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CORRESPONDENCE C01UlESPO"'DENCE %e City of $oynton $eacli 100 'E. tJJoynton. tJJe.acn. tJJoufevartf P.O. tJJ~310 'Boynton. tJJe.acn., :Jforitfa 33425-0310 City Hall: (561) 375-6000 :J.9lX: (561) 375-6090 December 10,1997 VIA FEDERAL EXPRESS Merry Land & Investment Company, Inc. c/o Ms. Lori Rogers Hull, Towill, Norman and Barrett, P.C. 801 Broad Street, Seventh Floor Augusta, GA 30901 Re: Vinings at Boynton Beach - Phase I Dear Ms. Rogers: Please be advised that the property located at 100 New Lake Drive, Boynton Beach, is currently zoned Planned Unit Development, PUD, according to the Official Zoning Map for the City of Boynton Beach. Multi-family dwellings are a permitted use in the PUD zoning district according to the City of Boynton Beach Zoning Code. It is the intent of PUD zoning regulations, to promote and encourage development in this form where tracts suitable in size, location and character for the uses and structures proposed, are to be planned and developed as unified and coordinated units. If I can be of further assistance, please contact me. Sincerely, -- ..:\ I I . L' / C: }~'lA.. j LJi_)~v/[ ..., Tambri J. Heyden, AICP Planning and Zoning Director T JH:jbg S:\PLANNING\SHARED\WP\CORRESP\ZONVARIF\VININGS-1.DOC !ilmem4's gateway to tfu gutfstream LAW OFFICES 00 rn ~:~ ~ u ~,~ rn HULL. TOWILL. NORMAN & BARRETT WM. HALE BARRETT LAWTON .JORDAN. .JR. PATRICK .J. RICE DOUGLAS D. BATCHELOR. .JR.- DAVID E. HUDSON WILLIAM F. HAMMOND MARK S. BURGREEN" GEORGE R. HALL-- .JAMES B. ELLINGTON F. MICHAEL TAYLOR-- ROBERT A. MULLINS" WILLIAM .J. KEOGH III EDWARD .J. TARVER .J. NOEL SCHWEERS III-- SUSAN D. BARRETT R. E. HANNA. III-- TIMOTHY E. MOSES" N. SHANNON GENTRY TRACY T. KENTON" FRANK C. MC CRYSTLE 111"- CHARLES H. WEIGLE A PROFESSIONAL CORPORATION . ROBEFfUjNtflN8AMIJI 'leN1mJ DEPi. P.O. BOX 1564 1907 -1991 AUGUSTA, GEORGIA 30903-1564 OFFICE November 26, 1997 SUNTRUST BANK BUILDING SOl BROAD STREET SEVENTH FLOOR AUGUSTA. GEORGIA 30901 TELEPHONE (7061 722-4481 TELECOPIER 17061 722-9779 EMAIL HULLFIRM@GROUPZ.NET -(ALSO FL AND S.C.I .-(ALSO S.C.I ...(MD ONL VI VTA FFDFRAT FXPRFSS. '1("1/17'1-("2hO CITY OF BOYNTON BEACH PLANNING AND ZONING DEPARTMENT 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 In Re: The Vinings at Boynton Beach Phase I 100 New Lake Drive, Boynton Beach, Palm Beach County, Florida Real Estate Number: 08-43-45-29-27-001-0000 and 08-43-45-29-27-000-0010 Dear Sir/Madam: Please accept this letter as our request for a zoning verification letter. Enclosed herewith please find a copy of the legal description of this property along with a copy of the 1997 proposed assessed values. Also enclosed please find our check in the amount of $25.00 to cover the fee for this request. Please send the zoning verification letter federal express using our firm account number as follows: 1063-4408-6. The address to send this letter is: Merry Land & Investment Company, Inc. cI 0 Ms. Lori M. Rogers Hull, Towill, Norman & Barrett, P. C. 801 Broad Street, Seventh Floor Augusta, GA 30901 Please fax a copy of the zoning verification letter to me prior to sending federal express. If you need any further information, or if I may be of further assistance, please do not hesitate to contact me. Thank you for your prompt response and cooperation. Sincerely, ~,7Jt,g~ Lori M. Rogers Legal Assistant Enclosure C:\OFFICE\ WPWIN\ WPOOC5\LMR\TRAMMELL \ VINING5.L TR 68-407/50B OWNER'S SCHEDULE A office file number policy number date of policy amount of insurance 936-55 10-0088-106-OOOOOOO7 March 17, 1995 at 11 :18 a.m. $1,562,400.00 1. Name of Insured: BOYNTON BEACH I LIMITED PARTNERSHIP, a Florida limited partnership 2. The estate or interest in the land described in this Policy is: Fee Simple 3. Title to the estate or interest in the land is vested in the Insured. 4. The land herein described is encumbered by the following mortgage or trust deed, and asslgnme,\ts: Mortgage executed by Boynton Beach I Limited Partnership, a Florida limited partnership in favor of Fleet National Bank dated March 15, 1995, recorded on March 17, 1995, in Official Records Book 8662, at Page 1674, of the Public Records of Palm Beach County, Aorida. f I and the mortgages or trust deeds, if any, shown in Schedule B hereof. 5. The land referred to in this Policy is described as follows: THE V1NINGS AT BOYNTON BEACH - PHASE I, PUD, according to the Plat thereof as recorded in Plat Book 74, at Pages 101-102, of the Public Records of Palm Beach County, Florida. THIS POUCY VAUD ONLY IF SCHEDULE B IS ATTACHED SCHEDULE A Owner's Form ~.,... CGIITtQ. IIQ. I'UIlIC ICNOOlS 76 ... STaT( "". 76 I' lOC"" 10&"0 08 CITY 77 SFWHD 77 EVER CLADES ~.~.J. -- '3 F.I.N.D. 9'1 CHILD SERV HEALTH ...... .......... .... ..-"'.... COUNTY DEB SCHOOL DEI CITY DEBT Tor al "II "....0l'E.. I'lIOPIIIITY TA.lIt:S ...0Ir.tA~.,. "a"", ,""f wt.. 'f'tBBOI6 't'f88016 NONE 1f'488016 .... .l....... .'. ,u\,.. ,j,v,......, I I .-U I 1\. - HU,.dl0;;:jb.= _, :2 !.~.:.tt\!.. MAM&T W ~ ""''''Y · Cl" ... IiOT IT'. ....., "AlUL ~ACT .......,., . aT: .--. III......... C_ III. IN_ C_ ,.." .'''11 1- ..... ...._ __ IW....._ NOTICE OF PAOPOttED PAOPERTY T AXEl 1187 PROPOSED AD VALOREM TAXES '" .... ........ ... ..., ....... aa... ...... ,.... ....... .. .... - ~ -..- · ... ...... .. .. .._ ,_ .... ....f .... ::. -::':. -:..-:: ~ ~ :-:-..:.:-=.-= .'7Wre, TO r..... ...... loCI" 10.. ...... _~. _ IoIlIIIIO Cl" Io"'V'". _, .. IN _.... 7:00Pft 301 N OLIVE AVE 6TH FL WEST PAL" lEACH JJ'tOl Be SCHODL IOARD (561)'f31f-8Z59 /10 7:00PN ]]'f6 FOREST HILL BLVD WEST PAL" lEACH 331f06 OF BOYNTON ICH (561)375-6312 6:30P" 100 E BOYNTON ICH BLVD BOYNTON lEACH 33'125 o FlA WATER HCT DIST (~61)686-8800 /10 5:I~PN 3301 CUM CLUB ROAD WEST PAL" BEACH 33'106 LA INLAND NAVIC DIST (561)627-3386 /11 5:JOP~ 3~0 OCEAN DRIYE JUND lEACH 3J~08 HILDRE"S SVC COUNCIL (~61)655-fOIO "1 6:00PH "" M FLACLER DR WEST PAL" _EACH 33~07 Ie tlEALTH CARE DIST (561)659-1270 '09 5:0IP" 32~ DATUR~ ST SUITE ~Ol WEST PAL" BEACH 33~01 ca"'.... . HI 11(0(0" I "_51 2 56.21 I ~5.02 I 1] 20. 12 ce._ . I........... -.olDtf"llI 010 IlIOEIfGtlf ,"CIA'- CIlIT-crl MIl .of(1II .IMlOW(O ClUJ. COIUCT Yo.. ToU ~Lt:CTClI "f U.. U1-27t1. ._ ~I.h ."UII: '.... "I'" ~ ~ t. o, t .~ ~ ~... CIJI'P . It. 'LOOlIl ...~ f:!::1 ~ '"c.o" ..... "...." "....'" . 'I'll 016 1f~8 016 I- 80"[ 14'188016 0"1:"10 "lllf 00 NOT PAY 1818 IS · 1ItJ1 · Amu 28887. II 11552.15 3"1'27.98 2't86.36 ~J5.3't 166.06 16't1.7Z 5250.98 11'36.51 2356.21 18'i'5.02 10926 t. 0 '*-. ...r II(fl-U we ..,. ....-.<O'lI lll""ooo.~ fl'" ~'" ClI''CI II lo'IIAal YO ..~.t4 IMn .. 0 mi~~'~~'hT TITIQN i iT, ""..'"lCi.i- OJ ... "... a ON 011 'OIlIt:: ,....."'( .a,wt 09' \~"'1 ~R.i.l'l.c" '..... 1C..eN, M"O&. ..... lED NOH-AD VALOMM A88E1I.,ENTI 11'7 LEVYING AUTHORITY OLID WASTE ~UTHORITY 11'1_ .......1. lal' ...... ......na "WOulo' ""1 1310"1.00 1310"1.00 HOOOtI~ .."...,:, ....ov..r I I I I /x) NOT P.A. Y --- THIS IS NOT A BilL 561 )'30-2727 1310'1.00 33"18728'00004 08-'13-"15-29-27-000-0 10 OJ IOYNTOH lEACH LTD PT SHP 6't00 CONCRESS AVE 5T j 2000 BOCA RATON FL J3~87 [2810 I ! iiI 08-~J-'i5'29-27-000-0010 PREPARED BY AND RETURN TO: AMY S. SCHLOSSER, ESQUIRE Broad and Cassel 7777 Glades Road, suite 300 Boca Raton, FL 33434 i i} .'\f.' \ ,\J~,( , I," ~. rl;";' . '\; Illite [/ I/tl ,) (p(i,rt: / Y"n ~ g' f ~,( -Z) V r') \0\ V~' O)?[ !J\ ~ I ~,t/! /' \q1t., { IJv" rv'--rJ 6'\ } dlV ~ y ~p" 'f-t .t" f Lj .; 1"V 9~ DECLARATION OF PROTECTIVE COVEHAHTS WOOLBRIGHT PLACE THIS DECLARATION OF PROTECTIVE COVENANTS is made this _ day of , 1994, by HOWARD SCHARLIN, TRUSTEE, and PIRST BAPTIST CHURCH OP BOYH'l'ON BEACH which declare hereby that "The Property", as described in Article I, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth. The Property is described in Exhibit "A" attached hereto and made a part hereof. Portions of the Property are intended to be developed as a multi- staged planned residential community with open spaces and other common facilities. Attached hereto as Exhibit "B" is a pictorial map of the Property, which shows the Property as numbered parcels 1 - 4 and adjacent roads and lakes. For ease of reference the parcels have been designated as the Apartment Parcels, the Single Family Parcel and the Church Parcel. These designations are not determinative of the uses of the Parcels, which uses may be changed from time to time in accordance with applicable laws. In order to provide for the preservation of the values and amenities in such community and for the maintenance of its common properties, the powers of maintaining and administering such properties and facilities, administering and enforcing these covenants and restrictions and collecting and disbursing the assessments and charges created in this Declaration are being delegated-and assigned to a not for profit corporation known as the Woolbright Place Master Association, Inc. ARTICLE I DEPINITIONS The following terms, as used in this Declaration, shall have the following meanings: (A) ADartment owner(s) shall mean and refer to any individual or entity which owns an Apartment Parcel. (B) ADartment Parcel (s) shall mean and refer to those Parcels designated on Exhibit "B" as an Apartment Parcel. The Apartment R:\'I\TCC.RES\122\DedIIra.l DEC 21 '94 03:25PM BROAD AND CASSEL P.2 .} Parc::el i.s presently zoned or intended for the construction and operation of rental apartment co_un! ties, but such use may be changed from time to time in ac::c::ordanc::e with applicable law. e C) A.aooia~ioD shall mean and refer to WOOLBRIGHT PLACB MASTER ASSOCIATION, INC., a Florida corporation not for profit, its successors and assigne. eO) a.e. AA......."t shall mean and refer to the operating funds of the Association that are utilized for the general benefit of all owners of a portion of the Property and which are as.e.sed against such owners pursuant to the ter1l8 hereof and refer. to those charqes against each Unit andlor Parcel made by the Association from time to time, for the purpo.e. and subjec::t to the terms, set forth herein. eE) Bp'ar4 of Direc~or. shall mean and refer to the Board of Directors of the Association. .} eF) phprClh mm.er shall mean and. refer to First Baptist Church of Boynton Beach and any individual or entity to which First Bapti.st Church of Boynton Beach transfers ti tIe of the Church Parcel. (G) Chur hall mean and refer to that Parcel designated on s the Church Parcel. The Church Parcel is present1y z ed nded for the construction of a church, but such use may be changed fro. time to time in accordance with applicable law. (8) "_91 "".11... shall mean and refer to all expeMea incurred by the Association in connection with its ownership of any portion of the Property, maintenance and. other Obligations set forth hereinafter. II . ~ (1:) C~1l Pr~~y shall mean and refer to all portions of the Property which are intended for the c~n use and enjoyment of the owners, the Apartment OWners and- their tenants, anel the Churctl OWner which are id.n~ifie4 and dedicated. to the Association on the Plat or conveyed to the Association by Deed and/or all personal property and real property which lIay sub8equ.n~ly J:Na acquired })y the Association for the common use and enjoyment of the ownerSl, the Apartment owners and their tenant., and the Church Owner. The Common Property is not .condominium property. as that tara i. defined in Chapter 718, Florida statut.., or otherwise. C~n Property shall include all sidewalks. (J) Q,9..u'lllty-wi48 Bt:aDdazd shall ..an the standard of conduct, maintenance, or other ac~ivi~y generally preva11inq throughout the Property. such standard 1DAY bG JIlOra spacif ically determined by the Board of Directors. .., l\.~JlIf~- t - 2 - _ 1_____.._____.__________._ (K) Declarant shall mean and refer to Howard Scharlin, Trustee, his successors and assigns, who take title to any portion of the real properties described in Exhibit "A" to which Howard Scharlin, Trustee currently holds title, for the purpose of development and sale, and are designated as the Declarant hereunder in a recorded instrument executed by the immediately preceding Declarant. (L) Declaration shall mean and refer to this instrument, and all exhibits hereto, as it may be amended from time to time. (M) DeveloDment Plan shall mean and ref~€O--the. graphic representation of the proposed plan for the ~evelopment o~." Property, a copy of which is attached hereto as Exhibit "B" a made a part hereof. Notwithstanding anything said herein- the contrary, implementation of the Development Plan is under the jurisdiction of the City of Boynton Beach, Florida and is referred to by the City of Boynton Beach as the Woolbright Place Master Plan PUD. All changes and amendments made to such plan must be approved by all applicable governmental entities. (N) Exclusive Common Area shall mean and refer to certain portions of the common property which are for the exclusive use and benefit of one Parcel. All costs associated with maintenance, repair, replacement and insurance of Exclusive Common Areas shall be paid by the owners of such Parcel. (0) ImDrovements shall mean and refer to all structures of any kind, including, without limitation, any building, fence, wall, sign, paving, grading, parking and building addition, alteration, screen enclosure, sewer, drain, disposal system, decorative building, landscaping or landscape devise or object. (P) Institutional Mortaaaee shall mean and refer to a bank, bank holding company, or subsidiary thereof, trust company or subsidiary thereof, savings _and loan association,_ insurance company, union pension fund, mortgage company, agency of the united states Government which holds a first mortgage of public record on any Parcel, unit or Pod or on any other portion of the Property, and the holder of any mortgage of public record given or assumed by Declarant, whether a first mortgage or otherwise, and their successors and assigns. (Q) Manaaement Aareement shall mean and refer to a contract for management of the Property entered into between the Association and such other entity as is selected by the Association, in its sole and absolute discretion. (R) Member shall mean and refer to Class A Members, Class B Members and Class C Members of the Association. R:\1\TCC.RES\122\DecIara.l - 3 - (S) Mortaaae shall mean and refer to a permanent or construction mortgage or any other form of security deed. (T) Mortaaae. shall mean and refer to a beneficiary or holder of a Mortgage. (U) owner shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any unit, but excluding any Mortgagee unless and until such Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. References to Owners include Subdivision Owners and Declarant. (V) Parcel shall mean and refer to that portion of the Property designated as a Parcel on Exhibit liB". (W) Parcel Assessment shall mean and refer to assessments levied against the property in a particular Parcel to fund expenses common to the Parcel. (X) Parcel Association shall mean and refer to any legal form of association of owners, other than the Association, formed to be responsible for the maintenance and governance of all services and properties within a particular Parcel. (Y) Parcel Declaration shall mean and refer to the declaration of covenants, conditions and restrictions, as the same may be amended from time to time, which may govern a particular Parcel. Owners of all Parcels on which single family residences, townhomes, condominiums or any type of residential development in which Units are to be constructed pursuant to a site plan approved by all applicable governmental agencies will cause to be recorded in the Public Records of Palm Beach County, Florida a Parcel Declaration. For so long as the Apartment Parcel (s) and the Church Parcel are intended for the construction and development of rental apartments and a Church, or - sllch other product- which - doE!~ not constitute single family housing comprised of Units, neither the Apartment OWner nor the Church OWner will be required to file a Parcel Declaration. (Z) Parcel BxDense. shall mean and refer to the actual and estimated expenses incurred by the Association for the benefit of Owners of units within a particular Parcel, which may include a reasonable reserve for capital repairs and replacements, all as amy be specifically authorized from time to time by the Board of Directors and as more particularly authorized herein. (AA) ~ shall mean that certain Plat of Woolbright Place Plat 1 recorded in Plat Book 67, Page 47, Public Records of Palm Beach County, Florida. R:\1\TCC.RES\122\DecIan.l - 4 - DEe 21 '94 03:26PM BROAD AND CASSEL P.3 ~ (AB) ImI shall mean and refer to a parcel of vacant land or land on which improVeJU!ftts are under construction. (Ae) Praa.-r'tY shall mean and reter to that real property described in Exhibit "A" attached hereto and made a part hereof, which is subject to the covenants, reservations, restrictions, easements, assessments and other provisions set forth within this Declaration, toqether with such additional property as is hereafter subjected to this Declaration by Supplemental Declaration. (AD) 8i.~~. ,,-.41Y Parcel shall aean and refer to that Parcel designated on Exhibit "B" as the sinqle Fa.ily Parcel. '!'he siDcJle Family parcel 1s presently zoned or intended for the construction of sinqle faaily residences comprised of units, but such use ..y be changed from tiJle to time in accordance with applicable law. (AE) 8u!14!vi.ioD OVDer shall mean and refer 'to any perllon or enti ty, other than Declarant, Church owner and. Apartment owner, who takes title to any portion of the Property, other than that portion owned by ApartJaent owner, for the purpose of development and sale. (AI') BUDD1aaaDt:a1 Deo1azoat;ioD shall mean and refer to an amendment or supplement to this Declaration which subjec'ts addi tional property to this Deolaration, or :imposes, expressly or by reference, additional restrictions and obligations on the land described therein, or both. ~ (AG) llJUJE IShall mean and refer to a port.ion of the Property, whether clav.loped. or undeveloped, intended for development, u.. and occupancy as an attached or detachecl re.idence for a single fudly, and shall, unl.ess otherwise specified, include within its 1IleaniDcJ (by way of illustration, but not liJaitation) condominiUlll UDit., townhouse un! 'ts, duplexes, cluster hOllSS, patio or zero loi: lu. homes, sinqle family detached houses on separately platted. lat., and. vacant land intended for development as the above uses, all u may be cleve loped , used and defined as huein provided, or ae provided. in Suppleuntal Declarations coverinq all or a part of tb8 Property. The unit. shall consist of the imProved dwellintj t.og~er · with the balance of the unaproved lot. Rental Apartments are not Units for purposes of this DeClaration. :In the case of a Pod of vacant land or land on vbich improvem.eDts are under construction, the Pod shall be de81184 to contain a nn_baT' of units designated for such Pod on the 1I08t recent site plan approved by applicable qovermaental authority, until such time as a certificate of oCGupancy is issued on all or a portion thereof by the local CJovernaent. entity hav1nc) jurisdiction. after whicb t:.he partion desiCJlUlted in the certificate of occupancy shall constitute a separate Unit or Units as dete~ abOve and the number of units on the remaininq land, if , L~~"..a - 5 - DEC 21 '94 03:26PM BROAD pp~ CASSEL P.4 any, shall continue to be determined in accordance with this Paragraph. CAB) va~.:l.ag bDr.._~.~iY. shall mean and refer to the representative designated by the Members of each Parcel to exercise the votes of his respective parcel in all matters provided for in this Declaration and the By-Laws. The votincJ Representative frOll each Parcel shall be elec~ by a majority of ~e Members of said Parcel at a meeting of said Parcel called and noticed, in accordance with the provisions of the Bylaws of the Association. Each voting Representative of a Parcel shall be entitled to cast one vote. ~ n.,%m.. II JmD.!,nVV1!Jllll ~ Declarant intends to develop the Property as a planned residential development but retains the riqht to develop Parcels for other purposes, subject to applicable zoning rules and regulations. 'l'he Association was formed. to maintain and operate the COJDOn · property tor the benefit af the Members. The As.oeiation .hall assess the Declarant, each owner, Church owner, SUbdivision owner and Apartment owner various charge. as more .pecif ically described hereinafter, for the purpose of fundinq the obligations of the Association. The Association shall be responsible for the maintenance of the Cammon Property and shall also be responsible for enforcement of all of the restrictions and other terma set forth 1n this Declaration, as well as the rules and regulations established by the Association. In keepinq with Declarant's in'taDt: to esta))lirah a general plan and uniform scheme of developaent: aD4 improvement, the restrictions and other terms set forth in thi. Declaration shall a180 be enforceable by the owners, Church owner, Subdivision owners and Apartment owner.. The Association is not a condominium association and, 'therefore, shall not be affected by the provisions of Chapter 718, Florid.a Statutes. Further, the express intent of the Declarant and this Declaration 1s that the substantive riqhts hereunder ahall not, to the extent. pera1ttecl by the laws of the united state. of America, be retroactively affected by legislation subsequent to the date of this Declaration. L~J. - 6 - ., -- ---.----------_._----~- ARTICLB III PROPERTY SUBJECT TO THIS DECLARATION 1. PROPBRTY: Upon the recordation hereof, the Property shall be held, transferred, sold, conveyed and occupied subject to this Declaration. 2. ADDITIONS: subject to approval of the Development Plan by all necessary governmental agencies, and by the Members of the Association, Declarant shall have the right and power, but neither the duty nor the obligation, in its sole and absolute discretion and by its sole act, to subj ect addi tional property to this Declaration from time to time by executing and recording in the Public Records of Palm Beach County, Florida a Supplemental Declaration specifying such additional property. 3 . WITHDRAWAL: Notwi thstanding anything herein to the contrary, no property may be withdrawn from the provisions of this Declaration without the prior written consent of all applicable governmental authority and the Members of the Association. 4 . TRANS PER OR ASSIGNHEN'l' BY DECLARAN'l': The Property, rights and obligations of Declarant may be transferred or assigned, in whole or in part, to another person or entity. No such transfer or assignment, however, shall affect any revocation, change or addition to the covenants established by this Declaration except as hereinafter provided. 5. TRANSFER OR ASSIGNHEN'l' BY OWNERS: Every Owner, Church owne~subdivision Owner and Apartment owner shall have a right and easement of enjoyment in and to the Common Areas subject to this Declaration and subject to any restrictions or limitations contained in any deed or amendment to this Declaration conveying to the Association or sUbjecting to this Declaration such property. Any person or entity lentitled_ t9 rights of enjoYl!!ent hez-eunder may delegate such right of enjoyment to the members of his or her right family, tenants and social invitees subject to reasonable regulation by the Board of Directors and in accordance with procedures it may adopt from time to time. ARTICLB IV WOOLBRIGHT PLACE MASTER ASSOCIATION. INC. 1. FORMATION: Declarant has caused the formation of the Association by the filing of the Articles of Incorporation therefor in the office of the Secretary of State of Florida. The purposes and powers of the Association shall be all of the purposes and powers set forth in this Declaration and in the Articles of R:\1\TCC.RES\12Z\Dedara.l - 7 - Incorporation and By-Laws of the Association. The Association shall be responsible for the execution, performance, administration and enforcement of all the terms and conditions of this Declaration. If there is a conflict between the terms and conditions set forth in this Declaration, the Articles or By-Laws, the conflict shall be resolved in favor of the terms and conditions as provided in this Declaration. The Association shall not be dissolved without the approval of all applicable governmental authority. 2. MBJlBBRSHIP: A person or entity shall become a Member of the Association upon acquisition of fee simple title to any Parcel of property or any unit within the Property by filing a deed in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, evidencing such ownership. Declarant and Church Owner shall also be Members of the Association. Membership shall continue until such time as the Member transfers or conveys his interest of record or the interest is transferred and conveyed by operation of law. If title to a Unit or Parcel is held by more than one person, each person shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Unit or Parcel. No person or entity holding an interest of any type or nature whatsoever in a Unit or Parcel only as the security for performance of an obligation shall be a Member of the Association. The Declarant and Church Owner each shall be a Member of the Association so long as they own any portion of the Property. Declarant, by including additional property under this Declaration, may cause additional membership in the Association and may designate the ownership basis for such additional membership. 3. ADMINISTRATION O~ THE ASSOCIATION: The affairs of the Association shall be administered by the Board of Directors in accordance with this Declaration and the Articles of Incorporation and By-Laws of the Association. The Articles of Incorporation and By-Laws may be amended in the manner set forth therein; provided however, that no such amendmen~ shall conflict ~th the te~s of this Declaration or adversely affect the rights of any owner, Church Owner, Subdi vision Owner or Apartment Owner unless such owners have consented to the Amendment, and provided further that no amendment, alteration or rescission may be made which affects the rights or privileges of any Institutional Mortgagee, without the express prior written consent of the Institutional Mortgaqee so affected. Any attempt to amend the Articles of Incorporation or By-Laws contrary to these prohibitions shall be of no force or effect. 4 . VOTING: (A) V?tina ReDresentatives. Every unit, apartment 1n the Apartment Parcel, and Church or Improvement shall be located within a particular Parcel. rental other Each R:\1\TCC.RES\122\Dedan.l - 8 - _______..___________._ ....___-L-____ Parcel shall elect a voting Representative by a majority of the Members of said Parcel at a meeting of the Members of said Parcel called and noticed in accordance with the provisions of the Bylaws of the Association. Each Parcel shall have one (1) vote. The voting Representative for each Parcel shall cast each Parcel's vote on all Association matters requiring membership vote, unless otherwise provided in this Declaration or the Bylaws. The voting Representative shall cast the Parcel's vote as he or she, in his or her sole discretion, deems appropriate and shall not be required to poll Members of his or her Parcel. Upon the election of the voting Representatives of the Parcels, the elected voting Representatives will nominate and elect a fifth voting Representative (the "Additional Representative") who shall cast one (1) vote in all matters requiring a vote of the membership. Upon the further subcii vision of any Parcel or the addition of other Parcels hereunder, such that there is an odd number of voting Representatives, the Additional Representative will no longer be entitled to cast a vote. For purposes of this Declaration, Declarant shall be entitled to act as the voting Representative for each Parcel owned by Declarant until such time as Declarant no longer owns any of the property in such Parcel, at which time, the new Owners wi thin the Parcel shall elect a new voting Representative. For the purpose of electing voting Representatives, Members shall be entitled to one (1) vote for each unit or each Unit and contiguous lots containing one (1) single family home if located in a detached single family home development, owned by such Member. There shall be only one (1) vote per unit. Should any Member own more than one (1) Unit, such Member shall be entitled to exercise or cast one (1) vote for each such Unit unless such units or contiguous lots on which there exists one (1) single family residential dwelling.- -when more than one (1) person holds the ownership interest required by Section 2 above for membership, all such persons shall be Members and the vote of such unit shall be exercised as they, among themselves, determine; provided, however, that in no event shall more than one (1) vote be cast with respect to each unit. with respect to each unit owned by other than a natural person or persons, the Member shall file with the Secretary of the Association a notice, designating the name of an individual who shall be authorized to cast the vote of such Member. In the absence of such designation, the Owner shall not be entitled to vote on any matters coming before the membership. Any Owner of units which are leased may, in the lease or other written instrument, assign the voting rights R:\1\TCC.RES\l2Weclara.l - 9 - pertinent to their unit to the lessee provided that a copy of such instrument is furnished to the Secretary of the Association prior to any meeting. such an assignment shall entitle the lessee to exercise the vote for the unit only in situations where an Owner is entitled to personally exercise the vote for his or her unit. (B) Control of AssociatioD and Turnover. Notwithstanding anything contained herein to the contrary, the Declarant, Church Owner, Apartment owner and Subdivision owner shall not, individually, have complete control of the Association. The Board of Directors will be elected by all Members of the Association through their respective voting Representatives. In the event Declarant shall enter into any contracts or other agreements for the benefit of the Owners, the Declarant may, after approval from the Association, assign its obligations under such agreements to the Association. 5. SUSPENSION OF MEMBERSHIP RIGHTS: No Member shall have any vested right, interest or privilege in or to the assets, functions, affairs or franchises of the Association, or any right, interest or privilege which may be transferable, or which shall continue after his membership ceases, or while he is not in good standing. A Member shall be considered "not in good standing" during any period of time in which he is delinquent in the payment of any Assessment, or in violation of any provision of this Declaration, or of any rules or regulations promulgated by the Association. While not in good standing, the Member shall not be entitled to vote or exercise any other right or privilege of a Member of the Association. ARTICLB V COMMON PROPERTY 1. CODON PROPERTY: The Common Property is intended for the use and benefit of the Members of the Association and their guests, tenants, licensees and invitees. SUbject to the rights and obligations set forth now or subsequent hereto in Parcel Declarations, the Association is responsible for the management, maintenance and operation of the Common Property notwithstanding the manner in which fee simple title to the Common Property may be held. The Declarant shall convey the Common Property to the Association (or Parcel Association if the Common Area is in a Parcel subject to a Parcel Association) no later than the date which is 30 days from the date on which Declarant no longer owns any portion of the Property. R:\1\TCC.RES\122\DecIara.l - 10 - 2. MAINTBNANCB OlP PROPBRTY: The Association shall, either by virtue of the appointment of a real estate management agent, or through its own personnel, be responsible for the maintenance, ownership, control and repair of the Common Property. Prior to the transfer of title by Declarant or Church Owner, and prior to the formation of applicable Parcel Associations, Declarant and Church Owner, as applicable, will be charged with maintenance of Exclusive Common Areas on their respective Parcels. Each Apartment Owner will be responsible for the maintenance of all Exclusive Common Areas on their Parcels, including, but not limited to, internal roads, parking areas, street lighting, recreation areas, lakes, buildings, landscape buffers and landscaping in accordance with Article VIII herein. Subdivision Owners shall cause to be recorded in the Public Records of Palm Beach County, Florida a Parcel Declaration to govern the management of their respective Parcels. The Subdivision Owners will also be responsible to form a Parcel Association which Parcel Association will be responsible for the maintenance of all Common Areas in the subject Parcel including, but not limited to, all roads, parking spaces, street lighting, recreation areas, lakes, landscape buffers and landscaping. All annual meetings of the Parcel Associations shall be held within the same month each year, which shall be within the month prior to the annual meeting of the Association. Each Parcel Association, upon the affirmative vote, written consent, or a combination thereof, of a majority of Owners within the Parcel, may request that the Association provide a higher level of service or special services for the benefit of Units in such Parcel, the cost of which shall be assessed against each Unit in the Parcel as a Parcel Assessment pursuant to Article VII. All Units,. together with-. all resigences _ a.ndother Improvements thereon, will be the maintenance obligation of the Owners thereof in accordance with Article VIII herein. 3. MANAGEMENT AGENT: Declarant, its affiliates, subsidiaries, successors and/or assigns, may be the management agent for the Association and may hire such employees, including but not limited to: attorneys, accountants, bookkeepers, gardeners, security guards and laborers, as Declarant may deem necessary in order to maintain the property described in this Section. No management agreement between the Association and Declarant or its affiliates or its subsidiaries shall be held invalid solely for the reason that at the time of entering into the agreement, the employees, officers or agents of Declarant or its affiliates, or its subsidiaries were the officers, directors and/or employees of the Association. In the alternative, the Declarant R:\1\TCC.RES\122\DecIara.l - 11 - may select an individual or entity wholly unrelated to Declarant to act as the Management Agent in its sole and absolute discretion, and such individual or entity shall exercise all rights set forth herein. 4 . RULES AND REGULAT:IONS GOVBRlf:ING USB OJ' CODON PROPBRTY: The Association, through its Board of Directors, shall regulate the use of the Common Property by its Members, and their guests, tenants, licensees and invitees and may from time to time promulgate such rules and regulations as are consistent with this Declaration, governing the use thereof as it may deem to be in the best interest of its Members. A copy of all rules and regulations established hereunder and any amendments thereto shall be made available to all Members at the Association office. Such rules and regulations may be enforced by legal or equitable action. 5. BNI'ORCBMENT OF RESTR:ICT:IONS: The Association through its Board of Directors and officers, shall have the authority to enforce restrictions imposed by this Declaration, in any manner provided by law and/or equity. As the remedy at law for any breach of any of the terms of this Agreement may be inadequate, the Association shall have a right of temporary and permanent injunctive and other equitable relief which may be granted in any proceeding which may be brought to enforce any provision hereof, including within such other equitable relief, specific performance, without the necessity of proof of actual damage or inadequacy of any legal remedy. 6. CON'l':INOAL MA:INTENANCB: In the event of a permanent dissolution of the Association, then the Members shall immediately be required to form a successor association (to be a not-for-profit corporation) to hold title to the Common Property and provide for the continued maintenance and upkeep thereof. Members of the successor association may, upon a vote of its members, offer to dedicate the Common Property to the City of Boynton Beach, Florida. ART:ICLB V:I ASSBSSMBN'l'S 1. AOTHOR:ITY: The Association, through its Board of Directors, shall have the power and authority to make and collect Assessments as hereinafter set forth. 2. BASB ASSBSSMBNTS: Base Assessments shall be determined annually for the purpose of maintenance and management of the Association and the Common Property. Maintenance and management expenses referred to herein include, but are not limited to, the cost and expense of: operation, maintenance and management of the Association, the Common Property, property taxes and assessments R:\l\TCC..RES\122\Del - 12 - DEC 21 '94 03:27PM BROAD AND CASSEL P.5 ~ against. the Common Property; insurance coverage for the Common property; lega~ and accounting fees; mana9...nt. fees; normal repairs and replacements; charges for ut.ilit.ies used upon the cOlllDlon Property; cleaninq services; expenses and liabilities incurred by the Association in the enforcement of its riqh~B and duties against Members or others; the creation ot reasonable reserves for capital expenditures and deferred main~enance of depreciable items (UReservesll), and all other expenses deemed by the Board of Directors to be necessary and proper for management., maintenance, repair, operation and enforceaent. , :3 . COIIP'D'!a'!:EOII AJID COLLBC'1':EOJI OW DB. A88.8~8: ne Association shall annually estimat.e the expenses it expects to incur and the period of time involved t.herein and assess i'ts Members Buff icient monies to meet. this es~imate. All Parcels shall be assessed a~ a uniform ra~e such that each of the four Parcels identified on EXhibit liB" shall initially pay 25% of each assessment. The Parcel owner shall be responsible to pay all assessmen~s levied in accordance with this Declaration except ~t where such Parcel is being developed with single family residences comprised of Units, the Owners of such Units shall divide all assessments aqainst the Parce1 so that each owner of ~he Unit in such Parce1 shall be responsible for its prorata share of such payment. Notwithstanding the :foregoinq, the Declarant shall be responsible to pay all assessments levied against. the Single Family Parcel until Declarant is no longer the record title holder of any property within the sinqle FamilY parcel. Should the AssoQia~ion at any time determine that the assessments made are not sufficient to pay the expenses, the Board of Directors shall have authority ~o levy and collect additional Base Assessments to meet such need.. Base As......nts shall be collectible in advance monthly, quarterly, semi-annually or annually, as the Board of Direa~or. shall determine. A Base Assessment shall be considered delinquent if not paid by the due date. 4. 8PBCxaL A88.S~: The Association may levy a special assessment ("Special Assessment-) against each Parcel for any of the followinq purposes: the acquisition of property by-~. Association; defraying the cost. of construction of capital improv_en~B to the COJDlOft property; ~ cost of construct.1on, reconstruction, unexpectecl repair or replacement. of a capital improv_en~, inCluding the necessary fixtures and personal property related thereto. OWners of each Parcel shall be responsible for the payment of all Special Assess.ants levied hereunder provided. however, that notwithstandinq the foreqoinq, the Declarant shall be responsible to pay all assess.en~s levied against the single Faaily Parcel until Declarant is no longer the record title holder of any property within the sinqle Family Parcel. When a Special Assessment exceeds TEN '!'HOUSAND ($10,000.00) DOLT..lt,RS per parcal, it. shall require the approval of the membership o~ the Association, to be obtained at a duly convened regular or special meeting at which ~ R:\'nroCU~I;' - · - 13 - DEC 21 '94 03:28PM BROAD AND CASSEL P.6 ~ all Votinq Representatives and Additional Representative are present in person or by proxy and such meeting is called at least in part to secure this approval by an affirmative vote of a majority of same. Notwithstandinq anythinq to the contrary herein contained, it is recognized and declared that any Special AsseBement shall l:Ie in addition to and not. part of any B... Assessment, any such Special Assessment assessed aqainst Parcels shall be paieS l:Iy such Parcel owner in addition to any regular Base Assessments. special Assessments shall be paid in such installments or in a lump sum as the Board of Directors shall, froa time to time, determine. 5. puem, U..8811BD8: The Parcel Association for each parcel may request that additional services or a hiqher level of services l:Ie provided by the Association and, in such case, any additional costs shall be ad.ded to such budget. SUch bud.qet may inolude a capital contribution establishing a Reserve funes for repair and replacement of depreciable items within the Parcel as appropriate. Parcel expenses shall be allocated equally alllonq all units within the Parcel benefitted thereby and levied as a Parcel · Assessment. The Board of Directors shall cause a copy of such bUdget and notice of the amount of the Assessment to be levied on each Unit in the Parcel for the coming year to be delivered to each OWner of a Unit in the Parcel at least thirty (30) days prior to the beginning of the fiscal year. Sucb budqet and Assessment shall become effective unless disapproved by a majority of OWners of Units in the Parcel which the Parcel Assessment applies; provided. there shall be no obligation to call a .eetinq for the purpose of consid.ering the budget except on petition of OWners of at least ten (10%> percent of the Units in sucb Parcel. In the event the proposed budget for any Parcel is disapproved or the Board of Directors fail for any reason to determine tba bUdqet for any year, then and until such time as a budget shall have been eSe'tenained as provided hereln, the budget in effect tor the immediately prececiinq year shall continue tor the current year. 6 . _._ay 8PIICXAL as8B811JO!111l'8: The Board of Director. may levy an emerqency Special Ms....ent ("Emergency special Assessmen~") when, in its Bole determination, there is potential danger of damage to persons or property. Such asse..ments may be utilized to pay for preventative, protective or re.edial construction, reconstruction, improvements, repairs or replacemeDta · to the COmllOft Property in all areas of the Property. Events justifying Ellerqency special Assessments include, but are not limited to, hurricanes, floods and fires. BIIle%'CJenClY speoial Asses.ments may also be levied for roof, plumbinq or structural repairs to improvements on the Common Property. Subject to the limitations set forth.herein, Emerqency special AS...sments shall be collectible in such manner as the Board of Directors shall determine. L~ - 14 - ~ 7 . INDIVIDUAL ASSESSMENTS: The Association may levy and collect an individual assessment ("Individual Assessment") against a particular Unit for the cost of maintenance, repairs or replacements, within or without the unit which the Owner thereof has failed to perform and which failure or refusal to perform has in the opinion of the Association, endangered or impaired the use, value or appearance of the Property. The Association has a right of entry onto each Unit to perform necessary maintenance, repairs or replacements, including the right to abate or eliminate any nuisance. This Individual Assessment shall include an administrative fee charged by the Association in an amount to be determined, from time to time, by the Board of Directors in its discretion. All Individual Assessments shall be collectible in such manner as the Association shall determine. 8. COVENANT TO PAY ASSESSMENTS: In order to fulfill the terms, provisions, covenants and conditions contained in this Article and this Declaration, and to maintain, operate, preserve and improve the Association's Common Property for the recreation, use and benefit of the Association, Members and their quests, invitees, tenants, lessees and licensees, there is hereby imposed upon each Member of the Association the affirmative covenant and Obligation to pay the Association all assessments, including the Base Assessment, Special Assessment, Emergency Special Assessment, Individual Assessment, and Parcel Assessment as provided for and subject to the terms, conditions and limitations set forth herein. Each Member of the Association or Owner by acceptance of a deed or other instrument of conveyance conveying a Unit, and each grantee by acceptance of a deed or other instrument of conveyance conveying a Pod, whether or not it shall be so expressed in such deed or instrument, shall be obligated and agrees to pay to the Association all assessments in accordance with this Article and this Declaration and each consents and agrees to the lien rights set forth hereunder. Except as otherwise set forth herein, the obligation for payment of all assessments shall commence when title to a Parcel, Pod or Unit is conveyed-to the Owner or Member~- 9. BFFBCT 01' NON-PAYXDrl' 01' ASSBSSKBIIT: All notices of assessments from the Association to the Members shall designate when the assessment is due and payable. If an assessment is not paid on the date when due, it shall then become delinquent and shall bear interest at the maximum rate allowed by Florida Law, from the date when due until paid. The assessment, together with interest thereon and the cost of collection thereof, including attorneys' fees, shall be a continuing lien against the Unit or Parcel against which the assessment is made and shall also be the continuing personal obligation of the Owner of such Unit or Parcel. If any assessment, or any installment thereof, shall not be paid within thirty (30) days after the due date, the Association may, at any time thereafter, accelerate the entire amount due for the balance of the calendar year for which the assessment was made and R:\1\TCC.RES\l22\Dedara.l - 15 - declare the same immediately due and payable. The Association may also record a claim of lien in the Public Records of Palm Beach County, Florida, setting forth the amount of the unpaid assessment and the rate of interest due thereon. The Association may at any time thereafter bring an action to foreclose the lien against the Unit, Parcel or Pod, and/or a suit on the personal obligation of the Owner or Parcel Owner. In the event the Association prevails in any such action, then there shall be added to the amount of such assessment the following: the cost of such action, interest on the assessment at the maximum rate, as above provided, and attorneys' fees incurred by the Association. Any successor in title to a Unit or Parcel shall be held to have constructive notice of the records of the Association to determine the existence of delinquency in the payment of assessments. 10. CERTIFICATE OF ASSESSMBN'l'S: The Association shall prepare a roster of the units and Parcels and assessments applicable thereto, which shall be kept in the office of the Association and shall be open to inspection by all Owners and/or Members. At the request of an Owner and/or Member, the Board of Directors shall prepare a certificate of Assessments (the "Certificate") signed by an officer of the Association, setting forth whether such Member or Owner is current with respect to such assessments and/or the amount which is due as of the date of the certificate. As to parties without knowledge of error who rely thereon, such Certificate shall be presumptive evidence of payment or partial payment of any assessment therein stated as having been paid or partially paid. 11. SUBORDINATION TO LIEN OF MORTGAGES: The lien for assessments for which provision is herein made shall be subordinate to the lien of any Institutional Mortgagee. Such subordination shall, however, apply only to the assessments which have become due and payable prior to a final sale or transfer of the mortgaged Unit, Parcel or Pod pursuant to a decree of foreclosure, or in any other proceeding or conveya-nce in lieu of - foreclosure - -of a mortgage. No sale or transfer shall relieve any owner of a Unit, Parcel or Pod from liability for any assessment thereafter becoming due, nor from the lien of any such subsequent assessment. Any delinquent assessments which are extinguished pursuant to a sale or transfer in connection with the foreclosure of a Mortgage, or any proceeding or deed in lieu of foreclosure, shall be reallocated and assessed among all of the non-defaulted owners and Members. The written opinion of the Association that the assessment lien is subordinate to a mortgage lien shall be dispositive of any questions of subordination. 12. PAYMENTS BY DECLARANT: Declarant shall be responsible for the payment of that portion of the expenses for the Common Property which exceed the amount to be paid by the other Members pursuant to the budget of the Association. R:\1\TCC.RES\122\Dedara.l - 16 - c# DEC 21 '94 03:28PM BRORD RND CRSSEL P.? D~XCL. V;U: . JD.:rJrr....~ ~ 1. A88OC%A!!IOIIIS R118POJ18:IB:ILXft: PUrsuant t.o and sUbject to · the provisiona of Article v, the Association shall maintain and keep in 900d repair the co_on property, such maint.enance to be funded as htlreinafter provided. This maintenance sha11. inc1.ude, but lIha1.J. not be limited to, maintenance, repair, and replaceJlent, sUbjeot to any insurance then in effect, of all landscaping aad other ~lora, structures and improvement- situated upon the c~ Property, inCluding bUt not limit.ed t.o drainage systeas, irrigation system, recreation and open space, utilities, traffic control devices, the pedestrian syst.81I, all streets, lakes and suab portions ot any additional property included within the eo..an Property as may be dictat.ed by this Declaration, or by a contract or agreement for maintenance thereof by the Association. Except as otherwise specifically provided in Sections 1 and 2 of this Article, all costs associated with maintenance, repair and replacement of the Common Property shall be a co.-an expense to be allocated as part of the Base Assessment. 2. 0IftIsa.! 8 ...POlIS:J:Bl:LX'1'Y: Each owner shall maintain his or her Unit and all structures, parking area. and other improvl!!!JIeDts comprising the Unit in a manner consistent with the community-wide standard and all applicable covenants, unless such maintenance responsibility is otherwise assumed by or a.signed to a Parcel Association pursuant to any additional declaration of covenants · applicable ~o such Unit. Each owner shall maintain all spriDk1er pipes and sprinkler heads which are part of the irrigation sys1:8a located on each owner's Unit. Bach owner shall maintain the entire driveway which services his or her unit, any qrasa strip betwaan the sidewalk in front of the unit and the Str..~, .. well as 'the mailbox which serves the unit. If any owner fails properly to perfo~ his or her maintenance responsibilit.y, the Association may perform it and assess all costs incurred by the Association aqa-inst the uni ~ and the OWner thereot in accordance with Article VI, Section 7 of this DeclarationJ provided, however, except when entry is required due to an ..erqency situation, the Association shall afford the owner reasonable notice and an opportunity to cure the problem prior t.o ent.ry. 3. HD~ CRo_.. JdID emmcB dlDl_ "'1PB'~XBrLJ:'Er1 The Apartment owner and Church owner shall maintain their respective Parcels and all structure., parking areas, buildings, Improv.-n~. whatsoever, Exclusive Common Areas on such ParcelS, lakes, streets, street: lighting, reareat.ion areas, landscape buffers and lanel.cape within such parcels in a manner oonsistent with cOJlUllunity-W1.de Standard. , It~ - 17 - 4. RBSPONSIBILITY OF SUBDIVISION 01fNBR: Subdivision Owners shall form Parcel Associations which shall be responsible for paying all costs of maintenance of their respective Parcels for which maintenance is not provided by the Association, including without limitation, buildings and amenities within the Parcel. Any Parcel Association having responsibility for maintenance of all or a portion of the Property within a particular Parcel pursuant to a Parcel Declaration affecting the Parcel shall perform such maintenance responsibility in a manner consistent with the community-Wide Standard. If any such Parcel Association fails to perform its maintenance responsibility as required herein and in any additional declaration, the Association may perform it and assess the costs against all units within such Parcel as provided in Article VI, section 5 of this Declaration. ARTICLB VIII BASEMENTS. COMMON PROPERTY. RIGHT OF BNTRY 1. OWNERS · EASEMENTS OF ENJOYHENT: Subj ect to the provisions of this Section, each Owner, the Church Owner. the Apartment Property Owner, the Subdivision Owners, their respective guests, tenants, licensees and invitees shall have a non-exclusive right and easement of enjoyment in and to the Common Property to share in common with all other Owners, which easement shall be appurtenant to and shall pass with the title to each unit and Parcel. 2. BXTENT OF OWNERS' BASEMENT: The rights and easements of enjoyment created hereby shall be subject to the following: (A) The right of the Association to suspend the enjoyment rights and easements of- any Owner, Church u~wner, Subdivision Owner or Apartment Owner for any period during which any Assessment remains unpaid by that person or entity, and for any period during which such person or entity is in violation of this Declaration, any of the rules and regulations. (B) The right of the Association to properly maintain the Common Property. (e) The right of the Association to dedicate or transfer all or any part of the Common Property, to any public agency, authority, utility water management or water control district, or other entity or person. (D) Restrictions contained on the Plat, or filed separately, with respect to all or any portion of the Property. R:\1\TCC.RES\122\Dec1an.l - 18 - (E) All of the provisions of this Declaration, and the Articles of Incorporation and By-Laws of the Association and all Exhibits thereto, as same may be amended from time to time. 3 . GRANT AND RESBRVATJ:OH 01' EASEKBH'l'S: Declarant and Church Owner hereby grant to the Association and the other persons and enti ties hereinafter set forth, and Declarant and Church Owner reserve unto themselves and their respective nominees the right, on behalf of themselves and the Association, to grant the following exclusive and non-exclusive easements on, upon, over, across, through and under that portion of the Property owned by Declarant and Church Owner respectively, as deemed to be in the best interests of and proper for such property, including, but not limited to, easements in favor of the Declarant, the Association, church Owner, Apartment Owners and Parcel Association, any designees of the foregoing, Members, Owners, and all their family members, guests, and invitees and lessees, and their family members, guests and invitees and to various governmental and quasi- governmental authorities and agencies and private concerns for the purposes and uses hereinafter specified: (A) Easements to provide for installation, maintenance, service, repair of utilities are granted as shown on the Plat. The Declarant, the Association and its Members (or such other entity as is indicated on the Plats) are hereby granted rights of ingress, egress and access to all easements within which such underground facilities are located for the purpose of operation, maintenance and replacement thereof. (8l- Easements for the installation and maintenance of drainage facilities are granted to Palm Beach County, Boynton Beach and/or other entities as shown on the Plat. All governmental entities requiring same shall have access to all such drainage easements for the purpose of operation and maintenance thereof. (C) The Common Property is -nereby declared to-be subject to a perpetual, nonexclusive easement in favor of the Association, its Members, employees and agents of the Association, owners, Church Owners, Apartment Owners and their tenants, and of any management entity contracted by the Association, in order that such employees, agents and management entity may carry out their duties. (D) Easements for the installation and maintenance of signs are granted to all Subdivision owners and the Apartment Owners over the Common Property for signs relating to the construction and sale of Units generally and the construction and rental of apartments on the Apartment Parcel. R:\1\TCC.RES\122\DecIara.l - 19 - ART:ICLB :IX DECLARANT'S R:IGHTS Any or all of the special rights and obligations of the Declarant may be transferred to other persons or entities provided that the transfer shall not reduce any obligation nor enlarge a right beyond that contained herein, and provided further, no such transfer shall be effective unless it is in a written instrument signed by the Declarant and duly recorded in the Public Records of Palm Beach, Florida. ART:ICLB X USE RESTR:ICT:IONS 1. RESTR:ICT:IONS ON USE OP UN:ITS AND COMMON PROPERTY: (A) Residential Use: All Units and rental apartments on the Apartment Parcels shall be used only as single-family or multi- family, private, residential dwellings and for no other purpose, except that the Apartment Owner may maintain a leasing office and a maintenance office and recreational facility on the Apartment Parcel, and Owners may use units as sales offices. (B) TemDorarv Structures: No structure or object of a temporary character such as, but not limited to, house trailers, tents, shacks, sheds or temporary or accessory buildings or structures, shall be erected, kept or maintained on the Property, or any part thereof. This restriction shall not apply to temporary structures used by Declarant or wi th Declarant · s consent, for development, construction or sale of the Property. This restriction may also be waived by Declarant with respect to construction by Subdivision Owners and Apartment Owners, pursuant to separate written agreements.~ (C) Rules and Recrulations: No person shall use the Common Property on any Parcel or any unit in any manner contrary to, or not in accordance with, the rules and regulations which may be promulgated by the Association from time to time. (D) Enforcement of Restrictions: Declarant and the Association, through its Board of Directors, shall have the authority to enforce those restrictions imposed under this Article x, and failure to do so shall not be deemed a waiver of the right of enforcement. R:\1\TCC.RES\122\Dec:Ia.l - 20 - ARTICLB XI INDEMNIPICATION OP OPPICERS, DIRBCTORS AND MEMBERS OP THB MODIFICATION COMMITTBB Every officer and director of the Association shall be indemnified by the Association against all expenses and liability, including attorney fees, reasonably incurred by or imposed upon him in connection with any proceeding to which he may be a party or in which he may become involved by reason of his being or having been an officer or director, whether or not he is an officer or director at the time such expenses are incurred, except in such cases wherein the officer or director is adjudged guilty of willful misfeasance or malfeasance in the performance of his duties, provided that, in the event of any claim for reimbursement or indemnification hereunder based upon a settlement by the officer or director seeking such reimbursement or indemnification, the indemnification herein shall apply only if the Board of Directors approves such settlement and reimbursement as being in the best interest of the Association. The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which such officer or director may be entitled. ARTICLB XII INS URANC B Insurance, other than title insurance, that shall be carried on the Common Property shall be governed by the following provisions: 1. AUTHORITY TO PURCHASB: NAKED INSURED: All insurance policies upon the Common Property shall be purchased by the Association. The named insured shall be the Association. The policies shall provide that payments by the insurer for losses shall be made to the Association and any Mortgagee whose lien encumbers the Common Property, as their interests may appear. Property and casualty insurance for all Exclusive Common Area shall be issued by an insurance carrier licensed by the state of Florida, and shall be purchased, maintained and paid for by the Parcel Association, if any, and if not by the Owner of such Parcel. The Parcel Association or owner of such Parcel, as applicable, as well as the Association will be the named insured, and the Association shall be given written evidence of such coverage. All Owners of units shall be responsible to obtain property and casualty insurance for their respective units and all improvements thereon. Unless otherwise provided for by a Parcel R:\1\TCC.RES\l22\DecIara.l - 21 - DEe 21 '94 03:29PM BROAD AND CASSEL P.8 ASsociation, coveraqe limits and conditions sba~l be as set forth herein or as otherwise determined by the Association. 2 . CmFWD..g.. ~ (A) ca.aa1~" IllauraDC:8S All buildings and insurable Improvements on the COJDon Property, shall be insured for fire and extended coveraqe peri~lI, excludinq foundation and excavation costs, at their JIl4XillWll insurable replaclmSDt value, and all personal property owned by the Association shall be insured for its full insurable value, all determined annually by the Board o~ Directors of the Association. (B) PUb1ia Liabili~Y %Dsurance. The Association shall obtain public liability and property daaaqe insurance covering all of the Comaon Property and Improveaents thereon, and each Parcel · Aesocia~ion or, if none, the owner of the Parcel shall obtain such coverage with respect to Exclusive CODIIIon Property and. Improvements owned by such owner or Parcel Association on its Parcel. (e) JgrkmAD'8 c~.D.a~ioD %D8uraDce: The Association shall obtain workmenls compensation insurance in order to meet the requirements of law, as necessary. (D) P100d ::IDMlraDce: Tbe Association, all Parcel Associations or, if none, the owner of a Parcel shall obtain flOOd insurance to meet the requirements of federal, state, or local law, or any rSIJUlation enacted pursuant to federal, state or local law, as necee.ary. , (E) Otber %JlsuraIl.C8. The Board of Directors of the Association sball obtain such other insurance as they ahall determine fr~ time to time to be desirable, inCluding, but not limited to, Directors' and Officers' liability insurance. (F) 8~roqa~laD Waiver: If available, the Association shall obtain policies which provide that the insurer waives its riqht to subroqation as to any- _claill aqainst Members,_ the Association ancl their respective servants, agents tenants and quests. 3 . VIlIIIIYUII8: PremiUJllS for insurance polici.. purchased by the Association shall be paid by the Association. The cost of insurance premiums and other incidental expense. incurred by the Association in acl1linistering and carryinq out any of the provisions of this Section shall be assessed against aneS collected from lIemJ)ers as part of the Base Assessment. parcel Associations and owners of Parcels will pay all costs relative to insurance policies purchased by such Parcel Association or owner of a Parcel, as applicable. ., R~ - 22 - DEC 21 '94 03:29PM BROAD AND CASSEL P.9 :> 4. ....- 01' noc---: All in_urance polioies purchalled by , the Association shall be for the benefit of the Association and any Mortgagee whose lien enc'~"hers the cCXIIIIIOn Property, as their in1:erests may appear, and shall provide that all proceeds covering losses shall be paid to the Association. s. D%B'flI.l:ButR:!OJI 01' nlX!l!WftR: proceeds of insurance policies received by the ASsociation sball be distributed to or for the benefit of the Members in the following manner: (A) ..aDlUI~a1:icm or Reaaira If the <1_ge for which proceeds are paid is to be repaired or reconstructed, 'Che remainiDq proceeds shall be paid to defray the cost of such as hereina~tar provided. Any proceeds which remain after defraying' sucb costs shall be distributed to all H~s who have conuibUte4 to payaent of the preaiums. (B) J'ailure 1:0 .8CSOIl8-1:zuat: or _"UI If it is determined in the manner hereinafter provided that the damage far which proceeds are paid shall not be reconstructec1 or repaired, the remaining proceeds shall be distributed to the Members who have contributed to payment of the premiums. There shall be no distribution of remaining proceeds until all debris, remains and residue have been cleared and removed, and the damaged. area haa · been properly landscapeel. In the event of loss or daJaaq8 to personal and/or real property belonging to the Association, and should the Board of Directors of the ASsociation determine not to replace such personal and/or real property as may be lost or damaged, the proceeds shall be distribUted to the BeaberS. 6. as8OCD'r:!mr'. POIDa '.rO COJD-twT,_ 01'...nrR: The Board of Directors of the Association 18 hereby irrevocUly appointed agent for each K8Ilber and tor each owner of a mortgage or other lien, tor the purpose of compromisinCJ and settling all claims arisinq under insurance policies purcha8ed by the ASsociation, and to executa and deliver releases therefor upon payment of claims. :> aJlUCLJI XIII JlZCOIIII.....ua-;r:EOJI 0Jl mIIIar. AftID t!UuaLft 1. Cf'UIInII ........: If any part ot the common Property shall be damaged by casualty, the Board of Directors of the Association shall deci4e whether to repair or reconstruct such damage. :I. 'PLUS AIID .PBC:I7:!CA~:!0II8: Any reconstruction or repair must be substant.ially in accordance with the plans and JL~ - 23 - ., specifications for the original buildings, or as otherwise determined by the Board of Directors of the Association. 3. ESTXHATES OF COSTS: Immediately after a determination is made to rebuild, replace, raise or repair damage to property for which the Association has the responsibility of reconstruction, replacement or repair, the Association shall obtain reliable and detailed estimates of the cost to rebuild, replace or repair. Such costs may include professional fees and premiums for such bonds as the Board of Directors require. 4 . SPECXAL ASSESSMENTS: The amount by which an award of insurance proceeds to the Association is reduced on account of a deductible clause in an insurance policy shall be assessed equally against all Parcels. If the proceeds of such Assessments and of the insurance are not sufficient to defray the estimated costs of reconstruction, replacement and repair by the Association, or if at any time during reconstruction, replacement and repair, or upon completion of reconstruction and repair, the funds for the payment of the costs of reconstruction and repair are insufficient, special Assessments shall be made against the Parcels in sufficient amounts to provide funds for the payment of such costs. 5. CONSTRUCTION FUNDS: The funds for the payment of costs of reconstruction and repair after casualty, which shall consist of proceeds of insurance held by the Association and funds collected by the Association from Special Assessments shall be held in a governmentally insured escrow account and disbursed for payment of the costs of reconstruction and repair in excess of the proceeds received from insurance coverage. 6. RECONSTRUCTXON OF EXCLUSXVB CODON PROPERTY. If any Exclusive Common Property is damaged by casualty, the Parcel Association, or if none the owner of such Parcel, shall determine whether to repair or reconstruct the damage which repair will be at its sole cost and expense. 7. RBCONSTRUCTXON AND REPAIR. If any Improvements other than those on Common Property or Exclusive Common Property are damaged by casualty, the owner of such Improvements shall determine whether to repair or reconstruct the damage, such repair to be at its sole cost and expense. ARTXCLB XXV GENERAL PROVXSXONS 1. Dt1RATXON AND REMEDXES FOR VXOLATXON. The covenants and restrictions of this Declaration shall run with and bind the Property and shall inure to the benefit of and be enforceable by R:\1\TCC.RES\l2N)eclara.l - 24 - Declarant, Church Owner, Apartment Owner, the Association, the Owner of any unit and/or Members subject to this Declaration and their respective legal representatives, heirs, successors and assigns, for an initial term of twenty five (25) years from the date this Declaration is recorded in the public records of Palm Beach County, Florida. The covenants and restrictions shall automatically be extended for successive periods of twenty-five (25) years unless an instrument signed by the majority of voting Representatives and Additional Representative, if any, has been recorded, agreeing to change or terminate the covenants and restrictions in whole or in part. Violation or breach of any condition, covenant or restriction herein contained shall give the Declarant and/or the Association a right of action before any court of competent jurisdiction, whether in law or in equity, to compel compliance with the terms of the covenants or restrictions, and to prevent the violation or breach of any of them, and the expense of such litigation shall be borne by the Member in violation, provided such proceeding results in a finding that such Member was in violation of the covenants or restrictions. Expenses of litigation shall include reasonable attorney's fees incurred by Declarant and/or the Association in seeking such enforcement. 2. COMPLIANCB WITH APPLICABLB LAWS. In addition to these restrictions and covenants, the Members shall abide by the laws, ordinances, rules and regulations of the state of Florida and Palm Beach County. 3. NOTICB. Any notice required to be delivered to any Member under the provisions of this Declaration shall be deemed to have been properly delivered when mailed, postpaid, to the last known address of the person as it appears on the records of the Association at the time of such mailing. 4. SBVBRABILITY. Invalidation of anyone of these covenants and restrictions by judgment or court order shall in no way affect any other provision, which shall remain in full force and effect. 5 . AllDlDMBN"l' . (A) In addition to any other right of amendment or modification provided for in this Declaration, in which case those provisions shall apply, Declarant, after obtaining the consent of the Association, may by an instrument filed of record, modify, enlarge, amend, waive or add to the covenants, conditions, restrictions and other provisions of this Declaration. Such amendments shall be subject to the prior approval required by any appropriate governmental agency. Notwithstanding the foregoing, amendments for correction of scrivener's errors may be made by the Board of Directors of the Association alone without the need of consent of any other person, including the voting Representatives. R:\l\TCC.RES\122\Dec1ara.l - 25 - (B) Any duly adopted amendment to this Declaration shall run with and bind the Property for the same period and to the same extent as do the covenants and restrictions set forth herein. 6. PR:IOR:ITY 0., DOCUMEN'l'S. In the event of any conflict, the following documents shall control in the order stated: this Declaration and any amendments thereto, the Articles, the By-Laws, and the Rules and Regulations of the Association. 7. VENUE. The parties hereto agree that the venue for any action filed in appropriate courts regarding this Declaration shall be Palm Beach County, Florida. 8. USAGE. Whenever used, the singular shall include the plural and the singular, and the use of any gender shall include all genders. 9. E.,.,ECT:IVE DATE. This Declaration shall become effective upon its recordation in the public records of Palm Beach County, Florida . IN WITNESS WHEREOF, Declarant and Church Owner have caused these presents to be executed in its name, the day and year first above written. signed, sealed and delivered in the presence of: Name: Name: Howard Scharlin, Trustee FIRST BAPTIST CHURCH OF BOYNTON BEACH, a Name: By: Name: [NOTAR:IES ON NEXT PAGE] R:\1\TCC.RES\l22\Dec:Iara.l - 26 - STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this ___ day of , 199__, by Howard Scharlin, who is personally known to me or who has produced a Florida driver I s license as identification and who did not take an oath. Notary Public Name: Commission Expires: Serial Number: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this ___ day of , 199__, by , as --- of FIRST BAPTIST CHURCH OF BOYNTON BEACH, a who is personally known to me or who has produced a Florida driver's license as identification and who did not take an oath. Notary Public Name: Commission Expires: Serial Number: R:\1\TCC.RES\122\DeCIan.l - 27 - DESCRIPTION EX,., , S,r FA \\ ..:.. ;:ar~el ct ~and Slc.~ac.e In .5eCC:::n ,~, ~:"....nsnlp 45 :3ou:.n. :=.ange ...j ::asc. ?alm Beach Count'I, r:::lr~:ja. '::l@lng more parc:.::-..z.l.arL' descrlbed -'IS ~cllo"'6: ::::MMHNC!~G Sast. ?alm ;: 3 ~!orth 3EG!NNING. at :he Sout.heast corner ::If Sect.:.on::9 TownChip lS South, i<ange 43 Beach County, Flor~da; thence alonq t~@ Sast ;:~e of sald 5eCClon .~1'J,\'16" "est. a distance o! ~3::l2 55 ~eec ':.0 r:.he ?onrr'JP From the POINT 0F 9EGINNING; thence departir.g sald East line Sout.h ~8025'1)" '''est. a dlscance of 1271.36 feet to a non-r:angent ourve havlng a radius of :54'; 25 ~eet frem '...hich a =adial line bears Ilor::n 78055'36" 2ast. thence Southeasterl:I along :he arc o( sald ourve 3ubtendlng " central angle of ;8009' 1)", a distance of 219.59 teet to a pOlr.:: of =everse curvature: :hence :ontinue Southeasterly along the a:'c of a c~r'''e ':0 che r1ght ha.....lng a rad1.U6 of :~43.-~ feet. subtending a central angle of 1Ce24'39., an arc distance at 316;4 feet; thence Souch 88026':3" "est. a d1.stance :>t15J.50 feel: t':i a :;:':nn:: ':If intersection ''''lch the East. rignt - of "liay ~ ine ot the Lake ..ort.h ~ralnage District E-4 Canal as described 1n ~frlcial Records Book 2146, Page 1 -:-6 of the Publ ic Records of Palm Beach County, Florlda; thence Nor':h 200~4"~1' West along said Easc Right-at-way ~1ne, a distance of 1012 1) feet :0 it pOlnt of intersec:t.ion with the ''''esterlj' ~rO)ectlon of che South l1ne of "Palm Beach Leisurevllle Section 3"; thence along said south l1.ne N6SeS2'06 ~ast, 3 distanc~ of 248.35 feee to che southeast ~orner of Lot 4. Block 23 of 5a1.= "Palm Beach Leisureville Secc1.on )", thence North 880,25'S1" ;:as::. 3 distance of 50 ao ~eet to a point en the East :~ne of a 60 foot ~ide right- of-'..ay ~::H' S.io/ 3th Street (Formerly known '1 Barcelona ..ay as shown ':In the ?lats ot "~ake 30ynton Estates Plat 1" as recorded lor. Plat Book 13 at Page 32 and "Lake Boynton Est.ates Plat 2. as recorded ~n Plat BOOK 14 at Page 1.7, of 3a~d Public Records of Palm Beach Couney; thence along said Ease righe-of-way ~ine North C10))'09" w"!st. a distance of 1640 08 feet ::0 the Northwesc camer- o! Lot 12. Block ::0 of said "Lake Boynton eseates Plat 1"; ~hence North SS026':3" East along the North line of sald Block 20 a distance of 250.00 feet LO the Northwest corner of !.ae 7 of sa~d 910clc 20: thence South 01033'09" East. a distance of 120.00 ~eet to ehe Southwest corner of S&1.d Lot 7; t~ence Nore!1 08026'13" East. a distance or 50.00 feet to che Southeast :orncr ot caid Lot 7, thence Soueh 01033'09" Sast. a distance of 170.00 feet Lu Lhe Not'L.hwe&t COI.-ner of Lot 6, Block 21 of the afores,ud "Lake ooynton ~scate. Plac 2". thence Morch 9002S'l)" Gast. a discance of SO 00 feet to the NUl'Lhca::L corner of said Lot !t; thence Souch 01033' 09' ease, a distance of 120.00 feel Lu lltc South~..uJt r.ornfl!r of Ri'lid Lot ~; thence North 88-26'13" 2ast along the North line of the Souch one-half (C 1/~' of Blocks ~1 and 22 "I' /.'laid .L~kp. Boynton ~states "lat 2-; a distance of L1S0. 75 feet to the !;('Iuthwr.f:t. r.nrnp.T nf Lot " BlcK:k 23 uf ~..id "Lake BoynLul1 Et>ldll:lG PlclL 2.; thence North 0134'16- West alonq the West l1.ne of Blocks 23. 18A ..md 18, d distance of 710.00 feet t~ the NorthweSt corner of ~ot 3. Block 18 of the aforesaid ":'ake Boynton Bstat.s Plat 1., a distance of 710 feet 1:0 the Northwest corner _of LaC 3, -Block 18 ot said "Lake -l:K)ynton a9-ta-t:.e_,_~lat 1. --, said corner also being the beginning ot a non-tangent curve havlng a radium of 390.36 feec. from which a radial line bears North 010)4'16" West; thence Northeasterly along the arc at said curve and along the Horth line of said Loe J, subtending a central angle of 07-21')2", a distance of 50.14 feet to ~he Northeast corner of said Lac 3: thence North 01034'16~ w~st, a distance ot lS6.78 teet to the Southeast corner of ~t ): Block llA of said oLake Bov~ton Estates Plat 1"; thence South 88-26'13" West. a disc.ance of 50_00 feeC to the Souc.hwest corner of said Lot 3; thence North 01034' 16- West along the West line of said Lot ); a distance of 110.00 teec co the Norchwest corr.er of said Lot 3, said corner also being tne beglnnlng of a non-cangenr o'.Jrv~ having a radius of 352.92 feet. from which a radial line bears North 01e34' 16" West; thence along the arc of sald cu~~e and along the Horth line -::Jf L.:at6 1. 2 and ) of s..id BlOCk 11A. subtending a central angle of 2SeC3.0S", a discance of 154.93 teet ::0 the Northeast corner of sald l.oC 1 and the West line of Seaboard Coast Line Railroad right-of-~ay, as shown en an u~recorded r~ght-of-w&y map; thence along the EAse boundary lines of said ":'aice Boynton Estates Plac 1" and "Lake Boynton Estates Plat 2" and the sald ~est rlghe-of-way line of the Seaboard Coast Line Rallroad South Ole]4'16" East, a distance ot 1477. 71i feet t.o che Soucheast corner of the Sortheast one-quarter (NE l/~) at said Section 29; thence conc.~nuing 31009 the sald ~ast ~~ne of "Lake Boynton Estates Plat 2- and the east line of sa~d Sectlon 29 and the said '..test right-at-way line Souc.h 01034'16" east, a distance of 1323 82 feet to the point of beginnin9. Said ~ands situate in the City of Boyntor. Beach. Palm Beach C=u~ty. Florlca. 7he 3bov~ described parcel concains 81.116 ~Cres or :and more or less. Subject :0 Easement. Restrictions, Covenants and Rights-of-ways of record. .~ ...... ,~ u .. ::l.. ....... ..... III <ll >, U U ,...., .....~...... (\l (\l e III 0.. CJ..o C1j U ~ ~ +.J ..., C'C' t::t::QJo.. QJ Cll ,...., e e OO.c ~ ~ t:: u 1-0 1-0 ..... ~ (\l (\l U'l ::l c... 0.. ..c <<Ie.; I I ..Cl I (""'1 .....N ""-::t (';l (""'1 fS NOU~ ~ CINY NOIUCJ SCJNIMiQYHJ. oKWl&1SYft .~---- 'O"nod 3:lY1d .LHa1H8"100M ,a~~hm I~~~~ I IJJ:.jJl , ull:nl c u .. (';l III 1-0 < t:: Q e e o u i ; ~ ~ OJ ~ . . .~\ - l a . i. -. -- --'n. SNO::O:'-=---.;-- - \ ~... :'-L...W -""-,~ -- .,...-'!: ~ ~. i H (l i j J 1._.9'4 ., -.;--J I" ~ i < u j ~ : .. ! f I i ~ i ~~ i ,8 I.. t B i /JJ=-~~-'''' : ~Ii :T-==-:'~~~/ ~ i'~ ;!:; i I I;-------~ .~ ~ ". · i: \.... ill G ~f!: ~; J'~ I ~i J, I ! 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'" III { II! l . - I (IIi I '1;11 I, II . illlll~ i III I' I I " g i 1m II ; ;11 ~ I' ~.I III ; ~ I ~ .. " " I ! I I I - I - J - i I; l~ J j Ie. jl j !: Iii {I- -J. OJ iJ ~_ Hi tl i I i~ ~;i; Ii~ ! :::1 HIII!n .I~n i~~ ij!i . lilt 1!Ii ilB iJi jul! hI! !I i!i iiGIr.I;I~fri:il~:J~RGr.m::~:i!I!i!~q!l~iiH:I:!1 I' II, l'hll~IIIII!!.II,lllIlh;J!r-II~llllrll::!i!l!i:,:,!,,,;,~ III. Iii tIl .'rll'I;!:'I, .1'II:It:iJt .1.I-itl..,l"II'i'.';; I i1~ 111'/' -iPI- -j!mlll:D! Ij;ItOUi;I~1 'i~. :,ul: . 11".1 ~ I~ !i!1.~I"rPI,; '.bbr:!!~t:lr.:I, ':.~~!;IIIi!:ii':: ; !I i~ 1!!'Hii,~1j~~~i.IIij!!~ml'l~tr.~:!;lm:;~'I!I!~!m1!!~:' ,I ~ l'!IIII"IIr.'I!Ij:IMI!lb~l!l' 1I1.J11'"lljl'j"j". !,: I ~ 1;~lm~ml!!I~i'l~etll"~1I~~J!ml!!~i~hl'm~1:!!i:1. I It '1IIIfi'dl,till;1111 ....1/... .Iilil,ll .""""'11. ~. !1:1I ilJ1!P.1 i:"ljll!:I~~"ilgiljl;'I!i'I'I!I"!.i!;!;r:iH:g::.; i. "11111.. :11.:1." ..~!I!I,:':lltl;.I!'1111 ,......l.~:.~.,:..:... . i ~J IW UU;hunt.h.i~lil..i.. .UII.! I...u.uu~u.,. i!lh. I 4. 5. 6. 7. 8. 9. 10. TRACT E. THE TREE PRE~~~VATION AREA. PERPETUAL RESPONSIB1_~TY OF THE ASSOCIATION INC. AND MAY IN NO WAY STATE. .' '" AS SHOWN'~( jN .S~LL BE THE WOOLBRIGtjTc; .~. PLACE, MASTER BE AL TEREDFROM ... ITS' NATURAL TRACT F. THE CHURCH PARCEL. IS HEREBY RESERVED FOR FIRST BAPTIST CHURCH OF BOYNTON BEACH AS A SEPAPATE PARCEL. THE CITY OF BOYNTON BEACH OBLIGATION. TO MAINTAIN ANY ENCOMPASSED BY THIS PLAT WHICH PUBLIC ROADS. SHALL HAVE THE RIGH~ BUT NOT THE PORTION OF TH~- DRAINAGE 'SYSTEM IS ASSOCIATED WITH THE DRAINAGE OF ~ ~. , UTILITY EASEMENTS AS SHOWN HEREON ARE HEREBY DEDICATED IN PERPETUITY FOR THE CONSTRUCTION AND MAINTENANCE OF UTILITY > FACILITIES (INC~UDING CABLE TELEVISION) . ~ TRACT G. THE LIFT STATION TRACT. AS SHOW~~HEREON IS HEREBY DEDICATED IN PERPETUITY TO THE CITY OF BOYNTON BEACH. ITS "",' SUCCESSORS AND ASSIGNS FOR'LIFT STATION AND RELAT~D PURPOSES. '~ ; .,' THE BUFFER AS SHOWN HEREON IS HEREBY DEDICATED T04THE WOOLBRIGHT i-_~'", PLACE MASTER ASSOCIATION INC.. ITS SUCCESSORS.~ND ASSIGNS. FOR BUFFER AND OTHER PROPER PURPOSES AND IS THE PERPEtUAL MAINTENANCE OBLIGATION OF SAID ASSOCIATION. ITS SUCCESSORS~ AND ASSIGNS. WITHOUT RECOURSE TO THE CITY OF BOYNTON BEAC~. t J,...; 't.'- . ~:,:,\K- HEREON ARE HEREBY FOR CONTROL AND THE'LIMITED ACCESS EASEMENTS CL.A.E..S) SHOWN DEDICATED TO THE CITY OF BOYNTON BEACH; ~URISDICTION OVER ACCESS RIGHTS. . I CORF SAICl WITN MY C MQB.I STAT COUN INTE THAT DOES OWNEI RECOI OF P, ./ IN , CORPI PRES: BE AI THIS A TTE~ ACKNC TRUSTEE DO HEREUNTO SET MY HAND STATE · 1990, I . . k I COUNl /.~ ,;) t J. -. BEFOF BY: . :.JJ( ~ ~ WELL HOWARD R. SCHA~IN. TRUSTEE EXECL / PRES] BEFOF CORPC SAID CORPC SAID WITNESS WHEREOF. I HOWARD~~RLIN. ) SEAL THIS ~~",eI DAY OF -V 'NESS: ' {J':{~....~ ~ ~ J J' '~t;S=< ~<-'-' ",L. ME PERSONALLY APPEARED HOWARD R. SCHARLIN. TRUSTE~ TO : WHTO ME TO BE THE' PERSON DESCRIBED IN AND WHO INS INSTRUMENT. AND ACKNOWLEDGED BEFORE ME THAT'HE ENT FOR THE PURPOSE EXPRESSED THEREIN. MY(KANo AND OFFICIAL SEAL THIS ...!'3~AY OF ~.. .6.-- . 1990, ~4iy- 9-/ ~tfl.,~ 1~~"" NOTARY PUBLIC ME WELL KNOWN EXECUTED THE EXECUTED SAID WITNE MY CO ,SEALi FIRST BAPTIST!.'} , - ~"-'~~ Of; BOYNTpN.... ... . 'f..} .,...~_._f,jl~~..i...~'~,1::1~E lCR \. i-'ll:L~ ( i,( 1\\ RI::SIDF.STl.\. "I,Jl..j January 3, 1995 VIA COURIER DELIVERY Mr. William Hukill City Engineer City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Re: vinings at Boynton Beach - Plat Phase I Dear Bill: Enclosed please find the following: 1. One (1) mylar of plat 2. Six (6) copies of plat 3. Cover letter from Louis Campanile requesting processing 4. Check in the amount of $750.00 for application fee for Final Plat review. 5. Engineer's Estimate of Costj signed and sealed. 6. Check in the amount of $14,131.15 which constitutes 2%j and which fee will be applied to engineering inspection fees. 7. Three (3) copies of forms of Performance Bonds; originals will be provided to you prior to the City Commission meeting. As we discussed at our last meeting, the $60,000 check for the park fee will be delivered to you on or before January 10, 1995. Please let me know when TRC will meet -to review this plat. Thank you and Happy New Year. ,. I .Be a Sc erer /Development Associate I i cc: Mike Morton Mike Haag Louis Campanile Debbie Fish ..~ -~. ",. TCR /jJ ~ :.- 7#uVj ~ l(1)~ December 21, 1994 ~~ f~/ ~. 1~ \ \I.\IJ: j (j,( )\\ 1~1 ....1\)1-'\"1'1.-\; VIA FEDERAL EXPRESS James Cherof, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Fl 33425 Re: Woolbright Place PUD - Master Association Dear Mr. Cherof: As you know, Trammell Crow has been approved to move forward with its vinings at Boynton Beach apartment project. In connection with our platting and master plan submissions, many of the developer obligations of the PUD have become our task. One item which I understand requires review by your office, lS the Declaration of Restrictive Covenants governing the PUD. The previously submitted '89 Declaration is inappropriate at this time, as it contemplated a P. U. D. entirely comprised of single family homes with fully shared recreation facilities, roads and other major common areas. Due to the unknown future development of the remaining parcels (i.e. the 14 acre single family, duplex site and church parce~), the enclosed draft contemplates a simple method of assessments, voting and maintenance provisions as follows: 1. Four (4) parcels subject to the Declaration. (See Map on Exhibit B to the Declaration) 2. The duplex and 14 acre single family tract are treated as one parcel and falls under the subdivision definition if further subdivided. 3. The Common Areas constitute the drainage maintenance tract, the preserve and other matters as prescribed by Plat. 4. Each parcel will appoint a Voting Representative with a fifth representative appointed by the Board. rnrn rn 0 \YJ rn 001 ~ DEe 221994 PLANNING AND ZONING DEPT. _L .. Page 2 5. Assessments will be made on a uniform rate such that each of the four parcels shall pay 25% of the annual estimated expenses. 6. Any parcel that further subdivides into single family, townhome, etc., shall be required to form a Sub Association to maintain the "Exclusive Common Area 11 within that site. 7 . Apartment Owners and Church Owner will fully maintain their "Exclusive Common Area" including public road rights-of-ways, private roads, street lighting, etc. As you know we are on somewhat of a fast-track approval process. Bill Hukill and I are meeting today to review the final plat and the association documents. We plan to submit on Tuesday of next week and hope that the TRC, P&Z and Commission approvals can be completed by February 15th -- therefore, you immediate attention to this matter is greatly appreciated. Please call me at (407-997- 9700) or our attorney Amy Schlosser of Broad & Cassel (407-483- 7000) should you have any questions. e 1 a Scherer Development Associate cc: Amy Schlosser, Esq. VBB - Rest. Covts. File TCR H.\\I\!U ll,Rl )\\ RFSlIl!-:'\Tl-\1 November 18, 1994 VIA TELECOPY ORIGINAL US MAIL Gary Lankert and Michael Haag Planning and Zoning City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Re: Woolbright Place PUD - Comments to Master Plan Dear Gary and Mike: In my review of the preliminary TRC comments in connection with the above referenced proj ect, it is my hope that we can eliminate and/or address some of the items very simply, in order to provide for a smooth delivery before the Commission. Planning and Zoning Comments: The first two comments reference deficiencies pursuant to Appendix B, Planned Unit Developments, Section 10 "Procedures for Zoning Land to PUD". Please note that this modification is not a Substantial Change and would not be subject to this section. It has been the premise all along that this is a "Nonsubstantial Change" . Comment 3 references that "proposed rights-of -ways and pavement widths for alleys and streets are not shown". First, the definition of Right-of-Way is "a strip of land dedicated or deeded for the perpetual use of the pUblic". Morton's Way and S. W. 8th Street are shown and widths are designated. Further, the Code reference in your comment is Appendix C, Section 4 C. 8. which states.. .Master Plan shall contain... "all existing streets and alleys on or adjacent to the tract, including name. There are no existing streets out there. Comment 4 references the lack of proposed streets within the property. Your code section reference of Appendix C, Section C. 10 states.. .Master Plan shall contain.. . "location and rights of way width of all proposed streets, alleys, rights-of-way, easements and purpose along with the proposed layout of the lots and blocks." This was not required on the prior Master Plan. All streets within the multi-family parcels will be privately owned and maintained. No other plats for lots and blocks are contemplated a D 'Ir'Hl ~ ~ ? '199,1 i~) , ! r_,....",..."..................__ PLh[,i!.JI0!G AND 7fJl\jjNI~ fit'DT Page 2 Comment 5 requests "access points to collector and arterials are not dimensioned and location not defined on horizontal control drawings" . Entry drives can be modified to be in the exact location as the Plat, if that is what is desired. Comment 6 requests that "elevation contours be shown". conversation with Mike Haag this morning, a general note added that the entire site is/or will be cut and balanced certain low and high elevation. Per my could be within a Comment 7 requires a note as to the sub soil conditions and groundwater depth. This information was never previously requested, however, must be on file in the Engineering Department in connection with the originally submitted Master Plan. Comment 8 same comment as above. Comment 9 deal s with Parks and Rec. We have had numerous discussions with respect to these lssues that stern from the Settlement Agreement and the history of the site. A specific location for a park has been waived through a credit process and trade-offs via the Settlement Agreement. Current park and recreation requirements are addressed on the plan as previously approved by every department in the TRC. Comment 10 requests a traffic impact analysis. This was submitted at the initial stages of the Master Plan and is referenced and att-ached in its entirety to the Settlement Agreement. I hope this assists you in preparing your agenda as well as clears up some misconceptions. Please call me to discuss further. cc: Mike Morton MPM File Rick Wohlfarth TCR \\1 \111l l :;J I\'\ f{1:-.IIH" I I \1 November 9, 1994 US MAIL William Hukill City Engineer City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Re: Vinings at Boynton Beach - Platting Process Dear Bill: We appreciate your efforts in moving our plat through the appropriate City channels, however, although the Commission did approve your plan to simplify the process, the Planning Advisory Board was not savvy on the idea. As we discussed, it is your intention that only the Final Plat will be processed through the Commission and Planning Advisory Board. The Preliminary Plat as submitted and reviewed by the TRC will not be processed through those committees. I assume then, that nothing more, with respect to the Preliminary Plat, is required and the written comments we received from your department will be incorporated into the Final Plat. We are in the process of preparing the Declaration and Restrictive Covenants for the Woolbright Place Master Association, as well as cross access and maintenance agreements between the two apartment parcels, which provide that the City will be void of any mair.t8n~ncc obligations within the PUD; except as orherwise noted on the existing Plat. I understand that these documents are to be forwarded to Jim Cherof for review. Sincere:ly, Be~. Development Associate cc: Greg Iglehart Mike Morton Mike Haag Rich Wohlfarth %e City of $oynton $eacli . 100 'E. tjJoynton tjJuu:ft 130uhvard P.O. tjJo~310 13oynton 13eadi, ~Coritfa 33425-0310 City 1fa[(: (407) 734-8111 ~YlX: (407) 738-7459 OFFICE OF THE CITY ENGINEER October 10, 1994 Trammell Crow Residential 6400 Congress Avenue, suite 1000 Boca Raton, FL 33487 Attention: Bettina Scherer Re: Preliminary Plat Review The Vinings at Boynton Beach - Phase I Dear Ms. Scherer: Our comments on subject preliminary plat are as follows: 1. Final documents to be submitted on mylar utilizing black permanent ink. (App. C, Art. VIII, Sec. 6, par. D, pg. 2106). 2. Permanent reference monuments (PRF) must be shown on the drawings. (App. C, Art. VIII, Sec. 6, par. D5f, pg. 2108) Note: The word "places" in line 5 of your surveyor's Certificate should be "placed". 3. Surveyor must note that all permanent control points (PCP's) will be set under his/her direction and supervision within one year from the date the plat is recorded. (App. C, Art. VIII, Sec. 6, par. D13c, pg. 2111) . 4. The initial point in the description must be tied into the nearest quarter section corner (App. C, Art. VIII, Sec. 6, par. D5h, pg. 2108) and shall be marked with P.O.B. in bold letters (App. C, Art. VIII, Sec. 6, par. D 5 c, pg. 2107). 5. The Surveyor's notes second paragraph must say "There shall be no buildings placed on easements". (App. C, Art. VIII, Sec. 6, par. D9, pg. 2109). 6. Restrictive covenants shall be noted on the final plat, and documents pertaining to them shall be submitted with the final plat. (App. C, Art. VIII, Sec. 6, par. D 1 0, pg. 2109). 7. A formal acceptance by the applicant, his grantees and assigns of the perpetual responsibility for maintenance of waterways, etc. is required. (App. C, Art. VIII, Sec. 6, par. D11, pg. 2109). !ilmema's (jateway to tlie (julfstream Trammell Crow Residential/Attention: Bettina Scherer Re: The Vinings at Boynton Beach Phase I October 10, 1994 Page #2 8. Ownership and Maintenance Association documents for private streets must be submitted with the final plat. (App. C, Art. VIII, Sec. 6, par. D12" pg. 2110). 9. Rights of way for private roads and related facilities shall be identified on the final plat as tracts for road purposes under specific ownership. (App. C, Art. VIII, Sec. 6, par. D12, pg. 2110). 10. All dedications shall be defined on the plat: (App. C, Art. VIII, Sec 6, par. D13a, pg. 2110). 11. All mortgages along with mortgagee's consent and approval must appear on plat. (App. C, Art. VIII, Sec. 6, par. D13b, pg. 2110). 12. Title Certification must include statement that all taxes have been paid on said lands as required by Section 197.051, Florida Statutes, as amended, and include official record book and page numbers of all mortgages. (App. C, Art. VIII, Sec. 6, par. D13f, pg. 2112). 13. The title of the plat must include "P.U.D.". (App. C, Art. VIII, Sec. 6, par. E, pg. 2113). 14. The final plat must comply with all portions of Sections 5 & 6, pages 2100-2118, inclusive. Applicant is reminded that although the preliminary plat may omit certain documents including~ but not limited to, easements, cross access agreements, restrictive covenants, condominium documents, deeds, etc., they will all be required with the final plat. Further, be reminded that Health Department review and approval will be required, and that document submission for that review must not only be complete, but pre-approved by our Utility Dept. Very truly yours, CITY OF BOYNTON BEACH, FLORIDA ~4~~4d/ o \VI rn rn m OCT , I 1994 William Hukill, P.E. City Engineer WVH/ck C:VININGS.REV xc: Tambri Heyden, Planning & zoning Director Peter Mazzella, Ass't. to the Utility Director CCL Consultants, Inc. P L /I. -rfII'JC- %e. City of r.Boynton r.Beacli 100 'E. r.Boynton r.Beadi '13oulevartf P.O. r.Bo~310 tjJoynton tjJeadi,:Fforitfa. 33425-0310 City 9fa{[: (407) 375-6000 (: (407) 375-6090 OFFICE OF THE CITY ENGINEER September 16, 1994 Trammell Crow Residential 6400 Congress Avenue Suite 2000 Boca Raton, FL 33487 Attention: Bettina A. Scherer Re: The vinings at Boynton Beach Dear Ms. Scherer: You recently asked me to outline for you the various steps in our platting process. Those steps are listed on the attached sheet. with respect specifically to the vinings, I committed to you that I would endeavor to substantially shorten your route through the illaze of steps listed. First, and perhaps most important, you may submit for a dredge, fill and/or excavation permit (see Appendix C, Article XIV, Section 4, Page 2151) upon completion of construction plans and independent of the Land Development permit stipulated in Appendix C, Article III, Section 9, page 2118. The dredge, fill and/or excavation permit will be issued upon approval of construction plans by this office and the Building Department assuming fees, surety and other Code requirements are satisfied for that portion of the work. The initial plat submittal should be complete with respect to conditions in place on submittal date, but may omit to include final construction plans. In other words, the review process for this "Boundary" plat will be substantially shortened, and thereby it should reach the City Commission much sooner than normal. Our recommendation to the Commission will include a request to waive submission of construction documents at this stage, subject, however, to submission of completed construction documents with the final plat for commission approval later. }lme,ua's (jateway to tne (ju1fstream Trammell Crow Residential/Attention: Bettina A. Scherer Re: The Vinings at Boynton Beach September 16, 1994 Page #2 The final plat submission will actually be an "overlay" documents which depicts each and every easement, agreement, condition, encumbrance, etc. required as a result of your construction proposals. Obviously, the review process for this phase is more tedious than the earlier phase because more departments are involved. No additional permits will be issued until the final plat is approved, recorded, and in our hands; surety is submitted and approved; fees are paid; and all other code requirements are met. These commitments should substantially improve your starting date for site activity. Very truly yours, CITY OF BOYNTON BEACH, FLORIDA cP d4?U;f~~ william Hukill, P.E. City Engineer WVH/ck C:VININGS.PRO c: Carrie Parker, City Manager James Cherof, City Attorney Vincent Finizio, Dep. City Engineer Mike Haag, Zoning/Site Administrator Richard Wohlfarth, CCL Consultants pRAF~ 10-15 11-15 12-15 13-15 14-15 15-16 16-17 16-18 16-19 16-20 16-21 17-22 18-22 19-23 20-24 21-24 22-25 23-26 24-27 25-28 26-29 27-30 28-31 29-32 30-33 32-34A 33-34B 34A-35 34A-36 34A-39 34A-38B 34A-37 34A-38A 34B-46 35-39 36-39 37-39 38-39 39-40 40-41 41-42 42-43 43-44 44-45 45-46 I/t2AFr PLATTING PROCESS STUDY Developer submit School Board Impact Statement Developer submit Fee Developer submit Storm Water Management Plan Developer submit Traffic Impact Analysis Developer submit Final Master Plan TRB review and approve Master Plan Developer submit Variance Fee Developer submit variance Application Developer submit 4 Const. & 9 Prelim. Plat to Engineer Developer submit Exception to Platting Developer submit Exception Fee Engineering receive Fee Engineering receive variance Application Engineering & TRB review Preliminary Plat Engineering receive Exception to Platting Engineering receive Fee variance to TRB for review Preliminary Plat to P & D Board for review Exception to Planner for review Public Hearing on Variance (include adv. fee) Prelim. Plat to City Manager for review Exception to Planning & Development for review variance to City Commission Prelim. Plat to City Commission Engineering issue Affidavit of Exception Engineer issue Statement of Technical Compliance & Surety Establishment Developer submit Surety to Engineer Developer submit Final Plat Developer submit Bond Developer submit Processing Fee Developer submit Street lighting Fee Developer submit Administration Fee Developer Plans to Health Dept. for approval Developer apply for Excavation Permit Engineer review Final Plat City Attorney review Bond Engineer forward fees to Finance Dept. Health Dept. approved plans to Engineering Engineering & TRC Review Planning Review City Manager Review City Commission Review Developer record Documents Developer deliver Recorded Documents to City Engineer City Engineer issue Land Development Order C:PLATTING.PRO 9/16/94 D~T ~ 16-19 ~ 17-22 1~ 19-23 ~ ~ 23-26 ~ ~ 26-29 ~ ~, 29-32 ~~ 32-34A 33-34B 34A-35 34A-36 34A-39 34A-38B 34A-37 34A-38A 34B-46 35-39 36-39 37-39 38-39 39-40 40-41 41-42 42-43 43-44 44-45 45-46 {)t2AFi . ~~~T!NG PROCESS STUDY Developer submit School Board Impact Statement Developer submit Fee Developer submit Storm Water Management Plan Developer submit Traffic Impact Analysis Developer submit Final Master Plan TRB review and approve Master Plan Developer submit Variance Fee Developer submit Variance Application Developer submit 4 Const. & 9 Prelim. Plat to Engineer Developer sllbmit Exception to Platting Developer submit Exception Fee Engineering receive Fee Engineering receive Variance Application Engineering & TRB review Preliminary Plat Engineering receive Exception to Platting Engineering receive Fee Variance to TRB for review Preliminary Plat to P & D Board for review Exception to Planner for review Public Hearing on Variance (include adv. fee) Prelim. Plat to City Manager for review Exception to Planning & Development for review Variance to City Commission Prelim. Plat to City Commission Engineering issue Affidavit of Exception Engineer issue Statement of Technical Compliance & Surety Establishment Developer submit Surety to Engineer Developer submit Final Plat Developer submit Bond Developer submit Processing Fee Developer submit Streetlighting Fee Developer submit Administration Fee Developer Plans to Health Dept. for approval Developer apply for Excavation Permit Engineer review Final Plat City Attorney review Bond Engineer forward fees to Finance Dept. Health Dept. approved plans to Engineering Engineering & TRC Review Planning Review City Manager Review City Commission Review Developer record Documents Developer deliver Recorded Documents to City Engineer City Engineer issue Land Development Order C:PLATTING.PRO 9/16/94