COVENANTS
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DECLARATION OF PROTECTIVE COVENANTS OF
QUANTUM PARK AT BOYNTON BEACH
.
THIS INSTRUMENT PREPARED BY:
DAVID S. PRESSLY, ESQ.
POST OFFICE BOX 3888
WEST PALM BEACH, FL 33402
/
V'RETURN 'ro:
DAVID S. PRESSLY, ESQ.
POST OFFICE BOX 3888
WEST PALM DEACH, FL 33402
,.
\
f
/
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
Section 4.1
Section 4.2
Section 4.3
Section 4.4
Section 4.5
Section 4.6
Section 4.7
ARTICLE V -
Section 5.1
Section 5.2
Section 5.3
section 5.4
Section 5.5
Section 5.6
ARTICLE VI
Section 6.1
Section 6.2
Section 6.3
Section 6.4
Section 6.5
Section 6.6
Section 6.7
Section 6.8
Section 6.9
Section 6.10
Section 6.11
Section 6.12
ARTICLE VII
section 7.1
Section 7.2
ARTICLE VIII
ARTICLE IX
Section 9.1
Section 9.2
Section 9.3
Section 9.4
Section 9.5
Section 9.6
Section 9.7
Section 9.8
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DECLARATION OF PROTECTIVE COVENANTS
OF QUANTUM PARK AT BOYNTON BEACH
TABLE OF CONTENTS
PAGE
DEFINITIONS............................. .
1
PROPERTY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
ASSOCIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
7
7
ARCHITECTURAL REVIEW COMMITTEE...........
The Committee............... ...............
, Necessity of Architectural Review
and Approvals............................
Approval. ..... . . . .. .. . . .. ...... . . .. . . . . ..
Conditions of Approval...................
Powers and Duties........................
7
8
9
9
10
11
11
Liability................................
Proviso. ...... . ... ... . ...... . . . . . . . .. . . ..
CONSTRUCTION OF IMPROVEMENTS.................
General............ .. ....... .. . . .. . . . . ... 11
Licenses................................. 11
Time Requirements........................ 11
Condition During Construction............ 13
Damage or Destruction.................... 13
Certification............................ 15
GENERAL COVENANTS........................ 15
General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Use Regulations .'. . . . . . . . . . . . . . . . . . . . . . . . . 16
Drainage and Water Retention............. 16
Noxious or Offensive Activity............ 16
Subdivision or Combination of Parcels.... 16
Hazardous Materials...................... 17
Governing Criteria....................... 17
Rules and Regulations.................... 17
Public Land Use Regulations.............. 17
Notice.. .. . . . ......... .. . ........... . . ... 17
Insurance. . . .... . .... .. . ...... . . . .. . . . . . . 17
Quantum Park Ground Water Monitoring Plan 18
COMMON AREAS............................. 18
Description.............................. 18
Restrictions............................. 18
HELIPAO/HELIPORT......................... 19
MAINTENANCE, ALTERATIONS AND
IMPROVEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
As to Common Areas....................... 20
As to Parcels............................ 20
As to Oustside Land...................... 21
Sand Pine Scrub Preserve Area............ 22
Platted Streets.......................... 22
Inspection by Association ............... 22
Declarant's Right to Enter............... 23
Insurance Proceeds....................... 23
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ARTICLE X
Section 10.1
Section 10.2
Section 10.3
Section 10.4
Section 10.5
Section 10.6
Section 10.7
Section 10.8
Section 10.9
ARTICLE XI
Section 11.1
Section 11.2
Section 11. 3
Section 11. 4
ARTICLE XII
ARTICLE XIII
Section 13.1
Section 13.2
ARTICLE XIV
Section 14.1
Section 14.2
Section 14.3
Section 14.4
ARTICLE XV
ORB 545lJ j-.9 3. :1 Lit
ASSESSMENTS........................................................... 23
Applicability to Parcels................. 23
Uniform Rate of Master Assessments....... 23
Amount and Use...................................................... 24
Special Assessments...................... 24
Due Dates............................................................... 25
Certificate.....~........................ 25
Lien Rights.............................. 25
Enforcement of Lien...................... 26
Proviso.................................. 26
EASEMENTS.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 27
Easement Rights of Declarant............. 27
Easement Rights of Association........... 28
Easement Rights of Institutional
Mo r tg ag ee s.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 28
Persons Bound: Beneficiaries............. 28
OBLIGATIONS OF OWNER .................... 29
STATUS AND WAIVER........................ 30
Covenants. .... .. .. .. ........ .............. .. .. ............ ........ .. .. .. 30
Waiver................................... 30
REMEDIES.................................. 30
Rights of Declarant and Association for
Violation by Owner....................... 30
Rights of Declarant for Violation
by Association........................... 31
Rights of Owners for Violation by
an Owner or Association.................. 31
Attorney's Fees.......................... 31
ARTICLE XVI - INSURANCE..................................... 33
DURATI~................................. 32
Section 16.1
Section 16.2
Section 16.3
Section 16.4
Section 16.5
Section 16.6
Section 16.7
ARTICLE XVII
Section 17.1
Section 17.2
Section 17.3
ARTICLE XVIII -
ARTICLE XIX
ARTICLE XX
Section 20.1
Section 20.2
ARTICLE XXI
Liability Insurance......................
Casualty Insurance.......................
Workmen's Compensation POlicy............
Other Insurance..........................
Individual Liability Insurance...........
Waiver of Subrogation....................
Insurance Regarding Outside Land.........
33
33
33
33
33
33
34
ECOLOGICAL PLAN AND SAND PINE
PRESERVE AREAS........................... 34
General. .. . . . . .......... . .. .. . . .... .. . . . .
34
34
35
36
Sand Pine Preserve Areas.................
Swamp and Freshwater Marsh Habitat/
Wetlands Surface Water Management System.
CONVEYANCE FOR PUBLIC USE................
INTERNAL SECURITY FORCE..................
36
AMENDMENT. . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . .
37
General Procedure........................
37
38
Proviso. . .. .. . . . . . . .. . . .. . .. . . . . . . . .. .. . . . . . .
ADDITIONAL LANDS..............................
39
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ARTICLE XXII RIGHTS APPURTENANT TO LOT 55............. 39
ARTICLE XXIII HAZARDOUS WASTE/HAZARDOUS MATERIALS
CONTAMINATION RESPONSE PLANS............. 40
ARTICLE XXIV NOTICE........".."....................... 42
ARTICLE XXV RIGHT TO MODIFY, CANCEL OR LIMIT.......... 42
ARTICLE XXVI ASSIGNMENT................................ 43
ARTICLE XXVII SEVERABILITy......... .. .. . . . . ..... .. . . . .. . 43
ARTICLE XXVIII - APPLICABLE LAW/VENUE...................... 43
ARTICLE XXIX CAPTIONS.............................."... 43
ARTICLE XXX SINGULAR/PLURAL - MASCULINE/FEMININE...... 44
ARTICLE XXXI VETO POWER................................ 44
ARTICLE XXXII DISSOLUTION OF ASSOCIATION................ 45
ARTICLE XXXIII - RESTRICTIONS PREVAIL OVER LESS STRINGENT
GOVERNMENTAL REGULATIONS.................. 45
ARTICLE XXXIV LESSEES. . . . . . . . . . . . . . " . . . . . . . . . . . . . . . " . . . . 45
ARTICLE XXXV
AMENDMENTS TO GOVERNMENTAL LAND USE
REGULATIONS. . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . 46
ARTICLE XXXVI
MORTGAGEE CONSENT AND ACCEPTANCE..........
ARTICLE XXXVII -
EFFECTIVE DATE OF THIS DECLARATION........
46
47
EXHIBITS:
,
Exhibit "A" - Legal Description of the Property
Exhibit "B" - Articles of Incorporation
Exhibit "C" - Bylaws
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101087-18
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DECLARATION OF PROTECTIVE COVENANTS
OF QUANTUM PARK AT BOYNTON BEACH
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, QUANTUM ASSOCIATES, a Florida General Partnership
(hereinafter "Declarant"), is the owner of certain lands located
in the City of Boynton Beach, Palm Beach County, Florida, which
lands (hereinafter "Property") are more particularly described
below; and
WHEREAS, the City of Boynton Beach has issued a Development
Order pursuant to Chapter 380, Florida Statutes (1984) for
development of that portion of the Property rezoned by the City to
Planned Industrial Development District, and has rezoned the
Property to a Planned Industrial Development District and Planned
Commercial Development District: and,
WHEREAS, Declarant desires to place from time to time certain
easements, covenants, conditions and restrictions upon the use of
the Property and to cause same to benefit, burden and run with the
,
Property;
NOW, THEREFORE, for good and valuable consideration, the said
Declarant does hereby for itself and its successors and assigns
hereby place upon the Property the following certain easements,
covenants, conditions and restrictions.
ARTICLE I
DEFINITIONS
The following words, when used in this Declaration (unless the
context shall prohibit) shall have the following meanings:
A.
Articles of Incorporation:
The term "Articles of
Incorporation"
shall
mean
and
refer
to
the
Articles
of
Incorporation of the Association, a copy of which Articles are
attached hereto as Exhibit "13," as may be amended from time to
time.
THIS INSTRUMENT PREPARED BY:
DAVID S. PRESSLY, ESQ.
POST OFFICE BOX 3888
WEST PALM BEACH, FL 33402
RETURN TO:
DAVID S. PRESSLY, ESQ.
POST OFFICE BOX 3888
WEST PALM BEACH, FL 33402
\.' !\~, _' r _.- '--' I -= ~ ~ .I. 'I.J
D.
Assessments:
The term "Assessments" shall include
Regular Assessments and SpeciaL Assessments, and shall mean and
refer to the share of funds required for the payment of Common
Expenses, which from time to time are assessed against the Owners.
C.
Association:
The term "Association" shall mean and
refer to Quantum Park Property Owners' Association, Inc., a
Florida corporation not for profit.
D.
Board of Directors:
The term "Board of Directors"
shall mean and refer to the Board of Directors of the Association.
E.
Building Site:
,
The term "Building Site" shall mean
and refer to that portion of the Property being improved in
accordance with Articles IV and V herein.
F.
Bylaws:
The term "Bylaws" shall mean and refer to
the Bylaws of the Association, a copy of which Bylaws are attached
hereto as Exhibit "C," as may be amended from time to time.
G.
City:
The term "City" shall mean and refer to the
City of Boynton Beach.
H.
Committee:
The term "Committee" shall mean and
refer to the Architecturat Review committee appointed from time to
time by
the Declarant,
as more particularly described
in
Article IV herein.
I.
Common Areas:
The term "Common Areas" shall mean
and refer to all real property (and Improvements thereon) owned
and/or leased by, or dedicated to, the Association, as more
particularly described in Article VII herein.
J.
Common Expenses:
The term "Common Expenses" shall
mean and refer to all costs, expenses and assessments properly
incurred by the Association for which the Owners are liable to the
Association.
K.
County:
The term "County" shall mean and refer to
Palm Deach County.
L.
Declarant:
The term "Declarant" shall mean and
refer to QUANTUM ASSOCIATES, a Flor ida General Partnersh ip, and
those successors and assigns to whom Declarant's rights and
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obligations as Declarant hereunder are specifically assigned in
writing by Declarant.
~,. Declaration: The term "Declaration" shall mean and
refer to this Declaration of Protective Covenants of Quantum Park
at Boynton Beach.
N. Design Criteria: The term "Design Criteria" shall
mean and refer to the specifications, guidelines, and standards,
which, together \-lith this Declaration, regulate the construction,
placement, installation, and maintenance of Improvements within
the Park. The Design Criteria shall he prepared and adopted by
the Committee, and may be modified and amended in writing by the
Committee at any time in its sole and absolute discretion without
the joinder, ratification or approval of the Association, any
Owner, or any lienholder; provided, however, that any amendment to
the Design Criteria concerning the Park's surface water management
system must be approved in writing by the South Florida Water
Management District. Any reference to Design Criteria shall
include any amendments thereto. A copy of the Design Criteria
shall be available for Any Owner upon written request to the
Association.
O. Design Plans: The term "Design plans" shall mean
and refer to the design plans (and amendments thereto) for
Improvements tha t must be submi t ted and approved in accordance
with the Articles IV and V herein. Any reference to any amendment
of the Design Plans shall include any change in, alteration of,
addition to, or deletion from the Design Plans.
P. Development Order: The term "Development Order"
shall mean City Ordinance No. 84-51, which ordinance granted with
conditions Declarant's application for a development permit with
respect to the Park pursuant to Chapter 380, Florida Statutes, as
amended by City Ordinance No. 86-11, as further amended by City
Ordinance No. 86-37. and as may be further amended from time to
time.
Q. Ecological Plan: The term "Ecological Plan" shall
mean and refer to that certain Ecological Plan For Quantum Park
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(date"; ';uoust 4, 1986, and amended ~Iarch 16, 1987) prepared by
Ecoh~aical Consultants, as may be further amended from time to
time, and as more fully discussed in Article XVII herein. ^ny
reference to Ecoloqical Plan shall include any amendments thereto.
n. Hazardous Materials Contamination Response plans:
The term "Hazardous Materials Contamination Response Plans" shall
mean and refer to the document entitled "Guidelines for the
Preparation of Owner/Lessee Hazardous Materials Contamination
Response Plans" for the Park (as may be amended from time to time)
prepared by Law Environmental Services (dated April 13, 1987), as
more fully discussed in Article XXIII herein. Any reference to
Hazardous Materials Contamination Response Plans shall include any
amendreents thereto.
S. Improvement: The term "Improvement" shall mean and
refer to any building, sign, exterior lighting, drainage facility,
water retention facility, sewage system, road, lake, landscaping,
and/or other structure that is constructed, installed, erected,
placed or made within or upon the property, as well as any
construction, demolition,' excavation, and/or grading, within or
upon, and any subdividing (or resubdividing) and/or platting (or
replatting) of, or combination of, a Parcel or Parcels.
T. Institutional Mortgagee: The term "Institutional
Mortgagee" shall mean any Person owning a mortgage encumbering a
Parcel, which in the ordinary course of business makes, purchases,
guarantees, or insures mortgage loans. An Institutional Mortgagee
may include, but is not limited to, banks, savings and loan
associations, insurance companies, union pension funds authorized
to lend money in the State of Flor ida, an agency of the Un i ted
States or any other governmental authority, a mortgage investment
trust, a real estate investment trust, a mortgage company, or a
lender generally recognized in the County as an institutional type
lender. In addition, in the event that the Declarant is the
mort~acree under a purchase money mortgage arising upon the sale of
a ?ar::el, the Declarant shall be deemed to be an Institutional
Mortaagee hereunder.
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U. Lessee: The term "Lessee" shall mean and refer to
any Person who leases from an Owner all or any portion of a
Parcel. The Lessee shall be subject to the terms of this
Declaration, and shall have the same obligations as an Owner
hereunder.
V. ~Iaster Site Development plan: The term "Master Site
Development Plan" shall mean and refer to that certain development
plan for the Park approved by the City as a part of the
Development Order, as may be amended by Declarant from time to
time.
W. Owner: The term "Owner" shall mean and refer to the
record owner or owners of the fee simple title to a Parcel. In
the event that a Parcel is owned by more than one (1) Person, each
such Person shall be jointly and severally liable for all of the
obligations of an Owner of a Parcel hereunder.
X. Parcel: The term "Parcel" shall mean and refer to
any platted lot within the Property and/or a part of a platted lot
within the Property that is owned in fee simple, together with all
Improvements thereon. A platted lot shall mean and refer to a lot
created pursuant to a plat duly recorded in the Public Records of
the County.
Y. Park: The term "Park" shall mean and refer to
Quantum Park at Boynton Beach, subject to Declarant's right to
change the name thereof from time to time in Declarant's sole and
absolute discretion.
z.
Person:
The term "Person" shall mean and refer to
an individual, corpor,ation, governmental agency, business trust,
estate, trust, partnership, association, or two or more persons
having a joint or common interest or any other entity.
AA. Property: The term "property" shall mean and refer
to that certain property more particularly described in Article II
herein.
B13. Regular Assessment: The term "Regular Assessment"
shall mean and refer to any Assessment levied against Owners that
is required by the annual budget.
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CC. Special Assessment: The term "Special Assessment"
shall mean and refer to any Assessment levied against Owners other
than a Regular Assessment.
DD. Subdivide: The term "subdivide" shall mean and
refer to the divining (or redividing) of a platted lot into two or
more Parcels.
EE. Voting Representative: The term "Voting
Representative" shall mean and refer to (1)' the Owner of a Parcel
if such Parcel is owned by one individual, (2) any individual
designated in a Certificate filed with the Secretary of the
Association designating a voting member for such Parcel, or (3) a
duly desiqnated proxy holder. Anything to the contrary herein
notwithstanding, there shall only be one (1) Voting Representative
for each Parcel.
FF. Votinq Rights: The term "Voting Rights" shall mean
and refer to the number of votes applicable to a Parcel or Parcels.
GG. Water Management Plan: The term "Water Management
Plan" shall mean and refer to the Park Water Management Plan (as
may be amended from tim~ to time) as more fully discussed in
Section 6.3 herein: provided, however, that this Water Management
Plan is permitted by the South Florida \-later Management District,
and can only be amended with the pr ior approva 1 of the Sou th
Florida Water Management District.
ARTICLE II
PROPERTY
The Property shall consist of all property that Declarant
submits, and makes subject to, the terms of this Declaration. As
of the recordina of this Declaration in the Public Records of the
County, the property described in Exhibit "A," attached hereto and
made a part hereof, shall be and hereby is submitted and made
subject to the terms of this Declaration by Declarant. Additional
lands may be submitted and made subject to the terms of. this
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Declaration by Declarant pursuant to Article XXI herein, and at
such time the additional lands will automatically hecome 3 part of
the Property hereunder.
ARTICLE III
ASSOCIATION
An Owner shall automatically be a member of the Association,
and said Owner and his Parcel shall be subject to the terms and
conditions of this Declaration and all exhibits thereto, as same
may be amended from time to time.
ARTICLE IV
ARCHITECTURAL REVIEW COMMITTEE
Section 4.1 The Committee. The role of the Committee is to
examine and review the Design plans in light of the aesthetic
impacts of a proposed Improvement, and the Committee shall NOT
examine, review, or be responsible for the structural,
engineering, mechanical, or other related aspects of the proposed
Improvement. The Committ~e shall consist of three (3) to five (5)
persons appointed from time to time by the Declarant; any member
of the Committee may be replaced at any time by the Declarant.
The members of the Committee are not required to be members of the
Association. The initial members of the Committee shall be
Edward B. Deutsch, George W. Zimmerman and Steven W. Deutsch, each
of whom shall serve until his successor is appointed, or until he
resigns, or until he is replaced, whichever first occurs. Any
vacancy occurring on the Committee shall be filled by the
Declarant. A majority of the Committee shall constitute a quorum
to transact business at any meeting of the Committee, and the
act ion of a major i ty oresent at a meet inq at wh ich a quorum is
present shall constitute the action of the Committee.
Section 4.2 Necessity of Architectural Review ilnd Approvals.
No Improvement of any kind shall be commenced, constructed,
installed, erected, or placed upon or within' the Property, nor
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shall any amendi1\ent, change or alteration of any Improvement be
made (except as specifically provided in Section 4.4 .D.. until
such time as the Design Plans with respect thereto have been
submi t ted to and approved
in writing by the Committee in
accordance herel.ith:
The Design plans shall be submitted to the
Committee in a manner and form satisfactory to the Committee, and
shall show the proposed Improvement(s), plot layout, exterior
elevations, materials, colors, layout of parking spaces, location
of easements,
location of
utilities,
proposed use of
the
Improvement (s), matters contained within the Design Criteria, and
such other information as may be reasonably requested by the
Committee. Approval of the Applicant's Design Plans shall not be
in lieu of any approvals that may be required by the City, or any
other governmental body.
IN APPROVING DESIGN PLANS AND/OR ANY
AMENDMENTS THERETO,
THE COMMITTEE MAKES NO REPRESENTATIONS,
WARRANTIES OR CLAIMS AS TO THE SOUNDNESS OR QUALITY OF THE
CONSTRUCTION OR DESIGN OF THE IMPROVEMENTS, OR AS TO THE
EFFECTIVENESS OR SUITABILITY OF THE USE OF SUCH IMPROVEMENTS, OR
AS TO COMPLIANCE WITH' ZONING,
GOVERNMENTAL LAND USE REGULATIONS.
Section 4.3 Approval. Approval of the Design Plans shall be
PERMIT REGULATIONS,
OR ANY
based upon:
(i) the conformity and harmony of the design and
layout of the proposed Improvement(s) with neighboring Parcels and
with the Park as a whole; (ii) the effect of the location of the
proposed Improvement(s} on neighboring Parcels and on the Park as
a whole; (iii) the relation of the proposed Improvement(s) to the
topography of the Building Site; (iv) the grade and finished
ground elevation of the Building Site in relation to that of
neighboring Parcels; (v) the proper facing of the main elevation
of the proposed Improvement(s) with respect to nearby streets; and
(vi) the conformity of the Design Plans ,.ith the Design Criteria,
and with the terms of this Declaration.
The Committee shall
either approve or disapprove the Design Plans I.ithin thirty (30)
days after the Committee's receipt of all documentation required
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herein.
The Committee shall not arbitrarily or unreasonably
withhold its approval of the Design Plans.
If the Design plans
are not approved, the Committee shall state the reasons therefor.
Section 4.4
Conditions of, Approval.
In the event of
approval of the Design Plans, the following conditions shall apply:
A. Prior to commencing to improve the Building Site,
the Owner, if so required by the Committee, shall provide the
Committee with a removal bond, which must be reasonably acceptable
to the Committee, for purposes of protecting the Park against any
unsightly unfinished construction.
The Committee shall not
requi re removal bonds wi th respect to Parcels in' excess of 50
acres in size.
B. The approved Improvement(s) shall ,not be used or
utilized in any manner until such time as the Owner has provided
the
Committee
with
written
certification
from
a
duly
registered/licensed
architect
that
the
Improvement(s)
was
constructed in accordance with the Design Plans.
C. There shall be no changes made to the approved
Design Plans without the prior written approval of the Committee.
.
D. Changes made in the internal layout of a structure
shall not be subject to the approval of the Committee as long as
such changes are not visible from outside of the structure and do
not create any aesthetic impacts upon the Park.
Section 4.5
Powers and Duties. The Committee shall have the
following powers:
A. To adopt, and amend from time to time, the Design
Criteria.
B. To adopt, and amend from time to time, submission
requirements for the approval of Design Plans.
C. To approve or disapprove the Design Plans (and any
amendments thereof) submitted hereunder.
D.
To
adopt
a
schedule
of
reasonable
fees
for
processing requests for Committee approval of proposed Design
Plans (and any amendments thereof).
Such fees, if any, shall be
payable to the Association in U.S. cash or by cheCk at the time
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that Desiqn Plans (or amendments thereto) are submitted to the
Committee. In the event such fees are not paid by the Owner, the
Desiqn Plans shall be deemed to be improperly submitted by Owner,
and need not be reviewed by the Committee.
E. To retain professional advisors (such as attorneys
and architects) as may be necessary in the exercise of its powers,
which advisers shall be paid out of the fees collected in
Paragraph D above or from funds of the Association.
F. To enter upon (or designate an agent or a
professional advisor to enter upon) the Building Site(s) from time
to time during construction, and upon completion of construction.
G. To perform such incidental acts as may be necessary
in the exercise of its powers.
Section 4.6 Liability. Neither the members of the Committee
nor Declarant (nor their respective partners, shareholders,
members, representatives, agents, employees, successors, or
assigns) shall be liable in any manner to any Person, by reason of
negligence, mistake in judgment, or nonfeasance arising out of or
in connection with the approval, disapproval or failure to approve
or disapprove the Design Plans, or as a result of failing to carry
out their duties hereunder. Each Owner agrees and certifies that
,he will not bring any action, suit, or other proceeding against
the members of the Committee or Declarant, (or their respective
partners, shareholders, members, representatives, agents,
employees, successors, or assigns) for any negligence, mistake in
judgment, or nonfeasance in connection with Design Plans or the
approval or disapproval thereof, or in connection with any other
actions taken by the Committee hereunder. IN APPROVING DESIGN
PLANS AND/OR ANY AMENDMENTS THERETO, THE COMMITTEE MAKES NO
REPRESENTATIONS, WARRANTIES OR CLAIMS AS TO THE SOUNDNESS OR
QUALITY OF THE CONSTRUCTION OR DESIGN OF THE IMPROVEMENTS, OR AS
TO THE EFFECTIVENESS OR SUITAIHLITY OF THE USE OF SUCII
IMPROVEMENTS, OR AS TO COMPLIANCE WITH ZONING, PERMIT REGULATIONS,
OR ANY GOVERNMENTAL LAND USE REGULATIONS.
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Section 4.7 Proviso.
Anything in this Declaration to the
contrary notwithstanding, the fOllowing Improvements are exempt
from Committee approval, but the construction of same shall be in
compliance with all applicable governmental regulations, code~,
and ordinances:
Any electrical sub-station constructed on a Parcel
owned by a pUblic utility, as well as all other
Improvements contained within the safety fence
(including said safety fence) surrounding said
electrical sub-station; provided that said safety
fence must be set back at least 30 feet from all
boundary lines of the Parcel containing said
electrical sub-station.
ARTICLE V
CONSTRUCTION OF IMPROVEMENTS
Section 5.1 General. The construction or installation of any
Improvement shall not be commenced until the Design plans for such
Improvement have been approved in accordance with Article IV
hereunder.
Section 5.2 Licenses.
All Design Plans and required permit
applications must be prepared and/or stamped by a Florida
registered architect and/or engineer, and all construction must be
performed by duly licensed contractors and subcontractors. In
order to be "duly licensed," the contractors and subcontractors
must have obtained all required licenses from all governmental
bodies, agencies, departments and the like having jurisdiction
thereover,
and must
have
satisfied all other
requirements
established
as
conditions
precedent
to
constructing
the
Improvement.
Section 5.3 Time Requirements.
A.
The Owner shall "commence construction"
(defined
below) of all the Improvements shown in the Design Plans no later
than eighteen (18) months following the written approval of the
Design Plans by the Committee.
Upon commencing construction, the
Owner shall proceed expeditiously and diligently without stoppages
of longer than five (5) business days. All Improvements shown in
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the Design Plans shall he "completed" (defined below) within a
reasonable period of time, which is not to exceed eighteen (18)
months from the date that the Owner commenced construction of the
particular Improvement.
B. The deadlines and other time constraints set forth
in this Section 5.3 shall be automatically extended for the period
of time that Owner is delayed by factors that are completely
outside of Owner's control. In addition, the Committee shall have
the power to extend any deadlines and other time constraints set
forth
in
this
Section 5.3,
provided
Owner
I
makes
written
application therefor and the Committee determines, in its sole
discretion, that the request is reasonable.
C. Failure to comply with the deadlines and/or other
time constraints set forth in this Section 5.3 shall result in the
termination of the Committee's approval of the Design plans and
Owner will have to obtain approval of his Design Plans from the
Committee in accordance with Article IV herein prior to proceeding
with the Improvement(s).
Further, in the event that Owner fails
to comply with the deadtines and/or other time constraints set
forth in this Section 5.3, Owner shall clear and remove the
partially completed Improvement from the Park, and restore the
Building Site to the condition the Building Site was in prior to
commencing construction of such Improvement.
I f Owner does not
comply with its obligations hereunder, within twenty-five (25)
days after notice from the Committee, then the Association or the
Declarant (and/or Persons designated by either) (i) may enter upon
the Building Site and carry out Owner's obligations at Owner's
cost and expense, without being liable in any manner for trespass,
and shall have a lien (for the costs and expenses incurred by the
Association or the Declarant) against the Parcel containing the
Building Site in the same manner as a lien for unpaid Assessments
hereunder; (ii) may implement the removal bond; and/or (iii) may
pursue any other remedies allowed under this Declaration.
D. For purposes of this Declaration the Owner shall be
deemed to have "commenced construction" upon the issuance of all
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5450 29 1121
necessary building permits reauired by the applicable governmental
bodies for the construction of the particular Improvement (or, if
no building permits are required, bY conducting actual continuous
construction activity upon the Building Site), and an Improvement
Shall be deemed to have been "completed" upon the issuance of a
final certificate of occupancy for the particular Improvement by
the governmental body having jurisdiction thereof (or, if no
certificate of occupancy
is
reauired with
respect to the
Improvement, upon the completion of the Improvement in the manner
Shown in the Design Plans).
Section 5.4 Condition Durinq Construction. The Building Site
shall be kept in a clean, neat and orderly condition during
construction of the Improvements so as not to cause any unsightly
or dangerous conditions.
In the event that the Owner shall fail
to so maintain the Building Site and continues such failure more
than five (5) days following notice thereof from the Association
or the Declarant, the Association or the Declarant (and/or Persons
designated by either) may (1) enter upon the Building Site to
carry out the proper mailltenance, and shall have a lien (for the
costs and expenses incurred by the Association or the Declarant)
against the Parcel containing the Building Site in the same manner
as the lien for unpaid Assessments hereunder, or (2) pursue any
other remedies allowed under this Declaration.
Section.5.5 Damage or Destruction.
In the event that a
completed Improvement is damaged or destroyed:
A. Owner shall take the necessary remedial action to
eliminate any dangerous or unsightly conditions arising from such
damage or destruction (Which may require the clearing or other
removal of the damaged 0 r dest royed Improvement f rom the Pa rk) .
The Owner shall commence such remedial action within twenty (20)
days after the date the Improvement is damaged or destroyed, and
snall complete SUCh remedial action within a reasonable time (not
to exceed four [4] months after the date the Improvement is
damaged or destroyed).
If Owner does not comply with its
Obligations hereunder, then the Association or the Declarant
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ORB 5450 29 1 122
(and/or Persons designated by either)
(i) may enter upon the
Building Site and carry out Owner's obligations at Owner's cost
and expense, without being liable in any manner for trespass, and
shall have a lien (for the costs and expenses incurred by the
Association or the Declarant) against the Parcel containing the
Building Site in the same manner as a lien for unpaid Assessments
hereunder; and/or (ii) may pursue any other remedies allowed under
this Declaration.
B. After the remedial action in Section 5.5.A. above
has been completed:
(i) Owner shall "commence restoration" (which shall
have
the
same
meaning
as
"commencing
construction"
in
Section 5.3.0. above) of the damaged or destroyed Improvement no
later than twelve (12) months following the date the Improvement
was damaged or destroyed;
(ii) Upon commencing restoration, the Owner shall
proceed expeditiously and diligently without stoppages of longer
than
five ( 5 )
business
days.
All
damaged
or
destroyed
Improvements shown in the' Design Plans shall be "fully restored"
(which
sha 11
have
the
same
meaning
as
"completed"
in
Section 5.3.0. above) within a reasonable period of time, which is
not to exceed twelve (12) months from the date that the Owner
commenced restoration of the damaged or destroyed Improvements.
(iii) The deadlines and other time constraints set
forth in this Section 5.5.13. shall be automatically extended for
the period of time that Owner is delayed by factors that are
completely outside of Owner's control. In addition, the Committee
shall have the power to extend any deadlines and other time
constraints set forth in this Section 5.5.13., provided Owner makes
written application therefor and the Committee determines, in its
sole discretion, that the request is reasonable.
(iv) Failure to comply with the deadlines and/or
other time constraints set forth in this Section 5.5.13. shall
result in the termination of the Committee's approval of the
Design Plans, and Owner will have to obtain approval of his Design
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\.if',,"' _ 'o.A.f-_,-LJ r., j- J. --=-~
Plans from the Committee in accordance with Article IV herein
prior to proceeding with the Improvement(s).
Furthe r, in the
event that Owner fails to comply with the deadlines and/or other
time constraints set forth in th,is Section 5. 5.B., Owner shall
clear and remove the damaged or destroyed Improvement (s) f rom the
Park, and restore the Building Site to the condition the Building
Site
was
in
prior
to
commencing
construction
of
such
Improvement(s) .
If Owner does not comply with its obligations
hereunder, within twenty-five (25) days after notice from the
Committee, then the Association or the Declarant (and/or Persons
designated by either) (i) may enter upon the Building Site and
carry out Owner's obligations at Owner's cost and expense, without
being liable in any manner for trespass, and shall have a lien
(for the costs and expenses incurred by the Association or the
Declarant) against the Parcel containing the Building Site in the
same manner as a lien for unpaid Assessments hereunder; and/or
(ii) may pursue any other remedies allowed under this Declaration.
C. Anything to the contrary herein notwithstanding,
this Section 5.5 shall not apply to any Parcel in excess of fifty
.
(50) acres in size, except that the Owner of such a Parcel shall
take the necessary remedial action to eliminate any dangerous
conditions arising from such damage or destruction in accordance
with the time periods established in Section 5.5.A. above.
Section ,5.6 Certification.
Immediately upon completion of
construction of an Improvement, the Owner shall provide the
Committee
with
an
orig inal
certificate
from
a
duly
registered/licensed architect certifying that the Improvement was
constructed in accordance with the Design Plans.
ARTICLE VI
GENERAL COVENANTS
Section 6.1 General.
No Improvement of any kind shall be
commenced, constructed, installed, erected, or placed within the
Park until the Design Plans for such Improvement shall have been
submitted to and approved in writing by the Committee as more
fully set forth in Article IV of this Declaration. There shall be
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no amendment (s) made to the Design Plans unless and until such
amendment(s) have been approved in writing bY the Committee in
accordance with Article IV of this Declaration (except as
otherwise provided in Section 4.4.0. nerein).
Section 6.2 Use Regulations. The use of the Property (or any
portion thereof) shall be in compliance with the Development
Order, all applicable governmental land use regulations (unless a
variance therefrom has been duly approved in accordance with the
Design Criteria, and by the appropriate governmental body), and
the terms of this Declaration, and the use of the Common Areas
shall be in compliance with any rules and regulations adopted by
the Board of Directors, all as may be amended from time to time.
Section 6.3 Drainage and Water Retention. Drainage and water
retention facilities for each Parcel must conform to the Water
Management Plan, and must be approved by the South Florida Water
Management District. The Water Management Plan has been adopted
by the Declarant, and may be amended from time to time by the
Declarant, subject to the prior approval by the South Florida
Water Management District;. A copy of the Water Management Plan
shall be provided to each Owner upon written request to the
Association.
Section 6.4 Noxious or Offensive Activity. No noxious or
offensive activity, including but not limited to, the use of
firearms, explosives, hazardous protective devises or booby traps,
shall be allowed on any portion of the Property, nor shall an
Owner take any action that is or may become a nuisance or
annoyance to the other members of the Association. Activity
incidental to the proper use of a Parcel under Section 6.2 shall
not be considered to be in violation of this Section 6.4.
Section 6.5 SUbdivision or Combination of Parcels. No Parcel
shall be subdivided (or resubdivided) into two or more Parcels,
and no Parcel Shall be combined with another Parcel for purposes
of development, without the prior written approval of the
Committee, the approval of which may be withheld in the sole and
absolute discretion of the Committee.
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Section 6.6 Hazardous Materials. Tne Association and t!acn
Owner must comply witn the Hazardous Materials Contamination
Response Plans, a copy of which snall be provided to eaCh Own<:!r
upon written request to tne Association (as more fully discussed
in Article XXIII herein).
S<:!ction 6.7 Governing Criteria. All Improvements within tne
Park, as well as the use and operation of the Parcels, shall be
governed by, and in compliance witn, the terms of this Declaration
and the Design Criteria.
Section 6.8 Rules and Regulations. Each Owner and Parcel
shall be subject to any rules and regulations (governing the use
and operation of the Common Areas) adopted by the Board of
Directors pursuant to the Bylaws.
Section 6.9 Public Land Use Regulations. The minimum
standards, rules, and regulations of any applicable governmental
body, board, agency or the like shall be complied with by each
Owner (SUbject to Article XXXIII herein). In addition, in the
development, use, and operation of a Parcel, an Owner must comply
with all applicable gQvernmental permits pertaining to tne
development, use, and operation of the Park as a whole, including
those permits issued by governmental bodies, districts, boards,
departments and agencies.
Sect ion 6.10 Not ice. Any Owner (other than Decla rant)
intending to sell or otherwise transfer his Parcel or the
controlling interest in the Owner (where applicable) shall give
written notice to the Association of such intention within twenty
(20) days after the execution of the document reflecting SUCh
intention or, if no written document is involved, within twenty
(20) days after the oral agreement to sell or otherwise transfer
the Parcel or controlling interest. Such notice snall include the
name of the proposed transferees and/or assignees.
Section 6.11 Insurance. In the event that an Owner's use of
his Parcel causes an increase in the cost of insurance for tne
Common Areas or any other Parcel, then such Owner shall be
responsible for paying such increase in cost.
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I
vr,c: :;"'t':)U n 1 1 ":'::0
Secticn 6.12 Quantum Park Grcund I~ater Mcnitoring Plan. The
Asscciaticn and each Owner must ccmply with the Quantum Park
Grcund Water Mcnitcring Plan dated August, 1967, prepared by
.
Rescurce Engineering and Planning, Inc. and apprcved by the Scuth
Flcrida \'later Management District, which Mcnitcring Plan may be
amended oy Declarant from time tc time subject tc the pricr
apprcval by the Scuth Flcrida Water Management District.
ARTICLE VII
COMMON AREAS
Secticn 7.1 Descripticn. All real prcperty (and Imprcvements
therecn) .owned and/cr leased oy, .or dedicated tc, the Asscciaticn
shall ccnstitute "the Ccmmcn Areas." The Asscciaticn shall accept
the apprcpriate interest in and tc all prcperty ccnveyed, leased
and/cr dedicated tc it by the Declarant.
Secticn 7.2 Restricticns.
Each Owner shall have a right and
an easement tc enjcy and use the Ccmmcn Areas fcr the purposes
intended (whiCh right and easement shall be appurtenant tc and
shall pass with the title,tc every Parcel), subject tc:
A. all prcvisicns and terms .of this Declaraticn and the
Exhibits heretc;
B. the rules and reg ula t icns adcpted f r.om time tc time
by the Bcard .of Directcrs;
C. all restricticns .of public reccrd;
D. the right .of the Asscciaticn tc dedicate .or transfer
all .or any part .of its right, title and interest in the Ccmmcn
Areas
(.or
part
therecf)
t.o any puol ic agency,
authcrity,
gcvernmental b.ody, unit .of lccal gcvernment, .or utility (in which
event, such prcperty shall n.o lcnger be a part .of the Ccmmcn Areas
unless .otherwise designated as Ccmmcn Areas in writing by the
Asscciaticn and the grantee) ;
E. tne right .of the Declarant .or tne Asscciaticn tc
take such steps reascnaoly necessary t.o prctect tne Ccmmcn Areas
against damage.
F. tne right .of the Asscciaticn tc prcperly maintain,
repair, and imprcve the Ccmmcn Areas.
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G. the rights and easements of other Owners in and to
the Common Areas.
H. the rights of the general Public to use for the
purposes intended all roadways and ,streets that are a part of the
Common Areas.
I. the right of the Declarant and/or the Association to
enter into agreements with "outside owners" for purposes of
allowing such "outside owners" to use the Common Areas (or a part
thereof)
for the purposes intended.
For purposes of this
Declaration an "outside owner" shall mean a Person that owns land
that is not a part of the Property.
ARTICLE VIII
HELIPAD/HELIPORT
The Association hereby reserves the right to construct and
install a helipad or heliport or related facility (collectively
referred to as "helicopter facility") within, the Common Areas.
All costs associated with constructing, installing, maintaining,
operating, repairing, and improving the helicopter facility, as
,
well as all costs associated with the licensing and permitting
thereof, shall be assessed as a part of the Common Expenses.
However, anything to the contrary herein notwithstanding, no
portion of the Common Expenses attributable to the helicopter
facility shall be assessed against any Parcel ,in excess of fifty
(50) acres in size, unless the Owner thereof notifies the
Association that said Owner elects to waive its exemption rights
under this Article VIII, in which case said Parcel shall then
become subject to its share of the Common Expenses attributable to
the helicopter facility. Unless and until the Owner of a Parcel
in excess of fifty (50) acres elects to waive its exemption rights
under this Article VIII, such Owner shall have no right to use the
helicopter facility.
In the event that the licensing and/or
permitting process requires the consent of any Owner, each Owner
hereby appoints the Association to act as" the Owner's agent
throughout the licensing and/or permitting process, and agrees to
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execute the necessary application and/or consent forms requir~d by
the licensing and/or permitting authorities.
ARTICLE IX
MAINTENANCE, ALTERA'rIONS AND IMPROVEMENTS
Section 9.1 As to Common Areas.
A. Association's Responsibility: Except as otherwise
provided in this Article IX, the Association shall be responsible
for the maintenance, repair, replacement, and improvement of the
Common Areas and such expenses (except as otherwise provided in
this Declaration) shall be treated as and paid for as a part of
the Common Expenses. However, should the need for maintenance,
repair, replacement, or improvement be caused by the negligence
of, or misuse by, an Owner, his Lessee(s), guests, or invitees,
said Owner shall be solely responsible for the costs of suCh
maintenance, repair, replacement, and/or improvement: and, the
Association shall have a lien against such Owner's Parcel in the
amount of such costs, which may be foreclosed in the same manner
as a mortgage against rea\ property.
B. Maintenance Contracts: The Association may enter
into a contract with any Person for the management, operation,
and/or maintenance of the Common Areas, and/or any portion
thereof, and may delegate to such Person all the powers and duties
of the Association, except as otherwise prohibited under the
Declaration, the Bylaws or Articles of Incorporation, and/or the
laws of the State of Florida.
Section 9.2 As to Parcels. Except as otherwise provided in
this Declaration, eaCh Owner shall have the obligation, at his
sole cost and expense, to maintain his Parcel in a safe, clean and
attractive condition at all times, in accordance with the
aesthetic standards established for the Park. In this regard, the
Owner Shall comply with this Declaration, the Rules and
Regulations adopted by the Board of Directors, and the Design
Criteria, and shall be Obligated to operate its drainage and water
management system in a manner that complies with the Park's
drainage and water management system.
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Section 9.3 AS to Outside Land.
A. General. The Association has the authority to
maintain, repair, replace and improve (i) land that is not a part
of a Parcel or a part of the Common Areas, and/or (ii) land that
is not included \o/ithin the Property, collectively the "outside
land," pursuant to an agreement{s) with the owner(s) of said
outside land. In connection with such agreement(s) the
Association is authorized to provide the owner of the outside land
with sufficient insurance and/or indemnification to protect SUCh
owner against any loss, cost, damage or expense arising out of
said agreement. The expenses incurred by the Association under
such ag reements (s) shall be deemed to be a part of the Common
Expenses.
B. Street Lighting.
(i) The Association has the authority to enter into
an agreement(s) with the City regarding the street lighting on
N.W. 22nd Avenue and/or High Ridge Road (north of N.W. 22nd
Avenue). Pursuant to such agreement(s) the Association would be
responsible for all or . part of the costs associated with the
maintenance and repair of such street lighting. With respect to
said agreement(s), the Association is also authorized to agree to
reimourse the City for the increase in the cost of insurance to
the City caused by locating the street lighting within the median
of the above-referenced roads.
(ii) In the event that the Association fails to
comply wi th its payment obl igat ions under any ag reement entered
into with the City u,nder this Section 9.3.B., each Owner hereby
agrees to contribute to the City his "proportionate share" of such
payment Obligations (each Owner's "proportionate Share" being
determined in accordance with the formula described in Section
10.2 of this Declaration). If an Owner fails to contribute his
proportionate share of such payment obligations within ten (10)
days after receipt of written notice from the City, tnen the City
shall nave alien aga inst such Owner's Pa rcel in the amount 0 E
(a) the Owner's proportionate share of the Association's payment
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oOligations, (0) interest thereon (from the date of the notice) at
tne highest rate allowed by law, and (c) reasonable attorney's
fees and other administrative costs incurred by the City in
enforcing its rights against SUCh Owner. The City shall have the
right to foreclose such lien in the same manner as a mortgage
against real property.
(iii) Specific reference to a street lighting
agreement under t'his Section 9.3.B. shall not in any way limit the
Association's authority under Section 9.3.A. above.
C. N.W. 22nd Avenue. It is contemplated by appropriate
governmental bodies and agencies that N.W. 22nd Ave. will be
widened in the future to a 6-lane section. At such time as
N.W. 22nd Ave. is so widened, the curbing and landscaping located
within the public right-of-way abutting the Property shall be
removed by the Association, at the Association's cost and expense.
Section 9.4 Sand pine Preserve Areas. Anything to the
contrary herein notwithstanding, the areas designated as sand pine
preserve areas in the Ecological Plan and the areas otherwise
required by the Treasure. Coast Regional Planning Councilor the
City to be preserved as sand pine preserve areas, shall be
maintained, repaired, replaced, and improved in accordance with
Article XVII hereunder.
Section 9.5 Platted Streets. Streets and roadways dedicated
to the Association pursuant to a plat or plats of the Property (or
a po rt ion thereof) duly reco rded in the Public Reco rds of the
County, shall be maintained Oy the Association in accordance with
the City's standards for maintaining puOlic streets and roadways.
Section 9.6 Inspection by Association. Each Owner Shall
allow the Board of Directors (and the Board's agents and
employees) to enter upon his Parcel for tne purpose of inspecting
same to determine if there are any factors or other matters
threatening the Property (or any portion thereof) and/or to
determine if the Owner and his Parcel are in compliance with the
provisions of this Declaration and the EXhibits hereto. Except in
the case of a Oona fide emergency, SUCh entry Shall Oe made at
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reasonaole times and with reasonable advance notice. The right of
entry and inspection granted under this Section shall not apply to
that part of a Parcel that is located within the confines of a
safety fence surrounding an electrical substation owned oy a
public utility company.
Section
9.7
Declarant's Right
shall be entitled
to
Enter.
'l'he Decla rant
and
its
designees,
to
enter
upon any Parcel for
altering, repairing,
purposes of constructing,
replacing and/or relocating
installing,
utility, communications,
and security
lines, cables, wires, pipes, and other utility, communications and
security facilities; provided, however, that in SUCh event
Declarant shall fully restore and repair the Parcel from the
effects of SUCh actions.
Sect ion
9.8 Insurance
Proceeds.
Whenever an Owner
is
responsible for any loss or costs covered by insurance maintained
by the Association, the proceeds of the insurance received by the
Association for such loss or costs shall be used for the purpose
of the necessary maintenance, repair or replacement, and such
Owner shall be required, to pay all of the costs thereof that
exceed the amount of the insurance proceeds.
ARTICLE X
ASSESSMENTS
Section 10.1 Applicability to Parcels. Commencing as of the
date that this Declaration is recorded in the Public Records of
the County, eaCh Parcel (except as provided in Section 10.9
herein), shall be subject to Assessments as more specifically
provided for in this Declaration and the Bylaws, respectively. No
Owner may waive or otherwise escape liability for Assessments
provided for herein by non-use of any of the property or services
within or outside the Park, except as specifically provided in
this Declaration.
Section
10.2 Uniform Rate of
Master Assessments.
All
Assessments shall be at a uniform rate for each acre (and portion
tnereof) of each Parcel (not otherwise exempt under Section 10.9
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below) in the Park. All Assessments shall be borne
proportionately by each Owner based upon the number of acres (and
portion thereof) within his Parcel in relationship to the
aggregate number of acres (and portion thereof) within all Parcels
in the Park. In determining the aggregate number of acres (and
portion thereof) within all Parcels in the park, the exempt
property described in Section 10.9 below shall be excluded.
Section 10.3 Amount and Use. The Regular Assessments and
other charges collected by the Association shall be in an amount
sufficient to pay all costs, expenses, and liabilities incurred by
the Association, including but not limited to costs, expenses and
liabilities incurred in regards to (a) the administration,
maintenance, installation, repair, replacement, and operation of
the Common Areas and other property for which the Association is
responsible hereunder, (b) the administration and operation of the
Association, (c) carrying out the purposes and duties of the
Association, and (d) obligations for the payment of property taxes
and assessments against and insurance coverage for the
Association's property, legal and accounting fees, security costs,
management fees, utilities used upon the Common Areas, cleaning
services, expenses and liabilities incurred by the Association in
the enforcement of its rights and duties against Owners or others,
the creation of reasonable reserves, and all other expenses deemed
by the Board of Directors to be necessary and proper for
management, maintenance, repair, operation" administration and
enforcement. Any portion of the Assessments and other charges
remaining after the disbursements required hereby shall be used
for the promotion of the peace, health, safety, or general welfare
of the Park.
Section 10.4 Special Assessments.
A. The Association, through its Board of Directors,
shall also have the power and authority to levy and collect
Assessments designated as Special Assessments for the following
purposes: the acquisition of property directly benefitting the
Park: the construction, reconstruction, unexpected repair or
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replacement of a capital improvement, including the necessary
fixtures and personal property related thereto; the payment of the
sums necessary to idemnify each Director and Officer of the
Association in accordance with the terms of this Declaration and
the Exhibits attached hereto; and the payment of other costs,
expenses, and liabilities not anticipated at the time of the
adoption of the annual budget. All notices of Special Assessments
from the Association to the members shall designate the date when
the Special Assessment is due.
B. The Association may levy an emergency Special
Assessment when, in the sole determination of the Board of
Di recto rs, there is potent ial danger of damage to Persons 0 r
property. Such emergency Special Assessments may be utilized to
pay for preventative, protective or remedial construction,
reconstruction, improvements, repairs or replacements. Events
justifying emergency Special Assessments include, but are not
limited to, hurricanes, floods, and fires. Emergency Special
Assessments shall be collectible from Owners in such manner as the
Board of Directors shall determine.
Section 10.5 Due Dates. The Assessments shall be due and
payable on the date or dates fixed by the Board of Directors as
the due date, and SUCh Assessments shall be payable in advance in
monthly, quarterly, semi-annual or annual installments, as
determined by the Board of Directors.
Section 10.6 Certificate. The Association shall, upon
demahd at any time, furnish to any Owner liable for a particular
Assessment, a certificate in writing signed by an officer of the
Association, setting forth whether said Assessment has been paid.
Such certificate shall be conclusive evidence of payment of any
Assessment therein stated to have been paid.
Section 10.7 Lien Rights. All Assessments, together with
interest thereon from the due date at the maximum rate allowed by
law, and the cost of collection thereof (including reasonable
attorneys' fees and administrative charges incurred by the
Association), shall constitute a continuing lien on the Parcel
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that shall bind sucn Parcel in the hands of the Owner, his heirs,
devisees, personal representatives, successors and/or assigns, and
shall also be the continuing personal obligation of the Owner of
the Parcel. A Claim of Lien pertaining to said lien, stating the
description of the Parcel, the name of the Owner, the amount due,
and the due date may be recorded in the Public Records of the
County by the Association at such time as an Assessment is not
paid when due.
Section 10.B Enforcement of Lien.
Through its Board of
Directors the Association may bring an action to foreclose the
Claim of Lien against the Parcel in like manner as a foreclosure
of a mortgage on real property, and/or bring a suit on the
personal obligation against the Owner, and there shall be added to
the amount owed, the cost of preparing and filing the complaint in
such action (including reasonable attorneys' fees), and in the
event a judgment is obta ined, such judgment shall also include
interest on the obligation as above provided, the cost of
collection (including reasonable attorneys I fees incurred in the
action), and the costs of ,the action.
Section 10.9 Proviso.
A. Anything to the contrary herein notwithstanding, the
fOllowing Parcels shall be exempt from the obligation to pay
Assessments hereunder:
(1) Any Parcels owned by Declarant that are
designated as sand pine preserve areas in the Ecological Plan (as
may be amended from time to time), or any Parcels owned by
Declarant that are required by the Treasure Coast Regional
Planning Councilor the City to be preserved as sand pine preserve
areas.
(2) That certain Parcel designated as Lot 51-B in
that certain Quantum Park at Boynton Beach, P.1.D. Plat No.4,
recorded in Plat Book 57, at pages 186 through IBB, inclusive, in
the PUblic Records of the County, but said Parcel shall be exempt
hereunder only for so long as said Parcel is held for use by
Florida Power & Light Company as an electrical sUbstation.
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(3) Any Parcel owned by the Association.
B. When an Institutional Mortgagee or oth~r Person
becomes an Owner upon the foreclosure of the mortgage owned oy the
Institutional Mortgagee or as a result of a deed given in lieu of
fo reclosu re 0 f such mo rtgage, such Inst i tutional Mo rtgagee 0 r
other Person (and their successors and assigns) shall not be
liable for the unpaid share of Assessments attributable to the
subject mortgaged Parcel which became due prior to the acquisition
of title of the mortgaged Parcel by SUCh Institutional Mortgagee
or other Person as a result of the foreclosure, or deed in lieu of
foreclosure, unless the unpaid share of the Assessments is secured
by a claim of lien for Assessments that was recorded prior to the
recording of the subject mortgage owned by the Institutional
Mortgagee. The unpaid share of Assessments that is subordinated
under this Section 10.9.B. shall constitute a part of the Common
Expenses collectible from all of the Owners, including such
Institutional Mortgagee or other Person. Except as otherwise
provided in this Section 10.9.B., an Institutional Mortgagee (or
other Person) becoming ,an Owner upon the foreclosure of the
mortgage owned by the Institutional Mortgagee or as a result of a
deed in lieu of the foreclosure thereof (and their successors and
assigns) shall be liable for assessments in the same manner as all
other Owners in the Park.
ARTICLE XI
EASEMENTS
Section 11.1 Easement Rights of Declarant. Declarant
reserves unto itself, its designees, successors and assigns,
perpetual easements over, upon, across, under, and/or through the
Property (or any portion thereof), at any time, without the need
for any joinder, ratification or consent oy the Association, any
Owner, or any lienholder, provided, that said easements so
reserved shall not (i) materially interfere with the uses for
which the Property or any portion thereof are intended and/or
(ii) create an unreasonable safety hazard. If requested, the
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Association, Owners and/or lienholders shall join in documents
specifically describing the easements reserved hereunder for
purposes of evidencing same. It is understood that such easements
may be used at Declarant's, (or its designee's, successor's, or
assigns') option for any purpose, including, but not limited to,
constructing, installing, using, maintaining, repairing,
inspecting, extending and/or replacing any and/or all:
improvements and systems related to the Park and/or the
Development Order; facilities reasonably necessary to service or
market the Park; monitoring wells; electric, gas, water, sewer,
security, drainage, irrigation, and all utility systems
(including, but not limited to, telephone, radio, cable
television, satellite master antenna television, cable
distribution, and all communications systems); landscaping and
water areas; pedestrian access; and/or loading operations. In
addition, such easements reserved hereunder may be used for
purposes of dredging any lakes and/or water management tracts
within the Park; for hauling any fill, dirt, or other materials
arising from the development of the Park; and for harvesting sand
from sand pine areas and for forming additional sand pine preserve
areas.
Section 11.2 Easement Rights of Association. The Association
shall have the power, through its Board of Directors, to grant to
any Person perpetual easements over, upon, under, across and/or
through the Common Areas, in its own name and without the joinder
or approval of any Owner or lienholder, provided that said
easements so created shall not materially and permanently
interfere with the uses for which the Common Areas or any portion
thereof are intended.
Section 11.3 Easement Rights of Institutional Mortgagees. An
easement is hereby granted to each Institutional Mortgagee for the
purpose of access to the property subject to its mortgage.
Section 11.4 Persons Bound; Beneficiaries. The easements set
forth in this Article XI Shall run with the land and shall be
binding upon every Owner and every claimant of the Property or any
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portion thereof or of any interest therein, and their r~spective
heirs,
executors,
administrators,
personal
representatives,
successo rs and ass igns and all Persons cla iming by, to rough 0 r
under SUCh Persons.
No action shall be taken that would
significantly
interfere with the easement rights set forth
herein. Should the intended creation of any easement fail for any
reason, then any such easement deemed not to be so created shall
nevertheless be considered as having been granted directly to the
Assoc iat ion fo r the purpose of allowing the 0 rig inal pa rty 0 r
parties to whom the easements were originally granted or reserved
the benefit of such easement, and the Owners designate the
Declarant and/or Association as their lawful attorney in fact to
execute any instrument on their behalf as may hereafter be
required or deemed necessary for the purpose of creating or
reserving such easement(s).
ARTICLE XII
OBLIGATIONS OF OWNER
Each Owner, by becoming such, agrees that he shall be
personally responsible for the payment of all Obligations that may
become liens against his Parcel pursuant to this Declaration.
Further, the amount of any lien granted to the Declarant and/or
Association hereunder shall include, but not be limited to, the
costs of enforcing the lien (including" but not limited to
reasonable attorney's fees), and each such lien may be foreclosed
I
in the same manner as a mortgage against r~al property. Further,
i
in the event that an Owner owns more than one Parcel, a lien under
this Declaration against any Parcel (the "Liened Parcel") owned by
said Owner shall also constitute a lien against all other
contiguous Parcels owned by said Owner as long as anyone of such
Parcels is contiguous to the Liened Parcel.
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ARTICLE XII I
STATUS AND WAIVER
Section 13.1 Covenants. The terms contained in this
Declaration shall be construed as covenants running with the land
and shall inure to the benefit of and be enforceable by the
Declarant, the Association (whiCh shall oe deemed the agent for
all of its members for such purposes), and by any Owner or Owners.
Section 13.2 Waiver. The failure of any Person to enforce
any covenant or oOligation herein contained shall in no event be
deemed a waiver by that or any other Person of its rights to
thereafter enforce the same. No liability shall attach to the
Declarant or an Owner for failure to enforce such covenants or
obligations.
ARTICLE XIV
REMEDIES
Section 14.1 Rights of Declarant and Association for
Violation by Owner. In the event that an Owner violates or
threatens to violate any provision of: (i) this Declaration,
(ii) the Rules and RegUlations adopted by the Board of Directors,
(iii) the Design Criteria, and/or (iv) other rules, restrictions,
regulations, and criteria adopted oy the Board of Directors or the
Declarant in accordance with this Declaration, the Association
and/or Declarant Shall have the right to:
A. seek any available relief in law and/or equity,
inclUding but not limited to, damages and injunctive relief; and/or
B. after five (5) days prior notice to the Owner
(except in an emergency, when no notice shall be required), enter
(or designate the proper Person or Persons to enter) upon the
Owner's Parcel and/or any part of the Common Areas and summarily
abate, cure, and/or remove any such violation without being liable
for any manner of trespass; and/or
C. Charge the Owner for all costs and expenses
(including, out not limited to, reasonable attorneys' fees)
incurred by the Association and/or Declacant in seeking and/or
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, .
enforcing any of' the remedies provided for herein, which charge
shall constitute a lien against the Owner's Parcel in the same
manner, and with the same enforcement rights, as the lien for
unpaid Assessments described in Article X herein.
Section 14.2 Rights of Declarant for violation by
Association. In the event that the Association (i) fails to meet
the maintenance standards established hereunder, (ii) makes or
approves any unauthorized Improvements, (iii) fails to properly
carryout its duties, or (iv) otherwise acts in violation of this
Declaration or the Exhibits hereto or any rules, regulations,
restrictions, and criteria adopted by the Board of Directors or
the Declarant in accordance with this Declaration, Declarant,
after five (5) days prior notice to the Association, shall have
the right to:
A. enter upon the Property as agent for the Association
(whiCh agency is coupled with an interest) and remedy the
violation, without being liable for any manner of trespass; and/or
B. enforce the Association's obligations through any
available legal and/or equ~table action; and/or
C. seek any other remedy available in law and/or
equity; and/or
D. be reimbursed for all costs and expenses (including,
but not limited to, reasonable attorneys' fees) incur red by
Declarant in-seeking and/or enforcing any of the remedies provided
for herein.
Section 14.3 Rights of Owners for Violation by an Owner or
Association. In the event that an Owner(s) or the Association
violates or threatens to violate any provision of this
DeClaration, or any rules and regulations adopted by the Board of
Directors in accordance with this DeClaration, any Owner (or group
of Owners) may seek any remedy available in law and/or equity.
Section 14.4 Attorney's Fees. In the event that attorney's
fees are incurred in any level of litigation arising under this
Declaration (inCluding, but not limited to, trial and appellate
proceedings) , the prevailing party shall be entitled to
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reimbursement from the other party (or parties) to the litigation
for the costs and reasonable attorney's fees incurred by the
prevailing party.
ARTICLE XV
DURATION
This Declaration, as amended, shall continue in full force and
effect against the property and the Owners thereof until
January 1, 2017, and shall, as then in force, be continued
automatically, and without further notice, from such date for
periods of ten (10) years each, without limitation, unless at
least six (6) months prior to January 1, 2017, or at least six (6)
months prior to the expiration of any successive ten-year period,
a termination of this Declaration, approved by the City, shall
have been recorded in the Public Records of the County (or other
proper public recording office).
Said termination of this
Declaration must be executed and acknowledged by the President (or
Vice-President) and Secretary (or Assistant Secretary) of the
Association, and must be approved by the affirmative vote of
f
(i) at least two-thirds (2/3) of the Board of Directors, at least
seventy five percent (75%) of the Voting Rights in the Park, and
the City, or (ii) at least eighty five perce/lt (65%) of the Voting
Rights in the Park, and the City.
In the event that this
Declaration is terminated under this provision, or any other
provision or Article contained herein, a similar Declaration shall
be executed and recorded in the Public Records of the County, if
necessary
to
insure
a
continuation
of
the
operational,
administrative,
and maintenance
services
performed
by
the
Association hereunder.
Declarant shall have no obligations or
liabilities with respect to, or arising from, the termination of
this Declaration.
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ARTICLE XVI
INSURANCE
Section 16.1 Liability Insurance. The Board of Directors
shall obtain PUblic liability and property damage insurance
covering all of the Common Areas and insuring the Association. the
Board of Directors, and the Owners as its and their interests
appear, in such amounts as the Board of Directors may determine
from time to time. If possible, all liability insurance shall
contain cross-liability endorsements to cover liability of the
Owners as a group to an Owner.
Section 16.2 Casualty Insurance. The Association shall
obta in fire and extended coverage insurance, flood insu rance, if
available, and vandalism and malicious mischief insurance,
insuring all the insurable improvements within the. Common Areas
and all personal property owned by the Association, in and for the
interests of the Association, all Owners and their mortgagees, as
their interests may appear, in an amount equal to the maximum
insurable replacement value of said improvements and personal
property as determined annually by the Board of Directors.
Section 16.3 Workmen's Compensation pOlicy. The Association
shall obtain a Workmen's Compensation pOlicy in an amount
sufficient to meet the requirements of law.
Section 16.4 Other Insurance. The Association shall obtain
such other insurance as the Board of Directors may determine from
time to time to be desirable.
Section 16.5 Individual Liability Insurance. Each Owner
shall be responsible for purchasing at his own expense all
insurance applicable to his Parcel and the operation of his
business thereon. Such insurance, where applicable, shall contain
the same waiver of subrogation, if available at a reasonable cost,
as referred to in Section 16.6 hereinafter.
Section 16.6 Waiver of sUbroqation. If available at a
reasonable cost, and where applicable, the Board of Directors
shall endeavor to obtain polic,ies which provide that the insurer
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waives its rights of subrogation as to any claims against Owners,
the Association, and their respective servants, invitees, agents
and guests.
Sect ion
16.7 Insurance
Reqa rd inq
Outside
Land.
The
Association is authorized to obtain and maintain the insurance
necessary to comply with any agreement entered
into under
Section 9.3 herein.
ARTICLE XVII
ECOLOGICAL PLAN AND SAND PINE PRESERVE AREAS
Section 17.1 General.
Each Owner and the Association shall abide by and comply
with the Ecological Plan, a copy of which shall be delivered to
each Owner
upon written
request to the Association.
The
Ecological Plan may be amended from time to time by Declarant,
subject to the prior written approval of the City and other
governmental entities as may be required by the Development Order.
Section 17.2 Sand pine Preserve Areas.
A. Declarant's Rights and Obl~gations.
1.
Obligations.
Declarant shall be responsible
for performing the obligations specifically set forth in the
Ecological Plan as being the obligations of Declarant.
2.
Rights.
The Declarant expressly reserves the
right to convey, lease, and/or develop, for industrial, office, or
commercial purposes, any areas that are owned by Declarant and
des ignated as sand pine preserve a reas in the Ecolog ical Plan,
sUbject to the prior written approval of the City and other
governmental entities as may be required by the Development
Orde r.
In the event that SUCh sand pine preserve areas are
developed fo r indust rial, off ice, 0 r commerc ial purposes, SUCh
Parcel or Parcels shall be assessed, and shall be maintained by
the Owner thereof, in the same manner as other Parcels in the Park.
B.
Association's Obligations.
Except as provided in
Section 17.2.A. above, the Association shall be responsible for
operating, maintaining, administering, repairing, and improl1ing
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any areas owned by Declarant within the Property that ar~
designated as sand pine preserve areas in the Ecological Plan and
any areas owned by Declarant within the Property that are reauired
by the Treasure Coast Regional Planning Councilor the City to be
preserved as sand pine preserve areas, and the costs thereof shall
be deemed to be a part of the Common Expenses.
C. Certain Owner's Obligations. Areas within certain
Parcels are designated as contingency areas under the Ecological
Plan, and other areas within certain Parcels are required by the
Treasure Coast Planning Councilor the City to be preserved as
sand pine preserve areas, and the Owner of suCh a Parcel shall
have the responsibility for preserving and maintaining such areas
accordingly. This Section l7.2.C. shall not apply to Parcels
owned by Decla rant, as such Pa rcels a re to be ma inta ined and
preserved in accordance with Sections 17.2.A. and 17.2.B. above.
Section 17.3 Swamp and Freshwater Marsn Habitat/Wetlands
Surface Water Management System.
A. Declarant's Obligations.
1. Tne Declarant shall ~stablish or preserve (a) a
vegitated littoral zone of hardwood swamp and freshwater marsh
habitat, (b) a wetland habitat, and (c) a buffer zone of native
upland vegetation around wetland and deepwater habitats which are
const ructed 0 r preserved by Decla rant with in the Pa rk, all in
accordance with the Development Order.
2. Upon the establishment of the habitats in (a)
and (b) above, Declarant shall implement a 2-year monitoring/
maintenance program to determine the success and survival rates of
the planted areas. The monitoring shall occur twice annually
during this 2-year period, and the maintenance shall occur as
often as necessary during this 2-year period to control
encroachment of pest exotic species. In the event that an 80%
survival rate of the planted wetland species is not aChieved at
the end of the 2-year period, additional planting shall De
undertaken by Declarant to achieve the required survival rates.
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"\
3. The Declarant's obligations herein may be
changed upon wri tten ag reement by and among the Decla rant, the
City, and other governmental entities as may be required by the
Development Order.
B. Association's Obligations. Except as provided in
Section 17.3.A. above, the Association shall be responsible for
operating, maintaining, administering, repairing and improving the
vegitated littoral zone of hardwood swamp and freshwater marsh
habitat within the Common Areas, the wetland and deepwater
habitats (and buffer zones of natural upland edge vegetation
around same) within the Common Areas, and the Park's surface water
management system within the Common Areas.
ARTICLE XVII I
CONVEYANCE FOR PUBLIC USE
Anything to the contrary herein notwithstanding, the
Assoc iat ion has the absolute right to ded icate 0 r convey, for
public use, its right, title and interest in and to any portion of
the Common Areas. The portion of theO Property so dedicated or
conveyed hereunder may be maintained by the appropriate
governmental body or by the Association. If the dedicated or
conveyed property is to be maintained by a governmental body, the
governmental body shall have a right of access to such property
for purposes of maintaining said property.
ARTICLE XIX
INTERNAL SECURITY FORCE
An internal security force ("Security Force") will be
established within the Park by the Board of Directors. The
Security Force shall be governed by rules and regulations adopted
by the Board of Directors, and shall work in cooperation with the
City of Boynton Beach Police Department ("Police Department").
The Security Force and the Police Department shall be entitled to
use the Association's principa.). office within the Park (or, if so
designated by the Association, a private, centrally-located
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,
\i1~i..1 _'"-r_''-I i;' .a. .l"""T-.'
security facility building within the Common Areas) as the Park's
security facility ("security facility") , for purposes of
coordinating security efforts between the Security Force and the
Police Department. All expenses incurred by the Association in
connection with this Article XIX shall be deemed to be a part of
the Common Expenses: provided, however, that any Owner of a Parcel
in excess of fifty (50) acres that maintains its own security
force ("private security force") for its Parcel shall not be
required to contribute to the expenses incurred by the Association
in connection with this Article XIX, as long as such private
security force has been approved in writing by the Board of
Directors. A private security force shall be approved by the
Board of Directors when such private security. force protects and
secures the Owner's Parcel in a manner at least equ~l to that of
the Park's Security Force. The S~curity Force shall not enter
upon a Parcel that maintains an approved private security force,
except in the case of a bona fide emergency.
ARTICLE XX 0
AMENDMENT
Section 20.1 General Procedure. Except as otherwise
specifically provided in this Declaration, any of the terms and
provisions in this Declaration may be amended or deleted, and/or
new terms and provisions may be created, by an amendment to this
Declaration approved by the affirmative consent of sixty-five
percent (65%) of the Voting Rights in the Park, except that an
amendment chang ing the method of sharing the payment of
Assessments under Section 10.2 herein must be approved by an
affirmative consent of one hundred percent (100%) of the Voting
Rights in the Park. The amendment shall be evidenced by a
Certificate of Amendment executed with the formalities of a deed.
The Certificate of Amendment need only be executed by the
President or Vice President of the Association and attested by the
Secretary or any Assistant Secretary of the Association unless
otherwise provided in this Declaration, and shall include the
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recording data identifying this Declaration and a certification
executed by such Officer and attested by such Secretary attacned
thereto certifying that the amendment was made in accordance with
the terms of this Declaration.
Section 20.2 Proviso.
Anything to
the contrary herein
notwi thstand ing:
A. This Declaration may be amended by Declarant at any
time without the joinder,
ratification or approval of the
Association, any Owner, or any lienholder, where such an amendment
is specifically provided for in this Declaration, and, in
addition,
for the purpose of
(i) submitting and subjecting
additional lands to the terms of this Declaration as set forth in
Article XXI below, and/or (ii) changing the name of the Park.
Such Amendment, which shall be recorded in the publi.c Records of
the County, need be executed and acknowledged only by the
Declarant with the formalities of the execution of a deed, and
shall include reference to the recording information identifying
this Declaration;
and no Certificate of the Association shall be
required.
o
B. Until the Declarant specifically elects in writing
to terminate this right of consent, all amendments to this
Declaration must be consented to in writing by Declarant, and in
the absence of such consent the Amendment shall be null and void.
C. Until the City of Boynton Beach specifically elects
in writing to terminate this right of consent, any amendment to
Section 9.3.B. herein must be consented to in writing by the City
of Boynton Beach, and in the absence of such consent the Amendment
shall be null and void.
D. Until the South Florida Water Management District
specifically elects in writing to terminate this right of consent,
any amendment affecting the Park's surface water management system
must be consented to in writing by the South Florida Water
Management District, and in the absence of such consent the
Amendment shall be null and void.
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Vr..Ct _i''''''..JLJ r~ J. J..,.{
ARTICLE XXI
ADDITIONAL LANDS
Declarant shall have the right to submit and subject
additional land or lands and all improvements thereto and thereon
("Additional Land"), to all or some of the terms of this
Declaration by recording in the Public Records of the County an
instrument which shall (1) be executed by the Declarant and all
record owners of the Additional Land with the formalities of a
deed, (2) specify which terms of the Declaration are to apply to
such Additional Land, (3) make reference to this Declaration, and
(4) contain a legal description of the Additional Land. The
Additional Land need not be a part of the land subject to the
Development Order, and need not be zoned as a Planned Industrial
Development District. Declarant shall have the rig-ht to submit
and subject such Additional Land to the terms of this Declaration
as often as it chooses to do so, in its sole and absolute
discretion, and without the joinder, ratification or approval of
the Association, any Owner or any lienholder. Upon the submission
and subjection of Additional Land @ to the terms of this
Declaration, such land shall be deemed to be a part of the
Property and the owners of the Additional Land shall be entitled
to enforce the terms of this Declaration, and shall likewise be
subject to the terms hereof, as though all of the Additional Land
were submitted and subjected to the terms of this Declaration when
the Decla rat ion was 0 rig inally reco rded. Decla rant shall comply
with applicable governmental land use regulations with respect to
actions taken under this Article.
ARTICLE XXII
RIGHTS APPURTENANT TO LOT 55
Anything in this Declaration (and the Exhibits hereto) to the
contrary notwithstanding, the following rights shall be
appurtenant to that certain Parcel designated as Lot 55, according
to that certain Quantum Park a,t Boynton Beach, P.LD. Plat No.5,
rp.corded in Plat BooK 57, at pages 189 and 190, in the Public
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ORB 5450?g 1 1 48
!<ecords of tne
"original Owner"
said Lot:
County ("Lot 55"), only for
(defined below) of said Lot 55
so long as the
is the Owner of
A. For purposes of this Article XXII, the "original
Owner" of Lot 55 shall be the first Owner of Lot 55 subsequent to
Declarant.
B. The original Owner of Lot 55 shall be entitled to
use said Lot 55 as a grocery distribution center without being in
violation of tnis Declaration or tne Exhibits hereto (subject to
applicable pUblic land use regulations).
C. The original Owner of Lot 55 shall be entitled,
unless otherwise precluded by law, to select one (1) member of tne
Board of Directors at all times, and to select the replacement for
sucn member in the event that such member selected by such
original Owner vacates, for any reason, his or her position as a
member of the Board of Directors.
D. The rignts granted under this Article XXII shall not
be modified or changed without the express written consent of the
original Owner of Lot 55. 0
E. At such time as the original Owner of Lot 55 is no
longer the Owner of said Lot 55, the provisions of this Article
XXII snall be null and void.
ARTICLE XXIII
HAZARDOUS WASTE/HAZARDOUS MATERIALS CONTAMINATION RESPONSE PLANS
A. Each Owner that uses, handles, stores, or displays
nazardous materials or generates hazardous waste (which shall
consist of the 129 priority pollutants, volatile organics, and
trace materials referred to in tne Clean Water Act, administered
by the Environmental Protection Agency, as amended from time to
time) must:
( i)
const ruct an
appropriate spill
hazardous materials
from entering tne
containment
fo r cleanup
storm water
system,
and to
des igned
prevent
to nold spilled
sucn materials
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ORB 5450 P'3 '1 '149
drainage system, and serving all structures or areas where
hazardous materials are used, handled, stored or displayed, or
where hazardous waste is generated; and,
(ii) develop an early warning monitoring program;
and,
(iii) remediate any contamination.
The containment system and monitoring program shall be approved by
the South Florida Water Management District and the Department of
Environmental Regulation.
B. To the extent applicable, the Association and each
Owner shall comply with the terms of the Hazardous Materials
Contamination Response Plans (as amended from time to time by the
Declarant with the City's prior written approval, in consultation
with the South Florida Water Management District, the Palm Beach
County Emergency Preparedness Division, the Department of
Environmental RegUlation, and the Treasure Coast Regional Planning
Council). A copy of the Hazardous Materials Contamination
Response Plans shall be delivered to an Owner upon written request
to the Association. 0
C. Each Owner hereby indemnifies and agrees to hold the
Association, the Declarant, and the members of the Committee, and
their respective successors, heirs and assigns harmless from and
against any loss, claim, liability, and/or damages (inclUding, but
not limited to, costs and attorneys' fees) incurred by the
indemnified party as a result of any action, suit, investigation,
or proceeding pertaining to or arising from the indemnifying
Owner's use, storage" handling, release, or introduction into the
environment, of any hazardous waste, hazardous materials,
regulated chemicals, or other regulated substances.
D. The Association shall have the authority to purchase
the insurance necessary to help protect the Association (and named
additional insureds) from any loss, claims and/or liability
pertaining to or arising from an Owner's (or Lessee's) use,
storage, handling, release, or, introduction into the environment,
of any hazardous waste, hazardous materials, regulated Chemicals,
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,/ ..I
- '__'w .. __-_
or other regulated substances, and shall have the authority to
name the Declarant and/or the members of the Committee, and their
respective successors, heirs and assigns as additional insureds.
The cost of such insurance shall be deemed to be a part of the
Common Expenses.
ARTICLE XXIV
NOTICE
Any notice or other communication to an Owner (other than
Declarant) shall be deemed properly given only when mailed in the
U.S. mail or hand delivered to the address of the Owner as set
forth in the Association's files. It shall be the Owner's
responsibility to keep his address current with the Association.
Any notice or other communication to Declarant shall be deemed
properly given only when mailed in the U.S. mail, registered mail
or certified mail, return receipt requested, to the Declarant at
2455 East Sunrise Avenue, Suite 1106, International Building, Fort
Lauderdale, Florida 33404, or such other address provided by
Declarant to the Owners and the Associcrtion. Any notice or other
communication to the Association shall be deemed properly given
only when mailed in the U. S. mail, registered mail or certified
mail, return receipt requested, or hand delivered (and receipted
for), to the Association at 2455 East Sunrise Avenue, Suite 1106,
International Building, Fort Lauderdale, Florida 33404, or SUCh
other address provided by the Association to the Owners and the
Declarant.
ARTICLE XXV
RIGHT TO MODIFY, CANCEL, OR LIMIT
Anything to the contrary herein notwithstanding, Declarant
specifically reserves the absolute and unconditional right,
without any joinder, ratification or approval of the Association,
any Owner or any lienholder, to alter, modify, change, revoke,
rescind, limit or cancel any' of the terms contained in this
Declaration and/or to add new terms to the Declaration, When
required to do so by any applicable governmental authority.
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ARTICLE XXVI
ASSIGNMENT
Any and/or all of the rights, powers, obligations, easements
and estates ("rights and obligations") reserved by or granted to
the Decla rant hereunder may be ass igned by the Decla rant. The
assignment shall be (a) in writing, (b) recorded in the Public
Records of the County, and (c) joined in by the assignee for
purposes of evidencing assignee's acceptance of the rights and
obligations so assigned. After any such assignment by the
Declarant, Declarant shall be relieved and released of all rights
and obligations so assigned.
ARTICLE XXVII
SEVERABILITY
The determination of any Court that any provision of this
Declaration is unenforceable, invalid or void shall not affect the
enforceability or validity of any other provisions hereof.
o
ARTICLE XXVII I
APPLICABLE LAW/VENUE
This Declaration shall be interpreted according to the laws of
the State of Florida, and the proper venue of any actions arising
hereunder shall be Palm Beach County, Florida.
ARTICLE XXIX
CAPTIONS
The captions used in this Declaration and EXhibits annexed
hereto are inserted solely as a matter of convenience and shall
not be relied upon and/or used in construing the effect or meaning
of any of the text of this Declaration or EXhibits hereto annexed.
-4 )-
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ORB 54-50?'3 j 152
ARTICLE XXX
SINGULAR/PLURAL - MASCULINE/FEMININE
Words used herein in the singular shall include the plural
(and vice versa), and words in the masculine shall include words
in the feminine or neuter gender (and vice versa), unless the text
thereof expressly requires the contrary.
ARTICLE XXXI
VETO POWER
Until the veto right under this Article XXXI is specifically
waived in writing by Declarant, Declarant hereby expressly
reserves the right to veto any or all of the fOllowing events
and/o r act ions, and upon such veto, such vetoed events and/o r
actions shall be null and void:
A. Adoption of Association budgets, annual or
otherwise, which constitute a change of at least fifteen (15%)
percent (over or under) from the prior year's budget:
B. Approval or disapproval by the Committee of any
Improvement within the Park: e
C. Attempted resubdivision of the Property, or any part
thereof:
D.
The entering
into management contracts by the
Association:
E. Attempted relocation, termination, or conveyance of
any Common Areas:
F. Assessment for capi tal improvements imposed by the
Association:
G. Attempted settlement of any claim made by the
Association to collect upon any policy of casualty insurance whiCh
insures the Common Areas:
H. Attempted cancellation or reduction of insurance
coverage insuring all or any part of the Common Areas;
I. Attempted dissolution of the Association.
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.... 1 h.' _, I..J -., '. . . _'""-J
AnTICLE XXXII
DISSOLUTION OF ASSOCIATION
In the event the Association is dissolved, the Common
Areas shall be conveyed to: (1) a non-profit corporation that is
organized for purposes similar to those of the Association, or
(2) a governmental body or public agency. The entity or entities
("New Entity") to which the Common Areas are conveyed shall then
assume the obligations of the Association hereunder regarding said
Common Areas, and the New Ent i ty shall have the same assessment,
lien and enforcement rights against the Owners and Parcels as the
Association has hereunder. In the event that no such conveyance
is made under (1) or (2) above, and the Association is dissolved,
the Association shall, nevertheless, continue to exist as an
unincorporated membership organization with the same rights and
obligations of the Association hereunder.
ARTICLE XXXIII
RESTRICTIONS PREVAIL OVER LESS STRINGENT
GOVERNMENTAL REGULAtIONS
Where the covenants and restrictions
Declaration impose minimum standards more
governmental standards and regulations, the
restrictions in this Declaration shall prevail,
precluded by Florida law.
set forth in this
stringent than
covenants and
unless otherwise
ARTICLE XXXIV
LESSEES
Owners shall be responsible for all acts and actions of their
Lessee(s). Lessees shall comply with this Declaration (and the
Exhibits hereto), as well as any rules, regulations, restrictions
and criteria adopted by the Board of Directors or the Declarant
hereunder, in the same manner as an Owner, and any violation of
same by a Lessee shall be treated as a violation by the Owner.
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ARTICLE XXXV
AMENDMENTS TO GOVERNMENTAL LAND USE REGULATIONS
With respect to any Parcels owned by Declarant, the Declarant
hereby reserves the right to amend at any time, and from time to
time, the Development Order, the Master Site Development Plan, the
City's Zoning and/or Comprehensive Plan designation, and any Plat
of public record, without any approval, consent, or joinder of any
Owner, any lienholder, or the Association. In the event that the
applicable governmental body requires the approval, consent and/or
jo inder of any Owner, 1 ienholder, 0 r the Assoc iat ion, then the
Declarant is hereby appointed as the agent for such parties for
purposes of signing any and all documents required by such
governmental body in connection therewith, and/or such parties
shall be required to sign the approvals, consents,. and joinders
necessary to carry out the amendments hereunder. In connection
with any amendments under this Article, the Declarant and/or the
Association shall have the authority to alter, realign, or convey
a portion of the Common Areas, provided that the rights of the
Owners are not significantly and ad~ersely affected by such
alteration, realignment or conveyance.
ARTICLE XXXVI
MORTGAGEE CONSENT AND ACCEPTANCE
In the event that The Chase Manhattan Bank (N.A.), a national
banking association (the "Bank") or other Person acquires the fee
simple title to the Property (or part thereof) upon the
foreclosure of tne Bank's "Mo rtgage" (def ined in the fo llowing
sentence) or upon delivery of a deed in lieu of foreclosure of the
Bank's "Mortgage", the Bank or Person acquiring such title shall
be entitled to exercise any and/or all of the rights of Declarant
under this Declaration, and Declarant shall execute the documents
necessary to evidence suCh rights. For purposes of this Article
tne Bank's "Mo rtgage" sha 11 mean and refer to tne Bu ild ing Loan
Mortgage (and all amendments thereto) described in the Consent and
Acceptance of Mortgagee annexed to this Declaration.
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ARTICLE XXXVII
EFFECTIVE DATE OF THIS DECLARATION
This Declaration shall become effective up:ln its recordation
in the PUblic Records of the County.
IN WITNESS WHEREOF, the Declarant has caused this Declaration
be duly executed by a General Partner this 14L+l> day of
to
October, 1987.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
(1) ::Pa~]~
( 2) lJ.dl'f "'. ..a. (!,;.,J
QUA'~ATES
By: .,0
Edward B. Deutscn,
as General Partner
STATE OF FLORIDA
)
) 55.
)
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this /~
day of October, 1997, by EDWARD B. DEUTSCH, as General Partner of
o
QUANTUM ASSOCIATES, A Florida General Partnership, on behalf of
the PartnerShip.
...... "'"
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f. .
~ ri}. C'.tJ.~.-'-'
Notary PUblic
My commission expires:
,', .........
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.: ~ 4, '"
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:~:,.\.. !~; ~: ..ioc.:'
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10'ARY PUBLIC SIAIE OF FLORIDA
II CORRISSIOI EXP. APR 2~.19B9
BOIOEO IHRU GEItBAL liS. URO.
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JOINDER AND ACCEPTANCE OF ASSOCIATION
FOR GOOD AND VALUABLE CONSIDERATION. receipt whereof is hereby
acknowledged, QUANTUM PARK PROPERTY OWNERS' ASSOCIATION, INC.. a
Florida nonprofit corporation, hereby agrees to accept all of the
benefits and all of the duties, responsibilities, obligations, and
burdens imposed upon it by the provisions of this Declaration and
exhibits attacbed hereto.
IN WITNESS
INC., a Florida
be duly signed
October, 1987.
WHEREOF. QUANTUM PARK PROPERTY OWNERS' ASSOCIATION,
nonprof it co rpo rat ion, has caused these p~sents to
in its name by its President, this.l!l:!::. day of
SIGNED, SEALED AND DELIVERED
'RERENCE OF', ~
(l)~H;J. ~_ I/""
(2)~ :7.~
K PROPERTY
OCIATION. INC.
By:
(CORPORATE SEAL)
STATE OF FLORIDA
55.
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this 1!1:!!:
day of October, 1987, by EDWARD B. DEUTSCH, as President of QUANTUM
PARK PROPERTY OWNERS' ASSOCIATION, INC., a Florida nonprofit
corporation, on behalf of the corporation.
..'
~ ,J:. ~
Notary PUblic
. .. ~..""'" . \
....(NOTAR:1Al,' IMPRESSION
.... .'7 , 0 ":.-SEAL)
',,:~ {.. 'Co : L /:',:
.... ~':~.,:.~'~J......-.: .:..~~"
, My Commission Expires:
IOTAAY PUBLIC STATE or rlOAIO~
MY COMMISSION EXP. APA 24,1909
10110(0 IHAU GENERAL INS. UlO.
-48-
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,
1l1i0 ~...,.::>U rs I l::> (
CONSENT AND ACCEPTANCE OF MORTGAGEE
FOR GOOD AND VALUABLE CONSIDERATION, receipt whereof is hereby
acknowledged, The Chase Manhattan Bank (N.A.), a national banking
association, the owner and holder of that certain Building Loan
Mortgage recorded in Official Records Book 4696, Page 58, in the
Public Records of Palm Beach County, hereby consents to and accepts
the terms and provisions of the foregoing Declaration of Protective
Covenants, and consents to the recording of said Declaration in the
Public Records of Palm Beach County.
(1):t#~
(21.'~ _ -,/ :)JJ~ /lti; J
/:
STATE OF )lu.- r"~L
COUNTY OF ,/,z~<,,: rJ.~L
THE CHASE MANHATTAN BANK (N.A.),
A National Ba 'g A 0 . tion
By: ') ) ",
Its Vlce P eSldent
Edward Snev11n, ~r.
WITNESSES
The foregoing instrument was acknowledged before me this!.2.. n;
day of
--
t){.....-J,
1987, by
Edward Snevlin, ~~
as Vice President of THE CHASE MANHATTAN BANK (N.A.), a national
banking association, on behalf of said Association.
(~OTARY SEAL)
/f ' /J, '
( :l.e--dL~<'~~-~<.-
Notar~ Public
My Commission Expires:
CATHERINE INDIMINf:
ItotlIry Public, SllIle of New Yorl<
No. 41";839110
Qualified In Queens County
Commission Explr.s April 6. 1989
. ..~ .
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-49-
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101487-3
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.
ALL OF THE PROPERTY PLATTED PURSUANT TO THAT CERTAIN PLAT OF
QUANTUM PARK AT BOYNTON BEACH, P.LD. PLAT NO.1-A, RECORDED IN
PLAT BOOK 57, AT PAGES 180 AND 181. IN THE PUBLIC RECORDS OF PALM
BEACH COUNTY.
AND
ALL OF THE PROPERTY PLATTED PURSUANT TO THAT CERTAIN PLAT OF
QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.1, RECORDED IN PLAT
BOOK 57, AT PAGES 182 AND 183, IN THE PUBLIC RECORDS OF PALM BEACH
COUNTY.
AND
ALL OF THE PROPERTY PLATTED PURSUANT TO THAT CERTAIN PLAT OF
QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.2, RECORDED IN PLAT
BOOK 57, AT PAGES 184 AND 185, IN THE PUBLIC RECORDS OF PALM BEACH
COUNTY.
AND
ALL OF THE PROPERTY PLATTED PURSUANT TO THAT CERTAIN PLAT OF
QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.4, RECORDED IN PLAT
BOOK 57, AT PAGES 186 THROUGH 188, INCLUSIVE, IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY.
AND
ALL OF THE PROPERTY PLATTED PURSUANT TO THAT CERTAIN PLAT OF
QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.5, RECORDED IN PLAT
BOOK 57, AT PAGES 189 AND 190, IN THE PUBLIC RECORDS OF PALM BEACH
COUNTY.
,
AND
ALL OF THE PROPERTY PLATTED PURSUANT TO THAT CERTAIN PLAT OF
QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.6, RECORDED IN PLAT
BOOK 57, AT PAGES 191 THROUGH 193, INCLUSIVE, IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY.
AND
ALL OF THE PROPERTY PLATTED PURSUANT TO THAT CERTAIN PLAT OF
QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.7, RECORDED IN PLAT
BOOK 57, AT PAGES 194 AND 195, IN THE PUBLIC RECORDS OF PALM BEACH
COUNTY.
AND
ALL OF THE PROPERTY' PLATTED PURSUANT TO THAT CERTAIN PLAT OF
QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.8, RECORDED IN PLAT
BOOK 57, AT PAGES 196 AND 197, IN THE PUBLIC RECORDS OF PALM BEACH
COUNTY.
AND
A PARCEL OF LAND LYING IN THE SOUTHWEST ONE-QUARTER (SW 1/4) OF
SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, COUNTY OF PALM
BEACH, STATE OF FLORIDA AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT ,THE WEST ONE-QUARTER (W 1/4) CORNER OF SAID
SECTION 16; THENCE SOUTH 88028'32" EAST ALONG THE NORTH LINE OF
THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SAID SECTION 16 A DISTANCE
OF 706.07 FEET; THENCE SOUTH 01031'28" \~EST A DISTANCE OF 120.92
FEET TO THE SOUTH RIGHT-OF-WAY' LINE OF N.W. 22ND AVENUE, AS SAID
RIGHT-OF-WAY IS DESCRIBED IN DEED RECORDED IN OFFICIAL RECORD BOOK
2228 PAGE 577 OF THE PUBLIC RECORDS OF SAID COUNTY AND THE POINT
OF BEGINNING; THENCE SOUTH 86017'07" EAST ALONG SAID SOUTH
RIGHT-OF-WAY LINE A DISTANCE OF 607.72 FEET TO 'fHE WEST
RIGHT-OF-WAY LINE OF THE SEABOARD ALL FLORIDA RAILWAY
EXHIBIT "A"
\
RIGHT-OF-WAY 1 AS SAID RIGHT-OF-WAY LINE IS DESCRIBED IN FINAL
JUDGMENT (TRACT ONE) OF THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT OF FLORIDA, PALM BEACH COUNTY, RECORDED IN
MINUTES CIRCUIT COURT, NO. 14 AT PAGE 470, AND DATED APRIL 15,
19261 THENCE SOUTH 14008'00" WEST ALONG SAID \iEST RIGHT-OF-WAY
LINE A DISTANCE OF 1,188.51 FEET TO THE SOUTH LINE OF THE
NORTHWEST ONE-QUARTER (NW 1/4) OF THE SOUTHWEST ONE-QUARTER
(SW 1/4) OF SAID SECTION 161 THENCE NORTH 88046' 25" WEST ALONG
SAID SOUTH LINE A DISTANCE OF 472.10 FEET TO THE EAST RIGHT-OF-WAY
LINE OF HIGH RIDGE ROAD AS SAID RIGHT-OF-WAY IS SHOWN ON THE PLAT
OF QUANTUM PARK AT BOYNTON BEACH, P. I. D. PLAT NUMBER 6, THENCE
ALONG SAID EAST RIGHT-OF-WAY LINE THROUGH THE FOLLOWING 4 NUMBERED
COURSES AND DISTANCES.
1) NORTH 14010' 59" EAST A DISTANCE OF 343.76 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF
1,600.00 FEET AND A CENTRAL ANGLE OF 14042'16".
2) NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 410.63
FEET TO A POINT OF TANGENCY.
3) NORTH 00031'17" WEST A DISTANCE OF 416.77 FEET.
4) NORTH 46035' 48" EAST A DISTANCE OF 36.64 FEET TO THE POINT OF
BEGINNING.
AND
A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 45 SOUTH, RANGE 43
EAST, COUNTY OF PALM BEACH, STATE OF FLORIDA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH ONE-QUARTER (N 1/4) CORNER OF SAID SECTION
171 THENCE NORTH 89016' 21" EAST ALONG THE NORTH LINE OF SAID
SECTION 17 A DISTANCE OF 1,254.65 FEET TO THE EAST LINE OF THE
WEST ONE-HALF (W 1/2) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF
SAID SECTION 171 THENCE SOUTH 00003'05" EAST ALONG SAID EAST LINE
A DISTANCE OF 54.00 FEET TO A POINT ON ~HE SOUTH RIGHT-OF-WAY LINE
OF MINER ROAD AS SAID RIGHT-OF-WAY IS DESCRIBED IN DEED RECORDED
IN OFFICIAL RECORD BOOK 4594, PAGE 14 51 OF THE PUBLIC RECORDS OF
SAID COUNTY. SAID POINT ALSO BEING THE POINT OF BEGINNING1 THENCE
CONTINUE ALONG SAID EAST LINE WITH A BEARING OF SOUTH 00003' 05"
EAST A DISTANCE OF 2571.44 FEET TO THE EAST-WEST ONE-QUARTER
(EW 1/4) LINE OF SAID SECTION 171 THENCE ,,!ORTH 89008' 39" EAST
ALONG SAID EAST-WEST ONE-QUARTER (EW 1/4) LINE A DISTANCE OF
356.29 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF
NORTHWEST 22ND AVENUE AS SAID RIGHT-OF-WAY IS DESCRIBED IN DEEDS
RECORDED IN OFFICIAL RECORD BOOK 1738, PAGE 1686 AND OFFICIAL
RECORD BOOK 4594, PAGE 1454 OF THE PUBLIC RECORDS OF SAID COUNTY
SAID POINT BEING ON AN ARC OF A CURVE CONCAVE SOUTHERLY, (A RADIAL
LINE PASSING THROUGH SAID POINT BEARS NORTH 19051' 50" WEST) THENCE
TRAVERSING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THROUGH THE
FOLLOWING 2 NUMBERED COURSES AND DISTANCES:
1) SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF
1,691.02 FEET AND THROUGH A CENTRAL ANGLE OF 23022'04" A
DISTANCE OF 689.68 FEET TO A TANGENT LINE1
2) SOUTH 46046' 06" WEST ALONG SAID TANGENT LINE A DISTANCE OF
614.71 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF QUANTUM
BOULEVARD AS SAID BOULEVARD IS SHOWN ON THE PLAT OF QUANTUM
PARK AT BOYNTON BEACH, PLAT NO.2, THENCE, TRAVERSING ALONG
THE RIGHT-OF-WAY LINE OF SAID QUANTUM BOULEVARD AS SAID
RIGHT-OF-WAY IS SHOWN ON SAID PLA'f THROUGH THE FOLLOIHNG 11
NUMBERED COURSES AND DISTANCES:
1) NORTH 88013'54" WEST A DISTANCE OF 35.36 FEET:
2) NORTH 43013' 54" WEST A DISTANCE OF 22.77 FEET TO 'fHE BEGINNING
OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 450.00 FEET
AND A CENTRAL ANGLE OF 62013'54"1
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3)
.
NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 4,
FEET TO A POINT OF TANGENCY;
4) NORTH 19000'00" EAST A DISTANCE OF 620.00 FEET TO
BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS
688.70 FEET AND A CENTRAL ANGLE OF 58000'00";
5) NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 697.1
FEET TO A POINT OF TANGENCY;
6) NORTH 39000'00" WEST A DISTANCE OF 230.00 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF
550.00 FEET AND A CENTRAL ANGLE OF 131054'17";
7) WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE
OF 1266.19 FEET TO A POINT OF TANGENCY;
S) SOUTH 09005'43" WEST A DISTANCE OF 280.00 FEET TO THE
BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF
6,887.50 FEET AND A CENTRAL ANGLE OF 03028'30";
9) SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 417.73
FEET TO A POINT OF TANGENCY;
10) SOUTH 12034'13" WEST A DISTANCE OF 287.98 FEET TO THE
BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
450.00 FEET AND A CENTRAL ANGLE OF 67039'59";
11) SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 531.45
FEET TO THE CENTERLINE OF THE LAKE WORTH DRAINAGE DISTRICT E-4
CANAL AS SAID CANAL IS DESCRIBED IN DEED RECORDED IN OFFICIAL
RECORD BOOK 4788, PAGE 1983 OF THE PUBLIC RECORDS OF SAID
COUNTY;
THENCE, DEPARTING FROM THE RIGHT-OF-WAY OF SAID QUANTUM BOULEVARD
AND TRAVERSING ALONG THE CENTERLINE OF SAID E-4 CANAL THROUGH THE
FOLLOWING 5 NUMBERED COURSES AND DISTANCES;
1) NORTH 07010'49" WEST A DISTANCE OF 190.52 FEET TO THE
BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF
750.00 FEET AND A CENTRAL ANGLE OF 19045'02";
2) NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 258.53
FEET TO A POINT OF TANGENCY;
3) NORTH 12034'13" EAST A DISTANCE OF 271.47 FEET TO THE
BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF
6,500.00 FEET AND A CENTRAL ANGLE OF 03028'30";
4) NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 394.23
FEET TO A POINT OF TANGENCY;
5) NORTH 09005'43" EAST A DISTANCE OF 1818.49 FEET TO THE
WESTERLY PROLONGATION OF THE SOUTH RIGHT-OF-WAY LINE OF SAID
MINER ROAD;
THENCE TRAVERSING ALONG SAID WESTERLY PROLONGATION AND THE SOUTH
RIGHT-OF-WAY LINE OF MINER ROAD THROUGH THE FOLLOWING 5 NUMBERED
COURSES AND DISTANCES:
1) NORTH 89016'21" EAST A DISTANCE OF 148.15 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF
2,354.00 FEET AND A CENTRAL ANGLE OF 07050'43";
2) EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE
OF 322.32 FEET TO A TANGENT LINE;
3) NORTH 81025'38" EAST ALONG SAID TANGENT LINE A DISTANCE OF
446.45 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH
HAVING A RADIUS OF 2,246.00 FEET AND A CENTRAL ANGLE OF
07050'43";
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\11\.... _" "__ '</ ... ...-.....
4) EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 307.54 FEET
TO A TANGENT LINE;
5) NORTH 89016'21" EAST ALONG SAID TANGENT LINE A DISTANCE OF
773.50 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL:
A parcel of land lying in Section
East, County of Palm Beach,
particularly described as follows:
17, Township 45 South, Range 43
State of Florida, and more
Commencing at the North one-quarter (101 1/4) corner of said Section
17; thence, South 890 16' 21" West along the No rth 1 ine of the
Northwest one-quarter (NW 1/4) of said Section 17 a distance of
621.66 feet to the East right-of-way line of the LaKe Worth
Drainage District Equalizing Canal E-4 as said right-of-way is
described in deed recorded in Official Record BooK 1732, Page 612
of the Public Records of said County; thence, South 090 OS' 43"
West along said East right-of-way line a distance of 160.35 feet
to the proposed South R/W line of Miner Road and the point of
beginning; thence, continue South 09005' 43" West along the East
right-of-way line of said E-4 Canal a distance of 842.77 feet;
thence, South 80054'17" East a distance of 216.01 feet: thence,
North 67000'13" East a distance of 318.88 feet; thence, South
13021'37" East along the North prolongation of a qldial line a
distance of 402.52 feet to a point on the arc of a curve, concave
to the South having a radius of 550.00 feet and a central angle of
64021'37"; thence, Easterly and Southerly along the arc of said
curve a distance of 617.81 feet to a point of cusp: thence, North
39000'00" West a distance of 215.00 feet to the beginning of a
curve concave to the East having a radius of 650.00 feet and a
central angle of 65030'00"; thence, Northerly along the arc of
said curve a distance of 743.07 feet to a point of reverse curve,
which is a curve concave westerly having a radius of 1320.00 feet
and a central angle of 25027'25"; thence, Northwesterly along the
arc of said curve a distance of 586.48 feet to a point on the
proposed South R/W line of Miner Road, said right-of-way line
being a curve concave to the South having a radius of 2246.00
feet, and a central angle of 03014'12", a radial line passing
through said point bears North 05020'09" West; thence, westerly
along the arc of said curve a distance of 126.88 feet to a tangent
line: thence, South 81025'38" West a distance of 446.45 feet to
the beginning of a curve concave to the North having a radius of
2354.00 feet and a central angle of 07050'43"; thence, Westerly
along the arc of said curve a distance of 322.32 feet to a tangent
line; thence, South 89016'21" West along said tangent line a
distance of 59.35 feet to the point of beginning, lessing and
excepting therefrom a parcel of wetlands lying in Section 17,
Township 45 South, Range 43 East, County of Palm Beach, State of
Florida, and more particularly described as follows:
Commencing at the North one-quarter (N 1/4) corner of said Section
17; thence South 890 16' 21" West along the North line of the
Northwest one-quarter (NW 1/4) of said Section 17 a distance of
621.66 feet to the East right-of-way line of The Lake Worth
Drainage District Equalizing Canal E-4 as said right-of-way is
described in Deed recorded in Official Record Book 1732, Page 612
of the Public Records of said County; thence, South 090 05' 43"
West along said East right-of-way line a distance of 160.35 feet
to the proposed South R/W line of Miner Road thence, North
89016'21" East along said South right-of-way line a distance of
59.35 feet to the beginning of a curve concave to the North having
a radius of 2354.00 feet and a central angle of 05046'27"; thence,
Easterly along the arc of said curve a distance of 237.23 feet to
the point of beginning; thence, traversing along the limits of a
parcel representing 3.800 acres of wetlands through the following
19 numbered courses and distances:
-4-
1885P
un" ":';"'1-:Ju r~ :i .l 0..::.
1) South 000 43' 39 East a distance of 303.48 feet;
2) South 810 07' 33 East a distance of 62.13 feet;
3) South 700 01' 59 East a distance of 84.82 feet;
4) North 620 26' 00 East a distance of 53.48 feet;
5) North 720 12" 44 East a distance of 38.78 feet;
6) North 520 49' 36 East a distance of 20.10 feet;
7) North 440 39' 48 West a distance of 33.89 feet;
8) North 350 31' 41' East a distance of 22.44 feet;
9) South 500 44' 13 East a distance of 12.29 feet;
10) North 870 58" 28 East a distance of 308.11 feet;
11) North 020 05' 16 West a distance of 67.86 feet;
12) North 050 07' 19 West a distance of 40.44 feet;
13) North 110 00' 23 West a distance of 56.23 feet;
14) North 150 02' 07 West a distance of 30.08 feet;
15) North 240 04' 50 West a distance of 28.20 feet;
16) North 470 17' 34 West a distance of 5.22 feet;
17) North 460 03' 51" West a distance of 126.85 feet to the
South right-of-way line of said Miner Road;
18) South 810 25' 38" West along said South right-of-way line
a distance of 340.09 feet to the beginning of a curve
concave to the North having a radius of 2354.00 feet and
a central angle of 020 04' 16";
19) Westerly along the arc of said curve a distance of 85.10
feet to the point of beginning.
o
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~e I certify that the attached is a true and correct copy of the 5W5
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~ Articles of Incorporation of QUANTUM PARK PROPERTY OWNERS' 5W~
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~ ASSOCIATION. INC~ a corporation organized under the Laws of the ~);!
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5~e State of Florida, filed on October 14, 1987. as shown by the records 5~e
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EXHIBIT "B"
Ulil:l ~~::>U i'9 1 1 b~
101287-2
0861P
ARTICLES OF INCORPORATION
OF
QUANTUM PARK PROPERTY OWNERS'
ASSOCIATION, INC.
The undersigned, hereby establishes the following for the
purpose of becoming a nonprofit corporation under the laws of the
State of Florida, by and under the provisions of the statutes of
the State of Florida providing for the formation, liability,
rights, privileges and immunities of a corporation not for profit.
ARTICLE I
Name of Corporation
The name of this Corporation (hereinafter the "Corporation")
shall be QUANTUM PARK PROPERTY OWNERS' ASSOCIATION, INC.
ARTICLE II
Purposes
Quantum Associates,
a Florida General Partnership,
its
successors and assigns, collectively referred to herein as
"Declarant", is developing certain prope/ty in the City of Boynton
Beach, Palm Beach C?unty, Florida, known as "Quantum Park at
Boynton Beach" (hereinafter the "Park").
The Park is more
particularly described in the Declaration of Protective Covenants
of the Park (hereinafter the "Declaration"), the Declaration to
which these Articles of Incorporation are attached as an Exhibit.
The purpose of this Corporation is to own, lease, maintain,'
operate, and/or administer certain property within or related to
the Park, and to carry out its rights and duties set forth in the
Declaration.
ARTICLE III
Powers and Limitations
A. The Corporation shall have the power:
1. To own, lease, operate, maintain, and administer the
Common Areas, and other property within or related to the Park in
accordance with the Declaration.
011'1:\ ~4JU 1'9 :1 1 b~
2. To
reasonable rules
Park.
establish, through its Board of Directors,
and regulations regarding the property within the
3. To carry out all the powers and duties vested in the
Corporation pursuant to these Articles and the Bylaws of the
Corporation, and pursuant to the Declaration.
4. To do all things necessary to carry out the opera-
tion of the Corporation as a natural person might or could do and
to exercise and enjoy all the powers, rights and privileges
granted to or conferred upon corporations of similar character by
the provisions of Chapter 617, Florida Statutes, and Chapter 607,
Florida Statutes, respectively. '
5. To engage professional management agents to manage
its affairs, and pay a fee therefor.
6. To grant easements and leases to any Person (as said
term is def ined in the Declaration) over, under, through, and/or
across the Common Areas, for or without compensation to this
Corporation, without any need to obtain the approval or joinder of
any member or lienholder thereof.
7. To assess members of the Association, and enforce
such assessments in accordance with the Declaration.
B. The Corporation is not organized for profit, nor shall it
have the power to issue certificates of stock or pay dividends.
C. All funds and title to all interests in property acquired
by the Corporation, whether fee simple or leasehold or otherwise,
and the proceeds thereof shall be held in trust for members of the
Corporation.
D. The Corporation shall not be authorized to make any un-
reasonable accumulations of cash or assets as determined by the
Internal Revenue Code or the rules and regulations pursuant
thereto.
ARTICLE IV
Corporate Existence
This Corporation shall have perpetual existence unless sooner
dissolved by law. The Corporation may be dissolved upon unanimous
resolution to that effect being adopted by the members of the
Board of Directors and approved by an af;irmative vote of at least
eighty-five percent (85\) of all of the total voting rights in the
Park, and, after receipt of an appropriate decree of dissolution,
if such decree is necessary at the time of dissolution as set
forth in Florida Statutes, Chapter 617, or statute of similar
import.
ARTICLE V
Qualifications for Members and Manner
of Admission and Voting Riqhts
1. All Owners in the Park shall be members of the
Corporatio.n.
An Owner shall automatically be a member of the
Corporation upon the recording in the Public Records of the
County, of the document evidencing the Owner's fee simple title to
a Parcel.
2. Voting Rights shall be based on the formula of one vote
per acre within a Parcel owned by a member. Fractional portions
086lP
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/
of acres shall be rounded up or down depending on the size of the
fraction; fractional portions equal to or greater than 1/2 of an
acre shall be rounded up, while fractional portions less than 1/2
of an acre shall be rounded down (for example, a 10.3 acre Parcel
owned by a member will be entitled to 10 votes, and a 10.7 acre
Parcel owned by a member will be entitled to 11 votes). Anything
to the contrary herein notwithstanding, a Parcel less than 1/2 of
an acre shall be entitled to one (1) voting Right. If a parcel is
owned by two (2) or more Owners, the voting rights applicable to
such Parcel shall be determined as if there were only one (1)
Owner.
ARTICLE VI
Directors
1. The business of this Corporation shall be conducted by a
Board of Directors, consisting of not less than three" (3) nor more
than seven (7) Directors. The initial Board of Directors shall
consist of three (3) Directors.
2. The election of directors, their removal and the filling
of vacancies on the Board of Directors shall be in accordance with
o
the Bylaws of this Corporation.
3. The directors herein named (see Article IX) shall serve
until their successors are duly elected and qualified, or until
they are removed in the manner elsewhere provided, or until they
resign, whichever first occurs, and any vacancies in their number
occurring before a successor has been duly elected and qualified
shall be filled in accordance with the Bylaws of this Corporation.
ARTICLE VII
Officers
The affairs of the Corporation shall be managed by a presi-
dent, vice president, secretary, treasurer, assistant secretary,
assistant treasurer, and such other officers as may be authorized
by the Board of Directors. A person may hold more than one office
except that the offices of President and Secretary shall not be
held simultaneously by the same individual.
Said officers shall
be elected annually by the Board of Directors at the annual
0861P
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liiiS ~4~U r'3 116 I
meeting of the Board of Direct.ors and shall hold office until
their successors shall be duly elected and qualified, or until
they are removed, or until they resign, whichever first occurs.
The first officers of the Corporation shall be:
President Edward B. Deutsch
Vice-President Thomas K. Ireland
Secretary Melvin Simon
Treasurer Thomas K. Ireland
ARTICLE VIII
Names and Post Office Addresses of Directors
The names and post office addresses of the members of the
first Board of Directors who shall hold office pursuant to the
terms and provisions of these Articles of Incorporation and Bylaws
of the Corporation shall be:
1. Edward B. Deutsch 2455 E. Sunrise Blvd. , #1106
Ft. Lauderdale, FL 33304
2. Melvin Simon 115 W. Washinqton St., U500E
Indianapolis, IN 46204
3. Thomas K. Ireland 2455 E. Sunrise Blvd. , U106
Ft. Lauderdale, FL 33304
ARTICLE IX 0
Bylaws
The first bylaws of the Corporation shall be adopted by the
Board of Directors named herein and may be altered, amended or
rescinded in the manner provided by the Bylaws, which shall be by
(1) the members and the Board of Directors and/or (2) the members
as provided therein.
ARTICLE X
Indemnification
1. The Corporation shall indemnify any Director or Officer
of the Corporation, and/or any member of the Architectural Review
Committee (as defined in the Declaration), collectively referred
to herein as the "Indemnities" and individually referred to herein
as an "Indemnitee," made a party or threatened to be made a party
to any threatened, pending or completed action, suit or proceeding
as follows. This indemnification shall extend to any action of a
judicial,
administrative,
criminal,
or
investigative
nature
0861P
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Uno ~"'t-::>u 1'9 1 '100
(including but not limited to, an action by the Corporation),
brought by or against an Indemnitee, based on an act, or acts,
alleged to have been committed by such Indemnitee, in his capacity
as an Officer, Director or member of the Architectural Review
Committee.
In
any
such
action,
the
Indemnitee
shall
be
indemnified against judgments, losses, liabilities, costs, fines,
amounts paid in settlement, and reasonable expenses, including
attorneys' fees, actually and necessarily incurred as a result of
such action, suit, or proceeding or any appeal therein, provided
such Indemnitee did not act with gross negligence or willful
misconduct.
The termination of any such action,
suit, or
proceeding by judgment, order, settlement, conviction, or upon a
plea of nolo contendere or its equivalent shall not, in itself,
create a presumption that any such Indemnitee acted with gross
negligence or willful misconduct.
2. Indemnification as provided in this Article shall con-
tinue as to a person who has ceased to be a Director, Officer, or
member of the Architectural Review Committee, and shall inure to
person.
References herein
executors, and administrators of such
Q
to Directors, Officers and members of
the benefit of the heirs,
the Architectural Review Committee, shall include not only current
Directors, Officers, and members of the Architectural Review
Committee, but former Directors, former Officers, and former
members of the Architectural Review Committee as well.
3. The Corporation shall have the power to purchase and
maintain insurance on behalf of any person who is a Director or
Officer of the Corporation, or a member of the Architectural
Review Committee, against any liability asserted against him and
incurred by him in any such capacity or arising out of his status
as such, whether or not the Corporation would have the power to
indemnify him against such liability under the provisions of this
Article.
4. The aforementioned rights shall be in addition to, and
not exclusive of, all other rights to which such Director,
Officer, or member of the Architectural Review Committee may be
entitled under Florida law.
0861P
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ARTICLE XI
Transactions in Which
Directors or Officers Are Interested
No contract or transaction between the Corporation and one (1)
or more of its officers or directors, or between the Corporation
and any other corporation, partnership, association, or other
organization in which one (1) or more of its directors or officers
are directors or officers of this Corporation, or have a financial
interest in this Corporation, shall be invalid, void or voidable
solely for this reason, or solely because the director or officer
is present at, or participates in the meeting of the Board or
Committee thereof which authorized the contract or transaction, or
solely because his or their votes are counted for such purpose.
No directors or officers of the Corporation shall incur liability
merely by reason of the fact that he is or may be interested in
any such contract or transaction.
ARTICLE XII
Amendments
1. These Articles of Incorporation may be amended upon:
o
a. the affirmative consent of at least two-thirds (2/3)
of the entire membership of the Board of Directors and of at least
a majority of the total Voting Rights in the Park; or
b. the affirmative consent of at least sixty-five
percent (65%) of the total Voting Rights in the Park.
2. A copy of each amendment to the Articles of Incorpor-
ation as approved must be accepted by the Secretary of State of
the State of Florida, or such other person required by Florida
law, and shall be recorded in the Public Records of Palm Beach
County, Florida.
/
ARTICLE XI I. 5
Electing Out of Section 607.108
The Corporation expressly elects not to be governed by
5607.108, Fla. Stats.
086lP
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UKtI ~...=)U 1'9 :1 :1 i U
ARTIcr.!:: XIII
Definitions
The definitions set forth in the Declaration shall apply to
these Articles of Incorporation.
ARTICLE XIV
Incorporator
The name and post office address of the Incorporator of these
Articles of Incorporation is Quantum Associates, a Florida General
Partnership, 2455 East Sunrise Avenue, Suite 1106, International
Building, Fort Lauderdale, Florida 33404.
ARTICLE XV
Initial Registered Office and Agent
The street address of the initial registered office of this
Corporation is 625 North Flagler Drive, 9th Floor, Barnett Centre,
West Palm Beach, Florida 33401, and the name of the initial
registered agent of this Corporation is DAVID S. PRESSLY.
IN WITNESS OF THE FOREGOING, the undersigned has hereunto set
its hand and seal in acknowledgment of the foregoing Articles of
Incorporation, this
9th
o
day of October, 1987, which Articles
are to be filed in the Office of the Secretary of State. .
Quan~um iates, a Florida
Gener~ershiP
By: ~~,c _.
Its General Partner
EDWARD B. DEUTSCH
STATE OF FLORIDA
COUNTY OF BROWARD
)
The foregoing instrument was acknowledged before me this 1!.L
day of October, 1987, by Edward B. Deutsch, as General Partner of
Quantum Associates, a Florida General partnership, on behalf of
the partnership.
(Seal)
Not~1g~
Phyll is Garma
My commission expires:
r-' ... -
Nolat'( Pubr". Sial. 01 Aorida
M1 Commiuion f,p:,.. Feb. 26. 1991
knell.eII In..,he,h'.'.III""IllClI.c.
0861p
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UHI:\ ~~::>U 1"9 ] 1 /1
CERTIFICATE DESIGNATINC PLACE OF BUSINESS
FOR SERVICE OF PROCESS WITHIN THIS STATE,
NAMING AGENT UPON WHOM PROCESS MAY BE SERVED
Pursuant to SS48.091 and 617.023, Florida Statutes, the
fOllowing is submitted in compliance with said Statutes:
THAT, QUANTUM PARK PROPERTY OWNERS' ASSOCIATION, INC., a
Florida Corporation Not For Profit, desiring to organize under the
laws of the State of Florida, with its initial principal offices
at 2455 East Sunrise Boulevard, Suite 1106, Ft. Lauderdale,
Florida 33304, has named DAVID S. PRESSLY, ESQ., whose address is
625 North Flagler Drive, 9th Floor, Barnett Centre, West Palm
Beach, Florida 33401 as its duly authorized Registered Agent to
accept service of process for the Corporation within the State of
Florida.
ACKNOWLEDGMENT
Having been named to accept service of process for the
abovestated Corporation, at the place designated in this Certifi-
cate, I hereby accept the responsibility to act in this capacity,
and agree to comply with the provisions of Florida Statutes rela-
tive to keeping open said office and further accept the duties and
obligations of Section 607.325, Florida Statutes.
DATED this ~ day of October, 1987.
~~...2 _:r/l-1?~/
DAVID S. PRESSLY, E .
REGISTERED AGENT--FLORIDA
a
0861P
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101287-8
0851P
BYLAWS
OF
QUANTUM PARK PROPERTY OWNERS'
ASSOCIATION, INC.
ARTICLE I
NAME AND LOCATION
Section 1. The name of this corporation is QUANTUM PARK
PROPERTY OWNERS' ASSOCIATION, INC. (hereinafter the "Corporation").
Section 2. The principal place of business of the corporation
is located in Boynton Beach, Florida, or such other place as the
Board of Directors may from time to time determine.
ARTICLE II
INCORPORATION
The Corporation was duly incorporated in the office of the
Secretary of State of the State of Florida on the 14th day of
October, 1987.
ARTICLE I II
DEFINITIONS
The definitions and terms defined
of Protective Covenants of Quantum
Declaration to which these Bylaws
shall apply to these Bylaws.
and used in the Declaration
Park at Boynton Beach (the
are attached as an Exhibit)
ARTICLE IV 0
MEMBERSHIP AND VOTING RIGHTS
Section 1. All Owners in the Park shall be members of the
Corporation. An Owner shall automatically be a member of the
Corporation upon the recording in the Public Records of the
County, of the document evidencing the Owner's fee simple title to
a Parcel.
Section 2. Voting Rights shall be based on the formula of one
vote per acre within a Parcel owned by a member. Fractional
portions of acres shall be rounded up or down depending on the
size of the fraction: fractional portions equal to or greater than
1/2 of an acre shall be rounded up, while fractional portions less
than 1/2 of an ac re shall be rounded down (for example, a 10.3
acre Parcel owned by a member will be entitled to 10 votes, and a
10.7 acre Parcel owned by a member will be entitled to 11 votes).
Anything to the contrary herein notwithstanding, a Parcel less
than 1/2 of an acre shall be entitled to one (1) Voting Right. If
a parcel is owned by two (2) or more Owners, the voting rights
applicable to such Parcel shall be determined as if there were
only one (1) Owner.
Section 3. The interest of any member
funds or assets of the Corporation cannot be
mortgaged, hypothecated or transferred. in any
appurtenance to the Parcel owned by him.
in any part of the
conveyed, assigned,
manner except as an
EXHIBIT-"C"
ORB 5450 r'3 1 173
Section 4. The term "Voting Reprl;!sentative" shall mean and
refer to (i) the Owner of a Parcel if such Parcel is owned by one
individual, (i i) any individual designated in a Certificate fill;!d
with the Secretary of the Corporation designating a voting member
for such Parcel, or (iii) a duly designated proxy holder.
Anything to the contrary herein notwithstanding, therl;! shall only
be one Voting Representative for each Parcel.
ARTICLE V
MEETINGS OF MEMBERS
Section 1. The annual meeting of the members shall be held at
7:00 p.m., Eastern Standard Time, on the first Friday in March of
each year at the principal office of the Corporation or at such
other place in Palm Beach County, Florida as may be set forth in
the notice of said meeting. If the date fixed for the annual
meeting shall be a legal holiday in the place where the meeting is
to be held, said meeting shall be held on the next succeeding
business day thereafter. At such meeting the members shall elect
directors to serve until the next annual meeting of
the members or until their successors shall be duly elected and
qualified and may conduct such other business as may be authorized
to be transacted by the members.
Section 2. Special meetings of the members shall be held
at SUCh place, day and hour as may be set forth in the notice of
said meeting and may be called by the President, or in his absence
by the Vice President, or by a majority of the Board of Directors,
or by the holders of at least 10% of the Voting Rights in the
pa rk. The bus iness conducted a t such spec ial meet ing shall be
limited to that stated in the notice of meeting.
Section 3. Notice of the annual members' meeting stating
the place, day, and hour of the meeting shall be given by the
President, Vice President or Secretary. Such notice Shall be
given to each member not less than foU'rteen (14) days, nor more
than sixty (60) days prior to the date set for such meeting, which
noticl;! shall be mailed (by first class mail if mailed less than 30
days before the meeting) or presented personally to each member
within said time. If presented personally, receipt for such
notice shall be signed by the member, indicating the date on which
such notice was received by him. If mailed, such notice shall be
deemed to be properly delivered when deposited in the United
States mail, addressed to the member at his post office address as
it appears on the records of the Corporation, with postage thereon
prepaid. Proof of such mailing shall be given by the affidavit of
the person giving the notice. Any member may, by a written
statement signed by such member, waive such notice, and such
waiver, when filed in the records of the Corporation, whether
bl;!fore or after the holding of the meeting, Shall be deemed
equivalent to the giving of proper notice to SUCh member. The
date on which notice of the annual members' meeting is mailed (or
personally delivered)' shall be the record date for determining
whiCh members arl;! entitled to receive notice of , and to vote at,
the annual members' meeting. This determination of members shall
apply to any adjournment thereof, unless the Board of Directors
fixes a new record date for the adjourned meeting.
Section 4. The President, or in his absence the Vice
President, shall preside at all annual or special meetings of the
ml;!mbership. In the absence of both persons, the Board of
Dirl;!ctors shall select a chairman.
Section 5. A quorum for members' meetings shall consist
of a majority of the total Voting Rights in thl;! Park, represented
in person or by proxy. The acts approved by the affirmative
consent of a majority of the Vo'ting Rights present at a meeting at
which a quorum is present shall constitute the acts of the
-2-
085lP
ORB 5450 r9 1174
members, except where approval by a greater number of members is
required by the Declaration, the Articles of Incorporation, these
Bylaws, or Florida law. After a quorum has been established at a
members' meeting, the subsequent withdrawel of Voting
Representatives, so as to reduce the number of voting Rights at
the meeting below the number required for a quorum, shall not
affect the validity of any action taken at the meeting or any
adjournment thereof.
The execution by any member of a copy of the minutes
shall constitute the presence of such member for the purpose of
determining a quorum and for the further purpose of validating all
of the actions taken at such meeting, unless otherwise prohibited
under Florida law.
Section 6. Votes may be cast in person or by proxy. All
proxies shall be in writing and shall be filed with the Secretary
no later than twenty-four (24) hours prior to the time of the
meeting and entered of record in the minutes of said meeting. No
proxy shall be valid unless the same specifically sets forth the
name of the member voting by proxy, the name of the person
authorized to vote the proxy, the number of Voting Rights to which
the proxy applies, and the date the proxy was given, and is
executed by all Owners of the subject Parcel. If the proxy is a
limited proxy it shall set forth these items that the holder of
the proxy may vote and the manner in which the vote is to be cast.
If a proxy expressly provides, any proxy holder may appoint, in
writing, a substitute to act in his place: a substitution is not
authorized if such provision is not made. Each proxy shall
contain the date, time and place of the meeting for which the
proxy is given, and shall be valid only for that meeting and any
lawfully adjourned meetings thereof. In no event shall any proxy
be valid for a period longer than ninety (90) days after the date
of the first meeting for which it was given. Each proxy shall be
revocable at any time at the pleasure of the Owner(s) executing it
(subject to 5607.101, Fla. Stats.): however, in order for such
revocation to be effective, written notice thereof shall be given
to the Secretary of the Corporation. If a proxy confers authority
upon two or more persons and does not otherwise provide, a
majority of such persons present at the meeting, or if only one is
present then that one, may exercise all the powers conferred by
the proxy: but, if the proxy holders under the same proxy present
at the meeting are equally divided as to the right and manner of
voting in any particular case, the voting of such voting Rights
shall be prorated.
Section 7. Annual or special meetings of the members may
be held at any time or place without notice with the written
consent of all Voting Representatives, and may also be held at any
time or place without notice in an emergency situation.
Section 8. The Secretary of the Corporation may require
of any member a written statement designating the Voting
Representative author.ized to cast the vote (s) allocated to any
Parcel. Such certificate shall be valid until revoked by a
subsequent certificate, which revocation shall be in writing and
shall be delivered to the Secretary of the Corporation. Unless
said cert if icate, when so requested by the Secretary, is filed
with the Secretary of the Corporation at least twenty-four (24)
hours prior to the meeting in which said vote(s) is to be cast,
the vote(s) attributable to the subject Parcel shall not be
considered for the purpose of determining a quorum or for any
other purpose.
Section 9. The order of business at all meetings of the
members of the Corporation, where applicable, shall be as follows:
a. Election of chairman of the meeting, if required
b. Call of the roll and certifying of a quorum.
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c.
d.
e.
f.
g.
n.
i.
j.
k.
Proof of notice of meeting or waiver
Reading or waiver of reading of
minutes.
Reports of officers.
Reports of committees.
Election of inspectors of election
Election of directors.
UnfiniShed business.
New business
Adjournment.
of no tic e.
any una pprolled
Sect ion 10.
members' meeting or
permitted under these
Any statutory
to take act ion
Bylaws.
right to waive notice of a
without a meeting shall be
ARTICLE VI
DIRECTORS
Section l. The business affairs of the Corporation shall
be managed by a Board of Directors WhO shall be elected by the
member(s). Said Board of Directors shall consist of at least
three (3) and not more than sellen (7) persons of legal age.
Except as otherwise specifically provided herein, a Board member
need not be a member of the Corporation.
Section 2. The original members of the Board of
Oi recto rs shall be those pe rsons set fo rth in the Art icles of
Incorporation. SUbject to Section 14. below, Directors shall be
elected annually by the members at the annual members' meeting,
and such directors shall serve until their successors are duly
elected and qualified, or until they are removed in the manner
elsewhere provided, or until they resign, whichever first occurs.
The procedure for electing directors by the member(s) Shall be as
follows:
a. A nominating committee of members shall be appointed
by the Board of Directors not less than sixty (60l days prior to
the annual members' meeting. The committee Shall nominate one (1)
person for each Director then serving or to serve. Other
nominations may be made from the floor.
b. The election shall be by ballot (unless dispensed by
unanimous consent) and by a plu ral i ty of the votes cast, each
person voting being entitled to cast his vote for each of as many
nominees as there are vacancies to be filled. There shall be no
cumulative voting.
Section 3. Subject to Section 14. below, in the event of
a vacancy occurring in the Board of Directors for any reason
whatsoever, t.he remaining directors shall elect a person to serve
as a director for the unexpired portion of the term of the former
director.
Section 4. 'A director may be removed from office, with
or without cause, by the affirmative vote of at least two-thirds
(2/3) of the total Voting Rights in the Park, at a special meeting
of the members called for that purpose.
Section 5. No compensation shall be paid to Dlrectors
for their services as Directors. Compensation may be paid to a
Director in his or her capacity as an officer or employee or for
other services rendered to the Corporation outside of his or her
duties as a Director. In this case, however, said compensation
must oe approved in advance by the iloard of Directors and the
Director to receive said compensation shall not oe permitted to
vote on said compensation. Tne Directors shall halle the right to
set and pay all salaries or compensation to be pain to officers,
employees, agents or attorneys for services rendered to the
Corporation.
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Section 6. The first meeting of a newly elected Board of
Directors Shall oe held within ten (lOl days of election at such
place as shall oe fixed by the Directors at the meeting at whiCh
such Directors were elected, and no notice Shall be necessary to
the newly elected Directors in order to legally conRtitute such
meeting provided that a majority of the whole board Shall be
present.
Section 7. Regular meetings of the Board of Directors
may be held a t SUCh time and place as shall be Jete rm ined from
time to time by a majority of tne Board of Directors. Notice of
regular meetings of the Board of Directors Shall be given to each
Director, personally or by mail, telephone or telegraph, at least
ten (10) days prior to the day named for SUCh meeting.
The D i recto rs may establ ish a SChedule
meetings and no notice shall be required to be given
as to such regular meetings once said schedule has
and delivered to all Directors.
of regular
to Directors
been adopted
Section 8. Special meetings of the Board of Directors
may be called by the President on three (3) days' notice to each
Director, given personally or by mail, telephone or telegraph,
which notice shall state the time, place and purpose of the
meeting. Special meetings of the Board of Directors shall be
called by the President or Secretary in like manner and on like
notice upon the written request of at least two (2) members of the
Board of Directors.
Section 9. Before, at, or after any meeting of the Board
of Directors, said Directors may, in writing, waive notice of said
meeting and SUCh waiver Shall be deemed equivalent to the giving
of proper notice. Attendance by a Director at any meeting of the
Board shall oe a waiver of any lack of notice thereof.
Section 10. At all meetings of the Board of Directors, a
majority of the Board of Directors shall constitute a quorum for
the transaction of business. and the acts of the majority of the
Directors present at a meeting at which a quorum is present shall
be the acts of the Board of Directors, except where approval by a
greater number of Directors is required by the Declaration, the
Articles of Incorporation, or these Bylaws. If at any meeting of
the Board of Directors there be less than a quorum present, the
majority of those present shall be able to adjourn the meeting
from time to time. The President of the Corporation, or in his
absence the Vice President, or, in the absence of both, any
Director designated by the Directors, shall act as Chairman of the
Board of Directors, and he shall be entitled to vote as a member
of the Board of Directors on all questions arising before the
Board of Directors.
Section 11. The order of business at a Directors'
meeting, if applicable, shall be:
a. Election of Chairman of the meeting, if required
b. Calling of the roll.
c. Proof of due notice of meeting.
d. Reading and disposal of any unapproved minutes.
e. Reports of officers and committees.
f. Election of officers.
g. Unfinished business.
h. New business.
i. Adjournment.
Section 12. All of the powers and duties of the
Corporation existing under the Declaration, the Articles of
Incorporation and these Bylaws shall be exercised exclusively by
tne Board of Directors or its managing agents, subject only to
approval by members of the Corporation when such is specifically
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required. The Board of Directors shall have all tne powers vested
under common law and under Chapters 617 and 607 (to the extent
appliCable), F 10 rida Statutes, togethe r with any powe rs 9 ranted to
it pursuant to the terms of these Bylaws, the Articles of
Incorporation of the Corporation, and the Declaration. SUCh
powers shall include but not be limited to the power:
a. To manage, operate, and administer this Corporation
and its interests.
b. To make and collect assessments from members for the
purposes of carrying out the Corporation's ooligations and duti~R.
c. To maintain, construct, improve,
the Corporation's property and interests, or
WhiCh the Corporation has SUCh responsibility.
repair and replace
the property for
d. To hire and dismiss any personnel regarding the
maintenance, operation, and administration of the Corporation's
property and its interests, or the property for Which the
Corporation has such responsibility.
e. To make,
respect ing the use
administered, and/or
establ iSh and impose
therof.
amend,
of the
owned 0 r
penalties
and publish rules and regulations
property operated, maintained,
leased by the Corporation, and
and sanctions for any infractions
may be
members
f. To carry and pay the premium for such insurance as
required for the protection of the Corporation and the
thereof against any casualty or any liability.
g. To employ a management firm at a compensation
establiShed by the Board of Directors and to delegate to such
management firm such powers and duties as the Board shall
authorize except those as are specifically required to be
exercised by the Board of Directors or the membership.
h. To enforce and exercise by legal means the
provisions of the Declaration, these Bylaws, the Articles of
Incorporation of this Corporation, and the rules and regulations
of the Corporation.
i. To pay any taxes or special assessments on any lands
owned, operated, or maintained by the Corporation.
j. To g rant easements to
properties owned by the Corporation,
properties owned by the Corporation.
any person with respect to
and to lease to any person
Section 13.
members' meeting or
permitted under these
Any statutory
to take action
Bylaws.
right to waive notice of a
without a meeting Shall be
Section 14. The procedures provided for under this
Article VI with respect to the selection and replacement of
members of the Board of Directors shall be subject to the rights
of the original Owner of Lot 55 in accordance with Article XXII.C.
in the Declaration to which these Bylaws are an Exhibit.
ARTICLE VII
OFFICERS
Section l. The principal officers of tne Corporation
shall be a President who shall Oe a Director, a Vice President who
shall be a Director, a Secretary, and a Treasurer, all of whom
Shall be el~cted by the Board of Directors. The Directors may
appo int ass istant t reasu re rs and ass istant see reta r ies and sucn
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other officers as in their judgment may be necessary. Any two or
more offices may be held by the same person.
Section 2. The officers of the Corporation shall be
elected annually by the Board of Directors at the annual meeting
of the Board of Directors and shall hold office until their
successors shall be duly elected and qualified, or until they are
removed, or until they resign, whichever first occurs.
Section 3. By an affirmative vote of the majority of the
members of the Board of Directors, any officer may be removed,
either with or without cause, and his successor elected by an
affirmative vote of the majority of the Board of Directors at any
regular meeting of the Board of Directors or at any special
meeting of the Board called for such purpose.
Section 4. The President shall be the chief executive
officer of the Corporation. He shall preside at all meetings of
the members and of the Board of Directors. He shall have all of
the general powers and duties which are usually vested in the
office of President of a corporation including, but not limited
to, the power of appointing committees among the members from time
to time as he may deem appropriate to assist in the conduct of the
affairs of the Corporation.
Section 5. The Vice President shall perform all the
duties of the President in the President's absence and shall
assist the President and exercise such other duties as may be
required of him from time to time by the Board of Directors.
Section 6. The Secretary shall process all membership
applications, issue notices of all Board of Directors' meetings
and meetings of the membership and shall attend and keep minutes
of the same; he shall have charge of all corporate books, records
and papers, except those of the Treasurer: he shall be custod ian
of the corporate seal; he shall have the authority to attest, with
his signature and press of the Corporation seal, all contracts or
other documents required to be signed on behalf of the Corporation
and shall perform all other such duties as are incident to his
office. The duties of the assistant secretary shall be the same
as those of the Secretary in the absence of the Secretary.
Section 7. The Treasurer shall have the responsibility
for Corporation funds and securities and shall be responsible for
keeping full and accurate accounts of all receipts and
disbursements in books belong ing to the Corporation. He shall be
responsible for the deposit of all monies and other valuable
effects in the name and to the credit of the Corporation in such
depositories as may from time to time be designated by the Board
of Directors The duties of the Assistant Treasurer shall be the
same as those of the Treasurer in the absence of the Treasurer.
Section 8. Any vacancy in the office of President, Vice
President, Treasurer or Assistant Treasurer, Secretary or
Assistant Secretary, . or any other office, may be filled by the
Board of Directors who may elect a successor to the vacant office
at any regular or special meeting, and such successor shall hold
office for the balance of the unexpired term.
Section 9. The compensation of all officers and
employees of the Corporation shall be fixed by the Directors.
ARTICLE VIII
FINANCE
Section 1. The funds of the Corporation shall be
deposited in such banks or depositories as may be determined by
the Board of Directors, from time to time, upon resolutions
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ORB 5450 t~ 1179
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approved by
upon cneCkS
officers of
Directors.
the Board of Directors, and shall ne withdrawn only
and demands for monies signed by such officer or
the Corporation as may be designated by the Board of
Section 2. The fiscal year of the Corporat ion shall
begin on the first day of January of each year: provided, however,
that the Board of Directors is expressly authorized to change to a
different fiscal year at such time as the Board of Directors deem
advisable.
Section 3. A financial report of the accounts of tne
Corporation shall be made annually and a copy of the report Shall
be furnished to each member not later than June 1st of the year
following the year for whicn the report is made.
Section 4. The Board of Directors of the Corporation
shall maintain an assessment roll in a set of accounting nookS in
wh ich the re shall be an account fo reach Pa rcel. Each account
Shall designate the name and address of the member(s), the amount
of each assessment against the member(s), the dates and amounts in
which the assessments become due, the amounts paid upon the
account, and tne balance due upon the assessments. The Board of
Directors shall issue, or cause to be issued, upon demand by a
member, a certificate representing the status of assessments
pertaining to said member. A reasonable charge may be made by the
Board of Directors for the issuance of said certificate.
Regular Assessments against the members shall be made for
the fiscal year annually in advance ~n or before the 20th day of
the month preceeding the first month of the fiscal year for which
the assessments are made, or on a monthly, quarterly, or
semiannual basis, whichever is deemed appropriate by the Board of
Directors for a particular year. Such assessments shall be due
and payable as directed by the Board of Directors. If an annual
budget is not made as required, the assessment(s) shall be
presumed to be in the same amount(s) as the last prior fiscal year
until Changed by an amended assessment.
Section 5. The Board of Directors shall adopt an annual
bUdget on or before December 15th each year for the following
calendar year, Which budget shall be detailed and Shall show the
amounts budgeted by accounts and expense classifications, and
shall contain estimates of the cost of operating and maintaining
the Corporation.
Directors
adoption,
mailed to
meeting.
members.
Written notice of the time and place of the Board of
Meeting when the annual budget is to be considered for
together with a copy of tne proposed budget, shall be
each member not less than thirty (30\ days prior to SUCh
Such Board of Directors Meeting shall be open to the
Section 6. 'The Board of Directors may require that a
fidelity bond be obtained for all officers and employees of the
Corporation handling or responsible for Corporation funds. The
amount of such bond shall be determined by the Board of oirectors
and tne premium on such bond sha 11 be pa id by the Co rpo rat ion as
an item of general expense.
Section 7. All assessments paid by members of the
Corporation shall be utilized by the Corporation for the purposes
enumerated in the Declaration, the Articles of Incorporation
and/or these Bylaws.
Sect ion 8.
Termination of memberShip in the Corporation
shall not relieve or release any such
liabilities or obligations incurred under
with the Corporation during tne period
fo rme r membe r f rom any
or in any way connected
of nis membership, or
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impair any rights or remedies which the Corporation may have
against SUCh former member arising out of, or in any way connected
with, such membership and the covenants and obligations incident
thereto.
ARTICLE IX
INDEMNIFICATION
Section l. The Corporation shall indemnify any Director
or Officer of the Corporation, and/or any member of the
Architectural Review Committee (as defined in the Declaration),
COllectively referred to herein as the "Indemnities" and
individually referred to herein as an "Indemnitee," made a party
or threatened to be made a party to any threatened, pending or
completed action, suit or proceeding as follows. This
indemnification Shall extend to any action of a judicial,
administrative, criminal, or investigative nature (including but
not limited to, an action by the Corporationl, brought by or
against an Indemnitee, based on an act, or acts, alleged to have
been committed by such Indemnitee, in his capacity as an Officer,
Director or member of the Architectural Review Committee. In any
such action, the Indemnitee shall be indemnified against
judgments, lo~ses, liabilities, costs, fines, amounts paid in
settlement, and reasonable expenses, inCluding attorneys' fees,
actually and necessarily incurred as a result of such action,
suit, or proceeding or any appeal therein, provided such
Indemnitee did not act with gross negligence or willful
misconduct. The termination of any such action, suit, or
proceeding by judgment, order, settlement, conviction, or upon a
plea of nolo contendere or its equivalent shall not, in itself,
create a ---pfesumpt ion that any such Indemni tee acted wi th gross
negligence or willful misconduct.
Section 2. Indemnification as provided in this Article
shall cont inue a8 to a pe rson who has ceased to be a Di recto r,
Officer, or member of the Architectural Review Committee, and
shall inure to the benefit of the heirs, executors, and
administrators of such person. References herein to Directors,
Officers and members of the Architectural Review Committee, shall
include not only current Directors, Officers, and members of the
ArChitectural Review Committee, but former Directors, former
Officers, and former members of the ArChitectural Review Committee
as well.
Section 3. The Corporation shall have the power to
purchase and maintain insurance on behalf of any person who is a
Director or Officer of the Corporation, or a member of the
Architectural Review Committee, against any liability asserted
against him and incurred by him in any such capacity or arising
out of his status as such, whether or not the Corporation would
have the power to indemnify him against such liability under the
provisions of this Article.
Section 4. The aforementioned rights shall be in
addition to, and not exclusive of, all other rights to which such
Director, Officer, or m~mber of the Architectural Review Committee
may be entitled under Fl ida law.
ARTICLE X
RULES AND REGULATIONS
The Board of Directors shall have the authority to adopt
reasonable rules and regula t ions govern ing the development, use,
and operation of the Common Areas. Such Rules and Regulations
shall not be in conflict with the terms of the Declaration.
Copies of the Rules and Regulations shall be delivered to an Owner
upon written request to the Association.
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ARTICLE XI
REGISTERS AND SEAL
..
Section 1. The Secretary of the Corporation shall
maintain a register in the Corporation offi,ce showing the names
and addresses of members. It shall be the obligation of the
individual members to advise the Secretary of the Corporation of
any change of address or of any change of ownership. The
Corporation, for purposes of notification, shall have the right to
rely upon the last given address of each of the members as set
forth in said register.
Section 2. The seal of the Corporation shall have
inscribed thereon the name of the Corporation, the word "Florida,"
the year of the Corporation's formation, and the words
"corporation not for profit." Said seal may be used by causing it
or a facsimile thereof to be impressed, affixed, or otherwise
reproduced.
ARTICLE XII
ELECTING OUT OF 5607.109
Section 607.109, Fla. Stats. shall not apply to
control-share acquisition of Voting Rights, if applicable, under
said Section 607.109.
ARTICLE XIII
AMENDMENTS
Section 1. These Bylaws may be amended upon:
a. the affirmative consent of at least two-thirds (2/3)
of the entire membership of the Board of Directors and of at least
a majority of the total Voting Rights in the Park: or
b. the affirmative consent of at least sixty-five
percent (65%) of the total Voting Rights in the Park.
Section 2. The Amendment shall be recorded in the Public
Records of Palm Beach County.
THE FOREGOING WERE DULY APPROVED AS THE BYLAWS OF QUANTUM
PARK PROPERTY OWNERS' ASSOCIATION, INC., A FLORIDA
CORPORATION NOT FOR PROFIT, AT THE FIRST MEETING OF THE BOARD OF
DIRECTORS.
QUANTUM PARK PROPERTY OWNERS'
ASSO~~ INC.
BY:~~
Its President
(CORPORATE SEAL)
STATE OF FLORIDA )
)
COUNTY OF BROWARD )
,/~The foregoing instrument was acknowledged before
this /~day of October, 1987, by Edward B. Deutsch,
.-'.President.. of Quantum Park Property Owners' Association, Inc.,
.' .,..Flodda not-for-profit corporation, on behalf of the Corporation.
'>,>'~ :;.....:::~;...I::<,.:t~.! :":r. ,R
"':t~,;'", .....,........ ....... ...J....,i..~l
:~ /,'! .:' .' . c. ". ': ',':::. ~.,,:'.,\.,:1./
i' ':':"".,0 .,'. ': ~;..' ,~';,..'RECORDVERIFIEO
""'."m" (I' ...1...,.;...
\: ~':,~ ~ '. (' : :'," ~.'~".P~I:M BEACH COUNTY. FLA.
\.'.'.... ..,.~: .. -~,:,. ~ ',JO~ B. DUNKLE
,\'..':....t.sEA..,.r~, /, 'CLERK CIRCUIT COURT
.' '.. .' .... '.' "'1' i..'
" ,..: .s. '.~~ ..,.
:..' .~.~.:'1~\. '
'. ;.t1,(~"".t 0"
"
me
as
a
~jhA/ J.
Notary Public
(!d:.u
My Commission Expires:
101AR' PUlllC SIAIE or FLORIDA
I' CO..IS5101 [IP. A'. 24,191'
101010 IHRU GUUAL lIS. UNO.
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