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CORRESPONDENCE ~ ~ 120N.E. 2nd AVENUE P.O. BOX 310 BOYNTON BEACH, FLORIDA J3435.0310 (305)734-8111 ~ R~d~ CITY of Date , ~ a- BOYNTON BTEA~ June 27, 1983 Mrs. Mary M. Viator Reynolds & Reynolds, Chartered Attorneys 301 Crawford Boulevard Boca Raton, Florida 33402 R ethesda Par , formerly known as Summit Investment Condominium Dear Mrs. viator: Thank you for your letter of June 22, 1983 concerning Bethesda Park. It is necessary that I make one clarification concerning my conversation with Mr. Reynolds. I indicated that if the resubmission of the plans and documents was made before the end of June that it would be reviewed by the City Planner and the issuance of continuance would be placed on the July 5, 1983 City Council Meeting Agenda. I also indicated that, normally, the recommendation to continue the process is made but that we want to review the material sub- mitted in order to realistically address the continuance question in the context of the resubmitted material. Sincerely, C?JTY BOYNTON BEACH ~J ;2 c:~ P er L. Cheney City Manager PLC:mh cc: Carmen Annunziato, City Planner Central Files REYNOLDS & REYNOLDS CHARTERED ATTORNEYS 301 CRAWFORD BOUl.EVARD BOCA RATON, FLORIDA 33432 JAY J. REYNOLDS MAXINE V. E. REYNOLDS MARY M. VIATOR DAYID W. SCH M I DT TELEPHONES 391-1000 . 368-0800 WEST PALM BEACH 732-6141 BROWARO 421 7490 AREA CODE 305 June 22, 1983 Mr. Peter Cheney City Manager City of Boynton Beach Post Office Box 310 Boynton Beach, FL 33435 Dear Mr. Cheney: This is to confirm your conversation with Mr. Reynolds of this office, wherein he was advised that if the plans and documents for Bethesda Park, formerly known as Summit Investment Condominium, were submitted by the end of this week or at the commencement of next week, and no substantial changes were necessary, that a sixty day continuance would be requested, notwithstanding that the City Council met after the expiration date. Your cooperation in this matter is greatly appreciated. Sincerely, M~lv~ V~-~ MMV/rc ,~. /."'ri\,;,-" /.,0" ,\ ./,::;!;' ;.:i\ / ~'J JU\\ 1983 "~ r.~CElVl \~~ CItY="' ~9"r CITY of BOYNTON BEACH ~"1;: ~ ~-- '" ~~~:;JvA ;JJ!J POBOX 3'0 120 N.E. 2N[ AVENUE BOYNTON BEACH FLORIDA. 33435 '. -.~,~=-:~-~~~::.~;;-~",~~tr 'ttrt __ _~~_'r ...........---, ":lI' 'f:-~;';..;;:=.,~:;; ~;:-:- :. ;:~ ~ ~. ._-------.._--~ .....,,~ __ ____ 1a..-'-;;__r~.-....';... .' ~ ~.~ . _ ~~ .~ .........~...;'7':- ~-~":-._~. ~ -.-:....-. ';'. ;1 r. __. ~~:~,~,,----- Office of the utilities Director April 16, 1981 RE: Bethesda Park Mr. Peter B. Scott summit Investment Corp 2351 N. Federal Hwy., Suite 2A Boca Raton, FL 33431 R'''i'''d~1iJ ( n, ,eo ) Date 1'/1 ~ ~ Time 10 " , Dear Mr. Scott: Please be advised that I have no objections to this ease- ment as no other sewerage will enter through this pumping station 0 I would like to point out one item which has been neglected and that is the fact that you are going to have to bring 3-phase power to that station. My understanding was that you were going to bring this from the south and if this is the case, at the present time, you do not have an easement to bring the 3-phase power across High Point's property. It is suggested that this problem should be solved by you and the city be advised as to whether you can bring the power in as requir~d. Very truly yours, PAC:apt CC: Mr. Carmen Annunziato, City Planner Mr. James Vance City Attorney CITY OF BOYNTON BEACH n I[ II. \ J '...-'-i-'-'1- C, CLU1 t..{,,-- Perry A.gessna, Director of utilities I -, FROM TO Jim Vance, City AtLvrney Tom Clark, City Engineer \..~ty ~ '- S. ~ Planner OCT 211980 SUBJECT: proposed Utility Easement FOLD -+ DATE: 10/17/80 Accompanying this memo you will find a proposed utility easement document prepared by the developers of Bethesda park/PUD - Summit Investment Corp. They have requested that the City review it for form and consistency prior to having it signed. Please let me know if it is acceptable. CSA:pf enc. A PLEASE REPLY TO . SIGNED REPLY C} <<- DATE: SIGNED GRAYARC co., INC., BROOKLYN, N. V. 11232 THIS PY FOR PERSON ADDRESSED CITY of BOYNTON BEACH ~ i- -- P. 0 sox 310 120 N.E. 2NO AVENUE BOYNTON BEACH, FLO'R1DA 3343'5 " h'" p Office of the Urban Forester October 15, 1980 Mr. Peter B. Scott Summit Investment Florida Corporation 2351 N. Federal Highway Boca Raton, Fl. 33431 Dear Mr. Scott: This letter is in reference to the tree preservation which we hope to accomplish on your tract of land in Boynton Beach called Bethesda Park. I have made an initial visit to the site and there exists a good potential for saving many pine trees. In accordance with your proposed building construction I feel that we can save clumps of those pine trees in "green" areas shown on the site plan. Please call my office at your convenience so that we may both visit the area and establish a workable program for preserving trees on the site. Thank you for your time and cooperation. Sincerely, KH:mb f-(",c'W' Ho1lJcevJ\ Kevin Hallahan, Urban Forester M E M 0 RAN DUM 10/2/80 To: TRB Members Perry Cessna, Utilities Dir. Al Nyquist, Fire Marshal Charles Frederick, Rec. & Parks Dir. Bud Howell, Building Official Tom Clark, City Engineer Capt. Hillery, Police Dept. Kevin Hallahan, Urban Forester Richard Walke, Public Works Dir. Date: 10/7/80 at 9:00 A.M. - conference room Re: Site Plans: 1. Flagship Bank/modified site plan 2. High Ridge Country Club/accessory building 3. Boca Raton Federal/office building 4. Boynton Terrace/HUD Master Plan: 1. Bethedsa Park/PUD & rezoning Pre-Application: 1. Edgewood Heights There will be a meeting of the Technical Review Board at the above date and time. Please attend or send a designated representative. , ' ~ Carmen S. Annunziato,~ City Planner CSA:pf .;6- {.'1- MEMORANDUfL st.? 2, 9 '980 TO Carmen Annunziato City Planner DATE September 25, 1980 FROM Tereesa Padgett City Clerk Surmnit Investment Rezoning Request Planning & Zoning Board Meeting of 'uomT 10/15/80 (Bethesda Park POD) FIL.E for In reference to subject rezoning application, attached please find a copy of the notice of hearing as advertised and a copy of the notice sent to property owners within 400 feet. This information supplements the forms forwarded by your office per your memo dated 8/28/80. -3 City Clerk sk cc: City Manager MEMORANDUM SEP 2 IS80 '0 Craig Grabeel Asst. City Planner DATE: Sept. 2, 1980 FILE: Rezoning/Bethesda Park/PUD FROM Sue Kruse SU8Jt!:CT Subject application is being processed for the 10/15/80 Planning & Zoning meeting as requested. The notices will be mailed to the applicant and property owners within 400 feet on September 12 with the advertising scheduled in The Post on September 27 and October 4. ~~.I~"""/ sk I I FROM TO James Vance City Attorney C~rmen Annunziato City planner SUBJECT: _ SwnmH;.. _];&~~.._~~~iWII-_.I)egumen-t;s-_____"___d DATE:.Jl/2/80 FOLD .. Please review the attached doc~~ents as required by Chapter 31-1 (F) (c) of the City Code. The public hearing with Council is still approximately one month off so there is no apparent hurry. Thank you. CSA:ph cc: Central File PLEASE REPLY TO . / SIGNED Sc REPLY DATE: SIGNED CRAVARC co., INC., BROOKL.YN, N. Y. 11232 L DETACH THIS COPY-RETAIN FOR ANSWER. SEND WHITE AND PINK COPIES WITH CARBONS INTACT. MEMORANDU^_ TO City Clerk DATI< 8/28/80 FILl!: "''"'OM Asst.City Planner SUBJECT Rezoning/Bethesda Park/PUD v' i. ~' '" ~ /1./, , /{' V:... ..,/~ , / . V / (' t' y' . ,/) , ../(/, /.--- ' , 2 . ~, ,/ 'v Accompanying this memo you will find copies of all re- quired materials submitted as an application for subject rezoning. Please advertise for a public hearing with the Planning and Zoning Board at the next available time. Be advised that the Board will meet on 10/15/80 as opposed to 10/14/80 owing to a conflict with a Council budget hearing date. I have coordinated this date with the Building Official concerning the Code Enforcement Board meeting and have been advised that they can meet in our conference room. ~ Craig Grabeel, Asst. Planner CG:pf enc. . , ,r'" ,c" ~ .' ~ 1",( ,"" '/, , . , I ",.' > ", 't ~ J ' , (.' ~.. /: ."'j'l_l. -.. ,~.I 1"''''''' . ji; ~ . I ,,'. , , ,...,. I ,<;':; i'\ ).?3 .(,'" r .,A.' , " !... .... 'J t ~ ,1.~ ,( -1 j i ~ . ,- ( ..2 )" 1 " ~.-.: I. '.' 1 : ~("". '.... !~, I _Ie' u! (. , , . ~ 'i I~~ .,' J ' { ~ ..I/J ' . ~ .; ..J,/ I' I' f ' l " 1" ~ y , . , ,"I,', ,r, 1" .,.. i '.0 I ~ .. 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' \ i'" . y / / :'S7/ /)h" U. ~ ..Q , ,,.!., !~ 'H / / , L~,D E -.3~~~[rll III \. E I r ~ ~ L\ i 1'\ .1/ I'" I 1 _ ~ -.!!. 1 v/' ,,,,, , ,,,'IT ~ ~ ,-' I V./ 11' . r 11 IT ,ITT T ~ _= <..." V/" Tn". "n- :::----: IlTI TliTHTI\ ' -;lIT T lEtJE9c~ ~ H.~ .,' . - - ';T ~",':'" . ..._.... ~ h{" i:: ,. , , n$1 EoEo E r~... ~'- " ,he 7... ~r l-G==: \mtillfBm., I.s:l "c....._~ ' ~ ' v ;:" \: , .cee"""" '"' ~ I '_'_. "~l-\-_ ~ 1-1= J" ,= '" · ,,' r''',~ ' ,. ceb ,,~[C.'" " ; "-. ~.. :. ". r- p::.: EE _ I I 1::::::----- ~ ~c ~~.+ Ef::, Z" ' -...--- .i...L,tH ~ L..J:== I --: ! \ --....... ~ 'V ;'.\ -. - ~ - - \\ --.-. -. - - ~, ;,,~-'c *r>,.\ ........- . > o~ ' r=: ~~~_,~'"'X,--=-, "'\ ILJ11T! .TIlT-....:l- II \- ~",'I"...'" i.\ ~ :;;a;;; >{"'" .. ~[Et ,,= . .M _ . -... -~~ '-. I 'k\ I~'''- .."..-.....- L, .t H-. ~! i ~;~~ . .W..JT TiL.} 1 NOT ICE NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 8:00 P. M. on \~ednesday, October 15, 1980, at the City Hall, Boynton Beach, to consider the application with respect to the following described property located within the limits of said City, Palm Beach County, pursuant to the request of the parties in interest: The West Half (W~) of. Lot 12, of Sec~ion 33, Township 45 South, Range 43 East, Palm Beach County, Florida, according to the plat recorded in Plat Book 1 at Page 4 of the Public Records of Palm Beach County, Florida, less the South 240.00 feet thereof and less the right-of-way for Interstate Road No. 95; said parcel being more particularly described as follows: Commence at the Southwest corner of said Lot 12; thence N. 1007'12" W., along the West line of said Lot 12, a distance of 240.04 feet to a line 240.00 feet North of and parallel with the South line Sf said Lot 12 and the Point of Beginning; thence continue N. 1 07' 12" W., along said ~~est line of Lot 12 a distance of 151.68 feet to the East right-of-way line of Interstate Road 95; thence N. 33010'35" E., along said East right-of-way line, 8.55 feet to a curve concave North- westerly with a radius of 3969.72 feet~ thence Northeasterly, along the arc of said curve and said Easb right-of-way line 299.37 feet through a central angle of 4 19'15" to the North line of said Lot 12; thence S. 89056'18" E., along said North line 488.03 feet to the East line of the West Half (W~) of said Lot 12; thence S. 1002'06" E., along the said East line of the West Half (W\) of Lot 12, 414.86 feet to the North line of the South 240.00 feet of said Lot 12; thence \~est, along the North line of the South 240.00 feet of said Lot 12, a distance of 651.46 feet to the Point of Beginning afore- described. Containing 5.70 acres, more or less. Location - A parcel of land bounded on the West by the right-of-way of Interstate 95, on the North and East by High Point Apartments Subdivision, and on the South by the right-of-way of S. W. 23rd Avenue and lands owned by the State of Florida (Department of Transportation) . Request - REZONE from R-1AA to P.U.D. (Planned Unit Development) Use - Construction of twelve residential, fourplex single story, condominium units with land use intensity rating of 7. Applicant - Summit Investment Florida Corporation ALSO A Public Hearing will be held by the City Council of the City of Boynton Beach, on the above request on Tuesday, October 21, 1980 at 8:00 P. M. All persons interested therein shall present their comments at the above stated meetings. TEREESA PADGETT, CITY CLERK CITY OF BOYNTON BEACH, FLORIDA PUBLISH: THE POST September 27 and October 4, 1980 NOTICE OF PUBLIC HEARING summit Investment Florida Corporation has requested the following parcel be considered for rezoning: The West Half (W~) of Lot 12, of Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida, according to the plat recorded in Plat Book 1 at Page 4 of the Public Records of Palm Beach County, Florida, less the South 240.00 feet thereof and less the right-of-way for Interstate Road No. 95; said parcel being more particularly described as follows: Commence at the Southwest corner of said Lot 12; thence N. 1007'12" W., along the West line of said Lot 12, a distance of 240.04 feet to a line 240.00 feet North of and parallel with the South line gf said Lot 12 and the Point of Beginning; thence continue N. 1 07'12" W., along said West line of Lot 12 a distance of 151.68 feet to the East right-of-way line of Interstate Road 95; thence N. 33010'35" E., along said East right-of-way line, 8.55 feet to a curve concave North- westerly with a radius of 3969.72 feet; thence Northeasterly, along the arc of said curve and said Eas~ right-of-way line 299.37 feet through a central angle of 4 19'15" to the North line of said Lot 12; thence S. 89056'18" E., along said North line 488.03 feet to the East line of the West Half (W~) of said Lot 12; thence S. 1002'06" E., along the said East line of the West Half (W~) of Lot 12, 414.86 feet to the North line of the South 240.00 feet of said Lot 12; thence West, along the North line of the South 240.00 feet of said Lot 12, a distance of 651.46 feet to the Point of Beginning afore- described. Containing 5.70 acres, more or less. Location - A parcel of land bounded on the West by the right-of-way of Interstate 95, on the North and East by High Point Apartments Subdivision, and on the South by the right-of-way of S. W. 23rd Avenue and lands owned by the State of Florida (Department of Transportation). Request - REZONE from R-1AA to P.U.D. (Planned Unit Development) Use - Construction of twelve residential, fourplex single story, condominium units with land use intensity rating of 7. Notice of a rezoning request is sent to property owners within 400 feet of the applicant's property to give you a chance to voice your opinion on the subject. A HEARING BEFORE THE PLANNING & ZONING BOARD WILL BE HELD AT CITY HALL ON WEDNESDAY, OCTOBER 15, 1980 AT 8:00 P. M. ALSO A PUBLIC HEARING IS SCHEDULED BEFORE THE CITY COUNCIL ON TUESDAY, OCTOBER 21, 1980 AT 8:00 P. M. ON THE ABOVE REQUEST. Comments may be heard in person at the above stated meetings or filed in writing prior to the hearing dates. If further informa- tion is desired, please call 734-8111, City Clerk's Office, Ext. 205. LEGAL ADVERTISEMENTS WILL APPEAR IN THE SEPTEMBER 27 AND OCTOBER 4, 1980 ISSUES OF THE POST. TEREESA PADGETT, CITY CLERK CITY OF BOYNTON BEACH sk September 12, 1980 ""' .,. SUMMiT INVESTMENT FLORIDA CORPORATION 2351 North Federal Highway, Suite 2A . Boca Raton, Florida 33431 . (305) 368-2908 May 20, 1980 City of Boynton Beach c/o Carmin Annuziato City Planner Engineering Building 200 North Seacrest Blvd. Boynton Beach, FL 33435 RE: 5.70 Acres, North side of s.w. 23 Avenue (Golf Road) Boynton Beach Dear Sir: The attached list of property owners and mailing addresses, and legal descriptions of all property within 400 feet of the subject property is as recorded in the official tax records of Boynton Beach. This list is compiled by myself with the cooperation of Mrs. Cardel of the City of Boynton Beach, To the best of my knowledge this list is complete and accurate. ~lY' PETER B. SCOTT President Project Name~/f61>A ~l>. Developer 5<<M#o1'T 'Wt/Erf~~ Trustee- J'.aT. J. ~r..,.... Surveyor O~,~::: i t\:60"~ -s'l/N""T .l;N. du)~ ~~ '8 ~ ~ y , f.. fjII-. Owner Buyer General: v' V v v- I/' v ..- -- BOYt N BEACH PLANNING DEPARTm RhZONING APPROVAL CHECKLIST Agent Date Recvd:AUG 221980 ~4 'E. ~D1T (fItes.) Z?1'D'IIa.. (Are the following requirements met?) Fees attached or received; Location sketch (to scale) showing adjacent properties within 400' Present zoning: "'/~A ; Proposed zoning: f\AJ> L/I..:t; Proposed use: IZcS'D8I1"Ii'I\.; Address/location description provided; Legal description provided; Application dated & signed/applicant's address & phone no. providec Required Documents*: (Refer to Sec. 9, Zoning Regulatlons) v v' 0/ '" }It /JA . C.!. C.2. C.3. C.4. C.5. C.6. Comments: " -- ~ " " " " *Note: If PUD, use additional PUD checklist; Inter-Agency Coordination: V'" V V'" V Palm Beach County (traffic analysis) School Board (School Plant Planning) So. Fla. Water Management Dist. (drainage) (other) 1111:1bA- U7U.,-nn Review Schedule*: Action: ./ City Clerk 0/ T.R.B. v P&Z V Council Date: " " '1- 2.- lD " " " " *Note: If PUD refer to PUD checklist; Additional Comments: orig. 2-79 DCG C. District Botmclary Changes (Rezooing) Every applica1-Jn for rezcn:ing involving man<>-s in district botmdaries shall be ~aniedby a fee of Three Hundred Dollars ($300.00) and i shall include the foll~g: 1. A statenent of the applicant's interest in tile property to be rezened, including a =w of the last re=Ued Warranty reed; and a. If Joint and Severel <Mnerships: a written ccnsent to -tpe rezoning petition by all cwners of record, or b. If a O:ntmct: purdlase contract and written consent of the seller/aoner, or c. If an Authorized Agent: a copy of the agency agreenent, or written consent of fue principal/cwner, or d. If a Lessee: of fue amer, ~ ........... . . . a =py of the lease agreenent and wr:l. tten consent or e. If a Corpcm3.tion or Other Business Entity: the nane of tile 0111cer or person respons1.ble tor the appJication and written proof that said representative has the delegated auihority to represent fue cnnx>ration or other business entity, or in. lieu fuereof, written proof that he is in fact an officer of the cnrporatico . 2. A certified boundary sketch by a surveyor registered in the State of Borida at a scale prescribed by fue Building Official cnntain- ing the follcwing: a. hi accurate legal description of the property to be rezoned. b. ..A COl1putation of fue total acreage of the tract to tile near- est tenth of an acre. 3. A cnrrplete certified list of all property CHIllers, mailing addresses, and legal descriptions for all properties within at least four hlIDd- red (400) feet of the subject parcel as recnroed in tile latest official tax rolls in the ColIDty Court House shall be furnished by the applicant. Such list shall be acrorrpanied by an affidavit stating that. to the best of the applicant's knCHIledge said list is cnrrplete and accurate. Notification shall be given to all perscns roncerned as defined in Olapter 163 of the florida Statutes. 4. The applicant's location map sh=ing the locations of all p:ruper'- ties referred to in Pan3.gra!i1 three (3) above, and their relation to tile applicant's subject parcel. ~ 5. ~ A statenent by the applicant of tile najor planning assumptions and' cbjectives of tile developJreI1t project including but not limited to: a. revelopnent b. Pn:Jjected Population c. Pn:Jposed Timing and Stages of Developrrent d. Pn:Jposed OHnership and Form of Organization to 1"Jirintain Cormon and Open Space Facilities e.. Prop::sed density of land use for each develQprrent parcel as well as tile gross and net densities of the total project. f. Official Soil Conservation Service,soil cl~sificatian by soil associations and areas subject to mundation and high ground. water levels. 6. hly of th ~ollM.ng as required by the ,T and/or the -i.ty Council: . 'lIling and Zoning Board . a. A written comni:tJJent to the provisions of all necessary facili- ties and systerrs for storm drainage, water supply, sewage . .t:reatmmt, solid waste disposal, fire protecticn, reCTeational and pari( areas, sd!col sites, and other public inproven-ents as nay be required. b. A traffic impact analysis or projected trip genenrticn for the developrrent. c. A driwing of proposed fencing, screening and landscaping. d. Proposed location, directiof! and tYPe of outdoor ~ting. e. Existing and proposed grade elevations. f. IDeation of wooded areas and existing or propqsed water bodies~ g; Where the applicant wishes to develop the project in increnental. stages, a site plan indicating proposed ultinate developllEIlt shall be presented for approval of fue entire parcel. Proposed developID2I1t phases shall be mmbered in sequence. 7. The recomrendatioo of fue Planning and Zoning Boa:ro and fue approval by City Cbtmcil shall becorre null and void in the event the appli- cant, his heirs or assigns abandons or deviates from the pruvisions or conditions as approved, or fails to file the first plat within twelve (12) IIDIlths or within any extension authorized. 8. Upon denial of an application for rezoning, in whole or in part, a period of twelve (12) m::mths must elapse before the application rray be refiled. D. Civil Rerredies for Enforcenfl1t , In case any building or structure is erected, constructed, reconstructed, altered, repaired, or rraintained, or any building, structure, land or water is used in violation of this chapter or any ordinance or other regulation made under authority conferred heTeby, - the propoer local . authorities, in addition to other rerredies, my institute any appropriate action or prDCeedings in a civil action in the circuit court to prevent such unlawflll erection, construction, rea:mstructicn, alter\3.tion, repair, conversion, rraintenance, or use, and to TBStrain, correct, or abate sum violation, to prevent ihe =cupancy of said building, structure, land or water, and to prevent any illegal act, conduct of business, or in or about sud! premises. BOYNTON BEACH PLANNING D~PARTMENT AUG 22 \980 P.U.D. REZONING CHECKLIST* *Supplement to Basic "Rezoning Approval Checklist". (~:"5L"\A- ~ f?U.t:>.) Refer to Sec. 31-1, zoning regulations. REQUIRED DOCUMENTS: \r"'" J. (al l. V' J. (al 2. t' J. (al 3.a. ,; V ./ II ,/ V' ~,. ~~ J.(a) 4. ~(otherl REVIEW SCHEDULE: C .,/ Pre-hearing Conference Date: Action: V'" City Clerk Date: Action: ,,/ Da te :.,~ t, if> Action: T.R.B. ./ P&Z Board _ Date: Action: C.A.B. Date: Action: ./' Council Date: Action: J. " 3.b. J. " 3.c. J. " 3.d. J. " 3.e. J. " 3.f. J. " 3.g. J. " 3.h. ~ (orig. 2-79/DCGl Comments: " " " " " " " " " " ~~ " I ' ,I~\ 1'1, L I, I ! .' , : .1. I I I' i -, , /'J,"'>>>'(J) PROCEDuRES FOR ZONING'OF LAND TO PUD. '. <~:'... .,; ': ".'Th~ pr~~~d~~es"f~~"zohing of land U; PIJD ~assifi~tion ~jth' I . ',,: :-: :', ': ' :a '1ipecific: LUI rati,ng shall. be the same ar for wning land' " ','; ,:,~"'..' .: generally. Because of t~e d:f~erences be,tween PUD develop-' - l.' . ..' :. , ments and the concept of unifIed control In development, how- l,:' i.>;<.. ever, t~e f~llowing ,pro;edures and requ~:rii~nts ?balf a.p~ll' , .' ,': -- to apphcatlOns for zonmg to PUD classlflcabon, In addibon I,;:~.</,::"totbegeneralrequirements: , .!. ;:':""': /< . <. . . , '(a) , Applications; materials to be submitted. In addition to , "~'. ~,'. ';.' ,. .... infonnation required for application; for zoning gen- .: '. > .' ~,.::/:, erally; the applicant shall' submit th~ fallowing mate- I ", ,', . . ','rials or data:' +' ..!, [ , ,..,. .' .' I' j. . :.. ..' . . ,.., (1,f Legal documents assuring unified control of the ;, . ',:: :. ',:.' .: proposed PUD and the agreements required under , . ',c, '... subsection (F). ~ , _ (2) A statement: as to the LVI ~ating. s~ught for th~ , . PUD and such. supporting evidence or'documenta- -: tion as the applicant-may feel is' pertinent 10 'en-- : able the planning and wning board and the'govern. , ..,. ing body 10 detenninec whether,oor ,not the LUI "0 , ,: . .,.-' .: .~ati~ requested is reaSonable and pr~per.. "_' . t . (3) A site development plan containing: ' , ....... a,' 'The title of the project and the names {)f tbe '. ,'. professional p~oject planner and the devel- ,'oper;., '., ,-- , ~ I I " ~--- " I I.' , i , ; ,. .....-i. ;-:". ~.: .'~ -.... )' I b. Scale, date, north arrow, al}dgeneral location map; Boundaries of the property involved, ialJ exist- ing streets, buiJdi~gs, water courses, ease- ments, section lines,' and other existing im- , portantphysical features in and adjoining the . t . proJec ; , , Master plan locations of the diffetent uses proposed by dwelling types, open spa.ees desig- nations, recreational facilitles, co~mercial , I ~ uses, other' perynitted uses, and off-street parking and off-street loading locations;' . Master plan showing acces's and tra)rfic. flow and how vebicular traffic will be separated from pedestrian and other types of traffic; : Tabulation~ of total gross acreage i~ the de. , velopment. and the percentages thereof pro- , , ' , posed to be devoted to the several dwelling types, other pennitted uses, recreatidnal fadl- if:ies, streets, parks, schools, and other reser- vations; I . Tabulations demonstrating the relationship of the development to proposed LVI rating as shown in Table 1, subsection (D), 'and pro- . posed numbers and types of dwelling units; and I I .11 I I I " I I -") . I .-~ ., I , .. Co d. . :-.:-'.- ~: ;-~ ~-~-.~ - '.- -. .--: -. .: ". e. . i.. .":": - \- f. . , g.' '(4) . " Wh~re . required by the area phinning' board , an environmental impact study shall be sup- plied. '. A statement showing modifications of zoning or other ..applicable ..city, regulations where it-is in- tended by the applicant that such modification serves the public interest to an equivalent degree. j; ! , h~ ~ /"\ .-' r, .:..~. "";~:"#' . "'j. .~:".l"I~,...'~;_.. . .f. T~ ,~- "l<!k ~' <_...~, ,. ,,,\'1'1 ","'" ';~ ,', .1.:~1'1; ,',,," APpt-;:CATION TO THE CITY OF BOYHTON H!~..~CII DATE~ UG 2.0. /qg A1TAOlED HERE'IO IS EXCERPr Fro!1 ORDINANCE NO. 75-19 (2 sheets) SETl'lliG FDRIH . INFORMATION, E'TC., 'ill BE SUPPLIED WITH 'nUS APPLICATION. , AUG 2 Z, \980 FOR RE-ZONINC, PLEASE PRINT on TYPE 1. Name of Applicant 5\.4""""" T",vlSiMENT (FLPi) COp,P. 2. Name of a"mer of PropertyRoBERT ~n.~[ i t:'JA RI ERos" ... R'1-Rosf: :re. (Please llst t11S name or names . as it appears on the Deed) 3. Address of Property to be re-zcned JJOP,.TH <.slOG: of S.W.2.3ROAvE l:hPoINT AND IqS . en'! of BOYNTON 'BEAC.H. 4. Legal description of proper'ts to be re:...zon",d: Gel: A/TAC.+H.P gl.lRvt1 /tAN. 5. Ho'~ is the property presently zoned? R I. A A 6. How do )'OU want the property to be re-zoned? -p U.D. WITt-l L,U.I RATING oF' 7 7. Ho'~ is the property to be used after re-zcning? RESIOENTIAL. IMP 0 R TAN T BEFORE A~N APPLICATION FOR ZONING OR RE-ZONING WILL BE CONSIDERED BY THE PLANNING AND ZONING BOARD AND THE CITY COUNCIL, A SCALE SKETCH OR TRACING CLEARLY INDICATING TH2 PROPERTY TO BE RE-ZONED NUST BE ATTACHED TO T11I8 APPLICATION _ THIS oJ\ETCH EUST SHOH SURROUNDING STREETS AND PROPERTY \HTHIN A DISTANCE OF 400 FEET OF THE PROPERTY TO BE PE-ZClfED. IF THE SKETCH IS NOT ATTACHED YOUR APPLICATION CANNOT DE CONSIDERED. A $300.00 fee must a~company each Application. Any reasons ycu may have for wishing this property re-zoned may be indicated on the back or this application. I hereby grant permission to the Planning and Zoning Board to post a sign on the above described premises statin that a change in zoning has been reque ted. ~ gna e L q {) N.W, ct" P S 1 Address ~ ...:. 3,~.~q()6 - No. 2..72... 0't/2. ~. ., :: . ''!' :... ~ ~.( :,I~ - ~ ,/V'J , ~ '- . I ' .I -" ".....,"'.........~-Pl"'..'..,._.T...~ ..,-.........,.......... WlIlIIAIlTr ~ crt-":'. - t . mqis ~nbfnture, J., 0/ .JW7 . A. D. "11 ~f..le "'" 11- ~dfueelt GREAT HEel( CON<<JNlTIBS, INC. ~ __nti... ~...... ... ~ p.... 0' ......-. lot ... C......" 0' N....u . lit ... _ I 5'01u' N_ York .lWf7 0/ lite /In. ,..,c. -' ROBEIl1'.J. JIOSE, HAlUE 1108&, :' aad ~1iJIT J. ROSE, Jr., .. t_t. in e-.m ... ""'- __ ~........ II 230 Middle ..ck RoM, Groat N.ck, ._ York ... - - - 0/ lit. c-,. 0/ N....u . lot... Swo., N_ York . ,..,cl.. 0/"" --' ~ -i:buMdJr. .,."..........lWf7 0/ .". /lnt .-. for -' ... ar-J' I ~ . 0/ .". - 0/ TOll o.u.. -'...".. -1..-1.10 "",,,I ..... to u ... "-<I...... '" ."...... ,..,ci...,,,, -'" _ ... ..... ..lo.0oi.. ...., ....... '-18-' '- __ .....,.4.... -' ...w to ... ..... ~.. 0/ ... -- .. their .aee...or"" -..... ,..... "",11 14' ~L..I....... _ '- -' ..... .. ... c-,. ., Pala Be.ch . s.... .,......... -' _ .- - . I,. ~ II ,I .. 10lio-, BeiDe ill S.etion 33, "-alp 45 Soath, Ileac. a But aDd d..erlbod .. ALL that V..t-halt ot Lot 12 ..rih ot 23rd Av_a. (l... 1-8lS .d B.W. 23rd Av... rlpt- ot_trl, )&1.0 b_ .. Lot 0121 ill Block 000 _ ~. Tax Roll. BU8JID'TOa Cov_t., .....t., r..trletlon. ... acr_t. ot r~"', ~, ,- r". --:..~ "\ l' . J;"t:dlll~V ~ , ~ " . " 'Q \:..;.~? FLoal~ ~UF! m = " ~ - ~ Q 3 J '''' [........1 I:: 0 O. 5 SJ == . ..; - .. r.. _ ~ ~ I!':!- ~ llIOi = Ani... ..... -'1 0/ ... ,.,.. ,..,c ..... ...., ,.,. - ... ... .. ..... ....... -' ..." ...,. ... - ..- ... ...,.. ....... 0/ .II _ . I fr. ~ .-.. - ~ no..... -'1 0/...,.,...... '-.......... __.... ~....._ '" III _~ -' ...~........... .........---- ,,,,~liI.::.,,, (C..r-.... .~..~....:.:.~~ ~ ..~_.,..\~.~ .:::..1) .".;...~~ AaI.t. _' . :' I ~ 'J G I.. '~~:~. 'J Aa~. .' . .;'~~Ju.j'" ". .'~.. ,.~.....~ ~ .- ....!i;jJ:J,:. OFF lEe 3121 PC 03S6 ~"_., --_.,--. "\. ,.-..,.,,...,,-'l"~' " , t, : L_L,. I'lry ....L....I,. ., ,IP78. ~ of If'lI\MIlJ1 NEW YORl; GllJUldg of NASSAU I ;J ~en&V Glertifv. nR' on 14,. cIo, In ,I.. ..... ......... ........, s.... ..... COUftl7, ~ _ _ -n-. dul, .......""" ..... ......... ,.."o...U, ",,-.d Robert oJ. Ro.e p......,.,.,..... ..... Robert J. Ro.e. Jr. Great Neck C-lI1Il1tle., lac. .. ....._ 1,_ .. - ,- Ie.. "'" _ ""'-......., "'",.. ',11......_......"...",......,,-'1,...._'-'-' 14. ........... ,h-t Ie .. .,...,. ,.. eel ..... ....., .. ""'" 0"'_ I.. ,I.. _ ..... __ ",""",.....'1 I ..... ",., 14~ o/It.d ~ ".. o/IidoJ -' 01 ...., _....~..... ..... """ ".. ...., ....- ,. ".. eel ..... ....., 01..... ~lJ "._ ;l!itlu r .., I.ond ..... 01/k>W -' ,,,,- 11. cIo, 0/ Jill)' I~I ~~ '. ."n~!j;;;{,: · ~."...O!", ~.' ..,. N-,' "" .' 'J '\:-;- ...:.:.,:= '.';..J ..'r M,C-_......, __' '0"'; 113 .~ ""'~~"'" ; 41)A:",r- ---..:Jit... . .-z:,l ~ . -~=~"".....,;,~~. ........__ . ::'<L 51", , . __.'~l " "-Ye,""", P.,,,, Boeeh COlin;, "- John B. Dunk"; . Clark Circuit Court . OfF lEe 3129 PC 03S7 L. r. - .....~ /' J. '.', J. .,t ",:~~;'>J: ~~,';~'.: "~~l'~~' ,,:1- f: ':::t..~ , '-,'i /;., ':"~OSl..l~E: 1 & ,H THIS AGREEMENT dated November 19 ,1979, between ROBERT J. ROSE, MARIE ROSE, and ROBERT J. ROSE, JR., 230 Middle Neck Road, Great Neck, New York 11021, hereinafter referred to as the "Seller", and SUMJ-IIT INVESTl-IENT (FLORIDA) CORP., or nominee, of Delray Beach, Florida, hereinafter referred to as the "Purchaser" (the words "Seller"and "Purchaser" shall refer to either the plural or the singular for the purpose of this contract}, WIT N E SSE T H: 1. The Seller agrees to sell and convey to the Purchaser, and the Purchaser agrees to buy from the Seller that certain parcel of land situated in the County of Palm Beach, and State of Florida, described as follows: A parcel of land located in Government Lot 12, Section 33, Township 45 South, Range 43 East, City ot Boynton Beach, Florida, being more particularly described 8S follows: . A parcel of land bounded on the West by the right of way of Interstate 95, on the North and East by High Point Apartments Subdivision, and on the South by the right of way of Southwest 23d Avenue and lands owned by the State of Florida (Department of Transportation). Above described parcel contains 5.75 acres, more or less. The purchase price for sai~ parcel which the Seller agrees to accept and the Purchaser agrees to pay to the Seller is the sum of ~ follows: ~ r (I ), payable as at the time of execution and delivery of this agreement; in cash or good certified cheek made payable to the Seller, and a Purchase J.loney Note in the form ani on the terms and conditions set forth in Schedules' A-I and A-2 attached, to be paid 'and delivered by Purchaser to Seller at the time of closing this transaction as hereinafter provided~ Said total purchase price is for a land area oompriainl 5.75 aoreai .aid price shall be ..----- -.- -"".v--..-.,_~~__",,_ . __. " ,. . "'j:"t' ,t ":l ;t; ~, ~'~ !. ~",,""";>"-,' :l ",".i;,:',<rr; ;',.f ~'N-' . " ~:- -....... . ~-,. adjusted to rerlect the actual land area or said parcel as determined by a survey thereof, made and prepared by a Hegistered Surveyor, at Purchaser's expense. The aforesaid earnest' money shall be held in escrow by Spanish River Realtors, Inc., of 2351 North Federal Highway, Boca Raton, Florida, pending the closing or termination of this contract as hereinafter provided. SUBJECT TO: A. Any state of facts an accurate survey may show, provided same does not render title unmarketable. B. Covenants, easements, restrictions or agreements' of record, and applicable zoning regulations. C. The Purchase Money Mortgage to be delivered hereunder. ---., , 11. TIle stipulations aforesaid are to apply to and bind the successors and assigns of the respective parties. IN WITNESS WHEREOF, this agreement has been duly executed by the day and year first above written.- I the - ~7d'~~: k?;;-;f~{ ( " "yl - '-- l () ~.;tbO~)f Marie Rose ~ SUI-INIT I (FL A) CORP, .,.. . ...... - -. .'" ,. ---~ ------.----"""-'"...-.-'-..-. .......- -"'-- l"i: '\i'-f' SUMMiT INVESTMENT FLORIDA CORPORATION 2351 North Federal Highway, Suite 2A . Boca Raton, Florida 33431 . (305) 368-2908 May 20, 1980 City of Boynton Beach cIa Carmin Annunziato City Planner Engineering Building 200 N. Seacrest Blvd. Boynton Beach, Fl 33435 RE: Application for re-zoning 5.70 Acres, North Side, S.W. 23 Avenue (Golf Road), Boynton Beach Dear Sir: Per your request, this letter is to confirm that our President, Peter B. Scott is authorized on behalf of this company to effect the application for re-zoning on the above captioned parcel of land which we have under contract. Yours truly, .;)$1.:"'-<f(J ~ ~~, ..""'.........,,~..,.....~.- :(.. 'iolj. .. ~ 909DOSE SUIl~IOIADltS E (/1 O/ll/llll/U1f J./{:{J-d(YN;/{/ 230 MIDDLC NCCM "OAO QOBEQT J. Q CA~IT"''' .'0, 000, 000 GREAT nEC~'n.Y.l1021 "'HONOI: .,.-....-..00 December 6, 1979 Summit Investment Florida Corp. c/o Spanish River Realty, Inc. 2351 N. Federal Highway Boca Raton, Florida 33431 Re: Lot 12, Section 33, Township 45 South, Ranl!:e 43 East. City of Boynton Beach, Jo'lorida Gentlemen: We hereby give you our consent to make the necessary application to obtain the opening for ingress and egress road north of S.W. 23rd Avenue into the above described property. Also, this will constitute our authorization to make application to the City of Boynton Beach to rezone the above property described to H=3 classification. fY]f P.uD RJR : in SUMMiT INVESTMENT FLORIDA CORPORATION 2351 North Federal Highway, Suite 2A . Boca Raton, Florida 33431 · (305) 368-2908 Planninv '1wl Z0ninp: Boqrd City of Boynton Be8ch Boynton 3eqc~, Floridq August 28, 1980 Gentle"ien, Reference to Chqoter 31 (PUO) of t~e Boynton 3eqch Code, SubsectJon J ('1)-2. ~e believe our deyeloonent DB presente~ is in confor~ity Mit~ the Co~rrehensive Pl'1n qn1 pith the (LUI) l'1nd use intensity-r'1ting 7 and we hqve de~onstrated in the enclosed qoplic8ti0n that sqid c1"eveloollent cO'1lo1ies "'it~ '111 l1iniC1wn re,uire-r,ants of this LUI rqtinvs, as well qs rellqinJng requirements of Chqoter 31. In reference to our orevious sub11ittql, Me h8ve carefully revie-ed the C1'1jor qreqs of concern thqt pere clearly voiced by the neoole fro c.' Rich Point qS "'ell fiS the mellbers of the Zoninv Boqrd. As you will note froC1 the new site olqn, we hqve reduced thp number of" units in our ori".inql olqn from 60 units do',," to 48 units. Our ne',' site 01 qn no-,' cqlls for q 40- f00t "buffer zone" or "TPen qrpq all qround our COTImon oropprty 1 ines, ','hich "lill insure a continU''l.ti0n of the existinrr life style oresently enjoyed by qll of the high P0int resl le'1ts. '.ve hAve eli"lirnted the two-story builiing qnd "'0, feel t'1e ievel')()ment n0'.J c0'11pletely blenis in ,,,,ith tne existin,". Qre8.. Sin~erely, ___-. -- ' ~~ffi1 "/ Peter Scott SUMMiT INVESTMENT FLORIDA CORPORATION ..0(/~ 5-1...1 \3 JJA 2351 North Federal Highway, Suite 2A . Boca Raton, Florida 33431 . (305) 368-2908 Plqnning DeD3rt~ent Ci ty H'3.11 Boynton Besch, Florida August 28,1980 Be: P.U.D. Application 5.7 Acres N.S. of S.~. 23 Ave. (Golf Rd) Boynton Beach, Florida Attn: City Planner De3r Sir, Anent my conversation l'7i th Crsig GrFlbeel this letter is to sU~~3rize our proposed develop~ent to be built on the above c3ptioned pqrcel of land. Our pl~ns call for the c,nstruction of 12 residential Fourolex p~ds 1cith a tot81 of 48 single-story units. E~ch unit -ill h3ve 2 bedrooms, a living roo~, dining are3, kitchen, it - 2 bathrooms and a patio. Total area of e8ch unit will be 1290 square feet !. Ne propose condo~inium ownership in this Adult Community '-hich will be in har~ony with the surrounding retirement develooment of High Point Con':lo:nini U"TIS. Our estim3ted sellin~ price rsn~e should be in the low $60,000's. I trust this letter prOVides suf;icient information for your records. Si~/~) AUG 29 1990 AUG 28 L. ARTHUR E. BARROW MANLEY P.CALOWEl.L.....R. KENNETH W. EDWARDS MADISON r. PACETTI ROBERT C. SALISBURY .J,&.ME5 W. VANCE ........MES R. WOLF" LAW OFFICES CALDWELL, PACETTI, BARROW & SALISBURY ROYAL PARK BUILDING 324 ROYAL PALM WAY PALM BEACH, FLORIDA 33480 MANLEY P. CALDWEL.L. (1901-1971) TELEPHONE (305) 655-0620 P O. BOX 2:775 PLEASE REPLY TO P. O. SOX 2775 August 28, 1980 Carl G. Gezelschap, Esquire P.O. Box 2350 1045 East Atlantic Averrue Delray Beach, FL 33444 Re: Application for P.D.D. Approval of 5.7 acre parcel in the City of BoyntDn Beach, Florida, by Stmmit Inves1.1nent Florida Corp. Dear Mr, Gezelschap: Pursuant to our conversations conceming Planned Unit Developnents in BoyntDn Beach, I have prepared a stateIlEnt of what our office w:mld mrmally look for in the required Unity of Control papers, My major concerns include: 1, That there be legal doct.ments vesting control in the applicant over the entire property. 2, That there be a Declaration of Restrictive Covenants, and the Declaration should specifically layout all limitations on the property, 3. Further, that this docurrent or the Articles of Incorporation or By-laws of the Home Owners' Association or the Condominium Association should spell out who is responsible for the corrmm areas as well as any other responsibilities applicable tD the individual situation. There shall also be some assurance that these responsibilities cannot be delegated, 4. The Declaration of Restrictive Covenants should state that anyone who accepts the deed tD any property within the described PUD shall accept the restrictions and duties as set 'forth in the Declaration. Carl G. Gezelschap, Esquire Page two August 28, 1980 Re: Application for P.U.D. 5. It is our further concern that the Association have the right and ability to make the individual <MIJerS homr their responsibilities for maintenance such as a system of fees, dues or assessments. 1his ~:>uld assure that the corrm:.m areas would be maintained. 6. I also checked to see that there be severe restrictions on the ability for the Association to amend or change the Declaration of Restrictions as well as the fact the statenent that any By-laws or Articles of the Condominium Association shall remain sub- ordinate to the Declaration of Restrictions. 7. We are further concerned with what happens with the corrm:.m areas should there be a tennination of the Association. Should the doCllllEnts deal with all these problems, then they would probably be acceptable and approved. I cannot, however, ccmni.t myself to the approval of any docurents without specifically going aver the particular docurent. It should be also understood that prior to any final approval of the PUD that the doCUlllerltS should be prepared for revieq by the Plarming and Zoning Board, the City Council, and the appropriate City Staff. If I may be of any further assistance, please let lIE know. SiI~cerely. ,,' ~. i I., / , " //'/'// ./ ..-/~// "{'(./ - . r / .1 . .J aIIES R. W:llf pbr cc: Carrren Anrumziato / CALDWELL, PACETTI, BARROW & SALISBURY DECLARATION OF CONOOMINIUM DRAFT ONLY Not To Be Signed establishing a Condominium THIS DECLARATION, llRde this day of , 19 , by corporation (hereinafter called "Declarant"), , a ., WIT N E SSE T H: WHEREAS, the Declarant is the owner in fee simple of the following described real estate situated in Palm Beach County, Florida: Containing square feet or or less (hereinafter called "the Property"); and acres, more WHEREAS, the above-described real estate is to be improved with 12 fourplex residential buildings with a total of 48 two bedroom, two-bath units; and WHEREAS, the Declarant desires to llRke this Declaration for the purpose of submitting the above-described real estate and all buildings thereon and all easements and rights appurtenant " . ( ( thereto to the condominium form of ownership and use pursuant to Chapter 718 of the Florida Statutes (hereinafter called the "Condominium Act"); NOW, THEREFORE, Declarant, for the purpose stated above, declares as follows: 1. SUBMISSION TO CONDOMINIUM OWNERSHIP. The Condominium, as hereinafter defined, is hereby submitted to condominium owner- ship as recognized under the provisions of the Condominium Act and is hereby declared to be a condominium to be identified by the name ~, a Condominium. 2. DEFINITIONS. The terms used in this Declaration and in the exhibits hereto shall have the meanings stated in the Condominium Act and as follows, unless the context requires otherwise: (a) Association means a Florida corporation not for profit, and its successors and assigns. (b) Building means all structures and improvements located on the above-described real estate as shown on the Survey. (c) Bylaws means the Bylaws of the Association, a copy of which is attached hereto and made a part hereof as Exhibit C. (d) Common Elements means all portions of the Con- dominium, other than the Units. (e) Common Expenses means all expenses and assessments properly incurred by the Association for the Condominium, and any valid charge against the Condominium as a whole. -2- (f) Common Surplus means the excess of all receipts of the Association including, but not limited to, assessments, rents, profits, revenues on account of the Common Elements, over the Common Expenses. (g) Condominium means the above-described real estate and all structures and improvements thereon and constructed thereon, including the Buildings, and all leaseholds, easements and rights appurtenant thereto" submitted to condominium ownership. (h) Owner means an owner of a Unit and the undivided share in the Common Elements appurtenant thereto. (i) Regulations means regulations regarding the use and appearance of the Condominium that have been adopted from time to time by the Association in accordance with its Articles of Incorporation and Bylaws. (j) Survey means the survey of the above-described real estate and a graphic description and plot plan of the Buildings showing the Units and Common Elements and their respec- tive locations and approximate dimensions, a copy of which is attached hereto and made a part hereof as Exhibit A. (k) Unit means a part of a Building which is subject to exclusive ownership as designated on the Survey and as identi- fied in Section 3 hereof and, where the context permits, the con- dominium parcel comprised of such Unit and the undivided share in the Common Elements appurtenant thereto. 3. UNITS. (a) Identification. The forty-eight Units in the Buildings shall be identified as Unit I-A, I-B, l-C and I-D, 2-A etc. Each Unit shall consist of the space which is designated for each such Unit on the Survey. (b) Changes in Unit Plans or Boundaries. The interior floor plan of a Unit may be changed by its Owner in accordance with the provisions of this Declaration concerning alteration of -3- c ( Units. No Owner may subdivide a Unit into more than one Unit. 4. SHARE OF COMMON ELEMENTS. The Owner of each Unit shall own an undivided proportionate share of the ownership in the Common Elements appurtenant to.his.Unit as follows: 100.00% 5. SHARE OF COMMON EXPENSES AND COMMON SURPLUS. Each Owner shall be liable, for ~hat proportion of the Common Expenses and shall own that proportion of the Common Surplus as shall equal the proportionate share.in the Common Elements appurtenant to his Unit or Units as set forth in Section 4 of this Declaration. 6. EASEMENTS. (a) Easement for Airspace. The Owner of each Unit shall have an exclusive easement for the use of the airspace occupied by said Unit as it exists at any particular time and as said Unit may lawfully be altered or reconstructed from time to time. (b) Easements for Encroachments. In the event that, by reason of the construction, reconstruction settlement or shifting of any Building, any part of the Common Elements en- croaches or shall hereafter encroach upon any part of any Unit, or any part of any Unit encroaches or shall hereafter encroach upon any part of the Common Elements or of any other Unit, or, if by reason of the design or construction of any Unit, it shall be necessary or advantageous to a Unit Owner to use or occupy any portion of the Common Elements for any reasonable use appurtenant to his Unit, which will not unreasonably interfere with the use or enjoyment of the Common Elements by other Unit Owners, or, if by reason of the design or construction of utility, sewage, ven- tilation or similar systems, any pipes, ducts, conduits, wires or similar equipment serving one or more units encroaches or -4- ( ( shall hereafter encroach upon any part of any other unit, valid easements for the maintenance of such encroachment and for use of the Common Elements are hereby established and shall exist for the benefit of any such Unit and the Common Elements, as the case may be, so long as all or any part of the Building shall remain standing, including easements for entry upon the Common Elements or the servient Unit, foe the purposes. of repairing, maintaining and replacing such pipes, ducts, conduits and related equiment; provided, however, that in no event shall a valid easement for any encroachment or use of the Common Elements or any part of any other Unit be created in favor of a Unit Owner if such encroach- ment or use interferes with the reasonable use and enjoyment of the servient Unit or the Common Elements by the other Unit Owners. (c) All public utilities serving the Property are hereby granted the right to lay, construct, renew, operate and maintain conduits, cables, pipes, wires, transformers, switching apparatus and other equipment into and through the Common Elements and through the Units so long as such use does not interfere with the reasonable use and enjoyment of the Common Elements and the Units for the purpose of providing utility service to the property. (d) An easement is hereby granted for the benefit of (e) Each Unit Owner is granted an easement in and through the Units of the other unit Owners for the purpose of servicing all equipment which is located within easement areas and services his Unit; provided, however, that such entry shall be made in strict compliance with the reasonable rules and regulations of the owner of the servient Unit. -5- ( ( (f) The owner of a Unit which is benefitted by any of the foregoing easements shall have the obligation to keep its equip- ment located in the respective easement areas in good condition and to repair at its own expense, any damage caused to the ser- vient easement area as a result of the creation, existence and maintenance of such easements. (g) All easements and rights described herein are ease- Inents appurtenant, running with the land and, so long as the Property is subject to the.provisions of this Declaration, shall remain in full force and effect and shall inure to the benefit of and be binding on the undersigned, its successors and assigns, and any owner, purchaser, mortgagee and other person having an interest in the Property, or any part or portion thereof. Refer- ence in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and rights described in this article, or described in any other part of this Declaration shall be sufficient to create and reserve such easements and rights to the prospective grantees, mortgagees and trustees of such Units as fully and completely as though such easements and rights were recited fully and set forth_in their entirety in such documents. 7. PARTY WALLS. In those situations where two units share a common wall, by delineating the Units as extending to the center line of such common walls, accordingly, two or more units will be dependent for their structural integrity on the existence and maintenance of a common wall. In order to provide for the existence and maintenance of the common walls, Declarant provides as follows: (al Each wall of the condominium the approximate center line of which separates one Unit from another Unit is defined as a "Party Wall". (b) The owners of the Units separated by a Party Wall have the right to use it jointly. -6- ( ( (c) Each Unit Owner may continue the present use of the Party Wall, including continuation of such use in connection with any alteration or replacement of the particular Unit. However, no openings may be cut in a Party Wall without the consent of the Unit Owners entitled to use such Party Wall, and no Party Wall shall be put to a use that will impair its strength or injure the Unit of any other Unit Owner. (d) If it becomes necessary or desirable to repair or rebuild the whole or any part of a Party Wall, the cost shall be borne by the Unit Owners in proportion to the extent of their use of the wall, or portion thereof af- fected, at that time. Any reconstruction of the Party Wall shall be at the same location as the existing Party Wall, and the reconstructed Party Wall shall be of the same or similar material of the same quality as that used in the existing wall, provided that such modifications in building materials as may be required by any applicable law or ordinance shall be acceptable. (e) The benefits and obligations of these covenants pertaining to Party Walls shall run with Units as long as the Party Walls, or any part thereof, continue to exist. 8. ADMINISTRATION OF THE CONDOMINIUM. The operation of the Condominium shall be by , a corporation not for profit under the laws of Florida, which shall administer the operation and management of the Condominium and undertake and perform all acts and duties incident thereto in accordance with the provisions of this Declaration and the Articles of Incorporation and Bylaws of the Association. True copies of the Articles of Incorporation and \ -7- c ( the Bylaws of the Association are attached hereto and made a part hereof as Exhibits Band C, respectively. Each Owner shall be a member of the Association by virtue of his ownership of a Unit and shall be divested of such membership upon termination of his ownership interest in such Unit. There shall be one (1) vote each allocated to/Unit which votes shall be cast by the Owner or Owners of each Unit in the manner stated in the Bylaws. 9. MAINTENANCE, REPAIRS AND ALTERATIONS. (a) Maintenance and Repair of Units. In order to keep the Condominium in a first class condition, each Owner shall maintain, repair and replace, at his own expense and without disturbing the rights of other Owners, all portions of his Unit as required from time to time including, but not limited to, the following items: interior wall and ceiling paint and other finishes; floor coverings; ap- pliances; electrical and plumbing fixtures and equipment; heating and cooling equipment; screen and glass for exterior windows and doors and trade fixtures. (bl Alteraton and Improvement of Units. Except as elsewhere provided, neither an Owner nor the Association shall make any alterations to any Unit which would adversely affect the safety or soundness of the Building, or impair any easement, without first obtaining the written approval of the Owners of all or the Building Units/in which the work is to be done. (cl Emergency Entry and Repairs. The Association or any person authorized by it shall have the right to enter any Unit for the purpose of making repairs to abate or remedy any emergency originating in or threatening any Unit provided every OWner or hls reasonable effort is made first to contact the/Designated Agent for such Unit whose identity and address shall be provided to the association by the Unit Owner. If the repair thus made was one for which an Owner was responsible, the cost thereof shall be assessed against such Owner. -8~ ( ( 10. ASSESSMENTS. The making and collection of assessments against the Owners for Common Expenses shall be pursuant to the Bylaws and subject to the following provisions: (a) Shares of Common Expenses. Each Owner shall be liable for a proportionate share of the Common Expenses, and shall share in the Common Surplus, those shar~s being th~ same as the undivided share in the Common Elements appurtenant. to the Units owned by him. (b) Interest. The portions of assessments and in- stallments thereof not paid when due shall bear interest at the rate of ten percent (10%) per annum from the date when due until paid. All payments upon account shall be applied first to in- terest and then to the assessment payment first due. (c) Waiver. No Owner may avoid liability for any assessment levied against such Owner or his Unit by waiver of the use or enjoyment of any Common Elements or by abandonment of the Unit for which the assessment .is ,made or by any other action. (d) Lien to Secure Payment. The Association is hereby given a lien to secure payment of assessments imposed by the Association together with interest thereon and all costs of col- lecting such assessments or installments thereof, including rea- sonable attorneys' fees whether or not suit be brought. Such lien may be foreclosed by suit brought in the name of the Asso- ciation in like manner as a foreclosure of a mortgage on real property. In any such foreclosure the Owner shall be required to pay to the Association a reasonable rental for the Unit for the period from the default sued upon to the payment of all sums due, and the Association shall be entitled to the appointment of a receiver to collect such rent. (e) Certificate of Payment. Any Owner of a Unit or the holder of a mortgage or other lien upon a Unit may require the Association to furnish a certificate showing the amount of -9- ( ( unpaid assessments against him with respect to such Unit. Any person other than the Owner who relies upon such certificate shall be protected thereby. 11. INSURANCE. (a) Coverage. The Association shall obtain and maintain the following insurance: (i) Casualty insurance on the Building~,including the Units and Common Elements against loss or damage by fire and other hazards covered by a standard extended coverage indorsement, and against vandalism, malicious mischief and such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use as the BuildingS, cover- ing the interests of the Association and all Owners and their mortgagees as their interests may appear in an amount equal to the full replacement value of each Build- ing, without deduction for depreciation, but exclusive of excavation and foundation costs and that part of "the value of each Unit occasioned by improvements after the date of recording of the Declaration, which value shall be deter- mined annually by the Association; each policy shall con- tain a standard mortgagee clause in favor of each mort- gagee of a Unit, shall be without contribution with respect to other insurance carried by the Owners, and shall waive the insurer's right to subrogation against the Association, its officers and directors, and the Owners. (ii) Public liability insurance covering the Asso- ciation, its officers, the members of its board of direc- tors, the Owners, the managing agent, if any, and their respective employees and agents, in such amounts and with such coverage as the board of directors of the Association shall determine annually, including but not limited to hired automobile and nonowned automobile coverages, and with cross liability endorsements to cover the claims of one or more insured parties against other insured parties. -16- ( ( (iii) Workmen's compensation insurance sufficient to meet the requirements of law. (iv) Such other insurance as the board of direc- tors of the Association shall determine from time to time to be necessary or desirable. (b) Policies. All insurance policies shall be issued by an insurance company authorized to do business in Florida, and shall be held in the custody of the board of directors of the Association. A duplicate original of each casualty insurance policy and all renewals thereof, together with proof of payment of premiums, shall be furnished by the board of directors of the Association upon request to each mortgagee at leas~ ten days prior to the expiration of the then current policies. (c) Premiums. Premiums on insurance policies pur- chased by the Association shall be paid by the Association as a Common Expense. (d) Association as Agent. The Association is hereby irrevocably appointed as agent for each Owner and for each owner of a mortgage or other lien upon a Unit to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims. (e) Distribution of Proceeds. The proceeds of all insurance policies shall be paid to the board of directors of the Association for the benefit of the insured parties. The board of directors of the Association may engage the services of any bank or trust company authorized to do business in Florida to act as trustee on behalf of the board of directors for the purpose of receiving and disbursing the insurance proceeds resulting from any loss, upon such terms as the board of directors shall deter- mine consistent with the provisions of this Declaration. If any loss shall exceed $50,000.00 in the aggregate, or if any loss re- sults in the destruction of the major portion of a Unit and the Owner or mortgagee of such Unit demands in writing the appoint- ment of a trustee, then in either such event the board of -11- c_ ( directors of the Association shall engage a trustee as aforesaid. The fees of such trustee shall be Common Expenses. (f) Owners' Insurance. Owners may obtain other insurance for their own benefit, provided that all casualty insurance policies carried by each Owner shall be without contribution with respect to policies of casualty insurance carried by the Association. 12. REPAIR AND RESTORATION AFTER CASUALTY. In the event of damage to or destruction of any Building as a result of fire or other casualty, the Association shall arrange for the prompt repair and restoration of SUChBuilding (including any damaged Units but not including any wall, ceiling or floor decorations or coverings or any furniture, fixtures or equipment installed therein by an Owner) and the Association or trustee, as the case may be, shall distribute the proceeds of all insurance policies to the contractors engaged in such repair and restoration in appropriate progress payments; provided, however, that such repair and restoration shall not be undertaken if the Owners and first mortgagees shall elect to terminate the Condominium within 45 days after such damage or destruction. Any costs of such repair and restoration in excess of the insurance proceeds shall be shared by and assessed to the Owners in proportion to their respective undiv~ded shares in the Common Elements. If such re- pair and restoration is not undertaken, or if the insurance proceeds exceed the cost of such repair and restoration, the net insurance proceeds shall be held for the benefit of the Owners in proportion to their respective undivided shares in the Common Elements and for the benefit of their mortgagees, and shall be distributed to the Owners and their mortgagees by remittances made payable jointly to them. -12- 13. USE RESTRICTIONS. (a) Units. Each unit shall be used only as a single ramily residence and ror no other uses or purposes. -' (b) Nuisances. No nuisances shall be allowed upon the Condominium nor any use or practice that is the source of annoy- ance to occupants or which .interfereswith the peaceful posses- sion and proper use of the Condominium. by the occupants. All parts of the Condominium shall ge kept in a clean and sanitary condition, and no rubbish~ refuse or garbage allowed to accu- mulate nor any fire hazard allowed to exist. No Owner shall permit any use of his Unit or make any use of the Common Elements that will increase the cost of insurance upon the Condominium above that required when the Unit is used for the permitted pur- poses. (c) Lawful Use. No immoral, improper, offensive or unlawful use shall be made of the Condominium or any part of it, and all valid la~s, zoning ordinances and regulations of all. governmental bodies having jurisdiction shall be observed. The responsibility of meeting the requirements of governmental bodies for the maintenance, modification or repair of the Condominium shall be that of the person required hereunder to maintain or repair the property concerned. (d) Regulations. Reasonable Regulations concerning the use and appearance of the Condominium may be made and amended from time to time by the board of directors of the Association in -13- ( ( the manner provided by the Articles of Incorporation and Bylaws. Copies of those Regulations and amendments shall be furnished by the board of directors of the Association to all Owners and occupants of the Condominium upon request. (el Leasing. Allor any portion of a Unit may be leased by the Owner of such Unit for any purpose permitted by this Declaration. (fl Sale. All of a Unit may be sold by an Owner to be occupied for any purpose permitted by this Declaration. 14. CONDEMNATION. (al Deposit of Awards. The taking of all or part of the Condominium by eminent domain shall be deemed to be a casualty, and the awards for such taking shall be deemed to be proceeds from insurance on account of the casualty and shall be deposited with the Association or the trustee as des- cribed in Section ll(el. In the event that an award shall be payable to an Owner, he shall deposit the award with the Associa- tion or trustee; and in the event of failure to do so, in the discretion of the board of directors of the Association, a spe- cial assessment shall be made against him in the amount of-his award, or the amount of such award shall be set off against the sums hereafter made payable to such Owner. (bl Complete Condemnation. If the taking is of all or substantially all of the Condominium, then the Condominium shall be terminated and the awards for the taking shall be distributed to the Owners in proportion to their respective ownership shares in the Common Elements, such remittances being payable jointly to each Owner and his mortgagees. -14- : ( ( (c) Partial Condemnation. If the taking is of less than all or substantially all of the Condominium, then there shall be such division and application of the awards, and such adjustments of ownership in the Common Elements, and such other adjustments, as shall be fair and equitable under the circum- stances, taking into account the following factors and guide- lines: (i) If any Unit shall be reduced in size but remain tenantable, the portion of the award attributable to said Unit should be distributed jointly to the Owner of the Unit and his mortgagee, and such Owner's share in the Common Elements appurtenant to his Unit should be equit- ably reduced and the shares of the other Owners equitably increased. (ii) If the taking destroys a Unit or reduces it so that it is no longer tenantable, then such taking shall terminate the interest of the Owner thereof in the Con- dominium, the portion of the Unit not taken shall become part of the Common Elements, and the interests of the remaining Owners in the Common Elements shall be equitably adjusted. The award attributable to such Unit shall be used to pay to the Owner of such Unit its fair market value, such remittance to be made jointly to the Owner and his mortgagee, and any balance of the award should be applied to place the remaining portion of the Unit in con- dition for use by all of the Owners as a Common Element. Any deficiency in funds required to restore Common Ele- ments shall be assessed as a Common Expense. (iii) If the taking is of a portion of the Common Elements, without taking any part of a Unit, every reasonable effort shall be made to replace or restore same, and the award shall be applied for such purposes. If after restoration or replacement is completed there -15- , , ( ( remains any unexpended portion of the award, it shall be distributed in such manner as shall be fair and equitable under the circumstances, taking into account the degree to which the various Owners have been adversely affected by such taking. (d) Arbitration. If the parties concerned are unable to agree upon what division or other adjustments are fair and equitable within sixty days after the condemnation award has been made, then the matters in dispute shall be determined by arbitra- tion in accordance with the then existing rules of the American Arbitration Association. The cost of arbitration shall be as- sessed against all Owners in proportion to their shares in the Common Elements as they existed prior to the changes effected by the condemnation. (e) Amendment of Declaration. The changes in Units, in the Common Elements, and in the ownership of the Common Ele- ments which are effected by eminent domain shall be evidenced by an amendment of this Declaration which need be approved only by a majority of the board of directors of the Association. 15. COMPLIANCE AND DEFAULT. Each Owner and the Associa- tion shall be governed by and shall comply with the terms of this Declaration, the Articles of Incorporation of the Association and the Bylaws and Regulations adopted pursuant to those documents, and all of those documents and Regulations as they may be amended from time to time. The Association and Owners shall be entitled to the following relief in addition to the remedies provided by the Condominium Act: (a) Negligence. An Owner shall be liable for the expense of any maintenance, repair or replacement made necessary by his negligence or by that of any member of his family or his or their guests, employees, agents, invitees or lessees, but only to .the extent that the expense is not met by the proceeds of insurance carried by the Association. -16- ( ( (b) Costs and Attorneys' Fees. In any proceeding arising because of an alleged failure of an Owner or the Asso- ciation to comply with the requirements of the Condominium Act, this Declaration, the Articles of Incorporation of the Associa- tion, the Bylaws, or the Regulations, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees as may be awarded by the court. (c) Waiver. The failure of the Association or any Owner to enforce any covenant, restriction or other provision of the Condominium Act, this Declaration, the Articles of Incorpora- tion of the Association, the Bylaws or the Regulations shall not constitute a waiver of the right to do so thereafter regardless of the number of violations or breaches which may occur. (d) Rights Cumulative. All rights, remedies and privileges granted to the Association or the Owners pursuant to this Declaration, the Articles of Incorporation of the Associa- tion, the Bylaws or the Regulations shall be deemed to be cumu- lative, and the exercise of anyone or more shall not be deemed to constitute an election of remedies, nor shall it preclude the party thus exercising the same from exercising such other and additional rights, remedies or privileges as may be available at law or in equity. 16. AMENDMENT. Except as otherwise provided in Section 14(e), this Declaration may be amended by an instrument in writing adopted by a resolution approved by the Association and by all Owners and by all record owners of all mortgages on the Units. A copy of each amendment shall be attached to a cer- tificate of the Association certifying that the amendment was duly adopted, which certificate shall be executed by the appro- priate officers of the Association with the formalities of a deed. The amendment shall be effective when such certificate and the copy of the amendment are recorded in the Public Records of Palm Beach County, Florida. -l~- : ( ( 17. TERMINATION. Procedure. The Condominium shall be terminated and removed from the provisions of the Condominium Act upon the taking of all or substantially all of the Condominium by power of eminent domain or at any time by the written agreement of all Owners and first mortgagees. The agreement shall be executed with the formalities of a deed, and shall become effective when recorded in the Public Records of Palm Beach County, Florida. 18. COVENANTS RUNNING WITH THE LAND. All provisions of this Declaration shall be construed to be covenants running with the land and shall be binding upon and inure to the benefit of any person having at any time any interest or estate therein and his heirs, executors, administrators, successors and assigns. 19. MISCELLANEOUS. (a) Severability. The invalidity in whole or in part of any covenant or restriction or any section, subsection, sentence, clause, phrase, word, or other provision of this Declaration, the Articles of Incorporation of the Associa- tion, the Bylaws or Regulations shall not affect the validity of the remaining portions thereof. (b) Gender. Whenever the context so requires, the use of the plural shall include the singular, the use of the singular shall include the plural, and any gender shall be deemed to in- clude all genders. (c) Approval. Whenever approval or consent is required of any person or entity, such approval or consent shall not be unreasonably withheld, and where approval or consent is required of the Association, it shall be by a majority of the board of directors of the Association, and evidence of such consent or approval by the Association shall be by certification of the same by the appropriate officers of the Association. -18- ( ( (d) Construction. The provisions of this Declaration shall be liberally construed to effectuate a uniform plan for the operation of a first-class condominium property. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed in its name by its President and its corporate seal to be affixed hereto and attested by its secretary the day and year first above written. By -DRAFT ONLY Not To Be Signedesident Attest: Secretary Signed, sealed and delivered in the presence of: -19- (' ( STATE OF FLORIDA ) ) SS. COUNTY OF PALM BEACH) Before me, the undersigned authority, personally appeared and known to me to be the President and Secretary, respectively, of corporation, and severally acknowledged to and before me that they executed the foregoing instrument as such officers of said corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that it was affixed to said instrument by due and regular corporate authority, and that said instrument is the free act and deed of said corporation. WITNESS my hand and official seal at Beach, Palm Beach County, Florida, this ____ day of , 1979. Notary Public, State of Florida at Large My commission expires: -20- Exhibi t A to Declara.tion of Condominium SURVEY OF PROPER1Y ( . ( DRAFT ONLY Not To Be Signed Exhibit B to Declaration of Condominium establishing ARTICLES OF INCORPORATION OF CONDOMINIUM ASSOCIATION, INC. A corporation not for profit under the laws of the State of Florida The undersigned, by these Articles, associate themselves for the purpose of forming a corporation not for profit under Chapter 617 of the Florida Statutes and certify as follows: ARTICLE I Name of Corporation The name of the corporation shall be CONDOMINIUM ASSOCIATION, INC. (hereinafter called the "Association"). ARTICLE II Purpose The purpose for which the Association is organized is to provide an entity, pursuant to the Condominium Act of the State of Florida, which shall be responsible for the operation of a condominium, located in the City of Boynton Beach, Palm Beach County, Florida, known as a Condominium (herein- after called the "Condominium") which has been established by the recordation in the Public Records of Palm Beach County, Florida, of a Declaration of Condominium (hereinafter called the "Declaration") made by , corporation. A complete description of the Condominium, including a legal description thereof, is contained in the Declaration. As used in these Articles, the terms "Common Elements", "Common Expenses", "Owner" and "Unit" shall have the same meanings as defined in the Declaration. ( ( ARTICLE III Term The Association shall have perpetual existence. ARTICLE IV Powers A. General. The Association shall have all of the common law and statutory powers of a corporation not for profit under the laws of Florida which shall not conflict with the terms of these Articles. B. Enumeration. The Association shall have all of the powers and duties set forth in the Condominium Act and in the Declaration, and all of the powers reasonably necessary for the operation'of the Condominium, including but not limited to the following: 1. To make and establish reasonable Regulations governing the use and appearance of the Condominium or portions thereof; provided, however, that all such Regulations shall be approved in writing by the entire membership of the Association before they shall become effective; 2. To levy and collect assessments against Members of the Association to defray the Common Expenses of the Condominium, and to use the proceeds of assessments in the exercise of its powers and duties; 3. To maintain, repair, replace and operate the Condominium and the property comprising the same, including the right to reconstruct improvements after casualty and to make further improvements of and additions to the Condominium; 4. To repair and improve or alter the Condominium, and to repair and restore the Condominium or portions thereof after damage or destruction as a result of condemnation or eminent domain proceedings; -2- ( ( 5. To employ and dismiss personnel necessary for the maintenance and operation of the Condominium; 6. To contract for the operation and management of the Condominium and to delegate to the contracting party all of the powers and duties of the Association except those that are specifically required by the Declaration to have approval of the Board of Directors or the membership of the Association; 7. To purchase, lease or otherwise acquire, in the name of the Association or its designee, Units offered for sale or lease or surrendered by their Owners to the Association, and to purchase Units at foreclosure or other judicial sales in the name of the Association or its designee; 8. To sell, lease, mortgage, vote the votes appur- tenant to or otherwise deal with Units acquired by, and to sublease Units leased by, the Association or its designee; 9. To buy, lease or otherwise acquire both real and personal property for use with the Condominium, and to sell, lease, or otherwise dispose of property so acquired; 10. To obtain insurance upon the Condominium and for the protection of the Association and its members, directors and officers; and 11. To enforce the provisions of the Condominium Act, Declaration, these Articles of Incorporation, the Bylaws of the Association, and the Regulations governing the use and appearance of the Condominium. ARTICLE V Members A. Membership. The Members of the Association shall consist of all of the record Owners of units in the Condominium. After the Condominium and the Association shall have been cre- ated, change of membership in the Association shall be effected -3- ( ( by the recordation in the Public Records of Palm Beach County, Florida, of a deed or other instrument establishing a record title to a Unit in the Condominium and by the delivery to the Association of certified copy of such instrument, the Owner designated by such instrument shall thereby become a Member of the Association and the membership of the prior Owner of such Unit shall thereby be terminated with respect to that Unit. If the Condominium shall be terminated, the Members of the Asso- ciation shall consist of those persons who shall be Members at the time of such termination, and their successors and assigns. B. Assignment. The share of a Member in the funds and assets of the Association may not be assigned, hypothecated or transferred in any manner except as an appurtenance to the Unit with respect to which such share is held. C. Voting. On all matters on which the Members shall be entitled to vote, there shall be one vote for each Unit which votes may be exercised or cast by the Owner or Owners of each Unit in such manner as may be provided in the Bylaws hereafter adopted by the Association. Should any Member own more than one Unit, such Member shall be entitled to exercise or cast such number of votes as are herein allocated to the Units owned by him. ARTICLE VI Directors A. Number and Qualification. The Board shall consist of that number of directors (but not less than three) determined by the Bylaws, and in the absence of such determination shall con- sist of four directors. B. Election and Removal. Directors of the Association shall be elected at the annual meeting of the Members in the -4- ( ( manner determined by the Bylaws. Directors may be removed and vacancies on the Board of Directors shall be filled in the manner provided by the Bylaws. C. Powers and Duties. All of the powers and duties of the Association existing under the common law, the Condominium Act and other statutes, the Declaration, these Articles and the Bylaws shall be exercised exclusively by the Board of Directors, its agents, contractors or employees, subject only to approval by the Owners when specifically required. D. First Directors. The names and addresses of the members of the first Board of Directors, who shall hold office until their successors are elected and have qualified, or until removed, are as follows: ARTICLE VII Officers A. Designation and Qualification. The affairs of the Association shall be administered by a President, Vice President, Secretary and Treasurer elected by the Board of Directors. The President shall be elected from among the members of the Board of Directors, but no other officer need be a director. The same person may hold two offices, the duties of which are not incom- patible; provided, however, that the offices of President and Vice-President or of President and Secretary shall not be held by the same person. -5- ( ( B. Election and Term. The officers shall be elected by the Board of Directors at its first meeting following the annual meeting of the Members of the Association and shall serve for the term of one year and until their respective successors have been elected and qualified or until removed, but any officer may be elected to successive terms of office. C. First Officers. The names and addresses of the officers who shall serve until their successors are designated by the Board of Directors are as follows: ARTICLE VIII Bylaws The original Bylaws of the Association shall be adopted by the Board of Directors and may be altered, amended or rescinded by the directors and Members only in the manner provided by the Bylaws. ARTICLE IX Indemnification Every officer and every director of the Association shall be indemnified by the Association against all expenses and lia- bilities, including counsel fees reasonably incurred by or im- posed on him in connection with any proceeding or settlement of any proceeding to which he may be a party or in which he may be- come involved by reason of his being or having been a director or officer of the Association whether or not he is a director or officer at the time such expenses are incurred, except with re- gard to expenses and liabilities incurred for any of the follow ing: a. Breach of the fiduciary relationship provided by Section 718.111(1), Florida Statutes. -6- , ~ ( ( b. Willful and knowing failure to comply with the provi- sions of the Condominium Act, the Declaration, these By-Laws or the Articles of Incorporation. In the event of settlement prior approval by the Board of Directors that such settlement is in the best interest of the Association is required. The foregoing right of indemnification shall be in addi- tion to, and not exclusive of, all other rights to which such directors or officers may be entitled. ARTICLE X Amendments Amendments to the Articles of Incorporation shall be proposed and adopted in the following manner: A. Notice. Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which a proposed amendment is considered. B. Adoption. A resolution adopting a proposed amend- ment may be proposed either by the Board of Directors or by the Members of the Association and must receive approval of three- fourths of the entire membership of the Board of Directors and the approval of the entire memberShip of the Association. Directors and Members not present in person or by proxy at the meeting considering the amendment may express their approval in writing, provided such approval is delivered to the Secretary at or prior to the meeting. C. Limitation. Notwithstanding the foregoing pro- visions, no amendment shall make changes in the qualifications for membership or the voting rights of Members without the approval in writing of all record owners of mortgages upon the Condominium, and no amendment shall be made which is in conflict with the Condominium Act or the Declaration. D. Effective Date. A copy of each amendment shall be certified by the Secretary of State and shall be ef~ective when recorded in the Public Records of Palm Beach County, Florida. -7- ( ( ARTICLE XI Subscribers The names and residences of the subscribers to these Articles of Incorporation are as follows: IN WITNESS WHEREOF, the subscribers have hereunto set their hands and seals this day of , 1979. Not To Be Signed STATE OF FLORIDA COUNTY OF PALM BEACH ~ On this day of , 19 , before me, a Notary Public in-and for said County and State, personally came . to me well known to be the persons described as subscribers in and who executed the foregoing Articles of Incorporation, and they duly acknowledged to me that they executed the same for the purposes therein expressed. Notary Public My Commission Exipires: -8- ( '- ( DRAFT ONLY Not To Be Signed Exhibit C to Declaration of Condominium establishing BY-LAWS OF CONDOMINIUM ASSOCIATION, INC. A corporation not for profit under the laws of the State of Florida I. IDENTITY. These are the By-Laws of CONDOMINIUM ASSOCIATION, INC. (hereinafter called the "Association"), a cor- poration not for profit under the laws of the State of Florida. The Articles of Incorporation of the Association were filed in the office of the Secretary of State of the State of Florida on , 19 The Association has been organized for the purpose of operating a condominium located in the City of Beach, Palm Beach County, Florida, known as a Condominium (hereinafter called the "Condominium"), which has been established by the recordation in the Public Records of Palm Beach County, Florida, of a Declaration of Condominium (herein- after called the "Declaration") made by corporation. A complete descrip- tion of the Condominium, including a legal description thereof, is contained in the Declaration. As used in these Bylaws, the terms "Common Expenses", "Owner" and "Unit" shall have the same meanings as defined in the Declaration~ 1. Office. The office of the Association shall be at , Florida 2. Fiscal Year. The fiscal year of the Association shall be the calendar yea~. ( ( 3. Seal. The seal of the corporation shall bear the name of the corporation, the word "Florida", the words "Corporation not for profit" and the year of incorporation. II. MEMBERS. 1. Annual Meetings. The annual Members' meeting shall be held at the office of the corporation at , Florida, at 8:00 p.m. on the first Tuesday of of 198 and of each succeeding year thereafter for the purpose of electing Directors and transacting any other business authorized to be transacted by the Members, provided, however, if that day is a legal holiday, the meeting shall be held at the same hour on the next succeeding day which is not a holiday. 2. Special Meetings. Special Members' meetings shall be held whenever called by the President or by a majority of the Board of Directors, and must be called by such officers upon receipt of a written request from any Member. 3. Notice. Written notice of all Members' meetings stating the time and place and the objects for which the meeting is called shall be given by the President or Secretary, unless waived in writing. A copy of the notice shall be posted in a conspicuous place on the Condominium and a copy shall be de- livered or mailed by certified mail to each Member entitled to attend the meeting at his address as it appears on the books of the Association. The posting, delivery or mailing of the notice shall be effected not less than fourteen (14) days nor more then sixty (60) days prior to the date of the meeting. Proof of such posting, delivery or mailing shall be given by the affidavit of the person giving the notice. Notice of meeting may be waived before or after the meeting. -2- ( ( 4. Quorum. A quorum at Members', meetings shall consist oVpersons entitled to cast of the votes of the entire mem- bership. The joinder of a Member in the action of a meeting by signing and concurring in the minutes thereof shall constitute the presence of such Member for the purpose of determining a quorum. 5. Voting. There shall be one (1) vote for each Unit which vote may be exercised or cast by the Owner or Owners of each Unit. The votes of the Owners of a Unit owned by more than one person or by a corporate or other entity shall be cast by the person named in a certificate signed by all of the Owners of the Unit and filed with the Secretary of the Association. Such certificate shall be valid until revoKed by a subsequent certificate. If such a certificate is not on file, the vote of such Owners shall not be consider~d in determining the requirements for a quorum nor for any other purposes. 6. Proxies. Votes may be cast in person or by proxy. Proxies may be made by any person entitled to vote, shall be valid only for the particular meeting designated therein, and must be filed with the Secretary before the appointed time of the meeting. 7. Approvals. Approval or disapproval of an Owner upon any matter, whether or not the subject of an Association meeting, shall be by the same person who would cast the vote of such Owner if in an Association meeting. 8. Adjourned Meetings. If any meeting of Members cannot be organized because a quorum has not attended, the Members who are present either in person or by proxy may adjourn the meeting from time to time until a quorum is present, provided notice of the adjourned meeting is given in the manner required for notice of a meeting. -3- ( ( 9. Order of Business. The order of business at annual Members' meetings, and, as far as practicable at all other Members' meetings, shall be: (a) Call to order by President. (b) Election of chairman of the meeting. (c) Calling of the roll and certifying of proxies. (d) Proof of notice of meeting or waiver of notice. (e) Reading and disposal of any unapproved minutes. (f) Report of officers. (g) Election of Directors. (h) Unfinished business. (i) New business. (j) Adjournment. III. DIRECTORS. 1. Number and Qualification. ']he Board of Directors shall consist of members, one of whom shall be elected by the Owners of Building 1, one of whom shall be elected by the Owners of Building 2 etc. Only Owners of Units shall be Directors (or if an O~mer is a trustee of a trust, a Director may be a beneficiary of such trust, and if an Owner or such beneficiary is a corporation or partnership, a Director lffiY be an officer, director or partner of such Owner or beneficiary). 2. Election. The first Board of Directors shall consist of the four Directors named in the Articles of Incorporation of the Association, each of whom shall serve until the first annual meeting of the Members and subsequently until his successor is duly elected or until he is removed in the lffinner elsewhere pro- vided. At each annual Members' meeting the Directors shall be elected. One Director shall be elected by the Owners of Units in each Building. _!+- ( ( Any Director may be removed upon the written direction of the Owners who elected such Director. Any vacancy in the Board of Directors, whether created by removal or otherwise, shall be filled by the vote of the Owners who elected the Director whose position is vacant. 3. Term. Each Director shall serve until the next annual Members' meeting and subsequently until his successor is duly elected and qualified or until he is removed in the manner else- where provided, but any Director may be elected to successive terms of office. 4. Annual Meetings. An annual meeting of the Board of Directors shall be held within ten (10) days following the annual Members' meeting at such place and time as shall be fixed by the Directors at the meeting at which they were elected, and no further notice of such annual meeting shall be necessary, except that notice of such annual meeting shall be posted conspicuously on the Condominium at least 48 hours in advance of the meeting. All meetings of the Board of Directors shall be open to all Owners. 5. Special Meetings. Special meetings of the Directors may be called by the President and must be called by the Secre- tary at the written request of one-half of the Directors. Not less than three days' notice of the meeting shall be given to each Director personally or by mail, telephone or telegraph, which notice shall state the time, place and purpose of the meet- ing. Notice of a special meeting shall be posted conspicuously on the Condominium at least 48 hours in advance of the meeting, except in an emergency. 6. Waiver of Notice. Any Director may waive notice of a meeting before or after the meeting, and such waiver shall be deemed equivalent to the giving of notice. 7. Quorum. A quorum at Direct?rs' meetings shall consist of 3/4 of the entire Board of Directors. The acts of the Board approved -5- ( ( by a majority of the Directors shall constitute the acts of the Board of Directors except as specifically otherwise provided in the Declaration of Condominium. If at any meeting of the Board of Directors there be less than a quorum present, the majority of those present may adjourn the meeting from time to time until a quorum is present. At an adjourned meeting any business which might have been transacted at the meeting as originally called may be transacted without further notice. The joinder of a Di- rector in the action of a meeting by signing and concurring in the minutes thereof shall constitute the presence of such Direc- tor for the purpose of determining a quorum. 8. Presiding Officer. The presiding officer of Direc- tors' meetings shall be the chairman of the Board if such an officer has been elected; and if none, then the President shall preside. In the absence of the presiding officer, the Directors present shall designate one of their number to preside. 9. Directors' Fees. Directors' fees, if any, shall be determined by the Members. IV. POWERS AND DUTIES OF THE BOARD OF DIRECTORS. All the powers and duties of the Association existing under the common law, the Condominium Act and other statutes, the Declaration, the Articles of Incorporation and these Bylaws shall be exercised by the Board of Directors, its agents, contractors or employees, subject only to approval by Owners when specifical- ly required. V. OFFICERS. 1. Designation and Election. The officers of the Asso- ciation shall be a President, who shall be a Director, a Vice President, a Secretary and a Treasurer all of whom shall be elected annually by the Board of Directors at each annual meeting -6- ( ( of the Directors and may be peremptorily removed at any meeting by concurrence of three-fourths of all of the Directors, but any officer may be elected to successive terms of office. Any person may hold two or more offices except that the President shall not also be the Vice President or Secretary. The Board of Directors shall from time to time elect such other officers and designate their powers and duties as the Board determines necessary to manage the affairs of the Association. 2. President. The President shall be the chief executive officer of the Association. He shall have all the powers and duties which are usually vested in the office of president of an association, including but not limited to the power of appointing committees from among the members from time to time, as he may in his discretion determine appropriate, to assist in the conduct of the affairs of the Association. 3. Vice President. The Vice President shall in the ab- sence of or disability of the President exercise the powers and duties of the President. He shall also generally assist the President and exercise such other powers and perform such other duties as shall be described by the Directors. 4. Secretary. The Secretary shall keep the minutes of all proceedings of the Directors and the Members. He shall attend to the giving and serving of all notices required by law. He shall have custody of the seal of the Association and shall affix the same to instruments requiring a seal when duly signed. He shall keep the records of the Association, except those of the Treasurer, and shall perform all other duties incident to the office of secretary of an association-and as may be required by the Directors or the President. 5. Treasurer. The Treasurer shall have custody of all property of the Association, including funds, securities and evidence of indebtedness. He shall keep the books of the Asso- ciation in accordance with good accounting practices; and he shall perform all other duties incident to the office of Treasurer. -7- ( ( 6. Compensation. The compensation, if any, of all of- ficers and employees shall be fixed by the Directors. The pro- vision that Directors' fees shall be determined by the Members shall not preclude the Board of Directors from employing a Direc- tor as an employee of the Association nor preclude the contract- ing with a Director for the management of the Condominium. VI. FISCAL MANAGEMENT. 1. Budget. (a) The Board of Directors shall adopt a detailed budget for each fiscal year which shall include the estimated funds required to pay all anticipated Common Expenses of the Association for the year. To the extent that the assess- ments and other cash income collected by the Association during the preceding year shall be more or less than the expenditures for such preceding year, the surplus or deficit, as the case may be, shall also Dc taken into account. The annual budqet shall also take into account all anticipated net available cash income for the year from the lease, operation or use of the Common Ele- ments. The annual budget shall provide for a reserve for contin- gencies for the year and a reserve for replacements, in reason- able amounts as determined by the Board of Directors, and shall set forth the proposed assessment against each Owner. (b) Copies of a proposed budget and proposed assess- ments shall be delivered or mailed to each Member not less than 30 days prior to the meeting of the Board of Directors at which the proposed budget will be considered for adoption, together with a written notice of the time and place of that meeting. No budget which provides for assessments against the Owners in any fiscal year exceeding 125% of the assessments for the preceding of' 3/4- fiscal year shall be approved without the approval/of all Owners. If the budget is amended subsequently, a copy of the amended budget shall be furnished to each Member. -8- ( ( . 2. Assessments. Assessments against the Owners for their shares of the items of the budget shall be made by the Board of Directors for the fiscal year annually in advance on or before December 20 preceding the year for which the assessments are made. The amount required from each Owner to meet the annual budget shall be divided into four equal assessments, one of which shall be due on the first day of each calendar quarter of the year for which the assessments are made. If assessments are not made annually as required, quarterly assessments shall be pre- sumed to have been made in the amount of the last prior quarterly assessment, and assessments in this amount shall be due on the first day of each calendar quarter until changed by an amended assessment. In the event a quarterly assessment shall be insuf- ficient in the judgment of the Board of Directors to provide funds for the anticipated Common Expenses for the ensuing quarter and for all of the unpaid Common Expenses previously incur~ed, the Board of Directors shall amend the budget and shall make amended quarterly assessments for the balance of the year in sufficient amount to meet these expenses for the year. 3. Assessments for Charges. Charges by the Association against Members for other than Common Expenses shall be payable in advance. Such charges shall be made only when authorized by the Declaration. Such charges may be collected by assessment in the same manner as Common Expenses and, when circumstances permit, those charges shall be added to the assessments for Common Expenses. 4. Assessments for Emergencies. Assessments for Common Expenses of emergencies that cannot be paid from the annual assessments for Common Expenses shall be due only after 30 days' notice is given to the Owners concerned, and shall be paid in such manner as the Board of Directors may require in the notice of assessment. -9- ( ( 5. Depositories. The depositories of the Association shall be such bank or banks as shall be designated from time to time by the Board of Directors in which the moneys of the"Asso- ciation shall be deposited. Withdrawals of moneys from such accounts shall be only by checks signed by such persons as are authorized by the Board of Directors. 6. Audit. An audit of the accounts of the Association shall be made annually by a certified public accountant if such an audit is requested in writing by any Member. The cost of the audit shall be paid by the Association, and a copy of the audit report shall be furnished to each Member not later than April 1st of the year following the year for which the report is made. 7. Bonds. Fidelity bonds may be required by the Board of Directors from all persons handling or responsible for Associa- tion funds. The amount of such bonds and the sureties shall be determined by the Directors. The premiums on such bonds shall be paid by the Association. VII. PARLIAMENTARY RULES. Roberts' Rules of Order (latest edition) shall govern the conduct of Association meetings when not in conflict with the Declaration, the Articles of Incorporation or By-laws of the Association or with the Statutes of Florida. VIII. AMENDMENTS. Amendments to the By-Laws shall be proposed and adopted in the following manner: 1. Notice. Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which a proposed amendment is considered. -10- ( ( 2. Adoption. A resolution adopting a proposed amendment may be proposed by either the Board of Directors or by the Mem- bers of the Association and must receive approval of three- fourths of the e~tire membership of the Board of Directors and 3/'t of' the approval of/the _ membership of the Association. Directors and Members not present in person or by proxy at the meeting considering the amendment may express their approval in writing, provided such approval is delivered to the Secretary at or prior to the meeting. 3. Limitation. No amendment shall be made which is in conflict with the Condominium Act, the Declaration or the Articles of Incorporation of the Association. 4. Effective Date. A copy of each amendment shall be attached to a certificate of the Association certifying that the amendment was duly adopted as an amendment of the Declaration and Bylaws, which certificate shall be executed by the appropriate officers of the Association with the formalities of a deed. The amendment shall be effective when such certificate and the copy of the amendment are recorded in the Public Records of Palm Beach County, Florida. The foregoing were adopted as the By-Laws of Condominium Association, Inc., a corporation not for profit under the laws of the State of Florida, at the first meeting of the Board of Directors on the daORAFT ONLY rwtToI3e Signed , 19 Secretary Approved: President -11-