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NOA/DECLARATION OF COVENANTS \ \ C , ':--,- (' I t, ~ ~ J \. , \ L~ 0 CJ 'S, -..-- . -- ~ ",Cit"_' E, 0 n Y::;, \) 'Q. , PAL y Architedural Review Committee (ARC) Guidelines Table of Contents DESCRIPTION AIR CONDITIONERS ANTENNAS (SATELLITE DISHES) AWNINGS BASKETBALL HOOPS BOATS CLOTHES DRYING DRIVEW A YSIW ALKW A YS EXTERIOR HOUSE LIGHT FENCES FLAG POLES & FLAGS GARAGE CONVERSIONS GUTTERSn>0WNSPOUTS HOUSE COLORS HOUSE PAINT LAKE IRRIGATION LANDSCAPING/PLANT MATERIALS SECTION 10 20 30 40 50 60 70 80 90" 100 110 120 130 140 150 160 DESCRIPTION MAILBOXES NUISANCES PARKING ON COMMON AREAS PATIOS & DECKS PETS PLAY EQUIPMENT (SWINGS, TRAMPOLINES) POOLS & POOL EQUIPMENT SCREEN ENCLOSURES & SCREEN DOORS SEASONAL LIGHTS & HOLInA Y DECORATIONS SIDEWALKS (PARALLEL TO STREETS) SIGNS STORAGE SHEOS STORM SHUTTERS TRASH CONTAINERS VEHICLES WINDOW FILMS ARC APPLiCATION FORM ATTACHED ALL PERSONS USING THIS MANUAL ARE ADVISED: A SECTION 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310 320 1. This manual has been adapted for the purpose of establishing general guidelines for arohitecturalapprovals and does not supersede or replace the Association's governing documents or local, state or federellaws, codes, ordinances, rules Or regulations. 2. This manual is subject to amendment trom time to time. Also, beclluse of changing circumstances and technologies, , matters prohibited or approved in the past may not necessarily be prohibited or approved in the future. 3. While this Manual is intended to establish consistency of appearance within the community, it should be remembered that because of factors such as location, neighborhood characteristics and proximity to common areas, waterbodies, roads and the like, various properties may be treated differently in order to reflect such factors. 4. As stated in the Association's governing documents, no approval hereunder shall constitute a warranty or approval as to, and neither the Aasociation nor any member or representative thereof shall be liable for, the safety, soundness, workmanship, materials or usefulness for any purpose of any improvement or alteration nor as to its compliance with governmental or industry codes or standards. 6/Gd 69U CON NOHOH ~ 0 ~dLH 900GSiJ!~ Section 10 Section 20 Section 30 Section 40 Section 50 Section 60 Section 70 Section 80 Air Conditionen A. Window A/C units are not pennitted. Antennas (Satellite Dishes) A. Exterior TV or radio antennae are not pennitted. B. Satellite dishes with a diameter of 24 inches or less will be approved with the following conditions: 1. Dish must be installed at leas! 8 feet above the finished floor of the home. 2. Dish may not be installed on the front of the home. 3. Dishes installed on sidewalls must be installed within 6 feet from the rear of the home. 4. Dishes may not be installed on the roof or on roof overhangs. 5. Cables required for installation of any dish may not be exposed for more than 3 feet on the outside wall. All e"posed cables on (,utside walls must be painted to match the existing building color. 6. You must submit an architectural application with a survey, showing location of the dish, to ARC for approval prior to installation. Awnings A, Only retractable roll-out awnings encased on rear of home are pennitted. B. You must submit an architectural application, with a survey showing location and sample of fabric, to ARC for approval prior to installation. C. Periodic cleaning and eventual replacement by owner is at the discretion of the Board of Directors. Basketball Hoops A. Shall be professionally manufactured basketball backboards installed on black poles with white or clear backboard. No roof or roof-mounted backboards are pennitted. B. No portable basketball backboards may be kept outside ofhorne - overnight. C. Shall not cauSe a nuisance Boat. A. Shall be stored in garage and shall not be visible from street B. Shall not be left in water or in easement, or in public view C. Boat houses Or docks are not permitted. Clothes Drying A. No gannents, rugs, or any other materials may be hung, exposed, or dusted from the windows or from the front fayade of III1Y home. Further, no outside clothesline or other facilities for drying or airing clothes shall be erected in the front yard Or back yard of any home. Driveways & Walkwaya A. Surfaces must be consistent with original approved materials and colors. B. Walkways from the driveway to front door; front and rear patios and porches may be considered for resurfacing (tile, pavers, etc.,) C. You must submit an architectural application, with a sW'Vey and color picture or sample of resurfacing material, to ARC for approval prior to installation. Exterior House Light A. All additional light fixtures require architectural approval. Along with your architectural application submit a picture of the fixture and a copy of your survey, showing the location, to ARC for approval prior to installation. NOUOH ~ 0 vw n 900G Cj I cH~ 6/S 'd 69U 'ON Section 90 Section 100 Section 110 Section 120 Section 130 Section 140 Section 150 Fences Contact ARC for guidelines in your specific neighbQrhood. You must submit an architectural application with a survey showing the fence location for approval prior to installation. Municipal permits are responsibility of homeowner. A. Dry (interior) Lots I. 5' black or white aluminum or black vinyl coated chain link styles 2. Must be set back at least 5 feet from front corners of house 3. Due consideration should be given to any easements that may exist. B. Corner Lots 1. 5' black aluminum or black vinyl coated chain link styles 2. Must be set back at least 5' from front corners ofhouse 3. Fences must be set in at least 5' from the sidewalk on the side of the property facing the street. 4. Due consideration should be given to any easements that may exist. C. Water Lots I. 5' black aluminum or black vinyl coated chain link styles 2. Must be set back at least 5' from front corners ofhouse 3. Fence cannot encroach into the 20' lake maintenance easement 4. Due consideration should be given to any easements that may exist. Flag Poles & Flags A. No flags Or banners other than American flags subject to approval (as to size and location) B. Flag poles are not permitted; only brackets mounted to the front exterior ofhouse C. You must submit an architectural application with a Hurvey showing location to ARC for approval prior to installation. Garage Conversions A. Garage conversions are not permitted. Gutters & Down Spouts A. Gutter color must match the fascia of the house. B. Down spouts must match the color of the house. C. You must submit an architectural application with a survey showing location to ARC for approval prior to installation. House Colors A. Shall remain as original colors selected for the community B. You must submit an architectural application to ARC for approval prior to painting. House Paint A. Shall not have mildew or irrigation staining B. Shall not have chipped or peeling paint Lakes A. Irrigation from common area waterways is not permitted. B. No swimming or boating is allowed. NOHOH ~ 0 ~d8H 900G~IH~ 6/t Cd 69U 'ON Section 160 Section 170 Section 180 Landscaping & Plant Materials Submit for approval, an architectural application with survey indicating type and location of landscaping, prior to commencing work. A. Shall not be removed without ARC approval B. LANDSCAPE LIGHTING & DECORATIVE STRUCTURBS 1. Wiring shall be buried and out of sight 2. Transfonners shall be obscured from view 3. Must not be a nuisance to neighbors 4. No trellis' are allowed 5, Water fountains and sculptures are not pennitted C. PLANT MATERIAL 1. Trees a. Type I) Most varieties pennitted 2) Fruit trees are approved with the following conditions: a) Must be planted at least 10' from property lines b) Shall not be a nuisance due to insects Of rodents c) Fallen fruit must be picked up. d) Shall be well-trimmed e) Shall on Iy be in the backyard b. Setback for trees othef than fruit-bearing trees I) 5' from side property line 2) No trees are pennitted in the 20' lake easement. 3) For the health of the tree, the planting of flowers around swale trees is not pennitted. 2. Hedging a. Spacing I) Shall be continuous (i.e. planted on 18 inch centers) b. Type 1) Most hedge varieties are pennitted. c. Setback 1) Inside property line by 18 inches 2) Landscaping shall not extend into lake easement 3) On corner lots, must be set back 5' from sidewalk d. Height I) Must maintain height between 4 and 5 feet 3. Plants a. Type I) No artificial vegetation allowed (includes grass, plants, etc.,) 2) Most varieties of plants pennitted 3) Adding new planter beds or replacing plants in existing beds requires prior approval. 4) Shall not encroach into the 20 foot lake maintenance easement 5) FOf the health of the tree, the planting of flowers around swale trees is not pennitted. Mailboxes A. All mailboxes shall be uniform in type, color, and design, All owners must install the standard approved mailbox and maintain same in excellent condition. N ulsaneel A. Shall not create an. annoyance to the neighborhood (i.e. pets, music, parties, etc.,) B. Rodents - insects shall be controlled. NOUOH ~ Q V1dSH 900GSIHV1 6/Sd 69UoN Section 190 Section 200 Section 210 Section 220 Section 230 Section 240 Section Section 260 Section 270 Parking on Common Areas A. On-street parking, parking across sidewalks, parking on lawns or cornmon areas is not permitted. Patios & Dec:ks A. Contact ARC for guidelines in your specific community. Pets A. Pets (up to 2 only per home) must be leashed at all times when they are not in a fully enclosed patio/yard. B. You must pick up after your pets. C. Pets cannot be left outside barking, to the annoyance of neighbors. Play Equipment (Swing eels, trampoline, etc.,) A. Tree houses are not permitted. B. Height and size requirements exist; apply for approval prior to purchasing or bringing play equipment onto property. C. Shall be landscaped so as to obscure from street view and must not become a nuisance D. Shall not be pl811ed closer than 10 feet from any adjoining properly line E. You must submit an architectural application with a survey showing location to ARC for approval prior to installation. Pools & Pool Equipment A. Swimming Pools & Spas 1. Contact ARC for neighborhood setback requirements. 2. You must submit an architectural application with survey showing scaled drawing of pooVspa. 3. It is suggested that you receive architectural approval from ARC before going to the city for necessary permits. B. Pool Equipment & Gas Tanks (heaters, pumps) 1. Landscaping shall be used to obscure pool equipmentfrom view. Screen Enclosures & Screen Doors A. Must meet community setback requirements B. Shall be white aluminum framing with charcoal color screening C. Shall not have flat aluminum covered roof D. Landscaping may be required, particularly on comer lots. E. You must submit an arohirectural application with a survey, showing location to ARC, for approval prior to installation. F. Approved screen door is Unique Tech, Inc., Designer Series, Boca Style (picture is att811hed) Seasonal Lights & Holiday Decorations A. May only be displayed for a total of 40 days per calendar year Sidewalks (parallel to Streets) A. Shall not be painted or stained B. Shall be kept free of irrigation stains C. Sidewalks are never to be altered except as originally installed. Signs A. One For Sale or For Rent sign may be displayed, provided the face surface shall not be larger than 18" x 24". B. No other signs are permitted. NOUOH ~ 0 V1dSH 900~SIHV1 6/9 Cd 69U CON Section 280 Storage Sheds A. Are not permitted Section 290 Section 300 Section 310 Section 320 Stonn Shutters A. Shall preferably have removable panels B. Roll,down and sliding models shall match wall color. C. Accordian panel shutters must match color of adjoining window or door frame. D. No Bahama Shutters are permitted. E. Panels must be in place no earlier than 48 hours prior to storm or warning, and must be removed within 7 - 14 days after a stOl'lll or 48 hours after a warning. F. Must not be used for security purposes G. Must not be used for security purposes H. You must submit an architectural application with a survey, showing location to ARC, for approval prior to installation. Trash Containers A. Must be made of rigid plastic with 20 - 32 gallon capacity, well-sealed (bags alone are not permitted) B. No trll8h containers can be put out earlier than 24 hours before pick up, C. Containers must be brought in no later than 12 hours after collection and stored out of view. Vehicles A. No recreational vehicles, trailers, or mobile homes permitted B. Commercial vehicles must be kept in garage at all times. Window FUms A. Tinting shall be non-milTor finish. B. No aluminum foil coverings are permitted. C. You must submit an arChitectural application with a survey, showing location and a sample of film, to ARC for approval prior to installation Compliance with these guidelines does not automatically grant architectural approval. Architectural approval must be requestod in writing, for any change. to the exterior of your home (to include flower Installation and garage conversioDi), Application and instructions con be found on the attached Archilcotunol Review Board Application form or by calling the Castle Group at (954) 79HiDOO. 6/1 'd NOHOH ~ 0 69U CON Wd6t:t 900G ell CI!W 0-8- 1192 East Newport Center Drive, Suite 150 Deemeld Beach, FL 33442 (954) 428-4854 www.drhorton.com 6/8 Cd 69U cON N01~OH ~ 0 Wd6t:t 900G cSI clEW p Architectural Review Committee (ARC) Guidelines Palmyra Kev.71113 6./6 Cd 69U 'oN NOUOH ~ 0 ~d6H 90n cSl cu~ 1245 South MilllllryTrall #100 Oeer1leld Beach. Fl. 33442 9tl+948-3000 o>et 2894 469-822-8407 Fox n.R.HORlON. !l ~1M!:t: C,Hi f4 Fax Tor Karen Main From: Terry Evelyn, Permitting Coordinator Co. 'lIlI..e PlIIl 1-661-742-6357 htet 3115/06 .... Palmyra Phase I/Palmyra Phase II cc: x Urgent CJ Por RlovI_ CJ Pl.... Comment CJ Pl_ Reply CJ P1_ "-yol. Karen . per your request here is a copy of the guidelines for homeowner what They can and cannot do when gettlng a penni!. 6/l Cd 69UoN NOHOH ~ 0 ~dLn 900GSIH~ 1111111111111111111111111111111111111111111111111111111 > 06/23/2003 16:17:28 20030369742 OR BK 15420 PG 1073 ~alm Beach County, Florida This Instrument Prepared By: JUAN E. RODRIGUEZ, ESQUIRE Salomon, Kanner, Damian & Rodriguez, P.A. 2550 Brickell Bay View Centre 80 S.W. 8th Street Miami, Florida 33130 l__- 3 0 DECLARATION OF COVENANTS, RESTRICTIONS, CONDITIONS AND EASEMENTS OF PALMYRA ESTATES This Declaration of Covenants, Restrictions, Conditions and Easements made by D.R. Horton, Inc., a Delaware corporation, whose mailing address is 1192 East Newport Center Drive, Suite 150, Deerfield Beach, Florida 33442. WITNESSETH: D.R. Horton, Inc. is the owner in fee simple of the property described in Exhibit "A" attached hereto and made a part hereof; and D.R. Horton, Inc. for purposes of this Declaration will be the Declarant; and D.R. Horton, Inc. may, but shall not be required to, construct homes upon the property described in Exhibit "A", provided that in any event such construction will be subject to the covenants, conditibns, restrictions, reservations, easements, liens and charges hereinafter set forth; and Now, Therefore, Declarant hereby declares that the property described in Exhibit "A" shall be held, sold, conveyed, leased, mortgaged and otherwise deait with subject to the protective covenants, conditions, restrictions, reservations, easements, liens and charges as hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and plan of development for the same. Said covenants, conditions, restrictions, reservations, easements, liens and charges shall run with the real property described in Exhibit "A", and shall be binding upon all parties having and/or acquiring any right, title or interest in said property or any portion thereof, and shall inure to the benefit of each and every person or party, from time to time, owning or holding an interest in said property. ARTICLE I DEFINITIONS The following words and terms when used in this Declaration or any supplemental declaration hereto or any amendment thereto (unless the context shall clearly indicate otherwise) shall have the following meanings: Section 1. "Articles" mean and refer to the Articles of Incorporation of Palmrya Estates Homeowners' Association, Inc., a not-for-profit Florida corporation, and all exhibits which are attached thereto and made a part thereof, and shall include such amendments, if any, as may be adopted from time to time pursuant to the terms thereof. Section 2. "By-Laws" mean the By-Laws of Palmyra Estates Homeowners' Association, Inc., and all exhibits attached thereto and made a part thereof, and shall include such amendments, if any, as may be adopted from time to time pursuant to thEj BOOK 15420 PAGE 1074 terms thereof. Section 3. "Corporation" or "Association". means Palmyra Estates Homeowners' Association, Inc., a not-for-profit Florida corporation, its successors and assigns. Section 4. "Declarant" means D.R. Horton, Inc., a Delaware corporation, or any successor of Deciarant who may be assigned all or a part of the rights and obligations of Declarant pursuant to a written assignment executed by Declarant and recorded among the Public Records of Palm Beach County, Florida. If Declarant assigns only a portion of its rights and obligations as Declarant hereunder to an assignee, then the term Declarant as used in this Declaration shall mean such assignee only when necessary to give such assignee the rights and obligations of Declarant hereunder which were assigned to such assignee to the same extent as if such assignee had been the original Declarant, and said assignee shall not have any of the rights and obligations of Declarant hereunder which were not specifically assigned to such assignee. Section 5. "Declaration" means this instrument, together with the Exhibits attached hereto and made a part hereof, and shall include such amendments, if any, as may be adopted from time to time pursuant to the terms hereof. This Declaration may be referred to in any other document as "Palmyra Estates Declaration of Covenants, Restrictions, Conditions and Easements". Section 6. "Development Period" means the period of time until the Declarant has sold the last Lot within the Property or any property annexed to the Property and becoming a part of the Property as provided herein to outside purchasers. Lot. Section 7. "Home" is a single family dwelling constructed upon and including a Section 8. "Institutional First Mortqa~ is a mortgage executed in favor of an Institutional First Mortgagee, which mortgage is a first and prior mortgage encumbering a Home. Section 9. "Institutional First Mortqaqee" is a bank, federal savings bank, and loan association, any insurance company, pension fund, real estate trust, Federal National Mortgage Association or its assigns, Federal Home Loan Mortgage Company or its assigns, or any other party engaged in the business of mortgage financing, which owns or holds a first and prior mortgage encumbering a Home, and shall'include any corporate subsidiary of such entity. Section 10. "Lot" is a designated lot within the property described on Exhibit "A" or any property annexed thereto and becoming a part of the Property conveyed or to be conveyed to an Owner upon which there has been constructed or will be constructed a Home. Section 11. "Member" is every person or entity who is a Member in the Corporation. Section 12. "Owner" is the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Property, including contract sellers, but excluding those parties having such interest merely as security for the performance of any obligation. Section 13. "Plat" is Dahlgren P.U.D. according to the Plat thereof recorded among the Public Records of Palm Beach County, Florida. Section 14. "Private Proper:!Y" is the property described in Exhibit "A-1" attached hereto and made a part hereof and all improvements constructed thereon. Section 15. "Property" is the property described in Exhibit "A", and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation and subject to the terms of this Declaration. I 2 BOOK 15420 PAGE 1075 Section 16. "Rules" are collectively the rules and regulations which the Board of Directors of the Corporation may promulgate or impose and thereafter modify, alter, amend, rescind and augment any of the same with respect to the use, operation, and enjoyment of the Property, though excluding the Private Property, and any improvements located thereon. Section 17. "Palmyra Estates" means the planned community planned for development upon the property described in Exhibit "A" or any. property annexed as provided herein; the said being within Palm Beach County, Florida. The foregOing definitions shall be applicable to this Declaration and to any supplemental declaration hereto or any amendment to this Declaration, unless otherwise expressly provided herein or therein. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION Section 1. Leqal Description.. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Palm Beach County, Florida, and is the property described in Exhibit "A", and such additions as may hereafter be brought within the jurisdiction of the Corporation and subject to the terms of this Declaration, less the portions thereof dedicated and/or conveyed to other entities. Section 2. Application of Declaration. The Property shall be held, transferred, sold, conveyed and occupied subject to the terms and conditions of this Declaration, and any and all supplements and lawful amendments hereto and any and all supplements and lawful amendments thereto. By receipt of delivery of a deed to any of the Property or other instrument evidencing ownership, whether or not it shall be so expressed in any such deed or other conveyance or adjudication, each Owner hereby agrees to abide by and accept title to such portion of the Property and all terms and provisions of this Declaration. The filing of this Declaration and subjecting the Property to the covenants, conditions, restrictions, reservations, easements, liens and charges contained herein shall not be construed in any way as inhibiting or prohibiting the Declarant from conveying the Lots or improvements within the Property to third parties free and clear of any covenants, conditions, restrictions, reservations, easements, liens and charges, except for those specifically provided for in this Declaration. Lots so conveyed by the Declarant to third parties shall be used and held by said third parties in accordance with this Declaration. Section 3. Additional Propert~. Additional property may become subject to this Declaration in the following manner: A. Future Phases. The Declarant shall have the right, so long as there is a Class B Membership, without any consent of the Corporation being required, to subject to this Declaration, additional properties as future phases of Palmyra Estates. The Supplemental Declaration may contain such complementary additions and modifications of the covenants, conditions, and restrictions contained in this Declaration as may be necessary or convenient, in the judgment of the Declarant. Any such modification shall have no effect on the real property described in Exhibit "A" except as may be consistent with this Declaration. 3 BOOK 15420 PAGE 1076 ARTICLE III MEM~ERSIjIE' Section 1. Mef'DbershiQ. Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot which is subject to the covenants, conditions, restrictions, reservations, easements, liens and charges, of this Declaration, including contract sellers, shall be a Member of the Corporation. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership for each Lot owned. Membership shall be appurtenant to a Lot and may not be separated from ownership of the Lot. Ownership of a Lot shall be the sole qualification for membership. The Owner of record of each Lot shall be subject to assessment by the Corporation, as hereinafter provided, and shall be subject to enforcement by the Corporation in accordance with the terms and provisions of this Declaration. ARTICLE IV VOTING RIGHTS The Corporation shall have two (2) classes of voting membership: Class A. Class A Members shall be those Owners defined in Article III with the exception of the Declarant. Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interest required for membership by Article III. When more than one (1) person or entity holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine,; but in no event shall more than one (1) vote be cast with respect to any Lot. gl;:!ss B. The Class B Member shall be the Declarant D.R. Horton, Inc., its successors and assigns. The Class B member shall be entitled to three (3) votes for each Lot in which it holds the interest required for membership by Article III, provided that the Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs earlier: (a) Ninety (90%) percent of the Lots have been conveyed to third-party purchasers; (b) December 31,2008; or (c) Thirty (30) days after Declarant elects to terminate the Class B Membership. ARTICLE V PROPERTY RIGHTS Section 1. Membership Easements of Enjoyment. Every Member shall have a right and easement of enjoyment in and to the non-exclusive use of the Private Property, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The right of the Corporation, in accordance with its Articles of Incorporation and By-Laws, to borrow money for the purpose of improving the Private Property, and in aid thereof to mortgage said Private Property and the rights of such mortgagee in said Private Property shall be subordinate to the rights of the Owners hereunder; the right to mortgage the Private Property provided herein shall not become effective until a Home has been constructed upon each Lot within the Property and each Lot has been conveyed from the Declarant to a purchaser. No such rights, 4 (b) (c) (d) (e) (f) (g) (h) (i) BOOK 15420 PAGE 1077 to mortgage shall be effective unless an instrument shall be signed by two-thirds (2/3) of the Members other than the Declarant. The right of the Corporation to dedicate or transfer all or any part of the Private Property to any public agency, authority or utility for such purposes, and subject to such conditions as may be agreed to by the Members, or to mortgage all or any part of the Private Property. No such dedication, transfer' or mortgage, shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3rds) of the votes of the Class A membership and two-thirds (2/3rds) of the votes of the Class B membership, if any, has been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than thirty (30) days nor more than sixty (60) days in advance of the duly called meeting at which the vote on such dedication or transfer is held; The right of the Declarant or the Corporation to establish, from time to time, certain easements over the Private Property for utilities, broadband communications, cable television and other common services purposes; The right of the Corporation to charge reasonable fees for the use of designated facilities (if any) on the Private Property; Existing easements and agreements of record including but not limited to that certain Easement in favor of Florida Power & Light attached hereto as Exhibit "B"; Easements referred to in Article X hereof; The right to the use and enjoyment of the Private Property and facilities thereon shall extend to all Members and their family, tenants, contract purchasers and invited guests, provided there is delegation of the right of enjoyment in accordance with the By-Laws and subject to regulation from time to time by the Corporation in its Rules; Access to certain Private Property within the Property may not be obtained from an Owner's or Member's Lot or other Private Property or publicly dedicated streets or properties. Thus, to obtain access to certain Private Property for which access can not be obtained from the Owner's or Member's Lot, other Private Property or publicly dedicated streets or properties, the Owner or Member shall need to obtain the permission of a Lot Owner whose Lot is contiguous to said Private Property. The fact that a Member or Owner shall not have access to certain Private Property from his or her Lot, Private Property or publicly dedicated streets or properties does not allow an Owner to escape liability for assessments provided for in Article VI of this Declaration; and The other provisions of this Declaration, the Articles and By-Laws. Section 2. Title To Private Property. The Declarant hereby represents that the fee simple title to the Private Property has been or will be conveyed to the Corporation its successors and assigns prior to the first conveyance by Declarant to a third party purchaser, free and clear of all mortgage liens. The Corporation shall maintain the Private Property. Section 3. Declarant's Reserved Riqhts. Notwithstanding any provision herein to the contrary, the property rights under this Article V shall be subject to: (a) The right of Declarant to execute all documents and take such actions and do such acts affecting the Property or the Private Property which, in the Declarant's sole discretion, are desirable or necessary to facilitate the Declarant's actual construction or development of the Property. However'l 5 BOOK 15420 PAGE 1078 nothing contained herein shall authorize either Declarant to take any action that will diminish the rights of any lienholder or the holder of any mortgage on any. Lot or on the Private Property; take any action that will affect title to any of the Lots after conveyance to third parties; or unilaterally change the Declaration, Articles, By-Laws and Rules after the Class B Membership has terminated; (b) Easements of record on the date hereof and any easements which may hereafter be granted by Declarant to any public or private utilities or governmental bodies for the installation and maintenance of cable television, electrical and telephone conduit and lines, sewers or water pipes, or any other utilities or services to any Lots within the Property or any portion of the Private Property or such easements as Declarant may determine are necessary or beneficial for the maintenance or preservation of the Property; (c) The Declarant shall have full rights of ingress and egress to and through, and over and about the Property, including the Private Property, during the Development Period and such additional period of time as Declarant is engaged in any construction or improvement work on or within the Property, and the Declarant shall further have an easement thereon for the purpose of storage of materials, vehicles, tools, equipment, etc., which are being utilized in such development or construction and for the use and maintenance of signs, banners, and the like being used in connection with the sale or promotion of the Property, or any portion thereof. No Owner, his guests, employees, servants, agents and invitees shall in any way interfere or hamper Declarant, its agents, servants, employees, invitees, successors or assigns, in connection with such construction, development, promotion or sales activity; and (d) The Declarant shall have full right to assign any or all of its right, title and interest in the Property, both as Declarant and as a Member of the Corporation, to another party by the execution and recording of a proper instrument in the Public Records of Palm Beach County, Florida. This provision shall not, however, be construed to allow Declarant to assign a membership in the Corporation in a transaction separate from ownership of a lot. Section 4. No Dedication to Public Use. Nothing contained in this Declaration shall be construed or be deemed to constitute a dedication, express or implied, of any part of the Private Property, except for access to and from and throughout the property described in the Plat or any additions thereto. Section 5. Incorporation of Easements by Reference. Reference in the respective deeds of conveyance, or any mortgage or trust deeds or other evidence of obligation, to the easements and covenants herein described shall be sufficient to create and reserve such easements and covenants to the respective grantees, mortgagees or trustees of said parcels as fully and completely as though said easements and covenants were fully recited and set forth in their entirety in such documents. Section 6. Surface Water ManaqelT]ent. It is acknowledged the surface water management, drainage and storage system for the Property is one integrated system, and accordingly those portions contained within the Property shall be deemed Private Property and an easement is hereby created over the entire Property for the surface water drainage and storage, and for the installation and maintenance of the surface water management, drainage and storage system for the Property, provided however that such easement shall be subject to improvements constructed within the Property as permitted by controlling governmental authorities from time to time. If pursuant to the permitting requirements of any governmental authority the surface water management system for the Property is required to provide drainage for any other property, such other property shall have an easement for drainage purposes into the surface wate~ 6 BOOK 15420 PAGE 1079 management system for the Property. The surface water management, drainage, and storage system of the Property shall be developed, operated, and maintained in conformance with the requirements of, and any permits or approvals issued by the South Florida Water Management District and any other controlling governmental authority. Except as hereafter provided, the Corporation shall maintain as a regular expense the entire surface water management, drainage, and storage system for the Property, including but not limited to all lakes and canals, swale areas, retention areas, culverts, pipes, pumps, catch basins, and related appurtenances, and any littoral zones in any lakes or other waterway, regardless of whether or not same are natural or man- made within the Property or are owned by the Corporation. Such maintenance shall be performed in conformance with the requirements of any governmental authority, and an easement for such maintenance is hereby created. The Corporation will have the right, but not the obligation, to maintain any portion of the surface water management, drainage, and storage system for the Property which is owned and/or maintained by any controlling governmental authority, or which is outside of the Property. The Corporation will have the right to enter into agreements with any controlling governmental authority or any other property owner or association for the common maintenance of the surface water management, drainage, and storage system serving the Property and any other property. The Property shall be required to accept surface water drainage from any other property pursuant to the requirements of any controlling governmental authority and an easement for such drainage is hereby created, and in connection therewith the Corporation will have the right, but not the obligation, to maintain any portion of the surface water management system for such other property reasonably required in connection with the maintenance or operation of the surface water management system for the Property. ARTICLE VI COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the' Lien and Personal Obligation of Assessments to be Paid to the Corporation_. The Declarant, for each Lot owned by it within the Property, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance (inclUding any purchaser at a judicial sale), is deemed to covenant, which covenant shall run with the land and be binding on every Owner, and agrees to pay to the Corporation: (1) any regular assessments or charges; and (2) any special assessments for improvements, or to fund any deficits between the amount collected for regular assessments in accordance with the capital annual budget and the amount determined necessary by the Corporation for the proper management and maintenance of the Private Property, together with other costs and/or expenses levied or imposed against the Corporation or property of the Corporation; and (3) any regular assessments or charges to effect payment of property taxes which may be assessed against Private Property or any personal property which may in the future be owned by the Corporation. Such assessments shall be fixed, established and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon and costs of collection thereof, including attorney's fees, as hereinafter provided and any applicable late fee imposed by the Board of Directors of the Corporation, shall be a charge on the Property and shall be a continuing lien upon any Lot against which each such assessment is made, and said lien may be enforced in the same manner in which mortgages are enforced. Each such assessment, together with such interest, costs (including applicable late fees), and reasonable attorneys' fees for its collection, including attorneys' fees involved at all appellate levels and whether or not suit is instituted, shall also be the personal obligation of the person or entity who was the Owner of the Lot at the time when the assessment becomes due. Section 2. Purpose of Assessments. The assessments to be levied by the Corporation shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents of the Property and shall specifically include, but not limited to: the maintenance and operation of the entrance feature to be erected (if any) to the Property; the maintenance of the Private Property; maintenance of thEj 7 BOOK 15420 PAGE lOBO wall surrounding the Property; the payment of taxes and insurance for the Private Property; payment for the improvement and maintenance of the Private Property, and services and facilities related to the use and enjoyment of the Private Property. Section 3. Basis of Annual Assessments. Until December 31,2003 the quarterly assessment shall be the amount as set forth in the initial budget of the Corporation for its initial year of operation. From and after January 1, 2004, the annual assessment shall be determined in accordance with the Articles of Incorporation and By-Laws of the Corporation taking into account current maintenance costs and future needs of the Corporation. The maintenance costs shall include and shall mean all operating costs of the Corporation, maintenance costs of the Private Property, payment of insurance premiums for the Private Property, payment of any personal property taxes on the Private Property. The annual assessment shall include a sum required to provide an adequate reserve fund for the maintenance, repair and replacement of the Private Property and the improvements thereon, if any, or any personal property owned by the Corporation. However, so long as there is a Class B Membership no reserves will be collected. Reserves will not be funded by the Declarant for the Lots Declarant owns so long as Declarant is guaranteeing any deficit pursuant to Section 12 herein. Section 4. Special Assessment for Capital Improvements. In addition to the annual assessment authorized above, the Corporation may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Private Property, including the necessary fixtures and personal property related thereto, PROVIDED that any such assessments shall have the assent of a majority of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than 15 days nor more than 60 days in ad:,ance of the meeting setting forth the purpose of the meeting. Section 5. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for'all Lots and may be collected on a monthly, quarterly or semi-annual basis as determined by the Board of Directors. Payments of all assessments will be made directly to the Corporation or its designated management company and in no instance shall any mortgagees have the obligation to collect assessments. Section 6. Quorum for Any Action Authorized Under Section 4. At each meeting called, as provided in Section 4 hereof, the presence of the meeting of Members or of proxies entitled to cast thirty percent (30%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements set forth in Section 4 and the required quorum at any such subsequent meeting shall be one-half (y,) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments. Due Dates. The annual assessments provided for herein shall commence as to all Lots on the earliest of the following events to occur: a) a Certificate of Occupancy being issued for a Home constructed on a Lot; or b) the occupancy by an Owner of a Home constructed on a Lot; or c) the conveyance by the Declarant of a Lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors of the Corporation shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due date shall be established by the Board of Directors. The Board of Directors, if necessary to insure cash flow, may institute reasonable late payment fees for monthly payment of the annual assessment. The Corporation shall upon demand at any time furnish a certificate in writing signed by an officer of the Corporation setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. 8 BOOK 15420 PAGE lOBI Section 8. Effect of NonQayment of Assessments: Remedies of the Corporation. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within five (5) days after the due date, the assessment shall bear Interest from the date of delinquency at the rate of eighteen (18%) percent per annum and the Corporation, acting through its Board of Directors, may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot to which the assessment is levied, and interest, costs and reasonable attorneys' fees, including at all appellate levels and whether or not suit is instituted, in collection or enforcement shall be added to the amount of such assessment. Additionally, the Board of Directors of the Corporation may at its discretion impose the maximum late fee allowed under Florida Statutes for each month that assessments are delinquent, and notify any mortgagees or lenders of Owner, any co-borrowers and/or guarantor(s) without recourse to Declarant and/or the Corporation. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Private Property or abandonment of his or her Lot. Section 9. Special Assessment Aqainst a Particular Owner of Lot. In the event an Owner of any Lot in the Property shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors, the Corporation, after approval by a majority of the Board of Directors, shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain, and restore the Lot, and the exterior of the buildings and any other improvements erected thereon. The costs of such exterior maintenance to which such Lot is subject; and said assessment shall be enforced in the same manner as provided for in Section 8. Section 10. Subordinat[on of the Lien to Mortqaqes. The lien of the assessments provided for herein shall be superior to all other liens save and except tax liens and the liens of any bona fide Institutional First Mortgage to an Institutional First Mortgagee, provided, however, that said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens, and secure indebtednesses payable in constant monthly or quarter annual payments over a period of not less than ten (10) years. Section 11. Exel'l'!Q\.Eroperty. The following Property subject to this Declaration shall be exempt from the assessments created herein: (a) any portion of the Property dedicated to and accepted by a local public authority; (b) the Private Property; (c) any portion of the Property which is designated and/or reserved for easements; and (d) any portion of the Property owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Florida. However, no land or improvements devoted to dwelling use shall be exempt from said assessments. Section 12. Declarant's Guarantee of Deficit. Notwithstanding any provision that may be contained to the contrary in this Declaration, for as long as Declarant is the owner of any Lot and there is a Class B Membership, the Declarant shall not be liable for assessment against such Lot, provided that the Declarant funds any deficit in operating expenses, exclusive of reserves, cost of capital improvements and non- budgeted repairs or replacement and management fees (if the Declarant is entitled to same). For the purposes hereof, a deficit shall be computed by subtraction from said expenses (exclusive of the items described in the foregoing sentence) all assessments, contributions and other sums received or receivable by the Corporation. The Declarant may at any time commence to pay assessments to the Lots that it owns and thereby automatically terminate its obligations to fund a deficit in the operating expenses of the Corporation, or any time or from time to time elect again to fund deficits as aforesaid. When all Lots within the Property are sold and conveyed to purchasers, the Declarant shall have no further liability of any kind to the Corporation for the payment of assessments or deficits other than those that arose to prior to such time. Section 13. Surface Water Manaqement System. The Corporation is responsible for assessing and collecting fees for the operation, maintenance, and, if necessary, replacement of the surface water management system which is part of th8j 9 BOOK 15420 PAGE 10B2 Private Property. Fees shall be assessed and collected through annual assessments or other assessment, if necessary. Section 14. Water Retention. The Corporation is responsible for the maintenance of the water retention area more particularly described in Exhibit "C" pursuant to the Agreement attached hereto as Exhibit "D". Section 15. Maintenance of Additional Pro~. The Corporation is responsible to maintain the property described in the attached Exhibit "E" ("Maintenance Property") which is located on the median on Hypoluxo Road which is not within the Property but which Maintenance Property serves the Property. Said maintenance responsibility of the Corporation shall include the maintenance and irrigation of the Maintenance Property. ARTICLE VII CAPiT ALCONTRIBUTIQN At the time of the closing of a Home pursuant to an original sale by the Declarant, each purchaser shall pay to the Declarant on behalf of the Corporation a sum equal to the aggregate of One Hundred Fifty and No/100 ($150.00) Dollars as the amount of working capital contribution. These monies (hereinafter called "Capital Contribution" shall be the Corporation's property, and shall be held by the Corporation through its Board of Directors, pursuant to the powers described in the Articles and By-Laws. The Capital Contribution shall be deemed ordinary association income and need not be separated from or held or applied differently than assessments. No refund of a Capital Contribution will be made on re-sale. ; ARTICLE VIII ARCHITECTURAL CONTROL Section 1. . Review of Proposed Construction. Subject to Section 2 below, no improvement or alteration of any kind, including, but not limited to, a fence, wall or other addition, structure, or equipment (including landscaping, antennas, awnings, and shutters) shall be installed, painted, erected, removed or maintained within the Property, until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to, and approved in writing by, a majority of the Board of Directors of the Corporation. The Board of Directors of the Corporation shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of the surrounding area of the Property and that the appearance of any improvement or other structure affected thereby will be in harmony with surrounding structures and improvements (or the surrounding area contemplated by Declarant, if within the Development Period) and it otherwise desirable. The Board of Directors of the Corporation may condition its approval of proposals and plans and specifications as it deems appropriate, and may require submission of additional plans and specifications or other information prior to approving or disapproving material submitted. The Board of Directors of the Corporation may also issue rules or guidelines setting forth procedures for the submission of plans for approval. The Board of Directors of the Corporation may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, site plans, drainage plans, elevation drawings and descriptions or samples of exterior materials and colors. Until receipt by the Board of Directors of the Corporation of any required plans and specifications, the Board of Directors of the Corporation may postpone review of any plans submitted for approval. The Board of Directors of the Corporation shall have forty-five (45) days after delivery of all required materials to approve or reject any such plans, and if not rejected within such 45-day period, said plans shall be deemed approved. All changes andj 10 BOf'l" 15420 PAGE 10B3 alterations shall be subject independently to all applicable governmental laws, statutes, ordinances, rules, regulations, orders and decrees. Any alteration or modification to the location and/or placement of exterior walls of any Home shall be further conditioned on compliance with Metropolitan Palm Beach County ordinances and the obtaining of applicable governmental approvals, if any. Section 2. No Waiver of Future AQprovals. The approval of the Board of Directors of the Corporation 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 Board of Directors of the Corporation, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposais, plans and specifications, drawings or matters whether subsequently or additionally submitted for approval or consent. Section 3. Liability of the Board of Directors of the Corporation. No member of the Board of Directors of the Corporation (or Declarant) shall be liable to any Owner or other person by reason of mistake in judgment, failure to point out deficiencies in plans, or any other act or omission in connection with the approval of any plans. Any Owner submitting plans hereunder by the submitting of same, agrees (i) not to seek any damages or make any claim arising out of approval of plans hereunder, and (Ii) to indemnify and hold the Board of Directors of the Corporation, the Corporation and Declarant harmless from any cost, claim, damage, expense or liability whatsoever, including attorneys' fees and costs at all tribunal and appellate levels (and whether or not suit is instituted), arising out of the approval of any plans regardless of the negligence of the committee members, their representatives, or appointing 'entity. Section 4. Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: (a) Upon the completion of any work for which approved plans' are required hereunder the applicant for such approval ("Applicant") shall give written notice of completion to the Board of Directors of the Corporation. (b) Within thirty (30) days thereafter, the Board of Directors of the C'orporation (or its duly authorized representative) may inspect such completed work. If the Board of Directors of the Corporation finds that such work was not effected in substantial compliance with the approved plans, it shall notify the Applicant in writing of such noncompliance within such thirty (30) day period, speCifying the particulars of noncompliance, and shall require the Applicant to remedy the same. (c) If a noncompliance exists, Applicant shall remedy or remove the same within a period of not more than forty-five (45) days from the date of announcement of the Board ruling. If Applicant does not comply with the Board of Directors of the Corporation ruling within such period, the Board, at its option, may either remove the noncomplying improvement or remedy the noncompliance (an easement therefore being hereby created), and Applicant shall reimburse the Corporation, upon demand, for all expenses incurred in connection therewith. This amount, together with interest thereon at the rate of eighteen (18%) percent per annum from the date the noncompliance was to have been remedied or removed, the maximum late fee allowed under Florida Statutes for each month that a violation exists if payment is not made within thirty (30) days after announcement, and all costs and reasonable attorneys' fees incurred by the Corporation in collection, enforcement or abatement, as appropriate (including attorneys' fees incurred at all appellate levels and whether 'or not suit is instituted) shall be a personal obligation of Owner and shall not pass to the successors in title of Owner unless expressly assumed by such successors. Such amount (including interest, costs, late fees and attorneys' fees as provided above) shall also be a continuing lien and run w:th the land on the Owner's Property if not paid within thirty (30) days after announcement and may be enforced in the same manner in which mortgages are enforced by foreclosure, or by bringing an action at law or equity against the Owner. (d) If for any reason the Board of Directors of the Corporation fails to notify thEj " BOOK 15420 PAGE 10B4 Applicant of any noncompliance within forty-five (45) days after receipt of written notice of completion from the Applicant, the improvement shall be deemed to have been made in accordance with the approved plans. Section 5. Variances. The Board of Directors of the Corporation may authorize variances from compliance with any of the architectural provisions of this Declaration when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variance must be evidenced in writing and must be signed by at least two (2) members of the Board of Directors of the Corporation. If such variances are granted, no violation of the covenants, conditions and restrictions contained in this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular property and particular provisions hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting his use of the Lot and Home, including, but not limited to, zoning ordinances and lot setback lines or requirements imposed by any governmental or municipal authority. Section 6. Architectural Control Committee. The Board of Directors of the Corporation may assign all of its responsibilities under Article VIII to an Architectural Control Committee to be appointed by the Board of Directors of the Corporation. Section 7. Declarant's Exemption. Notwithstanding anything to the contrary, this Article does not apply to the Declarant. ARTICLE IX USE RESTRICTIONS Section 1. No Lot shall be used except for residential purposes. No building shall be erected altered, placed or permitted to remain on any Lot other than a Home. Section 2. No structure of a temporary character, trailer, basement, tent, shack, barn, shed or other out-building shall be used on any Lot at any time as a residence of appendage to such residence, either temporary or permanent, except for temporary construction trailer of Declarant. Section 3. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood within the Plat, or any matter which affects the health, safety or welfare of the owners or occupants of the Property, in the Corporation's reasonable discretion. Section 4. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that up to two (2) household pets in total (and not of each type) consisting of dogs, cats or other household pets may be kept provided they are not kept, bred or maintained for any commercial purpose. Furthermore, no household pet shall be permitted outside of a Lot except on a leash and at all times under the control of the Owner. No household pet shall be allowed to constitute a nuisance and each Owner shall promptly remove and dispose of waste matter deposited by his or her household pet through a proper sewage receptacle. The Board of Directors of the Corporation shall have the right to promulgate Rules further restricting the keeping of household pets. Section 5. No sign of any kind shall be displayed to the public view on any Lot, except one sign of not more than two and one-half square feet advertising that property is for sale or rent, or signs used by the Declarant to advertise the Property during the construction and sale of Homes. Section 6. No Lot shall be used or maintained as a dumping ground for rubbish, 12 BOOK 15420 PAGE 10B5 All trash and garbage shall be regularly removed from each Lot and shall not be allowed to accumulate thereon. Trash, garbage or other waste shall be kept in a sanitary, covered containers. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. In no event shall such equipment and/or containers be visible from the Private Property streets, from neighboring Property or within property contained in the Plat, except for a reasonable time immediately prior to and after scheduled trash collection, and in all events in compliance with Metropolitan Palm Beach County Code. Section 7. No garments, rugs or any other materials may by hung, exposed or dusted from the windows or from the front facade of any Home. Further, no outside clotheslines or other facilities for drying or airing clothes shall be erected in the front yard, side yard or back yard of any Home. Section 8. Parking. There shall be no parking on any portion of any sidewalk, grass or street within the Property. There shall not be parked within the Property, any trailer, commercial vehiole, recreational vehicle, boat, rowboat, canoe or boat trailer. This restriction shall not be deemed to limit service vehicles whose purpose is to perform maintenance and delivery service to the Lot Owners or the Corporation during normal working hours or for work performed for the Declarant or the Corporation'which are necessary in the development, maintenance or management of the Corporation. The term "commercial vehicle" includes trucks and vehicular equipment or other vehicles which shall be used or which are ordinarily intended to be used for commercial purposes or which contain materials regularly used in trade or business. Section 9. No septic tanks or individual wells will be permitted on any Lot. Section 10. No garage may be improved for purposes of making same a living area, nor shall garage doors be removed except for replacement (in which case the Owner must obtain approval of any replacement door from the Board of Directors' of the Corporation). Section 11. Window Coverings. No external window covering, reflective or other covering may be placed or permitted to remain on any window of any building (either interior or exterior) without the prior written approval of the Board of Directors of the Corporation. Section 12. Flags/Banners. No flags or banners other than one (1) American Flag subject to approval (as to size and location) from the Board of Directors of the Corporation. Any permanent installed flag pole is also subject to approval (as to size, type and location) by the Board of Directors of the Corporation. The foregoing two (2) sentences shall not apply to the Declarant. ARTICLE X EASEMENTS Section 1. Easements are reserved over each Lot and the Private Property for public service purposes including but not limited to, police protection, fire protection, emergency services, postal service and meter reading. Section 2. Easements for ingress and egress and for the installation and maintenance of all utilities, surface water management and drainage facilities are reserved on and over each Lot and the Private Property. The right is also reserved to the Declarant and the Corporation to create additional utility easements by separate instrument as may be required from time to time. Section 3. Notwithstanding any other provisions contained in this Declaration, in the event that any Home, as constructed by the Declarant on a Lot, encroaches upon any portion of the Private Property or adjoining Lot, then a perpetual easement appurtenant to such Lot shall exist for the continuance of any such encroachment of) 13 BOOK 15420 PAGE 10B6 the Private Property or adjoining Lot. In the event any fence, roof, overhanging roof, or portion of the Home, as constructed upon any Lot by Declarant, encroaches or overlaps upon any other Lot or the Private Property, then, in such event, a perpetual easement appurtenant to the Lot upon which the fence, roof, overhanging roof, or Home is construction shall exist for the continuation of any such encroachment or overlapping upon the adjoining Lots and Private Property. Section 4. Zero Lot Line DeveloQment. In the event that a "zero lot line" Home is constructed by Declarant, each Owner of property upon which "zero lot line" construction has occurred shall have an easement over such adjacent properties as may reasonably be required for the proper maintenance of his property. Section 5. Maintenance of Drainaqe Easements and Facilities. The Corporation shall have the responsibility to maintain all drainage easements, drainage facilities and drainage pipes and equipment within the Property and the expense for same will be a common expense of the Corporation. Section 6. Easement for Maintenance of Private Prope!!'L. An Easement is reserved over the Property, including each Lot, in favor of the Corporation for maintenance of the Private Property in order that the Corporation may fulfill its maintenance obligations of the Private Property. ARTICLE XI PROVISIONS RESPECTING HOMES _n ___ Section 1. House Maintenance. Each Lot Owner shail be responsible for maintainin~ and repairing the Home and all other improvements situated on his Lot in a clean, sanitary, neat, safe and orderly condition. Each Lot Owner shall be responsible for the maintenance, replacement or repair of all doors, exterior wails and all other portions of his Home and shall also be responsible to keep the paint on the exterior wails of the Home and the roof in a good state of repair. It will also be the duty of each Lot Owner to maintain in good repair the driveway servicing his Lot. If any Lot Owner breaches these covenants, the Corporation may enforce these covenants in accordance with the provisions of this Declaration. Section 2. Lawn Maintenance. It shall be the duty of the Corporation to maintain and cut the grass located on the Lot Owner's Lot, the cost of such grass maintenance on the Lot Owner's property being assumed by the Corporation for the benefit of the entire Property as if same were Private Property, and such costs being considered with the budget as part of grounds' maintenance. The Lot Owner shall not plant any trees or shrubbery on his Lot without first obtaining the prior written consent of the Corporation. The Corporation is hereby granted an easement over and across the Lot Owner's Lot for the purpose of maintaining and cutting the grass, and the Lot Owner shall not place any obstruction, fence, wall, tree or shrubbery on such ground without the consent of the Corporation, the said consent being conditioned on the Corporation having free access to the property for the purpose of maintaining and cutting the grass. Section 3. Irriqation. It shall be the duty of the Corporation to maintain the irrigation system. Said irrigation system will run both on Lots and Private Property. The cost of such maintenance of the irrigation system on a Lot being assumed by the Corporation for the benefit of the entire Property as if same were Private Property, and such costs being considered with the budget as part of grounds' maintenance. The Corporation is hereby granted an easement over and across the Lot Owner's Lot for the purpose of maintaining the irrigation system, and the Lot Owner shall not place any obstruction, fence, wall, tree or shrubbery over the irrigation system without the consent of the Corporation. A Lot Owner shall be responsible for any damage done to the irrigation system, whether on the Owner's Lot or the Private Property, caused by Owner, any member of Owner's family, any guests, invitees, tenants, contractors, workers or agents of Owner. 14 BOOK 15420 PAGE 10B7 ARTICLE XII PROVISIONS RELATING TO F:IRST MOgTGAGEES Section 1. The following actions will require the prior written approval of two- thirds (2/3) of the holders of record of Institutional First Mortgages on Lots within the Property, (based upon one (1) vote for each Institutional First Mortgage holder): the abandonment, partition, subdivision, encumbrance, sale or transfer of the Private Property by the Corporation, other than the granting of easements for public utilities or for other public purposes consistent with the intended use of the Private Property; a material change in the method of determining the assessments or other charges that may be levied against an Owner; the failure of the Corporation to maintain fire and extended coverage on any insurable improvements hereafter on the Private Property and any insurable improvements thereon in an amount that shall not be less than one hundred (100%) percent of the insurable value, based on the current replacement costs; the use of the insurance proceeds paid to the Corporation for any loss to the Private Property, or the improvements thereon, for any purpose other than the repair, replacement or reconstruction of the Private Property and the improvements thereon; the amendment of the Declaration in any manner which materially affects or impairs the rights of an Institutional First Mortgagee; the conveyance, encumbrance or hypothecation in any manner of the Private Property. Section 2. An Institutional First Mortgagee on any Lot in the Property may singly or jointly with other Institutional First Mortgagees: pay the taxes or other charges which are in default, and which mayor have become a charge against the Private Property; pay overdue premiums on hazard insurance policies for the Private Property; or secure new hazard insurance coverage for the Private Property after lapse of the existing coverage.' In the event any Institutional First Mortgagee makes any of the aforementioned payments, such Institutional First Mortgagee shall be entitled to immediate reimbursement from the Corporation for the payments advanced, and such Mortgagee shall be subrogated to the assessment and lien rights of the Corporation against the Owners for the repayment of such advance, and the expense of making such reimbursement to the Institutional First Mortgagee shall be deemed a common expense of the Corporation. Section 3. No provision of this Declaration shall be interpreted to give an Owner, or any other party, priority over the rights of any Institutional First Mortgagee pursuant to the terms of its Mortgage on any Lot on the Property in the event of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Private Property. Section 4. Any Institutional First Mortgagee of a Lot on the Property who obtains title to a Lot pursuant to the remedies provided in said Mortgagee's Institutional First Mortgage on that Lot, or obtains title by deed in lieu of foreclosure, shall not be liable for any unpaid assessment or charges accrued against said Lot prior to the acquisition of title to said Lot by such Mortgagee. Section 5. The Institutional First Mortgagee of any Lot on the Property is entitled, upon request, to written notification from the Corporation of any default in the performance by the Owner of any of such Owner's obligations pursuant to the terms of this Declaration, which default is not cured after sixty (60) days notice to such Owner. Section 6. Any Institutional First Mortgagee who acquires title to any portion of the Property by way of foreclosure, deed in lieu of foreclosure, or otherwise, shall be entitled to any exemption from the terms and restrictions of this Declaration to the same extent that Declarant would be exempt from such terms or restrictions. Section 7. Any agreement for professional management, or any other contract providing for services of the Declarant may not exceed three (3) years. Any such agreement must provide for the termination by either party without cause and paymen\ 15 BOO~ 15420 PAGE 10BB of a termination fee on ninety (90) days or less written notice. ARTICLE XIII LEASE AND OCCUPANCY RESTRICTIONS Section 1. Leases. All leases shall be in writing, be approved by the Corporation -- and shall provide that the Corporation shall have the right to terminate the lease in the name of and as agent for the lessor upon default by tenant in observing any of the provisions of the Declaration, the Articles of Incorporation, By-Laws of the Corporation and applicable rules and regulations, if any. Leasing of Lots and Homes shall also be subject to the prior written approval of the Corporation. The Corporation shall require an interview of the prospective tenant. The Owner or lessee requesting the approval shall pay to the Corporation a fee of One Hundred and No/100 ($100.00) Dollars or an amount designated by the Florida Statutes, whichever is greater, to cover the costs of reviewing the lease, examining records and interviewing the tenant. No lease shall be approved for a term of less than six (6) months. The prior written approval of the Corporation for a lease shall not apply to Lots and/or Homes acquired by an Institutional Mortgagee who has acquired title to the Lot and/or Home through foreclosure or deed in lieu of foreclosure. The Owner will be jointly and severally liable with the tenant to the Corporation for any sum which is required by the Corporation to effect such repairs or to pay any claim for injury or damage to property caused by the negligence of the tenant. The Board of Directors may by a majority vote establish a requirement that a sum of money not to exceed One Thousand and No/100 ($1,000.00) Dollars or one month's rent, whichever is greater, be deposited in escrow with the Corporation to repay any damage to the Private Property or other portions of the Property resulting from acts or omissions of tenants (as determined in the sole discretion of the Corporation). The number of occupants must comply with the Palm Beach County Code regarding the size of the Home. , ARTICLE XIV GENERAL PROVISIONS Section 1. Covenants Run With Land. All covenants, conditions, restrictions, reservations, easements, liens and charges contained in this Declaration shall constitute covenants running with the land, and all grantees, devisees, or mortgagees, 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 (a) this Declaration of Covenants, Restrictions, Conditions and Easements, and (b) the Articles of Incorporation and By-Laws of the Corporation. The Corporation shall be the entity responsible for the operation and maintenance of the Private Property. Section 2. Enforcement. The Declarant or the Corporation shall have the right during the Development Period to enforce all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration by proceedings at law or in equity. After the Development Period, the Corporation or any lot Owner shall have the right to enforce, by proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. In any such legal or equitable proceedings to enforce any restriction, condition, covenant, reservation, lien or charge now or hereafter imposed by these covenants, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs including at all appellate levels. Section 3. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall not affect any other provisions which shall remain in full force and effect. Section 4. Amendment. The covenants, conditions, restrictions, reservations, easements, liens and charges provided for in this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Corporation, or thEj 16 BOOK 15420 PAGE 10B9 Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. In the event the Corporation ceases to exist, except as provided in Article XIV, Section 13 herein, any Owner may petition the Circuit Court for the appointment of a Receiver to manage the affairs of the Corporation and all Private Property and the corresponding infrastructure will be dedicated or conveyed to a similar non-profit organization or entity to assure continued maintenance and operation. So long as there is a Class B Membership, Declarant reserves the right to amend this Declaration without the consent of the Lot Owners. Such amendments shall not require the consent of the Institutional First Mortgagee Lenders and shall become effective when executed by Declarant and recorded in the Public Records of Palm Beach County, Florida. After the Class B Membership terminates, the covenants and restrictions of this Declaration may be amended by an instrument signed by not less than thirty (30%) percent of the Lot Owners. Notwithstanding anything in this Declaration to the contrary, any amendment to the Declaration, Articles or By-Laws affecting any aspect of the surface water management system must receive prior written approval of the South Florida Water Management District. Notwithstanding anything in this Declaration to the contrary, no Amendment that withdraws Property from this Declaration or that is inconsistent with Article 7 of the Palm Beach County, Florida Land Development Code shall be recorded unless approved in writing by the Palm Beach County Attorney's Office. Any amendments must be properly recorded in the Public Records of Palm Beach County, Florida. Section 5. Remedies for Violation. In addition to all other remedies, in the sole discretion of the Board of Directors of the Corporation, a fine or fines may be imposed upon an Owner for failure of an Owner, his family, guests, invitees or employees, to comply with any covenant, restriction, rule or regulation, provided the following procedures are adhered to: (a) Notice: The Corporation shall notify the Owner of the alleged infraction or infractions. Included in the notice shall be the date and time of a special meeting of the Compliance Committee of the Corporation, as said committee is defined in the By-Laws of the Corporation, at which time the Owner shall present reasons why a fine(s) should not be imposed. At least fourteen (14) days notice of such meeting shall be given. (b) HQarinq: The alleged non-compliance shall be presented to the Compliance Committee after which the Compliance Committee shall hear reasons why a fine(s) should not be imposed. A written decision of the Compliance Committee shall be submitted to the Owner by not later than fifteen (15) days after the Compliance Committee's meeting. The Owner shall have a right to be represented by counsel and to cross examine witnesses. (c) Amounts: The Board of Directors (if the Compliance Committee's finding are made against the Owner) may impose special assessments against the Lot owned by the Owner as follows: (1) First non-compliance or violation which are of a continuing nature: a fine not in excess of Twenty-Five and Noli 00 ($25.00) Dollars per day not to exceed One Thousand and Nol100 ($1,000.00) Dollars in the aggregate. (2) Second non-compliance or violation which are of a continuing nature: a fine not in excess of Fifty and Noli 00 ($50.00) Dollars per day without a limitation on the aggregate amount of the amount due. (d) Payment of Penalties. Fines shall be paid not later than five (5) days after notice of the imposition or assessment of the penalties. 17 Bon~ 15420 PAGE 1090 (e) Collection of Fines. Fines shall be treated as an assessment subject to the provisions for the collection of assessments as set forth herein. (f) AQPlication of Proceeds. All monies received from fines shall be allocated as directed by the Board of Directors of the Corporation. (g) tJon-Exclusive Remedies. These fines shall not be construed to be exclusive, and shall exist in addition to all other rights and remedies to which the Corporation may be otherwise legally entitled; provided, however, any penalty paid by the offending Owner shall be deducted from or offset against any damages which the Corporation may otherwise be entitled to recover by law from such Owner. (h) Riqht of Eo!!Y. In addition to the foregoing rights, whenever (a) there shall have been built within the Property any structure which is in violation of this Declaration or in the event of any damage or destruction of any of the Property or portion thereof by an Owner or any of its guests, invitees, lessees or occupants, into disrepair and/or has not been maintained as required by this Declaration and/or any Rules, or (b) any portion of the Property and/or Home owned by an Owner has fallen into disrepair and/or has not been maintained as required by this Declaration and/or any Rules, a duly authorized representative of the Corporation may enter upon the Property where such violation, damage or destruction exists and summarily abate, remove or correct the same at the expense of the Owner; provided, however, that the Corporation shall then make the necessary repairs, constructions, etc., to insure that the Property and improvements where such violation occurred is restored to the same condition in which it existed (or should have existed) prior to such violation, and any such entry, abatement, removal or restoration and construction work shall not be deemed a trespass. All amounts expended by the Corporation, together with interest thereon at the rate of eighteen (18%) percent per annum from thirty (30) days after the date of notification of the violation and all costs and reasonable attorneys fees incurred by'the Corporation shall be treated as an assessment subject to the provisions for the collection of assessments as set forth herein. Section 6. Effect of Waiver of Violation. No waiver of a breach of or violation of any of the terms, provisions and covenants in this Declaration, or in the Articles or By- Laws, shall be construed to be a waiver of any succeeding breach or violation of the same term, provision or covenant of this Declaration, or the Articles or By-Laws. Section 7. Instruments Governinq Private Property and Owners of Lots. This Declaration and the Articles and By-Laws, and any lawful amendments thereto shall govern the Private Property and the rights, duties and responsibilities ofthe Owners of Lots. Section 8. HUD/FHA, VA, FNMA Approval. If the Property is approved by the Department of Housing and Urban Development ("HUD") as a Planned Unit Development, as long as there is a Class B membership, the following actions will require the prior approval of HUD/FHA or the Veterans Administration or the Federal National Mortgage Corporation: Annexation of additional properties, mergers and consolidations, mortgaging of Private Property, and amendment of this Declaration of Covenants, Conditions and Restrictions. Section 9. Declarant's Disclaimer of Representations. Notwithstanding anything to the contrary herein, Declarant makes no warranties or representations whatsoever that the plans presently envisioned for the complete development of the Property can or will be carried out, or that any real property now owned or hereafter acquired by it is or will be subjected to this Declaration, or that any such real property (whether or not is have been subjected to this Declaration) is or will be committed to or developed for a particular (or any) use, or that if such real property is once used for a particular use, such use will continue in effect. While Declarant has no reason to believe that any of the restrictive covenants and other provisions contained in this Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes nq 18 Bon~ 15420 PAGE 1091 warranty or representation as to the present or future validity or enforceability of any such restrictive covenant and other provisions. Any Owner acquiring a Lot in reliance on or more of such restrictive covenants and other provisions herein shall assume all risks of the validity and enforceability thereof and by accepting a deed to the Lot agrees to hold Declarant harmless therefrom. Section 10. Notice to Owners. Whenever notices are required to be given hereunder, the same-shall be sent -to the Owner by United States First Class Mail, postage prepaid, at the address of the Home situated upon the Lot. Such notices shall be deemed given when deposited in the United States Mail. Any Owner may change his mailing address by written notice given to the Declarant or the Corporation at: 1192 East Newport Center Drive, Suite 150 Deerfield Beach, Florida 33442 (or the official address of the Corporation as may be designated from time to time.) Section 11. Grammatical Construction. Wherever the context so requires, the use of any gender shall be deemed to include all genders, and the use of the singular shall include the plural, and the plural shall include the singular. Section 12. Conflicts. In the event of any conflict between the provisions of this Declaration, the Articles and the By-Laws, the provisions of this Declaration, the Articles and the By-Laws shall control in that order. Section 13. Transfer of Surface Water Manaqement System. Should the Corporation cease to exist the surface water management system, property containing the surface water management system and water management portions of Private Property shall be conveyed to an agency of local government determined to be acceptable by South Florida Water Management District. If said agency of local government declines to accept the conveyance, then the surface water management system, property containing the surface water management system and water management portions of the Private Property will be dedicated to a non-profit corporation similar to the Corporation. Section 14. Amendments Pertaininq to Surface Water Manaqement System. Any Amendment proposed to this Declaration which would affect the surface water management system, conservation areas or water management portions of Private Property shall be submitted to the South Florida Water Management District for review prior to finalization of the Amendment. The South Florida Water Management District shall determine if the proposed Amendment will require a modification of the environmental resource or surface water management permit. If a permit modification is necessary, the modification must be approved by the South Florida Water Management District prior to the Amendment of the Declaration. Section 15. Surface Water ManaQement. No Owner or any other person or entity other than Declarant shall do anything to adversely affect the surface water management and drainage of the Property without the prior written approval of the Corporation and any controlling governmental authority, including but not limited to the excavation or filling in of any lake or canal, or the changing of the elevation of any portion of the Property, provided the foregoing shall not be deemed to prohibit or restrict the initial construction of improvements upon the Property by Declarant or by the developer of any portion of the Property in accordance with permits issued by controlling governmental authorities. In particular, no Owner other than Declarant shall install any landscaping or place any fill on a Lot which would adversely affect the drainage of any contiguous Lot. Section 16. Riqhts of South Florida Water ManaQement District. The South Florida Water Management District has the right to take enforcement action, including a civil action for an injunction and penalties, against the Corporation to compel the Corporation to correct any outstanding problems with the surface water management system facilities or any mitigation or conservation areas under the responsibility o~ lq BOOK 15420 PAGE 1092 control of the Corporation. Section 17. South Florida Water Mana~ement District Permit. The Environmental Resource or Surface Water Management Permit is made a part of this Declaration and attached hereto as Exhibit "F". Copies of the permit and any future permit actions of the South Florida Water Management District shall be maintained by the Registered Agent of the Corporation for the benefit of the Corporation. Section 18. HOME SECURITY MONITORING SERVICES. THE CORPORATION HAS ENTERED INTO AN AGREEMENT WITH BRINK'S HOME SECURITY, INC., A DELAWARE CORPORATION ("BRINK'S") PURSUANT TO WHICH ALL OF THE OWNERS WILL BE PROVIDED HOME SECURITY MONITORING SERVICES WHICH WILL BE CHARGED AS ASSESSMENTS. A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "Goo. THE CORPORATION MAY REFUSE ENTRY INTO THE PROPERTY BY ANY REPRESENTATIVE OF ANY SECURITY MONITORING COMPANIES OTHER THAN BRINK'S. DECLARANT AND THE CORPORATION WILL HAVE NO LIABILITY OF ANY KIND OR NATURE DUE TO THE FAILURE OF BRINK'S TO DETECT OR REACT TO FIRE, UNAUTHORIZED ENTRY, .OR OTHER SECURITY PROBLEM IN ANY HOME. Section 19. FP&L EASEMENT. ALL PARTIES ARE HEREBY NOTIFIED OF FLORIDA POWER & LIGHT ("FP&L") OVERHEAD POWER TRANSMISSION LINES IN THE VICINITY OF THE PROPERTY. THE EASEMENT GRANTING FP&L THE RIGHT TO USE SAID FACILITIES IS HEREBY ATTACHED HERETO AS EXHIBIT "B". Section 20. LAND USE COMPATIBILITY NOISE ZONE. ALL PARTIES ARE HEREBY NOTIFIED THAT THE PROPERTY IS LOCATED WITHIN THE PALM BEACH COUNTY LAND USE COMPATIBILITY NOISE ZONE AND THAT AIRCRAFT NOISE MAY BE OBJECTIONABLE. Section 21. Limitation' of Liability of Corporation. NOTWITHSTANDING ANYTHING CONTAINED HEREIN OR IN THE ARTICLES OF INCORPORATION, BYLAWS, ANY RULES OR REGULATIONS OF THE CORPORATION OR ANY OTHER DOCUMENT GOVERNING OR BINDING THE CORPORATION (COLLECTIVELY, THE "CORPORATION DOCUMENTS"), THE CORPORATION SHALL NOT BE LIABLE OR RESPONSIBLE FOR, OR IN ANY MANNER BE A GUARANTOR OR INSURER OF, THE HEALTH, SAFETY OR WELFARE OF ANY OWNER, OCCUPANT OR USER OF ANY PORTION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, RESIDENTS AND THEIR FAMILIES, GUESTS, INVITEES, AGENTS, SERVANTS, CONTRACTORS OR SUBCONTRACTORS OR FOR ANY PROPERTY OF ANY SUCH PERSONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) IT IS THE EXPRESS INTENT OF THE CORPORATION DOCUMENTS THAT THE VARIOUS PROVISIONS THEREOF WHICH ARE ENFORCEABLE BY THE CORPORATION AND WHICH GOVERN OR REGULATE THE USES OF THE PROPERTY HAVE BEEN WRITTEN, AND ARE TO BE INTERPRETED AND ENFORCED, FOR THE SOLE PURPOSE OF ENHANCING AND MAINTAINING THE ENJOYMENT OF THE PROPERTY AND THE VALUE THEREOF; (b) THE CORPORATION IS NOT EMPOWERED, AND HAS NOT BEEN CREATED, TO ACT AS AN ENTITY WHICH ENFORCES OR ENSURES THE COMPLIANCE WITH THE LAWS OF THE UNITED STATES, STATE OF FLORIDA, PALM BEACH COUNTY AND/OR ANY OTHER JURISDICTION OR THE PREVENTION OF TORTIOUS ACTIVITIES; AND (c) ANY PROVISIONS OF THE CORPORATION DOCUMENTS SETTING FORTH THE USES OF ASSESSMENTS WHICH RELATE TO HEALTH , SAFETY AND/OR WELFARE SHALL BE INTERPRETED AND APPLIED ONLY AS LIMITATIONS ON THE USES OF ASSESSMENT FUNDS AND NOT AS CREATING A DUTY OF THE CORPORATION TO PROTECT OR FURTHER THE HEALTH, SAFET'lj 20 BOP' 15420 PAGE 1093 OR WELFARE OF ANY PERSON(S), EVEN IF ASSESSMENT FUNDS ARE CHOSEN TO BE USED FOR ANY SUCH REASON. EACH OWNER (BY VIRTUE OF HIS ACCEPTANCE OF TITLE TO HIS HOME) AND EACH OTHER PERSON HAVING AN INTEREST IN OR LIEN UPON, OR MAKING USE OF ANY PORTION OF THE PROPERTY (BY VIRTUE OF ACCEPTING SUCH INTEREST OF MAKING SUCH USES) SHALL BE BOUND BY THIS PROVISION AND SHALL BE DEEMED TO HAVE AUTOMATICALLY WAIVED ANY AND ALL RIGHTS, CLAIMS, DEMANDS AND CAUSES OF ACTION AGAINST THE CORPORATION ARISING FROM OR CONNECTED WITH ANY MATTER FOR WHICH THE LIABILITY OF THE CORPORATION HAS BEEN DISCLAIMED IN THIS PROVISION. AS USED IN THIS SECTION, "CORPORATION" SHALL INCLUDE WITHIN ITS MEANING ALL OF THE CORPORATION'S DIRECTORS, OFFICERS, COMMITTEE AND BOARD MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS (INCLUDING MANAGEMENT COMPANIES), SUBCONTRACTORS, SUCCESSORS AND ASSIGNS. THE PROVISIONS OF THIS ARTICLE SHALL ALSO INURE TO THE BENEFIT OF THE DECLARANT AND ITS AFFILIATES, WHICH SHALL BE FULLY PROTECTED HEREBY. Jo IN WITNESS WHEREOF, D.R. Horton, Inc. has executed this Declaration, this_ ~ day of June, 2003. Signed, sealed and delivered in the presence of: ~p~&1 I "...) / . , .' //. ,..', L.;:;:!c_-- N?rrle:. ;//.,'2.{ .;J;/)/!{/5"'I) , D.R. Horton, Inc., a Delaware corporation ~~ By: C-/ Paul Romanowski, Vice-President STATE OF FLORIDA ) ) SS COUNTY OF BROWARD ) The foregoing instruction was acknowledged before me this ill day of June, 2003, by Paul Romanowski, as Vice-President and Rafael Roca, as Assistant Secretary, of D.R. Horton, Inc., a Delaware corporation, on behalf of said Corporation. The foregoing persons identified themselves by producing their driver's license issued by the State of Florida. AttestW .-D ~ Rafael Roca, Assistant Secretary My Commission Expires: NO\!, 4(lOOG ,CDNJ. fI2LLuQf1b Name: Notary Public, State of Florida at Large H:\HbraryICONTINEN\026626\document\declarationcoYenanls-(RED)-may19.rtf c y DANA DlllLLANTE Nal' AIlV pUlJUC ,1'11 TE OF FLORIDA ,COMMISSION N(), Ol)i62U1S MV COMI\,l1~S!:~~'Lf:?~t_._~l~.~; ,:~J~Y.! ,.,....,~,........-...~~,-"''''..... " BOO~ 15420 PAGE 1094 JOINDER Palmyra Estates Homeowners' Association, Inc., a not-for-profit Florida corporation, whose mailing address is 1192 East Newport Center Drive, Suite 150, Deerfield Beach, Florida 33442, hereby approves and joins in the Declaration of Covenants, Restrictions, Conditions and Easements of Three Oaks and the Exhibits attached thereto, and agrees to be bound by the terms thereof and will comply with and perform the terms and conditions of the Declaration. In Witness Whereof, Palmyra Estates Homeowners' Association, Inc. has executed this Joinder on this l2L day of June, 2003. Signed, sealed and delivered in the presence of: Palmyra Estates Homeowners' Association, Inc. , / / / , ~'l');,r ,-/ / ' , By' /' C / ,<'/%/ / .;'// ." . MiCha~Hl)~pllr;;; president':. : ' (Corporate Se~l(" ,. J 'f .> Name: (. :' /:, ' STATE OF FLORIDA ) :SS. ) /' , COUNTY bF BROWARD " , {' " The foregoing instruction was acknowledged before me this \&ay of June, 200~,:by Michael Humphries, as President of Palmyra Estates Homeowners' Association, Inc., a not- for-profit Florida corporation, on behalf of said Corporation. The foregoing person is well known to me. 01na- fZsulli:1Wf Name: Notary Public, State of Florida at Large My CNOVSSiOl\ ~m H:\Ilbrary\CONTINEN\026626\document\declaralloncovenants.(RED)-may19.rtf I DANAIlIlI'L~ , NarA\l.'if1J\11JC51'ATECJIl~ . COMMISSION NO. oOl6:lllt M'! Q2MJ):!lf&ION EXP. NO'l1. ~ 22 BOQV 15420 PAGE 1095 EXHIBIT "A" All of the Property contained within Dahlgren P.U.D. according the Plat thereof, recorded in Plat Book 98, Pages 169 and 170 of the Public Records of Palm Beach County, Florida. H:\library\ CONTINIiN\026626\document\Exhibit A.wpd BOO~ 15420 PAGE 1096 EXHIBIT" A-1" Tracts A-1, A-2, B-1, B-2, B-3, B-4, B-5, B-6, C-1, C-2, C-3, C-4, C-5, C-6, C-7, C-8, L-1, L-2, R-1 and R-2 of the Plat of Dahlgren P.U.D., as recorded in Plat Book 98, Pages 169 and 170 of the Public Records of Palm Beach County, Florida H:\library\ CONTINEN\026626\documellt\Exhiblt A-l.wpd