APPLICATION
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING BOARD
LAND USE AMENDMENT AND/OR REZONING APPLICATION
This application must be filled out completely and accurately and
submitted, toqother with the material. Ii.ted in Seotion II
below, in two (2) copies to the Planning Department. Incomplete
applications will not be processed.
Please Print Legibly or Type All Information.
I. GENERAL INFORMATION
1. Project Name: EAST RIDGR
2. Type of Application (check one)
"
x
a. Rezoning only
b. Land Use Amendment Only
c. Land Use Amendment and Rezoning
3. Date this application is accepted (to be filled out by
Planning Department):
4. Applicant's Name (person or business entity in whose .
name this application is made):
/
DeGraf, Inc. -- GRTY DpGTRF
Address:
60 N.R. 4r-h AvpntlP
DpPTFiplrl Rp~~h, FT
'1'1.t...L..1
(Zip Code)
FAX:IQ~A' &?R-b?5'1
Phone:
(954) 428-4751
5. Agent's Name (person, if any, representing applicant):
Address:
W. Keith Grant
JOHN A. GRANT, JR., INC.
3333 North Federal HighwRY, ~r-P_ 11
Boca Raton, FL 33431
Phone:
(561) 395-3333
(Zip Code)
FAX: (561) 3q5-1115
6. Property Owner's (or Trustee's) Name:
/
De Graf. Inc. --Garv DeGraf
Address:
60 N.E. 4th Avenue
Deerfield Beach, FL 33441
(954) 428-4253
(Zip Code)
FAX: (954) 428-4253
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
( 2 )
7. correspondence Address (if different than applicant or
F agent) I
AGJi"NT
*This is the address to which all agendas, letters, and
other materials will be mailed.
8.
f
What is the applicant's interest in the subject parcel:
(OWner, Buyer, Lessee, Builder, Developer, Contract
Purchaser, etc.)
nLlNJi"D
9. / Street Address or Location of Subj ect Parcel:
NOpt~9K&t of IAt9T&8BtisR eiN F A~h ~~.o~t ~ M ~ 2Qth AvenUE
10.' Legal Description of Subject Parcel:
See Attached F.xhihit' "A"
11. - Area of Subject Parcel (to the nearest hundredth
(1/100) of an acre): 5.054
,
12. - Current Zoning District: R-3
13. - Proposed Zoning District: PUD
14. Current Land Use Category: Hn_R
15. / Proposed Land Use Category: Hn_R
16. / Intended Use of Subject Parcel:
.Single Famil~ HOA
17. _ Developer !IIi Builder:
Det:rsat='
.
Y",I'"'
18. / Architect: Brian McCarron
19. - Landscape Architect: Kevin Hnllpr
20. - Site Planner: John A. Grant, .Jr., Tnr
21. . civil Engineer: John A. Grant', Jr , Tnr
22. - Traffic Engineer: _Yvonne Zeil
23. / Surveyor: John A. Grant, .Jr., Tnr
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
II. MATERIAl TO B. 3UBMITTED WITH APPLICATIOl
(3 )
The following materials shall be submitted in two (2)
copies, unless otherwise indicated:
(check)
~a.
x (tu) b.
lL- c.
This application form.
,/
A copy of the last recorded warranty deed.
The following documents and letters of consent:
~ (1)
tUA..- (2)
~(3)
Ni.A- (4)
~5)
~ufl'
If the property is under joint or. several
ownership: a written consent to the application by
all owners of record,
If the applicant is a contract purchaser: a copy
of the purchase contract and written consent of
the owner and seller, and
If the applicant is represented by an authorized
agent: a copy of the agency agreement, or written
consent of the applicant, and
If the applicant is a lessee: a copy of the lease
agreement, and the written consent of the owner,
and
If the applicant is a corporation or other
business entity: the name of the officer or person
responsible for the application, and written proof
that said person has the delegated authority to
represent the corporation or other business
entity, or in lieu thereof, written proof that he
is in fact an officer of the corporation.
A sealed boundary survey of the subject parcel by a
surveyor registered in the State of Florida, dated not
more than six (6) months prior to the date of submission
of the application, at a scale prescribed by the
Planning Department, and containing the following
information:
.)(1)
-1L- (2)
..x..-- (3)
X-e.
An accurate legal description of the subject
parcel.
A computation of the total acreage of the sUbject
parcel to the nearest hundredth (1/100) of an
acre. (ON SUk.vEY ; MASTS,e Pt./fAl)
A tree survey, which conforms to the requirements
of the City of Boynton Beach Tree Preservation
Ordinance. (Also refer to Page 6, Sec. II h.(12)
of this application if property is occupied by
native vegetation.) This requirement may be
waived by the Planning Director where found to be
unrelated to the land use or zoning issues
involved with the application.
A complete certified list of all property owners,
mailing addresses, and legal descriptions for all
properties within at least four hundred (400) feet of
the subject parcel as recorded in the latest official
tax rolls in the county courthouse shall be furnished
by the applicant. Postage, and mailing labels or
addressed envelopes must also be provided. Said list
shall be accompanied by an affidavit stating that to
the best of the applicant's knowledge said list is
complete and accurate. Notification of surrounding
property owners will be done by the City of Boynton
Beach.
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
..x.4...Jf .
( 4)
A copy of the Palm Beach County Property Appraiser's
maps showinq all of the properties referred to in
paragraph e. above, and their relation to the subject
parcel.
A statement by the applicant justifying the zoning
requested, including reasons why the property is
unsuitable for development under the eXistinq zoning
and more suitable for development under the proposed
zoning. /. ~
....SEE ATTACHED JUS'f'It:=Ic.AnofJ ~IrrEMftJfI
A comparison of the impacts that would be created by
development under the proposed zoning, with the impacts
that would be created by development under the existing
zoning, which will include:
..lL- g.
-X- h.
..lL- (1)
SEE lUI CHART
ON MASTC~ f'~I\N
..1L.!.. (2)
*SEE JUSTIFICATION I
STATEMENT
~(3)
JUA' (4)
..lL- (5)
See Traffic Study ~
,/
:/
A comparison of the potential square footage or
number and type of dwelling units under the
existing zoning with that which would be allowed
under the proposed zoning or development.
A statement of the uses that would be allowed in
the proposed zoning or development, and any
particular uses that would be excluded.
Proposed timing and phasing of the development.
For proposed zoning of property to commercial or
industrial districts, where the area of the
subject parcel exceeds one (1) acre, projections
for the number of employees.
A comparison of traffic which would be generated
under the proposed zoning or development, with the
traffic that would be generated under the current
zoning; also, an analysis of traffic movements at
the intersections of driveways that would serve
the property and surrounding roadways, and
improvements that would be necessary to
accommodate such traffic movements. For projects
that generate more than five hundred (500) net
trips per day, a traffic impact analysis must be
submitted which complies with the Municipal
Implementation Ordinance of the Palm Beach County
Traffic Performance Standards Ordinance.
(a) For projects that generate two thousand
(2,000) or more net trips per day, the
traffic impact analysis must be submitted to
the City at least 30 days prior to the
deadline for land use amendment and/or
rezoning, in order to allow for timely
processing of the application and review by
the City's traffic consultant and Palm Beach
County. The applicant shall be billed for
the cost of review by the City's traffic
consultant.
(b) For projects that generate between five
hundred (500) and two thousand (2,000) net
trips per day, the traffic impact analysis
must be submitted at the application deadline
for land use amendment and/or rezoning, in '
order to allow for timely processing of the
application and review by Palm Beach County.
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
'~Items 6,7, & 8
See Attached Comparison
( 5 )
However, if it is the desire of the applicant
to utilize the City's traffic consultant for
review of the traffic impact analysis prior
to review by Palm Beach County, then the
procedure and requirements outlined under
item "a" above .hall be followed.
NOTE:
Failure to submit traffic impact analysis in the manner
prescribed above may delay approval of the application.
-X- (6)
see PAGE (c;, a)
foe )).11'0.
---1L (7)
seE PAGe (SCJ.)
foe INFO
-X- (8)
SEE PAGC3{5A)
folZ. I).Ifo
For parcels larger than one (1) acre, a comparison
of the water demand for development under the,
proposed zoning or development with water demand
under the existing zoning. Water demand shall be
estimated using the standards adopted by the Palm
Beach County Health Department for estimating such
demand, unless different standards are justified
by a registered engineer. Commitment to the
provision of improvements to the water system
shall also be included, where existing facilities
would be inadequate to serve development under
the proposed zoning.
For parcels larger than one (1) acre, a comparison
of sewage flows that would be generated under the
proposed zoning or development with that which
would be generated under the existing zoning.
Sewage flows shall be estimated using the
standards adopted by the Palm Beach County Health
Department for estimating such flows, unless
different standards are justified by a registered
engineer. Commitment to the provision of
improvements to the sewage collection system shall
also be included, where the existing facilities
would be inadequate to serve development under the
proposed zoning.
For proposed residential developments larger than
one (1) acre, a comparison of the projected
population under the proposed zoning or
development with the projected population under
the existing zoning. Population projections
according to age groups for the proposed
development shall be required where more than
fifty (50) dwellings, or 50 sleeping rooms in the
case of group housing, would be allowed under the
proposed zoning.
X (9) At the request of the Planning Department,
Planning and Zoning Board, or City Commission, the
applicant shall also submit proposals for
minimizing land use conflicts with surrounding
properties. The applicant shall provide a summary
of the nuisances and hazards associated with
development under the proposed zoning, as well as
proposals for mitigation of such nuisances and
hazards. Such summary shall also include, where
applicable, exclusion of particular uses,
limitations on hours of operation, proposed
location of loading areas, dumpsters, and
mechanical equipment, screening of service areas
and mechanical equipment, location of driveways
and service entrance, and specifications for site
A: LandUse
PLANNING DEPARTMENT - APRIL 1991
DENSITY
ACREAGE
UNITS
WATER (200
gpd per
capital
SEWER (100
gpd per
capita)
POPULATION
(3.5 ERU)
COMPARISON OF WATER SEWER & POPULATION
UNDER PRESENT & PROPOSED ZONING
PRESENT ZONING
PROPOSED ZONING
10.80 UNITS PER ACRE
6.73 UNITS PER ACRE
5.05
5.05
54
34
37,800 gpd
23,800 gpd
18,900 gpd
11,900 gpd
189
119
For items 6,7, & 8 on page 5 of the application
(50.)
(6)
lighting. Nuisances and hazards shall be abated
or mitigated 80 as to conform to the performance
standards contained in the City's zoning
regulations and the standards contained in the
City's noise control ordinance. Also, statements
concerning the height, orientation, and bulk of "
structures, setbacks from property lines, and
measures for screening and buffering the proposed
development shall be provided. At the request of
the Planning and Zoning Board or City Commission,
the applicant shall also state the type of
construction and architectural styles that will be
employed in the proposed development.
-x--(lO) At the request of the Planning Department,
Planning and Zoning Board, or City Commission, the
applicant shall also submit the following
information:
-X-- (a)
See Environmental Report
,/
...oX- ( b )
See Survey & GPD...... v'
NONE---...oX- (c)
.,.2l.- (d )
See Master Pla~ ~
Justification Statement
-X-- (e)
See Justification""'-
Statement ,/
Official soil conservation service
classification by soil associations and all
areas SUbject to inundation and high ground
water levels.
Existing and proposed grade elevations.
Existing or proposed water bodies.
Form of ownership and form of organization to
maintain common spaces and recreation
facilities.
A written commitment to the provision of all
necessary facilities for storm drainage,
water supply, sewage collection and
treatment, solid waste disposal, hazardous
waste disposal, fire protection, easements or
rights-of-way, roadways, recreation and park
areas, school sites, and other "public
improvements or dedications as may be
required.
For rezonings to planned zoning districts, the
specific requirements for submission of
applications for rezoning to such districts shall
also be satisfied. Furthermore, all materials
required for a subdivision master plan shall also
be submitted.
-L- (11)
SES Mo\~tz. PL~W
N/A (12)
Where conformance with the County's
Environmentally Sensitive Lands Ordinance is
required, an Application for Alteration of
Environmentally Sensitive Lands (Environmental
Impact Study) must be submitted to the Palm Beach
County Department of Environmental Resources
Management (copy to City) prior to or concurrent
with the submittal of the Land Use Amendment and!
or Rezoning Application to the city.
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
(7)
III. APPLICATION FEES. Fees shall be paid at the time that the
application is submitted, according to the fees which have
been adopted by ordinance or resolution. The Planning
Department will inform the applicant as to the fees which
are required. All fees shall be paid by check, payable to
the City of Boynton Beach.
IV. CERTIFICATION
(I) (We) understand that this application and all plans and
papers submitted herewith beoome a part of the permanent
records of the Planning and Zoning Board. (I) (We) hereby
certify that the above statements and any statements or
showings in any papers or plans submitted herewith are true
to the best of (my) (our) knowledge and belief. This
application will not be accepted unless signed according to
the instructions below.
'1~(- 90
Date
Sign ur of OWner (
or Authorized Princip if property
is owned by a corporation or other
business entity.
V.
7 -I ~ g6
Date
(I) (We) hereby designate the above signed person as (my)
(our) authorized agent with regard to this application.
Sign ure 0
or Authorized
is owned by a corporat
business entity.
rustee,
f property
n or other
'f~/~ 9t,
Date
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
City of Boynton Beach
Plan Review Board
City Attorney
Boynton Beach, Florida
Re: East Ridge Project
Gentlemen:
This letter authorizes Gary C.
all matters pertaining to
construction of this project.
July 1, 1996
DeGraf to act as my agent in
re-zoning, planning and
;g;;tr~
David W, DeGraf
21340 White Pine Rd.
Kildeer, Illinois 60047
July 1, 1996
city of Boynton Beach
Plan Review Board
city Attorney
Boynton Beach, Florida
Re: East Ridge Project
Gentlemen:
This letter authorizes Keith Grant of John A. Grant, Jr.,
Inc., Engineers to act as my agent with regards to any and
all engineering, site plan preparation, re-zoning and
surveying required to obtain approval for this project.
FL 33441
O~ l~ 9d
1 d: 1
'C... .!17 272 4442
CH.\P 1:-; - .\R)ISTR....\I;
~nn~
prQ~arQd by and r~turn to:
Ki=k GranthAm, Esq.
s~andard Title Insurance Agency, Inc.
~860 rorest aill Blvd., suite 107
west Palm Beach, FL 33406
I . ,./ - 'I/' --L
u...J-l'-::xLJj I
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OCf-Ji-1'1'r'"5' 2:0Jpm 95-351252
ORa 5951 pg .731
f . . s. _
Cor. 60,666.00' Doc 466. '1C
[Space Above This Line For Recordin; Data]
WARlUUf'J:Y DEED
)or! OA-r,
THIS INDENTURE, made this day of ~ , 1995, BETWEEN
KIRSCH BOLDING COMPANY, a New Jersey oorporation, whose post office address
is C/o ~6 yo !?Q;.... rf, 11C11'/Q.rF 1./0". NT, ~~:~~or*, and
DAVID W. DeGRAY, a married man
whose post office address i5:1./)'lo tflAi~A)I!.eJ li/Jeel'. .Pj'N,;i! (OOI/)
of the County of Palm Beach, State of Florida, Grantee*.
WI~ESSETBI That said Grantor, for and 1n consideration of the sum 0:
'rEN DOLLARS ($10.00) and other good and valuable considerations to sait
Grantor in hand paid by said Grantee, the receipt whereof is hereby
aoknowledged, has granted, bargained and sold to the said Grantee, anc
Grantee's heirs and allsigns forever,' the following described land, situate,
lying and being in Palm Beach County, Florida, to-wit:
See i;xibit :'A", attached hereto and made a part hereof
Subject to re$trictio~s, reservations, easements and limitations of record
if any, provided that this shall not serve to reimpose sarne, zonir,:
ordinances, and taxes for the current year and subsequent years.
Said Grantor does hereby fully warrant the title to said land, and wiL
defend that same against the lawful claims of all persons whomsoever.
""Grantor' and "Grantee" are used for singular or plural, as conte;';-'
requires.
Od l~ 9d 1~,2()
trl i ~,~ iij~
CH.\P r.\ -,\R.\I.5TRI'~
~rJ[).ll:
Ole 5951 flg 732
IN WI~NESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the
day and year first above written.
Signed, sealed and delivered
in our presence.
KIRSCH HOLDING COMPANY
'{ti:,.V~~ ~ ~Vo cJ,~
CLARA F. KIRSCH, President
("...."f:: . '" '. ".. ,: ~:..... /' ,,_'
./ )) J '\,'''_''/..;..1 .i>.' ~ ,I t>~.i..'
Wi:t~es,s Nam~: .
,
By:
STA~E OF NEW JERSEY
COUNTY OF MeNm~w/l..
~he foregoing instrument was acknowledged before me this 10
June, .1995, by CLARA F. KIRSCH, president of KIRSCH HOLDING COMPANY,
pe~.9~~11y known to me or who has produced
~~~nt~t1.~at. ioo. ;"')
:~:~~;~i~i",") .~l~tate 0'._ Jene,
,'" '.~.<~~:~:t.;.~ '~'~::::,"~Z/~:'. .
"':, ,.....:.'":.<'.:-/.,'~.,1?~te.R K~ ,ve..
'l'ype.:,p.z:,,:'ptint name of notary and cOl1lll\ission no.
day of
who .li.-
as
PARCEL IDENTIFICATION
n:U:KKANE
A *"'ARY FWUCOF NEW JEl'lSeY
MrOo.I.,.,AIb, &phs O!o. r. 1997
iOI+~ ..yr'/r.~J -OOO-b2..77
Grantee
.Taxpayer 1.0. Number
J;l-.~ t.=l /fOO:J.
KIRSCH HOLDING COMPANY
" -----.-....----.-..-------.-
ilo 1 ~ 90
16.~n
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8981 fs
733
lOAF-CEL 1
A parcel of land i.n Section 15, Township 45 South, Range 43 East,
Palm Beach County, Florida, more particularly described as follows:
Beginning at the Northeast corner of Lot 21 of SAM BROWN JR'S
SUBDIVISION, according to the Plat thereof recorded in Plat Book 1,
page e 1, Public Re';oJ;'ds of Palm Beach County, Thence Westerly along
the North line of said Lot 27, a distance of 34.90 feet; thence
Southerly, at rig~t angles to the North line of said Lot 27, a
distance of 75 feet; thence Easterly, parallel to the North line of
said Lot 21, a distance of 25 feet to a point in the East line of
said Lot 27; thence Northerly, along the Bast line of said Lot 27,
'a distance of 15.65 feet to the point of beginning.
AND
.'
Beginning at the Southeast corner of Lot 27 of SAM BROWN JR'S
SUBOIVISION, run West along the South line of said Lot 27, a
distance of 229.35 feet to a point; thence Northerly, a distance of
201.4 fe.t more or less to a point in the North line of said Lot 27
which lies 261.16 feet West of, measured along said North line, the
Northeast corner of Lot 27; thence East along- the North line of Lot
27, a distance of 226.26 feet to a point 34.90 feet West of
Northeast corner of Lot 27; thence South at rig-ht ang-les to the
North line of Lot 27, a distance of 75 feet to a point; thenc~ East
parallel to the North line of Lot 27; a distance of 2S feet to a
point in the East line ot Lot 27, thence Southerly along the Bast
line of Lot 27 to a point of beginning-.
.~"~"'''':'~'''':..-.-... ..... '."
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734
uvl10Tiff 11. IHLKThI CLERK pg ClJuNl{, F.
I, Martin r Epstc:in. Secrelary. of Kirsch Holding Co" Inc, , a Corporation of the
State of New Jersey, hereby certify thaI at a meeting of the Shareholders and Directors
of the Company held on June 6. 1995, the following Resolution was adopted, namely:
RESOLVED, that the authority of Clara F. Kirsch, as President of this Company,
to sign and deliver a contract for the sale of the Company's properly located in Bo)'nton
Beach, Florida to DeGraf Deve1opmenl, dated February 27, 1995, be and it is hereby
confirmed and ratified; and
FURTHER RESOLVED. that Clara F. Kirsch, President, be and is hereby
authorized to sign and deliver a Deed conveying the Company's property in accordance
with aforesaid contract of sale, in exchange for, and upon receipt of, the proceeds of sale,
,~d the President, or any other office of the Company, be and hereby is authorized to
execute and deliver all other instruments and documents which may be required for
closing of the sale.
Date: ~11 It.;-
!d ~
'W
MARTIN J. EPS , ecrecary .
Sworn to before me this Ug day of ,r.........Ji
/l
f~
/~
, 1995.
/
('....
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.~ .~7 -j;~ '7~' .
,/ I
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(I
(
EAST RIDGE
Justification Statement
To Rezone From R-3 to P.U.D.
We propose to develop 34 Single Family Units on the subject
property.
Conveyance will be fee simple of the units only with all
remaining property to be owned and maintained by the H.C.A.
The Record Plat will indicate the unit footprint together
with easements for ingress/egress, utilities and drainage.
Development of the subject property under the current R-3
zoning as outlined above is not allowed.
We propose to rezone the subject property to P.U.D. based
upon the following:
The subject property is under unified control, and will be
planned and developed in one phase, with unit construction related
to the sales program.
A buffer treatment adjacent the boundary of EAST RIDGE will
consist of a hedge as indicated on the landscape plan and a chain
link fence as shown on the master plan. Additional plantings will
be located adjacent NE 4th Street and throughout the P.U.D. as
indicated on the landscape plan.
The sanitary sewer system will consist of a series of
manholes, 8" gravity pipe and 6" sewer laterals to provide service
to the units. The 6" sewer laterals will terminate outside of the
roadway. This portion of the sanitary sewer system will be owned
and maintained by the City after all applicable governmental
approvals.
The balance of the sanitary sewer system will consist of 4"
sewer lateral, connected to the "City 6" sewer lateral" and run to
the unit. This portion of the sanitary sewer system will be owned
and maintained by the unit owner.
The water distribution system will consist of a series of 8"
watermain, fire hydrants, gate valves, fittings and water
services. The water services will terminate at the proposed meter
location. This portion of the water distribution system will be
owned and maintained by the City after all applicable governmental
approvals.
The balance of the water distribution system will consist of
a water service connected to the "City Water Meter and Service"
and run to the unit. This portion of the water distribution system
will be owned and maintained by the unit owner.
The physical character of the site will be maintained with
respect to grade as indicated on our Grading-Paving-Drainage Plan.
The drainage system will be owned and maintained by the
H.O.A. and is designed to the specifications of the City and the
S.F.W.M.D. All applicable governmental approvals and permits will
be obtained in proper sequence.
The roadway will be private and will be owned and maintained
by the H.O.A. All applicable City approvals and permits will be
obtained in proper sequence.
The cost of construction as outlined above will be borne by
the developer of the subject property.
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TRAFFIC IMPACT ANALYSIS
PARK RIDGE
Prepared for
De Gra!; Inc.
Prepared by
YVONNE ZlEL TRAFFIC CONSULTANTS, INC.
918USHIGHWAYONE
LAKE PARK, FLbRIDA 33403
(407) 842-0907
Yvonne~'
. # 42132
December 14, 1995
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TABLE OF CONTENTS
INTRODUCTION . . . . . . . . . , . . . .. . .. . . .. .. .. . . .. . . , . . . . . . .. .. . . . , . , .. .. . , . , . .. . . . .. . , .. .. 1
EXISTING CONDITIONS . . .. . . . , . .. . . .. .. .. . . , .. . . . . . . . . . .. . . . . . . . .. .. , . . . . . . . , , . , .. .. .. 1
ASStntEDCONSTRUCTION........,....., ... .... ...........,........................,.. 1
BACKGROUND TRAFFIC. . . . , . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . , . . , , . . , , . . . . . . .. 4
MAJOR PROJECTS . .. .. .. . . .. . . .. . . .. . , . , .. .. .. . . .. .. . . . .. .. . . . . .. . .. . . .. . . . . .. . .. .. . .. 4
TRlP GENERATION. . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . ... . . . . . . . . . . . . , . . . . , . . . . . . . . . . . .. 4
TRlP DISTRIBUTION .....................................................,...,.,....... 6
PERFORMANCE STANDARDS ANALYSIS ...... .. . .. .. .. .. . .. .. . . . . .. .. .. .. .. . . . . .. . . . ... 6
Test One . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
Driveway Analysis. . . . . . . . .. . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 6
Test Two ...................................................................... 11
CONCLUSION ........................................................................ 11
APPENDIX A - GA TEWA Y TRAFFIC COUNT
APPENDIX B - GROWTH RATE WORKSHEET
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TABLE
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5
I 6
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-..-- ------------
LIST OF TABLES
TITLE
PAGE
Existing (1995) Daily Traffic Conditions .................,..................... 3
Existing (1995) Peak Hour Traffic Conditions ...,...., , . , , , , . . . . . . . , . , . . , , . . , . ., 3
Trip Generation Rates ....".........,............,.:..".",....,...,..,.., 5
Trip Generation .................,...,..............,.".,......,...,..,.., 5
Future (1997) Daily Traffic Conditions. . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . ., 8
Future (1997) Peak Hour Traffic Conditions. . .. . . . . .. . . . . .. . . . . . . . . . . . . . . . . . .... 8
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. FIGURES
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2
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LIST OF FIGURES
TITLE PAGE
Site Location. . , . . , . . . . . . , , , . . , . , . . . . . . . . , , . . , , . . . . , , . . , . . . , . . . . , . . . . . , . . ,. 2
Trip Distribution. , . . . , , . . , . , . . . . . . . . .. . , . . , . . . , . , . . , . , . , , . . . , . . . , . . . . . . . . .. 7
Future (1997) Daily Traffic Conditions .. ... . . . , . . . .. . . .. . , . .. . , . . . . . . . . . . . , . ... 9
Driveway Volumes.. . , . , . .. . . , . .. .. .. .. . . . .. . .. , . . . . .. .. .. . . . . . . . , . . . . . . , .. 10
iii
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INTRODUCTION
Yvonne Zie! Traffic Consultants, Inc. was retained to perfonn a Traffic Impact Analysis to assess the traffic
impact of a proposed 34 single family project to be located along NE 4th Street south of Gateway Boulevard in
the City of Boynton Beach as shown in Figure I. Buildout is anticipated in 1997,
EXISTING CONDITIONS
The major roadway near the project is Gateway Boulevard, which is a two lane road and reflects a Level of
Service (LOS) B. Table 1 shows the existing (1995) average daily traffic (ADn conditions on the impact area
roadways, Table 2 provides the peak hour traffic conditions at the same locations. The ADT volumes were
obtained from the Palm Beach County 1995 Traffic Volumes Map, the peak hour volumes were determined by
factoring the ADT volumes by 0.091. The Gateway Boulevard count was an off-peak 1995 count factored to
ADT using the FDOT seasonal variation rates. Appendix A contains a copy of the counl
ASSURED CONSTRUCTION
The Palm Beach County and Florida Department of Transportation Five- Year Road Program docs not include
any roadway widening projects within the study area.
1
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TRAFFIC CONSULTANTS. INC.
1AAFf1C ENGINEERING .. PlANNNG
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BACKGROUND TRAFFIC
The Palm Beach County Urban Study Area Traffic Volume Growth Tables provided by the Palm Beach COWlty
Engineering Department, includes historical traffic COWlt data for the roadways within the impact area of the
project. The growth rates for the roadway were determined from these tables, and then applied to the respective
links to determine background traffic growth to 1997. Since historical COWlt data was not available along the
Gateway BouIcvard link within the projects' study area and along Federal Highway north of gateway Boulevard,
data from count stations nearby were used to determine an area growth rate. Appendix B contains a table with
the growth rate calculations.
MAJOR PROJECTS
The Palm Beach County (PBC) Engineering Departments major project map and list were consulted to locate
those projects needed to be reviewed for consideration in projecting background traffic. There are no major
projects within the study area which would reflect traffic of 10 percent or more of the threshold LOS "D" service
volume on the impact area roadway links within the projects buildout
TRIP GENERA nON
Trip generatiOll was performed using the rates found in the Palm Beach County Impact Fee Ordinance, and the
Institute of Transportation Engineers', Trio Generatiog, 5th Edition. Table 3 shows the trip generation rates used,
Table 4 shows the trips generated by the proposed project Trip generation results in 340 daily trips, 32 AM peak
4
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trips and 41 PM peak trips. Based on the daily trips generated by the project, the radius of development influence
is half a mile.
TRIP DISTRIBUTION
Trip Distribution was based on current travel patterns and the FSUTMS model. Figure 2 shows the percent
project trips and the project volumes on the impact area roadways.
PERFORMANCE STANDARDS ANALYSIS
Test One
Table 5 shows the ADT capacity analysis with the project trips and backgroWld growth with the performance
standards analysis on those links with project impact greater than one percent of the LOS D capacity, Table 6
shows the same information for the peak hour. Figure 3 shows the above information on a map. Figure 4 provides
the project driveway volumes.
All of the roadway links within the impact area meet the Test One level of service standards,
Drivewav Ana1vsis
Based on the peak hour driveway volumes sho\\n on Figure 4, using the PBC turn lane standards, no turn lanes
are required at the projects' driveway along NE 4th Street.
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= Number of Project Trips on Unk.
= Percent of LOS "0" Capacity
YVONNE ZIEL
TRAFFIC CONSULTANTS. INC.
TRAFFlC ENGINEERt<G & PcANNNG
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B = LEVEL OF SERVICE
7,437 = FUTURE BACKGROUND TRAFFIC
( 463 = BACKGROUND GROWTH AND MAJOR PROJECT TRAFFIC
231 = PROJECT TRAFFIC
8,131 = TOTAL TRAFFIC
LEGEND
YVONNE ZIEL
'!RAFFIC CONSULTANTS. INC.
11lAFFlC __ a PlANNING
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(13) 340
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(13)
4
Total Daily Volume
PM Peak Hour Volume
AM Peak Hour Volume
YVONNE ZIEL
TRAFRC CONSULTANTS, INC.
TRAffIC ENGHERING & PlANNING
t....____....__...,..~....
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PEAK HOUR DRIVEWAY TURNING MOVEMENTS
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Test Two
There are no Test Two impacted roadways within the project impact areas where project traffic
exceeds three percent of the Test Two capacity; therefore the project meets the Test Two
Standards.
CONCLUSION
This project meets the Palm Beach County-Wide Traffic Performance Standards Ordinance, and may be
approved.
.
11
APPENDIX A
GA TEWA Y TRAFFIC COUNT
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tion : GATEWAY BL llEST OP US-l PiI
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T--~~~~ _ 00 01 02 03 04 05 06 07 06" 09 10 --~~
5 6 2 4 0 J \5 45 57 60 SO 53
3 3 4 0 4 3 12 56 43 4/1 54 59
3 2 4 0 \ 6 35 85 47 43 43 49
1 1 3 \ 3 10 36 81 57 61 38 43
12 12 13 5 8 22 98 267 204 212 185 204
----------------------------------------------------.------------
12 13 14 15 16 17 18 19 20 21 22 23
57 48 41 64 74 53 61 52 37 39 23 8
56 48 51 49 65 60 52 32 40 27 23 13
46 44 45 61 53 59 72 67 39 27 12 13
58 56 56 42 62 62 53 39 33 29 10 7
217 196 193 216 254 231. 238 190 11.9 122 68 41
---------------------------------------~--------------------------------------
lour -rota 1 : 3360
..~k hour bacina : 07:1; AM peak volua..: 279 Peak hour factor: 0.82
eak hour beaiu& : 16:00 PM peak voluae: 254 Peak hour factor: 0.86
*~*w.*~*******~~*****~~~***~*****~~~*******.************.**********.*~******.*
Ea~tbound Volume for La"~ 2
5/Jun 6
---------------------------------------------------------------------------
00 01 02 03 01. 05 06 07 08
8 4 4 1 4 2 11 32 43
11 I. 6 l 0 4 12 54 39
1 6 3 0 3 6' 23 59 56
I 5 5 0 7 3 30 66 3\
11
67
5.3
56
61
09
10
41
43
40
44
46
59
51
55
---- ---- ---- ----
_Total 21 19 18 2 14 15 76 211 169 168 211 237
- ----------------------------------------------------------------------------
Tim.. 12 13 14 15 16 17 18 19 20 21 22 2J
i - ----- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----. ---- ----
! 1) 74 53 6.S 63 79 98 78 1;8 41 50 27 12
..30 53 53 65 63 82 80 55 51 39 44 23 8
4S S9 1,0 6t. 54 7ft 74 46 4.. 42 34 10 12
00 5') 59. 49 59 77 82 65 22 14 39 14 11
II~:~:~ -;~; -;~; -;~; 2:\9 314 334 244 185 136 167 74 4,
~ ----------------------------------------------------------------------------
. Hour Total : 3590
..PP"k hour hR&in" ; 11: t S AM I"".k voJu..e: 244 Peak hour fact,or ; 0.1\2
acak hour besin~ : 17:DO ~M ppak va1um-: 3J~ P~ak hour factor: C.oS
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NOV _ I 1996
PLANNING AND
ZONING DEPT.
EAST RIDGE HOMEOWNERS ASSOCIATION
UNIFIED CONTROL DOCUMENT
1.
The owner/developer of East Ridge PUD, their successors
and/or assigns shall proceed with the proposed
development of East Ridge PUD as approved by the City of
Boynton Beach in accordance to the provisions of those
zoning regulations and conditions attached to the zoning
of the land to PUD.
The owner/developer of East Ridge PUD, their successors
and/or assigns shall provide agreements, contracts, deed
restrictions and sureties acceptable to the City of
Boynton Beach for completion of the development of East
Ridge PUD in accordance with the plans a~proved at the
time of the zoning to PUD and for continu~ng operations
and maintenance of such areas, functions and facilities
as are not to be provided, operated or maintained at the
public expense.
2.
3.
The intent of this document is to bind the
developer of East Ridge PUD, their successors
assigns in title to any commitments made under
and 2 above.
owner/
and/or
items 1
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Date: November 1, 1996
AUGUST 23,1996
EAST RIDGE - PUD
OUR JOB NO. JG 100-7803
REQUEST FOR W AlVER - SIDEWALK
In lieu of sidewalks on both sides of the street we propose to provide an 8' wide
bicycle/pedestrian path in the center of the back to back units (21-27 and 28-34) and also behind units
1-16 as shown on the master plan.
This provides for a more than adequate pedestrian circulation, and meets the intent of
Chapter, Article III, section IIA, page 6-3 of Land Development Regulations.
Based on both the above we respectfully request approval of the sidewalk configuration as
shown on both the master plan and the Grading, Paving and Drainage plan in lieu of sidewalks on
both sides of the street.
This instrument prepared by:
Robert A. Eisen, Esquire
Law Office of Robert A. Eisen
433 Plaza Real
Mizner Park, Suite 275
Boca Raton, FL 33432
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DECLARATION OF COVENANTS AND RESTRICTIONS
FOR
EAST RIDGE
TIllS DECLARATION is made this _ day of
Florida corporation ("Declarant").
, 1996 by De Graf, Inc., a
RECITALS
A. Declarant is the owner of the certain real property described on Exhibit "A" attached
hereto ("the Property") in Palm Beach County, Florida;
B. Declarant intends to develop the Property as a residential community. The purpose of
this Declaration is to provide various use and maintenance requirements and restrictions in the best
interest of the Owners of Lots and Homes within the Property, and to protect and preserve values of the
Homes within the Property. This Declaration will also establish the Association which shall own, operate
or maintain various portions of the Property and improvements constructed within the Property, shall
have the right to enforce the provisions of this Declaration, and shall be granted various other rights and
responsibilities. The expenses of the Association shall be shared by the Owners of Lots and Homes within
the Property, each of whom will be members of the Association.
NOW THEREFORE, Declarant hereby declares that the Property, and such additions to the
Property as mayor after be made pursuant to the terms of this Declaration, shall be held, sold, conveyed,
leased, mortgage and otherwise dealt with subject to the easements, covenants, conditions, restrictions,
reservations, liens and charges set forth in this Declaration, all of which are created in the best interest
of the Owners of Lots and Homes within the Property, and which shall run with the Property and shall
be binding upon all Persons having or acquiring any right, title or interest in the Property or any portion
thereof, and shall inure to the benefit of each and any Person from time to time, owning or holding an
interest in the Property, or any portion thereof.
1. DEFINITIONS. The terms used in this Declaration, and in the Articles and the Bylaws,
shall have the following meanings unless the context otherwise requires:
1.01 Articles means the Articles ofIncorporation of the Association attached hereto as Exhibit
"B." as same may be amended from time to time.
1.02 Assessment means the amount of money which may be assessed against an Owner for
the payment of the Owner's share of Common Expenses pursuant to this Declaration, or any other funds
which an Owner may be required to pay to the Association as provided by this Declaration, the Articles
or the Bylaws.
1
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1.03 Association means the East Ridge Homeowners' Association, Inc., a Florida
non-for-profit corporation, established pursuant to the Articles of Incorporation thereof attached hereto
as Exhibit "B" and by this reference made a part hereof, as the same may be amended from time to time.
1.04 Board means the Board of Directors of the Association.
1.05 Bylaws means the Bylaws of the Association attached hereto as Exhibit "C", as the same
may be amended from time to time.
1.06 Common Areas means all real property, whether improved or unimproved, or any
easement or interest therein, now or hereafter owned by the Association or which is declared to be a part
of the Common Areas either by Declarant or by this Declaration. Common Areas may include, but are
not limited to, open areas, roads, berms, swales, ex-filtration systems and other components of water
management systems, entrance ways, street lights, monuments and other entrance features, boundary and
perimeter walls, sidewalks, swimming pool, pool deck, directional and street signs, and other similar
properties; however, Declarant makes no representation or warranty that any or all of the foregoing types
of Common Areas will be provided or shall exist within the Property.
1.07 Common Exoenses means all expenses of any kind or nature whatsoever incurred by the
Association, including but not limited to the following:
1.07.1 Expenses incurred in connection with the ownership, maintenance, repair, improvement
or operation of the Common Areas, or any other property to be maintained by the Association as
provided in this Declaration, including but not limited to utilities services, taxes, assessments, insurance,
administration, operation, maintenance, repairs, improvements and alterations.
1.07.2 Expenses of obtaining, repairing or replacing personal property or facilities used in
connection with any Common Area or the performance of any of the Association's duties.
1.07.3 Expenses incurred in connection with the administration, operation and management of
the Association.
1.07.4 Expenses and services fees for the collection of solid waste.
1.07.5 Expenses declared to be Common Expenses by the provisions of this Declaration or by
the Articles or Bylaws.
1.08 Common Suqllus means the excess of Assessments and all other receipts of the
Association over the amount of the Common Expenses.
1.9 Declarant means the Person executing this Declaration, or any Person who may be
assigned the rights of Declarant pursuant to a written assignment executed by the then-present Declarant
recorded in the Public Records of Palm Beach County, Florida. In addition, in the event any Person who
obtains title to all of the Property then owned by Declarant as a result of the foreclosure of any mortgage
or by the acceptance of a deed in lieu thereof, such Person may elect to become the Declarant by a
written election recorded in the Public Records of Palm Beach County, Florida and regardless of the
exercise of such election, such Person may appoint as Declarant any third party who acquires title to all
or any portion of the Property by written appointment recorded in the Public Records of Palm Beach
2
County, Florida. In any event, any subsequent Declarant shall not be liable for any defaults or obligations
incurred by any prior Declarant, except as same may be expressly assumed by the subsequent Declarant.
1.10 Declaration means this Declaration of Covenants and Restrictions, as the same may
hereafter be amended from time to time, including any and all exhibits appended to this Declaration and
to any amendments hereof.
1.11 Institutional Lender means any Person holding a mortgage encumbering a Home, which
Person in the ordinary course of business makes, purchases, guarantees or insures mortgage loans, and
which Person is not owned or controlled by the Owner of the Home encumbered. An Institutional Lender
may include, but is not limited to, a federal or state-chartered bank or savings and loan association, an
insurance company, a real estate or mortgage investment trust, a pension or profit sharing plan, a
mortgage company, the Government National Mortgage Association, the Federal National Mortgage
Association, the Federal Home Loan Mortgage Corporation, an agency of the United States or any other
governmental authority, including the Veterans Administration and the Federal Housing Administration
of the U.S. Department of Housing and Urban Development, or any other similar type oflender generally
recognized as an institutional type lender. For definitional purposes only, an Institutional Lender shall
also mean the holder of any mortgage executed by or in favor of Declarant, whether or not such holder
would otherwise be considered an Institutional lender.
1.12 Home means the residential dwelling constructed upon a Lot.
1.13 Lot means any parcel of land located within the Property upon which has been or is
intensled to be constructed by Declarant a Home to be conveyed to an Owner. Each such Lot shall
include the Home constructed upon the Lot.
1.14 Owner means the record owner, whether one or more persons or entities, of the fee
simple title to a Home or Lot, including contract sellers (but not contract purchasers) and Declarant.
1.15 Person means an individual, corporation, partnership, trust or any other entity validly
existing at law or created by statute.
1.16 Plat means and refers to all plats of any portion of the Property duly recorded in the
Public Records of Palm Beach County, Florida, including, without limitation, The Plat of East Ridge
recorded in Plat Book , Page , of the Public Records of Palm Beach County, Florida,
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together with any and all replats or subdivisions thereof.
1.17 ProDerty means and refers to the real property legally described in Exhibit "A" attached
hereto and by this reference made a part hereof, all of which is made subject to this Declaration.
2.00 ASSOCIATION. In order to provide for the administration of the Property and this
Declaration, the Association has been organized under the laws of the State of Florida.
2.01 Articles. No amendment to the Articles shall be deemed an amendment to this
Declaration, and this Declaration shall not prohibit or restrict amendments to the Articles, except as
specifically provided in this Declaration.
2.02 Bvlaws. No amendment to the Bylaws shall be deemed an amendment to this Declaration,
3
and this Declaration shall not prohibit or restrict amendments to the Bylaws, except as specifically
provided in this Declaration.
2.03 Powers of the Association. The Association shall have all of the powers indicated or
incidental to those contained in the Articles, Bylaws, and the Florida Not-For-Profit Corporation Act, as
from time to time may be amended. In addition, the Association shall have the power to enforce this
Declaration and shall have all of the powers granted to it by this Declaration. By this Declaration, the
Property is hereby submitted to the jurisdiction of the Association.
2.04 Aporoval or Disaooroval of Matters. Whenever the decision of the Owners is required
upon any matter, whether or not the subject of an Association meeting, such decisions shall be expressed
in accordance with the Articles and Bylaws, except as otherwise provided in this Declaration.
2.05 Acts of the Association. Unless the approval or action of the Owners or a certain specific
percentage of the Board is specifically required by this Declaration, the Articles or Bylaws, or by
applicable law, all approvals or actions required or permitted to be given or taken by the Association shall
be given or taken by the Board, without the consent of the Owners, and the Board may so approve an
act through the proper officers of the Association without a specific resolution. When an approval or
action of the Association is permitted to be given or taken, such action or approval may be conditioned
in any manner the Association deems appropriate, or the Association may refuse to take or give such
action or approval without the necessity of establishing the reasonableness of such conditions or refusal,
except as specifically provided in this Declaration to the contrary.
_ 2.06 Manal!ement. Solid Waste Removal. and Cable Television Contracts. The Association
shall have the right to contract for professional management on such terms and conditions as the Board
deems desirable in its sole discretion. Declarant shall have the right to enter into, or cause the Association
to enter into:
(a) a contract with such entity as Declarant shall determine, to install and furnish
cable television equipment and service within the Property and to every Home; and
(b) a contract with such entity as Declarant shall determine to pick up solid waste;
which contracts may be for such durations, with such easements and upon such terms and conditions, as
Declarant deems appropriate. Upon expiration or termination of any such contracts, the Association shall
have the same right to enter into cable television equipment and service contracts or solid waste removal
contracts to serve the Property and every Home.
2.07 Membershio. All Owners shall be members of the Association. Membership as to each
Lot shall be established and transferred as provided by the Articles and Bylaws.
2.08 Owners Votinl! Ril!hts. The votes of the Owners shall be established and exercised as
provided in the Articles and Bylaws.
3.00 EXTERIOR MAINTENANCE BY ASSOCIATION AND OWNERS.
3.01 Bv Association.
4
3.01.1 Common Areas and Other Prooertv. Except as otherwise provided in this Declaration,
the Association shall maintain in good condition, at aH times, all Common Areas and improvements
situated thereon or upon any other real property owned or leased by the Association including, without
limitation, any easement or other real property which the Association is obligated to maintain. If,
pursuant to any easement or other instrument to which the Association is or hereafter becomes a party,
or pursuant to any obligation of the Association set forth in this Declaration, the Association is to
maintain any real property or improvements not within the Property, the Association shall maintain the
same in good condition at all times. The Association shall also have the right to assume the obligation
to operate or maintain any other real property which is not owned by the Association if the Board, in its
sole discretion, determines that the operation or maintenance of such real property by the Association
would be in the best interests of the Owners. Such assumption by the Association of the obligation to
operate or maintain any real property which is not owned by the Association may be evidenced by a
supplement to this Declaration, or by a written document recorded in the Public Records of Palm Beach
County, Florida and may be made in connection with an agreement with any Owner, the Declarant, or
any governmental or quasi-governmental authority otherwise responsible for such operation or
maintenance, and pursuant to any such document the operation or maintenance of any such real property
may be made a permanent obligation of the Association. The Association may also enter into agreements
with any other Person, or any governmental authority, to share in the maintenance responsibility of any
real property if the Board, in its sole and absolute discretion, determines this would in the best interest
of the Owners:iNotwithstanding the foregoing, if any Owner or any resident of any Home, or their guests
~~mages any Common Areas, other real property maintained by the Association, or any
(improvement thereon, the Owner of such Home shall be liable to the Association for the cost incurred
to repair, restore or replace such Common Area or improvement to the extent not covered by the
Assos:iation's insurance.
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~ ~ 3.01.03 Exterior of Homes. The Association shall paint the exterior of the Home and perform
POl exterior maintenance related to painting. The Association shaH maintain the roof of the Homes.
~ f 3.01.04 Walks and Ways. All service walks, driveways and sidewalks shaH be repaired,
~ replaced and resurfaced by the Association as is necessary.
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~ 3.02.1 In General. Except as hereinafter set forth, each Owner shall maintain his Home and all
<h improvements upon his Lot in first class condition and repair and in a neat and attractive manner at all
i ;r times. All service walks, driveways and sidewalks within or exclusively serving a Lot or Home shall be
( '" maintained by the Owner of that Lot and shall be kept clean and free of debris. Each Owner shall
" maintain the lighting on his Home or in his Lot, his address tiles, and any patio areas, screenings, and
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~ s>permitted awnings.
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3.01.2 Area Adjacent to Lots. Until such time as the Board determines otherwise, the
Association shall, at its cost, maintain, repair and replace all landscaping within the areas adjacent to the
Lots ("Lot Area") and the irrigation systems, which service the Lot Area and under no circumstances
shall an Owner cut, remove, replace or make additions or changes to the landscaping within the Lot Area.
The Board may, however, in its discretion, determine that landscaping within a Lot Area and irrigation
system serving same shall be maintained, repaired and replaced by the Owner adjacent to the Lot Area.
In such event, such landscaping and irrigation system shall be maintained, repaired and replaced subject
to such other terms and provisions as the Board shall establish.
3.02
Bv Owners.
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4.00 COMMON AREAS: GENERAL DUTIES AND OBLIGATIONS OF THE
ASSOCIATION.
4.01 Conveyance of Common Areas to Association.
4.01.1 By Declarant. Declarant shall have the right to convey title to any real or personal
property owned by Declarant, or any easement or interest therein, to the Association as a Common Area,
and the Association shall be required to accept such conveyance. Any such conveyance of Common Areas
to the Association by Declarant shall be effective upon recording the deed or instrument of conveyance
in the Public Records of Palm Beach County, Florida. Fee simple title to the Common Areas shall be
transferred by Declarant on or before the date Declarant is no longer entitled to elect one or more
directors.
4.01.2 By Anv Other Person. Any other Person may also convey title to any real property
owned by such Person, or any easement or interest therein, to the Association as a Common Area, but
the Association shall not be required to accept any such conveyance, and no such conveyance shall be
effective to impose any obligation for the maintenance, operation or improvement of any such real
property upon the Association, unless the Board expressly accepts the conveyance by executing the deed
or other instrument of conveyance or by recording a written acceptance of such conveyance in the Public
Records of Palm Beach County, Florida.
4.02 Use and Benefit. All Common Areas shall be held by the Association for the use and
benefit of the Association and the Owners and residents of the Property, and their respective guests and
invitees, the Institutional Lenders and any other Persons authorized to use the Common Areas, or any
portion thereof, by Declarant or the Association for all proper and reasonable purposes and uses for
which the same are reasonably intended, subject to the terms, provisions and restrictions of this
Declaration, the terms of any utility easement or other easement, restriction, reservation or limitation of
record affecting the Common Areas or contained in the deed or instrument conveying the Common Areas
to the Association, and to any rules and regulations duly adopted by the Association. An easement and
right for such use is hereby created in favor of all Owners, appurtenant to the title to their Lot.
4.03 Grant and Modification of Easements. Subject to the rights and necessary consents and
approvals from all applicable governmental authorities and other third parties, the Association shall have
the right to grant, modify or terminate easements over, under, upon or across any Common Areas, and
shall have the further right to modify, relocate or terminate existing easements in favor of the
Association.
4.04 Additions. Alterations or Imorovements. The Association shall have the right to
make additions, alterations or improvements to the Common Areas and to purchase any furniture,
athletic, recreational and other equipment, tools, supplies, appliances and other personal property, as it
deems necessary or desirable from time to time; provided, however, that the consent of a majority of the
Owners shall be required for any addition, alteration or improvement, or any purchase of personal
property, exceeding a sum equal to twice the aggregate monthly Assessments then payable by all the
Owners, or if the cost of all additions, alterations, improvements and purchases of personal property shall
in any fiscal year exceed in the aggregate a sum equal to four (4) times the aggregate monthly
Assessments then payable by all of the Owners. The foregoing approval shall not be required with respect
to expenses incurred in connection with the maintenance, repair or replacement of existing Common
Areas, or any existing improvements or personal property associated with existing Common Areas. The
6
cost and expense of any such additions, alterations or improvements to the Common Areas, and the
purchase of any personal property, shall be a Common Expense. Notwithstanding the foregoing, so long
as Declarant owns any portion of the Property, Declarant shall have the right, at its expense, to make any
additions, alterations or improvements to the Common Areas as Declarant may, in its sole discretion,
desire from time to time, without the consent or approval of any other Person.
4.05 Utilities. The Association shall pay the cost for provision of all utilities services for the
Common Areas or for any other real or personal property to be maintained or operated by the
Association, as a Common Expense.
4.06 Taxes. The Association shall pay all real and personal property taxes and municipal
assessments for the Common Areas or for any real property owned by Association, as a Common
Expense.
4.07 Insurance. The Association shall purchase insurance as a Common Expense, as follows,
to the extent such insurance is available:
4.07.1 Hazard Insurance protecting against loss or damage by fire and all other hazards that
are normally covered by the standard extended coverage endorsement, and all other perils customarily
covered for similar types of projects, including those covered by the standard all-risk endorsement,
covering 100% of the then current replacement cost of all Common Areas (exclusive of land, landscaping,
foundations, excavations and other items normally excluded from coverage), and any improvements
situated upon any real property owned by the Association. Such insurance shall also cover fixtures and
buildjng service equipment and personal property and supplies owned by the Association.
The Board, at its election, may from time to time obtain an appraisal from a qualified appraiser
for the purpose of determining the full replacement cost of the Property insured hereunder. The cost of
any such appraisal shall be a Common Expense. -
Each Owner shall be responsible for insuring his Home and all other improvements on his Lot,
his furnishings and all other personal property whether within his Home, stored on his Lot, within his
Home or elsewhere on the Property, and his personal liability, including liability arising out of the use
and or ownership of his Home and Lot. The Association shall not use hazard insurance proceeds payable
by reason of loss or damage to the Common Areas or to any improvements owned by the Association
for any purpose other than repair, replacement or reconstruction of any such damaged or destroyed
property without the approval of at least two-thirds (2/3) of the votes of the Owners.
4.07.2 Comorehensive General Liabilitv Insurance protecting the Association from claims for
bodily injury, death or property damage providing for coverage of at least $1,000,000 for any single
occurrence.
4.07.3 Blanket Fidelitv Bonds for anyone who handles or is responsible for funds held or
administered by the Association, covering the maximum funds that will be in the custody or control of
the Association or any managing agent, which coverage shall be at least for the sum of three (3) months
aggregate Assessments on all Homes plus the Association's reserve funds, if any.
4.07.4 Other Insurance. Such other commercially reasonable and prudent insurance coverage
as may be desired by the Association, such as flood insurance, errors and omissions insurance, workers
7
compensation insurance, directors and officers' liability insurance or any other customary form of
insurance.
4.07.5 Notices. All insurance purchased by the Association must include a provision requiring
at least ten (10) days written notice to both the Association and to the Institutional Lenders before the
insurance can be cancelled or the coverage reduced or modified for failure to pay premiums or any other
reason.
4.07.6 Deductible. Any deductible or exclusion under the policies sball be a Common Expense
and shall not exceed $2,500 or such other greater sum as is approved by the Board with the consent of
a majority of the Owners.
4.07.7 Ri!!hts ofInstitutional Lenders to Approve Insurance. Upon request, each Institutional
Lender shall have the right to receive a copy or certificate of the insurance purchased by the Association.
4.08 Default: Ri!!hts of Institutional Lenders. Any Institutional Lender may pay for any
utilities, taxes or municipal assessments on or with respect to the Common Areas or insurance premiums
to be paid by the Association which are not paid by the Association when due, or may secure new
, insurance upon the lapse of an insurance policy, and shall be owed immediate reimbursement therefor
from the Association, plus interest and any costs of collection, including attorneys' fees.
4.09 Damaee or Destruction. In the event any improvement within any Common Area is
damaged or destroyed due to fire, flood, wind or other casualty or reason, the Association shall restore,
repair, replace or rebuild (hereinafter collectively referred to as a "repair") the damaged improvement
to the condition the improvement was in immediately prior to such damage or destruction, unless
otherwise approved by a majority of the votes of the Owners. Any excess cost of repairing any
improvement over insurance proceeds payable on account of any damage or destruction shall be a
Common Expense, and the Association shall have the right to make a special Assessment for any such
expense.
4.10 Morts,:a!!e and Sale of Common Areas. The Association shall not abandon, partition,
subdivide, encumber, sell or transfer any Common Areas owned by the Association without the approval
of a majority of the votes of the Owners and a majority of the Institutional Lenders. If ingress or egress
to any Lot is through any Common Areas, any conveyance or encumbrance of such Common Area shall
be subject to an appurtenant easement for ingress and egress in favor of the Owner of each such Lot
unless reasonable alternative ingress and egress is provided to the Owner.
4.11 Specific Maintenance Responsibilities. In addition to the foregoing, the Association at
its cost, shall be specifically responsible for the maintenance of the following portions of the Property,
and the Association is hereby granted any and all such easements over those portions of the Property as
shall be necessary, appropriate or proper to enable the Association to adequately perform such
maintenance:
4.11.1 Roads and Street Li!!htin!!. The Association shall maintain all roads within the Property
and all street lighting within the Property, including those utilities services and apparatus used in
connection with the street lighting.
4.11.2 Sidewalks. Service Walks. Drivewavs and Patios. The Association shall maintain the
8
common sidewalks within the Common Areas.
4.11.3 Mailboxes. The mailboxes that serve the Lots shall be maintained, repaired and replaced
by the Association.
4.11.4 Additional Oblieations of the Association. The Association shall at its cost:
(A) Maintain, at its cost, the parcels and easements which, pursuant to the Plat or other
related documents, the Association is obligated to maintain.
(B) Maintain, at its cost, any other parcels or tracts of land contiguous, adjacent or in
reasonable proximity to the Property which the Association is obligated to maintain pursuant to any duly
recorded instrument to which Declarant is a party.
(C) Assume the following rights and pay the following obligations:
(i) All other obligations imposed upon or undertaken by the Association on the
Plat or other related documents, all obligations imposed, required by or set forth in any agreement with,
any applicable governmental authority, and all obligations set forth in any other agreement entered into
by the Association or by Declarant on behalf of or for the benefit of the Association, including, without
limiting the generality of the foregoing, all utility easements, and such agreements as Declarant, in its
sole discretion, may enter into or cause the Association to enter into with a third party to provide
monitoring services to the individual Homes.
of such service.
(ii) To require private curb-side pick-up of solid waste and to pay the cost
5.00 EASEMENTS. Each of the following easements are hereby created, which shall
run with the land and, notwithstanding any of the other provisions of this Declaration, may not be
substantially amended or revoked in such a way as to unreasonably interfere with their proper and
intended uses and purposes, and each shall survive the termination of this Declaration.
5.01 Easements for Pedestrian and Vehicular Traffic. Easements for pedestrian traffic
over, through and across sidewalks, paths, lanes and walks, as the same may from time to time exist upon
the Common Areas and be intended for such purpose; and for pedestrian and vehicular traffic and parking
over, through, across and upon such portion of the Common Areas as may from time to time be paved
and intended for such purposes, the same being for the use and benefit of the Owners and the residents
of the Property, and their guests and invitees, and the Institutional Lenders.
5.02 Peroetual Nonexclusive Easement in Common Areas. The Common Areas shall
be, and the same are hereby declared to be, subject to a perpetual nonexclusive easement in favor of all
Owners and residents of the Property from time to time, and their guests and invitees, and Institutional
Lenders for all proper and normal purposes and for the furnishing of services and facilities for which the
same are reasonably intended.
5.03 Service and Utilitv Easements. Easements in favor of governmental and
quasi-governmental authorities, utilities companies (including but not limited to the providers of electric,
telephone, telecommunications, water, sewer, drainage and similar services), cable television and
9
communications companies, security/surveillance system companies, ambulance or emergency vehicle
companies and mail carrier and courier services (i) over and across all roads existing from time to time
within the Property, and (ii) over, under, upon and across the Common Areas, all as may be reasonably
required to permit the foregoing providers, and their agents and employees, to undertake their respective
authorized services to and for the Property and the Owners, provided that easements in favor of cable
television and communication companies and security/surveillance system companies shall be only as
granted in writing by the Association. Also, easements over, under, upon and across those portions of
the Property as may be required for the installation, maintenance, repair and provision of utilities
services, equipment and fixtures in order to adequately serve the Property. or any Lot, including but not
limited to electricity, telephones, sewer, water, lighting, irrigation, drainage, television antenna and cable
television facilities and electronic security; provided, however that easements which serve more than one
Lot or the Common Areas shall, to the extent feasible, only exist under the Common Areas, and shall
only be for utility services actually constructed or reconstructed, and for the maintenance thereof, unless
otherwise approved in writing by the Owner of the Lot. An Owner shall do nothing on his Lot which
interferes with or impairs the utility services using these easements. The Board or its designee shall have
a right of access to each Lot and Home to inspect, maintain, repair or replace the utility service facilities
contained under the Lot and to remove any improvements interfering with or impairing the util ity services
or easements reserved in this Declaration; provided such right of access shall not unreasonably interfere
with the Owner's permitted use of the Lot and, except in the event of an emergency, entry into any Home
shall be made with reasonable notice to the Owner.
5.04 Service and Maintenance Easement. If any Home is located within four (4) feet of the
boundary line of any Lot, an easement in favor of the Owner of such Home shall exist into the contiguous
Lot or Common Area, as the case may be, which easement shall be four (4) feet from the Home and for
the purpose of servicing and maintaining the Home. The Owner of such Home shall not be liable for any
damage or destruction to any landscaping within any such easement area which is caused in connection
with the reasonable maintenance of his Home.
5.05 Encroachments. If any portion of the Common Areas or any improvement within
the Common Areas encroaches upon any Lot, if any Home encroaches upon any adjoining Lot or upon
any portion of the Common Areas, or if any encroachment shall hereafter occur as a result of (i)
construction or reconstruction of any improvements; (Ii) settling or shifting of any improvements; (iii)
any addition, alteration or repair to the Common Areas made by or with the consent of the Association,
(iv) any repair or restoration of any improvements (or any portion thereof or any Home after damage by
fire or other casualty or any taking by condemnation or eminent domain proceedings of all or any portion
of any Home or the Common Areas; or (v) any Board, then, in any such event, a valid easement shall
exist for such encroachment and or the maintenance of the same so long as the improvements shall stand.
5.06 Easements for Overhanes. Overhanging troughs or gutters, downspouts and roof
eaves, the discharge therefrom of rainwater and the subsequent flow thereof over the Lots and the
Common Areas.
5.07 Maintenance of Lots and Exterior of Homes. The Association and its employees,
agents, and contractors shall have a general purpose easement to enter a Lot and access to the exterior
of a Home and the roof systems to perform such maintenance as the Association is required to perform
hereunder.
5.08 Additional Easements.
Declarant (so long as it owns any Lots) and the
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Association, on its own behalf and on behalf of all Owners, each shall have the right to (i) grant and
declare additional easements over, upon, under or across the Common Areas in favor of the Owners and
residents of the property and their guests and invitees, or in favor of any other person, entity, public or
quasi-public authority or utility company, or Oi) modify, relocate, abandon or terminate existing
easements within or outside of the Property in favor of the Association or the Owners and residents of
the Property, and their guests and invitees, or in favor of any Person, public, or quasi-public authority
or utility company, or (Ii) modify, relocate, abandon or terminate existing easements within or outside
of the Property in favor of the Association or the Owners and residents of the Property, and their guests
and invitees, or in favor of any Person, public or quasi-public authority or utility company, as the
Declarant or the Association may deem desirable for the proper operation and maintenance of the
Property, or any portion thereof, or for the health, safety or welfare of the Owners, or for any other
reason or purpose. So long as such additional easements, or the modification, relocation or abandonment
of existing easements, will not unreasonably and adversely interfere with the use of Lots for dwelling
purposes, no joinder of any Owner or Institutional Lender shall be required or, if same would
unreasonably and adversely interfere with the use of any Lot for dwelling purposes, only the joinder of
the Owners and Institutional Lenders of Lots so affected shall be required. To the extent required, all
Owners hereby irrevocably appoint Declarant or the Association as their attorney-in-fact for the foregoing
purposes.
6.00 USE RESTRICTIONS.
6.01 Gara!!es. Garages shall at all times be maintained so they accommodate one (1)
passenger automobiles and shall otherwise be maintained to comply with the applicable parking
requirements of the controlling governmental authority that has jurisdiction over applicable portions of
the Property. No garage shall be remodeled or permanently enclosed, and no portion of a garage shall
be converted into or used for a living space. All garage doors shall remain closed when not in use.
6.02 Outside Stora!!e of Personal Pronertv. The personal property of any Owner shall
be kept inside the Owner's Home, except for tasteful patio furniture and other personal property
commonly kept outside which shall be kept only on The Owner's patio.
6.03 Portable Buildines or Fences. No portable, temporary or accessory buildings or
structures, or tents, shall be erected, constructed or placed thereon upon any Lot or Common Area for
storage or otherwise, without the prior written consent of the Association except those erected,
constructed or placed by Declarant. No fences shall be constructed on any common area.
6.04. Solid Waste. Solid waste removal for each Lot shall be provided either by the
Association or by a governmental authority having jurisdiction over such Lot, provided that the Board
may, in its absolute discretion, determine that the Association shall provide such service for all Lots,
including those Lots that otherwise would be entitled to such service from a governmental authority.
Solid waste removal provided by the Association shall be on such reasonable terms as the Association
determines and shall be a common expense. Provided that any Lot that receives solid waste removal
service in excess of the service regularly provided by the Association shall be billed and assessed for the
cost of such additional service.
6.05 Parkin!! and Other Vehicle Restrictions. Except for vehicles parked in garages,
there shall be no overnight parking on any driveway serving a Lot except that passenger automobiles,
small van, or small pick-up truck without lettering and other motor vehicles less than 5-1/2 feet in height
11
may be parked overnight on driveways located on Lots, provided that no vehicle shall be parked
overnight on a driveway without the prior consent of the Association if commercial lettering or signs are
painted to or affixed to the vehicle, if commercial equipment is placed upon or within the vehicle, or if
the vehicle is a recreational vehicle, camper, trailer or any other vehicle except a private passenger
automobile or other permitted motor vehicle as described above. The foregoing restrictions shall not,
however, be deemed to prohibit the temporary parking of commercial vehicles while making deliveries
to, from, or while used in connection with providing services to, the Property.
Under no circumstances shall there be overnight parking in the streets, roadways, or other
portions of the Common Areas.
All vehicles parked on the Property must be in good condition, and no vehicle which is unlicensed
or which cannot operate on its own power shall remain on the Property for more than 24 hours. All
permitted vehicles must be equipped with appropriate noise-muffling equipment so that the operation of
same does not create an unreasonable annoyance to the residents of the Property. No repair or
maintenance of vehicle shall be conducted on the Property, except that routine maintenance may be
conducted within garages on the Lots as long as it does not create an unreasonable annoyance to the
residents .
Any vehicles violating the provisions of this paragraph 6.05 may, at the discretion of the Board,
be removed from the Property and the person who owns said vehicle shall be charged with the cost of
such removal. In addition, any Owner shall be charged and assessed for the removal cost of any vehicle
owned by him or by any tenant, occupant, guest or invitee of such Owner. Such Owner is also subject
to a fine being levied and assessed against him by the Board. Under no circumstances, however, shall
stickers be affixed to the windshield, windows or any other portion of any vehicle that may be violating
these provisions.
6.06 Pets. No livestock, horses, poultry or other animals of any kind shall be raised, bred
or kept within the Property except that common household domestic pets may be kept within a Home
subject to such reasonable rules and regulations as may be adopted by the Board, provided they are not
kept, bred or maintained for any commercial purpose.
6.07 Air Conditioninl! Units: Tanks. Only central air conditioning units are permitted,
and no window, wall or portable air conditioning units are permitted. Oil tanks and bottled gas tanks are
prohibited.
6.08 Clotheslines and Outside Clothes Dryinl:.
erected, and no outside clothes-drying is permitted.
No clothesline or clothes pole shall be
6.09 Nuisances. No nuisances shall be permitted within the Property, and no use or
practice which is an unreasonable source of annoyance to the residents within the Property or which shall
interfere with the peaceful possession and proper use of the Property by its residents shall be permitted.
No unreasonably offensive or unlawful action shall be permitted, and all laws, zoning ordinances and
regulations of all controlling governmental authorities shall be complied with at all times by the Owners.
6.10 Outside Antennas. No outside signal receiving or sending antennas, dishes or
apparatus are permitted. No private reception device shall be placed on any Lot or within any Home to
receive television signals and no Owner shall receive cable television signals or service on his Lot from
12
any company or source other than a cable television company permitted by the Association to provide
cable television service to the property and the individual lots. If the Association does not provide cable
television then the small dishes such as Direct TV may be placed on lawns and used the Owner.
6.1I Boats. No lJoats may be kept or stored outside without the prior written consent of the
Association.
6.12 Outside EQuioment. Without the prior written approval of the Association pursuant
to Paragraph 6.15, no basketball hoops, backboards or standards or any other athletic, recreational or
other equipment shall be installed or upon any unenclosed portion of a Lot, or upon the exterior of the
Home, if such equipment, when installed is visible from the front of the Home, or on any Common Area.
No patio enclosures are allowed.
6.13 Enclosures.
6.14 Surface Water Manal!ement. No Owner or any other Person shall do anything to
adversely affect the surface water management and drainage of the Property without the prior written
approval of the Association and any controlling governmental authority, including but not limited to the
excavation or filling of any portion of the Property; provided, however, that the foregoing shall not be
deemed to prohibit or restrict the initial construction of drainage improvements upon the Property by
Declarant in accordance with permits issued by controlling governmental authorities.
6.15 Architectural Control. No Owner shall make, install, place, or remove any
building, fence, wall, patio area, spa, swimming pool, landscaping or any other alteration, addition,
imprqvement or change of any kind or nature to, in or upon any portion of the Common Areas, the
Owner's Lot, or the exterior of the Owner's Home, unless the Owner first obtains the written approval
of the Association to same, except that such approval shall not be required for any maintenance or repair
which is such Owner's responsibility which does not result in a material change in any improvement or
a change in the color of same. -
6.16 Rules and Rel!ulations. The Association may adopt reasonable rules and
regulations relating to the use and maintenance of the Property. Rules and regulations relating to the
recreational facilities within the Property may be posted at such recreational facilities. The Association
may also adopt reasonable rules and regulations authorizing the suspension of the use of the recreational
facilities by an Owner who is delinquent in the payment of assessments or other sums due the Association
or if an Owner or other occupant of his Home breaches the rules and regulations of the Association
governing the recreational facilities. Any such suspension of an Owner's right may, in the discretion of
the Board, extend to all occupants of that Owner's Home. Copies of such rules and regulations and
amendments shall be furnished by the Association to any Owner upon request.
6.17 Waiver. The Association shall have the right to waive the application of one or
more of these restrictions, or to permit a deviation from these 'restrictions, as to any Lot where, in the
discretion of the Board, circumstances exist which justify such waiver or deviation. In the event of any
such waiver or permitted deviation, or in the event any party fails to enforce any violation of these
restrictions, such actions or inactions shall not be deemed to prohibit or restrict the right of the
Association, or any other Person having the right to enforce these restrictions, from insisting upon strict
compliance with respect to all other Lots, nor shall any such actions be deemed a waiver of any of the
restrictions contained herein as same may be applied in the future. Notwithstanding the foregoing, so long
as Declarant owns any Lot, if any waiver or deviation of any restriction requires the consent of the
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Association, such consent shall be obtained from Declarant, and not from the Association, unless
Declarant voluntarily relinquishes this right at an earlier date.
6.18 Leasinl! of Homes. Except for Homes owned by Declarant, no Home may be leased
or rented without the prior approval of the Board, which approval shall not be unreasonably withheld.
If any Owner wishes to lease his Home he shall first submit to the Board the proposed lease, which shall
be in writing, and such other information as the Board may request in connection with the proposed lease.
All Leases shall be for a term of not less than four (4) months. Approval or disapproval shall be given
to the Owner by the Board in writing within fifteen ( 15) days from receipt of the lease and all requested
information, provided that unless such written approval is sent within said 3D-day period the lease shall
be deemed to have been disapproved. The approval of a lease shall in no event release the Owner from
any obligations under this Declaration, and no lease that is approved may be modified, extended or
assigned, nor may the Home be sublet to any other party, without the Board's prior written approval,
which approval shall not be unreasonably withheld; provided that the approval of any sublease shall be
subject to the same provisions set forth herein governing the Board's approval of leases. The Board shall
have the right to require that a substantially uniform form of lease be used and charge a reasonable,
non-refundable application fee, which shall be submitted to the Board with the proposed lease. All leases
shall be subject in all respects to the provisions of this Declaration, the Articles, the By-laws, and the
Rules and Regulations of the Association in effect from time to time, and any failure by the tenant to
comply with the foregoing shall be deemed to be a default under the lease and shall also be deemed to
be a default by the Owner of the leased Home. The breach of any of the terms of this Declaration, the
Articles or the By-laws by the Owner or his tenant shall, at the option of the Association, terminate said
lease, such breach shall also be deemed to be a breach by the Owner of that Home, and each Owner shall
be liable to the Association for any breach by such tenant or other occupants of such leased Home. For
purposes of this paragraph the term "lease" shall include and apply with equal force to subleases. The
provisions of this paragraph shall not apply to Homes owned and leased by Declarant.
6.19 Privacv. The open areas between the Homes are common areas. Notwithstamling
this, each Owner shall respect the privacy of his neighbors. The Board may adopt reasonable regulations
regarding the use of Common areas adjacent to Homes.
6.20 Ril!hts Reserved to Declarant. The foregoing use and maintenance restrictions
shall not apply to Declarant, or to any portion of the Property while owned by Declarant, or to any
undeveloped portion of the Property, and shall not be applied in a manner which would prohibit or
restrict the development of any portion of the Property or the construction of any Homes and other
improvements thereon, or any activity associated with the sale of any Homes by Declarant. Specifically,
and without limitation, at all times and from time to time prior to the sale by Declarant of the last Lot
within the Property, the right is reserved by and for the benefit of Declarant, and Declarant shall have
the right to: (i) construct any buildings or improvements within the Property, and make any additions,
alterations, improvements, or changes thereto; (ii) maintain customary and usual sales, general office and
construction operations on any portion of the Property to the exclusion of any use or right of access by
other Owners; (iii) place, erect or construct portable, temporary or accessory buildings or structures upon
any portion of the Property for sales, construction, storage or other purposes; (iv) temporarily deposit,
dump or accumulate materials, trash, refuse and rubbish in connection with the development or
construction of any portion of the Property; (v) post, display, inscribe or affix to the exterior of any
Home owned by Declarant, within or to the exterior of the clubhouse, upon any other Lot owned by
Declarant, or upon any other portion of the Common Areas or improvements thereon, signs and other
materials used in developing, constructing, selling or promoting any portion of the Property, (vi) excavate
14
fill within or contiguous to the Property by dredge or dragline, store fill on the Property, and sell excess
fill from the Property; (vii) grow plants and trees upon the Property for later use and sell excess plants
and trees; and (viii) amend, alter, change, modify the plan of development of the Property and the
appearance of any Home.
7.00 ASSESSMENT FOR COMMON EXPENSES.
7.01 Each Owner of a Lot shall be responsible for the payment to the Association of
Assessments for each Lot owned by the Owner, which amount shall be assessed to the Owner as
described below. In addition, each Owner shall be responsible for the payment to the Association of any
Assessments owed by the prior Owner, except for any Assessments owed by Declarant, and except as
provided in Paragraph 8.01.6 of this Declaration.
7.02 Prior to the beginning of each fiscal year, the Board shall adopt a budget for such fiscal
year which shall estimate all of the Common Expenses to be incurred by the Association during the fiscal
year and may, but need not, include a reserve fund for the periodic repair and replacement of
improvements to the Common Areas and those other portions of the Property which the Association is
obligated to maintain.
Subject to the provisions of subparagraphs 7.03 and 7.04 the balance of the budget shall be assessed
uniformly against each Lot. The Board shall establish the annual and regular Assessment for each Lot,
which shall be payable monthly, in advance, and shall notify each Owner in writing of the amount and
due dates of the Assessment. The Board may modify the budget in accordance with the provisions of this
Declill'ation, the Articles or the Bylaws, and pursuant to the revised budget or otherwise, the Board may,
upon written notice to the Owners, change the amount, frequency or due dates of the Assessments. If the
expenditure of funds for Common Expenses is required in addition to funds produced by Assessments,
the Board may make special Assessments, which shall be levied in the same manner as hereinbefore
provided for regular Assessments, and shall be payable in the manner determined by the Board, as stated
in the notice of any special Assessments; provided that except for assessments authorized by this
Declaration to be made against any specified Lot or Lots, and subject to the provisions of subparagraphs
7.03 and 7.04, all regular, special, capital and other assessments shall be fixed at a uniform rate for each
Lot. In the event any Assessments are made payable in equal periodic payments, as provided in the notice
from the Association, such periodic payments shall automatically continue to be due and payable in the
same amount and frequency unless and until (i) the notice specifically provides that the periodic payments
will terminate or change upon the occurrence of a specified event or date or the payment of the specified
amount, or (ii) the Association notifies the Owner in writing of a change in the amount or frequency of
the periodic payments. In no event shall any Assessments be due sooner than ten (10) days from the date
of the notification of such Assessments.
7.03 Subject to the provisions of Paragraph 7.04, Assessments as to any Lot owned by
Declarant for which a certificate of occupancy for the Home on said Lot has not been issued shall be
twenty-five percent (25%) of the difference between the full Assessment for a Lot and that portion, if
any, of the full Assessment that may be attributable to reserves. The full Assessment as to each Lot shall
commence on the first day of the full calendar month after a certificate of occupancy for the Home on
that Lot is issued, or upon the date that Lot is conveyed by Declarant, provided the Lot has been
improved with a Home by Declarant, whichever occurs first.
7.04 Notwithstanding the provisions of Paragraph 7.03, until such time as Declarant no longer
15
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owns any Lot, or until Declarant notifies the Association in writing that Declarant elects to pay
Assessments for Lots it owns pursuant to Subparagraph 7.03, Declarant shall not be liable for
Assessments for any Lots it owns, but in lieu thereof, Declarant shall be responsible for all Common
Expenses (exclusive of any reserve items) in excess of the sum of all Assessments receivable (whether
or not received) from the other Owners (including the contributions payable pursuant to Paragraph 7.05
hereof, interest, late charges and fines), all other income and other monies received by the Association
and any surplus carried forward from the preceding year(s). During such period when Declarant is not
liable for Assessments for Lots owned by it, the Assessments shall be established by Declarant based
upon Declarant's estimate of what the expenses of the Association would be if all Homes and
improvements contemplated within the Property and the Phased Property were completed, so that
Assessments against individual Lots during such period will be approximately what said Assessments
would be if the development of the Property and the Phased Property as contemplated by Declarant was
complete. In no event shall Declarant be required to fund reserves allocated to any unbuilt Homes or to
any Homes owned by Declarant.
7.05 In addition to Assessments, the first Owner acquiring title to a Home from Declarant shall
contribute to the Association an amount equal to three (3) months' Assessments, which shall be in
addition to the Owner's responsibility for Assessments which commenced upon the date title to the Lot
is acquired from Declarant. Such contributions shall be used by the Association for start-up expenses or
otherwise as the Association shall determine from time to time and need not be restricted or accumulated.
8.00 DEFAULT.
8.01 Monetary Defaults and Collection of Assessments.
8.01.1 Late Fees and Interest. If any Assessment is not paid within ten (10) days after the due
date, the Association shall have the right to charge the defaulting Owner a late fee of ten percent (10%)
of the amount of the Assessment, or Ten Dollars ($10.00), whichever is greater, plus interest at thelhen
highest rate of interest allowable by law from the due date until paid. If there is no due date applicable
to any particular Assessment, then the Assessment shaH be due ten (10) days after written demand by the
Association.
8.01.2 Acceleration of Assessments. If any Owner is in def~ult in the payment of any
Assessment owed to the Association for more than thirty (30) days after written demand by the
Association, the Association upon written notice to the defaulting Owner shall have the right to accelerate
and require such defaulting Owner to pay Assessments to the Association for the next twelve (12) month
period, based upon the then existing amount and frequency of Assessments. In the event of such
acceleration, the defaulting Owner shall continue to be liable for any increases in the regular Assessments,
for all special Assessments, or for all other Assessments payable to the Association.
8.01.3 Lien for Assessments. The Association has a lien on each Lot for unpaid Assessments
owed to the Association by the Owner of such Lot, and for late fees and interest, and for reasonable
attorneys' fees incurred by the Association incident to the collection of the Assessment or enforcement
of the lien, and all sums advanced and paid by the Association for taxes and payment on account of
superior mortgages, liens or encumbrances in order to preserve and protect the Association's lien. The
lien is effective from and after recording a claim of lien in the public records in the county in which the
Lot is located, stating the description of the Lot, the name of the record Owner, and the amount due as
of the recording of the claim of lien. A recorded claim of lien shall secure all sums set forth in the claim
16
of lien, together with all Assessments or other monies owed to the Association by the Owner until the
lien is satisfied. The lien is in effect until all sums secured by it have been fully paid or until the lien is
barred by law. The claim of lien must be signed and acknowledged by an officer or agent of the
Association. Upon payment in full of all sums secured by the lien, the person making the payment is
entitled to a satisfaction of the lien.
8.01.4 Collection and Foreclosure. The Association may bring an action in its name to foreclose
a lien for Assessments in the manner a mortgage of real property is foreclosed and may also bring an
action to recover a money judgment for the unpaid Assessments without waiving any claim of lien, and
the applicable Owner shall be liable to the Association for all costs and expenses incurred by the
Association in connection with the collection of any unpaid Assessments, and the filing, enforcement, or
fOreclosure of the Association's lien, including reasonable attorneys' fees, and all sums paid by the
Association for taxes and on account of any other mortgage, lien, or encumbrance in order to preserve
and protect the Association's lien. The Board is authorized to settle and compromise the Association's
lien if the Board deems a settlement or compromise to be in the best interest of the Association.
8.01.5 Rental and Receiver. If an Owner remains in possession of his Home and the claim of
lien of the Association against his Home is foreclosed, the court, in its discretion, may require the Owner
to pay a reasonable rental for the Home, and the Association shall be entitled to the appointment of a
receiver to collect the rent.
8.01.6 Subordination of Lien. Where any person obtains title to a Lot pursuant to the
foreclosure of a first mortgage of record of an Institutional Lender, or where an Institutional Lender
accents a deed to a Lot in lieu of foreclosure of the first mortgage of record of such lender, such acquirer
of title, its successors and assigns, shall not be liable for any Assessments or for other monies owed to
the Association which are chargeable to the former Owner of the Lot and which became due prior to
acquisition of title as a result of the foreclosure or by the acceptance of a deed in lieu thereof, unless the
payment of such funds is secured by a claim of lien recorded prior to the recording of the foreclosed or
underlying mortgage. The unpaid Assessments or other monies are Common Expenses collectable from
all of the Owners, including such acquirer and his successors and assigns. The new Owner, from and
after the time of acquiring such title, shall be liable for payment of all future Assessments and such other
expenses as may be assessed to the Owner's Lot. Any person who acquires a Lot, except through
foreclosure of a first mortgage of record of an Institutional Lender or by the acceptance of a deed in lieu
thereof, including without limitation persons acquiring title by sale, gift, devise, operation of law or by
purchase at a judicial or tax sale, shall be liable for all unpaid Assessments and other monies due and
owing by the former Owner to the Association, and shall not be entitled to occupancy of the Home or
enjoyment of the Common Areas until such time as all unpaid Assessments and other monies have been
paid in full.
8.01.7 Assilmment of Claim and Lien Ril!hts. The Association, acting through its Board, shall
have the right to assign its claim and lien rights for the recovery of any unpaid Assessments and any other
monies owed to the Association, to any third party.
8.01.8 Unpaid Assessments - Certificate. Within 15 days after written request by any Owner
or any Institutional Lender holding or making a mortgage encumbering any Lot, the Association shall
provide the Owner or Institutional Lender a written certificate as to whether or not the Owner of the Lot
is in default with respect to the payment of Assessments, and any person or entity who relies on such
certificate in purchasing or in making a mortgage loan encumbering any Lot shall be protected thereby.
17
8.01.9 Allocation of Payments. Any payments made to the Association by any Owner shall first
be applied towards any sums advanced and paid by the Association for taxes and payment on account of
superior mortgages, liens or encumbrances which may have been advanced by the Association in order
to preserve and protect its lien; next toward reasonable attorneys' fees incurred by the Association
incidental to the collection of assessments and other monies owed to the Association by the Owner or for
the enforcement of its lien, next towards interest on any Assessments or other monies due to the
Association, as provided herein; and next towards any unpaid Assessments owed to the Association, in
the inverse order that such Assessments were due.
8.02 Non-Monetary Defaults. In the event of a violation by any Owner or any tenant of an
Owner, or any person residing with them, or their guests or invitees, (other than the non-payment of any
Assessment or other monies) of any of the provisions of this Declaration, the Articles, the Bylaws or the
Rules and Regulations of the Association, the Association shall notify the Owner and any tenant of the
Owner of the violation, by written notice. If such violation is not cured as soon as practicable and in any
event within seven (7) >days after such written notice, or if the violation is not capable of being cured
within such seven (7) day period, if the Owner or tenant fails to commence and diligently proceed to
completely cure such violation as soon as practicable within seven (7) days after written notice by the
Association, or if any similar violation is thereafter repeated, the Association may, at its option:
8.02.1 Impose a fine against the Owner or tenant as provided in Paragraph 8.03;
8.02.2 Commence an action to enforce the performance on the part of the Owner or tenant,
or for such equitable relief as may be necessary under the circumstances, including injunctive relief;
8.02.3 Commence an action to recover damages;
8.02.4 Take any and all actions reasonably necessary to correct such failure, which action may
include, where applicable, but is not limited to, removing any addition, alteration, improvement or change
which has not been approved by the Association, or performing any maintenance required to be
performed by this Declaration.
All expenses incurred by the Association in connection with the correction of any failure, plus
a service charge of ten percent (10%) of such expenses, and all expenses incurred by the Association in
connection with any legal proceedings to enforce this Declaration, including reasonable attorneys' fees,
shall be assessed against the applicable Owner, and shall be due upon written demand by the Association.
The Association shall have a lien for any such Assessment and any interest, costs or expenses associated
therewith, including attorneys' fees incurred in connection with such Assessment, and may take such
action to collect such Assessment or foreclose said lien as in the case and in the manner of any other
Assessment as provided above. Any such lien shall only be effective from and after the recording of a
claim of lien in the public records of the County in which the Property is located.
8.03 Fines. The amount of any fine shall be determined by the Board, and shall not exceed
one month's Assessment for the first offense, two (2) months' Assessments for a second similar offense,
and three (3) months' Assessments for a third or a subsequent similar offense. Any fine shall be imposed
by written notice to the Owner or tenant, signed by an officer of the Association, which shall state the
amount of the fme, the violation for which the fine is imposed, and shall specifically state that the Owner
or tenant has the right to contest the fine by delivering written notice to the Association within 10 days
after receipt of the notice imposing the fine. If the Owner or tenant timely and properly objects to the fine
18
the Board shall conduct a hearing within 30 days after receipt of the Owner s or tenant's objection, and
shall give the Owner or tenant not less than 10 days' written notice of the hearing date. At the hearing,
the Board shall conduct a reasonable inquiry to determine whether the alleged violation in fact occurred,
and that the fine imposed is appropriate. The Owner or tenant shall have the right to attend the hearing
and to produce evidence on his behalf. At the hearing the Board shall ratify, reduce or eliminate the fine
and shall give the Owner or tenant written notice of its decision. Any fine shall be due and payable within
10 days after written notice of the imposition of the fine, or if a hearing is timely requested, within 10
days after written notice of the Board's decision at the hearing. Any fine levied against an Owner shall
be deemed an Assessment, and if not paid when due all of the provisions of this Declaration relating to
the late payment of Assessments shall be applicable. If any fine is levied against a tenant and is not paid
within 10 days after same is due, the Association shall have the right to evict the tenant pursuant to
Paragraph 8.06 of this Declaration.
8.04 Nel!lil!ence. An Owner shall be liable and may be assessed by the Association for the
expense of any maintenance, repair or replacement rendered necessary by his act, neglect or carelessness,
but only to the extent that such expense is not met by the proceeds of insurance carried by the
Association. Such liability shall include any increase in fire insurance rates occasioned by use, misuse,
occupancy or abandonment of a Lot or Home, or the Common Areas.
8.05 Resoonsibility of an Owner for Occuoants. Tenants. Guests. and Invitees. E a c h
Owner shall be responsible for the acts and omissions, whether negligent or willful, of any Person
residing in his Home, and for all guests and invitees of the Owner or any such resident, and in the event
the acts or omissions of any of the foregoing shall result in any damage to the Common Areas, or any
Iiabi!ity to the Association, the Owner shall be assessed for same as in the case of any other Assessment,
limited where applicable to the extent that the expense or liability is not met by the proceeds of insurance
carried by the Association. Furthermore, any violation of any of the provisions of this Declaration, of
the Articles, or the Bylaws, by any resident of any Home, or any guest or invitee of an Owner or any
resident of a Home, shall also be deemed a violation by the Owner, and shall subject the Owner to the
same liability as if such violation was that of the Owner.
8.06 Ril!ht of Association to Evict Tenants. Occupants. Guests and Invitees. With respect
to any tenant, occupant, guest, invitee or any other Person present in an Home or any portion of the
Property, other than an Owner and the members of his immediate family permanently residing with him
in the Home, if such Person shall materially violate any provision of this Declaration, the Articles, or
the Bylaws, or shall create a nuisance or an unreasonable and continuous source of annoyance to the
residents of the Property, or shall willfully damage or destroy any Common Areas or personal property
of the Association, then upon written notice by the Association such Person shall be required to
immediately leave the Property and if such Person does not do so, the Association is authorized to
commence an action to evict such tenant or compel the Person to leave the Property and, where
necessary, to enjoin such Person from returning. The expense of any such action, including attorneys'
fees, may be assessed against the Owner of the Home in which such tenant or other Person was residing
or was present as a guest or invitee of the Owner or other resident of such Home, and the Association
may collect such Assessment and have a lien for same as elsewhere provided. The foregoing shall be in
addition to any other remedy of the Association.
8.07 No Waiver. The failure of the Association to enforce any right, provision, covenant
or condition which may be granted by this Declaration, the Articles, or the Bylaws, shall not constitute
a waiver of the right of the Association to enforce such right, provision, covenant or condition in the
19
future.
8.08 Ril!hls Cumulative. All rights, remedies and privileges granted to the Association
pursuant to any terms, provisions, covenants or conditions of this Declaration, the Articles or the Bylaws,
shall be deemed to be cumulative, and the exercise of anyone or more shall neither be deemed to
constitute an election of remedies, nor shall it preclude the Association from executing such additional
remedies, rights or privileges as may be granted or as it might have by law.
8.09 Enforcement Bv or Al!ainst other Persons. In addition to the foregoing, this
Declaration may be enforced by Declarant, or the Association, by any procedure at law or in equity
against any Person violating or attempting to violate any provision herein, to restrain such violation, to
require compliance with the provisions contained herein, to recover damages, or to enforce any lien
created herein. The expense of any litigation to enforce this Declaration shall be borne by the Person
against whom enforcement is sought, provided such proceeding results in a finding that such Person was
in violation of this Declaration. In addition to the foregoing, any Owner shall have the right to bring an
action to enforce this Declaration against any Person violating or attempting to violate any provision
herein, to restrain such violation or to require compliance with the provisions contained herein, but no
Owner shall be entitled to recover damages or to enforce any lien created herein as a result of a violation
or failure to comply with the provisions contained herein by any Person, and the prevailing party in any
such action shall be entitled to recover its reasonable attorneys' fees.
9.00 TERM OF DECLARATION. All of the foregoing covenants, conditions,
reservations and restrictions shall run with the land and continue and remain in full force and effect at
all times as against all Owners, their successors, heirs or assigns, regardless of how the Owners acquire
title, for a period of fifty (50) years from the date of this Declaration, unless within such time, one
hundred percent (100%) of the Owners and Institutional Lenders execute a written instrument declaring
a termination of this Declaration (as it may have been amended from time to time). After such fifty (50)
year period, unless sooner terminated as provided above, these covenants, conditions, reservations and
restrictions shall be automatically extended for successive periods of ten (10) years each, until a majority
of the Owners and a majority of the Institutional Lenders execute a written instrument declaring a
termination of this Declaration (as it may have been amended from time to time). Any termination of this
Declaration shall be effective on the date the instrument of termination is recorded in the Public Records
of Palm Beach County, Florida, provided, however, that any such instrument, in order to be effective,
must be approved in writing and signed by the Declarant so long as the Declarant owns any Lot, or holds
any mortgage encumbering any Lot.
10.00 AMENDMENTS.
10.01 This Declaration may be amended upon the approval of not less than a majority of the
Owners. In addition, so long as Declarant owns any portion of the Property, this Declaration may be
amended from time to time by an instrument executed solely by Declarant and without the consent of the
Association or any Owner, and no amendment may be made by the Owners without the written joinder
of Declarant. Such right of Declarant to amend this Declaration shall specifically include amendments
adding any real property to the Property or deleting any real property from the Property, provided that
any such amendment shall require the joinder of the owners of such real property being added or deleted,
or any portion thereof, if different than Declarant. An amendment may alter the development plan of
the Property. In order to be effective, any amendment to this Declaration must first be recorded in the
Public Records of Palm Beach County, Florida, and in the case of an amendment made by the Owners,
20
such amendment shall contain a certification by the President and Secretary of the Association that the
amendment was duly adopted.
10.02 No amendment shall discriminate against any Owner or class or group or Owners, unless
the Owners so affected join in the execution of the amendment. No amendment shall change the number
of votes of any Owner or increase any Owner's proportionate share of the Common Expenses, unless the
Owners and Institutional Lenders of such Homes so affected by such amendment join in the execution
of the amendment. No amendment may prejudice or impair the priorities of Institutional Lenders granted
hereunder unless all Institutional Lenders join in the execution of the amendment. No amendment shall
make any changes which would in any way affect any of the rights, privileges, powers or options herein
provided in favor of, or reserved to, Declarant, unless Declarant joins in the execution of the amendment.
10.03 Notwithstanding anything contained herein to the contrary, any amendment to this
Declaration which would adversely affect the surface water management system of or pertaining to the
Property, including the water management portions of the Common Areas, must have the prior approval
of the South Florida Water Management District.
11.00 SPECIAL PROVISIONS REGARDING INSTITUTIONAL LENDERS.
11.01 Notice of Action. Upon written request to the Association by an Institutional Lender
holding, insuring or guaranteeing a first mortgage encumbering any Lot, identifying the name and address
of the holder, insurer or guarantor and the Lot number or address, any such holder, insurer or guarantor
will be entitled to timely written notice of:
11.01.1 Any condemnation or casualty loss which affects a material portion of the
Property or such Lot;
11.01.2 Any sixty (60)-day default in the payment of Assessments or charges owed to the
Association or in the performance of any obligation here under by the Owner of the Lot;
11.01.3 Any lapse, cancellation or material modification of any insurance Policy or fidelity
bond maintained by the Association;
11.01.4 Any proposed action which would require the consent of a specified percentage
of Institutional Lenders.
11.02 Consent of Institutional Lenders. Whenever the consent or approval of any, or a
specified percentage or portion of Institutional Lenders are required by this Declaration, the Articles, the
Bylaws, or any applicable statute or law, to any amendment of the Declaration, the Articles, or the
Bylaws, or to any action of the Association, or to any other matter relating to the Property, the
Association may request such consent or approval of such Institutional Lender(s) by written request sent
certified mail, return receipt requested (or equivalent delivery evidencing such request was delivered to
and received by such Institutional Lenders). Any Institutional Lender receiving such request shall be
required to consent to or disapprove the matter for which the consent or approval is requested, in writing,
by certified mail, return receipt requested (or equivalent delivery evidencing such request was delivered
to and received by the Association), which response must be received by the Association within thirty
(30) days after the holder receives such request, and if such response is not timely received by the
Association, the Institutional Lender shall be deemed to have consented to and approved the matter for
21
which such approval or consent was requested. Such consent or approval given or deemed to have been
given, where required, may be evidenced by an affidavit signed by all of the directors of the Association,
which affidavit, where necessary, may be recorded in the Public Records of Palm Beach County, Florida,
and which affidavit shall be conclusive evidence that the applicable consent or approval was given as to
the matters therein contained. The foregoing shall not appl y where an Institutional Lender is otherwise
required to specifically join in an amendment to this Declaration.
11.03 Pavment of Taxes and Insurance. Any Institutional Lender may pay any taxes or
assessments on the Common Areas which are in default, or any overdue insurance premiums on policies
to be maintained by the Association or may secure new insurance upon the lapse of a policy maintained
by the Association, and shall be owed immediate reimbursement therefor from the Association plus
interest at the highest rate permitted by law and any costs of collection, including attorneys' fees.
12.00 MISCELLANEOUS.
12.01 Conflict With Articles or Bvlaws. In the event of any conflict between the Articles
and the Bylaws and this Declaration, this Declaration, the Articles, and the Bylaws, in that order, shall
control.
12.02 Authoritv of Association and Delee:ation. Nothing contained in this Declaration shall
be deemed to prohibit the Board from delegating to anyone of its members, or to any officer, or to any
committee or any other person, any power or right granted to the Board by this Declaration including,
but not limited to, the right to exercise architectural control and to approve any deviation from any use
restriction, and the Board is expressly authorized to so delegate any power or right granted by this
Declaration.
12.03 Severabilitv. The invalidation in whole or in part of any of these covenants, conditions,
reservations and restrictions, or any section, subsection, sentence, clause, phrase, word or other provision
of this Declaration shall not affect the validity of the remaining portions which shall remain in full force
and effect.
12.04 Validitv. In the event any court shall hereafter determine that any proVISIons as
originally drafted herein violate the rule against perpetuities, the period specified in this Declaration shall
not thereby become invalid, but instead shall be reduced to the maximum period allowed under such rules
of law.
12.05 Assie:nment of Declarant's Rie:hts. Any or all of the rights, privileges, or options
provided to or reserved by Declarant in this Declaration, the Articles, or the Bylaws, may be assigned
by Declarant, in whole or in part, as to all or any portion of the Property or Phased Property, to any
person or entity pursuant to an assignment recorded in the public records of the county in which the
Property is located. Any partial assignee of any of the rights of Declarant shall not be deemed the
Declarant, and shall have no other rights, privileges or options other than as are specifically assigned.
No assignee of Declarant shall have any liability for any acts of Declarant or any prior Declarant unless
such assignee is assigned and agrees to assume such liability.
12.06 Performance of Association's Duties by Declarant. Declarant shall have the right from
time to time, at its sole discretion, to perform at Declarant's expense the duties and obligations required
hereunder to be performed by the Association, and in connection therewith to reduce the budget of the
22
Association and the Assessments payable by the Owner; provided, however, that any such performance
on the part of Declarant may be discontinued by Declarant at any time, and any such performance shall
not be deemed to constitute a continuing obligation on the part of Declarant.
12.07 Inaoolicability of Condominium Act. It is acknowledged that the Association is not
intended to be a condominium association, and is not intended to and shall not be governed by the
provisions of Florida Statutes, Chapter 718.
12.08 Actions Al:ainst Declarant. The Association shall not institute any legal proceedings
against Declarant without the consent of eighty percent (80%) of the Owners other than Declarant.
12.09 Membershio in Other Entities. The Association shall not become a member of any ad
hoc committee, association, corporation or other entity the acts of which are binding upon the Association
andlor its members unless membership in such entity is approved by two-thirds (213) of the members,
and provided that until such time as Declarant no longer owns a Lot, Declarant's written approval of such
membership shall be required.
IN WITNESS WHEREOF, Declarant has executed this Declaration this
,1996.
day of
DE GRAF, INC.
a Florida corporation
By:
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Gary De Graf
President
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
,1996, by Gary De Graf, as President of De Graf, Inc., a Florida corporation
_ who is personally known to me or
_ who has produced as identification and did take an oath.
Notary Public
Print Name:
My commission expires:
(846\1"lle\tk\3242)
23
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ARTICLES OF INCORPORATION
OF
EAST RIDGE HOMEOWNERS' ASSOCIATION, INC.,
a Florida not-for-prof"rt corporation
ARTICLE I - NAME
The name of the corporation is EAST RIDGE HOMEOWNERS' ASSOCIATION, INC., a
Florida not-for-profit corporation (the" Association").
ARTICLE II - DEFINITIONS
All terms used herein shall have the same meaning as defined in that certain Declaration of
Covenants and Restrictions for East Ridge, which shall be recorded amounst the Public Records of Palm
Beach County, Florida.
ARTICLE III - PURPOSE
The purposes for which the Association is organized are as follows:
1. To operate as a corporation not-for-profit pursuant to Chapter 617 of the Florida Statutes.
2. To enforce and exercise the duties of the Association as provided in the Declaration.
3. To promote the health, safety, welfare, comfort, and social and economic benefit of the
members of the Association.
ARTICLE III - POWERS AND DUTIES
The Association shall have the following powers and duties:
1. All of the common law and statutory powers of a corporation not-for-profit under the laws
of the State of Florida.
2. To administer, enforce, carry out and perform all of the acts, functions, rights and duties
provided in, or contemplated by, the Declaration, including, but not limited to, the following:
a. To own, purchase, sell, mortgage, encumber, lease, administer, manage, operate,
maintain, improve, repair and/or replace real and personal property.
1
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b. To make and collect Assessments against Owners to defray the costs, expenses
and losses incurred or to be incurred by the Association, and to use the proceeds thereof in the exercise
of the Association's powers and duties.
c. To enforce the provisions of the Declaration, these Articles, and the Bylaws.
d. To make, establish and enforce reasonable rules and regulations governing the
use of Common Areas, Lots, Homes and other property under the jurisdiction of the Association.
e. To grant and modify easements, and to dedicate property owned by the
Association to any public or quasi-public agency, authority or utility company for public, utility, drainage
and cable television purposes.
f. To borrow money for the purposes of carrying out the powers and duties of the
Association.
g. To exercise control over exterior alterations, additions, improvements, or changes
in accordance with the terms of the Declaration.
h. To obtain insurance as provided by the Declaration.
i. To employ personnel necessary to perform the obligations, services and duties
required of or to be performed by the Association and for proper operation of the properties for which
the A"ssociation is responsible, or to contract with others for the performance of such obligations, services
and/or duties.
j. To sue and be sued.
k. To contract for cable television services for the Property.
I. To employee management companies, solid waste removal companies, and others
to provide services to the Association.
ARTICLE IV - MEMBERS
I. The members of the Association shall consist of all of the record owners of Lots.
Membership shall be established as to each Lot upon the recording of the Declaration. Upon the transfer
of ownership of fee title to, or fee interest in, a Lot, whether by conveyance, devise, judicial decree,
foreclosure, or otherwise, and upon the recordation amongst the public records in the county in which
the Property is located of the deed or other instrument establishing the acquisition and designating the Lot
affected thereby, the new Owner designated in such deed or other instrument shall thereupon become a
member of the Association, and the membership of the prior Owner as to the Lot designated shall be
terminated, provided, however, that the Association shall not have the responsibility or obligation of
recognizing any such change in membership until it has been delivered a true copy of the applicable deed
or other instrument, or is otherwise informed of the transfer of ownership of the Lot. Prior to the
recording of the Declaration, the incorporator shall be the sole member of the Association.
2
2. The share of each member in the funds and assets of the Association, and the Common
Surplus, and any membership in this Association, cannot be assigned, hypothecated or transferred in any
manner except as an appurtenance to the Lot for which that membership is established.
3. On all matters upon which the membership shall be entitled to vote, there shall be only
one vote for each Lot. In the event any Lot is owned by more than one person and/or by an entity, the
vote for such Lot shall be cast in the manner provided by the Bylaws. Any person or entity owning more
than one Lot shall be entitled to one vote for each Lot owned.
4. The Bylaws shall provide for an annual meeting of the members of the Association and
shall make provision for special meetings.
ARTICLE V - TERM OF EXISTENCE
The Association shall have perpetual existence.
ARTICLE VI - DIRECTORS
1. The property, business and affairs of the Association shall be managed by a Board
consisting of either three (3) or five (5) directors. The Bylaws may provide for a method of determining
the number of directors from time to time. In the absence of a determination as to the number of
directors, the Board shall consist of three (3) directors. Directors are not required to be members of the
Association.
2. All of the duties and powers of the Association existing under the Declaration, these
Articles and the Bylaws shall be exercised exclusively by the Board, its agents, contractors or employees,
subject to approval by the members only when specifically required.
3. The Declarant shall have the right to appoint all of the directors until Declarant has
conveyed 80% of the Lots within the Property for all present and contemplated future phases, or until
3 years after the Declaration is recorded in the Public Records of Palm Beach County, Florida, whichever
occurs first, and thereafter Declarant shall have the right to appoint a majority of the directors so long
as the Declarant owns at least one (I) Lot during its ordinary course of business. The Declarant may
waive its right to elect one or more directors by written notice to the Associa-tion, and thereafter such
directors shall be elected by the members. When the Declarant no longer owns any Lot within the
Property, all of the directors shall be elected by the members in the manner provided in the Bylaws.
4. Directors may be removed and vacancies on the Board shall be filled in the manner
provided in the Bylaws, provided that any director appointed by the Declarant may only be removed by
the Declarant, and any vacancy on the Board shall be appointed by the Declarant if, at the time such
vacancy is to be filled, the Declarant is entitled to appoint the directors.
3
5. The names and addresses of the initial directors, who shall hold office until their
successors are appointed or elected, are as follows:
(1) Gary De Graf
4629 Poinciana Street, Apartment 221
Lauderdale By The Sea, FL 33308
(2) David W. De Graf
21340 Whitepine Road
Kildeer,IL 60074
(3)
Richard Rankin
7531 High Ridge Road
Lantana, FL 33462
.'
ARTICLE VII - OFFICERS
The officers of the Association shall be a president, vice president, secretary, treasurer and such
other officers as the Board may from time to time by resolution create. The officers shall serve at the
pleasure of the Board, and the Bylaws may provide for the removal from office of officers, for filling
vacancies, and for the duties of the officers. The names and addresses of the officers who shall serve until
their successors are designated by the Board are as follows:
President:
Gary De Graf
4629 Poinciana Street, Apartment 221
Lauderdale By The Sea, FL 33308
Secretary:
David W. De Graf
21340 Whitepine Road
Kildeer,IL 60074
ARTICLE VlII- INDEMNIFICATION
1. The Association shall identify any person who was or is a party, or is threatened to be made
a party, to any threatened, pending or contemplated action, suit or proceeding, whether civil, criminal,
administrative or investigative (other than an action by or in the right of the Association) by reason of
the fact that he is or was a director, employee, officer or agent of the Association, against expenses
(including attorneys' fees and appellate attorneys' fees), judgments, fines and amounts paid in settlement
actually and reasonably incurred by him in connection with the action, suit or proceeding if he acted in
good faith and in a manner he reasonably believed to be in, or not opposed to, the best interest of the
Association; and with respect to any criminal action or proceeding, if he had no reasonable cause to
believe his conduct was unlawful; except, that no identification shall be made in respect to any claim,
issue or matter as to which such person shall have been adjudged to be liable for gross negligence or
willful misfeasance or malfeasance in the performance of his duty to the Association unless and to the
extent that the court in which the action or suit was brought shall determine, upon application, that despite
4
the adjudication of liability, but in view of all the circumstances of the case, such person is fairly and
reasonably entitled to reimbursement for such expenses which the court shall deem proper. The
termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea
of nolo contendere or its equivalent, shall not, in and of itself, create a presumption that the person did
not act in good faith and in a manner which he reasonably believed to be in, or not opposed to, the best
interest of the Association; and with respect to any criminal action or proceeding, that he had no
reasonable cause to believe that his conduct was unlawful.
2. To the extent that a director, officer, employee or agent of the Association has been successful
on the merits or otherwise in defense of any action, suit or proceeding referred to in Paragraph 1 above,
or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including
attorneys' fees and appellate attorneys' fees) actually and reasonably incurred by him in connection
therewith.
3. Any indemnification under Paragraph I above (unless ordered by a court) shall be made by
the Association only as authorized in the specific case upon a determination that indemnification of the
director, officer, employee or agent is proper under the circumstances because he has met the applicable
standard of conduct set forth in Paragraph I above. Such determination shall be made (a) by the Board
by a majority vote of a quorum consisting of directors who were not parties to such action, suit or
proceeding, or (b) if such quorum is not obtainable or, even if obtainable, if a quorum of disinterested
directors so directs, by independent legal counsel in a written opinion, or (c) by approval of the members.
4. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by
the A'Ssociation in advance of the final disposition of such action, suit or proceeding as authorized by the
Board in the specific case upon receipt of an undertaking by or on behalf of the directors, officer,
employee or agent to repay such amount unless it shall ultimately be determined that he is entitled to be
identified by the Association as authorized herein.
5. The indemnification provided herein shall not be deemed exclusive of any other rights to which
those seeking indemnifica-tion may be entitled under the laws of the State of Florida, any Bylaw,
agreement, vote of members or otherwise; and as to action taken in an official capacity while holding
office, shall continue as to a person who has ceased to be a director, officer, employee, or agent and shall
inure to the benefit of the heirs, executors and administrators of such a person.
6. The Association shall have the power to purchase and maintain insurance on behalf of any
person who is or was a director, officer, employee or agent of the Association, or is or was serving at
the request of the Association as a director, officer, employee or agent of another corporation,
partnership, joint venture, trust or other enterprise, 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 Association would
have the power to indemnify him against such liability under the provisions of this Article.
ARTICLE IX - BYLAWS
The first Bylaws shall be adopted by the Board and may be altered, amended or rescinded by
the Declarant, the Directors and/or members in the manner provided by the Bylaws.
5
ARTICLE X - AMENDMENTS
Amendments to these Articles shall be proposed and adopted in the following manner:
1. A majority of the Board shall adopt a resolution setting forth the proposed amendment
and directing that it be submitted to a vote at a meeting of the members, which may be the annual or
a special meeting.
2. Written notice setting forth the proposed amendment or a summary of the changes to be
effected thereby shall be given to each member entitled to vote thereon within the time and in the manner
provided in the Bylaws for the giving of notice of a meeting of the members. If the meeting is an annual
meeting, the proposed amendment or such summary may be included in the notice of such annual
meeting.
3. At such meeting, a vote of the members entitled to vote thereon shall be taken on the
proposed amendment. The proposed amendment shall be adopted upon receiving the affirmative vote of
a majority of the votes of the entire membership of the Association.
4. Any number of amendments may be submitted to the members and voted upon by
them at anyone meeting.
5. If all of the directors and all of the members eligible to vote sign a written statement
manifesting their intention that an amendment to these Articles be adopted, then the amendment shall
thereby be adopted as though the above requirements had been satisfied.
6. No amendment shall make any changes in the qualifica-tions for membership nor in
the voting rights of members without approval by all of the members. No amendment shall be made
that is in conflict with the Declaration. Prior to the closing of the sale and conveyance by Declarant
of all Lots, no amendment shall make any changes which would in any way affect any of the rights,
privileges, powers or options herein provided in favor of, or reserved to, the Declarant, including,
but not limited to, any right of the Declarant to appoint directors pursuant to Article VII, unless the
Declarant shall join in the execution of the amendment.
7. No amendment to these Articles shall be made which discriminates against any Owner, or
affects less than all of the Owners within the Property, without the written approval of all of the
Owners so discriminated against or affected.
8. Notwithstanding anything herein to the contrary, so long as the Declarant is entitled to appoint
a majority of the directors of the Association the Declarant shall, subject to the provisions of Paragraph
6 and 7 of this Article X, have the right to unilaterally amend these Articles without the joinder or
approval of the Board, any member, or any other party.
9. Upon the approval of an amendment to these Articles, the articles of amendment shall be
executed and delivered to the Department of State as provided by law, and a copy certified by the
Department of State shall be recorded in the public records of the county in which the Property is located.
6
ARTICLE XI - DISSOLUTION
In the event of dissolution or final liquidation of the Association, the assets, both real and
personal, of the Associa-tion, shall be dedicated to an appropriate public agency or utility to be devoted
to purposes as nearly as practicable the same as those to which they were required to be devoted by the
Association. In the event that such dedication is refused acceptance, such assets shall be granted,
conveyed and assigned to any nonprofit corporation, association, trust or other organization, to be
devoted to purposes as nearly as practicable to the same as those to which they were required to be
devoted by the Association. No such disposition of Association properties shall be effective to divest or
diminish any right or title of any Member vested in him under the recorded Declaration unless made in
accordance with the provisions of such Declaration.
ARTICLE XII - REGISTERED OFFICE ADDRESS
AND NAME OF REGISTERED AGENT
The registered office of the Association shall be 4629 Poinciana Street, Apartment 221,
Lauderdale By The Sea, FL 33308.
The registered agent of the Association at that address is Gary De Graf.
WHEREFORE, the undersigned have executed these Articles on this _ day of
,1996.
EAST RIDGE HOMEOWNERS' ASSOCIATION, INC.,
a Florida corporation _ i "
C, \i:,\., \ i,\ \~
By: '\0 \su I.JV
Gary De Graf, its President
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STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
, 1996 by Gary De Graf, as President of EAST RIDGE HOMEOWNERS'
ASSOCIATION, a Florida not-for-profit corporation,
_ who is personally known to me or
_ who has produced as identification.
Notary Public
Print Name:
My commission expires:
7
f."'
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,
REGISTERED AGENT CERTIFICATE AND ACCEPTANCE
Pursuant to Chapter 607, Florida Statutes, as amended, the following is submitted:
I. EAST RIDGE HOMEOWNERS' ASSOCIATION, INC., a Florida not-for-profit corporation,
is desiring to organize under the laws of the State of Florida, with its principal office as indicated in the
Articles ofIncorporation, at 4629 Poinciana Street, Apartment 221, Lauderdale By The Sea, FL
33308, and names Gary De Graf as its agent to accept service of process within the State of Florida.
2. Having been named to accept service of process for the above-named corporation at the place
designated in this Certificate, I hereby accept acting in this capacity and agree to comply with the
provisions of Chapter 607, Florida Statutes, as amended, relative to keeping open said office.
Gary De Graf
Registered Agent
Dated:
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BYLAWS
OF
EAST RIDGE HOMEOWNERS ASSOCIATION, INC.,
a Florida corporation not-for-prom
1.00 GENERAL PROVISIONS.
1.01 Identitv. These are the Bylaws of East Ridge Homeowners' Association, Inc., a Florida
not-for-profit corporation (the "Association"), a corporation not-for-profit formed under the laws of the
State of Florida. The Association has been organized for the purposes stated in the Articles of
Incorporation of the Association (the "Articles") and shall have all of the powers provided in these
Bylaws, the Articles, the Declaration of Covenants and Restrictions for East Ridge (the "Declaration"),
and any statute or law of the State of Florida, or any other power incident to any of the above powers.
1.02 Princioal Office. The principal office of the Association shall be at such place as the
Board may determine from time to time.
1.03 Fiscal Year. The fiscal year of the Association shall be the calendar year.
1.04 Seal. The seal of the Association shall have inscribed upon it the name of the Association,
the year of its incorporation and the words "Corporation not-for-profit." The seal may be used by causing
it, or a facsimile thereof, to be impressed, affixed or otherwise reproduced upon any instrument or
document executed in the name of the Association.
1.05 Insoection of Books and Records. The books and records of the Association shall be
open to inspection by all Owners or their authorized representatives, and all holders, insurers or
guarantors of any first mortgage encumbering a Lot, upon request, during normal business hours or under
other reasonable circumstances. Such records of the Association shall include current copies of the
Declaration, Articles, Bylaws, and any amendments thereto, any contracts entered into by the
Association, and the books, records and financial statements of the Association. The Association shall
be required to make available to prospective purchasers of Lots current copies of the Declaration, Articles
and Bylaws, and the most recent annual financial statement of the Association.
1.06 Definitions. Unless the context otherwise requires, all terms used in these Bylaws shall
have the same meaning as are attributed to them in the Articles and the Declaration.
2.00 MEMBERSHIP IN GENERAL.
1
2.01 Oualification. Pursuant to the Articles, all of the record owners of Lots shall be members
of the Association. Membership for each Lot shall be established upon the recording of the Declaration.
Prior to the recording of the Declaration, the incorporator shall be the sole member of the Association,
but its membership shall terminate upon the recording of the Declaration, unless it owns one or more
Lots.
2.02 Chanees in Membership. The transfer of the ownership of any Lot, either voluntarily
or by operation of law, shall automatically terminate the membership of the prior owner, and the
transferee or new owner shall automatically become a member of the Association. It shall be the
responsibility of any such transferor and transferee of a Lot to notify the Association of any change in
the ownership of any Lot, and the corresponding change in any membership, by delivering to the
Association a copy of the deed or other instrument of conveyance which establishes a transfer of
ownership. In the absence of such notification, the Association shall not be obligated to recognize any
change in membership or ownership of a Lot for purposes of notice, voting, Assessments, or for any
other purpose.
2.03 Member Reeister. The secretary of the Association shall maintain a register in the office
of the Association showing the names and addresses of the members of the Association. It shall be the
obligation of each member of the Association to advise the secretary of any change of address of the
member, or of the change of ownership of the member's Lot, as set forth above. Any member who
mortgages his Lot shall notify the Association of the name and address of his mortgagee and shall file
a copy of the mortgage and underlying promissory note with the Association. Any member who satisfies
the mortgage encumbering his Lot shall also notify the Association thereof, and shall file a copy of the
satisfaction of mortgage with the Association. The names and addresses of any such mortgagee shall also
be maintained in the member register.
3.00 MEMBERSlllP VOTING.
3.01 Votine Riehts. There shall be one vote for each Lot. In the event any Lot is owned by
more than one person, or is owned by a person other than an individual, the vote for such Lot shall be
cast as set forth below, and votes shall not be divisible. In the event any member owns more than one
Lot, the member shall be entitled to one vote for each such Lot.
3.02 Maioritv Vote and Ouorum Reouirements. The acts approved by a majority of the
votes present in person or by proxy at a meeting at which a quorum is present shall be binding upon all
members and Owners for all purposes, except where otherwise provided by law, in the Declaration, in
the Articles, or in these Bylaws. Unless otherwise so provided, at any regular or special meeting the
presence in person or by proxy of persons entitled to cast the votes for twenty percent (20%) of the Lots
shall constitute a quorum.
3.03 Determination as to Votine Riehts.
3.03.01 In the event any Lot is owned by one person, his right to cast the vote for the Lot
shall be established by the record title to his Lot.
3.03.02 In the event any Lot is owned by more than one person or by an entity, the vote
for the Lot may be cast at any meeting by any co-owner of the Lot provided, however, that in the event
2
a dispute arises between the co~owners as to how the vote for the Lot shall be cast, or in the event the
co~wners are unable to concur in their decision upon any subject requiring a vote, they shall lose their
right to cast the vote for the Lot on the matter being voted upon at that meeting, but their membership
shall be counted for purposes of determining the existence of a quorum. For purposes of this paragraph,
the principals or partners of any entity (other than a corporation) owning a Lot shall be deemed co-owners
of the Lot, and the directors and officers of a corporation owning a Lot shall be deemed co-owners of
the Lot.
3.04 Proxies. Every member entitled to vote at a meeting of the members, or to express
consent or dissent without a meeting, may authorize another person Of persons to act on the member's
behalf by a proxy as signed by such member or his attorney-in-fact. Any proxy shall be delivered to the
secretary of the meeting at or prior to the time designated in the order of business for delivering proxies.
Any proxy shall be effective only for the specific meeting for which originally given and any lawfully
adjourned meetings thereof. In no event shall any proxy be valid for a period longer than one hundred
twenty (120) days after the date of the first meeting for which it was given. Every proxy shall be
revocable at any time at the pleasure of the member executing it. Every proxy shall specifically set forth
the name of the person voting by proxy, and the name of the person authorized to vote the proxy for him.
Every proxy shall contain the date, time, and place of the meeting for which the proxy is given, and if
a limited proxy, shall set forth those items which the proxy holder may vote, and the manner in which
the vote is to be cast.
4.00 MEMBERSHIP MEETINGS.
4.01 Who Mav Attend. In the event any Lot is owned by more than one person, all
co-owners of the Lot may attend any meeting of the members. In the event any Lot is owned by a
corporation, any director or officer of the corporation may attend any meeting of the members. However,
the vote for any Lot shall be cast in accordance with the provisions of Paragraph 3.00 above. Institutional
Lenders shall have the right to attend all members meetings.
4.02 Place. All meetings of the members shall be held at the principal office of the
Association or at such other place and at such time as shall be designated by the Board and stated in the
notice of meeting.
4.03 Notices. Written notice stating the place, day and hour of any meeting and, in the
case of a special meeting, the purpose or purposes for which the meeting is called, shall be given to each
member entitled to vote at such meeting not less than 10 nor more than 60 days before the date of the
meeting, by or at the direction of the president, the secretary or the officer or persons calling the
meeting. For the purpose of determining members entitled to notice of, or to vote at, any meeting of the
members of the Association, or in order to make a determination of the members for any other purpose,
the Board shall be entitled to rely upon the member register as same exists ten days prior to the giving
of the notice of any meeting, and the Board shall not be required to take into account any changes in
membership occurring aftef that date but may, in their sole and absolute discretion, do so.
Notwithstanding the foregoing, if a Lot is owned by more than one person or by an entity, only one
notice shall be required to be given with respect to the Lot, which may be given to any co owner as
defined in Paragraph 3.03.02 of these Bylaws. Notice to any member or co-owner shall be sent to the
Lot of such member or co-owner, unless the Owner(s) of the Lot otherwise request.
3
4.04 Waiver of Notice. Whenever any notice is required to be given to any member under
the provisions of the Articles or these Bylaws, or as otherwise provided by law, a waiver thereof in
writing signed by the person or persons entitled to such notice, whether before or after the time stated
therein, shall be equivalent to the giving of such notice. Attendance of a member at a meeting shall
constitute a waiver of notice of such meeting, except when the member objects at the beginning of the
meeting to the transaction of any business because the meeting is not lawfully called or convened.
4.05 Annual Meetim!. The annual meeting for the purpose of electing directors and for
transacting any other business shall be held at eight o'clock p.m. on the third Tuesday in March of each
year, or at such other time in the months of January, February or March of each year as shall be selected
by the Board and as is contained in the notice of such meeting. However, so long as Declarant appoints
a majority of the directors of the Association, no annual meetings will be required to be held.
4.06 Soecial Meetinl!s. As long as the Declarant is entitled to appoint any director, only
the Declarant may call a special meeting of the members. After the Declarant is no longer entitled to
appoint any director, special meetings of the members may be called at any time by any director, the
president, or at the request, in writing, by not less than fifteen percent (15%) of the members, or as
otherwise provided by law. Such request shall state the purpose of the proposed meeting. Business
transacted at all special meetings shall be confined to the subjects stated in the notice of meeting. Notice
of any special meeting shall be given by the secretary or other officer of the Association, to all of the
members within fifteen (15) days after same is duly called, and the meeting shall be held within forty-five
(45) days after same is duly called.
- 4.07 Adiournments. Any meeting may be adjourned or continued by a majority vote
of the members present in person or by proxy and entitled to vote, or if no member entitled to vote is
present, then any officer of the Association may adjourn the meeting from time to time. If any meeting
is adjourned or continued to another time or place, it shall not be necessary to give any notice of the
adjourned meeting, if the time and place to which the meeting is adjourned are announced at the meeting
at which the adjournment is taken, and any business may be transacted at the adjourned meeting that
might have been transacted at the original meeting. If the time and place to which the meeting is
adjourned are announced at the meeting at which the adjournment is taken, notice of the adjourned
meeting may be given to members not present at the original meeting, without giving notice to the
members who were present at such meeting.
4.08 Orl!anization. At each meeting of the members, the president, the vice president, or any
person chosen by a majority of the members present, in that order, shall act as chairman of the meeting.
The secretary, or in his absence or inability to act, any person appointed by the chairman of the meeting,
shall act as secretary of the meeting.
4.09 Order of Business.
The order of business at the annual meetings of the members shall
be:
4.09.01
Determination of chairman of the meeting;
4.09.02
Calling of the role and certifying of proxies;
4.09.03
Proof of notice of meeting or waiver of notice;
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4.09.04
Reading and disposal of any unapproved minutes;
4.09.05
Election of inspectors of election;
4.09.06
Determination of number of directors;
4.09.07
Election of directors;
4.09.08
Reports of directors, officers or committees;
4.09.09
Unfinished business;
4.09.10
New business; and
4.09.11
Adjournment
4.10 Minutes. The minutes of all meetings of the members shall be kept in a book
available for inspection by the members or their authorized representatives, and by the directors, at any
reasonable time. The Association shall retain these minutes for a period of not less than seven years.
4.11 Actions Without a Meetim!. Any action required or permitted to be taken at any annual
or special meeting of the members of the Association, may be taken without a meeting, without prior
notice, and without a vote if a consent in writing, setting forth the action so taken, shall be signed by the
members having not less than the minimum number of votes that would be necessary to authorize or take
such action at a meeting at which all members entitled to vote thereon were present and voted. Within
ten days after obtaining such authorization by written consent, notice shall be given to those members
who have not consented in writing. The notice shall fairly summarize the material features of. the
authorized action. If a Lot is owned by more than one person or by a corporation, the consent for such
Lot need only be signed by one person who would be entitled to cast the vote for the Lot as a co-owner
pursuant to Paragraph 3.03.02 of these Bylaws.
5.00 DIRECTORS.
5.01 Membership.
5.01.01 The affairs of the Association shall be managed by a Board consisting of either
three (3) or five (5) directors. So long as the Declarant is entitled to appoint any director pursuant to the
Articles, the number of directors will be determined, and may be changed from time to time, by the
Declarant by written notice to the Board. After the Declarant is no longer entitled to appoint any director,
the number of directors may be changed at any meeting where the members are to elect any directors (i)
by the then existing Board, if prior to such meeting of the members the Board votes to change the number
of directors and such change is indicated in the notice of the meeting sent to the members, or (il) by the
members at the meeting prior to the election of directors. If the number of directors on the Board is not
changed, then the number of directors shall be the same as the number on the Board prior to such
meeting (plus any unfilled vacancies created by the death, resignation or removal of a director). In any
event there shall always be an odd number of directors.
5
5.02 Election of Directors bv Members. Election of directors to be elected by the members
of the Association shall be conducted in the following manner;
5.02.01 Within sixty days after the members other than the Declarant are entitled to elect
a majority of the directors, as provided in the Articles, or within sixty (60) days after the Declarant
notifies the Association in writing that it waives its right to appoint one or more directors, the Association
shall call, and give not less than thirty (30) days nor more than forty (40) days notice of, a special
meeting of the members to elect any directors the members are then entitled to elect, or to replace the
appropriate number of directors previously appointed by the Declarant as to which the Declarant has
waived its right to appoint. Such special meeting may be called and the notice given by any member if
the Association fails to do so. At such special meeting the members shall elect any directors which they
are entitled to elect, and if they fail to do so any directors appointed hy Declarant which would have been
replaced by any directors elected by the members may resign without further liability or obligation to the
Association. In the event such a special meeting is called and held, at such meeting the members may
elect not to hold the next annual meeting of the members if such next annual meeting would be less than
four (4) months after the date of the special meeting, and upon such election the next annual meeting of
the members shall not be held.
5.02.02 Except as provided above, the members shall elect directors at the annual
members' meetings.
5.02.03 Prior to any special or annual meeting at which directors are to be elected by the
members, the existing Board may nominate a committee, which committee shall nominate one person for
each oirector to be elected by the members, on the basis that the number of directors to serve on the
Board will not be altered by the members at the members' meeting. Nominations for additional
directorships created at the meeting shall be made from the floor, and other nominations may be made
from the floor.
5.02.04 The election of directors by the members shall be by ballot (unless dispensed with
by unanimous consent) and by a plurality of the votes cast, each member voting being entitled to cast his
votes for each of as many nominees as there are vacancies to be filled. There shall be no cumulative
voting.
5.03 Term of Office. All directors elected by the members shall hold office until the
next annual meeting of the members and until their successors are duly elected, or until such director's
death, resignation or removal, as hereinafter provided or as otherwise provided by statute or by the
Articles.
5.04 Orl!anizational Meetinl!. The newly elected Board shall meet for the purposes of
organization, the election of officers and the transaction of other business immediately after their election
or within ten (10) days of same at such place and time as shall be filed by the directors at the meeting
at which they were elected, and no further notice of the organizational meeting shall be necessary.
5.05 Rel!ular Meetinl!s. Regular meetings of the Board may be held at such time and place
as shall be determined, from time to time, by a majority of the directors.
6
5.06 Soecial Meetinl!s.
by the president, at any time.
Special meetings of the Board may be called by any director, or
5.07 Notice of Meetinl!s. Notice of each meeting of the Board shall be given by the
secretary, or by any other officer or director, which notice shall state the day, place and hour of the
meeting. Notice of such meeting shall be delivered to each director either personally or by telephone or
telegraph, at least 48 hours before the time at which such meeting is to be held, or by first class mail,
postage prepaid, addressed to such director at his residence, or usual place of business, mailed at least
five (5) days before the day on which such meeting is to be held. Notice of a meeting of the Board need
not be given to any director who signs a waiver of notice either before or after the meeting. Attendance
of a director at a meeting shall constitute a waiver of notice of such meeting and a waiver of any and all
objections to the place of the meeting, the time of the meeting, or the manner in which it has been called
or convened, except when a director states, at the beginning of the meeting, an objection to the
transaction of any business because the meeting is not lawfully called or convened. Neither the business
to be transacted at, nor the purpose of, any regular or special meeting of the Board need be specified in
any notice or waiver of notice of such meeting.
5.08 Ouorum and Manner of Actine. A majority of the directors determined in the
manner provided in these Bylaws shall constitute a quorum for the transaction of any business at a
meeting of the Board. The act of the majority of the directors present at a meeting at which a quorum
is present shall be the act of the Board, unless the act of a greater number of directors is required by
statute, the Declaration the Articles, or by these Bylaws. A director may join by written concurrence in
any action taken at a meeting of the Board but such concurrence may not be used for the purposes of
creating a quorum. .
5.09 Adiourned Meetinl!s. A majority of the directors present at a meeting, whether or not
a quorum exists, may adjourn any meeting of the Board to another place and time. Notice of any such
adjourned meeting shall be given to the directors who are not present at the time of the adjournment, and,
unless the time and place of the adjourned meeting are announced at the time of the adjournment, to the
other directors. At any adjourned meeting, any business that might have been transacted at the meeting
as originally called may be transacted without further notice.
5.10 Presidinl! Officer. The presiding officer of the Board meetings shall be the chairman
of the Board if such an officer is elected; and if none, the president of the Association shall preside. In
the absence of the presiding officer, the directors shall designate one of their members to preside.
5.11 Order of Business. The order of business at a Board meeting shall be:
5.11.01
Calling of roll;
5.11.02
Proof of due notice of meeting;
5.11.03
Reading and disposal of any unapproved minutes;
5.11.04
Reports of officers and committees;
5.11.05
Election of officers;
7
5.11.06
Unfinished business;
5.11.07
New business;
5.11.08
Adjournment.
5.12 Minutes of Meetines. The minutes of all meetings of the Board shall be kept in a book
available for inspection by the members of the Association, or their authorized representatives, and the
directors at any reasonable time. The Association shall retain these minutes for a period of not less than
seven years.
5.13 Committees. The Board may, by resolution duly adopted, appoint committees. Any
committee shall have and may exercise such powers, duties and functions as may be determined by the
Board from time to time, which may include any powers which may be exercised by the Board and which
are not prohibited by law from being exercised by a committee.
5.14 Reshmation. Any director may resign at any time by giving written notice of his
resignation to another director or officer. Any such resignation shall take effect at the time specified
therein or, if the time when such resignation is to become effective is not specified therein, immediately
upon its receipt; and, unless otherwise specified therein, the acceptance of such resignation shall not be
necessary to make it effective.
5.15 Removal of Directors.
Directors may be removed as follows:
5.15.01 Any director other than a director appointed by the Declarant may be removed
by majority vote of the remaining directors, if such director (a) has been absent for the last three
consecutive Board meetings, and/or adjournments and continuances of such meetings; or (b) is an Owner
and has been delinquent for more than thirty (30) days after written notice in the payment of Assessments
or other monies owed to the Association.
5.15.02 Any director other than a director appointed by the Declarant may be removed
with or without cause by the vote of a majority of the members of the Association at a special meeting
of the members called by not less than ten percent of the members of the Association expressly for that
purpose. The vacancy on the Board caused by any such removal may be filled by the members at such
meeting or, if the members shall fail to fill such vacancy, by the Board, as in the case of any other
vacancy on the Board.
5.16 Vacancies.
5.16.01 Vacancies in the Board may be filled by a majority vote of the directors then in
office, though less than a quorum, or by a sole remaining director, and a director so chosen shall hold
office until the next annual election and until his successors is duly elected, unless sooner displaced. If
there are no directors, then a special election of the members shall be called to elect the directors.
Notwithstanding anything contained herein to the contrary, the Declarant at all times shall have the right
to appoint the maximum number of directors permitted by the Articles, and any vacancies on the Board
may be filled by the Declarant to the extent that the number of directors then serving on the Board which
were appointed by the Declarant is less than the number of directors the Declarant is then entitled to
8
appoint.
5.16.02 In the event the Association fails to fill vacancies on the Board sufficient to
constitute a quorum in accordance with these Bylaws, any Lot Owner may apply to the Circuit Court of
the County in which the Property is located for the appointment of a receiver to manage the affairs of
the Association. At least thirty (30) days prior to applying to the Circuit Court, the Lot Owner shall mail
to the Association a notice describing the intended action giving the Association the opportunity to fill
the vacancies. If during such time the Association fails to fill the vacancies, the Lot Owner may proceed
with the petition. If a receiver is appointed, the Association shall be responsible for the salary of the
receiver, court costs, and attorneys' fees. The receiver shall have all powers and duties of a duly
constituted member of the Board, and shall serve until the Association fills vacancies on the Board
sufficient to constitute a quorum.
5.17 Directors ADpointed bv the Declarant. Notwithstanding anything contained herein
to the contrary, the Declarant shall have the right to appoint the maximum number of directors in
accordance with the privileges granted to the Declarant pursuant to the Articles. All directors appointed
by the Declarant shall serve at the pleasure of the Declarant, and the Declarant shall have the absolute
right, at any time, and in its sole discretion, to remove any director appointed by it, and to replace such
director with another person to serve on the Board. Replacement of any director appointed by the
Declarant shall be made by written instrument delivered to any officer or any other director, which
instrument shall specify the name of the person designated as successor director. The removal of any
director and the designation of his successor by the Declarant shall become effective immediately upon
delivery of such written instrument by the Declarant.
5.18 Compensation. The Directors shall not be entitled to any compensation for serving
as Directors unless the members approve such compensation, provided however, the Association may
reimburse any Director for expenses incurred on behalf of the Association without approval of. the
members.
5.19 Powers and Duties. The directors shall have the right to exercise all of the powers and
duties of the Association, express or implied, existing under these Bylaws, the Articles, the Declaration,
or as otherwise provided by statute or law.
6.00 OFFICERS.
6.01 Members and OuaJifications. The officers of the Association shall include a president,
a vice president, a treasurer and a secretary, all of whom shall be elected by the directors and may be
preemptively removed from office with or without cause by the directors. Any person may hold two or
more offices except that the president shall not also be the secretary. The Board may, from time to time,
elect such other officers and designate their powers and duties as the Board shall find to be appropriate
to manage the affairs of the Association from time to time. Each officer shall hold office until the meeting
of the Board following the next annual meeting of the members, or until his successor shall have been
duly elected and shall have qualified, or until his death, or until he shall have resigned, or until he shall
have been removed, as provided in these Bylaws.
6.02 Resienations. Any officer may resign at any time by glvmg written notice of his
resignation to any director or officer. Any such resignation shall take effect at the time specified therein,
9
--~- -_._-,_._-_.._--_...._-~~_.,_._-,...._._-
or if there is no time specified therein, immediately upon its receipt; and unless otherwise specified
therein, the acceptance of such resignation shall not be necessary to make such resignation effective.
6.03 Vacancies. A vacancy in any office, whether arising from death, resignation, removal
or any other cause may be filled for the unexpired portion of the term of the office which shall be vacant
in the manner prescribed in these Bylaws for the regular election or appointment of such office.
6.04 The President. The president shall be the chief executive officer of the
Association. He shall have all of the powers and duties which are usually vested in the office of president
of an association or corporation including, but not limited to, the power to appoint committees from
among the members from time to time, as he may in his discretion deem appropriate to assist in the
conduct of the affairs of the Association.
6.05 The Vice President. The vice president shall, in the absence or disability of the
president, exercise the powers and perform the duties of the president. He shall also assist the president
generally and exercise such other powers and perform such other duties as may be prescribed by the
directors.
6.06 The Secretarv. The secretary shall prepare and keep the minutes of all
proceedings of the directors and the members. He shall attend to the giving and serving of all notices to
the members and directors and other notices required by law. He shall have custody of the seal of the
Association and affix the same to instruments requiring a seal when duly executed. He shall keep the
records of the Association, except those of the treasurer, and shall perform all other duties incident to
the office of secretary of an association, and as may be required by the directors or the president.
6.07 The Treasurer. The treasurer shall have custody of all property of the Association,
including funds, securities, and evidences of indebtedness. He shall keep books of account for- the
Association in accordance with good accounting practices, which, together with substantiating papers,
shall be made available to the Board for examination at reasonable times. He shall submit a Treasurer's
Report to the Board at reasonable intervals and shall perform all other duties incident to the office of
treasurer. He shall collect all Assessments and shall report to the Board the status of collections as
requested .
Notwithstanding the foregoing, the Board may delegate to a management company or managing
agent the power to collect Assessments, sign checks on behalf of the Association and to perform such
other functions and duties as is customary, upon such terms and conditions and upon furnishing the
Association such bond as the Board deems appropriate.
6.08 ComDensahon. The officers shall not be entitled to compensation unless the Board
specifically votes to compensate them. However, neither this provision, nor the provision that directors
will not be compensated unless otherwise determined by the members, shall preclude the Board from
employing a director or an officer as an employee of the Association and compensating such employee,
nor shall they preclude the Association from contracting with a director for the management of property
subject to the jurisdiction of the Association, or for services to the Association, and in either such event
to pay such director a reasonable fee for such management or services.
10
7.00 FINANCES AND ASSESSMENTS.
7.01 Assessment Roll. The Association shall maintain an Assessment roll for each Lot,
designating the name and current mailing address of the Owner, the amount of each Assessment against
such Owner, the dates and amounts in which the Assessments come due, the amounts paid upon the
account of the Owner, and the balance due.
7.02 Denositories. The funds of the Association shall be deposited in such banks and
depositories as may be determined and approved by appropriate resolutions of the Board from time to
time. Funds shall be withdrawn only upon checks and demands for money signed by such officers,
directors or other persons as may be designated by the Board.
7.03 Apolication of Payments and Comminl!lin~ of Funds. All sums collected by the
Association from Assessments may be commingled in a single fund or divided into more than one fund,
as determined by the Board.
7.04 Accountint: Records and Reports. TheAssociationshallmaintainaccountingrecords
according to good accounting practices. The records shall be open to inspection by Owners and
Institutional Lenders or their authorized representatives, at reasonable times. The records shall include,
but not be limited to, (a) a record of all receipts and expenditures, and (b) the Assessment roll of the
members referred to above. The Board may, and upon the vote of a majority of the members shall,
conduct a review of the accounts of the Association by a public accountant, and if such an review is
made, a copy of the report shall be furnished to each member, or their authorized representative, within
fifteen days after same is received by the Board.
8.00 PARLIAMENTARY RULES. Roberts' Rules of Order Oatest edition) shall
govern the conduct of the Association meetings when not in conflict with the Declaration, the Artkles
or these Bylaws.
9.00 AMENDMENTS.
the following manner:
Except as otherwise provided, these Bylaws may be amended in
9.01 Notice. Notice of the subject matter of a proposed amendment shall be included
in the notice of any meeting at which a proposed amendment is to be considered.
9.02 Initiation. A resolution to amend these Bylaws may be proposed either by any
director, or by or at the direction oftwenty-five (25%) or more of the members of the Association.
9.03 Adoption of Amendments.
9.03.01 A resolution for the adoption of the proposed amendment shall be adopted either:
(a) by unanimous vote of all of the directors, or (b) by not less than two-thirds (2/3) of the votes of the
entire membership of the Association. Any amendment approved by the members may provide that the
Board may not further amend, modify or repeal such amendment.
9.03.02 Notwithstanding anything contained herein to the contrary, so long as the
Declarant is entitled to appoint a majority of the directors, the Declarant shall have the right to
11
unilaterally amend these Bylaws without the joinder or approval of the Board, any member, any
Institutional Lender or any other party, subject, however, to the provisions of Paragraphs 9.04 and 9.05
of these Bylaws.
9.04 No amendment shall make any changes in the qualification for membership nor in the
voting rights or property rights of members without approval by all of the members and the joinder of
all record owners of mortgages upon the Lots. No amendment shall be made that is in conflict with the
Declaration or the Articles. Prior to the closing of the sale and conveyance by Declarant of all Lots, no
amendment shall make any changes which would in any way affect any of the rights, privileges, powers
or options herein provided in favor of, or reserved to, the Declarant, unless the Declarant shall join in
the execution of the amendment, including, but not limited to, any right of the Declarant to appoint
directors.
9.05 No amendment to these Bylaws shall be made which discriminates against any Owner(s),
or affects less than all of the Owners without the written approval of all of the Owners so discriminated
against or affected.
9.06 No modification of, or amendment to, the Bylaws shall be valid until recorded in the
public records of the county in which the Property is located.
10.00 MISCELLANEOUS.
10.01 Tenses and Genders. The use of any gender or of any tense in these Bylaws shall refer
to all' genders or to all tenses, wherever the context so requires.
10.02 ParlialInvalidity. Should any of the provisions hereof be void or become
unenforceable at law or in equity, the remaining provisions shall, nevertheless, be and remain in full force
and effect.
10.03 Connicls. In the event of any conflict, the Declaration, the Articles, and these
Bylaws, shall govern, in that order.
10.04 Caotions. Captions are inserted herein only as a matter of convenience and for
reference, and in no way are intended to or shall define, limit or describe the scope of these Bylaws or
the intent of any provisions hereof.
10.05 Waiver of Objections. The failure of the Board or any officers of the Association
to comply with any terms and provisions of the Declaration, the Articles, or these Bylaws which relate
to time limitations shall not, in and of itself, invalidate the act done or performed. Any such failure shall
be waived if it is not objected to by a member of the Association within ten (10) days after the member
is notified, or becomes aware, of the failure. Furthermore, if such failure occurs at a general or special
ID"eeting, the failure shall be waived as to all members who received notice of the meeting or appeared
and failed to object to such failure at the meeting.
10.06 Definition.
Declaration.
All terms used herein shall have the same meaning as defined in the
12
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. "
The foregoing was adopted as the Bylaws of the East Ridge Homeowners' Association, Inc., a
Florida not-for-profit corporation, at the meeting of the Board on the day of
1996.
By:
DirectoF~
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Director
(%~6\rae\tk\3243)
13
Director
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3333 N. FEDERAL HIGHWAY
BocA RATON. FulRItM. 33431
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JOHN A. GRANT, JR., INC.
CntlSULTltlG EtlGltlEERS .wILAtlO SURVEYORS
HIGHWAYS ,AND 8RIDG~
STORM DRAINAGE:
WA TE:R SUPPLY
LAND DEVEt..OPMENT STUDIES
SfBOIVlSIONS
T POGRAPHIC SURVEYS
B CH EROSION
PHONE (401) 39S-3333 FAX 1.04071 39!5-331!5
CONSTRUCTION SURVEYS
MORTGAGE SURVEYS
STRUCTUR......L DESION
SANITARY SEWERS
MARINAS
CONSTRUCTION SUPtRV1SION
BULKHEAD L.'r-.;:S
December S, 1995
PARK RIDGE -- OUR JOB # 100-7803
MASTER 2LliN
DESCRIPTION Qf SlTE CONDITION AND PROPOSED DEVELOPMENT
The existing site is vacant property located adjacent
to the Florida East Coast Railroad between Northeast 20th and
22nd Avenues along Northeast 4th Street. No covenants exist
relating to the subject property.
The property which is heavily overgrown with weeds and a
few trees, is separated from six existing
duplex units
located to the southwest of the property by a 6' high:wooden
fence. A legal description
of the subject property is
provided in the attached Environmental Report prepared by
Empire Environmental, Inc.
The proposed development is for construction of 34
detached multi-family residences, with the common grounds
being maintained by the Park Ridge Homeowner's Association.
The development will have a circulator road that connects
into Northeast 4th Street, with a cul-de-sac at the Southeast
corner of the development.
Watermain and gravity sanitary sewer services for the
development will be provided by the City of Boynton Beach,
with connection to water and sanitary sewer lines on
.
Page 2
Master Plan
Park Ridge
Northeast 4th Street, as shown on the attached Grading,
Paving, Drainage, Water & Sewer Plans.
The other required
public utilities will be provided by the respective utility
companies servicing the area. Curbside pickup is planned for
refuse collection.
The drainage plan for the development calls for roadside
inlets to collect rainfall and direct it to a dry retention
area to be located on the east side of the site. The site is
designed to hold up to the 3 day/25 year storm with no runoff
from the property. Building pads will be designed based on a
3 day/lOa year storm.
No change is being made to the existing R-3 zoning.
A detailed description of existing site conditions is
provided in the attached Environmental Report.
DJH/la
JOHN A GRANT, JR., INC.
~=
Project Engineer
111 South Federal Highway
,uitc 124-
,tuart, Fl349Q.t
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EMPIRE
ENVIRONMENTAL
PHASE I ENVIRONMENTAL AUDIT
OF PROPERlY LOCATED ADJACENT TO THE
FLORIDA EAST COAST RAILWAY
AND BETWEEN NORTHEAST 20TH AND 22ND AVENUES
ALONG NORTHEAST 4111 STREET
BOYNTON BEACH, FLORIDA
PREPARED FOR
MR. GARY DE GRAF
PREPARED BY
EMPIRE ENVIRONMENTAL, INC.
MAY 18, 1995
u
(407) 287-0529
(8001 344~ 1087
Fax: 2:0-6619
Clmtamination t\sse5.~meT1ts,
Em.imnmental Audits. Permitting
1.0 Introduction
This report constitutes a Phase I Environmental Audit of a
parcel of property in Boynton Beach Florida located in section
15, Township 45 South, Range 43 East, Palm Beach County
(Figures 1 & 2) prepared in order to satisfy requirements for
a commercial real estate transaction.
1.1 Purpose of a Phase I Environmental Audit
A Phase I Environmental audit is a study, consisting
mainly of background research, to assess environmental
conditions of a site. It is based on information of
present and historical land uses of the subject property
(the Site) and research into off-site conditions which
could have a potential adverse impact on the Site.
Because the phase I Audit is only designed to assess the
probability of environmental impact, no sub-surface
explorations or soil and water sampling and analysis were
conducted.
1.2 Scope of Services
L Site Visit.
2. Title Search.
3. Review of site history including interviews with
former land owners or others familiar with the
property.
4. Review of historical aerial photographs.
5. Review of Agency Records.
6. Preparation of a Report.
2.0 Property Description and Adiacent ProPerty
The Site is an approximate five acre parcel located between
the Florida East Coast (FEe) Railroad tracks and N.E. 4th. St.
and between N.E. 20th and 22ndAve. in Boynton Beach, Florida.
It is bounded on the north by Boynton Animal Clinic, VFW Post
5335, and Northside Condo; on the east by the FEC tracks and
387-01.01
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~iGURE 2
EMPIRE
ENVIRON},-fENTAL. INC.
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us CIJAQRAi'KL:::
LAKE vVeRTH, FL:::,PIDA
n~l S. ;:''!derol Yiql"'''O:J Suite '2.1
Stuart. ;;oridO 3499-1
(J.07) 287-0529
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U.S. Hwy 1; on the south by a trailer park and three single
family residences; and on the west by N.E. 4th St., residences
and N.E. 20th Ave. Across the tracks and u.s. Hwy 1 are
Morey's Lounge and Water's Edge Condominium, and across N.E.
4th St. are residences.
2.1 Lel!aI Description
PARCEL 1 A PARCEL OF LAND IN SECTION 15, TOWNSHIP
45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 27 OF SAM BROWN
JR'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 1, PAGE 81, PUBLIC RECORDS OF PALM BEACH
COUNTY, THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT
27 A DISTANCE OF 34.90 FEET; THENCE SOUTHERLY, AT RIGHT
ANGLES TO THE NORTH LINE OF SAID LOT 27, A DISTANCE OF 75
FEET; THENCE EASTERLY, PARALLEL TO THE NORTH LINE OF SAID
LOT 27, A DISTANCE OF 25 FEET TO A POINT IN THE EAST LINE
OF SAID LOT 27; THENCE NORTHERLY, ALONG THE EAST LINE OF
SAID LOT 27, A DISTANCE OF 75.65 FEET TO THE POINT OF
BEGINNING.
LOT 10, SAM BROWN JR'S SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 81, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; IN SECTION 15,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, LESS THE EXISTI;NG RIGHT
OF WAY FOR STATE ROAD 5 AND LESS THE FOLLOWING PARCEL OF
LAND IN SAID LOT 10;
FROM THE SW CORNER OF SAID LOT 10, RUN EASTERLY ALONG THE
SOUTH LINE OF SAID LOT FOR 153.67 FEET; THENCE NORTHERLY
AT RIGHT ANGLES FOR 50.95 FEET; THENCE WESTERLY, PARALLEL
TO SAID SOUTH LINE OF 91.94 FEET TO A POINT IN THE WEST
LINE OF SAID LOT 10; THENCE SOUTHERLY ALONG SAID WEST
LINE FOR 59.36 FEET TO THE POINT OF BEGINNING.
AND LESS THE FOLLOWING PARCEL OF LAND WHICH LIES WITH 50
FEET WESTERLY OF AND WITHIN 44 FEET EASTERLY OF THE
BASELINE OF SURVEY ACCORDING TO THE RIGHT OF WAY MAP OF
SECTION 93010-2501, STATE ROAD 5, AS FILED IN THE OFFICE
OF THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY,
FLORIDA, IN ROAD PLAT BOOK 2, PAGE 237, A PART OF SAID
BASELINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF AND 274.86 FEET
SOUTH 89025'00" EAST OF THE SW CORNER OF SECTION 15,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, RUN NORTH 08012'00"
2
EAST, A DISTANCE OF 2625.64 FEET TO THE END OF THE
BASELINE HEREIN DESCRIBED AND A POINT ON THE EAST-WEST
1/4 SECTION LINE OF AND 885.78 FEET SOUTH 89013'55" EAST
OF THE WEST 1/4 CORNER OF SAID SECTION 15.
PARCEL 2 BEGINNING AT THE SOUTHEAST CORNER OF LOT
27 OF SAM BROWN JR'S SUBDIVISION, RUN WEST ALONG THE
SOUTH LINE OF SAID LOT 27, A DISTANCE OF 229.35 FEET TO
A POINT; THENCE NORTHERLY, A DISTANCE OF 201.4 FEET MORE
OR LESS TO A POINT IN THE NORTH LINE OF SAID LOT 27 WHICH
LIES 261. 16 FEET WEST OF, MEASURED ALONG SAID NORTH LINE,
THE NORTHEAST CORNER OF LOT 27; THENCE EAST ALONG THE
NORTH LINE OF LOT 27, A DISTANCE OF 226.26 FEET TO A
POINT 34.90 FEET WEST OF NORTHEAST CORNER OF LOT 27;
THENCE SOUTH AT RIGHT ANGLES TO THE NORTH LINE OF LOT 27,
A DISTANCE OF 75 FEET TO A POINT; THENCE EAST PARALLEL TO
THE NORTH LINE OF LOT 27, A DISTANCE OF 25 FEET TO A
POINT IN THE EAST LINE OF LOT 27; THENCE SOUTHERLY ALONG
THE EAST LINE OF LOT 27 TO A POINT OF BEGINNING.
PARCEL 3 LOT 28, SAM BROWN JR'S SUBDIVISION OF
BOYNTON BEACH, FLORIDA ACCORDING TO THE PLAT THEREOF ON
FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, IN
AND FOR PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT
BOOK 1, PAGE 81.
PARCEL 4 LOT 29, SAM BROWN JR'S SUBDIVISION OF
BOYNTON BEACH, FLORIDA ACCORDING TO THE PLAT THEREOF ON
FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, IN
AND FOR PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT
BOOK 1, PAGE 81.
3.0 PhYSical Features DC the Site
A site investigation was conducted on May 3, 1995. The Site is
undeveloped and consists of three separate lots (Figure 3).
The portion of Lot 27 is the southeast part of the Site. There
is a pile of trash and debris where M.E. 20th Ave. ends and
meets the Site. The debris consists of chairs, lamps, concrete
debris, plastic oil cans, paint cans, carpeting, tile and
discarded fencing. The rest of Lot 27 is undeveloped scrub
habitat with vegetation characterized by scrub oak with some
Brazilian pepper. There is a discarded suitcase within a small
copse of trees in the eastern part of the Site near the
railroad tracks. Along the south fence line was a pump house
in disrepair which contained a pressure tank and likely an~old
387_01.01
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FENCED AREA I
CONCRETE PAC
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PUMP HOUSE
DRAWN 3'1 \A? M
CHE:KE~ 9'(' ~ ::-
DATE 5/19,,'95
SC,\LE: . ~ - 100'
JOB NO
FIGURE 3
51 TE PLAN
DEGR.4F PROPERTY
BOYTON BEACH, FLORIDA
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EMPIRE
ENVIRONMENTAL. INC.
It11 S. F'ederol Hiqtl'Nay. Suite ;24
Stuart. rlorido 34994
(407) 2B7-0529
well. There were also what appeared to be remnants of a
driveway or a house foundation and ornamental plants which are
not native to Florida such as Shefflera, asparagus fern, and
ornamental cactus. The 1965 aerial photo shows a house which
had a driveway access across the tracks from u.s. Hwy 1.
I
Lots 28 and 29 are also scrub habitat with wooded vegetation
ranging from scattered to dense throughout the Site. The scrub
vegetation includes scrub oak, slash pine, sand pine, cabbage
palm and snake plant. Household trash was observed along the
south fence line of Lot 28 opposite the second of three houses
which border this portion of the site.
I
There was a junk pile in the northeast corner of the Site in
Lot 29 which contained lumber, a freezer, paint cans,
household trash, PVC pipe, carpeting, fluorescent bulbs, and
shelving. Further to the west was asphalt debris. The soil
around the paint cans, oil cans and other containers of
potentially hazardous compounds was inspected and showed no
evidence of staining nor had any unusual petroleum, solvent or
paint odor.
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4.0 U tillties
The Site is
utilities.
5.0 Soil
presently not being served by water and sewer
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According to the u.s. Soil Conservation Service Soil Survey
for Palm Beach County (1979), the soil on the Site consists of
St. Lucie sand, 0 to 8 percent slopes a nearly level to
sloping, excessively drained, deep sandy soil with a water
table below a depth of six feet. The surface layer is gray
sand about five inches thick. Below this is white sand that
extends to a depth of 80 inches or more. Permeability is very
rapid. The available water capacity, organic matter content
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387-01.01
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and natural fertility are low throughout. Natural vegetation
is sand pine, scrub oak, saw palmetto, rosemary, cacti,
reindeer moss, pineland three-awn and natalgrass.
Review of Historical Aerial PhotolZl"lluhs
A review of the aerial photographs from 1965, 1968, 1971,
1973, 1977, 1984, 1989, and 1993 indicates there was a house
on the southern part of the Site in 1965, but by 1968 it was
gone. The house was accessed from U. S. Hwy 1 across the
railroad tracks. After 1968, the Site was vacant with little
change in the physical appearance to the present time. The
general area was sparsely developed to the north with a large
cleared area north of N.E. 22nd Ave and a citrus grove beyond
that. The first structures were the veterinary clinic building
adjacent to the Site and several commercial buildings in the
divided portion o.f N.E. 22nd Ave. The building now occupied by
the Cumberland Farms convenience store at the southeast corner
of N.E. 22nd Ave. and N.E. 4th St. was constructed between
1968 and 1971. By 1984, the condo and the VFW hall directly
north of the Site and multifamily units in the formerly large
cleared area were constructed by 1984. Also by this time the
strip mall on the south side of 22nd Ave. had been
constructed, and the divided center of 22nd St. was limited to
parking and one commercial building. The citrus grove was
being residentially developed in 1989, and by 1993 all roads
and multi-family buildings had been finished. The houses and
trailer park south of the Site were present prior to 1965, and
the area along the water east of u.S. Hwy 1 was developed, as
well.
Site Historv
According to the Palm Beach County Property Appraisers Office,
the Site is owned by Kirsch Holding Company (Parcels 1 & 2)
and Irving B. & Clara Kirsch (Parcels 3 & 4). The Chain of
title is as follows:
5
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Parcel I (Lan!:er part of Lot 27)
I DATE INSTRUMENT GRANTOR GRANTEE
. June 14, 1949 WD James E. & Maurice H. & Wanda C.
Clara Howard Bradfield
. December 19, 1952 Lim. WD Maurice H. & Wanda Gardner F. & Wilma D.
D. Bradfield Allen
November 21, 1955 Lim. WD Gardner F. & Wilma Arthur K. Reading
. D. Allen
December 1,1961 WD Arthur K. & Edith S. Flying Cloud
I Reading Enterprises, Inc.
February 17,1969 Cert. of Title John B. Dunkle, Clerk Allstate Investment
. of Circuit Court Corporation of Florida
April 4, 1969 WD Allstate Investment Boynton Beach Inlet
Corporation of View, Inc.
. Florida
February 25, 1972 WD Boynton Beach Inlet Melvin M. & Vera M.
. View, Inc. Goldberg and Bernhart
R. Snyder
. August 18, 1977 WD Melvin M. & Vera M. KirschHoldingCompany
Goldberg and Iris
M. Snyder
. August 4, 1978 WD Stanley Kirsch RamblewoodAssociates,
Inc.
. Parcel 2 (Small comer of Lot 27)
June 14, 1949 WD James E. & Clara Mauriee H. & Wanda C.
. Howard Bradfield
June 1, 1954 SWD Maurice H. & Wanda C. Inna McGathen
. Bradfield
May 7, 1956 WD Inna McGathen Garrett N. & Wanda
. June Songer
May 19, 1958 Cert. of Title J. Alex Arnett, Clerk Inna McGathen
of Circuit Court (lnna McGathen vs
. Garrett M. Songer)
. 387-01.01 8
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February 27,1963 Article of Irma McGathen Elinor M. Beaudro
Agreement
July 29, 1970 WD Elinor M. Beaudro, Tr. Boynton BeCJJ:h Inlet
& William G. Beaudro View, Inc.
February 25, 1972 WD Boynton BeCJJ:h Inlet Melvin M. & Vera M.
View, Inc. Goldberg and Bernhart
R. Snytkr
August 18, 1977 WD Melvin M. & Vera M. lUrschHolding Company
Goldberg and Iris M.
Snyder
August 4,1978 WD Stanley Kirsch RamblewoodAssociates,
Inc.
Parcel 3 (Lot 28)
January 4, 1908 WD James M. Carroll Franlc W. Austin
February 25, 1952 QCD Virgil Jenkins, one of Iroing B. & Clara lUrsch
only 3 suroiving children
of Naomi Austin Flora,
deceased daughter of Frank
W. A1ulin and Alice Austin
& Seth Jenkins
February 25, 1952 QCD Laura Wise, daughter and Irving B. Clara Kirsch
heir allow of Franlc W.
Austin, deceased and Alice
Austin. deceased &
Maroin Wise
March 1, 1952 QCD Ludlle Williamson one of Iroing B. & Clara lUrsch
only 3 surviving children
of Naomi Austin Flora,
deceased daughter of Frank
W. Austin and Alice Austin
& Seth Jenkins
March 1, 1952 QCD Delbert Flora, one of Iroing B. & Clara lUrsch
only 3 surviving children
of Naomi Austin Flora,
deceased daughter of Frank
W. Austin and Alice Austin
& Seth Jenkins
381-01.01
7
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. March 6, 1952 QCD Charles A. Austin as I"'Jing B. & Clara Kirsch
Administrator of Frank
. W. Austin, deceased
and Alice Austin,
deceased
. Parcel 4 (Lot 29)
February 7, 1945 Murphy Deed State of Florida A Wachsman
October 9, 1945 WD A & Ann Wachsman w.e. & Claro L. Shepperd
October 21, 1947 WD W.C. & Clara L. Shepperd Dorothy Shepperd
September 30, 1957 WD Dorothy Shepperd Jooeph e. & Anna E.lJaJ1!s
July 10, 1959 WD Joseph C. & Anna E. Roger & Helen Nicholas
Bates
October 20, 1959 WD Roger & Helen Nicholas Charles & IrjaHynm,um
February 27, 1970 WD Charles & Irja Hynninen Irving B. & Clara P.
Kirsch
8.0 Adiacent and Nearbv Prooertv
The surrounding area is mostly residential. There is a condo-
minium complex to the north of the site along N.E. 4th St.,
and beyond that is a Cumberland Farms Convenience S1;-ore. There
were no fuel facilities associated with the convenience store.
North of the Site to the east was a veterinary clinic and a
VFW hall. There was an engine on the grounds of the veterinary
clinic, but there was no evidence that maintenance activities
of the engine had impacted the Site. Beyond the clinic and the
VFW hall was a small shopping center on the south side of
Gateway Blvd. (N.E. 22nd Ave.) which was occupied by a beauty
shop, a Dollar Store, a dog groomer, and a small food store.
Next to the strip center was Royal Coin Laundry which was
abandoned. The laundry advertised dry cleaning, but there were
no drums on the premises. It was likely a pick-up location.
According
Protection
to the Florida Department
(FDEP) Stationary Tanks Systems
of Environmental
Inventory Database,
387-01.01
8
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the following registered fuel facilities are within one-half
mile of the Site.
I
FACIUTY
FACIUTY J.D. NO.
DISTANCE FROM SITE
1000 ft.(NE)
I
Highway 124-8
2508 N. Federal Hwy
508514238
I
Texaco #24-021-1303
2360 N. Federal Hwy
508513840
500 ft.(NE)
I
V-Haul Center
1319 N. Federal Hwy
508514807
112 mi. (S)
I
There are three (3) 12,000 gallon underground gasoline tanks
and one ( 1) 8,000 gallon underground diesel tank at the
Highway station. Groundwater and soil contamination were
discovered in July 1988, and the facility is in the state of
Florida Reimbursement Program, a state-funded program to
assess and remediate petroleum contaminated sites.
I
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There are two (2) 10,000 gallon and one (1) 12,000 gallon
underground gasoline tanks and one (1) 550 gallon underground
waste oil tank at the Texaco station. Soil an~ groundwater
contamination were reported in August 1987, and the facility
is on the Reimbursement Program.
I
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Five underground gasoline tanks were removed from the U-Haul
facility in March 1994. No problems were reported.
I
According to the EPA ReRA Notifiers list, the following
facility which handles hazardous waste is within one-half mile
of the Site:
FACIUTY STATUS DISTANCE FROM SITE
.
I
,
Texw:o
2360 N. Federal Hwy
SQG
500 ft. (NE)
I
SQG - Small Quantity Generators
I
387-01.01
9
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10.0 Polychlorinated Biuhenvls
There was one transformer on a power pole on the south
property line in Lot 28. It was in good condition, and there
was no evidence of leaking or soil staining.
I
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9.0
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According to the EPA CERCLIS, WASTELAN and National Priorities
Lists, there are no Superfund or NPL sites within one mile of
the Site.
Soil and Water Samuline: and Analvsis
There is no record that sub-surface soil and groundwater on
the Site has ever been sampled and. analyzed for possible
contamination. Empire Environmental, Inc. did not feel
collection of soil and/or water samples and chemical analysis
were necessary in order to perform this evaluation for a
Phase I Environmental Audit.
.
11.0 Conclusions
1.
Present and past uses of the property have not resulted
in situations of environmental concern.
There is no evidence that the site has been impacted by
off-site sources.
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2.
12.0 Recommendations
The trash and debris should be removed from the Site.
.
13.0
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387-01.01
I
Limitations
Empire Environmental, Inc. has undertaken this assignment
using their best professional effort consistent with generally
accepted environmental assessment practices. Empire
Environmental, Inc. evaluated all information provided by
regulatory agencies, site personnel, and other knowledgeable
parties during this Phase I Environmental Assessment, but
makes no guarantees as to the accuracy or completeness of such
information. Additional data subsequently provided may alter
10
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any findings or conclusions made in the assessment report.
The findings presented in the report are based upon the site
conditions and information made available at the time of the
Phase I Environmental Assessment.
I
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d~(d:~
Andrew Feinstein
I
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387-01.01
11
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JOHN A. GRANT. JR.. INC.
CONSULTING ENGINEERS AND IIlNO SURVEYORS
:i~rnU\'!lm~i
.~ JAM 1.,. ,t!U
.3333 N. FE-OERA\. HlGHWA.Y
Boct.. RATON, FtDRDM 33431
PLANNING AND
ZONING DEPT.
January 23, 1996
CONSTRUCTION SURVL's'$
MORTGAGE SURVEYS
STRUCTURAl. DESIGN
SANITARY SEWERS
M....R1HAS
CONSTRUCTION SUPERVISION
BUl.KHEAO LINES
HIGHWAYS AHO BRIDGES
STORM ORAl NAGE
WATER SUPPLY
LAND DEVELOPMENT STUOIES
SUe01V1S10NS
rOPOGRAPHIC SURVEYS
BEACH EROSION
PHONE: (",07) 395--3333 FNt<C)7) 39&-33H$
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FI 33435
Attention: Tambri Heyden
RE:
PARK RIDGE
File NO. NWSP
Our Job No.
95-012
JG 100-7803
Dear Ms. Heyden:
In accordance with
transmitted herewith
referenced project.
Per our January 16, 1996, letter, the pro~osed development
will be a Condominium, and we have mod~fied all ~roject
documents accordingly. Also as you may recall, ~n our
initial discussions with the City of Boynton Beach, it was
agreed that we would submit the project for your review based
upon a 40' setback from both N.E. 4th Street and the FEC
Railroad to the units and a 20' setback from both the North
and South Property line to the units, with a minimum
separation of 15' between units ( a sketch Showing this was
sent to Mr. Lewicki).
your letter of January
~s our resubmittal of
2,
the
1996,
above
Included with our resubmittal are the following items:
1. Twelve (12) revised prints of the Plat.
2. Twelve (12) revised prints of the Site Plan.
3. Twelve (12) revised prints of the Master Plan.
4. Twelve (12) revised prints of the Survey.
5. Twelve (12) revised prints of the Grading, paving,
Drainage, Water and Sewer Plans.
6. Twelve (12) revised sets of the Landscape Plans.
7. Twelve (12) revised sets of the Architectural Plans.
8. One (1) copy of commitment letter from Southern Bell
and Florida Power and Light.
9. One (1) copy of document describing the existing 10'
wide utility easement in the southern portion of the
site.
10. One (1) co~y of each of the three proposed color schemes
for the bUlldings.
11. One (1) copy of each of the three proposed material
color schemes.
12. One (1) 11" x 32" architectural rendering of the
buildings.
Page 2
Letter to Tambri Heyden
RE: Park Ridge
Our response to Memorandum # 95-736 from Jerzy Lewicki of the
Planning and Zoning Department is as follows:
The survey doesn't show N.R. 20th Avenue east of
N.E. 4th Street because it is not platted.
Topographical elevations have been referenced in the
survey legend.
3. Information on the existing structures has been
added to the survey.
1.
2.
4. A note with regard to the use of proposed structures
has been added to the Site Plan.
5.
The location and
has been added.
sidewalk with the
number of parking spaces
We plan to discuss the
appropriate agencies.
provided
need for
6. The location of proposed signs has been added to the
Site Plan.
7. The location of proposed lighting has been added to
the Site Plan.
8. Architectural Plans have been revised to show height
of structures.
9. A colored elevation drawing is being provided with
this submittal.
10. Color samples of building materials are included
with this submittal.
11. Tabular summary of Site Plan has been revised to
provide the requested information.
12. The traffic study was previously submitted.
13. Ownership of streets and drainage area is shown on
the Site Plan.
Homeowners will be given
patio. They will also have
6' high wooden fence.
15. The 15'-0" dimension between buildings is typical
and this has been clarified on the Site Plan.
14.
the option of having a
the option of having a
16. Dimension of garage is provided on Architectural
Plan.
Page 3
Letter to Tambri Heyden
RE: Park Ridge
17. The existing 10' wide utility easement in the
southern portion of the site will be eliminated
during the platting process. (See enclosed document
that describes easement.)
18. All trees within utility easements will be
relocated, except the palm trees and shrubs.
19. Since the intention of the development is to be
similar to a t~ical single family community, no
visitor parking w~ll be provided.
20. The intent is to use different color schemes
throughout the development.
Our response to Memorandum # 95-583 from Kevin J. Hallahan,
Forester/Environmentalist is as follows:
1. A letter from the Florida Game and Fresh Water Fish
Commission stating there are no endangered/protected
species on the site will be submitted.
2. On the tree survey, several multiple trunked oaks
were identified with each trunk being an individual
tree. The tree relocation/removal plan identifies
each multi~le trunked oak tree as a single tree. The
quantity d~fference is nine, as noted in the
comment.
3. A Tree management plan to address the proper care of
trees in Item #2 is included with this submission.
Our response to Memorandum # 95-565 from John Wildner, Parks
Superintendent, is as follows:
The required recreation
family homes calculating
due at final platting.
2. The developer does not plan to apply for one-half
credit for private recreation.
fee based on the single
factor will be paid when
1.
Our response to Memorandum # 95-442 from Al Newbold. Deputy
Development Director, Buildings Department, is as follows:
It has been decided that the development will be
condominiums.
1. The floor plan has been submitted for evaluation.
Page 4
Letter to Tambri Heyden
RE: Park Ridge
2. The distance between buildings is being proposed to
be 15' minimum.
3. The required setbacks from the perimeter of the
boundary are indicated as well as the setbacks from
Park Ridge Circle.
4. Patio location is shown on the typical unit and on
all units on the site plan but Unlt 17. Pools will
not be constructed.
5. Sign details have been added.
Our response to Memorandum # 96-001 from
Utilities Director is as follows:
1. Utility easements are shown.
2. There will be no trees other than palm trees and
shrubs in utility easements.
Jack
Guidry,
3. Permits for water & sewer will be obtained from the
Palm Beach County Health Unit.
4.
The patio (Unit 17) adjacent the water main
side easement along the south side of the
has been eliminated.
in the
project
5. The City will be res~onsible for maintaining the
water line up to and lncluding the water meter. The
Condominium unit owner will be responsible for the
water service from the meter to the unit. The City
will be responsible for maintaining the sewer
lateral through the 6" diameter pipe adjacent the
edge of pavement. The Condominium unit owner will be
responsible for the lateral through the transition
from 6" to 4" diameter up to the unit.
6. The development will be condominiums. The minimum
distance between buildings will be 15'.
Our response to Memorandum #96-007 from William Hukill, City
Engineer, is as follows:
1. All documents will
comments.
be revised to reflect all
2. All plans will meet Cit~ code re9Uirements at time
of application for requlred permlts.
Page 5
Letter to Tambri Heyden
RE: Park Ridge
3. The Master Plan and the Plat will conform with all
codes, ordinances, rules and regulations including,
but not limited to the Boynton Beach Land
Development Regulations.
4. Master Plan has been revised to comply with
condominium requirements within R-3 zoning.
5. In compliance.
6. It is our understanding that sidewalks are not
required in multifamily develo~ments. We will
review this matter with Mr. Huk~ll to determine the
exact requirements or recommendations.
7. Swale and detention area slopes will be no less than
.003 feet per foot and no greater than 1 foot per 4
feet.
8. The pavement in the cuI de sac has a diameter of
86' which allows a proper turning radius for all
vehicles. The ingress-egress easement is one foot
from the pavement.
9. Street grade will be no greater than 2~ percent.
10. In compliance.
Electrical service will
accordance with Chapter 6,
Pages 6-16.
12. Approvals will be obtained from SFWMD and LWDD.
11.
be underground and
Article IV, Section
in
13,
We submit the above to you for your review and approval. If
you have any questions regarding same, please contact David
J. Holtzman at (407) 395-3333.
Very truly yours,
JOHN A.
cc: DeGraf, Inc.
JAG!DJH/la
Enclosures
Board of County Commission!
Ken L. Foster, Chairman
Burt Aaronson, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Mary McCarty
Maude Ford Lee
.:ounty Administrator
Robert Weisman
Department of Engineerin g
and Public Works
January 29, 1996
00
" I ,""'~
. i 1 '::'::;0
G')
liil
I' '
,I !,
/, '
L.f
~~rnOWill
Hs. Tambri Heyden, Director
Boynton Beach Planning and Zoning Department
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Fl 33425-0310
RE: PARK RIDGE
PLANNING AND
ZOHlNG DfPT.
Dear Ms. Heyden:
The Palm Beach Cpunty Traffic Division has reviewed the traffic impact study for
the project entitled Park Ridoe, pursuant to the Traffic Performance Standards
in Article 7.9 of the Palm Beach County land Development Code. The proposed
project will consist of 34 single-family residential dwell ing units. The project
will generate 340 daily trips. The build-out for the project is 1997.
The Traffic Division has determined that the project meets the requirements of
the Traffic Performance Standards of Palm Beach County. If you have any
questions regarding this determination, please contact me at 684-4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
~".... ']kJ2~
Dan Weisberg, P.E.
Senior Registered Civil Engineer
cc. William Hukill, P.E., Director
Boynton Beach Department of Development
File: TPS - Hun. - Traffic Study Review
g:\user\dweisber\wp50\tps\boyn59
"An Equol Opportunity. Affirmath'e Action Employer"
,,~
_~. -','a,r> "-Cy,.,'rJ!JCdOf}'
Box 21229 West rolm Booch, Florida 334l6-1229 (407) 684-4000
11 '. nn UN I U~R",~!_ 41:<7 E,BE, 2<\'1,l3 P .1:<3/1:<4
JUL-31-199E, ~ ~ _H I
"
UTh.s.. 1............... .t' wa.. p&'1Op...~d b:Y/" I
CJ.lly of Iloyntc:m B..~h. Florida ft-l,". U:44.aII 9'1 -03.,374
P.O. Box J1Q 17 '
8oynl:on _<:h. FL 33425 ORI i!!>7~6 fill 76 I
IPZOOP8l:ty Ilppl:a1un 1'....0.1 (Oil 2.:l77.!lll (Joe 7.3
,Ident1fi"at.l.on (I'olio) Nuob..",(s}, l.t 4.56 Pen {tr
I JOIiIIIl !KINRlE. CLtllY. - PB COUNTY. Fl.
MOIp'GAGE
,
"_ Glady. M. Ja"08. a stnJl:leo we1118Ji , t:he Mort.g4goZ"'8, $,.n
,c:onUderatlon ot eM.. p~inc.l.pa~ aurn speeiUed in tl'>e
;:p~Oll'tls!!lo;C'y note herelllt't4l.:z:: describedt re.eeiv9d from THE CITY
.IOF aoVt\:r'~'ON a;:ACH, the Mo.rt.9Ages, he&Gby on th~s l;ltb day
::of n.c:ellber " ~g....2iL, mo~t:.9s.94D t:.t!Io the
IMO~~9Bgee ~h@ real prop.~y in P4~Beach.Cou~ty. Florida.
d.eo.;-rLliiuild as ~ TllII r.:sn SO c!telt' of Lot to and th, We.t 35 ret!t
of t.ot 11, BJ.Hk 10. Town 1:1' 8Qiyn~ot\ ~b. P1Ct't14s,
t olIqcordtn& tD the Plat th-ereaf', ""'. r.calNl.d (n t/b.a
I olUce CJf th, Clli11l"k of tM Cfre:vit CQurt 1n P.11m. Beaeh
~ COWl'Cy, F1.ur148f Plait Book 1. P..... 23.
I'.S: QeC'u~s.t.y for t=.ho pC1~t1t. Qf: the pl:om1&Sory note of wh.ich
the followinq is a copy,
1L....2..,'1'7 il!.n ecynton Beach, P'loZ'lda
I Dated: tJc:cnlbel'!2.. 1990
;1
'rOR VAW8 RECEIVED Glad"" II. J"..... .
II~romlue to pay to th.. o>:<ler of TIlE CITY OJ> BOYNTON BIlM:H.
FLORID...... tbB sum of T1to 1"l1O\I$&nd Two Hunclr*d Sevent)'-Sev,.Q and 50/,100
OLLJlRS { $2...277.$0 ), w.1't.b .intll!l~elJt. at ~lte rate oLNO
I (0'-) percent. p.er Annum, 1J1. t.he te1lowing milnr"orf
jl The obl1gat.l.on assumed undel: th1s l'rollll.$sory Hote shall
i! b.. fO"'9;,ven ot "he rQ"" or l/120th p..r mont.h until
~ (o)':'glv8n 1n full tmn (10) y..r-. f"rQJl\ the date abOvli!'
;, Illentioned. For purpOses of fo:L"crivenesa of this 1"~n
the u,oune of 6181<'..0 ....d 98/100" Dollllrs
c,ha11 b~ fOorg..i.vel'l II!4!lQh mont:h on tne llbtJl (;lay, beqinning
.January 160 ,. lO-.!L. ~J.l!t P.l:OlIIl..-S.O.-y "ot;.e
. .il ;:o:;'~; g~~~~~~i:..~~~/~n f~~;Y ee~~t a~~eP:~~;" d;:~~i~~~
~ p.~perty is .old.
..
,.Th..l.5 note .ls n"90tI.4bl" and peYlIble o~ Soyn\:on Ileach.
',rlo.-I.d.., or at ....ell oeRer Place as the holder hereor may
;:d8G1anS'C.A in w~tt;s.ng, .and .:(.(.. default in payment. oceura I mD:Y
::be placed in th& hands of an attorney at law {.oJ;' Qollec'b.l0J"l.t
ii.n which event eh.. maker agrees to pay the cost ot
"001 le"t'\'on , .ll\clu<l1nq a reasonable attorney'g fee ""tliell
rs~e:ll !nc.ludG CtO~l::.s o'r'ld a.tto:.:neY.1!I rees on an appeal of' a.ny
j,l:t.t.lgat.ion Involve-d in anforcing t.J'I.1a: ob1,iqat.,l,On. All
:jr6ak:ers and endorsers now or ha:ro-after bec:om.inljjl' partie!:::
herlltto Jo!.ntly ond severa.11y wa,1.ve demand presantment,
I'101':;j..ge of" nonpaYf'I'le:nt and pt:oteet.
j
)c
(SEAL)
".~t.9ago:r:
II and agrGG'
,
I' 1. 'ro ....k.. ..11 P<lYJlGntos required by I:hGt nOl:e ..nd
\ t.his Wlortqa.9G promptly whOrl duoe 011:'" upon sale ot the
:-prop..rty.
11 J. To p"y aU taxe.., ........sSI1...nts. Hen.. and
n....cu..b"..n"e" on that propM:ty prompl:ly when due. If tl'>6y.
(616
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~ :;, ';A I '7 (p
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7)f~ -, J.... -
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, .I No,l '1';
of'" 1 Lf 'i ~
1) co. ,..- ~ (,0
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....26 ",
407 686 2~ P.04/04
7-1
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,
UNIVERSAL
JUL-31-1996 11:00
II
I
!,are no1:. prolT'.ptly paid, the Mortgage. may pay 1:.1..... without
1:W"lv.1ng 1:>><11 Opt1o' eo r"re~los., and 8uen (laym<lln1:s. "'"1:h
!;.tn~.:a:.lIilh _h.~.on lrom the d.t.* of pe)Wen4l. lib tl.he ..me a,"oi;:c:
"as !lIpecl'.1ea in that no'tolt, sna11 1I1!!1l0 be $ecvred ~.!' t.his
iil,o~tg"'ile .
;: .). ",fo courrn..l.l;:, perlnlt., or 5Urrer no waS1::.Q,. J.mp.a.1.l;."JlI;EUit,
:or dot~rLor~t~o~ of th& MO~t9agad propar~y.
:, 4. To pay all expenses reasonably incu..ed bv the
iMortgageG bocltuJlQI of failure of t.he MOZ't9a9o~8 to comply
1:W11;" the agreements In 1;n"1; note or tn1s mortlJ&g.., 1nelUdJ.n\J
!,reaSOnable ett.o.:ncy'~ :tees wh.t.crh e:hal1 .1noll:lcle cost:!' and
i:ettornay's feefl on an oDppeal of' any 11 t.1Q'atlon 1nvolvod 1n
,;enforo.tnq tlH.s obUgat.ion ~ The co.t thel:'@of, with interest
l:t.hereon from the data of" paymen~s at t.he sa.E\! rat.E! as
!!epee! ti""d in 1;ho.t m~t;.Ct sha11 ~ 180 be secured by t.h1z
i~Ort9iJ9e: ..
j: 5~ If any paym.ent provid(!d !OJ:' .!on thDt note Is not
:P41d. wj,thln fifeeen day. after it:. beCOme$ d\le, 01; if any
~.og;("C'OfIIl3"nt in ~hJ.~ "Q~t.'9'oCi.ge- ot-h.er t..'~n t:.h. a~,=c:~nt. tog mClk~
jltha DaymEmts is br~achod.. thQ ent.!:!"e unpaid principal
Ibehn<:e Or thllt note shell illuned1..tely be~ome due 8t. the
:'option of th" Mortgage..., and the Xg"tgagee mal' foreclose
.~hi~ "'K.u~'~9ags .in tone IIlDl1no-r p:a:-o'Yided by law, iIInd havr;, the
:mortQ'a9'sd propert.y sold to sat.iSlfy or apply on tho
indebtedne:sa hereby secured.
6. The 1:..nt. and profit... of the ..ort9"9ed property
I!lIrs tIolllio thereby :pIor.t.goged, and .it prcCQeCHngs ~o rorecl.ose
.ehi.c MO.rt9~9Q $hHl bQ .1nii:t.ltut;.oQ, thO' C'ouxt. havJ.r\g
'1urisdlct;lon hereof should "J)l)o1ne Q receiver of the
,mQrtl1"9'ed property, .nd apply those rents <Ind profits tQ the
1nC1eoeeaness nerebY ~Bcured,. regardless of t.he- solvency of
<tho Mortgagors QJ:' t.he QQoquocy ot t..hif: :!Ie:C'uJ:"1i:.y~
'I 1. To m.alnt.a.i.ll the pJ:'Q-pe%ty 1n compl18:n.c~ w.:i.t.h ~it:.y
podeli.
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1~'l'ATE 0" FLORIDA
ICOUN'!"Y 01" PI\LM StAClI
jj i' hv.etJy certuy 't.h.Qc on cn1s day, before me" a Nct.Dry
I;Publi.~ 4Uly aut.horhod in the sta~e lAnd county named 4bQvl:;
~ t.o t.a.ke aCJtnQwledQ'lIlents, personally ae>pearod GJo1d:Vil H. JalltelE
I! to me known t.Q b the persons
:<1,u".11>",d as MOrt.q~9QrS J.n ana Who executed the foreqolng
Imor-t.g4g'iIQ',. .and aoknQwlvdged betoz:C' nC" 't.hat:. I!ulid. piiC'r:lon:s
IGX.VCl1't.S!d t.hat mort'1og~ ~
~ Witn8ss my hallCl and officilll seal 11\ the qDunty and
ta t.e named above tnlS I Z th day Of" Decomber . ...~.
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'YJR"~'f LOcFrf!otJ Loc-AT/ON SKETC.H
IV. T. S
" LL I-A
-
'PARCBL .1
A parcel of land in Section 15, Town.hip 45 South, Range 43 B.st,-
Palm Beach County, Florida, more particularly described as tollows'
Beginning at the Northeast corner of Lot 27 of S~ BROWN JR'S
,SUBDIVISION, according to the plat thereof recorded in Pla~ Book 1,
page 81, Public'Records of Palm Beach County, Thence Westerly alonq
the North line of said Lot 27, a distance Ot 34.90 feetl thence
Southerly, at right angles to the North l1ne of said Lot 27, .
distance of 75 feetl thence Basterly, parallel to the North line of
said Lot 27, a distance of 2S feet to a point in the East line of
said Lot 27; thence Northerly, along the Bast line of said Lot 27,
a distance of 75.65 feet to the point of beqinning.
AND
"
.
Beginning at the Southeast corner of Lot 27 of SAM BROWN JR'S
SUBDIVISION, run West along the South line of said Lot 27, a
distance of 229.35 feet to a point; thence Northerly, a distance of
201.4 feet more or less to a point in the North line of said Lot 27
which lies 261.16 feet West of, measured along said North line, the
Northeast corner of Lot 27; thence East along the North line of Lot
27, a distance of 226.26 feet to a point 34.90 feet West of
Northeast corner of Lot 27; thence South at right angle. to the
North line of Lot 27, a distance of 75 feet to a point; thence Bast
parallel to the North line of Lot 27; a distance of 25 feet to .
point in the Bast line of Lot 27, thence Southerly along the Bast
line of Lot 27 to a point of beginning.
1\ ;: ;-b
PARCEL 2
Lot 28 of SAM BROWN JR'S SUBDIVISION, according to the Plat thereof
recorded in plat Book 1, page 81, Public Records of Palm Beach
County.
PARCEL 3
Lot 29 of SAM BROWN JR'S SUBDIVlS!ON, according to the Plat th.reof
recorded in Plat Book 1, pag. 81, Public Records of Palm ~each
County~ . .'
. No title opi~ion or ab.t:ra9t
ba'-.Men 'provided. No
."N of the pub~Cl,.eGocd.,
ba. \e.D UCla, by:tb.$un-,yoJ:. .
'l'hua ..y. M d.eda, .......ta,
or otbar In.truaent., .
.ith'~J:ecoJ:d.d or'unrecorded,
whie~ ..y affect the. aubject
prop4rty.
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.J,v,.1"R,//C .'F FENas Nor O[TER,
EAST RIDGE
Justification Statement
To Rezone From R-) to P.U.D.
We propose to develop 34 Single Family Units on the subject
property.
Conveyance will be fee simple of the units only with all
remaining property to be owned and maintained by the H.C.A.
The Record Plat will indicate the unit footprint together
with easements for ingress/egress, utilities and drainage.
Development of the subject property under the current R-)
zoning as outlined above is not allowed.
We propose to rezone the subject property to P.U.D. based
upon the following:
The subject property is under unified control, and will be
planned and developed in one phase, with unit construction related
to the sales program.
A buffer treatment adjacent the boundary of EAST RIDGE will
consist of a hedge as indicated on the landscape plan and a chain
link fence as shown on the master plan. Additional plantings will
be located adjacent HE 4th Street and throughout the P.U.D. as
indicated on the landscape plan.
The sanitary sewer system will consist of a series of
manholes, 8" gravity pipe and 6" sewer laterals to provide service
to the units. The 6" sewer laterals will terminate outside of the
roadway. This portion of the sanitary sewer system will be owned
and maintained by the City after all applicable governmental
approvals.
The balance of the sanitary sewer system will consist of 4"
sewer lateral, connected to the "City 6" sewer lateral" and run t()
the unit. This portion of the sanitary sewer system will be owned
and maintained by the unit owner.
The water distribution system will consist of a series of 8"
watermain, fire hydrants, gate valves, fittings and water
services. The water services will terminate at the proposed meter
location. This portion of the water distribution system will be
owned and maintained by the City after all applicable governmental
approvals.
The balance of the water distribution system will consist of
a water service connected to the "City Water Meter and Service"
and run to the unit. This portion of the water distribution system
will be owned and maintained by the unit owner.
The physical character of the site will be maintained with
respect to grade as indicated on our Grading-Paving-Drainage Plan.
The drainage system will be owned and maintained by the
H.O.A. and is designed to the specifications of the City and the
S.F.W.M.D. All applicable governmental approvals and permits will
be obtained in proper sequence.
The roadway will be private and will be owned and maintained
by the H.O.A. All applicable City approvals and permits will be
obtained in proper sequence.
The cost of construction as outlined above will be borne by
the developer of the subject property.