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APPLICATION r'r _...~ I TO ~ .~ ",rt: --'~:-~,~,:..:,,',,7~'i';'~ - - FROM Betty Boroni, City Clerk '.r1mo1:hy CUPftU, As.istant City Plaaaer SUBJECT:__~~~~-_~~l~~_~~--~.Q------~.-.-_-----_.---------__________. DA TE:____~-6-8 3________ POLO. ~yiD9" t:bis aeIIO you will find an application 1:0 rezone fromR-3 (JDUltiple-faaily J:8SidenUal) to a Pl.n'" Unit Develof8el1t with · Land Use Intensity of' ....00. 'l'his application is subaitt.ed by -rara Developll8Jl~ Group, Inc. Also, at~_ehed is a cbeck in the amouat of $300.00 to cover the filing fee. Please advertise this aPplication for a public hearing with the Planning and ZOning Board for July 12, 1983 at 7.30 p.m. /bks Attachment RETURN TO . FaN rded~ herewith Misc. R~ceipt #69683 REPLY Receipt of same acknowledged. for $300. (copy) Wetre working on it.... Received Date Time ~ ~ -f-,-%'?r ~ , / DATE: 6/8/83 SIGNED ;' ~."/' . !~f-.~ Lois Bee ITEM /I F269 0 WHEELER GROUP INC PERSON ADDRESSED RETURN THIS COpy TO SENDER ~.JA' t!"'- \' July 25, 1983 . t Mr. Thomas Clark CITY ENGINEER City of Boynton Beach 116 S. Seacrest Blvd. Boynton Beach, FL. 33435 Re: ,/ -_/ :_.~---,-----...... p~ ft~--- Dear J.-tr. Clark: Attached hereto are eight sets of the preliminary plat, final engineering plans and engineering cost estimate for TARA LAKES pun for your review and comments. It is our desire to have this project. brought before your Planning and Zoning Board on August 9, 1983. If this office can assist you in your review, please do not hesitate to call us. Very truly yours, r;;(5:~S. :V Uat- D.M. Ambrose, P.E. INC. Attch. cc: Mr. Sam Berman _ i If Receive Date Time DMA/ns. 6190 North Federal Highway, Boca Raton, Florida 33431 (305) 997-6790 West Palm Beach 655-6151, Broward 462-2860 --:},. -r1'1,~~.r Jr r ( 4\ YA!r' i('r'j, -/ (,1 --s:. ~\C;::" vJ })/y~p 'July 25, 1983 ENGINEERING COST LSTIMATE TARA LAKES ,- PHASE I JOB #82-301 ITEM UNIT QUANTITY UNIT' PRICE TOTAL COST *40 - $ 5~OO,~ AC. 0, CY * 0.00 f. 2-:(00, ( CY ~ 0.7S :f 5,850. f DESCRIPTION I. PAVING AND'DRAINAGE A. Site Clearing 14 B. Earthwork : 1) Fill 4,600 2) Excavation (3200 CY stockpiled)7,800 C. Pavement: 1) l~ACSC w/811 Shell Base and 1211 Stab. Subgrade f9.QO tfJ9, 12.S. . (SW Congress Blvd. - Offsite) 2,125 SY . 2 ) 1~ ACSC w/811 Shell Base and t 9.00 ~8 Goo, 1211 Stab. Subgrade (Onsite) 5,400 SY I 3 ) 211 Type II ACSC w/1211 Shell and 1211 Stab. Subgrade f; 12.00 $ (2)9(00 (Congress Ave. -Offsite) 1,080 SY 4 ) 111 Type II ACSC overlay 3,950 SY $ 1.60 ~ 5".925, . D. Storm Drainage: 1 ) CMP ~ -- a) 1511 CMP 770 LF ; Jl= b) 1811 CMP 865 LF c) 3011 CMP 210 LF d) 36" CMP 400 LF 30,- e) 48" CMF 560 LF ~ 2 ) Catch Basins ( 5 I Dia. ) 2 Ea . $ 900.- Catch Basins ( 4 I Dia. ) 16 Ea. lJ; 800.- 3 ) Manholes: ~ 800.- t 3200.- a) 4 I Dia. 4 Ea. b) 5 I Dia. 2 Ea. .:t- 900,- 4- l;a m. - $".6 - / 4 ) Control Structure 1 Ea. ; ~poo 1--- 1000, "iSD '* 2.' - E. Re-shape Lake Bank 800 LF. )000, '&e>Fr~L 1/ /94;/25'. I. .~_._. ---"--~--_.,.-.- _.n _.__....._~_______~~____ . __ no' _ __ _ _____ ____~ Lfu1y 25, 1983 ENGINEERING COST ESTIMATE TARA LAKES - PHASE I JOB 4182-301 ITEM DESCRIPTION QUANTITY UNIT UNIT F.'f2.ICE TOTAL COST 11- SANITARY SEWER SYSTEM A. Sewer Mains a) 0-6 b) 6-8 c) 12-14 d) 14-16 5 1 6 2 LF t' 8.50 ~lr;; LF /0,00 LF .20;. ere> . eo LF . :2~ 00 EA. ~, 800.- . t.~::t 000," EA. . 900.- ..900.- EA. I ~oO,-- B;ooD, .. EA. ./900. . 3800.- / ~ ~ CJlJl),'- t EA. 50: O()o. LF ' B,5b . .~ 65lJ, , 1f't:t.- , EA. ~ 000, , TN. f" :;3 . - , ' 700, - / LF .$ 6()t) c/ 53/0 ~ EA. ;75;cro ' ~3sO. 1. 8" V.C.P. a) 0-6 b) 6-8 c) 12-14 d) 14-16 627 112 570 550 B. Manholes C. Specials a) Sewage Pumping Station 1 b) Force Main, 6" D.I.P. 900 c) 36 x 6" Tapping Tee & Valve 1 d) Fitting (D.I.P.) 0.20 Do.' . - Laterals a) 6" V.C.P. Pipe b) 6" Clean-outs 885 58. SUBTOTAL <$/23310 G/C4A/LJ rj4Lj ~SE I 1/ 386/50" July 25, 1983 ENGINEERING COST ESTIMATE TARA LAKES - PHASE I JOB #82-301 ITEM DESCRIPTION UNIT QUANTITY ,UNIT RPICE TOTAL COST III WATER DISTRIBUTION A. D.I.P. Water Mains 1) 10" 2) 6" 3) 4" 5 2 2 LF ;f /2.50 18h~~- LF ~ BSV 5-015. ,- LF tP,E)O 1668,- Ea. $ ~().- j; ;:<000.'- , Ea . d50,- 5'00,- Ea. 150- 300- , 1) 10" D.I.P. 2) 6" D.li.P. 3) 4" D.I.P. 2,910 590 255 B. Gate Valves C. Laterals 1) Single, 3/4" PE Tubing 2) Double, I" PE Tubing 200 LF 5,50 I //00, - 880 LF ~, S-D 5:7;;10, - " , 4 Ea. '//00, - ~ '/'100. - , 3500, - ~OO().- 2 TNS. , - 3 000, - 1 EA. ~OOD, / I' SU8TolAL 6 ~ 068, Ol D. Specials 1) Fire Hydrants (Including valves) 2) Fitting 3) Canal Crossing 3-10" corner piles w/saddle. I I TO FROM Bet.t.y Baroni, Ci t.y C~erk Carmen S. Annunziato, City Pl...- SUBJECT:______!~__~~__!~~________________,_______________________________________________ DA TE: __~___~!:~y 1'83 POLO. RETURN TO REPLY Received Date Time DATE: AccompanyinCj this memo you wi~l find modified sheet.s related to the Tara Lakes PUD. These docUllent.s are fowarded to you for central file purposes. /bks At.tachment.s . SIGNED /- r. ,--- -- - -.---- /,,' /-<:....--7...., ,: 7/20/SI SIGNED,/ ,/7/.'7 / .- r Betty S. Boroni ITEM' F26ll 0 WHEELER GROUP INC PERSON ADDRESSED RETURN THIS COpy TO SENDER --.' .... ~ t ..- v:, .' -...-. June 3, 19: .... ,..,._.~ --- - . -- ------ ...... -::-::- ::'"'n", -__..,o\~.> l'C ~.'~~~.:--:- :::-~...~ c.~='::_.~:= ~.:...-- -:=:::: -: .------"J c-. -:- :-- ~ --:- - --- -. -~ --~ -~. ~..---~ .. -- -' -- ~ - - _. \ . .. -;,..--. ,-- -- -r, ??=-;:~ r ~, ~'J , rY-.....:-;'7" - - . -'" -, Tara Inc. Development ::c.~[ Group, ( r c C: ;; '. L ,~::.::- C': r .';;~;- r,'- .: :';~j~:;::" High Point of Delray Builder No. Inc 2 l~~Lc~... ~ . - If" ~ : ,... ~ . -;--I{' " r- "-'- r: _' .' ~ == ~ _ L: ',- ... - -- ...... .'-: :.: :: ~ e ~ ~ c;- -~r.)r .............,. ~ - "'- Congress at inter- : '.!"c.pt::-7:~' Avenue ...0 !.K section of S. W. Congress Boulevard. [2.1 feEC~ :!.l'tlO:;, r- r. l...:"': P:;C':lE:.t:' ",--c, [~E 7'2- - r- - . ,..... _~'.:JC~ See attached ._----~ -----~.~-------- =- ..J . ~CI;{ lS ~~e pI'0r,e~~~.~;~e~e~t}~ ~ ~ .z c.':--J e:: :- R-3 (:; . ~ C'l......~ .. ._ _ .L- 10". c: J.. ~ ..... -. . - ~..:-,: PUD c c' ~. , ,~~ T ~..........;.~-,.- -~. -" - \,... ..~ '--.: i::: r ~'. ::. :..\..... T""""".....r ":""""'.= ..... -..- .:~" - ... ':-' -- - ..._~ :,c ~ .:- =-- :. ~-- g '" For the L::JC "; ... c- .=.. ,...... 2; _ :. construction of 144 single family, zero lot line, homes. ] EPDRTJ.l: 'T' ~ ~?Cln= .~.;~y -'. ?p J.J C .L.'T:l DJ: ~"'- .r l J....... 7.0?~ ~ j'::; .., - .... "'"; ''''''''' /.'. ~. ~ J. u c-:..: \,,'ILL ~ r-- .t::.c.. ,~C'::?, 1 r', ~;~;:::; =-:-: i:: F ~ _l: 1: ;.: ]. ] : G /..1 ~ [l ~~ c: } ~ } ; : c ,I...;; :::> ,-.,,- ~...... 1 ,,--; 1:., ,-", r.," c:r,:_1~.==- L.. ::':'.L.. ~ == -.. _...~._... :::':,~.J ~..-: ;-::.. \~ }' }~:. J C ..L. ': : J . ....: ~:-~ J S , '- " - " . , ... "I r.. . .. ~.. -. ......... , -. . - r: :- ~:.; ~,~=-'; S , ,.,! ..,:. I ~ ... ; ~ .. ~ J' .. - '. - ~ J. __. ~ ': ~ ~ ~ - '...... ..:. : : : :- .. _ r (.:' :-::~ :':!)~J..:.~~:l'J.' TO l - r L. . ~ _ ~~ ~j'--~ ;-: , ... ~ - .., ........ II> r- .:..r':~ J....J~. _. _ _ " '. r ." .: r ( - " 'i J" ;-L~'Y ~ ... '-~ . .- . - - .~ - ... L " ,,~... " ""..... '; . c. , r. - -" 2 ~ - J ..... , :-.1n~ }~~J;;:-C ~,:.;:"t i:J[ . - fo._ .. ~ ..... .' .. .... () ,., -...,... ~. '. . _~ to. r ~ r-,. r, ... - L. II> ~ - ~- !.: ~ ...",. ~'" . ': ,.. ( ;-. ..' ~ : \' r_ C( r .. ..' , . .,-.. . '"'-. 'l..J " c:.;.:-.~~ - '" ; ~ ,. ~: I ( . .. r D. Ambrose, P. Associates, E. Inc. 1-1. ...:-~ \.-.~-> Fl. 33431 655-6151 " ..-. -, ..~ LEGAL DESCRIPTION: HOUSING PARCEL A parcel of land in Section 30, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Commencing at the Southeast corner of said section 30; thence N 0051'37" W. along the east line of said section 30, a distance of 40.0 feet; thence S 88022 lIS" W along a line lying 40.0 feet north of and parallel to the south line of said section 30 a dis- tance of 495.08 feet to the point of beginning; thence continue S 88022'15" W along said parallel line a distance of 1780.36 feet; thence N 0033'17" W a distance of 845.00 feet; thence N 88022'15" E, a distance of 430.00 feet; thence S 88035155" E, a distance of 1340.36 feet; thence S 1020'08" E, a distance of 774.00 feet to the point of beginning. Said lands situate, lying and being in Palm Beach County, Florida, containing 33.330 acres, more or less. LEGhL DESCRIPTION: ROAD-RIGHT-OF-WAY A parcel of land in Section 30, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Commencing at the Southeast corner of said Section 30; thence N 0051'37" W along the East line of said Section 3D, a distance of 40.0 feet; thence S 88022'15" W along a line lying 40.00 feet North of and parallel to the South line of said Section 30 a dis- tance of 50.00 feet to a point on the West Right-af-Way line of Congress Avenue; thence N 00 51'37" W along said West Right-of-Way line, said line lying 50 feet West of and parallel to said East line of Section 30, a distance of 768.00 feet to the Point of Be- ginning; thence S 89008'23" W a distance of 451.46 feet; thence N 88035155" W a distance of 1340.36 feet; thence S 88022115" W a distance of 430.00 feet; thence N 0033'17" W a distance of 80.01 feet; thence N 88022115" E a distance of 430.62 feet; thence S 88035'55" a distance of 1340.87 feet; thence N 89008'23" E a distance of 94.25 feet to a point of curvature; thence along the arc of a curve to the left, having a radius of 1960 feet6to a point of reverse curvature; thence along the arc of a curve to the right having a radius of 2040 feet and a central angle of 2046'50", a distance of 99.00 feet to a point on said West Right-of-Way line of Congress Avenue; thence S 0051137" E along said West Right-of-Way line a distance of 107.56 feet to the Point of Beginning. Said lands situate, lying and being in Palm Beach County, Florida, and contain 4.165 acres, more or less. ~OTICE OF PUBLIC HEARING 1 { Tara Development Group, Inc. (D.H. Ambrose Associates, Inc., .1',(Jent) has requested the fo11owina Darcel be considered for rezoninq: LEGAL DESCRIPTIO~: lIousn:G PARCEL A parcel of land in Section 30, Township 45 South, Ranqe 43 E33~. Palm Beach County, Florida, more particularly described as foll~~s: Cow~encing at the Southeast corner of said sectio~ 30; the~ce N 0051'37" W. along the east line of sa~d section 30, a distance of 40.0 feet; thence S 88022 'IS" W along a line lying 40.0 feet north of and parallel to the south line of said section 30 a di3- tance of 495.08 feet to the point of beginning; thence conti~~~ S 88022'15" W along said parallel line a distance of 1780.36 feet; thence N 0033'17" W a distance of 845.00 feec; thence N 88022'15" E, a distance of 430.00 feet; thence S 88035'55" E, a distance of 1340.36 feet; thence S 1020'08" E, a distance of 774.00 feet to t~e point of beginning. Said lands situate, lying and being in Pal~ 3e~c~ County, Florida, containing 33.330 acres, more or less. LEGAL DESCRIPTION: ROAD-RIGHT-OF-\\'l\.Y A parcel of land in Section 30, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as fcl18~s: Commencing at the Southeast corner of said Section 30; thence N 0051'37" W along the East line of said Section 30, a distance of 40.0 feet; thence S 88022'15" \'i' along a line lying 40,00 fee;: North of and parallel to the South line of said Section 30 a dis- tance of 50.00 feet to a point on the \'i'est Right-of-\>lay line of Consress A'renue; thence N 00 51'37" W along said West Right-of-;';a'.. line# said line lying 50 feet West of and parallel to said East - 4ine of Sec;:ion 3D, a distance of 768.00 feet to the Point of 3e- ginning; t~~nce 5 89008'23" W a distance of 451.46 feet; thence N 88035'55" ~ a distance of 1340.36 feet; thence S 88022'15" W a distance o~ 430.00 feet; thence N 0033'17" W a di~tance of 80.01 feet: thence N 88022'15" E a distance of 430.62 feet; thence S 88035'55" a distance of 1340.87 feet; thence N 89008'23" E a distance of 9~.25 feet to a point of curvature; thence along the arc of a c~;e to the left, having a radius of 1960 feet~to a ooint of reverse C"..l::vature; thence along the arc of a curve ',to the right having a ra=,:,Cls of 2040 feet and a central angle of 2046'50", a distance of ~9.00 feet to a point on said West Right-of-Way line of Congress. Aven-..:e; thence S 0051' 37" 1;: alang said \'i'est Right-of-;'/ay line a d~stance of 107.56 feet to the Point of Beginning. Said lands situate, lying and being in Palm Beach County, Florida, ~nd contain 4.165 acres, more or less. t,ocation:. Congress Ave. & ,S.W. Congress Blvd Approximately 1000' north of Woolbright Request: REZONE from R-3 to PUD with LUI of 4.0 Project Na.-ne: TARA LAKES Use: To construct 144 single family, zero lot line, homes Owner: High Po~nt of Delray Builders No.2, Inc. Notice of a rezoning request is sent to property owners within 400 feet of the applicant's property to give you a chance to voice your opinion o.n the subject. A HEARING BEFORE THE PLANNING & ZONING BOARD WILL BE HELD AT CITY HALL, TUESDAY, JULY 12, 1983, AT 7:30 P.M. ALSO A PUBLIC HEARING IS SCHEDULED BEFORE TBE CITY COUNCIL ON TUESDAY, JULY 19, 1983, AT 8:00 P.M. ON THE ABOVE REQUEST. Comments may be heard in person at the above stated meetings or filed in writing prior to the hearing dates. If further information is desired. please call 734-8111, Extension 257, City Planner's Office. Any p~rson who decides to appeal any decision of the Planning & Zoning Board or City Council with respect to any matter considered at these meetings will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. LEGAL ADVERTISEMENTS WILL APPEAR IN THE JUNE 26th and JULY 3rd, 1983 ISSUES OF THE POST EXTRA. BETTY S. BORO~I, CITY CLERK CITY OF BOYNTO~ BEACH TO APPLICANT: It is necessary for you or your representative to be at the above stated meetings in order for your petitio~ to be considered. 11mb June 10, 1983 ~. )TICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:30 P.M., Tuesday, July 12, 1983, at City Hall, 120 E. Boynton Beach Boulevard, Boynton Beach, Florida, to consider an applica- tion with respect to the following described property located within the limits of said City, Palm Beach County, pursuant to the request of the party in interest: LEGAL DESCRIPTION: HOUSING PARCEL A parcel of land in Section 30, Township 45 South, Range 43 Z~s~, Palm Beach County, Florida, more particularly described as follows: Commencing at the Southeast corner of said section 30; thence N 0051' 37" tv. along the east line of sa'id section 30, a distance of 40.0 feet; thence S 88022 'IS" W along a line lying 40.0 fee~ north of and parallel to the south line of said section 30 a dis- tance of 495.08 feet to the point of beginning; thence continue S 88022'15" W along said parallel line a distance of 1780.36 feet; thence N 0033'17" W a distance of 845.00 feet; thence N 88022'15" E, a distance of 430.00 feet; thence S 88035'55" E, a distance of 1340.36 feet; thence S 1020'08" E, a distance of 774.00 feet to the point of beginning. Said lands situate, lying and being in Pal~ Be~ch County, Flo=ida, containing 33.330 acres, more or less. LEGAL DESC~IPTION: ROAD-RIGHT-OF-WAY A parcel of land in Section 30, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Commencing at the Southeast corner of said Section 30; thence N 0051'37" ~ along the East line of said Section 30, a distance of 40.0 feet; thence 5 88022'15fl W along a line lying 40.00 feet North of a~d parallel to the South line of said Section 30 a dis- tance of 5~.80 feet to a point on the West Right-of-Way line of Congress AV:::J.:1e; thence N 00 51' 37" ~'l along said t~est Ri~ht-of-~ojay line, said l~~e lying 50 feet West of and parallel to sa~d East line of Sec~icn 30, a distance of 768.00 feet to the Point of Be- ginning; thence 5 89008'23" W a distance of 451.46 feet; thence N 88035' 55" ';.. a distance of 1340.36 feet; thence S 88022 '15" tv a distance c= 430.00 feet; thence N 0033'17fl W a distance of 80.01 feet. thenCe N 88022'15" E a distance of 430.62 feet; thence S 88035'55" a distance of 1340.87 feet; thence N 89008'23" E a distance of 94.25 feet to a point of curvature; thence along the arc of a c~r-;e to the left, having a radius of 1960 feet~to a paint of reverse cu--vature; thence along the arc of a curve to the right having a radius of 2040 feet and a central angle of 2046'50", a distance of 99.00 feet to a point on said West Right-of-Way line of Congress Avenue; thence S 0051' 37" S aloz;g said ~..e~t ~ight-of-I'ay line a dis~a~ce of 107.56 feet to the Po~nt of Beg~nn~ng. Said lands situate, lying and being in Palm Beach County, Flo=ida, and contain 4.165 acres, more or less. REQUEST: REZONE from R-3 to PUD with LUI of 4.0 PROPOSED USE: To construct 144 single family, zero lot line, homes LOCATION:S.Congress Ave. & S.W. Congress.Blvd APPLICANT: Tara Development Group, Inc. D. M. Ambrose, Agent OWNER: High Point of Delray Builder No.2, Inc. ALSO A Public Hearing will be held by the city Council of the City of Boynton Beach, on the above request on Tuesday, July 19, 1983, at 8:00 P.M. Objections may be heard in person at the above stated meetings or filed in writing prior to the hearing dates. If further information is desired, please call 734-8111, Ext. 257, City Planner's Office. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any deci- sion of the Planning & Zoning Board or City Council with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BETTY S. BORONI, CITY CLERK CITY OF BOYNTON BEACH, FLORIDA publish: THE POST EXTRA 6/26 & 7/3/83 11mb cc: City Manager, ~ity Planner, city Attorney, Mayor & Council, and Recording Secretary f' ee:~/ ~~?~ ~F DELRAV #~MP High Point Of Delray Builder., inc. 5180 Nesting Way. Delray Beach, Florida 33445 1.305-499.7334 Palm Beach No, 734.2579 M,ami No 945.7132 April 1,1983 Tara Development Group, Inc. 10195 W. Sample Road Coral Springs, Florida 33065 Re: 30 Acres on Congress Avenue Boynton Beach, Florida Gen t lemen: Pursuant to our previous conversations and Agreement, we hereby authorize you to proceed with your PUD application for your Tara Lakes project on the above-referenced property. The only limitations we are placing on your request, as explained in detail in our Agreement, is that the PUD incorporate the same development plan we approved on January 21, 1983 and that you may not have the final PUD approval recorded until you complete the purchase of the property. If we can be of any further essistance, please let us know. Sincerely, HIGH POINT OF DELRAY BUILDERS, INC. ~. ---- .." .......~ // ;::-,-_.~t~/~. J. Kenneth Tate Vice President JKT / p g cc: Stanley G. Tate Barry E. Somerstein Ma~ 28, 1983 Carmen Annunziato City Planner City of Boynton Beach, P,O. Box 310 Boynton Beach, Fl. 33435 He: Tara Lakes PUD, Section 30, Twp, 45 S, Rg. 43 E. Dear Mr, Annunziato: 'Ibis is to affirm that Mr.". D.M. Ambrose has been designated as "Agent" to Tara Developnent Group, rnc. and as such has the authority to repre- sent and sign for the Group in matters related to rezoning with the ec: ~.~-' ~ 28, 1983 Carmen Annunziato City Planner City of Boynton Beach, P,O. Box 310 Boynton Beach, Fl. 33435 Re: Tara Lakes POD, Section 30, Twp, 45 S, Rg. 43 E. Dear Mr. Annunziato: This is to affinn that Mr. D.M. Ambrose has been designated as "Agent" to Tara Developnent Group, Inc. and as such has the authority to repre- sent and sign for the Group in matters related to rezoning with the City of Boynton Beach. :rt yo Samuel Be June 3, 1983 e. t:/ ~) -' CI~,,;/ ~?).c~~' ~~ . , --- ~ d. m. ambrose associates, Inc. consulting engineers - land surveyors Mr. Carmen Annunziato City Planner City of Boynton Beach P.O. Box 310 Boynton Beach, FL. 33435 Re: Tara Lakes pu~, Section 30, TWP. 45 S, Rg. 43E Dear Mr. Annunziato: We are pleased to present herewith a formal application for re- zoning of a 31.49 acre tract of land from R-3 to PUD. The con- tract purchaser of the land, Mr. Samuel Berman, has provided me with a documentation concerning ownership of the land and his pur- chase agreement. Two certified boundary sketches with legal descriptions and acreage are included in this application. A map of all property owners and legal description of said properties within four hundred (400) feet of this project are included herewith. Tara Lakes PUD is proposed as one hundred forty four (144) single family detached homes utilizing the zero lot line concept. It is anticipated that the homes will be eighty percent (80%) two(2} bedroom and twenty percent (20%) will be three (3) bedroom units. The units are proposed to vary from approximately one thousand (lOOO) to one thousand two hundred and fifty (1250) square feet. It is expected that this will be a retirement community with few people under sixteen years of age. The PUD will be developed in two (2) phases. The eastern approximately fourteen acres com- prising sixty (60) units, activity building and pool constitutes phase I. It is hoped that phase II will commence within two(2) years. The existing 7.2 acre lake is a~ailable in total for phase I. The zero lot line concept allows the psychological appeal of a single family residential neighborhood in an area that is zoned and would otherwise be townhouses, duplexes or quadraplexes. There is green space on three sides of the residence with well landscaped open areas between living pods. The lake gives a natural openness to the entire project on the north and the L-26 canal provides additional openness on the south. A Homeowners Association will own and be responsible for the maintenance of the lake, the recreational facilities, common landscaped areas and streets. The gross density of the project is 3.84 dwelling units per acre. cO'ntinued 6190 North Federal Highway, Boca Raton, FIQrida 38431 (305) 997-6790 West Palm Beach 655-6151 Broward 462-2860 June 3, 1983 Mr. Carmen Annunziato City Planner City of Boynton Beach Re: Tara Lakes PUD The lots all front private streets and the site plan establishes twenty five (25) feet front set-backs, fifteen (15) feet side set-backs on one side and a minimum of thirty (30) feet between rear unit walls. There will be twenty five (25) feet rear set- back abutting other zoning districts. The soil~ classification for this project as shown on the attached print is Basinger fine sand (Ba). It is not suitable for any use other than pasture. There was a shell deposit on the project but it has been completely mined. The area is well drained and will be developed with an outfall from the lake to the L-26 canal as approved by LWDD. Boring logs indicate sand to a depth of fifteen feet. ~etters of notification have been written to City of Boynton Beach Department of Utilities, Fire Safety and Sanitation, the Palm Beach County School Board, Lake Worth Drainage District, FPL, Southern Bell and Group W. Cable. A traffic impact analysis as directed by Charles Walker, Palm Beach County Traffic Engineer, is included herewith. Our site plan indicates site lighting. A preliminary landscape plan is provided as is a preliminary paving and drainage,water and sewer design with existing and proposed grades. There are no wooded areas on the site. If you have any questions on this submittal, please contact the undersigned. Very truly yours, D.M. AMBROSE ASSOCIATES, INC. /fi~L~ D.M. Ambrose, P.E. Enclosure. ns. d.m.ambrose associates, inc. I I FROM TO Betty Boroni, City Cle~k Carmen S. Lillnunziato, City Planner -r~'m\:.Il;FAiiFwit-!"~_~.""(/l',,,~,~,W'___:",a;."!.-.c'~.,<rt!"'_'\T.~''1U;:''~''''V'~Ol:E~~~'_"l...~ll.<r..;~_t,,,,,,:,,',:~__,,,';;'__"!';~"_:l9-i~ SUBJECT: TARA LAKES PUD DA TE:_?__~~~~___~~,~ 3 POLD . Accompanying this memo you will find modified sheets related to the Tara Lakes PUD. These documents are fowarded to you for central file purposes. /bks Attachments PLEASE REPL Y TO .. SIGNED <:~~::.:.~..;:;.;;-~~. '<=:~~---=:;k;;::;~-~ REPLY DATE: SIGNED ITEM # F269 0 WHEELER GROUP INC. DETACH THIS COPY -- RETAIN FOR ANSWER SEND WHiTE AND Pil\jK CUPIES 'NITH C,1\RBm~S !NTACT i. @ 120 N.E. 2nd AVENUE P.O. BOX 310 BOYNTON BEACH, FLORIDA J3435.0310 (305) 734-8111 CITY of BOYNTON BEACH. 30 June 1983 Mr. D. M. Ambrose, P.E. D.M. Ambrose Associates, Inc. 6190 N. Federal Highway Boca Raton, FL 33431 Dear Mr. Ambrose: Please be advised that a pre-hearing conference has been scheduled with the Technical Review Board in connection with your request for PUD zoning for the Tara Lakes project. The pre-hearing conference is scheduled to be held at 9:00 a.m. on Tuesday, July 5th. Yours very truly, CITY OF BOYNTON BEACH c~~ Carmen S. Annunziato City Planner /bks cc : TRB member s o .MEMORANDUM TO Carmen Annunziato R . d Ci ty Planner ecelve Date DATE June 24, 1983 FILE FROM ~etty S. Boroni ity Clerk Timp. SUSJ ECT TARA DEV. GROUP/D.M. AMBROSE APPLICATION FOR REZONE P &. Z MEETING of July 12, 1983 In reference to subject application, we forward herewith copies of the following: 1. Notice sent 6/10/83 to property owners within 400' of applicantTs property 2. Advertisement for Public Hearing, as submitted to The Post Extra for publication on 6/26 &. 7/3/83 City Clerk /lmb cc: City Manager ~ V3J 120 N.E. 2nd AVENUE P.O. BOX 310 BOYNTON BEACH, FLORIDA 3343&0010 (305) 734-8111 CITY of BOYNTON BEACH June 9, 1983 Mr. J. Steve Reel Assistant to the Director South Florida Water Management District P. O. Box V 3301 Gun Club Road West Palm Beach, FL 333402 Dear Mr. Reel: Accompanying this letter you will find documents which concern the proposed ~ra Lake PUD rezoning within the City of Boynton Beach. The proposal provides for a residential Planned Unit Development located immediately to the west of Congress Avenue and immediately to the north of Woolbright Road. Please provide the City with an evaluation of the project and indicate the extent to which it complies with the District's standards. We would appreciate knowing when we might expect your comments, so that we may schedule our public hearings accordingly. Thank you in advance for the time and cooperation that the District extends to the City in matters such as these. Yours very truly, CITY OF BOYNTON BEACH // C c....--~-v_ ~_"" -..5 c-----7/-c..---'~ Carmen S. Annunziato City Planner /bks Enclosures: Master Plan Drainage Report Development Statement File cc: Central ec: 7 ~. :: =- ~ ~ : : ~' = ~ : -, - - -- ~_... :- :-:.:~~~:~: ~ - -- - ...--. ~-,..'" ,. . .. . . ___ A,,_ ___ ~-:-'r.L] c;.~} O~~ lj;~C.?:..!'~~..'I"] O~: :C.?J.: J: ::':-:::: ']"1-; i E :c:::-rr. j7,~S~ b=- .fi}jE::': C"- =C;~.:: J E -: €:. 2~. - ,....,- c. ~ .1 "-' 2::::''::-':::=::: en::: rr:~s:. a cc :);;-.:=-2.n~~ - ~ - I ! C __ ~P?Ji':::c~i::-~~ s:.:::-:-.::.: e:: tC ~[l= T": C.:-l:-. =-- :J = I.J c';:-: " :- :--:C..'"'::: 27 ~ ..... t. ~:- . .~--.. -.. Tara Lakes .:'.:::::;:7' ~ k:'-,~; D. M. Ambrose Associates, Inc. ..::..:J~?2:SS : 6190 N. Federal Highway Boca Raton, Fl. 33431 :-:-: :\~:::: : 997-6790 or 655-6151 C,',,- : ~ r. I ~ : ~ .=-__~.~ : Tara Development Group, Inc. __ :_ .~ := : ::.: ~ I ~ \ =- - -,:::-C('. . --. - ~'----_.. 10195 W. Sample Road Coral Springs, Fl. 33065 ~~o~:~ 752-0095 \ :"lC,: - - j~cc:,,: C.~SCT:;;.:')GD) Congress Avenue & S. W. Congress Blvd. approximately 1000 feet north of Woolbrigh' ? :::=;~- ~ =-=- =--.C)=.::...~ 1 ~j?: : =C'??~~? :i\~:.~)::~ .. __ _........._ --. ':II , - .. "'-- ~ . . --- - --'" 6190 N. Federal Highway ( - ... - - - - - -- - --- - ~---::"-:::'_""" C: :: ~ :-~ :. 8"\'.-:.-2::- . Boca ~~t~n.L_F'l_~ 33431 This ~s ~hE 26dress to ~hich all a~en~es, Jetters ant o~hEr ~~te:-j21s ~ilJ be for~ardet_ ~-"~'-~ ~~-------_..- ,.'" . -\ ee; ~~~~/P5 ,. - -.................. -- -N......._TY DI:I:D, ."J:C'''L r..o.. co..r. ",,""'CO f' 0'''11 23'" Ihis 'special laarranly Dred Mode 'he)-:ff day 0/ Yh ~ . A. D. 1979 by C") C") m to m c:: Sears, Roebuck and Co., a corporalion ui.Unp unCler 'he law. of New York businrIJ 01 Sears Tower, Chicago, Illinois hereinobrr called Ihr gran'or. '0 ' ~igh Point of Delray Builders No. who,. po!SlofJice address it -."c ~f..' ,y,," ~ ;.../ L..ro..' " I . and having ill principal place 01 2, Inc., a Florida corporatio , D.., D~-I"'_~7 75c...cL, Fie ...JL., l~ <:>- / . =-> hereinafler calkd .ht' gran lee : -- (Wbf'r"f"Wt \l.Wd iJrn.:.n the Irnru ",ran.or" .na "v-nu",." iDCluck all tht- P.Mf'" 10 Ibi. iaatnutlcft' ..nd lhe he.n. kral ITprnrn...oYa ..nd ......". ol ind.vld....... .nd th. ouaruon .nd aui... 01 cClf'J'OB.......) Witnesseth: ThaI .he grantor, for and in considerolion of 'he sum of .SlO .00----- and olher uoluoble consideralion., receipl whereof is hereby ac~nowledgecl, by .hese prelenb doe. granl. Lorga;n, ull, alien, remile, rel.a,se, convey and conlirm unlo .he gran'.e. all thaI cer'ain land .i1ua'. in County. Florida, vi%: .f') ::J ~ The property described in Exhibit A attached hereto and made a part hereof,subject to the exceptions described in Exhibit B attached hereto and made a part hereof. ~ t :: ' V') STATE FLORIDA I " OF _ORIDA I _ORIOA l n~ en ~~ co GOCUMEN1ARI_~lAMP lAX I ,StAMP iAX j SlAM? TAXj %a;J ~EPT. OF flE.VE.NLlE :~":" I W 9 0 O. 0 0 I .~ 1 ......, - - - . ~ h 00 -<~ == == ~AR'L'7S ~~.: -It I 5 0 I )90 0.00 0 I I ::J: <= - H . ..;;i;.tJ . == Illtlt '.~'-:'~.;~':- . , I I c::> .....~ I ""') ..... logdhrr with all Ihf' lenemenls. Q.) DJCUMENTARY - ...... SUR TAX l. r-.. ' - ~ ... . <D ' - - , ;:'t.." ~ Q. 1"-1 heredilamenb and appurtenance!S . herf'fo belonging or in any- wise apperlaining. ' .Ip l~alJe and 10 liold, Ihe same in fee simplf' forever. ~,' ....f.'1 'n- d"'!' .,.' c..~' ,::f:I:R -:J ~k~.~ grantor hereby covenanb wilh said granlee Ihal iI i!S lawfully sei:z.ed of ,. ,.' simpk; di6t~ ~l 'PlU (load righl and lawful aulh.orily 10 sell and convey !Said land; 11.0/ iI ;~:" ,"' r.~~ '~,f;: (ille ::')I~ ~a1d land. and will defend the some agains/ 'h.P lawful dainu of all : .' Ji,.,ikr(H~h ~burt.~r ,the saId granlor. . -.- L. ..... . :. = . ' a c \.: .,:: :..~. = : ":' ,'~ ,.).., _~.;( ::. f In Witncss WhercDf .he gran/or has cau!Sed .hese prespnls '0 .....:' ' :. ...~4uU: -.: SEoUl be execuled in ib name, and ils corporale seal 10 be hereunlo alfixed. f,y ils ':!r ::;.:.;.: f'.~~ .' ~ G propc.or olficers Ihereunto duly aulhori:z.ed, ,he day and year lirsl obo,.e wrillen. . 1; 11 -" ", ~ . 'J'.""II.;'~:~~'."'.' \ ro A TrEST :..... ' ......~........................ .................. Sears, Roebuck and Co. '0 ' 0 0 Assistant Sn:1T....,. ............;:.:-..;....................................................................... OS'.n ....J in ,h. ""..nco ./, ~Bl.-C(._~~S,_-;..,,~-----u__.u_---_uu_--- ~ L:xe\..'U\....Lve v~ce '......<1..., said land in fee hereby fully war. per!Sons claiming --. ..- ) I ~T^l r or Georgia , "CbL~"~ y or Fulton ,. 1 ~[~[.IlY Cralln" ......1 0.. .hi. ct.,. "',,' ....... .. .Ucwr ...1, ....&J.cw...rcl i.. ..... Soule ...d CouD', .'orr.a.d 1.0 ....Iu. ac:...._wdi.-.t.b. .."Y':"""~"'. .1"I",:",...d E A Brennan and R G Wl.l..k.ins .:. ~ i . ,) I; ., '. .. .. . . , , .... -....." :' ExeC\Jti.ve Vice . s _ .....It ~__.. l~ ~ '" ~ ,.., I I'.....od..,.nd A.s!\.~st. ecretary . ,..........,.,1, 01 ,I.. .-_.,.- _d .. ........ I ' ;:r', ,"{ (~,to/,-~~ ..,...... .owI ,1>&, I~ w, ...11, ..~_J.du" ,~...i........, ..... i. ,1M I""W"'" 01 'we ...l-"IM... ...i.--. rlT9~ .~ vel......ril' ~ :'. ~"~:. .....~~~' ....I, ........d i.. I)",,". by ..id. c"""".,;_ "owl ....., I)" ...1 .,r,ud. 'Iw~.. .. 1M tnM/ Co<por1IlC w.1 .. ..id .-,......... '". _. .'...,,: IT.~SS .." t.a~ .owI ..,....1 ....1 .. ,lot eo...." ...e1 s..... '-., ..I...,_id ,,,.. ;>-..1' ct.,.I ""J'1II t1..."-C L . A D. "79. , . ." i ' .,\, ". 0{ Pl.lM OFF 30 7 9 B[ACH RfC 1 PAGE 1 3 9 ScJlL .......2._.Lu{/!4 -'''U~'~ry PuNI.::. Ger>rr:Il\. Sf;)t,. "t large JJ.1 v..'TI..ll....,on t_vIIC~ Oc t. 4. ) CJB2 ,7,,', Iw/nuIIOJI fTlf'lrrd J,y: A.l.lrc"SJ ,/J~ A parcel of land lying in the Southeast Quarter (SE 1/4) of Section 30, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commencing at the Southeast corner of the aforesaid Section 30, run (on an assumed bearing) North, along the East line of said Section 30, a distance of 40.00 feet to a point; thence South 89013'52" West, along the easterly extension of the South boundary line of Tract 1'28, as same is shown in THE PALM BEACH FARMS COMPANY PLAT NO.8, as recorded in Plat Book 5, at Page 73, Public Records of'Pa1m Beach County, Flo- rida, a distance of 50.00 feet to the POINT OF BEGIN- NING of the herein described parcel, and from said point continue South 89013'52" West, along the South line of Tracts 122 through 128, inclusive, a distance of 2225.44 feet~ thence North 0018'20" East, along the West line of Tracts 122 and 103, a distance of 783.82 feet, thence North 89013'52" East, along a line parallel with the above mentioned South boundary of Tracts 122 through 128, a distance of 2221.26 feet~ thence South, parallel with the easterly line of said Section 30, a distance of 783.75 feet to the POINT OF BEGINNING. -. Containing 40.000 acres, more or less. EXHIBIT A " .. PALM OFf BEACH ife 3 0 1 7 PAGE 1 400 --., -- ,.,-~ _._---,--.------,._---'---~" .,J ..----- ...--~..~- -." " , ., atW. Subject to the fOllowing exceptions: (a) Dedicatipn of roads and canal reservations as shown on Plat of Palm Beach Farms Company Plat No.8, recorded in Plat Book 5, page 73, Public Records of Pa1m Beach County, Florida~ as amended or modified by resolution of Pa1m Beach County Commissioners recorded in Official Record Book 1862, page 1350, Public Records of Pa~ Beach County, Florida; and as amended or modified by Notice of Withdrawal of Platted Roads and Streets recorded in Official Record Book 2580, page 1237, Public Records of PaLm Beach County, Florida. (b) Right of Way Deed recorded in Official Record Book 1116, page 184, Public Records of PaLm Beach County, Florida. (c) Right of Way for small lateral ditches in favor of other tracts as set out in deeds reoorded in Deed Book 189, page 355 and in Deed Book 254, page 536, Public Records of Palm Beach County, Florida, as amended or modified by Lake Worth Drainage District Quit Claim Deed recorded in Official Record Book 1844, page 248, Public Records of Pa1rn Beach County, Florida. (d) All rights of way of the Lake Worth Drainage District as now laid out and in use, which rights of way are hereby excepted from the land described herein, as set out in deeds recorded in Deed Book 738, page 510, and in Deed Book 741, page 151, Public Records of Palm Beach County, Florida. (e) Any and all reservations, easements, restrictions and covenants of record. (f) Taxes for the year 1979 and subsequent years. -. , EXHIBIT B ltcord V.rif1a' r. leada ColdJ. ~ "oba I. Dunkle l:Wt thalt Cowl '~~~If ~f~ 3017 PAGE 140 1 .. - c;,e: : cf~' 'f W/.IUI......Ty 0l[l[0. .~..C;'''L ,....0.. eo.,.. '0"'" 23"" This Spedall!farranly Deed MatiI' ,he :JO u: doy 01 August , A. D. JQ79 b). Sears, Roebuck and Co., o'colpolalion f'.l'is,ing und", ,hI' lou,s 01 New York bu~in,.u a' Sears Tower, Chicago, Illinois helpino/'" call..J 11.1' glanlol. 10 High Point of Delray Builders No.2, Inc., a Florida corporation, wl,osl' posloJ/ie,. oJJr,.ss is 4640 High Point Lake Drive, Delray Beach, Florida 33445 . and hal'ing ,fJ principal plac,. 0/ ) ') ") ") herrino/lel coll,.d "II' gran'",,: 1\,Oht,r,"cr ....d h....tl" Ihl '~,m. . "a""o,' .Dd . ,rantH" incluck .n the' pArlin 10 ,hi. i.....,ulnrDI ..d d.f h...,,,,. &".1 'rp.t'Iff"'.Uvtlo .~ .nurrn 01 JDdt\ Jd",a~ and ,he' ....~(cf'>>Dn an.ct .....,.. 01 corporatioN) ') tUitnessdh: Tho' ,h,. gron'OI. fOI and in consid,.,o'ion 0/ ".,. sum 0/ $10.00----- and olhel I'nluobl.. C'onsid,.ralions. rf'ceipl wl'f'r6o/ is lu!'rh). odmou,lf'dgpd. h~. ,hese prrsenfs does gran'. bargain. .,.11. oli,.ll. r,.misl'. I,.lposr. con 11')' and confilm un'o ,he pron'pe. 011 'ha' cer'ain land .ilUG'" in loun.).. Flurido. ,'i::: ~ "7 The property described in Exhibit A attached hereto and made a part hereof, subject to the exceptions described in Exhibit B attached hereto and made a part hereof. '" \-, ~_._'\: ....; I'.. ~ '....-T'.. \ I) . -" - , .', \..:'~ rL CJR 1L;'M\')\ S U ;~ T' ~ . '-.:. 1- - ----, y., I ! = ; ~~::'lJ_O:J;"7:" F.;\' I Z I 3. ~ G i ;; <- fl.....: ___ 'I::; L I C" -;:-:~;-~,. -;.;: I..': '-j'-,IO ,"'. ~ .....} I.... '-' ~""... z.. ~. i..,: :~i.',i:,~c."'1,-- " 57/..il',P ":"/:,): ::::) ,-", .... .:- l'~ 2 -. r-....':I r ... ~.:-.': ~ ~.: .-LV"::..';:. '. .... -. = ,., ~,~~ j"7"' ~.:;.; 5 8 I 1. 0 I' = ~e - ..c., . So \:,'~....".:" . " = :.. . .. oil .;.-: :.t I _'.1.. ..~. ~ PL /tIN T I FF'-s <L-X/-tII'lJ/, (}1~ '"3-9~ / it 8"0 E~~ U' r:. ::. '1"> ~. -=. co., ~. . .. : ... s t, v ~.u cG.-. ~ : ' ~ . .. r ...,.. to (, .}C Together u,i,h 011 Ihr IO>llf>mf'n's. hf'rpdilomf'n'~ anJ oppurlf>llonn.'s therr'o b,.lonping or in an)'- ll,j"C' apperlaining, To 11aue and to l-lold, J; .1.., samp In fpC' simpl,. forrller. tlnd ".r won'or lu>rpb)' copenan's with said gron'ef' ,1.0' iI is lawfully sciu.>el 01 soid land in fee Sitt~':"f~9"'ir'~.j;.pood riph, and Lou,/ul aull.oril}' '0 Ifill and com'ey said Lond: ,ho' it hereb)' fully war- .,;,~;1}l.~~f'~.I.i'P/L!> ,),rriJ land anJ will df'ff'nd the sam,. a~~rts' ,hI' lau,/ul claims of all persons claiming .:' 8-" ".lll1ough or w:dltJ II}p said gra(1'or. . ::' e:" " ..:. ...: ....~.... - : -,.-,., -....., . ." ~ . <~" .:.) ~ I~ t '. n '; - ~; [ I '- _:.. ....c ~ p 1 In Witness WhereDf Ih~ yronlor I'OJ rauspJ d.ese prespnls '0 ~ :.. ~ (g(lQ~ r ~^t l f 1,.. e:a.f'cu'ed in ils nome, onJ ih corpora'f' spal '0 bl' hnt>unlo al1i;uJ, by H. ;. .... "/), : propC'r officers Ilu'rpulllo dul)' ouIJ,ori:'l'd. ,hi' JO)' anti )'par firs' 01,0"" wrillen. \:~:." ". '., '''8'/ / - ~ 1&1 - ":\ 11cE'~:(~ ~. 'L ,~. '::...... y YY/~.... ......... Sears, Roebuck and Co. a.'n.., W~~nt,{~hrll Seer etary .....,.. .....-.... .. ........ '" ..' ........... ..............-....................... s....ti?~:';~..~......o/.. . ...E:.f..Brennm........................._..... ::;:::?7... ~ ~~". ExecuUve Vie. President ~T....T[ or ~ COl':-';TY OF -=::j ~ -. ~ I !lUlL." CJ, NTIT\ ....t.... II.... a.. 1-,.... _ .. .I,.u, ..." .u'''-..r4 .. ,IN 5,.... .... c-.... .lan..... .. ..u lOd_......_... r....-~Il. .",_.,r" E.. A. Br::.ennan. aOd J~, G.' Wilkins ...11 ~...-. ..' _ ... IN .... Executive" Vice ~s. and Asst. Sec.. ....,.......!T ., I_ ,..,,......_ ......... .. ...._ .--- -' .. .tw I........... ....4 ..... lue ....., ....'r'.n, M..~""....4 .U"C"".i.... d... .... _ ..... "....."". .f .... .........,...... .,.~ ',"I, ..... .e1.......ra,. ....... ~~.~~I..."'"" 'r...... .. ...... .., ..... ...._.,... .... ...., 'M ..aI .11...,.. 1M,... io w "'- ..._... ...1 ., ..... ~_...... .... - .. ", u.. a~ . '.. . :"'''''''a..1.1:\~''';1, ".aoI .... .1I...iaI ...1 i. .... C-." ...." 5uIf "'.. .1......... ,10;' ~ ....,.. -1J~ _. . A D J,"'. : ?.~:\ A"ril;< \.;. OFF REC 3127 PC () 890 : ,.. _.- ~'}.,r;f . ~"L ~(,/).. J 1_ JdC o \ \ '. " . ~~ J..,.V,'. -. J" ". '. u e v .....:. '. .nil Inrtrutnml PrPOrM BJ I.: Ncary Public, Ceorlll6l. StlJtf At Lllrft ~:J1J" JWJnplJoJI' F"f'",.,r ")': GEO My comm~J on..u.p1rn Ol:L. .l~r.2 ~ . .'~ "..~~,;:.:..\;.'. RGE H. BAILEY V'-..~ A!I.!ft,~\(,.:". JONES, PAINE. fOSTER -- ......f_.(. ~ GU"', t1 . jJ- o ~9""'f'4 --p,"~' -',f)~ .\.....L , l.Q.l'1. ~ ~ ,J~~/ ru1 I' 601 r~r.t(R Uktv' C(I:IRTV ~/ - J.^ EXHIBIT A 10 Acre Parcel A parcel of land lying in ~he Sou~heas~ Quarter (SE 1/4) of Section 301 Township 45 South, Range 43 East, Palm Beach Coun~y, Florida; being more par~icularly described as follows: Commencing at ~he Southeas~ corner of the aforesaid Section '3D, run (on an assumed bearing) Nor~hl along the Eas~ line of said Section 30, a distance of 823.75 feet; thence Sou~h 89-13'52" Wes~1 a distance of 50.00 feet to a poin~ in a line, parallel wi~h the South boundary line of Tracts 122 ~hrough 128, as shown in THE PAL~I BEACH FARMS COMPANY PLAT NO.8, as same is recorded in Plat Book No. 51 at Page 73; said point being the POINT OF BEGINNING of the herein described parcel; thence continue South 89013'52" Westl along the aforesaid parallel line, a distance of 2221.26 feet to the West line of Tract 103# as shown in said PAL~I BEACH FARMS COl>IPANY PLAT NO.8; thence North 0018'20" East, continuing along said West boundary line of Tract 1031 a distance of 196.19 feet to a point on a line parallel ,\dth the South boundary line of said Tracts 122 through 128; thence North 89013'52" East, along tne just mentioned parallel line;a distance of 2220.21 feet to a point on a line parallel with and 50 feet West of the East line of aforementioned Section 30; thence South, along said line, a distance of 196.17 feet to the POINT OF BEGINNING. :~ :J t -of Containing 10.000 acres, more or less. ~... --... " ',.J OFF REC 3127 PC OS91 ( (" ~/P . Subject to the following exceptions: (a) Dedication of roads and canal reservations as shown on Plat of Palm Beach Farms Company Plat No.8, recorded in Plat Book 5, page 73, Public RecorDS of Palm Beach County, Florida; as amended or modified by resolution of Palm Beach County Commissioners recorded in Official Record Book 1862, page 1350, Public Records of Palm Beach County, Florida; and as amenoed or modified by Notice of Withdrawal of Platted Roads and Streets recorded in Official Record BooY. 2580, page 1237, Public Records of Palm Beach County, Florida. (b) Right of Way Deed recorded in Official Record Book 1116, page 184, Public Records of Palm Beach County, Florida. (c) Right of Way for small lateral ditches in favor of other tracts as set out in deeds recorded in Deed Book 189, page 355 and in Deed Book 254, page 536, Public Records of Palm Beach County, Florida, as amended or modified by Lake Worth Drainage District Quit Claim Deed recorded in Official Record Book 1844, page 248, Public Records of Palm Beach County, Florida. (d) All rights of way of the Lake Worth Drainage District as now laid out and in use, which rights of way are hereby excepted from the land described herein, as set out in deeds recorded in Deeo Book 738, page 510, and in Deed Book 741, page 151, Public Records of Palm Beach County, Florida. (e) Any and all reservations, easements, restrictions and covenants of record. (f) Taxes for the year 1979 and subsequent years. , -<r -. .... ,-- ..., ~ 1~t\\\"l ~ ,,~~ ~ t,o~t\\1. ".\'~ ~f.''V , \)~l\\" ~o~ . .~ tout\ , ..\t t,"'~ t~,~ . EXHIBIT B ff REC 3127 PC nS92 ~ ~ '---I.J jU . ~ ------,~".. -"-.::a-'~~~'f/I' v "",_'*'!>"'.J'C'~",''::~I'f'!:~,~~",_t'"''''-' ~M~:';:<'~ '. ,. W"".Il"WTY 01:1:0. ...I;CIA1,. PIIIOM co.". CC;;i;t./~/ - kMCO C"M aa.. "" " "" TItis .special Warranty Bred Mode the ~ da,. of :r~ A. D. JO f-o b,. SEARS, ROEBUCK and CO. o corporolion "xi,ling un4"r th. law. of New York . and hau;ng III principal pla~ of - . busineSl a' Sears Tower, Chicago, Illinois hereinafter called th. grantor, 10 High Point of Delray Builders No.2, Inc., a Florida corporation, w"osr po,'olliel' addreu La 4640 High Point Lake Drive., Delray Beach, Florida "('rllinafll'r calkd '''e granle.: (war"",,, _d ~Rin ~ .c.-.u ",,..,.,01''' .Da ""'DIft" ind"dr all doc ,.nics Ie> do.. iao,ru_., .ad .1M lMin. \c,a! rep,neD...i_ .nd ..... 01 iadivid...... .nd ~ ~ .nd aaai.. .. cmrpon......) "" . ~ :) :) Witnesseth: ThaI ,he gran lor, lor and in con..sideraHon 0{ th. ,um oJ.s 10.00---- and 01 her valuobk con..sideralion..s. nceipl whereof La hereby ocLnowleJged. by these presen" Joe. grant. borpoin. ..ll. ali.n, nmiu. nleose, con..." and confirm un'o th. gran',,&,/- all ,ho' c.r'ain land .il~t" !II _ Palm :{3e.apJ:l Coun'", Florida. 111%: . ' oJ ') ,.. .. ~ ..... ... ~ The property described in Exhibit "A" attached hereto and made a part hereof subject to the exceptions described in Exhibit "s" attached hereto and made a part hereof. :- :>> . ~. ---.. , ~ , _. ,. ;>. 2 co . C> ~ORIDA4 jTAMP TAX' ~ 1 ! 9 0 O. 0 0 I I , :ORIDAd =TAMP TAXi : 1 ~9 0 O. 0 0 I I <-> 0..0 <- ~;.; ~ ~,~ ~ 0> :tt.:~ Q. .- 51 300 ~ ( C~>"t1P~>~/JJ)' ,.;tD Togrthrr with all th. tenemenls. heredilamenu and appurtenance, thereto l.elonging or in an,.- wi.e appertaining. To l~al.le and to liold, the lame in Jee .simple forever. Rnd ,he pranlor herehy COl1enanb with .aid gran'ee aha' U is lawfully seiz.eJ oJ .aid land in fee .imple; ahal il hw good righl and lawful aulhoriay to .ell and convey .aid land; ,ha' it hereby fully war- ranis ,I... wle '0 .aid land and will defend ahe same ogainal the lawJul clairru oJ all per.ona claiming by, ,hrough or u~der ,he .aid granlor. -. )n lailness ltfhereof Ihe gran lor has cau.ed t"ese presenb to CCOR'JGU StAL) be execuled in il, name. and fb corporale .eal 10 be hereun'o..~f{!f':~~"~~ '. proper of/ieen ,hereunlo duly aulhorlud. ,he day and yeO(./it.~ ~kt...p':tCtiI,.n.; ~. ' . /:. 'v ~~~~/.~/':~';~;\ ?d)1 A........,. ,.. .l' ~~.'.....'.' ..'0. ~.'. 1 .'~ .",. .- ....1.... -.-'"1:;- ~... :'.:..,ap~\~ A lTEST:.. \ . --'. ..........~_...; ., 't'..;:...nl'\l......h............. SEARS, ROEBUCK :-a.~'Ci:.CO 1~ " ,', .:....., ::" ....r:? ~ Go Wilkin, ~::i,S...r.. _I_I ......, I ","\ary ............................................:,.. '" '.r:'lTi" .........~".Io't#l.t,'P'!~.. , 'c'.( r . 4 0"" '\',' \. Slgn.d. Jf'aI.J and JplllJor-rJ In ,h. pr...nc. 011 :.;f'. t t~~.l J~~ ". .r'~~~ ':.. & D)u. I I -.. '. \ ..' - <'2 ':f: ..... if: co, ~ (1.... .{/'\IJJ.-A- By. ................._..__..._.........~'----'t..~. '..l~.:.~.~~~.~.:..t.~~:..- ..................iJ..fJ.....:.......J".....T.......~-A-._._........u. ~. 1. Ers!U'U:C ~ {[~n ~.~~-~.: ~~ ic;.... .:k~........_......U.~,.................. Execut1"18 Vice rt:~~:; ': .";.~...~ ~,~.i?<'~':J~.r . .., ~ '1~~,..~,.~' r\....~x~ ,./ ..-' ' . .:~...,,~~QJl..f~:...~.;>.,~~.. STATE or .,(',]~~ ~ . '\t..:-..... .I..._L...~.'. ~~.. .~..AI... ... COU"7Y or 7" _......~rif;.. .,"'*,.... I HtaUl' CUlT...!{Y ,Io.a. - ,.. .J. toelon _. ... air... ....., ...doc....... ia ,1M "'IC .... c...../y .I___:.! .. ....u ad.....-___... pr->>,- _....4 1;. a... ~ ~.,L I"f'. -:r. t;.<./~ _I ~__.. _ .. w ..., f1~-tJ.'~.. .... 4"...~~. .h~A#.G7J -. ,~"...., "'.... ~.......... ........._ , .. ~~-, ia .... ~... ~. .... .Io.a. ,1My W'OT....., ad____04 .--..Li", Il1o. .._ .. ..... ~_ '" ._ _~.. ~._ ......" ~~ ..........nt, ...... ....,"-..... ..." .....rot ioo ....... ..,.. ..w ~.... ..... aMI ..... ....1 .,fi..4 .'-".. . ..... ..... ~.. ....J '" .... ~.:;..:"~ ""ITS[U .., ).e.... ..... .lrKiAl ..a1 .. ..... c-.., a:.... ,.... ..'" .s.r.-i4 aU y+1t...,., ~:;~';'~:"/r(:' iz, . - .."~)~;.r-;..tL~. :"'i~.- .:...~ ;. ... ~ ,\:..;.4. .~~.. ~ ~~A1.~. :~!.,)~,~f"~\-;.l~'(J- 7r;.:.~<.~ O JQ.n-,. "-7 ~~~.. ~~~" "'''~y-~.1 . 11"r./ 4 !>o'. ~~.. &r. -. r- .. I }.:" -f T. I qA.. . M!.-- . _ _ '.. _.... ", 0:-" ~~'7nrllT ' --'4 '. _.~; .--. . f['biJ lndrumml · - ::L'). to; l. ~ .Q \~.. .,..;~ Tl,u JIlJ/nJlII1711 ~ ml by: PUP.UfO ~l NotMy Public. ~'i~kiLr '...' ~;;.':l:'-''j AdJrrJJ GEORGE H. BAILE\' My ConvniUJgn bpir*~~t;J~~t~,.~ JONeS, PAINE & FOSJeR :J~;r,;r.:'i::(\.~~~ WI 'V.OLC~ DRIve cau,,, .. ........;, ' V)~ 'r r.C! H J f 1'1/ I. r.( , .. ' ----...--~_.~---~---"-,.,."--_._- r. _ 0:", .... . ... '-"':.. ..... ......- I .:;r..:,;,.~;:;?---:y.-:>t.~~.,c..'tJ:,.."f.' ......;" ___ ' 4. __ ! ...........:-.. . ........-..,~,:....:.....;~..._.,...-....;.,.. ....)....... . . .. -'.- . - ..~-- ., .> --- - t ."" , . .. .O' ~ - .-- - . . - . DESCRIPTION ".... '. . .~. '- '~ Tracts 91' through tb~ou9b/ 102; Tracts III throuq-b 128, and tbe East 260 feet of . acts, 90, 103 and":1:22,,-:-Of~- Palm--Beacb farJDS Co.,' Plat-.No. 8.. AS re orded in Plat 'Book~ Page' -: --' 73/ Public Records of Palm Beacb. Count., Florida, and in addition'. thereto:: A Parcel of land. in 'Section 0, Tovnship~ 45 South,.. Range ..: .. ." .. 1 43 East, PAl.1Il Beach County,'..Flori~a, ore ..part1au~arly described_~ as "follows: Bounded.on. the Ne.rth. 'by e easterly ei'ten.sfon. of the: i North ~ine'. of Traa '"96. of.' the-~upcti.'Q" ion _~ -.said ::5e'ctiOD ,.3~: ,.. recorded 'i'n,:~la~:".BC!ok 5. '.Pa9~ .7:). of. tbe~:~blic-;.~i~cord...'of 'Pa1I1l..~ .Ba~~ct.i~ -:30; . bounded on- .the-' South nd-Mest by; the . approxi.Date s.hore:- ~:ine..~of:.B9.YJ:1t~n Lake' as. said' sho e -line is, shovn_.qnthe. Plat " :of ':said .Section. :30,<l,ess 'and :e.xcl'udin 'a-strip of'-11ln.,"'-for ,right. ' ;of~i'''pDrPose8' lying' within sixty (6 F feet - of. ~~:'..Eaat ..1!ite of ':.. SeMion 30,. Tovnship'45 South,'. Range". 3"-East:,_.'pal~ 'Beach ~~un>>.r:'~~ ~~,~{;'~~"~",~?~.--~~.~;~.~.D:~~~,_~~~:~.~~,~~~~l.?~ .C~~!D!n;'!5:, fl.~~~,~~5~ .o~~,~;_, I:~~S:....~.~~~~~~ :.... ":. ~.. '. ;', .~~...'_ ",~~~,">~::'.~~;::;'~~.:~'~:-<.:%2;}~;'-~:~-:~:. '~.- ~~.' , , A parcel of land lying. Ul.<tbe ,So tbeast.-.~uaF~r'".( SE .i/4) - of '. Sect.i;~n 30, ~',~wtiship--4S. "Sooth;-;-:Jtiang8'" 3 E!,at;.:.. P~~,,:,~~~c;.h.._~~~y.z~ ., .Pl.orida-;. 'being' more particul~r.lL~esc bed as fOllovst:-;:...-r-".-;:.-"">' -::<: .;-:', '....., ..~:..":'...... ,'':':. r .-"'>~,' ':';';-:'i- ::.::::-L':.c;~~: ~"::',...;~ :".::.'-:- .~...~~ ~_7. E~',: :':':i~j.';; :;:-, ~~- ~.~(~.~':,L - ~ -~. ....... :....: Commeiu:ingl.'at .-,~he iSoutb!!~t '...com r. :of' . the afo~said: 'seCt:iOD~:.i.. . 3~, ~:1;U\' (on:,,~!l a~sUmea ':~e~r.in9),~.NO~~, .aloDg. :.~be. .Ea~;'-:;in~ o~~,'~icl ~': .. Sect:1.on~ 30,"'a . d1.stance of.:" 40.00 fee 'to a' l.nt5. :thence - Saq~.~ ~ B9.~3! 52- ~e8t., along the, easterl.y. ez.t ~sion of .t~ ~th, :bc?andary.,p., line. of rTract: 128..' AS"Sa.e :is JSholffl.~ i ...'THE ..PALM EACB"EARMS-,"1:~,:;1.. . ,'. . , ., . . ,... . - .,. , ~ . - PANY:PLAT.uNO"...8, as recorde=d!7in'..-Plat': 'k 5, at .PAge;~'7.3~~of-.~~~~.:,-:_., . ~ . . . ." . . .. "~~ -- . .. ~- - ~- Publ1.c.R.ecords of ,pallll:~c:h~ County, o.r~da, a d1.B~n.ce of"':?~__OQ.'~~\ .: feet to.1:.~_~ ~POINT OF _B~INNINC of the ereiD"de'scribed'-.parcel'..-:-..nd~~..:'. from said pOint cqntlnue South 89-).3 52'- West, "along >t.he 'Sooth..:"4::. line..~' Tracts 122 .throDgh ;128, in~lu ive; a distance of '."'2225~~4 ,;;-::-. feet; t.hen~ -North. 0.18' 20.,East,.,al g, the West .line -of . Tr~cts ~_-:: 12.2.: and.,.:.103".-'-fl distance':, OL", 183;,;82 hfeet, . thence North "89-13'52-;,' \ .~--: . . . - - .;.. --., . ". .. .. . -'" ...... East,',:along :.a.-}Jne..paralle1.:.~ll'ith .:.the..~ bove aent10ned Sooth bou~~,;:.:>. ary of. Tract:-s.'>"J.2.2,':througJ1,:pS-, a 'dist nee of' 2221.26 feet;. .tbence_~,-' Sonth ":p~ral'lel.:witb' .the :e_sterly:'lin '". of said.. Section '30,..a di.~....:: tance of 783..75" feet to the POINT OF'B GINNING....'. .":,':"-~" ,', .... ;:..~~-~... ~Ess':~~:-i~in9 ~~.g:Zc~e~.. .mco~:~ o~ :esa. .-:, .:.\. ~.Jil~:~.:}y.f}g .... I . A parce'l of land lying .in-,tbe Sp tbeAst' Quarter :.(SE.,1/4) ':~.f' ..... ;ection 30, Township 4.5 South, ~nge 3 East, pal~ach.~.~unty;-. :\ 11orida, being more particul~rly de5~r ~d a~ ,follo~s::--<;; ~;)-,:~.~~..:.~.:.: I. . . Commencing at. the SoutheAst.'eo'in ~"~f-'the ~af~r;e~~id:';;~~~i~~'::7":, J ~O, run (on an assumed .bearing) 'North, along the East.line of said ~~ ;ection 30; ''-'distance of' 823.75 fe t7' thence Soa~~-89.1.3'52. :-, I Jest, a diatance o.f-SO;OO feet to a po nt in a line, parallel wit.h" '\ :he South boundary line of .Tracts 122 hrougb 128; as shown in THE -ALM BEACH FARMS COMPANY .PLAT NO.8, s same is recorded in plat look No.5, at,Page 73, Baid point bei 9 the POINT OF BEGINNING ,of I .he herein described parcel; thence tinue South 89813'528 West, I Ilong the aforesaid parallel line, a- istance 'of'. 2221.26 feet to . ,he West' line of Trac~ 103, AS shown j said' PALH BEACH FARKS ~OK- 'ANY PLAT NO.8, thence North 0-la'20. East, continuin9'alo~9~.~id lest boundary line of....Tract' 103,.:-:. d stance of .196.19 feet.-..to '-. ,oint on a line parallel with '..the S J.ltb bound~ry' linc'.:o.f_,:._.ld,_1t 'r-acta 122 through '128, . thence ;.Nortb . .Bgel)' 52- e.aiit-;:'~g:.t~e'.~., or ust mentioned parA.llel line", _ .diG ance -of 2220.-2l:.:feet:. to~,"': -':-;. oint on .. line parallel with and $0 f e~ West of the Jt..elst. ~ln~fof..":' .-;:. forePlentioned Section .~, :..~hence, Sou h, alo,,!g..~~ird -..r~~~.r,~~-:'4~~.;; ance ...of 196.~ 7 feet.. ~o : t,~e.'~IHT-OF; ',8 GINNIRG~.' .-~.~ ,., ,t;;:l-.-:~(;';:;?l:"~";;t:~~.lt':i . ..... .~. ~. ...... .......:..~..,.-...,:.":-.:..,~..-:-_I.._. ,0' :.:.:.:-"-....~;:..-"...~...~..,;S~..~....~~~~~.I'-}... _._' . ..- .... -, <<:....,...........":.......r:...::,,_!':-:-..,,.~, \.'~.;.......'"..".....,..,....::.~_'-'"~,J'~~..~....'.:-' ,.-:o,::.,,:--ContAining lO~OOO.aores; lOor. ~r e,...., t:... .t~...,. ~,;-". ~;~;:~....'t:Z.::: :~~ .'. . ., .. ': ,.:' ;..., ....'.' :' '..~ .... ... ~ ",":,:- .:' '_::: "". ~ :...., ~~ ~""/ ::.:<;..::. ,,:.~ .~. ~. ~ ','~':~ -:~:.::::. , ": '(/,-1 ,.f ." - ~ ~ ~ ill a. - , ! , I , . i . . \ fl. ;. .' ( . . "'~.'-"'-'--- '~._.....(--'-------~' ,,,-,-' "",.--- c -, ~...~ ,",'- ..~._._- -..--------.--.-..-- - ~ ,-.-- r Subject to the following exceptions: (a) Dedication of roads and canal reservations as shown on Plat of Palm ~each Farms Com?any Plat No.8, recorded in Flat Book 5; page'73, Public Records of Palm Beach County, Florida; as amended or modified by resolution of Palm Beach County Commissioners recorded in Official Record Book 1862, page 1350, Public Records of Pa~ ~each County, Florida; and as amended or modified by Notice of Withdrawal of Platted Roads and Streets recorded in Official Record Book 2580, page 1237, Public Records of Pa~ Beach County, Florida. (b) Right of Way Deed recorded in Official Record Book 1116, page 184, Public Records of Palm Beach County, Florida. (c) Right of Way for small lateral ditches in favor.of other tracts as set out in deeds recorded in Deed Book 189, page 355 and in Deed Book 254, page 536, Public Records of Palm Beach County, Florida, as amended or modified by Lake Worth Drainage District Ouit Claim Deed recorded in Official Record Book 1844, page 248, Public Records of Palm Beach County, Florida. (d) All rights of way of the Lake Worth Drairiage District as now laid out and in use, which rights of way are hereby excepted from the land described herein, as set out in deeds recorded in Deed Book 738, page 510, and in Deed Book ~~l, page 151, Public Records of Palm Beach County, Florida. (e) Any and all reservations, easements, restrictions and covenants of record. '. (f) Taxes for the yea~ 1980 and subsequent years. . -. , II 6 . ... -' EXHI~IT B "ER\f\EO ~ p.ECO\\O COUNl'i. . 6eJa.CH lOc,~\.E "f-'\,.M N 9 O\J~ \Jf'''' JO~ ",CU\'t cO ' C\..ER\( C ~ ~;~-_.:~-.~,.., .r,~, . .........I'~:". ~-:.:.;,.~ , J' .... :.. ~ ~ r: :~ ~ ~ ~ .~ t.. ~ fa: r: :~ i": i< .~ ,~ ~ ,~ ,~ ~' :~ :1'; .~ :.. 'i'A :~ ;~ '~ ~ ;< .~ !~ ,~ '~ 'tJ.,. ;~ :&;, i~ .~ !~ ip- !~ :~ :~ ,~ :~ Ii.' :a I~ :~ :~ 't. r- .~ ::.. ,~ ~ i': ;< ',. : . ~ - f: ~ .".;, -. ~, t ..'- ~. ~.;7~~;~_''li ,,.~~, t-~~~~y..~~. ee: ~~, - ---... - ---- --~-~ ::-.....J .~..r......,..J5-""i.. -'''.' ~.;- '." ....1.- -< . ... L,'" ~ AMERICA!\' LAND TITLE ASSOCIATJOA' COMMITMENT - 1966 '. :. ,~ ~ :C '.. '''I ~ ii' .... .... ~ :... .... ) ... ~ ~ ~ :;.,j :"Il ~ ~ ~ i~ !~ !~ '~ .~ :~ ;~~. I. :~ ::'\ :~ .~ i~ i~ i~ !~ :~ :~ !~ :~ ;~ i~ /~ I~ !~ :~ !~ :~ :~ i~ ~ i~ :~ ~ ~ ,>j .... '~ '~ ';. ->.J 10 ;tA .,.. _ - .L_c:> .., ,.... i , r - '-' 000032 CHICAGO TITLE INSURANCE C 0 J\1 P A. N Y COMMITMENT FOP. TITlE INSURANCE CHICAGO TITLE INSURANCE COMPANY, II corporation of Missouri, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in S::heduie A. in favor of the proposed Insured named in Schcdule A, as owner or mongagee of the estate or IrIleres: CCH eree! hereo: Jr: the l,wd des.:ribed or rderred to in S::hedule A, UpOD payment of the premium~ and charges thcreio,; all subiect to the provisions of S::hedules A and B and to the Conditions and Stipu]atlOm hereof. This Cor.,mi:menl sr.."l1 be effective only when the identiTY of the propo,ed Jnsured aDd the amGunt of the pojlc~ or pO]lcles cc:;;ml!lec fo, ha...e beeIC in;t:ned ic Schedule A hereof by ;be CampED:, eitrJcr a1 the ume of the Issuance 0: thIS Co;nrr.llrnent or b: sub~equeDt cDciorsemen:, This Commitment i~ prehminary to the issuance of sucr: poky or policies of title insurance and all liability and obI/rations hereunder shall cease and terminate six months after the effective date hereof or when the polLey or policies committed for shaH issue, whichever first occurs, provided that the failure to issue su::b policy or policies is no! the fault of tbe Company. I!' V...'ITNESS WHEREOF, Chicago Title Insurance Company has caused thi5 Commitment to be signed and sealed as of the effe':live date of'Gommitment shown in S.:hedule A, the Commitment to become .....alid when countersibned by an authorized signal or}'. CHlCAGO TITLE INSUR.,o\NCE COMPA~l' Br; Issued by: RUDEN, BARNETT, McCLOSKY, SCHUSTER & RUSSELL, P .A. 110 East Broward Boulevard P. O. Box 1900 Fort Lauderdale, FL 33301 (305) 764-6660 fYNfiJ j) President. A TrEST: ~~~ ,,,SUP. 1.., .....\. .......,...~-1-; - . ~. '",~i , . ~o.PDF.'Al[ "~\~ ':::; ... N-<~I / '. ;/ . ,,-, :"; >: -... ~...- "-;' ...,j;.....::....~\..t ''<''~ -;"~.v ".~.(' Jf ....u.'.. r" ... ,.... T ,.. ~~ rr-".........,,~- cc~ Se::re:ar)'. ~: .... . ' ... - ..',- ._" - .-.... .'" y - -.....- :--..... -.... _.~ .--'-" ~~~r.~- ~,.-,~~-~~.~,~ - . - ,.._ ... } _.' -.. -- ~ -- '-. -~ ," -~. _.~. -'"-:'-~- -- ~- "~-'- -....:...,~ _'-a: ~--: ..:....:__".:.-:...:.-..~ ..t:..~ . _~!._..'_.L .~....L..:...;..--\-~__~.~___--:_~~ ,. L!:-.. ..-:..._~~~:.~ .~;!'~..:- :'-J...=-'~,~-,,,,,,, ("'~,~.) :-'I'h~ :~u A~ t:'i:-"'r. ;...a...!l~ ':'"Hl, A...~o.( a~;.or, . : "'Ii..' . ,. r -- '--" ,", - t /.. ~!'\ I SCHEDULE /... ::::-;-~:-9~-;i ... .. ..........!!l fU!C'lIV! ;--'..~~ ,._Ioh ......:...'. '. _l ::ES 10 000032 Nove~e= 2~, 1982 at 8:00 a.IT,. I t'......""~L .......:J.....la... $3,60C',00C.0C' ~ . \ : . ,.:. (l:- J' l l i 1 : I~" ~ 1 (\ ~:.: ! I-. !-. U C C ,.;L 1,; LOA'''; PClUe) hllrp,ec In'lHed ;L1,A, ()\\',",ER'S POLlCl. Forrr, J... f'rl'r'l".ed lr,urec r:: .L.R], DE\'ELOP~';Er~'T GRODP, INC. .., The n\<ile or inlt:res! in the land de...crihed or referred \0 in thi... Commitment and covered herein!s a fee ...imrie. "nd 1 j I i(' : flL:rC[(l i <., al t he efT ecti \'e date hereof \ ('<.,led in HIGH POINT OF DE~FAY BUILDERS NO. -; L, INC. , a Florida ,,-' corpOraL-loD. ::;, Tn~ Land 1<., de"crihed as follows: SEE EXHIBIT "A" .qTTl~CHED HERETO .Z\J'JD !.1]\DE A PART HEROF. ,~c,!:' i! " d ".. I!. .Lll \ ~~ :L'.Lli. H 'c..lltlT : ,:,.... \... 1 .' I. ... .1. ." i,.' 1I:~1." .l~ ....~ il,.,L:i...... .,1:. It\. ~l.,:;. . , .- ~ -- _..._."---,~-~--,_._._._. -.. _.-I-._~ ...._.._~.____.____._._.,.L .. . ~L:____l~_~~_~,_!L~ ~ EXHIBIT A A PARCEL OF PROPERTY IN SECTION 30, T45S, R43E, PALM BEACH COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 30, T45S, R43E; THENCE WITH A BEhR- ING OF, N 0051'37"W, ALONG THE EAST LINE OF SECTION 30, A DISTANCE OF 40.00 FEET; THENCE WITH A BEARING OF S 88022'15" W, ALONG A LINE LYING 40.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SECTION 30, A DISTANCE OF 495.08 FEET TO A POINT; SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE AFOREMENTIONED LINE LYING PARALLEL TO THE SOUTH LINE OF SECTION 30, HAVING A BEARING OF S88022' 15" W, A DISTANCE OF 1780.33 FEET,; THENCE N 0033'17" W, A DISTANCE OF 1920.10 FEET; THENCE N 88013'58" E, A DISTANCE OF 2215.32 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONGRESS AVENUE; THENCE WITH A BEARING OF S 0051'37"E, ALONG A LINE LYING 50.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SECTION 30, A DISTANCE OF 1180.80 FEET; THENCE N 88012'32" W, A DISTANCE OF 14.74 FEET; THENCE N 0051'37" W, A DISTANCE OF 25.00 FEET; THENCE N 46048'21" W, A DISTANCE OF 35.00 FEET; THENCE WITH A CURVE TO THE LEFT HAVING A CHORD BEARING OF S 860 53'43" W, A RADIUS OF 1864.86 FEET, SUBTENDED BY AN ANGLE OF 0046'05" AND AN ARC LENGTH OF 25.00 FEET TO A POINT; THENCE N 3037'36" W, A DISTANCE OF 5.00 FEET; THENCE WITH A CURVE TO THE LEFT HAVING A CHORD BEARING OF S 84004'31" W, A RADIUS OF 1869.86 FEET, SUBTENDED BY Al\ ANGLE OF 4052'00" AND AN ARC LENGTH OF 158.82 FEET TO A POINT OF RE- VERSE CURVE; THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 1949.86 FEET, SUBTENDED BY AN ANGLE OF 6043'40", AND AN ARC LENGTH OF 228.96 FEET; THENCE WITH A BEARING OF S 1020'08" E, A DISTANCE OF 774.00 FEET MORE OR LESS TO THE POINT OF BEGINNING, LESS THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE N 0051'37" W, A DISTANCE OF 40.00 FEET, THENCE S88022'15" W, A DISTANCE OF 50.00 FEET; THENCE N 0051'37" W, A DISTANCE OF 744.47 FEET TO THE POINT OF BEGINNING; THENCE N 88012'32" W, A DISTANCE OF 10.01 FEET; THENCE N 0051'37" W, A DISTANCE OF 1180.19 FEET; THENCE N 88013'58" E, A DISTA~CE OF 10.00 FEET; THENCE S 00 51'37" E, A DIS- TANCE OF 1180.81 FEET TO THE POINT OF BEGINNING CONTAINING APPROXI- ~~TELY 89.65 ACRES MORE OR LESS. ;:' " <t' I I ec: ~~~ AGEEEJ>:!:I,';' Ot SALE Af,D PURCHASE THIS AGRIEMEI.:-r or SJ.,L[ AT,:; ?URCHASE ("Aareement") made as 0: the \ 1 r... of ~OLlt.yt'\~Z., 1982, bj' and benveen HIGH POINT OF DI:LRA Y BUILDERS NO.2., INC.. a Florid2 cor-porouon, havmg an address at 1175 r~.L. 125t..1J Street, !\o:-ti": Mjaml, FJonoa 23:C: ("Selier") ane TARA DEV[:'OP- r<[;\1 GR00?, I!\C.. havmg ar: aour-t.ss a: :019~; heSl Sample Road, Coral Spnngs, Fiorida 3306S ("Pu:-chase:-":' ~. T h L S S _ . E: VI'1iEREAS, Seller is the present owner of the following-described parcel of real property situate, lying and being In Palm Beach County, Florida: Thctt certain parcel of lane legally oescribed in Exhibit 1 at...ached hereto and inco:-poralee herein by reference (hereinafter referred to as the "Land"); and v,'}-E-:PL4S. Seller has agreed tc sell :.r,e Land and Purchaser has agreed tc purchase l..nc Land, at for the prlce anG ;::ur-suan: to ...he terms. conditions and provlswns hereirJaiter set iorth; NOh', THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby ac- knowledged, the parties hereto, each intending to be legally bound, do here- by represent, warrant, covenant and agree as follows: 1. Sale and Purchase of Land. Seller hereby agrees to seD the Land to Purchaser, and Purchaser hereby agrees to purchase the Land from Seller, upon th e terms, conditions and provisions hereof, and Seller shall validly t:ansfer, assign and convey to Purer-laser or: the IlClosing Date" (as herein- after defined) L'le fee simple title to the Land subject to the "Permitted Encum- brances'l (as hereinaiter defined) and PurchasEr shall accept such conveyance. 2. Purchase Price. The aggregate purchase prjce to ce paid by Pur- chaser to Seller for the Land shall be the sum of ~. DOLLARS () ("Purchase Price"). 3. Method of Payment. The Purchase Price shall be paid as fonows: (a) The stun of TWENTY-FIVE THOUSAND DOLLARS ($25,000) ("Escrow Deposit") shall be paid by attorneys' trust account check simultane- ously with the execution of this Agreement to Ruden, Barnett, McClosky, Schuster & Russell, Trust Account, as escrow agent ("Escrow Agent") which Escrow Deposit, Vvith interest thereon, shail be held in escrow by Escrow .l\gent as provided in this Agreemen:. Cb) In the e\'enl Purc:~tJ;,c:- :'.3S net lcr:ninolpd this Agreement as Pj'c,\']oed 1:1 Para,~rapr. ~'" i....hen cr, c:- ':>c:::.:-e L'l€ er,j of the "lnspection '=':~.::-I~e:')Or. Ldlr,' a:: f"ic:-e:Jj:'::c:- (~'<4:-'f':' ?~:-:;--.c.SC:-- s;.;al: pa)' to Escro\\' ;\~;C;: =-:.: at~2:-r;~::~' ',;'_.:".: ;::-::-_;,: ::,', :-r. ~::-. ',c.:::,',;::':-,,:. ::;,-:)2S1: In tne amour:: :- ; : : y :- h Q i.l: co =--, C ~ ) :; . ;.3 :- :: . ~ =y: . ':' : ~ ' ;,:~ ;:', . ~,~, , ,( ::,: ,. j \\ hie hAd d n,w n u i : ..:: ~ ~ . t \,' i :. h 1 r. t :: ;- ~ . :' : : .1 L :- (' ['1:"1 ~~ :: 1 L ~,. h I' ~ :: , :-, t' ~ '. - ~ : - ',\ ~ ~: ~. s c r D \t\' ..~ 9 e:i t 2 ~ .. :r..: :~. :':', ~ ... -. ;.. -r -.' .... . ~... ~.. ~ . , , , .. . . . ~.. . .:. .,', t ". _ ~. ::. v.. A ~ t!"'. : \. ~ :,"':~.: ~scra~' [Ie;. :;:.~.~ ~:--.:: :riC~ ..;::~~:.C,;~c, :".'...';~:c..~.:, i: ,J:.C \': l:. ~'.:ja{;) are he:--t..:-~- c ;' 1 c:- rei (::-;- c j t C 2. ~ l:-. ~ ,. =:n:. t=; c: ~, .: I " (. I ~ waived the condition set forth in this Paragraph and Purchaser shall have no fur'ther right to lermmale thIS Agreement pursuant to this Paragraph. The p;-ovisions 0: this ?a;-ag:-c;:,n sha:. p~e'''aL ove:- any other Article or Pa;:-agrapn of tillS Agreement IT, tJ1~ ever.: 0: any confllc: or ambIguity. 6. P;-eliminarv Development P,er.. In the event Purchaser desires to arnenc the prelL'11ma:-y pi at 'appro\:a. DY the Ciry of Boy" ton Beach, Florida, issued W1tn respect to the Lane on A ugus: S, 198:' ("Prelurunary Plat") or the site plan previousiy approved by the Cl7Y of Boynton Beach, Florida, a copy of which is aaaehed hereto as ExhiDl ~ 5 (f' SIte Plar."), then Purchase:- shall prepare and submi: :r, t~el1er a ?rcl1mma:-y Deveiopment Plan ("PDP") for the Land withm r~=!;;r~T'r~) days from thE- datt of the execution of this Agreement ("PDP Delivery Date"). In the event Purchaser delivers the PDP to Seller on or before the PDP Delivery Date, then Seller shall have ten (10) business days from receipt of the PDP in which to review and approve, which approval shall not be unreasonably withheld ('IPDP Approval"), or disapprove said POP. In the event that Seller does not approve said PDP, the Seller shall give written notice to Purchaser specifying the reasons for such disap- proval ("Disapproval Notice") prior to the expiration of said ten (10) business day period. In the event Seller does not send a notice of PDP Approval or a Disapproval Notice Vr'ithin such ten nO) busine~s day period, Seller shall be deemed to have approved the POP submitted by Purchaser. Upon its approval by Seller, the POP shall be the "IJevejopment Plan 11 for the Land. In the event Purchase:r- delivers the POP pno:r- to the POP Dellve4..Q.ate and S. elJer sends the Disapproval Notice, then Purchaser shall have ,::ltl(3.0) ~~ days from receipt of the Disapproval Notice in which t'1 (i) agree, in VrTiting, to all changes specified in the Disapproval Notic€;Jf8r (iil) terminate this Agree- I ! ment whereupon the Deposit with interest thereon shall be returned to Pur- J ') chaser and the parties released of all further obligations each to the other ;:' under this~...d1reement except as set forth in Paragraphs 11. 0 13. and 30. In Ci the event~J.ltch~~..fr a95? . not deliver such written notic~rrninating this Agreemen~y,.ri.fUri~t~ ~GO) ~-, - 2-day period_: then Purchaser shall be deemed to have waived its nQhts to terminate in accordance with the terms of this Paragraph, Purchaser shall be deemec to have ag;:-eed to all changes specified in the Disapproval Notice and this Agreement shall remain in full force and effect. ~, ,,, I I \ ..'\\.....;1 ,~ I'~ ( / I , ~) I. , , I ,,' , ,/M 7. Completion of Soil Work. Seller hereby agrees that at Closing I ~ Purchaser. shall ~r:; _ceive a credit against the Purchase Price in an a.n:ount. of '3;..,..kz-.~~ ~ ~ oIlars ($ H.?, 950 ) less the amount of the DeposIt whIch is disbursed by crow AgenL'to Purchaser to reimburse Purchaser for com- pleted IIDredge and Fill, II as hereinafter provided in this Paragraph ("Fill Creditll). In the event that after the Additional Deposit has been delivered to Escrow Agent and th~e 50ndit/5?P in:-paragraph 5. waived I Purchaser desires to dredge up to ~..,,~.s~ \'~~ ~"fJ1c yards of fill from tile portion of the Land located between the eXJsting lakes as shown on the Site Plan, and to place such fill material on the northeast quadrant of the Land CIDredge and fi1111) I Seller hereby agrees that Purchaser shall have the right to go onto the Land to perform such Dredge and fill, provided Purchase:- complies with :..he requirements of all governmental agencies having jUflsdictJon. Seller and Purchase:- hereby acree that the Escrow Aoent IS authorized to disburse all or any portion ;f the Deposit (exc)udln~ any IT;l::::-est earned ~,:'lereon) pre- ,,,~ , 1. ..; 1... ... '"' t .'" .5-"'0' r ""~. '''' e'.'..,"'- (-') P""'~"";:,"'er 0'" ('0) tJ'''e , ,\..' ~ S , :- u e., " e. e -. C Wi e ~ ~, v-. ..... '=" _ ; . . l.... , ~ , ..;. \ C , '-. ~.. ~;::." , , . ... .''''''. ~cn -,..,.... -;,. \J'-"-i.. l"-"'-r-~""'-'-~o-'I"\ 0'" (c\ )oJon+\\' cor.'lraClO:"" per:.:.r:ning wle .Jre~_ ~ c.l_ : i.. ,,-'; I. ,,~.v..~. C...., . ), ) w. tG ~"1e Pu;-c~,ase:- ane Cor~:;-z,c:c:- rc ;-I~::' : c.':" ~i(' :,<~:-.c :~CJe e):~enses of co:-n- p;eeJng L'1e Drt>o9c ,iDC :iJ: .....urk ~:::-r. ~,!,::-~~,p:_ t,y :~:::-c:-::\\' !"gcnt of (i) bona ;,..; '""O"'''''''--'---''-'~' .,.' - ,.... -.--r ,-.-. "~eratJ-.,~rr":T ... ) --.. e J. " J \.' j ~ t _- ,,"'",.......... .i (:--!'-J e _... .. .... ...... ... !' ~. .' .. "-. ...... . ... ....... t 0,- :.~- ""- u. l.- _ j.... v t'" u . .........;..- :nt Con:.roc~or I \ l.: 0 rejease ::: ..e:-. ::-:':-;-, E..~ c::-..~:-a:::~:-s, s--..:=..-contractors .3n= materlaLTlen \">';:.h respec: to SuC:~ \',::t: :.:~,c (:::) a ceru:J:ate under sea; fro.., , - i. ' , '. J I , , ~;/'(;7) J--- " OJ , '"* ~O! '. --J. ~r~ ~o "'i)~/~?+k. ':i'Pi:- ~~+ ( ~ :::::a'~ ( I: () I ~ 'b. ~ t',_ .,--t- rr d. 'to c-C ~, ?~.-c./~..-.I.N-~ .~+ J """F ~...,b--1'l'\-I~ ~ ~j,~ ' ~~.41 C'.{2 ~ lb.;;,. d- A Me d, ( '0, p fr"'S fJ.;-z.,..41'cLJ "N (//. ("''''1''- I, .. .-"-..1_1-1.... , 3 \ Purchaser1s surveyor ilia: the portior; oi the- filJ wnlCr: has been dr-ec:iged as set forth in such invoice has been placec:i on the northeas: quadran: of the Land. The deterrrJnation as to whom such portion of the Deposit should be paid as provided in subparagraphs (a). (b) or <. c) above shall be made by Seller. Simultaneously \!11th the paymeni. 0; suc:-. portJDn of the Deposit as heretofore provic:ied, the Escrow Agen!. shall be rejeasec of any and all obliga- tions with respect to the portion of ttle [leposJ!. dellvered to P'-lrchaser, and for purposes of tnls Agreement, the "Remamin~ Deposit ,. shall only mean such port.1On of the Deposit that has actuaIJy been paid to the L.scrow Agent, less any and all sums disbursec by E.scrow Agen t as se: iD:nh, m L'1is ~ aragraph. 8. The Closinc: (a) The closing of title hereunder ("Closing") shall take place at the offices of Ruden, Barnett, McClosky, Schuster & Russell, P.A., 110 East Broward Boulevard, Twenty-Third floor, Fort Lauderdale, Florida 33302 commencing at 10:00 a.m. on May Hi, 1983. (b) Unless the title compi)ny issuing the title insurance to the Purchaser ("Title Company") is willing at Closing to issue its title policy (deleting all preprinted exceptions) subJecl only to the PermJtled E.ncum- brances, there shall be an escro\!l' Closing pursuant to which all monies and other docume!1ts shall be held in escrow by the Escrow Agent under an Escrow Agreement reasonably satisfactory to the Purchaser and the Seller pending (i) prompt recordation of the deed and mDrtgage; and (ii) issuance by the Title Company of the title policy (VI-'ith preprinted exceptions deleted) subject only to the Permitted Encumbrances. Until such recordation and issuance of such title policy f the closing proceeds and other closing documents shall be held in escrow by 'the Escrow Agen!. In the event U1at within five (5) business days after the Closing, the Title Company is not prepared to issue such title policy, then Purchaser shall have the option of (i) accepting title as it then is f whereupon the closing proceeds shall be disbursed to Seller or Oi) Pur- chaser shall have the right to demand in Vl'Titing that this Agreement be terminated, whereupon Purchaser shall record a Special Warranty Deed f re-conveying the Land from Purchaser to Seller, and simultaneously there- with, the monies then being held in escrow shall be disbursed to Purchaser, and Seller and Purchaser shall be released of all further obligations each to the other under this Agreement and except as set forth in Paragraphs 11., 13. and 30, to the extent applicable. A t the Closing Seller shall be entitled to all interest earned on the monies held in escrow until disbursal of the closing proceeds and Purchaser shall not receive a credit against the Purchase Price for such interest paid to Seller. ---- . 9. Prorations and Adiustrnents: Municipal improvement liens where the work has been completed or has physically commenced as of the Closing (certified liens) shall be paid by Seller at Closing, Municipal liens which r,av~ been authorized but where \,,'on: has noi. ccm.r;lenced as of the Closing ~pending liens) stall be essumed by F'L2:-=~,':J~>e:-. Era; p:-o;Je:-ty :c;.;es are i.: 2E :::,:-c:-2.i.ed (:.ased on ma.Xlmum allowabie :::s:o'.J:lt',' bC:v';l-'ej, Se1:e:- c::c ::'....;-::-,~~:C':- as.:: ;:J,cr.Jgh: or: L"-le day imrnec:Lately ~:-t':['::,j:g the CicsJnt;: 0.1:'.: ;:.b,: ;-_': '_....::.. :Cl>:('~ sr.aJ! be prorated or; tne i_-, I~ .~ : 5 C : Ln f..: C 'u r r c ~: ~. Per t ~ : (-1 ~. j : r ~ ; , :' .... ~-'. ~ : ~: ; {: .:: J s S 1 n 9 S :1 a 11 0 C cur be for e .... --' 4 '" , '\ ,~ / 1 . I 'j I' the amount of current taxes can be determined I such taxes shall be 2DDO;'- tioned upon the basis of the taxes i or the mOSl recent fiscal year appl;e'c to tne latest assessed valuation and she:L De promptly readjusted when the eu;- rent taxes are ascertained, and a statement.w that effect is to be set iorth on the dosing statement. 1 D. Documents to be DeJiverec 0: CJOSLJC and I>:penses: (a) At Closing. simu]taneousiy with thE payment of the Purchase Price by Purchaser, Seller sha}] delJver or cause to be cie~Jvered to Purchaser L~e fo1lowing: (1) A Special 'y,'arrant'.:' Deed ("Deec "; iram Seiler conveying the fee simple title to the Land subject only to the Permitted E.ncumbrances I which Deed shall be substan- tially in the form of Exhibit 6 attached hereto and made a . part hereof. (ii) A standard mechanics' lien affidavit executed by Seller with respect to any work performed by Seller. (iii) All p}ans, surveys, engir;eering and doc~.'Tlent5 (excluding architectural dnd/or building plans) which Seller has in its possession pertaining to the Land I on and ofisite (which shall have been paid for by Seller), provided there is no representation as to the accuracy of any such documents. (iv) An Assignment, without recourse or warranty I of any rights reserved under that certain Special Warranty Deed recorded in Official Records Book 3470, Page 1381, of the Public Records of Palm Beach County, Florida; provided however, L'le Purchaser hereby acknowledges tnat the Selier has previousiy consented to the archi- tectural plans of the grantee as set forth in such deed. (b) At Closing Purchaser shall deliver to Seller the folloYving: (0 monies required to be paid pursuant to Paragr- aph 3 of this Agreement; (ii) the Note; -. (iii) the PM Mortgage; (iv) a Secr-etaryls Certificate and a Certificate of Good Standing from the Secretary of State of the State of f1orida; and (v) a G'Waranty in w')e fo;-m of [xhibit 7 at~ached hE::-eto and made a part he:-eof t:l be executed by Samuel ;:,erm3D (~hf scJe Sh2:-eho~dc:- c: Fo-..::-cr-ldse:-); and \ C '\ f.., : == j os In C, S c ; , (' ; u;-, :: .~ ~ -: ~, :~ :, (: ~ 5 ~ c; : m t.; : 'Wall y ex e c u 1 eon c cc-;:\'c:- to (-"cn CLner d Closing Siijil;-;)(~: In C'.cSL.:;;-.:l:-Y furm, \.C -' S:att dDL~:ner.:a~\. s:c:-:~:.~~ :-e::::~"r~c l:-. Cur.:.~::;c.:: y....:r.. :"~e -''- ~- en;:: m:angibie :ax or. and reco;::m9 0: the' Pt,~ Mor-",gagE: s:-.oL be ;:;alC f::;;- :-y SeL~;-. DOCL;i;j~r,:d;-Y stamps to Ot u::::-:ec tc: ti1e r--.ote and the cost of rec::,rc- .... -' 5 --- and loan association ("Institutional Lenderl!) or with a wholly-ownec su:C.- sidiary of such Institutional Lender. As a reasonable condition to Selie:-'s consent to any assignment, the assignee shall execute and deliver such docu- mentation as Seller mav reauire wherein the assionee will aaree to be boune by and perform all th~ ter~s, covenants and con-dltions of this Aareement on Purchaser IS part to be performed hereunder. Seller shall not be -requirec to recognize any such assignee unless Seller has been delivered a copy of the AssiGnment and such assianee assumes al; oblicatJOns under this Aoreement. Notv.;thstanding any assignment by Purcnaser~ Purcr-Iaser shal1 not be re- leased of its obligations under thiS Agreement. 13, Rjght of Access. \\1 \~I. -. \ ~ ! .'. ,I @ (a) During the term of this Agreement, Purchaser-, its agents, em- ployees and representatives, may have access to the Land at all urnes subse- quent to the date of execution of this Agreement with the right to inspect the Land and to conduct all tests and bonnas thereon as Purchaser, its licensed engineers, surveyors and the like shan ci-eem reasonably necessary or desirable. Any er.try on or- to tne Land by Pur::naser or its authorized representatives pursuant to the provisions hereof (including, but not limited to, any Dredge and Fill work performed by Purchaser) shaU be at the risk of Purchaser; and Pur-chaser hereby indemnifies, hOlds harmiess and exonerates Seller from all )oss, cjail"::, Lability, action OT' deman d arising Lilerefrorr, or connected there- with. ?L.lrchaser furL'1er covenants and agrees that it will protect I save and keep Seller forever harmless and indemnified against and from any and all mechanics' and other liens against the Land by reason of any work I labor, services or materials performed or supplied or claimed to have been performed or supplied to Purchaser. If any such lien shall at any time be filed I Pur- chaser shall either cause the same to be vacated and cancelled of record v..ithin ten (0) days after the date of the filing thereof or if Purchaser in good faith determines that such lien should be contested, Purchaser shall furnish such security acceptable to Seller, by surety bond or otherwise I as may be necessary or be prescribed by law to release the same as a lien : '/ against the Land and to prevent any foreclosure of such lien during the V: pendency of such contest. If Purchaser shall fail to vacate or release such ~ lien in the manner- and within the time period aforesaid, then, in addition to /' /'>-- any other rioht or remedy of Seller under- this Aqreement resultina from ~d Purchaserls d-efault, SeDer shall have all rights and ~~~~\~available ~at Jaw orm^1quity. Purchaser has no right or power to create any liens against the Land, Purchaser shall be responsible to completely restore the Land at the conclusion of all tests and borings in the event this Agreement is not closed. The indemnity set forth in this Paragraph shall survive the Closing or termi- nation of this Agreement. -. (b) Prior to Purchaser being entitled to enter- on to the Land for any reason (including, but not lirn.jted to, entry for tests, inspections or performing Dredge and Fill work), Purchaser shall be required to deliver to Seller a public liability and property damage insurance policy y.,rjth respect to u1e Land in which Seller shall be named 25 a r,amed insured as its interests rT.oy a~pear in "..'hich the limits of publlc Ji2Djjjty shall not be less than $500,000 per p~rs::m Clnc $1,000,000 per acci den t. and in which property damage liability ~:-.all be not less ......i1an $500,000, l~. Dcfa~~:~ (a) If PurC:-:2scr sr,all default In the payment of the Purc~ase rflC'( :: ::-.[:-"".::.~E- :.:r<"c:..;l: ~~ a~::-. 0; t;-:( :e: ;-:-.:. CC\'~~.d~Ls anc cor.d!tJor~s c: .:..: .':"~:-~e:nt::;-~: C;-'. ~e po:-: c: P~r-cr,~~c~ :c ;,t. r;l::-l~:-I~e~., t..,')~n Stljer sna~~ re:d.t.:-. :.~e ::\e;n,~~:11:1;; :JCpCS1:. V\.]~ !n:t:-~5: :'-:~""[':r.. as :~L 2nG agreea upor. j~~....L- ... 7 , ' --- r ': I a copy of which is attached hereto as Exhibit 8 and made a part nereof. Escrow Agent is authorized and instructed to hold the monies -delivered tc Escrow Agent in escrow and to invest said monies in any interest beanng escrow account at the Landmark first National Bank of fort Lauderdale. In this regard, Seller and Purchaser recogmze that the above referenced esc;-ow account may not be opened on the same day the Deposit or any portion tnereof is deposited with [serow Aaent or mav not be opened at all. Escro"" Aoent shall not be responsible for the ra te of retur'n on such escrow account. Escrow Agent is hereby authorjzed to represent Seller with respect to this transaction (and any litigation related thereto) and in thIS regard, Purchase:-, shall not and is hereby estopped from objectmg to such representation. 16. Condemnation or Eminent Domain, In the event of any conderr.1'1at.lOn or eminent domain proceedmgs for any public or quasi-public purposes at any time prior to Closing resulting in a taking of any part of the Land, Purchaser shall have the option (i) to cancel this Agreement, in which event the Remain- ing Deposit, with interest thereon, shall be promptly refunded to Purchaser. and upon such repayment, this Agreement shall be of no further force 0;- effect except as set forth in Paragraphs 11., 13, and 30., or OJ) to close the transaction contemplated by this Agreement, in which event the Purchase Price shall not be abated; pro\lided, however, SeDer shall assign any condem- nation or eminent domain award to Purchaser. Purchaser shall notify SelJer of its ejection cf (i) or (ii) above wiL'-lin ten (10) business days of Pur- chase:-:s receipt of notice of any conoemnatlOfl or eminent. domain proceedings respecting the Land. If Purchaser shall faU to timely notify Seller of its election of (i) Dr (ii) in accordance with the preceding sentence I then Pur- chaser shall be deemed to have elected (i) above. Seller agrees not to enter into any settlement of any condemnation proceedings or eminent domain award without the prior v..Titten consent of Purchaser. ..:. I. Notices, All notices of reauest, demand and other communications hereunder shall be addressed to the p'arties 'as follows: As to Seller: High Point of Delray Builders No.2, I Inc. 1175 1\. E. 125th Street North Mjami, Florida 33161 Attention: Stanley G. Tate, President with a copy to: Ruden, Barnett, McClosky, Schuster & Russell, P.A. P.O. Box 1900 Fort Lauderdale, Florida 33302 A Hen tion: Barry E. Somerstein, Esq. -. and High ?omt of Del;-ay Builders No.2, Inc. S} 8 c: h e sun 9 h' a y Dei.av 3eoch, Florida 33445 AllenDor.: J. Kenrleth Tate, Vice President ..:: s. : c F'L: r c h a 5 c:- : ~ a:-2 r...;{~ \"c]of::71er.: r3roup I l:1c. JC:95 \.,cs~ ~Iompje F.:.ac Coraj Springs. fionce 3:<1,-,::- .';::entlOfl: Sa.mue: ?L:','7.d~. ?r-esjdent .., ,-' 9 :) tli) ~ 21. No v.,'aiver. No waiver of any provision of this Agreement shall be effective uniess it is in writing, signed by the party against whom it is assert- ed and any such \\Titten waIver shut only be appiicable to the specific in- s~ance to which it relates and shall not be deemed to be a continuing or fut.ure waiver. 22. CounterDans. This Agreement may be executed in one or more counterparts, eaCh of which shall be deemed to be an oriainal, but all of which shall constitute one and the same Agreement. 23. Bindinc [fiee:. ThlS Agreement shalJ inure to the benefit of and shall be bIndmg upon the parties herHO and their respective heirs, personal representatJves, successors and assigns. 24. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of Florida. 25. Gender. AU terms and words used in this Agreement regardless of the number and gender in which used, shalJ be deemed to include any other gender or number as the context or the use thereof may require. 26. Possession. rossession of the Land shalJ be delivered to Purchaser at the dlsDursaJ of the escrow simulLaneous upon receipt by SeDer of the Purchase Price, 27. Modification. This Agreement shall not be modified (and no pur- ported modification thereof shall be effective) unless in VYTiting and signed by the party to be charged. 28. Time Is Of The Essence. For the purposes hereof, the parties agree that time shall be of. the essence of this ,Agreement and the representa- tions and warranties expressly set forth herein are all material and of the essence of this Agreement. 29, Venue. The venue with respect to any litigation pertaining to this .A.greement shall be Palm Beach County, Florida. "\ 30. Non-Recordation. Purchaser shall not record this Aareement nor any memorandum thereof. The parties recognize that the reco~ding of this Agreement or any memorandum of its terms may create a cloud on the title of the Land and will cause" irreparable injury to Seller entitling Seller to enlorce this obhgation by an action for specific performance or any other right or remedy provided by law. Purchaser hereby indemnifies and holds harmless Seller for any and all loss, costs or damages incurred by Sel]er, including, but not limited to, attorneys' fees through and including all trial and appelJate levels resulting from Purchaser recording of this Agreement or any memoran- dum of its terms. This Paragraph shall survive any termination of this ,l.. ar-eement. -. 31, I:);t'cutJon Cote, The "cCite of :h'2 eXE:cutior. of this A~Teementlt shaJl mean --ih-e--last- da-)7 upon which it becomes fully executed by Seller and - ' .~ '~:---C::2se~. ~ .- . . ~~ ",': :':!~(: ;;c,::t;-:--., ....:::2:. ;-,{"...:,es r:t:...e:.',~' d-;::....ee tr.a! on or before 5:00 -,- .- -r-:-';':-\'".c""'---:' .;...-~ ~\ """< (r-,..,., 'n" c'ate Of tn' e executJ"on of ~. r::. V.l C ...~d\.'I.... "\~1) J. l~ --':~7'1 . J. 1."()1 ~ ~. \../lll W l.- ~ .~ r .:\0:-r)f.-:l(~n:, Purc:,..::sc:- 5hall d~Ji;\'e~ to SeU!:':-- the pat:ern in ,,,'hich Pur- :.~. ::: e:- :':.:5-~:--tS :c ~~:~ ~~e ::-It r :-cptr::; t7"'.C'~::;:.t'rec ~ndt:- t::e PM Mortgage '" '\ -,-,:: <::;. aeSC:-Jf,'..JCr: a;-;c :;,-;vey c: :;;(' ::::t:3: F:elfcse Parcel ("Release \\ lJ ~== '-"~T-.;' ) . . - \ 1) \'l'I,t.JI""~ ..) " f-.J...L"",~c>.J.- -:'"''''~ :.,~, b~. r~!~" \:~.,A, _' (: /. I '::'~l~_'> e' f~. d..-4.,' u-S i':~ h-....:~ r~..c.... l \ ~ 01 1.. -'o-J d .... --' ....- (lit I .' -" _." '. ( /:. -. E):::IE,:':"' 1 ~LG~..:', ::.~.S =i=~:'?':": Q~: "' ~ ~ ~ --- I ...., .. ...-_._ r...c. ~-.....-" ""f"'--=::'" c~ (:I~~'h ~, ...~ ..~~___ h..c:. ,L~~ ""-ac:r 7___, 1-...:" ~' r< ,~r ,r_o., r , ',.J.\() '---lv . ~ "Seller shall havE ten (0) business days from receint of the ReleasE ~~. \~~ ~:~,;..l=-7r.'~:'\n which to reVJew ane approve or~i~aD'prove same, In the even.. - \ .lS".a: Selle:- cioe~ not approve the Reiease ~"'""";~r.-'"'ln its sole and abSOlute GJsc.eDon, Selle:- shall give "''Tinen notice to the Purchaser specifying the reasons for such dIsapproval prior to the expiration o~ said ten (10) business G.Q\', pcr~~d. Ix: the event Selle;- does not sene a notJce accepting the Release !~~--!'~~or a disapproval notice .....lth suer: teT. 'if') b:-.:smess day period, Seller shall be deemed to have approved ~.r ~ejr~as€:: , _J~~7/iThlivered by p':l~Chaser. L;Don tn' e -norov-1 O' 1'h"- Re'"-,,,s"- ~-(;(..1~ (" I:..DrrO\'eo' Re"pase J'-~"j_ ') tn' e ' .. J d r .. 0.: 4. i,...J c- J ~ ~ ~ ~ ,_ ~-..... . .' .. .... ]-I ~ l....... ... \0-0'... lo. _:I': I j(elease ",ratte;-n wili bE: atlacnee to tne P1\~ Mo~tgagcltand the legal description of the Initial ReJE:2.sE: :Parcel shaL be attac:})ed as [~'rjibi: S to L'rJis Agreement. . \ In the e,vent Selie:- does not approvE: iDe Eeiease ~?'....~n? ?urc.iJ~ser does , I',' not m~dIfy a~d corr~ct any ,obJeC!!~~ Seller has to t~e Rei~ase ~~r~(or ,'/0gree m wntmg to 00 so) wIthm ~ (IG) days of Seller nOtlfymg purcnaser " ,j:/ of its objections, then and in such event, this Agreement shall automatically , I, terminate whereupon the Remaining Deposit, with interest thereon r shall be retu:-n ed to Purchaser and the parties release of all further obli gations each to the ot.i',er under L'>-t!s Agreement, except as set forL~ in Paragraphs .u., 13. and 30. /' ; . '( , / Q <" . , l!~ ,I (.r I .' I '-, /;. < (; I }; v; 1 '7 j ; ::: s S \\1-1 E: REO? , t.1) e Agreement 25 of lI,E Gay 2nc yeCir yartJes herete have fir-5t abo\'€? \\r:-itlen. duly executed this Sjgned, seale.d and delivered in the presence of: /ffJ S[LLER: H1GH POII\T OF DELRA Y BUILDERS NO.2., lNC. ...'~ /> ./"/<y - /!' // -- B)': /~~/-6L-:6. l/ /' 2/ , 7 I ~ cY ,.-. Date: ~~ I J / r L (SEAL) '/~""l ~ PURCHAS[R: . TARA DEVELOPMEJ\'T GROUP, lNC. I / / j /, By:" /.. j .." '.. Date: r J ,-I ,< J . J I , " .- 1 I ,.,', I ( I I I. (SEAL) .... ,.> 12 ESCRO\'I' P.E:CLIPT Rec:eipt is her-eby octIlOwjeciged (subject tc collection) of a ched: in the amount of TWEt-:TY-FIVI: THOL~SAr,D DOLLARS ($25,000), representing the Escrow Deposit pursuant to the within Agreement, wmcn the underslgned dgrees to promptly deposit and hojd tne proceeds thereof, subject to collection, ll": accordance wjth the terms, prO\'l,SjDn:: cn.:: condj'uons of the within Agree- ment. 1'"' '., _I~th LJateG 'LtllS (: - day of t \ : J {) \ l,;~~ j--~:;:::::-; }9S:. By: The undersigned JOInS in this Agreement to agree to the terms anc provisions of Par-a graph 11, v.ith respect to the payment of any brokerage comrmSSlOn. Dated this __ ;J . /j'~' / 7' ( ciay of )" ,/,- ,- - r. lQ8~ " r 1 .' /7 t. L /;', ~ L. T l. ~~T1 . iN'- TM"T~Q I~lC ~..,,~ U L " L '/ . ~ B)~:~/L?~~-/ ' ,J -- /. / . " -' 13 I_~ -" ?">, ---::::- ) . ,---,,' - ---":-r"- t/': ~-: - ~w. .. . . .. ----- ~ ~ . .,.. > > =. i . . "":i -...J er- n -- V' ,.. -- ,... ~ ~ - "'" -- :-- :-- :::: '- c , . <: -::: ~ ~;.. -- ~ - ~ '- ~ :-- - ~ .... '- ~ - :-r '- '"', - - ,...,... :-r: - ~ . - -, '.... :"'1" '.., . . I ::-.. ~. 'T: ~1 ~, -.: ''J....-: -j ~ -- ~ - ~=GX:V-'~>V:= ~ ,....: 0: '-~ ~ :rO c::; ,... r: <--:--. :-r: '-' - . -- - - ~'. - ~ > -- o ~ > '../i :; \../'t > .. ~~ ---: t-....: ~ ~ c:> ~ ..c - ~:: :;- -. ? .., ... fI' r co '";' -".: 7:~ . .' 'r, !~ H >-r, ....... o - -'" ~ - '...J > ',- E>:EIB::- , ~... ~..-:- ... J '-' _ ... ~ " -' - .,t,---.. /'iC: 7~~ ARTICLES OF INCORPORATION OF TARA LAKES AT BOYNTON HOMEOwNER'S ASSOCIATION, IrC. We, the undersigned, hereby associate ourselves together for the purpose of forming a Non- Profit Corporation under the Laws of the State of Florida and hereby certify as follows: ARTICLE I NAME The name of the Corporation is TARP LAKES AT BOYNTON HOMFOWNFR'S ASSOCIATION, INC. ARTICLE II PURPOSFS The purposes for which this Corporation is formed do not contemplate ~ecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for ~aintenance, preservation and architectural control of the Common areas and recreational buildings of TARA LAKES AT BOYNTON, P.U.D. These Common areas and recreational luildinf,s and facilities are subject to the Declaration of Covenants and Restrictions for ~ARA LAKES AT BOYNTON. The purposes for which this Corporation is formed also include the promotion of the health, safety and welfare of -. the residents within the above described P.D.D., and any additions thereto as may hereafter be brought within the jurisdiction of this Association, and the following: (a) To exercise all of the powers and privileges and to perfor~ all of the duties and oblif.ations of the Association as ~et forth in those certain Declaration of Covenants and restrictions applicable to the P.D.D. recorded or to be recorded in the Office of the Clerk of the Circuit Court of Palm Beach County, Florida, and as the same may be amended from time to time as ~herein provided, said Declaration being -' . incorporated herein as if set forth at length; (b) To levy, fix, col:ect and enforce payment by any lawful means, all charres or assessments pursu~nt to the terms of the Declaration; to pay all expenses in connection therewith 'i, " and all office and other expenses incident to the conduct of the business of the Association, in~1uding all licenses, taxes or governmental charges levied or imposed .gainst the property of the Associe.tion; (c) To acquire (by conveyance, ~ift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey. sell, lease transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; (d) To borrow money, to mortgage, pledge, deed inttrust, or hypothecate any or all of the Association's real or personal property as security for money borrowed or debts incurred; and (e) To have and exercise any and all powers, rights and privileges which a corporation, organized under the corporations not for profit law of the State of Florida by law may now have or hereafter have or exercise. ARTICLE III ADDRESS; REGISTERED AGENT The principal office address of the Corporation shall be 10195 W. Sample Road, Coral Springs, Florida and the name of its registered agent at said address is Samuel Berman. ARTICLE IV MEMBERS Every person who is a record Owner of a fee or undivided fee --. interest in any lot which is subject by the Declaration of record to assessment by the AssociatioD, including contract sellers, shall be a Member of the AssociatiQD. The fore~oing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership. Membership shall be appurtena~t to and may not be separated from ownership of any lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. .... ARTICLE V VOTIllG The Association shall have two classes of voting membership: Class A: Class A Members shall be all those Owners as defined in Article IV with the e.ception of the Developer. as defined in the Declaration. Class A members shall be entitled to one vote for each Lot in which they hold an interest required for membership as defined by Article IV. When more than one person holds such interest in any Lot, all such persons shall be Members. However, the vote for such lot shall be exercised as they among themselves determine and advise the Association in writinp" but in no event shall more than one vote be cast with respect to any Lot. Class B: Class B Member shall be the Developer as defined in the Declaration. The Class B Member shall be entitled to three (3) votes for each Lot in which it holds the interest required for membership by Article IV. ARTICLE VI TERM The term for which this Corporation is to exist is perpetual. ARTICLE VII DIRECTORS This Corporation shall be govereed by a Board of Directo~s consisting of between three and seven members. The initial Board of Directors shall consist of three persons and their names and addresses are as follows, said persons to serve as Directors until the first annual meeting of the members: -. Developer shall have the right to select a majority of the Board of Directors so long as it owns any Lot in the P.U.D. ARTICLE VIII DIRECTORS POWERS AND DUTIES The Board of Directors shall have all the powers aad duties referred to in the Declaration and in the law of the State of Florida rep,ar~ing corporations not for profit. The powers of the Board of Directors shall in~lude, but shall not be limited to, the -' following: (a) To elect the Officers of the Corporation; (b) To administer the affairs of the Corporation and the Common Area; .;~ (c) To engage the services of a manager or managing agent for the property and to fix the term~ of such management agreement and the compensation and,.8.uthority of the manager or managing agent, subject to the restrictions on contracts set forth in the Declaration; (d) To promulgate such rules and regulations concerning the operation and use of the Common areas and property as may be consistent with the Declaration; (e) to provide for the maintenance, repair and replacement of the Common Areas and the Recreational Areas and (f) To estimate and adopt an annual operating budget and to provide for the assessment and collection from Lot Owners of their respective shares .of the estimated expenses. ARTICLE IX AMENDMENT These Articles of Incorporation may be altered, amended, changed, added to or repealed in the manner now or hereafter prescribed by statute or herein or by the Bylaws of this Corporation as they exist from time to time, at any duly called meetine of the Members of this Corporation provided that (a) the notice of the meeting is given in the manner provided for in the Bylaws of this Corporation and it contains a full statement of the proposed alteration, amendment, change, addition or repeal and (b) there is an affirmative vote of two ---. thirds of the Members present in person or by proxy in faTor of said alteration, amendment, change, addition or repeal. ARTICLE X NO STOCK ISSUE This Corporation shall never have or issue shares of stock nor will it ever have or provide for non- votin~ membership. ARTICLE XI ANNUAL FINANCIAL REPOPT From time to time and at least once annually, the corporate officers shall furnish periodic reports to the Members, which , , -' shall include profit and loss statements and balance sheets prepared 1n accordance with sound business and accounting practices. .- ARTICLE XII INDEHNIFICATION Each Director and Officer of this Corporation shall be indemnified by the Corporation afainst all costs and expenses reaeonab1y incurred or imposed upon hiTh in connection with or arising out of any action, suit or proceedings in which he may be involved or to vhich he may be made & party by reason of his havine been a Director or Officer of this Corporation, such expense to include the cost of reasonable settlements (other than amounts paid to the Corporation itself) made with a view to curtailment of costs of litigation. The Corporation shall not, however, indemnify such Director or Officer with respect to matters wherein he shall ~e finnlly adjudged in any such action, suit or proceedines to be liable for negligence or misconduct in the perforJance of his duty as such Director or Officer, or in respect to any matter in which any settle~ent or corpromise is effected if the total expense, including the cost of settlement, shall substantially exceed the expense which mif-ht reasonably be incurred by such Director or Officer in conductine such litigation to final conclusion, and in no eve~t shall anything herein contained by construed as au~horizing this Corporation to indemnify any such Director of Officer against any liability of the Corporation to which he would -. otherwise be subject by reason of willful malfeasance, bad faith, gross neglieence or reckless disreeard of the duties involved in the conduct of his offi~e. The foregoinf, rip,ht of indemnification shall be in addition to any other rights to which any ~irector or Officer may be entitled as a matter of law of otherwise. ARTICLF XIII CONFLICT If the provisions of these Articles of Incorporation in any way conflict with the provisions of the Declaration, the ... provisions of the Declara~ion shall prevail. ARTICLE XIV SUBSCRIBERS The names and addresses of the subscribers to these Articles of Incorporation are: IN WITNESS WHEREOF the undersigned have set their hands and day of , 1983. seals hereto this STATE OF FLORIDA COUNTY OF BROWARD ) ) 5S BEFORE ME~ the undersigned authe~ity this day personally appeared and t whot after being duly sworn according to law, depose and say that they are competent to contract and further acknowledged that they did subscribe to the foregoing Articles of Incorporation freely and voluntarily and for the purposes therein expressed. -. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Coral Springs. Broward County. Florida this day of , 1983. Notary Public. State of Florida at La] My Commission Expires: ..... -' CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE FOR THE SERVICE OF PROCESS WITHIN FLORIDA, NAMING AGENT UPON WHOM PROCESS MAY BE SERVED. IN COMPLIANCE WITH CHAPTER 48, FLORIDA STATUTES, THE FOLLOWING IS SUBMITTED: FIRST- ~hat TARA LAKES AT BOYNTON HOMEOWNER'S ASSOCIATION, INC., desiring to organize or qualify under the laws of the State of Florida .L~hnizBtprincipal place of business at City of Coral Sprinr,s, State or Florida has named of 10195 W. Sample Road, Coral Springs, Florida as its agent to accept service of process within Florida. Date: HAVING BEEN NAMED TO ACCEPT SERVICE OF PROCESS FOR THE ABOVE STATED CORPORATION, AT THE PLAC~ DESIGNATED IN THIS CERTIFICATE, I HEREBY AGREE TO ACT IN THAT CAPACITY, AND I FURTHER AGREE TO COMPLY WITH THE PROVISIONS OF ALL STATUTES RELATIVE TO THE PROPER AND COMPLETE PERFORMANCE OF MY DUTIES. Date: REGISTERED AGENT ---- . , -' ..... <'. .~. u(;J 6f ~~ - DECLARATION OF COVENANTS AND RESTRICTIONS FOR TARA LAKES AT BOYNTON THIS DECLARATION made this day of , 1983 by TARA DEVELOPMENT GROUP. INC.. a Florida Corporation, which declares that the real property described in Article II of this Declaration is and shall be held. transferred. sold, conveyed and occupied subject to the covenants, restrictions. easements. charges and liens (sometimes referred to as "covenants and restrictions") set forth below. ARTICLE I DEFINITIONS The followinF words, when used in this Declaration shall have the following meaninp,s unless the contex shall prohibit: (a) "Association" shall mean and refer to TARA LAKES AT BOYNTON HOMEOWNERS' ASSOCIATION, INC., a Florida Corporation not for profit. (b) "The Properties" shall mean and refer to all such properties and additions thereto (which additions mayor may not be contiRuouS to the real property described in Article II herein). as are subject to this Declaration or any Supplemental Declaration under the provisions of Article II hereof. (c) "Common Areas" shall mean and refer to the real property legally described in Fxhibit "A" attached hereto and incorporated herein by -. reference, tor,ether with any improvements on said real property including, without limitation all recreational facilities, open space. offstreet parking areas. private streets. sidewalks. st~eet lirhts, Jakes and entrance features. but excludinc any public utility installations thereon. (d) "Lot" shall mean and refer to any lot in Tbe Properties and anY Lot shown upon any. re~ub~1v1B1Qn ot.a~y p!~t 'ot~the Properties. (e) "Owner" or "Hernber" shall mean and refer to the record owner. whether one or more persons or entities. of the fee simple title to " -' any lot. This Instrument Prepared By: Lawrence Presser, Esq. 10195 W. Sample Road Coral Springs, Florida 33065 -1- ~ (f) "Developer" shall ~ean and refer to TARA DEVELOPMENT GROUP, INC., a Florida Corporation, its successors and assigns. (g) "Institutional lender" shall mean any state or federal bank, savings and loan association, pension fund, insurance company, real estate investment trust or any other generally recognized institutional- type lender or its loan correspondent, or any agency of the United States government. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS THERETO Section 1: Le~al Description: The real property which is and shall be h8ld, transferred, sold, conveyed and occupied subject to this Declaration is located in Palm Beach County, Florida and is more particularly described in Exhibits A and B attached hereto. Developer may from time to time bring other land (which mayor may not be contiguous to the real property described in this Section 1) under the provisions hereof by recording supplemental declarations. Section 2: Mer~er or Consolidation: Upon a merger or con- solidation of any association referred to herein with any other association as provided in its Articles of Incorporation, the properties, rights and obligations of such Association may, by operation of law, be transferred to another surviving or consolidatea-. association or, alternatively, the properties, rights and obligations of any other association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration within the properties together with the covenants and restrictions established upon any other property as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration within the Properties. , AR~CLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membership: Every person or entity who is a record owner of a fee or undivided fee interest in any Lot in the Properties shall be a member of the Association. -2- '" '~ 1 I ~ ;, ( , ~' " 1 l,' ~' i t~ _.1'.. _ , " . . . . .-,......... . - .- j" ' I 1 . .' .... I ' , I ' ' , ,~S~cbtorl~2. Votin~ Ri~hts: The Association shall ,have two ", ~._.... , ) , .' i ! I' I ~ .' . . claises o~ ~oting membership: Class A: Class A members shall ,be i all those Owners as defined in Section 1 with th~ exception o~ I. I . '" !.j" ~ the Developer. Class A members shall .be ent.itled to' f ,. I one vot.e for each Lot. in which t.hey hold t.he 1n-' ',' terest.. required tor membership by Section 1., .1 I When more than one person holds' such interest or ,',1 :. interests in any Lot, all such persons' shall: be " ;' t, members, and the vote for such Lot shall be exer-:,l' 'i ci8ed by one liIuch member aa apecified in t.he Ar-' " I ticles of Incorporation of the Association but in . j'l .; no event shall more than one vote be cast with re- '. ~ I : spect to any such Lot. ! .i' ~ , , I Class B The Class B member shall be ,the Developer. The, ,;,' Class B member shall be. entitled to three votes . for each Lot in which it holds the interest re- ,,';!' , I quired for membership by Section 11 provided, hOw-,' "I : ever, that notwithstanding any provision to the ,,', '!'~: contrary, the Developer ,shall have the' right to: ",':. elect a majority of the Board of Directors of the.,,: i '!, ' , Association until such time as Developer no lC?nger' ; ': ' holds the title to any portion of The Properties,' ,;' j " or to any additional property which may have been,'; brought under the provisions hereof by, recorded, .; supplemental declarations, as set forth in Article :. II hereof. : .' L -,I ' . ARTICLE IV PROPERTY RIGHTS IN' THE COMMON AREAS . ! Section 1. OwnerShip. Developer may retain the.legal title to the Conunon Areas so long as it owns fee simple title to at ...',j least one Lot in The Properties. On or before conveyance bY'l.),,!' C Developer of the last Lot which it owns in The properties (or sooner at the Developer's option), the Developer or its succes-. sors and assigns shall convey and transfer the record fee simple title to the Common.Areas to the Association and the Association shall accept such conveyance, subject to taxes for the year of conveyance and to restrictions, limitations, conditions, reserva- tions and easements of record. The Association shall be respon- _. sible for the maintenance of the Common Areas in a continuous and satisfactory manner and for the payment of taxes assessed against the Common Areas and any improvements and any personal property thereon accruing from and after the date these covenants are recorded. Such taxes shall be prorated between Developer and the Association as of the, date of such recordation. Developer shall 'have the right from time to time to enter upon the Cornmon Areas during periods of construction upon adjacent properties and for the purpose of construction of any facilities on the Common 'Areas that Dev~loper elects to build. , 1 Section 2. Members' Easements. Each Member of the Associa- tion ana 'each tenant, agent and invitee of such Member shall 'have a permanent and perpetual easement for ingress and egress for pe- destrian ,and'vehicular traffic over and across the walkways and driveways from time to time'laid out on the COrnmon Areas, 'for use in common with all such Members, their tenants, agents and invitees. The portion of ~he Common Areas not used, from time'to time, for walkways and/or drweways shal,l be for the' common use and enjoyment of the Members of the Association and each Member shall have a permanent and perpetual easement for pedestrian traffic across all such portions of liIuch tracts and for the use of same as common open space in such manner as may be regulated by the Association. The foregoing easements are subj e,ct to the , following J ' I I ,I "j \ ,I . '. 3 l . , " ',<'-: ~ ..~'~':;, (b) The right of the Association to suspend' the voting , . . rights and right to use the Common Areas and facilities by an . ; ".: .: Owner for any period during which any assessment against his Lot ,;' ,"~,,;' ,'" remains unpaid: and for a period not to exceed sixty (60) days ",: "";:~~::~ for any infraction of its lawfully adopted. ,and published rules ,... ',' ,.' ~.~. ,:i and regulations. " . : .' ",'" '..:' ~:.~Jf' ,,~ : ~ ~ '';:',1 .....,. -. ."; ...., ':" :'.: ~I;~,. 'i~ r' " . ..; 'W , 'I" I 11 ~" . r- . ...- ':' ,j " (a) The right, and duty of the "Association to levy "assess~ ments against each Lot for the purpose of maintaining the Common..' Areas and facilities in compliance with the provisions of 'this', Declaration and with any restrictions on the various plats of The ',", properties from tim~ to time recorded. ';' (c) The right of the Association to adopt and enforce rules and regulations governing the use of the' Common Areas and all 'fa- cilities at, any time situated thereon. '. ,r , The right of an Owner to the use and enjoyment of the Common Areas and facilities thereon shall extend to the members of his immediate family who reside with him, subject ~o regulations from time to time adopted by the Association in its lawfully adopted and published rules and regulations. Section 3. Easements Appurtenant. The easements provided in Section 2 shall be appurtenant to and shall pass with the title to each Lot. Section 4. Maintenanc~. The Association shall at all times maintain in good repair, and shall replace as often as necessary, any and all improvements situated on the Common Areas (upon com- pletion of construction by Developer), including, but'pot limited to, all recreational facilities, ,;r- -~. - 1 'I. paving ,drainage -1.8.WI16; ":,~:"~.- street lighting fixtures and appurte,nances, side-, walks, television and radio antennae and.cables for common use, and other structures, except public utilities, all such work to be done as ordered by the Board of Directors of the Association acting on a majority'vote of the Board members. Maintenance of the street lighting 'fixtures shall include the fixtures within the Common Areas and shall further extend to payment for elec- tricity consumed in the illumination of such lights. All work pursuant to this Section and all expenses hereunder shall be paid for by the Association through assessments imposed in accordance with Article V hereof. Such assessments shall be against all Lots t:~~_' ~!} provided, however, that the cost of any mainte- nance, repair or replacement caused by the negligent conduct of a Member or by the failure of a Member to comply with the lawfully adopted rules and regulations of the Association shall be levied as a special assessment against such Member. No Owner may waive or otherwise escape liability for the assessments for such main- tenance by non-use of the Common Areas or abandonment of his right to use the Common Areas. '0, Section 5. Utility Easements. Public utilities may be"in- stalled underground in the Common Areas when necessary for the : service of'The Properties or additional lands for which Developer holds an option to purch~se, but all use of utility easements shall be in accordance with the applicable provisions of this 'Declaration. '" -' section 6. Public Easements. Fire, police, health, sanita- tion and other public service personnel and vehicles shall have a permanent and perpetual easement for ingress and egress over and' across the Common Areas. , , 4 " I' . " . .' ., , , , , . ... .. . ....... . ~. :' ( .: . ""'. , .' I ~ '" ..', " ..... :. .. -., -' :'~' ,. -, ARTICLE V COVENANT FOP MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Oblieation for The Assessments. Each owner of any lot, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and aerce to pny to the Association monthlYassessments or charges for the maintenance of the Common Areas as provided in Article IV, Section ~ hereof as the Association may deem necessarJ', and special asses,ments as provided in Section 3 and Section 4 hereof, such assessments to be fixed, established and collected from time to time as hereinafter provided. The monthlyand special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charye on the land and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with such interest thereon and costs of collection thereof as hereinafter provided shall also be the personal obligation of the person or entity which is owner of such Lot at the time when the assessment fell due. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for maintenace of the Common Areas as provided in Article IV hereof, for capital improvements as provided in Section 4 hereof and to promote the -. health, safety, welf~re and recreational opportunities of the ttembers of the Associaiton and their families residing with them and their guests and tenants. Section 3. Exterior Maintenance. The Association will maintain the lawn of each lot (up to, but exludinr" the patio) including SOdding, irri~ation, landscaped lighting and the planting of trees and shrubbery, but not the rnaintenace thereof; the driveway and street l1p-hting; the pool and related building. Each individual Lot Owner shall maintain, insure and repair his individual home; provided however, that the ~ssociation reserves the right to maintain -' doors, windows, screening and patios if, in its sole discretion, the Association dee.s it desireble, and, also subject to the pro vis ion s 0 r Art i c 1 e V I:I 0 f t his De cIa rat ion. -5- , . ._ "'":.' LblJ__ 1; ".. Such assessments for exterior maintenance shall be against all Lots,_ -;._ =J..it (except for ~.::-..J exterior maintenance specifically requested by an Owner), provided, however, that the cost of any exterior maintenance caused by the negligent conduct of an Owner or by the failure of such Owner to comply with the lawful~y adopted rules and regulations of the Association, shall be levied as a special assessment against such Owner. In addi- tion, an Owner may be specially assessed for any damage or injury caused by the negligent conduct of such Owner to any. easement areas granted to provide access to perform the exterior mainte- nance. Nothing contained herein shall oblig'ate the Association to. make repairs or replacements of improvements damaged by fire, windstorm, hail or other casualty. Such repairs or replacements shall be made by the Owner of the Lot which suffers damage. The Association shall not be obligated to repair any mechanical equipment (e.g. air conditioning units) which are part of the residences located on the Lots, nor sha~l it be responsible for any repairs which could be made pursuant to the terms of any war- ranty covering a residence. It is the intention hereof, that the . Association shall perform only routine maintenance as described in this Section 3. For the purpose solely of performing the exterior mainte- nance authorized by this ,Section 3, the Association, through its duly authorized agents, employees or independent contractors" shall have the right, after reasonable notice to the Owner, to enter upon any Lot at reasonable hours of. any day except Sunday. In the event of an' emergency, such right of entry shall exist without notice and on any day, ,including Sunday. Each'Owner hereby grants to the A~sociation, its duly authorized agents, employees or-independent contractors such easements for ingress and egress, across the Lots and through improvements constructed . upon the Lots, as may be reasonably necessary to effect and per- form the exterior maintenance aforementioned. In addition, the owner of the adjoining property (not within The properties) may grant the Association, its duly authorized agents, employees or independent contractors, such easements for ingress and egress' across its properties to effect and perform the exterior mainte- nance aforementioned. In such event, the Association shall in- demnify the adjoining property owner' for any damage or injury to the easement areas caused by the use thereof for access to per- form the exterior maintenance. In tQe event an Owner is on va- cation and/or will not be present to permit entry onto his Lot for the exterior maintenance aforementioned, said Owner shall deposit his house key with the Association to permit entry thereon. -.. section 4. Capital Improvements. Funds necessary for capi- 'tal improvements relating to the Common Areas may be levied as special assessments by the Association, upon approval by a major- ity of the Board of Directors of the Association and upon appro- val by a two-thirds vote of Members voting at a meeting or by ballot as may be provided in the By-Laws of the Association., " Section 5. Due Dates. The _~'l~ assessments shall be payable in advance in monthly installments, or in annual, semi-annual or quarter-annual installments if so determined by the Board of Directors of the Association. A. The amount ,of the :..;,..n~ assessment may be changed, at any time, by sa~d Board from tha~ originally stipulated herein, or from any other assessment that is in the future adopted. The as- sessment shall be for the calendar year, but the amount of the annual assessment to be levied during any period shorter than a, ..~ ; . -' I ~ I . . I' ~ , . 6 Ii' . ~..... . "t' full calendar year shall be in proportion to ~e number of months remaining in such calendar year. The ,due date of any special assessment for capital improve- ments upder Section 4 hereof shall be fixed in the resolution of "tl\e Board of Directors authorizing such assessment. Section 6. Duties of the Board of Direotors. Exoept for the initial asses6m~nts.specified in Section 5 above, the Board of Directors of the Association shall fix the date of commence- ment and the amount of,the assessment against each,Lot at least thirty (30) days in advance of the commencement of the assessment p~riod and shall, at that time, prepare a roster of the Lots and assessments applicable thereto Which shall be kept in the office of the Association and shall be open to inspection by any Owner. written notice of the assessment shall thereupon be sent to every Owner subject thereto. ' The Association shall, upon demand at ,any time furnish. to any Owner liable for an assessment a certificate in writing signed by an officer of the Association, setting forth whether such assessment has been paid as to the Lot owned by the Owner making request therefor. Such certificate shall be conclusive evidence of payment of any assessment to the Association therein stated to have been paid. Any institutional lender shall also have. the right to demand the certificage provided for herein. The Association, through the action of its Board of Directors, shall have the power, but not the obligation, to ac-. quire, by purchase, lease or otherwise, one or more dwelling units for occupancy by its employees or independent contractors, and to enter into an agreement or agreements from time to time with one or more persons; firms or corporations for ~anagement services. The Association shall have all other powers as provided in its Articles of Incorporation. " Section 7. Collection of Assessment: Effect of Non-Payment of Assessment: The Personal Obligation of the Owner: the Lien: Remedies of the Association. If the assessments are not paid on the date when due (being the date specified in Section 5 hereof), then such assessments shall become delinquent and shall, together , with such interest thereon and the cost of collection thereof as -- hereinafter provided, thereupon become a continuing lien on the property which shall bind such property in the hands of the Own- er, his heirs, devisees, personal representatives, successors and assigns. Any individual who acquires title to a Lot upon the death of an Owner or by operation of law shall be personally lia- ble for unpaid , assessments with respect to such Lot. In any vol- uhtary conveyance, the Grantee shall be jointly and severally liable with the Grantor for all unpaid assessments made prior to the time of such voluntary conveyance, without prejudice to the rights of the Grantee to recover from the Grantor the amounts paid by the Grantee therefor. If the assessment is not paid within 'thirty (30) days after the due date, the ass~~,~l!'.,nt:-....,h.~l:l:....,l?~~ar.. ,int.ef.e~~ from the date when due at the J:b!ghest :ta;5.~ ,provLded by~"'liav,' ~ ~ ,':~ and the Association may bring an act~on at law against tne vwnar person- ally obligated to pay the same or may record a claim of lien against the property on which the assessment is unpaid, or may foreclose the lien against the property on which the assessment is unpaid, in like manner as a~foreclosure of a mortgage on real property, or pursue one or more of such remedies at the same time or successively, and there shall be added' to the amount of such assessment, attorney's fees and costs of preparing and filing the . . ~ . , ,..' 7 . Claim of Lien and the Complaint in such action and, in the event a judgment is obtained, such jud~ment shall include interest on the assessment as .bove provided and a reasonable attorney's fee to be fixed by the court, together with the costs of the action, and the Association shall be entitled to attorney's fees in connection with any appeal of any such action. It shall be the legal duty of the Association to enforce payment of the assessments hereunder. Section 8. Subordination of the Lien to Mort~a~es. The lien of the assessment provided for in this Article V shall be subordinate to the lien of any institutional first mortgage recorded prior to the recordation of a Claim of Lien for unpaid assessments. A mortgagee in possession, a receiver, a purchaser at a foreclosure sale, or a mortgagee that has acquired title by deed in lieu of foreclosure, and all persons claiming by, through or under such purchaser or mortgagee shall hold title subject to the liability and lien of any assessment becoming due after such foreclosure or conveyance in lieu of foreclosure, but shall not be liable for assessments due prior to such foreclosure. Any unpaid assessment which canoot be collected as a lien against any lot by reason of the provisions of this Section 8, shall be deemed to be an assessment divided eq.ally among, payable by, and assessed against all Lots. Section 9. Effect on Developer. Notwithstanding any provisions that may be contained to the contrary in this instrument, for so long as the Developer is the owner of any Lot, the Developer shall not be liable for assessments a~ainst such Lot, provided that the Developer funds any deficit in operating expenses of the Association. Developer may, at any time, commence paying such assessments as to all Lots that it owns and thereby automatically terminate its obligation to fund deficits in the operating expenses of the Association. ARTICLE VI CAPITAL CONTR~BUTION At the time of the closing of a Lot pursuant to an original sale by the Developer, purchaser shall pay to the Developer on behalf of the Association a sum equal to three (3) months of the monthly maintenance assessment defined in Article V herein. These monies shall be the Associations property and shall be held by the Association in its bank account. This capital contribution fund and any interest earnings thereon shall be used by the Association through its Board of Directors, pursuant to the powers described in the Articles of Incorporation and the ByLaws of the Association attached hereto, for purposes of meeting bud~et~ry deficiencies, in lieu of special assessments, and for payment of any Federal and State income taxes on the earnin~s of this fund. Amounts paid into this fund are not to be considered ad advance payment of regular assessments. ARTICLE VII GENERAL RESTRICTIVE COVENANTS -. Section 1. Applicability. The provisions of this Article VII shall be applicable to all Lots situated within the Properties. Section 2. Land Use. No Owner shall make or permit any structurel modification or alteration of any buildin~ or home or ehange the exterior appearance of~ny home except with the prior written consent of the Architectural Control Board (hereinafter identified) or its successor, and such consent may be witheld if in the sole discretion of the party denying the same, it appears that such change or modification of the structure of the home on the Lot -8- alteration would affect or in any manner endanger other dwelling units. No'building shall be demolished or removed without the prior written .consent of the Board of Directors of the Association and ~he prior written consent of the Owner of the irnm~dia~ely adjoining building. Section 4. Building Location. Buildings shall be located in conformance with the Zoning Code of the COunty of Palm Beach, Florida and any specific zoning approvals thereunder, or as orig- inally constructea on a Lot by D~veloper or its successor or assignee. Whenever a ..variance or special exception as to buil- ding location or other item has been gran,ted by the authority designated to do so under the Zoning Code, said variance or spe- cial exception is hereby adopted as an amendment to this Section and any future variance or special exception as to building loca- tion or other item shall constitute an amendment of this Section. Section 5. Easements. Easements for' drainage', installation and maintenance of utilities and for ingress and egress are're- served as shown on the recorded plats of The Properties. Within these easements no structure, planting or other material may be placed or permitted to remain that will interfere with vehicular traffic or prevent maintenance of utilities. Public utility companies servicing The Properties and the Association, and their successors and assigns, shall have a perpetual easement for the installation and maintenance of water lines, sprinkler lines, sanitary sewers, storm drains, gas lines, electric and telephone lines, cables and conduits, including television cables and con- duits and such other installations as may be required or neces- sary to provide maintenance and utility services to the Lots and/or the COmmon Areas, under and through the utility easements as shown on the plats and under and through such portlons of the rear of each Lot beyond the buildings, as such buildings may from time to time be located. Any damage caused to pavement, drive- ways, .drainage structures, sidewalks, other structures, or land- scaping in the installation and maintenance of such utilities shall be promptly r~stored and repaired by the utility whose in- stallation or maintenance caused the damage. All utilities with- in the subdivisions, whether in streets, ;rights-of-way or 'utili ty easements, shall be installed and maintained. underground, pro- vided, however, that water and sewer treatment facilities and control panels for utilities may be installed and maintained above ground. -. Section 6. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done ,thereon which may be or may become an annoyance or nuisance to the neighborhood or any other Lot owner. t Section 7. Temporary Structures. No structure of a tempo- rary character, or trailer, tent, mobile home or recreational vehicle shall be permitted on any Lot either temporarily or per- manently, so as to be visible from the street or adjacent lots.. No gas tank, gas container, or gas cylinder (except gas tanks, gas containers or ga8 cylinders as placed by the 'Developer in connection with the installation of swimming pools and/or barbe- ques) shall be permitted to be placed on or about the outside of any house or any. ancillary building, and all gas tanks, gas con- tainers and gas ,cylinders (~xcept gas tanks, gas containers or gas cylinders as placed by the Developer in connection with the installation of swimming pools and/or barbeques) shall be in- stalled underground in every instance where gas is used.' In the alternative, gas containers may be placed above ground if ~ t I' \, . 9 .. enclosed on all sides by a decorative safety wall approved by the Archit~ctural Control Board referred to in Section 12 hereof. This section shall not apply to developer or its construction or sales trailers. Section 8. Si~ns, Mailboxes and House Numbers. No sign of any kind shall be displayed to the public view on the Properties, except one sign of not:more than one square foot used to indicate the name of the resident, without the prior consent in writing of the Board of Directors of the Association; provided that the Developer , so long as it has not sold all of its Lots in the Properties, shall retain the right to disapprove any signs displayed to the public view. The size and design of mailboxes and house numbers must be approved by the Architectural Control Board, as defined in Section 12 hereof. Nothing in this section shall apply to signs and displays used by Developer for sales and marketing of its lots. Section 9. Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in The Properties nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in The Properties. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any portion of the land subject to these restrictions. Section 10. Pets, Livestock and Poultry. No animals, livestock or PQ~ltry of any kind shall be raised, bred or kept on any Lot, except that dogs weighing less than thirty pounds, cats, or other household pets may be kept, subject to rules and reeulations of the Association, provided that they are not kept, bred or maintained for any commercial purpose, and provided that they do not become a nuisance or annoyance to any neighbor. No dogs or other pets shall be permitted to have excretions on any Lot or anywhere else within the Properties except in locations designated by the Association in its rules and regulations. Section 11. Visibility ~t Intersections. No obstruction to visibility at street intersections shall be permitted. Section 12. Architectural Control. No building, wall, fence, --. or other structure or improvement of any nature shall be erected, placed or altered on any Lot until the construction plans and specifications and a plan showing the location of the structure and landscapime as may be required by the Architectural Control Board have been approved in writing by the Architectural Control Board named below. Each building, wall, fence or other structure or improvement of any nature, together with the landscaping, shall be erected, placed or altered upon the premises only in accordance with the plans, specifications and plot plan so approved. Refusal of approval of plans, specifications and plot plan, cr any of them, may be based on any ground, including purely aesthetic grounds, which in the sole and uncontrolled discretion of said Architectural Control Board seem sufficient. Any change in the exterior appearance of any building, home, wall, fence or other structure or improvements, and any change in the appearance of landscaping shall be deemed an alteration requiring approval. The Architectural Control Board shall have the power to promulgate such rules and regulatioas as it deems necessary to carry out the provi s ions and i nt-ent 0 f th i s 'paragraph. The ini t i al Architectural eontrol Board shall be composed of , and and the address of said Board ehall be 10195 West Sample Road, Coral Springs, Florida 33065. A majority of the Board may take any action the Board is entitled to take, may designate a representative to act for the Board, and may employ personnel and consultants to act for it. -10- In the event of death, disability or resignation of any member of the Board, the remaining members 'shall have full authority to designate a successor. The members of the Board shall not be en- titled to any compen.at1on for .ervice. performed pursuant to this Section. When all residential dwelling units proposed by ,the Dev~loper to be constructed within The Properties have been 'conveyed to Owners, the members of the Architectural Control ,Board shall be designated by the Board of Direc~ors of the Association. ),'> section 13. Exterior Appearances and Landscaping. The paint, coating, stain and other exterior fin~shing colors on all buildings shall be maintained as originally installed by Develop-. er in accordance with the provisions of this :._.;;i;....':.:..neclaration' of Covenants and Restrictions affecting the Lots without prior approval of the Architectural Control Board, but prior approval by the Architectural Control Board shall be necessary. before any such exterior finishing color is changed~ The landscaping, in- cluding, without limitation, the trees, ,shrubs, lawns, flower beds, walkways and ground elevations, shall be maintained in ac- cordance with said ~,,,J>>o#l~-Declaration of COvenants and Re str ic- tions, as originally installed by Developer, unless the prior approval for any substantial change is obtained from the Archi- tectural Control Board. section 14. Commercial Trucks, Trailers, Campers and Boats. No trucks or commercial vehicles shall be permitted to be parked or to be stored at any place on any Lot, except only during the periods of approved construction on said Lot. This prohibition of parking shall not apply to temporary parking of trucks and commercial vehicles, such as for pick-Up, delivery, and other commercial services. If Developer shall elect to include a stor- age area for vehicles within The properties, vehicles, .etc. must be stored within such area. Section 15. Boats, Campers, Trailers, Etc. No boats, boat trailers, campers, mobile homes, house trailers, motor bikes, or other vehicles, except for passenger automobiles or vans, shall be parked, placed, or stored so as to be visible from the street or adjacent lots. Section 16. Fences. No fence, wall or other structure shall be erected in the front yard, back yard, or side yard set- back areas, except as originally installed by Developer or its' assignee, and except any approved by the Architectural Control. Board as above provided. -. section 17. Garbage and Trash Disposal. No garbage, ref- use, trash or rubbish shall be deposited ,on any Lot except in a, walled-in area: provided, however, that the requirements from time to time of the County of Palm Beach for disposal or collec- tion shall be complied with. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. (. lj ',:1 ~ ... \ , ~ ~\ . J section 18. Drying Areas. No clothing, laundry or wash shall be aired or dried on any portion of any Lot in an area ex- posed to view from any other Lot. Drying areas will be permitted only in locations approved by the Architectural Control Board and only when protected from vie~ by screening or fencing approved by the Architectural Control Board. Section 19. Air Conditioning Units. There shall be no win- dow air conditioning units or fans, unless same shall have been approved by the Architectural Control Board. 11 Section 20. Power t~ Grant Variances. Notwithstanding any of the above, the Architectural Control Board has the Bole power to grant variances to any of the above provisions, to exercise in its discretion. . . ARTICLE VIII RESERVATION OF DEVELOPER'S RIGHTS Developer reserves the right to do anything necessary or incidental to marketing and sales of units on Lots on The Properties including, but not limited to, using the recreation area and buildings for sales, placing of signs or other advertisements upon the common areas, erecting and using model homes, leasing units held by it on its lots and any other acts deemed necessary. ARTICLE IX GENERAL PROVISIONS Section 1. Duration. The. covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Developer, the Association or the Owner of any Lot subject to this Declaration and their respective legal representatives, heirs, successors and assigns for a term of twenty- nine (29) years from the date this Declaration is recorded, after which ti8e said Covenants shall be automatically extended for successive periods of ten yaars. Section 2. Notice. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when personally delivered or mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. Section 3. Enforcement. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or personF violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants and failure by the Developer, the Lssociation or the Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In any action brought bereunder the ~revailing party shall be entitled to recover attorney fees, through and including all appellat~. levels and court costs. Section 4. Severability. Invalidation of anyone of these covenants or restrictions by judgment or order of court shall in no way affect any other provisions which shall remain in full force and effect. Section ~. Amendment. In addition to any other manner herein provided for the amendment of this Declaration, the covenants, restrictions, easementst charges and liens of this agreement may be amended, changedt added tOt derogated, or deleted at any time and from time to time upon the execution and recordation of any instrument executed by : (1) Developer, for se long as it holds title to any Lot affected by this Declaration; or, alternatively, (2) Owners holding not less than two-thirds vote of the membership in the Association, provided that so long as the Developer is the owner of any Lot affected by this Declaration, the Developer's consen~ must be obtained " Section 6. Effective Date. ~his Declarat~Dn shall become effective upon its recordation in the Palm Beach County Public Records. -12- ARTICLE X 'ADDITIONAL DUTIES OF THE ASSOCIATION Section 1. Information. The Association shall make available to Owners and to holders, insurers or guarantors of any first mortgage, current copies of the Declaration, bylaws, other rules concerming the project and the books, records and financial statements of the Association. "Available" means available for inspection, upon request, during normal business hours or under other reasonable circumstances. Section 2. Financial Statement. Upon request in writing from any holder of a first mortgage the Association shall furnish a financial statement for the immediately preceding year. Section 3. Contracts. The Association, prior to passage of control from the developer, shall not be bound either directly or indirectly to contracts or leases (including a management contract) unless there is a right of termination of any such contract or lease, without cause, which is exercisable without penalty at any time after transfer of control, upon not more than 90 days notice to the other party thereto. Section 4. Lender's Notices. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor and the unit estate number O~ address, any such eligible mortgage holder or eligible insurer or guarantor will be entitled to timely written notice of: a) Any condemnation loss or any casualty loss which affects a material portion of the project or any unit estate on which there is a first mortgage held, insured, or guaranteed by such eligible mortgage holder or eligible insurer00r guarantor, as applicable; b) Any delinquency in the payment of assessments or charges owed by an owner of a unit estate subject to a first mortgage held, insured or guaranteed by such eligible holder or eligible insurer or guarantor, which remains uncured for a period of sixty days; c) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Owners Association; d) Any proposed action which would require the consent of a specified percentage of mortgage holders. Section 5. Insurance and Fidelity Bonds. The Association shall maintain in effect casualty and liability insurance for the common areas and recreation areas in ap-amoun~ equal to 100~ of current replacement cost of the common areas and recreation areas and buildings, exclusive of land, foundation, excavatton and other items normally excluded from coverage. If required, flood insurance shall also be acquire~ and maintained by the Association. The Association shall also maintain and acquire liability insurance the common areas and recreation areas and buildings in an amount equal to at least one million dollars. The Association ~hall also procure and maintain blanket fidelity bonds for all officers, directors, trustees and employees of the Association and all other persons handling or responsible for funds of or administered by the Association. If required, the Association will also procure and maintain Workmens Compensation insurance. All premiums for the insurance shall be paid by the Association from the assessments provided for in this Declarr..ion. -. for Section 6. Reserves. The Association's Budget shall provide for reserves for replacement. repair of the recreation areas, common areas and recreation buildings. Provided. however, that the reserves provided for herein may be ~aived by developer while it owns any lot on the Properties and/or by ~yajority of the Unit Owners at a duly called meeting of the Unit Owners. -13- IN WITNESS WHEREOF the undersigned have set their hands and the Corporate seal hereto the date first above written. Signed in the presence of: TARA DEVELOPMENT GROUP, INC. By: President ATTEST: Secretary (SEAL) STATE OF FLORIDA COUNTY OF BROWARD ) ) SS I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared and well known to me to be the President and Secretary, respectively, of the corporation named as reveloper and Declarant in the foregoing Declaration of Covenants and Restrictions and they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said Corporation and that the seal affixed thereto is the true corporate seal of said Corporation. WITNESS my hand and official seal in the County and State last -. aforesaid this day of , 1983. NOTARY PUBLIC My Commission Expires: ... -' -lq- '. ~CE OF PUBLIC HEARING ~ D. H. Ambrose Art ~., Agent, has requestea the following parcel be considered for rezoning: LEGAL DESCRIPTION: HOUSING PARCEL A parcel of land in Section 30, Township 45 South, Range 43 East Palm Beach County, Florida, more particularly described as follo~s' Co~~encing at the Southeast corner of said section 30; thence . N 0051'37" W. along the east line of sa~d section 30, a distance of 40.0 feet; thence S 88022 'IS" ~'1 along a line lying 40.0 feet north of and parallel to the south line of said section 30 a dis- tance of 495.08 feet to the point of beginning; thence continue 5 88022'15" W along said parallel line a distance of 1780.36 feet. thence.N 0033'17" W a distance of 845.00 feet; thence N 88022'1510' E, a d1stance of 430.00 feet; thence S 88035'5510 E, a distance of 1340.36 feet; thence S 1020'08" E, a distance of 774.00 feet to the point of beg~nning. Sa~d.lands situate, lying and being in Palm Beach County, Flor1da, conta1n1ng 33.330 acres, more or less. LEGAL DESCRIPTIO~: ROAD-RIGHT-OF-WAY A parcel of land in Section 30, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Commencing at the Southeast corner of said Section 30; thence r,l 0051' 3710 W aloitg the East line of said Section 30, a distance of 40.0 feet; thence S 88022'15" ~'l along a line lying 40.00 feet North of and parallel to the South line of said Section 30 a dis- tance of 50.00 feet to a point on the West Right-of-Way line of Congress Avenue; thence N 00 51' 37" W along said ~'1est Right-of-Way line, said line lying 50 feet West of and parallel to said East line of Section 30, a distance of 768.00 feet to the Point of Be- ginning; bance S 89008'23" W a distance of 451.46 feet; thence N 88035' 55" ~'l a distance of 1340.36 feet; thence S 88022' 15" ~'l a distance o~ 430.00 feet; thence N 0033'1710 W a distance of 80.01 feet; the~ce N 88022'15" E a distance of 430.62 feet; thence S 88035'55" a distance of 1340.87 feet; thence N 89008'23" E a distance of 94.25 feet to a point of curvature; thence along the arc of a cu~e to the left, having a radius of 1960 feet~to a point of reverse curvature; thence along the arc of a curve to the right having a raeius of 2040 feet and a central angle of 2046'50", a distance 0="99.00 feet to a point on said West Right-of-Way line of Congress Avenue; thence S 0051'37" ~ along said West Right-of-Way line a dist~~ce of 107.56 feet to the Point of Beginning. Said lands situate, lying and being in Palm Beach County, Florida, and contain 4.165 acres, more or less. Location: Congress Ave. & S.W. Congress Blvd Approximately 1000' north of Woolbright Request: REZONE from R-3 to PUD with LUI of 4.0 Project Name: TARA LAKES Use: To construct 144 single family, zero lot line, homes Owner: Figh Point of Delray Builders No.2, Inc. ~li L' I>' rn.ma- w. ~lu~l_..b. e~. ""];As. i':;;?,,{:.J.lc:Tontract J?1~ Notice of a rezoning request is sent to property owners within 400 feet of the applicant's property to give you a chance to voice your opinion on the subject. A HEARING BEFORE THE PLANNING & ZONING BOARD WILL BE HELD AT CITY HALL, TUESDAY, JULY 12, 1983, AT 7:30 P.M. ALSO A PUBLIC HEARING IS SCHEDULED BEFORE THE CITY COUNCIL ON TUESDAY, JULY 19, 1983, AT 8:00 P.M. ON THE ABOVE REQUEST. Comments may be heard in person at the above stated meetings or filed in writing prior to the hearing dates. If further information is desired, please call 734-8111, Extension 257, City Planner's Office. Any person who decides to appeal any decision of the Planning & Zoning Board or City Council with respect to any matter considered at these meetings will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. LEGAL ADVERTISEMENTS WILL APPEAR IN THE JUNE 26th and JULY 3rd, 1983 ISSUES OF THE POST EXTRA. TO APPLICANT: BETTY S. BORONI, CITY CLERK CITY OF BOYNTON BEACH It is necessary for you or your representative to be at the ab::>ve stated meetings in order for your petition to be considered. 11mb June 10, 1983 --------- -~-------- o 1/8 o 400..800 )} C3 'L-J \ --~f LOCATION '.' MAP" TARA'LAKES'..PUO'..c, '..1'....-...' . ~ ,. --- '" ... . . . .., f"''' PUO LUI:4.0 R 'I A A A 1/4 PU L.. C3 1/2 1600 2400 3200 ! ---"'"'.-- C3 R 3 REC n .. L . " .. " .. ..... .... So . .' ~ .. Pt, "' . ~ .. ::~ ,. ....... .1 ol 1Ifr.: ... -. :.. .~ ~ ~ ..-, ". IoC -', " ~ ~ :,..... -,;"<<,, ~ . ' ., , ~ tn, "'.&. C1 3/4 MILES I 4000. FE~T ~ I , .1 r-l_ '. .. " -<I~' I ...:' ' , -" '*' R h I' ~ R3 .. ~., ~ .. .. 0."'" . 'R1) .(PL ,:. ~" ..' . <I' .",". R3: .\ t REC ). . i .. Po 1. i ..--"" 1.... .. . ~~~ "'-"1 ..~ ~3 ,. t.._ . _ -:; - : :-;, : ... . Ii .!( , I, .:_ .-.::: 'r;'r .:-:. t. _~ ~~- c/f PLAfl/NING oepr ., '7"6:8;