DECLARATION OF PROTECTIVE COVENANTS
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MEMORANDUM
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October 14, 1987
Carmen Annunziato, City Planner
Quantum Park - Declaration of Protective Covenants
Enclosed is a copy of a letter received by me today
from David S Pressly regarding the above entitled matter
Please note that it is his intention to record the
Declaration on October 15, 1987, unless he hears from us by
October 14, 1987 at 5 00 P M
~~~~-
Raymon A Rea
City Attorney
RAR/r
Enc
LAW OFFICES
MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P A.
KAREN LEVIN ALEXANDER
THOMAS M BEASON
PETER L. BRETON
ROBERT BRODY
E. COLE FITZGERALD, III
,JOHN F FLANIGAN
ANDREW FULTON III
..JAMES PATRICK GARRITY
MYRA GENDEL
TIMOTHY P HOBAN
MART!N V KATZ
WILLIAM B. KING
RONALD K. KOLlNS
LISA MILLER LAYMAN
STEVEN A. MAYANS
.JON C. MOYLE
DAVID S. PRESSLY
MARK E. RAYMOND
THOMAS A. SHEEHAN, III
DONNA H STINSON
MARTA M SUAREZ MURIAS
VIRGINIA L. VANCE
NANCY KAREN VORPE
9TH FLOOR, BARNETT CENTRE
625 NORTH FLAGLER DRIVE
POST OFFICE SOX 3888
WEST PALM BEACH FLORlPA 33402
TELEPHONE (305) 659 7500
TELECOPIER (305) 659 1789
TALLAHASSEE OFFiCE
SUITE 100, THE PERKINS HOUSE
liB NORTH GADSDEN STREET
TALLAHASSEE, FLORIDA 32301
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OCT 12 illS7
October 12, 1987
CITY ATTORNEY
-
....
Raymond Rea, Esq
City of Boynton Beach
711 South Fe~eral Hiahway
p qpl .n1 'Plaza
FEDERAL EXPRESS
Boynton Reach, FL
33435
Re Quantum Park - Declaration of Protpctive Covenants
Dear Rav
Enclosed olease find copies of the revised pages of C1e
Declaration of Protective Covenants of Quantum P"i ~ ><;: ..'J t ~ 1Yil t )1)
Beach, \vhich have been "red-lined" for purposes of highlightinq
the chanqes made to t~e last draft reviewed by you.
Due
October
Octobpr
to
15,
14,
the fact
1987, I
1987
that
need
the
your
Declaration will
comments prior
be recorded
to 5 00 p m
on
on
I apoloq i ze for the time pressure, but the
to be recorded prior to a closing scheduled for
this creates a problem for you, then please give
we can work something out.
Declaration needs
October 15th If
me a call so that
Thank you for your cooperation.
Sincerely,
~ ~t ,,!A/:v~
_Pc. U ''t.. '/'~JI
David S Pre'ssly
DSP/dl
Enclosure
cc Steven W. Deutsch, Esq
2124Z/6
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JOHN F FLAl'\,llGA'"
ANOCn3:WF"L.:LTO~ II!
_L4.MES PATR CK G.A.RR1T"....
NlVRA GEN21EL
TIMOTHY F=' HOBAN
MARTIN V KATZ
WILLIAM B KING
RONALD K. KOL NS
LISA MILLER LAYMAN
S-rEVEr-.: A MAYANS
.JOt\: C MOYLE.
DAVID S P~ESSLY
MARK E. RAYMOND
THOMAS A. S'""<<EEHAN m
DONNA H STINSON
MARTA M SUAREZ MURIAS
VIRGINIA L.. VANCE
NANCY KARE..... vCRPE
625 NCR'TI-l J::'"LAGLEF=i DR v'E
"'OST O"""'CE SOX 3868
WEST PALM BEACH FLORIDA 33402
TE....EP.....C"iE (305 659 750C
TEL..ECO~icQ ,3C5} 6S9 i789
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SU1-rE ::...... -~~ PE.;::;-><;. S t-<J:....:SE:
lIB t-.;OR-.... GACSCEN STREE'
TALLA...."SSEE. F"LOR 0,0, 3230' '-
TELEP,.....O"-E 904' 68 3828
RECEIVED
June 10, 1987
lUN 11 1981
PLANN\hll ()i:.~r~ "-
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Mr. Tom Clark
City Engineer
120 E Boynton
Boynton Beach,
,
HAND DELIVERY
Beach Blvd
FL 33435
Re Quantum Park at Boynton Beach -
Submission of Plats
Dear Tom
In regards to the above-referenced matter, enclosed please
find five identical copies of the proposed Declaration of
Protective Covenants of Quantum Park at Boynton Beach
If you have any questions, please call.
Sincerely,
'r
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David S. Pressly
DSP/dc
cc Steven W
Deutsch, Esq. (w/enc.)
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LAW OF"F"ICES
MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN. P A.
gT>. F"LOOR, BARNETT CENTRE
KAREN LEVIN ALEXANDER
THOMAS M. BEASON
PETER L. BRETON
ROBERT BRODY
E. COLE F"ITZGERALD. m
.JOHN F" F"LANIGAN
ANDREW F"ULTON. m
.JAMES PATRICK GARRITY
MYRA GENDEL
TIMOTHY P HOBAN
MARTIN V KATZ
WILLIAM B. KING
RONALD K. KOLINS
LISA MILLER LAYMAN
STEVEN A. MAY"'NS
.JON C. MOYLE
D"'VID S. PRESSLY
M"'RK E. R"'YMOND
THOMAS .... SHEEHAN, m
DONNA H. STINSON
MART'" M. SUAREZ MURI...S
VIRGINIA L. VANCE
NANCY K"'REN VORPE
625 NORTH F"LAGLER DRIVE
POST OF"F"ICE BOX 3BBB
WEST PALM BEACH, FLORIDA 33402
TELEPHONE (305) 659 7500
TELECOPIER (305) 659 1769
TALLAHASSEE OF"F"ICE
SUITE 100. THE PERKINS HOUSE
118 NORTH GADSDEN STREET
TALLAHASSEE, F"LORIDA 32301
Ttm~1Vm>
June 4, 1987
JUN 6 ]981
PLANNING DEPT.
.L
Mr. Peter Cheney
City Manager
City of Boynton Beach
120 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
HAND DELIVERY
Re: Quantum Park at Boynton Beach -
Declaration of Protective Covenants
Dear Peter:
Enclosed please find a copy of a letter dated March
to you from me regarding the latest revised draft
Declaration of Protective Covenants. Since I have not
any response from the City regarding the last revised
assume that such draft is acceptable to the City
24, 1987
of the
received
draft, I
Please let me know if my understanding is not correct. I will
be submitting the final Declaration of Protective Covenants as a
part of the final Plat submittal next week, so time is of the
essence.
If you have any questions, please call.
Sincerely,
)we p~
David S. Pressly
DSP/dc
Enclosure
cc: Raymond Rea, Esq.
Steven W. Deutsch, Esq.
Carmen Annunziato
0921Z/2
LAW OF"F"ICES
MOYLE. FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P A.
9TH "'LOOR, BARNETT CENTRE
KAREN LEVIN ALEXANDER
THOMAS M. B~SON
PETER I.. BRETON
ROBERT BRODY
Eo COL.I: ".ITZGERAL.O. m
oIOHN ". ""ANIGAN
ANDREW "'UL.TON. m
...AMf:S PATRICK G...RRITY
MYRA GENDEI.
T....OTHY P HOB......
MARTIN V. KATZ
WIL.L.IAM II. lUNG
RONAL.O K. KOL.INS
1.ISA MIL.l.f:R LAYMA'"
STCVE'" A.. MAYANS
oION Co MOYLE __
DAVID S. _ESSl.Y
MARK E. RAYMOND
THOMAS A. SHf:f:HAN. m
DONNA H. STINSON
MARTA M. SUARItZ MURIAS
VIRGINIA L VANCE
NANCY KAREN VORPE
B25 NORTH F"LAGLER ORIVE
POST OF"F"'CE BOX 38ee
WEST PALM BEACH, FLORIDA 00402
TEI..EPHONE (305) 659 7500
TEI..ECOPIER (305) BSe 1789
TAL.LAHASSEf: O".".leE
SUITE 100. THE PERKINS HOUSE
118 NORTH GADSDEN STREET
T^U ^H^!"o~EE. "lORIO... 32301
TELI;PHONE (904) e81 3828
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March 24, 1987
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Peter Cheney, City Manager
120 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Re: Quantum Park at Boynton Beach -
Declaration of Protective Covenants
Dear Peter:
Enclosed please find a copy of the revised Declaration of
Protective Covenants of Quantum Park at Boynton Beach, together
with the Exhibits thereto. These documents have been "red-lined"
for purposes of highlighting the Changes made in the last draft of
the enclosed documents reviewed by you.
The changes incorporate the
Boynton Beach, the South Florida
Quantum Associates.
input
Water
rece i ved by
z.1anagement
the Ci ty
District,
of
and
In reviewing the City's comments, I was uncertain as to the
comment regarding "no limitation of liability or a hold harmless
provision in favor of the city."
After you have had a chance to review the enclosed documents,
please let me know so that a meeting can be set up among all
interested parties for purposes of finalizing the documents.
If you have any questions, please call.
Sincerely,
:P:l(!'( 71'.1. )~~.
David S Pressly
Dsp/wp
Enclosure
CC' Steven W. Deutsch, Esquire
Carmen Annunziato (w/encl.)
Raymond Rea, Esq. (w/encl.)
1503P/5
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CITY of
BOYNTON BEACH
@ 120 E. Boynton
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.~ ,P. O. Box 310
'~.". Boynton Beach,
Beach
January 20, 1987
RECEIVED
JAM 2:"> 1986
Mr. David S. Pressly
Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P.A.
625 North Flagler Drive
P.O. Box 3888
West Palm Beach, Florida 33402
Subject. Quantum Park at Boynton Beachl
Declaration of Protective Covenants
PLAr'ilw u DEPf
Dear Mr. Pressly
The-Ctty staff has reviewed a copy of the Declaration of Protective Covenants
which was forwarded to us as an attachment to your January 5, 1987 letter to
Cannen Annunziato. We also reviewed the comments prepared by the South Florida
Water Management District dated January 2, 1987, and addressed in a letter to
Mr. Steven W. Deutsch.
In general, it appears that the covenants are written to afford the current
property owner as much flexibility as possible in the development and sale of
the parcels in Quantum Park. This flexibility sometimes conflicts with City
codes and policies. In addition, it does not appear that the City has any
special ability to assure that City standards are met or that maintenance of
areas of particular concern in the City is adequately performed, i.e., the
streets throughout the development and the street lighting, both of which
although private have a particular impact on the "invited" public that will be
visiting the area.
In addition to the comments from the South Florida Water Management District, I
will offer the fOllowing comments for your review and consideration:
1. The documents do not provide for any enforcement of maintenance by the City
on items such as site plan, lighting, roads and environmental matters.
2. There is no guaranteed level of public maintenance on private streets.
Mr. David S. Pressly
January 20, 1987
Page 2.
3. There is no limitation of liability or a hold hanmless provision in favor
of the City.
4. Page 2, Paragraph M - Design Criteria. It is suggested in this paragraph
that the design criteria may be amended by the governing committee at any
time and at its sole discretion. This definition may conflict with the
requirements of the Development Order and Subdivision Regulations.
5. Page 3, Item (m) - These provisions should include approval by the City.
6. Page 7, Section 4.2 - Should include a provision requiring City approval.
7. Page 7, Section 4.4 - Reference should be made to City requirements as well
as to the design criteria and delete the last part "upon request to the
association II.
8. Page 12, Section 6.6 - Each property owner should receive a copy of the
Hazardous Materials Response Plan at the time of the sale of the parcel.
--.lM s shoul d be mandatory and not done upon request.
9. Page 12, Section 6.7 - Consistency with City regulations should be
referenced.
10. Page 15, Section 9.3 - It is my opinion that the issue of street lighting
in public rights-of-way should be separated from Section 9.3 and addressed
by itself. In this regard, we can then clearly allocate responsibility for
funding maintenance and energy costs.
11. Page 16, Section 9.3 - Should be completely rewritten to separate out the
matters dealing with the lighting, and requiring an agreement between the
association and the City. Provision relating to an escrow account should
be included. It would be best to reword this whole section so that the
rights and obligations of the parties are unequivocally delineated.
12. Page 16, Section 9.4 - See attached memo from Kevin Hallahan which
addresses the issue of the cost of maintenance for not only the sand pine
preserve area, but also other ecologically sensitive areas.
13. Pages 24 & 25, Article 15 - Should again provide only for termination upon
approval by the City.
Mr. David S. Pressly
January 20, 1987
Page 3.
14. Page 26, Section 16.7 should establish a required dollar amount for
insurance to be detenmined by the City. This can be addressed in Section
9.3.
15. Page 27, Article 17 - A copy of the Ecological Report should accompany any
sales agreement provided to every owner, and not be made available only
upon request to the Association. As suggested by the owner in this
Section, the declarant retains unto itself, its successors or assigns, the
opportunity to otherwise use the sand pine preserve for purposes not con-
sistent with the Development Order. This, in fact, may be in conflict with
the Development Order.
16. Page 29, Section 20.2 should require City approval for any amendment.
17. Page 30, Article 23 Hazardous Material Response Plans. This section should
provide that the plans shall be provided to all owners. The provisions
regarding sole and absolute discretion of the declarant for amendments to
the plan should be deleted and rewritten to include City approval prior to
amendment.
..
Sincerely,
<<?dchef.y~
City Manager
PLC.sr
Attachment
cc. Steven W. Deutsch
Raymond Rea, City Attorney
Canmen Annunziato, Planning Director
MEMORANDUM
6 January 1987
TO:
Carmen S. Annunziato, ~lanning Director
FROM:
Kevin Hallahan, Forester/Horticulturist
RE:
Quantum Park Development - Littoral Zone, Hardwood
Swamp, Sand Pine Scrub Areas
This memorandum is in reference to estimating the cost to maintain the
above three types of ecosystems after they have been established by
the developer on the project site. I have reviewed the ecological re-
port for these areas and feel that the key to maintaining these areas
will be to develop them with the intensity outlined in the report. The
three land types require different management techniques to assure their
continued success
Littoral Zone
There are approximately six acres of this ecosystem which when completed
will require the following:
1. Monthly visual inspection to remove exotic vegetation.
2. Monthly visual inspection to replant any vegetation that
has died.
Providing the newly landscaped areas are planted with aquatic and littoral
zone vegetation, this area will be established within one to three years
Hardwood Swamp
There are also six acres of this land type which would require the following:
1 Monthly visual inspection to remove exotic species of
plants and trees
2 Monthly visual inspection to replace any tree seedlings
which have died
3. Inspecting the area by small boat at the peak of the wet
and dry seasons to see that the water level is adequately
fluctuating.
Provided that this land type is prepared properly, this acreage should
establish itself within five to ten years.
Page Two.
Sand Pine Preserve
This is the largest ecosystem (40 acres) on the project site which will
require the following:
1. Monthly visual inspection to remove exotic tree seedlings.
2. A control fire or roller chopping of the site when needed,
but not fewer than every forty years. This developer will
have the State Division of Forestry initially perform this
technique and recommend the timing for consecutive burns
according to their Fire Management Plan.
3. Annual inspection of tge site for evidence of transplanted
wildlife. This may require trapping certain species over
a period of time.
Maintaining this ecosystem will be the most costly. If properly prepared
and planted, it should be established within three to five years.
George Zimmerman has stated in his cover letter of August 4, 1986 in the
Ecological Report that the property owners association for Quantum
Properties will be responsible for continued maintenance of these three
areas. I would recommend that a lump sum of $25,000 be placed in escrow
to be used if these areas are not being maintained properly.
If you have any additional questions, please contact me
~ /M~.t~
KEVIN HALLAHAN ~
/bks
MEMORANDUM
16 January 1987
TO'
Peter L Cheney, City Manager
FROM
Carmen S Annunziato, Planning Director
RE
Quantum Park at Boynton Beach Property
Owner Protective Covenants
The purpose of this memo is to respond to David Pressly's letter
of January 5, 1987 concerning a Draft Declaration of Protective
Covenants of Quantum Park at Boynton Beach.
In general, it appear~ that the covenants are written to afford
the current property owner as much flexibility as possible in the
development and sale of the parcels at Quantum Park This
flexibility sometimes conflicts with City Codes and policies In
this regard, please be advised of the following specific
corrnnents
Page 2, Paragraph M - Design Criteria - It is suggested in this
paragraph that the design criteria may be amended by the
governing corrnnittee at any time and at its sole discretion. This
definition may conflict with the requirements of the Development
Order and Subdivision Regulations.
Page 7, section 4 2 - Approval by the City should be mentioned in
this section
Page 7, Section 4 4 - Reference should be made to City
requirements as well as to the design criteria
Page 12, Section 6.6 - Each property owner should receive a copy
of the Hazardous Materials Response Plan at the time of the sale
of the parcel This should be mandatory and not done upon
request
Page 12, Section 6 7 - Consistency with City regulations should
be referenced.
Page 15, Section 9.3 - It is my opinion that the issue of street
lighting in public rights-of-way should be separated from Section
9.3 and addressed by itself. In this regard, we can then clearly
allocate responsibil~ty for funding maintenance and energy costs.
Page 16, section 9 4 - Attached to this memo you will find a copy
of a memo from Kevin Hallahan which addresses the issue of the
cost of maintenance for not only the sand pine preserve area, but
also other ecologically sensitive areas
Page 27, Article 17 - a Copy of the Ecological Report should
accompany any sales agreement and not be made available only upon
request to the Association.
As suggested by the owner in this Section, the declarant retains
unto itself, its successors or assigns, the opportunity to
otherwise use the sand pine preserve for purposes not consistent
with the Development Order This, in fact, may be in conflict
with the Development Order
C- c.~~ IL~ "- ~ Y:
CARMEN S. ANNUNZI~
jbks
Attacrunents
-.
MEMORANDUM
6 January 1987
TO
Carmen S Annunziato, Planning Director
FROM
Kevin Hallahan, Forester/Horticulturist
RE
Quantum Park Development - Littoral Zone, Hardwood
Swamp, Sand pine Scrub Areas
This memorandum is in reference to estimating the cost to maintain the
above three types of ecosystems after they have been established by
the developer on the project site I have reviewed the ecological re-
port for these areas and feel that the key to maintaining these areas
will be to develop them with the intensity outlined in the report The
three land types require different management techniques to assure their
continued success
Littoral Zone
There are approximately six acres of this ecosystem which when completed
will require the following
1 Monthly visual inspection to remove exotic vegetation.
2 Monthly visual inspection to replant any vegetation that
has died
Providing the newly landscaped areas are planted with aquatic and littoral
zone vegetation, this area will be established within one to three years
Hardwood Swamp
There are also six acres of this land type which would requlre the following
I Monthly visual inspection to remove exotic species of
plants and trees
2 Monthly vlsual inspection to replace any tree seedlings
which have died.
3 Inspecting the area by small boat at the peak of the wet
and dry seasons to see that the water level is adequately
fluctuating
Provided that this land type is prepared properly, this acreage should
establish itself within five to ten years
Page Two
Sand Pine Preserve
This is the largest ecosystem (40 acres) on the project site which will
require the following
1 Monthly visual inspection to remove exotic tree seedlings
2 A control fire or roller chopping of the site when needed,
but not fewer than every forty years This developer will
have the State Division of Forestry initially perform this
technique and recommend the timing for consecutive burns
according to their Fire Management Plan
3 Annual inspection of tRe site for eVldence of transplanted
wildlife This may require trapping certain species over
a period of tlme ..
Maintaining this ecosystem will be the most costly If properly prepared
and planted, it should be established within three to five years
George Zimmerman has stated in his cover letter of August 4, 1986 in the
Ecological Report that the property owners association for Quantum
Properties will be responsible for continued maintenance of these three
areas I would recommend that a lump sum of $25,000 be placed in escrow
to be used if these areas are not belng maintained properly
If you have any additional questions, please contact me
4~ /ku~
KEVIN HALLAHAN /~
/bks
LAW OFFICES
MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P A.
9T" F"LOOR, BARNETT CENTRE
625 NORTH F"LAGLER DRIVE
KAREN LEVIN ALEXANDER
THOMAS M BEASON
PETER L BRETON
ROBERT BRODY
E. COLE FITZGERALD, ill
JOHN F FLANIGAN
ANDREW F"ULTON ill
JAMES PATRICK GARRITY
MYRA GENDEL
TIMOTHY P HOBAN
MARTIN V KATZ
WILLIAM B KING
RONALD K. KOLlNS
LISA MILLER LAYMAN
STEVEN A. MAYANS
JON C. MOYLE
DAVID S. PRESSLY
MARK E, RAYMOND
THOMAS A. SHEEHAN, ill
DONNA H STINSON
MARTA M SUAREZ MURIAS
VIRGINIA L VANCE
NANCY KAREN VORPE
POST OF"F"ICE BOX 3888
WEST PALM BEACH, FLORIDA 33402
TELEPHONE (305) 659 7500
TELECOPIER (305) 659 1789
TALLAHASSEE OFFICE
SUITE 100, THE PERKINS HOUSE
liB NORTH GADSDEN STREET
TALLAHASSEE, FLORIDA 32301
,..;{~~ao4l 681 ?j28
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January 5, 1987
p
Carmen Annunziato, City Planner
City of Boynton Beach
Post Office 310
120 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
HAND DELIVERY
RE Quantum Park at Boynton Beach
Dear Carmen
Enclosed please find a copy of the proposed Declaration of
Protective Covenants (and the Exhibits related thereto) of Quantum
Park at Boynton Beach. I will be available any time today or
tomorrow to meet with you for purposes of discussing any questions
or concerns you may have regarding the enclosed documents
Thank you for your cooperation
Sincerely,
~s~
DSP/dc
cc Steven W. Deutsch, Esquire w/enclosures
1208P
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100987-18
0862P/50
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DECLARATION OF PROTECTIVE COVENANTS OF
QUANTUM PARK AT BOYNTON BEACH
/
,
THIS INSTRUMENT PREPARED BY
DAVID S PRESSLY, ESQ
POST OFFICE BOX 3888
WEST PALM BEACH, FL 33402
V RETURN fro
DAVID S. PRESSLY, ESQ
POST OFFICE BOX 3888
WEST PALM BEACH, FL 33402
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
Section 4.1
Section 4.2
Section 4.3
Section 4.4
Section 4.5
Section 4.6
Section 4.7
ARTICLE V -
Section 5.1
Section 5.2
Section 5.3
Section 5.4
Section 5.5
Section 5.6
ARTICLE VI
Section 6.1
Section 6.2
Section 6.3
Section 6.4
Section 6.5
Section 6.6
Section 6.7
Section 6.8
Section 6.9
Section 6.10
Section 6.11
Section 6.12
ARTICLE VII
section 7 1
Section 7.2
ARTICLE VIII
ARTICLE IX
Section 9.1
Section 9.2
Section 9.3
Section 9 4
Section 9.5
Section 9.6
Section 9.7
Section 9.8
G~B := 4 5 0 r ~ 1 1 06
DECLARATION OF PROTECTIVE COVENANTS
OF QUANTUM PARK AT BOYNTON BEACH
TABLE OF CONTENTS
DEFINITIONS.
PROPERTY.. .
. . . . . . . . . . . . . . . .
ASSOCIATION..... ...
ARCHITECTURAL REVIEW COMMITTEE.
The Committee ........ .....~...
Necessity of Architectural Review
and Approvals......... ......... ........
Approval. . . . . . . . . . . . . .. . . . . . . . . . . .
Conditions of Approval................ .
Powers and Duties. ............. .. .....
Liability... .................
Proviso. .................. . .
. .......
CONSTRUCTION OF IMPROVEMENTS..............
General......................... ........
Licenses................................ .
Time Requirements....... ................
Condition During Construction.
Damage or Destruction........... ... ....
Certification. ................. ......
GENERAL COVENANTS......... ..............
Ge ne r a It. . . . . . . .. .. .. .................
Use Regulations....................... ..
Drainage and Water Retention.......
Noxious or Offensive Activity... ......
Subdivision or Combination of Parcels....
Hazardous Materials......................
Governing Criteria.......................
Rules and Regulations. ..................
Public Land Use Regulations.........
Notice....!'....... ........... .
Ins u r a nc e. . . . . . . . . . .. ......... . .......
Quantum Park Ground Water Monitoring Plan
COMMON AREAS....
. . . . . . . . . .. .
Description. ..
Restrictions....
. . . . . . . . . . . . .
. . . . . . .. . ..
HELIPAD/HELIPORT............
. .. ......
MAINTENANCE, ALTERATIONS AND
IMPROVEMENTS. . .. . .. .
As to Common Areas... ..
As to Parcels. ......
As to Oustside Land .. ......
Sand pine Scrub Preserve Area...
Platted Streets. ........
Inspection by Association ....
Declarant's Right to Enter..
Insurance Proceeds......
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1
6
7
7
7
7
8
9
9
10
11
11
11
11
11
13
13
15
15
15
16
16
16
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17
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20
20
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0862P/51
ARTICLE X
Section 10 1
Section 10 2
Section 10 3
Section 10 4
Section 10.5
Section 10.6
Section 10.7
Section 10.8
Section 10 9
ARTICLE XI
Section 11.1
Section 11. 2
Section 11. 3
Section 11 4
ARTICLE XII
ARTICLE XIII
Section 13.1
Section 13.2
ARTICLE XIV
Section 14 1
Section 14.2
Section 14.3
Section 14.4
ARTICLE XV
;Jht 5450 i:1 1 1 07
ASSESSMENTS..
Applicability to Parcels. ........
Uniform Rate of Master Assessments..
Amount and Use.... . ..... .....
Special Assessments..
Due Dates...... . .....
. . . . .. ...
Certificate....... . ..... .....
Lien Rights ............... ......
Enforcement of Lien....... . ....... ....
Proviso. ................
. . . . . . . . .. .
23
23
23
24
24
25
25
25
26
26
27
27
28
28
28
29
30
30
30
30
30
31
31
31
32
ART ICLE XVI - INSURANCE... .... ....................... .... 33
Section 16.1
Section 16.2
Section 16.3
Section 16 4
Section 16.5
Section 16 6
Section 16 7
ARTICLE XVII
Section 17 1
section 17 2
Section 17.3
ARTICLE XVIII -
ARTICLE XIX
ARTICLE XX
Section 20.1
Section 20 2
ARTICLE XXI
EASEMENTS........... . ........
Easement Rights of Declarant.. . ......
Easement Rights of Association...........
Easement Rights of Institutional
Mortgagees......... ... ........ .
Persons Bound; Beneficiaries............
OBLIGATIONS OF OWNER
. .. ...............
STATUS AND WAIVER................
Covenants................... .....
Waiver.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
REMEDIES. . . . . . . . . . . . . . . . . . . . . .
Rights of Declarant and Association for
Violation by Owner... ........ .......
Rights of Declarant for Violation
by Association.............. ............
Rights of Owners for Violation by
an Owner or Association..................
Attorney's Fees.................. .....
DURAT row. .. ..............
. . . .. . .....
Liability Insurance........... ........
Casualty Insurance.......................
Workmen's Compensation Policy............
Other Insurance.....................
Individual Liability Insurance..
Waiver of Subrogation ..........
Insurance Regarding Outside Land
ECOLOGICAL PLAN AND SAND PINE
PRESERVE AREAS....... .. ...........
Ge n era 1. ............ . . . . . . . . . . .. .....
Sand pine Preserve Areas.................
Swamp and Freshwater Marsh Habitat/
Wetlands Surface Water Management System.
CONVEYANCE FOR PUBLIC USE... .
INTERNAL SECURITY FORCE.
AMENDMENT
General Procedure...
Proviso .....
ADDITIONAL LANDS
-ii-
33
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33
33
33
33
34
34
34
34
35
36
36
37
37
38
39
0862P/52
ARTICLE XXII
ARTICLE XXIII
ARTICLE XXIV
ARTICLE XXV
ARTICLE XXVI
ARTICLE XXVII
ARTICLE XXVIII -
ARTICLE XXIX
ARTICLE XXX
ARTICLE XXXI
ARTICLE XXXII
ARTICLE XXXIII -
ARTICLE XXXIV
ARTICLE XXXV
ARTICLE XXXVI
ARTICLE XXXVII -
EXHIBITS
\J~:~ _- ......,.::10 [~, i~ ..i .1 tJO
RIGHTS APPURTENANT TO LOT 55
39
HAZARDOUS WASTE/HAZARDOUS MATERIALS
CONTAMINATION RESPONSE PLANS .
40
NOTICE
42
RIGHT TO MODIFY, CANCEL OR LIMIT
42
ASSIGNMENT............... ....
43
. . . . . . . . . .
SEVERABILITy.........
43
. .. .... .........
APPLICABLE LAW/VENUE................
43
CAPTIONS...... ...... ........
43
SINGULAR/PLURAL - MASCULINE/FEMININE...... 44
VETO POWER ........ ..... .... .... 44
DISSOLUTION OF ASSOCIATION..... ....
45
RESTRICTIONS PREVAIL OVER LESS STRINGENT
GOVERNMENTAL REGULATIONS...... ....... 45
LES SEES.. .................. ......
45
AMENDMENTS TO GOVERNMENTAL LAND USE
REGULATIONS. . . . . . . . . . . .. ................. 46
MORTGAGEE CONSENT AND ACCEPTANCE....
46
EFFECTIVE DATE OF THIS DECLARATION........
47
I
Exhibit "A" - Legal Description of the Property
Exhibit "B" - Articles of Incorporation
Exhibit "C" - Bylaws
-iii-
0862P/53
On:1 _= ~SO r.~ j 1 ("J9
101087-18
0862P
DECLARATION OF PROTECTIVE COVENANTS
OF QUANTUM PARK AT BOYNTON BEACH
KNOW ALL MEN BY THESE PRESENTS
WHEREAS, QUANTUM ASSOCIATES, a Florida General Partnership
(hereinafter "Declarant"), is the owner of certain lands located
in the City of Boynton Beach, Palm Beach County, Florida, which
lands (hereinafter "Property") are more particularly described
below; and
WHEREAS, the Ci ty of Boynton Beach has issued a Development
Order pursuant to Chapter 380, Florida Statutes
(1984)
for
development of that portion of the Property rezoned by the City to
Planned Industrial Development District, and has rezoned the
Property to a Planned Industr ial Development Distr ict and Planned
Commercial Development District; and,
WHEREAS, Declarant desires to plac~ from time to time certain
easements, covenants, conditions and restrictions upon the use of
the Property and to cause same to benefit, burden and run with the
Property,
NOW, THEREFORE, for good and valuable consideration, the said
Declarant does hereby for itself and its successors and assigns
hereby place upon the Property the following cer tain easements,
covenants, conditions and restrictions
ARTICLE I
DEFINITIONS
The following words, when used in this Declaration (unless the
context shall prohibit) shall have the following meanings
A.
Articles of Incorporation
The term "Articles of
Incorporation"
shall
mean
and
refer
to
the
Articles
of
Incorporation of the Association, a copy of which Articles are
attached hereto as Exhibit "B," as may be amended from time to
time
THIS INSTRUMENT PREPARED BY
DAVID S. PRESSLY, ESQ
pOST OFFICE BOX 3888
WEST PALM BEACH, FL 33402
RETURN TO
DAVID S PRESSLY, ESQ
POST OFFICE BOX 3888
WEST PALM BEACH, FL 33402
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I3
Assessments
The term "Assessments" shall include
Regular Assessments and Special Assessments, and shall mean and
refer to the share of funds required for the payment of Common
Expenses, which from time to time are assessed against the Owners
C
Association
The term "Association" shall mean and
refer to Quantum Park Property Owners' Association, Inc., a
Florida corporation not for profit
D
Board of Directors
The term "Board of Directors"
shall mean and refer to the Board of Directors of the Association
E
Building Site
The term "Building Site" shall mean
and refer to that portion of the Property being improved in
accordance with Articles IV and V herein
F.
Bylaws
The term "Bylaws" shall mean and refer to
the Bylaws of the Association, a copy of which Bylaws are attached
hereto as Exhibit "C," as may be amended from time to time
G
City
The term "City" shall mean and refer to the
City of Boynton Beach
H.
Committee
The term "Committee" shall mean and
refer to the Architectural'Review Committee appointed from time to
time
by
the
Declarant,
as more
particularly described
in
Article IV herein
I.
Common Areas.
The term "Common Areas" shall mean
and refer to all real property (and Improvements thereon) owned
and/or leased by, or dedicated to, the Association, as more
particularly described in Article VII herein.
J
Common Expenses
The term "Common Expenses" shall
mean and refer to all costs, expenses and assessments properly
incurred by the Association for which the Owners are liable to the
Association
K
County
The term "County" shall mean and refer to
Palm neach County
L
Declarant
The term "Declarant" shall mean and
refer to QUANTUM ASSOCIATES, a Flor ida General Partnership, and
those successors and assigns to whom Declarant's rights and
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_ L... ........
obligations as Declarant hereunder are specifically assigned in
writing by Declarant
t'-\. Declaration 'I'he term "Declaration" shall mean and
refer to this Declaration of Protective Covenants of Quantum Park
at Boynton Beach
N Des ign Cr iter i a The term "Design Cr iter ia" shall
mean and refer to the specifications, guidelines, and standards,
which, toqether with this Declaration, regulate the construction,
placement, installation, and maintenance of Improvements within
the Park The Desiqn Criteria shall be prepared and adopted by
the Committee, and may be modified and amended in writing by the
Committee at any time in its sole and absolute discretion without
the joinder, ratification or approval of the Association, any
Owner, or any lienholder; provided, however, that any amendment to
the Design Criteria concerning the Park's surface water management
system must be approved in writing by the South Florida Water
Management District. Any reference to Design Criteria shall
include any amendments thereto A copy of the Design Cri teria
shall be available for any Owner upon written request to the
Association
o Design Plans The term "Design Plans" shall mean
and refer to the design plans (and amendments thereto) for
Improvements that must be submitted and approved in accordance
with the Articles IV and V herein Any reference to any amendment
of the Design Plans shall include any change in, al teration of,
addition to, or deletion from the Design Plans
P Development Order The term "Development Order"
shall mean City Ordinance No 84-51, which ordinance granted with
condi tions Declarant I s application for a development permit with
respect to the Park pursuant to Chapter 380, Florida Statutes, as
amended by City Ordinance No 86-11, as further amended by City
Ordinance No 86-37, and as may be further amended from time to
time
Q Ecolog ica 1 plan The term "Ecoloq ica 1 Plan" shall
mean and refer to that certain Ecoloqical Plan For Quantum Park
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(date,-; .;uoust 4, 1986, and amended f\1arch 16, lC}B7) prepared by
Ecoh""'lC ic~ 1 Consu 1 tants, as may be fur the r amended from time to
time, and as more fully discussed 1n Article XVII herein ^ny
refe~ence to Ecoloqical Plan shall include any amendments thereto.
R Hazardous Materials Contamination Response plans
The term "Hazardous Materials Contamination Response Plans" shall
mean and refer to the document entitled "Guidelines for the
Preparation
of Owner/Lessee Hazardous Materials Contamination
Response Plans" for the Park (as may be amended from time to time)
prepared by Law Environmental Services (dated April 13, 1987), as
more fully discussed in Article XXIII herein.
Any reference to
Hazardous Materials Contamination Response plans shall include any
amendrr.ents thereto
s.
Improvement
The term "Improvement" shall mean and
refer to any building, sign, exterior lighting, drainage facility,
water retention facility, sewage system, road, lake, landscaping,
and/or other structure that is constructed, installed, erected,
placed or made within or upon the Property, as well as any
construction, demolition, t excavation, and/or grading, within or
upon, and any subdividing (or resubdividing) and/or platting (or
replatting) of, or combination of, a Parcel or Parcels
T
Institutional Mortgagee
The term "Institutional
Mortgaqee" shall mean any Person owning a mortgage encumbering a
Parcel, which in the ordinary course of business makes, purchases,
guarantees, or insures mortgage loans
An Institutional Mortgagee
may include, but is not limited to, banks, savings and loan
associations, insurance companies, union pension funds authorized
to le'1d money in the State of F lor ida, an agency of the Un i ted
States or any other governmental authority, a mortgage investment
trust, a real estate investment trust, a mortgage company, or a
lender generally recognized in the County as an lnstitutional type
, -
J..enGe:
In addition, In the event that the Declarant is the
mor~~aoee Jnder a purchase money mortgage arisino upon the sale of
a ?3r::eJ.., the Declarant shall be deemed to be an Institutional
Mor~ca~ee hereunder
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1 i
, -~
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u
Lessee
The term "Lessee" shall mean and refer to
any Person who leases from an Owner all or any portion of a
Parcel
7he Lessee shall be subject to the terms of this
Declaration, and shall have the same obligations as an Owner
hereunder
v
Master Site Development Plan
The term "Master Site
Development Plan" shall mean and refer to that certain development
plan for the Park approved by the City as a part of the
Development Order, as may be amended by Declarant from time to
time.
~v .
Owner
The term "Owner" shall mean and refer to the
record owner or owners of the fee simple title to a Parcel In
the event that a Parcel is owned by more than one (1) Person, each
such Person shall be jointly and severally liable for all of the
obligations of an Owner of a Parcel hereunder.
x.
Parcel
The term "Parcel" shall mean and refer to
any platted lot within the Property and/or a part of a platted lot
within the prooerty that is owned in fee simple, together with all
Improvements thereon
A platted lot shall mean and refer to a lot
created pursuant to a plat duly recorded in the Public Records of
the County.
y
Park
The term "Park" shall mean and refer to
Quantum Park at Boynton Beach, subject to Declarant's right to
change the name thereof from time to time in Declarant's sole and
absolute discretion.
z.
Person
The term "Person" shall mean and refer to
an individual, corpor.ation, governmental agency, business trust,
estate, trust, partnership, association, or two or more persons
having a joint or common interest or any other entity
AA
Property
The term "Property" shall mean and refer
to that certain property more particularly described in Article II
herein
RB
Reqular Assessment
The term "Reqular Assessment"
shall mean and refer to any Assessment levied against Owners that
is required by the annual budget
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cc Spec Lll l\ssessment The te rm "Spec ia 1 t\ssessmen t"
shall mean and refer to any Assessment levied aqainst Owners other
than a Regular Assessment
DD Subdivide The term "subdivide" shall mean and
refer to the dividinq (or redividing) of a platted lot into two or
more Parcels
EE voting Representative The term "voting
Representative" shall mean and refer to (1) the Owner of a Parcel
if such Parcel is owned by one individual, (2) any individual
designated in a Certificate filed with the Secretary of the
Assoc iat ion des igna t ing a voting member for such Parcel, or (3) a
duly desiqnated proxy holder. Anything to the contrary herein
notwithstanding, there shall only be one (1) voting Representative
for each Parcel.
FF voting Rights The term "Voting Rights" shall mean
and refer to the number of votes applicable to a Parcel or Parcels
GG Water Management Plan The term "Water Management
Plan" shall mean and refer to the Park \vater Management plan (as
may be amended from time to time) as more fully discussed in
Section 6.3 herein; provided, however, that this Water Management
Plan is permitted by the South Flor ida \va ter Management Distr ict,
and can only be amended wi th the pr ior approval of the South
Florida Water Management District
ARTICLE I I
PROPERTY
The Property shall consist of all property that Declarant
submits, and makes subject to, the terms of this Declaration As
of the recordinq of this Declaration in the Public Records of the
County, the property described in Exhibit "A," attached hereto and
made a part hereof, shall be and hereby is submitted and made
subject to the terms of this Declaration by Declarant Additional
lands may be subm i t ted and made subj ec t to the te rms 0 f th i s
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Declaration by Declarant pursuant to Article XXI hereIn, and at
such time the additional lands will automatically hecome a part of
the Property hereunder.
ARTICLE III
ASSOCIATION
An Owner shall automatically be a member of the Association,
and said Owner and his Parcel shall be subject to the terms and
conditions of this Declaration and all exhibits thereto, as same
may be amended from time to time
ARTICLE IV
ARCHITECTURAL REVIEW COMMITTEE
Section 4 1 The Committee.
The role of the Commi t tee is to
examine and review the Design Plans in light of the aesthetic
impacts of a proposed Improvement, and the Committee shall NOT
examine,
review,
or
be
responsible
for
the
structural,
engineering, mechanical, or other related aspects of the proposed
Improvement
The Committe~ shall consist of three (3) to five (5)
persons appointed from time to time by the Declarant: any member
of the Committee may be replaced at any time by the Declarant.
The members of the Committee are not required to be members of the
Association
The initial members of the Committee shall be
Edward B. Deutsch, George W. Zimmerman and Steven W Deutsch, each
of whom shall serve until his successor is appointed, or until he
resigns, or until he is replaced, whichever first occurs. Any
vacancy occurring on the Committee shall be filled by the
Declarant.
A majority of the Committee shall constitute a quorum
to transact business at any meeting of the Committee, and the
action of a majority ore sent at a meeting at which a quorum is
present shall constitute the action of the Committee
Section 4 2 Necessitv of Architectural Review ann Approvals.
No Improvement of any kind shall be commenced, constructed,
installed, erected, or placed upon or within the Property, nor
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shall any amend;nent, change or alteration of any Improvement be
made (except as specifically provided in Section 4 4 D , until
such time as the Design Plans with respect thereto have been
submitted
to
and
approved
in writing
by the Committee
in
accordance herewith
The Design Plans shall be submitted to the
committee in a manner and form satisfactory to the Committee, and
shall show the proposed Improvement(s), plot layout, exterior
elevations, materials, colors, layout of parking spaces, location
of
easements,
location
of
utilities,
proposed
use of
the
Improvement (s), ma t ters contai ned wi thin the Des ign Cr iter ia, and
such other information as may be reasonably requested by the
Committee.
Approval of the Applicant's Design plans shall not be
in lieu of any approvals that may be required by the City, or any
other governmental body.
IN APPROVING DESIGN PLANS AND/OR ANY
AMENDMENTS THERETO,
THE COMMITTEE MAKES NO REPRESENTATIONS,
WARRANTIES OR CLAIMS AS TO THE SOUNDNESS OR QUALITY OF THE
CONSTRUCTION OR DESIGN OF THE IMPROVEMENTS,
OR AS TO THE
EFFECTIVENESS OR SUITABILITY OF THE USE OF SUCH IMPROVEMENTS, OR
AS
TO COMPLIANCE WITH t ZONING,
PERMIT REGULATIONS,
OR ANY
GOVERNMENTAL LAND USE REGULATIONS.
Section 4 3 Approval
Approval of the Design plans shall be
ba sed upon
(i) the conformity and harmony of the design and
layout of the proposed Improvement(s) with neighboring Parcels and
with the Park as a whole~ (ii) the effect of the location of the
proposed Improvement(s) on neighboring Parcels and on the Park as
a whole~ (iii) the relation of the proposed Improvement(s) to the
topography of the Building Site;
(iv) the grade and finished
ground elevation of the Building Site in relation to that of
neighboring Parcels; (v) the proper facing of the main elevation
of the proposed Improvement(s) with respect to nearby streets; and
(vi) the conformi ty of the Des ign Plans \vi th the Des ign Cr iter i a,
and with the terms of this Declaration
The Committee shall
either approve or disapprove the Design Plans within thirty (30)
days after the Committee's receipt of all documentation required
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herein
The Committee shall not arbitrarily or unreasonablj
withhold its approval of the Design Plans
I f the Desig n Plans
are not approved, the Committee shall state the reasons therefor
Section 4 4
Conditions of Approval.
In the event of
approval of the Design Plans, the following conditions shall apply
A. Prior to commencing to improve the Building Site,
the Owner, if so required by the Committee, shall provide the
Committee with a removal bond, which must be reasonably acceptable
to the Committee, for purposes of protecting the Park against any
unsightly
unfinished construction
The
Committee
shall
not
requi re removal bonds wi th respect to Parcels in excess of 50
acres in size.
B. The approved Improvement(s) shall not be used or
utilized in any manner until such time as the Owner has provided
the
Committee
with
written
certification
from
a
duly
registered/licensed
architect
that
the
Improvement(s)
was
constructed in accordance with the Design Plans.
C. There shall be no changes made to the approved
Design Plans without the prior written approval of the Committee.
.
D. Changes made in the internal layout of a structure
shall not be subject to the approval of the Committee as long as
such changes are not visible from outside of the structure and do
not create any aesthetic impacts upon the Park.
Section ~ 5
Powers and Duties. The Committee shall have the
following powers
A. To adopt, and amend from time to time, the Design
Criteria.
B To adopt, and amend from time to time, submission
requirements for the approval of Design Plans.
C. To approve or disapprove the Design plans (and any
amendments thereof) submitted hereunder
D
To
adopt
a
schedule
of
reasonable
fees
for
processing requests for Committee approval of proposed Design
Plans (and any amendments thereof)
Such fees, if any, shall be
payable to the Association in U S cash or by checK at the time
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tha t Des ign Plans (or amendments there to) are submi t tea to the
Committee
In the event such fees are not paid by the Owner, the
Design Plans shall be deemed to be improperly submitted by Owner,
and need not be reviewed by the Committee
E To retain professional advisors (such as attorneys
and architects) as may be necessary in the exercise of its powers,
which advisers shall be paid out of the fees collected in
Paragraph D above or from funds of the Association
F
To
enter
upon
(or
designate
an
agent
or
a
professional advisor to enter upon) the Building Site(s) from time
to time during construction, and upon completion of construction
G. To per form such inc idental acts as may be necessa ry
in the exercise of its powers.
Section 4.6 Liability
Neither the members of the Committee
nor
Declarant
(nor
their
respective partners,
shareholders,
members,
representatives,
agents,
employees,
successors,
or
assigns) shall be liable in any manner to any Person, by reason of
negligence, mistake in judgment, or nonfeasance arising out of or
in connection with the approval, disapproval or failure to approve
or disapprove the Design Plans, or as a result of failing to carry
out their duties hereunder.
Each Owner agrees and certifies that
he will not bring any action, suit, or other proceeding against
the members of the Committee or Declarant, (or their respective
partners,
shareholders,
members,
representatives,
agents,
employees, successors, or assigns) for any negligence, mistake in
judgment, or nonfeasance in connection with Design Plans or the
approval or disapproval thereof, or in connection with any other
actions taken by the Committee hereunder
IN APPROVING DESIGN
PLANS AND/OR ANY AMENDMENTS THERETO, THE COMMITTEE MAKES NO
REPRESENTATIONS, WARRANTIES OR CLAIMS AS TO THE SOUNDNESS OR
QUALITY OF THE CONSTRUCTION OR DESIGN OF THE IMPROVEMENTS, OR AS
TO
THE
EFFECTIVENESS
OR
SUITABILITY OF THE
USE
OF
SUCH
IMPROVEMENTS, OR AS TO COMPLIANCE WITH ZONING, PERMIT REGULATIONS,
OR ANY GOVERNMENTAL LAND USE REGULATIONS
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Section 4 7 Proviso
Anything in this Declaration to the
contrary notwithstanding, the following Improvements are exempt
from Committee approval, but the construction of same shall be in
compliance with all applicable governmental regulations, code~,
and ordinances
Any electrical sub-station constructed on a Parcel
owned by a public utility, as well as all other
Improvements contained within the safety fence
(including said safety fence) surrounding said
electrical sub-station; provided that said safety
fence must be set back at least 30 feet from all
boundary lines of the Parcel containing said
electrical sub-station.
ARTICLE V
CONSTRUCTION OF IMPROVEMENTS
Section 5 1 General. The construction or installation of any
Improvement shall not be commenced until the Design Plans for such
Improvement have been approved in accordance with Article IV
hereunder.
Section 5 2 Licenses.
All Design Plans and required permit
applications must be prepared and/or
stamped by a Florida
registered architect and/or engineer, and all construction must be
performed by duly licen~ed contractors and subcontractors In
order to be "duly licensed," the contractors and subcontractors
must have obtained all requi red licenses f rom all governmental
bodies, agencies, departments and the like having jurisdiction
thereover,
and must
have
satisfied
all
other
requirements
established
as
conditions
precedent
to
constructing
the
Improvement.
Section 5.3 Time Requirements.
A.
The Owner shall "commence construction"
(def ined
below) of all the Improvements shown in the Design Plans no later
than eighteen (18) months following the written approval of the
Design Plans by the Committee.
Upon commencing construction, the
Owner shall proceed expeditiously and diligently without stoppages
of longe r than five (5) business days
All Improvements shown in
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the Design Plans shall be "completed" (defined below) within a
reasonable per iod of time, which is not to exceed eighteen (18)
months from the date that the Owner commenced construction of the
particular Improvement
B. The deadlines and other time constraints set forth
in this Section 5 3 shall be automatically extended for the period
of time that Owner is delayed by factors that are completely
outside of Owner's control
In addition, the Committee shall have
the power to extend any deadlines and other time constraints set
forth
in
this
Section 5 3,
provided
Owner
makes
written
application therefor and the Committee determines, in its sole
discretion, that the request is reasonable.
C. Failure to comply wi th the deadlines and/or other
time constraints set forth in this Section 5.3 shall result in the
termination of the Committee's approval of the Design plans and
Owner will have to obtain approval of his Design Plans from the
Committee in accordance with Article IV herein prior to proceeding
with the Improvement(s).
Further, in the event that Owner fails
to comply wi th the deadl'ines and/or other time constraints set
forth in this Section 5.3, Owner shall clear and remove the
partially completed Improvement from the Park, and restore the
Building Site to the condition the Building Site was in prior to
commencing construction of such Improvement.
I f Owner does not
comply with its obligations hereunder, within twenty-five (25)
days after not ice from the Commi t tee, then the Assoc ia t ion or the
Declarant (and/or Persons designated by either) (i) may enter upon
the Building Site and carry out Owner's obligations at Owner's
cost and expense, without being liable in any manner for trespass,
and shall have a lien (for the costs and expenses incurred by the
Association or the Declarant) aqainst the Parcel containing the
Building Site in the same manner as a lien for unpaid Assessments
hereunder; (ii) may implement the removal bond; and/or (iii) may
pursue any other remedies allowed under this Declaration
D. For purposes of this Declaration the Owner shall be
deemed to have "commenced construction" upon the issuance of all
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necessary building permits required by the applicable governmental
bod i es fo r the const ruct ion 0 f the pa rt icula r Improvement (0 r, if
no building permits are required, by conductinq actual continuous
const ruc t ion ac t i vi ty upon the Bu i ld inq Site), and an Improvement
shall be deemed to have been "completed" upon the issuance ot a
final certificate of occupancy for the particular Improvement by
the governmental body having jurisdiction thereof (or, if no
certificate
of
occupancy
is
required
with
res pect
to
the
Improvement, upon the complet ion of the Improvement in the manner
shown in the Design Plans)
Section 5 4 Condition During Construction.
The Building Site
shall be kept in a clean, neat and orderly condition during
construction of the Improvements so as not to cause any unsightly
or dangerous conditions
In the event that the Owner shall fail
to so maintain the Building Site and continues such failure more
than five (5) days following notice thereof from the Association
or the Declarant, the Association or the Declarant (and/or Persons
designated by either) may (1) enter upon the Building Site to
carry out the proper mail'\tenance, and shall have a lien (for the
costs and expenses incurred by the Association or the Declarant)
against the Parcel containing the Building Site in the same manner
as the lien for unpaid Assessments hereunder, or (2) pursue any
other remedies allowed under this Declaration.
Section 5.5 Damage or Destruction
In the event that a
completed Improvement is damaged or destroyed
A Owner shall take the necessary remedial action to
eliminate any dangerous or unsightly conditions arising from such
damage or destruction (which may require the clearing or other
removal of the damaged or destroyed Improvement from the Park)
The Owner shall commence such remedial action within twenty (20)
days after the date the Improvement is damaged or destroyed, and
shall complete such remedial action within a reasonable time (not
to exceed four [4] months after the date the Impr.ovement IS
damaged or destroyed)
If Owner does not comply with
its
Obligations hereunder,
then the Association or the Declarant
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(and/or Persons designated by either)
(i) may enter upon the
Building Site and carry out Owner's obligations at Owner's cost
and expense, without being liable in any manner for trespass, and
shall have a lien (for the costs and expenses incurred by the
Association or the Declarant) against the Parcel containing the
Building Site in the same manner as a lien for unpaid Assessments
hereunder, and/or (ii) may pursue any other remedies allowed under
this Declaration.
B.
After the remedial action in Section 5.5.A
above
has been completed
(i) Owner shall "commence restoration" (which shall
have
the
same
meaning
as
IIcommencing
constructionll
in
Section 5.3.D
above) of the damaged or destroyed Improvement no
later than twelve (12) months following the date the Improvement
was damaged or destroyed;
(ii) upon commencing restoration, the Owner shall
proceed expeditiously and diligently without stoppages of longer
than
five (5)
business
days.
All
damaged
or
destroyed
Improvements shown in the I Design Plans shall be II fully restoredll
(which
shall
have
the
same
meaning
as
IIcompletedll
in
Section 5 3.D. above) within a reasonable period of time, which is
not to exceed twelve (12) months from the date that the Owner
commenced restoration of the damaged or destroyed Improvements
(iii) The deadlines and other time constraints set
forth in this Section 5 5.B
shall be automatically extended for
the period of time that Owner is delayed by factors that are
completely outside of Owner's control
In addition, the Committee
shall have the power to extend any deadlines and other time
constraints set forth in this Section 5.5.B., provided Owner makes
wr i t ten application therefor and the Commi t tee determines, in its
sole discretion, that the request is reasonable
(iv) Failure to comply with the deadlines and/or
other time constraints set forth in this Section 5 5 B
shall
result in the termination of the Committee's approval of the
Design Plans, and Owner will have to obtain approval of his Desiqn
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Plans from the Committee in accordance with Article IV herein
prior to proceeding with the Improvement(s)
Further, 1n the
event that Owner fails to comply with the deadlines and/or other
time constraints set forth in th.is Section 5 5 B , Owner shall
clear and remove the damaged or destroyed Improvement (s) f rom the
Park, and restore the Building Site to the condition the Building
Site
was
in
prior
to
commenc i ng
construction
of
such
Improvement(s)
If Owner does not comply with its obligations
hereunder, within twenty-five (25) days after notice from the
Committee, then the Association or the Declarant (and/or Persons
designated by either) (i) may enter upon the Building Site and
carry out Owner's obligations at Owner's cost and expense, without
being liable in any manner for trespass, and shall have a lien
(for the costs and expenses incurred by the Association or the
Declarant) against the Parcel containing the Building Site in the
same manner as a lien for unpaid Assessments hereunder; and/or
(ii) may pursue any other remedies allowed under this Declaration.
c. Anything to the contrary herein notwithstanding,
this Section 5.5 shall not apply to any Parcel in excess of fifty
,
(50) acres in size, except that the Owner of such a Parcel shall
take the necessary remedial action to eliminate any dangerous
conditions arising from such damage or destruction in accordance
with the time periods established in Section 5.5.A. above
Section 5.6 Certification.
Immediately upon completion of
construction of an Improvement, the Owner shall provide the
Committee
with
an
original
certificate
from
a
duly
registered/licensed architect certifying that the Improvement was
constructed in accordance with the Design Plans.
ARTICLE VI
GENERAL COVENANTS
Section 6 1 General
No Improvement of any kind shall be
commenced, constructed, installed, erec ted, or placed wi thin the
Park until the Design Plans for such Improvement shall have been
submi t ted to and approved in wr i t ing by the Commi t tee as more
fully set forth in Article IV of this Declaration. There shall be
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no amendment(s) made to the Design Plans unless and until such
amendment(s) have been approved In writing by tne Committe~ in
accordance with Article IV of this Declaration (except as
otherwise provided in Section 4 4 D nerein)
Section 6.2 Use Regulations The use of the Property (or any
portion thereof) shall be in compliance with the Development
Order, all applicable governmental land use regulations (unless a
variance therefrom has been duly approved in accordance with the
Des ign Cr i te r ia, and by the a ppropr ia te gove rnmenta 1 body), and
the terms of this Declaration, and the use of the Common Areas
shall be in compliance with any rules and regulations adopted by
the Board of Directors, all as may be amended from time to time.
Section 6.3 Drainag~ and Water Retention Drainage and water
retention facilities for each Parcel must conform to the Water
Management Plan, and must be approved by the South Florida Water
Management District. The Water f4anagement Plan has been adopted
by the Dec la rant, and may be amended from time to time by the
Declarant, subject to tne prior approval by the South Florida
~'later Management District. A copy of the Water Management Plan
shall be provided to each Owner upon written request to the
Association.
Section 6.4 Noxious or Offensive Activity. No noxious or
offensive activity, including but not limited to, the use of
firearms, explosives, hazardous protective devises or booby traps,
shall be allowed on any portion of the Property, nor shall an
Owner take any action that is or may become a nuisance or
annoyance to the other members of the Association Activity
incidental to the proper use of a Parcel under Section 6 2 shall
not be considered to be in violation of this Section 6 4
Section 6 5 SUbdivision or Combination of Parcels
No Pa rcel
shall be subdivided (or resubdivided) into two or more Parcels,
and no Parcel shall be combined with another Parcel for purposes
of development, without tne prior written approval of the
Committee, the approval of wnich may be withheld in the sole and
absolute discretion of the Committe~
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Section 6 6 Hazardous Materials The Association and ~ach
Owner must comply witn the Hazardous Materials Contamination
Response Plans, a copy of which shall be provided to each Owner
upon w r i t ten request to the Assoc ia t ion (as mo re fully discussed
in Article XXIII herein)
Section 6 7 Governing Criteria All Improvements within the
Pa rk, as well as the use and 0 pe rat ion 0 f the Pa rcels, shall be
governed by, and in compliance with, the terms of this Declaration
and the Design Criteria
Section 6 8 Rules and Regulations. Each
shall be subject to any rules and regulations
and operation of the Common Areas) adopted
Directors pursuant to the Bylaws
Section 6 9 PUblic Land Use Regulations The minimum
standa rds, rules, and regulations of any appl icable governmental
body, board, agency or the like shall be complied with by each
Owner (subject to Article XXXIII herein). In addition, in the
development, use, and operation of a Parcel, an Owner must comply
with all applicable go~ernmental permits pertaining to the
development, use, and operation of tne Park as a whole, including
those permits issued by governmental bodies, districts, boards,
departments and agencies.
Section 6 10 Notice Any Owner (other than Declarant)
intending to sell or otherwise transfer his Parcel or the
controll ing interest in the Owner (where applicable) shall give
written notice to the Association of such intention within twenty
(20) days after the execution of the document reflecting suCh
Owner and Parcel
(governing the use
by the Board of
intention or, if no written document is involved, within twenty
(20) days after the oral agreement to sell or otherwise transfer
the Parcel or controlling interest Such notice shall include the
name of the proposed transferees and/or assignees
Section 6 11 Insurance In the event that an Owner's use of
his Parcel causes an increase in the cost of insurance for the
Common Areas or any other Parcel, then such Owner shall be
responsible for paying such increase in cost
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Section 6 12 Quantum Park Ground Hater Monitoring plan The
Association and each Owner must comply with the Quantum Park
Ground Water Monitoring Plan dated August, 1987, prepared by
Resource Engineering and Planning, Inc and approved by the South
Florida ~'later Management District, which Monitoring Plan may be
amended by Declarant from time to time subject to the prior
approval by the South Florida Water Management District.
ARTICLE VII
COMMON AREAS
Section 7 I Description
All real property (and Improvements
thereon) owned and/or leased by, or dedicated to, the Association
shall constitute "the Common Areas." The Association shall accept
the appropriate interest in and to all property conveyed, leased
and/or dedicated to it by the Declarant
Section 7 2 Restrictions.
Each Owner shall have a right and
an easement to enjoy and use the Common Areas for the purposes
intended (which right and easement shall be appurtenant to and
shall pass with the title,to every Parcel), subject to
A all provisions and terms of this Declaration and the
Exhibits hereto;
B the rules and regulations adopted from time to time
by the Board of Directors;
C. all restrictions of public record;
D the right of the Association to dedicate or transfer
all or any part of its right, title and interest in the Common
Areas
(0 r
part
thereof)
to
any
PUblic agency,
authority,
governmental body, unit of local government, or utility (in which
event, such property shall no longer be a part of the Common Areas
unless otherwise designated as Common Areas In writing by the
Association and the grantee) ;
E. tne right of the Declarant or the Association to
taKe such steps reasonably necessa ry to protect the Common Areas
against damage
F the right of the Association to properly maintain,
repair, and improve the Common Areas
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G the rights and easements of other Owners ~n and to
the Common Areas
H the rights of the general Public to use for the
purposes intended all roadways and streets that are a part of the
Common Areas.
I. the right of the Declarant and/or the Association to
enter into agreements with "outside owners" for purposes of
allowing such "outside owners" to use the Common Areas (or a part
thereof)
for
the purposes
intended.
For purposes of this
Declaration an "outside owner" shall mean a Person that owns land
that is not a part of the Property
ARTICLE VIII
HELIPAD/HELIPORT
The Association hereby reserves the right to construct and
install a helipad or heliport or related facility (collectively
referred to as "helicopter facility") within the Common Areas.
operating, repairing, and improving the
J
well as all costs assoc ia ted wi th the
installing, maintaining,
helicopter facility, as
licensing and permitting
All costs associated with constructing,
thereof, shall be assessed as a part of the Common Expenses.
However, anything to the contrary herein notwithstanding, no
portion of the Common Expenses attributable to the helicopter
facili ty shall be assessed against any Parcel in excess of fifty
(50) acres in size, unless the Owner thereof notifies the
Association that said .Owner elects to waive its exemption rights
under this Article VIII, in which case said Parcel shall then
become subject to its share of the Common Expenses attributable to
the helicopter facility. Unless and until the Owner of a Parcel
in excess of fifty (50) acres elects to waive its exemption rights
under this Article VIII, such Owner shall have no right to use the
helicopter facility. In the event that the licensing and/or
permi tting process requires the consent of any Owner, each Owner
hereby appoints the Association to act as the Owner's agent
throughout the licensing and/or permitting process, and agrees to
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execute the necessary application and/or consent forms requir~d by
tne licensing and/or permitting authorities
ARTICLE IX
MAINTENANCE, ALTERATIONS AND IMPROVEMENTS
Section 9 1 As to Common Areas.
A.
Association's Responsibility
Except as otherwise
provided in this Article IX, the Association shall be responsible
fo r the ma intenance, repa i r, replacement, and improvement of the
Common Areas and suCh expenses (except as otherwise provided in
this Declaration) shall be treated as and paid for as a part of
the Common Expenses.
However, should the need for maintenance,
repa i r, replacement, 0 r improvement be caused by the negl igence
of, or misuse by, an Owner, his Lessee(s), guests, or invitees,
said Owner shall be solely responsible for the costs of suCh
maintenance, repair, replacement, and/or improvement; and, the
Association shall have a lien against such Owner's Parcel in the
amount of such costs, which may be foreclosed in the same manner
as a mortgage against rea1 property
B.
Maintenance Contracts
The Association may enter
into a contract with any Person for the management, operation,
and/or maintenance of the Common Areas,
and/or any portion
thereof, and may delegate to suCh Person all the powers and duties
of the Association, except as otherwise prohibited under the
Declaration, the Bylaws or Articles of Incorporation, and/or the
laws of the State of Florida
Sect ion 9 2 As to pa reels.
Except as otherwise provided in
this Declaration, eaCh Owner shall have the obligation,
at his
sole cost and expense, to maintain his Parcel in a safe, clean and
attractive condition at
all
times,
in accordance with
the
aesthetic standards established for the Park
In this regard, the
Owner
shall
comply
with
this
Declaration,
the
Rules
and
Regulations adopted by the Board of Directors, and the Design
Criter1a, and shall be obligated to operate its drainage and water
~anagement system 1n a manner that complies with the Park's
drainage and water management system
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Section 9 3 As to Outside Land
A General The Association has the authority to
maintain, repair, replace and improve (i) land that is not a part
of a pa rcel 0 r a pa rt of the Common Areas, and/o r (i i) land tha t
is not included within the Property, collectively the "outside
land," pursuant to an agreement(s) with the owner(s) of said
outs ide land. In connect ion with such ag reement (s) the
Association is authorized to provide the owner of the outside land
with sufficient insurance and/or indemnification to protect such
owner against any loss, cost, damage or expense arising out of
sa id ag reement. The expenses incurred by the Assoc iation under
such ag reements (s) shall be deemed to be a pa rt of the Common
Expenses.
B. Street Lighting
(i) The Association has the authority to enter into
an ag reement (s) with the Ci ty rega rd ing the st reet 1 ight i ng on
N.W. 22nd Avenue and/or High Ridge Road (north of N.W. 22nd
Avenue) . Pursuant to such ag reement (s) the Assoc iation would be
responsible for all or ci part of the costs associated with the
maintenance and repair of such street lighting. With respect to
said agreement(s), the Association is also authorized to agree to
reimourse the Ci ty fo r the inc rease in the cost of insurance to
the City caused by locating the street lighting within the median
of the above-referenced roads.
(ii) In the event that the Association fails to
comply wi th its payment obI iga t ions unde r any ag reement entered
into with the City under this Sect ion 9 3. B , each Owne r he reby
agrees to contribute to the City his "proportionate share" of such
payment Obligations (eaCh Owner's "proportionate share" being
determined in accordance with the formula described in Section
10.2 of this Declaration) If an Owner fails to contribute his
proportionate share of such payment obligations within ten (10)
days after receipt of written notice from the City, then the City
shall have a lien against such Owner's Parcel in the amount of
(a) tne Owner's proportionate share of the Association's payment
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obligations, (b) interest thereon (from the date of the notice) at
the highest ra te allowed by law, and (c) reasonable at to rney' s
fees and other administrative costs incurred by the City in
enforcing its rights against such Owner.
The City shall have the
right to foreclose such lien in the same manner as a mortgage
against real property
(iii)
Specific
reference
to
a
street
lighting
agreement under thIS Section 9 3.B. shall not in any way limit the
Association's authority under Section 9 3.A. above
C
N W 22nd Avenue
It is contemplated by appropriate
governmental bodies and agencies that N W. 22nd Ave. will be
widened in the future to a 6-lane section
At such time as
N W. 22nd Ave. is so widened, the curbing and landscaping located
within the pUblic right-of-way abutting the Property shall be
removed by the Association, at the Association's cost and expense.
Section 9 4 Sand Pine Preserve Areas
Anything to the
contrary herein notwithstanding, the areas designated as sand pine
preserve a reas in the Ecolog ical Plan and the areas otherwise
required by the Treasure. Coast Regional Planning Councilor the
City to be preserved as sand pine preserve areas, shall be
ma inta ined, repa ired, replaced, and improved in acco rdance wi th
Article XVII hereunder.
Section 9 5 Platted Streets.
Streets and roadways dedicated
to the Association pursuant to a plat or plats of the Property (or
a portion thereof) duly recorded in the Public Records of the
County, shall be maintained by the Association in accordance with
the City's standards for maintaining pUblic streets and roadways.
Section 9 6 Inspection by Association
Each Owner Shall
allow the Board of Directors
(and the Board's agents and
employees) to enter upon his Parcel for the purpose of inspecting
same to determine if there are any factors or other matters
threatening the Property (or any portion thereof) and/or to
determine if the Owner and his Parcel are In compliance with the
provisions of this Declaration and the EXhibits hereto
Except in
the case of a bona fide emergency, such entry shall be made at
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reasonaole times and with reasonable advance notice
The rignt of
entry and inspection granted under this Section shall not apply to
that part of a Parcel that is located within the confines of a
safety fence surrounding an electrical substation owned oy a
pUblic utility company
Section 9.7 Declarant's Right to Enter.
'l'he Declarant and
its designees, shall be entitled to enter upon any Parcel for
purposes
of
constructing,
installing,
altering,
repa iring,
replacing and/or relocating utility, communications, and security
lines, cables, wires, pipes, and other utility, communications and
security
facilities:
provided,
howeve r ,
that
in such event
Declarant shall fully restore and repair the Parcel from the
effects of SUCh actions.
Section
9.8 Insurance
Proceeds.
Whenever
an
Owner
is
responsible for any loss or costs covered by insurance maintained
by the Association, the proceeds of the insurance received by the
Association for such loss or costs shall be used for the purpose
of the necessary maintenance, repair or replacement, and such
Owner shall be required, to pay all of the costs thereof that
exceed tne amount of the insurance proceeds
ARTICLE X
ASSESSMENTS
Section 10 1 Applicability to Parcels.
Commencing as of the
date that this Declaration is recorded in the Public Records of
the County, each Parcel (except as provided in Section 10 9
herein), shall be subject to Assessments as more specifically
provided for in this Declaration and the Bylaws, respectively. No
Owner may waive or otherwise escape liability for Assessments
provided for herein by non-use of any of the property or services
within or outside the Park, except as specifically provided in
this Declaration
Section
10 2 Uniform
Rate
of
i\-laste r
Assessments.
All
Assessments shall be at a uniform rate for each acre (and portion
tnereof) of each Parcel (not otherwise exempt under Section 10 9
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below) in the Park. All Assessments shall be borne
proportionately by each Owner based upon the number of acres (and
po rtion thereof) wi thin h is Parcel in relationsh ip to the
aggregate number of acres (and portion thereof) within all Parcels
in the Park. In determining the aggregate number of acres (and
portion thereof) within all Parcels in the Park, the exempt
property described in Section 10.9 below shall be excluded
Section 10.3 Amount and Use. The Regular Assessments and
other charges collected by the Association shall be in an amount
sufficient to pay all costs, expenses, and liabilities incurred by
the Association, including but not limited to costs, expenses and
liabili ties incur red in regards to (a) the administration,
maintenance, installation, repair, replacement, and operation of
the Common Areas and other property for which the Association is
responsible hereunder, (b) the administration and operation of the
Association, (c) carrying out the purposes and duties of the
Association, and (d) obligations for the payment of property taxes
and assessments against and insurance coverage for the
Association's property, le~al and accounting fees, security costs,
management fees, utili ties used upon the Common Areas, cleaning
services, expenses and liabilities incurred by the Association in
the enforcement of its rights and duties against Owners or others,
the creation of reasonable reserves, and all other expenses deemed
by the Board of Directors to be necessary and proper for
management, maintenance, repair, operation, administration and
enforcement. Any portion of the Assessments and other charges
remaining after the disbursements required hereby shall be used
for the promotion of the peace, health, safety, or general welfare
of the Park.
Section 10 4 Special Assessments.
A. The Association, through its Board of Directors,
shall also have the power and authority to levy and collect
Assessments designated as Special Assessments for the following
purposes the acquisition of property directly benefitting the
Park i the construction, reconstruction, unexpected repair or
-24-
0862P
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replacement of a capital improvement, including th~ necessary
fixtures and personal property related thereto, the payment of the
sums necessary to idemnify each Director and Offic~r of the
Association in accordance with the terms of this Declaration and
the Exhibits attached hereto~ and the payment of other costs,
expenses, and liabilities not anticipated at the time of the
adoption of the annual budget
All notices of Special Assessments
from the Association to the members shall designate the date when
the Special Assessment is due.
B.
The Association may
levy an
emergency Special
Assessment when,
in the sole determination of the Board of
Directors, there is potential danger of damage to Persons or
pro pe rty .
SuCh emergency Special Assessments may be utilized to
pay
for
preventative,
protective
or
remedial
construction,
reconstruction,
improvements,
repairs or replacements
Events
justifying emergency Special Assessments include, but are not
limited to, hurricanes, floods, and fires
Emergency Special
Assessments shall be collectible from Owners in such manner as the
Board of Directors shall ~etermine
Section 10.5 Due Dates.
The Assessments shall be due and
payable on the date or dates fixed by the Board of Directors as
the due date, and SUCh Assessments shall be payable in advance in
monthly,
quarterly,
semi-annual
or
annual
installments,
as
determined by the Board of Directors.
Sect ion 10.6
Certificate
The Association shall,
upon
demand at any time, furnish to any Owner liable for a particular
Assessment, a certificate in writing signed by an officer of the
Association, s~tting forth whether said Assessment has been paid
Such certificate shall be conclusive evidence of payment of any
Assessment therein stated to have been paid
Section 10 7 Lien Rights
All Assessments, together with
interest thereon from the due date at the maximum rate allowed by
law, and the cost of collection thereof (including reasonable
attorneys'
fees and
administrative charges
incurred by
the
Association), shall constitute a continuing lien on the Parcel
-25-
08621'
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that snall cind sucn Parcel in tne hands of tne Owner, nis heirs,
devisees, personal representatives, successors and/or assigns, and
shall also be the continuing personal obligation of the Owner of
the Parcel. A Claim of Lien pertaining to said lien, stating the
description of tne Parcel, the name of the Owner, the amount due,
and tne due date may be recorded in the PUblic Records of the
County by the Association at such time as an Assessment is not
paid when due.
Section 10 8 Enforcement of Lien Through its Board of
Directors the Association may bring an action to foreclose the
Claim of Lien against the Parcel in like manner as a foreclosure
of a mortgage on real property, and/or bring a suit on the
personal obligation against the Owner, and tnere shall be added to
the amount owed, the cost of preparing and filing the complaint in
such action (including reasonable attorneys I fees), and in the
event a judgment is obta ined, such judgment shall also include
interest on the obligation as above provided, the cost of
collection (including reasonable attorneys I fees incurred in the
action), and the costs of .tne action.
Section 10 9 Proviso.
A. Anything to the contrary herein notwithstanding, the
following Parcels shall be exempt from the Obligation to pay
Assessments hereunder
(1) Any Parcels owned by Declarant that are
designated as sand pine preserve areas in the Ecological Plan (as
may be amended from time to time), or any Parcels owned by
Declarant that are required by the Treasure Coast Regional
Planning Councilor the City to be preserved as sand pine preserve
areas.
(2) That certain Parcel designated as Lot 51-B in
that certain Quantum ParI< at Boynton Beach, P I D Plat No.4,
recorded in Plat Book 57, at pages 186 through 188, inclusive, in
the PUblic Records of the County, but said Parcel shall be exempt
hereunder only for so long as said Parcel is held for use by
Florida Power & Light Company as an electrical sUbstation
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(3) Any Parcel owned by the Association
B. When an Institutional Mortgagee or other Person
becomes an Owner upon the foreclosure of the mortgage owned by the
Instltutional Mortgagee or as a result of a deed given in lieu of
foreclosure of such mortgage, such Institutional Mortgagee or
other Person (and their successors and assigns) shall not be
liable for the unpaid share of Assessments attributable to the
subject mortgaged Parcel which became due prior to the acquisition
of title of the mortgaged Parcel by such Institutional Mortgagee
or other Person as a result of the foreclosure, or deed in lieu of
foreclosure, unless the unpaid share of the Assessments is secured
by a claim of lien for Assessments that was recorded prior to the
recording of the subject mortgage owned by the Institutional
Mortgagee.
The unpaid share of Assessments that is subordinated
under this Section 10.9.B. shall constitute a part of the Common
Expenses collectible from all of the Owners,
including such
Institutional Mortgagee or other Person.
Except as otherwise
provided in this Section 10 9.B., an Institutional Mortgagee (or
other Person) becoming an Owner upon the foreclosure of the
mortgage owned by the Institutional Mortgagee or as a result of a
deed in lieu of the foreclosure thereof (and their successors and
assigns) shall be liable for assessments in the same manner as all
other Owners in the Park.
ARTICLE XI
EASEMENTS
Sect ion
11.1 Easement
Rights
of
Declarant.
Declarant
reserves unto itself,
its designees, successors and assigns,
.
perpetual easements over, upon, ac ross, under, and/or through the
Property (or any portion thereof), at any time, without the need
for any joinder, ratification or consent by the Association, any
Owner, or any lienholder,
provided,
that said easements so
reserved shall not (i) materially interfere with the uses for
which the Property or any portion thereof are intended and/or
(ii) create an unreasonable safety hazard
If requested, the
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Assoc ia t ion, Owne rs and/o r 1 i enho Id ers shall jo in In documents
specifically describing the easements reserved hereunder for
purposes of evidencing same It is understood that such easements
may be used at Declarant's, (or its designee's, successor's, or
assigns') option for any purpose, including, but not limited to,
constructing, installing, using, maintaining, repairing,
inspecting, extending and/or replacing any and/or all
improvements and systems related to the Park and/or the
Development Order; fac il i ties reasonably necessa ry to service 0 r
market the Park; monitoring wells; electric, gas, water, sewer,
security, drainage, irrigation, and all utility systems
(including, but not limited to, telephone, radio, cable
television, satellite master antenna television, cable
distribution, and all communications systems); landscaping and
water areas; pedestrian access; and/or loading operations. In
addition, such easements reserved hereunder may be used for
purposes of dredging any lakes and/or water management tracts
within the Park; for hauling any fill, dirt, or other materials
arising from the development of the Park; and for harvesting sand
from sand pine areas and for forming additional sand pine preserve
areas.
SectIon 11 2 Easement Rights of Association. The Association
shall have the power, through its Board of Directors, to grant to
any Person perpetual easements over, upon, under, across and/or
through the Common Areas, in its own name and without the joinder
or approval of any Owner or lienholder, provided that said
easements so created shall not materially and permanently
interfere with the uses for Which the Common Areas or any portion
thereof are intended.
Section 11.3 Easement Rights of Institutional Mortgagees An
easement is hereby granted to each Institutional Mortgagee for the
purpose of access to the property subject to its mortgage
Section 11 4 Persons Bound; Beneficiaries The easements set
forth In this Article XI shall run with the land and shall be
binding upon every Owner and every claimant of the Property or any
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portion thereof or of any interest therein, and their respective
heirs,
executors,
administrators,
personal
representatives,
successors and assigns and all Persons claiming by, through or
under such Persons
No action shall be taken that would
significantly
interfere with
the easement
rights set forth
herein Should the intended creation of any easement fail for any
reason, then any such easement deemed not to be so created shall
nevertheless be considered as having been granted directly to the
Association for the purpose of allowing the original party or
parties to whom the easements were originally granted or reserved
the benefit of such easement, and the Owners designate the
Declarant and/or Association as their lawful attorney in fact to
execute any instrument on their behalf as may hereafter be
required or deemed necessary for the purpose of creating or
reserving such easement(s)
ARTICLE XII
OBLIGATIONS OF OWNER
Each Owner,
by becoming such, agrees that he shall be
personally responsible for the payment of all obligations that may
become liens against his Parcel pursuant to this Declaration
Further, the amount of any lien granted to the Declarant and/or
Association hereunder shall include, but not be limited to, the
costs of enforcing the lien (including, but not limited to
reasonable attorney's fees), and each such lien may be foreclosed
in the same manner as a mortgage against real property. Further,
in the event that an Owner owns more than one Parcel, a lien under
this Declaration against any Parcel (the "Liened Parcel") owned by
said Owner shall also constitute a lien against all other
contiguous Parcels owned by said Owner as long as anyone of such
Parcels is contiguous to the Liened Parcel.
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ARTICLE XIII
STATUS AND WAIVER
Sect ion
13 1 Covenants
The
terms
contained
in
this
Declaration shall be construed as covenants running with the land
and shall inure to the benefit of and be enforceable by the
Declarant, the Association (which shall De deemed the agent for
all of its members for such purposes), and by any Owner or Owners
S ec t ion 13 . 2 Wa i v e r .
The failure of any Person to enforce
any covenant 0 r obligation herein contained shall in no event be
deemed a waiver by that or any other Person of its rights to
thereafter enforce the same.
No liability shall attach to the
Declarant or an Owner for failure to enforce such covenants or
obligations.
ARTICLE XIV
REMEDIES
Section
14.1 Rights
of
Declarant
and
Association
for
Violation by Owner.
In the event that an Owner violates or
threatens to violate a~y provision of
(i) this Declaration,
(ii) the Rules and Regulations adopted by the Board of Directors,
(iii) the Design Criteria, and/or (iv) other rules, restrictions,
regulations, and criteria adopted by the Board of Directors or the
Declarant in accordance with this Declaration, the Association
and/or Declarant shall have the right to
A seek any available relief in law and/or equity,
including but not limited to, damages and injunctive relief; and/or
B
after five (5)
days prior notice to the Owner
(except in an emergency, when no notice shall be required), enter
(or designate the proper Person or Persons to enter) upon the
Owner's Parcel and/or any part of the Common Areas and summarily
abate, cure, and/or remove any such violation without being liable
for any manner of trespass; and/or
C.
Charge
the
Owner
for
all
costs
and
expenses
(includ ing,
but not limited to,
reasonable attorneys'
fees)
incurred by the Association and/or Declarant in seeking and/or
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enforcing any of the remedies provided for herein, which charge
shall constitute a lien against the Owner's Parcel in the same
manner, and with the same enforcement rights, as the lien for
unpaid Assessments described in Article X herein.
Section
.
14 2
Rights
of
Declarant
for
Violation
by
Association
In the event that the Association (i) fails to meet
the maintenance standards established hereunder, (ii) makes or
approves any unauthorized Improvements, (iii) fails to properly
carryout its duties, or (iv) otherwise acts in violation of this
Declaration or the Exhibits hereto or any rules, regulations,
restrictions, and criteria adopted by the Board of Directors or
the Declarant in accordance with this Declaration, Declarant,
after five (5) days prior notice to the Association, shall have
the right to:
A. enter upon the Property as agent for the Association
(which agency is coupled with an interest) and remedy the
violation, without being liable for any manner of trespass; and/or
B. enforce the Association's obligations through any
available legal and/or equitable action; and/or
,
c. seek any other remedy available in law and/or
equity; and/or
D. be reimbursed for all costs and expenses (including,
but not limited to, reasonable attorneys' fees)
incur red by
Declarant in seeking and/or enforcing any of the remedies provided
for herein.
Section 14.3 Rights of Owners for Violation by an Owner or
Association.
In the event that an Owner (s) or the Assoc iation
violates
or
threatens
to
violate
any
provision
of
this
Declaration, or any rules and regulations adopted by the Board of
Directors in accordance with this Declaration, any Owner (or group
of Owners) may seek any remedy available in law and/or equity
Section 14.4 Attorney's Fees.
In the event that attorney's
fees are incurred in any level of litigation arising under this
Declaration (including, but not limited to, trial and appellate
proceedings) ,
the
prevailing
party
shall
be
entitled
to
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reimbursement from the other party (or parties) to the litigation
for the costs and reasonable attorney's fees incurred by the
prevailing party.
ARTICLE XV
DURATION
This Declaration, as amended, shall continue in full force and
effect against the Property and the Owners thereof until
January 1, 2017, and shall, as then in force, be continued
automatically, and without further notice, from such date for
periods of ten (10) years each, without limitation, unless at
least six (6) months prior to January 1, 2017, or at least six (6)
months prior to the expiration of any successive ten-year period,
a termination of this Declaration, approved by the City, shall
have been recorded in the Public Records of the County (or other
proper pUblic
recording office).
Said termination of this
Declaration must be executed and acknowledged by the President (or
Vice-President) and Secretary (or Assistant Secretary) of the
Association, and must be approved by the affirmative vote of
I
(i) at least two-thirds (2/3) of the Board of Directors, at least
seventy five percent (75%) of the Voting Rights in the Park, and
the City, or (ii) at least eighty five percent (85%) of the Voting
Rights in the Park, and the City
In the event that this
Declaration is terminated under this provision, or any other
provision or Article contained herein, a similar Declaration shall
be executed and recorded in the Public Records of the County, if
necessary
to
insure
a
continuation
of
the
operational,
administrative,
and
maintenance
services
performed
by
the
Association hereunder.
Declarant shall have no obligations or
liabilities with respect to, or arising from, the termination of
this Declaration.
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ARTICLE XVI
INSURANCE
Section 16 1 Liability Insurance The Board of Directors
shall obtain pUblic liability and property damage insurance
covering all of the Common Areas and insuring the Association, the
Board of Directors, and the Owners as its and their interests
appear, in such amounts as the Board of Directors may determine
from time to time. If possible, all liability insurance shall
contain cross-liability endorsements to cover liability of the
Owners as a group to an Owner.
Section 16 2 Casualty Insurance. The Association shall
obtain fire and extended coverage insurance, flood insurance, if
available, and vandalism and malicious mischief insurance,
insuring all the insurable improvements within the Common Areas
and all personal property owned by the Association, in and for the
interests of the Association, all Owners and their mortgagees, as
their interests may appear, in an amount equal to the maximum
insurable replacement value of said improvements and personal
property as determined anpually by the Board of Directors.
Section 16.3 Workmen's Compensation Policy. The Association
shall obtain a Workmen's Compensation Policy in an amount
sufficient to meet the requirements of law
Section 16.4 Other Insurance. The Association shall obtain
such other insurance as the Board of Directors may determine from
time to time to be desirable.
Section 16.5 Individual Liability Insurance. Each Owner
shall be responsible for purchasing at his own expense all
insurance applicable to his Parcel and the operation of his
business thereon. Such insurance, where applicable, shall contain
the same waiver of subrogation, if available at a reasonable cost,
as referred to in Section 16.6 hereinafter.
Section 16 6 Waiver of SUbrogation If available at a
reasonable cost, and where applicable, the Board of Directors
shall endeavor to obtain policies which provide that the insurer
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waives its rights of subrogation as to any claims against Owners,
the Association, and their respective servants, invitees, agents
and guests
Sect ion
16 7 Insurance
Regarding Outside
obtain and maintain
Land. The
Association is authorized to
necessa ry to comply with
Section 9.3 herein.
the insurance
any agreement entered
into under
ARTICLE XVII
ECOLOGICAL PLAN AND SAND PINE PRESERVE AREAS
Section 17 1 General.
Each Owner and the Association shall abide by and comply
with the Ecological Plan, a copy of which shall be delivered to
each Owner upon written request to the Association. The
Ecolog ical Plan may be amended f rom time to time by Decla rant,
subject to the prior written approval of the City and other
governmental entities as may be required by the Development Order.
Section 17.2 Sand Pine Preserve Areas.
A. Declarant's.Rights and Obligations
1. Obligations. Declarant shall
for performing the Obligations specifically set
Ecological Plan as being the obligations of Declarant
2. Rights The Decla rant expressly reserves the
right to convey, lease, and/or develop, for industrial, office, or
commercial purposes, any areas that are owned by Declarant and
designated as sand pine preserve areas in the Ecological Plan,
subject to the prior written approval of the City and other
governmental entities as may be required by the Development
Order. In the event that such sand pine preserve areas are
developed for industrial, office, or commercial purposes, SUCh
Pa reel 0 r Pa reels shall be assessed, and shall be ma inta ined by
the Owner thereof, in the same manner as other Parcels in the Park
B Association's Obligations Except as provided in
Sect ion 17 2 A above, the Assoc iat ion shall be res pons ible fo r
operating, maintaining, administering, repairing, and improving
be responsible
forth in the
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any areas owned by Declarant within the property that ar~
designated as sand pine preserve areas in the Ecological Plan and
any areas owned by Declarant within the Property that are reauired
by the Treasure Coast Regional Planning Councilor the City to he
preserved as sand pine preserve areas, and the costs thereof shall
be deemed to be a part of the Common Expenses.
C.
Certain Owner's Obligations
Areas with in certa in
Parcels are designated as contingency areas under the Ecological
plan, and other areas within certain Parcels are required by the
Treasure Coast Planning Councilor the City to be preserved as
sand pine preserve areas, and the Owne r of such a Pa rcel shall
have the responsibility for preserving and maintaining such areas
accordingly.
This Section 17.2.C. shall not apply to Parcels
owned by Declarant, as such Parcels are to be maintained and
preserved in accordance with Sections l7.2.A and l7.2.B above
Section
17 3 Swamp and Freshwater MarSh Habitat/Wetlands
Surface Water Management System.
A. Declarant's Obligations.
1 Tne Declarant shall establish or preserve (a) a
vegitated littoral zone of hardwood swamp and freshwater marsh
habitat, (b) a wetland habitat, and (c) a buffer zone of native
upland vegetation around wetland and deepwater habitats which are
const ructed 0 r prese rved by Decla rant wi th in the Pa rl<, all in
accordance with the Development Order.
2. Upon the establishment of the habitats in (a)
and (b) above, Declarant shall implement a 2-year monitoring/
maintenance program to determine the success and survival rates of
the planted areas
The monitoring shall occur twice annually
during this 2-year period, and the maintenance shall occur as
often
as
necessary
d u ring
tnis
2-year
pe r iod
to
control
encroachment of pest exotic species.
In the event that an 80%
survival rate of the planted wetland species is not aChieved at
the end of tne 2-year period, additional planting shall oe
undertaken by Declarant to achieve the required survival rates
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3 The Declarant's obligations herein may be
changed upon written agreement by and among the Declarant, the
City, and other governmental entities as may be required by the
Development Order.
B. Assoc iat ion's Obl iga t ions. Except as prov ided In
Section 17 3. A above, the Assoc iat ion shall be responsible fo r
operating, maintaining, administering, repairing and improving the
vegitated littoral zone of hardwood swamp and freshwater marsh
habitat within the Common Areas, the wetland and deepwater
habitats (and buffer zones of natural upland edge vegetation
around same) within the Common Areas, and the Park's surface water
management system within the Common Areas
ARTICLE XVIII
CONVEYANCE FOR PUBLIC USE
Anything to the contrary herein notwithstanding, the
Association has the absolute right to dedicate or convey, for
public use, its right, title and interest in and to any portion of
the Common Areas. The portion of the Property so dedicated or
conveyed hereunder may be maintained by the appropriate
governmental body or by the Association. If the dedicated or
conveyed property is to be maintained by a governmental body, the
governmental body shall have a right of access to such property
for purposes of maintaining said property.
ARTICLE XIX
INTERNAL SECURITY FORCE
An internal security force ("Security Force") will be
established within the Park by the Board of Directors The
Security Force shall be governed by rules and regulations adopted
by the Board of Directors, and shall work in cooperation with the
City of Boynton Beach Police Department ("Police Department").
The Security Force and the Police Department shall be entitled to
use the Association's principal office within the Park (or, iE so
designated by the Association, a private, centrally-located
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security facility building within the Common Areas) as the Park's
security
facility
("security
f ac i 1 i t Y ") ,
for
purposes
of
coordinating security efforts between the Security Force and the
Police Department.
All expenses incurred by the Association in
connection with this Article XIX shall be deemed to be a part of
the Common Expenses; provided, however, that any Owner of a Parcel
in excess of fifty (50) acres that maintains its own security
force ("private security force") for its Parcel shall not be
required to contribute to the expenses incurred by the Association
in connection with this Article XIX, as long as such private
security force has been approved in writing by the Board of
Directors.
A private security force shall be approved by the
Board of Directors when such private security force protects and
secures the Owner's Parcel in a manner at least equal to that of
the Park's Security Force
The Security Force shall not enter
upon a Parcel that maintains an approved private security force,
except in the case of a bona fide emergency
ARTICLE XX
AMENDMENT
Section
20.1 General
Procedure.
Except
as
otherwise
specifically provided in this Declaration, any of the terms and
provisions in this Declaration may be amended or deleted, and/or
new terms an.d provisions may be created, by an amendment to this
Declaration approved by the affirmative consent of sixty-five
percent (65%) of the voting Rights in the Park, except that an
amendment
chang ing
the
method
of
sharing
the
payment
of
Assessments under Section 10.2 herein must be approved by an
affirmative consent of one hundred percent (100%) of the voting
Rights in the Park
The amendment shall be evidenced by a
Certificate of Amendment executed with the formalities of a deed
The Certificate of Amendment need only be executed by the
President or Vice President of the Association and attested by the
Secretary or any Assistant Secretary of the Association unless
otherwise provided in this Declaration, and shall include the
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recording data identifying this Declaration and a certification
executed by such Officer and attested by such Secretary attacned
thereto certifying that the amendment was made in accordance with
the terms of this Declaration
Sect ion
20 2 Proviso.
Anything
to
the cont ra ry he re in
notwithstanding
A. Th is Decla ra t ion may be amended by Decla rant at any
time without the joinder,
ratification or approval of
the
Association, any Owner, or any lienholder, where such an amendment
is specifically provided for in this Declaration,
and,
in
addition,
fo r the
purpose of
(i) submitting and subjecting
additional lands to the terms of this Declaration as set forth in
Article XXI below, and/or (ii) changing the name of the Park.
Such Amendment, which shall be recorded in the Public Records of
the County,
need be executed and acknowledged only by the
Declarant with the formalities of the execution of a deed, and
shall include reference to the recording information identifying
this Declaration: and no Certificate of the Association shall be
required
B. Unt il the Decla rant spec if ically elects in wr i t ing
to terminate this right of consent, all amendments to this
Declaration must be consented to in writing by Declarant, and in
the absence of such consent the Amendment shall be null and void
C. Until the City of Boynton Beach specifically elects
in writing to terminate this right of consent, any amendment to
Section 9.3.B. herein must be consented to in writing by the City
of Boynton Beach, and in the absence of such consent the Amendment
shall be null and void
D Until the South Florida Water Management District
specifically elects in writing to terminate this right of consent,
any amendment affecting the Park's surface water management system
must be consented to in writing by the Soutn Florida Water
Management District, and in the absence of such consent the
Amendment shall be null and void
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ARTICLE XXI
ADDITIONAL LANDS
Declarant shall
have
the
right to submit and subject
additional land or lands and all improvements thereto and thereon
("Additional Landll),
to all or some of the terms of this
Declaration by recording in the Public Records of the County an
instrument which shall (1) be executed by the Declarant and all
record owners of the Additional Land with the formalities of a
deed, (2) specify which terms of the Declaration are to apply to
such Additional Land, (3) make reference to this Declaration, and
(4) contain a legal description of the Additional Land. The
Add it ional Land need not be a part of the land subj ect to the
Development Orde r, and need not be zoned as a Planned Ind ust rial
Development D ist r ict.
Declarant shall have the right to submit
and subject such Additional Land to the terms of this Declaration
as often as it chooses to do so, in its sole and absolute
discretion, and without the joinder, ratification or approval of
the Association, any Owner or any lienholder. Upon the submission
and
subjection of Additional Land to
the terms of
this
Declaration, such land shall be deemed to be a part of the
Property and the owners of the Additional Land shall be entitled
to enforce the terms of this Declaration, and shall likewise be
subject to the terms hereof, as though all of the Additional Land
were submitted and subjected to the terms of this Declaration when
the Declaration was originally recorded.
Declarant shall comply
with applicable governmental land use regulations with respect to
actions taken under this Article
ARTICLE XXII
RIGHTS APPURTENANT TO LOT 55
Anything in this Declaration (and the Exhibits hereto) to the
contrary
notwithstanding,
the
following
rights
shall
be
appurtenant to that certain Parcel designated as Lot 55, according
to that certain Quantum Park at Boynton Beach, P I D Plat No 5,
r~corded in Plat BooK 57, at pages 139 and 190, in the Public
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~ecords of the County ("Lot 55"), only for so long as the
"original Owner" (defined below) of said Lot 55 is the Owner of
said Lot
A. For purposes of this Article XXII, the "original
Owner" of Lot 55 Shall be the first Owner of Lot 55 subsequent to
Declarant.
B. The original Owner of Lot 55 shall be entitled to
use said Lot 55 as a grocery distribution center without being in
violation of this Declaration or the Exnibits hereto (subject to
applicable public land use regulations)
C. The original Owner of Lot 55 shall be entitled,
unless otherwise precluded by law, to select one (1) member of the
Board of Directors at all times, and to select the replacement for
such member in the event that such member selected by such
original Owner vacates, for any reason, his or her position as a
member of the Board of Directors
D. The rights granted under this Article XXII shall not
be modified or changed without the express written consent of the
original Owner of Lot 55. .
E At such time as the original Owner of Lot 55 is no
longer the Owner of said Lot 55, the provisions of this Article
XXII Shall be null and void
ARTICLE XXIII
HAZARDOUS WASTE/HAZARDOUS MATERIALS CONTAMINATION RESPONSE PLANS
A. Each Owner that uses, handles, stores, or displays
hazardous materials or generates hazardous waste (which shall
consist of the 129 priority pollutants, volatile organics, and
trace materials referred to in tne Clean Water Act, administered
by the Environmental Protection Agency, as amended from time to
time) must
(i) construct
an
appro pr ia te
spill
containment
system, des igned to ho Id s pi lled ha za rdous mate rials fo r cleanup
and to prevent such materials from entering the storm water
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drainage system,
and serving all structures or areas where
hazardous materials are used, handled, stored or displayed, or
where hazardous waste is generated~ and,
(ii) develop an early warning monitoring program~
and,
(iii)
remediate any contamination
The containment system and monitoring program shall be approved by
the South Florida Water Management District and the Department of
Environmental Regulation.
B. To the extent appl icable, the Assoc iat ion and each
Owner shall comply with the terms of the Hazardous Materials
Contamination Response Plans (as amended from time to time by the
Declarant with the City's prior written approval, in consultation
with the South Florida Water Management District, the Palm Beach
County
Emergency
P repa redness
Division,
the
Depa rtment
of
Environmental Regulation, and the Treasure Coast Regional Planning
Council).
A copy of the Hazardous Materials Contamination
Response Plans shall be delivered to an Owner upon written request
to the Association
C Each Owner hereby indemnifies and agrees to hold the
Association, the Declarant, and the members of the Committee, and
the i r respect ive successo rs, he i rs and ass igns ha rmless f rom and
against any loss, claim, liability, and/or damages (including, but
not limited to, costs and attorneys'
fees)
incurred by the
indemnified party as a result of any action, suit, investigation,
or proceeding pertaining to or arising from the indemnifying
Owne r' s use, sto rage, handl ing, release, 0 r introduct ion into the
environment,
of
any
hazardous
waste,
hazardous
materials,
regulated chemicals, or other regulated substances.
D. The Association shall have the authority to purchase
the insurance necessary to help protect the Association (and named
additional
insureds)
f rom any loss,
claims and/or liability
pertaining to or arising from an Owner's (or Lessee's) use,
storage, handling, release, or introduction into the environment,
of any hazardous waste, hazardous materials, regulated chemicals,
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or other regulated substances, and shall have the authority to
name the Declarant and/or the members of the Committee, and their
respective successors, heirs and assigns as additional insureds.
The cost of such insurance shall be deemed to be a part of the
Common Expenses.
ARTICLE XXIV
NOTICE
Any notice or other communication to an Owner (other than
Declarant) shall be deemed properly given only when mailed in the
U.S mail or hand delivered to the address of the Owner as set
forth in the Association's files.
It shall be the Owner's
responsibility to keep his address current with the Association.
Any notice or other communication to Declarant shall be deemed
properly given only when mailed in the U S. mail, registered mail
or certified mail, return receipt requested, to the Declarant at
2455 East Sunrise Avenue, Suite 1106, International Building, Fort
Lauderdale, Florida 33404, or such other address provided by
Declarant to the Owners a~d the Association. Any notice or other
communication to the Association shall be deemed properly given
only when mailed in the U S. mail, registered mail or certified
mail, return receipt requested, or hand delivered (and receipted
for), to the Association at 2455 East Sunrise Avenue, Suite 1106,
International Building, Fort Lauderdale, Florida 33404, or such
other address provided by the Association to the Owners and the
Decla rant.
AR'l'ICLE XXV
RIGHT TO MODIFY, CANCEL, OR LIMIT
Anything to the contrary herein notwithstanding, Declarant
specifically
reserves
the absolute and
unconditional
right,
without any joinder, ratification or approval of the Association,
any Owner or any lienholder, to alter, modify, change, revoke,
rescind, limit or cancel any of the terms contained in this
Declaration and/or to add new terms to the Declaration, when
required to do so by any applicable governmental authority
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ARTICLE XXVI
ASSIGNMENT
Any and/or all of the rights, powers, obligations, easements
and estates (" rights and obI iga t ions") rese rved by 0 r g ranted to
the Declarant hereunder may be assigned by the Declarant. The
ass ignment shall be (a) in w r i t ing , (b) reco rded in the Publ ic
Records of the County, and (c) joined in by the assignee for
purposes of evidencing assignee's acceptance of the rights and
obligations so assigned.
After any such assignment by the
Declarant, Declarant shall be relieved and released of all rights
and obligations so assigned.
ARTICLE XXVII
SEVERABILITY
The determination of any Court that any provision of this
Declaration is unenforceable, invalid or void shall not affect the
enforceability or validity of any other provisions hereof.
ARTICLE XXVIII
APPLICABLE LAW/VENUE
This Declaration shall be interpreted according to the laws of
the State of Florida, and the proper venue of any actions arising
hereunder shall be Palm Beach County, Florida.
ARTICLE XXIX
CAPTIONS
The captions used in this Declaration and EXhibits annexed
hereto are inserted solely as a matter of convenience and shall
not be relied upon and/or used in construing the effect or meaning
of any of the text of this Declaration or Exhibits hereto annexed
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OFB 5450?g 1 1 5'::
ARTICLE XXX
SINGULAR/PLURAL - MASCULINE/FEMININE
Words used herein in the singular shall include the plural
(and vice versa), and words in the masculine shall include words
in the feminine or neuter gender (and vice versa), unless the text
thereof expressly requires the contrary
ARTICLE XXXI
VETO POWER
Until the veto right under this Article XXXI is specifically
waived in writing by Declarant, Declarant hereby expressly
reserves the right to veto any or all of the following events
and/or actions, and upon such veto, such vetoed events and/or
actions shall be null and void
A. Adoption of Association budgets, annual or
otherwise, which constitute a change of at least fifteen (15%)
percent (over or under) from the prior year's budget;
B. Approval or disapproval by the Committee of any
Improvement within the pank;
C Attempted resubdivision of the Property, or any part
thereof;
D.
Association,
E. Attempted relocation, termination, or conveyance of
The entering
into management contracts by the
any Common Areas;
F. Assessment fo r capi tal improvements imposed by the
Association;
G. Attempted settlement of any claim made by the
Association to collect upon any policy of casualty insurance which
insures the Common Areas;
H Attempted cancellation or reduction of insurance
coverage insuring all or any part of the Common Areas,
I. Attempted dissolution of the Association.
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5450 r'3 "1 -1 53
^'~ TIC LEX X X I I
DISSOLUTION OF ASSOCIATION
In the event the Association is dissolved, the Common
Areas shall be conveyed to
(1) a non-profit corporation that is
organized for purposes similar to those of the Association, or
(2) a governmental body or public agency.
The entity or entities
("New Ent i ty") to which the Common Areas a re conveyed shall then
assume the obligations of the Association hereunder regarding said
Common Areas, and the New Entity shall have the same assessment,
lien and enforcement rights against the Owners and Parcels as the
Association has hereunder.
In the event that no such conveyance
is made under (1) or (2) above, and the Association is dissolved,
the Association shall, nevertheless, continue to exist as an
unincorporated membership organization with the same rights and
obligations of the Association hereunder.
ARTICLE XXXIII
RESTRICTIONS PREVAIL OVER LESS STRINGENT
GOVERNMENTAL REGULATIONS
\'Jhere the covenants and restrictions set forth in this
Declaration
impose
minimum
standards
more
stringent
than
governmental
standards
and
regulations,
the
covenants
and
rest rict ions in th is Decla ra t ion shall preva il, unless othe rwise
precluded by Florida law.
ARTICLE XXXIV
LESSEES
Owners shall be responsible for all acts and actions of their
Lessee(s) .
Lessees shall comply with this Declaration (and the
Exh ib i ts he reto), as well as any rules, reg ula t ions, rest r ict ions
and criteria adopted by the Board of Directors or the Declarant
he reunde r, 1 n the same manne r as an Owne r, and any violation 0 f
same by a Lessee shall be treated as a violation by the Owner
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ARTICLE XXXV
AMENDMENTS TO GOVERNMENTAL LAND USE REGULATIONS
With respect to any Parcels owned by Declarant, the Declarant
hereby reserves the right to amend at any time, and from time to
time, the Development Order, the Master Site Development Plan, the
City's Zoning and/or Comprehensive Plan designation, and any Plat
of public record, without any approval, consent, or joinder of any
Owner, any lienholder, or the Association
In the event that the
applicable governmental body requires the approval, consent and/or
joinder of any Owner, lienholder, or the Association, then the
Declarant is hereby appointed as the agent for such parties for
purposes of signing any and all documents required by such
governmental body in connection therewith, and/or such parties
shall be required to sign the approvals, consents, and joinders
necessary to carry out the amendments hereunder.
In connection
with any amendments under this Article, the Declarant and/or the
Association shall have the authority to alter, realign, or convey
a portion of the Common Areas, provided that the rights of the
Owners are not signifiqantly and adversely affected by such
alteration, realignment or conveyance.
ARTICLE XXXVI
MORTGAGEE CONSENT AND ACCEPTANCE
In the event that The Chase Manhattan Bank (N.A ), a national
banking association (the "Bank") or other Person acquires the fee
simple
title to
the P rope rty
(0 r
part
thereof)
upon the
foreclosure of the Bank's "Mortgage" (defined in the following
sentence) or upon delivery of a deed in lieu of foreclosure of the
Bank's "Mortgage", the Bank or Person acquiring such title shall
be entitled to exercise any and/or all of the rights of Declarant
under this Declaration, and Declarant shall execute the documents
necessary to evidence such rights
Fo r puqx)ses of this Art icle
tne Bank's "Mortgage" shall mean and refer to tne Building Loan
Mortgage (and all amendments thereto) described in the Consent and
Acceptance of Mortgagee annexed to this Declaration
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ARTICLE XXXVII
EFFECTIVE DATE OF THIS DECLARATION
This Declaration shall become effective upon its recordation
in tne PUblic Records of the County.
IN WITNESS WHEREOF, the Declarant has caused this Declaration
to
be
duly
executed
by
a
General
Partner
I, J '11>-
this"""" day
of
October, 1987
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF
(1) =:p~~
(2) tJ1h~..it ~
QUANTUM ~IATES
By ~~
Edward B. Deutsch,
as General Partner
STATE OF FLORIDA
)
) SS.
)
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this /~
day of October, 1987, by EDWARD B. DEUTSCH, as General Partner of
,
QUANTUM ASSOCIATES, A Flor ida General Partnership, on behalf of
the Partnership.
( S"€A~ ) _
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~~~
Notary Public
My commission expires
IOTARY PUBLIC STATE OF FLORIDA
RY COMMISSION EXP APR 24,1989
BONDED THRU GElERAL INS. UNO.
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JOINDER AND ACCEPTANCE OF ASSOCIATION
FOR GOOD AND VALUABLE CONSIDERATION, receipt whereof is hereby
acknowledged, QUANTUM PARK PROPERTY OWNERS' ASSOCIATION, INC, a
Florida nonprofit corporation, hereby agrees to accept all of the
benefits and all of the duties, responsibilities, obligations, and
burdens imposed upon it by the provisions of this Declaration and
exhibits attached hereto
IN WITNESS
INC , a Florida
be duly signed
October, 1987.
WHEREOF, QUANTUM PARK PROPERTY OWNERS' ASSOCIATION,
nonprofit corporation, has caused these p~sents to
in its name by its President, this ~ day of
SIGNED, SEALED AND DELIVERED
PRESENCE OF , ~
(l)J~}()~- ~
(2) /f11;u- 3:. ~
K PROPERTY
OCIATION, INC
By
(CORPORATE SEAL)
STATE OF FLORIDA
SSe
COUNTY OF BROWARD
The fo rego ing inst rument was acknowledged before me thiS.1.!l:!!-
day of October, 1987, by EDWARD B. DEUTSCH, as President of QUANTUM
PARK PROPERTY OWNERS' ASSOCIATION, INC., a Florida nonprofit
corporation, on behalf of the corporation.
~4.~
Notary PUblic
- I
My Commission Expires
IOTARY PUBLIC STATE OF FLORID~
MY COMMISSION EXP APR 24,1909
SOlOED THRU GENERAL INS. UND.
(NOTA~LA~ IMPRESSION
-: :'--, SEAL)
,
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CONSENT AND ACCEPTANCE OF MORTGAGEE
FOR GOOD AND VALUABLE CONSIDERATION, receipt whereof is hereby
acknowledged, The Chase Manhattan Bank (N A.), a national banking
association, the owner and holder of that certain Building Loan
Mortgage recorded in Official Records Book 4696, Page 58, in the
Public Records of Palm Beach County, hereby consents to and accepts
the terms and provisions of the foregoing Declaration of Protective
Covenants, and consents to the recording of said Declaration in the
Public Records of Palm Beach County.
THE CHASE MANHATTAN BANK (N.A.),
A National Ba . g A 0 . tion
') \
J
By
WITNESSES
STATE OF Lr Lf~-,-L
COUNTY OF 1.,,~(. I fJ.-~L
The foregoing instrument was acknowledged before me this /3 Tl;
day of
-
VV/
19 8 7 , by
Edward Shevlin, ~~
,
as Vice President of THE CHASE MANHATTAN BANK (N.A.), a national
banking association, on behalf of said Association.
1 /J ,
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otary PUblic
~.J
My Commission Expires:
CATHERINE INDIMINt
Hotary Public, State of New Yort(
No. 41~sa9110
Qualified in Queens County
Commission Expires April 6, 1989
(l'~.oTARY SEAL)
,
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-49-
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ALL OF THE PROPERTY PLATTED PURSUANT TO THAT CERTAIN PLAT OF
QUANTUM PARK AT BOYNTON BEACH, P.I.D PLAT NO l-A, RECORDED IN
PLAT BOOK 57, AT PAGES 180 AND 181, IN THE PUBLIC RECORDS OF PALA
BEACH COUNTY
AND
ALL OF THE PROPERTY PLATTED PURSUANT TO THAT CERTAIN PLAT OF
QUANTUM PARK AT BOYNTON BEACH, P.I D. PLAT NO.1, RECORDED IN PLAT
BOOK 57, AT PAGES 182 AND 183, IN THE PUBLIC RECORDS OF PALM BEACH
COUNTY.
AND
ALL OF THE PROPERTY PLATTED PURSUANT TO THAT CERTAIN PLAT OF
QUANTUM PARK AT BOYNTON BEACH, P.I D. PLAT NO.2, RECORDED IN PLAT
BOOK 57, AT PAGES 184 AND 185, IN THE PUBLIC RECORDS OF PALM BEACH
COUNTY.
AND
ALL OF THE PROPERTY PLATTED PURSUANT TO THAT CERTAIN PLAT OF
QUANTUM PARK AT BOYNTON BEACH, P.I D. PLAT NO.4, RECORDED IN PLAT
BOOK 57, AT PAGES 186 THROUGH 188, INCLUSIVE, IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY.
AND
ALL OF THE PROPERTY PLATTED PURSUANT TO THAT CERTAIN PLAT OF
QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.5, RECORDED IN PLAT
BOOK 57, AT PAGES 189 AND 190, IN THE PUBLIC RECORDS OF PALM BEACH
COUNTY.
AND
ALL OF THE PROPERTY PLATTED PURSUANT TO THAT CERTAIN PLAT OF
QUANTUM PARK AT BOYNTON BEACH, P.I D. PLAT NO.6, RECORDED IN PLAT
BOOK 57, AT PAGES 191 THROUGH 193, INCLUSIVE, IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY.
AND
ALL OF THE .PROPERTY PLATTED PURSUANT TO THAT CERTAIN PLAT OF
QUANTUM PARK AT BOYNTON BEACH, P.I.D PLAT NO.7, RECORDED IN PLAT
BOOK 57, AT PAGES 194 AND 195, IN THE PUBLIC RECORDS OF PALM BEACH
COUNTY.
AND
ALL OF THE PROPERTY PLATTED PURSUANT TO THAT CERTAIN PLAT OF
QUANTUM PARK AT BOYNTON BEACH, P.I D. PLAT NO 8, RECORDED IN PLAT
BOOK 57, AT PAGES 196 AND 197, IN THE PUBLIC RECORDS OF PALM BEACH
COUNTY
AND
A PARCEL OF LAND LYING IN THE SOUTHWEST ONE-QUARTER (SW 1/4) OF
SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, COUNTY OF PALM
BEACH, STATE OF FLORIDA AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER (W 1/4) CORNER OF SAID
SECTION 16; THENCE SOUTH 88028'32" EAST ALONG THE NORTH LINE OF
THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SAID SECTION 16 A DIS'fANCE
OF 706 07 FEET: THENCE SOUTH 01031'28" WEST A DISTANCE OF 120.92
FEET TO THE SOUTH RIGHT-OF-WAY LINE OF N W 22ND AVENUE, AS SAID
RIGHT-OF-WAY IS DESCRIBED IN DEED RECORDED IN OFFICIAL RECORD BOOK
2228 PAGE 577 OF THE PUBLIC RECORDS OF SAID COUNTY AND THE POINT
OF BEGINNING; THENCE SOUTH 86017'07" EAST ALONG SAID SOUTH
RIGHT-OF-WAY LINE A DISTANCE OF 607.72 FEET TO 'fHE WEST
RIGHT-OF-WAY LINE OF THE SEABOARD ALL FLORIDA RAILWAY
EXHIBIT "A"
\
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RIGHT-OF-WAY; AS SAID RIGHT-OF-WAY LINE IS DESCRIBED IN FINAL
JUDGMENT (TRACT ONE) OF THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT OF FLORIDA, PALM BEACH COUNTY, RECORDED IN
MINUTES CIRCUIT COURT, NO. 14 AT PAGE 470, AND DATED APRIL 15,
1926; THENCE SOUTH 14008'00" WEST ALONG SAID ~'lEST RIGHT-OF-WAY
LINE A DISTANCE OF 1,188 51 FEET TO THE SOUTH LINE OF THE
NORTHWEST ONE-QUARTER (NW 1/4) OF THE SOUTHWEST ONE-QUARTER
(SW 1/4) OF SAID SECTION 16; THENCE NORTH 88046'25" WEST ALONG
SAID SOUTH LINE A DISTANCE OF 472 10 FEET TO THE EAST RIGHT-OF-WAY
LINE OF HIGH RIDGE ROAD AS SAID RIGHT-OF-WAY IS SHOWN ON THE PLAT
OF QUANTUM PARK AT BOYNTON BEACH, P I D. PLAT NUMBER 6, THENCE
ALONG SAID EAST RIGHT-OF-WAY LINE THROUGH THE FOLLOWING 4 NUMBERED
COURSES AND DISTANCES
1) NORTH 14010' 59" EAST A DISTANCE OF 343.76 FEET TO 'rHE
BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF
1,600 00 FEET AND A CENTRAL ANGLE OF 14042'16".
2) NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 410.63
FEET TO A POINT OF TANGENCY
3) NORTH 00031'17" WEST A DISTANCE OF 416.77 FEET.
4) NORTH 46035' 48" EAST A DISTANCE OF 36 64 FEET TO THE POINT OF
BEGINNING
AND
A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 45 SOUTH, RANGE 43
EAST, COUNTY OF PALM BEACH, STATE OF FLORIDA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS
COMMENCING AT THE NORTH ONE-QUARTER (N 1/4) CORNER OF SAID SECTION
17; THENCE NORTH 89016'21" EAST ALONG THE NORTH LINE OF SAID
SECTION 17 A DISTANCE OF 1,254.65 FEET TO THE EAST LINE OF THE
WEST ONE-HALF (W 1/2) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF
SAID SECTION 17; THENCE SOUTH 00003'05" EAST ALONG SAID EAST LINE
A DISTANCE OF 54 00 FEET Tb A POINT ON THE SOUTH RIGHT-OF-WAY LINE
OF MINER ROAD AS SAID RIGHT-OF-WAY IS DESCRIBED IN DEED RECORDED
IN OFFICIAL RECORD BOOK 4594, PAGE 1451 OF THE PUBLIC RECORDS OF
SAID COUNTY. SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE
CONTINUE ALONG SAID EAST LINE WITH A BEARING OF SOUTH 00003' 05"
EAST A DISTANCE OF 2571 44 FEET TO THE EAST-WEST ONE-QUARTER
(EW 1/4) LINE OF SAID SECTION 17; THENCE NORTH 89008'39" EAST
ALONG SAID EAST-WEST ONE-QUARTER (EW 1/4) LINE A DISTANCE OF
356 29 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF
NORTHWEST 22ND AVENUE AS SAID RIGHT-OF-WAY IS DESCRIBED IN DEEDS
RECORDED IN OFFICIAL RECORD BOOK 1738, PAGE 1686 AND OFFICIAL
RECORD BOOK 4594, PAGE 1454 OF THE PUBLIC RECORDS OF SAID COUNTY
SAID POINT BEING ON AN ARC OF A CURVE CONCAVE SOUTHERLY, (A RADIAL
LINE PASSING THROUGH SAID POINT BEARS NORTH 19051'50" WEST) THENCE
TRAVERSING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THROUGH THE
FOLLOWING 2 NUMBERED COURSES AND DISTANCES
1) SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF
1,691.02 FEET AND THROUGH A CENTRAL ANGLE OF 23022'04" A
DISTANCE OF 689 68 FEET TO A TANGENT LINE,
2) SOUTH 46046'06" WEST ALONG SAID TANGENT LINE A DISTANCE OF
614.71 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF QUANTUM
BOULEVARD AS SAID BOULEVARD IS SHOWN ON THE PLAT OF QUANTUM
PARK AT BOYNTON BEACH, PLAT NO 2, THENCE, TRAVERSING ALONG
THE RIGHT-OF-WAY LINE OF SAID QUANTUM BOULEVARD AS SAID
RIGHT-OF-WAY IS SHOWN ON SAID PLAT THROUGH THE FOLLO\\lING 11
NUMBERED COURSES AND DISTANCES
1) NORTH 88013'54" WEST A DISTANCE OF 35.36 FEET;
2) NORTH 43013'54" WEST A DISTANCE OF 22 77 FEET TO THE BEGINNING
OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 450 00 FEET
AND A CENTRAL ANGLE OF 62013'54";
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3) NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 488 77
FEET TO A POINT OF TANGENCY;
4) NORTH 19000'00" EAST A DISTANCE OF 620.00 FEET TO THE
BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF
688 70 FEET AND A CENTRAL ANGLE OF 58000'00";
5) NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 697 17
FEET TO A POINT OF TANGENCY;
6) NORTH 39000'00" WEST A DISTANCE OF 230 00 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF
550 00 FEET AND A CENTRAL ANGLE OF 131054'17";
7) WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE
OF 1266.19 FEET TO A POINT OF TANGENCY;
8) SOUTH 09005'43" WEST A DISTANCE OF 280.00 FEET TO THE
BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF
6,887.50 FEET AND A CENTRAL ANGLE OF 03028'30";
9) SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 417 73
FEET TO A POINT OF TANGENCY;
10) SOUTH 12034'13" WEST A DISTANCE OF 287.98 FEET TO THE
BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
450.00 FEET AND A CENTRAL ANGLE OF 67039'59";
11) SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 531.45
FEET TO THE CENTERLINE OF THE LAKE WORTH DRAINAGE DISTRICT E-4
CANAL AS SAID CANAL IS DESCRIBED IN DEED RECORDED IN OFFICIAL
RECORD BOOK 4788, PAGE 1983 OF THE PUBLIC RECORDS OF SAID
COUNTY;
THENCE, DEPARTING FROM THE RIGHT-OF-WAY OF SAID QUANTUM BOULEVARD
AND TRAVERSING ALONG THE CENTERLINE OF SAID E-4 CANAL THROUGH THE
FOLLOWING 5 NUMBERED COURSE6 AND DISTANCES;
1) NORTH 07010'49" WEST A DISTANCE OF 190.52 FEET TO THE
BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF
750.00 FEET AND A CENTRAL ANGLE OF 19045'02";
2) NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 258 53
FEET TO A POINT OF TANGENCY;
3) NORTH 1~034'13" EAST A DISTANCE OF 271.47 FEET TO THE
BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF
6,500.00 FEET AND A CENTRAL ANGLE OF 03028'30";
4) NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 394.23
FEET TO A POINT OF TANGENCY;
5) NORTH 09005'43" EAST A DISTANCE OF 1818.49 FEET TO THE
WESTERLY PROLONGATION OF THE SOUTH RIGHT-OF-WAY LINE OF SAID
MINER ROAD;
THENCE TRAVERSING ALONG SAID WESTERLY PROLONGATION AND THE SOUTH
RIGHT-OF-WAY LINE OF MINER ROAD THROUGH THE FOLLOWING 5 NUMBERED
COURSES AND DISTANCES
1) NORTH 89016'21" EAST A DISTANCE OF 148.15 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF
2,354 00 FEET AND A CENTRAL ANGLE OF 07050'43";
2) EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE
OF 322.32 FEET TO A TANGENT LINE;
3) NORTH 81025'38" EAST ALONG SAID TANGENT LINE A DISTANCE OF
446.45 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH
HAVING A RADIUS OF 2,246.00 FEET AND A CENTRAL ANGLE OF
07050'43";
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4) EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 307 54 FEET
TO A TANGENT LINE;
5) NORTH 89016'21" EAST ALONG SAID TANGENT LINE A DISTANCE OF
773.50 FEET TO THE POINT OF BEGINNING
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL
A parcel of land lying in Section 17, Township 45 South, Range 43
East, County of Palm Beach, State of Florida, and more
particularly described as follows
Commencing at the North one-quarter (N 1/4) corner of said Section
17; thence, South 890 16' 2111 West along the No rth line of the
No rthwest one-qua rte r (NW 1/4) 0 f sa id Sect ion 17 a distance 0 f
621.66 feet to the East right-of-way line of the Lake Worth
Drainage District Equalizing Canal E-4 as said right-of-way is
described in deed recorded in Official Record Book 1732, Page 612
of the Public Records of said County; thence, South 090 OS' 43"
West along said East right-of-way line a distance of 160 35 feet
to the proposed South R/W line of Miner Road and the point of
beg inning; thence, continue South 090 OS' 43" West along the East
right-of-way line of said E-4 Canal a distance of 842.77 feet;
thence, South 80054'17" East a distance of 216.01 feet; thence,
North 67000'13" East a distance of 318.88 feet; thence, South
13021'3711 East along the North prolongation of a radial line a
distance of 402 52 feet to a point on the arc of a curve, concave
to the South having a radius of 550 00 feet and a central angle of
64021'3711; thence, Easterly and Southerly along the arc of said
curve a distance of 617.81 feet to a point of cusp; thence, North
39000'00" West a distance of 215.00 feet to the beginning of a
curve concave to the East having a radius of 650 00 feet and a
central angle of 65030'00"; thence, Northerly along the arc of
said curve a distance of 743.07 feet to a point of reverse curve,
which is a curve concave westerly having a radius of 1320.00 feet
and a central angle of 25~27'25"; thence, Northwesterly along the
arc of said curve a distance of 586.48 feet to a point on the
proposed South R/W line of Miner Road, said right-of-way line
being a curve concave to the South having a radius of 2246.00
feet, and a central angle of 03014' 12", a radial line passing
through said point bears North 05020'0911 West; thence, westerly
along the arc of said curve a distance of 126.88 feet to a tangent
line; thence, South 81025'3811 West a distance of 446 45 feet to
the beginning of a curve concave to the North having a radius of
2354.00 feet and a central angle of 07050'4311; thence, Westerly
along the arc of said curve a distance of 322.32 feet to a tangent
line; thence, South 89016'21" West along said tangent line a
distance of 59.35 feet to the point of beginning, lessing and
excepting the ref rom a parcel of wetlands ly ing in Section 17,
Township 45 South, Range 43 East, County of Palm Beach, State of
Florida, and more particularly described as follows
Commencing at the North one-quarter (N 1/4) corner of said Section
17; thence South 890 16' 21" West along the North line of the
Northwest one-quarter (NW 1/4) of said Section 17 a distance of
621.66 feet to the East right-of-way line of The Lake Worth
Drainage District Equalizing Canal E-4 as said right-of-way is
described in Deed recorded in Official Record Book 1732, Page 612
of the PUblic Records of said County; thence, South 090 05' 43"
West along said East right-of-way line a distance of 160.35 feet
to the proposed South R/W line of Miner Road thence, North
89016121" East along said South right-of-way line a distance of
59.35 feet to the beginning of a curve concave to the North having
a radius of 2354.00 feet and a central angle of 05046'27"; thence,
Easterly along the arc of said curve a distance of 237 23 feet to
the point of beginning; thence, traversing along tne limits of a
parcel representing 3.800 acres of wetlands through the following
19 numbered courses and distances
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OEe 5450 pg 1 16:::'
1) South 000 43' 3911 East a distance of 303.48 feet;
2) South 810 07' 3311 East a distance of 62 13 feet;
3) South 700 01' 59" East a distance of 84.82 feet;
4) North 620 26' 00" East a distance of 53.48 feet;
5) North 720 12" 44 East a distance of 38.78 feet;
6) North 520 49' 36 East a distance of 20.10 feet;
7) North 440 39' 48 West a distance of 33 89 feet;
8) North 350 31' 41 East a distance of 22.44 feet;
9) So u th 500 44' 13 East a distance of 12.29 feet;
10 ) No rth 870 5811 28 East a distance of 308 11 feet;
11) North 020 05' 16 West a distance of 67.86 feet;
12 ) North 050 07' 19 West a distance of 40.44 feet;
13 ) North 110 00' 23 West a distance of 56.23 feet;
14) North 150 02' 07 West a distance of 30.08 feet;
15) North 240 04' 50 West a distance of 28.20 feet;
16) North 470 17' 34 West a distance of 5.22 feet;
17) North 460 03' 51" West a distance of 126 85 feet to the
South right-of-way line of said Miner Road;
18) South 810 25' 38" West along said South right-of-way line
a distance of 340.09 feet to the beginning of a curve
concave to the North having a radius of 2354 00 feet and
a central angle of 020 04' 16";
19) Westerly along the arc of said curve a distance of 85.10
feet to the point of beginning.
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EXHIBIT "B"
-. ORB 5450 P9 1164
101287-2
0861P
ARTICLES OF INCORPORATION
OF
QUANTUM PARK PROPERTY OWNERS.
ASSOCIATION, INC
The undersigned, hereby establishes the following for the
purpose of becoming a nonprofit corporation under the laws of the
State of Florida, by and under the provisions of the statutes of
the State of Florida providing for the formation, liability,
rights, privileges and immunities of a corporation not for profit.
ARTICLE I
Name of Corporation
The name of this Corporation (hereinafter the "Corporation")
shall be QUANTUM PARK PROPERTY OWNERS' ASSOCIATION, INC.
ARTICLE II
Purposes
Quantum Associates,
a Florida General Partnership,
its
successors and assigns, collectively referred to herein as
"Declarant", is developing1certain property in the City of Boynton
Beach, Palm Beach County, Florida, known as "Quantum Park at
Boynton Beach"
(hereinafter the "Park").
The Park is more
particularly described in the Declaration of Protective Covenants
of the Park (hereinafter the "Declaration"), the Declaration to
which these Articles of Incorporation are attached as an Exhibit.
The purpose of this Corporation is to own, lease, maintain,
operate, and/or administer certain property within or related to
the Park, and to carry out its rights and duties set forth in the
Declaration.
ARTICLE III
Powers and Limitations
A. The Corporation shall have the power
1. To own, lease, operate, maintain, and administer the
Common Areas, and other property within or related to the Park in
accordance with the Declaration.
ORB 5450 29 1 165
2. To establish, through its Board of Directors,
reasonable rules and regulations regarding the property within the
Park.
3. To carry out all the powers and duties vested in the
Corporation pursuant to these Articles and the Bylaws of the
Corporation, and pursuant to the Declaration.
4. To do all things necessary to car ry out the opera-
tion of the Corporation as a natural person might or could do and
to exercise and enjoy all the powers, rights and privileges
granted to or conferred upon corporations of similar character by
the provisions of Chapter 617, Florida Statutes, and Chapter 607,
Florida Statutes, respectively.
5. To engage professional management agents to manage
its affairs, and pay a fee therefor.
6. To grant easements and leases to any Person (as said
term is def ined in the Declaration) over, under, through, and/or
across the Common Areas, for or without compensation to this
Corporation, without any need to obtain the approval or joinder of
any member or lienholder thereof.
7. To assess members of the Association, and enforce
such assessments in accordance with the Declaration.
B. The Corporation is not organized for profit, nor shall it
have the power to issue certificates of stock or pay dividends.
C. All funds and title to all interests in property acquired
by the Corporation, whether fee simple or leasehold or otherwise,
and the proceeds thereof shall be held in trust for members of the
Corporation.
D. The Corporation shall not be authorized to make any un-
reasonable accumulations of cash or assets as determined by the
Internal Revenue Code or the rules and regulations pursuant
thereto.
ARTICLE IV
Corporate Existence
This Corporation shall have perpetual existence unless sooner
dissolved by law. The Corporation may be dissolved upon unanimous
resolution to that effect being adopted by the members of the
Board of Directors and approved by an affirmative vote of at least
,
eighty-five percent (85%) of all of the total voting rights in the
Park, and, after receipt of an appropriate decree of dissolution,
if such decree is necessary at the time of dissolution as set
forth in Florida Statutes, Chapter 617, or statute of similar
import.
ARTICLE V
Qualifications for Members and Manner
of Admission and Voting Rights
All Owners in the Park shall be members of
the
1.
Corporation.
An Owner shall automatically be a member of the
Corporation upon the recording in the Public Records of the
County, of the document evidencing the Owner's fee simple title to
a Parcel.
2. Voting Rights shall be based on the formula of one vote
per acre within a Parcel owned by a member
Fractional portions
0861P
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of acres shall be rounded up or down depending on the size of the
fraction; fractional portions equal to or greater than 1/2 of an
acre shall be rounded up, while fractional portions less than 1/2
of an acre shall be rounded down (for example, a 10.3 acre Parcel
owned by a member will be entitled to 10 votes, and a 10.7 acre
Parcel owned by a member will be entitled to 11 votes). Anything
to the contrary herein notwithstanding, a Parcel less than 1/2 of
an acre shall be entitled to one (1) voting Right. If a parcel is
owned by two (2) or more Owners, the voting rights applicable to
such Parcel shall be determined as if there were only one (1)
Owner.
ARTICLE VI
Directors
1. The business of this Corporation shall be conducted by a
Board of Directors, consisting of not less than three (3) nor more
than seven (7) Directors. The initial Board of Directors shall
consist of three (3) Directors.
2. The election of directors, their removal and the filling
of vacancies on the Board of Directors shall be in accordance with
the Bylaws of this Corporation.
3. The directors herein named (see Article IX) shall serve
until their successors are duly elected and qualified, or until
they are removed in the manner elsewhere provided, or until they
resign, whichever first occurs, and any vacancies in their number
occurring before a successor has been duly elected and qualified
shall be filled in accordance with the Bylaws of this Corporation.
ARTICLE VII
Officers
The affairs of the Corporation shall be managed by a presi-
dent, vice president, sec retary, treasurer, assistant sec retary,
assistant treasurer, and such other officers as may be authorized
by the Board of Directors. A person may hold more than one office
except that the off ices of President and Secretary shall not be
held simultaneously by the same individual. Said officers shall
be elected annually by the Board of Directors at the annual
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'meeting of the Board of Direct.ors and shall hold office until
their successors shall be duly elected and qualified, or until
they are removed, or until they resign, whichever first occurs.
The first officers of the Corporation shall be:
President Edward B. Deutsch
Vice-President Thomas K. Ireland
Secretary Melvin Simon
Treasurer Thomas K. Ireland
ARTICLE VIII
Names and Post Office Addresses of Directors
The names and post office addresses of the members of the
first Board of Directors who shall hold off ice pursuant to the
terms and provisions of these Articles of Incorporation and Bylaws
of the Corporation shall be
2455 E. Sunrise Blvd., #1106
Ft Lauderdale, FL 33304
1. Edward B. Deutsch
2. Melvin Simon
115 W. Washington St , #1500E
Indianapolis, IN 46204
2455 E. Sunrise Blvd., ill06
Ft. Lauderdale, FL 33304
3. Thomas K. Ireland
ARTICLE IX
Bylaws
The first bylaws of the Corporation shall be adopted by the
Board of Directors named herein and may be altered, amended or
rescinded in the manner provided by the Bylaws, which shall be by
(1) the members and the Board of Directors and/or (2) the members
as provided therein.
ARTICLE X
Indemnification
1. The Corporation shall indemnify any Director or Officer
of the Corporation, and/or any member of the Architectural Review
Committee (as defined in the Declaration), collectively referred
to herein as the "Indemnities" and individually referred to herein
as an "Indemnitee," made a party or threatened to be made a party
to any threatened, pending or completed action, suit or proceeding
as follows.
This indemnification shall extend to any action of a
judicial,
administrative,
criminal,
or
investigative
nature
0861P
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(including but not limited to, an action by the Corporation),
brought by or against an Indemnitee, based on an act, or acts,
alleged to have been committed by such Indemnitee, in his capacity
as an Off icer, Director or member of the Archi tectural Review
Committee. In any such action, the Indemnitee shall be
indemni f ied against judgments, losses, liabili ties, costs, fines,
amounts paid in settlement, and reasonable expenses, including
attorneys' fees, actually and necessarily incurred as a result of
such action, suit, or proceeding or any appeal therein, provided ·
such Indemnitee did not act with gross negligence or willful
misconduct. The termination of any such action, sui t, or
proceeding by judgment, order, settlement, conviction, or upon a
plea of nolo contendere or its equivalent shall not, in itself,
create a presumption that any such Indemnitee acted with gross
negligence or willful misconduct.
2. Indemnification as provided in this Article shall con-
tinue as to a person who has ceased to be a Director, Officer, or
member of the Architectural Review Committee, and shall inure to
the benefit of the heirs, executors, and administrators of such
person. References hereir: to Directors, Officers and members of
the Architectur~l Review Committee, shall include not only current
Directors, Officers, and members of the Architectural Review
Committee, but former Directors, former Officers, and former
members of the Architectural Review Committee as well.
3. The Corporation shall have the power to purchase and
maintain insurance on behalf of any person who is a Director or
Officer of the Corporation, or a member of the Architectural
Review Committee, against any liability asserted against him and
incurred by him in any such capacity or arising out of his status
as such, whether or not the Corporation would have the power to
indemnify him against such liability under the provisions of this
Article.
4. The aforementioned rights shall be in addition to, and
not exclusive of, all other rights to which such Director,
Off icer, or member of the Archi tectural Review Commi ttee may be
entitled under Florida law.
0861P
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ARTICLE XI
Transactions in Which
Directors or Officers Are Interested
No contract or transaction between the Corporation and one (1)
or more of its officers or directors, or between the Corporation
and any other corporation, partnership, association, or other
organization in which one (1) or more of its directors or officers
are directors or officers of this Corporation, or have a financial
interest in this Corporation, shall be invalid, void or voidable
solely for this reason, or solely because the director or officer
is present at, or participates in the meeting of the Board or
Committee thereof which authorized the contract or transaction, or
solely because his or their votes are counted for such purpose.
No directors or officers of the Corporation shall incur liability
merely by reason of the fact that he is or may be interested in
any such contract or transaction.
ARTICLE XII
Amendments
1. These Articles of Incorporation may be amended upon:
a. the affirmative consent of at least two-thirds (2/3)
of the entire membership of the Board of Directors and of at least
a majority of the total Voting Rights in the Park; or
b. the affirmative consent of at least sixty-five
percent (65%) of the total Voting Rights in the Park.
2. A copy of each amendment to the Articles of Incorpor-
ation as approved must be accepted by the Secretary of State of
the State of Florida, or such other person required by Florida
law, and shall be recorded in the Public Records of Palm Beach
County, Florida.
ARTICLE XII. 5
Electing Out of Section 607.108
The Corporation expressly elects not to be governed by
S607 108, Fla. Stats.
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ARTICI..E XIII
Definitions
The definitions set forth in the Declaration shall apply to
these Articles of Incorporation.
ARTICLE XIV
Incorporator
The name and post office address of the Incorporator of these
Articles of Incorporation is Quantum Associates, a Florida General
Partnership, 2455 East Sunrise Avenue, Suite 1106, International
Building, Fort Lauderdale, Florida 33404.
ARTICLE XV
Initial Registered Office and Agent
The street address of the initial registered office of this
Corporation is 625 North Flagler Drive, 9th Floor, Barnett Centre,
West Palm Beach, Florida 33401, and the name of the initial
registered agent of this Corporation is DAVID S. PRESSLY.
IN WITNESS OF THE FOREGOING, the undersigned has hereunto set
its hand and seal in acknowledgment of the foregoing Articles of
Incorporation, this
9th
day of October, 1987, which Articles
are to be filed in the Office of the Secretary of State.
Quan~~~ ~iates, a Florida
Gener~al ership
~;?/~~
BY:C~~' -
Its General Partner
EDWARD B DEUTSCH
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this ~
day of October , 1987, by Edward B. Deutsch, as General Partner of
Quantum Associates, a Florida General Partnership, on behalf of
the Partnership.
(Se a 1)
Not~i{~
Phyllis Garma
My commission expires
~. -
Notary Pul:fic, State or Florida
My CommIssion hp.rc:s Feb. 26, 1991
Bonded 1ft". fro, hll. ".."',...,. Ifte.
0861P
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5450 r9 1 1 71
CERTIFICATE DESIGNATING PLACE OF BUSINESS
FOR SERVICE OF PROCESS WITHIN THIS STATE,
NAMING AGENT UPON WHOM PROCESS MAY BE SERVED
Pursuant to SS48.09l and 617.023, Florida Statutes, the
following is submitted in compliance with said Statutes
THAT, QUANTUM PARK PROPERTY OWNERS' ASSOCIATION, INC., a
Florida Corporation Not For Profit, desiring to organize under the
laws of the State of Florida, with its initial principal offices
at 2455 East Sunrise Boulevard, Suite 1106, Ft Lauderdale,
Florida 33304, has named DAVID S. PRESSLY, ESQ., whose address is
625 North Flagler Drive, 9th Floor, Barnett Centre, West Palm
Beach, Florida 33401 as its duly authorized Reg istered Agent to
accept service of process for the Corporation within the State of
Florida.
ACKNOWLEDGMENT
Having been named to accept service of process for the
above stated Corporation, at the place designated in this Certifi-
cate, I hereby accept the responsibility to act in this capacity,
and agree to comply with the provisions of Florida Statutes rela-
tive to keeping open said office and further accept the duties and
obligations of Section 607 325, Florida Statutes.
DATED this ~ day of October, 1987.
~~--2 _r/lP~/
DAVID S. PRESSLY, E .
REGISTERED AGENT--FLORIDA
0861P
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0851P
BYLAWS
OF
QUANTUM PARK PROPERTY OWNERS'
ASSOCIATION, INC
ARTICLE I
NAME AND LOCATION
Section 1. The name of this corporation is QUANTUM PARK
PROPERTY OWNERS' ASSOCIATION, INC. (hereinafter the "Corporation")
Section 2. The principal place of business of the corporation
is located in Boynton Beach, Florida, or such other place as the
Board of Directors may from time to time determine.
ARTICLE II
INCORPORATION
The Corporation was duly incorporated in the office of the
Secretary of State of the State of Flor ida on the 14th day of
October, 1987.
ARTICLE III
DEFINITIONS
The definitions and terms defined and used in the Declaration
of Protective Covenants of Quantum ParI< at Boynton Beach (the
Declaration to which these Bylaws are attached as an Exhibit)
shall apply to these Bylaws.
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
section 1. All Owners in the Park shall be members of the
Corporation. An Owner shall automatically be a member of the
Corporation upon the recording in the Public Records of the
County, of the document evidencing the Owner's fee simple title to
a Parcel.
Section 2. Voting Rights shall be based on the formula of one
vote per acre within a Parcel owned by a member. Fractional
portions of acres shall be rounded up or down depending on the
size of the fraction; fractional portions equal to or greater than
1/2 of an acre shall be rounded up, while fractional portions less
than 1/2 of an ac re shall be rounded down (for example, a 10.3
acre Parcel owned by a member will be entitled to 10 votes, and a
10.7 acre Parcel owned by a member will be entitled to 11 votes).
Anything to the contrary herein notwithstanding, a Parcel less
than 1/2 of an acre shall be entitled to one (1) Voting Right If
a parcel is owned by two (2) or more Owners, the vot ing rights
applicable to such Parcel shall be determined as if there were
only one (1) Owner.
Section 3. The interest of any member
funds or assets of the Corporation cannot be
mortgaged, hypothecated or transferre~ in any
appurtenance to the Parcel owned by him
in any part of the
conveyed, assigned,
manner except as an
EXHIBIT-"C"
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5450 r9 1 1 73
Sec t ion 4. The te rm "Vot ing Representa t i ve II shall mean and
refer to (i) the Owner of a Parcel if such Parcel is owned by one
individual, (ii) any individual designated in a Certificate filed
with the Secretary of the Corporation designating a voting member
for such Parcel, or (iii) a duly designated proxy holder
Anything to the contrary herein not'!'lithstanding, there shall only
be one Voting Representative for each Parcel.
ARTICLE V
MEETINGS OF MEMBERS
Section 1 The annual meeting of the members shall be held at
7 00 p.m., Eastern Standard Time, on the first Friday in March of
each year at the principal office of the Corporation or at such
other place in Palm Beach County, Flo rida as may be set fo rth in
the notice of said meeting. If the date fixed for the annual
meeting shall be a legal holiday in the place where the meeting is
to be held, sa id meeting shall be held on the next succeed ing
business day thereafter. At such meeting the members shall elect
directors to serve until the next annual meeting of
the members or until their successors shall be duly elected and
qualified and may conduct such other business as may be authorized
to be transacted by the members.
Section 2 Special meetings of the members shall be held
at SUCh place, day and hour as may be set forth in the notice of
said meeting and may be called by the president, or in his absence
by the Vice President, or by a majority of the Board of Directors,
or by the holders of at least 10% of the Voting Rights in the
Park The business conducted at such special meeting shall be
limited to that stated in the notice of meeting.
Section 3. Notice of the annual members' meeting stating
the place, day, and hour of the meeting shall be given by the
Pres ident, Vice Pres ident 0 r Sec reta ry. Such notice Shall be
given to each membe r not ,less than fou rteen (14) days, no r mo re
than sixty (60) days prior to the date set for such meeting, which
notice shall be mailed (by first class mail if mailed less than 30
days before the meeting) or presented personally to each member
within said time If presented personally, receipt for such
notice shall be signed by the member, indicating the date on which
such notice was received by him. If mailed, such notice shall be
deemed to be properly delivered when deposited in the united
States mail, addressed to the member at his post office address as
it appears on the records of the Corporation, with postage thereon
prepaid. Proof of such mailing shall be given by the affidavit of
the person giving the notice Any member may, by a written
statement signed by such member, waive such notice, and such
waiver, when filed in the records of the Corporation, whether
before or after the holding of the meeting, shall be deemed
equivalent to the giving of proper notice to SUCh member. The
date on which notice of the annual members' meeting is mailed (or
personally delivered) shall be the record date for determining
whiCh members are entitled to receive notice of , and to vote at,
the annual members' meeting. This determination of members shall
apply to any adjournment thereof, unless the Board of Directors
fixes a new record date for the adjourned meeting.
Section 4 The President, or in his absence the Vice
president, shall preside at all annual or special meetings of the
membership. In tne absence of both persons, the Board of
Directors shall select a chairman
Section 5 A quorum for members' meetings shall consist
of a majority of the total Voting Rights in the Park, represented
in person or by proxy The acts approved by the affirmative
consent of a majority of the Voting Rights present at a meeting at
which a quorum is present shall constitute the acts of the
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0851P
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members, except where approval by a greater number of members is
requ i red by the Dec lar a t ion, the Ar t icles of Incorpora t ion, these
Bylaws, or Florida law After a quorum has been established at a
members' meeting, the subsequent withdrawel of Voting
Representatives, so as to reduce the number of Voting Rights at
the meeting below the number required for a quorum, shall not
affect the validity of any action taken at the meeting or any
adjournment thereof
The execution by any member of a copy of the minutes
shall constitute the presence of such member for the purpose of
determining a quorum and for the further purpose of validating all
of the actions taken at such meeting, unless otherwise prohibited
under Florida law.
Section 6. Votes may be cast in person or by proxy. All
proxies shall be in writing and shall be filed with the Secretary
no later than twenty-four (24) hours prior to the time of the
meeting and entered of record in the minutes of said meeting. No
proxy shall be valid unless the same specif ically sets forth the
name of the member voting by proxy, the name of the person
authorized to vote the proxy, the number of Voting Rights to which
the proxy applies, and the date the proxy was given, and is
executed by all Owners of the subject Parcel. If the proxy is a
limited proxy it shall set forth these items that the holder of
the proxy may vote and the manner in which the vote is to be cast.
If a proxy expressly provides, any proxy holder may appoint, in
writing, a substitute to act in his place; a substitution is not
authorized if such provision is not made. Each proxy shall
contain the date, time and place of the meeting for which the
proxy is given, and shall be valid only for that meeting and any
lawfully adjourned meetings thereof. In no event shall any proxy
be valid for a period longer than ninety (90) days after the date
of the first meeting for which it was given. Each proxy shall be
revocable at any time at the pleasure of the Owner(s) executing it
(subj ect to S 607.101, Fla. Stats. ); however, in order for such
revocation to be effectiver written notice thereof shall be given
to the Secretary of the corporation If a proxy confers authority
upon two or more persons and does not otherwise provide, a
majority of such persons present at the meeting, or if only one is
present then that one, may exercise all the powers conferred by
the proxy; but, if the proxy holders under the same proxy present
at the meeting are equally divided as to the right and manner of
voting in any particular case, the voting of such Voting Rights
shall be prorated
Section 7. Annual or special meetings of the members may
be held at any time or place without notice with the written
consent of all Voting Representatives, and may also be held at any
time or place without notice in an emergency situation.
Section 8. The Secretary of the Corporation may require
of any member a written statement designating the Voting
Representative authorized to cast the vote(s) allocated to any
Parcel. Such certificate shall be valid until revoked by a
subsequent certificate, which revocation shall be in writing and
shall be delivered to the Secretary of the Corporation. Unless
said certif icate, when so requested by the Secretary, is filed
with the Secretary of the Corporation at least twenty-four (24)
hours prior to the meeting in which said vote (s) is to be cast,
the vote(s) attributable to the subject Parcel shall not be
considered for the purpose of determining a quorum or for any
other purpose.
Section 9 The order of business at all meetings of the
members of the Corporation, where applicable, shall be as follows:
a. Election of chairman of the meeting, if required
b. Call of the roll and certifying of a quorum.
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5450 ?9 1 1 75
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j
k.
Proof of notice of meeting or waiver
Reading or waiver of reading of
minutes
Reports of officers.
Reports of committees
Election of inspectors of election
Election of directors
Unfinished business.
New business
Adjournment.
of notice.
any unapproved
c.
d
e.
f
g.
h
Section 10. Any statutory
memoe rs' meet ing 0 r to take act ion
permitted under these Bylaws
right to
without
waive notice of
a meet ing shall
a
be
ARTICLE VI
DIRECTORS
Section 1. The business affairs of the Corporation shall
be managed by a Board of Directors who shall be elected by the
member(s). Said Board of Directors shall consist of at least
three (3) and not more than seven (7) persons of legal age
Except as othendse specifically provided herein, a Board member
need not be a member of the Corporation
Section 2. The original members of the Board of
Directors shall be those persons set forth in the Articles of
Incorporation. SUbject to Section 14. below, Directors shall be
elected annually by the members at the annual members' meeting,
and such d i recto rs shall se rve unt i 1 the i r successo rs a re duly
elected and qualified, or until they are removed in the manner
elsewhere provided, or until they resign, whichever first occurs.
The procedure for electing directors by the member(s) Shall be as
follows:
a. A nominating committee of members shall be appointed
by the Board of Directors not less than sixty (60) days prior to
the annual members' meeting. The committee shall nominate one (1)
person for each Director then serving or to serve Other
nominations may be made from the floor
b The election shall be by ballot (unless dispensed by
unanimous consent) and by a plurality of the votes cast, each
person voting being entitled to cast his vote for each of as many
nominees as there are vacancies to be filled. There shall be no
cumulative voting.
Section 3. Sub3ect to Section 14. below, in the event of
a vacancy occurring in the Board of Directors for any reason
whatsoever, tne remaining directors shall elect a person to serve
as a director for the unexpired portion of the term of the former
director.
Section 4. A director may be removed from office, with
or without cause, by the affirmative vote of at least two-thirds
(2/3) of the total Voting Rights in the Park, at a special meeting
of the members called for that purpose
Section 5. No compensation shall be paid to Dlrectors
for their services as Directors Compensation may be paid to a
Director in his or her capacity as an officer or employee or for
other services rendered to the Corporation outside of his or her
duties as a Director In this case, however, said compensation
must be a pproved in advance by the Boa rd of Di recto rs and the
Director to receive said compensation shall not be permitted to
vote on said compensation The Directors shall have the right to
set and pay all salaries or compensation to be paid to officers,
employees, agents or attorneys for services rendered to the
Co r po rat ion.
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Section 6. The first meeting of a newly elected Board of
Directors shall oe held within ten (10) days of electlon at such
place as shall De fixed by the Directors at the meeting at which
such Directors were elected, and no notice shall be necessary to
the newly elected D i recto rs in 0 rde r to lega lly canst i tu te such
meeting provided that a majority of the whole board shall be
present.
Section 7. Regular meetings of the Board of Directors
may be held at SUCh time and place as shall be determined from
time to time by a majority of the Board of Directors Notice of
regular meetings of the Board of Directors shall be given to each
Director, personally or by mail, telephone or telegraph, at least
ten (10) days prior to the day named for such meeting
The Directors may establish a schedule
meetings and no notice shall be required to be given
as to SUCh regula r meet ings once sa id schedule has
and delivered to all Directors.
of regular
to Directors
been adopted
Section 8. Special meetings of the Board of Directors
may be called by the President on three (3) days' notice to each
Director, given personally or by mail, telephone or telegraph,
which notice shall state the time, place and purpose of the
meeting Special meetings of the Board of Directors shall be
called by the President or Secretary in like manner and on like
notice upon the written request of at least two (2) members of the
Board of Directors.
Section 9. Before, at, or after any meeting of the Board
of Directors, said Directors may, in writing, waive notice of said
meeting and such waiver Shall be deemed equivalent to the giving
of proper notice. Attendance by a Director at any meeting of the
Board shall De a waiver of any lack of notice thereof
Section 10. At all meetings of the Board of Directors, a
majority of the Board of Directors shall constitute a quorum for
the transaction of business, and the acts of the majority of the
Directors present at a meeting at which a quorum is present shall
be the acts of the Board of Directors, except where approval by a
greater number of Directors is required by the Declaration, the
Articles of Incorporation, or these Bylaws. If at any meeting of
the Board of Directors there be less than a quorum present, the
majority of those present shall be able to adjourn the meeting
from time to time. The President of the Corporation, or in his
absence the Vice President, or, in the absence of both, any
Director designated by the Directors, shall act as Chairman of the
Board of Directors, and he shall be entitled to vote as a member
of the Board of Directors on all questions arising before the
Board of Directors.
Section 11. The order of business at a Directors'
meeting, if applicable, shall be
a. Election of Chairman of the meeting, if required
b. Calling of the roll
c Proof of due notice of meeting.
d. Reading and disposal of any unapproved minutes
e Reports of officers and committees.
f. Election of officers
g. Unfinished business
h. New business
i. Adjournment
Section 12. All of the powers and duties of the
Corporation existing under the Declaration, the Articles of
Inco rpo ra t ion and these By laws shall be exe rc ised exc ius ively by
the Board of Directors or its managing agents, subject only to
approval by members of the Corporation when such is specifically
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requir~d The Board of Directors shall nave all tn~ powers vesten
under common law and under Chapters 617 and 607 (to the extent
applicable), Florida Statutes, together with any powers granted to
it pursuant to the terms of these Bylaws, the Articles of
Incorporation of the Corporation, and the Declaration Sucn
powers shall include but not be limited to the power
a To manage, operate, and administer this Corporation
and its interests
b. To make and collect assessments from members for the
purposes of carrying out tne Corporation's obligations and duti~s
c To ma inta in, const ruct, improve,
the Corporation's property and interests, or
which the Corporation has such responsibility.
repair and replace
the property fo r
d. To hire and dismiss any personnel regarding the
maintenance, operation, and administration of the Corporation's
property and its interests, or the property for which the
Corporation has such responsibility.
e.
To make,
the use
and/o r
impose
amend,
of the
owned 0 r
penalties
and publ ish rules and regulations
property operated, maintained,
leased by the Corporation, and
and sanctions for any infractions
respecting
administered,
establ isn and
therof.
f. To carry and pay the premium for such insurance as
may be required for the protection of the Corporation and the
members tnereof against any casualty or any liability
g. To employ a management firm at a compensation
establisned by the Board of Directors and to delegate to such
management firm such powers and duties as the Board shall
authorize except those as are specifically required to be
exercised by the Board of Directors or the membership.
h. To enfo rce and exe rc ise by legal means the
provisions of the Declaration, these Bylaws, tne Articles of
Incorporation of this Corporation, and tne rules and regulations
of the Corporation
i To pay any taxes or special assessments on any lands
owned, operated, or maintained by the Corporation.
j. To g rant easements to
properties owned by the Corporation,
properties owned by the Corporation.
any person wi th
and to lease to
respect to
any person
Sect ion 13. Any statuto ry
members' meeting or to take action
permitted under these Bylaws.
right to
without
waive notice of a
a me-=ting shall be
Section 14 The procedures provided for under this
Article VI with respect to the selection and replacement of
members of the Board of Directors shall be subject to the rights
of the original Owner of Lot 55 in accordance witn Article XXII.C
in the Declaration to which these Bylaws are an EXhibit
ARTICLE VII
OFFICERS
Section 1 The principal officers of tne Corporation
shall be a President who shall be a Director, a Vice President who
shall be a Director, a Secretary, and a Treasurer, all of whom
shall be elected by the Board of Directors The Directors may
appoint assistant treasurers and assistant secretaries and SUCh
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other officers as in their judgment may be necessary
more offices may be held by the same person
Any two or
Section 2. The officers of the Corporation shall be
elected annually by the Board of Directors at the annual meeting
of the Board of Directors and shall hold office until their
successors shall be duly elected and qualified, or until they are
removed, or until they resign, whichever first occurs.
Section 3. By an affirmative vote of the majority of the
members of the Board of Directors, any off icer may be removed,
either with or without cause, and his successor elected by an
affirmative vote of the majority of the Board of Directors at any
regular meeting of the Board of Directors or at any special
meeting of the Board called for such purpose.
Section 4. The President shall be the chief executive
officer of the Corporation. He shall preside at all meetings of
the members and of the Board of Directors. He shall have all of
the general powers and duties which are usually vested in the
office of President of a corporation including, but not limited
to, the power of appointing committees among the members from time
to time as he may deem appropriate to assist in the conduct of the
affairs of the Corporation.
Section 5. The Vice President shall perform all the
duties of the President in the President's absence and shall
assist the President and exercise such other duties as may be
required of him from time to time by the Board of Directors.
Section 6. The Secretary shall process all membership
applications, issue notices of all Board of Directors' meetings
and meet ing s of the membership and shall at tend and keep minutes
of the same; he shall have charge of all corporate books, records
and papers, except those of the Treasurer; he shall be custodian
of the corporate seal; he shall have the authority to attest, with
his signature and press of the Corporation seal, all contracts or
other documents required to be signed on behalf of the Corporation
and shall perform all other such duties as are inc ident to his
office. The duties of the assistant secretary shall be the same
as those of the Secretary in the absence of the Secretary.
Section 7. The Treasurer shall have the responsibility
for Corporation funds and securities and shall be responsible for
keeping full and accurate accounts of all receipts and
disbursements in books belong ing to the Corporation. He shall be
responsible for the deposit of all monies and other valuable
effects in the name and to the credit of the Corporation in such
depositories as may from time to time be designated by the Board
of Directors The duties of the Assistant Treasurer shall be the
same as those of the Treasurer in the absence of the Treasurer.
Section 8. Any vacancy in the office of President, Vice
President, Treasurer or Assistant Treasurer, Secretary or
Assistant Secretary, or any other office, may be filled by the
Board of Directors who may elect a successor to the vacant office
at any regular or special meeting, and such successor shall hold
office for the balance of the unexpired term
Section 9. The compensation of all officers and
employees of the Corporation shall be fixed by the Directors.
ARTICLE VIII
FINANCE
Section 1. The funds of the Corporation shall be
deposited in such banks or depositories as may be determined by
the Board of Directors, from time to time, upon resolutions
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,
approved by
upon checks
officers of
Directors
the Board of Directors, and shall he witndrawn onlJ
and demands for monies signed by such officer or
the Corporation as may be designated by the Board of
Section 2 The fiscal year of the Corporation shall
begin on the first day of January of each year; provided, however,
that the Board of Directors is expressly authorized to change to a
different fiscal year at such time as the Board of Directors deem
advisable.
Section 3 A financial report of the accounts of tne
Corporation shall be made annually and a copy of the report shall
be furnished to each member not later than June 1st of the year
following the year for which the report is made
Section 4 Tne Board of Directors of the Corporation
shall maintain an assessment roll in a set of accounting books in
whiCh there shall be an account for each Parcel Each account
shall designate the name and address of the member(s), the amount
of each assessment against the member(s), the dates and amounts in
whiCh tne assessments become due, the amounts paid upon the
account, and the balance due upon the assessments. The Board of
Directors shall issue, or cause to be issued, upon demand by a
member, a certificate representing the status of assessments
pertaining to said member. A reasonable charge may be made by the
Board of Directors for the issuance of said certificate.
Regular Assessments against the members shall be made for
the fiscal year annually in advance on or before the 20th day of
the month preceeding the first month of the fiscal year for which
the assessments are made, or on a monthly, quarterly, or
semiannual basis, whichever is deemed appropriate by the Board of
Directors for a particular year Such assessments shall be due
and payable as directed by the Board of Directors If an annual
budget is not made as required, the assessment(s) shall be
presumed to be in the same amount(s) as the last prior fiscal year
until changed by an amended assessment
Section 5. The Board of Directors shall adopt an annual
budget on or before December 15th each year for the following
calendar year, which budget shall be deta iled and Shall show the
amounts budgeted by accounts and expense classifications, and
shall contain estimates of the cost of operating and maintaining
the Co rpo ra t ion.
Written notice of the time and place of the Board of
Directors Meeting when the annual budget is to be considered for
adoption, together with a copy of the proposed budget, shall be
mailed to each member not less than thirty (30) days prior to such
meeting Such Board of Directors Meeting shall be open to the
members.
Section 6. The Board of Directors may require tnat a
fidelity bond be obtained for all officers and employees of the
Corporation handling or responsible for Corporation funds The
amount of such bond shall be determined by the Board of Directors
and the premium on such bond shall be pa id by the Co rpo ra t ion as
an item of general expense.
Sect ion 7
Corporation shall be
enumerated in the
and/or these Bylaws
All assessments paid by members of the
utilized by the Corporation for the purposes
Declaration, the Articles of Incorporation
Section 8. Termination of membersnip in tne Corporation
shall not relieve or release any SUCh former member from any
liabilities or obligations incurred under or in any way connected
with the Corporation during the period of nis membership, or
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5450 r3 1 180
impair any rights or remedies which the Corporation may hav-=
against such former member arising out of, or in any way conn~cted
wi tn, such membe rsh i p and the covenants and obl ig a t ions i nc id en t
thereto
ARTICLE IX
INDEMNIFICATION
Section 1. The Corporation shall indemnify any Director
or Officer of the Corporation, and/or any member of the
Architectural Review Committee (as defined in the Declaration),
collectively referred to nerein as the "Indemnities" and
individually referred to nerein as an "Indemnitee, II made a party
or threatened to be made a party to any threatened, pending or
completed action, suit or proceeding as follows This
indemnification Shall extend to any action of a judicial,
administrative, criminal, or investigative nature (including but
not limited to, an action by the Corporation), brought by or
against an Indemnitee, based on an act, or acts, alleged to nave
been committed by such Indemnitee, in his capacity as an Officer,
Director or member of the ArChitectural Review Committee. In any
such action, the Indemnitee shall be indemnified against
judgments, losses, liabilities, costs, fines, amounts paid in
settlement, and reasonable expenses, including attorneys' fees,
actually and necessarily incurred as a result of such action,
suit, or proceeding or any appeal therein, provided such
Indemnitee did not act with gross negligence or willful
misconduct The termination of any such action, suit, or
proceeding by judgment, order, settlement, conviction, or upon a
plea of nolo contendere or its equivalent shall not, in itself,
create a --pt:esumpt ion that any such Indemni tee acted wi th gross
negligence or willful misconduct.
Section 2. Indemnification as provided in this Article
shall continue as to a person WhO has ceased to be a Di rector,
Officer, or member of the Architectural Review Committee, and
sha 11 inu re to the benef it 0 f the he i rs, executo rs, and
administrators of such person. References herein to Directors,
Officers and members of the Architectural Review Committee, shall
include not only current Directors, Officers, and members of the
ArChitectural Review Committee, but former Directors, former
Officers, and former members of the Architectural Review Committee
as well
Section 3 The Corporation shall have the power to
purchase and maintain insurance on behalf of any person who is a
Director or Officer of the Corporation, or a member of the
Architectural Review Committee, against any liability asserted
against him and incurred by him in any such capacity or arising
out of his status as such, whether or not the Corporation would
have the power to indemnify him against such liability under the
provisions of this Article
Section 4. The aforementioned rights shall be in
addition to, and not exclusive of, all other rights to which such
Director, Officer, or ~~mber of the Architectural Review Committee
may be entitled under Fl ida law
ARTICLE X
RULES AND REGULATIONS
The Board of Directors shall have the authority to adopt
reasonable rules and regulations governing the development, use,
and operation of the Common Areas Such Rules and Regulations
shall not be in conflict witn the terms of the Declaration
Copies of the Rules and Regulations shall be delivered to an Owner
upon written request to the Association
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ARTICLE XI
REGISTERS AND SEAL
.
Section 1. The Secretary of the Corporation shall
maintain a register in the Corporation office showing the names
and addresses of members. It shall be the obligation of the
individual members to advise the Secretary of the Corporation of
any change of address or of any change of ownership The
Corporation, for purposes of notification, shall have the right to
rely upon the last given address of each of the members as set
forth in said register.
Section 2. The seal of the Corporation shall have
inscribed thereon the name of the Corporation, the word "Florida,"
the year of the Corporation's formation, and the words
"corporation not for profit II Said seal may be used by causing it
or a facsimile thereof to be impressed, affixed, or otherwise
reproduced.
ARTICLE XII
ELECTING OUT OF S607.109
Section 607.109, Fla. Stats.
control-share acquisition of Voting Rights,
said Section 607.109.
shall not apply to
if appl icable, unde r
ARTICLE XIII
AMENDMENTS
Section 1. These Bylaws may be amended upon:
a. the affirmative consent of at least two-thirds (2/3)
of the entire membership of the Board of Directors and of at least
a majority of the total Voting Rights in the Park; or
b. the affirmative consent of at least sixty-five
percent (65%) of the total Voting Rights in the Park.
Section 2. The Amendment shall be recorded in the Public
Records of Palm Beach County.
THE FOREGOING WERE DULY APPROVED AS THE BYLAWS OF QUANTUM
PARK PROPERTY OWNERS' ASSOCIATION, INC., A FLORIDA
CORPORATION NOT FOR PROFIT, AT THE FIRST MEETING OF THE BOARD OF
DIRECTORS.
QUANTUM PARK PROPERTY OWNERS'
ASSOCIA~ INC.
By: ~~
Its President
(CORPORATE SEAL)
STATE OF FLORIDA )
)
COUNTY OF BROWARD )
1,,~The foregoing instrument was acknowledged before
this /~ day of October, 1987, by Edward B Deutsch,
President of Quantum Park Property Owners' Association, Inc ,
Flq~ida not-for-profit corporation, on behalf of the Corporation.
me
as
a
'\
."
JJ1JA-A/ .3-, ~
Notary Public
, .
..
;.~. - . ji RECORD VERIFIED
r" ti- ':P~tM BEACH COUNTY. FLA.
..... -.., JOHN B DUNKLE
tSEAl:4>- ~, ! CLERK CIRCUIT COURT
~~' >\i
\ ~t~~. .f'"
'(.
My Commission Expires
IOTARY PUBLIC STATE OF FLORIDA
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BOIDED THRU GElERAL IMS UMO.
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