APPLICATION
..
..
~
PROJECT NAME. QUANTUM BUSINESS PARK
LOCATION' southwest corner of Quantum Lane & High Ridge Road
COMPUTER ID- Quantum Business Park\NWSP
PERMIT #. 98-3772
I FILE NO. NWSP 98-018 II TYPE OF APPLICATION new site plan I
AGENT/CONTACT PERSON OWNER/APPLICANT
Graham Ernest-Jones, P.E., President Boynton Industrial Realty Corp., c/o
Rhon Ernest-Jones Consulting Trammel Crow Co.
Engineers,Inc. PHONE 561-394-3388
-
PHONE 954-344-9655 '\ FAX. 561-394-4414
FAX. 954-341-5961 ADDRESS 1515 S. Fed. Hwy
ADDRESS 2900 University Drive Ste. 113
Coral Springs, FL 33065 Boca Raton, FL 33432
Date of submittal/Projected meetin~ dates.
SUBMITTAL / RESUBMITT AL 10/6/98
1ST REVIEW COMMENTS DUE 10/21/98
PUBLIC NOTICE
TRC MEETING 11/17/98
PROJECTED RESUBMITTAL DATE 11/17/98
ACTUAL RESUBMITTAL DATE
2ND REVIEW COMMENTS DUE
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS)
PLANNING & DEVELOPMENT BOARD 12/8/98
MEETING
CITY COMMISSION MEETING 12/15/98
COMMENTS
S:\FORMS\PROJECT TRACKING INFO
C. {OF BOYNTON BEACH, FLORIDA!
PLANNING & ZONING DIVISION
SITE PLAN REVIEW APPLICATION
FOR
NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE
Application Acceptance Date /~~hF
,
Fee paid:~5t?O (}O Receipt Number' 1/~3.3
This application must be filled out completely, accurately and submitted as an original to the Planning and Zoning
Department. TWELVE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED sets of plans
including a recent survey and appropriate fee shall be submitted with the application for the initial process of the
Site Plan Review procedure AN INCOMPLETE SUBMITTAL WILL NOT BE PROCESSED
Please print legibly (in ink) or type all information.
GENERAL INFORMATION
1 Project Name OP'NN'7U11'7 ,$UJ'/IIIFJ'J' 4~
2 Applicant's name (person or business entity in whose name this application is made)
'&YNnN INIJU/7&'.IL kAttj UV/' tJ 7iw,."IV/EZL CJUItI ~M///lN/
Address /17;- 5'. ffdEAUL JlUY. - .f///7E //~ .t!PC"f Il,lll/AI, R- JJ'IJL.
(Zip Code)
Phone 5"1/- .! f/f - JJ~J Fax: ,,~/- if/! - ~1//'1
3 Agent's Name (person, if any, representing applicant) Il/lPN rJEWE Jr -lH..vE.f I! E
~~t'blt.,..rr; e/-ltrtJ~T. J'~ 6rN$"ve-rc","", ~~//~.
Address. 2!#P VN/1/E/lf/7j 1J,(!,/vE
(PM!' rf/l/l/A/?S FL J.JIM.r
, (Zip Code)
Phone ?.r/l- 1'1,(- f~sr Fax: 15'"1'- ./1//- 5-r~/
4 Property Owner's (or Trustee's) Name fAN/E ~.r ill'/JL./C,I,vT
Address
(Zip Code)
Phone
Fax:
5 Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute
is specified below'*
*This is the one address to which all agendas, letters and other materials will be mailed
6 What is applicant's interest in the premises affected? (owner, buyer, lessee builder, developer,
contract purchaser, etc.)
IJEVELI)~E/t;
7 Street address or loc:-~')n of site SHe Or ttp,fN~ L/l,vE "./V~
~~H A/tJt:E ..//AIJ,) ~o YN70/I/ /1':;11(,/// Pi- ..
t'07.IA} 11-4 " 70 ~z.
8 Property Control #. /)8 - 'I!- 'IS" -If; - JJ - goo. dll(lp'~l./Pb f~ /1 loo /OlZ ()
Legal description of site "FE .177JfC#Er/) - 1::-")(#/d/7' A' I
9
Intended use(s) of site
/yI-PA...F# ov./E /P.-9'l cr
/
10
Developer or Builder'
rr"~E /I.)' A/J//L./C'#I'/T
11 Architect: /lFrzJ'~H LAA/IIP C.-I/CE,/}I);/,( C///7ECTS
12 Landscape Architect: .I AMtJIV' i;e;vG:.('7 -r7lJ'V'G"J ClJIVJ<<"UN? IiNC/IlI6-?1t,{' /A./f'.
13 Site Planner" bdM EieNE.fT-.TIA/,,?! UNJt/?7Nv'6-tTY~/II/~~s, /AlC. '
14 Engineer' ,fmA/ F/lNE'f7 -7~NbJ CtJI'/I'UL7)N'(;-/;--W~/AI&1;,e..s, /Nt'.
15 Surveyor' Ml)a. /(J;/lS AN/) A.rJ'4C/"7E~" /A/t',
16 Traffic Engineer' ' - '
17 Has a site plan been previously approved by the City Commission for this property? NI)
18 Estimated construction costs of proposed improvements shown on this site plan. J' ~ I)IJ~AAd ~
II SITE DATA
The following information must be filled out below and must appear, where applicable, on all copies of the site
plan
1 Land Use Cateaory shown in the Comprehensive Plan PI
2. Zonina District /J.7 LJ
3 Area of Site ~- /6. ~" acres 7z~ 3o~ sq ft.
4 Land Use -- Acreaqe Breakdown
a Residential, including () acres () % of site
surrounding lot area
of grounds
b Recreation Areas * 0 acres () % of site
(excluding water area)
c. Water Area 0 acres 0 % of site
d Commercial () acres 0 % of site
e Industrial /6. 11"1 acres /P() % of site
f Public/Institutional () acres 0 % of site
g Public, Private and ()
Canal rights-of-way acres 0 % of site
h Other (specify) 0 acres 0 % of site
Planning and Zoning Department - Rev 3/18/97
I\CHIMAINISHROA T A IPLANNINGISHAREOIWP\FORMSIAPPSINWSP\SITEPLAN WPO
Other (specify)
I)
acres
~
% of site
Total area of site /I ;rJ? acres / P () % of site
* including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft.
by 50 ft.
5 Surface Cover
a Ground floor building 6 Q 18 acres J h. 8 % of site
area ("building footprint")
b
Water area
o acres
()
% of site
c. Other impervious areas, including paved area of public & private streets paved area of parking
lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic courts
7 () fF" acres 42. 8 % of site
d Total impervious area l.J.dtJacres 71 1 % of site
e Landscaped area I. ,/n l.acres IS- % of site
inside of parking lots (20 sq ft. per interior parking space required - see Sec. 7 5-35(g) of
Landscape Code)
Other landscaped areas,! '~t/acres II I % of site
f
g
Other pervious areas including golf course, natural areas yards, and swales, but excluding
water areas () acres () % of site
h Total pervious areas J 3" acres 20 3 % of site
Total area of site /, 5J! acres /67 0 % of site
6 Floor Area
.7
Nurllber of Residential Dwellil.,., Units
a.
b
c.
(1 )
(2)
(3)
(4)
d
Duplex
Single-family detached
\
sq ft.
sq ft.
Multi-Family (3
Efficiency
1 Bedroo
2 Bedr. om
3+ droom
attached dwelling units)
dwelling units
dwelling units
dwelling units
dwelling units
Total number of dwelling units
9
Maximum heioht of structures on site
Required off-street parkinQ
a Calculation of required b
number of off-street
parking spaces
LJ
~ff/CE 5'J/Z'@ ~fI()
= /77 S,d
10
J..//I/lE/I~f/tfE LIZ '9'1@ ~(JO
== 2. ~ 7 S/J
~T4L:= 4f9
-
dwelling units
feet
stories
Off-street parking spaces
provided on site plan
'172-
Planning and Zoning Department - Rev 3/18/97
\\CH\MAIN\SHRDA T A \PLANNING\SHAREo\WP\FORMSIAPPS\NWSP\SITEPLAN WPD
09/18/98 10 52 FAX 561 394 4414
9543415961 ~~ ~RNEST-JONES
TRAMMELL CROll'
~ 008/011
ec '36/09 SEP 89 98 15 49
Il~
CERTIFICATION
IV
(I) (yVe) understand that this application and all papers and plans submitted herewith become a
part of the permanent records of the Planning and Zoning Department (I) 0Ne) hereby certify that
the above statements and any statements or show:ngs 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
~ 45. u-4
Signature of Owner(s) or Trus:ee, of
Authorized Principal if property is owned by
a corp;vation or other business en:ity , A 1.-. &J-.y ~r~
LJo y -r J.-.,. /It t:{ " 5 f r "Q.I , I .....- r
AUTHORlZAT10l'fOF AGENT
~e~,~ 'f/~/1~
Signature of Authorized Agent ~III ~NF.rT - ~NE.$/,f}.E Date' ,
,6,,~ r b -un; R'Hn./~Ir- '7'~ ~$~t/T,,,J, ~'~IIM:.
(I) fNe) hereby designate the above signed person as (my) (our) authorized agent in regard to this
app'~6~d
Signature of Owner(s) or Trustee,
cr Authorized Principal if property is owned
by a csrporation or other busjl)es~ entity ~ C. L ~ r ~
d-=>o Y.... ?O... 1"1.e;;f.rit-r,~d..L ~ ~7 ~
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
ZI
Date
~I-~
21 Sri ~e
Date
Review Schedule
Date Received
Technical Review Committee
Planning & Development Board
Community Appearan:::e Board
City Commission
Date
Date _
Date
Date
Stipulations of Final Approval:
Other Government Agencies/Persons to be contacted;
Addit:onal Remarks'
Planning and Zoning Department - Rev 3/18197
I\CHIMA INISHROA "A\Pl.)l.NNI N GIS HA Fl EOIV\lPIFO RMSIAP P SINWSPISI TEPLAN WP 0
SEP 18 1998 10 58
561 394 4414
PAGE 08
09/18/98 10 52 F.~\ 561 394 4414
954341596l RHr" ~R"IEST-JCll'-lES
TRA~IMELL CROW
III 009/011
09 ~07/09 SEP 09 '3a 15 49
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Ap~rQval does hereby acknowledge represent and agree that
all plans, specifications, drawings, engineering, and other data submitted with this application for review by the
City of Boynfon Beach shall be revIewed by the various boards commisSions, !;taff personnel and other parties
designated. appointed or employed by the City of Boynton Beach, and any such party reviewing the same sha11
rely upon the accuracy thereof, and any change in any item submitted shall be deerr.ed material and substantIal.
The undersigned hereby agrees that all plans, specifications drawings, engineering and other data which
may be approved by the City of Boynton Beach, or its boards, commissions staff or designees shall be
constructed in strict compliance with the form in which they are approved and any change to the same shall be
deemed material and shall place the applicant in violation of this application and all approvals and permits which
may be granted
The appUcant agrees to allow the City of Boynton Beach all rlghts and remedies as provided for by the
applicable codes and ordinances of the CIty of Boynton Beach to bring any violation into compliance, and the
applicant shall indemnify reImburse and save the City of Boynton Beach harmless from any cost expense claiM.
liability or an c' n which may arise due to their enforcement at the same
NOWLEDGEDANDAGREEDTOlhis 7~ -:::x~~ ,19~
Witnes Ap . ant
Witness
Planning and Zonmg Department Rev 3/18/97
I\CHWAI NIS HR DA T AIPLA NN I NGISHAR E O\WPIFO RMS\APPSINWSPIS IT EP LAN. WP 0
SEP 18 1998 10 58
561 334 4414
PAGE 09
EXHIBIT A
LEGAL DESCRIPTION OF SITE. A PARCEL OF LAND SITUATED IN
SECTION 16, 17,20 AND 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS
THE NORTH 25 FEET OF LOT 57, ACCORDING TO THE PLAT OF QUANTUM
PARK AT BOYNTON BEACH PI D, PLAT NO 5, AS RECORDED IN PLAT
BOOK 57, PAGES 189 THROUGH 190, AND LOTS 68-A, 68-B, 69, 70 AND 72
ACCORDING TO THE PLAT OF QUANTUM PARK AT BOYNTON BEACH PI D ,
PLAT NO 9, AS RECORDED IN PLAT BOOK 60, PAGES 32 THROUGH 33, ALL
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING 721,308 SQUARE FEET, OR 16.56 ACRES, MORE OR LESS
JUL-27-01 FRI 08 40 AM
FAX NO.
P 02
THEODORE J KLEIN
AiTOR/iF..V AT LM.
88 N E. 1 68TH STREEr
NOR':' MIAY. BF.ACI< FloR:DA 33162
l' :ONE: (305) 770-0370 FA-X (305) i70.()71 0
.July ?I, 200l
VIA TELECOPIER TO (561)742-6259
LUfia Galnv, AICP
~r ncjpal F~.anner
City of ~cYltan Buadl
lea F:ast. BCinton Bca__h iLvd
Bo./rtLOr Beac"", l:o~=- 33425
RE LOTS 68-A, 68-B, 69, 70 and 72
QUANTUM PARK AT BOYNTON BEACH
f..J..JL.... P~~O. 9{ TH~..2~~TY ~
Df:>'lr. t.rs Ga la'l
Fi€:3%:: 5_gn your adl.8h'J.~::dg!r.(.nL bel""" con-Fl.rr..ing that if: there
..'5 <:-;, um.ty of lit..L(; ::-oquireHien~ that trG Realty ~s Sl.l.ojcct to, any
rioC;t1mer t~" evidencing t.ne rcqLl...t"er;,er't can DC IT.odified to be
c nsistA~t wi.th lhe Unity of TiLle in the f~rm annexed hereto as
J;;x~,,-Q.L~2:
Very tr~~y }ou=s,
/J}~-'--"
L/
The~d~re J Flein,
Att.,rney at Law
:.. c' .....S"l.. C
~~~fir~ed and agreed to
C tl o,~_ 50br Beach
B' -'~ ~J(i,/
~~ ---'-
Lwsia Galav, AICP
Principal Pla~rer
\\vnri.i.\\wp\DA:~Y\J/2t (l wpc.
JUL-27-01 FRI 08 41 AM
FAX NO.
P 03
TH!S INS1RUMP.NT WAS PREPARED BY
Thcod::'1]'e.J Kl ein, Esq
85 N E 168 Street
No!'th Miami. Beach, FIol"ide:. 33162
( 3 C 5 ) "/7 0 - C 1 7 0
HECO:(D I~T\JD RETURN '1'0
y~
~ ~\-.~'
Tbeodc)re JO Kle~n, Fsq
sa N C 166 Street
North M~aMi Beach, Florida 33162
y:NITL.9.L'l;'I ~J&
1'hio Unity of Title i~ exccu:...ed as of this day
of ._' 20__, by ___
___0_______ (her€linaftcr l:'efcrred to as nCwnerll)
ItHTNSSSETH
WHEREl~.3 I Ovr1er is che owner of the l~nd legally deBcribed (:lS
Lot.s 66-A, 68-B, 691 70 a~1d 72, QUA1.JTVM PARK A'l' BOYNTON
nEACH, P I 0 PLA? NO 9, accordi.ng to the Plat thereof
en file ~n the Off1ca of the Clerk of the Circuit Court
in an:! for ?alm Beach Cnunty, Florida recorded in Plat
Book 50, Page 32
(hcY.ein~-.f:tc:r t.he ":"and"), arKl
t-1EEREAS, the Lund has bee:'l approved w..;. th four wureho'l.ls~
difltribut ior fa::~l ity b'~,ild.itlg~ thc:.'\t were constructed in accordance
with one or i'1cre 8....te plan2 C\r-pr.oved hy the Cit.y of Boynton Beach
NO^, l'HFREFORE, Owner declares tha,: the Land sha...l be held
st~ject to the fol....ow....ng
1 The above rec.:.tals are true and correct <:lnd are
H'.corpoJ.";Jted herein by ::cEcr.enc<~
2 r::x::::ept as is otherwi.gc.' expressly provi.c.ed for herein to the
co,trary, the Land shall be considEred as one plot and parcel of
l,:u'ld, c:nc: no pc:::oL_on or said pIol: Clnd parcel of land shall be sold,
:.ranofcr:r::.d, devi;:~ed or assigned ~epl".::atcly, except in its cn~irety
,,"u cne plot or: parcel. of land Notv/itnstClnd:.ng any ~hing to the
contrary prov~ded herein, thQ foregoing shall net
C', ResLlt in a prchjbiticn against a par", and r.o~ all
of the Land !leing mortgaged to one lender, nor oha.ll the fo~egoing
UI ity of: t_tle requircrr.ent result in a pror'1.bitiot'" agai'1st such
Ir\Cirt.g"ge 1-101de~ forec.losi.q on i ~s l\8!'tgage in~eres:. or accepting
JUL-27-01 FRI 08 41 AM
FAX NO.
P 04
a deed in J.iou of forcc:;'osure or. from eclli'1g the mortgaged land at
a f....,rcclof:lllre s(:tle and upon the mortgage lender or its successors
and asoigl1f.l succeeding to the Owner's in\..erest in the Land, this
irwt:nuncnr. shall, effective as of sllch date and continuil:g forever I
lClpfJ€: and shall not be bl.r:d~ng upon or be a covenant upon such
portion of the Land
b Result in a prohibition ag:'i_nst a part, and not <111
of the I.und being sold if, after such sale the portion of the Land
t.hat haD bee:! sold and the rerr.aining Land are each separately in
compliance with all applicable set back and zoning code ordinances
(or if e;:wernent~ or oth".:'r l~.ccnce agreements are in effect that
wOI.:J.d ~efJult: in compliance) and.J.f ull of the L::md is subject to
and ~J.:.~i1e[itted by a declarution of covenanc for: crOSE; <1CCCSS giving
all of the Land th:l benefit of access to the Land's roadways and
parking areas
3 'l'his inc':.n.ment (nay not bo modified, <:trnended, released or
te]':rr.-,-n~ted except by wri ct<:>n J.nst:rurnent executed by the then
cwner(s) of the Land an~ con::\ented to by (i) any holder of a
mcrtgnge encu\":tbcrirg a:1Y part of the Land and (i1) the City of
BvynLon Beach, }'lorida, acting thrcugh the admi:rl1stra~ive head of
tho Boy:!tOl1 Bea::h Department o,t Development and ra:ified by the
Ci ty Comnussion
IN WITNESS WHEREOF, the und:=rsigned OIlJner has executed ::his
instrument as o~ the nay and year. first above w..citten
a Fior{Ja-_
2100 par.k Central Bo~~evard N
Suite 900
Pomp~no Beach, Florida 33064
Wi tnes!:;es
._-~_._-_..
pr i at n,";i lie
--"'--'"'
Print name
BY
pri.nt )fl,~.e __.
-".-_.~"--'---
pz'int name
BY
-2-
THEODORE J KLEIN
ATTORNEY AT LAW
88 N E. 168TH STREET
NORTH MIAMI BEACH FLoRIDA 33162
PHONE (305) 770-0370
FAX (305) 770-0710
July 19, 2001
VIA FEDERAL EXPRESS (Priority Delivery)
Tracking No 826761436266
L 20? j
1 i-/ I
1
IG ~ D
~:'T
Michael Rumpf
Director, Department of Development
City of Boynton Beach
100 East Boynton Beach Blvd
Boynton Beach, FL 33425
RE LOTS 68-A, 68-B, 69, 70 and 72
QUANTUM PARK AT BOYNTON BEACH
PoloDo PLAT NOo 9 (THE "REALTY")
Dear Mr Rumpf
As a follow up to a telephone conference that you had with
Joni Brinkman, Premier Asset Management, Inc and assigns is the
contract purchaser of the Realty The Realty is comprised of land
improved with four buildings To my knowledge, there is no
recorded document of record imposing a unity of title requirement,
nonetheless, in discussion between our Lender's appraiser and your
office, it was mentioned that there may be a unity of title
requirement
Financing for our purchase of the Realty will be pursuant to
an acquisition loan which will be secured by a mortgage encumbering
all of the Realty The acquisition financing is being underwritten
on the basis that as a building is fully leased, we would then re-
finance that building with a permanent financing lender and use the
proceeds to pay down the acquisition loan A true unity of title
requirement would prevent permanent financing until the entire four
building project is fully leased and therefore, our acquisition
lender requires assurances that this would not be the case
As you know, we are also the owners of Premier Gateway Center
at Quantum, which is a planned three building project of which
Michael Rumpf
July 19, 2001
Page 2
Building One is currently under construction I am enclosing a
copy of the Unity of Title document and the Declaration of
Covenants and Restrictions for Premier Gateway Center at Quantum
which were each executed and recorded in satisfaction of the City's
unity of title/unity of control requirements The recorded Unity
of Title document provides, in paragraph 2, the exceptions
necessary to address the concerns a lender would have and the
Declaration imposes unity of control on the project, particularly
as to shared parking and common access
If you would be so kind, please immediately provide me with a
letter confirming that if there is a unity of title requirement
that the Realty is subj ect to, any documents evidencing the
requirement can be modified to be consistent with the enclosed
documents Time really is very critical and therefore a prompt
response is requested
Thank you in advance for your cooperation in this matter
Very truly yours,
Th J Klein,
Attorney at Law
Enclosure
Sherry Stanley, Esq
Manuel Fernandez, Esq
JA/ES/IS
TR/BM
Joni Brinkman
D \WP\DAILY\0719 1 wpd
cc enc
cc
(Via Facsimile)
THEODORE J KLEIN' ATTORNEY AT LAW' 88 N.E. 168TH STREET' NORTH MIAMI BEACH, FL 33162 . PHONE. (305) 770-0370 · FAX: (305) 770-0710
Hoy-17-2090 01 53p. 00-440994
ORB 1 2 1 -4 1 Pg 1 221
11011111111111111111111111 01111111111111111111111
THIS INSTRUMENT WAS PREPARED BY
Theodore J Klein, Esq
88 N E 168 Street
North Miami Beach, Florida 33162
(305) 770-0370
- -----------. ._--~
Theodore J Klein, Esq
88 N E 168 Street
North Miami Beach, Florida 33162
I
)
__> 1-,!
! .
ii,
20~ :G,
----1 \
f" r' G 0 j'
~;lI'T
RECORD AND RETURN TO
I
L_
UNITY OF TITLE
This Unity of Title is executed as of this i >- day
of 1I\~-f'(..fT\."-' ,2000, by GATEWAY BUSINESS PARK L C , a Florida
limited liability company (hereinafter referred to as "Owner")
WITNESSETH
WHEREAS, Owner is the owner of the land legally described as
Lots 32, 33, 34A, 34B, 35, 36, 37 and 38, QUANTUM PARK AT
BOYNTON BEACH, P I D PLAT NO 3, according to the Plat
thereof on file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida recorded in
plat Book 60, Page 29
(hereinafter the "Land"); and
WHEREAS, Owner believes that it may construct buildings on the
Land and in connection therewith, Owner will be applying for and
requesting that the City of Boynton Beach issue building permit(s)
for the construction of such buildings, and
~ffiEREAS, O\~er has been advised that the City of Boynton Beach
may impose a unity of title requirement as a condition of issuing
such building permit(s)
NOW THEREFORE, Owner declares that the Land shall be held
subject to the following
1 The above recitals are true and correct and are
incorporated herein by reference
2 Except as is otherwise expressly provided for herein to the
contrary, the Land shall be considered as one plot and parcel of
land, and no portion of said plot and parcel of land shall be sold,
transferred, devised or assigned separately, except in its entirety
as one plot or parcel of land Notwithstanding anything to the
contrary provided herein, the foregoing shall not
--'
OF.B 1 2: 1. 4 1. P 9 1. 2: 2: 2:
a Result in a prohibition against a partt and not all
of the Land being mortgaged to one lendert nor shall the foregoing
unity of title requirement result in a prohibition against such
mortgage holder foreclosing on its mortgage interest or accepting
a deed in lieu of foreclosure or from selling the mortgaged land at
a foreclosure sale and upon the mortgage lender or its successors
and assigns succeeding to the Owner's interest in the Landt this
instrument shallt effective as of such date and continuing forevert
lapse and shall not be bindlng upon or be a covenant upon such
portion of the Land
b Result in a prohibition against a partt and not all
of the Land being sold ift after such sale the portion of the Land
that has been sold and the remaining Land are each separately in
compliance with all applicable set back and zoning code ordinances
(or if easements or other licence agreements are in effect that
would result in compliance) and if all of the Land is subject to
and benefitted by a declaration of covenant for cross access giving
all of the Land the benefit of access to the Land's roadways and
parking areas
3 This instrument may not be modifiedt amendedt released or
terminated except by written instrument executed by the then
owner (s) of the Land and consented to by (i) any holder of a
mortgage encumbering any part of the Land and (ii) the City of
Boynton Beacht Floridat acting through the administrative head of
the Boynton Beach Department of Development and ratified by the
City Commission
IN WITNESS WHEREOFt Gateway Business Park L C has executed
this instrument as of the day and year first above written
GATEWAY BUSINESS PARK L C t
a Florida limited liability company
2100 Park Central Boulevard N
Suite 900
Pompano Beacht Florida 33064
BY
BY
-2-
OF:B 1. 21. 41. Pg 1. 223
STATE OF FLORIDA
COUNTY OF BROWARD
/
The foregoins instrument was acknowledged before me this /3~ day
of AI~V8~~i~ ,2000, by Jack Azout and Erwin Sredni, as
authorized managers of Gateway Business Park L C , a Florida
limited liability company, as and for an act of the company
Each is personally known to me or has produced a Florida driver's
lcense as ldentl ication
#....v,~ ANA M. HERNANDEZ
~ }l:g ,. MY COMMISSION 1# cc 830158
"'A..'"
'ro, ~'Il" EXPIRES: Apr 26. 2003
1-8O().3-NOTAllY Fl. NalaIy SlInIice &. Bonding Ca.
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Print Na e ./fhA. m.H~j/nA-WIt z..
Commission Number cC Y31J/si'
(Affix Notary Seal)
[Lender consent immediately follows]
-3-
ORB 12141 Pg 1224
DOROTHY H. WILKEN, CLERK PB COUNTY, FL
LENDER CONSENT
BankUnited, FSB, a Federal savings bank ("Lender"), the
owner and holder of one or more of a Mortgage, Assignment of
Rents and Security Agreements, as modified from time to time
(collectively the "Mortgage") encumbering the Land, consents to
the foregoing and agrees that the ~o~9a~e is,and shall be ~
subordinate to the foregoing Be~laL~L~brr uI'Cu~enant tor ~LUoo
Accc~~ Nothing contained herein shall be construed to impose
any personal liability on Lender or its successors or assigns
BANKUNITED, FSB,
a Federal savings bank
association
delivered
'Print Name ~Itln"- i- ~d~s_e:-
,
By ~p4Z ~
Print/Name CZ:~ F. CJe
Print Title r.: La!..- Ie"~
STATE OF FLORIDA
COUNTY OF MIAMI - DADE
/
Number
The {Qre~oingLi~strument was ac
of J:Jc\i,[e1Y)~r, 2000, by
president of BankUnited, FSB,
Rersonally known to me or has
'as ldentlticatlon
(Affix Not'ifi~BiAA~~UTA
Notary Public. State of Florida
No. CC 609687
CommiSsion Expires December 23. 2000
easement unityoftitle gateway
-4-
ft
Dec-07-2000 02:39p. 00-468888
ORB 12183 Pg 438
IIHI 1111111111111 H 1111.11111111'1'111
Prepared By, Record and Return To
Ted Klem
88 N E. 168 Street
North Miami Beach, Florida 33162
Tel (305)770-0370
20
"........
PL ;G 'I' 0
Z . _, DEPT
DECLARATION OF COVENANTS AND RESTRICTIONS
FOR
PREMIER GATEWAY CENTER AT QUANTUM
THIS DECLARATION, is made as of thIS _ day of ,2000, by
GA TEW A Y BUSINESS PARK L. C , a Florida lImIted habilIty company (hereinafter referred
to as "Developer" or "Declarant") whose address IS 2100 Park Central Blvd. North, Suite 900,
Pompano Beach, FL 33064 Developer declares that the real property legally described as
Lots 32, 33, 34A, 34B, 35, 36, 37 and 38, QUANTUM PARK AT BOYNTON
BEACH, P I D PLAT NO 3, according to the Plat thereof on fIle in the Office
of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded
in Plat Book 60, Page 29
to be known as PREMIER GATEWAY CENTER AT QUANTUM (the "Property"), winch IS
currently owned by the Developer, is and shall be held, transferred, sold, conveyed, leased and
occupied subject to the covenants, restrictions, easements, charges and hens (sometimes referred
to as "Covenants and Restrictions") hereinafter set forth.
ARTICLE I
PURPOSE
The purpose of these Covenants and Restrictions is to ensure that the Common Areas, as
hereinafter defmed, are maintained in a fIrst-class manner for the benefIt of all owners and future
owners of the Property During the period of time that Developer owns all of the Property,
Developer does not intend to create the ASSOCIation, as heremafter defined, and therefore, during
such penod, references in this Declaration to the Association shall mean the Developer
ARTICLE II
DEFINITIONS
The following words, when used in this Declaration, shall have the following meanings
--- _ _...~...... r~ ___~....,
Section 2. I " ArtIcles of IncorporatIOn" or " Articles" shall mean the artIcles of
incorporation of any AssociatIOn that may be formed pursuant to th1s DeclaratIOn, as they may
eXIst from time to time
Section 2.2 "Assessment" shall mean and refer to a share of the funds requIred for the
payment of Common Expenses whIch, from time to tune, is assessed agamst a Lot Owner
SectIOn 2.3 "Association" shall mean and refer to any Florida not-for-profit corporatIon
created by the Developer pursuant to thIS Declaration to act as a property owner aSSOCiatIOn.
Until such time as the Developer creates the Association, the term "ASSOCiatIOn" shall mean the
Developer where the context so requires
Section 2.4 "Building" shall mean any structure whIch encloses space
Section 2.5 "By-Laws" shall mean the by-laws of any AssociatIOn that may be formed
pursuant to this Declaration, as the same may exist from time to time
Section 2.6 "Common Areas" shall mean and refer to all real property WhICh the
Developer owns or has an interest in for the common use of the Property including, but not
lunited to, certain areas contained within Lots, landscaping, entry features, drainage, utility and
dnve aisle easements, internal and external roadways, sidewalks, project lighting and any other
use to which a majonty in mterest (determined by area of land) of the owners of the Property may
accede If an Association is formed and if the Association owns any of the Common Areas, the
interest that the Association shall have in the Common Areas shall be the fee simple title or
easement as hereinafter described.
Section 2.7 "Common Expenses" shall mean and refer to expenses of administratIon,
insurance, maintenance, operation, repaIr and betterment of the Common Areas and Common
Personal Property and the portions of Lots to be maintained by an Association, the costs of
carrying out the powers and duties of an Association if one is formed, all expenses and easements
properly incurred by an Association for the Property, expenses declared Common Expenses by
provisions of this Declaration, the Articles or the By-Laws and any valid charge against the
Property as a whole
Section 2.8 "Common Personal Property" shall mean and refer to all personal property
whIch is eIther owned by an Association or maintained by an Association for the common benefit
of the members of the Association.
Section 2.9 "Common Surplus" shall mean and refer to the excess of all receipts of an
Association including, but not limited to, assessments and revenues over the common expenses
of an Association on account of the mamtenance, operation, administration and management of
the Common Areas
2
ORB 12183 Pg 440
SectIOn 2.10 "Declarant" or "Developer" shall mean and refer to Gateway Business Park
1. C , its successors and assigns and includes any person or entity to whIch the then Declarant may
assign Its rights, privileges, duties and oblIgations hereunder, whIch nghts, privileges, duties and
obligatIOns are and shall be assignable
SectIOn 2.11 "Improvements" shall mean and refer to any man-made changes m the natural
condItIOn of the Property, mcluding, but not limited to, structures and construction of any kind,
whether above or below the land surface, such as any building, fence, wall, sign, addition,
alteration, sewer, dram, disposal, utilities, grading, landscapmg, SIgns and extenor illummatIOn.
SectIOn 2.12 "InstitutIOnal Mortgagee" shall mean and refer to the holder of a mortgage
encumbering a Lot, which holder in the ordinary course of business makes, purchases, guarantees
or insures mortgage loans, whether for financing constructIOn or for permanent fmancmg An
Institutional Mortgagee may mclude, but IS not linnted to, a bank, savmgs and loan aSSOCIation,
insurance company, real estate or mOI!gage mvestment trust, pension or profit sharing plan,
mortgage investment trust, pension or profit sharing plan, mortgage company, an agency of the
Umted States or any other governmental authority or any other similar type of lender generally
recognized as an mstitutlOnal-type lender For definitional purposes only, an Institutional
Mortgagee shall also mean the holder of any mortgage executed by or in favor of the Declarant,
whether or not such holder would otherwise be considered an Institutional Mortgagee
Section 2.13 "Lot" shall mean and refer to any parcel of land located withm the Property,
which has been or is intended to be conveyed by the Declarant to an Owner
Section 2.14 "Occupant" shall mean and refer to any person or organization WhICh has
occupied, purchased, leased, rented or is otherwise licensed or legally entitled to occupy and/or
use any part of the Lots on the Property (whether or not such right IS exercised), as well as theIr
heirs, assigns and successors in interest.
Section 2.15 "Owner" shall mean and refer to the record Owner, whether one or more
partners, persons, trusts, corporations or other entity of the fee simple interest to a Lot or any
other portion of the Property, theIr heirs, successors, personal representatIves or assigns Any
Owner may, upon wntten notice to the Declarant and/or an Association, if one exists, assign all
or part of his rights, but not hIs duties hereunder, to the Owner's tenant but, in the event of such
assignment, the Owner shall not be relieved of any responsibility otherwise arising from such
ownership
Section 2.16 "Property" shall mean the real property described as Lots 32, 33, 34A, 34B,
35,36,37 and 38, QUANTUM PARK AT BOYNTON BEACH, PI D PLAT NO 3, according
to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida recorded in Plat Book 60, Page 29 and any portion thereof and any and all
improvements thereon and additIOns thereto as are subject to thIs Declaration.
3
ORB 12183 Pg 441
Section 2.17 "Public Records" means the PublIc Records of Palm. Beach County, Honda.
Section 2.18 "UtilIty ServIces" shall mean and refer to, but not be limited to, electric
power, gas, hot and cold water, heatmg, cable televisIOn, secunty system, telephone,
refrigeration, air conditiomng, irngatIOn, garbage and sewage dIsposal.
ARTICLE ill
REGULATION OF IMPROVEMENTS
Section 3.1 "Parking" Each Owner and tenant shall be responsible for compliance by such
Owner's or tenant's principals, employees, mvitees, licensees and guests WIth the parking
requirements of governmental zoning and of thIS Declaration and the AssociatIOn, If one IS
formed No parking shall be permitted on any lawn, median strip, publIc walkway, swale, berm
or other unpaved area, and no parkIng shall be allowed m dnve alsles, points of mgress and egress
or in fire lanes
Section 3.2 "Loadmg. Service and Outside Storage" All loading movements shall be made
off of the public right-of-way, drive aisles, points of ingress and egress or fIre lanes Rubbish and
garbage facilities shall be screened so as not to be visible from any street or right-of-way Each
Owner and tenant shall be responsible for complIance by such Owner's or tenant's principals,
employees, invitees, licensees and guests WIth the loading, service and outdoor storage
requrrements of the applicable governmental authoritIes and of thIS Declaration.
Section 3.3 "SIgns"
(A) All signs which shall be erected shall have the prior written approval of the
Association as to size, color, locatIOn and content and be in conformance with this Declaration
and harmonious to the look of the Property Further, all signs must comply with governing
municipal and regulatory agencies
(B) No billboard or outdoor advertising leases shall be permitted, other than billboard
signage approved by the Association.
(C) Signage shall not be mounted on a free-standing advertIsmg vehicle or notification
device
(D) Notwithstanding any provision of thIS Declaration to the contrary, the Declarant
and/or developers of the Property may erect a sign or signs, in size, color, location, content and
lighting as the Declarant in its sole discretion may choose, identifying, describing or advertising
PREMIER GATEWAY CENTER AT QUANTUM or any of Its available buildings or land until
all Lots have been sold.
4
UnD .I. -=:; .... C) ~....y ...........:=:
(E) Dunng the constructlon of a buildlllg, SIgns Identifymg the Developer, archItect,
engineer, leasmg agent, proposed tenant, general contractor and construction lender shall be
permitted.
Section 3.4 "Exterior and Interior LIghting" No extenor lightIng of any nature shall be
installed or operated without the prior wntten approval of the Association. Exterior lighting on
all Buildings or Lots shall be limited to SIgnS and securIty and safety illummation of walks,
building entrances, parking areas and aIsles, roadways, loading areas and serVIce areas and
extenor lighting of overall Building surfaces All interior and exterior lighting must be arranged
or shielded so as to aVOId exceSSIve glare or reflection onto any portion of any adjacent street or
mto the path of oncoming vehicles or onto any adjacent property No flashIng, traveling,
animated or intermittent lighting shall be vIsible from the exterior of any Buildmg
Section 3.5 "Common Areas and Common Personal Property" The Association shall have
sole and exclusive right to improve, change, maintain and control the Common Areas and the
Common Personal Property No Lot owner shall make any Improvement in, change to, repair
of or exert control over all or any portion of the Common Areas or Common Personal Property
Section 3.6 "Arcllltectural Control" No development of any kind shall be commenced, nor
shall any exterior addition to or change or alteration in the extenor appearance and specifications
of any Lot be made until the plans, materials and location of the development or alteration shall
have been submitted to and approved m writing by the AssocIation as to harmony of external
design and location and relatIOn to surrounding Buildings The AssociatIOn shall approve or
disapprove the submitted plans within thirty (30) days of receipt. Such approval may be
unreasonably withheld. In the event the Association does not specifically indicate its approval or
dIsapproval, it shall be conclusively presumed that the Association has disapproved the proposal
ARTICLE IV
MAINTENANCE
Section 4.1 "Maintenance Responsibilities of Owners and Occupants" The Owner and
Occupant of each Lot shall jOllltly and severally have the duty and responsibility, at its sole cost
and expense, to keep the Lot so owned or occupIed, including building improvements and grounds
in connection therewith, in a well-mallltained, safe, clean and attractive condition at all times
Such maintenance includes, but is not limited to, the following
(A) Removing promptly all litter, trash, refuse and wastes,
(B) Keeping signs and mechanical facilities in working order;
(C) Complying with all governmental, health, policy and fire requirements, statutes and
regulatIOns,
(D) Repairing Buildings and improvements thereto including, but not limited to, walls,
roofs, doors, awnings and windows, so that no Building or other improvement falls into disrepair,
5
utaS 1. 2:1. 83 Pg 443
each Building and improvement shall at all times be kept in good condItion and reparr and
adequately painted or otherwise fInished m accordance WIth the plans and specifications,
(E) Painting of all extenor surfaces shall be done at least every fIve (5) years unless a
waIver is obtamed from the ASSOCIation, and
(F) Maintaining exterior fencing, other than common walls, m good order and reparr
(G) MamtaIning and operating the "secondary" storm dramage system serving the Lot area
up to and mcludmg the pomt of connectIOn to the master dramage system mcluded WIthin the
Common Area lIDprovements
(H) Resealmg and stnpmg of parkIng and loading areas,
SectIOn 4.2 "Maintenance Responsibilities of Association" The ASSOCIation shall be
responsible for the followmg withIn the Common Areas
(A) Maintenance, repair and replacement of the Common Areas and improvements
thereto, mcluding, but not lirrnted to, entrance features, sign lighting, roadways, parking aIsles
and signs,
(B) Keeping ground surfaces mowed, grass and landscaped areas irrigated, fertilized, free
of weeds and attractive,
(C) Pruning of trees and shrubbery,
(D) Keepmg all Common Area irrigation and Common Area drainage systems in good
repair and working order and operating and mamtainIng such systems as may be required and in
compliance with any applicable governmental standards This includes, but is not limited to,
maintenance of the stonn water sewer system, the lake areas and the various plantings, all as
required under the dredge and fIll permIts (or other similar permits) Issued by all applicable
governmental authorities.
(E) Maintaining exterior pole lighting,
(F) Maintaining common walls and signs where applicable
Section 4.3 "Enforcement" If, in the opinion of the Declarant and/or the Association, any
Owner or Occupant has failed in any of the foregoing duties or responsibilities, then the Declarant
and! or the Association may give such person written notice of such failure and such person must
within ten (10) days after receiving such notice, perform the care and maintenance required,
provided, however, that of the nature of the failure is such that the performance of the care and
maintenance cannot be reasonably completed within such ten day period, then such person must,
withIn the ten day penod commence to perform and thereafter diligently proceed with the
completion of the performance Should any such person fail to fulfIll this duty within such period,
then the Declarant and/or the AssociatIOn, through its authorized agents, shall have the right and
power to enter onto the Lot and perform such care and mamtenance without any liability for
damages for wrongful entry, trespass or otherwise to any person. The Owners and Occupants for
which such work is performed shall Jomtly and severally be liable for the cost of such work and
shall promptly reimburse the Declarant and/or the Association for such cost. If such Owner or
Occupant shall fail to reimburse the Declarant and/or the Association withIn thirty (30) days after
6
UHH ~ c ~ t::J..;S vg ..c,..q. 4-
receipt of a statement for such work from the Declarant and/or the Association, then SaId
mdebtedness shall be a debt of all of the Owners and Occupants, jomtly and severally, and shall
constitute a lien against the Lot on which saId work was performed Such hen shall have the same
effect and be of the same attributes as the hen for assessments and SpecIal assessments set forth
in Article XI, and the Declarant and/or the AssocIatIon shall have Identical powers and rights ill
all respects, including, but not limIted to, the nght of foreclosure
ARTICLE V
PROPERTY RIGHTS
Section 5.1 "Master Plan of Development" The Property is or will be zoned as a Planned
Industrial DIStrICt (PID) The Property will be developed in accordance with the master plan of
development officially adopted for the dIstrict and m accordance with the regulations eXIstmg
when the PID distrIct was approved by the CIty of Boynton Beach and in accordance WIth any
special conditions imposed by the CIty of Boynton Beach as a conditIOn of site plan approval
Unless otherwIse specifically prohibited by the governing municipal and regulatory agencIes or
this Declaration, any operation and use, as generally described above, will be permitted if it is
performed or carried out entirely withm a Building so that the enclosed operatIons and uses do not
cause or produce a nuisance to adjacent Building(s) such as, but not limIted to, vibration, sound,
electromechanIcal disturbances and radiation, discharge of waste matenals, aJI or water pollutIon,
emission of dust, odiferous tOXIC or non-toxic matter Further, no noxious or offensive trade,
service or actIvity shall be permitted.
Section 5.2 "Non-Permitted Operations and Uses" If there is any dispute as to whether
the use of any portion of the Property complies with the Covenants and Restrictions, easements
or other provisions contained ill this Declaration, such dispute shall be referred to the Board of
Directors of the Association, WhICh shall render a final and binding decision with respect to such
dispute However, any use by Declarant which it, in Its sole discretion, determines to be in
accordance with this Declaration shall be deemed a use which complies with this Declaration, and
such determination by Declarant shall not be subject to further review to the contrary by the Board
of Directors.
Section 5.3 "Dele!!ation of Use" Subject to such lunitations as may be 1lD.posed by the By-
Laws, each Owner may delegate his right of enjoyment in and to the Common Areas and facilities
of Its Lot to its tenants and invitees, but such Owner will not thereby be relieved of any duty or
obligation hereunder
Section 5.4 "Easements" Each of the following easements is a covenant running with the
,
Property, and notwithstanding any other provision of this Declaration to the contrary, such
easements may not be substantially amended or revoked ill such a way as to unreasonably interfere
with their proper and intended uses and purposes, and each shall survive the termination of tins
Declaration.
7
ORB 12183 Pg 445
(A) Utilities All of that portlon of the Property compnsing the utility facilities contained
upon the Property, including, without limitation, the electrIc, water, telephone and gas lmes,
storm sewerage, sanitary sewerage and surplus storm water dramage areas, lake maintenance areas
and the like, shall be and IS hereby declared to be subject to a perpetual non-exclusive easement
in favor of any utility company serVIcing the same, the ASSOCiatIOn and all of the Owners
(B) Pedestrian & Vehicular Traffic Those portions of the Property comprising the
common roadways and reasonably intended or reasonably useful for mgress and egress purposes,
notwithstanding the fact that said roadways are contained within mdividual Lots are, and shall
continue to be, subject to a non-exclusIve easement m favor of Declarant and all Owners of Lots
WIthIn the Property, their guests, invitees and licensees for the purposes of providing ingress and
egress and the free flow of vehIcular and pedestnan traffic upon, over and across same
(C) No structure, planting or other material shall be placed or penmtted to remam which
may damage or interfere WIth the installation and maintenance of utilities or which may damage,
mterfere WIth or change the direction of flow of drainage facilIties as to which easements have
been granted The easement area of each Lot and all Improvements therem shall be continuously
maintained by the Owner of such Lot, except for Improvements for mamtenance of wmch a public
authority or utility company or the Association is responsible
(D) No Improvement of any kind (except those Improvements approved by the
Association) shall be built, erected or maintaIned on any such easement, reservation or
right-of-way, and such easements, reservations and rights-of-way shall at all tunes be open and
accessible to public and quasi-public utility corporatIOns, their employees and contractors and shall
also be open and accessible to Declarant, all of whom shall have the right and privilege of doing
whatever may be necessary in, on, under and above such locations to carry out any of the
purposes for which such easements, reservations and rights-of-way are reserved
(E) Easements of Record as the same presently exist or may be created hereafter by
operation of law
(F) Subject to any restrictions imposed in tenant leases as to the non exclusive use of
parking by tenants, each Lot's parking areas may be used by all Owners of Lots within the
Property, their guests, invitees and licensees
(G) Each Lot shall be entitled to use the open space of each other Lot for the purpose of
satisfying any applicable governmental set back requirements
Section 5.5 "Right of Entry" The Association, through its duly authorized employees and
contractors, shall have the right after reasonable notice to the Owner thereof, to enter any Lot
subject to this Declaration at any reasonable hour on any day to perform such inspection and/or
maintenance as may be authorized herein.
8
ORB 12183 Pg 446
ARTICLE VI
PROPERTY OWNERS' ASSOCIATION
Section 6.1 "AssOCIatIon" For the purpose of enforcmg th1s Declaration of Covenants and
RestrIctIons and for performing the obligations created hereunder, a property owners I association
to be known as PREMIER GA TEW A Y CENTER AT QUANTUM, INC or such other name as
the Declarant shall select shall be mcorporated by Declarant pnor to a sale or other conveyance
of any part of the Property (other than a sale or other conveyance of all of the Property) For
these purposes, the creation of a mortgage lien on any part of the Property shall not be deemed
to be a conveyance requiring the formatIon of the AssociatIon.
SectIOn 6.2 "Rules" The AssociatIOn is empowered to adopt and enforce whatever
administrative rules and regulations It deems necessary to carry out its purposes, powers, rights
and obligations
Section 6.3 "Approvals" Unless the approval or action of the Owners and/or a certain
specific percentage of the Board is specifically requrred by this Declaration, the Articles or By-
Laws, 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 herein specifically provided
to the contrary
Section 6.4 "Articles" As soon as is practical following the formation of the Association,
if one is required to be formed pursuant to this Declaration, the Declarant shall record, in the
Public Records, a copy of the ArtIcles and thereafter, any amendments thereto 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 herem.
Section 6.5 "By-Laws" As soon as is practical followmg the formation of the
Association, If one is required to be formed pursuant to this Declaration, the Declarant shall
record, in the Public Records, a copy of the By-Laws and thereafter, any amendments thereto
No amendment to the By-Laws shall be deemed an amendment to this DeclaratIOn, and this
Declaration shall not prohibit or restrict amendments to the By-Laws, except as specifically
provided herein.
Section 6.6 "Membership" All Owners of a Lot which is subject to this Declaration, or subsequently is made subject to this Declaration, shall be members of the ASSOCIation.
MembershIp as to each Lot shall be established and transferred as provided by the Articles and
9
urm ~ c: :1. ~~ ~g ...c,....c,. 7
the By-Laws, provIded, however, that such membershIp cannot be transferred except in
connectIon WIth a Lot.
Section 6.7 "Approval or DISapproval 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 the By-Laws
SectIon 6.8 "Voting" On all matters as to whIch the Owners shall be entItled to vote, each
Owner's vote shall be the Owner's percentage interest in the Property to be cast m the manner
provided m the ArtIcles and the By-Laws
Section 6.9 "Management Firm" The Association is empowered to retain a management
firm or manager for the purposes of managing the AssocIation's business, and the cost thereof
shall be deemed a Common Expense The Association, by and through the Declarant, may retam
the Dec1arantor anaffiliate of the Declarant to act as manager and pay him a reasonable fee Such
management shall be undertaken pursuant to a written contract wherein the duties and rights of
the ASSOCIation and the management entity shall be set forth.
Section 6.10 "Notification Upon Default" The Association shall have the unconditional
right to notify any mortgagee holding a first mortgage of record on any Lot when and if a Lot
Owner shall be in default ill the performance of any obligation described in this DeclaratiOn which
is not cured withm thirty (30) days from the Owner's receipt of wntten notice of a default,
proVIded, however, that in the event an Institutional Mortgagee holding and owning a first
mortgage of record on any Lot shall request notice in writing of any default on the part of any
mortgagor under a mortgage to which such Institutional Mortgagee holds tItle, the Association
shall have the duty to inform such Institutional Mortgagee of any event of default or the lack of
performance as contemplated herein.
ARTICLE VII
ASSESSMENTS
Section 7. 1 "Creation of the Lien and Personal Obligation of Assessments" The Owner
of a Lot (by acceptance of a deed for such portion of the Property, whether or not it shall be so
expressed in any such deed or other conveyance), including any purchaser at a judiCIal sale, shall
be deemed to covenant and agree to pay to the Association any annual assessments for Common
Expenses or charges and any special assessments to be fixed, established and collected from time
to time as hereinafter provided. All such assessments, together with interest thereon, from the due
date at the highest rate allowed by law and costs of collection thereot (including reasonable
attorney I s fees before, during and through JudIcial or administrative proceedings) shall be a charge
against and a lien upon the Lot(s) against wInch each such assessment is made and shall also be
the personal obhgatlOn of the Owner No Owner of a Lot may waive or otherwISe escape liability
for the assessments provided for herein by non-use or by abandonment.
10
ORB 12183 Pg 448
SectIOn 7.2 "Purpose of Assessments" The annual and special assessments levIed by the
AssocIation shall be used exclusively for the purpose of promotmg the health, beauty, safety,
secunty and welfare of the Owners of the Property and, m partIcular, for the payment of Common
Expenses as such qualItIes relate to the Property
Section 7.3 "Annual Assessments" Except as hereinafter provided, the annual assessment,
excludmg any speCIal assessment, shall be set by the Board of Directors of the Association. The
amount of the annual assessment shall be determined by the Board of Directors in accordance with
the projected fmancIal needs of the ASSOCIatIOn. The decision of the Board of Directors of the
Association as to such amount shall be fmal
Section 7.4 "Special Assessments" In addItIOn to any annual assessments, the Association
may levy in any assessment year a special assessment, applicable to that year only, for the purpose
of defraying, m whole or in part, costs of extenor lighting and landscape irrigation, as well as
landscape replacement, the cost of any construction, reconstruction, unexpected reparr or
replacement of a capital improvement, as approved by the Board of Directors of the Association,
including the necessary fIxtures and personal property related thereto, or to make up the difference
between actual operating costs and the annual assessment, provided that any such assessment shall
have the assent of a majority of the Lot Owners who are voting m person or by proxy at a meeting
duly called for this purpose, wntten notice of which shall be sent to all Lot Owners at least thIrty
(30) days in advance and shall set forth the purpose of the meetmg
Section 7.5 "Rate of Assessment" Each Lot shall be responsible for a share of the annual
and special assessments, which share shall be computed for each Lot by using the following
computation.
Total number of square feet contained
within a Lot
Total number of square feet contained
WIthin the Property, including Common Areas
=
That Lot's Share
Section 7.6 "Amount of Annual Assessment. Commencement of Annual Assessment and
Due Dates" The annual assessments provided for in tlus Article VII shall commence on the fIrst
day of the month next following the date of conveyance of the first Lot to an Owner The due
date of any special assessment shall be fIxed in the Board Resolution authorizing the assessment.
The annual assessment for each Lot shall be determined by the Board. The annual assessment
period shall be the calendar year The Board shall fix the amount of the annual assessment against
each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of
the annual assessment shall be sent to every Owner Assessments shall be payable in full on
January 1st of each year Delinquent assessments shall bear interest at the rate of eighteen (18 %)
percent per annum. In addition, the Board may establIsh a late charge for annual mstallments of
assessments not received by the Association by the 10th day of January of each year in which the
installment is due The Association shall, upon demand and for a reasonable charge, furnish a
11
UI-m ~ c: ~~..:S J.lg ~~"='
certificate sIgned by an officer of the AssociatIon setting forth whether the assessments on a
specified Lot have been paid. A properly executed certificate of the ASSocIatIOn as to the status
of assessments on a Lot is bind10g upon the Association as of the date of its Issuance, and any
purchaser or transferee shall have the nght to rely on such statement.
Section 7.7 "Reparr Assessment" If in the process of constructIOn upon any Lot or other
portion of the Property or 10 the makmg of any improvement, the Owner, Its employees, agents
or independent contractors cause damage to any other Lot, lIDprovement, Common Areas,
roadway, drive aIsle or to any other property owned by someone else WIthin the Property, the
Owner shall be responsible for such damage If the AssocIation, either voluntarily or
1Ovoluntarily, makes repairs or othelWise cures the damage caused by the Owner, Its employees,
agents or independent contractor, the Owner shall be obligated to reimburse the Association for
all expenses the Association incurred 10 curing the damage Such amount shall be treated as a
special assessment against such Owner and such Owner's Lot, and the ASSocIation shall have all
rights and powers as provIded 10 this ArtIcle
Section 7.8 "Effect of Non-Pavment of Assessment: Lien. Personal Obligation. Remedies
of AssociatIOn" The lien for any assessment(s) upon a Lot shall be effective from and after
recording in the Public Records, a claim of lien stating the description of the Lot encumbered
thereby, the name of the Owner, the amount and date when due Such claim of lien shall include
not only assessments which are due and payable when the claim of lien is recorded, plus interest,
costs, attorney I s fees, advances to pay taxes and prior encumbrances and interest thereon, but also
such claim of lien shall include such additional assessments which accrue from the first
non-payment to which the clann of lien relates to the entry of a judgment in favor of the
Association with respect to such lien. Such claims of lien shall be signed and verified by an
officer or agent of the Association. Upon full payment of all sums secured by such claim of lien,
the same shall be satisfied of record. If the assessment is not paid withIn thirty (30) days after the
delinquency date, which shall be set by the Board of Directors of the Association, the Association
may at any time thereafter bring an action to foreclose the lien aga10st the Lot(s) in like manner
as a foreclosure of a mortgage on real property and/or a SUIt on the personal obligation against the
Owner(s) and there shall be added to the amount of such assessment the cost of preparing and
filing the complaint in such action, including a reasonable attorney's fee, and, in the event a
judgment is obtained, such judgment shall include interest on the assessment as above provided
and a reasonable attorney's fee to be fixed by the Court, together with the cost of the action.
Section 7.9 "Subordination to Lien of Mortgages" The lien for assessments shall be
subordinate to the lien of any first mortgage of an Institutional Mortgagee and to the lien of any
second mortgage owned by the Declarant and arising from the initial sale of a Lot( s) Such
subordination shall apply only to the assessments which have become due and payable prior to a
sale or transfer of such Lot pursuant to a decree of foreclosure of such mortgage or deed in lieu
of foreclosure No sale or other transfer shall relieve any Lot from liability for any assessment
thereafter becoming due nor from the lien of any such subsequent assessment. The written
12
ORB 12183 Pg 450
opinion of eIther the Declarant or the ASSOCIatIOn that the lien is subordmate to a mortgage shall
be disposItive of any questions of subordmatIOn.
Section 7.10 "Foreclosure/Deed in Lieu of Foreclosure" When an Institutional Mortgagee
of record or other purchaser of a Lot obtaIns tItle to a Lot as a result of foreclosure of a Mortgage
owned by said Institutional Mortgagee or when an InstItutIonal Mortgagee of record accepts a deed
to said Lot in lieu of foreclosure, such acqUIrer of title, his grantees, heIrS, successors and assigns
shall not be lIable for the share of Common Expenses or assessments by the ASSOCIation pertammg
to such Lot, or chargeable to the former Owner of such Lot, whIch became due prior to
acquisItion of title as a result of the foreclosure or the acceptance of such deed in lIeu of
foreclosure unless such expenses or assessments were secured by a clalffi of lien recorded prior
to such Mortgage Such unpaId share of common expenses or assessments shall be deemed to be
Common Expenses, collectible from all of the Owners, including such acquirer, his grantees,
heIrS, successors and assigns The InstItutIOnal Mortgagee, after acquiring the title, shall be
responsible for all Common Expenses and assessments as the Lot Owner which shall accrue
subsequent to Its acquisition of title
Section 7. 11 Any and all InstItutional Mortgagees, theIr successors and assigns acquiring
tItle to a Lot shall have the unqualified nght to sell, lease, mortgage or otherwise transfer any such
Lot without the approval at any tlffie of the Declarant and/or the Association.
ARTICLE vm
DECLARANT'S RESERVED RIGHTS TO PROPERTY
Section 8.1 "Extension of Covenants and Restrictions to Include Additional ProlJerty" The
Declarant may, at any time, make subject to these Covenants and Restrictions other properties
now or hereafter owned by the Declarant by executing an instrument in writmg applying these
Covenants and Restrictions to such other properties and by recording the instrument in the Public
Records
Section 8.2 "Withdrawal of Land" The Declarant may, but shall have no obligation to,
withdraw at any time or from time to time portions of the Property, proVIded only that the
withdrawal of lands as aforesaid shall not, without the joinder or consent of a majority of the
members of the Association, materially increase the pro rata share of expenses of the Association
payable by the Owners remaining subject hereto after such WIthdrawal The withdrawal of lands
as aforesaid shall be made and evidenced by filmg in the Public Records, a supplementary
Declaration WIth respect to the lands to be withdrawn. Declarant reserves the right to so amend
and supplement this Declaration without the consent or jomder of the AssociatIon or of an Owner
and/or mortgagee of land included withm the Property
Section 8.3 "Platting the Subdivision RestrictIOns" The Declarant shall be entitled, at any
time and from time to time, to plat and/or replat all or any part of the Property and to file
13
ORB 12183 Pg 451
subdivisIOn restrIctions and/or amendments thereto WIth respect to any undeveloped portIon or
portIons of the Property
Section 8.4 "Easements" The Declarant reserves the right, from tIme to time hereafter,
to delmeate, plat, grant or reserve within the Property owned by it such sidewalks, ways and
appurtenances thereto and such easements for drainage and public utilitIes, as it may deem
necessary or desrrable for the development of the Property (and from time to time to change the
location of the same), free and clear of these Covenants and RestrIctions, and to dedicate the same
to public use or to grant the same to any govermng municIpal, quasI-governmental or regulatory
authority, mcluding any appropriate publIc utilIty corporatIons
Such easements may be assigned by Declarant in whole or in part to the AssocIation, to
any CIty, county, or state government or agency thereof, or to any duly licensed or franclnsed
public utility or to any other designee of Declarant or to the Quantum Community Development
DIStrict. The Lot Owners hereby authorize the Declarant or the Association to execute on their
behalf, and without further authorization, such Grants of Easement and other instruments as may
from time to time be necessary to grant easements over and upon the Property or any portion
thereof in accordance with, or to implement the prOVIsions of, this Article
The Declarant reserves to itself, its successor and assigns an easement for ingress and
egress in favor of Declarant and ItS deSIgnees in conjunction WIth its development, construction,
marketing and sale of the Lots
Section 8.5 "Declarant's Right to Modify Roadways" Declarant reserves the right to
modify the alIgnment of the Common Area roadways to accommodate future development,
provided that such modification does not materially adversely affect access to any Lot and
provided that such modification is approved by the applicable governmental authority
Section 8.6 "Right of Association to Enter upon Property" There shall exist easements for
ingress and egress in favor of the Association by its Board or the designees of the Board to enter
upon each portion of the Property for the purpose of fulfilling its duties and responsibilities of
administration, maintenance and reparr in accordance WIth its ArtIcles of Incorporation, By-Laws
and this Declaration.
ARTICLE IX
MISCELLANEOUS
Section 9.1 "Term" The Covenants and Restrictions of this Declaration shall run WIth and
bind the Property and shall inure to the benefit of and be enforceable by the Declarant, the
Association or any Owner of a Lot subject to tlns Declaration and therr respective heirs, successors
and assigns for a term of tlurty (30) years from the date this Declaration is recorded, after which
time said Covenants and RestrIctions shall be automatically extended for successive periods of ten
(10) years, unless an instrument signed by the then Owners of Seventy-five (75%) percent of the
14
U"~ ~ c::: ~ t:S":s"'g .q.~e::
ownershIp interests (Owners of75 % of the total square footage of all of the Lots) m the Lots (each
Lot counted separately), rrrespectIve of multiple ownership percentage mterest m the Property,
agreeing to revoke saId Covenants and Restrictions Provided, however, that no such agreement
to revoke shall be effective unless made and recorded three (3) years in advance of the effective
date of such revocation and unless written notice of the proposed agreement IS sent to every Owner
at least mnety (90) days in advance of any action taken.
SectIOn 9.2 "Enforcement m General" Each Lot Owner and each InstItutIOnal Mortgagee
holding and owning a mortgage on a Lot shall have the right to enforce the provIsions hereof by
proceedings at law or in equity against the person andlor entity violatmg or attempting to violate
the terms hereof, either to restrain such violation or to compel compliance herewith or to recover
damages m connectIOn therewith, and shall have the right to enforce any lien created or arismg
under the terms of thIS Declaration. Failure by any Lot Owner or InstItutional Mortgagee to
enforce any covenant or restrIction contained herein shall, in no event, be deemed a waiver of the
right to do so thereafter
Section 9.3 "Enforcement, Attorney's Fees and Costs" Each and all of these Covenants
and Restrictions shall be enforceable by injunction or other form of action available to the parties
aggrieved, the ASSOCIation, the Declarant or their respective successors or assigns This
Declaration may be enforced by any procedure at law or in eqUIty against any person or Owner
violating or attempting to violate any provision herein, to restrain such violation and to require
compliance WIth the provisIOns contained herein. The expenses of any lItigation at the trial andlor
appellate levels to enforce this Declaration shall be borne by the person or Owner against whom
enforcement is sought, provided such proceedings result in a fmding that such person or Owner
was in violation of thIS Declaration. Expenses of litigation shall include reasonable attorneys I
fees, court costs and expenses and include such fees, court costs and expenses incurred in any
appellate proceeding Any failure by the Declarant or the Association to enforce any provision
of this Declaration shall in no event be deemed a waiver of the right to do so thereafter
Section 9.4 " Amendment" This Declaration of Covenants and Restrictions may be
amended, modified or altered by instruments in writing, recorded in the Public Records, approved
by the Declarant, and, if the Declarant is not the sole owner of the Property, approved by
(1) two-thirds of the Board of Directors of the Association prior to the first meeting of the
members and (2) by seventy-five (75 %) percentage interests of the members after the first meeting
of the members No amendment may change the ratio of assessments against Owners without the
prior written approval of all Owners and all first mortgagees having an interest in the affected Lot.
Any such amendment shall be certified by the PreSIdent and Secretary of the Association and
recorded m the PublIc Record. The proviSIOns in thIs Declaration whIch are for the benefit of
Institutional Mortgagees may not be amended without the consent of the said Institutional
Mortgagees
15
ORB 12183 Pg 453
Section 9.5 "Liability" The Declarant, or the AssoCIatIon or their aSSIgns or nominees
shall not ill any manner be held lIable or responsible, eIther drrectly or indirectly, for any violation
of thIS DeclaratIOn.
Section 9.6 "First Meeting of the Members of the Association" Until the Declarant
terminates control of the Association, there shall be no annual or special meeting of the members
of the Association and, should a meeting be called, the proceedings shall have no effect unless
approved by the Board of Drrectors of the Association. However, the Declarant may waive tlns
provisIon, m whole or in part, by consenting m writing to a meeting of the membership for the
purposes set forth therem.
The Declarant shall have the right to appoint all Drrectors of the Association untIl the
Declarant has turned over control of the Association to the Owners
At the time the Declarant has conveyed all Lots or earher, at the option of Declarant, the
Declarant shall terminate its control of the Association and shall turn over control of the
Association to the Owners At the time of such turnover, the frrst meeting of the members shall
be held. At the frrst meeting of the members, the Directors of the Association shall be elected in
accordance with the provisions of the Articles of Incorporation and By-Laws
Section 9.7 "Assignment of Declarant's Rights and Duties" Any and all of the rights,
powers and reservatIons of the Declarant herein contained may be assigned to any person,
corporation or association which will assume the duties of the Declarant pertaming to the
particular rights, powers and reservations assigned, upon any such person, corporation or
association evidencing its consent in writing to accept such assignment and assume such duties,
he, she or It shall, to the extent of such assignment, have the same rights and powers and be
subject to the same obligations and duties as are given to and assumed by Declarant herein. If at
any time the Declarant ceases to exist and has not made such an assignment, a successor Declarant
may be appointed m the same manner as these Covenants and RestrictIOns may be terminated,
extended, modified or amended hereunder The Declarant may, from time to time, delegate any
or all of its rights, powers, discretion and duties hereunder to such agents as It may nominate
It may also permanently assign any or all of its powers and duties (including discretionary powers
and duties), obligations, rights, title, easements and estates reserved to it by th1s DeclaratIon to
anyone or more corporations, associations or persons that will accept the same Any such
assignment shall be in wnting and recorded in the Public Records, and the assignee shall join
therein for the purpose of evidencmg ItS acceptance of the same Such assignee shall thereupon
have the same rights, title, powers, obligations, discretion and duties as are herein reserved to the
Declarant, and the Declarant shall automatically be released from such responsibility, unless the
Declarant shall otherwise reserve a right or duty hereunder
SectIOn 9.8 "Mutuality. Reciprocity. Runs with Land" All covenants, restrictions,
conditions and agreements contamed herein are made for the direct, mutual and reCIprocal benefit
of each and every Lot and other Property in favor of every other Lot and other Property, shall
16
ORB 12:183 Pg 454
create recIprocal rights and obligatIons between all grantees of SaId Lot and other Property, their
heIrs, successors, personal representatives and assIgns, and, shall, as to the Owner of each Lot,
his or her heIrs, successors, personal representatIves and assigns, operate as covenants running
WIth the land for the benefit of all other Lots
Section 9.9 "Benefits and Burdens" The terms and provisions contaIned in this Declaration
of Protective Covenants and Restrictions shall bmd and mure to the benefit of the Declarant, the
Owners of all Lots located within the Property, the Owners of addItIOnal Property made subject
to this Declaration of Covenants and RestrictIOns and theIr respective heirs, successors, personal
representatives and asSIgns
Section 9.10 "Notices" Any notIce requIred or permItted herem shall be m wntmg and
mailed, postage prepaid by registered or certified mail, return receIpt requested, and shall be
directed as follows If intended for an Owner, to the address of the Lot If intended for
Declarant, to the address-as set forth herein or the address set forth in the last notification by the
Declarant of a change of such address
Section 9.11 "Singular and Plural" Words used herein, regardless of the number and
gender specifically used, shall be deemed and construed to mclude any other number, singular or
plural, and any other gender, masculine, feminine or neuter, as the context requires
Section 9.12 "Failure to Enforce Not a WaIver of Ril!hts" Any waiver or failure to enforce
any provision of these Covenants and Restrictions in a particular situation shall not be deemed a
waIver or abandonment of such provision as it may apply in any other situatIOn or to the same or
a similar situation at any other location in PREMIER GA TEW A Y CENTER AT QUANTUM or
of any other provision of these Covenants The failure of Declarant, the Association or any Lot
Owner to enforce a Covenant or Restriction herem contained shall in no event be deemed to be
a waiver of the right to do so thereafter nor of the right to enforce any other Covenant or
Restriction.
Section 9.13 "Constructive Notice and Acceptance" Every person who now or hereafter
owns or acquires any right, title or interest in or to any portIOn of said Property is and shall be
conclusively deemed to have consented and agreed to every covenant, condition and restrictIOn
contained in the instrument by which such person acquired an interest in said Property
Section 9.14 "Captions" The captions, section numbers and article numbers appearing in
this Declaration are inserted only as a matter of convemence and in no way defme, limit, construe
or describe the contents of the article, section, sub-section or text to WhICh such caption(s) may
apply
Section 9.15 "Severability" If any part or section, word or phrase of this Declaration shall
be declared invalid by a Court of competent jurisdiction, the same shall not be construed as an
invalidatIon of any other part or section, word or phrase of this Declaration, or the Declaration
in its entirety, and to this end, the provisions of this Declaration are declared to be severable
17
UN) .&. c:: ~ t:S..:S...g "'+:5:5
IN WITNESS WHEREOF, GATEWAY BUSINESS PARK L.C , a Florida limited
l~abIhty company, has hereunto set Its hand and seal through two of its authonzed manager tlns
l day of ^'~ ;e.."", '.,.c. r , 2000
GATEWAY BUSINESS PARK L C, a
Flonda lumted l1ability company
STATE OF FLORIDA
COUNTY OF BROW ARD
BEFORE ME, the undersigned officer duly authorized to admmister oaths and take
acknowledgments in the State of Florida, personally appeared JACK AZOUT andErIllJtSREDNI,
authorized Managers of GA TEW A Y BUSINESS PARK L C , a Florida limited liability company,
who, after bemg duly sworn by me, upon their oath stated that they have executed the foregoing
Declaration of Covenants and Restrictions for the purposes therein expressed.
, L WITNESS my hand and official seal at Pompano Beach in said State and County on this
IE-dayof 4/PJ/~~1f ,2000
.-.)JoY'~ ANA M. HERNANDEZ f
.,.V'" MYCOMMISSION#CC830158 j
1'1'" ,\,~., EXPIRES: Apr 26, 2003
l~ARY Fl& NoWrySenige&Ban<lng.Co.
~~
My Commission Expires ~/~tJ..J
declarationofcovenants gateway
18
UIUJ ~.c::: ~ ~~...g 4:;:)b
DOROTHY H. WIlJ{EN, CLERK PB COUNTY, FL
LENDER CONSENT
BankUmted, FSB, a Federal savings bank ("Lender"), the owner and holder of one or
more of a Mortgage, AssIgnment of Rents and Secunty Agreements, as modIfied from time to
tune (collectIvely the "Mortgage") encumbermg the Property, does hereby consent to the makIng
of and recordation of the foregomg DeclaratIOn of Covenants and RestrictIOns for Prermer
Gateway Center and Quantum (the "DeclaratIOn") and Lender acknowledges and agrees that the
Declaration shall be a PermItted ExceptIOn under the Mortgage NothIng contaIned herein shall
be construed to impose any personal liability on Lender or Its successors or asSIgns
BANKUNITED, FSB,
a Federal savings bank aSSOCIatIon
Signed, sealed and dehvered
the presence of:
oA-J1
BY~~ _
Senior V Ice-PresIdent
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
/
The foregoing instrument was acknowledged before me thiss#'day O~~€M~' 2000, by Clay
F Wilson, senior vice-president of BankUnited, FSB, a Federal savings . He IS personally
known to me or has produced a Florida driver's license as~entifiCatiOn4
Ii \
\
I
(Affix Notary Seal) , .
BARBARA S. 9AUTA
Notary Public. State of Florida
No. CC 609687
Commtssion Expires December 23. 2000
19
RHON ERNEST..JONES
CONSULTING ENGINEERS INC
2900 University Drive
Coral Springs, FL 33065
Tel (954) 344-9855
Fax (9541 341 596!
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RHON ERNEST..JONES
CONSULTING ENGINEERS INC
2900 University Drive
Coral Springs. FL 33065
Tel (954) 344-9855
Fax 19541 341 596!
LETTER OF TRANSlVIlTTAL
DATE
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