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APPLICATION " ~' , PROJECT NAME: Melear P,U.D. LOCATION: SW Corner of Minor Road and Sandalwood Drive COMPUTER ID: I FILE NO,: NWSP 99-019 II TYPE OF APPLICATION: NWSP I AGENT/CONTACT PERSON: OWNER/APPLICANT: Julian Bryan/Julian Bryan & Associates Gene B. Guck co. PHONE: 561-338-0395 PHONE: 317-469-5866 FAX: 561-338-5996 FAX: N/A ADDRESS: ADDRESS: 8330 Woodfield Crossing Blvd. 756 St. Albans Drive Suite 200 Boca Raton, FL 33486 Indianapolis 46240 Date of submittallProjected meetinl!: dates: SUBMITTAL / RESUBMITT AL 10/4/99 1 ST REVIEW COMMENTS DUE: 10/12/99 PUBLIC NOTICE: TRC MEETING: 11/23/99 PROJECTED RESUBMITTAL DATE: ACTUAL RESUBMITTAL DATE: 2ND REVIEW COMMENTS DUE: LAND DEVELOPMENT SIGNS POSTED (SITE PLANS): PLANNING & DEVELOPMENT BOARD 12/14/99 MEETING: CITY COMMISSION MEETING: 12/21/99 COMMENTS: -11 01" _ ( ( - I S:IFORMSIPROJECT TRACKING INFO " APPLICATION TRACKING LOG:b PROJECT TITLE: MELEAR P.U.D. FILE fI: NWSP 99-019 ~. PROJECT LOCATION: SW CORNER OF MINER ROAD AND SANDALWOOD DRIVE TYPE OF APPLICATION: New Site Plan " PUBLIC NOTICE REQUIRED: (YIN) REVIEWER'S NAME , AGENT: ADDRESS: AGENT PHONE: FAX: DATE REC'D: AMOUNT: RECEIPT NO.: i , 12 SETS OF PRE-ASSEMBLED PLANS SUBMITTED FOR REVIEW: 2 OF 12 SETS SIGNED AND SEALED 0 SURVEY 0 LANDSCAPE PLAN 0 FLOOR PLAN 0 SITE PLAN WITH SITE DATA 0 APPLICATION/SUBMITTAL: DATE ACCEPTED: DRAINAGE PLAN 0 ELEVATION VIEW DRAWINGS 0 COLORED ELEVATIONS RECEIVED 0 MATERIAL SAMPLES RECEIVED 0 PHOTOGRAPHS RECEIVED 0 DATE DENIED: DATE OF LETTER TO APPLICANT IDENTIFYING SUBMISSION DEFICIENCIE c..~~~ crQ. <...0 ~~ ~ C\tc.;~ Up. /01 ) 9 1 ST REVIEW COMMENTS DUE: 10/12/99 1 ST REVIEW COMMENTS RECEIVED UTlL. P.W. PARKS FIRE En . POLICE PLANNING BLDG FORESTER PLAN MEMON DATE I W\o p\~ rc;k.Nd DATE OF LETTER SENT TO APPLICANT IDENTIFYING TRC REVIEW COMMENTS: 90-DAY CALENDAR DATE WHEN APPLICATION BECOMES NULL AND VOID: DATE 12 COMPLETE (ASSEMBLED) SETS OF AMENDED PLANS SUBMITTED FOR 2ND REVIEW: PRE-ASSEMBLED PLANS SUBMITTED FOR REVIEW: AMENDED APPLICATION 0 2 OF12 SETS SIGNED AND SEALED 0 SURVEY 0 LANDSCAPE PLAN 0 FLOOR PLAN 0 SITE PLAN WITH SITE DATA 0 2ND REVIEW MEMO: DATE SENT: DRAINAGE PLAN 0 ELEVATION VIEW DRAWINGS 0 COLORED ELEVATIONS RECEIVED 0 MATERIAL SAMPLES RECEIVED 0 TRANSPARENCY RECEIVED 0 PHOTOGRAPHS RECEIVED 0 MEMO NO. RETURN DATE: 2nd REVIEW COMMENTS RECEIVED PLANS MEMON DATE PLANS MEMOfl DATE UTIL. POLICE P.W. PLANNING PARKS BLDG/ENGR FIRE FORESTER 0 LAND DEVELOPMENT SIGNS PLACED AT THE PROPERTY. DATE SENT / SIGNS INSTALLED: BOARD: CITY COMMISSION: DATE: DEVELOPMENT ORDER RECEIVED FROM CITY CLERK: 0 DATE: BOARD MEETING DATE: DATE: DEVELOPMENT ORDER SENT TO APPLICANT: 0 DATE: ):\SHRDATA\PLANNING\SHARED\WP\PROJEC-TS\MELEAIl PUD - tlWSP 10-4-99\COMHENT TRACKING LOG.DOC , rv~StP qq - 0\9 . TV OF BOYNTON BEACH, FLORIC PLANNING & ZONING DIVISION 00 ~o~~:~~!rn I SITE PLAN REVIEW APPUCA TION FOR NEW SITE PLANS & MAJOR MODIFICATIONS TO EXIST NG SIT~l,'JINING ,;NO ZONiNG DEPT. Application Acceptance Dale: ~ 1 ,~ - . Fee Paid: ---2S1l-~eceiPI Number: -t1,j 'd:) This application must be filled out completely, accurately and submitted as an original to the Planning and Zoning Department TWELVE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED sets of plans induding a recent survey and appropriate fee shall be submitted with the application for the initial process of the Site Plan Review procedure. AN INCOMPLETE SUBMITTAL WILL NOT BE PROCESSED. Please print legibly (in ink) or type all information. I. GENERAL INFORMATION 1. Project Name: U(;Z.€;~-e 'F?(),lJ. 2. Applicant's name (person or business entity in whose name this application is made): I Address: Wi'n f(:'JF12L\;)p,::; ~)^~ 7211 h Phone: 505;- 5Il.~~~ Fax: 3. Agent's Name person, if any, representing applicant): .J()(Jh"U B~/~l..) v: V U//:,UI (~K.F$ H./J. / (Zip Code) Phone: ~ 1:4~~~ J/:-' 5"6f-M-D39S ~~4~b (Zip Code) 5"b1- ~3B - sqgb Address: Fax: 4. Property O\\.,er's (or Trustee's) Name: /-if::;L):-; E. HIli -k (D Address: 831,l') v mf);:71ifT) t2~H.vn ~ /t.}/-) 1t:J/,,)IJ.T:rXJS i IJ). Phone: ~17-Ab9- S"8bh Fax: . r;;)[;-p; 2/x) , , -46.1Lh (Zip Code) s. Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute is specified below:* JJIIl . *This is the.one address to which all agendas, letters and other materials will be mailed. 6. What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer, contract purchaser, etc.) Co~ POeGJlJ.st-E- 7. Street address or I -ltion of site: 50. (,/:)I<( )t:i::. ( - /.../ !IX.;? lZL-,1\D ~ <::111 ){)N 1. nnD DI2JUF. 8. Property Control #: Legal description of site: 5~h A;/ 1Y~;n I hhfY ..J y )~\lD( Ii 9. Intended users) of site: ~i>r-J.fIN (12.8 7blJ.J/..)I.J()IIf:'b 1/7 7f:FD (or(~1 ~-+- 64 $'1/ Y-J h r-N . I 10. Developer or Builder: r tXl{/UG:L'flY- f...I.?pr-.r & RnpJ{)1,. 11. Architect 12. Landscape Architect: 13. Site Planner: 14. Engineer: 15. Surveyor: IJ IJI+p- I bIt ~t:. -..f ~~. 16. Traffic Engineer: - 17. Has a site plan been previously approved by the City Commission for this property? 18. Estimated constnuction costs of proposed improvements shown on fhis site plan: ~I/.l II. SITE DATA The fOllowing information must be tilled out below and must appear, where applicable, on all copies of the site plan. 1. Land Use Cateaorv shown in the Comprehensive Plan 2. Zonina District P.U.!) . 3. Area of Site .f9 .M acres ~ {,N, h18 sq. ft. 4. Land Use - Acreaae Breakdown I a. Residential, including '35: /4. acres 5&,-g % of site surrounding lot area of grounds b. Recreation Areas. {.fi{ acres 2.C, % of site (excluding water area) c. Water Area g.99 acres % of site d. Commercial 6 acres 0 % of site e. Industrial 6 acres b % of site f. Public/Institutional 0 acres 0 % of site g. Public, Private and g.7 Canal rights-of-way acres f4.s % of site h. Other (specify) 0 acres 6 % of site Planning and Zoning Department - Rev. 3/1 B/97 IICHIMAINISHRDA TAIPlANNINGISHAREDIWP\FORMSIAPPSINWSPlSITEPLAN.WPD ------- _. _~u_~_ ------- ~.~--_.. i. Other (specify) o acres D % of site j. Total area of site 59.~ acres IDO % of site . including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft. by 50 ft. 5. Surface Cover a. Ground floor building 9.1\ acres \ b. Z. % of site area ("building footprint") b. Water area &.C)Q. acres Ir./) % of site c. Other impervious areas, including paved area of public & private streets, paved area of parking lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic courts. KS? / acres /4.1 % of site d. Total impervious area 7Jsl acres At, 0 % of site e. Landscaped area ~ acres ~% of site inside of parking lots (20 sq. ft. per interior parking space required - see Sec. 7.5-35(g) of Landscape Code). f. Other landscaped areas2/" 7>3 acres M 3 % of site g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding water areas $'. <:; acres 9.2 % of site h. Total pervious areas 3233acres ~~.D % of site i. Total area of site $<3.~ acres 100 % of site 6. Roar Area a. Residential A<;;? 1lY> sq. ft. CST. TOTAt.... I b. CommerciaVOffice () sq. ft. c. IndustrialNVarehouse 0 sq. ft. d. Recreational I C;OO sq. It. e. Public/Institutional 0 sq. ft. t. Other (specify) O. sq. ft. g. Other (specify) 0 sq. ft. h. Total floor area sq. ft. Planning and Zoning Department - Rev. 3/18/97 \\CHIMAIN\SHRDATA\PLANNING\SHAREDIWPlFORMSIAPPSINWSPlSITEPLAN,WPD 7. Number of Residential Dw..."mo Units a. Single-family detached ~sq. ft. b. Duplex /) sq. ft. c. Multi-Family (3 + attached dwelling units) (1) Efficiency 0 dwelling units (2) 1 Bedroom D dwelling units (3) 2 Bedroom ~4 dwelling units (4) 3+ Bedroom fA dwelling units d. Total multi-family 12'8 dwelling units e. Total number of dwelling units 36~ 8. Gross Density S.lh dwelling units per acre 9. Maximum heiqht of structures on site 2S ;z. stories feet 10. Required off-street Darkinq a. Calculation of required number of off-street parking spaces b. Off-street parking spaces provided on site plan b\~ 927(tLY'!)~ I 6/$--r-G ~f:G;/lJlJ~ Planning and Zoning Department - Rev. 3/18/97 IICH'MAIN\SHRDA TA\PLANNINGISHAREDIWPlFORMSlAPPSINWSPlSl1'EPlAN.WPD III. CE~TIFICATION (I) \We) understand that this application and all papers and plans submitted herewith become a part of the permanent records of the Planning and Zoning Department (I) ry./e) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. Signature of Owner(s) or Trustee, of Authorized Principal if property is owned by a corporation or other business entity. Date IV. AUTHORIZATION OF AGENT &-1/-9'X Date (I) ry./e} hereby de Ignate the above signed person as (my) (our) authorized agent in regard to this application. Signature of Owner(s} or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. Date SPACE BELOW THIS LINE FOR OFFICE USE ONLY Review Schedule: Date Received Technical Review Committee Planning & Development Board Community Appearance Board City Commission' Date Date Date Date Stipulations of Final Approval: Other Government AgencieslPersons to be contacted: Additional Remarks: Planning and Zoning Department - Rev. 3/18/97 IICHIMAIN\SHRDATAIPLANNINGISHAREDIWP\FORMSIAPPSINWSPlSITEPLAN.WPD BY-LAWS OF SAN SAVINO TOWNHOMES HOMEOWNERS' ASSOCIATION, INC. ARTICLE I NAME AND LOCATION. The name of the corporation is SAN SAVINO TOWNHOMES HOMEOWNERS I ASSOCIATION, INC., hereinafter referred to as the "Association". The principal office of the Association shall be located at the offices of Continental Homes of Florida, Inc., 8000 Governors Square Boulevard, Suite 101, Miami Lakes, Florida 33016, or at such other places as may be subsequently designated by the Board of Directors, but meetings of Members and Directors may be held at such places within the State of Florida as may be designated by the Board of Directors. ARTICLE II Section 1. "Articles of Incorporation" shall mean and refer to the Articles of Incorporation of San Savino Townhomes Homeowners I Association, Inc., all exhibits which are attached thereto and made a part thereof, and shall include such amendments, if any, as may be adopted from time to time pursuant to the terms thereof. Section 2. "Association" shall mean and refer to San Savino Townhomes Homeowners' Association, Inc., its successors and assigns. Section 3. "By-Laws" shall mean and refer to the within instrument, and shall include such amendments, if any, as may be adopted from time to. time pursuant to the terms hereof. Section 4. "Common Area" shall mean and refer to all real property owned by the Association for the common use and enjoyment of the Members of the Association and all improvements constructed thereon, including the Limited Common Area as hereinafter defined. Section 5. "Declarant" shall mean and refer to Continental Homes of Florida, Inc., a Florida corporation, its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. (Declarant may sometimes be called herein "Developer") . Section 6. "Declaration" shall mean and refer to the San Savino Townhomes Declaration of Covenants, Conditions and Restrictions. its exhibits and all amendments thereto which Declaration is recorded in the office of the Clerk of the Circuit Court of Palm Beach County, Florida. Section 7. "Development Period" shall mean the period of time until the Declarant has sold the last Lot within the Property or any property annexed to the Property pursuant to the terms of the Declaration to outside purchasers. Section 8. The term "Institutional First Mortgagee" means a bank, or savings and loan association, or any insurance company, or credit union. or pension fund, or real estate trust, or any other party which is engaged in the business of mortgage financing, which owns or holds a first or prior mortgage encumbering a Townhouse, and shall include any corporate subsidiary of such entity. Section 9. The term "Institutional First Mortgage" means a mortgage executed in favor of a bank, or a savings and loan association, or any insurance company, or credit union, or a pension fund, or a real estate trust, or any other party engaged in the business of mortgage financing, which is a first and prior mortgage encumbering a Townhouse. Section 10. "Limited Common Area" shall mean and refer to those parking spaces designated as the parking spaces for a particular Lot and shall exclude those parking spaces designated for guest parking. Section 11. "Lot" is a designated lot within the property or any property annexed thereto and becoming a part of the Property, conveyed or to be conveyed to an Owner upon which there has been constructed or may be constructed a Townhouse. Section 12. "Member" shall mean and refer to every person or entity who holds a membership in the Association. Section 13. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the. Property, including contract sellers, but excluding those having such interest as security for the performance of an obligation. Section 14. "Plat" shall mean and refer to Melear P. U. D. according to the Plat thereof recorded among the Public Records of Palm Beach County, Florida. Section 15. "Property" shall mean and refer the property described in Exhibit "A", and such additions thereto as may hereafter be brought within the juriSdiction of the Association and subject to the terms of the Declaration. Section 16. "Townhome" or "Townhouse" shall mean and refer to the single family dwelling construction upon a Lot. 2 ARTICLE III MEMBERSHIP Section 1. Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association, including contract sellers, shall be a Member of the Association. The foregoing 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 for each Lot owned. Membership shall be appurtenant 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. Section 2. Suspension of Membership. During any period in which a Member shall be in default in the payment of any annual or special assessment levied by the Association, the voting rights of such Member may be suspended by the Board of Directors until such assessment has been paid. Such rights of a Member may also be suspended, after notice and hearing, for a period not to exceed one hundred eighty (180) days for violation of any rules and regulations established by the Board of Directors governing the use of the Common Area and facilities. Section 3. Voting Rights. voting membership. There shall be two classes of Class A. Class A Members shall be all those Owners as defined in Article III of the Declaration with the exception of the Declarant. Class A Members shall be entitled to one vote for each Lot in which they hold the interest required for membership by Article III of the Declaration. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B Member shall be the Declarant Continental Homes of Florida, Inc. 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 III of the Declaration, provided that the Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs earlier: 3 (a) when ninety have been purchasers; percent (90%) of the Lots and Townhomes conveyed to third party outside or (b) on December 3~, 2003; or (c) Thirty (30) days after the Declarant Continental Homes of Florida, Inc. elects to terminate the Class B Membership. ARTICLE IV PROPERTY RIGHTS: RIGHTS OF ENJOYMENT Each Member shall be entitled to the use and enjoyment of the Common Area and facilities as provided in the Declaration. Any Member may delegate his rights of enjoyment of the Common Area and facilities to the members of his family, his tenants or contract purchasers, who reside on the property. Such Member shall notify the secretary in writing of the name of any such delegate. The rights and privileges of such delegate are subject to suspension to the same extent as those of the Member. ARTICLE V BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE Section 1. Number. managed by a Board of not (5) Directors. The affairs of this Association shall be less than three (3) and no more than five Section 2. Election. Directors shall be elected at the annual meeting of the Members. At such annual meeting not less than three (3) and no more than five (5) directors shall be elected and they shall serve until the next annual meeting of the Members or until their successors are chosen or until removed in accordance with the Articles of Incorporation or these By-Laws. Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the Members of the Association. In the event of death. resignations or removal of a director, his successor shall be - selected by the remaining Members of the Board and shall serve until the next annual meeting of the Members. Section 4. Compensation. No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties. 4 Section 5. Action Taken Without A Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all of the directors. Any actions so approved shall have the same effect as though taken at a meeting of the directors. ARTICLE VI MEETING OF DIRECTORS Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held monthly, without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Subiect to the terms and orovisions of the Declaration of Covenants. Restrictions and Easements of Borqata (the "Borqata Declaration") recorded amonq the Public Records of Palm Beach Countv, Florida reqular meetinqs of the Board may be held within the clubhouse facilitv in Borqata. However. said use is limited to not more than one Association meetinq (be it Directors meetinq or Members meetinq) a calendar month at said clubhouse facility. A conference room. meetinq area or other aoorooriate area will be used for said meetinq deoendinq on the anticioated number of oeoole attendina the meetina. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days notice to each director. Section 3. Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE VII NOMINATION AND ELECTION OF DIRECTORS Section 1. Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from- the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two or more Members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the Members, to serve until the close of such annual meeting. The Nominating 5 Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VIII POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. Powers. The Board of Directors shall have the power: (a) To adopt and publish, from time to time, rules and regulations governing the use of the Common Area, and to establish penalties for the infraction thereof; (b) To exercise for the Corporation all powers, duties and authority vested in or delegated to the Common Area, which are not reserved to the membership by other provisions of these By-Laws, the Articles, or the Declaration; (c) To declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors, except that the directors appointed by Declarant shall not be subject to this provision; and (d) To employ a manager, an independent contractor or such other employees as. they deem necessary, and to prescribe their duties. Section 2. Duties. Directors: It shall be the duty of the Board of (a) To cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members or at any special meeting, when such statement is requested in writing by one-fourth (1/4) of the Class A Members who are entitled to vote; (b) To supervise all officers, agents and employees of the Association and to see that their duties are properly 6 performed; (c) As more fully provided herein and in the Declaration: (1) To take into account the common expenses of the Association; and (2) To send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period; (d) To issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificate shall be conclusive evidence of any assessment therein stated have been paid; (e) To collect delinquent assessments and penalties and to create, record and foreclose the lien securing the said assessments and to hire attorneys, accountants and other professionals to do the same; (f) To procure and maintain adequate liability insurance, and to procure adequate hazard insurance on property owned by the Association; (g) To cause all officers responsibilities to be appropriate; or employees bonded, as having fiscal it may deem (h) To cause the Common Area to be maintained by an entity other than the Association; and (i) To cause the exterior of the dwellings, and the lawns, fences and walls to be maintained by the Owners (except as otherwise required by the Declaration or these By- Laws) . ARTICLE IX COMMI'ITEES Section 1. The Association shall appoint an Architectural Control Committee as provided in the Declaration and a Nominating Committee as provided in these By-Laws. In addition, the Board of Directors may appoint other committees as deemed appropriate in carrying out its purposes, such as: 7 (a) A Maintenance Committee which shall advise the Board of Directors on all matters pertaining to the maintenance, repair or improvement of the Property and shall perform such other functions as the Board, in its discretion, determines; (b) A Publicity Committee which shall inform the Members of all activities and functions of the Association and shall, after consulting with the Board of Directors, make such public releases and announcements as are in the best interest of the Association; and (c) An Audit Committee which shall supervise the annual audit of the Association's book and approve the annual budget and statement of income and expenditures to be presented to the membership at its regular annual meeting as provided in Article XI, Section 8 (d). The Treasurer shall be an EX OFFICIO member of the Committee. Section 2. It shall be the duty of each committee to receive complaints from Members on any matter involving Association functions, duties, activities within its field of responsibility. It shall dispose of such complaints as it deems appropriate or refer them to such other committee, director or officer of the Association as is further concerned with the matter presented. ARTICLE X MEETINGS OF MEMBERS Section 1. Annual Meetings. The first annual meeting of the Members shall be held on the first Tuesday in December, 2001, or on such other date as the Board of Directors may in its judgment deem desirable or expedient, and each subsequent regular annual meeting of the Members shall be held on the date fixed by the Board of Directors, and such meetings' shall commence at seven o'clock, P.M. The annual meeting of the Members shall not be held on a legal holiday. Section 2. Special Meetings. Special meetings of the Members may be called at any time by the President or by the Board of Directors, or upon written request of the Members who are entitled to vote twenty-five percent (25%) of all of the votes of the entire membership or who are entitled to vote fifty-one percent (51%) of the votes of the Class A membership. Section 3. Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the discretion of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least fifteen (15) days 8 before such meeting to each Member entitled to vote thereat, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and in the case of a special meeting, the purpose of the meeting. Subiect to the terms and orovisions of the the Borqata Declaration. meetinqs of the Members mav be held within the clubhouse facilitv in Borqata. However. said use is limited to not more than one Association meetinq (be it a Directors meetinq or a Members meetinq) a calendar month at said clubhouse facilitv. A conference room. meetinq area or other aoorooriate area will be used for said meetinq deoendinq on the anticioated number of oeople attendinq the meetinq. Section 4. Quorum. The presence at the meeting of Members entitled to cast, or of proxies entitled to cast, one-third (1/3) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. If however, such quorum shall not be present or represented at any meeting, the Members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting until a quorum as aforesaid shall be present or be represented. Section 5. Proxies. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Lot. ARTICLE XI OFFICERS AND THEIR DUTIES Section 1. Enumeration of Offices. The offices of this Corporation shall be a president and a vice-president, a secretary and a treasurer, who shall at all times be members of the Board of Directors, and such other officers as the Board may from time to time by resolution create. Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the Members. Section 3. Term. The officers of this Corporation shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or is otherwise disqualified to serve. 9 Section 4. Special Appointment. The Board may elect such other officers as the affairs of the Corporation may require, each of whom shall hold office for such period, have such authority, and performance of such duties as the Board may, from time to time, require. Section 5. Resignation and Removal. Any officers may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6. Vacancies. A vacancy in any office may be filled in the manner prescribed for regular election. The officer elected to such vacancy shall serve for the remainder of the term of the officer he replaces. Section 7. Multiple Officers. The offices of secretary and treasurer may be held by the same person. No persons shall simultaneously hold more than one of the other offices except in the case of special offices created pursuant to Section 4 of this Article. Section 8. Duties. follows: The duties of the officers are as PRESIDENT (a) The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all .leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes. VICE-PRESIDENT (b) The vice-president shall act in the place and stead of the president in the event of his absence, inability or refusal to act and shall exercise and discharge such other duties as may be required of him by the Board. SECRETARY (c) The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and all of the Members; keep 10 appropriate current records showing the Members of the Association together with their addresses, and shall perform such other duties as required by the Board. TREASURER (d) The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes; shall cause financial statements to be made of the Association's books of account at the completion of each fiscal year; shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the Members; and shall furnish .a corporate surety bond in a sum satisfactory to the Board for the faithful performance of the duties of his office and the restoration to the Association of all books, papers, vouchers, money or other property of whatever kind in his possession or under his control, belonging to the Association. The Association shall pay all premiums for said bond. ARTICLE XII ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments to be Paid to the Association. The Declarant, for each Lot owned by it within the Property, hereby covenants, and 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 (including any purchaser at a judicial sale), is deemed to covenant, which covenant shall run with the land and be binding on every Owner, and agrees to pay to the Association: (1) any regular assessments or charges; and (2) any special assessments for improvements, or to fund any deficits between the amount collected for regular assessments in accordance with the capital annual budget and the amount determined necessary by the Association for the proper management and maintenance of the Common Area, together with other costs and/or expenses levied or imposed against the Association or property of the Association; and (3) any regular assessments or charges to effect payment of property taxes which may be assessed against Common Area or any personal property which may in the future be owned by the Association. Such assessments shall be fixed, established and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon and costs of collection thereof, including attorney's fees, as hereinafter provided and any 11 applicable late fee imposed by the Board of Directors of the Association, shall be a charge on the Property and shall be a continuing lien upon any Lot against which each such assessment is made, and said lien may be enforced in the same manner in which mortgages are enforced. Each such assessment, together with such interest, costs (including applicable late fees), and reasonable attorneys' fees for its collection, including attorneys' fees involved at all appellate levels and whether or not suit is instituted, shall also be the personal obligation of the person or entity who was the Owner of the Lot at the time when the assessment becomes due. The personal obligation shall not pass to the successors in title unless expressly assumed by such successors. Section 2. Purpose of Assessments. The assessments to be levied by the Association shall be used exclusively for the purpose of prompting the recreation, health, safety, and welfare of the residents of the Property and shall specifically include, but not limited to: the maintenance and operation of the private roads serving the Property; maintenance of all lighting and parking facilities in the Common Areas; the payment of taxes and insurance for the Common Areas; payment for the improvement and maintenance of the Property, and services for facilities related to the use and enjoyment of the Common Area. Section 3. Basis of Annual Assessments. Until September 30, 2000 the monthly assessment shall be the amount as set forth in the initial budget of the Association for its initial year of operation. From and after October 1, 2000, the annual assessment shall be determined in accordance with the Articles of Incorporation and By-Laws of the Association taking into account current maintenance costs and future needs of the Association. The maintenance costs shall include and shall mean all operating costs of the Association, maintenance costs of the Common Area, payment of insurance premiums for the Common Area, payment of any personal property taxes on the Common Area, and obligations with respect to the Townhouses. The annual assessment shall also include a sum required to provide an adequate reserve fund for the maintenance, repair and replacement of the Common Areas and any improvements thereon, if any, or any personal property owned by the Association or obligations of the Association for the repainting of the exterior of the Townhouses, and for which payments are to be made in regular installments rather than by special assessment. Section 4. Special Assessment for Capital Improvements. In addition to the annual assessment authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, PROVIDED that any such assessments shall have the 12 assent to two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting. Section 5. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly, quarterly or semi-annual basis as determined by the Board of Directors. Payments of all assessments will be made directly to the Association or its designated management company and in no instance shall any mortgagees have the obligation to collect assessments. Section 6. Quorum for Any Action Authorized Under Section 4. At each meeting called, as provided in Section 4 hereof, the presence of the meeting of Members or of proxies entitled to cast one-third (1/3) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements set forth in Section 4 and the required quorum at any such subsequent meeting shall be one-half (~) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Conunencement of Annual Assessments and Due Dates. The annual assessments provided for herein shall conunence as to all Lots on the first day of the month following the conveyance of the first Lot to an Owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors of the Association shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due date shall be established by the Board of Directors. The Board of Directors. if necessary to insure cash flow, may institute reasonable late payment fees for monthly payment of the annual assessment. The Association shall upon demand at any time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within five (5) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eighteen (18%) percent per annum and the Association, acting through its Board of Directors, may bring an action at law against the Owner personally obligated to 13 pay the same, or foreclose the lien against the Lot to which the assessment is levied, and interest, costs and reasonable attorneys' fees, including at all appellate levels and whether or not suit is instituted, in collection or enforcement shall be added to the amount of such assessment. Additionally, the Board of Directors of the Association may at its discretion impose the maximum late fee allowed under Florida Statutes for each month that assessments are delinquent, and notify any mortgagees or lenders of Owner, any co- borrowers and/or guarantor(s) without recourse to Declarant and/or the Association. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his or her Lot. Section 9. Special Assessment Against a particular Owner of Lot. In the event an Owner of any Lot in the Property shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors, the Association, after approval by two-thirds (2/3) of the Board of Directors, shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain, and restore the Lot, and the exterior of the buildings and any other improvements erected thereon. The costs of such exterior maintenance to which such Lot is subj ect; and said assessment shall be enforced in the same manner as provided for in Section 8. Section 10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be superior to all other liens save and except tax liens and the liens of any bona fide Institutional First Mortgage to an Institutional First Mortgagee, provided, however, that said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens, and secure indebtednesses payable in constant monthly or quarter annual payments over a period of not less than ten (10) years. Section 11. Exempt Property. The following Property subject to the Declaration, the Articles and these By-Laws shall be exempt from the assessments created herein: (a) any portion of the Property dedicated to and accepted by a local public authority; (b) the Common Area; (c) any portion of the Property which is designated and/or reserved for easements; and (d) any portion of the Property owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Florida. However, no land or improvements devoted to dwelling use shall be exempt from said assessments. 14 ARTICLE XIII CORPORATE SEAL The Association shall have a seal in circular form having within its circumference the words: San Savino Townhomes Homeowners' Association, Inc. - Non-Profit. ARTICLE XIV DISSOLUTION The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of each class of members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes. ARTICLE XV AMENDMENTS Section 1. These By-Laws may be amended, at a duly called regular or special meeting of the Members, by a vote of fifty-one percent (51%) of all Members, except that, if at the time an amendment is proposed there are any mortgages encumbering any.Lot insured by the Federal Housing Administration, guaranteed by the Veterans Administration, or held by the Federal National Mortgage Association then the Federal' Housing Administration, the Veterans Administration or the Federal National Mortgage Association shall have the right to veto amendments while there is Class B membership, otherwise said right of veto will not exist. Section 2. In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By- Laws, the Declaration shall control. b, \ 1 ibn.ry\ cont ioen \9') 6:2 S 8 \cloewnen t \by la....ean . wpd. 15 This :Instrument Prepared By: Juan E. Rodriguez, Esquire SALOMON, KANNER, DAMIAN & RODRIGUEZ, P.A. 2550 Brickell Bay View Centre 80 S.W. 8th Street Miami, Florida 33130 SAN SAVINO TOWNHOMES DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS THIS DECLARATION, Made on the date hereinafter set forth by CONTINENTAL HOMES OF FLORIDA, INC., a Florida corporation, whose mailing address is 8000 Governors Square Boulevard, Suite 101, Miami Lakes, Florida 33016, hereinafter referred to as "Declarant". WITNESSETH: WHEREAS, Declarant is the owner in fee simple of the property described in Exhibit "A" located in Palm Beach County, Florida; and WHEREAS, Declarant will convey Lots, as the term is hereinafter defined, in the said property, subject to certain covenants, conditions, restrictions, reservations, liens and charges as hereinafter set forth; NOW THEREFORE, Declarant hereby declares that all of the above described property is hereby made subject to the following easements, restrictions, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the real property. These easements, covenants, restrictions, and conditions shall run with the real property and shall be binding on all parties having or acquiring any rights, title 'or interest in the described property or any part thereof, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Articles of Incorporation" shall mean and refer to the Articles of Incorporation of San Savino Townhomes Homeowners I Association, Inc., all exhibits which are attached thereto and made a part thereof, and shall include such amendments, if any, as may be adopted from time to time pursuant to the terms thereof. Section 2. "Association" shall mean and refer to San Savino Townhomes Homeowners I Association, Inc., a non-profit Florida corporation, its successors and assigns. Section 3. "By-Laws" shall mean and refer to the By-Laws of San Savino Townhomes Homeowners' Association, Inc., all exhibits which are attached thereto and made a part thereof, and shall include such amendments, if any, as may be adopted from time to time pursuant to the terms thereof. Section 4. "Conunon Area" shall mean all real property owned by the Association for the conunon use and enjoyment of the members of the Association and all improvements constructed thereon, and includes the Limited Conunon Area as hereinafter defined and specifically excludes the Lots as such term is hereinafter defined. The Conunon Area is more particularly described in Exhibit "A-1" attached hereto and made a part hereof. Section 5. "Declarant" shall mean and refer to Continental Homes of Florida, Inc., a Florida corporation, its successors and assigns, if such successors or assigns should acquire more than one undeveloped lot from the Declarant for the purpose of development. Section 6. "Declaration" shall mean and refer to this instrument, together with those exhibits which are attached hereto and made a part hereof and shall include such amendments, if any, as may be adopted from time to time pursuant to the terms hereof. The within Declaration may be referred to in any other document as San Savino Townhomes Declaration of Covenants, Conditions and Restrictions. Section 7. "Development Period" shall mean the period of time until the Declarant has sold the last Lot within the Property or any property annexed to the Property and becoming a part of the Property as provided herein to an outside purchaser. Section 8(a). The term "Institutional First Mortgagee" means a bank, or savings and loan association, or any insurance company, or credit union, or pension fund, or real estate trust, or any other party which is engaged in the business of mortgage financing, which owns or holds a first and prior mortgage encumbering a Townhouse, and shall include any corporate subsidiary of such entity. (b). The term "Institutional First Mortgage" means a mortgage executed in favor of a bank, or a savings and loan association, or any insurance company, or credit union, or a pension fund, or a real estate trust, or any other party engaged in the business of mortgage financing, which is a first and prior mortgage encumbering a Townhouse. Section 9. "Limited COllUUon Area" shall mean and refer to those parking spaces designated as the parking spaces for a particular Lot and shall exclude those parking spaces designated for guest parking. Section 10. "Lot" is a designated lot within the Property or any property annexed thereto and becoming a part of the Property, conveyed or to be conveyed to an Owner upon which there has been constructed or may be constructed a Townhouse. Section 11. "Property" shall mean and refer to the property described in Exhibit "A", and such additions thereto as may hereafter be brought within the jurisdiction of the Association and subject to the terms of this Declaration. Section 12. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 13. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of any obligations. Section 14. "Plat" is Melear P.U.D. according to the Plat thereof recorded among the Public Records of Palm Beach County, Florida. Section 15. "Rules" are collectively the rules and regulations which the Board of Directors of the Association may promulgate or impose and thereafter modify, alter, amend, rescind and augment any of the same with respect to the use, operation, and enjoyment of the Property," though excluding the Common Area, and any improvements located thereon. Section 16. "Townhome" or "Townhouse" shall mean and refer to the single family dwelling constructed upon a Lot. 2 ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION The Property shall be held, transferred, sold, conveyed and occupied subject to the terms and conditions of this Declaration, and any lawful amendments hereto. The filing of this Declaration and the subjecting of the Property to the conditions and easements contained herein shall not be construed in any way and shall never inhibit or prohibit the Declarant from conveying the Lots or improvements within the Property to third parties free and clear of any conditions, restrictions or easements except for those specifically provided for in this Declaration. Lots so conveyed by the Declarant to third parties shall be used and held in fee simple title by said third parties in accordance with this Declaration. ARTICLE III MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association, including contract sellers, shall be a Member of the Association. The foregoing 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 appurtenant 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 IV VOTING RIGHTS The Association shall have two classes of voting membership: Class A. Class A Members shall be all those Owners as defined in Article III with the exception of the Declarant. Class A Members shall be entitled to one vote for each Lot in which they hold the interest required for membership by Article III. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B Member shall be the Declarant, its successors and assigns. 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 III, PROVIDED, that the Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when ninety (90%) percent of the Lots have been conveyed to outside third-party purchasers; or (b) on December 31, 2003; or (c) Thirty (30) days after Declarant elects to terminate the Class B membership. 3 ARTICLE V PROPERTY RIGHTS Section 1. Members Easements of Enj oyment. Every Member shall have a right and easement of enjoyment in and to the COllUUon Area and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The right of the Association, in accordance with its Articles of Incorporation and By-Laws, to borrow money for the purpose of improving the COllUUon Area, and in aid thereof to mortgage said COllUUon Area and the rights of such mortgagee in said COllUUon Area shall be subordinate to the rights of the Owners hereunder; the right to mortgage the COllUUon Area provided herein shall not become effective until a Townhouse has been constructed upon each Lot within the Property and each Lot has been conveyed from the Declarant to a purchaser. No such rights to mortgage shall be effective unless an instrument shall be signed by two-thirds (2/3) of the Members other than the Declarant. (b) The right of the Association to dedicate or transfer all or any part of the COllUUon Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes of the Class A membership and two- thirds (2/3) of the votes of the Class B membership, if any, has been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member no less then 30 days nor more than 60 days in advance of the duly called meeting at which the vote on such dedication or transfer is held, provided however that such dedication or transfer shall be subject to easement of ingress and egress in favor of the Owners. (c) The right of the individual Members and/or Owners to use certain parking spaces located in the COllUUon Area as provided for in Section 3, herein; (d) The right of the individual Members and/or Owners to use the mailbox located in the COllUUon Area and designated by the Association or the Declarant for use by each Townhouse, as provided in Section 7 herein; (e) The right of the Declarant or the Association to establish, from time to time, certain easements over the COllUUon Area for utilities broadband cOllUUunications, cable television and other COllUUon services purposes; (f) The right of the Association to charge reasonable fees for the use of designated facilities (if any) on the COllUUon Area; (g) The right to the use and enjoyment of the COllUUon Area and facilities thereon shall extend to all Members and their family, tenants, contract purchasers and invited guests, provided there is delegation of the right of enjoyment in accordance with the By-Laws and subject to regulation from time to time by the Association in its Rules; (h) Existing easements and agreements of record; (i) Easements referred to in Article X hereof; 4 (j) Access to certain COllUUon Area within the Property may not be obtained from an Owner's or Member's Lot or other COllUUon Area or publicly dedicated streets or properties. Thus, to obtain access to certain COllUUon Area for which access can not be obtained from the Owner's or Member's Lot, other COllUUon Area or publicly dedicated streets or properties, the Owner or Member shall need to obtain the permission of a Lot Owner whose Lot is contiguous to said COllUUon Area. The fact that a Member or Owner shall not have access to certain COllUUon Area from his or her Lot, COllUUon Area or publicly dedicated streets or properties does not allow an Owner to escape liability for assessments provided for in Article VI of this Declaration; and (k) The other provisions of this Declaration, the Articles and By-Laws. Section 2. Title to the COllUUon Area. The Declarant hereby covenants for itself, its successors and assigns, that it will convey fee simple title to the COIlUUOn Area to the Association, free and clear of all encumbrances and liens prior to the conveyance of the first Lot to a third party. Section 3. Parking Rights. The ownership of any Lot shall entitle the Owner, or Owners, thereof to the exclusive use of two parking spaces designated as the parking spaces for the Townhouse on a particular Lot. This limitation is absolute, and notwithstanding any other provisions contained herein, may never be removed from or abrogated by the Owner, from time to time, of the individual Lot. Additionally, there shall be other parking spaces within the COllUUon Area which shall be designated for guests and not deemed Limited COllUUon Areas, and which shall be for the general use of all Owners, their tenants, and/or guests, subject to the provisions and restrictions contained herein. Section 4. Declarant's.Reserved Rights. Notwithstanding any provision herein to the contrary the property rights under this Article V shall be subject to: (a) The right of the Declarant to execute all documents and take such actions and do such acts affecting the Property which, in the Declarant's sole discretion, are desirable or necessary to facilitate the Declarant's actual construction of development of the Property. However, nothing contained herein shall authorize the Declarant to take any action that would diminish the rights of any lienholder or the holder of any mortgage on any Lot or on the COllUUon Area, take any action that will affect title to any of the Lots after conveyance to third parties, or unilaterally change the Declaration, Articles or By-Laws after the Class B Membership has terminated; (b) Easements of record on the date hereof and any easements which may hereafter be granted by Declarant to any public or private utilities or governmental bodies for the installation and maintenance of cable television, electrical and telephone conduits and lines, sewers or water pipes, or any other utilities or services to any Lots within the Property or any portion of the COllUUon Area; (c) The Declarant shall have full rights of ingress and egress to and through, over and about the COllUUon Area during such time as the Declarant is engaged in any construction or improvement work on or within the Property; and shall further have an easement thereon for the purpose of the storage of materials, vehicles, tools, equipment, etc., which are being utilized in such development or construction; 5 (d) The Declarant shall have full rights of ingress and egress to and through the COllUUon Area during such time as the Declarant is engaged in any construction or improvement work on or within any property contained within the Plat, including the adjoining development known as San Savino Estates, which property is contained within the Plat; and shall further have an easement thereon for the purpose of the storage of materials, vehicles, tools, equipment, etc., which are being utilized in such development or construction; and (e) The Declarant shall have full right to assign all of its right, title and interest in the Property both as Declarant and as a member of the Association to another party by the execution and recording of a proper instrument in the Public Records of Palm Beach County, Florida. This provision shall not, however, be construed to allow Declarant to assign a membership in the Association in a transaction separate from ownership of a Lot. Section 5. No Dedication to Public Use. Nothing contained in the within Declaration shall be construed or be deemed to constitute a dedication, express or implied, of any part of the COllUUon Area to or for any public use or purpose whatsoever. Section 6. Incorporation of Easements by Reference. Reference in the respective deeds of conveyance, or any mortgage or trust deeds or other evidence of obligation, to the easements and covenants herein described shall be sufficient to create and reserve such easements and covenants to the respective grantees, mortgagees or trustees of said parcels as fully and completely as though said easements and covenants were fully recited and set forth in their entirety in such documents. Section 7. Mailbox on COllUUon Areas. There will be located on portions of the COllUUon Areas, to be designated by Declarant in accordance with United States Postal Service requirements, mailboxes to serve certain Lots which shall be designated by the Declarant or the Association. ARTICLE VI COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments to be Paid to the Association. The Declarant, for each Lot owned by it within the Property, hereby covenants, and 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 (including any purchaser at a judicial sale), is deemed to covenant, which covenant shall run with the land and be binding on every Owner, and agrees to pay to the Association: (1) any regular assessments or charges; and (2) any special assessments for improvements, or to fund any deficits between the amount collected for regular assessments in accordance with the capital annual budget and the amount determined necessary by the Association for the proper management and maintenance of the COllUUon Area, together with other costs and/or expenses levied or imposed against the Association or property of the Association; and (3) any regular assessments or charges to effect payment of property taxes which may be assessed against COllUUon Area or any personal property which may in the future be owned by the Association. Such assessments shall be fixed, established and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon and costs of collection thereof, including attorney's fees, as hereinafter provided and any applicable late fee imposed by the Board of Directors of the 6 Association, shall be a charge on the Property and shall be a continuing lien upon any Lot against which each such assessment is made, and said lien may be enforced in the same manner in which mortgages are enforced. Each such assessment, together with such interest, costs (including applicable late fees), and reasonable attorneys' fees for its collection, including attorneys' fees involved at all appellate levels and whether or not suit is instituted, shall also be the personal obligation of the person or entity who was the Owner of the Lot at the time when the assessment becomes due. The personal obligation shall not pass to the successors in title unless expressly assumed by such successors. Section 2. Purpose of Assessments. The assessments to be levied by the Association shall be used exclusively for the purpose of prompting the recreation, health, safety, and welfare of the residents of the Property and shall specifically include, but not limited to: the maintenance and operation of the private roads serving the Property; maintenance of all lighting and parking facilities in the COllUUon Areas; the payment of taxes and insurance for the COllUUon Areas; payment for the improvement and maintenance of the Property, and services for facilities related to the use and enjoyment of the COllUUon Area. Section 3. Basis of Annual Assessments. Until December 31, 2000 the monthly assessment shall be the amount as set forth in the initial budget of the Association for its initial year of operation. From and after January 1, 2001, the annual assessment shall be determined in accordance with the Articles of Incorporation and By-Laws of the Association taking into account current maintenance costs and future needs of the Association. The maintenance costs shall include and shall mean all operating costs of the Association, maintenance costs of the COllUUon Area, payment of insurance premiums for the COllUUon Area, payment of any personal property taxes on the COllUUon Area, and obligations with respect to the Townhouses. The annual assessment shall also include a sum required to provide an adequate reserve fund for the maintenance, repair and replacement of tne COllUUon Areas and any improvements thereon, if any, or any personal property owned by the Association or obligations of the Association for the repainting of the exterior of the Townhouses, and for which payments are to be made in regular installments rather than by special assessment. Section 4. Special Assessment for Capital Improvements. In addition to the annual assessment authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, PROVIDED that any such assessments shall have the assent to two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting. Section 5. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly, quarterly or semi-annual basis as determined by the Board of Directors. Payments of all assessments will be made directly to the Association or its designated management company and in no instance shall any mortgagees have the obligation to collect assessments. Section 6. Quorum for Any Action Authorized Under Section 4. At each meeting called, as provided in Section 4 hereof, the presence of the meeting of Members or of proxies entitled to cast one-third (1/3) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at 7 any meeting, another meeting may be called, subject to the notice requirements set forth in Section 4 and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Conunencement of Annual Assessments. Due Dates. The annual assessments provided for herein shall conunence as to all Lots on the first day of the month following the conveyance of the first Lot to an Owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors of the Association shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due date shall be established by the Board of Directors. The Board of Directors, if necessary to insure cash flow, may institute reasonable late payment fees for monthly payment of the annual assessment. The Association shall upon demand at any time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within five (5) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eighteen (18%) percent per annum and the Association, acting through its Board of Directors, may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot to which the assessment is levied, and interest, costs and reasonable attorneys' fees, including at all appellate levels and whether or not suit is instituted, in collection or enforcement shall be added to the amount of such assessment. Additionally, the Board of Directors of the Association may at its discretion impose the maximum late fee allowed under Florida Statutes for each month that assessments are delinquent, and notify any mortgagees or lenders of Owner, any co- borrowers and/or guarantor(s) without recourse to Declarant and/or the Association. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his or her Lot. Section 9. Special Assessment Against a particular Owner of Lot. In the event an Owner of any Lot in the Property shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors, the Association, after approval by two-thirds (2/3) of the Board of Directors, shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain, and restore the Lot, and the exterior of the buildings and any other improvements erected thereon. The costs of such exterior maintenance to which such Lot is subj ect; and said assessment shall be enforced in the same manner as provided for in Section 8. Section 10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be superior to all other liens save and except tax liens and the liens of any bona fide Institutional First Mortgage to an Institutional First Mortgagee,provided, however, that said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens, and secure indebtednesses payable in constant monthly or quarter annual payments over a period of not less than ten (10) years. Section 11. Exempt Property. The following Property subject to this Declaration shall be exempt from the assessments created 8 herein: (a) any portion of the Property dedicated to and accepted by a local public authority; (b) the Conunon Area; (c) any portion of the Property which is designated and/or reserved for easements; and (d) any portion of the Property owned by a charitable or non- profit organization exempt from taxation by the laws of the State of Florida. However, no land or improvements devoted to dwelling use shall be exempt from said assessments. ARTICLE VII CAPITAL CONTRIBUTION At the time of the closing of a Townhouse pursuant to an original sale by the Declarant, each purchaser shall pay to the Declarant on behalf of the Association a sum equal to the aggregate of One Hundred and NO/100 ($100.00) Dollars as the amount of working capital contribution. These monies (hereinafter called "Capital Contribution" shall be the Association's property, and shall be held by the Association through its Board of Directors, pursuant to the powers described in the Articles and By-Laws. The Capital Contribution shall be deemed ordinary association income and need not be separated from or held or applied differently than assessments. No refund of a Capital Contribution will be made on re-sale. ARTICLE VIII ARCHITECTURAL CONTROL Section 1. Review of Proposed Construction. Subj ect to Section' 2 below;. no improvement or alteration of any kind, including, but not limited to, a fence, wall or other addition, structure, or equipment (including landscaping, antennas, awnings, and shutters) shall be installed, painted, erected, removed or maintained within the Property, until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to, and approved in writing by, a majority of the Board of Directors of the Association. The Board of Directors of the Association shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of the surrounding area of the Property and that the appearance of any improvement or other structure affected thereby will be in harmony with surrounding structures and improvements (or the surrounding area contemplated by Declarant, if within the Development Period) and it otherwise desirable. The Board of Directors of the Association may condition its approval of proposals and plans and specifications as it deems appropriate, and may require submission of additional plans and specifications or other information prior to approving or disapproving material submitted. The Board of Directors of the Association may also issue rules or guidelines setting forth procedures for the submission of plans for approval. The Board of Directors of the Association may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, site plans, drainage plans, elevation drawings and descriptions or samples of exterior materials and colors. Until receipt by the Board of Directors of the Association of any required plans and specifications, the Board of Directors of the Association may postpone review of any plans submitted for approval. The Board of Directors of the Association shall have thirty (30) days after delivery of all required materials to approve or reject any such plans, and if not rejected within such 30-day period, said plans shall be deemed approved. All changes and alterations shall be subject independently to all applicable 9 governmental laws, statutes, ordinances, rules, regulations, orders and decrees. Any alteration or modification to the location and/or placement of exterior walls of any Townhouse shall be further conditioned on compliance with Metropolitan Palm Beach County ordinances and the obtaining of applicable governmental approvals, if any. Section 2. No Waiver of Future Approvals. The approval of the Board of Directors of the Association of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Board of Directors of the Association, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matters whether subsequently or additionally submitted for approval or consent. Section 3. Liability of the Board of Directors of the Association. No member of the Board of Directors of the Association (or Declarant) shall be liable to any Owner or other person by reason of mistake in judgment, failure to point out deficiencies in plans, or any other act or omission in connection with the approval of any plans. Any Owner submitting plans hereunder by the submitting of same, agrees (i) not to seek any damages or make any claim arising out of approval of plans hereunder, and (ii) to indemnify and hold the Board of Directors of the Association, the Association and Declarant harmless from any cost, claim, damage, expense or liability whatsoever, including attorneys' fees and costs at all tribunal and appellate levels (and whether or not suit is instituted), arising out of the approval of any plans regardless of the negligence of the conunittee members, their representatives, or appointing entity. Section 4. Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: (a) Upon the completion of any work for which approved plans are required hereunder the applicant for such approval ("Applicant") shall give written notice of completion to the Board of Directors of the Association. (b) Within thirty (30) days thereafter, the Board of Directors of the Association (or its duly authorized representative) may inspect such completed work. If the Board of Directors of the Association finds that such work was not effected in substantial compliance with the approved plans, it shall notify the Applicant in writing of such noncompliance within such thirty (30) day period, specifying the particulars of noncompliance, and shall require the Applicant to remedy the same. (c) If a noncompliance exists, Applicant shall remedy or remove the same within a period of not more than forty-five (45) days from the date of announcement of the Board ruling. If Applicant does not comply with the Board of Directors of the Association ruling within such period, the Board, at its option, may either remove the noncomplying improvement or remedy the noncompliance (an easement therefor being hereby created), and Applicant shall reimburse the Association, upon demand, for all expenses incurred in connection therewith. This amount, together with interest thereon at the rate of eighteen (18%) percent per annum from the date the noncompliance was to have been remedied or removed, the maximum late fee allowed under Florida Statutes for each month that a violation exists if payment is not made within thirty (30) days after announcement, and all costs and reasonable attorneys' fees incurred by the Association in collection, enforcement or abatement, as appropriate (including attorneys' fees incurred at all appellate levels and whether or not suit is instituted) shall be a personal obligation of Owner and shall not pass to the successors in title of Owner unless expressly assumed 10 by such successors. Such amount (including interest, costs, late fees and attorneys' fees as provided above) shall also be a continuing lien and run with the land on the Owner's Property if not paid within thirty (30) days after announcement and may be enforced in the same manner in which mortgages are enforced by foreclosure, or by bringing an action at law or equity against the Owner. (d) If for any reason the Board of Association fails to notify the Applicant of within forty-five (45) days after receipt of completion from the Applicant, the improvement have been made in accordance with the approved Directors of the any noncompliance written notice of shall be deemed to plans. Section 5. Variances. The Board of Directors of the Association may authorize variances from compliance with any of the architectural provisions of this Declaration when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variance must be evidenced in writing and must be signed by at least two (2) members of the Board of Directors of the Association. If such variances are granted, no violation of the covenants, conditions and restrictions contained in this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular property and particular provisions hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting his use of the Lot and Townhome, including, but not limited to, zoning ordinances and lot setback lines or requirements imposed by any governmental or municipal authority. Section 6. Declarant's Exemption. Notwithstanding anything to the contrary, this Article does not apply to the Declarant. ARTICLE IX USE RESTRICTIONS Section 1. No Lot shall be used except for residential purposes. No building shall be erected altered, placed or permitted to remain on any Lot other than a Townhouse. Section 2. No structure of a temporary character, trailer, basement, tent, shack, barn, shed or other out-building shall be used on any Lot at any time as a residence of appendage to such residence, either temporary or permanent. Section 3. 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 within the Plat, or any matter which affects the health, safety or welfare of the owners or occupants of the Property, in the Association's reasonable discretion. Section 4. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that up to two (2) household pets in total (and not of each type) consisting of dogs, cats or other household pets may be kept provided they are not kept, bred or maintained for any conunercial purpose. Section 5. No sign of any kind shall be displayed to the public view on any Lot, except one sign of not more than 18" X 24" advertising that property for sale or rent, or signs used by the Declarant to advertise the Property during the construction and sale of Townhouses. 11 Section 6. Rubbish. No Lot shall be used or maintained as a dumping ground for rubbish. All trash and garbage shall be regularly removed from each Lot and shall not be allowed to accumulate thereon. Trash, garbage or other waste shall be kept in a sanitary, covered containers. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. In no event shall such equipment and/or containers be visible from the Conunon Area streets, from neighboring Property or within property contained in the Plat, except for a reasonable time inunediately prior to and after scheduled trash collection, and in all events in compliance with Metropolitan Palm Beach County Code. Section 7. No garments, rugs or any other materials may by hung, exposed or dusted from the windows or from the front facade of any Townhouse. Further, no outside clotheslines or other facilities for drying or airing clothes shall be erected in the front yard or back yard of any Townhome. Section 8. Parking. There shall be no parking on any portion of any sidewalk within the Property. There shall not be parked upon any of the parking spaces set aside for general use within the Conunon Area, if any, any trailer, conunercial vehicle, recreational vehicle, boat or boat trailer. This restriction shall not be deemed to limit the use of such parking areas, if any, for service vehicles whose purpose is to perform maintenance and delivery service to the Lot Owners or the Association during normal working hours or for work performed for the Declarant or the Association which are necessary in the development, maintenance or management of the Association. The term "conunercial vehicle" includes trucks and vehicular equipment or other vehicles which shall be used or which are ordinarily intended to be used for conunercial purposes and shall be further defined, but not limited to, any motor vehicle bearing conunercial lettering, logo, conunercially identifiable coloring, or any vehicle, motorized or otherwise, clearly designed for a purpose other than the transportation of persons, including, but not limited to, pick-up trucks, modified automobiles or trucks or conversion flatbed automobiles which clearly contain materials regularly used in trade or business. Such materials may include, but are not limited to, ladders, scaffolding, mechanical or trade tools, supplies or any other such materials which would represent conunercial activity. Section 9. No septic tanks or individual wells will be permitted on any Lot. Section 10. No garage may be improved for purposes of making same a living area, nor shall garage doors be removed except for replacement (in which case the Owner must obtain approval of any replacement door from the Board of Directors of the Association) . Section 11. Window Coverings. No external window covering, reflective or other covering may be placed or permitted to remain on any window of any building (either interior or exterior) without the prior written approval of the Board of Directors of the Association. Section 12. Flags/Banners. No flags or banners other than one (1) American Flag subject to approval (as to size and location) from the Board of Directors of the Association. Any permanent installed flag pole is also subject to approval (as to size, type and location) by the Board of Directors of the Association. The foregoing two (2) sentences shall not apply to the Declarant. 12 ARTICLE X EASEMENTS Section 1. Ingress and Egress and Utility Easements. Easements for ingress and egress and for the installation and maintenance of all utilities and drainage facilities are reserved. The right is also reserved to the Declarant and the Association to create additional utility easements by separate instrument as may be required from time to time. Section 2. Encroachment Easements. Notwithstanding any other provisions contained in this Declaration, in the event that any Townhouse, as constructed by the Declarant on a Lot, encroaches upon any portion of the Conunon Area or adj oining Lot, then a perpetual easement appurtenant to such Lot shall exist for the continuance of any such encroachment on the Conunon Area or adjoining Lot. In the event any fence, roof, overhanging roof, or portion of the Townhouse, as constructed upon any Lot by Declarant, encroaches or overlaps upon any other Lot or the Conunon Area, then, in such event, a perpetual easement appurtenant to the Lot upon which the fence, roof, overhanging roof, or Townhouse is constructed shall exist for the continuation of any such encroachment or overlapping upon the adjoining Lots and Common Area. ARTICLE XI PROVISIONS RESPECTING TOWNHOUSES Section 1. Wherever one Townhouse is separated from another by a common wall or party-wall, the obligations of the Owners of each of the Townhouses with respect to the party-wall shall be governed by this Section. . The party-wall shall be the joint obligation of each of the Owners of the adjoining Townhouses. Each Owner shall be responsible for the repair and maintenance of the surface portion of the party-wall which is contained within his Townhouse. Any repairs, maintenance and the like, including repairs or maintenance to the paint, plaster or wall-board of the surface portion of the party-wall which is contained within his Townhouse shall be the obligation of that Owner. The Owners shall be jointly responsible for the structure of the party-wall, i.e. repair or maintenance of concrete block or mortar. Each of the Townhouse Owners shall be responsible for keeping in force insurance respecting such party-wall. In the event of damage or destruction to the party-wall, it shall be repaired as the common expense of each of the Owners thereof, said expense being divided equally. There shall be no subrogation or contribution between such Townhouse Owners for the negligence or negligent acts of the Townhouse Owners where such damage is fully covered by insurance and to the extent of such insurance coverage. To the extent that it is not covered by insurance, the negligent party shall bear the cost. This Agreement shall be deemed the Party-Wall Agreement among and between each of the Owners of the Townhouses, their successors and assigns. Section 2. In order to maintain a uniform appearance and to maintain the high standards of maintenance within the conununity, it shall be the duty and obligation of the Association to undertake periodic exterior painting of all of the Townhouses. The Association shall have the sole discretion to determine the time at which such painting shall take place, the manner and color to be used. Re-painting of any individual Townhouse, which is necessitated by deterioration of existing paint, shall also be the responsibility of the Association. However, the Association shall be entitled to reimbursement from the Owner of the Townhouse where the painting is required as a result of the deliberate or repeated 13 acts of the Owner. Section 3. It shall be the duty of the Association to maintain and cut the grass located on the Townhouse Owner's property, the cost of such grass maintenance on the Townhouse Owner's property being assumed by the Association for the benefit of the entire Property as if same were Conunon Area, and such costs being considered with the budget as part of grounds' maintenance. The Owner shall not plant any trees or shrubbery on his Lot without first obtaining the prior written consent of the Association. The Association is hereby granted an easement over and across the Owner's Lot for the purpose of maintaining and cutting the grass, and the Owner shall not place any obstruction, fence, wall, tree or shrubbery on such ground without the consent of the Association, the said consent being conditioned on the Association having free access to the property for the purpose of maintaining and cutting the grass. Section 4. Each Townhouse has a screen enclosure. Each Lot Owner shall be responsible for maintaining and repairing the screen enclosure in a clean, sanitary, neat, safe and orderly condition. If any Lot Owner breaches these covenants, the Association may enforce these covenants in accordance with the provisions of this Declaration. Section 5. It shall be the duty of the Association to undertake periodic repair of the surface of each drivestrip, in order to maintain a uniform appearance and to maintain the high standards of maintenance within the conununity. The Association shall have the sole discretion to determine the time at which said maintenance shall take place and the manner of its completion. The Association shall be entitled to reimbursement from the individual Owner where the maintenance is required as a result of the deliberate or repeated negligent acts of the Owner. Section 6. Repair and maintenance of townhouse roofs shall be the obligation of the Owners. In the event that roof repairs are necessary where there is a conunonality of roof line and necessity for repairing sections of roof that may overlap more than one townhouse, then responsibility and repair and maintenance shall be divided equally between the owners of the properties as is described in the party-wall agreement in Section 1 above. ARTICLE XII PROVISIONS RELATING TO FIRST MORTGAGEES Section 1. The following actions will require the prior written approval of two-thirds (2/3) of the holders of record of Institutional First Mortgages on Lots within the Property, (based upon one vote for each Institutional First Mortgage owned): the abandonment, partition, subdivision, encumbrance, sale or transfer of the Conunon Areas by the Association, other than the granting of easements for public utilities or for other public purposes consistent with the intended use of such Conunon Areas; the material change in the method of determining the assessment or other charges that may be levied against an Owner; the waiver or abandonment of any scheme of regulation or the enforcement thereof, pertaining to the architectural design or control of the exterior appearance of the Townhouses constructed upon the Property, or pertaining to the maintenance of the Conunon Areas and any fences, driveways or lawns located thereon; the failure of the Association to maintain fire and extended coverage on the Conunon Areas and any insurable improvements thereon in an amount that shall not be less than one hundred percent (100%) of the insurable value, based on the current replacement costs; the use of the insurance proceeds paid to the Association for any loss to the Conunon Areas, or the improvements thereon, for any purpose other than the repair, replacement or 14 reconstruction of such Common Areas and the improvements thereon; the amendment of the Declaration in any manner which materially affects or impairs the rights of an Institutional First Mortgagee; the conveyance, encumbrance or hypothecation in any manner of the COllUUon Areas. Section 2. The holder of record of an Institutional First Mortgage on any Lot in the Property may, singly or jointly with other Institutional First Mortgagees: pay the taxes or other charges which are in default, and who mayor have become a charge against the Common Areas; pay overdue premiums on hazard insurance policies for the Common Areas; or secure new hazard insurance coverage for the Common Areas after lapse of the existing coverage. In the event any Institutional First Mortgagee makes any of the aforementioned payments, such Institutional First Mortgagee shall be entitled to illUUediate reimbursement from the Association for the payment advance, and such Mortgagee shall be subrogated to the assessment and lien rights of the Association against the Owners for the repayment of such advance, and the expense of making such reimbursement to the Institutional First Mortgagee shall be deemed a cOllUUon expense of the Association. Section 3. No provision of this Declaration shall be interpreted to give an Owner, or any other party, priority over the rights of any Institutional First Mortgagee pursuant to the terms of its Mortgage on any Lot on the Property in the event of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the COllUUon Areas. Section 4. Any Institutional First Mortgagee of a Lot on the Property who obtains title to a Lot pursuant to the remedies provided in said Mortgagee's Institutional First Mortgage on that Lot, or obtains title by deed in lieu of foreclosure, shall not be liable for any unpaid assessment or charges accrued against said Lot prior to the acquisition of title to said Lot by such Mortgagee. Section 5. The Institutional First Mortgagee of any Lot on the Property is entitled, upon request, to written notification from the Association of any default in the performance by the Institutional First Mortgage, of any of such Owner's obligations pursuant to the terms of this Declaration, which default is not cured after sixty (60) days notice to such Owner. Section 6. Any Institutional First Mortgagee who succeeds the Declarant in title to any portion of the Property, or acquires title to any portion of the Property by way of foreclosure, deed in lieu of foreclosure, or otherwise, shall be entitled to any exemption from the terms or restriction of the Declaration to the same extent that Declarant would be exempt from such terms or restrictions. Section 7. Any agreement for professional management, or any other contract providing for services of the Developer may not exceed three (3) years. Any such agreement must provide for the termination by either party without cause and payment of termination fee on ninety (90) days or less written notice. ARTICLE XIII ANNEXATION Additional property may be annexed to the Property by the Declarant and become a part of the Property at any time during the Development Period and shall become a part of the Property subject to the jurisdiction of the Association and this Declaration. 15 ARTICLE XIV GENERAL PROVISIONS Section 1. Covenants Run With Land. All restrictions, reservations, covenants, conditions and easements contained in this Declaration shall constitute covenants running with the land, and all grantees, devisees, or mortgagees, their heirs, personal representatives, successors and assigns, and all parties claiming by, through or under such persons, agree to be bound by the provisions of (a) this Declaration of Covenants, Conditions and Restrictions, and (b) the Articles of Incorporation and By-Laws of the Association. The Association shall be the entity responsible for the operation and maintenance of the COllUUon Area. Section 2. Enforcement. The Association or any Owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by an 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 the event the Association or an Owner institutes legal proceedings or equitable proceedings to enforce any restriction, condition, covenant, reservation, lien or charge now or hereafter imposed by these covenants, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs including at all appellate levels. Section 3. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 4. Amendment. The covenants, conditions, restrictions, reservations, easements, liens and charges provided for in this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. So long as there is a Class B Membership, Declarant reserves the right to amend this Declaration without the consent of the Lot Owners. Such amendments shall not require the consent of the Institutional First Mortgagee Lenders and shall become effective when executed by Declarant and recorded in the Public Records of Palm Beach County, Florida. After the Class B Membership has terminated, the covenants and restrictions of this Declaration may be amended by an instrument signed by not less than fifty-one (51%) percent of the Lot Owners. Any amendments must be properly recorded in the Public Records of Palm Beach County, Florida. Section 5. Remedies for Violation. For violation of a breach of any of the provisions of this Declaration, or the provisions of the Articles or By-Laws of the Association (or any Rules promulgated by the Association as allowed hereunder) by any person or party claiming by, through or under the Declarant and/or the Association, or by virtue of any judicial proceedings, the Owner, the Association, the Declarant, an Institutional First Mortgage, or any of them, severally, shall have the right to proceed at law for damages or in equity to compel compliance of any of such provisions, or for such other relief as may be appropriate. In addition to the foregoing rights, whenever (a) there shall have been built within the Property any structure which is in violation of this Declaration or in the event of any damage or destruction of any of the Property or portion thereof by an Owner or any of its guests, invitees, lessees or occupants, into disrepair and/or has 16 not been maintained as required by this Declaration and/or any Rules, or (b) any portion of the Property and/or Townhome owned by an Owner has fallen into disrepair and/or has not been maintained as required by this Declaration and/or any Rules, a duly authorized representative of the Association, may enter upon the Property where such violation, damage or destruction exists and summarily abate, remove or correct the same at the expense of the Owner; provided, however, that the Association shall then make the necessary repairs, constructions, etc., to insure that the Property and improvements where such violation occurred in restored to the same condition in which it existed (or should have existed) prior to such violation, and any such entry, abatement, removal or restoration and construction work shall not be deemed a trespass. Such amount, together with interest thereon at the rate of eighteen (18%) percent per annum thirty (30) days after the date of notification of violation, and the maximum late fee allowed under Florida Statutes for each month that payment is not made within thirty (30) days after notification of violation, and all costs and reasonable attorneys' fees incurred by the Association in collection or enforcement (including attorneys' fees incurred at all appellate levels and whether or not suit is instituted) shall be a personal obligation of Owner and shall not pass to the successors in title of Owner unless expressly assumed by such successors. Such amount shall also be continuing li.en and run with the land on the Owner's Property is not paid within thirty (30) days after announcement and may be enforced in the same manner in which mortgages are enforced by foreclosure, or by bringing an action at law or equity against the Owner. Section 6. Effect of Waiver of Violation. No waiver of a breach of or violation of any of the terms, provisions and covenants in this Declaration, or in the Articles of Incorporation or By-Laws of the Association, shall be construed to be a waiver of any succeeding breach or violation of the same term, provision or covenant of this Declaration, or the Articles of Incorporation and By-Laws of the Association. Section 7. Instruments Governing COllUUon Area and Owners of Lots. This Declaration and the Articles of Incorporation and By- Laws of the Association, and any lawful amendments thereto, shall govern the Common Area and the rights, duties and responsibilities of the Owners of Lots. Section 8. Broadband COllUUunications and Cable Television Services. Comcast Cablevision of West Palm Beach, Inc. ("Comcast") has the exclusive right to provide broadband communication services including cable television services to the Property. The Association shall have the right beginning four (4) years after Certificates of Occupancy have been issued for fifty (50%) percent of the Townhomes within the Property and any two (2) years thereafter to enter into a bulk bill addendum, in the form attached hereto as Exhibit "B" with Comcast. The bulk bill addendum will provide that "Preferred Basic Service", as said term is defined in the bulk bill addendum, will be available to all Owners with payment being a part of the annual assessment assessed to Owners. Section 9. Absolute Liability. No absolute liability shall be imposed upon individual owners for damage to the Common Area or to the Lots, including improvements, of others where maintained by the Association, whether caused by themselves, their families, guests or invitees. Their liability shall only be that for which they would be legally responsible under State Law. Section 10. HOD/FHA, VA, FNMA Approval. If the Property is approved by the Department of Housing and Urban Development ("HOD") as a Planned Unit Development , as long as there is a Class B membership, the following actions will require the prior approval of HOD/FHA or the Veterans Administration or the Federal National Mortgage Association: Annexation of additional properties, mergers 17 and consolidations, mortgaging of Common Area, and amendment of this Declaration of Covenants, Conditions and Restrictions, as long as there is a Class B membership, the following actions will require the prior approval of BUD/FHA or the Veterans Administration or the Federal National Mortgage Association: Annexation of additional properties, mergers and consolidations, dedication of Common Area, and amendment of this Declaration of Covenants, Conditions and Restrictions. Section 11. Association Meetinqs at Borqata Clubhouse. Subiect to the terms and orovis~ons of the Declaration of Covenants. Restrictions and Easements of Boraata (the "Boraata Declaration") recorded amona the Public Records of Palm Beach County. Florida meetinqs of the Board of Directors of the Association and Members meetinas may be held within the clubhouse facility in Boraata. However. said use is limited to not more than one Association meetinq (be it Directors meeting or Members meetina) a calendar month at said clubhouse facility. A conference room. meetinq area or other aoorooriate area will be used for said meetina deoendinq on the antici~ated number of oeople attendina the meetinq. Section 12. Declarant's Disclaimer of Representations. Notwithstanding anything to the contrary herein, Declarant makes no warranties or representations whatsoever that the plans presently envisioned for the complete development of the Property can or will be carried out, or that any real property now owned or hereafter acquired by it is or will be subjected to this Declaration, or that any such real property (whether or not is have been subjected to this Declaration) is or will be committed to or developed for a particular (or any) use, or that if such real property is once used for a particular use, such use will continue in effect. While Declarant has no reason to believe that any of the restrictive covenants and other provisions contained in this Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenant and other provisions. Any Owner acquiring a Lot in reliance on or more of such restrictive covenants and other provisions herein shall assume all risks of the validity and enforceability thereof and by accepting a deed to the Lot agrees to hold Declarant harmless therefrom. Section 13. Notice to Owners. Whenever notices are required to be given hereunder, the same shall be sent to the Owners by United States Mail at the address of the dwelling situated upon the Lot. Such notices shall be deemed given when deposited in the United States Mail. Any Owner may change his mailing address by written notice given to the Declarant at: 8000 Governors Square Boulevard Suite 101 Miami Lakes, Florida 33016 (or the official address of the Association as may be designated from time to time.) Section 14. Grammatical Construction. Wherever the context so requires, the use of any gender shall be deemed to include all genders, and the use of the singular shall include the plural, and the plural shall include the singular. Section 15. Declaration Controlling. In the event of any conflicts between the provisions of this Declaration, the Articles and/or By-Laws, the terms and provisions of this Declaration shall control. 18 IN WITNESS WHEREOF, Continental Homes of Florida, Inc. have executed this Declaration, this day of October, 1999. Signed, sealed and delivered in the presence of: Continental Homes of Florida, Inc., a Florida corporation Name: By: Paul Romanowski, President Name: Attest: Candace Sharpsteen, Secretary STATE OF FLORIDA SS COUNTY OF MIAMI-DADE The foregoing instruction was acknowledged before me this _ day of October, 1999, by Paul Romanowski, as President and Candace Sharpsteen, as Secretary, of Continental Homes of Florida, Inc., a Florida corporation, on behalf of said Corporation. The foregoing persons identified themselves by producing their driver's license issued by the State of Florida. Name: Notary Public, State of Florida at Large My Commission Expires: b: \lll:>t"IL."Y\cont lnen\9 96:l58\document\deelsan. wpd 19 JOINDER San Savino Townhomes Homeowners' Association, Inc., a not-for- profit Florida corporation, whose mailing address is 8000 Governor's Square Blvd., Suite 101, Miami Lakes, Florida 33016, hereby approves and joins in the San Savino Townhomes Declaration of Covenants, Conditions and Restrictions and the Exhibits attached thereto, and agrees to be bound by the terms thereof and will comply with and perform the terms and conditions of the Declaration. In Wi tness Association, Inc. October, 1999. Whereof, San Savino Townhomes has executed this Joinder on this Homeowners' day of Signed, sealed and delivered in the presence of: San Savino Townhomes Homeowners' Association, Inc. Name: By: , President (Corporate Seal) Name: STATE OF FLORIDA ) :SS. COUNTY OF MIAMI-DADE ) The foregoing instruction was acknowledged before me this __ day of October, 1999, by , as President of San Savino Townhomes Homeowners' Association, Inc., a not-for-profit Florida corporation, on behalf of said Corporation. The foregoing person is well known to me. Name: Notary Public, State of Florida at Large My Commission Expires: h:\library\cantinen\996259\document\declsan.wpd 20 This Instr=-nt Prepared By: JUAN E. RODRIGUEZ, ESQUIRE Salomon, Kanner, Damian & Rodriguez, P.A. 2550 Brickell Bay View Centre 80 SoW. 8th Street Miami, Florida 33130 DECLARATION OF COVENANTS, RESTRICTIONS, CONDITIONS AND EASEMENTS OF BORGATA This Declaration of Covenants, Restrictions, Conditions and Easements made by Continental Homes of Florida, Inc., a Florida corporation, whose mailing address is 8000 Governor's Square Boulevard, Suite 101, Miami Lakes, Florida 33016. WITNESSETH: Continental Homes of Florida, Inc. is the owner in fee simple of the property described in Exhibit "A" attached hereto and made a part hereof; and Continental Homes of Florida, Inc. for purposes of this Declaration will be the Declarant; and Continental Homes of Florida, Inc. may, but shall not be required to, construct homes upon the property described in Exhibit "A", provided that in any event such construction will be subject to the covenants, conditions, restrictions, reservations, easements, liens and charges hereinafter set forth; and Now, Therefore, Declarant hereby declares that the property described in Exhibit "A" shall be held, sold, conveyed, leased, mortgaged and otherwise dealt with subject to the protective covenants, conditions, restrictions, reservations, easements, liens and charges as hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and plan of development for the same. Said covenants, conditions, restrictions, reservations, easements, liens and charges shall run with the real property described in Exhibit "A", and shall be binding upon all parties having and/or acquiring any right, title or interest in said property or any portion thereof, and shall inure to the benefit of each and every person or party, from time to time, owning or holding an interest iri said property. ARTICLE I DEFINITIONS The following words and terms when used in this Declaration or . any supplemental declaration hereto or any amendment thereto (unless the context shall clearly indicate otherwise) shall have the following meanings: Section 1. "Articles" mean and refer to the Articles of Incorporation of Borgata Homeowners' Association, Inc., a not-for- profit Florida corporation, and all exhibits which are attached thereto and made a part thereof, and shall include such amendments, if any, as may be adopted from time to time pursuant to the terms thereof. 1 Section 2. "Bv-Laws" mean the By-Laws of Borgata Homeowners' Association, Inc., and all exhibits attached thereto and made a part thereof, and shall include such amendments, if any, as may be adopted from time to time pursuant to the terms thereof. Section 3. "Corooration" means Borgata Homeowners' Association, Inc., a not-for-profit Florida corporation, its successors and assigns. Section 4. "Declarant" means Continental Homes of Florida, Inc., a Florida corporation, or any successor of Declarant who may be assigned all or a part of the rights and obligations of Declarant pursuant to a written assignment executed by Declarant and recorded among the Public Records of Palm Beach County, Florida. If Declarant assigns only a portion of its rights and obligations as Declarant hereunder to an assignee, then the term Declarant as used in this Declaration shall mean such assignee only when necessary to give such assignee the rights and obligations of Declarant hereunder which were assigned to such assignee to the same extent as if such assignee had been the original Declarant, and said assignee shall not have any of the rights and obligations of Declarant hereunder which were not specifically assigned to such assignee. Section 5. "Declaration" means this instrument, together with the Exhibits attached hereto and made a part hereof, and shall include such amendments, if any, as may be adopted from time to time pursuant to the terms hereof. This Declaration may be referred to in any other document as "Borgata Declaration of Covenants, Restrictions, Conditions and Easements". Section 6. "Develooment Period" means the period of time until the Declarant has sold the last Lot within the Property or any property annexed to the Property anq becoming a part of the Property as provided herein to outside purchasers. Section 7. upon a Lot. "Home" is a single family dwelling constructed Section 8. "Institutional First Mortqaqe" is a mortgage executed in favor of an Institutional First Mortgagee, which mortgage is a first and prior mortgage encumbering a Home. Section 9. "Institutional First Mortqaqee" is a bank, savings and loan association, any insurance company, pension fund, real estate trust, .Federal National Mortgage Association or its assigns, Federal Home Loan Mortgage Company or its assigns, or any other party engaged in the business of mortgage financing, which owns or holds a first and prior mortgage encumbering a Home, and shall include any corporate subsidiary of such entity. Section 10. "Borqata" means the planned cOllUUunity planned for development upon the property described in Exhibit "A" or any Property annexed as provided herein; the said Borgata being within Palm Beach County, Florida. Section 11. "Lot" is a designated lot within the property described on Exhibit "A" or any property annexed thereto and becoming a part of the Property conveyed or to be .conveyed to an Owner upon which there has been constructed or will be constructed a Home. Section 12. "Member" is every person or entity who is a Member in the Corporation. Section 13. "Owner" is the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Property, including contract sellers, but excluding those parties having such interest merely as security for the 2 performance of any obligation. Section 14. "Private Pro'Oertv" is the property described in Exhibit "A-l" attached hereto and made a part hereof and all improvements constructed thereon. Section 15. thereof recorded Florida. "Plat" is Melear P.U.D. according to the Plat among the Public Records of Palm Beach County, Section 16. "Prooertv" is the property described in Exhibit "An, and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation and subject to the terms of this Declaration. Section 17. "Rules" are collectively the rules and regulations which the Board of Directors of the Corporation may promulgate or impose and thereafter modify, alter, amend, rescind and augment any of the same with respect to the use, operation, and enjoyment of the Property, though excluding the Private property, and any improvements located thereon. The foregoing definitions shall be applicable to this Declaration and to any supplemental declaration hereto or any amendment to this Declaration, unless otherwise expressly provided herein or therein. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION Section 1. Leqal DescriDtion. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Palm Beach County, Florida, and is the property described in Exhibit "An, and such additions as may hereafter be brought within'the jurisdiction of the Corporation and subject to the terms of this Declaration, less the portions thereof dedicated and/or conveyed to other entities. Section 2. Aoolication of Declaration. The Property shall be held, transferred, sold, conveyed and occupied subject to the terms and conditions of this Declaration, and any and all supplements and lawful amendments hereto. The filing of this Declaration and subjecting the property to the covenants, conditions, restrictions, reservations, easements, liens and charges contained herein shall not be construed in any way as inhibiting or prohibiting the Declarant from conveying the Lots or improvements within the property to third parties free and clear of any covenants, conditions, restrictions, reservations, easements, liens and charges, except for those specifically provided for in this Declaration. Lots so conveyed by the Declarant to third parties shall be used and held by said third parties in accordance with this Declaration. ARTICLE III MEMBERSHIP Section 1. Membershi'O. Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot which is subject to the covenants, conditions, restrictions, reservations, easements, liens and charges, of this Declaration, including contract sellers, shall be a Member of the corporation. The foregoing 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 for each 3 Lot owned. Membership shall be appurtenant to a Lot and may not be separated from ownership of the Lot. Ownership of a Lot shall be the sole qualification for membership. The Owner of record of each Lot shall be subject to assessment by the Corporation, as hereinafter provided, and shall be subject to enforcement by the Corporation in accordance with the terms and provisions of this Declaration. ARTICLE IV VOTING RIGHTS The Corporation shall have two (2) classes of voting membership: Class A. Class A Members shall be those Owners defined in Article III with the exception of the Declarant Continental Homes of Florida, Inc. Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interest required for membership by Article III. When more than one (1) person or entity holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot. Class B. The Class B Member shall be the Declarant Continental Homes of Florida, Inc., its successors and assigns. 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 III, provided that the Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs earlier: (a) Ninety (90%) percent of the Lots have been conveyed to third-party purcqasers; (b) December 31, 2003; or (c) Thirty (30) days after Declarant elects to terminate the Class B Membership. ARTICLE V PROPERTY RIGHTS Section 1. Membershio Easements of Eniovment. Every Member shall have a right and easement of enjoyment in and to the non- exclusive use of the Private Property, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The right of the Corporation, in accordance. with its Articles of Incorporation and By-Laws, to borrow money for the purpose of improving the Private Property, and in aid thereof to mortgage said Private Property and the rights of such mortgagee in said Private Property shall be subordinate to the rights of the Owners hereunder; the right to mortgage the Private Property provided herein shall not become effective until a Home has been constructed upon each Lot within the Property and each Lot has been conveyed from the Declarant to a purchaser. No such rights to mortgage shall be effective unless an instrument shall be signed by two-thirds (2/3) of the Members other than the Declarant. 4 (b) The right of the Corporation to dedicate or transfer all or any part of the Private Property to any public agency, authority or utility for such purposes, and subject to such conditions as may be agreed to by the Members, or to mortgage all or any part of the Private Property. No such dedication, transfer or mortgage, shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3rds) of the votes of the Class A membership and two-thirds (2/3rds) of the votes of the Class B membership, if any, has been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than thirty (30) days nor more than sixty (60) days in advance of the duly called meeting at which the vote on such dedication or transfer is held; (c) The right of the Declarant or the Corporation to establish, from time to time, certain easements over the Private Property Eor utilities, broadband cOllUUunications, cable television and other common services purposes; (d) The right of the Corporation to charge reasonable fees for the use of designated facilities (if any) on the Private Property; .liU. The riqht of San Savino Townhomes Homeowners' Association. Inc. ("San Savino Association") to hold meetinqs of its Board of Directors and Members at the clubhouse facility located on the Private Prooerty. Said San Savino Association meetinqs. be. they Board of Directors or Members meetinqs. shall not occur more than once a calendar month. A conference room. meetinq area or other aoorooriate area will be used for said San Savino Association meetinq deoendinq on the anticioated number of oeoole attendinq said meetinq. The Board of Directors and Members of the San Savino Association shall have full riqhts of inqress and eqress to those oortions of the Private Prooerty reasonablv necessarv to qet to the clubhouse facility within the Private Prooertv; lfl Existing easements and agreements of record; 19l Easements referred to in Article X hereof; .1hl The right to the use and enjoyment of the Private Property and facilities thereon shall extend to all Members and their family, tenants, contract purchasers and invited guests, provided there is delegation of the right of enjoyment in accordance with the By-Laws and subject to regulation from time to time by the Corporation in its Rules; lil Access to certain Private Property within the Property may not be obtained from an Owner's or Member's Lot or other Private Property or publicly dedicated streets or properties. Thus, to obtain access to certain Private Property for which access can not be obtained from the Owner's or Member's Lot, other Private Property or publicly dedicated streets or properties, the Owner or Member shall need to obtain the permission of a Lot Owner whose Lot is contiguous to said Private Property. The fact that a Member or Owner shall not have access to certain Private Property from his or her Lot, Private Property or publicly dedicated streets or properties does not allow an Owner to escape liability for assessments provided for in Article VI of this Declaration; and lil The other provisions of this Declaration, the Articles and By-Laws. 5 Section 2. Title To Private ProDertv. The Declarant hereby represents that the fee simple title to the Private Property has been or will be conveyed to the Corporation, its successors and assigns, free and clear of all mortgage liens. Section 3. Declarant's Reserved Riahts. Notwithstanding any provision herein to the contrary, the property rights under this Article V shall be subject to: (a) The right of Declarant to execute all documents and take such actions and do such acts affecting the Property or the pri vate Property which, in the Declarant's sole discretion, are desirable or necessary to facilitate the Declarant's actual construction or development of the Property. However, nothing contained herein shall authorize either Declarant to take any action that will diminish the rights of any lienholder or the holder of any mortgage on any Lot or on the Private Property; take any action that will affect title to any of the Lots after conveyance to third parties; or unilaterally change the Declaration, Articles, By-Laws and Rules after the Class B Membership has terminated; (b) Easements of record on the date hereof and any easements which may hereafter be granted by Declarant to any public or private utilities or governmental bodies for the installation and maintenance of cable television, electrical and telephone conduit and lines, sewers or water pipes, or any other utilities or services to any Lots within the Property or any portion of the Private Property or such easements as Declarant may determine are necessary or beneficial for the maintenance or preservation of the Property; (c) The Declarant shall have full rights of ingress and egress to and through, and over and about the Property, including the Private Property, during the Development Period and such additional period of time as Declarant is engaged in any construction or improvement work on or within the Property, and the Declarant shall further have an easement thereon for the purpose of storage of materials, vehicles, tools, equipment, etc., which are being utilized in such development or construction and for the use and maintenance of signs, banners, and the like being used in connection with the sale or promotion of the Property, or any portion thereof. No Owner, his guests, employees, servants, agents and invitees shall in any way interfere or hamper Declarant, its agents, servants, employees, invitees, successors or assigns, in connection with such construction, development, promotion or sales activity; and (d) The Declarant shall have full right to assign any or all of its right, title and interest in the Property, both as Declarant and as a Member of the CorpOration, to another party by the execution and recording of a proper instrument in the Public Records of Palm Beach County, Florida. This provision shall not, however, be construed to allow Declarant to assign a membership in the Corporation in a transaction separate from ownership of a lot. Section 4. No Dedication to Public Use. Nothing contained in this Declaration shall be construed or be deemed to constitute a dedication, express or implied, of any part of the Private Property, except for access to and from and throughout the property described in the Plat or any additions thereto. 6 Section 5. Incornoration of Easements by Reference. Reference in the respective deeds of conveyance, or any mortgage or trust deeds or other evidence of obligation, to the easements and covenants herein described shall be sufficient to create and reserve such easements and covenants to the respective grantees, mortgagees or trustees of said parcels as fully and completely as though said easements and covenants were fully recited and set forth in their entirety in such documents. ARTICLE VI COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments to l:)e Paid to the Corporation. The Declarant, for each Lot owned by it within the Property, hereby covenants, and 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 (including any purchaser at a judicial sale), is deemed to covenant, which covenant shall run with the land and be binding on every Owner, and agrees to pay to the Corporation: (1) any regular assessments or charges; and (2) any special assessments for improvements, or to fund any deficits between the amount collected for regular assessments in accordance with the capital annual budget and the amount determined necessary by the Corporation for the proper management and maintenance of the Private Property, together with other costs and/or expenses levied or imposed against the Corporation or property of the Corporation; and (3) any regular assessments or charges to effect payment of property taxes which may be assessed against Private Property or any personal property which may in the future be owned by the Corporation. Such assessments shall be fixed, established and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon and costs of collection thereof, including attorney'.s fees, as hereinafter provided and any applicable late fee imposed by the Board of Directors of the Corporation, shall be a charge on the Property and shall be a continuing li.en upon any Lot against which each such assessment is made, and said lien may be enforced in the same manner in which mortgages are enforced. Each such assessment, together with such interest, costs (including applicable late fees), and reasonable attorneys I fees for its collection, including attorneys' fees involved at all appellate levels and whether or not suit is instituted, shall also be the personal obligation of the person or entity who was the Owner of the Lot at the time when the assessment becomes due. The personal obligation shall not pass to the successors in title unless expressly assumed by such successors. Section 2. purpose of Assessments. The assessments to be levied by the Corporation shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents of the Property and shall specifically include, but not limited to: the maintenance and operation of the entrance feature to be erected (if any) to the Property; the maintenance of the Private Property; the payment of taxes and insurance for the Private Property; payment for the improvement and maintenance of the Private Property, and services and facilities related to the use and enjoyment of the Private Property. Section 3. Basis of Annual Assessments. Until September 30, 2000 the monthly assessment shall be the amount as set forth in the initial budget of the Corporation for its initial year of operation. From and after October 1, 2000, the annual assessment shall be determined in accordance with the Articles of Incorporation and By-Laws of the Corporation taking into account current maintenance costs and future needs of the Corporation. The maintenance costs shall include and shall mean all operating costs 7 of the Corporation, maintenance costs of the Private Property, payment of insurance premiums for the Private Property, payment of any personal property taxes on the Private Property. Section 4. Special Assessment for Capital Improvements. In addition to the annual assessment authorized above, the Corporation may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Private Property, including the necessary fixtures and personal property related thereto, PROVIDED that any such assessments shall have the assent to two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting. Section 5. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly, quarterly or semi-annual basis as determined by the Board of Directors. Payments of all assessments will be made directly to the Corporation or its designated management company and in no instance shall any mortgagees have the obligation to collect assessments. Section 6. Quorum for Any Action Authorized Under Section 4. At each meeting called, as provided in Section 4 hereof, the presence of the meeting of Members or of proxies entitled to cast one-third (1/3) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements set forth in Section 4 and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section'7. Date of Commencement of Annual Assessments. Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the first Lot to an Owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors of the Corporation shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due date shall be established by the Board of Directors. The Board of Directors, if necessary to insure cash flow, may institute reasonable late payment fees for monthly payment of the annual assessment. The Corporation shall upon demand at any time furnish a certificate in writing signed by an officer of the Corporation setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any asse~sment therein stated to have been paid. Section 8. Effect of Nonpayment of Assessments: Remedies of the Corporation. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within five (5) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eighteen (18%) percent per annum and the Corporation, acting through its Board of Directors, may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot to which the assessment is levied, and interest, costs and reasonable attorneys' fees, including at all appellate levels and whether or not suit is instituted, in collection or enforcement shall be added to the 8 amount of such assessment. Additionally, the Board of Directors of the Corporation may at its discretion impose the maximum late fee allowed under Florida Statutes for each month that assessments are delinquent, and notify any mortgagees or lenders of Owner, any co- borrowers and/or guarantor(s) without recourse to Declarant and/or the Corporation. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Private Property or abandonment of his or her Lot. Section 9. Special Assessment Against a Particular Owner of Lot. In the event an Owner of any Lot in the Property shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors, the Corporation, after approval by two-thirds (2/3) of the Board of Directors, shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain, and restore the Lot, and the exterior of the buildings and any other improvements erected thereon. The costs of such exterior maintenance to which such Lot is subj ect; and said assessment shall be enforced in the same manner as provided for in Section 8. Section 10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be superior to all other liens save and except tax liens and the liens of any bona fide Institutional First Mortgage to an Institutional First Mortgagee, provided, however, that said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens, and secure indebtednesses payable in constant monthly or quarter annual payments over a period of not less than ten (lO) years. Section 11. Exempt property. The following Property subject to this Declaration shall be exempt from the assessments created herein: (a) any portion of the Property dedicated to and accepted by a local public authority; (b) the Private property; (c) any portion of the Property which is designated and/or reserved for easements; and (d) any portion of the Property owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Florida. However, no land or improvements devoted to dwelling use shall be exempt from said assessments. ARTICLE VII CAPITAL CONTRIBUTION At the time of the closing of a Home pursuant to an original sale by the Declarant, each purchaser shall pay to the Declarant on behalf of the Corporation a sum equal to the aggregate of One Hundred and NO/l00 ($100.00) Dollars as the amount of working capital contribution. These monies (hereinafter called "Capital Contribution" shall be the Corporation's property, and shall be held by the Corporation through its Board of Directors, pursuant to the powers described in the Articles and By-Laws. The Capital Contribution shall be deemed ordinary association income and need not be separated from or held or applied differently than assessments. ARTICLE VIII ARCHITECTURAL CONTROL Section 1. Revie~ of proposed Construction. Subject to Section 2 below, no ~mprovement or alteration of any kind, including, but not limited to, a fence, wall or other addition, structure, or equipment (including landscaping, antennas, awnings, and shutters) shall be installed, painted, erected, removed or 9 maintained within the Property, until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to, and approved in writing by, a majority of the Board of Directors of the Corporation. The Board of Directors of the Corporation shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of the surrounding area of the property and that the appearance of any improvement or other structure affected thereby will be in harmony with surrounding structures and improvements (or the surrounding area contemplated by Declarant, if within the Development Period) and it otherwise desirable. The Board of Directors of the Corporation may condition its approval of proposals and plans and specifications as it deems appropriate, and may require submission of additional plans and specifications or other information prior to approving or disapproving material submitted. The Board of Directors of the corporation may also issue rules or guidelines setting forth procedures for the submission of plans for approval. The Board of Directors of the Corporation may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, site plans, drainage plans, elevation drawings and descriptions or samples of exterior materials and colors. Until receipt by the Board of Directors of the Corporation of any required plans and specifications, the Board of Directors of the Corporation may postpone review of any plans submitted for approval. The Board of Directors of the Corporation shall have thirty (30) days after delivery of all required materials to approve or reject any such plans, and if not rejected within such 30-day period, said plans shall be deemed approved. All changes and alterations shall be subject independently to all applicable governmental laws, statutes, ordinances, rules, regulations, orders and decrees. Any alteration or modification to the location and/or placement of exterior walls of any Home shall be further conditioned on compliance with Metropolitan Palm Beach County ordinances and the obtaining of applicable governmental approvals, if any. Section 2. No Waiver of Future Approvals. The approval of the Board of Directors of the Corporation of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Board of Directors of the Corporation, shall not b~ deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matters whether subsequently or additionally submitted for approval or consent. Section 3. Liability of the Board of Directors of the Corporation. No member of the Board of Directors of the Corporation (or Declarant) shall be liable to any Owner or other person by reason of mistake in judgment, failure to point out deficiencies in plans, or any other act or omission in connection with the approval of any plans. Any Owner submitting plans hereunder by the submitting of same, agrees (i) not to seek any damages or make any claim arising out of approval of plans hereunder, and (ii) to indemnify and hold the Board of Directors of the Corporation, the Corporation and Declarant harmless from any cost, claim, damage, expense or liability whatsoever, including attorneys' fees and costs at all tribunal and appellate levels (and whether or not suit is instituted), arising out of the approval of any plans regardless of the negligence of the committee members, their representatives, or appointing entity. Section 4. Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: 10 (a) Upon the completion of any work for which approved plans are required hereunder the applicant for such approval ("Applicant") shall give written notice of completion to the Board of Directors of the corporation. (b) Within thirty (30) days thereafter, the Board of Directors of the Corporation (or its duly authorized representative) may inspect such completed work. If the Board of Directors of the Corporation finds that such work was not effected in substantial compliance with the approved plans, it shall notify the Applicant in writing of such noncompliance within such thirty (30) day period, specifying the particulars of noncompliance, and shall require the Applicant to remedy the same. (c) If a noncompliance exists, Applicant shall remedy or remove the same within a period of not more than forty-five (45) days from the date of announcement of the Board ruling. If Applicant does not comply with the Board of Directors of the Corporation ruling within such period, the Board, at its option, may either remove the noncomplying improvement or remedy the noncompliance (an easement therefor being hereby created), and Applicant shall reimburse the Corporation, upon demand, for all expenses incurred in connection therewith. This amount, together with interest thereon at the rate of eighteen (18%) percent per annum from the date the noncompliance was to have been remedied or removed, the maximum late fee allowed under Florida Statutes for each month that a violation exists if payment is not made within thirty (30) days after announcement, and all costs and reasonable attorneys' fees incurred by the Corporation in collection, enforcement or abatement, as appropriate (including attorneys' fees incurred at all appellate levels and whether or not suit is instituted) shall be a personal obligation of Owner and shall not pass to the successors in title of Owner unless expressly assumed by such successors. Such amount (including interest, costs, late fees and attorneys' fees as provided above) shall also be a continuing lien and run with the land on the Owner's property if not paid within thirty (30) days after announcement and may be enforced in the same manner in which mortgages are enforced by foreclosure, or by bringing an action at law or equity against the Owner. (d) If for any reason the Board of Directors of the Corporation fails to notify the Applicant of any noncompliance within forty-five (45) days after receipt of written notice of completion from the Applicant, the improvement shall be deemed to have been made in accordance with the approved plans. Section 5. Variances. The Board of Directors of the Corporation may authorize variances from compliance with any of the architectural provisions of this Declaration when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variance must be evidenced in writing and must be signed by at least two (2) members of the Board of Directors of the Corporation. . If such variances are granted, no violation of the covenants, conditions and restrictions contained in this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular property and particular provisions hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting his use of the Lot and Home, including, but not limited to, zoning ordinances and lot setback lines or requirements imposed by any governmental or municipal authority. Section 6. Declarant's Exemption. Notwithstanding anything to the contrary, this Article does not apply to the Declarant. 1l ARTICLE IX USE RESTRICTIONS Section 1. No Lot shall be used except for purposes. No building shall be erected altered, permitted to remain on any Lot other than a Home. residential placed or Section 2. No structure of a temporary character, trailer, basement, tent, shack, barn, shed or other out-building shall be used on any Lot at any time as a residence of appendage to such residence, either temporary or permanent. Section 3. 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 within the Plat, or any matter which affects the health, safety or welfare of the owners or occupants of the Property, in the Corporation's reasonable discretion. Section 4. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that up to two (2) household pets in total (and not of each type) consisting of dogs, cats or other household pets may be kept provided they are not kept, bred or maintained for any commercial purpose. Section 5. No sign of any kind shall be displayed to the public view on any Lot, except one sign of not more than 18" X 24" advertising that property for sale or rent, or signs used by the Declarant to advertise the Property during the construction and sale of Homes. Section 6.' Rubbish. No Lot shall be used or maintained as a dumping ground for rubbish. All trash and garbage shall be regularly removed from each Lot and shall not be allowed to accumulate thereon. Trash, garbage or other waste shall be kept in a sanitary, covered containers. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. In no event shall such equipment and/or containers be visible from the Private Property streets, from neighboring Property or within property contained in the Plat, except for a reasonable time inunediately prior to and after scheduled trash collection, and in all events in compliance with Metropolitan Palm Beach County Code. Section 7. No garments, rugs or any other materials may by hung, exposed or dusted from the windows or from the front facade of any Home. Further, no outside clotheslines or other facilities for drying or airing clothes shall be erected in the front yard or back yard of any Home. Section 8. Parking. There shall be no parking on any portion of any sidewalk within the Property. There shall not be parked upon any of the parking spaces set aside for general use within the Private Property, if any, any trailer, commercial vehicle, recreational vehicle, boat or boat trailer. This restriction shall not be deemed to limit the use of such parking areas, if any, for service vehicles whose purpose is to perform maintenance and delivery service to the Lot Owners or the Corporation during normal working hours or for work performed for the Declarant or the Corporation which are necessary in the development, maintenance or management of the Corporation. The term "conunercial vehicle" includes trucks and vehicular equipment or other vehicles which shall be used or which are ordinarily intended to be used for commercial purposes and shall be further defined, but not limited to, any motor vehicle bearing commercial lettering, logo, commercially identifiable coloring, or any vehicle, motorized or otherwise, clearly designed for a purpose other than the 12 transportation of persons, including, but not limited to, pick-up trucks, modified automobiles or trucks or conversion flatbed automobiles which clearly contain materials regularly used in trade or business. Such materials may include, but are not limited to, ladders, scaffolding, mechanical or trade tools, supplies or any other such materials which would represent commercial activity. Section 9. No septic tanks or individual wells will be permitted on any Lot. Section 10. No garage may be improved for purposes of making same a living area, nor shall garage doors be removed except for replacement (in which case the Owner must obtain approval of any replacement door from the Board of Directors of the Corporation) . Section 11. window Coverings. No external window covering, reflective or other covering may be placed or permitted to remain on any window of any building (either interior or exterior) without the prior written approval of the Board of Directors of the Corporation. Section 12. Flags/Banners. No flags or banners other than one (1) American Flag subject to approval (as to size and location) from the Board of Directors of the Corporation. Any permanent installed flag pole is also subject to approval (as to size, type and location) by the Board of Directors of the Corporation. The foregoing two (2) sentences shall not apply to the Declarant. ARTICLE X EASEMENTS Section 1. Easements for ingress and egress and for the installation and maintenance of all utilities and drainage facilities are reserved 01) and over each Lot and the Private Property. The right is also reserved to the Declarant and the Corporation to create additional utility easements by separate instrument as may be required from time to time. Section 2. Notwithstanding any other provisions contained in this Declaration, in the event that any Home, as constructed by the Declarant on a Lot, encroaches upon any portion of the Private Property or adjoining Lot, then a perpetual easement appurtenant to such Lot shall exist for the continuance of any such encroachment on the Private Property or adjoining Lot. In the event any fence, roof, overhanging roof, or portion of the Home, as constructed upon any Lot by Declarant, encroaches or overlaps upon any other Lot or the Private Property, then, in such event, a perpetual easement appurtenant to the Lot upon which the fence, roof, overhanging roof, or Home is construction shall exist for the continuation of any such encroachment or overlapping upon the adjoining Lots and Private Property. ARTICLE XI PROVISIONS RESPECTING BOMES Section 1. House Maintenance. Each Lot Owner shall be responsible for maintaining and repairing the Home and all other improvements situated on his Lot in a clean, sanitary, neat, safe and orderly condition. Each Lot Owner shall be responsible for the maintenance, replacement or repair of all doors, exterior walls and all other portions of his Home and shall also be responsible to keep the paint on the exterior walls of the Home and the roof in a good state of repair. It will also be the duty of each Lot Owner to maintain in good repair the driveway servicing his Lot. If any 13 Lot Owner breaches these covenants, the Corporation may enforce these covenants in accordance with the provisions of this Declaration. Section 2. Lawn Maintenance. No underbrush or other unsightly growth shall be permitted to grow on any Lot, nor shall any refuse or unsightly objects be permitted to remain thereon. Each Lot Owner shall maintain his Lot in a neat and attractive manner, including, without limitation, having grass, weeds and undergrowth and other vegetation cut no less than once per month, and the Shrubbery and trees located upon the Lot trimmed periodically in accordance with good horticultural practices, including the removal of any dead trees, shrubs or plants. Additionally. each Owner shall replace, at its sole cost and expense, all dead trees, shrubs and other vegetation (or those which in the determination of the Board of Directors have become unsightly) planted by Declarant as developer, on an Owner's Lot in accordance with good horticultural practices and pursuant to Metropolitan Palm Beach County Code. In addition to maintaining his Lot as herein provided, each Owner shall maintain the wall, if any, facing the interior portion of his Lot, and the public area located between the front property line of his Lot and the street in front of his Lot or the property line of his Lot and the street on the side of his Lot if such Lot is a corner Lot. If any Lot Owner breaches these covenants, the Corporation may enforce this covenant against that Lot Owner in accordance with the provisions of this Declaration. ARTICLE XII PROVISIONS RELATING TO FIRST MORTGAGEES Section 1. The following actions will require the prior written approval of two-thirds (2/3) of the holders of record of Institutional First Mortgages on Lots within the Property, (based upon one (1) vote for each.Institutional First Mortgage holder): the abandonment, partition, subdivision, encumbrance, sale or transfer of the Private Property by the Corporation, other than the granting of easements for public utilities or for other public purposes consistent with the intended use of the Private Property; a material change in the method of determining the assessments or other charges that may be levied against an Owner; the failure of the Corporation to maintain fire and extended coverage on any insurable improvements hereafter on the Private Property and any insurable improvements thereon in an amount that shall not be less than one hundred (100%) percent of the insurable value, based on the current replacement costs; the use of the insurance proceeds paid to the Corporation for any loss to the Private property, or the improvements thereon, for any purpose other than the repair, replacement or reconstruction of the Private Property and the improvements thereon; the amendment of the Declaration in any manner which materially affects or impairs the rights of an Institutional First Mortgagee; the conveyance, encumbrance or hypothecation in any manner of the Private Property. Section 2. An Institutional First Mortgagee on any Lot in the Property may singly or jointly with other Institutional First Mortgagees: pay the taxes or other charges which are in default, and which mayor have become a charge against the. Private Property; pay overdue premiums on hazard insurance policies for the Private Property; or secure new hazard insurance coverage for the Private Property after lapse of the existing coverage. In the event any Institutional First Mortgagee makes any of the aforementioned payments, such Institutional First Mortgagee shall be entitled to inunediate reimbursement from the Corporation for the payments advanced, and such Mortgagee shall be subrogated to the assessment and lien rights of the Corporation against the Owners for the repayment of such advance, and the expense of making such reimbursement to the Institutional First Mortgagee shall be deemed 14 a conunon expense of the Corporation. Section 3. No provision of this Declaration shall be interpreted to give an Owner, or any other party, priority over the rights of any Institutional First Mortgagee pursuant to the terms of its Mortgage on any Lot on the Property in the event of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Private Property. Section 4. Any Institutional First Mortgagee of a Lot on the Property who obtains title to a Lot pursuant to the remedies provided in said Mortgagee's Institutional First Mortgage on that Lot, or obtains title by deed in lieu of foreclosure, shall not be liable for any unpaid assessment or charges accrued against said Lot prior to the acquisition of title to said Lot by such Mortgagee. Section 5. The Institutional First Mortgagee of any Lot on the Property is entitled, ~pon request, to written notification from the Corporation of any default in the performance by the Owner of any of such Owner's obligations pursuant to the terms of this Declaration, which default is not cured after sixty (60) days notice to such Owner. Section 6. Any Institutional First Mortgagee who acquires title to any portion of the Property by way of foreclosure, deed in lieu of foreclosure, or otherwise, shall be entitled to any exemption from the terms and restrictions of this Declaration to the same extent that Declarant would be exempt from such terms or restrictions. Section 7. Any agreement for professional management, or any other contract providing for services of the Declarant may not exceed three (3) years. Any such agreement must provide for the. termination by either party without cause and payment of a' termination fee on ninety (90) days or less written notice. ARTICLE XIII ANNEXATION Additional property may be annexed to the Property by the Declarant and become a part of the Property at any time during the Development Period and shall become a part of the Property subject to the jurisdiction of the Corporation and this Declaration. ARTICLE XIV GENERAL PROVISIONS Section 1. Covenants Run With Land. All covenants, conditions, restrictions, reservations, easements, liens and charges contained in this Declaration shall constitute covenants running with the land, and all grantees, devisees, or mortgagees, their heirs, personal representatives, successors and assigns, and all parties claiming by, through or under such persons, agree to be bound by the provisions of (a) this Declaration of Covenants, Restrictions, Conditions and Easements, and (b) the Articles of Incorporation and By-Laws of the Corporation. The Corporation shall be the entity responsible for the operation and maintenance of the Private Property. Section 2. Enforcement. The Declarant or the Corporation shall have the right during the Development Period to enforce all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration by proceedings at law or in equity. After the 15 Development Period, the Corporation or any lot Owner shall have the right to enforce, by proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. In the event the Corporation or an Owner institutes legal proceedings or equitable proceedings to enforce any restriction, condition, covenant, reservation, lien or charge now or hereafter imposed by these covenants, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs including at all appellate levels. Section 3. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall not affect any other provisions which shall remain in full force and effect. Section 4. Amendment. The covenants, conditions, restrictions, reservations, easements, liens and charges provided for in this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Corporation, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. So long as there is a Class B Membership, Declarant reserves the right to amend this Declaration without the consent of the Lot Owners. Such amendments shall not require the consent of the Institutional First Mortgagee Lenders and shall become effective when executed by Declarant and recorded in the Public Records of Palm Beach County, Florida. After the Class B Membership terminates, the covenants and restrictions of this Declaration may be amended by an instrument signed by not less than fifty-one (51%) percent of the Lot Owners. Any amendments must be properly recorded in the Public Records of Palm Beach County, Florida. Section 5. Remedies for Violation. For violation of a breach of any of the provisions of this Declaration, or the provisions of the Articles or By-Laws of the Corporation (or any Rules promulgated by the Corporation as allowed hereunder) by any person or party claiming by, through or under the Declarant and/or the Corporation, or by virtue of any judicial proceedings, the Owner, the Corporation, the Declarant, an Institutional First Mortgage, or any of them, severally, shall have the right to proceed at law for damages or in equity to compel compliance of any of such provisions, or for such other relief as may be appropriate. In addition to the foregoing rights, whenever (a) there shall have been built within the Property any structure which is in violation of this Declaration or in the event of any "damage or destruction of any of the Property or portion thereof by an Owner or any of its guests, invitees, lessees or occupants, into disrepair and/or has not been maintained as required by this Declaration and/or any Rules, or (b) any portion of the Property and/or Home owned by an Owner has fallen into disrepair and/or has not been maintained as required by this Declaration and/or any Rules, a duly authorized representative of the Corporation, may enter upon the Property where such violation, damage or destruction exists and summarily abate, remove or correct the same at the expense of the Owner; provided, however, that the Corporation shall then make the necessary repairs, constructions, etc., to insure that the Property and improvements where such violation occurred in restored to the same condition in which it existed (or should have existed) prior to such violation, and any such entry, abatement, removal or restoration and construction work shall not be deemed a trespass. Such amount, together with interest thereon at the rate of eighteen (18%") percent per annum thirty (30) days after the date of notification of violation, and the maximum late fee allowed under Florida Statutes for each month that payment is not made within 16 thirty (30) days after notification of violation, and all costs and reasonable attorneys' fees incurred by the Corporation in collection or enforcement (including attorneys' fees incurred at all appellate levels and whether or not suit is instituted) shall be a personal obligation of Owner and shall not pass to the successors in title of Owner unless expressly assumed by such successors. Such amount shall also be continuing lien and run with the. land on the Owner's Property is not paid within thirty (30) days after announcement and may be enforced in the same manner in which mortgages are enforced by foreclosure, or by bringing an action at law or equity against the Owner. Section 6. Effect of Waiver of Violation. No waiver of a breach of or violation of any of the terms, provisions and covenants in this Declaration, or in the Articles or By-Laws, shall be construed to be a waiver of any succeeding breach or violation of toe same term, provision or covenant of this Declaration, or the Articles or By-Laws. Section 7. Broadband Conununications and Cable Television Services. Comcast Cablevision of West Palm Beach, Inc. ("Comcast") has the exclusive right to provide broadband conununication services including cable television services to the Property. The Corporation shall have the right beginning four (4) years after Certificates of Occupancy have been issued for fifty (50%) percent of the Homes within the Property and ending two (2) years thereafter to enter into a bulk bill addendum, in the form attached hereto as Exhibit "B" with Comcast. The bulk bill addendum will provide that "Preferred Basic Service", as said term is defined in the bulk bill addendum, will be available to all Owners with payment being a part of the annual assessment assessed to Owners. Section 8. Instruments Governina Private Prooertv and Owners of Lots. This Declaration and the Arti~les and By-Laws, and any lawful amendments thereto shall govern the Private Property and the rights, duties and responsi?ilities of the Owners of Lots. Section 9. HOD/FHA. VA. FNMA Aooroval. If the Property is approved by the Department of Housing and Urban Development ("BUD") as a Planned Unit Development , as long as there is a Class B membership, the following actions will require the prior approval of HOD/FHA or the Veterans Administration or the Federal National Mortgage Corporation: Annexation of additional properties, mergers and consolidations, mortgaging of Private Property, and amendment of this Declaration of Covenants, ~onditions and Restrictions. Section 10. Declarant's Disclaimer of Representations. Notwithstanding anything to the contrary herein, Declarant makes no warranties or representations whatsoever that the plans presently envisioned for the complete development of the Property can or will be carried out, or that any real property now owned or hereafter acquired by it is or will be subjected to this Declaration, or that any such real property (whether or not is have been subjected to this Declaration) is or will be committed to or developed for a particular (or any) use, or that if such real property is once used for a particular use, such use will continue in effect. While Declarant has no reason to believe that any of the restrictive covenants and other provisions contained in this Declaration are or may be invalid or unenforceable for any reason or. to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenant and other provisions. Any Owner acquiring a Lot in reliance on or more of such restrictive covenants and other provisions herein shall assume all risks of the validity and enforceability thereof and by accepting a deed to the Lot agrees to hold Declarant harmless therefrom. 17 Section 11. RIGHTS OF SAN SAVINO ASSOCIATION TO USE CLUBHOUSE FACILITY. AS PROVIDED IN ARTICLE V. SECTION lIe) OF THIS DECLARATION. SAN SAVINO TOWNHOMES HOMEOWNERS' ASSOCIATION. INC. ("SAN SAVINO ASSOCIATION") HAS THE RIGHT TO HOLD MEETINGS OF ITS BOARD OF DIRECTORS AND MEMBERS AT THE CLUBHOUSE FACILITY LOCATED ON THE PRIVATE PROPERTY. SAID SAN SAVINO ASSOCIATION MEETINGS. BE THEY BOARD OF DIRECTORS OR MEMBERS MEETINGS. SHALL NOT OCCUR MORE THAN ONCE A CALENDAR MONTH. A CONFERENCE ROOM. MEETING AREA OR OTHER APPROPRIATE AREA WILL BE USED FOR SAID SAN SAVINO ASSOCIATION MEETING DEPENDING ON THE ANTICIPATED NUMBER OF PEOPLE ATTENDING SAID MEETING. THE BOARD OF DIRECTORS AND MEMBERS OF THE SAN SAVINO ASSOCIATION SHALL HAVE FULL RIGHTS OF INGRESS AND EGRESS TO THOSE PORTIONS OF THE PRIVATE PROPERTY REASONABLY NECESSARY TO GET TO THE CLUBHOUSE FACILITY WITHIN THE PRIVATE PROPERTY. Section 12. Notice to Owners. Whenever notices are required to be given hereunder, the same shall be sent to the Owner by United States First Class Mail, postage prepaid, at the address of the Home situated upon the Lot. Such notices shall be deemed given when deposited in the United States Mail. Any Owner may change his mailing address by written notice given to the Declarant or the Corporation at: 8000 Governor's Square Blvd., Suite 101 Miami Lakes, Florida 33016 (or the official address of the Corporation s may be designated from time to time.) Section 13. Granunatical Construction. Wherever the context so requires, the use of any gender shall be deemed to include all genders, and the use of the singular shall include the plural, and the plural shall include the singular. . Section 14. Conflicts. In the event of any conflict between the provisions of this Declaration, the Articles and the By-Laws, the provisions of this Declaration, the Articles and the By-Laws shall control in that order. IN WITNESS WHEREOF, Continental Homes of Florida, Inc. has executed this Declaration, this day of October, 1999. Signed, sealed and delivered in the presence of: Continental Homes of Florida, Inc., a Florida corporation Name: By: Paul Romanowski, President Name: Attest: Candace Sharps teen, Secretary STATE OF FLORIDA SS COUNTY OF MIAMI-DADE The foregoing instruction was acknowledged before me this day of October, 1999, by Paul Romanowski, as President and Candace Sharps teen , as Secretary, of Continental Homes of Florida, Inc., a Florida corporation, on behalf of said Corporation. The foregoing persons identified themselves by producing their driver'S license issued by the State of Florida. My Commission Expires: Name: Notary Public, State of Florida at Large b,\11brary\eont!nen\9962S9\document\declbor.wpd 18 JOINDER Borgata Homeowners' Association, Inc., a not-for-profit Florida corporation, whose mailing address is 8000 Governor's Square Blvd., Suite 101, Miami Lakes, Florida 33016, hereby approves and joins in the Declaration of Covenants, Restrictions, Conditions and Easements of Borgata and the Exhibits attached thereto, and agrees to be bound by the terms thereof and will comply with and perform the terms and conditions of the Declaration. In witness Whereof. Borgata Homeowners' Association, Inc. has executed this Joinder on this day of October, 1999. Signed, sealed and delivered in the presence of: Borgata Homeowners' Association, Inc. Name: By: , President (Corporate Seal) Name: STATE OF FLORIDA ) :SS. COUNTY OF MIAMI-DADE ) The foregoing instruction was acknowledged before me this ____ day of October, 1999, by , as President of Borgata Homeowners' Association, Inc., a not-for-profit Florida corporation, on behalf of said Corporation. The foregoing person is well known to me. , Name: Notary Public, State of Florida at Large My Commission Expires: h:\library\eontlnen\9962S,\document\declbor.wpd 19