written notice of appeal must be received by the manager, Presi-
dent, or Secretary of the Association within thirty (30) days
after the hearing date.
d. Additional Enforcement Rights. Notwithstanding
anything to the contrary herein contained, the Association, act-
ing through the Board of Di rectors, may elect to enforce any
provision of the Declara tion, these By-Laws, or the rules and
regulations of the Association by self-help (specifically includ-
ing, but not limited to, the towing of vehicles that are in vio-
lation of parking rules and regulations) or by suit at law or in
equity to enjoin any violation or to recover monetary damages or
both without the necessity for compliance with the procedure set
forth above. In any such action, to the maximum extent permis-
sible, the Owner or occupant responsible for the violation for
abatement is sought shall pay all costs, including reasonable
attorney's fees actually incurred.
ARTICLE VI
OFFICERS
Section 1. The officers of the Association shall be elected
annually by the Board of Directors at the first meeting of the
Board of Directors following each annual meeting of the Members,
as herein set forth in Article III.
Section 2. Any officer may be removed at any time by the
affirmative vote of a majority of the Board of Directors at any
duly called regular or special meeting of the Board.
Section 3. The President shall be the chief executive offi-
cer of the Association. The President shall preside at all meet-
ings of the members of the Association and of the Board of Direc-
tors. He shall have the general powers and duties of supervision
and management of the Association which usually pertain to his
office, and shall perform all such duties as are properly
required of him by the Board of Directors. The Board of Direc-
7
'.
tors shall elect one Vice President, who shall have such powers
and perform such duties as usually pertain to such office or as
are properly required of him by the Board of Directors. In the
absence or disability of the President, the Vice President shall
perform the duties and exercise the powers of the President. The
Secretary shall issue notices of all meetings of the membership
of the Association and the Board of Di rectors where notice of
such meetings is required by law or in these Bylaws. He shall
keep the minutes of the meetings of the membership and of the
Board of Directors.
Section 4. The Treasurer shall have the care and custody of
all the monies and securities of the Association. He shall enter
on the books of the Association, to be kept by him for that pur-
pose, full and accurate accounts of all monies received by him
and paid by him on account of the Association. He shall sign
such instruments as require his signature and shall perform all
such duties as usually pertain to his office or as are properly
required of him by the Board of Directors.
Section S. Vacancies in any of f ice ar ising from any cause
may be filled by the Board of Directors for the unexpired portion
of the term.
Section 6. Any officer may resign at any time by giving
written notice to the Board of Directors, the President, or the
Secretary. Such resignation shall take effect on the date of the
receipt of such notice or at any later time specified therein,
and unless otherwise specified therein, the acceptance of such
resignation shall not be necessary to make it effective.
ARTICLE VII
MEETINGS OF MEMBERS
Section 1. The regular annual meeting of the members shall
be held annually during the month in which the Declaration was
recorded at such time and place as shall be determined by the
Board of Oi rectors. The purpose of the annual meeting is to
elect the Board of Directors.
Section 2. Special meetings of the members shall be called
within sixty (60) days of the turnover date, and may be called
for any purpose at any time by the President or a majority of the
members of the Board of Directors.
Section 3. Notice may be given to the member either person-
ally, or by sending a copy of the notice through the mail, post-
age thereon fully paid, to his address appearing on the records
of the Association. Each member shall register his address with
8
..
the Secretary, and notices of meetings shall be mailed to him at
such address. Notice of any meeting, regular or special, shall
be mailed or personally delivered at least six (6) days in
advance of the meeting and shall set forth the general nature of
the business to be transacted, provided, however, that if any
business of any meeting shall involve any action governed by the
Articles of Incorporation, notice of such meetings shall be given
or sent as therein provided.
Section 4. The presence at the meeting of members entitled
to cast thirty-three and one-third percent (33 1/3\) of the Class
A membership votes shall constitute a quorum for any action gov-
erned by these Bylaws. '
Section 5. If any meetings of the Association cannot be
held because a quorum is not present, a majority of the Members
who are present at such meeting, may adjourn the meeti"ng to a
time not less than five (5) nor more than thirty (30) days from
the time the original meeting was called. At the reconvened
meeting at which a quorum is present, any business which might
have been transacted at the meeting or iginally called may be
transacted. If a time and place for reconvening the meeting is
not fixed by those in attendance at the original meeting o'r if
for any reason a new date is fixed for reconvening the meeting
after adjournment, notice of the time and place for reconvening
the meeting shall be given to Members in the manner prescribed
for regular meetings.
The Members present at a duly called or held meeting at
which a quorum is present may continue to do business until
adjournment, notwithstanding the withdrawal of enough Members to
leave less than a quorum, provided that Members representing at
least twenty-five (25\) percent of the total votes of the Associ-
ation remain present, and provided further that any action taken
shall be approved by at least a majority of the Members required
to constitute a quorum.
Section 6. The President shall preside over all meetings of
the Association, and the Secretary shall keep the minutes of the
meeting and record in a minute book all resolutions adopted at
the meeting, as well as a record of all transactions occurring
thereat. Roberts Rules of Order shall govern the conduct of
meetings.
Section 7. Any action required by law to be taken at a meet-
ing of the Members, or any action which may be taken at a meeting
of the Members, may be taken without a meeting if a consent in
writing setting forth the action so taken shall be signed by all
of the Members entitled to vote with respect to the subject mat-
ter thereof, and such consent shall have the same force and
effect as a unanimous vote of the Members.
9
-. po
ARTICLE VIII
COMMITTEES
Section 1. The Architectural Control Board shall be a stand-
ing committee of the Association. The Board of Directors may
appoint such other committees as it deems advisable.
Section 2. The Architectural Control Board shall be
appointed, shall serve and shall have the duties and functions as
described in the Declaration. A party aggrieved by a decision of
the Architectural Control Board shall have the right to make a
written request to the Board of Directors, within thirty (30)
days of such decision, so that the Board of Directors may review
such decision. The determination of the Board of Directors, upon
reviewing such decision of the Architectural Control Board, shall
in all events be dispositive.
ARTICLE IX
BOOKS AND PAPERS
The books, records and papers of the Association shall at all
times, dur ing reasonable business hours, be subject to the in-
spection of any member of the Association.
ARTICLE X
AMENDMENTS
Section 1. These Bylaws may be amended,' at a regular or
special meeting of the members, by a vote of a majority of mem-
bers present in person or by proxy, provided that the notice to
the members of the meeting disclosed the information that the
amendment of the Bylaws was to be considered; provided, however,
the provisions which are governed by the Articles of Incorpora-
tion of this Association may not be amended except as provided in
the Articles of Incorporation or applicable law; and provided
further that any matters stated herein to be or which are in fact
governed by the Declaration of Restrictions and Protective Cove-
nants referred to herein may not be amended except as provided in
such covenants. Notwithstanding anything herein to the contrary,
the Class B Member as described in the Articles of Incorporation
of the Association shall be permitted to amend these Bylaws at
any time and no amendment of these Bylaws may be made without the
consent of the Class B Member.
10
Section 2. In case of any conflict between the Articles of
Incorporation and these Bylaws, the Articles shall control; and
in the case of any conflict between the Declaration and these
Bylaws, the said Declaration shall control.
* * * * *
I hereby certify that the foregoing Bylaws of the above-named
corporation were duly adopted by the Board of Directors of said
association in a meeting held for such purpose on this day of
,19 -
David Levy, Secretary
11
f'
uy be subsequently designated by the Board of Directors. The
initial registered office is at the above address and the initi~l
registered agent therein is David Levy.
IN WITNESS WHEREOF, the
signature this r 5 day of
affixed his
STATE OF FLORIDA )
55:
COUNTY OF PALM BEACH)
day Tahfe fR~ejo~~ instr~ment~~~ acknowledged before me this I~
~s::L. ' l~ by David Levy. .....
~~ U , CJI';"..;~::' _.~~.~..,.
~ ~,
M Notary Pu lC ~ _.-:' : -...... ~
State of Florida ~:--: . . -
My Commission Expir:;.e~.y',~..,:""""" ..:" j
Notary Public, StDtlDfflorida ':-'" . ,;" ': . . -. -..... ~ 't 1
My Commissloa bpvts hb. 25. 1993 ....... " ..'... ~ . .,:..:..,,,,
_ e...IlllI ~ I.., fClill.Illwt-.... _ .......:.___:..-
The undersigned hereby
Agent.
intment as Registered
..
..
6
~.-----~-_._._-------
, ,
Section 2. In case of any conflict between the Articles of
Incorporation and these Bylaws, the Articles shall control; - ".d
in the case of any conflict between the Declaration and tr.''::3e
Bylaws, the said Declaration shall control.
. * * * *
I hereby certify that the foregoing Bylaws of the above-named
corporation were duly adopted by the Board of Directors'S of said
a~~oci~S}on in a me~ng held for su urpose on this ~ day of
!::!!.Go~ 1 , 1 .
Secretary
11
~. .
CGB/hh
12/06/89
105-7188-2
ARTICLES OF INCORPORATION
OF
WOOLBRIGHT PLACE MASTER ASSOCIATION, INC.
(A Florida Corporation Not-For-Profit)
The undersigned by these Articles, associate themselves for
the purpose of forming a corporation not-for-profit under Chapter
617, Florida Statutes and certify as follows:
Article 1
Name
The name of the corporation shall be Woolbright Place Master
Association, Inc. For convenience, the corporation shall be
referred to in this instrument as the "Association."
Article 2
Purposes
A. The purposes for which the Association is organized are:
(i) to be and consti tute the Association to which
reference is made in the Declaration of Restrictions and Protec-
tive Covenants for Woolbright Place, recorded on or to be
recorded in the Official Records of Palm Beach County, Florida,
as amended (hereinafter the "Declaration"), establishing a Master
Land Use Plan which is part of the Public Records Palm Beach
County, Florida as amended from time to time to perform all obli-
gations and duties of the Association and to exercise all rights
and powers of the Association, as specified therein in the By-
Laws, and as provided by law: and
(ii) , to provide an enti ty for the furtherance of the
interests of the owners in the development.
B. The Association shall make no distributions of income to
its members, directors or officers.
C. AIl terms used herein which are not defined shall have
the same meaning provided in the Declaration.
Article 3
Powers
The powers of the Association shall include and be governed
by the following provisions:
A. The Association shal1 have all of the common law and
statutory powers of a corporation not-for-profit which are not in
conflict with the terms of these Articles, the Declaration and
the By-Laws of this Association.
B. The Association shall have all of the powers necessary
or desirable to perform the obligations and duties and to exer-
cise the rights and powers set out in these Articles, the By-Laws
or the Declaration including, without limitation the following:
(i) to fix and to. collect assessments or other
charges to be levied against the Lots;
(ii) to manage control, operate, maintain repair and
improve property subjected to the Declaration or any other prop-
erty for which the Association by rule, ~egulation, Declaration
or contract has a right or duty to provide such services;
(iii) to enforce covenants, conditions or restrictions
affecting any property to the extent the Association may be auth-
orized to do so under any Declaration or By-Laws:
(iv) to engage in activities which will actively fos-
ter promote and advance the common interests of all owners:
(v) to buy or otherwise acquire sell or otherwise
dispose of, mortgage or otherwise encumber, exchange, lease,
hold, use, operate and otherwise deal in and with real, personal
and mixed property of all kinds and any right or interest therein
for any purpose of the Association:
(vi) to borrow money for any purpose as may be limited
in the By-Laws:
(vii) to enter into, make, perform or enforce contracts
of every kind and description and to do all other acts necessary,
appropriated or advisable in carrying out any purpose of the
Association, with or in association with any other association,
corporation or other entity or agency, public or private:
(viii) to act as agent, trustee or other representative
of other corporations, firms or individuals, and as such to
2
advance the business or ownership interests in such corporations,
firms or individuals;
(ix) to adopt, alter and amend or repeal such By-Laws
as may be necessary or desirable for the proper management of the
affairs of the Association; provided, however, such By-Laws may
not be inconsistent with or contrary to any provisions of the
Declaration; and
(x) to provide any and all supplemental municipal
services as may be necessary or proper.
(xi) The foregoing enumeration of powers shall not
limit or restrict in any manner the exercise of other and further
rights and powers which may now or hereafter be allowed or per-
mitted by law; and the powers specified in each of the paragraphs
of this Article 3 are independent powers, not to be restricted by
reference to or inference from the terms of any other paragraph
or provision of Article 3.
Article 4
Members
A. The Association shal1 be a membership corporation with-
out certificates or shares of stock.
B. The owner of each Lot subject to the Declaration shall
be a member of the Association and there is one vote assigned per
Lot as set forth in the Declaration except there shall be no vote
for any Lot owned by the Association. The manner of exercising
voting rights shall be determined by the Declaration and By-Laws
of the Association.
c. Change of membership in the Association shall be estab-
lished by recording in the Public Records of Palm Beach County,
Florida, a deed or other instrument establishing record title to
a Lot subject to the Declaration and written notice to the Asso-
ciation of such change in title. The owner designated by such
instrument thus becomes a member of the Association and the mem-
bership of the prior owner is terminated.
D. The share of a member in the funds and assets of the
Association cannot be assigned, hypothecated or transferred in
any manner except as an appurtenances of his Lot.
3
Article 5
TerM
The Association shall be of perpetual duration.
Article 6
Directors
A. The affairs of the Association shall be conducted man-
aged and controlled by a Board of Directors. The initial Board
of Directors shall consist of three (3) directors.
B. The names and addresses of the members 'of the ini t ial
Board of Directors, who shall hold office until their successors
are elected and have qualified or until removed are as follows:
NAME
ADDRESS
David Levy
902 Clint Moore Road
.. Congress Corporate Plaza
Boca Raton, Florida 33487
902 Clint Moore Road
Congress Corporate Plaza
Boca Raton, Florida 33487
902 Clint Moore Road
Congress Corporate Plaza
Boca Raton, Florida 33487
Howard Scharlin
Mike Morton
C. The method of election and term of office removal, and
filling of vacancies shall be as set forth in the By-Laws. The
Board may delegate such operating author i ty to such companies,
indi viduals and commi ttees as it in its discretion, may deter-
mine.
Article 7
Officers
The affairs of the Association shall be administered by the
officers designated by the By-Laws. The officers shall be
elected by the Board of Directors at its first meeting following
the annual meeting of the Association and they shall serve as the
pleasure of the Board of Di rectors. The names and addresses of
the officers who shal1 serve until their successors are desig-
nated by the Board of Directors and their offices are as follows:
4
. ..
NAME
TITLE
ADDRESS
Mike Morton
Secretary
902 Clint Moore Road
Congress Corporate Plaza
Boca Raton, Florida 33487
902 Clint Moore Road
Congress Corporate Plaza
Boca Raton, Florida 33487
902 Clint Moore Road
Congress Corporate Plaza
Boca Raton, Florida 33487
Howard Scharlin
President
David Levy
Treasurer
Article 8
By-Laws
The By-Laws of the Association shall be adopted by the Board
of Directors and may be altered, amended or rescinded in the man-
ner provided by the By-Laws.
Article 9
Amendments
Amendments to the Articles of Incorporation may be proposed
and adopted as provided in Chapter 617 Florida Statutes provided
that no amendment may be in conflict with the Declaration and
provided further that no amendment shall be effective to impair
or dilute any rights of members that are governed by such Decla-
ration.
Article 10
Incorporator
The incorporator to these Articles is David Levy, whose
address is 902 Clint Moore Road, Congress Corporate Plaza, Boca
Raton, Florida 33487.
Article 11
Registered Agent and Office
The principal office of the Association shall be at 902 Clint
Moore Road, Congress Corporate Plaza, Boca Raton, Florida 33487,
or at such other place, within or without the State of Florida as
5
. ,
may be subsequently designated by the Board of Directors. The
initial registered office is at the above address and the initial
registered agent therein is David Levy.
IN WITNESS WHEREOF, the incorporator has hereunto affixed his
signature this ____ day of , 19
David Levy
STATE OF FLORIDA )
SS:
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this
day of , 19___ by David Levy.
Notary Public
State of Florida
My Commission Expires:
The undersigned hereby accepts appointment as Registered
Agent.
David Levy
6
,
.. '-'
..
JJW/hh
l2/06/89
lOS-7l88-l
DECLARATION OP RESTRICTIONS
AND PROTECTIVE COVENANTS
FOR WOOLBRIGHT PLACE
1
\
I
Prepared By and Return To:
James J. Wheeler, Esquire
Broad and Cassel
7777 Glades Road, Suite 300
Boca Raton, Florida 33434-4111
'.
I.
II.
III.
IV.
v.
- TABLE OF CONTENTS -
DEFINITIONS. . . . . . . . . . . . . . . . · . · · · · . · . . . . . . . . . . . . . . . . . . . . .
a.
b.
c.
d.
e.
f.
9.
h.
i.
j.
Assessmen ts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
As soe i a t ion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Common Areas...................................
Developer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General Assessments............................
Institutional Lender...........................
~()~ . . . . . . .". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Owner or Member................................
Properties. . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . .
Special Assessment'..............................
PROPERTY SUBJECT TO THIS DECLARATION;
ADDITIONS THERETO..............................
1.
2.
Legal Description..............................
Developer's Right to Add Additional
Property To or Withdraw ~roperty............
WOOLBRIGHT PLACE MASTER ASSOCIATION, INC................
1.
2.
3.
4.
5.
6.
7.
8.
Membe r ship. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Voting Rights..................................
Merger or Consolidation.........................
Termination of the Association.................
Common Areas........... \. . . . . . . . . . . . . . . . . . . . . . . .
Lot Maintenance........~.......................
Powe r s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rules and Regulations..........................
ARCHITECTURAL CONTROL....................................
1.
2.
3.
4.
5.
6. _
Developer Architectural Control................
Architectural Control Board....................
Owner to Obtain Approval.......................
ACB' s Consen t . . . . . . . . . . . . . . . . . . · . · · . · · · · . · · · . · ·
No Liability...................................
Remedy for Violations..........................
ASSOCIATION -- COVENANT FOR MAINTENANCE ASSESSMENT......
1.
2.
Creation of the Lien and Personal
Obligation for the Assessments...............
Purpose of Assessments.........................
Page
1
1
1
1
1
2
2
2
2
2
3
3
3
3
3
3
3
4
5
5
6
6
6
7
7
7
7
8
8
8
9
9
9
. ~ ..
VI.
VII.
3.
4.
s.
6.
7.
8.
9.
10.
11.
12.
Date of Commencement of General Assessments~
Due Da t e s. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
Special Assessments............................ lO
Reserves. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
Trust Funds.................................... 11
Developer Payment of Assessment................ 11
Working Capital Fund........................... 11
Roster; Notice; Certificate.................... l2
Collection of Assessments; Effect of
Non-Payment of Assessments; The Personal
Obligation of the OWner~ The Lien;
Remedies of the Association................. 12
Subordination of the Lien to Mortgages......... 13
Exempt Property................................ 14
EASEMENTS. . . . . . . . -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-
l. Members' Easements............................. 14
2. Easements Appurtent............................ 15
3. Utility Easements.............................. 15
4. Public Easements............................... 15
5. Easements of Encroachments..................... 16
6. Additional Easement............................ 16
7. Association Easement........................... 16
8. Construction Easement.......................... 17
GENERAL RESTRICTIVE COVENANTS........................... 17
1.
2.
3.
4.
s.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Applicability...................................
Land Use.......................................
Change in Buildings............................
Building Location...............................
Landscaping of Easements.......................
Nu i sances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Temporary Structures...........................
S i 9 n s . . . . . . . . . . . .41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . · ·
Oil and Mining Operations......................
Animals and Pets...............................
Visability at Intersections....................
Commercial Trucks, Trailers, Campers
and Boa ts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
17
17
18
18
18
19
19
19
19
20
20
20
20
21
21
21
21
21
22
Fences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
Garbage and Trash Disposal.....................
Drying Areas...................................
Gas Containers.................................
Communication Equipment........................
County Requirement.............................
Ora i na 9 e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Leas i ng . . . . . . . . . . . . . . . . . . . · . · . . . · . · · · · · . . . . . . . .
ii
VIII.
IX.
X.
XI.
INSURANCE AND CASUALTY LOSSES.......................... 23
1. Insurance.................. . . . . . . . . . . . . . . . . . . . . 23
2. Individual Insurance....... . . . . . . . . . . . . . . . . . . . . 25
3. Disbursement of Proceeds.. . . . . . . . . . . . . . . . . . . . . . 25
4. Damage and Destruction.... . . . . . . . . . . . . . . . . . . . . . 26
5. Repair and Reconstruction. . . . . . . . . . . . . . . . . . . . . . 26
DEVELOPER'S RIGHTS........
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1. Sales Activity................................. 27
2. Replatting..................................... 27
3. Utility and Construction Payments
and/or Deposits.............................. 27
4. Cable Television................................ 27
5. Assignment of Developer Rights................. 28
6. Developer Approval of Board Action............. 28
MORTGAGEES'
RIGHTS..........
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.
2.
3'.
4.
5.
Notices of Action..............
No P r i 0 r it y. . . . . . . . . . . . . . . . . . . .
Notice to Association.
Applicability of Article XI....................
Failure of Mortgagee to Respond................
. . . . . . . . . .
. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .
GENERAL PROVISIONS...................................... 29
1.
2.
3.
4.
5.
6.
7.
Du rat ion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No tic e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Severability...........~.......................
Amendment..................... .
Litigation................
Ef fee t i ve Da te. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .
. . .
. . .
. . . . . . . .
iii
27
28
28
29
29
29
29
29
30
30
30
30
31
31
'M~/-- ~{Jc-tl6-<z:(t{-~- ,'j'~. , f\ f1- ~;J
U SlA-u~f(ii t ~/tJ-...v--~' RESOLUTION NO. R97-~
, I 1- ~ If- A RESOLUTION OF THE CITY COMMISSION
LU' CITY OF BOYNTON BEACH, FLORIDA, AUTH
I' ACCEPTANCE OF THE APPROVED LETTER OF
il UNB-5372 IN THE AMOu""NT OF $40,522.90 IS
II UNITED NATIONAL BANK IN REGARD TO LAND C
,i IMPROVEMENTS IN THE _SW 8TH STREET RIGHT
, ! WAY i AND PROVID ING AN EFFECTIVE DATE.
II
I!
Th~~UW~
i~R 2. 4 \991
DIT
B'lPl"'NNING "'NO
ZONING OEPT.
OF
WHEREAS, a Letter of Credit No. UNB-5372 in the amount of
$40,522.90 has been issued by United National Bank as surety for
the completion of the SW 8th Street landscaping improvements.
WHEREAS. the City Corrunission of the City of Boynton Beach,
Florida, upon recommendation of staff, hereby authorizes the
acceptance of the approved Letter of Credit No. UNB-5372.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH. FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida, hereby authorizes acceptance of the approved Letter of
Credit No. UNB-5372 in the amount of $40,522.90 issued by United'
National Bank as surety that the SW 8th Street landscaping'
improvements will be completed as stipulated in the Development
I Order of September 4, 1996.
i Section 2. That this Resolution shall become effective
" immedia tely upon passage.
PASSED AND ADOPTED this /~
day of ~~(!#
, 1997.
Ii
FLORIDA
1
I
,!
:!
I
Commissioner
ATTEST:
"~~/4~
Ci y Clerk
(Corporate Seal)
Acceptance of Surety
SW 8TH STREET LANDSCAPING IMPROVEMENTS
UKlbll\JAL
"'.-, ~<
~ l?97-1/3
~
United National Bank
1399 S.W. FIRST AVENUE, MIAMI, FLORIDA 33130
FAX: (305) 374-5571 TEL: (305) 539-8812
DATE: FEBRUARY 14, 1997
CITY OF BOYNTON BEACH
120 NORTH SECOND AVENUE,
BOYNTON BEACH, FL 33435
IRREVOCABLE STAND-BY LETTER OF CREDIT NO. UNB-5372
GENTLEMEN:
BY ORDER OF HOWARD SCHARLlN, TRUSTEE, WE HEREBY OPEN OUR CLEAN IRREVOCABLE STANDBY LETTER
OF CREDIT NO. UNB-5372 IN YOUR FAVOR FOR THE AMOUNT OF FORTY THOUSAND, FIVE HUNDRED TWENTY
TWO US DOLLARS AND 90/100 (US$ 40,522.90) EFFECTIVE IMMEDIATELY, AND EXPIRING AT OUR OFFICE AT THE
CLOSE OF BUSINESS ON AUGUST 7, 1997.
WE ARE INFORMED THAT HOWARD SCHARLlN, TRUSTEE HAS AGREED TO THE REQUIREMENTS OF THE C/lY OF
BOYNTON BEACH FOR lANDSCAPING ALONG THE S.W, 8 STREET RIGHT OF WAY RUNNING ALONG WOOLBRIGHT
PLACE P.U.D., RECORDED IN PLAT BOOK 67, PAGE 47 AND WOOLBRIGHT PLACE P,C.D. SHOP PES OF
WOOLBRIGHT, RECORDED IN PLAT BOOK 65, PAGE 137, BOTH OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
WE FURTHER ARE INFORMED THAT THE AFOREMENTIONED IMPROVEMENTS ARE REQUIRED BY THE CITY OF
BOYNTON BEACH IN CONJUNCTION WITH THE APPROVAL OF A SUBDIVISION PLAT KNOWN AS CRYSTAL KEY,
AND THAT THE CITY COMMISSION HAS APPROVED AN ESTIMATED COST SCHEDULE UNDER THE CONTRACT IN
THE AMOUNT OF FORTY THOUSAND FIVE HUNDRED TWENTY TWO US DOLLARS AND 90/1 00 (US$ 40,522.90).
FUNDS UNDER THIS LETTER OF CREDIT ARE AVAILABLE TO YOU HEREUNDER NOT EXCEEDING IN THE
AGGREGATE THE AMOUNT OF THIS LETTER OF CREDIT NO. UNB-5372 ACCOMPANIED BY A STATEMENT,
PURPORTING TO BE SIGNED BY THE CITY ENGINEER OF BOYNTON BEACH, FLORIDA TO THE EFFECT THAT (A) IT
IS A CERTIFICATION BY SAID ENGINEER RELATING TO THE IMPROVEMENTS MENTIONED ABOVE; (B) HOWARD
SCHARLlN, TRUSTEE HAS DEFAULTED THE AGREEMENT FOR LANDSCAPING; (C) THE CITY OF BOYNTON
BEACH'S OBLIGATION SHALL INCLUDE BUT NOT BE LIMITED TO THE COST OF LANDSCAPING, LEGAL AND
CONTINGENT COSTS AND EXPENSES, TOGETHER WITH ANY DAMAGES, EITHER DIRECT OR CONSEQUENTIAL,
WHICH THE CITY OF BOYNTON BEACH MAY SUSTAIN ON ACCOUNT OF FAILURE OF HOWARD SCHARLlN,
TRUSTEE WILL PROMPTLY REFUND TO US ANY PORTION OF SUCH FUNDS DRAWN AND NOT EXPENDED IN
COMPLETION OF WORK CALLED FOR.
THIS LETTER OF CREDIT NO. UNB-5372 SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING, AND SUCH
UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY
DOCUMENT, INSTRUMENT OR CONTRACT REFERRED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT UNa-
5372 IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT NO. UNB-5372 RELATES, AND ANY SUCH
REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT
OR CONTRACT.
IF,WE RECEIVE YOUR SIGHT DRAFT AND STATEMENT AS MENTIONED ABOVE HERE AT 1399 S.W. FIRST AVE.,
MIAMI, FLORIDA 33130, ON OR PRIOR TO THE EXPIRATION DATE, WE WILL PROMPTLY HONOR THE SAME.
KINDLY ADDRESS ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT NO, UNB-5372 TO THE
ATTENTION OF INTERNATIONAL DEPARTMENT MENTIONING SPECIFICALLY OUR LETTER OF CREDIT NO. UNa-
5372.
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS ( 1993
REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500.
/r~ ('L r
~:;;'C~S
OPERATIONS OFFICER
INTERNATIONAL BANKING DIVISION
IL FORMENT
ASSIS ANT VICE PRESIDENT AND MANAGER
INTERNATIONAL BANKING DIVISION
United National Bank
Camm.n:lal Loan DMelon
~ ---".
RECEI\T;' \i
2 6 ;~O"
FE B l..oJ;
.~, ~ k~" ~,...~"
ADMiNIS';:v..:; ,....... g ,
February 26, 1997
city Attorney's ottice
city of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Attention:
Michael Pawelczyk, Esq.
Assistant City Attorney
Re: $40,522.90 letter of credit #UNB5372 issued in favor of
CITY OP BOYNTON BlACK for the account of HOwaRD R. SCKARLIN,
TRUSTIlI (the "credit")
Gentlemen:
This will confirm that, in the event there is need to serve process
on United National Bank with respect to the credit, service may be
effected by service upon any vice-president of the bank at its
otficee at 1399 S. W. First Avenue, Miami, Florida 33130.
truly yours,
lev
1388 SoulhwIIt Firat AWI1lA, "'.ml. f'1oltdI 33130.04388.306/368-4334 . Fax 3OSI381.E1320
't/J;'d
seE' CN
J"'5/8I-Jl
14:€2 : ~l't L66 't ' a . 83..:l
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
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 I
4. Proposed Resolution No. R95-187 Re: Temporary easement and
agreement for Beach Restoration Project (Ocean Ridge Shore Protection)
4
.
;:EC-~ 1-t ~~
.. ""l. .,"'": .. c:" 0 _ -: ~ ~ 7'." ,...,
J" . .:..:. a 1i1. .. o-J -' .- ___ .l. 'oJ
. -
,,"-,
"('1'1
\jnt.
6667 p~
10:
GRANT OF -LICENSE BY CITY OF BOYNTON BEACH,
A FLORIDA MUNICIPAL CORPORATION TO
TRADEWINDS DEVELOPMENT CORPORATION,
A FLORIDA CORPORATION
THIS GRANT of License executed and del i vered this J 7' day
of AI~VE~~c:~ , 1990, by the City of Boynton Beach, a
Florida municipal corporation, located in Palm Beach County,
Florida (hereinafter the LICENSOR) to TRADEWINDS DEVELOPMENT_
CORPORATION, \ a Florida cO,rporation (hereinafter the LICENSEE).
WHEREAS, LICENSOR owns. a parcel of real property which is
more particularly described on Exhibit A attached hereto; and
WHEREAS, LICENSEE owns a parcel of real property which is
simple more particularly described on Exhibit B attached hereto.
NOW, THEREFORE, in consideration of tRe sum of Ten ($10.00)
Dollars and other good and valuable consideration, the receipt
and sufficiency' of which is hereby acknowledged by LICENSOR,
LICENSOR has granted, bargained, conveyed, and sold to LICENSEE
its grantees, heirs, successors, assignees, and nominees forever,
a perpetual non-exclusive license to use the real property
described on Exhibit "A" for the following uses.
1. The installation "and maintenance of the landscaped
buffer and improvements on _ LICENSOR's Property as described in
Exhibit "A" hereto.
2. LICENSEE at its own expense shall maintain the license,
the improvements, and the property upon which the I icense is
located in a good state of repair.
3. LICENSEE shall indemnify and save harmless and defend
LICENSOR, its agents, servants, 'and employees from and against
any claim, demand or cause of action of whatsoever kind or nature
arising out of, error, omission or-negl igent act of TRADEWINDS,
its agents, servants or employees in connection with or related
to its use under this Agreement of the real property described on
Exhibit A
4. LICENSEE further agrees to indemnify, save harmless and
defend LICENSOR, its agents, servants, and employees from and
against any claim, demand or cjuse of action of whatsoever kind
or nature arising out of any conduct or misconduct of LICENSEE
not included in paragraph three above and for which LICENSOR, its
agents, servants or employees are or are alleged to be liable.
5. Neither LICENSOR nor any agent, servant or employee of
LICENSOR shall be liable to LICENSEE for any loss, injury or
Page 1 of 2
...:.ii.\:.,
.'::'~I_~ ..
'_ I..J-
~,
damage to LICENSEE or- to any other person or to its or their
property, irrespective of the cause of such injury, damage or
loss.
6. This License
terminated without the
LICENSEE, and executed
dignity to this License.
may not be modified,
prior written approval of
with the same formality
amended, or
LICENSOR and
and of equal
7. The grant of the license shall be binding on and inure
to the benefit of the parties hereto, their grantees, heirs,
successors, as~ignees and nominees.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first written above.
. '"4,', ,
/ //'JA,(f /. I/O.
, ~~.c .-t_
CITY OF BOYNTON BE~CH:
a Municipal ccrpo~ation
r. ':
\ ...' ,,-__'r"
'-- .
1
1 "7 ,\....
BY: 'l-'" ~ , ; , -
.
Its: M~yq': ,.,.',. ,,'
, - :II~ 'v'" ,.! ,.' J
I" .", ' ,
..-.. '-. E-....p~,o,upd,'as
"'. ~ ': ", f f(J:-;: I,: r ~l' '( }-
to T'~orm .
Signed, sealed, and delivered
in the presence of:
..----
STATE OF
COUNTY OF
~~VA
L~~
'.'/
The foregoing instrument was acknowledged before me this
,.,,;< 7 day of /lhv~.l3e~ _, 1990, by &-.........€ /)/a:?~~
, the /J//'9Y~ of the City of
Boynton Beach, a Florida municipal corporation, on behalf of said
. corporation.
. ~ ~': .' . . ~ .
~~~~/-
No ry PubllC
My commission expires:
. ,,~.. ,t .: ',' :' "
J: " '
.
.
A.',: TRADE. DOC
. '
, I.. .
Page 2 of 2
, .'
. "
''':1''-'
~ ~ . - -
'":..J a b J r j
., .~;
.\.U.
~,
LEGAL DB~CRIPTION s.w. 8TH STREET RIGHT-OF-WAY
CESCRIP'I'!ON:
A portion of "S.W. 8th StrQQt" a~ shown on the Plats of
"::'HIRD SECrrION PALM BBACa LEISUREVILLE", a~ rec.crded in Plat Book
28 at pages 243 end 244 and "SECOND SECTION PALM 3EACH
LEI50REVILLEt., as recorded in Plo.t Book 28 at Pages 220 and 221
ot the FUblic Records of Palm Beach County, Florida and more par-
ticularl~ described as. follows:
BEGINNING at the Southe~st co~ner of Lot 4, BLOCK 23 of ~aid
"TEURn SECTI:JN PALM BEaca LEISUREVILLB"; thence N. sa 26' 51" E.
along the South line ot "S.N. 8th Street" as shown on said pla.t,
a distance of 60.00 feet to the East rig1:t. of way line of "S.w.
8th Street"; thence N 01 33' 09" E, a dis~ance of 1528.44 feet
alenf 'said ~ast right of way l1ne to a po~nt on ~ curvef then
northwesterly alonliJ the a.rc Of a c1.rc~ar curve to the ri9'ht
whose radius. point bea~s N 55 OS r 03" E., having a l:adius of
490.00 feet, a central angle ot 11 43' 05", and arc di.stance
198.21 feet to a point of intersection with the West righ~ of way
line of said "S.W. 8th street"; thence S 01
33' 09" E. along the West right of way line a distance of 1683.92
fQQt to the POINT OF BEGINNING.
Said lands situate :..n the City of Eoynton Beach, Palm Beach
County, Florida.
COMMENCING at the Southeast corner of said Section 29. Ta~nship 4~
South, Ranqe 43 Eas~: thence N. 010341 16M W. alcnq t~e East iin~
of said Section 29, a distance of 1302.55 feet to the Northeast
corner..of'Tract -ED of. sa.id uSHOPPES OF WOO1.13tUGUT P.C.D." and thE
POINT or BEGINNING o~ this descrlpt1on; thence S. 8SQ26' 138 W.
alon~ ~e aor~h .line of said Tract YE., "5HOPP~S OF WOOLBRIGUJ
p.e.o.-, a dietance of l271.3~ fee~ ~o a. point on curve: thenCE
Northerly along '~e a~cof a curve .to the ri9ht who~e radius poin1
bears, N. 78D 55' 3'8 E.. having a radius.af 1546.26 feet, j
cen~al'an91e'of 01. 12' 288, an arc cistancs of 32.60 feet to .
point; thence N. 54~ H..1. 29-'W., a distance of. 6.37 .'(eet. to ~
point. on curve; thence Northerl}' along the arc of a curle to tJu
right'whose radius point bears N. 80. 18' 05" E., having a radiu:
ot 1550.76 feet, a central angle of OS- 35' 32", a.n arc distanCE
of' 232.'6 teet to a po1nt ot tanqency; t:.ence N. 01.00. 23- W. " ~
'di~~nce of 416.46 fee~; thence N. 01- 30' 32- E., a distance 01
23.79 ~Get, thence S. 88-26' 51- W., a distance of ~3a.72teet ~e
~h.'Northwo~~ cornsr of Lot 12, B10ck 33 of eaid ftLARE eOYNTOI
ES~TES PLAT 2M: thenc@ S. Ole ]3' 09- B., ~lo~ the WQGt line 01
Said Block.33r a distance of 180.09 feet; thence s. aga26' 511
W.p& distance of 30.00 feet to the centerline of S;W. 8th Stree1
. and"the So~thea:st .com~r of Palm Beach Loisur~ville ,Section 3'J Al
recorded in Plat BOok t81 Pages' 243 and 244 of the Public necord~
of '!'alm' eeach:' County, .Florida; thence. N.' OlD 33' 0.g8 W. alone
said East' 'line and tne centerllne ot s. W. 8 th Stree.t, a. dis tancl
ot 1'; '40.. 08 teet:. to .the Intersection . wi th. ~he ,:,~sterlY prOject..1QI
of. tho .North.. Line. of JUoale 40 of ..id "LAKE BOYNTON ES'l'ATES ''l"Lo\:
18;..t:hence N.. B~.. 26' 13.- E..~on9 .Lid Nor,th lino a distBJ'llce 01
280.00.feet;.' thence s. 01- 33' 09" "E., a distance of ,1.20'.00 ~.~i
thence"N. . 880 26' "1311 B., a distance of 50.00 feet: thence S ~ 0:
33' 09- E~'I. ~ a: ; distance of 170..00. feet.to the Northwest corner 01
Lot V, 'Block. nof."LAn BonnON.. ESTAtES PLAT 2.' thence. N. 8s0261
13 ~:':.z.~ a~o.n9 ,the. North 'line thereof-r'. a distance ot' 50.00 .~: feet tc
.the NQrtnea~t:eonwz,"ot said Lot..6;.th~nceS...Ol.331 ~9.- ~~, i
distance: of'; l'ZO~QO 'feet to the :soutneast'" corner of 5&14 " 'Lot G:
; th4!l~ao, N..'88.~2'i.",:131i E... alonc;r ,the Nor~ 'Une of tbe SouU\,'one-ha11
'of' ill.~ck, 21' :.~ . 22, :o~ '''LAJq:- aOYNTOB :ElS'rA'rES. PLA~ 2", Q cllst'lUlCe 01
.. 1150'.75 feet:.. ~o':.t.he "S-Qt1th,~e~~ cOJ:noJ:' of Lo~"6, Block' 23 of eaie
.. " '''L!lXE ,~~TON':ES'1'~ESi'PIJ\T, 2": thence N.Ol a34' 16. w.o. alorlq ',~ht
'. : ,,' " 'We,:st' .1~n~: o~ :~:I:n~o~~. 23'; 1~A,-18, a distance 91;" ,760. 00 f~et. to th.
;. . ,. . ,0 Southwest ~rn~;'of. Lot 4, BlOCk llA oe. "LAKE'. BOYNTON' ESTATES ,
::'. .'.' . , .:...~': ":,.P'LAT.:,t.; t:t}e~~:..t!;~~t~ly.alonq the South.:line .of,'..said Lot. 4 alone
'::=:\~"":'>> ::,:....,_~,~.:' ..,~~...:::~~:;~:.::,~,;;,,::.'~,j.fl~~~~~~';:.:..:'~~'cU:l.r::,c~e to the 'le~t.,havinq a ,radius 'Qf.,34.0.3i
'.....~"""~' w"'~'" .~",:~~~;'::'Jl",..tii:c:~~~~t~~~~l~;~'b~;..g9',a ,fa~,us~".9~:).~.9 .,36 fe.t.." :Il..n..:;..cu:c
· . aistCUlc.c of so .18 f,l::et ~o the soutneast corner thereat;. thence N.
'., . ,. ,01. ~4"16. W., ~ ~Btance of, 136.30 feet to the Northeast cornez
'.'" ,,',': : " ..thereof:, thenc::e :S.' . 88 : 24>' :13- W., a dietance .of 50.00 feet. tt
.. .". . ".. ,tn~..Southwest. corner, of L9t 3, Blo'ek 1l~,. thoncia N. 01 34' .11.1.... ,w.
a, . .~ . :al~n9' ,the Wes.t. line .of said. Lot 3.. -.a.' distance of '110.00'- fOQ~ 't:c
. ,the'. ~o~thwest c~rner thereot': thence' ~a3terly along' the, Nc)rth 'lim
, ,., . ' of : LOts: l',~.2"; ',and, 3 of. said Block'l1A;, along the 'arc of a c:irc:ulax
. . . : .cuJ::Ve t~, .the. "~~ft,. hav1n9 & radius 'of '352.92 feet' and whose: radiul;
..." . point'beClrs~. 'O~:'i.,'4. Hi- W., na"1nq a,cen~r~ angle, of .'25 091
Og~, A,n' arc..,d.1.~t:Cl~' 'qf., 154.93' feet. to, tJle. .Northea.St corner 01
sa.:Ld ~;. 1. and' th~ Eac:t 1iAe of ~a3.d' Section 2'. thence oS. 01'", 34'
168. E;' along 'said"East line of Sac;:1:ioJ'lo ,29," a dist'ancc of: 2801 Sf
feet :to: thepom:,.OF.- BEGINN!NG. ..' '.' ·
Said'.lands':situa.te':, in: the City of BOYDton Beach, Palm.' DQoi.ct
County, ,Florida., ' .'.., ' "
Coritaining.l,'25"92~:2'square~F.eet/99.1267 acres, ,more or' less'
Subje~~ to' !:;aseraents, ': 'Restrict:ioJ1S, -~eserva'tions, CO'renants . an,
Ri9ht&-of~9fay' ,or 'R.ecord. . . '.. '
, "'t')l)
"~~ ~~
r
:A6J
r . SET I.R'/CAP
I NO.'930 1
r----~- .
-.. .
/
o
ltl
120
. ~"-r 3:-
:i
~o
, 8' .S A. ~
I. OlD 33109"E ~~
18 '-'20,00 su I.A.fCJ.P
~. ~ HO.\gJO
,. N 8802611 ~ "E
1103388 E. ~50.0a
!!ON~.26113" iI:J.oo1 .
T r.Il./CAP '
1.\93P' II. 12000' nao. P.R.Y.
'33 09 E . HO.193O
, "
. -,.'
..
. ;; .
:.~ t
."t .'
. '
,.
, .
~;~.. .
:f~'.
.. ,
::..~
:
, .
,
,
.
.....
.
.
~ D~SCRIPTIO~:
, --:-:- .' 1"-;..4lI:lll _._"'9~!';."""",-..,.,~._"...4,~
. .. -. . - ~~I
..
,-"
~rtion of Sect~on 29, Township 45 south, F.ange 43 East,' P~L,
Deach County, Florida and 4 po:-tion ot .LM~ DGYNTON ~Tl\TES, Pr..,a..1
1-, .... rscordod in i?lat Book l3, I'sgc .12 and. "UJ<.R BOrtoJTO:1 :::3'l".l\TC~
PLAT 211, as recorded.in Ulat Rook 14, Page -17 ~nd "LAKE DOYHTO~
ESfJaTES PLAT 3-, as recorded in Plat Book 13. Pag~ 5] all iai-t:.:u
Public Records of Palm 'Beach County, Florida, and being ~ore
particularly described as follows:
.Tracts "B", .C..,. and "E-, "SJJOPPES OF WOOLr~RIGHT p.e.D.",
Aceordin~ to the plat thereot, as recorded in Plat Book G5, Paqe~
137 ~nd 138, of the Pub~ic Record~ of PAlo Deach coun:y, Florida.
tQ9Qt:luar, wi t,h.
, .
:.. ': '. :).1,:...... .. ~ ...~.........~.... '",'!':" ~.;.~ .~~ ":.
'.
.'
RECORD VER'FIED
PALM BE^CI-t COUNTY, FLI\
JOHN B. DUNKLE
, . 9LEAK CIRCUIT COURT
, ,
. LAKE~ . ". BOYNTON " ~STATES "
PLAT i t 13-32)
,- .-...........,~. ,,'..
I] rHO. P
R&~2.92 . .. NQ. n
A-25C'09'og AIIO' '\',
A& /54.93' .:,
. . ". ... L'":W
~_p-17-9m MON 17:~S ~~W OFF%C~
p.m2
AOBllnlHI
THIS AGREEKEHT entered into ~bia _~__ day of September, 199'
by and b.tw..n the CITY OF BOYNTON BEACH (CITY) and TRADEVINDS
DEVELOP.EMT CORPORATION (TRADEWINPS).
~.
WHEREAS TRADEWINDS haa 8ub.ltted . pre11.1nary plat 01 the
Woolbrigbt Place P.U.D. tor approval by CITY, and
WHEREAS the CITY or~lnanc.. T~uir. a park land dedication
.ithlft the Woolbright Place P.U.D. 01 4.~ acr.., and
WHEREAS in diacu..1oDS b.tY~n City Stafl and TRADEWINDS
representative. on or about "ey 1, 19ge, . reco...ndation va.
..d. by City Stall that 3.~ .o~. 01 land out.ide the P.U.D. be
utiliz.d to .e.t part 01 the recreational r~uire..nt and that
~h. additional on. (1) aore ot r.cr..tional requlr..ent be .et by
1RADEWINDS providing publiC 1.prov...nt. of equal valu. to on.
(1) acre of P.U.O. Land. in th. vicinity of th. proposed 3.5 .cre
neighborhood park to b. d~ic.~ed to the CITYa and
WHEREAS ~be di8cu..ione b.~Y..n TRADEVINDS .nd the CITY
gon~..p!.t.d th. .11.1n.tton o~ any park requir..ent. within the
P.U.Da o~h.r than th. private recreation f.oilili.. to be built
.. a~.nltle. for th. re.ld.n~i.l unit. yi~hin ~h. P.U.D. tor
which TRADEwtNDS i. .ntitled ~o up to . fif~y percent (50X)
credit purayant to th. Park Land Dedication Ordinance i~ it
provid.. . _Sn1au. o~ ~ive (~) laGal p.~k b..le requir...nt.. Ae
a T..ult o~ theee di.cu..1ona~ it v.. propo..d that all o~h.r
park areas vithin the P.UaD. be .li.lnat~d.
Further, t~e
discussione ~ont~Npl.t.d that ~he long linear ~..81v. park
~.P-17-9Q MCN 17:Z~ ~~W CFFXC.
P.GlZ
/
/;P8rk land.
/ Ordinance
/
/
!
loe.t.d 1~ ~h. nQr~h...~ eorn.r o~ ~h. P.U.D. b. oonyerted tor
u8age a. addi~1oftal Mul~i-~a.ily dev.lop..nt.
An .dl:U~ion.l
tor'ly (4(1) ~l\~~-r:~.ll__ un~ oould be- con.'lruoted by TRADEWIHDS
vi~hin thi. 1or..r pe..ive park area, which uni~. would be in
addition to ~h. .ix hundred t6ee) unit. contained within the
.-- - -,' _._~-----
P. U. D. approval J .nd ____ -----.--
--------
,/--1fHiREAS-t:"he diecu..J.ona r'a-garding 'lh. deocSicat.ion ot otf-.:it
to ...t t.he r.quir...nt..
g;f 'lh"
}J?J\
A(( <-t ~A
{J}:Li;;T
Park Land D~dlcat.ion
.ere
ln1.tlat..d
bee.",...
01
the
volunt.ary .~t.J.on by
TRAPEWIMDS. .t.
it.. .xp.n.e,
1n r.a11gn1ng
the South.~.t Eight.h
Str..t
:right.-ol-vay
e1tort
accolftWlOdat.
adjoining
1n
an
to
property own.rs within ~h.
Lel.ureVl11e co~~unlty
1n
nort.hweSt. corner
01 t.lu.
P.U.D. wh10h led to
,-------
.d~lt1oMl .Vp-R.. .nd l08.-.-e&- \l..tlle l-aftd-t an'a
7 WHEREAS
~i8cussed the
f\ ~ efT E,
r propo8eod 3.S
Boulevard.
City Staft and TRADEWIBOS repr.een~.tlv" .1ao
usage o~ acreage lying nort.h o~ and adjaCent \0 \he
acre perk .it. and ~rontlno on Boynt.on 8eeon
It ya. proposed during ~h.8. discussion. ~y Clt.y
St.11 that. C-2 co...rolal us. On the two (2) aor.. front.1ng on
Boynton 8e.ch Boulevard 18 consi.tent with good planning in t.hat
ar.. 1n light of other properties 1n the 1~..di.t. are. whioh are
a180 zoned C-2.
Furtber, i1, in fact, a rezoning to C-2
commercial vere .pproved,
v1l1 construct
then
TRAOEWINDS
i_proveftenta on the reaaln1ng on&-h.l~ (.5) acre o~ the ent1re
81x aore 8it.. which .1ght pos.ibly include 8 shell building 101"
the Dick Weber Child Abuee PrograM 8. vell .. a 408 square foot
meet1no area within the prop08~d child abuse center .tructure lor
~EP-17-9Q MCN 17:~7 LAW CFFECE
P."'"
us. by the City 'arke O.part-.nt. Further, 1ft th... discus.ion.,
TRADEWINDS oft.r.d to stub out utility linea to th. proposed 3.5
acr. City park .r~a at tb. t1.e 01 d&Y.lop..n~ 01 the north_rn
2.5 ecr..J end
1l)':~L f.\ \2 WHEREAS it v.. further di8CU...d b.t1t...n City Sta:ff and
TRADEWIMDS repre..ntet1v.. that in th.. .v.nt tb. C-2 co..ero!.l
zoning ye. not Qrant.d on th. north.rn tyO ac~e. fronting OD
Boynton 8eaoh Boulevard then. at. a1ni.u_. TRADEVIHDS would b.
entitled to the r..idIPntial d.naity underlying the ent1r. .1x
acre. wbioh equated to . total 01 4S reaidenlial unite whicb
could tben b. .it.d on the north.rly 2.S acr...
Furt.b.r, and in
th. .v.n~ that r..id.ntial unite V9r. built on th. 2.5 acr..
north 01 the park sit.. the 400 square ~e.t of ~.ting roo. ~or
-th. P.rk.
D.~r~..n~ ~auld
h. bvil~ in eonjY~c~~on .i~h
1.prove..n~. to ~b. r.a1d.n~1a~ prop.r~y and no~ .pee~~iQa117 ~o
~h. Dick Weber b~ildine, which would ~hen need ~o b. con.~ruo~ed
.l..vh.~. ~n ~h. City, and
WHERBAS the foregoing disous.1on. pr..en~.d -to the City
Planning and Zon1ng Board at ~helr .eeting on May 8, 199.. The
City Planning end Zoning Board pae.ed a Motion by a vo~. 01 ~-~
no~ on~y th.~ the ...~er p~.n .11.1na~~ng per~ er... th.r.~ro. in
.~ch.ng. lor the 3.5 .cre o~~-.it. prop088l be approved, bu~ .leo
that ~h. c..h ~ulv.len~ ~or ~h. .ddi~ion.l one aere o~ park.
o~f-.it. could be provided by publ1Q 1.prov...nt. of equal value
in ~h. vio1ntty of the proposed neiyhborhood park wh~eh i. to be
ded1cat.d. A 81.11ar .o~1on ... 8pprov~ by the City Council at
~h.tr ...t1ng on Bay 1~, 19~e.
~_P-l?-98 MON 1?:~? LQW OFFICE
P.8S
NOVt THEREFORE, in eon.tde;t-.tion 01 t.h.. tOTC"go1ng ...clt.al.
and cth_r good and valuabl. consideration, t.he receipt o~ which
t. her.by acknovledg.d by th. pert1es heret.o, it is bereby agreed
.. 1'ollg".J
1.
TKADEWINDS mhall
dedicat.e
to
t.n.
CITY by
.'
appropriate inetru..nt. ..t.18Zactory to the City Att.orn.y 3.~
acr.., a. generally described on Exbiblt A att.ach.d hereto, ~ree
and clear o~ all lien. and encu.branc.., tor u.. a. . CITY park
and in part.lal 8atlstaotlon ot t.he WOOlbr1ght Place P.u.O. Park
Lend ved1catlon Requ1rement.s pursuant t.o t.he Cit.y'S ParK Land
Vedicat.ion Ordln.nc..
2.
At. t.he
t.i..
of
d.velop.ent
of TRAPEWINDS
addit10nal land. lying north 01 and adj.cen~ to the 3.5 acre
dedication Ca8 de80ribed in
Exhibit
B
attached hereto),
TRADEWINDS shall con.truet utility lin.. to the border of the 3.~
acr. perk .it. for uae by the CITY in d.veloplng the park.
3.
TRADEWINDS agr... to
con.truct
oth.r public
i.prov...nte .. tOllow.,
a. In th. .v.nt C-2 zoning il_.~Q~g~~~ by CITY
on the no~th.~n.o.t two (2) acr..,
then TRADEVINDS sh.ll
construct. _hell building an the r..alnlng one-half (.S) acre of
the elx (6) acre .it., which shall hov.. a public tac1l1tyCi..)
.uen.. the Dick 'Veb.r Child Ab~s. Center and shall include 400
square feet for the CITY'. use e. bathroo.. tor the park or a
Me.ting roo. Lor use by CITY residents.
b. In the event th. C~2 zoning !~_ng1_.~~[2~C~
by the CITY, then tRADtWINDS shall have the .ale use oL the
~_p-17-9a MON 17~~Q ~AW OFFICE
p.a...
no~th.rn.o.~ tvo
and On..hal~ (2.5) acr.. tor r..ldential
purpose.. In .ueh .VRnt, TRADEWIHDS agr~.. to construct . publiC
rec1l1ty{le., ~or ~h. CITY at so.. location Coth.r than the two
and on.-h.l~ (2,~) acree) to be d.ter.ined by the CITY.
e. It. 1. expJ'oCi'e.ly agreed and understood t.hat
the public ~.eillty(le8) to be construct.d'ehall not .xceed the
equival.nt value of one (1) acre ot park land within the P.U.D.,
which ahall include TRADEWIHDS .~p.n.. in realigning S.W. 8th
Str..t at the northw..t corner 01 the P.U.D. for the ben.tit of
the adjoining Ll'leurevill.. pr'opet"ty owners and the public.
4.
Th.
City
51.a1'l,
i tiC 1 u di _n9.2_1..~oJ'&~~.~!,jb..,..o. ZO~~~9.~.~n_
Public Safety, City Manag.r
---- ~ ...----
Engineerlng, P~uk. and Rect"eation,
and the C1ty Attorney, agree to reco.~end approval of the CM2
._>'" -_.~..~.._'-.'.~"--... "~'---~._-'--...~'~-=._.----~----- ,-~-- - ~~
%on1ng use fot tb. ~wo (2) acr.. nor~h 01 th. 3.5 acre park .i~
fronting on Boynton Beach Boulevard Yhich 18 owned by TRADEWINDS.
TRADEWINDS shall be reQuired to sub_it an appropriate application
for the C-2 us. which meets all relevant requirE~ent. 01'
app11cabl. City ordinanees and proceed through the norMal public
h..ring proceaa.
Fur~h.rp ~hi. agr...ent .hall ~o~ oblioat. ~h.
City Planning and Zehing Bo.rd Andler th. City Co.misaion to
approv. ~h. application. In ~h. .v.nt an .pplica~ion ~or C-2
~on1ng 18 not approuod by ~b. CITY .~ter proporl~ advertie.d
Public H.arin~. ,then it i. clearly und~r.tQod and agreed that
TAAD~WINDS _hall bo .ntttlod ~o tho 1~11 r..id9ntial d.n81~y o~
the .ntire .1~ aor.. ~or r..ident1al d.volopMent pu~po~.. on tho
reMaining 2.5 acr.. ~ollovin9 TRAO~WINDS d~dig.tion o~ 3.5 agroe
~o ~b. CITY ~or _ p.~k. 1~ ~e lur~~.r agreed ~h8~ the ent~r. 45
~-z/~
Y:0~
~'CP-17-9a MON 17:~Q L~W OFFEC~
P.Q7
unite. in .vch ev.nt. can b. .1~ed O~ ~h. northern 2.~ .or~..
Furth.r,
in such .v.nt it ia agr..d ~hat ~h. only public
1_provement. which tradpwinde vil1 b. obli~.t.d ~o pl.c. on ~h.
2.S Bcr.. viiI b8 ~h. 400 .quar. ~oo~ ...t1ng roo. or bathroo.g
to be utili2.d in cORjunc~ion vi~h ~h. 3.~ aore park.
~.
IN WITNESS W~ERgOV, th1. Agr..m.n~ hee b..n d~ly
.~.eut.d and deli.ered by tho p.r~i.. h.r.to on th. det..
h.r..I~.r indicated.
--~--------------------------
CITY OF 80YHTOW 8~ACH
-----------------~~-~-~------
8V,
----~----------~---------
----------------------~-~-~-
TRADEWIHDS Oey~lopmen~ Corp_
-~~--~---~--~---------------
BYa~~-____--------~--~-----.
/ ( - I / I i- I; I;" I ; .; I I J-
/o//~/)
AGREEMENT
THIS AGREEMENT made this l7th day of October ,1990,
by and between THE CITY OF BOYNTON BEACH, FLORIDA (hereinafter
referred to as "CITY") and Tradewinds Development corporation
(hereinafter referred to as "TRADEWINDS").
WHEREAS, TRADEWINDS has heretofore submi tted to the CITY
for approval, a preliminary Plat of the Woolbright Place PUD
(hereinafter "Plat") pursuant to Appendix C, Article VIII,
Section 5, and
WHEREAS, TRADEWINDS and the CITY have processed the
preliminary Plat before the Technical Review Board, Planning &
Zoning Board and city commission in accordance with the
requirements of Appendix C, and
WHEREAS, the Planning & Zoning Board of the CITY at its
September 17, 1990, Special Meeting conditionally approved the
preliminary Plat and made its recommendations to the City
Commission, and
WHEREAS, the City commission conditionally approved the
preliminary Plat subject to an Agreement in writing being reached
between TRADEWINDS and the CITY regarding the park and recreation
areas required for the development of the property which is the
subject of the Plat, and
Page 1 of 7
WHEREAS, Appendix C, Article IX, section 8 requires the
dedication of park or recreational facilities as a condition of
preliminary Plat approval, and
WHEREAS, Appendix C, Article IX, section 8G requires an
Agreement, in writing, by TRADEWINDS with respect to the
dedication of lands, the payment of fees in I ieu thereof, or
both, at the option of the CITY, and
WHEREAS, it is the objective of the CITY and TRADEWINDS to
create a legally binding Agreement which not only sets forth the
rights and duties of TRADEWINDS and THE CITY with respect to the
park and recreational areas, but which also constitutes the
wri ting required of TRADEWINDS pursuant to Appendix C, Article
IX, section 8G.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS
AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH
IS HEREBY ACKNOWLEDGED BY THE PARTIES HERETO, IT IS HEREBY AGREED
AS FOLLOWS:
1. The CITY agrees to accept a combination of land,
located outside the boundaries of the Plat, and fees in the form
of actually constructed improvements to a proposed CITY Park in
satisfaction of TRADEWINDS obligation to provide land for park or
recreational purposes within the boundaries of the Plat.
2. The CITY and TRADEWINDS agree that the fair market
value of one acre of land within the boundaries of the Plat is
$75,000.00.
Page 2 of 7
3. TRADEWINDS shall convey to the CITY by Special Warranty
Deed and such other collateral instruments as are determined by
the City Attorney to be necessary, 3.5 acres of land, the legal
description of which is set forth on Exhibit "A" and attached
hereto. Said conveyance shall be free and clear of all liens and
encumbrances and shall constitute partial satisfaction of the
Woolbright Place PUD Parkland dedication requirements pursuant to
Appendix C of the Code of Ordinances.
4. In addition to the foregoing, TRADEWINDS shall, solely
at the option of the CITY:
A. Pay to the CITY the fair market value of one acre
of land which would otherwise be required to be dedicated
pursuant to the formula prescribed in Appendix C, Article IX,
Section 8B4, or
B. Provide Actual Constructed Improvements
(hereinafter "Improvements) to the proposed park to be located on
the three and one-half (3.5) acres heretofore described. The
Improvements shall be in accordance with a design plan generated
by the CITY. In conjunction with the development of a design
plan for improvement of the proposed park site, the CITY shall
prepare a detailed estimate of projected costs for each element
of the improvement. The CITY shall designate those elements of
the design plan which TRADEWINDS shall be responsible for
construction, provided that the total elements designated for
improvement by TRADEWINDS shall not exceed the agreed upon fair
Page 3 of 7
market value as set forth in paragraph 2 of this Agreement. All
construction improvements which become the responsibility of
TRADEWINDS shall be completed in accordance with the construction
schedule prepared by the CITY. In the event the CITY fails to
generate park development plans wi thin three (3) years of the
date of this Agreement TRADEWINDS shall pay to the CITY Sixty
Thousand Dollars ($60,000.00) in full satisfaction of any cash
payment to the CITY required in lieu of land dedication.
C. The parties specifically agree that Tradewinds
shall have the right to construct an additional 16 units within
the Woolbright PUD, thereby bringing the total buildable units
within the PUD to 656. TRADEWINDS agrees to limit to a total of
16, the units to be constructed specifically in the northeasterly
portion of the property. The area is generally described as "The
Tail" . A legal description of that portion of the property is
attached as Exhibit X. To the extent that this provision of this
agreement conflict with, or expand the rights and duties of the
parties as set forth in the Stipulation and Settlement Agreement
and the Final Judgment in case number CL-86-3631-AE, the parties
agree to jointly submit a Motion to amend the Final Judgment.
5. The parties recognize and agree that there are other
provisions of Appendix C, yet unfulfilled which constitute
conditions precedent to final Plat approval, site plan approval,
and TRADEWINDS development rights with respect to the property.
The conditions are as follows:
Page 4 of 7
A. TRADEWINDS shall, prior to and in conjunction with
site plan approval for the residential site, establish the
existence of the criteria set forth in Appendix C, Article IX,
section 8F for entitlement to the fifty (50%) percent credit for
private open space.
B. The Commission must find that the standards which
entitled TRADEWINDS to credit for private open space pursuant to
Appendix C, Article IX, Section 8 have been met.
C. In the event that TRADEWINDS fails to establish
the existence of the criteria set forth in Appendix C, Article
IX, Section 8F or if the City Commission fails to find that such
criteria have been established and that it is in the public
interest to provide TRADEWINDS with the fifty (50%) percent
credit, based upon the grounds set forth in the Code, then, in
that event, that portion of the Surety Bond which equates to the
value of four and one-hal f (4.5) acres of property shall be
subject to forfeiture to the CITY.
D. TRADEWINDS shall furnish to the CITY a Surety or
Performance Bond in an amount equal to one hundred ten (110%)
percent of the total costs of (1) surveying, and (2)
construction for the installation and completion of all required
improvements including sidewalks as set forth in Appendix C,
Article 8, Section 7 of the Code of Ordinances.
The Bond shall include, but shall not be limited to,
the fair market value of the one acre as set forth in paragraph 2
Page 5 of 7
of this Agreement, and the cost of all other required
improvements pursuant to Appendix C of the Code.
The Bond shall not initially include the estimated
value of the five basic elements of parks and recreation
improvements within the parameters of the Plat. The value of
such improvements shall be established in conjunction with, and
as a condition of site plan approval. At such time as the actual
park and recreation improvements are determined a final value for
the improvements shall be made and the Bond shall be adjusted
accordingly.
The Bond or Bonds required by this Agreement or by
Appendix C of the Code shall not be released, reduced, or
extinguished without the prior written consent of the CITY
following City Commission action.
E. A determination by the staff of the CITY
administration that the 3.5 acres described on Exhibit "A" to
this Agreement are suitable for future park development by the
CITY without the necessity of expenditures for site development.
F. A determination by the City commission when
development of the park or recreational facilities described
herein shall be commenced.
6. The parties agree that nothing contained herein shall
constitute a waiver by the CITY in favor of TRADEWINDS of any of
the procedural requirements for preliminary or final Plat
approval, nor shall this Agreement constitute or create any
Page 6 of 7
additional conditions on TRADEWINDS to obtain preliminary or
final Plat approval.
7. The final Plat shall contain a notation which makes
reference to this Agreement and this Agreement shall be recorded
in the Public Records of Palm Beach County.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the date indicated below.
DATED:
f-o
DATED: t1h/27~ /7/99G)
/'
CORP.
MAYOR
THE
TON BEACH
By:
President
(corporate seal)
ATTES~lf~A;'~ 9?t ~ />" >
. ITY CLERK
(City Seal)
By:
APPROVED AS
a:2
BOYNTON
10/17/90
Page 7 of 7
f~
~v{)C L t3 R+c' ItT t'L A,C C: r LA 0
, j (Jo ( L( /tC: j1/ T S
',0, /t".
L PI<A fT J
may be subsequently designated by the Board of Directors. The
initial registered office is at the above address and the ini~: 11
registered agent therein is David Levy.
IN WITNESS WHEREOF, the
signature this ~ day of
STATE OF FLORIDA )
, SS:
COUNTY OF PALM BEACH)
affixed his
instr~mentJ!~~ acknowledged before me this I~
, 19'-f\.) by David Levy. ...'
- ~~. . GJ ,o::fL" ~;,;~\
-"" ~
Notary Pu lC ~_:-. ':' -,...", ~
.. State of Florida ~:--: ':
My Commission Expires...-../;..... : 2
::. ......~. .;"'-'"", .... ""'" ~
NotarvPubJic,Sta'eofflorida \,"-;"':., -. -.,.":-.;-;-
My Commission bpves Feb. 25, 1993 """ /,"': ',~, '.: .:.......
_ IoAdllllOUIlI.o'fClia.lA6",Q..... _ ......___~.,~_-~_...
day ~~e fA~~
The undersigned hereby
Agent.
..
",
ointment as Registered
6
Section 2. In case of any conflict between the Articles of
Incorporation and these Bylaws, the Articles shall control; and
in the case of any conflict between the Oeclaration and these
Bylaws, the said Declaration shall control.
* * * * *
I hereby certify that the foregoing Bylaws of the above-named
corporation were duly adopted by the Board of Directors-s of said
association in a me~ng held for su urpose on this I day of
r::vc;,OS, , 1 .
Secretary
11
CGB/hh
12/06/89
105-7188-2
ARTICLES OF INCORPORATION
OF
WOOLBRIGHT PLACE MASTER ASSOCIATION, INC.
(A Florida Corporation Not-For-Profit)
The undersigned by these Articles, associate themselves for
the purpose of forming a corporation not-for-profit under Chapter
617, Florida Statutes and certify as follows:
Article 1
Name
The name of the corporation shall be Woolbright Place Master
Association, Inc. For convenience, the corporation shall be
referred to in this instrument as the "Association."
Article 2
Purposes
A. The purposes for which the Association is organized are:
(i) to be and consti tute the Association to which
reference is made in the Declaration of Restrictions and Protec-
tive Covenants for Woolbright Place, recorded on or to be
recorded in the Official Records of Palm Beach County, Florida,
as ~mended (hereinafter the "Declaration"), establishing a Master
Land Use Plan which is part of the Public Records Palm Beach
County, Florida as amended from time to time to perform all obli-
gations and duties of the Association and to exercise all rights
and powers of the Association, as specified therein in the By-
Laws, and as provided by law: and
(ii) , to provide an enti ty for the furtherance of the
interests of the owners in the development.
B. The Association shall make no distributions of income to
its members, directors or officers.
C. All terms used herein which are not defined shall, have
the same meaning provided in the Declaration.
_.._..._._---_._-,....--_.__..._,_._.~--~--~-
Article 3
Powers
The powers of the Association shall include and be governed
by the following provisions:
A. The Association shall have all of the common law and
statutory powers of a corporation not-for-profit which are not in
conflict wi th the terms of these Articles, the Declaration and
the By-Laws of this Association.
B. The Association shall have all of the powers necessary
or desirable to perform the obligations and duties and to exer-
cise the rights and powers set out in these Articles, the By-Laws
or the Declaration including, without limitation the following:
(i) to fix and to' collect assessments or other
charges to be levied against the Lots;
(ii) to manage control, operate, maintain repair and
improve property subjected to the Declaration or any other prop-
erty for which the Association by rule, .,regulation, Declaration
or contract has a right or duty to provide such services;
(iii) to enforce covenants, conditions or restrictions
affecting any property to the extent the Association may be auth-
orized to do so under any Declaration or By-Laws:
(iv) to engage in a~tivities which will actively fos-
ter promote and advance the common interests of all owners;
(v) to buy or otherwise acquire sel1 or otherwise
dispose of, mortgage or otherwise encumber, exchange, lease,
hold, use, operate and otherwise deal in and with real, personal
and mixed property of all kinds and any right or interest therein
for any purpose of the Association;
(vi) to borrow money for any purpose as may be limited
in the By-Laws;
(vii) to enter into, make, perform or enforce contracts
of every kind and description and to do all other acts necessary,
appropriated or advisable in carrying out any purpose of the
Association, with or in association with any other association,
corporation or other entity or agency, public or private;
(viii) to act as agent, trustee or other representative
of other corporations, firms or individuals, and as such to
2
advance the business or ownership interests in such corporations,
firms or individuals;
(ix) to adopt, alter and amend or repeal such By-Laws
as may be necessary or desirable for the proper management of the
affairs of the Association; provided, however, such By-Laws may
not be inconsistent wi th or contrary to any provisions of the
Declaration; and
(x) to provide any and all supplemental municipal
services as may be necessary or proper.
(xi) The foregoing enumeration of powers shall not
limit or restrict in any manner the exercise of other and further
rights and powers which may now or hereafter be allowed or per-
mitted by law; and the powers specified in each of the paragraphs
of this Article 3 are independent powers, not to be restricted by
reference to or inference' from the terms of any other paragraph
or provision of Article 3.
Article 4
Members
A. The Association shall be a membership corporation with-
out certificates or shares of stock.
B. The owner of each Lot subject to the Declaration shall
be a member of the Association and there is one vote assigned per
Lot as set forth in the Declaration except there shall be no vote
for any Lot owned by the Association. The manner of exercising
voting rights shall be determined by the Declaration and By-Laws
of the Association.
C. Change of membership in the Association shall be estab-
lished by recording in the Public Records of Palm Beach County,
Florida, a deed or other instrument establishing record title to
a Lot subject to the Declaration and written notice to the Asso-
ciation of such change in title. The owner designated by such
instrument thus becomes a member of the Association and the mem-
bership of the prior owner is terminated.
D. The share of a member in the funds and assets of the
Association cannot be assigned, hypothecated or transferred in
any manner except as an appurtenances of his Lot.
3
Article 5
Term
The Association shall be of perpetual duration.
Article 6
Directors
A. The affairs of the Association shall be conducted man-
aged and controlled by a Board of Directors. The initial Board
of Directors shall consist of three (3) directors.
B. The names and addresses of the members of the initial
Board of Directors, who shall hold office until their successors
are elected and have qualified or until removed are as follows:
NAME
ADDRESS
Howard Scharlin
902 Clint Moore Road
.. Congress Corporate Plaza
Boca Raton, Florida 33487
Mike Morton
902 Clint Moore Road
Congress Corporate Plaza
Boca Raton, Florida 33487
David Levy
902 Clint Moore Road
Congress Corporate Plaza
Boca Raton, Florida 33487
C. The method of election and term of office removal, and
filling of vacancies shall be as set forth in the By-Laws. The
Board may delegate such operating authority to such companies,
individuals and committees as it in its discretion, may deter-
mine.
Article 7
Officers
The affairs of the Association shall be administered by the
officers designated by the By-Laws. The officers shall be
elected by the Board of Directors at its first meeting following
the annual meeting of the Association and they shall serve as the
pleasure of the Board of Directors. The names and addresses of
the officers who shall serve until their successors are desig-
nated by the Board of Directors and their offices are as follows:
4
NAME
TITLE
ADDRESS
Howard Scharlin
President
902 Clint Moore Road
Congress Corporate Plaza
Boca Raton, Florida 33487
Mike Morton
Secretary
902 Clint Moore Road
Congress Corporate Plaza
Boca Raton, Florida 33487
David Levy
Treasurer
902 Clint Moore Road
Congress Corporate Plaza
Boca Raton, Florida 33487
Article 8
By-Laws
The By-Laws of the Association shall be adopted by the Board
of Directors and may be altered, amended or rescinded in the man-
ner provided by the By-Laws.
Article 9
Amendments
Amendments to the Articles of Incorporation may be proposed
and adopted as provided in Chapter 617 Florida Statutes provided
that no amendment may be in conflict with the Declaration and
provided further that no amendment shall be effective to impair
or dilute any rights of members that are governed by such Decla-
ration.
Article 10
Incorporator
The incorporator to these Articles is David Levy, whose
address is 902 Clint Moore Road, Congress Corporate Plaza, Boca
Raton, Florida 33487.
Article 11
Registered Agent and Office
The principal office of the Association shall be at 902 Clint
Moore Road, Congress Corporate Plaza, Boca Raton, Florida 33487,
or at such other place, within or without the State of Florida as
5
.. .
may be subsequently designated by the Board of Directors. The
initial registered office is at the above address and the initial
registered agent therein is David Levy.
IN WITNESS WHEREOF, the incorporator has hereunto affixed his
signature this ____ day of , 19
David Levy
STATE OF FLORIDA )
SS:
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this
day of , 19___ by David Levy.
Notary Public
.. State of Florida
My Commission Expires:
The undersigned hereby accepts appointment as Registered
Agent.
David Levy
6
--------
,
'",
"
JJW/hh
12/06/89
105-7188-1
DECLARATION OF RESTRICTIONS
AND PROTECTIVE COVENANTS
FOR WOOLBRIGHT PLACE
\
,
I
Prepared By and Return To:
James J. Wheeler, Esquire
Broad and Cassel
7777 Glades Road, Suite 300
Boca Raton, Florida '33434-4111
'..
~
I.
II.
III.
IV.
- TABLE OF CONTENTS -
DEFINITIONS.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assessments....................................
Association....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Common Areas..............o... .". · · · · · · · · · · . · · · · ·
Developer. . . . . . . . . . . . . . · · · . · · · · · · · · · · · · · · · · · · · ·
General Assessments............................
Institutional Lender...........................
Lot. . . . . . ... . . . . . . . . . . · · · · · · · · · · · · · · · · · · · · · · · · · ·
Owner or Member................................
properties. . . . . . . . . . . . . · . · · · · . · · 14 · · · · · · · · · · · · · ·
Special Assessment~........~.......~..........~
PROPERTY SUBJECT TO THIS DECLARATION;
ADDITIONS THERETO..............................
1.
2.
Legal Description..............................
Developer's Right to Add Additional
Property To or Withdraw ~roperty............
WOOLBRIGHT PLACE MASTER ASSOCIATION, INC................
1.
2.
3.
4.
5.
6.
7.
8.
Membership. . . . . . . . . . . . . . . . . · · . · · · · · · · · · .". · . . . · ·
Voting Rights....................... .,.... · .. .. ·
Merger or Consolidation........................
Termination of the Association.................
Conunon Areas........... \. · · · · · · · . . · · .' · . . · · · . · · · .
Lot Maintenance. '. . . . . . . '~ · · · · · · · · · · · · · · · · · · . · · · ·
Powers. . . . . . . . . . . . . · . . . · . . · · · . · · · · . · · · . · · · . · · · .
Rules and Regulations.
. . . . . . . . . . . . . . . . . . . . . . . . .
ARCHITECTURAL CONTROL........ - · . · · . · · . · . · . · · · . . .
1.
2.
3.
4.
5.
6.
. . . . . . . . .
Developer Architectural Control................
Architectural Control Board....................
Owner to Obtain Approval...
ACB I S Consent..................................
No Liability...................................
Remedy for Violations........................
. . . . . . . . . . . . . . . .
V.
ASSOCIATION -- COVENANT FOR MAINTENANCE ASSESSMENT....
1.
2.
Creation of the Lien and Personal
Obligation for the Assessments..
Purpose of Assessments............
. . . . . . . . .
. . . . . . . . . . .
Page
1
1
1
1
1
2
2
2
2
2
3
3
3
3
3
3
3
4
5
5
6
6
6
7
7
7
7
8
8
8
9
9
9
- \
VI.
VII.
3. Date of Commencement of General Assessments;
4.
5.
6.
7.
8.
9.
10.
11.
12.
Due Dates................
. . . . . . . . . . . . . . . . . . .
Special Assessments............................
Rese rves. . . . . . . . . . . . . . . . . · . . · . · · · · · · · . · · · · · · · · ·
Trust Funds....................................
Developer Payment of Assessment................
Working Capital Fund...........................
Roster; Notice; Certificate....~...............
Collection of Assessments; Effect of
Non-payment of Assessments; The Personal
Obligation of the Owner; The Lien;
Remedies of the Association.................
Subordination of the Lien to Mortgages.......~.
Exempt Property................................
10
10
11
11
11
11
12
12
13
14
EASEMENTS. . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14'
1. Members' Easements........... . . . . . . . . . . . . . . . . . . 14
2. Easements Appurtent........ . . . . . . . . . . . . . . . . . . . . 15
3. Utility Easements.......... . . . . . . . . . . . . . . . . . . . . 15
4. Public Easements........... . . . . . . . . . . . . . . . . . . . . 15
5. Easements of Encroachments.. . . . . . . . . . . . . . . . . . . . 16
6. Additional Easement......... . . . . . . . . . . . . . . . . . 16
7. Association Easement........ . . . . . . . . . . . . . . . . . 16
8. Construction Easement...... . . . . . . . . . . . . . . . . . . . . 17
GENERAL RESTRICTIVE COVENANTS.......
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
. . . . . . . . . . . . . . . . . . . .
Appl icabili ty. . . . . . . . . . .. . . . . . . . . . . . · . · . . . . . . . . .
Land Use............................... . . . . . .
Change in Buildings............................
Building Location.............................
Landscaping of Easements.....................
Nuisances. . . . . . . . . . . . . . . . . . . . · . . . . . · · . . . . ,. . . . . ·
Temporary Structures.........................
Signs............~..........
Oil and Mining Operations..
Animals and Pets...........
Visability at Intersections.............
Commercial Trucks, Trailers, Campers
and Boa t s. . . . . . . . . . . . . . . . . . . . . · . . .
Fences. . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .
. . . . . . . .
. . .
Garbage and Trash Disposal..............
Drying Areas............................
Gas Containers.......... ...............
Communication Equipment..... ...... ...
County Requirement...................
Ora i na 9 e. . . . . . . . . . . . . . . . . . . . . .
Lea sing. . . . . . . . . . . . . . . . . . . . . · . . . · . · · . · . .
. . . .
. . . . .
ii
17
17
17
17
18
18
18
19
19
19
19
20
. . .
20
20
20
21
21
21
21
21
22
. .
. . .
. . .
. . .
VIII.
IX.
, X.
XI.
INSURANCE AND CASUALTY
LOSSES...............
23
. . . . . . . . . . .
1. Insurance.................. . . . . . . . . . . . . . . . . . . . . 23
2. Individual Insurance....... . . . . . . . . . . . . . . . . . . . . 25
3. Disbursement of Proceeds... . . . . . . . . . . . . . . . . . . . . 25
4. Damage and Destruction..... . . . . . . . . . . . . . . . . . . . . 26
5. Repair and Reconstruction.. . . . . . . . . . . . . . . . . . . . . 26
DEVELOPER'S RIGHTS..........
27
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
1. Sales Activity................................. 27
2. Replatting...................................... 27
3. Utility and Construction Payments
and/or Deposits.............................. 27
4. Cable Television................,............... 27
5. Assignment of Developer Rights................. 28
6. Developer Approval of Board Action............. 28
MORTGAGEES'
28
RIGHTS..................
. . . . . . . . . . . . . . . . . . . .
1. Notices of Action......... ................... 28
2. No pr ior i ty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
3~ Notice to Association.......................... 29
4. Applicability of Article XI.................... 29
S. Failure of Mortgagee to Respond................ 29
GENERAL PROVISIONS....
29
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.
2.
3.
4.
5.
6.
7.
Duration................... ..................
No tic e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · ·
29
30
30
30
30
31
31
Enforcement.....................
Severability...........~.......................
.Amendmen t . . . . . . . . . . . . . . . .
Litigation.................................... .
Effective Date.............
. . . . . . . . . . . .
. . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .
iii
- TABLE OF EXHIBITS -
Exhibit
A - Property Subject to Declaration
B - Description of Common Areas
,
,
I
iv
DECLARATION OF RESTRICTIONS
AND PROTECTIVE COVENANTS
FOR WOOLBRIGHT PLACE
THIS DECLARATION is made this day of , 19__, by
HOWARD SCHARLIN, as Trustee, who declares that the real property
described in Article II, is and shall be held, transferred, sold,
conveyed and occupied subject to the covenants, restrictions,
easements, charges and liens (sometimes referred to as "covenants
and restrictions") set forth below.
The Association, as hereinafter defined, is not a condominium
association and therefore shall not be affected by the provisions
of Chapter 718, Florida Statutes. Further, the expressed intent
of this Declaration is that the substantitive rights hereunder
shall not be retroactively affected by legislation subsequent to
the date of execution.
ARTICLE I
DEFINITIONS
The following words when used in this Declaration (unless the
context shall prohibit) shall have the following meanings:
(a) "Assessments" - those payments due pursuant to Article
V, whether General or Special (as hereinafter defined),
or a combination thereof. \
\
(b) "Association" - WOOLBRIGHT PLACE MASTER ASSOCIATION,
INC., a Florida corporation not-for-profit, which is to
be incorporated.
(c) "Common Areas" - the real property legally described in
Exhibit "B" attached hereto and incorporated herein by
reference, and any other interest in real property
acquired by the Association and deemed Common Area
either in this Declaration or in the instrument of con-
veyance, together with any improvements on such tracts
inCluding without limitation all structures, recrea-
tional facilities, offstreet parking areas, private
streets, sidewalks, street lights, and entrance fea-
tures, but excluding any public utili ty installations
thereon.
(d)
"Developer" - HOWARD SCHARLIN,
cessors and assigns, if such
as Trustee, his suc-
successor or assignee
acquires the undeveloped portion of the Properties and
is designated as such by HOWARD SCHARLIN, as Trustee.
The Developer may make partial or multiple assignments
of his rights under this Declaration. All such
assignees shall be deemed to be the Developer as to
those rights which may have been assigned to them.
(e) "General 'Assessments" - Assessments levied to fund
expenses applicable to all Members of the Association.
(f) "Institutional Lender" - any person or entity (i) hold-
ing a mortgage encumbering a Lot, which (ii) in the
ordinary course of business makes purchases, guarantees
or insures mortgage loans, which (ii) is not owned or
controlled by the Owner of the Lot encumbered, and which
(iv) notifies the Association of same by written notice
sent, certified mail, return receipt requested, t~ the
Association's office. An Institutional Lender may
include, but is not limited to, a federal or state char-
tered bank or savings and loan association, an insurance
company, a real estate or mortgage investment trust, a
pension or profit sharing plan, a mortgage company; the
Government National Mortgage Association, the Federal
National Mortgage Association, the Federal Home Loan
Mortgage Corporation, an agency of the United States or
any other governmental authority, including the Veterans
Administration and the Federal Housing Administration of
the u.s. Department of Housing and Urban Development, or
any other similar type of lender generally recognized as
an institutional type lender. For definitional purposes
only, an Institutional Lender shall also mean the holder
of any mortgage executed by' or in favor of Developer,
whether or not such holder would otherwise be considered
an Institutional Lender.
(g)
"Lot" - any Lot and any improvements thereon
Properties and any Lot and any improvements
shown upon any resubdivision of any plat of the
ties or any portion thereof.
in the
thereon
Proper-
(h) "Owner" or "Member" - the record owner, whether one or
more persons or entities, of the fee simple title to any
Lot.
(i) "Properties" - all property and additions thereto (which
additional property mayor may not be contiguous to the
real property described in Article II herein), as is
subject to this Declaration or any Supplemental Declara-
tion under the provisions of Article II hereof.
2
(j) "Special Assessment" - Assessments levied in accordance
with Article V, Section 4 of this Declaration.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS THERETO
Section 1. Legal Descri~tion. The real property which is
and shall be held, transferre , sold, conveyed and occupied sub-
ject,to this Declaration is located in Palm Beach County, Florida
and is more particularly described in Exhibit "A" attached hereto
and made a part hereof.
Section 2. Developer's Right to Add Additional Property to
or Withdraw Property. Developer shall have the r ight, in its
. sole discretion, to add additional property (which mayor may not
be contiguous to the real property described in Section 1) to the
scheme of this Declaration. Developer shall also have the right
to withdraw property not previously conveyed to an Owner from the
scheme of this Declaration subject to the approval of Palm Beach
County. The addition or withdrawal by Developer shall not
require the consent or joinder of the Association, or any Owner
or mortgagee of any of the Properties. Upon addition of any prop-
erty to the scheme of this Declaration, the owners of such addi-
tional property shall be and become subject to this Declaration,
including assessment by the Association for their pro rata share
of the Association expenses. The addition of lands as aforesaid
shall be made and evidenced by filihg in the Public Records of
Palm Beach County, Florida, a supplemental declaration with
respect to the lands to be added.
:.
ARTICLE III
WOOLBRIGHT PLACE MASTER ASSOCIATION, INC.
Section 1. Membership. Every person or entity who is a
record owner of a fee or undivided fee interest in any Lot in the
Properties shall be a Member of the Association. Notwithstanding
anything to the contrary set forth in this Section 1, any such
person or entity who holds such interest merely as security for
the performance of an obligation shall not be a Member of the
Association.
Section 2. Voting Right.
classes of voting membership:
The Association shall have two
3
Class A Class A Members shall be all those Owners as
def ined in Section l, wi th the exception of the
Developer. Class A Members shall be enti tIed to
one vote for each Lot in which they hold the inter-
ests required for membership by Section 1. When
more than one person holds such interest or inter-
ests in any Lot, all such persons shall be Members,
and the vote for such Lot shall be exercised by one
such Member as specified in the Articles of Incor-
poration of the Association but in no event shall
more than one vote be cast with respect to any such
Lot.
Class B The Class B Member shall be the Developer. The
Class B Member shall be entitled to one vote for
each Lot in which it holds the interest required
for membership by Section I; provided, however,
that notwithstanding any provision to the contrary,
the Developer shall have the right to elect the
entire board of directors of the Association until
such time as Developer no longer holds the title to
any portion of the Properties, including Lots on
any additional property which may have been brought
under the provisions hereof by recorded supplemen-
tal declarations as set forth in Article II hereof.
Within 120 days after the date the Developer no longer holds
ti tle to any portion of the Properties, Developer shall call a
meeting, as provided in the Bylaws for Special Meetings, to
advise the membership of the termination of Class B status and to
provide for the turnover of control of the Board of Directors to
the Owners.
Section 3. Merger or Consolidation. Upon a merger or con-
solidation of ,any association referred to herein with any other
association, the Properties, rights and obligations of the Asso-
ciation may, by operation of law, be transferred to another sur-
viving or consolidated association or, alternatively, the Proper-
ties rights and obligations of another association may, by opera-
tion of law, be added to the Properties, rights and obligations
of any association as a surviving corporation pursuant to a mer-
ger. The surviving or consolidated association may administer
the covenants and restrictions established by this Declaration
wi thin the Properties together wi th the covenants and restr ic-
tions established upon any other property as one scheme. No such
merger or consolidation, however, shall effect any revocation,
change or addition to the covenants established by this Declara-
tion.
4
Section 4. Termination of the Association. In the event of
dissolution of the Association, for whatever reason other than
merger or consolidation as provided for herein, any Owner may
petition the Circuit Court of the Fifteenth Judicial Circuit of
the State of Florida for the appointment of a Receiver to manage
the affairs of the Association and to make such provisions as may
be necessary for the continued management of the affairs of the
dissolved Association, the properties and Common Areas.
Section 5. Common Areas.
A. Ownership. Developer may retain legal title to the
Common Areas so long as it owns fee simple title to at least one
Lot in the Properties. within 120 days after the conveyance by
the Developer of the last Lot which it owns in the properties (or
sooner at the Developer's option), the Developer or its succes-
sors and assigns shall convey and transfer the record fee simple
title to the Common Areas to the Association and the Association
shall accept such conveyance, subject to taxes for the year of
conveyance and to restrictions, limitations, conditions, reserva-
tions and easements of record.
B. Maintenance. Commencing with the date this Declara-
tion is recorded, the Association shall be responsible for the
maintenance of the Common Areas and any improvements or personal
property in a continuous and satisfactory manner and for the
payment of taxes assessed against the Common Areas, if any, and
any improvements and any personal property thereon accruing from
and after the date these covenants are recorded. Taxes, if any,
shall be prorated between Developer and the Association as of the
date of such recordation. The Association shall at all times
maintain in good repair, and shall replace as scheduled any and
all improvements situated on the Common Areas (upon completion of
construction by Developer), including, but not limited to, all
recreational facilities, landscaping, paving, drainage struc-
tures, street lighting fixtures, television and radio antennae
and cable for common use, signs, irrigation systems, sidewalks,
and other structures, except public utilities, all such work to
be done as ordered by the Board of Directors of the Association
acting on a majority vote of the Board members. Maintenance of
the street lighting fixtures shall include the fixtures within
the Cornmon Areas and shall further extend to payment for elec-
tr ici ty consumed in the illumination of such lights. All work
pursuant to this Section and all expenses hereunder shall be paid
for by the Association through assessments as provided in this
Declaration. Such assessments shall be against all Lots equally~
provided, however, that the cost of any maintenance, repair or
replacement caused by the negligent conduct of a Member or by the
failure of a Member to comply with the lawfully adopted rules and
regulations of the Association shall be levied as a special
5
~. --,,"--,,-,--'~--"'--"---"--""-'-'---~--' "'""-'-"-~"--- .-. ..
assessment against such Member. No Owner may waive or otherwise
escape liability for the assessments for such maintenance by non-
use of the Common Areas or abandonment of his right to use the
Common Areas.
C. Developer's Right to Common Areas. Developer shall
have the right from time to time to enter upon the Common Areas
during periods of construction upon adjacent Properties and for
the purpose of construction of any facilities on the Common Areas
that Developer elects to build. Developer may grant easements to
Lot OWners adjacent to Common Areas for overhangs, protrusions
and encroachments of any portion of the improvements to a Lot
which are constructed by Developer. The Developer shall have the
right to dedicate the Common Areas or a portion thereof to any
governmental authority or utility company, or to grant an ease-
ment over the Common Areas in favor of any governmental authority
or utility company, without requiring the joinder or consent of
any other OWner or mortgagee holding a mortgage on any Lot. See
,Article IX herein for additional Developer rights regarding the
Common Areas.
D. Street Lighting. The Association shall have the
obligation for maintenance of any street lighting facilities from
the date of recording this Declaration or from the date of in-
stallation of the street lighting, whichever occurs first. Main-
tenance of the street lighting fixtures shall include the fix-
tures within the Common Areas and shall further extend to payment
for electricity consumed in the illumination of su~h lights. In
the event the Developer, in its sole discretion, . elects to in-
stall such street lighting, Developer shall be entitled to all
rebates or refunds of the installat~on charges and the Associa-
tion hereby assigns such rebates or refunds to Developer and the
Association shall forthwith pay same to the Developer.
Section 6. Lot Maintenance. All Lots and all improvements
thereon shall be maintained by the Owner(s) thereof.
Section 7. Powers. In addition to the powers provided in
its Articles of Incorporation, the Association, through the
action of its board of directors, shall have the power, but not
the obligation, to acquire, by purchase, lease or otherwise, one
or more dwelling units for occupancy by its employees or indepen-
dent contractors, and to enter into an agreement or agreements
from time to time with one or more person, firms or corporations
for management services.
Section 8. Rules and Regulations. The Association, through
its board of directors, may make and enforce reasonable rules and
regulations governing the use of the Properties, which rules and
regulations shall be consistent with the rights and duties estab-
6
lished by this Declaration. Sanctions may include reasonable
monetary fines, which shall be levied as a Special Assessments as
provided in this Declaration, and suspension of the right to vote
and the right to use the recreational facilities. The Board
shall, in addition, have the power to seek relief in any court
for violations or to abate nuisances. Imposition of sanctions
shall be as provided in the Bylaws of the Association. In addi-
tion, the Association, through the Board, may, by contract or
other agreement, enforce court ordinances or permi t Palm Beach
County to enforce ordinances on the properties for the benefit of
the Association and its Members.
ARTICLE IV
ARCHITECTURAL CONTROL
Section 1. Developer Architectural Control. For so long as
the Developer owns any portion of the Properties, the Developer
shall have all powers of the Architectural Control Board as here-
inafter set forth.
Section 2. Architectural Control Board. At such time as the
Developer no 10nger owns any portion of the Properties, the
Architectural Control Board ("ACB") shall become a standing com-
mittee of the Association. The Architectural Control Board shall
have the power to promulgate such rules and regulations as it
deems necessary to carry out the provisions and intent of this
Section and other provisions of this Declaration. The Board
shall consist of three members and such members shall be desig-
nated by the Directors of the Association. In the event of
death, disability or resignation of any member of the Board, the
remaining members shall have full authority to designate a suc-
cessor. The members of the Board need not be members of the
Association and shall not be entitled to any compensation for
services performed pursuant to this Section. A majority of the
Board may take any action the Board is empowered to take, may
designate a representative to act for the Board, and may employ
personnel and consultants to act for it.
Section 3. Owner to Obtain Approval. No Owner shal1 make,
install, place, or remove any building, fence, screen enclosure,
porch, wall, patio area, pool, spa, landscaping or any other
alteration, addition, improvement, or change of any kind or
nature to, in or upon any portion of the Common Areas or the
Owner's Lot, unless the Owner first obtains the written approval
of the ACB to do same, except that such approval shall not be
required for any maintenance or repair which does not result in a
material change in any improvement including the color of same.
7
Section 4. ACB' s Consent. Any request by an Owner for
approval by the ACB to any addition, alteration, improvement, or
change shall be in writing and shall be accompanied by plans and
specifications or other details as the ACB may deem reasonably
necessary in connection with its determination as to whether or
not it will approve same. Approval of any request shall not be
unreasonably withheld, and shall not be withheld in a discrim-
inatory manner or in a manner which unreasonably prohibi ts the
reasonable development of any Lot but may be wi thheld due to
aesthetic considerations. Notwithstanding the foregoing, the ACB
may withhold approval for upgraded landscaping to be installed by
an Owner within that portion of his Lot to be maintained by the
ACB solely due to maintenance and related considerations, and the
ACB may withhold approval for construction of ,swimming pools due
to nuisance and related considerations (such as the likelihood of
interference with other residents of the Properties during con-
struction). The ACB shall notify the Owner of its approval or
disapproval by written notice within thirty (30) days after
request for such consent is made in writing to the ACB, and in
the event the ACB fails to disapprove any request wi thin such
thirty (30) day period, the consent shall be deemed approved and
upon request the ACB shall give written notice of such
approval. In consenting to any plans or specifications, the ACB
may condition such consent upon changes being made. If the ACB
consents to any plan and specifications, the Owner may proceed to
make the alteration, addition, improvement, or change in strict
conformance with the plans and specifications approved by the
ACB, and subject to any conditions of the ACB's approval.
Section 5. No Liability. The ACB or the Developer shall not
be liable to any Owner in connection with the approval or dis-
approval of any alteration, addition, improvement, or change.
Furthermore, any approval of any plans or specifications by the
ACB or the Developer shall not be deemed to be a determination
that,. such plans or specifications are complete or do not contain
defects, or in fact meet any standards, guidelines and/or cri-
teria of the ACB or the Developer, or are in fact architecturally
or aesthetically appropriate, or comply with any applicable gov-
ernmental requirements, and the ACB or the Developer shall not be
liable for any deficiency, or any injury resulting from any
deficiency, in such plans and specifications.
Section 6. Remedy for Violations. In the event this section
is violated in that any alteration, addition, improvement, or
change is made without first obtaining the approval of the ACB or
the Developer, as the case may be, or is not made in strict con-
formance with any approval granted by the ACB or the Developer,
the ACB or the Developer shall specifically have the right to
demand that an Owner stop, remove and/or alter any alteration,
8
addition, improvement or change in a manner which complies with
the requirements of the ACB or the Developer, and the ACB or the
Developer may pursue injunctive relief or any other legal or
equitable remedy available to the ACB or the Developer in order
to accomplish such purposes. Any action to enforce this Section
must be commenced within one (1) year after the date of the vio-
lation. The foregoing shall be in addition to any other remedy
set forth herein for violations of this Declaration.
ARTICLE V
ASSOCIATION--
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation for
the Assessments. The Developer, for each Lot owned by it within
the Properties, hereby covenants, and each Owner of any Lot, by
acceptance of a deed therefor, whether or not it shall be so ex-
pressed in any such deed or other conveyance, shall be deemed to
covenant and agree to pay to the Association annual, General
Assessments for general expenses as outlined in Section 2 hereof,
and Special Assessments as provided in Section 4 hereof, such
assessments to be fixed, established and collected from time to
time as hereinafter provided. The General and Special Assess-
ments, together with such interest thereon and costs of collec-
tion thereof as hereinafter provided, shall be a charge on the
Lot and shall be a continuing lien upon the Lot against which
such Assessment is made and shall also be the personal obligation
of the person who was the Owner of such Lot at the time when the
Assessment fell due. Assessments as to any Lot not containing an
improvement shall be twenty-five percent (25%) of the Assessments
for a Lot containing an improvement and, except for the fore-
going, the Assessments assessed against each Lot shall be equal.
The full Assessment as to each Lot upon which an improvement is
constructed shall commence on the first day of the full calendar
month after a certificate of occupancy for the improvement is
issued, or upon the conveyance of the Lot by the Developer or
upon the first occupancy of the improvement, whichever occurs
first. The lien rights provided herein shall not apply to any
portion of the Properties owned by the Developer.
Section 2. Purpose of Assessments. The General Assessments
levied by the Association shall be used exclusively for the gene-
ral expenses of the Association. General expenses are any and
all charges for the maintenance of the Common Areas and exterior
maintenance (except that specifical1y requested by an Owner) as
provided in Article III, and expenses related with operating the
Association for the Members of the Association and their families
9
residing with them, and their guests and tenants, including, but
not limited to: (1) expenses of administration, maintenance,
repair or replacement of the Common Areas; (2) reasonable
reserves deemed necessary by the Board of Directors for repair,
replacement or addition to the Common Area; and, expenses agreed
upon as general expenses by the Association. The Developer shall
establish the ini tial budget, which shall be based on a fully
developed community. By a majority vote of the Board of Direc-
tors, the Board shall adopt an annual budget for the subsequent
fiscal year which shall provide for allocation of expenses in
such a manner that the obligations imposed by this Declaration
will be met. In the event the community is not fully developed
at the time the budget is adopted by the Board, the Board may
nevertheless base the budget on a fully developed community. In
instances where the Developer or the Board ,base budgets on a
fully developed community when in fact the community is not so
developed, then the budget (and therefore the assessments) shall
be reduced by the amount allocated for incomplete amenities or
facilities.
Section 3. Date of Commencement of General Assessments; Due
Oates. The General Assessments shall commence on the first day
of the month next following the recordation of this Declara-
tion. Thereafter, the Board of Directors shall fix the date of
commencement and amount of the Assessment against each Lot at
least thi rty (30) days in advance of the commencement period.
The General Assessments shall be payable in advance in quarterly
installments, or as otherwise determined by the Board of Direc-
tors of the Association.
The amount of the General Assessment may be changed at any
time by the Board from that originally adopted or that which is
adopted in the future. The Assessment shall be for the calendar
year, but the amount of the General Assessment to be levied dur-
ing any per iod shorter than a full calendar year shall be in
proportion to the number of months remaining in such calendar
year.
Section 4. Special Assessments. A Special Assessment may be
levied against one or more Lots for the following purposes:
(a) special services to a specific unit or units which
services are requested by the Owner(s) thereof pursuant to Sec-
tion 6 of Article III.
(b) charges for expenses of the Association which are
not general expenses but which are attributable to a specific
unit or units and which are designated as a special charge.
10
(c) reimbursement for damages caused by an Owner,
Owners, their family members, guests, invitees or tenants.
Cd) capital improvements relating to the Common Area.
(e) late charges, user fees, fines and penalties.
(f) any other charge which is not a general expense.
Cg) any general expense, which exceeds the amount bud-
geted, or any emergency expense which exceeds the amount of any
reserves or other Association funds.
The Board of Directors shall fix the amount and due date of any
Special Assessment by resolution, which resolution shall also set
forth the Lot or Lots subject to such Assessment.
Section 5. Reserves. The budget may reflect reserve funds
for deferred maintenance and capital expenditures.
Section 6. Trust Funds. The portion of all General Assess-
ments collected by the Association as reserves for future
expenses, and the entire amount of all Special Assessments col-
lected for capital improvements shall be held by the Association
in trust for the owners of all Lots, as their interest may
appear.
Section 7. Developer Payment of Assessments. Notwithstand-
ing any provision that may be contained to the contrary in this
instrument, for so long as Developer is the owner of any Lot, the
Developer shall not be liable for Assessments against such Lot,
provided that Developer shall be responsible for all Association
expenses in excess of the Assessments received from other Owners
(such amounts received from other Owners shall include, but shall
not be limited to, working capital contributions paid by such
other Owner), and other income received by the Association. In
no event shall Developer be required to fund reserves allocated
to any Lot owned by the Developer. Developer may, at any time,
commence paying such Assessments as to all Lots that it owns and
thereby automatically terminate its obligation to fund deficits
in the operating expenses of the Association. In addition, the
Developer's obligation to fund deficits in the operating expenses
of the Association shall terminate at such time as the Developer
no longer owns any portion of the Properties. Developer's pay-
ment of Assessments may be by payment of funds, delivery of goods
or provision of services to the Association, or any combination
thereof.
Section 8. Working Capital Fund. Developer shall establish
a Working Capital Fund for the initial months of operation of the
11
Association, which shall be collected by the Developer from each
Lot purchaser at the time of conveyance of each Lot to such pur-
chaser in an amount equal to two (2) months of the annual assess-
ment for each Lot. Each Lot's share of the Working Capital Fund
shall be collected and transferred to the Association at the time
of closing of the sale of each Lot. Amounts paid into the fund
are not to be considered as advance payment of regular assess-
ments. Notwithstanding the foregoing, the Developer, for so long
as it controls the Board of Directors, shall have the right to
use the Working Capital Fund to pay for ordinary expenses of the
Association.
Section 9. Roster; Notice; Certificate. A roster of the
Lots and Assessments applicable thereto which shall be kept in
the office of the Association and shall be open to inspection by
any Owner. Written notice of the Assessment shall thereupon be
sent to every Owner subject thereto.
The Association shall, upon demand at any time, furnish to
any Owner liable for an Assessment a certificate in writing
signed by an officer or agent of the Association, setting forth
whether such Assessment has been paid as to the Lot owned by the
Owner making request therefor. Such certificate shall be conclu-
sive evidence of payment of any Assessment to the Association
therein sated to have been paid.
Section 10. Collection of Assessment; Effect of Non-Payment
of Assessments; The Personal Obligation of the Owner; The Lien;
Remedies of the Association. If any Assessment is not paid with-
in ten (10) days after the due date, the Association shall have
the right to charge the default Owner a late fee of ten percent
(10%) of the amount of the Assessment, or Ten and NO/lOO Dollars
($10.00), whichever is greater, pIus interest at the then highest
rate of interest allowable by law from the due date until paid.
If there is no due date applicable to any particular Assessment,
then, the Assessment shall be due ten (10) days after wr i tten
demand by the Association. If any Owner is in default in the
payment of any Assessment owed to the Association for more than
thirty (30) days after written demand by the Association, the
Association upon written notice to the defaulting Owner shall
have the right to accelerate and require such defaulting Owner to
pay Assessments to the Association for the next twelve (12) month
period, based upon the then existing amount and frequency of
Assessments. In the event of such acceleration, the defaulting
Owner shall continue to be liable for any increases in the regu-
lar Assessments, for all special Assessments, and/or for all
other Assessments payable to the Association. If the Assessments
and any late fees and interest are not paid on the date when due,
then such Assessments and any late fees and interest shall become
delinquent and shall, together with such interest thereon and the
12
.:
cost of collection thereof as hereinafter provided, thereupon
become a continuing lien on the property which shall bind such
property in the hands of the Owner, his heirs, devisees, personal
representatives, successors and assigns. Any individual who
acquires title to a Lot upon the death of an Owner or by opera-
tion of law shall be personally liable for unpaid Assessments and
late fees with respect to such Lot. In any voluntary conveyance,
the Grantee shall be jointly and severally liable with the Gran-
tor for all unpaid Assessments made pr ior to the time of such
voluntary conveyance, without prejudice to the rights of the
Grantee to recover from the Grantor the amounts paid by the
Grantee therefor.
The Association may bring an action at law against the Owner
personally obligated to pay the same or may, record a claim of
lien against the property on which the Assessment and late fees
are unpaid, or may foreclose the lien against the property on
which the Assessment and late fee are unpaid, in like manner as a
foreclosure of a mortgage on real property, or pursue one or more
of such remedies at the same time or successively, and there
shall be added to the amount of such Assessment and late fee,
attorney's fees and costs of preparing and filing the claim of
lien and the complaint in such action, and in the event a judg-
ment is obtained, such judgment shall include interest on the
Assessment and late fee as above provided and a reasonable attor-
ney's fee to be fixed by the court together with the costs of the
action, and the Association shall be entitled to attorney's fees
in connection with any appeal of any such action.
It shall be the legal duty and responsibility of the Associ-
ation to enforce payment of the Assessments and late fees here-
under.
The provisions set forth in this section shall not apply to
the Developer for so long as the Developer owns any portion of
the Properties.
Section 11. Subordination of the Lien to First Mortgages.
The lien of Assessments, including interest, late charges (sub-
ject to the limitations of Florida laws), and costs (including
attorney's fees) provided for herein, shall be subordinate to the
lien of any first mortgage of an Insti tutional Lender upon any
Lot. In addition, the lien of assessments, including interest,
late charges (subject to the limitation of Florida laws), and
costs (including attorneys' fees) provided for herein, shall be
subordinate to a mortgage held by Developer upon the Properties,
or any portion thereof, or any interest therein. The sale or
transfer of any Lot or parcel of land shall not affect the
Assessment lien. However, the sale or transfer of any Lot or
parcel pursuant to judicial or non-judicial foreclosure of a
13
_...~-----------~
first mortgage shall extinguish the lien of such Assessments as
to payments which became due piror to such sale or transfer. No
sale or transfer shall relieve such Lot or parcel from lien
rights for any Assessments thereafter becoming due. Where the
Institutional Lender of a first mortgage of record or other pur-
chaser of such a Lot obtains title, its successors and assigns
shall not be liable for the Assessments chargeable to such Lot
which became due prior to the acquisition of title to such Lot by
such acquirer. Such unpaid Assessments shall be deemed to be an
Assessment divided equally among, payable by and assessed against
all Lots, including the Lot as to which the foreclosure (or con-
veyance in lieu of foreclosure) took place. Likewise, where a
mortgage is held by the Developer upon the Properties, or a por-
tion thereof, and the Developer or other purchaser obtains title,
its successors and assigns shall not be liable for the Assess-
ments by the Association chargeable to the Properties, or a por-
tion thereof, which become due prior to the acquisition of title
to the Properties, or portion thereof, by such acquirer. Such
unpaid Assessments shall be deemed to be an Assessment divided
equally among, payable by and assessed against all Lots, includ-
ing the Lot as to which the foreclosure (or conveyance in lieu of
foreclosure) took place.
Section 12. Exempt Property. The Board of Directors shall
have the right to exempt property subject to this Declaration
from the Assessments, charges and liens created herein if such
property is used (and 'as 10ng as it is used) for any of the fol-
lowing purposes:
A. Any easement or other interest therein dedicated
and accepted by a public authority and devoted to public use.
B. All Common Areas as defined in Article I hereof.
C. All Properties exempt from ad valorem taxation by
the laws of the State of Florida, to the extent agreed to by the
Association.
ARTICLE VI
EASEMENTS
Section 1. Members' Easements. Each Member of the Associa-
tion and each tenant, agent and invitee of such Member shall have
a permanent and perpetual easement for ingress and egress for
pedestr ian and vehicular traffic over and across the walkways,
dr iveways and roads from time to time laid out on the Common
Areas, for use in common with all such Members, their tenants,
14
agents and invitees. The portion of the Common Areas not used,
from time to time, for walkways and/or driveways or lakes shall
be for the common use and enjoyment of the Members of the Associ-
ation and each Member shall have a permanent and perpetual ease-
ment for pedestr ian traffic across all such portions of such
tracts and for the use of same in such manner as may be regulated
by the Association. The foregoing easements are subject to the
following:
(a) The right and duty of the Association to levy assess-
ments against each Lot for the purpose of maintaining
the Common Areas and facilities in compliance with the
provisions of this Declaration and with any restrictions
on the various plats of the Properties from time to time
recorded.
(b) The right of the Association to suspend the voting
rights and right to use the Common Areas and facilities
by an Owner for any period during which any assessment
against his Lot remains unpaid; and for a period not to
exceed sixty (60) days for any infraction of its law-
fully adopted and published rules and regulations.
(c) The right of the Association to adopt and enforce rules
and regulations governing the use of the Common Areas
and all facilities at any time situated thereon.
The right of an Owner to the use and enjoyment of the Common
Areas and facilities thereon shall extend to the members of his
immediate family who reside with him, subject to regulations from
time to time adopted by the Association in its lawfully adopted
and published rules and regulations.
Section 2. Easements Appurtenant. The easements provided in
Section 1 shall be appurtenant to and shall pass with the title
to each Lot.
Section 3. Utility Easements. Public utili ties may be in-
stalled underground in the Common Areas when necessary for the
service of the Properties or additional lands for which Developer
holds an option to purchase, but all use of utili ty easements
shall be accordance with the applicable provisions of this Decla-
ration. '
Section 4. Public Easements. Firefighters, police, health,
sanitation and other public service personnel and vehicles shall
have a permanent and perpetual easement for ingress and egress
over and across the Common Areas.
15
Section 5. Easements for Encroachment. There shall be
reciprocal appurtenant easements of encroachment as between each
residence and such portion or portions of the Common Area adja-
cent thereto or as between adjacent Units due to the uninten-
tional placement or settling or shifting of the improvements
constructedr reconstructed, or altered thereon (in accordance
with the terms of these restrictions) to a distance of not more
than one (1) foot r as measured from any point on the common
boundary between each Unit and the adjacent portion of the Common
Area or as between said adjacent Units, as the case may be, along
a line perpendicular to such boundary at such point; Provided,
howeverr in no event shall an easement for encroachment exist if
such encroachment occurred due to willful and knowing conduct on
the part of an Ownerr tenant, or the Association.
Section 6. Additional Easement. The Developer (during any
period in which the Developer has any ownership interest in the
Properties) and the Association shall each have the right to
grant such additional electric, telephoner gas, sprinklerr irri-
gation, cable television or other easementsr and to relocate any
existing easement in any portion of the Properties and to grant
access easements and to relocate any existing access easements in
any portion of the Properties as the Developer or the Association
sha11 deem necessary or desirable, for the proper operation and
maintenance of the propertiesr or any portion thereof, or for the
general health or welfare of the Owners or for the purpose of
carrying out any provisions of this Declaration: provided that
such easements or the relocation of existing easements will not
prevent or unreasonably interfere with the use of the Lots for
dwelling purposes.
Section 7. Association Easement.' For the purpose solely of
performing its obligations under the provisions of this Declara-
tion, the Association, through its duly authorized agents,
employees or independent contractors, shall have the rights,
after reasonable notice to the Ownerr to enter upon any Lot at
reasonable hours of any day except Sunday. In the event of an
emergency, such right of entry shall exist without notice on any
day, including Sunday. Each Owner hereby grants to the Asso-
ciation, its duly authorized agents, employees or independent
contractors such easements for ingress and egress, across the
Lots and through improvements constructed upon the Lotsr as may
be reasonably necessary to effect and perform the exterior main-
tenance aforementioned. In additionr the owner of the adjoining
property (not within the Properties) may grant the Association,
its duly authorized agentsr employees or independent contractorsr
such easements for ingress and egress across its Properties to
effect and perform its duties. In such event, the Association
shal1 indemnify the adjoining property owner for any damage or
16
injury to the easement areas caused by the use thereof or access
to perform the exterior maintenance.
Section 8. Construction Easement. Each Lot and the Common
Area is hereby subjected to a permanent easement appurtenant to
any adjoining Lot to permit the construction, existence, mainte-
nance, repair and restoration of structures located on such
adjoining Lot, provided that the construction of such structure
is permi tted and approved as elsewhere herein provided. The
owner of the dominant tenement shall have the right, at all
reasonable times, to enter the easement area in order to con-
struct improvements, and to maintain, repair and restore any
improvements located on the dominant tenement, provided, however
that such entry shall be allowed only during daylight hours and
wi th the pr ior knowledge of the owner of the, servient tenement.
In case of emergency, such right of entry shall be immediate, not
restricted as to time and not be conditioned upon prior knowledge
of the owner of the servient tenement. The owner of the servient
tenement shall not place any improvements, material or obstacle
in or over the easement area on the servient tenement which would
unreasonably interfere with the rights of the owner of the domi-
nant tenement granted by this Section. Any such improvement,
material or obstacle shall be promptly removed by the owner of
the servient tenement at that owner's expense when requested by
the owner of the dominant tenement or Declarant notwi thstanding,
any lapse of time since such improvement, material or other
obstacle was placed in or over the easement area. In the event
an Owner fails to move such improvement, material or obstacle,
then the Association may remove same and the expense of such
removal shall be charged to the Owner as an assessment.
ARTICLE VII
GENERAL RESTRICTIVE COVENANTS
Section 1. Applicabili ty. The provisions of this Article
shall be applicable to all Lots situated within the Properties.
Section 2. Land Use. No Lot shall be used except for
dential purposes. Temporary uses for model homes, parking
construction trailer, construction storage areas and/or
offices shall be permitted for the Developer.
Section 3. Change in Buildings. No Owner shall make or
permit any structural modification or alteration of any building
except as per Article IV herein, and such consent may be withheld
if, in the sole di scretion of the party denying the same, it
appears that such structural modification or alteration would
resi-
lots,
sales
17
adversely affect or in any manner endanger other dwelling units.
No building shall be demolished or removed without the prior
written consent of both the Board of Directors of the Association
and Owner (s) of the immediately adjoining building (s) . In the
event any building is demolished or removed, if replaced, said
building shall be replaced with a unit of similar size and type
within twelve (12) months. In the event the building is not
replaced, then the Lot shall be sodded and maintained as a land-
scaped Lot.
Section 4. Building Location. Buildings shall be located in
conformance wi th the Zoning Code of the County of Palm Beach,
Florida and any specific zoning approvals thereunder, or as orig-
inally constructed on a Lot by Developer or its successor or as-
signee. Whenever a variance or special excep~ion as to building
location or other item has been granted by the authority desig-,
nated to do so under the Zoning Code, said variance or special
exception is hereby adopted as an amendment to this Section and
any future variance of special exception as to building location
or other item shall constitute an amendment of this Section.
Section 5. Landscaping of Easements. In addi tion to the
easements reserved herein, easements for drainage, installation
and maintenance of utilities and for ingress and egress are shown
on the recorded plat (s) of the Properties. Wi thin these ease-
ments no structure, planting or other material may be placed or
permitted to remain that will interfere with vehicular traffic or
prevent maintenance of utilities. Public utility companies ser-
vicing the Properties and the Association, and their successors
and assigns, shall have a perpetual easement for the installation
and maintenance of water lines, sprinkler lines, sanitary sewers,
storm drains, gas lines, electric and,telephone lines, cables and
conduits, including television cables and conduits and such other
installations as may be required or necessary to provide mainte-
nance and utility services to the Lots and/or the Common Areas
under and through the utility easements ,as shown on the
plat(s). Any damage caused to pavement, driveways, drainage
structures, sidewalks, other structures, or landscaping in the
installation and maintenance of such utilities shall be promptly
restored and repaired by the utility whose instal1ation or main-
tenance caused the damage. All utilities within the subdivi-
sions, whether in streets, rights-of-way or utili ty easements,
shall be installed and maintained underground, provided, however,
that water and sewer treatment facilities and control panels for
utilities may be installed and maintained above ground.
Section 6. Nuisances. No noxious or illegal activity shall
be carr ied on upon any Lot, nor shall anything be done thereon
which may be or may become an annoyance or nuisance to the neigh-
borhood or any other Lot Owner. In the event of any question as
18
to what may be or become a nuisance, such question shall be sub-
mitted to the Association for a decision in writing, which deci-
sion shall be final. In addition, no weeds, underbrush or other
unsightly growths shall be permitted to grow or remain upon any
Lot. Owner is responsible for maintaining the landscaping. No
refuse pile or unsightly objects shall be allowed to be pI aced or
suffered to remain anywhere thereon: and in the event that the
Owner shall fail or refuse to keep the demised premises free of
weeds, underbrush or refuse piles or other unsightly growths or
objects, then the Association may enter upon said premises and
remove the same at the expense of the Owner, and such entry shall
not be deemed a trespass. All garbage or trash containers must
be underground or placed in walled-in areas so that they shall
not be visible from the adjoining Properties. Provided, however,
any portion of the Properties not yet developed by Developer,
shall be maintained in a clean condition but shall not be
expected to be maintained in a manicured condition.
Section 7. Temporary Structures. No structure of a tempo-
rary character, or trailer, tent, mobile home or recreational
vehicle shall be permitted on any Lot either temporarily or per-
manently, except that the Developer may park a trailer on the
Properties during periods of construction.
Section 8. Signs. Except for one sign of not more than one
square foot used to indicate the name of the resident, no "for
rent", "for sale" or other sign of any kind shall be displayed to
the public view on the Properties, without the prior consent of
the ACB; provided that the Developer, so long as it has not sold
all of its Lots in the Properties, shall retain the right to dis-
approve any signs displayed to the public view. Notwithstanding
the foregoing, this Section shall not apply to the Developer for
as long as it holds title to any portion of the Properties.
Section 9. Oil and Mining Operations. No oil drilling, oil
development operations, oil refining, quarrying or mining opera-
tions of any kind shall be permitted upon, or in the Properties
nor shall oil wells, tanks, tunnels, mineral excavations or
shafts be permitted upon or in the Properties. No derrick or
other structure designed for use in boring for oil or natural gas
shall be erected, maintained or permitted upon any portion of the
land subject to these restrictions.
Section 10. Animals and Pets. No animals, livestock, or
poultry of any kind may be raised, bred, kept or permitted on any
Lot, with the exception of dogs, cats, or other usual and common
household pets in a reasonable number. The keeping of a dog or
other domestic pet is not a right of an Owner, but is a condi-
tional license. This conditional license is subject to termina-
tion at any time by the Board of Directors upon a finding that a
19
dog or other pet is V1C10US, is annoying to other residents, or
has in any way become a nuisance. The owner of a pet assumes
liability for all damage to persons or property caused by the pet
or resulting from its presence at the Properties.
This license is subject to the following conditions:
(a) Pets shall be kept on a leash at all times when
outside a building.
(b) Pets are permitted to have excrements upon the
Common Areas provided that the Owner shall immediately remove
such excrement from the Common Areas with a "Pooper-Scooper" or
other appropriate tool and deposi t said waste in an approved
trash receptacle.
(c) The owner of a pet shall be responsible, and by
virtue of ownership, assumes responsibility for any damage to
persons or property caused by his pet(s).
(d) Any pet whose owner violates the provisions and
intent of these rules shall be deemed a nuisance and subject to
removal in accordance with the provisions of this Declaration.
Section 11. Visibility at Intersections. No obstruction to
visibility at street intersections shall be permitted.
Section 12. Commercial Trucks, Trailers, Campers and Boats.
No trucks or commercial vehicles, campers, mobile homes, motor-
homes, boats, house trailers, boat trailers, or trailers of every
other description shall be permitted to be parked or to be stored
at any place on any Lot, except only during the periods of
approved construction on said Lot, and except that they may be
stored wi thin garages. The term "commercial vehicle" shal1 in-
clude all automobiles, trucks and vehicular equipment, including
station wagons, which bear signs or shall have printed on same
some reference to any commercial undertaking or enterpr ise, or
vehicles of more than six feet (6') in height. This prohibition
of parking shall not apply to temporary parking of trucks and
commercial vehicles, such as for pick-up, deli very, and other
commercial services.
Section 13. Fences. No fence, wall or other structure shall
be erected in the front yard, back yard, or side yard except as
originally installed by Developer or its assignee.
Section 14. Garbage and Trash Disposal. No garbage, refuse,
trash or rubbish shall be deposited on any Lot except in a walled
in area; provided, however, that the requirements from time to
time of the County of Palm Beach for disposal or collection shall
20
be complied with. All equipment for the storage or disposal of
such material shall be kept in a clean and sanitary condition.
Section 15. Drying Areas. No clothing, laundry or wash
shall be aired or dried on any portion of any Lot in an area ex-
posed to view from any other Lot. Drying areas will be permitted
only in 10cations approved by the Architectural Control Board and
only when protected from view by screening or fencing approved by
the Architectural Control Board. No prohibition of outside
clotheslines or drying areas shall be permitted: provided that
nothing herein shall prohibi t the Architectural Control Board
from enacting reasonable regulations that do not have the effect
of prohibiting such drying areas or clotheslines as to any Lot.
Section 16. Gas Containers. No gas tan~, gas container, or
gas cylinder (except those placed by the Developer or approved by
the ACB in connection wi th the installation of swimming pools
and/or permanent barbecues, and except those used for portable
barbecues) shall be permitted to be placed on or about the out-
side of any house or any ancillary building, and all such items
(except those placed by the Developer in connection wi th the
installation of swimming pools and/or permanent barbecues, and
except those used for portable barbecues) shall be installed
underground in every instance where gas is used. In the alterna-
tive, gas containers may be placed above ground if enclosed on
all sides by a decorative safety wall approved by the ACB.
Section 17. Communication Equipment. Except as may be
installed by the Developer or as may be permitted by the ACB, no
antennas, satelli te dishes, aer ials, or lines, wi res or other
devices for communication or transmission of current shall be
placed on any portion of the Properties. In no event, however,
shall lines or wires for communication or the transmission of
current be constructed placed, or permitted to be placed within
the Common Areas unless the same shall be installed by the Asso-
ciation for the common use of all Members, and shall be protected
cables, and any of said lines or wires which are not located in
buildings shall be constructed or placed and maintained under-
ground. Any line or wire installations permitted by the Archi-
tectural Control Board pursuant to this Section shall be pro-
tected cable and shall only be installed underground.
Section 18. County Requirement. Any plat or replat of the
Properties subject to this Declaration must conform with the
master plan as approved by Palm Beach County as well as the
applicable site plan as approved by any Site PIan Review Commit-
tee thereof. .
Section 19. Drainage. No change in any drainage pattern of
any Lot, after issuance of a certificate of occupancy for the
21
dwelling thereon, or of any portion of the Properties, after all
contemplated improvements have been completed, shall be made
which will cause undue hardship to an adjoining Lot or adjoining
property with respect to natural runoff of rain water. Streets,
swales, and any other areas designated as retention areas pur-
suant to the engineer's drainage plans will retain water during
certain storm periods that may extend for a period of time beyond
the engineer's design estimate.
Section 20. Leasing. No lease may be made for less than a
six (6) month period, nor shal1 a Lot be leased more than two (2)
times during any twelve (12) month period. Each Owner shall be
responsible for the acts and omissions, whether negligent or
willful, of any person residing in his Lot, and for all guests,
and invitees of the Owner or any such resident, and in the event
the acts or omissions of any of the foregoing shall result in any
damage to the Common Areas, or any liability to the Association,
the Owner shall be assessed for same as in the case of any other
Assessment, limited where applicable to the extent that the
expense or liabili ty is not met by the proceeds of insurance
carried by the Association. Furthermore, any violation of any of
the provisions of this Declaration, of the Articles, or the By-
laws, by and resident of any Lot, or any guest or invitee of an
Owner or any resident of a Lot, shall also be deemed a violation
by the Owner, and shall subject the Owner to the same liability
as if such violation was that of the Owner.
With respect to any tenant or any person present in any Lot
or any portion the Properties, other than an Owner and the mem-
bers of his immediate family permanently residing with him in the
Lot, if such person shall materially violate any provision of
this Declaration, the Articles, or source of annoyance to the
residents of the Properties, or shall willfully damage or destroy
any Common Areas or personal property of the Association, then
upon written notice by the Association such person shall be
required to immediately leave the Properties and if such person
does not do so, the Association is authorized to commence an
action to evict such tenant or compel the person to leave the
Properties and, where necessary, to enjoin such person from
returning. The expense of any such action, including attorneys'
fees, may be assessed against the applicable Owner, and the Asso-
ciation may collect Such Assessment and have a lien for same as
elsewhere provided. The foregoing shall be in addi tion to any
other remedy of the Association.
22
ARTICLE VIII
INSURANCE AND CASUALTY LOSSES
Section 1. Insurance. The Association's Board of Directors,
or its duly authorized agent, shall have the authority to and
shall obtain blanket all-risk insurance, if reasonably available,
for all insurable improvements on the Common Areas. If blanket
all-risk coverage is not reasonably available, then at a minimum
an insurance policy providing fire and extended coverage shall be
obtained. This insurance shall be in an amount sufficient to
cover ,one hundred (100%) percent of the replacement cost of any
repair or reconstruction in the event of damage or destruction
from any insured hazard.
The Board shall also obtain a public liability pOlicy
covering the Common Areas, the Association and its Members for
,all damage or injury caused by the negligence of the Association
or any of its Members or agents. The public liability policy
shall have at least a One Million ($1,000,000.00) Dollar single
person limit as respects bodily injury and property damage, a Two
Million ($2,000,000.00) Dollar limit per occurrence, if reason-
ably available, and a Five Hundred Thousand ($500,000.00) Dollar
minimum property damage limit.
Premiums for all insurance on the Common Areas shall be
common expenses of the Association. The policy may contain a
reasonable deductible, and the amount thereof shall be added to
the face amount of the policy in determining whether the insur-
ance at least equals the full replacement cost. The deductible
shall be paid by the party who would be responsible for the
repair in the absence of insurance and in the event of multiple
parties shall be allocated in relation to the amount each party's
loss bears to the total.
Cost of insurance coverage obtained by the Association
for the Common Areas shall be included in the General Assessment,
as provided in Article IV.
All such insurance coverage obtained by the Board of
Directors shall be written in the name of the Association as
Trustee for the respective benefited parties, as further identi-
fied in (b) below. Such insurance shall be governed by the pro-
visions hereinafter set forth:
(a) All policies shall be written with a company
licensed to do business in Florida which holds a Best's rating of
A or better and is assigned a financial size category of XI or
larger as established by A. M. Best Company, Inc., if reasonably
23
available, or, if not available, the most nearly equivalent
rating.
(b) AIl policies on the Common Areas shall be for the
benefit of the Owners and their Mortgagees as their interests may
appear.
(c) Exclusive authority to adjust losses under policies
in force on the Properties obtained by the Association shall be
vested in the Association's Board of Directors; provided, how-
ever, no mortgagee having an interest in such losses may be pro-
hibited from participating in the settlement negotiations, if
any, related thereto.
(d) In no event shall the insurance coverage obtained
and maintained by the Association's Board of Directors hereunder
be brought into contr ibution wi th insurance purchased by indi-
vidual Owners, occupants, or their mortgagees.
ee) All casualty insurance policies shall have an
inflation guard endorsement, if reasonably available, and an
agreed amount endorsement with an annual review by one or more
qualified persons, at least one of whom must be in the real
estate industry and familiar with construction in the Palm Beach
County, Florida, area.
(f) The Association's Board of Directors
required to make every reasonable effort to secure
policies that will provide for the following:
shall be
insurance
i. a waiver of subrogation by
any claims against the Association ',s Board
manager, the Owners, and their respective
agents, and guests;
ii. a waiver by the insurer of its rights to
repair, and reconstruct, instead of paying cash;
the insurer as to
of Directors, its
tenants, servants,
111. that no policy may be canceled, invalidated
or suspended on account of anyone or more individual Owners;
iv. that no policy may be canceled, invalidated,
or suspended on account of the conduct of any Director, officer,
or employee of the Association or its duly author ized manager
without prior demand in writing delivered to the Association to
cure the defect and the allowance of a reasonable time thereafter
within which the defect may be cured by the Association, its
manager, any Owner, or mortgagee;
24
v. that any "other insurance" clause in any policy
exclude individual Owners' policies from consideration; and
vi. that no policy may be canceled or substan-
tially modified without at least ten (10) days' prior written
notice to the Association.
g. The Association's Board of Directors may, in their
discretion, obtain such other types of insurance for the Associ-
ation as they deem necessary.
In addition to the other' insurance required by this
section, the Board of Directors shall obtain, as a common
expense, worker's compensation insurance, if and to the extent
necessary, and a fidelity bond or bonds on D~rectors, officers,
employees, and other persons handling or responsible for the
Association's funds. The amount of fideli ty coverage shall be
determined in the Directors best business judgment but may not be
less than three (3) months assessments, plus reserves on hand.
Bonds shall contain a waiver of all defenses based upon the
exclusion of persons serving without compensation and may not be
canceled or substantially modified without at least ten (10)
days' prior written notice to the Association.
Section 2. Individual Insurance. By virtue of taking title
to a Lot subject to the terms of this Declaration, each Owner
covenants and agrees with all other Owners and with the Associa-
tion that each Owner shall carry blanket all-risk casualty insur-
ance on the Lot(s) and structures constructed thereon as provided
for in Section 1 of this Article. Each Owner further covenants
and agrees that in the event of a partial loss or damage and
destruction resulting in less than total destruction of struc-
tures compr ising his Lot, the Owner shall proceed promptly to
repair or to reconstruct the damaged structure in a manner con-
sistent with the original construction, and the Owner shall pay
the costs of any repair or ,.reconstruction which are not covered
by insurance proceeds. In the event that the structure is
totally destroyed, the Owner may decide not to rebuild or to
reconstruct, in which case the Owner shall clear the Lot of all
debris and return it to substantially the natural state in which
it existed prior to the beginning of construction and the Owner
shall continue to maintain the Lot in a neat and attractive con-
dition.
Section 3. Disbursement of Proceeds. Proceeds of insurance
policies shall be disbursed as follows:
(a) If the damage or destruction for which the proceeds
are paid is to be repai red or reconstructed, the proceeds, or
such portion thereof as may be required for such purpose, shall
25
---_._---_.~._------.------
be disbursed in payment of such repairs or reconstruction as
hereinafter provided. Any proceeds remaining after defraying
such costs of repairs or reconstruction to the Common Areas or,
in the event no repair or reconstruction is made, after making
such settlement as is necessary and appropriate with the affected
Owner or Owners and their mortgagee (s) as their interests may
appear, shall be retained by and for the benefit of the Associa-
tion and placed in the capital reserves account. This is a cove-
nant for the benefit of any mortgagee of a Uni t and may be
enforced by such mortgagee.
Section 4. Damage and Destruction.
(a) Immediately after the damage or destruction by fire
or other casualty to all or any part of the Properties covered by
insurance written in the name of the Association, the Board 'of
Directors, or its duly authorized agent, shall proceed with the
filing and adjustment of all claims arising under such insurance
and obtain reliable and detailed estimates of the cost of repair
or reconstruction of the damaged or destroyed Properties. Repair
or reconstruction, as used in this paragraph, means repairing or
restoring the Properties to substantially the same condition in
which they existed prior to the fire or other casualty.
(b) Any damage or destruction to the Common Areas shall
be repaired or reconstructed unless at least seventy-five (75%)
percent of the total vote of the Association shall decide within
sixty (60) days after the casualty not to repair or reconstruct.
If for any reason either the amount of the insurance proceeds to
be paid as a result of such damage or destruction, or reliable
and detailed estimates of the cost of repair or reconstruction,
or both, are not made available to the Association within said
period, then the period shall be extended until such information
shall be made available; provided, however, such extension shall
not exceed sixty (60) days. No mortgagee shall have the right to
participate in the determination of whether the Common Areas
damage or destruction shall be repaired or reconstructed.
Section 5. Repair and Reconstruction. If the damage or
destruction to the Common Areas for which the insurance proceeds
are paid is to be repaired or reconstructed, and such proceeds
are not sufficient to defray the cost thereof, the Board. of
Directors shall, without the necessity of a vote of the Members,
levy a special assessment against all Owners on the same basis as
provided for assessments. Additional assessments may be made in
like manner at any time during or following the completion of any
repair or reconstruction.
26
ARTICLE IX
DEVELOPER'S RIGHTS
Section 1. Sales Acti vi ty. Notwi thstandin9 any provision
herein to the contrary, until the Developer has completed, sold
and conveyed all of the Lots within the Properties, neither the
Owners, nor the Association nor their use' of the Common Areas
shall interfere with the completion of the contemplated improve-
ments and the sale of Lots and any other sales activity of the
Developer, whether related to the Properties or other develop-
ments of the Developer. The Developers (or its duly authorized
agents or assigns) may make such use of the unsold Lots and the
Common Areas as may facilitate such completi~n and sale includ-
ing, but not limited to, the maintenance of sales offices, con-
struction trailers, storage areas, model homes, and/or parking
lots for the showing of the property, and the display of signs,
,billboards, flags, placards and visual promotional materials.
The Developer shall have the right to use unimproved Lots for
temporary parking for prospective purchasers and such other par-
ties as Developer determines. Each Lot and the Common Area is
hereby subjected to an easement for the purposes set forth
herein. .
Section 2. Replatting. It may be necessary for the Devel-
oper to re-plat a portion of the Properties. The Developer shall
have the right to re-plat unsold portions of the Properties with-
out requiring the joinder or consent of any Owner or mortgagee
holding a mortgage on any Lot. ~.
I
Section 3. Utility and Construction Payments and/or
Deposits. In the event a utility company or governmental author-
i ty requires a deposit to be made by the Developer, and such
deposit shall be refunded at some time in the future, then the
Developer (and not the Association) shall be entitled to receipt
of the refunded funds. In addition, should construction payments
made by the Developer be refunded by a utility company or govern-
mental authority at some time in the future, then the Developer
(and not the Association) shall be entitled to receipt of the
refunded funds.
Section 4. Cable Television. The Developer may enter into
an agreement with a cable television company for the provision of
cable television service to the Properties. Such an agreement
may be a bulk payment agreement whereby all Owners shall purchase
cable television services and the Association shall collect pay-
ments therefor from Owners as part of the General Assessments.
27
-_._~_."._-'-_..
Section s. Assignment of Developer Rights. The Developer
shall have the right to assign to any other person or entity any
or all of the Developer's rights reserved in this Declaration, in
whole or in part, with respect to all or any portion of the
Properties. In the event of an assignment, the assignee shall
not be liable for any action of a prior developer. Acquisition,
development or construction lenders acquiring title to the
Properties or any portion thereof by foreclosure or deed in lieu
of foreclosure shall have the right, but not the obligation, to
assume the Developer's rights. Such acquisition, development or
construction lender shall have the right to assign the
Developer's rights to a subsequent purchaser, regardless of
whether or not the Developer's rights were assumed by the lender.
Section 6. Developer Approval of Board Action. In the event
the Developer no longer controls the Board of Directors but con-
tinues to own a portion of the Properties, then the Developer
shall have the right to veto any action taken by the Board if the
Developer determines that such action materially and adversely
affects the Developer's interest in the community. Action of the
Board shall be submitted to the Developer within ten (10) days of
adoption of such action. In the event a written veto is not
delivered by the Developer to the Board within ten (10) days of
actual receipt of the action, then the action shall be deemed
approved.
ARTICLE X
MORTGAGEES' RIGHTS
The following prOV1Sl.OnS are for the benefit of holders,
insurers, or guarantors of first mortgages on Lots in the Proper-
ties.
Section 1. Notices of Action. An institutional holder,
insurer, or guarantor of a first mortgage, who provides written
request to the Association (such request to state the name and
address of such holder, insurer, or guarantor and the unit num-
ber), therefore becoming an "eligible holder"), will be entitled
to timely written notice of:
(1) any condemnation loss or any casualty loss which
affects a material portion of the Properties or which affects any
Unit on which there is a first mortgage held, insured, or guaran-
teed by such eligible holder;
(2) any delinquency in the payment of assessments or
charges owed by an Owner of a Lot subject to the mortgage of such
eligible holder, insurer, or guarantor, where such delinquency
28
has continued for a period of sixty (60) days; provided, however,
notwithstanding this provision, any holder of a first Mortgage,
upon request, is entitled to written notice from the Association
of any default in the performance by an Owner of a Unit of any
obligation under the Declaration or Bylaws of the Association
which is not cured within sixty (60) days;
(3) any lapse, cancellation, or material modification
of any insurance policy or fidelity bond maintained by the Asso-
ciation; or
(4) any proposed action which would require the consent
of a specified percentage of eligible holders.
Section 2. No Priority. No provision of this Declaration or
the By-Laws gives or shall be construed as giving any Owner or
other party priority over any rights of the first mortgagee of
any Lot in the case of distribution to such Owner of insurance
proceeds or condemnation awards for losses to or a taking of the
Common Area.
Section 3. Notice to Association. Upon request, each Owner
shall be obligated to furnish to the Association the name and
address of the holder of any mortgage encumbering such Owner t s
Lot.
Section 4. Applicability of Article X. Nothing contained in
this Article shall be construed to reduce the percentage vote
that must otherwise be obtained under the Declaration, By-Laws,
or Florida law for any of the acts set out in this Article.
Section 5. Failure of Mortgagee to Respond. Any Mortgagee
who receives a written request from the Board to respond to or
consent to any action shall be deemed to have approved such
action if the Association does not receive a wri tten response
form the Mortgagee within thirty (30) days of the date of the
Association's request.
ARTICLE XI
GENERAL PROVISIONS
Section 1. Duration. The covenants and restrictions of this
Declaration shall run with and bind the land, and shall inure to
the benefit of and be enforceable by the Developer, the Associa-
tion or the Owner of any Lot subject to this Declaration, and
their assigns, for a term of thirty (30) years from the date this
Declaration is recorded, after which time said covenants shall be
automatically extended for successive periods of ten (10) years
29
each unless an instrument signed by the then Owners of two-thirds
of the Lots has been recorded" agreeing to change or terminate
said covenants and restrictions in whole or in part.
Section 2. Notice. Any notice required to be sent to any
Owner under the provisions of this Declaration shall be deemed to
have been properly sent when personally delivered or mailed,
postpaid, to the last known address of the person who appears as
Member or Owner on the records of the Association at the time of
such mailing.
Section 3. Enforcement. Enforcement of these covenants and
restr ictions shall be by any proceeding at law or in equi ty ,
against any person or persons violating or attempting to violate
any covenant or restriction either to restrain violation or to
recover damages, and against the land to enforce any lien created
by these covenants and failure by the Developer, the Association
or any Owner to enforce any covenant or restriction herein con-
,tained shall in no event be deemed a waiver of the right to do so
thereafter. These covenants may also be enforced by the Archi-
tectural Control Board. The Association is hereby empowered to
adopt reasonable rules and regulations for the imposition of
fines to be levied against any Owner for ~ailure to comply with
the terms of this Declaration or rules and regulations of the
Association. Any rule or regulation subjecting any Owner to
fines shall include provisions for notice, hearing, appeal and
fines. Fines shall constitute an assessment due to the Associa-
tion and upon failure to pay such fine within the period pre-
scribed by the Association shall beco~e a charge and continuing
lien upon the Owner's Lot.
Section 4. Severability. Invalidation of anyone of these
covenants or restrictions by judgment or court order shall in no
way affect any other provisions which shall remain in full force
and effect.
Section 5. Amendment. The Developer may amend this Declara~
tion so long as it owns any portion of the Properties or holds a
mortgage on any portion of the Properties. Thereafter and other-
wise, this Declaration may be amended only by the affirmative
vote or written consent, or any combination thereof, of Members
representing seventy-five (75%) percent of the total votes of the
Association, including seventy-five (75%) percent of Members
other than the Developer. Every amendment must have the written
joinder and consent of the Developer for so long as the Developer
owns any portion of the Properties. However, the percentage of
votes necessary to amend a specific clause shall not be less than
the prescribed percentage of affirmative votes required for
action to be taken under that clause. Any amendment must be
recorded in the Public Records of Palm Beach County, Florida. No
30
amendment may prejudice or impair the priorities of Institutional
Lenders granted hereunder unless all Institutional Lenders join
in the execution of the amendment. No amendment shall make any
changes which would in any way affect any of the rights, privi-
leges, powers or options herein provided in favor of, or reserved
to, Developer, unless Developer joins in the execution of the
amendment.
Section 6. Litigation. No judicial or administrative pro-
ceeding shall be commenced or prosecuted by the Association
unless approved by a vote of seventy-five (75%) percent of the
Owners. This Section shall not apply, however, to (a) actions
brought by the Association to enforce the provisions of this
Declaration (including, wi thout limi tation, the foreclosure of
liens), (b) the imposition and collection o~ assessments, Cc)
proceedings involving challenges to ad valorem taxation, or Cd)
counterclaims brought by the Association in proceedings insti-
tuted against it. This section shall not be amended unless such
amendment is made by the Developer or is approved by the percent-
age votes, and pursuant to the same procedures, necessary to
institute proceedings as provided above.
Section 7. Effective Date. This Declaration shall become
effective upon its recordation in the Palm Beach County Public
Records.
EXECUTED the date first above written.
Signed, sealed and delivered
in the presence of:
HOWARD SCHARLIN, as Trustee
STATE OF FLORIDA )
SS:
COUNTY OF )
The foregoing instrument was acknowledged before me, this
day of , 19 , by Howard Schar1in, as Trustee.
My Commission Expires:
Notary Public
31
--...-------....-----.---
EXHIBIT "A"
TO
DECLARATION OF RESTRICTIONS AND
PROTECTIVE COVENANTS FOR WOOLBRIGHT PLACE
Property Subject to Declaration
All of the Plat of , as
recorded in Plat Book , Page , of the
Public Records of Palm Beach County, Florida.
32
EXHIBIT "B"
TO
DECLARATION OF RESTRICTIONS AND
PROTECTIVE COVENANTS FOR WOOLBRIGHT PLACE
Description of Common Areas
Tracts , as shown on the
'Plat of , as recorded
in Plat Book , Page of the Public
Records of Palm Beach County, Florida.
33
~,-_.~---_.._"_..--~'------'~..
--
,
,
" .
JJW/hh
12/06/89
105-7188-3
BYLAWS
OF
WOOLBRIGHT PLACE MASTER ASSOCIATION, INC.
"
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
TABLE OF CONTENTS
Page
Definitions.
Location...
. . . . . . . . . . . . . . . . . . . . . . . . . . .
.1
.1
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Membership. ... .... ... ..... . . .......... ...1
Fiscal Year.............................1
Board of Directors.
. . . . . . . . .
.2
. '.
. . . . . . . . .
Officers............
. . . . . . . . . . . . . . . . . . .
.7
Meetings of Mernbers.....................8
Corom i t tee s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0
Books and Papers.
. . . . . . . . . . . . . . . . . . . . .
.10
Amendments.......
. . . . . . . . . . . . . . . . . . . . .
.10
BYLAWS
OF
WOOLBRIGHT PLACE MASTER ASSOCIATION, INC.
ARTICLE I
DEFINITIONS
All defined terms used in these Bylaws shall have the meaning
assigned to them in the Declaration.
ARTICLE II
LOCATION
Section 1. The principal office of the Association shall be
located in Palm Beach County, Florida, or as may be established
by the Board of Directors.
I
ARTICLE III
MEMBERSHIP
Section 1. Membership of the Association is as set forth in
Article 4 of the Articles of Incorporation of the Association.
Section 2. The rights of membership are subject to the pay-
ment of annual and special assessments levied by the Association,
the obligation of which assessment is imposed against each Owner
of and becomes a lien upon the Properties against which such
assessments are made as provided by Article V of the Declaration
to which the Properties are subject.
ARTICLE IV
FISCAL YEAR
Sect ion 1.
calendar year.
The fiscal year of the Association shall be a
ARTICLE V
BOARD OF DIRECTORS
Section 1. The directors of the Association shall be elected
a t the annual meeting of the Members. The election shall be
decided by majority vote.
Section 2. Any director may be removed from office at any
time with or without cause by the affirmative majority vote of
the Association membership, except that the directors elected by
the Class B member including those named in the Articles of
Incorporation may be removed only by the Class B member.
Section 3. The first meeting of the duly elected Board of
Directors, for the purpose of organization, shall be held immedi-
ately after the annual meeting of members, provided the majority
of the members of the Board elected be present. Any action taken
at such meeting shall be by a majority of the whole Board. If
the major i ty of the members of the Board elected shall not be
present at that time, or if the directors shall fail to elect
officers, the meeting of the Board to elect officers shall then
be held.. wi thin thirty days after the lannual meeting of members
upon three days' notice in writing to each member of the Board
elected, stating the time, place and object of such meeting.
Section 4. Regular meetings of the Board of Directors may be
held at any place or places within Palm Beach County, Florida, on
such days and at such hours as the Board of Directors may, by
resolution, appoint.
Section 5. No notice shall be required to be given of any
regular meeting of the Board of Directors.
Section 6. Special meetings of the Board of Directors may be
called at any time by the President or by a majority of the Board
and may b~ held at any place or places within Palm Beach County,
Florida, and at any time.
Section 7. Notice of each special meeting of the Board of
Directors, stating the time, place and purpose or purposes there-
of, shall be given by or on behalf of the President or by or on
behalf of the Secretary or by or on behalf of a majority of the
members of the Board to each member of the Board not less than
three days prior to the scheduled date of the special meeting by
mail or one day by telephone or telegraph. Special meetings of
the Board may also be held at any place and time without, notice
by unanimous waiver of notice by all the directors.
Section 8. No Director shall receive any compensation from
the Association for acting as such unless approved by Members
representing a majority of the total vote of the Association at a
2
regular or special meeting of the Association; provided any
Director may be reimbursed for expenses incurred on behalf of the
Association upon approval of a majority of the other Directors.
Section 9. Subject to the provisions of Section 10 of this
Article, all meetings of the Board shall be open to all Members,
but no Member other than Directors may participate in any discus-
sion or deliberation unless permission to speak is requested on
his or her behalf by a Director. In such case, the President may
limit the time that any Member may speak.
Section 10. Any action to be taken at a meeting of the
Directors or any action that may be taken at a meeting of the
Directors may be taken without a meeting if a consent in writing,
setting forth the action so taken, shall be signed by all of the
Directors, and such consent shall have the same force and effect
as a unanimous vote.
Section 11. The Board of Directors shall be responsible for
the affairs of the Association and shall have all of the powers
and duties necessary for the administration of the Association's
affairs and, as provided by law, may do all acts and things as
are not by the Declaration, Articles,/or these By-Laws directed
to be done and exercised exclusively by the Members.
The Board of Directors shall delegate to one of its
members the authority to act on behalf of the Board of Directors
on all matters relating to the duties of the Managing Agent or
Manager, if any, which might arise between meetings of the Board
of Directors.
In addition to the duties imposed by these By-Laws or by
any resolution of the Association that may be hereafter adopted,
the Board of Directors shall have the power to and be responsible
for the following, in way of explanation, but not limitation:
. a. preparation and adoption of an annual budget in
which there shall be established the contribution of each Owner
to the common expenses;
b. making assessments to defray the common expenses,
establishing the means and methods of collecting such assess-
ments, and establishing the period of the installment payments of
the annual assessment, provided, unless otherwise determined by
the Board of Directors, the annual assessment for each Lot's
proportionate share of the common expenses shall be payable in
equal quarterly installments, each such installment to be due and
payable in advance on the first day of quarter;
c. providing for the operation, care, upkeep, and
maintenance of all of the Common Areas.
3
d. designating, hi ring, and dismissing the personnel
necessary for the maintenance, operation, repair, and replacement
of the Association, its property, and the Common Areas where
appropriate, providing for the compensation of such personnel and
for the purchase of equipment, supplies, and material to be used
by such personnel in the performance of their duties;
e. collecting the assessments, depositing the proceeds
thereof in a bank deposi tory which it shall approve, and using
the proceeds to administer the Association; the reserve fund may
be deposited, in the directors' best business judgment, in depos-
itories other than banks;
f. making and amending rules and regulations;
g. opening of bank accounts on behalf of the Associa-
tion and designating the signatories required;
h. making or contracting for the making of repairs,
additions, and improvements to or alterations of the Common Area
in accordance with the other provisions of the Declaration and
these By-Laws after damage or destruction by fire or other casu-
alty; ~
i. enforcing by legal means the provisions of the
Declaration, these By-Laws, and the rules and regulations adopted
by it and bringing any proceedings which may be instituted on
behalf of or against the Owners concerning the Association after
receiving the proper authorization, if any, required by the Dec-
laration;
j. obtaining and carrying insurance against casualties
and liabilities, as provided in the Declaration, and paying the
premium cost thereof;
, k. paying the cost of all services rendered to the
Association or its Members and not chargeable to Owners;
1. keeping books wi th detailed accounts of the
receipts and expenditures affecting the Association and its
adminis tra tion, specifying the maintenance and repa i r expenses
and any other expenses incurred. The said books and vouchers
accrediting the entries thereupon shall be available for examina-
tion by the Owners and mortgagees, their duly authorized agents,
accountants, or attorneys, during general business hours on work-
ing days at the time and in a manner that shall be set and
announced by the Board of Directors for the general knowledge of
the owners. All books and records shall be kept in accordance
with generally accepted accounting practices;
m. make available to any prospective purchaser of a
Lot, any Owner of a Lot, any first Mortgagee, and the holders,
4
insurers, and guarantors of a first Mortgage on any Unit, current
copies of the Declaration, the Articles of Incorporation, the By-
Laws, rules governing the Lot and all other books, records, and
financial statements of the Association; and
n. permit utility suppliers to use portions of the
Common Area reasonably necessary to the ongoing development or
operation of the Properties.
Section 12. The Board of Directors may employ for the Asso-
ciation a professional management agent or agents at a compensa-
tion established by the Board of Directors to perform such duties
and services as the Board of Directors shall authorize. The
Board of Directors may delegate to the managing agent or manager,
subject to the Board's supervision, all of the powers granted to
the Board of Directors by these By-Laws, other than the powers
set forth in subparagraphs (a), (b), (f), (g), and (i) of Section
11 of this Article. The Declarant, or an affiliate of the Decla-
rant, may be employed as managing agent or manager. No manage-
ment contract may have a term in excess of one (1) year and must
permit termination by either party without cause and without
termination fee on ninety (90) days, or less, written notice.
Section 13. The following management standards of perform-
ance will be followed unless the Board by resolution specifically
determines otherwise:
a. accrual accounting, as defined by generally
accepted accounting principles, shall be employed;
b. accounting and controls should conform with estab-
lished AICPA guidel ines and pr inciples, which requi re, wi thout
limitation, (i) disbursements by check requiring two (2) signa-
tures, and (ii) cash disbursements limited to amounts of Seventy-
Five ($75.00) Dollars and under;
c. cash accounts of the Association shall not be com-
mingled with any other accounts;
d. no remuneration shall be accepted by a managing
agent from vendors, independent contractors, or others Providing
goods or services to the Association, whether in the form of com-
missions, finder's fees, service fees, prizes, gifts, or other-
wise; any thing of value received shall benefit the Association;
e. any financial or other interest which a managing
agent may have in any firm providing goods or services to the
Association shall be disclosed promptly to the Board of Direc-
torsi and
f. an annual report consisting of at least the follow-
ing shall be distr ibuted wi thin one hundred twenty (120) days
5
after the close of the fiscal year: (1) a balance sheet as of
the end of the fiscal year; (2) an operating (income) statement
for the fiscal year; and (3) a statement of changes in financial
position for the fiscal year.
Section 14. The Board of Directors shall have the power to
borrow money for the purpose of repair or restoration of the
Common Areas without the approval of the Members of the Associa-
tion; provided, however, the Board shall obtain Member approval
in the same manner provided in the Declaration for special
assessments in the event that the proposed borrowing is for the
purpose of modifying, improving, or adding ameni ties, and the
total amount of such borrowing exceeds or would exceed five (5%)
percent of the budgeted gross expenses of the Association for
that fiscal year.
Section 15. The Board shall have the power to impose rea-
sonable fines, which shall constitute a lien upon the property of
the violating Owner, and to suspend an Owner's right to vote or
to use the Common Area for violation of any duty imposed under
the Declaration, these By-Laws, or any rules and regulations duly
adopted hereunder; provided, however, nothing herein shall
author ize the Association or the Board of Directors to limi t ..
ingress and egress to or from a Lot. In the event that any occu-
pant of a Lot violates the Declaration, By-Laws, or a rule or
regulation and a fine is imposed, the fine shall first be
assessed against the occupant; provided, however, if the fine is
not paid by the occupant within the time period set by the Board,
the fine shall constitute a lien upon the Lot in which the occu-
pant resides, and the Owner shall pay the fine upon notice from
the Association. The failure of the Board to enforce any pro-
vision of the Declaration, By-Laws, or any rule or regulation
shall not be deemed a waiver of the right of the Board to do so
thereafter.
, a. Notice. Pr ior to imposi tion of any sanction here-
,under, the Board or its delegate shall serve the al1eged violator
with written notice describing (i) the nature of the alleged
violation, (ii) the proposed sanction. to be imposed, (iii) a
period of not less than ten (10) days within which the alleged
violator may present a written request to the committee desig-
nated by the Board, if any, or Board of Directors for a hearing;
and (iv) a statement that the proposed sanction shall be imposed
as contained in the notice unless a challenge is begun within ten
(10) days of the notice. If a timely chal1enge is not made, the
sanction stated in the notice shal1 be imposed.
b. Hear ing. I f a hear ing is requested in a timely
manner, the hearing shal1 be held in executive session before the
body specified in the notice which shall afford the Owner a
reasonable opportunity to be heard. pr ior to the effectiveness
of any sanction hereunder, proof of proper notice shall be placed
6
.. . _____.__~ _..".__.~.__.__~____..~~____.~_ ..___._ u___.______ _.___
in the miinutes of the meeting. Such proof shall be deemed ade-
quate if a copy of the notice, together with a statement of the
date and manner of delivery, is entered by the officer, Director,
or agent who delivered such notice. The notice requirement shall
be deemed satisfied if the alleged violator appears at the meet-
ing. The minutes of the meeting shall contain a written state-
ment of the results of the hearing and the sanction, if any,
imposed.
c. Appeal. If the hearing is held before a body other
than the Board, then the violator shall have the right to appeal
the decision to the Board of Directors. To perfect this right, a
written notice of appeal must be received by the manager, Presi-
dent, or Secretary of the Association wi thin thirty (30) days
after the hearing date.
d. Additional Enforcement Rights. Notwithstanding
anything to the contrary herein contained, the Association, act-
ing through the Board of Directors, may elect to enforce any
provision of the Declaration, these By-Laws, or the rules and
regulations of the Association by self-help (specifically includ-
ing, but not limited to, the towing of vehicles that are in vio-
lation of parking rules and regulations) or by suit at law or in
equity to enjoin any violation or to recover monetary damages or
both without the necessity for compliance with the procedure set
forth above. In any such action, to the maximum extent permis-
sible, the Owner or occupant responsible for the violation for
abatement is sought shall pay all costs, including reasonable
attorney's fees actually incurred.
ARTICLE VI
OFFICERS
Section 1. The officers of the Association shall be elected
annually by the Board of Directors at the first meeting of the
Board of Directors following each annual meeting of the Members,
as herein set forth in Article III.
Section 2. Any officer may be removed at any time by the
affirmative vote of a majority of the Board of Directors at any
duly called regular or special meeting of the Board.
Section 3. The President shall be the chief executive offi-
cer of the Association. The President shall preside at all meet-
ings of the members of the Association and of the Board of Direc-
tors. He shall have the general powers and duties of supervision
and management of the Association which usually pertain to his
office, and shall perform all such duties as are properly
required of him by the Board of Directors. The Board of Direc-
7
tors shall elect one Vice President, who shal1 have such powers
and perform such duties as usually pertain to such office or as
are properly required of him by the Board of Directors. In the
absence or disability of the President, the Vice President shall
perform the duties and exercise the powers of the President. The
Secretary shall issue notices of all meetings of the membership
of the Association and the BOc;lrd of Directors where notice of
such meetings is required by law or in these Bylaws. He shall
keep the minutes of the meetings of the membership and of the
Board of Directors.
Section 4. The Treasurer shall have the care and custody of
all the monies and securities of the Association. He shall enter
on the books of the Association, to be kept by him for that pur-
pose, full and accurate accounts of all monies received by him
and paid by him on account of the Association. He shall sign
such instruments as require his signature and shall perform all
such duties as usually pertain to his office or as are properly
required of him by the Board of Directors.
Section 5. Vacancies in any office arising from any cause
may be filled by the Board of Directors for the unexpired portion
of the term.
Section 6. Any officer may resign at any time by giving
written notice to the Board of Directors, the President, or the
Secretary. Such resignation shall take effect on the date of the
receipt of such notice or at any later time specified therein,
and unless otherwise specif ied therein, the acceptance of such
resignation shall not be necessary to make it effective.
ARTICLE VII
MEETINGS OF MEMBERS
Section 1. The regular annual meeting of the members shall
be held annually during the month in which the Declaration was
recorded at such time and place as shall be determined by the
Board of Di rectors. The purpose of the annual meeting is to
elect the Board of Directors.
Section 2. Special meetings of the members shall be called
within sixty (60) days of the turnover date, and may be called
for any purpose at any time by the President or a majority of the
members of the Board of Directors.
Section 3. Notice may be given to the member either person-
ally, or by sending a copy of the notice through the mail, post-
age thereon tully paid, to his address appearing on the records
of the Association. Each member shall register his address with
8
O.
the Secretary, and notices of meetings shall be mailed to him at
such address. Notice of any meeting, regular or special, shall
be mailed or personally delivered at least six (6) days in
advance of the meeting and shall set forth the general nature of
the business to be transacted, provided, however, that if any
business of any meeting shall involve any action governed by the
Articles of Incorporation, notice of such meetings shall be given
or sent as therein provided.
Section 4. The presence at the meeting of members entitled
to cast thirty-three and one-third percent (33 1/3%) of the Class
A membership votes shall constitute a quorum for any action gov-
erned by these Bylaws.
Section 5. If any meetings of the Association cannot be
held because a quorum ~s not present, a majority of the Members
who are present at such meeting, may adjourn the meeting to a
time not less than five (5) nor more than thirty (30) days from
the time the original meeting was called. At the reconvened
meeting at which a quorum is present, any business which might
have been transacted at the meeting originally called may be
transacted. If a time and place for reconvening the meeting is
not fixed by those in attendance at the original meeting o'r if
for any reason a new date is fixed for reconvening the meeting
after adjournment, notice of the time and place for reconvening
the meeting shall be given to Members in the manner prescr ibed
for regular meetings.
The Members present at a duly called or held meeting at
which a quorum is present may continue to do business until
adjournment, notwithstanding the withdrawal of enough Members to
leave less than a quorum, provided that Members representing at
least twenty-five (25%) percent of the total votes of the Associ-
ation remain present, and provided further that any action taken
shall be approved by at least a majority of the Members required
to constitute a quorum.
Section 6. The President shall preside over all meetings of
the Association, and the Secretary shall keep the minutes of the
meeting and record in a minute book all resolutions adopted at
the meeting, as well as a record of all transactions occurring
thereat. Roberts Rules of Order shall govern the conduct of
meetings.
Section 7. Any action required by law to be taken at a meet-
ing of the Members, or any action which may be taken at a meeting
of the Members, may be taken without a meeting if a consent in
writing setting forth the action so taken shall be signed by all
of the Members entitled to vote with respect to the subject mat-
ter thereof, and such consent shall have the same force and
effect as a unanimous vote of the Members.
9
" ,
ARTICLE VIII
COMMITTEES
Section 1. The Architectural Control Board shall be a stand-
ing committee of the Association. The Board of Directors may
appoint such other committees as it deems advisable.
Section 2. The Architectural Control Board shall be
appointed, shall serve and shall have the duties and functions as
described in the Declaration. A party aggrieved by a decision of
the Architectural Control Board shall have the right to make a
written request to the Board of Directors, within thirty (30)
days of such decision, so that the Board of Directors may review
such decision. The determination of the Board of Directors, upon
reviewing such decision of the Architectural Control Board, shall
in all events be dispositive.
ARTICLE IX
BOOKS AND PAPERS
The books, records and papers of the Association shall at all
times, during reasonable business hours, be subject to the in-
spection of any member of the Association.
ARTICLE X
AMENDMENTS
Section 1. These Bylaws may be amended,' at a regular or
special meeting of the members, by a vote of a majority of mem-
bers present in person or by proxy, provided that the notice to
the members of the meeting disclosed the information that the
amendment of the Bylaws was to be considered: provided, however,
the provisions which are governed by the Articles of Incorpora-
tion of this Association may not be amended except as provided in
the Articles of Incorporation or applicable law: and provided
further that any matters stated herein to be or which are in fact
governed by the Declaration of Restrictions and Protective Cove-
nants referred to herein may not be amended except as provided in
such covenants. Notwithstanding anything herein to the contrary,
the Class B Member as described in the Articles of Incorporation
of the Association shall be permitted to amend these Bylaws at
any time and no amendment of these Bylaws may be made without the
consent of the Class B Member.
10
Section 2. In case of any conflict between the Articles of
Incorporation and these Bylaws, the Articles shall control; and
in the case of any conflict between the Declaration and these
Bylaws, the said Declaration shall control.
* * * * *
I hereby certify that the foregoing Bylaws of the above-named
corporation were duly adopted by the Board of Directors of said
association in a meeting held for such purpose on this day of
, 19 ---
David Levy, Secretary
11
5H Ov~~ S;
P~S.J- ~
OF V-JQ ~L 131<-1 ({ I--! T
ftA. 137
'-'
pc (', T> '
DEDICATION
KNOW ALL MEN BY THESE PRESENTS THAT HOWARD R. SCHARLIN, TRUSTEE, AND HOME
DEPOT U.S.A.. INC., A DELAWARE CORPORATION LICENSED TO DO BUSINESS IN THE
STATE OF FLORIDA, OWNERS OF THE LAND SHOWN HEREON AS "SHOPPES OF
WOOLBRIGHT P.C.D."; SITUATE IN SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29, THENCE ALONG
EAST LINE OF SAID SECTION 29 NOl.34'16~W, A DISTANCE OF 1B9.66
THENCE DEPARTING SAID EAST LINE AND PERPENDICULAR TO THE PRECEDING
SSS"25'44"W, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.
THE
FEET;
COURSE
FROM THE POINT OF BEGINNING; THENCE ALONG NORTH LINE OF A 70 FOOT DRAINAGE
RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORD BOOK 2180 AT PAGE 308 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA SS9.50'25"W. A DISTANCE OF
451.98 FEET; THENCE CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE
S77"30'21"W. A DISTANCE OF 3S6.16 FEET; THENCE CONTINUING ALONG SAID NORTH
RIGHT-OF-WAY LINE SS5.45'32"W, A DISTANCE OF 120.S1 FEET TO THE EAST LINE
OF A SO FOOT RIGHT-OF-WAY TO THE CITY OF BOYNTON BEACH PER OFFICIAL RECORD
BOOK 3002 AT PAGE 916 OF THE SAID PUBLIC RECORDS; THENCE ALONG SAID EAST
RIGHT-OF-WAY LINE N01.33'47"W, A DISTANCE OF 43S.S1 FEET TO THE NORTH LINE
OF SAID 80 FOOT RIGHT-OF-WAY; THENCE ALONG SAID NOqTH LINE S88.26'13~W, A
DISTANCE OF SO,OO FEET TO THE WEST LINE OF SAID SO FOOT RIGHT-OF-WAY;
THENCE ALONG SAID WEST RIGHT-OF-WAY LINE SOl.33'47"E. A DISTANCE OF 442.55
FEET TO A POINT ON THE NORTH LINE OF THE AFOREMENTIONED 70 FOOT DRAINAGE
RIGHT-OF-WAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE SS5.45'32"W, A
DISTANCE OF 310.27 FEET TO THE EAST RIGHT-OF-WAY LINE OF LAKE WORTH
ORAINAGE DISTRICT CANAL E-4, AS RECORDED IN OFFICIAL RECORD BOOK 2146 AT
PAGE 176 OF THE SAID PUBLIC RECORDS: THENCE ALONG SAID EAST RIGHT-OF-WAY
LINE NOO.24'll~E, A DISTANCE OF 191.92 FEET; THENCE CONTINUING ALONG SAID
EAST RIGHT-OF-WAY LINE N20.54'51~W, A DISTANCE OF 513.92 FEET: THENCE
DEPARTING SAID EAST RIGHT-OF-WAY LINE NB8.26'13~E, A DISTANCE OF 453.50
FEET TO THE BEGINNING OF A NON-TANGENT CURVE HAVING A RADIUS OF 1743.74
FEET, FROM WHICH A RADIAL LINE BEARS S81.12'02"W; THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE, SUBTENDING A CENTRAL ANGLE OF 10.24'39", A
DISTANCE OF 316,84 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE HAVING
A RADIUS OF 1546.26 FEET, FROM WHICH A RADIAL LINE 8EARS N70.47'23~E;
THENCE NORTHWESTtRLY ALONG THE ARC OF SAID CURVE, SU8TENDING A CENTRAL
ANGLE OF 08.0S'13~. A DISTANCE OF 219.59 FEET TO A NON-TANGENT LINE;
THENCE ALONG SAID LINE N8S.26'13'E, A DISTANCE OF 1271.36 FEET TO THE EAS.
LINE OF THE AFOREMENTIONED SECTION 29 AND THE WEST LINE OF THE SEACOAS'
BOARD LINE RAILROAD RIGHT-OF-WAY AS SHOWN ON AN UNRECORDED RIGHT-OF-WA'
MAP; THENCE ALONG SAID EAST LINE OF SECTION 29 AND SAID WEST RIGHT-OF-WA
LINE S01"34'16"E, A DISTANCE OF 571.91 FEET; THENCE DEPARTING SAID EAS
SECTION LINE AND CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE SSS"25'44"W
A DISTANCE OF 50.00 FEET, THENCE CONTINUING ALONG SAID WEST RIGHT-OF-WA
LINE S01.34'16"E, A DISTANCE OF 290.00 FEET; THENCE CONTINUING ALONG SAl
WEST RIGHT-OF-WAY LINE SSS.25'44"W, A DISTANCE OF 50.00 FEET; THENC
CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE SOl.34'16~E, A DISTANCE (
250.98 FEET TO THE POINT OF 8EGINNING.
THE A80VE DESCRIBED PARCEL CONTAINS 34.21 ACRES OF LAND MORE OR LESS.
~".._----
---
EXHIBIT "A"
( OlZ)). IJ (), 84. ~ 0')
~ O[SCRI,tION: TRACT .,
.',
A POITION'OF,ILOC(S 45. 50 AND ~I Of LAK( 10Y"TON (STA1(S, 'lAI 1.
ACCOROING 10 lHE 'LAT TH(REOF AS RECORO[O IN 'LAT 1001 11, PAG( 51 Of TH[
PUILIC R(COROS OF PALH lEACH COUNTY, FLORIOAt' TOGETHlI VITH A FOAIION OF
HCIION 19, 10WNSHI' 45 SOU,TH, RANGt 4J U1 ,"AL,H U"CK COUNI1', HOItlDA,
HORl PARIICULARLY 0(5elll(0 AS fOLLOWS, , "
<O""("CI"G Al THE SOUTH[AS' CORNCR or SAID SECTIO~ It: TH~"C( S. Ie" OZ'
ll. w.. AlONG TN( SOUTH lIN[ Hf(R(Or, A DISTANCE or 1111.11 H(T: TH(WC[ N.
0'. 1J' 4}" v., A OISTANC( OF 12S.94 F([T TO AN INTEIS[CTION WITW THE NOIIK
llN[ or lHAl 10.00 rOOT ORAINAG[ IIGHI-OF-WAY, AS SHOW" OM THA' flOAIOA
OEPA.1H(HT Of llAHSPORTAllON RIGHI-OF-WAY HAP Of 1-95 (WOOl.IICHT A~("U[t
JO' HO. 91220-2411. SH[[I 21 AND TH( POINT OF I(GINNINC Of IHIS
_O[S(IllrTIOH; lHEII(E CON"NUE N. 01.))' 41" II.. SAro lIll[ HI"' fUarH(1
DESC~II[O AS eo.oo fEr' V(SI or AND ,AAALL[lIlITH. IHE [AST LIN( Of LOT
14. alOCK 51 Of SAID LAKE 80YNIO. (STAI[S 'LAT 1. A 0151ANC[ or 442.55 F(ET/
10 A POINI Of 1"'(ISEC'10" WITH THE NORTH LIN[ Of SAID BLOCK so; IHENC(
HORTHW{STEILY ALONe TH( ARC Of A cuaVE TO THE lEfT HAVING A lAD IUS Of
1150.00 fEET, A CENTRAL ANGLE OF I'. l":34~. AM A~C OISTANCE )51,0) rEET:
tH(IlCE S. 88. 26' I)- W., A DIST~ICC['O[ tel.a7 f[n TO A POIIIT or
I~T[Rs[crION VI~M TH[ [ASTERLY RICHT-OF-IIA~,'t"E or THE LAlE WORTH ORAIIIAGE
DISTRICT CAHAL E-4 AS OESCRI8EO IN QUIT~CLAI" 0[[0 lO-LAtE WORTH DRAINAGE
DISTRICT AHO RECORO(O IN OfFICIAL RECORDS BOOK 2146. PACE 116, or TH[
PUSllC RECORDS or 'ALK lEACH COUHTY," FLORIDA; THENCE S. 20- S4' SI- E.,.
ALO~G SAIO EAST RIGHI-OF-VAY LIKE! A DISTANC[ or 650.68 f[ET: tHENC( S. 00.
24' I I" W. COIITIIIUINC AlONC SAID EAST RIGHt-OF-WAl LIME. A OISlAIIC[ Of
191.92 fEET TO A POIIIT OF INrERSECTIOH WitH SAID KoalH LIIIE or WOOL.aIG"1
ROAD ORAIHACC RIGHT-Of.VAl; tHEHCE K, 8S.'45' 32" [., ALOIIG SAID NORTH
llllE, A DISTAIICE or 310.21 F[Et TO THE rOINT Of BEeIMNIHG.
SAID LANDS SITUAT( IN BOYNION lEACH, rALH lEACH COUNTY, fLORIDA.
COIITAINING 7.0000 ACRES, HORE OR lESS.
(
LECAL OESCRIPTION: MTRACT 2M
, A PORTION OF SECTION 29.. TOWNSIITP 45 SOUTH, RANCE 43 EAST, PAlH BEACH
COUNTY. FLORIDA AND A PORTlalOF "LAKE BOYNTON ESTATES PLAr )N, AS
RECORDEO IN PLAT BOOK 13, PAGE 53 OF THE PUBLIC RECORDS or PAlH BEACH
COUNTY, FLORIDA, AND BEING HORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT litE SOUTHEAST CORrHR OF SAID S[(TIO'I 29, TO....NSHIP 4S
SOUTH, RANGE 4) EAST; THENCE N. 01- 34' 16" W., ALOIIG THE EAST LINE OF
SAID SECTION 29, A DISTANCE Of 730.64 fEET m n( SOUTHEAST CORNER Of
LOT 4, BLOCK 47 Of SAID "LAKE BOYNTON ESTATES PLAT 3M AHD TH( POINT
or BEGINNING OF THIS DESCRIPTION: TIIENCE S. 8B. 25' 44" '01., ALONG THE
SOUTH LINE THEREOf, A DISTANCE Of 50.00 FEET; THENCE S. 01- 34' 16" L-
ALONG THE EAST LINE OF LOT 2, BLOCK 47 AND LOT S BLOCK 48, A DISTANCE
-OF 290.00 FEET TO THE SOUTHEAST CORNER or SAID LOT 5; T1IEHCE S. 88-
25' 44M W. ALONG THE SOUTH LINE Of SAID LOT 5, A DISTANCE OF 50.00
FEET; THENCE S. 01- 34' 16~ E. ALONG THE EAST LINE or LOT I, BLOCK
48 AND LOT 6, BLOCK 53. A DISTANCE Of 250.9B fEET TO AN INTERSECTION
WITH THE NORTH liNE OF THAT 70.00 FOOT DRAINAGE RICHT-Of-WAY AS SHOWN
ON THE rLORIDA DEPARTHENT Of TRAN5PORTATla~ RIGHT-Of-WAY HAP Of 1-95
WOOLBRIGHT AVENUE) JOB NO. 932Z0-241I, SHEET NO. 27; THEIlCE S. B9" 'SO' "
25M '01" ALONG SAID NORTH RIGHT-Of-WAY LINE A DISTANCE Of 452.00 fEET;.
THENCE S. 17" 31' 21" w. (orHINUING AlONG SAID NORTH' RIGHT,Or-IlAY
LINE A DISTANCf OF 386,16 fE(T; THENCE S. 85.45' 32M \r. CONTINUING
AlONG SAID NORTH RIGHT-Of-WAY L1HE, A DISTANCE Of 120.81 fEET'; THENCE~
N . 0 I. 3 3' 41 " E. A LOll G THE EAST L1rH Of LOT I 4 , BLOCK 5 1 A H 0 LOT 1 4 .
23, BLOCK 50 OF SAID "lAKE BOYNTON ESTATES PLAT 3", A DISTANCE Of
438.81 FEET TO A POINT Of CURVATURE AT THE. NORTHEAST CORHER Of LOT It'
OF SA10 BLOCK 50' THENCE NORTII\.IESTERLY ALONG TltE ARC OF A CURVE TO THE
LEFT ~AVIIIG A RA~IUS OF 1830.00 FEET, A CENTRAL AIIGLE OF 17. ]8' SO.,
AN ARC DISTANCE or 563.64 FEET; THENCE N. BR- 26' 13" E" A DISTANCE
or 5 7 3 . 0 I f [[ T TO A PO I N I 0 F CUR V A I U R E ; T II [II C E A LON G TIlE ARC 0 r A
CURVE TO THE RIGHI HAViNG A RADIUS Of 1000.00 FEET, A CEHTRAl ANGLE Of
10. 0' 04" AN ARC DISTAIlCE OF 186.77 fEET TO A POINT or REvERSE
CUR V A T U R (. TilE N C E A LOll G THE ARC Of ^ (U R V E TO THE LE Fl II ^ V II. G A RADIUS
O'F 1000.'00 rEET, A CENTRAL AIIGLE OF 10.42' 04", AN ARC OlsrAIlCE OF
186.17 fEET TO A POIIIT Of TANG[llCY; THENCE N, 88.26' 13" L, A
DISTANCE Of 193,30 HET TO A rOIlH OF INTERSECTION WITH TlIE EAST L111E
o r S A IDS E ( T ION 2 9 ; TIlE N C E S, 0 1" J4' 1 6" E. At 0 fj G S A I 0 [A SIll N ( A-
o 1ST A /oj CEO F ) 5 0 . 00 FE E T TO THE PO I N T OF C E GIN III N G .
SAID LAIlOS SITUATE IN BOYIITOII BEACH, PALH BEACH COUNIY, fLORIDA,
CONTAINIHG 21.8455 ACRES, HORE OR LESS"
'-.....
SUBJ(CT TO [A"EH[NT:; AIIO R!G1tTs,or-'olAY OF R[CORu,
.~... r .~~~...~
"
~ - ~--,
IN THE CIRCUIT COURT OF THE
FIFTEENTH JT:1DICIAL CIRCUIT OF
FLORIDA, IN AND FOR PALM BEACH
COUNTY. CIVIL ACTION.
TRADEWINDS DEVELOPMENT CORP.,
a Florida corporation,
CASE NO. CL-86-3661 AE
Plaintiff,
vs.
THE CITY OF BOYNTON BEACH, a
Florida Municipality
.'
/
,,~ ,..,...,-{'"t1~D
OR ~._' -~.Il "t:( J;.j ;
Qel so SI
erN ATtORr<~E<
Defendant
JOSEPH MOLINA and LAKE BOYNTON
ESTATES HOMEOWNERS ASSOCIATION,
INC. ,
-
Crossplaintiff,
-
vs.
TRADEWINDS DEVELOPMENT CORP.,
by its agent, KERAN J. KILDAY,
and THE CITY OF BOYNTON BEACH,
Crossdefendants.
/
r,
STIPULATION AND ORDER BETWEEN THE PARTIES REGARDING
COMPLIANCE WITH COURT ORDERS
DATED OCTOBER 21, 1988, AND JANUARY 27, 1987
The parties, TRADEWINDS DEVELOPMENT CORP. and CITY OF
BOYNTON BEACH (hereinafter TRADEWINDS and CITY respectively),
have entered into the following Stipulations relating to the
Court Orders dated October 21, 1988, and January 27, 1987, and
have agreed to the following, which the parties respectfully
request the Court to adopt and the Order which hereinafter
follows:
1. TRADEWINDS and CITY agree to fully comply with the Order
approving Stipulation and Settlement dated November 6, 1986
and Judge Rudnick's Order dated January 27, 1987.
,
2. The parties recognize that the Department of Community
Affair's
( DCA)
review
of
amendments
to
the
1986
Comprehensive Plan would be advisory only.
3. In order to effectuate compliance, the parties agree that
this Court amend the 1986 Comprehensive Plan of the City of
Boynton Beach DYn& pro tunc so as to grandfather the
"Tradewinds Project" into the 1986 Comprehensive Plan. The
....
..
TRADEWINDS V. CITY OF BOYNTON BEACH
CASE NO.: 86-3661 (CL) AE
"Tradewinds Project" will therefore be deemed vested as to
the Amended 1986 plan as set forth above, with all vested
rights (including but not limited to those impact fees and
traffic standards in effect as of November 6, 1986) as
.....~
contemplated in the original Order approving settlement
~
dated November 6, 1986.
4. The CITY shall continue to proceed with due diligence to
rezone the PCD, and the City shall amend its 1989
Comprehensive plan on final adoption so as to make the
language in that plan at least consistent with the 1986
Comprehensive Plan as amended by this Court.
oc~ober 31 . ,1989
Dated
ROBERT D. ON, ESQUIRE
SLAWSON N & CRITTON
suite 30
712 U. S. Highway One
North Palm Beach, FL 33408
Attorneys for
THE CITY OF BOYNTON BEACH
F. PERRY,
1665 Palm Beach
Suite 1000
West Palm Beach, FL 33401
Attorneys for
TRADEWINDS DEVELOPMENT CORP.
AND
STEPHEN N. ZACK, ESQUIRE
ROBERT C. LEVINE, ESQUIRE
Courthouse Center - 26th Floor
175 N.W. First Avenue
Miami, FL 33128-1817
Attorneys for
TRADEWINDS DEVELOPMENT CORP.
ORDER ON STIPULATION
THIS CASE came before the Court on the above Stipulation
dated October
, :989, and having heard argument of counsel and
being fully advised, it is hereby ORDER and ADJUDGED as follows:
1. The stipulation is hereby adopted and incorporated into this
Order in its entirety.
2
.i::z:.;,::-.,:,::::-~A..~_'_ "'__.-._ _ __..
TRADEWINDS V. CITY OF BOYNTON BEACH
CASE NO.: 86-3661 (CL) AE
2. The 1986 Comprehensive Plan of the CITY OF BOYNTON BEACH is
hereby amended as of November 6, 1986 nunc.pro tunc so as to
include and grandfather in the TRADEWINDS proj ect. The
TRADEWINDS Project is deemed to be fully vested as of
"-~
November 6, 1986 with all rights as of November 6, 1986,
including, but not limited to, those impact fees and traffic
standards applicable on November 6, 1986, so as to comply
with the Order approving settlement dated November 6, 1986.
3. The parties are directed to comply with all terms and
conditions set forth in this Stipulation and adopted into
this Order and set forth in prior orders and stipulations,
except for any DCA re~iew.
4. The Court retains jurisdiction of this cause for such
further orders as may be required.
DONE and ORDERED in chambers in West Palm Beach, Florida
I
this
day of
1989.
.,~ I' 'j'
"',,~ 'I.}'.. ~.
,-." .' .
: l'
C RCU,l~. ifJJD<;?E, .. "
~i~J;,~.: ;'..h ';' ','
\
"
3
TRADEWINDS V. CITY OF BOYNTON BEACH
CASE NO.: 86-3661 (CL) AE
SERVICE LIST
Tradewinds v. City of Boynton Beach
Case No. 86-3661 (CL) A
,~
Raymond Rea, Esq., City Atty.
City of Boynton Beach
P. O. Box 310
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
stephen N. Zack, Esq.
Robert C. Levine, Esq.
CourtHouse Center - 26th Floor
175 N.W. First Avenue
Miami, FL 33128-1817
F. Martin Perry, Esq.
1665 Palm Beach Lakes Blvd.
suite 1000
West Palm Beach, FL 33401
r.,
John Beranek, Esq.
501 South Flagler Drive, suite 503
West Palm Beach, FL 33401
Terrell K. Arline, Esq.
prosperity Gardens - Suite 204
11380 Prosperity Farms Road
Palm Beach Gardens, FL 33410
Joe Reiter, Esquire
Northbridge Centre - loth Floor
515 N. Flagler Drive
West Palm Beach, FL 33401
'-;:r. n1 ;CA.o...,) 73 u-fZ.h11f1'/ I ~o
7 ('2... u S j.}...J 1 -II .1-
~..k 300
JJ P6, 1-<, '3~"'o~
'"
4
'....
\. ,,'
IN TH.:" CL ~~ COURT UI- JIll"
15TH JUDICIAL -'fkCUl r, IN I.NIJ
FOR ~'ALM [tEACh CUUNTY, ~ LuH J uJ~
.~
CASE NO: 8~-3bbl eCL) A
,
"
fL~RIDA bAR NO: 005419
TR~~EWINDS DEVEL~PM~NT~
COHl,,'uHHTION, b"y Its ~glPr.t,
Kt:: RAN J. K 1 L.DAY,
P 1 ~ i r,t iff,
. .
'1'.1;
TH~ CITy OF BOYNTON DEACH,
De rerldar,t.
------------------------------
I
SrIPUL.ATtON AND S~TTLEMENT AGREEMENT
TRAOEWINOS DEVtLO~MENT CORPORATION and THE CITY OF
EtOiNIUI'l Ett.::ACH,
by and throygh their under.igned .ttorneys, ~'t.r
5.ttl.M~nt ~pprov~l by the City C~uneil 0' 'H~ CITY OF &OYNTON
&:t~;'.CH, h~t'eby .tlp'.llate .iY,d Agt.e. .."o11ow.z
1.
TRADEWINOS OEVELOF'MENT" CORPDHATION,
(her.l na ft .,'"
,'Qfer"t-ed to .as "TRADEWINOS") i. the d."elope," of & pAt.cel .:.f
pr.:.pe,'t y l':'CAt ed i rl tho c; i ty'.o' Boynton BeACh, Flc.rid...
..::.
In
J .YI'.lcU-Y,
1 '986,
TRAOEWINOS subMitted ~n
~ppl1c~tl~n to tho CITY OF ~OYNTON &EACH (h.reln.fter referred to
...5 the "CITY") to .'.:.:>1"1& a p.,"cel 0' p."'operty fro'II R-1A ttilrlglQ
'.a'"ll1y t"esldentlAI)
And R-3 (Multi-fAMily reGiden\i.l)
t ':0 a
PI,;ar,r,ec.J Ul"llt Develop"l.nt.
Thi. .pplic.tion and property .h~ll be
,'wf.,','ed t.:. h.r-vuo, ... thIP "Woolbright Pl..c. P.U.P. ".
3.
On MA.-ch 1 a,
1 '906,
the CITY denied TRAD~WIND5
~ppll=~tlon to rR=o~e the "Woolbright Pl..ce P.U.D.".
4. As a .'esl,llt o:,f the City'. dereiAI, TRAOEWINUS riled
~ C':'(,lpli\lrlt ":'1' W.-lt .:.f Cel-tlo:.,-ari Ag.ir.st the CITY .:.n Apt-ill",
13a~ whlCh IS the sYb)ect Matter of this .tipyl.tlon.
5. Jr. i\ddlt lc.r., .:.r. Apri 1 1, 1986, TRADEWINDS ."lbr.litte-to
tA~. tAppllC~t l.::.n t.,:, the CITY t.:. rez'::lne . pAt'cel .::.f prop.,..ty f'''':''I' H-
lA
( ~ , r. lJ 1 Cl f i\ It, 1 1 y '" II '- 1 d""1 t I C\ 1 ) ,
R-3 (Myltl-f~Mlly r..ad.ntlblJ
c:" ,..r] \.. -.;..
(~.e' ljl'b,:-,'J-..;..:.d C'.".II.l(H'C 1...1)
t .:. oil J:' 1 a r, rle d
C.:.roHIU.."'C 1 Cl J
Deve 1':'!J"ler.t
( ~'. C. D. ) ,
ThiS p,'.;:.p",-ty arId app11c-'\t 1-:'1", 5hall bu
'"Cf.:>r"'C.'''l t.:. as th~ "W.,.:olb'",ght C~rlt~" j:'.C.D. ".
EXHIBIT "A"
. .
(.
b. by this .tJ.J~11c-'tlC.rl,
.)
THHL>t::WINlJ~ Alt..;" r.':",lght
c.'
1- .
ch.,H'41.' HI the City's C':'h'J"'E.'Il~r"';'IVIP lA"ld U5e plan.
7. ThlP W':lI:.1bt'IQht Cerltv... P.C.U. .ppl,ICAt.1C'''' p,"og'''lfssed
,
;.
( th"':",I.Qh thv PIA...,r'lrIQ ar.d l.:.rllng Conuni..lons arId the vAriolJs b';"#l'-U
.~
Cc.,."sldIPr-.t 1I::.r.. nltcw55ar-y ',1 rId.... the City'.
ord i "'1~"lce.
Thw
....
W.j.:olbr-q~ht Ce...,t.,- ~'.C.O. .ppl1c.tlon WA. .v....t'.lAlly .ch.dIJl.d t'.~r
flr,,",,1 c.:.r,sldwr"tlc,rl blP'.:,t-" the City Co..,nc:il c.n July llt,- 1986..
8. At the c.:.r.cl'JS1C'l"'1 of the h..ring on July 14, 1';)66.,
.
th~. C1ty Council voted to postpone and tabl. consider.tion of the
W.:..:.l b,' 1 gh t Csr.t 11'- P. C. D. app 1 i cat ion U"lt 11 the 1 it i gAt ion of the
.
&-1.:..:.1 b'-l ght ~'l~c. P. U. D. .appl1cat ion wa. terhurlAted.
~. SybseqYllnt th.r.to, on Sept.Mbe... 3, 1~a6t th. Clty
,-.)ect~d a cowprehensive 5ettleMent o".r M.de by TRADEWINDS to
th.,. CIty.
TRAOEWINDS treat.d the rejection of it. ..ttl.Mu~c
.:.ft~,' by the City CC'l.lrlcil a.. d....i.l of the WoolbrIght Cent.,-
'.
P.C.D_ .pplicAtlon And o~ SepteMber 19, 1986., TRADEWINOS 'iled an
<i'dcJ It ,.:.,.,.1
Writ o~ Certior.ri in thJ. action to includ. th"
de~lal ~f the WoolbriQht Center p.e.D.
.appl icat ion.
an Oct.:,be,"
7,
1 '~de.,
the CITY .gain con~id.red the P.C.D.
.ppl1C.t ion ar,d
vot~~ 3 to a to deny it.
11).
Subseql"er,t
t he,-.to,
.:.r. Oct .;:.b.," i:O,
1 ~uc.,
TRHDEWINOS,
by
and
t h t";"'.lQh
it.
.t to,"y.ey,
.ubl,' it t.d .
A
CC",lp,'whvr".s i 'V. ..t t l.r"....t
prc,po..l
to the city ..ttling .11
r"a t t 9r'5
In controve~sy and litig.tion b.twe.n the City and
T RADEW 1 NOS.
Th. 5ettleM.~t propo..l wa. contained in. letter
d~ t ed flt,q;p.lst
al),
19a~ frt,)nl F.
Mart in Perry,
.tto,-r,ey f.~,"
T~~GCWINOS DEVELOPMENT .CORPORATION,
to Kirk Fri.dlAnd,
6pecla.l
C 1 t Y '"" t t .:.,-,.,ey t .:. THE: CITY OF BOYNTON BEACH.
A copy of sald
1 E::tte.-,- ,,11.:.,..g With the er,cl.;..ur.. the~c.tc. i5 .att.chwd ha,-etc. ~
EICh1lHt "AU and 1S speclflc.lly inco"p.jrated he,-sarl by ,-.fu,-er,cu.
11. 0"1 .:.,- abt;.ui: Octc'~Clr 21, 1986, thlP City C.;:,unca 1 .;:.f
THE ClfY OF 80YNTON GE~CH hvld . r.g~l.rly schedyled Meeting .t
wh 1 ch t l,.le 1 t C.:.r,s 1 de-I'ed t he Get t 1."'Clnt prt;.p.:.~a).
1 :.
-.
..:It
thi'l:
t 1101~,
a Motion was Made to accapt
the
'::oet t J .:-It,,-",.t p"r.'p':'~i'l ..\s !..L't f.:.,'th Irl the Octo:.bel" 2':1,
1 '3iJC:.. 1 Cot t "'.'1'
ClI.:.,.!) wlth th~ -'ddltl.~.,.....l l'l...q'.111'e",er,t th.:\t thu tw..:. ':".,t-p..\r'ct:l~ Ll:
lr,cl'loed 11'. the: W.:..:.lbl'aglol Ll.."tur- J:'.C.D. .i\r.d tho1t thvy be lUlIJtfftl
i:
~ --
, ./
. f.:.,.
',IS.
by .. b..r,~
J
lrlstltutl'::''-. .r,d " -',..llty sit
d.:.... ",
r. est lIil'j'..a r. t .
F'j,-th..,.., the l.l~. of the Ol.lt p..,.c....ls f ':0 ," . f.st f.j,:..j
,.e. t i\'J'''a rlt
wlth drivC!-lf. Hinde,.... was VMp,'.w.aly
;.
p'-C,h 1 Lll t ed.
A t r...r,.C'.l pt
,~t. thft
p.ar.t .::.f the M..t1ny de.lirlg with
thll
.. t t 1.,.,.rlt
pt.opr:,...l
1. .attAch.d h.r.to ..5 ~)(hlblt "S" .'-Id
110
splPcif'lc:al1y Inc:o,.p.:,rated hlU".ln by r.'.renc..
,
13. The Clty Councll by . 3 to ~ vote acc.pted thr
se t t 1 e,.,erlt
p,'.:'p,=,sa 1 as Sift t'o,-th in the pctobe," '::0,
1 '38~ let t.r'
".':"1' TkAOEWIND~ .alorlg with the Addition.l '..quu-.r".nta th..t thl>
two out-p.arc.ls be includ.d in the P.C.D.
.nd th.t
they bE'
1 1 Itl 1 t e d
for u.e by A b..nklng lnstttution .nd . qu.li~y .it dow~
,-.~t oil'J,'~r,t.
Further, tho use of thD out parc.ls for .. fast fQod
r.~t~urant wlth drive-in windows w.. .xpressly prohibited.
14.
The Motion by the City Council to acc.pt
tt\s-
!>et t 1 e",er,t
propos.al i\~ong wi~h the additional
,.equ I rr'I,....t.
concerning the two out-p.r~el. WA. in ....nc. . count.roff.r of
set t 1 "'Iler,t.
The terM. of ..id count~ro'f.~ w.r. .xpr...ly .gr.ed
t~ and accepted by TRAOEWINDSftthrough ~ts coun~81 at the October
'::1. l~ee. ",eetll''',g in, .videnc"ed by the tr."lscrlpt of s.id M.~tir,g..
15. A. such, TRADEWINDS and the CITY her.by accept and
.l\9,.e.. to the t.rrl'. c', the l.tt..... d..t.d Octob..... 20,
1906 frorfl F.
I~..".t 1 (I ~..u.t.y t.:o Kirk Fr"utdland,
Att.ch.d her.to An Exhiblt
"AU.
a~ aMended by the Motlon.
le.. TRADEWINDS a~d th. CITY hereby .ccept and approv.
the M~5ter pliln Att.ach.d to the .bove r.f.rred
1 et t .,- ..rId
identified .as th.at certain m..t..... pl..n prep.r.d by Kilday .and
A~SOC1.t.5 bearinQ dril~ing n~Mb..... a~-34.
1.st r.via.d on Octob~r
1'3,13t3E..
17. TRADEWINDS shi\ll
b. r.quir.d and agrees to lnclyde
.,
the two oyt-parc.l. .nd to liwit
1 r, t h l:? \..1':":0 1 b,. 1 !-}h t Cer,t IU. 1='. C. D.
thr:-l"
'.I~e
t.:.,. a btilr.~I(IY i..,.tit....tic.rl Arid.. Sit d.:.wn qe.'iI!lty
l'tI. t .:'\tJI'olr,t.
I: ',II' t h Q " .
th" IJ.. of the O'jt p.,.col. t.:.,- . tdk.t f.;..;.d
"t?stc.'.II'ar,t wlth dl.1ve"lr, w1r.d,:.w. i. hvr.eby IPHP"IIssly p,'.:.hlb1ted.
1 e, F.:.,. P'.II" p.;..... t?!a .:. f' c 1 oil ,. I f 1 cat lor, oJor.cJ C.;.,.,vEln 1 e r.ce... \. he
t e,'hIS set f,:,,'t h 1 (, t hE" Oct .:.ber' 2'>,
1'306. lette,' fr"'=.'r.' F.
M..'I't 1 r.
J:.C',.,.y t,.,". OJ. \ ,,,,. 1::','\L'dl..,.,.,'I, I 11
,.-. ......,. "''',t ..'cl'.~ed t.:. he"fl\r.. ar.e a~ f.j .:.wc:.:
3
~.
,..
IL l.11 I LH r
~"LHL:E. ~'. L. LJ. :
- . h w 10' oil ~ l L'"
fJ l..H.
. .
.
~tt~r.hC'lJ tu:,nd.:. ~H',d ilpp,'.:.veLJ by the pat-tl.. t-etlect.:
1 A total ot 5~O dwell1ng units located ~~
.
8~..:.d7E. .c,'es which IrQJ:lates t.:;,. gross density.of 6.00 dwelliYIQ
(
.
ur,l t ~ P"t- Acr-..
2. A det.ched ~ingle fAmily houaing t....ct
conslstlng of 70 single family dw.lling units,
. ..nd piYI.
.
.
ptO"IP<sel'vc\ t 1':'''' at'ea C\r,d a 3_ 76 ac,-. e'p.n apAcel pas. i v. r.c'....t i .:.n
atO~cl "'I-appad a'-':".u.,d that p,:.rt ion of La~.. .Boynt.:>n Est.tes which
b.:.,'ders the rl.:.r-t h p.-r..pe,.t y 1 i Y.. of T.....d.wi nds.
3. A 4.5 acr. lake, .ingl. t.Mil~ hOM.S, and
a\ !>C\r.d pU'.. p,.ese,-vAt i.:.rl Mr-.. as w.l'l .a . 50 foc.t be'''Ined, fenced
b,~r'tQ" a,-..a between ':'.11'1 Beach L.isl.lr.vill. H.::.n,.s lylny .dJac.Ylt
t.:. the S. W.
8th Stre.t right-of-WAY and Tr..d.wind. proposed
,~ r. 1 t ~.
.
4. ]he reconfigur.tion of S.W. 8th Str.vt to
CI.".t:.Q .. T 1r,t.,...ct 1':'''1 within the P.U. D.
5.
,
The MUlti-f.Mily housing,
which will be
111111 tli:!d t.:. t....:- arId th,-ee ..t.;.,-y c.:.ndominiuhls,
is 9Yb5t~ntlally
~epC\t'i\t ed
by ~lngle faMlly hOM.. frOM the ainglR f~Mily hc~.s 1n
Le 1 S '.u-ev Ill.. and La~". a.:.yrlt .jn Est.t e..
fe.
INDUSTRIAL ACCESS ROAD AND NEW
RAILWAV
CROS'.iLNG:
The
u'ldu.t,-ial .cces. t"c..d .rld new r.ilway c,-01uli...g
sh~ll
tie
lOCAted
AS ,-.co'l1ln.Yld.d by
Tr.dvwl...ds
tr..r'l=
C':'''' '>it '.1 1 tar. t . .
M'.l,',-ay-D...dwc:k .nd A..oc: 1.t.. ....d e.,-t':ln-A.ch'lhlr, &
~~&.;.c 1.t Q~,
A~ reflact.d on the .tt.ched m..ter plAn.
"11.
"oi'llr..:.ad c,-,,:.ssir,g at Oce.r, O,-iv. sh.ll be closed.
TRAOEWINDS
Shall Withdraw Its objections to Mrs.
Winchest.r'. cOMprehen51v~
p1c:'\r". C\,.,er,d"uu..t .."ppl iC4i't i.:.r, 1'.:.,- the rOAd And the ct'ossing.
c.
WOOLBR I GI.rr CENTER P. C. O. I
."
TherR shall be a
t.:.t..\l .:.r 1':3'3,(11)') sql.t4i','e feet c.:.nsistiYIQ of 173.t)Oc) squar. feet .:.f
IO\:'lc\11
C\r,d .::E., (":") SQ....l\1.8' feli't ,,:.f of f 1 ce p..,.,k.
Th i. '-ep,-p.~p.r,t !.
l';I'J,':",":' sq...,oe feet .:.,' ~'.C.D.
'In .::'J.64 ACtOaSt which eq.....t.s t.:.
1~. 4-' ~ 1 t u c,,:.vc":r-."lge.
D. CON~lTIONS OF APPROVAL OF P.C.O. ~nd P.U.u.:
1. rnAOEWINDS .hllill be b':"Jr.d .:.r,ly by thEt
5.100./.
~I~r. Sl,.~,.t c.:.,.,.1(J.... Hll)l"I"h'y R"Q'.II,'eh,er,ts, Fal'- Sha.'e I"'n~ct
4
.~
\ . I'
...."
.J
.
F-..~~
arid C,:.y,clIJ51':'('!. c;.l"t ;.:.,.th c.n page. 25-2tJ lr,clIJ51V. ~.f
thl>>
T " ~ ,: r 1 C
IMpAct ~naly~lS keport on the over.1l WoolbrIght Ro.d
(
5. w.
tlt h St I""e..t p,-,:, )a'c t 5 p,-epoiwed or. Ap'-Il 1,
1986 by O~ni..l N.
M '.1 " " .. y ,
P. E...
And .,(1 .:.th.r. APplicabl. (;.,-dlr,A"'C." of the City.:.,
....
Et':'Yr",t.:.rl ~."ch t'.l"t ir,g t.:. the d....,elc.p,n.Ylt c., the .it...
2. Thi. .tipul.tion And ..ttleme.t .greeMent
"!>>hc"11
be sYbJect only t~ the condition.
in the Mur~ay-Oud.c~
,'~p.:.,.t
~s descr~bedher.in,
.nd .11 other ApplIC.bl. ordinancen
~f the City for developMent of the .ite.
In this l.tter rV5pect,
~
T"CldeWIY,ds Ackn.:.wl.dge.. that the City c.rtn,:>t bind P.tr., &each
Coynty a.. to It. Fair Share Traffic IMpAct Fe. Ordinance and thAt
TI-,HJffW 1 rld~ shall
be 5YhJect to the CoYnty'~ lMpleM.nt.tlon or
t h '" t .:.r-d 1 r,ar,c:e.
3.
Th. City agr.es to .uppleM.nt
.. y,tI / -:0. ,.
i\r,lcr,d the City'" C':",lp,-vhensive Plan A,.lendhlenta aY,d ev.luat lor. ..lY'l::I
('
. '
be.n. .ent ,to the DepartM.nt
of
.a p p ,- A I SA 1
repo,-t
which have
C':'flllll'Jr',lty Affai,'s with appropriate dOCUMentation to r.flect the
~greeMents conteMpl.ted harein.
. -
~. To the e"tent that ordinance. May b.
r-Rq ',lll'.d
to iMpleMent ..ny of the.. .ction.,
the City Agruee to
p" eo pi'" ~ '" r.d
adopt ~ny ",~d ,,11 ordinanc.. n.ceS.Ary to iMpleMent
the te'-flls .:',. thl. settleM.nt.
E. Th. part i.. .gre. to ..ek An Order frOM tho
c.:.,,,.t
confirMing .nd ratifying the .gr.ement.
The Cou,-t shall
,." t ~ 1 r,
)yri.dict1on over this Matter and the pArti.. to in.u~e
that
both partie~ adh~re to the terM. of this .tipulation and
settleMent .agrevMent.
F.
Tr'.deWlnd. Agr... thAt It w111,
""
1. R.i01bu,,-.e the City foJr aYIY AYld a"ll
ilt t.:.,'r'E'Y5
fees ilnd eKppn~e. lt hA. incurred l~ conjunctIon with
thl':' per.cJ1r,g lltig.."'\t1':'''' wlthirl ten (I')) days of the .-Rceipt c.f oar,
lr",v':'lc:e s'.tbseq'.lftr".t t.:. the ':\PJ.,-c.v.l of the P.U.D.
il6 c;:.rltltrllpl&.'t~d
h co , . ~ 1 r"1.
.::, DellVet~ '"' full .rld co:",'pletv ,'.lease ,,":"h'
T,' cH1 eo", I r,d s,
lts -:.fflCt.."'S,
d 1 r'ect .;.,'5,
5 t .;oc~h.:.l der'5,
erllp 1.:.ye'~'3
~ r.C; /.:."
~g~,..ts ~r.d l't,:P"t:"~L'I.t.i\tlves i\S to:. .ar.y ar,d all
~ c t I .:. 1", !a
":I'~
....
oJ
p
. ..~--
.- -'-"...
.:. t
.
~'"' ~ l.:.rl
wh I Ch \ t .:.,.. th..y hl.y .JVII
. g .. I 1'1. t
thw
Llt.y
..nO I.:.,. ~r,y .:.t ItS .:,rrlCli'lS, ti!,'pl.~yees, con51~ltarlt5 arld/~.'~ aqU"ft~
(
.,.. 1 S 1 1', U ~. ',I t ,. t the P. U. 0,.
i
t .:. t h~ C 1 t Y IJpor. T,'aq~w lrlds ,.ece i pt C., t h" ,.eq.'.li sit e flKecut ed
app 11 cat i c.rl..
ThiK ~hall bit delivered
.:.r.d 1 r',ar,cEtS .;:..f apP,..:,vAl. arid sit. p la-f"J approvAl
i Y. eC'YI f ~.rhl i t Y
he,..,w.th.
Thll
,.&le.s&s .hall
be held
in escrow by the
1,1 rid 4il '.'51 g rled
,rIrld
delivered to thm City in accordance
with
..
thIs.
p,..:.v 1 S . .:.,., ,
A pr..:.p.jsed t.:.,.,., loa Attached h.,..to A" t:::Mhlbit "C.'.
~. Deliver A full and cowpl.t. rel.asu troM
rr."'dcw 1 r,d~t
i t '3 oj f f ice r. '5,
d i ,.ect 0'..,
st,;)ckholder.:
efl'p 1 ,:,y,Jt!!.i
Ar"ld/.:.r. .-gor,t. .aYld ,.ep,"..er.tative..,. to a"l)' Arid all actions .:,,"
C.Y58~ of Action whlCh it or th.y mAY have AgAinst
the CIty
i'r',cJ/':'I' ,rIr,y .:.f Its o:.fficlals, e,npl.:.y.es, cc....sult.rlts ....Id/.:.r ag.nt"
a,. I 'S 1 r.q ':''.It P. C. D.
.appl.lcat ion..
This sh.ll be dellv.~ed to the
City upO~ Tradewinds reC~lpt of the requi.lte vH.c:ut.d ordl...~~c..
'.
.:. r
o.lPPI..:.v.al .ar,d .it. pIa... Ilppr':'vAl in con'ormity h.r."uth.
Th.
:1
'.
by th..und.rsigned and
del i v.,.ed
'.Clle,rl~e shoall be h.ld
II'I ..c,..:....
t .:.
the Clty in accordance with this provision.
A pr.:,pos.d f':'i.'I'
1 5 ~ t t c\ c h e d her eo t c. as EM h 1 b i ~ " D" .
G. Th. approval. contempl.t.d h.rein a. to the
C.:.',lp,'eher.Slva P1Arl A",.ndr.lent "nd th. p.e.D. sh.ll be sub.ject ~y.ly
t.:. tho 51.\cce..'I.ll '.eVl.... c,f ,the Corl1p.....h.n.iv. F.l~n Ar".ndtl1....t. by
th~ Dep~rtw.nt of COMMynlty Affair..
....1J.~ FrlvdlArld, Et>q'.nre
At t .:.,'r..y "'0'. Def.r.dar,t,
Tn. CIty of eoynton ~..ch
Fl.agllu. Cerlte,., S',lite ~I:I~
5':'1 S.:.o.lt h F l.ag Ie,. Dr 1 va .
West ~alM 8e~ch, ~L 33401
F. M.rtin Perry & A5.~'C.9 P.A.
Co-Counsel for Pl.i~tlf',
Tr.d....ind. Dev.lopMent Corp.
~l~ North F1Agl.r Driv.
Suite 701, Northbridg. Centrw
We.t P~lM ee~ch, FL 33401
!;y ,'~L~~L~_f i~ ..\\~J__
~1~K FRIEDLANDt~SOUl~~
And
'''"'
Klein & eer.anek, P.A.
At t .:.r.rl5'Y. f.:.r ~'l. i Ylt iff,
)~Ad.winds Dev.lopM~nt Co~p.
FIAgl.r Cent.,.., Suite 503
~Ol South Fl~gler DrIve
w..t P.IM Et..ch, FL 33401
IlV ~~LJ2~k_1Nlv-:L_
tUHN ~ERANEKt LS~UIHE
6
-~
\
G'
)
(
T RAOEW I NOS DEVEL.OPMENT l
CORPORRTION, by ita Agent,
KERRN J. KILO~Y, ~
.'
IN THE ~IRCUJT COURT OF THE
l~TH JUDICIAL CIRCUIT, IN AND
FOR PALM &EACH COUNTY, FLORIDA
CASE NO. 86-3661 (CL) A
-z...
DefendAnt.
C")
.-
.. ."
.. .~c:
~~~
:J, ~:::
."~~
~-:'Q
.;,'
.. :. c:::J
4~'" '=:
" ....:.,.0>>:
-.. ;.10"
::- .-,,-..
-i -:"")/"l")
~~
.....
~
'"
....
.
PlAint iff,
vs.
-..
I
------------------------------
Q:)
~
....
~
--.
--.
THE CITY OF BOYNTON ~EACH,
-,
e. _
ORDER APPROVING SETTLEMENT AGREEMENT
.~
<<1)
~
THIS CAUSE caMe on to be he.rd on the Joint Motion for
Ord.....
Approving Settl.ment Agree~ent filed by
TRADEWINDS
DEVELOPMENT CORPORATION .nd THE CITY OF BOYNTON &EACH, and .fter
considering sAid Motion, the Stipulation And Settlement Agr.eMent
filed herein, And the partie. ha~lng agreed" hereto, it is
.
ORDERED And ADJUDGED.
1. That the S.ttlement Agreement entered into betwe.~
the ~Il.intiff,
TRADEWINOS DEVELOPMENT CORPORATION, .nd the
O.fend.arlt,
THE CITY OF BOVNTON 8EACH,
ia hereby .pproved,
confirMed and rAtified.
A copy of the Stipulation And S.tt12ment
AgreeMent ia AttAched hereto ... EKhibit "1" and i. apecifically
incorporAted in this Order by reference.
a. The Pl.i~ti'f, TRADEWINDS OEVELOPMENT CORPORRTION,
and the Oef.nd.nt,
THE CITY OF BOYNTON BEACH, ar. hereby ord.r.d
to cOMply with the Settl.Ment Agr.ement.
3.
Thi.
Court
retain. Juri.diction
of
the!a.
proc~eding. .nd the p.artie. to enforce the term. of the
Settlement Agre.men~.
Florid.
..
~QIZ
Coples '~rni.hed:
Klrk Frlvdland, E.quire
501 Soyth Flagler Drive
S'.J 1 t e ::'V::' , F 1 .. g I ff r C t:' y, t (..,'
~~st ~alM &e.ch, FL. 3~401
F. Martln Perry & ASSOCiates,
515 North Flagler Orlvv
5Yltw 701, NQrthbrldy~ C~ntr.
~..t Palm &..Ch, FL 334U1
John &.ral"..k,
tOe in & Berane
501 South Flag vr Drive
SUit. 5(131 Flagle,- Cel",ter
West PalM BRach, FL. 334Ul
P. A.
d-~~~'
EXHIBIT "a"
# .
.
. ,...,...
,
;
IN THE CIRCUIT COURT OF THE fIFTEENTH
JllDICIAL ClkCUlt OF FLORIDA. IN ANU FOR
PALH BEACII COUNTY.
\
..
;,
CASE NO. 86-3661 eCL) A
TRADEWINDS DEVELOPMENT CORP..
by its agent. KlERAN J. KILDAY.
Plaintiff ,
V6.
THE CITY OF BOYNTON BEACH,
Defendant.
I
.
ORDER
This cause came on for conaideration upon the Petitioner'. Hotion to
Compel Compliance with Settlement Agreement and the Court conaidering the
evidence adduced, hearing argument of couna.l and being fully advised 1n the
o
premi... and noting that the instant proceedings have not been atayed although
there is presently an appeal pending in the Fourth.Oi~trict Court of Appeal.
it ia thereupon
!'
CONSIDERED, ORDERED AND ADJUDGED that the Court grants the Hotion to
Compel Comrl1anc@ with Settlement Agreement made by the Petitioners. The
Defendant City shall proceed with the re-zonina process pursuant to the
Stipulation of the parties and ahall adopt ordinances relative to the Planned
Unit Develop~nt in conformity with the Settlement Agreement. The ordinances
shall be scheduled for reading aa required by City Charter forthwith. The
City of Boynton Beach ahall file the Comprehensive Plan Amendment regarding
th~ relevant portion of th~ Planned Commercial Oevvlopment no later than thirty
(30) days from the date of this Order utilizing the documentation the Petitiun~r
provides within that time period. The Court notes that the Department of
Community Affairs may have its own demands which. if not complied with. may
"
prohibit the Defendant City from proceeding to ultimate conclusion in its
re-zoning process. Should the Department of Community Affairs indicate it&
approval of the Comprehel\slvlt Plan Amendment. the City shall then adopt
ordinances relative to the Planned Commercia] Development in conformity with
th~ S~ttl~m~nt Agreement. The ordinances shall be scheduled for readin~ as
r\:quiT~d h) tilt- Cit)' (!I.lIl,;" ,1t that lilli". B.)~,J ,.n tb, SLttlt:;;."f1l ,',!:r't.r.,nl.
to requir~ Plaintiff to submit to new hearIngs and nc~ votln~ procedures
~1'I'rL\\'in~ tll" arl.JiL"tJ,\I1:. \.:I.jcll l.'t'f'" th,. sub.1,.(.t ,.f tll,,' S"'lll-:nll.:nt ^I"l,.t.'n,,'nt
WLluld rc:ndtr it ml..JOin~less. The.' City &hllll, tlu:n:fofc. comply !orth",.1th with
EXHIBIT "e"
.
'\., . ~
~..~ ~.
..
.
f.
all 're~1nin,,, term. of th. Settlem.nt Agre.ment.
DONE AND ORDERED at West Palm Beach, Palm Beach County, Florida, thi.
,)7
day ot
~
, 1987.
~aui\~n 31. ~{ubuiclt
CIRCUIT JUDGE
Copiva furnished:
~
Kirk Friedland, Esq.. 501 S. Flagler Drive. Suite 505, We.t Pal. Beach, Fl. 33401
F. Martin Perry, Esq.. 515 N. FIailer Drive, Suit. 701, W.at Pala.Beach, Fl. 334~1
John Beranek, Eaq.. 501 S. Flaaler Drive, Suite 503, W.at PAlm B.ach, Fl. 33401
Terr.ll K. Arline, Esq., 325 Cle=ati. Streec, Suite I, W..t Pal. B.ach, Fl. )3401
.
Louis L_ Williama, Esq., P~O. Box 3887, W..t Pal. Beach, Fl. 33402
.('..
I
',,-
.-.
I
II
'I
I,
11
II
I,
j I
I!
I!
I!
Ii
II
, ) II
~
I'
I'
~ II
, "- (I
> \ 't ;1
\ J
)
~/Gt1 PCD
11
!l
I
II
il
Ii
I'
I'
Ii
1 :
II
Ii
, I
Ii
d
II
! I
I
!
II
II
: ~
i
I
ORDINANCE NO. 89-39
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE NO. 80-19 OF SAID
CITY PURSUANT TO AN ORDER OF THE CIRCUIT
COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
BY REZONING SEVERAL PARCELS OF LAND
WITHIN THE CITY OF BOYNTON BEACH,
FLORIDA, FROM R-1A (SINGLE-FAMILY
RESIDENTIAL), R-3 (MULTIPLE-FAMILY
DWELLING) AND C-2 (NEIGHBORHOOD
COMMERCIAL) TO PLANNED COMMERCIAL
DEVELOPMENT; PROVIDING FOR ADDITIONAL
SQUARE FOOTAGE OF COMMERCIAL
DEVELOPMENT; SAID PARCELS BEING MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
THE REVISED ZONING MAP ACCORDINGLY;
PROVIDING THAT ALL DEVELOPMENT OF SAID
PROPERTY SHALL PROCEED IN STRICT
COMPLIANCE WITH THE DEVELOPMENT PLANS AS
SUBMITTED AND APPROVED AND ALL
APPLICABLE ORDINANCES OF THE CITY OF
BOYNTON BEACH, FLORIDA; PROVIDING A
CONFLICTS CLAUSE; A SEVERABILITY CLAUSE,
AND AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, has heretofore adopted Ordinance No. 80-19
in which a Revised Zoning Map was adopted for said City; and
WHEREAS, Kieran J, Kilday, as agent for the applicant,
Tradewinds Development Corp., d/b/a TRADEWINDS GROUP, and
the owners of the subject parcels, has heretofore filed a
Petition with the City of Boynton Beach, Florida pursuant to
Section 9 of Appendix A-Zoning of the Code of Ordinances,
City of Boynton Beach, Florida for the purpose of rezoning
certain parcels of land consisting of approximately 28,8455
acres (t) located within the municipal limits of said City,
said property being more particularly described hereinafter,
from R-1A (Single Family Residential District) , R-3
(Mul '~'_.l.,)le-Family Dwelling District) and C-2 (Neighborhood
Commercial District) to Planned Commercial Development;
WHEREAS, the City Commission entered into a Stipulation
and Settlement Agreement which was approved by Judge
1
ill(~: D~ ~l~i!
L PLANNING AND !
"_, ZONING DEPT, I
I:
,/
I
!
I
I
!
I
i
I
I,
I!
d
I'
,I
!
Rudnick's Order Approving Settlement Agreement on November
6, 1986, and subject to a further Order by Judge Rudnick on
January 27, 1987, and subject also to a Mandate and Opinion
from the Fourth District Court of Appeal on July 22, 1988,
which affirmed the trial court's Orders, and subject also to
Judge Rodger's Order Granting Tradewinds Motion for Contempt
,
I,
"
II
II
I:
"
I,
I'
'I
II
II
!I
I'
, I
I'
, I
il
I,
II
II
il
II
II
I;
il
I
I
on October 21, 1988, and lastly, subject to the Fourth
District Court of Appeals Per Curiam Affirmation of Judge
Rodger's Contempt Order on June 7, 1989, copies of which are
all attached hereto, and the City Commission is, therefore,
being required to comply with the aforesaid Stipulation and
Settlement Agreement,
WHEREAS, the Circuit Court for the 15th Judicial
Circuit on the 31st day of October, 1989, issued an order
amending the Cityl s 1986 Comprehensive Plan in conformance
with the above mentioned Stipulation and Settlement
Agreement.
Said
Order
being
attached
hereto
and
incorporated herein,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1.
That the following described land,
I
I
I
I
I
located in the City of Boynton Beach, Florida, to wit:
See attached Exhibit "A"
be and the same is hereby rezoned from R-1A (Single-Family
Residential
District)
R-3
(Multiple-Family
Dwelling
District), and C-2 (Neighborhood Commercial District) to
Planned Commercial Development, which use is determined to
be appropriate under the circumstances agreed upon by the
City in said Stipulation and Settlement Agreement and in
I'
II
I
conformity with the Comprehensive Plan of the City of
Boynton Beach, Florida.
Section 2,
That the aforesaid Revised Zoning Map of
the City shall be amended accordingly,
II
II
II
I
2
, I
Section 3. That the application of the owners and
agents of the subject property for rezoning is hereby
granted for the purpose of permitting the development of
said land as a Planned Commercial Development (PCD)
specifically in accordance with the aforementioned
Stipulation and Settlement Agreement and Court Orders in
Case No. 86-3661 (CL)A, all which respectively enforced the
Stipulation and Settlement Agreement and found this City in
contempt of court.
Except as provided herein, the Applicant shall proceed
to file site plans of any part or all of the PCD for review
by the appropriate departments of the City government in
accordance with the Ordinances of the City of Boynton Beach,
and the site plans shall also be subject to review with
respect to subdivision, platting, building permitting, and
any or all applicable rules and regulations of any
governmental entity having jurisdiction over land
development and building permitting within the City of
Boynton Beach,
section 4. Notwithstanding any other provisions of
this Ordinance, the applicant shall be permitted to
construct an additional 121,000 square feet of commercial
building area over and above that permitted by the
aforementioned Stipulation and Settlement Agreement. This
addi tional square footage of commercial development shall
require off-site traffic improvements identified in the
October 23, 1989, Barton-Aschrnan Associates, Inc., traffic
report, attached hereto and incorporated herein, subject to
final approval or modification of said reports' findings by
the City Commission on November 7, 1989,
Section 5. That all ordinances or parts of
ordinances in conflict herewith be and the same are hereby
repealed.
3
Section 6.
Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence, or
word be declared by a court of competent jurisdiction to be
invalid, or should any Section of this Ordinance not become
effective for any reason, such decision shall not affect the
remainder of this ordinance.
Section 7. Authority is hereby granted to codify said
ordinance.
Section 8.
This ordinance shall become effective
immediately upon passage,
FIRST READING this 17th day of October, 1989.
II SECOND, FINAL READING and PASSAGE this .:3/sr day of
!1
I Q.,~ kv , 1989.
II
II
II
I
I
I
I
I
I
ATTEST:
C~!~
(Corporate Seal)
I
I
I
I
I
I
I
I
II
II
II
i I
4