CORRESPONDENCE
January 9,2003
GERALD L. KNIGHT
954.468.7868
Internet Address:
gknight@hklaw.com
VIA FACSIMILE
J ames A. Cherof, Esq
City Attorney
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Re Dakota Lofts
Dear Jim.
As you know, we represent Dakota Lofts Development Corporation
("Dakota") In previous discussions with Lindsay Payne of your office, I agreed
to provide the City with a utility easement for Bamboo Lane from G.A. Homes,
Inc., which is the record-tltle owner of Bamboo Lane Accordmgly, please find
enclosed a proposed Grant of Easement to the City of Boynton Beach, whIch has
been executed on behalf of G.A. Homes, Inc. Please review the proposed Grant
of Easement and give me your comments. I will hold the onginal Grant of
Easement and delIver it to your office for recording when the Dakota Lofts Plat
has been approved by the City Engineer
Abo enclosed is a copy of a proposed Grant of Easement from G .A. Homes,
Inc., to Dakota for ingress and egress over Bamboo Lane. Agam, please reVIeW
the proposed Grant of Easement and glVe me your comments. With respect to
thIS proposed Grant of Easement, I have previously prOVIded Lmdsay Payne
with a copy of a surveyor's letter stating that Bamboo Lane is not included in the
property described in the Final Judgment in Favor of Palm Beach County
recorded at O.R. Book 1902, Page 1322, PublIc Records of Palm Beach County,
Florida. Thus, the first alternatlVe stated m Item 36 of David Kelley's letter to
Dror Trigger dated December 20, 2002 (which I also previously copied to Lmdsay
Payne), is not applicable As to the second alternative, G.A. Homes, Inc., has no
J ames A. Cherof, Esq
January 9,2003
Page 2
present intention of dedicating Bamboo Lane as a public street; nor will Bamboo
Lane be included III the plat of Dakota Lofts. Based on the best title informatIOn
available, Bamboo Lane is a private street now owned by G A. Homes, Inc.,
which is granting an express easement to Dakota to utilize Bamboo Lane for
mgress and egress to the Dakota Lofts development. Thus, the second
alternatIve mentIOned in Mr Kelley's December 20 letter is also inapplicable.
By virtue of the express easement for lllgress and egress being granted by G.A.
Homes, Inc., to Dakota (as well as any existing prescriptive or implied easement
rights Dakota may already possess), the right of access over Bamboo Lane to a
publIc highway (U.S. 1) can be clearly demonstrated by Dakota, and, therefore,
City Engmeer approval of the plat of Dakota Lofts should no longer be delayed
for this reason.
Further, in Item 3 i) of David Kelley's December 20 letter, he mquires as
to how Dakota will prevent "Tract 'B' [i.e., Dakota Lofts] from crossing the Not
Included Lot 3D, and VIce versa." We do not belIeve that this matter, which
relates to the use of the canal adjacent to Dakota Lofts and Lot 3D, is relevant to
the City Engineer's approval of the Dakota Lofts plat. I am aware of no
provision of Chapter 177, Florida Statutes, or the City of Boynton Beach Code to
whIch such an mqUlry would reasonably relate. ThIS IS a pnvate matter between
the owner of Dakota Lofts and the owner of Lot 3D In any event, Dakota will
work with the owner of Lot 3D to come up WIth mutually acceptable appropriate
measures (such as signage, floatmg buoys, etc.) to prevent such encroachments.
Thank you for your consideration.
Very truly yours,
HOLLAND & KNIGHT LLP
By'
GERALD L. KNIGHT
cc: Lindsey Payne, Esq
Dror Triger
Press Tompkins
FTLl #605828 vI
CITY OF BOYNTON BEACH, FLORIOA
INTER-OFFICE MEMORANDUM
TO'
Jeff Livergood, Director, Public Works
CC'
David Kelley, Utility Engineer
FROM.
Lindsey A. Payne, Assistant City Attomey LAP
James A. Cherof, City Attorney JAC
SUBJECT
City of Boynton Beach (the "City")/Dakota Lofts Plat
DATB.
December 24, 2002
Thank you and David for meeting with me on Wednesday, December 18, 2002, regarding the
Dakota Lofts Plat David's research and review of the platting issues pertaining to Dakota Lofts
serves the City well and his due diligence and dedication are to be commended. I do understand
and respect all of the timo and effort he has put into detennininjj; the issues pertaining to the plat
and its relationship to Bamboo Lane.
As we discussed at the meeting, Bamboo Lane according to the infonnation supplied by
Attorney Jeffrey A. Levine, is owned either by Palm Beach County because of a Court order
transferring title for Impaid taxes or Dakota Lofts via the quit-claim deeds provided by the
SWetman heirs to Dakota Lofts. This means that either the County owns the road or Dakota Lofts
owns the road. Between the two, I am confident that the access issue via Bamboo Lane is no
longer a legal impediment to letting Dakota Lofts proceed with basic engineering groundwork.
If you like, we CQuld probably put language in any engineerinjj; permits Issued at this point to
Dakota Lofts that the permits are being issued subject to final plat approval and that Dakota
Lofts is willing to proceed knowing that the plat still needs approval.
Please feel free to call me with any questions or concerns regarding this matter. Please let me
know if you disagree with allowing Dakota Lofts proceed with preliminary engineering penl1its.
LAP/ja
H:\1990\9(JOI82.Bll\MEMO 2D01\lcff Umgooo. (OakOt. Lofts Plat).doc
TOTAL P 02
ARTICLES OF INCORPORATION FOR DAKOTA LOFTS AT BOYNTON BEACH HOMEOWNERS ASSOCIATION, INC.
a Florida Corporation not for profit.
The undersigned Incorporators by these Articles associate themselves for the purpose of forming a corporation not for profit pursuant to the
laws of the State of Florida, and hereby adopt the following Articles of Incorporation.
ARTICLE 1. NAME.
The name of the corporation shall be DAKOTA LOFTS AT BOYNTON BEACH HOMEOWNERS ASSOCIATION, INC. For convenience, the
corporation shall be referred to In this instrument as the "Association," these Articles of Incorporation as the "Articles." and the Bylaws of the
Association as the "Bylaws."
ARTICLE 2: PURPOSE
The purpose for which the Association is organized is to provide an entity for the purpose of administering a residential real estate project
known as DAKOTA LOFTS (the "Project"), which is being developed by DAKOTA LOFTS DEVELOPMENT CORP., a Florida Corporation
Ithe "Declarant"), and for any other lawful purpose.
ARTICLE 3: DEFINITIONS
The terms used in these Articles shall have the same definitions and meaning as those set forth in the Declaration of Covenants, Restrictions
and Easements for Dakota Lofts at Boynton Beach. as amended and modified from time to time, (the "Declaration") to be recorded in the
Public Records of Palm Beach County, Florida, and/or the Bylaws. unless herein provided to the contrary, or unless the context otherwise
requires.
ARTICLE 4: POWERS
The powers of the Association shall inctude and be governed by the following:
4.1 General. The Association shall have all of the common-law and statutory powers of a corporation not for profit under the laws of Florida
that are not in conftict with the provisions of these Articles, the Declaration or the Bylaws, together with such additional specific powers as
are contained in the Declaration, the Bylaws and elsewhere in these articles.
4.2 Enumeration. The Association shall have all of the powers reasonably necessary to operate the Project pursuant to the Declaration and
as more particularly described in the Bylaws and these Articles, as they may be amended from time to time, including, but not limited to, the
following:
(a) To make and collect Assessments and other charges against Members as Lot Owners, and to use the proceeds thereof in the exercise
of its powers and duties.
(b) To buy, own, operate, lease, sell, trade and mortgage both real and personal property
(c) To maintain, repair, replace. reconstruct, add to and operate the Project, and other property acquired or leased by the Association.
(d) To purchase insurance upon the Common Properties and all portions of the Property, including Improvements thereon, under the
jurisdiction of the Association, its officers, directors and Owners.
(e) To make and amend reasonable rules and regulations for the maintenance. conservation and use of the Project and for the health,
comfort, safety and welfare of the Owners.
In To approve or disapprove the leasing, transfer, ownership and possessions of Lots as may be provided by the Declaration.
Ig) To enforce by legal means the provisions of the Declaration, these Articles, the Bylaws, and the rules and regulations for the use of the
Project, subject, however to the limitation regarding assessing Lots owned by the Declarant for fees and expenses relating in any way to
claims or potential claims against the Declarant as set forth in the Declaration and/or Bylaws.
Ih) To contract for the management and maintenance of the Project and to authorize a management agent (who may be an affiliate of the
Declarant) to assist the Association in carrying out its powers and duties by performing such functions as the submission of proposals,
collection of Assessments, preparation of records, enforcement of rules and maintenance, repair and replacement of the Common Properties
with funds as shall be made available by the Association for such purposes. The Association and its officers and Directors shall, however,
retain at all times the powers, and duties granted by the Declaration, including, but not limited to the making of Assessments, promulgation of
rules and execution of contracts on behalf of the Association.
(i) To employ personnel to perform the services required for the proper operation of the Project.
U) To pay the cost of all power, water, sewer waste collection, and other utility services rendered to the property of the Association. and not
billed to the Owners.
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(k) To grant such permits, licenses, and easements over the Common Properties for utilities, roads and other purposes reasonably
necessary or useful to the Association.
(I) To do such otl1er tI1ings as may be necessary in order to perform the duties and to exercise the powers provided to the Association in the
Declaration.
4.3 Association Property All funds and the titles to all properties acquired by the Association and their proceeds shall be held for the benefit
and use of the Members in accordance with the provisions of the Declaration, these Articles and the Bylaws.
4,4. Distribution of Income: Dissolution. The Association shall make no distribution of income to its Members, Directors or officers, and upon
dissolution, all assets of the Association shall be transferred onty to another non-profit corporation or a public agency, except in the event of
a termination of the Declaration.
4.5 Limitation. The powers of the Association shall be subject to and shall be exercised in accordance with the provisions hereof and of the
Declaration and the Bylaws.
ARTICLE 5: MEMBERS
5.1 Membership. The members of the Association ("Members") shall consist of the Declarant and all of the Owners of Lots in the Project from
time to time, as further described in the Declaration.
5.2 Change of Membership. Subject to the terms and conditions of the Declaration, change of membership in the Association shall be
established by recording in the public records of the County, a deed or other instrument establishing a record title to a Lot and the delivery to
the Association of a copy of such instrument The Owner designated by such instrument shall be deemed to become a Member of the
Association, and the membership of the prior owner shall be deemed terminated on the date of execution of such instrument
5.3 Assignment The share of a Member in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any
manner except as an appurtenance to the Lot for which that share is held.
5,4 Voting. On all matters upon which the membership shall be entitled to vote, there shall be only one vote for each Lot, which vote shall be
exercised or cast in the manner provided by the Declaration and Bylaws; provided. however, the Declarant shall also have additional votes in
accordance with its Class B membership. as provided in the Declaration. Any person or entity owning more than one Lot shall be entitled to
one vote for each Lot owned.
5.5 Meetings. The Bylaws shall provide for an annual meeting of Members, and may make provision for regular and special meetings of
Members other than the annual meeting.
ARTICLE 6. TERM OF EXISTENCE
Unless otherwise terminated in accordance with these Articles, the Declaration or the laws of Florida, the Association shall have perpetual
existence.
ARTICLE 7: INCORPORATOR(S)
The names and address of the Incorporator(s) to these Articles are as follows:
Dakota Lofts Development Corporation
3010 S. Federal Highway, Boynton Beach, FL 33435
ARTICLE 8: OFFICERS
Subject to the direction of the Board (described in Article 9 below) the affairs of the Association shall be administered by the officers holding
the offices designated in the Bylaws. The officers shall be elected by the Board at its first meeting following the annual meeting of the
Members of the Association and shall serve at the pleasure of the Board. The Bylaws may provide for the removal from office of officers, for
filling vacancies and for the duties of the officers.
The names of the officers who shall serve until their successors are designated by the Board are as follows:
President: Amir Greenfield
Vice President: Orar Trigger
Secretary/Treasurer' Tamar Muller
,
J
ARTICLE 9: DIRECTORS
9.1 Number and Qualification. The property, business and affairs of the Association shall be managed by a board (tile "Board of Directors")
consisting of the number of Directors determined in the manner provided by the Bylaws, but which, prior in the Declarant's turnover of control
of the Association to Owners other than Declarant, as provided in the Bylaws, shall consist of not less than three (3) Directors, and after the
Declarant's turnover of such control as aforesaid, shall consist of not less than three (3) Directors. Directors need not be members of the
Association 0 Owners of Lots in the Project.
9.2 Duties and Powers. All of the duties and powers of the Association existing under the Declaration. these Articles and the Bylaws shall be
exercised exclusively by the Board, its agents, contractors or employees, subject only to approval by Lot Owners when such approval is
specifically required and except as provided in the Declaration.
9.3 Election; Removal. Directors of the Association shall be elected at the annual meeting of the Members in the manner determined by and
subject to the qualifications set forth in the Bylaws. Directors may be removed and vacancies on the Board shall be filled in the manner
provided in the Bylaws. Notwithstanding the foregoing, until the Turnover Date, the Declarant shall have the exclusive right to elect and
remove all of the Directors to the Board of Directors.
9.4 Initial Directors. The names of the members ot the first board who shall hold office until their successors are elected and have qualified.
as provided in the Bylaws are as follows:
Amir Greenfield
Dror Trigger
Tamar Muller
ARTICLE 10: INDEMNIFICATION
10.1 Indemnity The Association shall indemnify any person who was or is a party or is threatened to be made a party to any threatened,
pending or contemplated action, suit or proceeding, whether civil. criminal, administrative or investigative. by reason of the fact that he is or
was a director. employee, officer, or agent of the Association, against expenses (including attorneys' fees and appellate attorneys' fees)
judgments, fines and amounts paid in selt/ement actually and reasonably incurred by him in connection with such action, suit or proceeding,
unless (a) a court of competent jurisdiction finally determines, after all appeais have been exhausted or not pursued by the proposed
indemnity, that he did not act in good faith or in a manner he reasonably believed to be in. or not opposed to, the best interest of the
Association, and with respect to any criminal action or proceeding, that he had reasonable cause to believe that his conduct was unlawful,
and (b) such court also determines specifically that indemnification should be denied. The termination of any action, suit or proceeding by
judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the
person did not act in good faith and in a manner which he reasonably believed to be in, or not opposed to, the best interest of the
Association, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
10.2 Expenses. To the extent that a Director, officer, employee or agent of the Association has been successful on the merits or otherwise in
defense of any action, suit or proceeding referred to in Section 10.1 above, or in defense of any claim. issue or matter therein, he shall be
indemnified against expenses (including attorneys' fees and appellate attorneys' fees) actually and reasonably incurred by him in connection
therewith.
10.3 Advances. Expenses incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Association, in advance of
the final disposition of such action, suit, or proceeding upon receipt of an understanding by or on behalf of the affected Director, officer,
employee or agent to repay such amount unless it shall be ultimately determined that he is entitled to be indemnified by the Association as
authorized in this Article 10.
10.4 Miscellaneous. The indemnification provided by this Article shall not be deemed exclusive of any other rights to which those seeking
indemnification may be entitled under any Byiaw, agreement, vote of members or otherwise, and shall continue as to a person who has
ceased to be a Director, officer, employee or agent and shall inure to the benefit of the heirs and personal representatives of such person.
10.5 Insurance. The Association shall have'the power to purchase and maintain insurance on behalf of any person who is or was a Director,
officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against any liability asserted against
him and insured by him in any such capacity, or arising out of the status as such, whether or not the Association would have the power to
indemnify him against such liability under the provisions of this Article.
10.6 Amendment. Anything to the contrary herein notwithstanding the provisions of this Article 10 may not be amended without the approval
in writing of all persons whose interest would be adversely affected by such amendment.
ARTICLE 11. BYLAWS
The first Bylaws of the Association shall be adopted by the initial Board of Directors and thereafter may be altered, amended. modified or
rescinded in the manner provided in the Bylaws and as permitted by law.
4
ARTICLE 12: AMENDMENTS
12.1 Prior to the Turnover Date. the Declarant may amend these Articles (consistent with the provisions of the Declaration allowing certain
amendments to be effected by Declarer alone) without the consent of the Members or of the Board of Directors.
12.2 On or after the Turnover Date, amendments to these Articles shall be proposed and adopted in the fOllowing manner'
(a) The Board of Directors shall adopt a resolution selting forth the proposed amendment and directing that it be submitted to a vote at a
meeting of the Association, which may be either the annuat or a special meeting.
(b) Written notice setting forth the proposed amendment or a summary of the changes to be effected thereby shall be given to each Member
entitled to vote thereon within the time and in the manner provided in the Bylaws for the giving of notice of a meeting of the Members. If the
meeting is an annual meeting, the proposed amendment or such summary may be included in the notice of such annual meeting.
(c) At such meeting, a vote of the Members entitled to vote thereon shall be taken on the proposed amendment. The proposed amendment
shall be adopted upon receiving the affirmative vote of at least seventy-five (75%) percent of the votes of each class of Members.
(d) Any number of amendments may be submitted to the Members and voted upon by them at anyone meeting.
(e) If all of the Directors and all of the Members eligible to vote sign a written statement manifesting their intention that an amendment to
these Articles be adopted, then the amendment shall thereby be adopted as though the above requirements had been satisfied.
12.3 No amendment shall make any changes in the qualifications for membership nor in the voting rights of Members without approvat by all
of the Members and the joinder of all Institutional Mortgagees holding Institutional Mortgages upon the Lot(s). No amendment shall be made
that is in confiict with the Declaration or the Bylaws. Prior to the closing of the sale of all Lots within the Property, no amendment shall make
any changes which would in any way affect any of the rights. privileges, powers or options herein provided in favor of, or reserved to, the
Declarant, unless the Declarant shall join in the execution of the amendment.
12.4 No amendment to these Articles shall be made which discriminates against any Owner(s), or affects less than all of the Owners within
the Property, without the written approval of all of the Owners so discriminated against or affected.
12.5 Upon approval of an amendment to these Articles, the articles of amendment shall be executed and delivered to the Department of
State as provided by law, and a copy certified by the Department of State shall be recorded in the pubtic records of the County
ARTICLE 13: ADDITIONAL PROVISIONS
13.1 No Officer, Director or Member shall be personally liabte for any debt or other obligation of the Association, except as provided in the
Declaration.
13.2 The Association shall not be operated for profit. This corporation is organized under a non.stock basis, no dividend shall be paid, and
no part of the income of the Association shall be distributed to its Members, Directors or officers. The Association may pay compensation in
a reasonable amount to its Members, Directors or Officers for services rendered, and may confer benefits upon its Members as permitted by
law. No such payment, benefit or distribution shall be deemed to be a dividend or distribution of income.
13.3 Any assessments of fees collected by the Association, or by any managing entity acting on behalf of the Association, are held for the
benefit of Members of the Association and shall not be considered income of the Association.
13.4 Where the context of these Articles permits, the use of plural shall include the singular and the singuiar shall include the plural, and the
use of any gender shall be deemed to include all genders.
13.5 Should any paragraph, sentence, phrase or portion thereof, of any provision of these Articles or of the Bylaws or rules and regulations
promulgated thereunder be held invalid or held inapplicable to certain circumstances, it shall not affect the validity of the remaining parts
thereof or of the remaining instruments or the application of such provisions to different circumstances.
ARTICLE 14: PRINCIPAL ADDRESS OF ASSOCIATION
The principal office of this corporation shall be at 3010 S. Federal Highway. Boynton Beach, Fiorida 33435, or such other place as may
subsequently be designated by the Board.
ARTICLE 15: CONVEYANCE
The Association shall accept any and all deeds of conveyance delivered to it by the Declarant.
ARTICLE 16. REGISTERED AGENT
The name and address of the initial registered agent for service of process upon the Association shall be:
Dakota Lofts Development Corp.
3010 S. Federal Highway, Boynton Beach, FL 33435
5
The above address is also the address of the registered office of the Association.
IN WITNESS WHEREOF, the Incorporator has affixed his signature and caused these Articles of Incorporation to be executed as of this 15
day of November 2002
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this... .dayof .200... by Mitchell Pasin, as Incorporator of Dakota Lofts at
Boynton Beach Homeowners Association, Inc., a Florida not for profit corporation, on behalf of the corporation. He is personally known to me
or did produce... .as identification.
(SIGNATURE OF NOTARY)
(Name of Notary, typed, printed or stamped)
CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE FOR THE SERVICE OF PROCESS WITHIN THIS STATE NAMING
AGENT UPON WHOM PROCESS MAY BE SERVED.
In compliance with the laws of Florida, the following is submitted:
Desiring to organize under the laws of the State of Florida with Its principal office, as indicated in the foregoing Articles of Incorporation, at
City of Boynton Beach. County of Palm Beach, State of Florida, the corporation named in the said Articles has named Dakota Lofts
Development Corp. a Florida corporation. qualified to do business in Florida, as its statutory registered agent.
ACKNOWLEDGEMENT
Having been named the statutory registered agent for Dakota Lofts at Boynton Beach Homeowners Association, Inc. and named to accept
service of process for said corporation at the place designated in this certificate, I hereby accept the appointment as registered agent and
agree to act in this capacity I further agree to comply with the provisions of all statutes relative to t11e proper and complete performance of
my duties, and acknowledge that I am familiar with and accept the obligations of my position as registered agent.
DAKOTA LOFTS DEVELOPMENT CORP
By'
Print Name:
Title:
Dated this _ day of
200_
STATE OF FLORIDA )SS:
COUNTY OF
The foregoing instrument was acknowledged before me this_day of
.200_by as
behalf of the corporation. He/she is personally known to me or did produce
(SIGNATURE OF NOTARY)
of Dakota Lofts Development Corp. a Florida Corporation, on
as identification.
(Name of Notary. typed, printed or stamped)
6
DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR DAKOTA LOFTS AT BOYNTON BEACH HOMEOWNERS
ASSOCIATION, INC.
THIS DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR DAKOTA LOFTS AT BOYNTON BEACH
HOMEOWNERS ASSOCIATION. INC. ("Declaration") is made this day of 200_by DAKOTA LOFTS DEVELOPMENT
CORP" a Florida Corporation, the successors and assigns (hereinafter referred to as the 'Declarant"), and joined in by DAKOTA LOFTS AT
BOYNTON BEACH HOMEOWNERS ASSOCIATION, INC. a Florida corporation not for profit (hereinafter referred to as the "Association").
RECITALS
A Declarant owns certain real property located in Palm Beach County, Florida, which is more particularly described on Exhibit "A" attached
hereto (the "Property").
B. Declaration is developing the Property as part of a residential community known as DAKOTA LOFTS AT BOYNTON BEACH
(hereinafter called the ("Project").
C. In order to provide for the orderly development and efficient operation of the Property and to maintain the values thereof, Declarant
intends to develop the Property pursuant to a general plan, subject to certain protective covenants, conditions, restrictions, reservations,
easements, equitable servitudes, liens and burdens, all running with the Property, as hereinafter set forth.
D In connection with the foregoing, Declarant deems it desirable to create the Association, a corporation not for profit, under the laws of the
State of Florida, to which certain rights, powers, duties and obligations for the Property have been delegated and assigned including, without
limitation, operation, administration, maintenance and repair of portions of the Property including the "Common Properties" (as hereinafter
defined), and administering and enforcing the provisions of this Declaration.
NOW, THEREFORE, Declarant hereby declares that the Property shall be hereafter owned, used, sold, conveyed, improved, encumbered,
hypothecated, leased, demised and occupied, all subject to the covenants, restrictions, easements, reservations, conditions, regulations,
burdens, Ii~ns, equitable servitudes and all other provisions of this Declaration as hereinafter set forth, which shall run with, benefit and
burden all of the Property, and shall be binding on all parties having any right, title or interest in the Property, or any portion thereof, including
the parties' heirs, personal representatives, successors and assigns.
ARTICLE I: DEFINITIONS
1 1 "Articles" shall mean and refer to the Articles of Incorporation of the Association which have been filed in the office of the Department of
State of Florida, a copy of which is attached hereto as Exhibit "C", as such Articles may be amended from time to time.
1.2 "Assessments shall mean and refer to 'Common Assessments", Individual Assessments" and "Special Assessments" (as each is
hereinafter defined) individually and collectively, as the context may require.
1.3 "Association" shall mean and refer to DAKOTA LOFTS AT BOYNTON BEACH HOMEOWNERS ASSOCIATION, INC., a Florida
corporation not for profit, its successors and/or assigns.
1 4 "Board of Directors" or "Board" shall mean and refer to the Board of Directors of the Association.
1,5 "Bylaws" shall mean and refer to the Bylaws of the Association, which have been adopted by the Board, a copy of which is attached
hereto as Exhibit "0" as the Bylaws may be amended from time to time.
1.6 "City" shall mean and refer to the City of Boynton Beach, Florida, including all of its agencies, divisions, departments, attorneys, or
agents employed to at on its behalf.
1 7 "Common Assessment" shall mean and refer to the charge against all Owners and their Lots (as hereinafter defined), representing their
proportionate share of the routine Common Expenses (as hereinafter defined) of the Association.
1.8 "Common Expenses" shali mean and refer to the actual and estimated costs of ownership, maintenance, management, operation,
repair and replacement of the Common Properties, together with any other portion of the Property which is now or hereafter becomes the
maintenance obtigation of the Association, including but not limited to, any maintenance easements or other easements covering portions of
Lot(s) in favor of the association, including reserves for the foregoing to the extent adopted as part of the Association's budget, as provided
in the Bylaws, including, without limitation. (a) unpaid Assessments; (b) the costs of any and all commonly.metered utilities, cable or master
television charges, if any, and other commonly.metered charges for the Common Properties; (c) costs of management and administration of
the Association, inciuding, but not limited to, compensation paid by the Association to managers, accountants, attorneys and other agents,
employees, or independent contractors; (d) costs of all gardening and other services benefiting the Common Properties, and all recreational
facilities thereon, if any; (e) costs of bonding the members of the Board and the "Management Company" (as hereinafter defined); (I) taxes
paid by the Association, including real property taxes for the Common Properties, if any; (g) amounts paid by the Association for the
discharge of any lien or encumbrance levied against the Common Properties, or portions thereof; (h) the cost of maintaining any portion of
the Property subject to easements in favor of any governmental or non.governmental agencies, entities or persons, road swales or medians
7
within or adjacent to the Property; and (i) costs of any other items or expenses incurred by the Association for any reason whatsoever in
connection with the operation, administration, maintenance and repair of portions of the Property and Common Properties, including but not
limited to the recreational facilities, if any, the Association's rights or duties hereunder, andlor for the benefit of the Owners or the Property
1.9 "Common Properties" shall mean and refer to those portions of the Property (or any interest therein) which are declared as being
Common Properties in this Declaration or in any "Supplement Declaration" (as hereinafter defined), or those portions of the Property (or any
interest therein) which are conveyed by Declarant or otherwise to the Association as Common Properties, including where the context
requires or permits, any 'Improvements" (as hereinafter defined) thereon or any personal property owned by the Association and used or
useful in connection with the operation of the Common Properties. Common Properties are for the common use and enjoyment of the
Owners, subject to the rights hereunder of Declarant. Declarant hereby declares the real property described in Exhibit "B" hereto to be the
initial Common Properties.
1 1 0 "County" shall mean and refer to Palm Beach County, Florida, including all of the agencies, divisions, departments, attorneys, or agents
employed to act on its behalf.
111 "Declarant" shall mean and refer to Dakota Lofts Development Corp., a Florida Corporation, presently having an office located in Palm
Beach County, Florida, and any assignee of Declarant's rights hereunder in accordance with Section 15.13 hereof, but oniy to the extent that
such assignment is evidenced by an express written assignment of Declarant's rights recorded in the Public Records of the County
1 12 "Deciaration" shall mean this instrument, as it may be amended from time to time.
1 13 "Dwelling Unit" shall mean and refer to all units of residential housing situated upon the Property, including an attached or detached
single family house, townhouse or condominium unit.
114 "Famiiy" shall mean and refer to (i) a group of natural persons related to each other by blood, or legally related to each other by
marriage, or adoption, or (ii) a group of persons not so related who maintain a common household on a Lot.
115 "improvement(s) shall mean and refer to all structures or artificially created conditions and appurtenances thereto of every type and kind
located within the Property, including, but not limited to, buildings. structures, fixtures, walkways, sprinkler pipes and other apparatus, roads,
driveways, parking areas, fences, screening walls, retaining walls, seawalls, boat docks, stairs, decks, landscaping, hedges, windbreaks,
plantings, planted trees and shrubs, poles, bicycle racks, benches, antennas or satellite dishes, signs, and exterior air-conditioning and
water-softener fixtures or equipment, if any
1 16 "Individual Assessment" shall mean and refer to a charge against one or more Owners and their Lots, as further described in Section
6.5 of this Declaration.
1 17 "Institutional Mortgage" shall mean and refer to any bona fide first mortgage encumbering a Lot which was made in favor of Declarant, a
bank, mortgage company, insurance company, federal or state savings and loan association, real estate or mortgage investment trust, the
Federal Mortgage Association, or other lender who makes residential mortgage ioans in the ordinary course of its business and in generally
recognized in the community as an institutional lender
1 18 "Institutionai Mortgages" shall mean and refer to the holder of any institutional Mortgage.
1 19 "Limited Common Properties" shall mean and refer to those portions of the Common Properties which are declared or designated as
being Limited Common Properties in this Declaration of in any Supplemental Declaration (as hereinafter defined).
1.20 "Lot" shall mean and refer to any residential Lot or unit as shown on the Plat, as presently or hereafter recorded or modified, or as
shown on any plat waiver or record survey filled with the County, or any parcel of land located within the Property which has been or is
intended to be conveyed to an Owner and which contains or is intended to contain one Dwelling Unit, together with any improvements which
may be constructed thereon.
1.21 "Management Company" shall mean and refer to the person, firm or other entity employed by the Association as its agent to assist it in
fulfilling or carrying out certain duties. powers, obligations or functions of the Association.
1.22 "Members" shall mean and refer to any Persons who are entitled to membership in the Association, as provided in Article III hereof.
1.23 "Notice and Hearing" shall mean and refer to written notice and a public hearing, before a tribunal appointed by the Board, at which the
Owner charged with a particular offense shall have an opportunity to be heard in person or by counsel at such Owner's expense and as
otherwise provided in the Bylaws.
1.24 "Owner" shall mean and refer to a record owner of any percentage of the fee simple interest in a Lot within the Property, including
Declarant, but excluding those Persons having an interest in a Lot merely as security for the performance of an obligation. For purposes of
Article X of this Declaration only, unless the context otherwise requires, the term Owner shall also include the Family, invitees, licensees,
lessees and sub.lessees of any Owner, and any other user or occupant of a Lot. If a Lot is owned by more than one Person, the term Owner
shall mean each such Person, jointly and severally
1.25 "Person" shall mean and refer to any of an individual, corporation, governmental agency, trust, estate, partnership, association, two or
more persons having a joint or common interest, or any other legal entity with the legal right to hold title to real property
8
1.26 "Plat" shall mean and refer to the Plat of. ., recorded in Plat Book... .Page.....of the Public Records of Palm Beach County, Florida.
Each Owner, by acceptance of a deed to a Lot, shall be deemed to be bound by and shall comply with each and every Plat restriction
applicable to the Lot. The Association shall be empowered (but not obligated) to enforce any Plat restriction as if the restrictions were part of
this Declaration,
1.27 "Property" shall mean and refer to all of that certain real property located in Palm Beach County, Florida more particularly described on
Exhibit "A" attached hereto and made a part hereof, as same may be amended from time to time pursuant to this Declaration.
1.28 "Residential Property" shall mean and refer to ali real property within the Property which is not Common Properties, and which is not
otherwise dedicated, restricted or limited for non-residential use.
1.29 "Rules" shall mean and refer to the rules and regulations which are duly adopted by the Association from time to time,
1.30 "Special Assessment" shall mean and refer to a charge against all Owners and their Lots, representing their proportionate share of the
cost incurred by the Association for' (i) reconstruction on the Common Properties pursuant to the provisions of this Declaration; (Ii)
installation or construction of any capital improvements on any portion of the Common Properties which the Association may from time to
time authorize, or (iii) in any other extraordinary expense of the Association, including, but not limited to, amounts necessary to pay
shortages in Common Expenses of the Association after collections of Common Assessments, as all are further described in Section 6.6
hereof.
1.31 "Supplemental Declaration" shall mean and refer to any declaration of covenants, restrictions and easements which may be recorded by
Declarant for the purpose of supplementing or amending this Declaration.
The foregoing definitions shall be applicable to this Declaration, as amended from time to time, and also to any Supplemental Declaration,
unless specifically stated to the contrary herein or therein.
ARTICLE II: OWNERS PROPERTY RIGHTS EASEMENTS
2,1 Owner's Easements of Enjoyment. With the exception of Limited Common Properties as provided herein, every Owner shall have a non-
exclusive, common right and easement of ingress and egress and of enjoyment in, to and over, and use of, the Common Properties, which
shall be appurtenant to and shall pass with title to every Lot, subject to the following rights, provided, however that none of the following
shall deny the rights of ingress and egress granted in this Declaration, and to the extent they attempt to deny any rights of ingress and
egress they shall not be of any force or effect.
A. The right of the Association to reasonably limit the number of guests or invitees of Owners using the Common Properties at anyone time.
B. The right of the Association to establish Rules pertaining to the use of the Common Properties, including, but not limited to, the right and
obligation of the Association to enforce all parking and other restrictions within the Common Properties.
C. The right of the Association, the City and/or the County to promulgate traffic regulations governing the use and enjoyment of the roadways
located within the Property.
D The right of the Association, in accordance with the Articles, Bylaws and this Declaration, with the vote or written assent of Members
entitled to cast seventy.five (75%) percent of the votes of Members in the Association, to borrow money for the purpose of improving the
Common Properties, in aid thereof, to mortgage, pledge or hypothecate any or all of its real or personal property as security for money
borrowed or debts incurred, provided that the rights of such mortgagee shall be subordinate to the use rights of the Owners.
E. The right of the Association or Declarant to dedicate, grant, release, convey, alienate or transfer all or any part of the Common Properties
to any public agency, authority, utility or private party or entity.
F The right of Declarant (and its sales agents, customers and representatives) to the non-exclusive use of the Common Properties and the
facilities thereof, without charge, ingress and egress, as necessary, for purposes of sales, marketing, advertising, display, signs, access,
construction, development and any other activities or purposes.
G. The right of the Association or Declarant to construct, replace or refinish any improvement or portion thereof upon the Common
Properties, in accordance with the provisions of this Declaration.
H. The right of the Association or Declarant to replace destroyed trees or other vegetation and plant trees, shrubs and ground cover upon
any portion of the Common Properties.
I. The right of the Association or Declarant to grant such other easements over the Common Properties as Declarant deems appropriate,
which easements shall be joined in or similarly granted by the Association as requested by Declarant or sought by the Association.
J. Provided a court order has been obtained by the Association, the right of the Association to suspend the right of an Owner to use the
Common Properties (except for purposes of ingress and egress) for any Owner, except Declarant, in accordance with the terms and
conditions of the court order and for' (i) any period during which any Assessment against an Owner's Lot remains unpaid and delinquent;
and (ii) a period not to exceed thirty (30) days for any single infraction of this Declaration or the Rules of the Association, provided that any
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suspension of such rights to use the Common Properties based upon infractions other than non. payment of assessments shall be made only
by the Board after Notice and Hearing as provided in the Bylaws.
Anything to the contrary herein notwithstanding, no action authorized in the lettered paragraphs above shall be taken which in any fashion
impairs or limits Declarant's rights hereunder without the prior written consent of Declarant, as long as Declarant owns any portion of the
Properly.
2.2 Delegation of Use. Any Owner may delegate its right to enjoyment to the Common Properties and facilities to the members of the
Owner's Family, in accordance with the Bylaws. Any Owner may so delegate such lights to the Owner's tenant(s) who reside on the
respective Lot, subject to the Rules and other reasonable regulations imposed by the Board.
2.3 Waiver of Use. No Owner may be exempt from personal liability for Assessments duty levied by the Association, or cause a release of
the Lot owned by the Owner from the liens and charges hereof, by waiver of the use and enjoyment of the Common Properties or by
abandonment of the Owner's Lot.
2.4 Title to the Common Properties. Within a reasonable time after control of the Association is turned over to Owners other than Declarant,
or sooner at the option of Declarant, Declarant shall convey to the Association by quit.c1aim deed the fee simple title to the Common
Properties and the Association shall be bound to accept said conveyance without the joinder to such deed. Declarant. and thereafter the
Association, shall hold title to the Common Properties for the benefit of those Persons entitled to use same under the provisions hereof.
Declarant may mortgage the Common Properties to finance the original development and construction thereof, provided that the Common
Properties shall be free and clear of all mortgages at the time of conveyance to the Association, and the Association shall not be personally
liable for payment of the debt secured by such mortgage(s).
The Association is obligated to accept any and all conveyance to it by Declarant of a fee simple title, easement or lease to any of the
Common Properties, the personal property and improvements appurtenant thereto, subject to the terms and provisions of this Declaration.
At the time of any such conveyance, the Association shall be required to accept such portion of the Common Properties, personal property
andlor improvements "AS IS" without any representations or warranties, express, implied, in fact, or by law, as to the condition or fitness
thereof.
2.5 Access. Declarant hereby reserves unto itself, including its designees from time to time, and hereby grants to the Association and all
Owners, including their respective tenants, guests and invitees, perpetual, non-exclusive easements of ingress and egress over and across
(i) any streets, sidewalks, access ways, and parking areas constructed on the Property and Common Properties from time to time, and (i1)
over and across those portions of the Common Properties lying adjacent to and between the boundary line(s) of the Lot(s) and the streets,
sidewalks, access ways and/or parking areas, as the case may be, which portions of the Common Properties are either designated as or
necessary for ingress and egress up to the Lot(s) it being the specific intent of the Declarant to hereby grant perpetual, uninterrupted and
contiguous access for ingress and egress to and from Lot(s) to and from the public road rights of way Any rights granted or reserved under
this Section, however, shall be subject of any lights granted or permitted to be granted by Declarant andlor the 4ssociation to third parties,
as provided elsewhere in this Declaration.
2.6 Utilities, The Property shall be subject to such non-exclusive easements as may be determined in the sole discretion of Declarant for
utilities, including, but not limited to, drainage, irrigation, water, sewer, gas, telephone, electric and cable television, as may be reasonably
required to properly and adequately serve the Property or other portions of the Project as it exists from time to time, provided, however, that
no such easements shall exist so as to unreasonably interfere with the use of the Property subject to same or so as to cause any
encroachments of such easements upon any buildings or other improvements, wherever said buildings or other improvements may be
located from time to time. Deciarant reserves the right to locate drainage, irrigation, water, sewer, gas, telephone, electric, cable television
and other utility lines and meters serving any buildings or other facilities on common location on one Lot (including but not limited to sanitary
sewer and water distribution and drainage lines serving any Lot, and in that event an easement shall exist for the meters and sanitary sewer
manifolds so constructed, and any wires, pipes, or other facilities connecting such utilities to the Lots, and for the maintenance and repair of
the foregoing and for the reading of such meters. Each of said easements, whether now in existence or hereafter created, shall constitute
covenants running with the Property and, notwithstanding any other provisions of this Declaration, may not be substantially amended or
revoked in such a way as to unreasonably interfere with the proper and intended use thereof. No structure, planting, or other material or
improvement may be planted or permitted to remain within any utility easement that would interfere with or prevent the maintenance of
utilities.
2.7 Declarant. Declarant hereby reserves such non-exclusive easements as are necessary (in Declarant's reasonable discretion) over,
under Across and through the Property, in order to exercise its rights hereunder and otherwise construct, develop and market the Property,
including, but not limited to installation of any and all entry features, signage, monuments landscaping features, perimeter walls, entry walls,
guard houses andlor entry gates, if any, which Declarant may elect to install from time to time in its sole and absolute discretion. Without
limiting the generality of the foregoing, Declarant hereby specifically reserves the right to install or place within the Property and/or the
Common Properties any and all marketing signs, advertising, decorative features, or any other item in Declarant's sole and absolute
discretion. Unless Declarant conveys such item(s) to the Association, such item(s) shall remain the sole property of Declarant and Declarant
shall have the right, but not the obligation, to remove all or anyone of such item(s) at any time. The Property shall be subject to any and all
such easements deemed necessary by Declarant, provided, however, that no such easements shall exist so as to unreasonably interfere
10
with the use of the Property subject to same or so as to cause any encroachments of such easements upon any buildings or other
improvements wherever said buildings or other improvements may be located from time to time. Any easement rights created by this
Declaration, generally or specifically, in favor of Declarant may be assigned to Declarant, partially or otherwise, without the consent or joinder
of the Association or the Owners or any third party Furthermore, Declarant reserves the exclusive right, but not the obligation, to install from
time to time, improvements within the Common Properties which may include, but are not limited to walls, perimeter walls, seawalls, retaining
walls, buffers, fences, gates, guard houses, gate houses, bicycle racks, benches or similar improvements, in Declarant's sole and absolute
discretion. In addition, Declarant and Association are granted a perpetual and irrevocable easement over, under, across and through the
Property for the purposes herein expressed, including, without limitation, for inspections to ascertain compliance with the provisions of this
Declaration, and for the performance of any maintenance, alteration or repair which it is entitled to perform. Without limiting the toregoing,
Declarant specifically reserves easements for all purposes necessary to comply with any governmental requirement or to satisfy any
condition that is a prerequisite for a governmental approval. By way of example, and not of limitation, Declarant, may construct, maintain,
repair, alter, replace and/or remove improvements, install landscaping, install utilities; and/or remove structures on any portion of the
Property if Declarant is required to do so in order to obtain the release of any bond posted with any governmental agency.
2.8 Easements. Declarant reserves unto itself. including its designees from time to time, perpetual, non.exclusive easements of access,
ingress and egress as are deemed necessary by Declarant (in Declarant's reasonable discretions), over, under, through and across any Lot,
in order to (I) obtain access to any Lot or portion of the Property owned by Declarant. (ii) exercise its rights hereunder, (iii) otherwise
construct, reconstruct, develop, repair, replace and/or alter any Improvement or facility located or to be located on the Common Properties or
on any Lot, or (iv) for any other purpose which is deemed necessary by the Declarant in its sole and absolute discretion; provided, however,
that Declarant's use of such easement shall not unreasonably interfere with the Owner's use of the Lot.
2.9 Additional Easements. For so long as Declarant owns any portion of the Property, Declarant reserves the exclusive right. in its sole
discretion, to grant easements, permits and/or licenses to ingress and egress, drainage, utilities services, maintenance, telecommunication
services, and other purposes over, under, across and through the Property, including the Lots, so long as any said easements do not
materially and adversely interfere with the intended use of the Lot previously conveyed to Owners. Without limiting the foregoing, Declarant
may relocate any easement affecting a Lot, Or grant new easements over a Lot, after conveyance to an Owner, without the joinder or
consent of such Owner, so long as the grant or easement or relocation of easement does not materially and adversely affect the Owner's
use of the Lot as a residence. As an illustration, Declarant may grant an easement for Telecommunication Systems, irrigation, drainage lines
or electrical lines over any portion of the Property so long as such easement is outside the footprint of the foundation of any residential
improvement constructed on such portion of the Lot. The Association shall not grant any easements, permits or licenses to any other entity
providing the same services as those granted by Declarant, nor shall it grant any such easements, permits or licenses prior to the date which
Declarant no longer owns any portion of the Property without the prior written consent of the Declarant, which may be granted or denied in
Declarant's sole discretion.
2.10 Easement to Maintain Walls, Hedges and Fences. Certain Lots may contain community perimeter walls, hedges and/or fences along
the rear and/or side boundary lines. There is reserved in favor of the Association and Declarant, a perpetual non-exclusive easement over
and across each Lot necessary for installation, maintenance, replacement and repair of all community walls, hedges and fences. If there is
any doubt about whether a particular wall, hedge or fence is the maintenance obligation of the Association, the Association's determination
of such matter shall be final and binding on all Owners.
2.11 Services. Declarant hereby grants to courier or delivery services, pick-up and fire protection services, police and other authorities of the
law, United States mail carriers, representatives of electrical, telephone, cable television and other utilities authorized by Declarant to service
the Property, and to such other persons as Declarant from time to time may designate, the non-exclusive, perpetual right of ingress and
egress over and across the Common Properties for the purposes of performing their authorized services and investigations.
2.12 Lot Line Encroachments/Roof Overhangs. Certain Dwelling Units and other improvements constructed on Lots may be situated so that,
a portion thereof, including, without limitation, any exterior wall of such Dwelling Unit, roof overhangs, balconies, gutters, or fences, hedges
and landscaping may be located upon, immediately adjacent to, overhang, or encroach upon the boundary line (as well as that portion of the
adjoining Lot or Common Properties subject to such encroachment between the Lot upon which said Dwelling Unit is located and either an
adjoining Lot or a portion of the Common Properties. In all such cases, said adjoining Lot or portion of the Common Properties shall be
subject to an easement and appurtenant rights, including the right of ingress and egress, storm water runoff and drainage in favor of the
encroaching Lot and its respective Owner, which easement and appurtenant rights shall be for the purpose of (a) permitting the existence of
the encroachment, including but not limited to, storm water runoff from the roofs, roof overhangs and gutters and drainage for said runoff,
and {b) allowing ingress and egress for the performance of proper and normal maintenance to the encroaching Improvement. including meter
reading. All of such Improvements which have been constructed by Declarant and approved by applicable building authorities are deemed to
have been reasonably constructed, notwithstanding any such encroachment. In no instance shall the exercise of any such easement and
appurtenant rights created pursuant to this Section 2.12 unreasonably interfere with the use of the Lot subject to same.
2.13 Easement for Town Homes. Declarant hereby grants a perpetual easement over the Common Properties to all Owners for any air
conditioning pads and air conditioning equipment located upon any Common Properties which are adjacent to any Lots. Any utility service
providers requiring access to such air conditioning pads or equipment shall likewise have the right of ingress and egress over such portions
of the Common Properties as may be needed to service, repair, replace and/or maintain such air conditioning equipment.
II
2.14 Party Walls, Each common wall shared by two Lots shall be a party wall for the perpetual benefit of and use by the Owners of each
respective Lot. Each such Lot and Owner is hereby granted an easement for the existence of the party wall to the extent it encroaches on the
adjoining Lot, whether encroachment exists as a result of initial construction, reconstruction or natural settling or shifting. Except as
otherwise provided herein, each Owner shatt bear the responsibitity to repair and maintain the unfinished surface of the exterior portion of the
party wall which is located within his Dwetting Unit. Both Owners shall equally share the cost of repair and maintenance of the structural and
interior portions of the party wall. However, if either Owner's negligence or willful misconduct causes damage to the party watt, such Owner
shall bear the entire cost of repair Each Owner shall have the right to enter the adjacent Lot, including the Dwetting Unit located thereon,
where necessary in connection with the repair or maintenance of a party wall, upon reasonable prior notice to the affected Owner(s) and at
reasonable times and an easement for same is hereby created. Any repair or reconstruction shall utilize substantiatty similar materials,
design and location as originally existed. No openings may be cut in the party wall or structural changes made thereto, unless agreed upon
by Owners sharing the party wall.
2.15 Association. Non.exclusive easements are hereby granted in favor of the Association throughout the Property as may reasonably be
necessary for the Association to perform its services required and authorized hereunder, so long as none shatt unreasonabiy interfere with
the use of any Lot. Furthermore, an easement is hereby granted in favor of the Association, including its agents and designees, for purposes
of carrying out all obligations and/or rights of the Association pursuant to the Declaration, including but not limited to, the functions of the
Association contained in Article V hereof. Furthermore, a non-exclusive easement is hereby created over (i) all utility easements and
drainage located within any Lot, (ii) any boat docks and boat slips owned by the Owner of any Lot, and (Iii) over, under and across att
Common Properties, including but not limited to all access, utility easements, irrigation easements and drainage easements contained on the
Plat; whether now existing or hereinafter created, which easement is in favor of the Association, including its agents and designees, in
perpetuity, to utilize for all proper purposes of the Association, including its agents and designees, in perpetuity, to utilize for all proper
purposes of the Association. The Association shall have the right to assign, in whole or in part, without the consent or joinder of any Owner,
Mortgages or third party, any easement rights created under this Section to any public agency, authority utility or private party or entity
2.16 Execution. If and to the extent that the creation of any future easement (exclusive or non-exclusive), deemed necessary by Declarant,
for any purpose it deems appropriate in its sole discretion, including but not limited to, access, ingress and egress, emergency access,
utilities, drainage, water and sewer gas, cable television and related uses, electric and telephone, requires the joinder of any Owner(s) then
Declarant may, by its duly authorized officers, as the agent or the attorney-in.fact for the Owners, execute, acknowledge and deliver such
instruments required to create such easements, so long as said easements do not encroach upon any buildings. The easements may be
created upon any portion of the Property, including but not limited to, Lots and Common Properties and shall be valid and effective whether
created before or after Declarant has conveyed title to any portion of the Property so affected, and said easements shatt not require the
joinder of any Owners, Mortgagees, the Association or any other party holding an interest in the Property affected, The Owners, by the
acceptance of deeds to their Lots, irrevocably nominate, constitute and appoint Declarant, through its duly authorized officers, as their proper
and legal agent or attorney.in-fact for such purpose. This appointment is coupled with an interest and is therefore irrevocable. Any such
instrument executed pursuant to this Article shall recite that it is made pursuant to Article II of this Declaration.
2.17 Drainage Easement. An easement for drainage and flowage over, under, across and upon those portions of the Property which are
more particularly set forth in the Plat, and described on the Plat as being drainage easements, (the "Drainage Easement(s)), is hereby
granted in favor of the Association, the Declarant and each of the Owners, which shall include, but shall not be limited to, reasonable rights
of access, ingress and egress for persons and equipment to construct, install, maintain, alter, inspect, remove, relocate and repair the water
drainage systems and the flowage pipes. Each Owner shall obtain the prior approval of the ARC (as hereinaffer defined) in accordance with
the provisions of Article XIV hereof, prior to the Owner's application to the City or County for a building permit for any improvement which
would likely encroach or could potentially encroach upon any portion of the Drainage Easement(s). Notwithstanding the foregoing, no
improvements of any kind shall be permitted to be constructed upon any portion or portions of the Drainage Easement(s) which would
interfere with the function of the Drainage Easement(s). A determination of whether Or not an improvement would interfere with the function
of the Drainage Easement(s) shall be determined by the Board in its sole and absoiute discretion, and shall be final.
2.18 Irrigation Easements. A non.exclusive easement is hereby created over the applicable and necessary portions of the Common
Properties and the Lots in favor of the Declarant and/or Association, including its agents or other designees, for the installation and
maintenance of the irrigation system for the Property; provided, however, that such easement shall be subject to Improvements constructed
within the Property as permitted by controlling governmental authority from time to time, and provided that such easement shall not
unreasonably interfere with the Declarant's or any Owner's (including their respective agents or other designees) intended or permitted use
of the Common Properties and/or the Lots,
2.19 Easement for Boat Docks/Boat Slips. Those Common Properties which consist of waterways andior water bodies are subject to an
easement and appurtenant rights, including the right of ingress and egress in favor of any boat, boat dock or boat slip (and its respective
Owner) which has been constructed by Declarant as part of the initial development of the Project and which encroaches upon any portion of
the waterways and water bodies which are deemed Common Properties. These easement and appurtenant rights shall be for the purposes
of (a) permitting the existence of the encroachment, and (b) allowing ingress and egress for access to and from, and the performance of
proper and normal maintenance to the boat dock and boat siip.
2.20 Limited Common Properties. There may be Limited Common Properties appurtenant to Lots and/or Dweliing Units in the Project, which
may include, without limitation, certain courtyards, landscape areas and/or patio areas. Such limited Common Properties shall only exist if
12
and to the extent specifically shown as such on a surveyor the Plat, property described in Exhibit 'E" hereto to be Limited Common
Properties.
Such Limited Common Properties are reserved for the use of the Lot to which they are appurtenant or assigned, to the exclusion of other
Owners and their respective Lots, and there shall pass with a Lot as an appurtenance thereto, the exclusive right to use the Limited Common
Properties so appurtenant or assigned. The Association shall be obligated to maintain, repair or repiace all of the Limited Common
Properties with the exception of those Limited Common Properties, or portion thereof, required to be maintained by an Owner as set forth in
this Declaration. The Association's expense therefore shall be treated and paid for as part of the Common Expenses, except that (i) any
maintenance, repairs or replacements due to or caused directly or indirectly by an individual Owner shall be assessed against such Owner;
(ii) it an Owner is permitted by the Board to upgrade or improve any Limited Common Properties, then such upgrade or improvement must
thereafter be maintained by such responsible Owner
2.21 Alterations to Limited Common Properties. No Owners shall modify or alter any portion or portions of the Limited Common Properties
without the prior written approval of the Board, which approval may be withheld in the Board's sole and absolute discretion.
2.22 Survival. Any and all easements, licenses, or other rights granted or reserved pursuant to this Article II shall survive any termination at
this Declaration.
ARTICLE III: MEMBERSHIP IN ASSOCIATION
3.1 Membership, Every Owner of a Lot, including Declarant, shall be a Member of the Association (hereinafter referred to as the
Membership). Membership in the Association, except for Membership of Declarant, shall be appurtenant to and may not be separated from
the Lot. Except as to Declarant, ownership of a Lot shall be the sole qualification for Membership in the Association.
3.2 Co-Ownership of Lots. When more than one Person owns an interest in any Lot (a "Co-owner") all such Co-Owners shall be Members,
but only one such O.Owner shall be entitled to exercise the vote to which the Lot is entitled. All Co-Owners of each Lot shall designate in
writing to the Secretary of the Association one of their number to so vote for the interests of their Lot. Fractional votes shall not be allowed.
The vote for each Lot shall be exercised as a single vote or not at all. Where no voting Co-Owner is designated, the Lot shall not be entitled
to vote until one individual is designated by all Co.Owners to vote the interests of the Lot. The nonvoting Co.Owner(s) shall be jointly and
severally responsible for all of the obligations imposed upon the Lot and shall be entitled to all other benefits of ownership. All agreements
and determinations lawfully made by the Association in accordance with the voting procedures established herein, or in the Bylaws, shall be
binding on all Co.Owners, their successors and assigns. Said voting rights shall be subject to the restrictions and limitations provided in this
Declaration, any Supplemental Declaration, and in the Articles and Bylaws (to the extent applicable). If a Lot is owned by a corporation or
other entity, the individual entitled to vote for the Lot shall be designated by a certificate signed by an appropriate office or agent of the entity
and filed with the Secretary of the Association.
ARTICLE IV: VOTING RIGHTS
4.1 Classes of Voting Membership. The Association shall have two (2) classes of Members, each with voting rights as follows:
Class A. Class A Members shall be all Owners, including Declarant, Class A Members shall be entitled to one (1), in accordance with the
Bylaws, for each Lot they own.
Class B. The Class B Member shall be Declarant, The Class B Member shall be entitled to one (1) vote, plus two (2) votes for each vote
which the sum of all Class A Members are entitled to cast at any time, thus giving the Class B Member approximately a 2/3 majority of votes
in the Association. The Class B Membership shall cease upon the first to occur of the following:
(1) the date which is ten (10) years from the date upon which this Declaration is recorded in the Public records of the County, or
(2) three (3) months after ninety (90%) percent of the Lots in all phases of the Property that will ultimately be operated by the Association
have been conveyed to Members; or
(3) termination of the Class B Membership by resignation of all Declarant-appointed directors and delivery to the Secretary of the
Association of a certificate in recordable form, signed by Declarant and stating that Declarant elects to terminate the Class B Membership.
4.2 Termination of Class B Membership. Upon termination of the Class B Membership, Declarant shall retain any voting rights it may have as
a Class A Member
ARTICLE V: FUNCTIONS OF THE ASSOCIATION
5.1 Through Board Action. The affairs and decisions of the Association shall be conducted and made by the Board; the Members shall only
have such power or rights of approval or consent as is expressly specified herein, or in the Articles or Bylaws. In the absence of a specific
requirement of approval by Members, the Board may act on its own through its proper officers.
5.2 Required Services. In addition to those other responsibilities specified in the Articles or Bylaws, the Association, or its Management
Company if applicable, shall be required to provide the following services as and when deemed necessary and appropriate by the Board and
shall have easement rights necessary to perform same:
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A. All painting and maintenance of the Common Properties, and all Improvements thereon, as and when deemed necessary by the Board.
B. Except as limited by this Section 5.2B and Sections 9.1 and 9.2 hereof, maintenance and care for all landscaped areas within the
Common Properties and Lots, including but not limited to, as applicable, the front yards, side yards, rear yards, court yards (if any) and
garden areas (if any) of each Lot and Common Property, and which shall include but not be limited to the maintenance of the lawns and all
trees, shrubs, hedges, bushes, and plantings and which shall include irrigation of all portions of each Lot, and maintenance of irrigation
equipment and facilities (wherever placed within the Common Properties or a Lot) to the extent irrigation facilities have been installed by
Declarant. Subject to any City County or State imposed restrictions regarding same, the Board shall be entitled to determine, in its sole
discretion and without notice to any Owner, the time of day or night that various portions of the Common Properties and the Lots will be
irrigated and maintained.
C. Painting and non-structural, cosmetic maintenance of the exterior surfaces of walls, privacy walls, and trim of any Improvement on any
Lot; and painting only of any front doors, side doors, rear doors and/or framing or casings thereof, located on each Dwelling Unit on any Lot;
and painting and structural maintenance, repair or repiacement, of roofs, inciuding gutters, downspouts and skylights, as the Board and/or
the Association deems proper, in their sole discretion, provided, however, that such painting and structural maintenance, repair or
replacement shall be for ordinary wear and tear from time to time, removai of graffiti, and not for damages caused by fire, hazards or any
other perils or any other casualty loss. Except as provided in sections 5.2B and 5.2C hereof and except as provided in this Section, the
Association shall not be responsible for maintenance, repair or repiacement of each Dwelling Unit and related structures within or on any Lot,
including, but not limited to. any stucco repairs. any structural repairs (other than roofs, but including gutters, downspouts and skylights as
provided in this Section), any windows, window screens, door screens, patio screens, screened enclosures, balcony railings, tiles, if any
front doors, side doors, rear doors, and/or the framing or casings of any of the foregoing, any air-conditioning or water softening fixtures or
equipment, or any equipment, facilities or other items whatsoever installed within or placed upon any Lot by any Owner, including its agents,
or other designees, and/or any other maintenance obligations designated as the Owners' responsibilities from time to time in the Declaration
or the Rules.
D. Maintenance of any and all streets, roads, driveways, alleys, open spaces, parking areas, sidewalks, lead walks, paths, entry features,
including but not limited to entry walls, entry gates, guard houses, sign age, fountains, monuments and all similar Improvements, exterior
lighting fixtures located on the Common Properties, and entry monuments, bicycle racks, benches, statues and other decorative features
iocated within the Common Properties.
E. Maintenance of all road and Lot drainage, including curbs, gutters, sanitary sewer manifolds, storm sewers and swales located adjacent
to, within or throughout the Common Properties and Lots, or within any portions of the Property which may now or hereafter be dedicated to
the public or to any governmental or quasi-governmental body or conveyed or transferred to any public agency authority, utility,
homeowners association, or private party or entity.
F Payment of ad valorem and non-ad valorem taxes, commerciai personal property taxes, and assessments, if applicabte, with respect to
the Common Properties, both prior to and after conveyance of same by Declarant to the Association. This provision for payment of taxes
prior to conveyance of legal title is fair in light of the Members' use and benefit of such property by virtue of easements created herein.
G. Operation of the Common Properties in accordance with the Rules (as hereinafter defined) and other standards adopted by the Board
from time to time, both prior to and after conveyance of same by Declarant to the Association.
H. Taking any and all actions necessary to enforce all covenants, restrictions and easements affecting the Property and performing any of
the functions or services delegated to the Association in any covenants, conditions or restrictions applicable to the Property, or in the Articles
or Bylaws.
L Conducting business of the Association, including arranging for ancillary administrative services such as legal, accounting and financial,
and communication services such as informing Owners of activities, notice of meetings, and other important events.
J. Purchasing insurance as may be required hereby or by the Bylaws and any other insurance to the extent deemed necessary or desirable
by the Board, including but not limited to blanket insurance policies covering the building structures located on the Lots, which blanket
insurance policies shall be in the name of the Association. individually and as agent for the Owners covered by the policies, without naming
them and as agents for their mortgages.
K Compliance with all the terms, restrictions, reservations, covenants, conditions and easements contained within the Declaration, Articles
of Incorporation, Bylaws, Rules and Regulations, and any amendments thereto.
L. Acceptance of any instrument of conveyance with respect to any Common Properties delivered to the Association by Declarant.
M. Maintenance, repair and replacement of any and all boat docks, boat slips, seawalls, retaining walls, bulk-heading, or any similar or
reiated improvement located withm any portions of the Property from time to time, notwithstanding the fact that such improvement is not
located within the Common Properties and/or owned by the Association, but is owned by an Owner of a Lot within the Property The
maintenance, repair and replacement of any boat dock, boat slip, seawall, retaining wall, build-heading, or any similar or related
improvement located within the Property by the Association shall be discharged when and in such manner as the Board shall determine to
be appropriate, in its sole and absolute discretion. Any costs and expenses incurred by the Association in maintaining, repairing or replacing
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any boat dock or boat slip which is owned by an Owner of a Lot within the Property shall be deemed an individual Assessment, charged
against the Owner and the Owner's Lot, and shall be collected as provided herein for the collection of Individual Assessments.
N. Maintenance of any canals, including the dredging thereof, which are part of the Common Properties, in accordance with any City, County
and/or State requirements, or as and when determined to be necessary by the Board from time to time.
5,3 Authorized Services. The Association shall be authorized, but not required, to provide the following functions and services and shall have
easement rights necessary to perform same:
A. Lighting of roads, sidewalks, walks, paths, monuments, fountains and landscaping throughout the Property;
B. Fire protection and prevention;
C. Garbage and trash collection and disposal;
D. Conducting recreation. sport, craft and cultural programs of interest to Owners, including their families, tenants, guests and invitees.
E. Protection and security, including, but not limited to, the employment of stationary or patrolling security guards within the Property and
operation of a guardhouse and a traffic monitoring device;
F Maintenance of electronic and other surveillance devices, including but not timited to security gates over roadways (manned and/or
unmanned):
G. Installation, operation and maintenance of cable television facilities, including but not limited to a Bulk Cable Television Service
Agreement, or other communication, systems throughout the Property, provided the appropriate governmental approvals are obtained;
H. Such other services as are authorized in the Articles or Bylaws;
I. Cleanup, landscaping, maintenance, dredging, water treatment or other care of canals, roads or other property (public or private) adjacent
to the Property to the extent such care would, in the reasonable determination of the Board, be beneficial to the Property and to the extent
that the Association has been granted the right to so care for the affected property by the owner thereof or other person authorized to grant
such right, including, but not limited to, any appropriate governmental authority
J. Emergency repairs and other work on Lots reasonably necessary for the proper maintenance and operation of the Project, including, but
not limited to party wall repairs as stated in Section 2.14 hereof.
K. Dedicate, grant release, convey, alienate or transfer all of any part of the Common Properties, at any time, to any public agency, authority,
utility, homeowners association, or private party or entity
L. Grant easement rights to any third parties for ingress, egress and access, over and across any private streets and/or roadways which may
be located within the Property from time to time, which easement rights may include the right of ingress, egress and access through any
entry gates, guardhouses or other traffic monitoring devices which may be located within the Property from time to time.
5.4 Actions by Association. Anything herein to the contrary notwithstanding, no general funds of the Association shall be utilized for bringing,
supporting, investigating or otherwise abetting any legal action, claim or extra.judicial action except for (i) imposition, enforcement and
collection of Assessments, including lien rights, pursuant to Article VII hereof, (ii) collecting of debts owed to the Association, (iil) bringing any
contest or appeal of tax assessments relating to any property owned by the Association, (iv) actions brought by the Association to enforce
the provisions of this Declaration, and (v) counterctaims brought by the Association in proceedings instituted against it, unless such legal
action, claim or extra.judicial action shall be specifically approved for such purposes by seventy-five (75%) of the total votes of all Members
of the Association in existence at any time. If the Association's actions have been approved by the Members in accordance with this Section
5.4, all expenses incurred shall be deemed Common Expenses. In any action brought by or against the Association, the prevailing party shall
be entitled to recover its reasonable attorneys fees and costs from the non-prevailing party. This Section 5.4 may not be amended.
ARTICLE VI: COVENANT FOR ASSESSMENTS
6.1 Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in such
deed, is deemed to covenant and agree, to pay to the Association (1) annual Common Assessments for Common Expenses, (2) Individual
Assessments, and (3) Special Assessments, hereinafter collectively described as the "Assessments" All Assessments are to be imposed
and collected as hereinafter provided. The obligation of each Lot and Owners thereof for its respective Assessments shall commence the
day on which title to the Lot is conveyed by Declarant to the first purchaser thereof and shall be prorated from such date.
All Assessments, together with interest, costs, late charges and reasonable attorneys' fees for the collection thereof, shall be a charge on
each Lot (except for Declarant-owned Lots) and shall be a continuing lien thereon as more particularly described in Article VII hereof. Each
Assessment, together with interest, costs, late charges and reasonable attorneys' fees, shall also be the personal obligation of the Person
who was the Owner of such Lot at the time when the Assessment fell due. Subject to the provisions of this Declaration protecting Institutional
Mortgages, the personal obligation for delinquent Assessments shall be the joint and several obligations of such Owner and the successors.
in-title to such Owner
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6.2 Common Assessments. The Common Assessments levied by the Association shall be used exclusively to pay Common Expenses.
Disbursements shall be made by the Board of Directors for such purposes as are deemed necessary for the discharge of its responsibilities
herein for the common benefit of the Owners and to reimburse Declarant for any start-up expenses advanced by Declarant.
6,3 Amount of Common Assessments: When Payable. At least fourteen (14) days prior to the beginning of each fiscal year, the Board of
Directors shall prepare, adopt and distribute to all Members a written, itemized, estimated budget of the Common Expenses to be incurred by
the Association during the coming year in performing its functions under this Declaration. The annual Common Assessment for each Lot
shall be determined in accordance with the provisions of Section 6.8 hereof. From time to time during the fiscal year, the Board may modify
the budget for the fiscal year and, upon written notice to Members, change for amount, frequency, or due dates of Common Assessments.
Subject to the right of the Association to accelerate Assessments for delinquencies as provided herein, annual Common Assessments shall
be payable on the first day for each calendar month for which a Common Assessment is due and shall be payable in equal quarterly
installments unless determined by Ihe Board, from time to time, to be payabie less frequentiy In the event any Assessments for Common
Expenses are made payable in equal periodic payments, as provided in the notice from the Association, such periodic payments shall
automatically continue to be due and payable in the same amount and frequency unless and until (i) the notice specifically provides that the
periodic payments will terminate or change upon the occurrence of a specified event or date or the payment of the specified amount, or (ii)
the Association notifies the Owner in writing of a change in the amount andlor frequency of the periodic payments. In no event shall any
Assessment for Common Expenses be due less than ten days from the date of the notification of such Assessments. The budget and
Assessment procedure shall be further subject to the provisions of the Bylaws.
6,4 Declarant Funding of Deficit Until such time as Declarant no longer owns any portion of the Property, or until Declarant notifies the
Association in writing that Declarant elects to pay Common 4ssessments for Common Assessments for Common Expenses for any Lots
owned by Declarant, but in lieu thereof, Declarant shall be responsible for all Common Expenses in excess of (i) the Common Assessments
for Common Expenses receivable from the other Owners; and (ii) the "Contribution" (as defined in Section 6.12 hereof) receivable from the
other Owners, During such period when Declarant is not liable for Common Assessments for Common Expenses for Lots owned by
Declarant, the Common Assessments tor Common Expenses shall be established by Declarant based upon Declarant's good faith estimate
of what the expenses of the Association would be if all Lots within the Property were improved, so that Common 4ssessments for Common
Expenses during such period will be approximately what said Common Assessments would be if the development of the Property, as
contemplated by Declarant, was complete. Such obligation of Declarant shall be deemed a Common Assessment and if Declarant fails to
pay same, then the Association shall have all of the remedies for collection provided in this Declaration. During such period when Declarant
is electing to fund the Common Expenses in excess of the Common Assessments for Common Expenses, Declarant shall not be obligated
to deficit fund any reserves.
6.5 Individual Assessments. In addilion to other provisions in this Declaration which deem certain expenses and costs to be individual
expenses or Individual Assessments, {i) the maintenance, repair, or replacement of any boat dock or boat ship owned by an Owner of a Lot
within the Property and required to be maintained by the 4ssociation pursuant to Section 5.2 hereof), (ii) any maintenance, repair, or
replacement within the Property arising out of or caused by the act or failure to act of an Owner andlor the Owner's failure to fulfill any
obligations contained in this Declaration, including the Owner's family, tenants, guests or invitees, or (iii) fine imposed by the Board in
accordance with this Declaration, the Bylaws, the Rules and Regulations, the Guidelines or other expense of the Association incurred as a
result of any Owner's failure to comply with the provisions of this Declaration, the Articles, Bylaws, or Rules, shall be effected at the Owner's
expense and an Individual Assessment therefore shall be charged against such Owner and the Owner's respective Lot, as an Individual
Assessment. Any and all fines levied will be enforced pursuant to Florida Statutes 720.
6.6 Special Assessments. In addition to the Common and Individual Assessments authorized above, subject to the provisions in Section 6.7
below, the Board may levy at any time, in accordance with the Bylaws, a Special Assessment for the purpose of defraying, in whole or in
part, the cost of any construction, reconstruction, repair or replacement of a structure or capital improvement, upon the Common Properties,
including Fixtures and personal property related thereto, or for defraying any other Common Expenses of the Association not originally
budgeted, including shortfalls in Common Assessments. No action authorized in this Section shall be taken without the prior written consent
of Declarant as long as Declarant owns any Lot. Such consent may be granted on the condition that the Special Assessment only be appliad
to Owners and Lots other than Declarant and Declarant.owned Lots, in which event, Declarant and Lots owned by them shall be exempt
from such Special Assessment. Special Assessments are not covered by Declarant's funding of the deficit set forth in Section 6.4 thereof.
6.7 Notice for any Special 4ssessment. Written notice of any meeting of Members called for the purpose of authorizing a Special
Assessment, or as part of an annual meeting of Members, shall be sent to all Members not less than ten (10) days, nor more than sixty (60)
days, in advance of the meeting. If the required quorum is not present. such meeting may be rescheduled, subject to the same notice
requirement. No such subsequent meeting shall be held more than sixty (601 days following the preceding scheduled meeting. Any Special
Assessment approved by a vote of each class of Members at such meeting shall be assessed as provided below.
6.8 Proportionate Share of Assessment. Common Assessments and Special Assessments provided for in this Article 6 shall be allocated and
assessed among all Lots required to make such payments, in accordance with the provisions of section 6.3 and lI1is Seclion 6,8. The
Common Assessment for each Lot shall be based on the size of the Dweiling Unit constructed thereon, and shall be detennined by taking
the total amount of the Common Assessment and multiplying same by the Lot's respective percentage, which percentage is set forth on
Exhibit "F" attached hereto and made a part hereof. The Special Assessment for each Lot shall be determined by taking the total amount of
the Special Assessment and multiplying same by tile Lot's respective percentage set forth on Exhibit "F"
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6.9 Financial Reports. Within sixty (60) days following the end of each fiscal year, the Board of Directors shall cause to be prepared an
annual balance sheet and operating statement reffecting income and expenditures of the Association for the preceding fiscal year, and shall
cause to be distributed a copy of each statement to each Member, and to each Institutional Mortgagee who has filed a written request for
copies of the same with the Board. Such financial report shall be, at a minimum, reviewed and certified by an independent certified public
accountant, and, at the election of the Board, may be audited.
6.10 Assessment Roster and Notices. The Association shall maintain a roster of the amount of all Assessments against each Lot, which shall
be calculated in accordance with this Article VI. The roster shall be kept in the office of the Association and shall be open to inspection by
any Owner Written notice of such Assessments and the due date(s) thereof shall be sent to every Owner Written notice of such
Assessments and the due date{s) thereof shall be sent to every Owner subject to such Assessments. The Association shall, upon
reasonable request of any Owner, furnish to such Owner or any prospective purchaser or the purchaser's mortgagee a certificate in writing
signed by an officer of the association setting forth the amount of current Assessments and whether any delinquencies exist Such certificate
may be relied upon by any prospective purchaser or mortgagee named in the certificate and, as to such purchaser or mortgagee shall be
conclusive as to the information set forth therein.
6.11 Due Dates for Special or Individual Assessments. Any Individual Assessment or Special Assessment shall be payable pursuant to
written notice to each Owner by the Board, unless any such Assessment is deemed by the Association to be of an emergency nature, in
which case such Assessment shall be payable within ten (10) days after notice thereof.
6.12 Initial Start.Up Contributions. Upon the first conveyance of each Lot and completed Dwelling Unit by Declarant to any Person, other
than an Institutional Mortgagee acquiring title by foreclosure or deed in lieu of foreclosure, the purchasing Owner shall pay to the Association
as an initial start-up contribution ("Contribution"), a sum as determined from the Board from time to time, however, not to exceed the sum
equal to three months of Assessments. The Contribution shall not be considered an advance payment of Assessments and shall be placed
in the general operating fund of the 4ssociation so that the Association will have funds available to be used by the Association for start.up
expenses, general operating expenses, Common Expenses or otherwise as the Association shall determine from time to time in its sole
discretion, including reimbursement of various expenditures of Declarant.
6.13 Exempt Property Notwithstanding anything contained herein, the following property shall be exempt from the payment of Assessments;
A. All Common Property; and
B. All property dedicated to and accepted by the City, the County and/or any governmental authority or public utility
ARTICLE VII: EFFECT OF NON-PAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSOCIATION
7 1 Effect of Non-Payment of Assessments; Remedies of the Association. A lien is hereby imposed upon each Lot to secure the payment of
all Assessments now or hereinafter imposed on the Lot by the 4ssociatjon (the "Assessment Lien"). The Assessment Lien shall relate back
to and be effective from the date hereof, and shall include all costs of collection, including reasonable attorneys' and legal assistants' fees
and costs incurred at all tribunalleveis, as well as late charges and interest as herein provided. Any installment of a Common Assessment,
Individual Assessment, or Special Assessment not paid within the time periods as provided in Article VI hereof shall bear interest from the
due date of such installment at the highest rate of interest allowed to be charged under applicable law, or any greater interest which may be
lawfully charged under any amendments to applicable law, or if no such rate is applicable, then at the rate of eighteen (18%) percent per
annum, computed from the due date until such payment is made .If any installments of an Assessment is not paid when due, as extended by
grace periods provided hereunder, the Owner responsible therefore may be required further by the Board to pay a late charge equal to an
amount not greater than the amount of the unpaid installment. The Association may bring an action at law against the Owner(s) personally
obligated to pay the same, or foreclose its Assessment Lien against the Lot of such Owner(s) or both. No Owner may waive or otherwise
escape liability for the Lot. If any installment of a Common Assessment is not paid within when due, as extended by grace periods provided
hereunder, the Board may mail an acceleration notice to the Owner and to each institutional Mortgagee which has requested in writing a
copy of the notice The notice shall specify (i) the fact that the installment is delinquent, (ii) the action required to cure the default, (iii) a date,
not less than fifteen (15) days from the date the notice is mailed to the Owner, by which such default must be cured, and (iv) that failure to
cure the default on or before the date specified in the notice may result in acceleration of the balance of the installments of the Common
Assessments for the then current fiscal year If the delinquent installment(s) of Common Assessments and any charges thereon are not paid
in full on or before the date specified in the notice, the Board at its option may declare all of the unpaid balance of the annual Common
Assessment to be immediately due and payable upon written notice of such election by the Association, which may enforce the collection
thereof and all charges thereon in the manner authorized by law and this Declaration.
Any payments made to the Association by any Owner shall be applied or be disbursed by the Association, in order, for (i) any sums
advanced and paid by the Association for taxes and payment on account of superior mortgages, liens, or encumbrances which may have
been advanced by the Association in order to preserve and protect its Assessment Lien; (ii) reasonable attorneys' fees and costs incurred by
the Association incidental to the collection of assessments and other monies owed to the Association by the Owner for the enforcement of its
Assessment Lien;(iii) interest on any Assessments or other monies due to the Association, as provided herein; and (Iv) any unpaid
Assessments owed to the Association with application to the oldest Assessments first.
Notwithstanding the foregoing, unless otherwise provided in such institutional Mortgage, an Owner's failure to pay Assessments hereunder
shall not be deemed to constitute a default under an institutional Mortgage.
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7.2 Notice of Lien. No action shall be brought to foreclose the Assessment Lien herein created unless at least thirty (30) days has expired
following the date a "Notice of Lien" is deposited in the United States Mail, certified or registered, postage prepaid, addressed to the Owner
of the Lot, and a copy thereof has been recorded by the Association in the Public Records of the County. The Notice of Lien must recite a
good and sufficient legal description of any such Lot, the record Owner thereof, the amount claimed (which may at the Association's option
include interest on the unpaid Assessment at the rate set forth in Section 7 1 hereof, plus reasonable attorneys' fees and expenses of
collection in connection with the debt secured by said Assessment Lien and late charges), and the name and address of the Association as
claimant. Such Notice of lien shall be signed and acknowledged by a duly authorized officer or agent of the Association. Filing of the Notice
of Lien shall not be a prerequisite to creating the lien (which is created by this Declaration), nor shall the lien's property be established by
such Notice of Lien (priority being based on the date of recording this Declaration, subject to the provisions of Section 7.3 hereof). The
Assessment Lien shall continue until fully paid or otherwise satisfied, and shall secure any and all Assessments, costs, charges, interest and
reasonabie aHorneys' fees which accrue subsequent to filing the Notice of Lien.
7.3 Subordination of the Lien to Institutional Mortgages. Anything herein to the contrary notwithstanding, the lien securing Assessments
provided for in this Declaration shall be subordinate to the lien of any Institutional Mortgage, which is arms-length, made in good faith and not
intended to avoid said lien, and recorded prior to the date on which a Notice of Lien is recorded. The sale or transfer of any lot shall not
affect the Assessment Lien. However, the sale or transfer of any lot pursuant to foreclosure of such institutional Mortgage or deed in lieu
thereof (if such Institutional Mortgage was recorded prior to the recording of a Notice of Lien) shall extinguish the Assessment Lien as to
installments and other sums which became due prior to such sale or transfer Such sale or transfer shall also extinguish the personal liability
for such Assessments as to such transferees; provided, however, no sale or transfer shall relieve such lot from liability for any installments
of Assessments thereafter becoming due or from the lien thereof.
7 4 Foreclosure Sale. The Assessment Lien set forth herein may be foreclosed in the same manner as mortgages are foreclosed under
Florida Jaw. The Association, through a duly authorized officer or agent, shall have the power to bid on the lot at foreclosure sale, with credit
given for the amount of the judgment, and to acquire and hold, lease, mortgage and convey the same.
7.5 Curing of Default. Upon the timely curing of any default for which a Notice of Lien was filed by the Association (including payment of all
delinquent principal, interest, late charges, and costs of collection), a duly authorized officer or agent of the Association shall record an
appropriate release of the Assessment Lien upon payment by the defaulting Owner of a fee, to be determined by the Association, but not to
exceed Two Hundred Fifty Dollars ($250.00), to cover the cost of preparing and recording such release.
7.6 Cumulative Remedies. The Assessment lien and the rights to foreclosure and sale thereunder shall be in addition to and not in
substitution for all other rights and remedies which the Association and its assigns may be hereunder and under law or in equity, including a
suit to recover a money judgment for unpaid Assessments, as above provided,
ARTICLE VIII; RIGHTS OF INSTITUTIONAL MORTGAGEES
8.1 General lender Rights. Upon wriHen request to the Association by an Institutional Mortgagee, or the insurer or guarantor of any
Institutional Mortgage held by an Institutional Mortgagee encumbering a Lot or Dwelling Unit on a Lot, conditioned on such notice or request
specifying the name and address of the requesting party, then such party shall be entitled to prompt notice of:
A. any condemnation or casualty loss that affects either a material portion of the Property or any Lot or Dwelling Unit on a Lot encumbered
by its Institutional Mortgage;
B. any sixty (60) day deiinquency in the payment of Assessments or charges owed by the Owner of any Lot or Dwelling Unit on a Lot on
which it holds the Institutional Mortgage;
C, a lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association and
D. any proposed action which requires the consent of a specified percentage of Institutional Mortgagees.
8.2 Financial Statement. Any Institutional Mortgagee, upon written request, shall be entitled to receive from the Association a financial report
for the immediately preceding fiscal year
8,3 Consent of Institutional Lenders. Whenever the consent or approval of any, all or a specified percentage or portion of the holder(s) of any
mortgage{s) encumbering any Lots is required by this Declaration, the Articles, or the Bylaws, or to any action of the Association, or to any
other matter relating to the Property, the Association may request such consent or approval of such holder(s) by written request sent certified
mail, return receipt requested for equivalent delivery evidencing such request was delivered to and received by such holder(s). Any holder
receiving such request shall be required to consent to or disapprove the matter for which the consent or approval is requested, in writing, by
certified mail, return receipt requested (or equivalent delivery evidencing such request was delivered to and received by the Association),
which response must be received by the Association within thirty (30) days after the holder receives such request, and if such response is
not timely received by the Association, the hoider shall be deemed to have consented to and approved the matter for which such approval or
consent was requested. Such consent or approval given or deemed to have been given, where required, may be evidenced by an affidavit
signed by all of the directors of the Association, which affidavit, where necessary, may be recorded in the public records of the County, and
which affidavit shall be conclusive evidence that the applicable consent or approval was given as to the matters therein contained. The
foregoing shall not apply where an Institutional Lender is otherwise required to specifically join in an amendment to this Declaration.
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8.4 Amendments. Any Institutional Mortgagee who has registered its name with the Association shall be provided with written notice prior to
the effective date of any proposed, material amendment to this Declaration, or the Articies or Bylaws, or prior to the effective date of any
termination of an agreement with the Management Company
ARTICLE IX: MAINTENANCE AND REPAIR OBLIGATIONS
9.1 Maintenance Obligations of Owners. Except for the duty of the Association to provide the maintenance and other services as enunciation
in Section 5.2 of this Declaration, it shall be the duty of each Owner, at the Owner's sole cost and expense, to maintain, repair, replace and
restore the Lot, including all improvements iocated thereon, including but not limited to the party wall as provided in Section 2.14 hereof, in a
neat, sanitary and attractive condition, as may be subject to the Owner's respective control in accordance with the terms of this Declaration.
Owner shall remove at Owner's sole cost and expense any equipment, fixtures or any other item installed within or placed upon the Lot by
Owners, including their agents. or other designees, upon request from the Board and/or the Association to remove same, as deemed
necessary or desirable by the Board and/or the Association, in their sole discretion, to enable the Association to perform its maintenance and
other services enunciated in Section 5.2 hereof. In the event that any portion of such Lot (i) falls into disrepair, (ii) is not properly maintained,
so as to create a dangerous, unsafe, unsightly, or unattractive condition, or (iii) otherwise violates any of the obligations stated in this
Deciaration, then the Association shall have the right, but not the duty, upon fifteen (15) days prior written notice, to correct such condition
and to enter upon such Lot to make such repairs or to perform such maintenance as is required in the Association's reasonable discretion;
provided, however the Association shall have the right of immediate entry with respect to those portions of the Lot lying outside of the
Dwelling Unit or other enclosed structures in the event of an emergency. The cost thereof shall be charged to the appropriate Owner and its
Lots and shall be an individual Assessment as to the respective Lot The Owner of such Lot shall pay promptly all amounts due for such
work, pursuant to written notice received from the Association. Any costs and expenses of collection may be added, at the option of the
Board of Directors, to the Individual Assessment
9.2 Maintenance, Obligations of Association. The Association shall maintain, or provide for the maintenance of, all of the Common Properties
and all Improvements thereon, as well as portions of the Lots, as more fully described in Section 5.2 hereof. The maintenance obligations of
the Association shall include all recreational facilities. if any, owned or operated by the Declarant and/or Association, or their respective
successors, assigns, agents. employees or other designees, from time to time, commonly metered utilities, the interior and exterior of the
recreation buildings, if any, owned or operated by the Declarant and/or the Association, or their respective successors, assigns, agents,
employees or other designees, from time to time, and any and all utility facilities and buildings or other structures situated on the Common
Properties, except if such facilities are to be maintained by either private or public utility companies, or some governmental agency In
addition, and except as otherwise provided in Sections 5.2,9.1 and this Section 9.2, the Association shall provide all necessary iandscaping
and gardening to properly maintain and periodically replace when necessary the trees, plants, grass and other vegetation which are on the
Common Properties, The Association shall further maintain, reconstruct, replace and refinish any paved surface on the Common Properties.
All of the foregoing obligations of the Association shall be discharged when and in such manner as the Board shall determine, in the soie
judgment, to be appropriate.
9.3 Standard of Maintenance. All Property, Improvements, and Common Properties within the Project shall be maintained by the appropriate
party, in a safe, neat and well-kept manner It is understood that this standard of maintenance is not brand new, but Class A residential
condition for its age, reflecting reasonable wear and tear All sidewalks, roads, streets, driveways, parking areas, and other paved or hard
surfaced areas located within the Property, and intended for use by vehicular or pedestrian traffic shall be kept clean and free of debris at all
times, and cracks, damaged, or eroding areas on same shall be repaired, replaced, or surfaced as necessary or requested by the City and/or
County All curbing and bumper stops shall be replaced if damaged. All striping, including but not limited to parking space, traffic lane, and
directional markings, within any road, street, or parking area located within the Property shall be repainted as necessary or as requested by
the City and/or County, so that same will be clearly visible at all times.
ARTICLE X: ARTICLE XUSE RESTRiCTiONS
The Property shall be held, used and enjoyed subject to all of the terms, limitations and restrictions of the Deciaration, including this Article X,
provided, however, these restrictions shall be further amplified and/or limited by the Rules promulgated by the Board from time to time or the
"Guidelines" (as defined in Section 14.2 hereofj. Declarant is exempt from all of this Article X, including the Rules promulgated by the Board
from time to time applicable to the Article X and the Guidelines as each is applicable to this Article X, Each of the Use Restrictions stated
hereinafter may be regulated, enforced, or waived by the Association, through its Board or its designees. Each use of "Board" in this Article
X, shall include its designees, unless specifically prohibited in this Declaration or under Florida law. The Use Restrictions are as follows:
10.1 Clothes Lines. No outdoor clothes drying lines or related facilities shall be allowed within any portion of the Residential Property without
the prior written consent of the Board, which consent may be withheld in the sole discretion of the Board.
10.2 Trash. No trash or garbage cans, supplies, or other articles shall be placed outside of Dwelling Units, including, but not limited to on
front or rear patios, but shall be placed only in separate garbage areas designated by the Board from time to time. Furthermore, the Board
shall have the right to prescribe a "standard" trash or garbage container to be used by each Owner To provide a healthy environment and in
order to eliminate odors and vermin, all trash and garbage must be placed in plastic bags in the prescribed garbage container and deposited
ONLY in the areas and on the days and times designated by the Board. The Common Properties shall be kept free and clear of rubbish,
debris, and other unsightly material.
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10.3 Automobiles, Commercial Vehicles and Boats. Except as provided below, or as otherwise approved by the Association from time to
time, no commercial truck, commercial van, bus, recreational vehicle, mobile home, motor home, camper, trailer, or similar vehicle (the
"Prohibited Vehicles") may be kept overnight on the Property unless totally enclosed in a garage and not visible from the outside. Prohibited
Vehicles include, but are not limited to, those (i) not designed primarily for the routine transportation of people, rather than equipment or
goods, or (ii) bearing any advertising, logo, or other signs or having printed on the sides, front, or rear of same reference to any commercial
undertaking or enterprise, or (i1i) containing tool racks, saddle racks, or other elements of a commercial nature. Any vehicle the state
registration for which contains a designation of the type of vehicle as anything other than "Automobile" shall be presumed to be prohibited
hereunder, which presumption may be rebutted by substantial proof. No vehicles shall be repaired within the Property, except on an
emergency basis. No vehicle shall be left within the Property for more than one business day if not capable of self-propulsion. All vehicles,
including motorcycles, mopeds, etc, , shall be equipped with effective sound muffling devices. The Association may, but shall not be obligated
to, designate certain portions of the Common Properties, which may be relocated from time to time, for the parking of trucks, commercial
vehicles, buses, recreational vehicles, mobile homes, trailers, and campers. Any such area designated pursuant to this Section in the sole
and absolute discretion of the Association, be terminated for such use without cause. The Association shall have the authority to formulate
appropriate Rules concerning the use of any such parking/storage area, including reasonable charges therefore. The Association shall have
the right to authorize the towing away of any vehicles in violation of this rule with the costs and fees. including attorneys' fees, if any, to be
borne by the vehicle owner or violator
10.4 Boat Docks/Boat Restrictions. Except as provided below, no boat, yacht, vessel, watercraft or similar item shall be stored overnight on
any Lot or any portion of the Property, unless (I) totally enclosed in a garage and not visible from the outside; (ii) stored within any water
bodies or waterways located within the Property specifically designated for such use; or (iii) unless permitted and in accordance with the
Rules, from time to time. No commercial boat, yacht, vessel, watercraft or similar item may be kept overnight on any portion of the Property.
All boats, yachts, vessels, watercraft or similar items shall be stored on the Property in accordance with and shall comply with all applicable
governmental and quasi-governmental rules, regulations and requirements. The Association shall have the authority to promulgate
guidelines ("Boat Guidelines"), rules, and regulations further restricting the use and type of the boats permitted, which includes but IS not
limited to the right to place restrictions on the height, length, weight, condition, and type of boat permitted to be located within the Property or
adjacent thereto. The Association may, but shall not be obligated to, designate certain portions of the Common Properties, which may be
relocated from time to time, for the parking, storage or keeping of boats. Any such area(s) designated pursuant to this Section 10.4 may, in
the sole and absolute discretion of the Association, be terminated for such use without cause. The Association shall have the authority to
formulate appropriate Rules concerning the use of any such parking/storage area, including reasonable charges therefore, and the use of all
waterways or water bodies located within the Property. Any person(s) operating a boat within any waterway or water body located upon the
Property shall be properly qualified to operate said boat in accordance with all governmental requirements from time to time and shall at all
times comply with all governmental requirements relating to operation.
10.5 Agents of Association. No owner or resident may direct, supervise, or in any manner attempt to assert control over the employees or
agents of the Association, unless such person is an officer or director of the Association acting within their scope of authority.
10.6 Construction of Improvements. During construction of any permitted Improvements on a Lot, the Lot and all other portions of the
Property shall be kept in a clean, neat and orderly condition at all times. Any debris, trash or mud resulting from the construction shall be
promptly removed or remedied, as appropriate, from the Lot and the Property After commencement of construction of any permitted
improvements on any Lot, the work thereon shall be diligently pursued and completed so that Improvements shall not remain in a partly
finished condition for any period of time longer than that which is absolutely required.
10.7 Nuisances. No Owner shall make or permit (i) any loud and/or disturbing noises of a continuing nature, (ii) any noxious or offensive
activity, (ili) any emanation of unpleasant odors, or (iv) any other nuisance or annoyance by himself, his family, employees, agents, visitors,
and licensees, nor do or permit anything by such persons that will interfere with the reasonable rights, comforts or conveniences of the
Owners. Any hazardous activity permitted or undertaken by any Owner within any portion of the Property shall be a nuisance, subject to
extra protection and/or assurances of safety provided to the Board.
10.8 Antennas. No radio or television installation may be permitted on a Lot which interferes with the teleVision or radio reception of another
Lot. No exterior antenna, aerial, satellite dish or other apparatus for the transmission of, or receiVing television, radio or other signals of any
kind shall be placed, allowed, or maintained upon any portion of a Lot without the prior written consent of the Board. The Board shall not
prohibit or deny approval to any of the foregoing which are not permitted to be prohibited by application law. However, in no event shall any
Board approved exterior antenna, aerial, satellite dish or other apparatus be permitted on the front portion of a Lot. The Board shall have the
right to promulgate and regulate standards and guidelines restricting or limiting the dimensions, including the diameter, height, and length of
any improvement, and the location in which any of the foregoing improvements may be erected on the Property If such improvement is
permanent, the Board may, at the time of installation, or at any time subsequent thereto, in its discretion, require that parallel shrubbery or
other improvements selected at the discretion of the Board, be installed to camouflage the presence of such improvement.
10.9 Signs. No sign, advertisement, notice or other lettering (except street numbers in front of Lots or names and addresses on mail boxes)
shall be exhibited, displayed, inscribed, painted or affixed, in, on or upon any part of the Property without the written consent of the Board.
The Board shall have the right to prohibit any signs offering property for sale or rent, or limit the size of such sign. No Owner shall cause any
sign, advertisement, notice or other lettering to be affixed or attached to, hung, displayed or placed on the exterior walls, doors, patios,
windows or roof, unless approved by the Board,
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10.10 Prohibited Parking. No overnight parking on the streets. nor encroaching on sidewalks, landscape areas or swale areas, shall be
permitted, except as may be amended or consented to in writing by the Board. All parking shall only be permitted in designated parking
areas within the Property Subject to applicable laws and ordinances, any vehicle parked in violation of these or other restrictions contained
herein or in the Rules and Regulation promulgated by the Board from time to time may be towed by the Association at the sole expense of
the owner of such vehicle, without warning.
10.11 Rules and Regulations. There are current Rules of the Association, provided, however, the Association may adopt additional
reasonable rules and regulations, or amend or eliminate those operative from time to time, pertaining to the use and maintenance of the
Property, including rules and regulations relating to any of the Common Properties. The Association shall have the right to promulgate,
adopt, amend or eliminate rules and regulations restricting and/or regulating the Owners' use of any boat docks, boat slips, retaining walls,
seawalls, bulk heading and/or other similar improvements which are part of the Common Properties.
10.12 Garages. No Owner shall ceuse any garage to be permanently enclosed, converted or otherwise remodeled to all for occupancy of
any occupants of the Lot. without first obtaining necessary governmental approval(s), as well as prior written approval by the Board. No
garage shall be altered in such a manner that the number of automobiles which may be parked therein after the alteration is less than two (2)
automobiles.
10.13 Pool Restrictions. In order to respect the privacy of those Owners of Lots located adjacent to the pool area, the hours in which all
Owners will be permitted to use the pool will be from 8.00 a.m. to 10.00 p.m. This Section may only be amended by the affirmative vote of
seventy-five percent (75%) of the Class A members, and (so long as Declarant owns any portion of the Property) the affirmative vote of
Declarant. Each Owner by acceptance of a deed conveying title to a Lot, expressly assumes the risk of noise, personal injury, and/or
property damage caused by the maintenance and/or operation of the recreational facilities, including, without limitation: (a) noise from the
maintenance equipment (it being specifically understood that such maintenance may take place around sunrise or sunset), (b) noise caused
by users of the recreational facilities; and (c) risk of personal injury from use of the recreational facilities; and agrees that neither the
Declarant, the Association, nor any of Declarant's affiliates or agents shall be liable to any Owner or any other person claiming any loss or
damage due to, arising from, or otherwise relating to the operation and use of the recreational facilities.
10.14 Fences. Fences, other than any provided by Declarant, shall not be ereeled, removed or maintained upon the Residential Property,
until all necessary permits and approvals have been issued by the City, the County and/or any other governmental entity having jurisdiction
thereof, and until said fence has been approved by the Board. All fences, if permitted, must be kept in good repair by the Owner, at the
Owner's sole cost and expense. The Board shall have the right to promulgate Standards and/or Guidelines further restricting the height,
length, design, composition, material, color and location of any fence to be erected on the Property. If fences are permitted, the Board may,
in its sole discretion. and at the time of installation or at any time subsequent thereto, require a parallel shrubbery to camouflage the
presence of such fence. Any fence erected or constructed on a Lot shall be subject to any and all easements iocated within the Lot, and the
Owner thereof shall be responsible to repair and/or replace, at its expense, any damage caused to the fence and/or landscaping which result
from any use of the easement for the purpose for which the easement is intended.
10.15. Pets and Animals. Only common household pets belonging to Owners (or those occupying Lots through the authority of Owners), and
which pets have been approved by the Board, will be allowed within the Property, subject to the following further restrictions: (1) Only
common household pets may be kept in a Lot; (2) No pet shall be permitted outside a Dwelling Unit except on a leash and at all times under
the control of its Owner; (3) No other animals, livestock or poultry of any kind shall be kept on any portion of the Property; (4) No pets may be
kept for the purpose of breeding or for any commercial purposes whatsoever; (5) No pets shall be allowed to constitute a nuisance; (6) Each
Owner shall walk his pet only in areas designated by the Board, from time to time, as "Pet Walk Areas"; (7) Each Owner shall promptly
remove and dispose of waste matter deposited by his pet through a proper sewage receptacle. The Board shall have the right to promulgate
Rules further restricting the keeping and walking of pets. The Board may from time to time define common household pets. Notwithstanding
the foregoing, no Owner shall be permitted to maintain on its Lot a bull terrier (pit bull or pit bull mix) or any other dog or dogs or mean or of
violent temperament or otherwise evidencing such temperament. Each Owner, by acquiring a Lot, agrees to indemnify the Declarant and the
Association and hold them harmless against any loss or liability resulting from said Owner's, its family members' or lessee's ownership of a
pet. If a dog or any other animal becomes obnoxious to other Owners by barking or otherwise, the Owner shall remedy the problem or upon
written notice from the Association, the Owner will be required to dispose of the pet
10.16 Emergencies. In case of any emergency originating in or threatening any Lot, the Board or any individual authorized by it, shall have
the immediate right, but not the obligation, to enter any Lot for the purpose of remedying or abating the cause of such emergency, at the
Board's discretion, notwithstanding that the Owner of such Lot is present at the time of such emergency
10.17 Solicitation. There shall be no solicitation by any person anywhere in the Property for any cause, charity, or any purpose whatsoever,
unless specifically authorized by the Board.
10.18 tnsurance. Nothing shall be done or permitted by any Owner which would increase the rate for any insurance maintained by the
Association, or cause such insurance to be canceled or not renewed by the insurer
10.19 Leasing/Saie of a Lot. Lots shall not be leased without the prior written approval of the Association, subject to Leasing guidelines
established by the Board from time to time. All Leases shall provide that the Association shall have the right to terminate the respective
Lease in the event of a default by an Owner's tenant in observing any of the provisions of this Declaration and applicable rules duly adopted
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by the Board from time to time. Notwithstanding the Lease of an Owner's Lot, the liability and obligations of the Owners created hereunder,
including the rules, shall continue unabated.
10.20 Boat Docks/Slips. The provisions of this Section 10.20 shall not be deemed to apply to any boat dock or boat slip owned by the
Association as part of the Common Properties and shall only apply to those boat docks and/or boat slips which have been conveyed to and
are owned by Owners of Lots within the Property
A Alterations and Modifications. No boat dock or boat slip owned by an Owner shall be altered or modified by such Owner until all necessary
permits and approvals have been issued by the City, the County and/or any other governmental entity having jurisdiction thereof, and until
said alterations or modifications have been approved by the Association and the Declarant, for so long as Declarant owns any portion of the
Property
B. Rules and Regulations. The Association shall have the authority to formulate appropriate Rules or Standards concerning the construction,
and use of any boat or boat slip owned by an Owner All boat docks and boat slips which are owned by an Owner shall at all times comply
with the Boards' standards and all governmental requirements. All boat docks and boat slips shall be for private and non-commercial use,
and shall be for the sole and exclusive use of Owners of Lots within the Property
C. Leasing of Boat Docks and Boat Slips. An Owner of a boat dock or boat slip within the Property shall only be permitted to lease such boat
dock or boat slip to another Owner of a Lot within the Project. The leasing of boat docks and boat slips by an Owner to third parties who are
not Owners of Lots within the Property is prohibited. The leasing of boat docks and boat slips within the Property shall be further subject to
any leasing guidelines established by the Board from time to time.. All leases shall provide that the Association shall have the right to
terminate the respective lease in the event of a default by an Owner's lessee in observing any of the provisions of this Declaration, and
applicable rules duly adopted by the Board from time to time. Notwithstanding the lease of an Owner's boat dock or boat slip, the liability and
obligations of the Owner created hereunder, including the Rules, shall continue unabated.
o Conveyance of Boar Docks and Boat Slips. Except as otherwise provided herein, an Owner of a boat dock and/or boat slip within the
Property shall only be permitted to convey such boat dock and/or boat slip (i) as part of and simultaneously with the conveyance of its Lot to
a third party purchaser; or (ii) to another Owner of a Lot within the Property, subject to the restrictions set forth below. Except as provided in
subsection (i) above, the conveyance of a boat dock and/or boat slip by an Owner to a third party who is not an Owner of Lots within the
Property is prohibited. The Owner of a boat dock and/or boat slip shall be permitted to convey It, boat dock and/or boat slip to an Owner of a
Lot within the Property during any period of time in which it is the Owner of a Lot. For example, if an Owner contracts with a third party
purchaser to convey its Lots to such third party, but such third party purchaser does not contract to purchase the boat dock and/or boat slip
as part of such transaction, Owner shall be required to convey its boat dock and boat slip to another Owner within the Property prior to the
date in which it closes on the conveyance of its Lot to the third party purchaser The Association shall have the right to void any conveyance
of a Lot, boat dock and/or boat slip by an Owner which the Association determines to have been made in violation of this Section. All costs
and fees, including without Iirnitations, all attorneys fees whether or not a cause of action be filed, and at all trial and appellate levels which
may accrue to the Association as a result of voiding such a transaction, shall be paid by the seller and purchaser, jointly and severally, of the
applicable Lot, boat dock and/or boat slip. If the seller and purchaser refuse or fail to pay the costs accruing to the Association in connection
with voiding such a transaction, the Association shall have the right to lien the Lot in an amount equal to such cost and fees accruing to the
Association. This assessment and collection of such assessment authorized pursuant to this paragraph shall be made in accordance with the
assessment powers and lien rights of the Association for Individual Assessments.
The conveyance of boat docks and/or boat slips within the Property shall be subject to any guidelines established, adopted, amended and
modified by the Board from time to time. All Owners owning a Lot and a boat dock and/or boat slip shall be required to notify the Association
immediately upon entering into a contract for the sale of such a Lot, boat dock and/or boat slip and shall be required to immediately provide
the Association with copies of such contracts, if requested by the Association.
10.21 No Interference with Construction. Neither the Association nor any Owner shall interfere with or impede any of Declarant's construction
and marketing activities within the Property so long as Declarant shall be performing same.
10.22 Business Use. No trade or business may be conducted in or from any Lot, except that an Owner or occupant residing in a Lot may
conduct business activities within the Lot so long as: (a) the existence or operation of the business activity Is not apparent or detectable by
sight, sound or smell from outside the Lot; (b) the business activity conforms to all zoning requirements and other applicable governmental
regulations for the Property; (c) the business activity does not involve persons coming on to the Property who do not reside in the Property or
door-to-door solicitation of residents within the Property, and (d) the business activity is consistent with the residential character of the
Property and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the
Property, as may be determined in the sole discretion of the Board. There terms "business" and "trade" as used in this Section shall be
constructed to have their ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work or activity
undertaken on an on-going basis which involves the provision of goods or services to persons other than the provider's family and for which
the provider receives a fee, compensation, or other form of consideration, regardless of whether (i) such activity is engaged in full or part
time, (ii) such activity is intended to or does generate a profit; or (iii) a license is therefore required.
10.23 No Temporary Buildings. No out-buildings, portable buildings, temporary or accessory buildings or structures, storage buildings shall
be erected, constructed or located upon any Lot for storage or otherwise, without the prior written consent of the Board.
22
10.24 Limitation on Improvements to Lots. Except for seasonal holiday decorative lights, which may be displayed between December 1 and
January 10 only, all exterior lights (other than those originally installed by the Declarant must be approved by the ARC. No artificial
vegetation shall be permitted on the exterior of any portion of a Lot. Exterior sculptures, fountains, flags, and similar items must be approved
by the ARC.
10.25 Trees/Landscaping. No trees, shrubs, bushes, hedges or other landscaping shall be maintained, removed or planted on any portion of
the Property, including but not limited to any Limited Common Properties, by any Owner unless such Owner has obtained the prior written
approval of the ARC. This provision shall not be deemed to require the ARC to approve or permit the planting or removal of landscaping.
Notwithstanding, the foregoing, diseased or dead trees, and landscaping, and those needing to be removed to promote the growth of other
trees or for safety reasons may be removed by the Declarant and/or the Association at any time.
10.26 Lakes, Canals and Other Water bodies. in addition to all applicable restrictions, laws and ordinances imposed by applicable
governmental or quasi-governmental authorities from time to time, there shall be no swimming, or dumping of any materials whatsoever
(whether organic or otherwise) within the lakes, canals and other water bodies located upon the Property. The Board shall have the right to
promulgate rules, from time to time further restricting the use of the lakes, canals and other water bodies as the Board deems necessary or
desirable in its sole and absolute discretion.
10.27 Exceptions. All of the Use Restrictions set forth in Sections 10.1 through 10.26 hereof shall not apply with respect to the customary
and usual activities of Declarant in connection with its construction, deveiopment and marketing of the Property Without iimitation, this shall
include:
(1) The construction ofbuiidings, or any other Improvements within the Property; and
(2) The sale of Lots and/or Dwelling Units by Declarant or any other person or entity constructing Dwelling Units within any portion of the
Property.
ARTICLE XI: DAMAGE OR DESTRUCTION TO COMMON PROPERTIES AND BUILDING STRUCTURES LOCATED ON LOTS
Damage to or destruction of all or any portion of the Improvements on Common Properties shall be handled in the following manner'
A. In the event of damage to or destruction of Improvements on the Common Properties, if insurance proceeds are sufficient to effect total
restoration, then the Association shall cause such Improvements on Common Properties to be repaired and reconstructed substantially as
they previously existed. In the event of damage to or destruction of building structures located on Lots, if sufficient to effect total restoration,
then the Association shall cause such building structures located on Lots to be repaired and reconstructed substantially as they previously
existed. Such restoration shall be limited to the building structures only, including party walls, and shall not cover the interior of the buildings
insured, including, but not limited to, interior partition walls, interior doors, interior stairways, kitchen cabinets and fixtures, appliances
whether built in or not, electrical fixtures, bathroom cabinets and fixtures, and any floor, wall or ceiling coverings. Without limiting the
foregoing, in the event of damage to or destruction of a portion of a building structure located on and affecting only one Lot, if such damage
or destruction was caused by the negligence or willful misconduct of the Owner of such Lot, including such Owner's Family, tenants, guests
and invitees, both minor and adult, then the Association may, in its sole discretion, require said Owner to cause such damaged or destroyed
portion of the building structure on said Owner's Lot to be repaired and reconstructed substantially as it previousiy existed, notwithstanding
whether there are sufficient insurance proceeds, or any insurance proceeds whatsoever to effect same. In the event such Owner fails to
properly complete such repair and reconstruction within the time prescribed by the Association, then the Association may effect same at
such Owner's expense and an individual Assessment therefore shall be made against such Owner's Lot in accordance with the provisions of
Section 6.5 hereof, and may be collected as provided herein for the collection of Assessments. In the case of Co-Owners of a Lot, defined in
Section 3.2 hereof, the liability of such Owners shall be joint and several.
B. B. If the insurance proceeds are within Twenty Thousand Dollars ($20,000.00) or less of being sufficient to effect total restoration to the
Improvements on the Common Properties then the Association shall cause such Improvements to be repaired and reconstructed
substantially as they previously existed. Notwithstanding the amount of the insurance proceeds covering building structures located on Lots,
the Association shall cause the building structures located on Lots to be repaired and reconstructed substantially as they previously existed.
Any difference between the insurance proceeds and the actual cost of restoring Improvements on the Common Properties or building
structures located on Lots shall be levied as a Special Assessment against each of the Owners and Lots and no consent of Owners shall be
required as otherwise would be the case in the event of a Special Assessment over Twenty Thousand Dollars ($20,000.00). Declarant and
Declarant.owned Lots shall be exempt from such Special Assessments, in accordance with Section 6.6 hereof.
C. C. If the insurance proceeds are insufficient by more than Twenty Thousand Dollars ($20,000.00) to effect total restoration to the
Improvements on the Common Properties, then the Members shall determine, by vote of seventy-five (75%) percent of Member votes
present in person or by proxy at a special meeting of the Members, duly called, whether (1) to rebuild and restore the Improvements on the
Common Properties in substantially the same manner as they existed prior to damage and to raise the necessary funds over the insurance
proceeds by levying a Special Assessment against all Lots, or (2) to rebuild and restore in a way which is less expensive than replacing
these Improvements in substantially the same manner as they existed prior to being damaged, or (3) to not rebuild the Improvements on the
Common Properties and to retain the available insurance proceeds. if a decision is made to rebuild in a manner which would result in a
change in the Improvements such new plans must receive the written approval of the Board, which may pre-approve plans to be submitted to
?'
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the Members at a special meeting of Members. Declarant and Declarant-owned Lots shall be exempt from such Special Assessment, in
accordance with Section 6.6 hereof.
o Each Owner shall be liable to the Association for any damage to the Common Properties and each Owner shall be liable to the
Association and to the respective Owners of Lots ("Affected Owners") for any damage to building structure located on Lots which may be
sustained by reason of the negligence or willful misconduct of any Owner, as well as the Owner's family, tenants, guests and invitees, both
minor and adult ("Negligent Owner(s)"). The Association has the right but not the obligation, to pursue all available legal or equitable
remedies against the Negligent Owner(s) for losses or damages sustained by the Association and/or the Affected Owners by reason of the
negligent or willful misconduct of the Negligent Owner(s) and the Association is hereby authorized by the Affected Owners to act as their
agent and is appointed as their attorney.in.fact for same to the extent the Association elects, in its sole discretion, to pursue any such
remedies against the Negligent Owner(s). All expenses incurred by the Association in connection with the foregoing, including attorneys' fees
and costs, shall be deemed Common Expenses in accordance with Sections 6.2 and 1.8 hereof. In addition, the Association shall have the
right to charge such Negligent Owner(s) an Individual Assessment equal to the increase, if any, in any insurance premium due from the
Association directly attributable to the damage caused by such Negligent Owner(s). In the case of Co.Owners of a Lot, defined in Section 3.2
of this Declaration, the liability of such Negligent Owner(s) shall be joint and several. The cost of correcting such damage shall be an
Individual Assessment against the Lot and may be collected as provided herein for the collection of Assessments.
ARTICLE XII: INSURANCE
12.1 Common Properties and Building Structures Located on Lots. The Association shall keep all buildings, structures, fixtures and other
Improvements located on the Common Properties, as well as the building structures only as provided below, located on Lots, insured against
loss or damage by fire, flood or other casualty for the full insurable replacement value thereof in an amount equal to 100% of the then current
replacement cost (excluding foundation, excavating costs and other items normally excluded from coverage) as determined by the
Association's casualty insurance company (with reasonable deductibles), and may obtain insurance against such other hazards and
casualties as the Association may deem desirable. The insurance on the building structures located on Lots shall cover the structures only,
including party walls, and shall not cover the interior of the buildings insured, including but not limited to, interior partition walls, interior doors,
interior stairways, kitchen cabinets and fixtures, and any tloor, wall or ceiling coverings. If desired by the Owners or their mortgagees, it shall
be the Owners' responsibility to obtain any insurance for the excluded items in the preceding sentence. The Association may also insure any
other property, whether real or personal, owned by the Association, against loss or damage by fire, flood and such other hazards as the
Association may deem desirable, with the Association as the owner and beneficiary of such insurance for and on behalf of itself and all
Owners. The insurance coverage with respect to the Common Properties shall be written in the name of, and the proceeds thereot shall be
payable to, the Association, and the insurance coverage with respect to the building structures located on Lots shall be blanket policies
written in the name of the Association, individually and as agent for the Owners covered by the policies, without naming them and as agent
for the mortgagees without naming them, and the proceeds thereof shall be payable to the Association. Insurance proceeds for Common
Properties may be used by the Association for the repair or repiacement of the property tor which the insurance was carried, at the option of
the Board. Insurance proceeds for building structures located on Lots must be used by the Association for the repair or replacement of the
damaged or destroyed building structure(s). Premiums for all insurance carried by the Association are Common Expenses included in the
Common Assessments made by the Association.
12.2 Replacement or Repair of Property In the event of damage to or destruction of any part of the Common Properties, or the building
structures located on Lots, the Association shall repair or replace the same from the insurance proceeds available, subject to the provisions
of Article XI of this Declaration.
12.3 Waiver of Subrogation. As to each policy of insurance maintained by the Association which will not be voided or impaired thereby, the
Association hereby waives and releases all claims against the Board, the Management Company, Declarant, and the agents and employees
of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence of or breach of any
agreement by said persons, but only to the extent that insurance proceeds are received in compensation for such loss.
12.4 Liability and Other Insurance. The Association shall have the power to and shall obtain comprehensive public liability insurance,
including medical payments and malicious mischief coverages, in such limited as it shall deem desirable, insuring against liability for bodily
injury, death and property damage arising from the activities of the Association or with respect to property under the jurisdiction, including, if
obtainable, a cross.liability endorsement insuring each Owner against liability to each other Owner and to the Association and vice versa.
The Association may also obtain Workers' Compensation insurance and other liability insurance as it may deem desirable, insuring each
Owner and the Association, Board of Directors and Management Company, from liability in connection with the Common Properties, the
premiums for which shall be Common Expenses and included in the Common assessments made against the Owners. All insurance policies
shall be reviewed at least annually by the Board of Directors and the limits increased in its discretion. The Board may also obtain such errors
and omissions insurance, indemnity bonds, fidelity bonds and other insurance as it deems advisable, insuring the Board and the
Management Company against any liability for any act or omission in carrying out their obligations hereunder, or resulting from their
membership on the Board or any committee thereof.
24
ARTICLE XIII: ANNEXATION OF ADDITIONAL PROPERTY AND WITHDRAWAL OF PROPERTY
13.1 Annexation Without Approval of Class "A" Membership. As the owner thereof, or if not the owner, with the consent of the owner thereof,
Declarant shall have the unilateral right, privilege and option, from time to time at any time to subject to the provisions of this Declaration and
the jurisdiction of the Association all or any portion of the real property described in a Supplemental Declaration. Such Supplemental
Declaration shall not require the consent of the Members. Any such annexation shall be effective upon the filing for record of such
Supplemental Declaration unless otherwise provided therein. Declarant shall have the unilateral right to transfer to any other person the said
right, privilege, and option to annex additional property which is herein reserved to Declarant, provided that such transfer or assignment is
memorialized in a written, recorded instrument executed by Declarant.
13.2 Annexation With Approval of Class "A" Membership. Subject to the consent of the owner thereof, the Association may annex additional
real property to the provisions of this Declaration and the jurisdiction of the Association. Such annexation shall require the affirmative vote of
not iess than seventy.five (75%) percent of the Class "A" Members of the Association. Annexation shall be accomplished by filing of record in
the public records of the County, a Supplemental Declaration describing the property being annexed. Any such Supplement Deciaration shall
be signed by an authorized officer of the Association, and by the owner of the property being annexed, and any such annexation shall be
effective upon filing unless otherwise provided therein. The relevant provisions of the Bylaws dealing with regular or special meetings, as the
case may be, shall apply to determine the time required for and the proper form of notice of any meeting called for the purpose of
considering annexation of property pursuant to this Section 13.2 and to ascertain the presence of a quorum at such meeting.
13.3 Acquisition of Additional Common Properties. Declarant may convey to the Association additional real property, or any interest therein,
improved or unimproved, and upon conveyance and dedication to the Association shall be accepted by the Association and thereafter shall
be maintained by the Association at its expense as a part of the Common Properties for the benefit of all of its Members.
13.4 Withdrawal of Property. Declarant shall be entitled to withdraw portions of the Property owned by Declarant from the terms and
conditions of this Declaration, subject to the terms and conditions of this Section 13.4. For purposes of this Declaration, the portion of the
Property withdrawn from the terms hereof shall be referred to as the "Withdrawn Property" In order to withdraw such portion of the Property
from the terms of this Declaration, Declarant shall record in the Public Records of the County an instrument executed with the formalities of a
Deed, which instrument shall make reference to this Declaration, state that the purpose of the instrument is to withdraw the Withdrawn
Property from the terms and conditions of this Declaration, and contain a legal description of the Withdrawn Property Declarant shall have
the right to withdraw portions of the Property from the terms and conditions of this Declaration without the joinder, ratification, or approval of
the Association, any Owner, or any lien holder provided that Declarant is the fee simple owner of the Withdrawn Property and provided that
the withdrawal of the Withdrawn Property shall not result in the reduction of the number of Lots within the Property or the substantial material
reduction of the size of any Lot within the Property Upon the withdrawal of the Withdrawn Property from the terms of this Declaration,
including all exhibits hereto, or any other covenants, restrictions and/or regulations provided herein or adopted hereunder, except for those
easements, rights-of-way, or other portions hereof which, by their terms, specifically survive the termination of this Declaration, which shall
include the withdrawal of such lands from the terms and conditions of this Declaration.
13.5 Amendment. This Article XIII shall not be amended without the prior written consent of Declarant, so long as the Declarant owns any
portions of the Residential Property
ARTICLE XIV: ARCHITECTURAL STANDARDS
The Board shall have the authority and standing, on behalf of the Association, to enforce in courts of competent jurisdiction decisions of the
committee established in Section 14.2 of this Article XIV This Article XIV shall not in any fashion be applicable to or binding upon Declarant,
its successors and/or assigns, and none of the provisions of this Article XIV may be amended without the Declarant's written consent so
long as the Declarant owns any portion of the Property
14,1 Architectural Control for Exterior Changes. There shall be no: (i) construction, which term shall include within its definition but shall not
be limited to staking, clearing, excavation, grading, and other site work; (ii) exterior alteration or modification of existing Improvements; or, (iii)
plantings or removal of plants, trees, or shrubs, except in strict compliance with this Article XIV; until the requirements of each have been
fully met; and until the approval of the appropriate entities has been obtained. All Improvements constructed on any portion of the Property
by any of the Owners shall be designed by and built in accordance with the plans and specifications of a licensed architect.
A. No construction of improvements (including without limitation, pools, saunas, spas, Jacuzzis, screened enclosures, building, mailboxes,
dog runs, animal pens or fences), decorations, attachments, fixtures, alterations, repairs, change of paint or stain color, pressure cleaning, or
other work shall be erected, constructed, affixed, placed, or altered on any Lot or Dwelling Unit contained thereon, until the proposed plans,
specifications, exterior colors and/or finishes, landscaping plan, and plot plan showing the proper location of such improvement shall have
been approved by the ARC, (as hereinafter defined), if successor or assigns. Refusal of approval of plans, location, or specifications may be
based by the ARC upon any reason, inclUding purely aesthetic conditions, which in the sole discretion of the ARC shall be deemed sufficient.
Two (2) copies of all plans and specifications shall be furnished in the ARC.
14.2 Architectural Review Committee. The Board shall have the right, pursuant to the Bylaws, to appoint certain of the Members to an
Architectural Review Committee ("ARC") which shall have exciusive jurisdiction over all original construction on any portion of the Property,
as well as over all modifications, additions, or alterations made on or to existing Dwelling Units and all other Improvements within the
Property, subject to each Owner having the right of appealing to the Board any decisions of the ARC. The ARC shall prepare and, on behalf
25
of the Board of Directors, shall promulgate design and development guidelines, application and review procedures, and building criteria (the
"Guidelines"). The Guidelines shall be promulgated on behalf of the Association and shall be binding upon all of its Members. The ARC shall
have sole and full authority to prepare and to amend from time to time the Guidelines, and shall make the Guidelines available to Owners,
builders, developers and contractors who seek to engage in construction upon all or any portion of the Property, and such Owners, builders,
developers and contractors shall conduct their operations strictly in accordance therewith.
14.3 Committee Members. Until all Lots have been developed and conveyed to purchasers in the normal course of development and sale,
Declarant retains the right to appoint all members of the ARC, which shall consist of at least three (3), but nor more than five (5), persons.
There shall be no surrender of Declarant's right hereunder prior to conveyance of all Residential Property, except as otherwise set forth in a
written instrument, in recordable form, executed by Declarant, which may be delivered in Declarant's sole and absolute discretion. Upon the
expiration of such right, the Board shall appoint the members of the ARC, to consist of at least three (3); and no more than five (5) members.
14.4 Delegation of Authority and Application Procedure. The ARC may delegate its authority, except that all original construction on any
portion of the Property may not be delegated, to the appropriate board or committee of any neighborhood association, councilor group
subsequently created or subsequently subjected to this Declaration so long as the ARC has determined that such board or committee has in
force review and enforcement practices, procedures, and appropriate standards at least equal to those of the ARC. Such delegation may be
revoked and jurisdiction reassumed at any time by written notice.
The Owner or its agent requesting such approval shall submit to the ARC each of the following: (a) plans and specifications showing the
nature, kind, shape, color, size, materials, and location of such modifications, additions, or alterations, which shall be reviewed by the ARC
for its approval as to quality of workmanship and design and as to harmony of external design with existing structures, location in relation to
surrounding structures, topography, and finish grade elevation; (b) evidence that the contractor(s) employed by Owner are properly licensed
under Florida law; and (c) evidence of insurance having been obtained which reasonable insures the risk undertaken. No permission or
approval shall be required to repaint in accordance an originally approved color scheme, or to rebuild in accordance with originally approved
plans and specifications. Nothing contained herein shall be construed to limit the right of an Owner to remodel the interior of such Owner's
Dwelling Unit, or to paint the interior of such Dwelling Unit any color desired. In the event that the ARC fails to approve or to disapprove such
plans or to request additional information reasonably required within forty-five (45) days after submission in accordance with the proper
procedure, the plans shall be deemed approved.
14.5 No Waiver of Future Approvals, The approval of the ARC of any proposals or plans and specifications or drawings for any work done or
proposed, or in connection with any other matter requiring the approval and consent of the ARC, shall not be deemed to constitute a waiver
of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings, or matters whatever
subsequently or additionally submitted for approval or consent
14.6 Variance. The ARC may authorize variances from compliance with any of the provisions of the Guidelines when circumstances such as
topography, natural obstructions, hardship, or aesthetic or environmental considerations require such waiver, but only in accordance with the
Rules. Such variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective unless in
writing, (b) be contrary to the restrictions set forth in the body of this Declaration, or (c) estop the ARC from denying a variance in other
circumstances. For purposes of this Section 14.6, the inability to obtain approval of any governmental agency, the issuance of any permit, or
the terms of any financing shall not be considered a hardship warranting a variance.
14.7 Defects in Plans, Specifications or Construction of Improvements. Plans and specifications are not approved for engineering design,
and by approving such plans and specification, neither the ARC, the members thereof, the Association, its members, the Board or the
Declarant assumes liability or responsibility thereof, or for any defect in any structure constructed in accordance with such plans and
specifications.
14.8 Fees, A schedule of reasonable fees may be established by the Board for defraying costs of administering any application or submittal
to the ARC under this Article XIV
ARTICLE XV: GENERAL PROVISIONS
15.1 Enforcement: This Declaration, including the Articles, Bylaws and Rules, may be enforced against any and all Owners by the
Association, as well as Declarant as long as Declarant owns any portion of the Property Endorsement by the Association (and Declarant)
shall include and be governed by the following;
A. Breach of any of the covenants contained in this Declaration, the Articles or the Bylaws and the continuation of any such breach may be
enjoined, abated or remedied by appropriate legal proceedings by Declarant or the Association. Any judgment rendered in any action or
proceeding to enforce this Deciaration or the Bylaws shall include a sum for attorneys' fees, in such amount as the court may deem
reasonable, as well as the amount of any delinquent payment, interest thereon, costs of collection and court costs.
B. The result of every act or omission whereby any of the covenants contained in this Declaration, the Articles or the Bylaws are violated in
whole or in part in hereby declared to be and shall constitute a nuisance, and every remedy allowed at law or in exercised by Declarant or
the Association.
C. The remedies herein provided for breach of the covenants contained in this Declaration, the Articles or in the Bylaws shall be deemed
cumulative, and none of such remedies shall be deemed exclusive.
26
D. The failure of the Association to enforce any of the covenants contained in the Declaration, the Articles or in the Bylaws shall not
constitute a waiver of the right to enforce the same thereafter
E. All remedies provided at law or in equity shall be deemed incorporated herein so as to permit the employment of all remedies permitted
under Florida law.
15.2 Severability Invalidation of anyone of these covenants or restrictions or any part thereof by judgment or court order shall In no way
affect any other provisions which shall remain in full force and effect.
15.3 Term. Subject to the amendment provisions of Section 15.5 hereof, this Declaration shall run with and bind the Property and shall inure
to the benefit of and be enforceable by the Association, Declarant, and their respective successors and assigns, for a term of forty (40) years
from the date this Declaration is recorded, after which time this Declaration shall be automatically extended for successive periods of ten (10)
years. unless an instrument, approved by seventy-five (75%) percent of the Members and seventy.five (75%) of the Institutional Mortgagees
has been recorded terminating this Declaration. At such point of termination, no prescription rights shall be established regardless of the
nature or duration of use of the common Properties or any portion thereof.
Should the Members of the Association vote not to renew and extend this Declaration as provided herein, all Common Properties shall be
transferred to a Trustee appointed by the Circuit Court for the County, which Trustee shall sell the Common Properties free and clear of the
provisions hereof upon terms established by the Trustee and approved by the Court. The proceeds of such a sale shall first be used for the
sale, operation, maintenance, repair and upkeep of the Common Properties, including a Trustee's fee approved by the Court, then for the
payment of any debts or obligations constituting a lien on the Common Properties. The excess of proceeds, if any, shall be distribute among
the Owners in accordance with their proportionate share of Assessment as set forth in Section 6.8 hereof. Only those easements which state
that they shall survive termination hereof shall so survive unless otherwise required under Florida law.
15.4 Interpretation. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the
development of a residential community and for the maintenance of community facilities and Common Properties. The article and section
headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or
construction. Unless the context requires a contrary construction, the singular shall Include the plural and the plural, the singular and the
masculine, feminine and neuter genders shall each include the others. The Board shall be the ultimate interpreter of this Declaration and an
opinion of counsel that any such interpretation is not unreasonable shall establish the validity of any such interpretation.
15.5 Scrivener's Errors. Prior to the time the Declaration turns over control of the Association to the Owners other than Declarant, the
Declarant may amend this Declaration in order to correct a scrivener's error or other defect or omission, without the consent of the Owners,
the Association. the Board or any other third parties, provided that such amendment is reasonable and does not adversely affect, in a
material manner, an Owner's property rights. Such an amendment shall be signed by the Declarant alone and a copy of the amendment
shall be furnished to each Owner, the Association, and all institutional Mortgagees as soon after recording thereof amongst the public
records of the County, as is practicable.
15.6 Amendments. This Declaration may only be amended (1) by the affirmative vote (at any annual or special meeting of Members) or
written approval of Members holding not less than seventy-five (75%) percent of the votes of the Class A Membership and (so long as
Declarant: or (2) until such time as Class B Membership terminates pursuant to Section 4.1 hereof, by act (with or without a meeting or
notice) of Declarant alone. However no amendment shall be permitted which has a material and adverse affect upon rights of Declarant or
an Institutional Mortgagee without the prior written consent of Declarant or such institutional Mortgagee, as appropriate. Nothing contained
herein shall affect the right of Declarant to make such amendments or Supplemental Declarations without the consent or approval of any
Owner, Member, or Institutional Mortgagee, as may otherwise be permitted herein. In the event any amendment is sought other than by
Declarant, notice shall be given to all Owners and Institutional Mortgagees who have requested notice pursuant to Article VIII hereof at least
forty-five (45) days prior to the date of the meeting at which such proposed amendment is to be considered. If any proposed amendment to
this Declaration is approved by the Members as set forth above, an authorized office of the Association shall execute an amendment of this
Declaration, which shall set forth the terms of the amendment, which shall be effective upon its recording. Such amendment shall be
recorded in the Official Records of the County Amendments made by Declarant need be signed only by Declarant with no recitation of the
items set forth immediately above.
15.7 No Public right or Dedication. Nothing contained in this Declaration shall be deemed to be a gift or dedication of all or any part of the
Common Properties to the public, or for any public use.
15.8 Notices. Any notice permitted or required to be delivered as provided herein shall (unless otherwise expressly set forth herein) be in
writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered forty-eight
(48) hours after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to any Person at the address
for such Person contained in the records of the Association. Such address shall be used for all purposes, unless changed from time to time
by notice in writing to the Association.
15.9 NO REPRESENTATIONS OR WARRANTIES. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
HAVE BEEN GIVEN OR MADE BY DECLARANT OR ITS AGENTS OR EMPLOYEES IN CONNECTION WITH ANY PORTION OF THE
PROPERTY,ITS PHYSICAL CONDITION, ZONING, COMPLIANCE WITH APPLICABLE LAWS, MERCHANTABILITY, HABITABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR IN CONNECTION WITH THE SUBDIVISION, SALE, OPERATION, MAINTENANCE, COST
27
OF MAINTENANCE, TAXES OR REGULATION THEREOF, EXCEPT (A) AS SPECIFICALLY AND EXPRESSLY SET FORTH IN THIS
DECLARATION OR IN WRITTEN DOCUMENTS DELIVERED BY DECLARANT TO ANY OWNER, AND (B) AS OTHERWISE REQUIRED
BY LAW.
15.10 Declarant Exemption. Anything in this Declaration to the contrary notwithstanding, so long as Declarant owns, occupies or uses any
portion of the Property, nothing herein shall be construed to prevent, limit, or impair Declarant's right to operate and maintain models, gates,
sales and leasing offices, construction activities, promotional activities and signs.
15.11 Information. The Association shall make available for inspection to Owners and Institutional Mortgagees, upon request, during normal
business hours, current copies of this Declaration, the Articles, Bylaws, or any Rules or Guidelines concerning the Property, together with the
books, records, and financial statements of the Association.
15.12 Voidabllity of Contracts. The Association shall not have the right to cancel any contract, lease, or management agreement entered into
by the Association prior to Declarant turning over control of the Association to Owners other than Declarant, unless the Association has a
right of termination "without cause" in such contract, lease, or management agreement, which is exercisable without penalty at any time after
transfer of control upon not more than ninety (90) days notice to the other party
15.13. Assignability, of Declarant's Rights. The rights of Declarant under this Declaration, the Articles, and the Bylaws may be assigned any
number of times, In whole or in any part, on an exciusive or non-exclusive basis by written instrument recorded In the public records of the
County Any partial assignee shall not be deemed Declarant, nor shall it be burdened by any of Declarant's obligations arising under this
Declaration, except as expressly and specifically assigned and assumed. No assignee shall have any liability for any acts of Declarant or any
prior declarant, prior to the date of assignment or transfer, unless such assignee is assigned and agrees to assume such liability
15.14 Priority of Document. This Declaration shall be paramount to those Instances of irreconcilable conflict among or between it and the
Articles, Bylaws, or Rules, in the absence of any express language indicating which document controls the particular subject matter; the
Articles are next paramount, the Bylaws next paramount, and the Rules most subordinate.
15.15 Real Property Covenants. All of the restrictions, reservations, covenants, conditions, assessments, liens and easements contained
herein constitute covenants running with the land and shall run perpetually unJess terminated or amended as provided herein, and shall be
binding upon all Owners as herein defined, and in consideration of receiving and by acceptance of any deed, grant, devise or mortgage, all
grantees, devisees or mortgages, their heirs, personal representatives, successors and assigns, and all parties claiming by, through or under
such persons, agree to be bound by the provisions of this Declaration and the Articles and Bylaws. Both the burdens imposed and the
benefits derived from this Declaration shall run wifh each Lot, as herein defined.
15.16. Disclaimer THE ASSOCIATION WILL STRIVE TO MAINTAIN THE PROPERTY AS A SAFE AND SECURE RESIDENTIAL
ENVIRONMENT HOWEVER, NEITHER THE ASSOCIATION NOR DECLARANT SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGE
BY REASON OF FAILURE TO PROVIDE ADQUATE SECURITY OR INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN.
ALL OWNERS, TENANTS, GUESTS, AND INVITEES OF ANY OWNER, AS APPLICABLE, ACKNOWLEDGE THAT THE ASSOCIATION
AND DECLARANT, AND ANY COMMITTEES ESTABLISHED BY ANY OF THE FOREGOING ENTITIES, ~RE NOT INSURERS AGAINST
LOSS AND THAT EACH OWNER, TENANT, GUEST, AND INVITEE ASSUMES ALL RISK OF LOSS OR DAMAGE TO PERSONS, TO
LOTS, AND TO THE CONTENTS OF LOTS, AND FURTHER THAT THEY ACKNOWLEDGE THAT NEITHER THE ASSOCIATION NOR
THE DECLARANT HAS MADE ANY REPRESENTATION OR WARRANTIES TO ANY OWNER, TENANT, GUEST, OR INVITEE, NOR HAS
ANY OF SUCH PARTIES RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTY OF MERCHANTABILTY OR FITNESS FOR ANY PARTICULAR PURPOSE RELATIVE TO ANY SECURITY MEASURES OR
DECLARANT NEITHER THE ASSOCIATION, THE DECLARANT SHALL IN ANY WAY BE CONSIDERED INSURERES OR
GUARANTORS OF SECURITY WITHIN THE PROPERTY
15.17 No Partition. Except as is permitted in the Declaration or amendments thereto, there shall be no physical partition of the Common
Properties or any part thereof, nor shall any person acquiring any interest in the Common Properties or any part thereof seek any judicial
partition unless the Common Properties have been removed from the provisions of this Declaration This Section 15.16 shall not be
construed to prohibit the Board of Directors from acquiring and disposing of tangible personal property nor from acquiring title to real property
which mayor may not be subject to this Declaration.
15.18 Modification of Project Declarant reserves the absolute right at any time and from time to time to modify the Project for all or any
portion of the Property, and in connection therewith to develop Dwelling Units upon the Property which are substantially different from the
planned Dwelling Units for the Property from time to time, and in the event Declarant changes the type, size, or nature of the Dwelling Units
or other Improvements to be constructed upon the Property, Declarant shall have no liability thereafter to any Owner in addition, Declarant
makes no representations or warranties as to the manner in which any other property outside of the Property will be developed, and shall
have no liability to any Owner as regards the development of any other property in or around the Property
15.19 Notice and Disclaimers as to Water Bodies. NEITHER DECLARANT, THE ASSOCIATION NOR ANY OF THEIR OFFICERS,
DIRECTORS, COMMITTEE MEMBERS, EMPLOYEES, MANAGEMENT AGENTS, CONTRACTORS OR SUBCONTRACTORS
(COLLECTIVELY THE "LISTED PARTIES") SHALL BE LIABLE OR RESPONSIBLE FOR MAINTAINING OR ASSURING THE WATER
QUALITY OR LEVEL IN ANY LAKE, CANAL, POND OR OTHER WATER BODY WITHIN OR ADJACENT TO THE PROPERTY FURTHER,
28
ALL OWNERS AND USERS OF ANY PORTION OF THE PROPERTY LOCATED ADJACENT TO OR HAVING A VIEW OF ANY OF THE
AFORESAID WATER BODIES SHALL BE DEEMED, BY VIRTUE OF THEIR ACCEPTANCE OF THE DEED TO OR USE OR, SUCH
PROPERTY, TO HAVE AGREED TO HOLD HARMLESS THE LISTED PARTIES FOR ANY OR ALL CHANGES IN THE QUALITY AND
LEVEL OF THE WATER IN SUCH BODIES, ALL PERSONS ARE HERBY NOTIFIED THAT FROM TIME TO TIME ALLIGATORS AND
OTHER WILDLIFE MAY INHABIT OR ENTER INTO WATER BODIES WITHIN OR ADJACENT TO THE PROPERTY AND MAY POSE A
THREAT TO PERSONS, PETS AND PROPERTY, BUT THAT THE LISTED PARTIES ARE UNDER NO DUTY TO PROTECT AGAINST
AND DO NOT IN ANY MANNER WARRANT AGAINST, ANY DEATH, INJURY OR DAMAGE CAUSED BY SUCH WILDLIFE.
15.20 Exhibits. Any exhibits attached to this Declaration, and amendments to this Declaration or any Supplemental Declaration that contain
sketches or depictions of Lot(s), Common Properties, lakes, canals, berms, Improvements and any other items shown on an exhibit, if any
("Sketched item(s)") shall not be binding as to the existence, size, dimensions, location or identification or any other aspect of such Sketched
Item(s) and shall only be for informational, reference, conceptual and general schematic purposes only unless the Exhibit together with the
text of this Declaration (including any amendment to this Declaration and Supplemental Declarations) is specifically creating the Sketched
Item(s) and then only to the extent specifically created. The depiction of Sketched Item(s) shown on any Exhibits (unless to specifically
create the Sketched Item(s) a stated in the previous sentence) shall not commit that same will be created and/or constructed at all or in the
manner shown and the Declarant makes no representations or warranties as to how the Sketched Item(s) will be created and/or constructed,
if at all.
Declarant and the Association have caused this Declaration to be executed as of the date first written above.
Signed in the presence of: DECLARANT
DAKOTA LOFTS DEVELOPMENT CORP
A Florida Corporation
Print Name
Print Name
BY'
Print Name:
Title:
Address
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF SS
The foregoing instrument was acknowledged and sworn before me this.., .dayof
.200, by .as... of Dakota Lofts Development Corp., a Florida Corporation, on behalf of the Association. He/She is personally
known to me or has produced.. .as identification
SIGNATURE OF NOTARY PUBLIC, STATE OF FLORIDA
Joined by Association:
DAKOTA LOFTS AT BOYNTON BEACH HOMEOWNERS ASSOCIATION, INC.
A Florida corporation not for profit.
1r~111.11111111111111
(
(
Prepared bv and return to:
Jonathan Bloom, Esq.
Attorney at Law
Reliable Title Services, Inc.
299 Camino Gardens Boulevard Snite 207
Boca Raton, FL 33432
561-417-5577
File Number: Dakota Sale
Will Call No..
1lJ7I13/21lJ1R IIlJ: 3...: H 2IlJIlJ2alS6197
OR BK 13908 PG 0728
Palm Beach Count), Florida
AMT 1,800,000.00
Doc Stamp 12,&00.00
[Space Above This Line For Recording Data]
Warranty Deed
This Warranty Deed made this 4th day of Jnne, 2002 between Dakota Lofts At Boynton, LLC, a Florida Limited
Liability Company whose post office address is 3621 South Federal Highway, ,Boynton Beach, FL 33435, grantor, and
Dakota Lofts Development, Corp., a Florida corporation whose post office address is 3010 S. Federal Highway,
Boynton Beach, FL 33435, grantee:
(Whenever used herein (he terms "grantor" and "grantee" include all the parties to lhjs inS1Tument and the heirs, legal representatives, and assign!> of
individuals. and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/IOO DOLLARS ($10 00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is heleby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Palm Beach County, Florida to-wit:
SEE EXHIBIT "A" ATTACHED HERETO
Parcel Identification Nnmber: 08-43-46-04-00-001-01311 & 08-43-46-04-00-001-0280
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said lalld ill fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accming subsequent to December 31,2001.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
?
Wi
<.(
(Colporate Seal)
State of Florida
County of Palm Beach
The foregoing instmment was acknowledged before llle this 4th day of June, 2002 by Mac Bagby Managing Member of
Dakota Lofts At Boynton, LLC. a Florida Limited Liability Company. on behalf ofthe cOlporation. He/she CJ is personally
known to me or [X] has produced a driver's license as identificatio
Jonathan Blool11, Esq.
[Notary Seal]
My Commission Expires:
October 29, 2004
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BOOK 13908
PAGE tl7Z9
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43 "East, 1'.1," IlQacll ()O\\n~Y' Plodl\<I, '~or<l 1"~.rUQ\11n'Cly
,leuGrH'Od a~ follOVJl, '1lQ(linl'lit'l1l al a pDlt'l~ '~n .~ HI'''
~)tlral.1.r~:l tD llt':ld nl~l ts\et. ..6Ul\~h"'-t:1Y (nva-a.fi\1t:e;~ at riO),t
~ngles) from, t\w rlorl.\ lin. or ijaJd flection 4., at . ,
t\i;st~noe o( l!iO l1t"Hiit ala.tatB,tl,:/1 ll\lliaa:urBt\ tl.'.l.o\'\!) n'~1rlpa.rallel.l
lIn", ,trom e/lnterly Hlne of t.he ~ixty-"b: tco\; dgh.l;-Of-
lii'i ot B\~nte Hoad Ho 5; t;henc~ ',(e,flbnrly a}or.g aal/\
rar!lll.el Hoe, 150 J:,,"\t t:r B polnl, I,ll "..1<1 ""',,,-..r1y dilht-,
nr-ua~, ~116nOA 8(1Ittt\orly along ~~id aapterly riD')b~Qf~
\lay \l,n..., .:'0 reetr Cl~en"e easterly 1St) r "''' I; to . poln\.
\(\1loh 1$ 76) teet no!,t,harJ.y fA'olll the po1nt: i)r bSlllnnill9r
I;h,,,\,,,, 1l00cti\any 267 fi~H\t, to the point of beu:lnninu_
,.
mnl;HU~,''(' to un .ti~'Hnll'Hn'l:J, fDr l:oa.d plit'~)('lU-~ll ('H) t'a1 fou.l't,et'ly
l{) 'tuer. ot \',)Il~ fOl"e(1tl'iin{1 preIl1isQ!JU and
.l'.,l'illl:.~ldL'
A l'~rlJel. I,and in S"",(;/.ol\ 4, 'rmmllhip 46 Sout}\, 'llnnge
I
43 B~~t, Pnl~ Beach Coun~YJ F)orld~, morn pbrticulnrly
da~('r:l.k)ed as rDllava~ I
auutnl\ll\D ~t a polnb l~ ~llnw pRr~11a~ to, AhAI 76.1 ~_~t:
uoutherly f~o~ (.~".n*ad .t rlgbt ~nDla8) bhe no~th lJde '
ut .,,1<1 iJ"cUon 4, iH 1\1 (U,,\',lll1ea of 2.9Q feet !lQ\lth 09
lll. .1.611 HeEll: of I....t.he. v~"'\:.-~~l:y rlgh'l:':rQ(-'\1~Y 1.111e pf the
rnha."naat."l IlatoA'\(an then". South fig 10' 46" Hest., along
~Did raral.ial. ,line, aidi~tDrl0~ of 22S,O fee~ -more Dr
1,,",~ un II \lolnt 11\ th~ "ast.nr1r linl< of land <\€\l\(,dh"a 'in!,I..e(]
reoorded i., n~od Bnokj9)3. Pnge ~6fi, PUblic b~cordg at Pa~m
ll""ell C1ll\'"ty. flM:1ul'1 t!l(Jn,,;, Southeuy along "~ld par"11""
U 110 II (l1...t.~ \11)" OJ' 13'r OJ feal;, lion! or ~"all, t,n j\. l)n1.nt tl\
~ 11lla p.E~llnl tn, a>>d 3un 1& e..1, aouth$rly from (m.~.u,~d
ai, ,11[11l' ."Illea} \.he north Una ot eai\! /IuoUOI\ 4~ thenee
Hd:r.-lh <<'9 1{\\ <\6" 11i1!il';, illonu a~:id ();d..L"a,l.lQ.~ ~lt1oll, ~ tHQL!dl~e
Ill: 247 flat,\; mo,I; or l'l~., .n II polnt: :lOa toet /loul',h 09
18' 46" M..,. of tho v,_turly tJghl-Of-..y lJ"o of o~ld
In1.oun..tal Hatara.YI ~honca North 5 21' 01" Raot, ,
parallBl to said u.~t,rly rlght-nf-way lina at the Int,.at
oail"\1I. 1l"'-llrlr.Y, " dl~tanc:e nt, 94 5 fBllti ,thence Sr.,nt,h
OD 18' ~~. Halt, parDllal to the north line of .Ild section.
4, ~ distanc. Dr 70 t~~t: tl~Gnc~ Nor~h 5 28' C6N E~Dt, p~rhl1al
t.il ~~:\d l1CI,t',ltly d9hl,-ot-lliIY of the Tl\t~~M~~t"l lIa\:er1l8{-,
i\ IJlm\;lI.HGP 0'[ !)U fa,ft.j 'Lll'enClIil North nu 'lG' 4pli Raatl plll'.l:\.l1 l.!d.
~o ~1\~ no~'~h ~Ln* gt ~~JI~ GRa~lon 4( a di.t_n~~ of eo 'l..~1
tlwoce HOHh 5 21\' O?" eaoL, parallel .tol!aid \(HBI,en.y ,
<1uht-Dr~..y l1n. of the Jnbr~ooaBt.l .atatvay, b dlhtjnDfl
<ll~ \\9,~ fant to t.h~ P\dllt ot ]>agii>ni"(/J LIl~)~1 a p~A'("l Of i
land in SRchiotl ~, Townsl\{p 46 South, nang~ 43 2a9tl P~lml
T\naoh enllnoty, f'1or.1da~ and /1",ro pa,tilmlUrly d~scr1hed as: tollo\l!lr
, ,
1)"111n ilt. th.. Int,er8uC't1on 'Of I;h.. ""g\, tlghi;-of-'l1nl' 1,1.r\a :
of tIle Yntr~on~atal WaterwbYI a5 aho~n on pint or and an
:n)coi'lhul in llliH:: llClOK] 1"" at. P~gE! 141\, Pedro Baach CO\Jn\:.y I
{l~1hl1[! X'grwrdllJ and III l1rlo plilnll1-sl r,o and 16 1 tent f3niH;h
, 'h '
ar ~B .B.Bn~.^ n, 'lg~b BOg In. tD t ~ Horth lln. af ~.td I
Beetlo" 4, ~hBnC8 In ~ WB~tBrlv direction alDng Bald parallel
n.no i' dl6~al\GB of 160 file" to the. \llllnt (If 1)",\)\on.in(/; .1
{,hellce continue in ill ~ei!jh"'lY <l1re(]~itlil ~101\U sald r!at al~el
line" Il.r..l;auctI of \40 tee", \',hauGs Ul ~ 3(H.tlwrly tlH'Bct:lon
Blld piU'allot t.o mdd ~"'Bt rlS1M~or""i\Y line of the 1n\,r1\_1
tdalltal Walen,ay " <l1:f.t,anc:e pf 119 -" i"..t I I:hence In all '
l.la!lter1.y tllte.edon "tlr p..rallel I;D "g.ld North JjJl~ or
alation 4. a dlal.nee. of 140 feetl ~loo"e 10 a NnrtherJr ,
dlt'iJ.ct,ion and (\a.r'nlle\, t"o JQl\\d .l"~al rl'-1ol>....of-w:iJY lJnQ qr PHI
l:rH',t't1UOl!'lnl~.1 I>llll:u:cV('l.yl Ii -d:tBta[\'~~ of" O\) '~ fnRI'~ t.o. chI'! po-1nl, 01'
):It~D.iul\in~r~ I
,
fleu"rvlnS/ (or utreet,i rDad aod \mj)H" I1ti1H.y ,)\JrpoaeR thp
v-anbt](ly to ,rent 'i,l\"nr\e(.lf~
1
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407-'T3t.\2.<:\Cn ,IE t,tOORE
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"
3~20 P0.:j flUfi 16 '01 J 1. J.3<'j
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Jl(JIJI{ 13908 PAGE 0738'
Dorothy'H. Wilkl!'n. ClP.-k
1'1\1\01."'-2.
D<<Ilex-!,\,rUo!l or C,aYlul. h plln:llt o( IIlIH] in Sllctlon4, ~'OUl\81',h)
>If, HO\!tll, Hntlgtl 43 Ealat.. PahJ Ilaabh CounLy, Flodda, lMlr~
lliIr\:iellllllly dUl1rlbod a~ l'ilUOWB: '
Fro., till! point of lot!lltn..ctlon o{ Lha illllll:llr,ty duhl--oE-!vIIY
IJo" fit thu InL~.co.~tlll N.t"~vny with. lIDI pnr~llel
,tt), ;0,11'(\ 61.2 ["",,, nmlt," />1', meallllrlilll nt. righl allul,,~ ~o"
h-h... r~oK'l:.h llnll df 1Qa.:\I.(j, tlutl\:.lp1\ 4/ )';l.1n .ouch 15. ;26'1 06."
uSRt, alona saId uQutarly riaht-pf-vay Ilno, a distance'
of 104.5 Caat 10 the:polnt ot ~Qpinninu .~e tho northe~~t
COntor or the l'"reel1oC ),~I\(l heralll desorihell) Ihaoea ~i(l\1lh
11g · 18' -In" \'l."L. I"'~"ll"l to th" nOl:t.h 1~1I~ of .a1d 1'l,,,,.'UOll
4. " diSlancl o( !10,f~ll: thenoe Bouth 5 v 26' 06" Nentl parRIlal
to ""Jll \/,..j\"ilt1.V d\)ht-ot-VllY Une of \'.he illt.ta.r'Ob~l"t ~Ihb~r""y,
if, dilJt.~HHJ~ {\!i 50 fe~'~-: \l))QrlOtt N(Ht~h 1I9.tl ra' 45t\'R~ut" \J'ip':8.l.1.el
to ll,,' n"tth Ilne of! aili,] Sent\on ~J a dialllnc~ of 3/0fnlt t()
a pDlnb ip ~uid "ent~rly rlgnt--or-voy lInn of the Intra?o..tal
Ilatel:'lIl1Yr thene", HOr!t)', 5" 21, 'Ofi" Earll, alono atiid we"tatlY
l:l\lIiL-Of-V(IY 1\111), a', <11 "t.no~ of 50 filet La the t",lttt of
hr,llllllnin\l
L~Rn ~HU NOT IHCLDDI~O ~lIk rOLLOWlwa ~WHCH]BRb PARCELl
(l,D'I'(( ']1>.. .n<l 31>\
"
L01' U"
1'Hh'!' nll'1' 01' nEC'I'lOH 4. '!'ONllllJllP 4G SOU'I'I1, \lANO!! 43 Il1\s,'r, rilLH
[\\11>..('.\1 (!()\1}I'I'1r, FU'\IJl\~. D1WellIDFD AS I10LI,()WIl. '
, I
C!(IHHIlHr-!: ~'r 'flit POrl!'f OF JNTKR:SRCTJON Q~ 'filE m.S'rl!l\l,l RIGHT OF
WAY "IllS 01' l'liR rN1'~H~M.S'V,', \/hTtllllhY \11'1'11 ). l,)llll 30n, '16 P~KT
!JOUT); Of, Ill~MlUJll!IJ h'I' RIGll'l' J\IIGl,l!fl "0, 'l'llE NOR111 LINK dr !lAID
< I. I
HRC"TON4 t 'l'IlE'~CIl 50~!'l:1l(J'l Ill' 4f, "H. AI,Ulm THIl IJ)\ IoU/in JOa. -I!\
I'KliT 1iOI.l'ru OF 'rIm Il(iJR"lI (,THE QP 81>1:1:1:011 4, }O(J.OO FlIRT :1'0 Tilt
l'i11H'r 01' IlKGllHlJ1IGt l'!'ICtltet: GOWfIliOll S 09"ta' 46 "VI. . 112 Jon l'1!'E1"
"J'H1HiCE: N~ 0 Q' "'1' 1.4,1, H'w l {)3..~H\ PRE'!') 'fHP.lNClt N~ 69 to lll' \46'1'11L,
9:1.ll0 Fl!I~T; 7'II11.NI~E!1 5. 26' 05" II , I.H,l\I%Ll!T. IIH'1l 'rllJ': l>flls't
. ,
11.1 \1\1'1'.01' lfJ\'r ldl/l!' or '1'1\6 11l'I'l1?o.cow'rJ\J., WATlll1Wl\.l, 9-1. ,50 liltllT TO
'fllR SAID POUlT OF 1,TllGIlIHING :
Ih'I' :iOt
'I'IlAT "J\1l1' OP IlEC'O:Oj{ 4, 'rOI[IIU~lP 4~ SOUTH, Mlft'l!; 43 El\il1',
PAW nHl\CH COIHl'!", Fl..o111DA, m~SCll1BtD AS fOI,loOl/fI' !
, '
C!OHlA'!lllC'l! .."~' 'till! POl'~T OF IIITllJl8ECI. 'lOR Of TIm HIIO'1'J.\I\LY l1!OJlJ.'J'
(H Hl'.1 LIllI{ I'" 'I'llll NTRl\COI\STlIL I1hTl'IRHIIY HI'tll 1\ 'LU/l'. td .;lD
l'n'!' BOOTH (\F, MHI>..SI'TRE[) AT f,IGlIT AI/GlillS TO, 'I'IlE flOIl'~H 1.UIl',
01' SA III lJIlC'I'lOIl 4, WIJEJlCE fl. !l. 2&' 06" W.. ^t.OtW!ll\!lll
Wt..f.i'l~ nIGH!'}', Oll' 'W)..'Y tJ11HR I 154 50 FltJl'r,. TlIlHJ0..f: S 00'0 1U 4~)"W,
1'}\!lI\I.I,BI, 111'1'11 TilE fli{}ll'!'ll LlllU OPll?o.ln fll!()'l'J.OII 4, 300.00 pr.t'1'
'('0 tollS POTU'!' Of nl!CjrNIIHlO; 'l'HllIICI( N. 5~ 26'06" F.., ~1\)I1.I;'EL
I/ITH ~'nJl, t111.1I1 ~11!l1' 1POll'J' OF 1ll\Y I,TNE OF THO lNT\\?o.00^I\T~I, ~lh'I'BRhI\Y,
'25.f10 YEE'l'J,,''!'f1I!IICE In. ll9" 10' 46"H" p^nM~I.!lJ, 1011'1'11 1'l\1l\ ~J\I.D
HO\\')'ll LIllY. or 6l!C.1'110N 4, 9<1,75 FJl;Il']', 1"1I~/lCE r. D" 41' ."HuE.,
74.>>6 ~11'r THENCE R. 89D 10' 40" I,. g2.arr PBB'!' 'I'D THI S~XD
POIN'!' OF 11$OINNlIlG'i i
'l'
,':
,~
"
DFr,-04-2002 (WED) 11 55
LAW r--ICES
(FAX)L561 392 1313
P 002/024
Law Offices Of
JEFFREY A. LEVINE, P.A.
4000 NORTH FEDERAl, HIGHWAY
SUITE 201
BOCA RATON. FLORIDA 33431
JEFFREY A LEVINE
TELEPHONE (561) 392-8388
FACSIMILE (561) 392.1313
December 4, 2002
VIA HAND OELIVERY
James A. Cherof,Esq.
Goren, Cherof, Doody & Ezrol, P'A.
3099 East Co=ereial Boulevard
Fort L1uderdale, PL 33308
RE. Dakota Lofts Development Corporation ("Dakota") I City ofBoynton Beach ("City")
Bamboo Lane aceess
File No. 02-710.0
Dear Mr. Cherof:
I am in receipt of your letter dated November 15, 2002, to Gerald L. Knight of the firm of
Holland and Knight. Our mutual client, Dakota, has asked me to respond to your letter. Actually,
Dakota has hired three (3) attorneys to assist it in resolving the issues that tbe City and you have
raised, consisting of Gerald Knight, Michael Weiner and me. It is the desire and intention of our
client to work as closely with you as possible and to provide you and any other official ofthc City
with any and all information that you require.
I am primarily responsible for invesligating and evaluating title to the Dakota property and
the access qucstlOn for Bamboo Lane, I have spent a great deal of time over the last few weeks
working extremely closely \vith officials of Attorneys' Title Insurance Fund, Inc. to establish the
answers to the questions you previously raised, We have l.mdertaken a thorough investigation due
to the fact that the issues that the City raised created some novel questions. As an aside, I am sure
it was not Michael Weiner's intention to circumvent any ofilie questions that you previously asked
or CUllse any problems for you or the City in reg:ll'd 10 his recent letter. JfMichael's letter to Mr.
Rumpf caused you any concern, please accept the apology on behalf of my client.
With all of the above being snid, I would like to provide you with the following infmmation
(and copies of the pertinent back-up data) concerning the street known as Bamboo Lane:
1. In 1950, Robert P Swetlllan and .Loretta T Swctman acquired a large tnlct of land
(including what is now Bamboo Lane) from Edwin T. Osteen. Said Deed was
recorded in Deed Book 908, at Page 241, of the Public Records of Palm Bcach
County, Florida.
DEC-04-2002 (WED) 11 55
LAW ()CCICES
(FAX) 1_ 561 382 1313
f.> 1J1J,,/1J,,4
James A. Cherof, Esq,
Goren, Cherof, Doody & Ezrol, P.A
December 4, 2002
Page 2
2, Mr. and Mrs. Swetman initiated the sale of various parcels of the tract of land that
they acquircd to many individuals, In fact, they prepared, but did not file, an
unrecorded Plat known as R.P Swetman Properly They then commenced a
systematic sale and conveyance ofthe properties by metes and bounds descriptioIlS,
of the various "lots" as dcsignated on thc unfiled Plat. They did not convey the
"strect" known as Bamboo Lane to any third party
3 On the 31 st day of December, 1952, the Swctmans conveyed certain property within
the arca (including Bamboo Lane) to the Robeat P Swctman Tru.st datcd December
31, 1952. Said Deed was recorded in Deed Book 1002, at Page 691, of the Public
Rccords of Palm Bcach County, Florida.
4 The Fund cannot find any indication that the Swetmans or Mr. Swetman as Tmstee
ever conveyed the property known as Bamboo Lane to any third party
5, J amcs Hager ofRager, Palbicke and Associates prepared a sketch of sUlVey and legal
dcscription which specifically shows Bamboo Lme and indicates that said street is
contiguous on the southern border to the Dakota Lofts' property
6. In 1970, Palm Beach County institutcd an action (Case No. 70c2933) to foreclose
and/or quicttitle to numerous streets in the area because of a failure to P'lYtaxes. I
am enclosing a copy of an Order entered by thc Court on May 28, 1970 which
appears to establish that matter.
7 M r and Mrs. Swetman, who were residcnts of Florida, passed away many years ago.
We havc established that Mr. Swetman predeceased Mrs. Swctman. Mrs. Swetman' s
probate was conducted in Orange County, Florida, in the Probate Division evidenced
by Case No. 76-1564 Mrs. Swetman had designated the Barnett Bank of Winter
Park, N,A, (now known as Bank of America) and attorney Glenn W Gilson IT as
Personal Reprcsentatives of her WilL This individual and the banIc were also the
final Trustees oftl1e Swetman TrU$t referred to above.
8. For many years, neither the Swetmans nor anyonc on their bchalf, paid taxes on the
propertyknowll as Bamboo Lane. We have established, and we will discuss later in
this letter, that the Swelmans' fiducimies and their heirs mamtain that they have no
interest whatsoever in the Ban1boo .Lane area.
OEC-04-2002(WEO) 11 56
LAW rICES
(FAX)1-S61 392 1313
P 004/024
James A. Cherof, Esq.
Goren, Cherof, Doody & Ezrol, P.A
December 4, 2002
Page 3
We have been in communieal1on with the last Personal Representatives and Trustees of the
Swctmans. They have been kind enough to execute and deliver to us a Quit Claim Deed for the area
known as Bamboo Lane. The Grantee on the Quit Claim Deed is G.A. Homes, Inc., which is a
company that is wholly owned by one of the principals of Dakota Lofts Development Corporation.
The deeds (executed in counterparts) were recorded on December 4, 2002 and 1 am enclosing
certified copies of the recorded instrumcnts.
The tille ofG,A. Homes, Inc. to "Bamboo Lane" is subject to the rights ohesidents and
property owners (as well as any other members of the public) to use and enjoy Bamboo Lane, which
rights may have been established by law due to the historical, open, notorious, visible and
uninterrupted use of the slreet.
I hope thatlllis answers the qLlestions that you have been asking and, if you require any
further infomlation, please do not hesi tate to cont.1.Ct Mr. Knight, Mr. Weiner or me.
Very truly yoms,
rHl-7 c.- ~v~
Jeffrey A. Levine
JAL/ma
enclosures
ee: Gerald L. Knight, Esq. (via [ax w/out encl)
Michael S, Weiner, Esq. (via fax w/out cnel)
Dror Tliger (via [ax w/out enel)
F:\ WP50\Grecnfidd\Dak(lta\Chcrof-O 1
DEC-04-2002(WED) 11 56
LAW r~~ICES
(FAX)L 561 392 1313
llVlAGEOl : FL-02-S9974-2 11107/200208:33:1Sam
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P 005/024
Page 2 of 4
!
'mt8 ~. lito.U tM. /# ~"7 or 11"7. 1950.
Ht...... li'i>l'I1lI T. O:;;~ (tho ~al.o .\U"O'.\.~ =roalll""ol. 'lIl4 """
"O'tlTD a.u4 .aQtlns iU.1-ec-tor o~ !Iet'l~a FAtW" Inc. J fl d,1:JDolvtJd.
, .
no..1c1l!. """'.I""t;ian}. ~ ~.too 1'01" tll.<l ."I'Op"l"t,. ot Bort...."".
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er c:w.P~1" 16aSO, La.. or Flol"1da. .let. 01" 1935'. puty of tluo
;t".t f.Q.1"t. llUd ll= 1'. llMmI:Al; IW<I LlJ=J\ T. Sl=~, hi.
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~... ~t th,(l da14 \)CU"'t1 o:f' th.d ~1;~,Jt. pa:--t,.
:t01" n:n4 1n conI'J'1dar-..a c.1op. or tblll ~W:l of Ton Dollar-It. ~d. othot'"
vaJ.unble ceC8l.de,..t1<>".ll to lU.m !J> lllUld pe:1d by the Dud parH..
or t:P.11 B6COQ4 ?4lt:'t, t.bo :'ea(l~:;,.ti WZl.e~6or lB .horooy Q.cknowlodtt;ld..
htLa EI'~-t.ud, be:rgn.ine.d nnd sol.d to t:h~ oue p.tl:%'t1o~ of tho
aoiogDC1 po.rt.,. thelI' hair-a 4.n4 e.lJ,J.1t~o. t'orovQr Jo tho rollOW1n&
dltacrlDod Innd.. 811;U.a"tQ. ~a :olrul bo1ng .t.n t1w C.;JU.nty o!' Pam
Soach, StA't;o o~ ?10r1~~ fipd mOl." f'nl'"'t~~lIlarl~ <1o::J-:::~1t:e'.! ll..3
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A p,(U"Ool or 1Q.t1Q. in Srlc:t1on 4.. TQtmuh.1..~ 46 Sout.h,
rlange 4.3 Ea6ft, Faa Ue.aeh. Count,., P'lo:t.1do., JIOOl"C
~~1o~~~ly QOD~1bot. a3 tollo~~!
5(I-G1nn1o.s: at Q point: :10 ~e aA~t right or WQJ" line
o-r 3t:nte .Road No.. S (t;~ S. IUgb.woi:lY au. l) at I;l
~1:itnneo of Ql",Z ,['01)1: 80'I.lth ot, moa8\,U"~ at 1"1ght
~loD to" t"bo nOrth line or l1l1.1d Section 4;. "thOQOC
ooutbo~lY alcn~ thb ~4$t ~i8At Qt ~Qy linn Q! Dald
S~o.t. Ilond Iro. 5 1:-0 .. poll1~ in " 11ll(> 519.00 re.t
t!;Qu"th o~. z;)liI'fttJ'1.lN:4 .o:t rJ..e;ht- :wglon eo, and. p:z.rllllol
nth tn-o M:rth 11no of l1n1d SOt:tion 4;: tbt:aoQ cllat.&t"lj
alon; 110..1& !"{tto.Qll~l l1-::t.Q .fl. d..i:J,t.:J;.....:~ CJ: 1'~ i"f;I-ct, ~~e
.01" 1443. to a point ~~r~ tAu WD.Q:t ~......gb.:t; Q(" VlO::/ 11..'.0 o!'
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DEC-04-2002(WEDl 11 S8
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HAGER, PALBICKE & ASSOCIATES, INC.
PROFESSIONAL LAND SURVEYORS
G<<tifio~'. of Authori.",ion L.B, No. 6772
PLATTING ~ CONDOMINIUMS" LAND DEVELOPMENT. CONSTI\UC-nON LAYOVr . BOUNDARY. TOPOGRAPHTC
3850 N,W Bocn fulton Blvd. Suite 3. Bo"" Roton. Florid, 33431 Phone: (561) 3g5~3600 J'ax: (561) 3gS.2237
SKETCH AND LEGAL DESCRIPTION
Legal Description:
A portion of the Northeast 1/4 of Section 4, Township 46 South, Range 43 East, Palm
Beach County, Florida, being more particularly described as follows.
BEGINNING at a point 28554 feet South of (as measured at right angles to) the North
Line of said Section 4, thence S 76027'18"E., a distance of 150 00 feet; thence
N 11016'09"E., a distance of 13.95 feet; thence N.89018'46"E., along a line parallel to the
North Line of said Section 4, a distance of 399 78 feet; thence S 05026'06"W , along a line
parallel to the West Right-of-Way Line of the INTRACOASTAL WATERWAY (recorded in
Plat Book 17, Page 14A, Palm Beach County Records), a distance of 20.11 feet; thence
S.89018'46"W., a distance of 360.23 feet to a point of curvature of a circular curve to the
left, concave Southeasterly; thence Westerly and Southerly along the arc of said curve,
having a radius of 30.00 feet and a central angle of 75058'00", for an arc distance of
39.78 feet to a point of reverse curvature, thence Southerly along the arc of said curve,
having a radius of 6044.32 feet and a central angle of 0011'04", for an arc distance of
1946 feet; thence N.83008'11"W., a distance of 169.15 feet to a point on the East Right-
of-Way Line of U.S. HIGHWAY. No.1 State Rd. NO.5 (recorded in Plat Book 2, Page
158, Palm Beach County Records), said point being on the arc of a circular curve to the
Left, concave Westerly, at which the radius pOint bears N.76009'51"W , thence Northerly
along the arc of said curve, having a radius of 5762.65 feet and a central angle of
0038'31", for an arc distance of 6457 feet to the POINT of BEGINNING
NOTE. Bearings are based upon an assumed meridian.
N9tea:
1.) Elllvsllcns whon IJhown refer 10 tho Na!lonal G~odeUo Vortleal Datum (N,G,V.O,). of 1929.
2..} The W\c:(ff ohQWt\ ht:l\'Vtll', t\llove I'm!. ~n ~b1o\f~e\ad by thla flrm rogan:llng maltera or lnlor&st by ether pcIf1!~E1, such Qt> eElBarn~nlo,
rlghta-oI-waya, rea~rv",(lQno, etc" such Information .hould DtJ obtained and v"rltle;cI by otl1era tl1roi..ll;l'h approprl.:ito tlIlc varlfl~tlfJn,
3.' Thla drawing Is the property of HDJJ'tfr. P"Iblcki: &. Aj'~QC;4'~J lneo aM Wn prepared fQr and c~ll\Qd to thl;t party emdJor PQrt\ClZl
Indlcafed haroon and fs nat tranijforable or ;lsslgnablfl,lt shall not be used or rspro~uced whole or In part withQl,lj written aWhorlzalicn,
4.) All O8liaments shown on lho tU01l::had drawing ~re per Iho rccQrd plot (unleslJ othotwlfiCl notCld).
5.) Thl$ Skolch and Legal Oa3crlptlon dOEl'$ not conilltulQ iii SUNSY,
Abbreviations: ORAlN,.. OSV,INAOI! (1.11
No -AACU!.NO'tll, EASJ;;, "EASeM!!NT N.T,S.
. !J,e,R, .. DROWAAO COUNTY R2COROS ,,:I.I;C, -I!Lf.'CTRIC Q,Ro.
IO) .. CAl.Cl.lLA.T~l) FPI." FLORIDA J>O'Nelll /I. 1,1l;l1iT P.O.
t;.A.T.V. ..o.l:lll!t,\f. (,p "IRONP(P~ p.tl.a.ll,.
CH ... CHOl\D I.P.C. "IRON Pipe'" c,..p PG,
p_ "OF.I.T/\lCfiNTRALJANGlf I.A. . (RON ROD PROP
(01 .. Oi:~ j,R,C. "IRON ROC a. J;:iV' P,Q.f1
~i~" : =~~ l:Aa.el.1i:f1T it.t!.: t:::~nl~,PrJe~NE~~E~!jeMEtn- ip\',M.
L~g~nd:
BIL or ~
C/L or 'i:
- Bsae Un~
~CetllclJ1lna
-IdEA6UR.ED
-NDTTOlJCAl.E
_OFFICW. RECOROS bOOK
..P~TIiOOt<:
. PIU."I i!.EACH CQUHlY f\e:COI\OO
"PAGI!
..PI\OPO:)I!O
.. P6/\MANCtIT CON'1ML POINT
. ?EflMA/'l.!;1{f fl:P.FERENC'c! MONUMi!NT
"I>LAi
1'.0.&,
".o,c:.
".a.r.
R'
'"
RMI
~r;c,
,",P
lJ,e.
UTll..
~ POINT O~ ilE(llNWll>lD
.. POOH Oil COMI.i.ENCj;t.fF.NT
"POINT 0/1 't'EAMINATION
"RAOHJS
"RI;l;:QRP
_F!lO/-lTOFWA'(
"~t:CTION
.. TYPICAL
.. UTILITY Uo8EMI::/IlT
..UTIU'1'Y
~
Not Valid Unl".,
SIgned and Embossed
with the R~i$~d S~al
of the Attesting
Flor!da Rl)91~tered
Profl~&slonar L.'tnd SUFJoyor
Surveyor's Certification; I h.,.bV cerlJfy Ihellhe attac!ltjJj 'Sk.tch eml \.e9al OeSGrlpUc~' Cch\pll.. wllh the 'Mlnlmum Tachn",l
StandardS. forsJ,Jt\'oy' as contaIned In Chapter 61G17..B, FlorIda AdmInIstrative Codal pursuant to Section 4n.027, FlorIda Slnl1Jlflli.
Ih~- - ~~ ..z~~~ -
,horn.. R. Palbloke. Prefe"lonel LMd Surveyor No, 5081, Stel. of Florida
Dakota Lofts Sec. 4-46-43. Bamboo Lane I Datil: 1011712002
-:10.
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P 013/024
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IN nll;'CII\CUrr COUrtT 011 "rill! l'U-rEENl'll
JUl)fCIAI,C;fI\ClIrr OF n.01\1I1A, IN AND ]'011 .
rAi.M.Ot!ACH Cgl'N'l"V
PAl.M BEACu COl.INT\'. a poll'lc.1
BubLlivisjon 01 the Stat~ of Florld~, '
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ON 'Fl;!/l'A1'1'!CGHEP)tE'VlS'ED ,Exfrm~~' ^~...'.
SPE.GllF.'I":w:. Y 'EXCWDlNG l'tX CE, . F-tl;:-!>TES
FEllt,~M1l'e~Q~. 3Q:lO;-'3031; ,.3032' AND
3~27.,.lYfllClf'AiUi ~1:al> wrrnll'l 'i11a.cm
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I:l~S,,^I.so FILED MJ:ANSW1m".~:' . I
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Th19'~,U~ ~millit on .(ot'. Cinal h~.~"c-in~ i1~..j~}p~clrl~ t<> tht: C~.;..r(
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tJlpt ~n~ Bi'U -Q~o,tn~~10~:i~ du1y fU<td -by. t~{,,';Pht+nr.tff M:reln;,n't"'~ 26~h,. ~
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. "':t.~ ,-,,-,,7",('- - . ~ ,,' ,~. - ,
ttnd~""[hal: ..rU P~edJng~hD~ oi-"7ti~err In "thf!;J cause-'ba'l(; beeR to:ill I .
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.ce;opccts ilJ (JUI::' t;;'rnph.1QCQ',wlth .;In app-llca.l:Jlc prOvlsions-Of.jI1~", ~nd. IlIX)!l'
,', .,
con~tqcr.ttl0~(heI'COC 1(1':1 ts...hc:.cby ...
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ORDEltl;D. ADjIJDOE1) nnd nJ;G!'.SED.. InUo",.;
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I. 'Thar t6C(]cfuul1; l1cr<::'tofQX1: .entc-rea in thl.,s ~U&e 00. ~nd the ~same
- Is h~TCQY rahficd. approved, and confirmed in .all-respccta wlllu~ve:r. .
.2, That thl=- reI: l3implC title In and. to the lilnds described ilnd Usnid
~n E:=hib1t "A'! {llCt.a.c;lled hereto .and IP,i]de-.a p,art hel."t:QO. lying and king in
r.ilm Beach C9untr.1'1or1da. 'o-wl~
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DEC-04-2002 (WED) 11 59
LAW OP"TCES
(FAX)1_561 3921313
P 1I14/lQc4
b<;. :lmJ the.' ~l)m~ is" hereby JL'cn..~:a to 1:)1.; a.b~'Olur~ly Vl~~'d~!n-PQ-lm-o-fle'1lelt
C:OLinr.~' nOl'jl.!~.. .ami ~H..tl.ii[h...' jn s:\Jch Counr\' b4'. 3m! rhc.-l-M.unL' III hC"r('h)'
fon::vl;r quict-('~l. c('nflrmt,'I.l, .1nc1 SI..'t.oJ[ tL"'~=!pil'f5t""lm cl.::l!..Th>:. .t11~1 il)U.'J'l'H[Fi:
fa"l-medy h01d b\' .;HIV of the ~l'fr:JJUll'nt:s. in [hi5 C<llrSt',
.J.. ....Atl..othei...J.n~ds:iu~l&.lO~..{~.th~ n1.Jl--O!-C~~pl~'lri(':1I}l.i'N(lric(' ~H'
lj\i~cnuse-J;l\lt'nlX hcrcln.1WyG"TJ~'scr.ibl;Ji (t~hiblt ".1\"), IJnQ ::ilso aJLl.wy~
. \'
srch:kel1 lx::cauSL- of n'4.:mf.l1l;1n~ 'purch..1St..... .01" 'r01" O[het' CllUSe. bC".. am,l thL'
$o.,;nt.,"..<J.I't. h~'I'!=by c.XPt't'S'sly t.d:~fuJe-d..ff'OlT).~hr:.~Uirm~am.1 ~rovlsion:;"'()t tj)fS '
-vimH JuJr~'~ .. I rl- '- lamlt>m.: hc'rcby nl.!'vC"m~~' 4i8rht:;~d rrQrn'thJ~....
t;pl.L"~.
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rr '. ~ .J' ..i" r' - ~ _r .._
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7 ~~~~i-ii.';a~OP-oi~(~gmbf:r:a 392B... .803q, 303J. 303,2~"" 'Join ,
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and mx ""ri:!flcaw,,"fJr 1900 nurnpereJ :!OS [h,:,"&Jl Zl8 ~nd.:if4-thrQu!:h :2>>4'
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a1~ not'iIlc;lttclerJ within thh:\':inill JIl(~menr bC:l"')fu~ I)miWCnI hn"C: bec~:Wet1
and'~ '['rlnl d~.[C""'fl:~. r~c 5t~~ll(fht-i~C'9c";;ft~n;I:es. is #$utJt~ t~
dcr;ennfnntlon by thIs C"OUf[.
-6& 'l"hat uaril chl: =tbove de~rlb::d Landa arc sold by {he PI;lintlff and
. -
rC~l,1rncd [0 privare ownertlhlp. the ~me st:l.llll nor.be 2.o$CSSC'd fOr t:.1X~s.
nQI' t.nCl;6 l:!-f1t~red upon rhe ~SSCGsment: roUp. by [he .Plaindt! at <.Iny
mu.Qlclpalicy hanng an Interesf (n the Slltne.
- 2.
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OEC-04-2002 (WEOl 11 58
LAW (,~-[CES
(FAXll-561 382 1313
1. '111e COurt n..>talrtH j-urhM,I\~(iO'n o-i $f1h1 efl~st.-' for [nt." pV'll9~I..' of
- . .
hlllking co-;~r;.tfO.nli of 1....ITQr1i Or di~Cf\.:p...ndC1') 11'1 t1~'Iil;J"Ipt:ion'il: .loLl [01' rh..."
purpoSl' qr]lTSinl!)$fn~ rl-Ofll Sil.ld Cn1.lf>l". JIUY lands on whiCh t:lXI...., shilJI h:1vt,.'"
tx.-cl1.p."'lltJ J1f\:t~toforc-\lml which U1r..ough jn:ujv.l,,'({,,-nc:r.: or 01njgsfon hnw.> nor
wen cxclutll',,!a-trorrt.0P'~JX-';mlon of rhls }ud~~(."m:.
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DON" J\Nj)'OI\Dcl~1) in (~1am\x.-.ro or Wosr1'nlln_UcQph. Florid". th,"
4 9.: ~ay<!.( ~ 1971..
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. - ASSESSED J\/':OlJUT
DesCJ>-:P'TIO>' O+-.!'HO?~R;,r ~~..YM.\)R OP eel!!:.
t:ortq. .Roa.cl..1 Sur!" .Ro~... CQquin4. .
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,(Ya~Q.t. &~1n).. $ 20.r gr1"a.~
~*fIo>1~ 'Chul<l<er Jl9o.d)
,b1n(> ~~o<,n R T/-... hn. of: .st
!<4 Ii 5, I'< " l'p\.n t )50' 11 ,,1: 'eanat
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.:rJ<1'. ......, Rile: 112 '.
ASSEss!:o Jlf I1Al-re OF' f:.Orlda. .
Il""'c !lev, Corp, 4 l300, 00 $ 24.;>1
.;. ... .
5/,}ijT"9-~ V17' or S ?:17" Of ~ <;>l"Traot 4-" ....~ - .
>lObo. !.AND Co SUI:. '3ee; 14, r>,p.4J},
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ASSl;;Sl;El) l1f lIAAE,OPt., 'I)onald G. Lons: $ ),00.00;: 4 82
~ -~~--;
~..Ft. en.sa:nimt along W line Of" .Pl.A'I! - -
CHlJRCH. CIR<:l.ll, "" 11\'1'B 24 P 154
1\SSES'SllP III 1/Al.lS 01':
K~ .. Riv1o~~ Co.
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LAW OP::ICES
(FAX) 1 561 392 1313
r' 1(110/11,,4
PAGE 3
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YEAR
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6/30/58
Qi36f59'
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ASS:!:SS&D; III NAMS OF: .
-.BUnker Ranch"1folnto~.. -:rn~. }. ~.20:OQ :~. ~r
~:n!JQ2 "ti132?
DEC-04-2002 (WED) 12 00
LAW 0'~lCE3
(FAX)1_561 3921313
P l'J1 !/l'J<.:4
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D~C-04-2002(WED) 12 00 LAW r --ICES
Hx Uate/llme NUV-ltJ-"IjIj<'"Hl) I ('ljb
11/15/2002 16:59 9545775111
(P.u. I of 21)
(FAX) 1- '561 392 1313
ASSOCIATED CP~DIT
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. B2-263S!i4
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~N 'l1R" I;~c::un COllR'!' OF THJ;:
NIN'l'lI J=~M. CInCI1Z'l',
OAANall: COONT>', l"r.OR:<DA_
P~B^~ OrvIC:ON
CASE NO. PI' 16_ /5''(
IN Illi:; 1'1~'l!l'"'' oJ!
LOIlE:'nA 'l'. SWEl'MAN,
UCc:'l:IiUia".
"
PET'l''!'ION Foh ~INrS~'l'rON
~be Pet:.itiQn"~Cl nARl'fET'l" SANK of Ii'~Zl:lt ltAft!C, N. A., .toma~lY
,. r~n'C ~4tion.a.l knk A't. W.tnuot' Pdr}e, Q.Il~ C~EN' W.. GILSlJN, II a.l~C1~a:
,
(.
,J
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petitioner. ha\"e: .cul 1.nt.ftJ:'Ost. .1n i:ll" ~V'6 estats li./J
~.::: ~.." :"', ~ ..
:;ee.:L\':,tQnB~. IiAm. olll1d oddress arc!!; 250 lIA!t'lc AV'A,n.U~,. S,
"
!'la. 327S9 /l:ld. "oJ. 1I/JOntlJQme::-y Dr;l."e, Mlaml, r'lA. ~3:1Sti
CQ"~CC"":tCl:~ .
"
Wi.nta~ park...
etncl r;J10 J1.:l1'1111 Aod adt!rall.& of' :rl!t;.1t1.onf!l't: lI:c'cu:ney axe .~ set .forth At
tbe U~~ of th~B Petition,
2... D~C"t:de:n.t... tO~'.\'1'^ ~.. 9W'.e.~f whose last: known ,sd:d:re:SJII
w.as: J;lO Sy,,-vA.I1 J)r1VQ, Wint.er Park... ~1..1.. 19.10<1 ~.n occacer 1.4. 1916 at:.
'"
~~ W~te% ~Arkl Elor~da, And 4C t~e tjmQ at death ~eeee~n~ WAS dcm1cilcd
,~
, ,
l'--'
"l-
,
in ~intor ~4~~, O.ang~ county, ~lo~ld..
3~ Rn ~A~ A~ 1~ ~nawni th~ n~Qg of t~a bQn;f1ciaries of
ttn1s ~6tA~a, eheir nddreDtoa Jn~ rc14tion$hipB to deae~nnt, 8~O:
~ MaM/J~ ar:r.>.TrOl/Sllt1' flO:l
l<I\ll!:l'I AJlo.m.NUR 300 OantU. 1l1,,4. t)/I\lg'htflr 30
~ow O~l~Qn~~ La.
ALIlIlR'!: '-'. '1IUllN!;R Woa~ln15~er ~gWB=Q )jI~t.1ler SS
70 L\Jce.rns C1.r~le
O~!.a:Jao. .I'll.
4. V~"u.,,~ ~~:l.ll prc~Qdi~9 ~~ !.n thie "oun~ bQ!;~u~~
4~Qo6an~ va~ ~ ~c41dopt p4 o.&n98 COun~y, ~lo~L4a.
S. BJ>JmJO:'l"1' BlINK OF Wl:N= J:lARX, N. ll.. Md CU~ If. =SClII rt~
ArQ en't1.th:Q ~o prete%'ct1~e- ~n Apfi'Q:1.ntml!lnt:. A.I!I" Pe..ri:lClnCl~ !\lJPZ:".QD.tw.i=;/.v.", W
0)
hecaUVd thny Ar~ h4mQ~ ~n th~ will.
j.~.1G-
7jD,7
P 018/024
p 1!J(Q:.:5
PAGE 03
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DEC~04-2002(WED) 12 00
NOV-19-208~(TUE)
LAW r~ICE3
13:12 L~~ OFFICES
(FAX) 1_ 561 382 1813
(FAX)1 561, 1313 P 004/01~
P 019/024
!L~ <2- /3 5'-
II~ II ~ Imm II Imm~11UIllII ~mmlllll
v~"(l~n",,),1tl;1~J'f"T01
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.lineA I!~~~ll.. lr1Q~;l.d.a JJ4)l
12/04/2002 09:29:14 20020&34483
OR BK 144&8 P6 0895
Palm Beach County, Florida
I1In 10.00
DOlO 5hmp 0.70
'I"~ l~ol'i.[] Woo
~t1.r.'1' CLAI.~ J:I~
~"'~
TIrIG QI1:J:T Cl:oAIK JJe!tD, 1TI::lIje ~hil1 ~70:-" - ~y of NQV~mberr :liDO:.! bl!ll:.w..",n ~ :.:;'IN \'1.
O.U..~ON II <\nd 'f.lANK Of' )lo.trJI!:RICAj At= l;:'\JCC881010r iD inCl::rl;uF: 1;0 lil.'tx:'1'\e.t.t;. ,lJ;;I.nK. c.t. i.ntc:r
?~t'\;.:. N ..ri.. in tl'lr.:.l.r capi:ldti~3 ~g 'Sl.lccesE:or CQ~Tru!leee.o at th~ RO.flEF-r p ~t.!~:THAN
'rRJ,lS'I' rNPE.N't'USE (!,a~cd DaCel~,=r 'l. 195:: and .;1jjl perl'loOl\l Repre.ocnta~h"~"" :: the
B$TATB Of LQRBTTA T ~W~~~~, O&CSA$~, "ereinntt~r c~llBd Gr~ntorc, G.A,
no~S, INC , ~ rlor1dA ~~rpQr~~~~~< wboae po~~ Qffi~~ ~Qdr~o~ 10 ~O~D ~ -~d~~~l
Hiab~~?, SO~~Qn Beach, ~L ,34)5. called O~~nte~
~l.!mSS1l!'rff
Th~t ~~~ ~r"ntora. for &~Q in con~1Q~rae~on of che O~m ut Ten
Don:::\'r~ to th...lIl in han~ po.id by l;,he Ot'<lntcc, the .r~C'ei~l: wh~:re.o.:t io
aClcn:::Jwled'.ll:d. h.av~ ~l."'ntcd. 'Q~.~ai:nl1::'q ;:md "ell!!. ~o cne G:('an!;ce. ieu Bu-.=e~:::
~o~i9ll~ [o~~ver th~ fol1~win~ de~crib~~ prQpe~ty, lying ~n~ bGi~O in p~-
C<;ll,lnt:y f'lOric1a, 1;0 wit
'I 001
.,.:.n:b't
~ ;.1.n~J
~eaen
J1f.iE e..."Q~rr "'ll.'" J\.ttAOtEIl KRRnO >>m ldAPle JI, .PART I:tIlm.EQF
'l'o b.H.'\r~ and to hold. tho J;::;I.lJ1e t:osethcr wj,t.h al.l tlnd ~inl:!~l ~ the.
"ppurr.Gnu.nc~!;. l;.h~l:'e~n'i:o bolong.l:ng Ol:' in ADywir:::1; *p.p~rtainiD9' a.nt\ aU c:h.c ~<'Itc,
~i~ht, t~tle. 1nc~re~t. li~n. e~~ity and ~~~im ~~~ooover ~! tne eaid: ,0r~,
e1tlL~'T ill. l.1w or ~quity 1:-0. tht!l only propor U8~, ben~:fic ;:.nd behwot; or F>aid
Grp.nt.~\J fo:t:"!,:ver
'[be SuC'~eOdor Ca-TL"\).stQ-eD ~:re t.ht: :!.ilj;J1:. c:rlJ.st.et!l:< of the: O:r,lnto.t' 1::;<:,'"
copy ~f wni~h W~~ ~C~Qr~~a in thr. Publio ~~cor~~ uf P~lm ~each coun~?, ~id~,
in O~fi~i~l RecQ~~~ Doo~ 1004, p~~c ~17. ~d ar~ the Co-pQruonal n~prt=~~~ ,~ivr,c
01; J..or~t.~l\ T :;;'wtloClt1an \MhO died on OC'l!~heT.' 14. ::'$1'6 suhi\tquent to the c.c.::~" l\e.r
bUJ:;h;olr:d, Ro.Qt.3rt P c~tm.n '\;Q whOm :Jb~ W.;l.[j coneinuQu!Jly ll~~-ri~cl ttt tht!: :nc oJ:'
hi::: ~~.oJ.t:h
lH HJ:'1'Nl!:SS WHEREOF, the- sa:t,d i;Ora.nt.O.:i have aigned afii;l :iea1.<;!d. t.llo2l!:'l~
tile t;!:.ly a.n4 year tir)l;"" a,bO'lrC writtl;n.
Si~ned, ~~~l~d &DQ dQliv~~ed
~ ~h~ prea~nce oel
~!::,~~..
1st WJtn~~~ CignGeure
2~ I'li,ltl"l'O'"MllI Pt'~.nt; NR/III;
GLI:bf.N l<I aI.I,./:iON J:J:. Co-T>:UiJtr:l,: ,i:- 'the
~obe~ P. Swetman Tr.uot J:nci~r .~
date~ Oeecmbar 31, \952 ~n~ ~~:~on~l
Reprol:~nl!.!It:iv~ fot" l.Orat.\;.iI 'I' J.;.1\\...n,
ne!:C:~.;l..1e:d
),do.:ooo
l~e W~tn~~~ Prin~ Nam~
2'W ..1). t.l1epo Si9nl\l;\lr~
HANK o~ ~eRlCA, a~ ~wcc~aa~~
J.n.tte:l:J:uc co BI1:t"ne:t;:t Bank ~t
rnrk, N.A... CQ~Truat.~~ of th~
P $w~ttman Tru~~ ~ndcnturo j~
~~~~<:r JJ., :'952 tlnd P~r~::;nn,)
Rl:'::proc~nl;...tiv~ ft:or L==-t":r.t:l T .,.
Dlisl::,=:..;:;..d
"
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1
,
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Drirn: l'H\ml!}, ,..' rk'/ to';..~ ~~ifl!~<<.~--
Tiel!!:: ct.';::; ~ u" i.: {", --: ~ ""~~!i,,-t- . "
Add::t"e.::::c.~ .-..3..:?... /......',:,1/ ,'..:....~ ,L..JI.:s.~L"C--
..t.(.'J-.Y!....., I"-""'L"f-r-_~ ~':,...'?!:+
DEC-04-2002 (WED) 12 00 LAW 0--rCES
NOV-19-2%2iTlIl') 13' 12 LAW oFFIces
(FAX)L 561 382 1313
(FAX) 1 561 3S.. 313 P 005/@]4
P 020/024
BOOK ! 4468
PAGE 0896
r:'f';:'1'~ Cor-' f'LORlOA
COIJNT'f C~
'['he J;1:;:q:~'Jl;J.:i.n9 j,n~t::rumQ:ne wa" a.[;knololll:~9.er,I b~torc me t:hia _ !Ji~' Q.t:
t\1Qvnj~l,;:::, 2.00,0: by Cl.iEI'TN \II Cl:LCO.N' II, ~s Co-'I'rtultae of I::.b.e Ral;lcrt i' :;. Ictma'l1
TrU&JL Iudl:lC11:.l,U:'" olat;ed Dell::I!JJll:lI;r J11 l~li~ ~nd 1'1::< Pf'll:"lfI';Il'l~l R.epreae11.e.at=:. ''-: tor.
:r.I;l:::-t=:tt;:l r S\JElt:1l1&rt, De.C''''''':.>ed, wht;)~
1:; pe:rOQn<:l.1.1y )mown co IDe
P,:,odw;::ed
as pllol::.o lclcnt;~,'f.ic...t:).or
Nol;....-y pw.lic., St.a.t.e ar 'S'~Qr.j. ;.,.,
:P:r:1.nl: N;.mo
lily COIlUlll~~iCln ~:l.res
STf,TE OF n.O~'7'I':
~OITN""{ nF <Y h f'I{ .I. ~I .e......
l'hc farl::!go1ng Jri)a ~rum~D.t via;; .p.(!,mCW1$d.g-ed hef5l:r~ me I:hll:l :).1 ,~~~. Qf
NC\'Il'lI\lb~rr 200::,.I;ry r::g 712ftl ~ N. E'fJ..; k~ d:J ~.$.!.l tJJt:Jl pr?'"t:... (.~-
of ~?tlK OF J\MJ;RICA, laG I!:U":l;e:.SQr' in inbl:u"edt. eQ t:t..ml;:"ct; !l~nk o:!; 1'1,-:.r,t:IC~- P;::.:l\:.
N.A.l i::!. 1C!l capacity (1" OQ-'1'xuacl!ll!l o.t! I;.b.c;: .R.obcct P SWil!ItllWo.o.l TA1IPt;; In': 'll~l.l~r;:
d"'ccd D~eembe;.I:" 31. 1952 and ill! porJ;:Qnal R~;rrcCle.nt~Civc tQ3;' !.>oret:.t.L1. T S....''''';:.lI\.:!.fiJ
Clc,=o<.lst'!JI whQ cX:J:cyl:ed. Oaml:: an .benali of the: corpQ~.:1tiDn :md who
,,,{
ia peraon~lly ~wn ~Q me
produced.
IUI phol:Q idc:ntitic:atiQO.
( I
....'.;......., CHRISTINE A. KI??
/Pl.""t;.\ MY COMMISSION' CC9iOI90
.::~. i EXPlfl,ES, Me".12,20(14 .
\:J.):~'f~' aona~[! TflftJ Notary Public Undlt""rr\.~
'.., .."
c ~~, 0: A- J-:_~
Nota.l.,- p ~;lQ, SCal;a u.t l"'.l.QTl""l T( f--.J
c.... \'" tZ, <; Ii ~ \1\.....-r-.....o,.o
P.rl,n~ lilA!lIe V ~,
My commi80~Qn expirc~
lr I \W"511\G~'~ (ielcl\~lo;otn\QCl:t
DEC-04-2002 (WED) 12 00 LAW ~--ICES
NUV-I~:h::.l*JcU~lt) I:": l~ Lr vrr.tLl::.:)
(FAX) L 561 392 1313
P 021/024
I.n-lAJI :..Jl)\ .;)\
"'"
t' <:I1;JV/l::'11i
BOOK 14468 PAGE 0897
Dorothy H. ~ilken, Clerk
exllibil:. \lA"
Lesal Daoaription
~ po~tiQn of ~he Northeast 1/4 of Section 4, TOWh$hip ~
$Clul:h, Ransc 43 E.::t.~r:. P.;iJ.fTl EEl:iA.ch County. l?'lorida, bcir:=
mo~e parti~ularly de~cribecl ~3 followa
D~GI~TING at 0 poine 2SS S4 reet Souch of (as mea~ured ~
=ight angles to) the North Lino of said S~ction 1i Chene
S 76 27118 liE. I a dictilncc ot 150 00 ft::et:; then,-
N111$'05.l'lEq ;:l di.ot.:mc:e of 13 9S feet.; thp,nc:,:
N 0.$1 lS 14Eil1E . along ~ line :p~;t;"<;lllel to the l-forth L;i,ne c
e::nd Section '1, 0. di$t.!l.:p.ce of 399 78 fE;l.et;.; then~""
s OS 26'OGltW I along 21. line paral1l!11 to the Wese R.i9h::
of-WCl.Y Li.ne of the In.tr3CO,'!l.f:lt:~1 Wato:t'W~y (record~d _.
Pla~ aook 17, puge 14A. ~alm Beach County Records),
distance of 20 11 feet; thence S 8~"lB '4611W , ~ diotJ.n;;
of 360 23 feet to a point of e\lrv~1:1.1re of <l ~j,r.cul;:
Curve t.o "the left. concave Southeast.erly; I:h!!!nce Wester i._
<:ind SO\ltherly ulan; the a.rc of said CUrve, having
r3dius. of '30.00 teet aI'.ld 0. Q~ne:"Q.l angle of 75 S8 I 00 I'
fnr ~n ~rc d~~t~co of 39 78 fee~ to n point of r~vers~
(:llrvature; thence Southerly along the are of a~dd cur)"-=-
h~vin9 a radius of 6044 32 feet ~~ a oentral angle ~~
o 11'01". for an axe d1acanoe of 1~.46 reet: chanc~
.N 83 OS III UW~. a diotOP1;C of. 169 1$ fact to iJ point :::"
cne East Ri9ht-of~WQY Line of U ~ Highway No ~. St~~
Rd. No 5 (rec:orded in Plat Book 2, Page 159, Pl1lm Be~;:;..
County Recorda), 5~id 'poine l:il;:ing on cho i;l,rc of
c:ireul;\r Cl.U:"\fe; to the Lef~r conCave Westerly, at whi::..
t.rt", J;a.:l.ius po.in-e l:;lears l'l 7S oS' t;il uw ; tohenoe !>JoJ:'l;he:r2.
along the arc of caid curve, havins a radius of S76A.~~
fr;:e1; and D. central angle of 0 3S '3111, for i:m aJ:~ distanc-
of 64 57 feet to the FOINT O~ BEGINNING.
B'\ \llPsn \i.reent;!.e.l,d \Dakct:;;a\it.llrJ;IQQ-I..ef;jlll....pd
S'.,'"\'; OF \'LL)f\\u/\
COllN'\'f' "" . .
PIILM aE.l<~ artil'j Ihat 1M joregQI~~~e a
I Mre., C JlL\!).o record in my 0 ' ~
. we toP'! '-.) ~... ....:;::..,,,"' . 20_
1hls'::L0a. Yol~i1'I~K W\LI<EN
OOF\ .
ClarK c\rcl,)l\'?t~,
~.~D ",.'
IN ,..",..,..
DEC-04-2002 (WED) 12 01
LAW r ~~ICES
(FAX) L 561 392 1313
P 022/024
.~. '... ...........,......../
.......,...
."., +...........
"'N"'.......' ....
, ............~.... ,,,
we t ~:JL.
1IH1 II a III ml/IUIII~ /1111 ~ UIIIWUIIIII
II~PlULKD D~ )j1tllmTUllN' TO.
lr..'l:~~y A. Lw'I-i.m.., Illq:.
.DDII tf. "lIdlt~Ll. ..iOh_,y
~u.it.. ~Ol
1100. .lI.I.l:;C1tl. 1'I.t.It':l.o1a :1:1,,1i
12/04/2002 09;~;14 20020634484
OR BK 14468 PG 0898
Palm Bea~h County, Florida
AMT 10.00
Q= aLA"" ~""" Do" Stamp 0.70
".l."B:J::l Qln!t' ~ 1l~. mad.e l;ll;!.O 2'i r;t;l.y of NOVl!!lmher, :1002, betwee1:l GLENN W.
O.!LSO~ .l:I ab.d B1I.NK OP ~R,IC;\. -tl~ Oiuc:c:ellf.lQ:t in in~~rc.ot to B~UIlC't.t 1;!anlC of i'i1nl:cX"
P~rk. N.A. ~ cheir ~apAcitiec ~g SUQCQocor OO~Trustees of the ~SKRT p 8W~
TRO~ IUD~ d~~~4 Oe~~mbcr ~l. 1952 and a~ pcraonal RcpreOQn~aCivec o~ the
~TATE O~ LORETTA T SW~MAN. DECEAS~. hereinnfccr c~llecl ~r~ntor~1 nnd ~.A.
BOxzs, ~~.. ~ Flg~~Q~ =orpQ~~~g~, whc~e pooc Qffioe a~eQg is 3c~a 3. Faae~~
H1g~w~y. ~~co~ Beach. EL 33435~ call=4 ar4n~ee.
T~ l"a~iQ jig.
~~~~Trr
T~c ~he Gr~n~cr5, tor and in co~iOera~ion of the DU~ of Ten {SlO OOl
Ooll::l.l:0 1:0 th~ln .:In h4ind. pdd. by t:h~ Orant.ec, 1;1+0 ret:'ei:pt. whe:.reo:::' is heroby
..d}~owled!acd. naVe 9r~t~d. b"'''ga.i:ced ani!. ;;:Qld t/;'l 'the Grantee::, ita lJUcce.n~Q~~ and
.:lMigzu.. for~ver . the:: faUQw1c9 daccrihed l;1ropercy. ly.i:l:l9 .nd l:.t>;l.~9 in .I?iJ.lm SC<lch
CQUnty Floritia, to wi~
SU xxn::rm:'1" --':"11" AT'f"'CIIED 1iJmE'rc J\Ntl WWJ: A IIAR'r D::II;:RZQl!"
'1'0 have .utd t.e hold the :jlilme t'os-et=ha.r w1..t.!: ..11 and riiD9l11Qr t.be
;:LppUrt.iII11~,"ca tbcrou.c:CQ beloD9.ing or in .!4l-ywiac upperc:a.i:::ring, 3D.d :;111 Cll.~ e~t.at.o.,
right, ticlc. in~erc~t. lien. cquit.y and Qlaim whae~Qev~~ of the 6nid Crant:O~$.
dlthc~ i~ l~w or ~qu~cy, ~~ t.h~ o~ly p~per u~e. bcnQt1~ anO ~ohOot of the D~id
Cr:m.eeq [O:t"~vcr
The ~UeOQDDcr eo-Tru~tees A~~ th~ las~ tru~tmQQ ot ~he Crantor t~~t. ~
Copy Q.:I! Ioth.:i.~h WlO\:# recorded. in t:ha publ:!.o ~Qcord.l!I c)f P~lm Beach county, li'10ri.Ia.~
in Offieiol Reco~~~ ~oQk 100~, P~ge 677, and ~ro ~~ ~Q-PorsOnal R~pre~c~taciVe~
or :Lorette. T $1oI't:.cman who q.il:Q Qn Ol:eoh~r 14. 1~7G oubocqucnt to the deal".h <:>f har
h~~b~d, R<:>~e~~ ~ S~~tmB~ to WhOm che W~G =gn~l~Qo~~ly married ae tb~ eim~ ot
h.i~ d.elleh.
!N WITNRS$ \fflBREOl:<'. the oald Gra.::ll;o.:. b.avq a:l.gm:r;l ~d. sealed t:.I1e;cD p:rl:::ilent5
tb~ d.y ~d year !1ra~ abcve writt.en.
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Roh~rt Swctman rru~c IndentUr~
dated ~Q~Qmber 31, ~~S2 qnd Peroanal
ltopreticnbti,ve tor .I.or..::tta T. S1l/'~tmi;ln,
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R~prc:ieDtative for Lorl!tt:i 't' .9wtt;mAn,
Dec:t!.:!.!:ed.
2nd Witnesa S19natur~
~~~ W1enos~ Print Name
By.
:Print Name:
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DEC-04-2002 (WED) 12 01 LAW ~-~ICES
(FAX)L 561 392 1313
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g~~ O~F FI;.9iF~ f\ ' - blJ-t.'),;;,
The fora';loillSI in:;;cru.mcnt wt\~ aCknowledgea before me thil'l ~ L' d;ay of
~OV~mb~r, 2002, by C~~ W. GILSON II, ~3 eO.~ruBtee of the Robe~ P Swetman
Truce IndonI;,U!:,= dated tJece;mbcr J:l., l;lS41 and aE: Ferc.o.l:1.d. Reprcocncat:ive Eo':"
~o~etta T Sweem~t Dec~ll~e~. ~ho
? i~ p~rLloually UOWtl. to ml;
(1 produ~~rl
as pbo~o ~dentitic~~!Qn.
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NOCit.ry Public, St;ate at. F',1.or.i.d~
~i.:.Frte.'f K.lJ-fH:
Print Name
~y ~Qmm1Q~ion ~t~~~
.,,'~';..:j'.~i;;"~ j.~HrC"1 Korr _ _.'"
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STA'rF.: OF F!.iORItIA.
co~ OF
Th(:l fort:!:going inEl'l:.~.lrtment wac ai;JQ.1Qwled.gcd b~~Q;:;-e me I;.n1s ~ day of
November, 2CC~, by ac
of SANX Otl' ~R.ICA, !(!.:;. :Juccecgot' in int;e:t;'t==:;1; to !io.l;ll.cr;: >>tmk of Winter POl.rk,
1lI.A.) 3.n il=.a etl.pucit:y at;: Cc-"trueee:e of the Roblltrr:. p SwctrMD. T'ri,1f:!: !mtentu=e
date4 DQccmb~~ 31, 1~S~ and aa ~e~~Qna~ ReprCDC~tativ~ tor LQ~e~~~ T. SWctman,
OQc~8s~d. who e~ecu~e~ ~amc on ho~~t Qf e~= ~grporat~on and wbo
i, personally knOW"ti t;.c me
prl;lr,luCl;:c;!.
,10 photo it;lc:ntifit:B t.:l.on.
Notary ?ublio, $tat.p, of Flo:r~d~
Print Name
My ~ommi~~1on oxpire~
FJ\ijP~O'Qrg~ntl~ld\ciAkotn\QCO
DEC-04-2002 (WED) 12 01
LAW r-ICES
(FAX) L 561 392 1313
P 024/024
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BOOK 1~~b8 PAGE 0900
Dorothy H. ~ilk~n. Cl~rk
Sxhibit "AU
Legal DQg~ript1on
~ po~tiQn of ~he No.~he~s~ 1/4 of Section 4. Townohip 46
South. Ranse 43 East, Palm Beach County, Florida. being
more pareicul~rly ~eacribca ~s follow~
BEGINN~Na at a poin~ 2a5.5~ feet South of (as mea~urQd a~
ri9ht angles to) the North Line of ouid Section 4; thence
S..7o.2711eI1E, a diot.:l.nce Q! ).50 00 feet.; thence
N 11 16'09IlE., a distance of 1.:L95 feet; t:hen~e
N 89 l6 ''';;6111:; . along a line parallel to t.hl!! Nonn !.i:tne at
~aid Seccion 4, a distance of 399.7a feet; then~~
S 05 26 r OCl,w , along a line paJ::"al1s1 to the West: Rigl+t;.-
of-W.ay Line of t.he In'tracoastal W9-terway (.recorded in
Plat Book l7j ~age 14A, palm Beach County Recorcl5), a
dist.ance of 20 11 teetj thence S S9-lS14611W., a dif;Oll:.anCe
of 360.23 f....e to a point of curvatUl:'e of a drcular
curv~ t.o t.he left. conoave SO\:ltheaatcrlYJ thenco Wcotarly
and Southerly "long the arc of said curve. hoV'ing a
ra.dius 'of 30 00 feec and a central a:ngle of 75 58 I 00 t.
for &n ~4C distance of ~~.78 f~at to a point of reverse
curvat~~e; ehence Southerly along the arc of said curve,
having a radiue of 6044 32 feet and a central a~gle of
0'11104 II, for an arc diseance of 1.9.46 feet. i thence
N.B3 OelllIlW., a distance of 169-.:1.5 feet to d. point:; on
ehe Eose Right-of-way Line of U.S. Highway ~o 1. S04~~
Rd. NO.5 (r..corded in ~lot Book 2. Pas.. 158. Palm B..ach
Count.y ReeOrQo), said point: bei.ng on tho. arc of a
circul"l:' curve to the teft, conCave Westerly, at which
the radius point:. bCo.::'3 N, '76- OS! f 51uW.; thence Northerly
alons the arc of said ~e, havins a radius of 5752 S5
foe!; 9.IlQ. a central angle: of Q 36'31111 for an arc d1.sr:ance
of 04.57 feet to th~ POINT OF BEGINNING.
1I'1,\WPSO\Cireen!teld\DokotZ1 \~-t.C9a.l. wpd.
""""" PALM BEACH COUNTY. STATE ~F FLORIDA
~fif.~n.~,. \ hereby cartlty tI1at the loregOln9,1S a
~' i . '\~ true Copy 0\ the record In my office.
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'''''' ",,"",,' Th' '\ ""yo! "-" '-
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.,,, DOA011iY H. WILKEN
GllIr~ QIl'r.lj.~.~. o~r1
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wI FER I 4?GIlJ I~
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PLANNING AND
ZONING DEPT
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The City of Boynton Beach
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Po. Box 310
Boynton Beach, Florida 33425-0310
PUBLIC WORKS DEPARTMENT
FAX: (561) 742'6285
www.boynton-beach.org
OFFICE OF THE CITY ENGINEER
February II, 2003
Dror Trigger
Project Manager
Dakota Lofts Development Corporation
3010 South Federal Highway
Boynton Beach, Florida 33435
Re: Request for Record Plat Review
DAKOTA LOFTS
City of Boynton Beach
Ref: I st Plat Review Letter dated 09/13/02
I st Follow-up Response Letter dated 10/02/02
Follow-up Memorandum dated 10/16/02
2nd Plat Review Letter dated 12/20/02
3rd Plat Review Letter dated 01117/03
Dear Mr. Trigger'
This Division is in receipt of the (fourth) revised proposed record plat noted above (including one set
ofmylars), received on February 5, 2003 from your office. Again, we have reviewed this document
in accordance with Chapter 177, F.S. (Land Boundaries) Part I Platting, Chapter 472, F.S. (Land
Surveying), and Chapter 61017-6 F.A.C. (Minimum Technical Standards) and those applicable
codes section relating to the Land Development Regulations of the City Practically all of the
previous items have been addressed; however the proposed record plat needs a small 'tweak' prior to
obtaining any (and all) signatories, Finally, we will delineate any procedural needs required in order
to accept the proposed record plat by the City
TITLE SHEET, Sheet I of 3
A. DEDICATION: Dakota Lofts Development Corporation needs to sign the proposed
record plat as the dedicator [I assume that the comma following the corporation name
component DEVELOPMENT above where the President signatory line is, is a scrivener's
error, please delete same.]
America s Gateway to the Gulfstream
Dakota Lofts Development Corporation, Attention. Dror Trigger, Project Manager
Re: Dakota Lofts Request for Record Plat Review
February 11, 2003
Page Two
B. ACKNOWLEDGEMENT. The Notary Public needs to validate the dedicator's signatures,
C. TITLE CERTIFICATION: The attorney certifYing the ownership ofthe property and their
right to create this record plat needs to be identified, dated and signed accordingly
SIGNATORY SHEET, Sheet 2 of 3
This sheet appears to be complete.
PLAT SHEET. Sheet 3 of 3
D The issue in regards to Bamboo Lane has been solved with the granting ofthe Ingress-Egress
& Utility Easement to the City of Boynton Beach, which was accepted by the City
Commission at their regular meeting of February 4th (copy attached as Exhibit A), The
record plat reflects only a 30' & 20' ingress-egress easement, which is slightly different in
configuration than what was approved by the City Commission, with no mention of the
utility easement part of the "Grant of Easement" I presume that this also is a scrivener's
error. Please have this sheet of the record plat modified accordingly In addition, please
provide this office with a copy ofO.R.B. 14728, Page 512, Public Records of Palm Beach
County, so this declaration can be verified.
The original mylar record plat sheets are being returned for correction/completion. After these
remaining noted comments have been addressed and re-submitted to this Division for final review,
once approved, a field review of the required monumentation will be undertaken. To facilitate this
effort, it will be requested ofthe surveyor-of-record to 'lathe and flag' all monuments and P C,P.s for
validation. If you have any questions regarding this matter, please contact the undersigned at
telephone number 742-6488.
LAND DEVELOPMENT PERMIT/BUILDING PERMIT STATUS
The Land Development Permit will be issued after the proposed record plat is completed and ready
for recordation, which is pursuant to the City's Land Development Regulations (LDR), Chapter 5,
Article VIT, which states that this permit is required prior to commencement of construction of
required improvements. This permit is issued by the Director of Development pursuant to the LDR,
Chapter 1, Article IT (definitions),
The required site improvement plans have been in review for some nine (9) months with comments
each time that require proper and timely responses. There have been as follows: May 10,2002 (1st
review), August 27, 2002 (2nd review), September 17, 2002 (3rd review), December 11, 2002 (4th
review), and February 7,2003 (5th & current review). Your proposed construction plans still require
Dakota Lofts Development Corporation, Attention: Dror Trigger, Project Manager
Re: Dakota Lofts Request for Record Plat Review
February 11, 2003
Page Three
the submission of the paving and drainage plans (for final review), the various impact fees due, and
surety The plat fee has previously been paid by your corporation. Three (3) sets of these plans
(signed and sealed), along with a copy of the approved water and sewer plans need to be submitted
to Mr Ken Hall (Engineering Plan Review Analyst/Inspector) as soon as possible. We must be in
possession of approved engineering plans in order to issue a Land Development Permit.
In regards to the 6-unit building permit (proposed permit #02-3775), the initial review commenced in
November 2002, to which the 3rd review was completed on December 20,2002 and picked up by
your secretary on December 27,2002. This review stated that the project had to go back to the CRA
on January 14, 2003 for elevation changes, to which the City Commission ratified the CPA action at
their meeting of January 21, 2003 Tim Large, the Building Division's Code Administrator, is
monitoring the building permit process; future status report requests need to be directed to him.
I trust that this synopsis will be helpful to you in satisfying those necessary requirements for your
various permits. Again, if you have any further questions, please contact me at telephone number
742-6488.
Respectfully submitted,
\
I
HDK:ck
REVIEWED BY !f{1 -L
J ey. ive~od, PE
Director of Public Works
REVIEWED B
xc: Jeffery Livergood, PE, Director of Public Works
James Cherof, City Attorney
Timothy Large, Building Code Administrator, Building Division
Lusia Galav, Principal Planner, Planning & Zoning Division
Laurinda Logan, PE, Senior Engineer, Engineering Division
Ken Hall, Plan Reviewer, Engineering Division
File
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CITY OF BOYNTON BEACH
DEPARTMENT OF PUBLIC WORKS
Engineering Division
October 2, 2002
H. P "Press" Tompkins, Jr , P.E,
Principal-I n-Charge
HPT Consultants, Inc.
3350 NW Boca Raton Boulevard - Suite B-38
Boca Raton, Florida 33431
Re Request for Record Plat Review
DAKOTA LOFTS
City of Boynton Beach
Ref' 1 sl Review Letter dated 09/13/02
Dear Mr Tompkins:
This division is in receipt of Dakota Lofts' undated letter received Septernber 30, 2002,
requesting certain items of our Septernber 13th comments letter that "need to be resolved andlor
explained." This letter is in response to that letter
Original Comment #3 DEDICATION' Subrnit a copy of the deeds of which these legal
descriptions are taken frorn to corn pose the property contained in this Dedication. Since
all three (3) parcels are written in general language, we reserve the option to validate this
Dedication.
a) In regards to Parcel 1, 1st paragraph, 8th line, it would be a lot clearer if the
description reflected that the east right-of-way line was an arc of a curve (having
the radius, delta, chord bearing, etc) for the 150.00 feet length.
b) In regards to Parcel 2, 2nd paragraph, 8th line; it states "along said parallel line "
Which parallel line are you referring to? Parallel to North line of Section 4, or
parallel to the West line of the ICWW, or parallel to the land described in ORB 915,
Page 286 (which is not identified on the plan view of this proposed record plat);
which)?
RESPONSE. a & b should be covered by the attached copy of the original description
which was supplied to the surveyor
America '.'I Gateway to the Gulf\-tream
100 East 80)'11(011 Beach Blvd., P.O. Box 310 Boynton Beach. Flo.-ida 33425-0310 Phone: (561) 742.6480 Fax: (561) 742-6285
HPT Consultants, Inc" Attention, H.P "Press" Tompkins, Jr , P E.
Re: Dakota Lofts
October 2, 2002
Page Two
FURTHER COMMENT The submission of a copy of the original legal (supplied from
your deed) does not necessarily clarify those elements required when dedicating
property to a new record plat. Bracketed phrasing needs to be inserted when
clarification is required.
e) In the dedication paragraph for Tract "A", provide documentation that Bamboo
Lane is a public right-of-way east of U S Highway No.1, in order for said Tract to
provide legal access to the lots that this plat will be delineating.
RESPONSE. this is being addressed by the City Attorney
FURTHER COMMENT
We will coordinate with the City Attorney when appropriate.
h) In the dedication paragraph for Tract "B", no mention is noted regarding the usage
of this canal (tract) by the adjacent property owners. Since the "Not Included Lot
3D" is located at or westward of the other private adjacent property owners,
language in regards to the limited usage by said adjacent property owners needs
to be added to this paragraph.
i) In the dedication paragraph for Tract "B", how are you going to prevent Tract "B"
from crossing the Not Included Lot 3D, and visa versa? Cross-party access
agreement may be required between this plat's HOA and the owner of Lot 3D
RESPONSE. this needs to be addressed along with the Bamboo Lane issue (e).
FURTHER COMMENT
office for review
We agree; please submit any further documentation to this
Original Comment #12, Pursuant to the Chapter 177 F.S , platting requirements, coordinates
may be used to define or designate positions on a plat and ties shall be to the nearest
government corner, or other recorded record plat, or to a well established corner None
of this is obvious; please establish the significant tie as required.
Original Comrnent #13. Tie U.S Hwy #1 to the section corner of Section 4 via its intersection
with the north line of said Section 4 If the roadway right-of-way width varies adjacent to
this proposed record plat, show the varied widths at the two (2) plat corners.
RESPONSE. the surveyor believes these items were covered on itern 11
FURTHER COMMENT We disagree, no section corner is delineated, and U S Hwy
#1 is not tied to any1hing, The FOOT right-of-way maps should indicate (at a
minimurn) the tie issues to the section line (and section corner) with respect to the
highway In addition, the Intracoastal Waterway has sectional ties that can be
related to
HPT Consultants, Inc., AtterlLlon, H.P "Press" Tompkins, Jr., P.E.
Re' Dakota Lofts
October 2, 2002
Page Three
Again, after the original proposed record plat (and these follow-up) comments have been
addressed and re-submitted (by the plat preparer) to this division for another review, once
approved, a field review of the required monumentation will be undertaken. If you have any
further questions regarding this matter, please contact the undersigned at telephone number
742-6488.
Respe.~~IIY submitted,
;t4Lllv4.~. .
H David Kelley, Jr , P
City Engineer
--
HDK:ck
Xc: Jeffery Livergood, PE, Dir of Public Works
Wilfred Hawkins, Assistant City Manager
James Cherof, City Attorney
Lusia Galav, Principal Planner, Planning & Zoning Div
Peter Mazzella, Assist. to the Dir., Utilities Dept.
Frantz LaFontant, Reviewer, Engineering Div
File
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CITY OF BOYNTON BEACH
DEPARTMENT OF PUBLIC WORKS
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Engineering Division
September 13, 2002
fILE COpy
H. P "Press" Tompkins, Jr., P.E.
Principal-In-Charge
HPT Consultants, Inc.
Executive Court One - Suite 117
2295 Corporate Boulevard, N.W
Boca Raton, Florida 33431
Re: Request for Record Plat Review
DAKOTA LOFTS
City of Boynton Beach
Dear Mr Tompkins:
This division is in receipt of the proposed record plat noted above, received on August 20, 2002. We
have reviewed this document in accordance with Chapter 177, F.S, (Land Boundaries) Plat I Platting,
Chapter 472, F S. (Land Surveying), and Chapter 61G17-6 FAC (Minimum Technical Standards) and
those applicable code sections relating to the Land Development Regulations of the City We have
found numerous discrepancies andlor omissions that will require the attention of the preparer of this
document. Once these items have been addressed, a (second) revised proposed record plat will be
required as a re-submittal for final review and approval prior to obtaining (any and) all signatories. Only
at this point should the record mylar document of the proposed record plat be submitted for City
Commission approval and acceptance.
Having prefaced the review procedures, we offer the following comment on this submittal.
TITLE SHEET, Sheet 1 of 3
The following comments are sequenced in a plan review clockwise, left to right.
1 TITLE.
a) Since this development is a planned unit development, the title requires this to be
reflected as such (LDR, Chapter 5 (Platting), Article V (Plat Preparation and Approval),
Section 1 (Preparation of final plat), 13 (Planned Unit Developments) [as amended on
8/20102]. The suggested title is "DAKOTA LOFTS, A P U.D "
B) The plat title should reflect that this proposed record plat is a portion of the NE1/4 of
Section 4, etc.
2, LOCATION MAP: The map needs to show Section 4 and the proposed record plat's location
within the Section.
America's Gateway to the Gulfstream
tOO East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425..0310
Phone: (561) 742-6480
Fax: (561) 742-6285
HPT Consultants, Attention: H.P'Press" Tompkins, Jr., P,E,
Re: Dakota Lofts
September 13, 2002
Page Two
3. DEDICATION: Submit a copy of the deeds of which these legal descriptions are taken
from to compose the property contained in this Dedication. Since all three (3) parcels are written
in general language, we reserve the option to validate this Dedication.
j)
k)
I)
a)
In regards to Parcel 1, 1 st paragraph, 8th line; it would be a lot clearer if the description
reflected that the east right-of-way line was an arc of a curve (having the radius, delta,
chord bearing, etc) for the 150,00 feet length,
b)
In regards to Parcel 2, 2nd paragraph, 8th line; it states "along said parallel line "Which
parallel line are you referring to? Parallel to North line of Section 4, or parallel to the West
line of the ICWW, or parallel to the land described in ORB 915, Page 286 (which is not
identified on the plan view of this proposed record plat); which)?
In regards to Parcel 2, 3'd paragraph, 6th line; the word "continue" is misspelled, and in the
12th line, the distance should be 89.5 feet, not 89.3 feet.
c)
d)
In regards to Parcel 2, 4th paragraph, 1st line, the word "westerly" is misspelled.
e)
In the dedication paragraph for Tract "A", provide documentation that Bamboo Lane is a
public right-of-way east of U S. Highway No.1, in order for said Tract to provide legal
access to the lots that this plat will be delineating.
f)
In the dedication paragraph for Tract "A", verbage needs to be inserted for the allowance
of those residences located on Virginia Gardens Drive (to the northeast of the proposed
record plat) having ingress and egress and utility access by and through said Tract "A"
In the dedication paragraph for Tract "A", 2nd line, the word "homeowners" is misspelled,
and in 5th line, the word "association" is misspelled.
g)
h)
In the dedication paragraph for Tract "B", no mention is noted regarding the usage of this
canal (tract) by the adjacent property owners. Since the "Not Included Lot 3D" is located
at or westward of the other private adjacent property owners, language in regards to the
limited usage by said adjacent property owners needs to be added to this paragraph.
i)
In the dedication paragraph for Tract "B", how are you going to prevent Tract "B" from
crossing the Not Included Lot 3D, and visa versa? Cross-party access agreement may be
required between this plat's HOA and the owner of Lot 3D
In the dedication paragraph for Water and Sewer Easements, change the wording to read,
"The Utility Easements "Utility easements are not delineated by their speCific use, but
as a utility easement for said purposes.
In the dedication paragraph for the Landscape Easements, 3'd line, the word "landscape"
is misspelled.
In the Witnessing and Signature area of the Dedication, it is suggested that two (2)
corporate officers sign the dedication, those being either the President or Vice-President
HPT Consultants, Attention: H,P "Press" Tompkins, Jr" P,E,
Re: Dakota Lofts
September 13, 2002
Page Three
and the Secretary or Assistant Secretary with authority of Board of Directors, This wiil
require two (2) witnesses for each officer signing this instrument.
4 The City has been developing various forms for the preparation of a proposed record plat to be
filed through the City Attached is a copy of the new (draft) forms which we are currently using
(and will be adopted in the near future), These will effect the language of the dedicators,
acknowledgements, certifications, notes, approval block(s), etc, Please review and change those
proposed plat segments accordingly
5
ACKNOWLEDGMENT.
signature.
This may require modification to reflect two (2) corporate officers
6, SURVEYOR'S CERTIFICATE:
a) In the 4th line, delete the last word "and", as it is redundant.
b) In the 7'h line, change the word "Del ray" to read "Boynton"
7 NOTES:
a) In the 3'" paragraph, 2nd line, insert the word "Utility" between the word "and" and
"maintenance"
b) The symbol for the PRMs does not agree with what is shown on the picture (sheet 3 of 3).
Change either this symbol or the picture symbol.
c) In the 7th paragraph, 1st line, plural the word "place" to "placed", and in the 2nd line, change
the word "on" to read "or"
8. REVIEW SURVEYOR'S STATEMENT & CITY APPROVAL. This needs to be replaced;
attached is City Form V-6 with the suggested language, Please note that Herbert D. Kellev. Jr..
PE/PSM is the City Surveyor and Mapper, and the same name will also be the City Engineer
The Mayor's name is Gerald Broenina, and the City Clerk's name is Janet Prainito.
MORTGAGEE'S CONSENT SHEET, Sheet 2 of 3
[Refer to Comment No, 1 above for plat title suggested change.]
9 MORTGAGEE'S CONSENT' The City's LDR, Chapter 5, Article V, Section 1.D 6.b. required two
(2) officers of the mortgagee's corporation to sign their sub-ordination. Attached is City Form V-3
with the suggested language. This effects all four (4) consents.
a) In Mortgagee's Consent #1, correct the spelling of the corporation, to wit. USA Today
Realtv, Inc.
b) In all four (4) consents, 2nd paragraph, 3"' line, correct the spelling of the word "board" of
directors, .
HPT Consultants, Attention: H.P "Press" Tompkins, Jr., P.E,
Re: Dakota Lofts
September 13, 2002
Page Four
c) In Mortgagee's Consent #3, 1st paragraph, 4th line, the ORB reflects the "#12843_"
presume that a portion of this number is in error Please verify
10. ACKNOWLEDGMENT Likewise, in the City's LDR, Chapter 5, Article V, Section 1.D 6.b.,
the two (2) corporate officers consenting must be acknowledged. Attached is City Form V-8 with
the suggested language. Again, this effects all four (4) consents.
a) In all four (4) acknowledgments, 1st paragraph, 3cd line, correct the spelling of the word
"instrument"
PLAT PAGE, Sheet 3 of 3
[Refer to Comment No, 1 above for plat title suggested change.]
The following comments are sequenced in the plan review in clockwise order, starting at the upper left
area:
11 Show the northwest section corner of Section 4, and all the ties to it per Chapter 177 F S.
12, Pursuant to the Chapter 177 F.S" platting requirements, coordinates may be used to define or
designate positions on a plat and ties shall be to the nearest government corner, or other
recorded record plat, or to a well established corner None of this is obvious; please establish the
significant tie as required.
13. Tie U.S. Hwy #1 to the section corner of Section 4 via its intersection with the north line of said
Section 4 If the roadway right-of-way width varies adjacent to this proposed record plat, show
the varied widths at the two (2) plat corners.
14 The reference bearing noted on Sheet 1 of 3 in the Surveyor's Notes is the North line of Section 4
as being N, 890 18' 46" E. The reference bearing needs to be shown on the plan sheet also (i.e.,
delineate the north line of said Section 4 bearing as being the reference bearing).
15. Delineate the "POINT OF BEGINNING (PARCEL 1)" on the plan,
16. From the "Point of Beginning {Parcel 2)", the call distance of "225.8'description, 235.46' survey"
does not indicate from where to where; show the closing 'arrow'
17 Along the same line, the distance noted "40.0" is in the wrong place; it should be between the
lines noted at the north end as 'Point of Beginning (Parcel 2)' and 'Point of Beginning (Not
Included parcel)'
18. The bearing along both lines cited above are incorrect (missing a #); they should both be N. 050
26' 06" E, @ 89,5'
19 Delineate the "POINT OF BEGINNING (LOT 3D) (NOT INCLUDED)" on the plan.
20 On Lot 2A, correct the misspelled word "Not Inguded"
HPT Consultants, Attention: H.I-' "Press" Tompkins, Jr., P.E.
Re: Dakota Lofts
September 13, 2002
Page Five
21 In regards to the Intracoastal Waterway, delineate the document that the ICWW is recorded (Plat
Book and Pages) in the Palm Beach County records.
22. In regards to those utility easements shown as centerlines of water andlor sewer; these need to
be shown in strips of land and labeled correctly All easements are to be labeled "UTILITY
EASEMENT(S)"; we do not specify them as one type of utility or another Secondly, the correct
width of the easement is required to be shown, most notably the 12.foot (minimum) strip for the
easement. However, dimensioning to the centerline is permitted, For clarity, relocate the
bearing/distance of the centerline of the utility easements lying east of Lots 1 - 8, and south of
Lots 9 - 14 after reflection of the easement bands.
In order to achieve this and provide clarity, you may have to change the scale of the drawing (i.e.,
1" = 20' scale) with break lines in that segment of Tract "B" where appropriate.
23, For clarity, highlight the "tabular data" and show Lots 13A, 14A, 18A & 19A as open space (or a
part of the existing canal),
24 For clarity, show the dimension line(s) delineating the limits of the "20 feet Landscape Easement"
of Tract "A" along the U.S. Highway NO.1 right-of-way
After these proposed record plat comments have been addressed and re-submitted to this division for
another review, once approved, a field review of the required monumentation will be undertaken. To
facilitate this effort, it is requested of the surveyor-or-record to 'lathe and flag' all monuments and P C.P.S
for validation. If you have any questions regarding this matter, please contact the undersigned at
telephone number 742-6488.
Respectfully submitted,
/f//{~(/
H, David Kelley, Jr" PE
City Engineer
'~
HDK:ck
xc: Jeffery Livergood, PE, Dir of Public Works
James Cherof, City Attorney
Lusia Galav, Principal Planner, Planning & Zoning Div
Peter Mazzella, Assist. to the Dir., Utilities Dept.
Frantz LaFontant, Reviewer, Engineering Div
File
DEVELOPMENT DEPARTMENT
MEMORANDUM NO PZ 02-189
TO'
H. David Kelley, P.E,
City Engineer
FROM.
;"\ItJ~
Michael W Rumpf
Planning and zon~'ng D' ector
Lusia Galav, AICP
Principal Planner
THROUGH:
DATE.
September II, 2002
SUBJECT
Dakota Lofts Plat
I have reviewed the above referenced plat and have the following comments.
1. The plat conforms to the site plan as approved by the City Commission on January 15,2002.
2. Dakota Lofts is a PUD and must contain "PUD" within the plat title (Ch, 5, Art. V, Sec, I, 13).
3. The plat contains a private waterway (Tract "B"). The reservation language does not address the use
of the canal by the private property owners adjacent to the canal. Is this an issue?
4 Residents on Virginia Gardens Drive will access Federal Highway through the Dakota Lofts
development. The plat should contain a dedication for a cross access easement.
5, Access for the plat is from Bamboo Lane, an undedicated right-of-way Is this legal acceSS and
should this be addressed on the plat or the survey?
6. Minor comment/typos are shown in red on the attached copy of the plat.
$:\PLANNING\SHARED\WP\PRQJECTS\DAKOTA LOFrS\PLAT COMMENTS,MEMO.DOC
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