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INTEROFFICE MEMORANDUM
TO: MR. MICHAEL R. COUZZO, JR., VILLAGE MANAGER
FROM: JEFFERY C. NEWELL, COMMUNITY DEVELOPMENT
SUBJECT: TENTATIVE/FINAL PLAT APPROVAL "TEQUESTA TRACE"
DATE: 6/ 3/2002
Subdivision Regulations Article II, section 4(4) set forth the guidelines for submission of a "Tentative Final"
and "Final Plat" approval.
Tequesta Trace hereby comes before the Village Council for approval of the Tentative/Final Plat Approval
based on the following criteria:
1) Submission of a completed plat meeting the criteria as set forth in Article III, Section 2.
2) Submission of a final draft of the "Declarations of Covenants and Restrictions".
3) Submission of a Surety Bond in the amount of 110% of construction costs. (this bond permits the
applicant to seek approval to record plat with the condition that a certificate of occupancy cannot
be issued until the improvement are completed and accepted by the village of Tequesta).
4) Final review by staff.
Staff has review all the submitted material and has found that the submitted plat has met the requirements of
the subdivision regulations. All the concerns of the Village of Tequesta have been resolved and are stated in the
declarations.
Staff recommendation of approval is conditioned on the following:
1) Meeting the criteria as outlined in Article II, section 5(1). The deposit of the surety bond with the
Village of Tequesta. This bond shall be deposited with the Village prior to the June 13, 2002
Council meeting.
2) Upon completion and acceptance of the remaining improvements, the Village of Tequesta will be
able to issue certificate of occupancies. The remaining improvements consists of sidewalks, street
lighting, final lift of asphalt, remaining curbing and entry off of Old Dixie Highway, and other
improvements not listed.
The subdivision regulations provide the developer with a "fast -track" procedure after the approval of the
tentative final plat. This is located in Article II, Section 5(1) "procedure following tentative approval of the final
plat by the village council". After the approval of the "tentative" plat the developer has two tracks to choose
from, they are as follows:
/"\
1) The installation of all the improvements to the site. The developer cannot apply for the final plat approval
until the Village of Tequesta has accepted all the improvements.
2) "Fast -track" [Article II, section 5(1)] — the developer deposits a surety bond in the amount of 110% of the
costs to install the improvements to the site. This will allow the developer to proceed to the approval of
the "final plat" and enable the recording of the plat into the public records of Palm Beach County. There
is a condition that is placed on this approach. No certificate of occupancy can be issued until all the
improvements to the site have been installed and accepted by the Village of Tequesta.
The Village Council, at their discretion, may combine the "tentative/final" plat approval that is
accompanied with the receiving of the Surety Bond.
Staff recommends the approval of the "tentative/ final plat" based on the conditions listed on page one (1) of this memo.
Staff is aware of the completion and acceptance of the water, sewer, and utilities improvements. The surety bond is in
place to cover the remaining improvements.
Centex Homes is in full knowledge of the conditions that apply to this arrangement. Therefore, staffs recommends the
approval of the tentative/final plat and allow the developer to record the plat into the public records of Palm Beach
County.
n
2
SUBDIVISION BOND
Bond No. 6167446
NOW ALL MEN BY THESE PRESENTS, that we CENTEX HOMES, A Nevada General Partnershi
as Principal, and SAFECO INSURANCE COMPANY OF AMERICA
authorized to do business in the State of FLORIDA
OF TEQUESTA
,as Surety, are held and firmly bound unto VILLAGE
as Obligee, in the penal sum of One Hundred Nine Thousand Three Hundred Eighty Nine and 31/100 - - - - - - - - - - - - - - - - - - - -
---------------------------------------------($109,389.31
) DOLLARS, lawful money of
the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, CENTEX HOMES, A Nevada General Partnershi
has agreed to construct in TEQUESTA TRACE
I
the rollowing improvements:_ STREET LIGHTING, PAVING, CURBS, SIDEWALKS AND PAVEMENT MARKING & SIGNING
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
construct, or have constructed, the improvements herein described and shall save the Obligee harmless from any loss, cost or
damage by reason of its failure to complete said work, then this obligation shall be null and void; otherwise to remain in full
force and effect.
Signed, sealed and dated this
N
31 ST day of
M
, 2002
CENTEX HOMES, A Nevada General Partnership
Principal
SAFECO INSURANCE COMPANY OF AMERICA
By:
BRIDGETTE S. JACKSON Attorney -in -Foci
S-3689/GEEF 2/98 —_,_ a ' 1 ( I-n, 0
COUNTERSIGNED BY:1��--R-
f
POWER
Ca S A F E C o® OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
No. 7386
.OW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
appoint
•'•"'"•'LAWRENCE W. WALDIE; CARMEN MIMS. BRIAN M. LEBOW; DEBORAH GRIFFITH; ALLYSON DEAN; BRIDGETTE S. JACKSON; Dallas, Texas••"""'
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this Ist
day of June
R.A. PIERSON, SECRETARY MIKE M PGAVICCK, PRESIDENT
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
2001
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
cessary to the validity of any such instrument or undertaking."
r Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the powerof-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the
foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and
correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this day of
SEAL )RIA
x
R.A. PIERSON, SECRETARY
S-0974/SAEF 2/01 0 A registered trademark of SAFECO Corporation
8/1/01 PDF
CENTEX HOMES
• 8198 Jog Road, Suite #200 • Boynton Beach, FL 33437 • Phone: (561) 536-1031 • Fax: (561) 536-1060 •
MEMO
Date: 6/3/02
To: Jeff Newell
Re: TequestaTrace
From: Richard Reace
cc: Michael Nisenbaum
As per your request, enclosed is the Tequesta Trace Subdivision Bond. Please let me know if
you need any additional information for the approval of the plat.
Thank you
SCHNARS ENGINEERING CORPORATION
951 Broken Sound Parkway, Suite 108 - Boca Raton, Florida 33487 Tel: (561) 241-6455 Fax: (561) 241-5182
3ermit No. Schnars Job No.: 00-136 Prepared by: Jim Mahannah
Control No.: Lender: Developer: Centex Homes
Tequesta Trace Plat Bond Estimate
Original Cost Estimate
DESCRIPTION
I Street Lighting
Street Lights
SUBTOTAL
ORIGINAL
QUANTITY UNITS UNIT TOTAL
PRICE
LS $25,000.00 $25,000.00
$25,000.00
SCHNARS ENGINEERING CORPORATION
951 Broken Sound Parkway, Suite 108 - Boca Raton, Florida 33487 Tel: (561) 241-6455 Fax: (561) 241-5182
- ermit No. Schnars Job No.: 00-136 Prepared by: Jim Mahannah
Control No.: Lender: Developer: Centex Homes
Tequesta Trace Plat Bond Estimate
Original Cost Estimate
DESCRIPTION QUANTITY UNITS UNIT TOTAL
PRICE
IL Paving Curbs, Sidewalk, etc.
3/4" Type !!I Asphalt
5,793
SY
$2.50
$14,482.50
Pavers
150
SY
$27.00
$4,050.00
Types Curb
1,000
LF
$7.00
$7,000.00
Type "F" Curb &Gutter
110
LF
$8.00
$880.00
4" Conc. Sidewalks
7,819
SF
$2.25
$17,592.75
6" Conc. Sidewalks
2,520
SF
$3.00
$7,560.00
12" Header Curb
276
LF
$5.00
$1,380.00
Sawcut and tie into exisitng asphalt
1
EA
$1,500.00
$1,500.00
Concrete Wheel Stops
45
EA
$15.00
$675.00
SUBTOTAL
$55,120.25
r.
SCHNARS ENGINEERING CORPORATION
951 Broken Sound Parkway, Suite 108 - Boca Raton, Florida 33487 Tel: (561) 241-6455 Fax: (561) 241-5182
-3ermit No. Schnars Job No.: 00-136 Prepared by: Jim Mahannah
Control No.: Lender: Developer: Centex Homes
Tequesta Trace Plat Bond Estimate
Original Cost Estimate
DESCRIPTION QUANTITY UNITS UNIT TOTAL
PRICE
111. Pavement Marking & Signing
6" Double Thermoplastic (Yellow)
300
LF
$0.75
$225.00
6" Solid Thermoplastic (White)
1,253
LF
$0.40
$501.20
6" Solid Thermoplastic (Yellow)
20
LF
$0.40
$80.00
6" Solid Thermoplastic (Blue)
5 0
LF
$0.40
$20.00
Blue Painted H.C. Symbol
2
EA
$75.00
$150.00
24" Stop Bar
120
LF
$2.25
$270.00
Directional Arrows
1
EA
$75.00
$75.00
Stop Signs R1-1
10
EA
$350.00
$3,500.00
D-3 Street Signs
10
EA
$250.00
$2,500.00
Reflective Pavement Markers
28
EA
$2.50
$70.00
SUBTOTAL
$7,391.20
SCHNARS ENGINEERING CORPORATION
951 Broken Sound Parkway, Suite 108 - Boca Raton, Florida 33487 Tel: (561) 241-6455 Fax: (561) 241-5182
'ermit No. Schnars Job No.: 00-136 Prepared by: Jim Mahannah
Control No.: Lender: Developer: Centex Homes
Tequesta Trace Plat Bond Estimate
Original Cost Estimate
DESCRIPTION
TOTAL
SUMMARY
I. Street Lighting $25,000.00
II. Paving, Curbs, Sidewalk, etc. $55,120.25
III. Pavement Marking & Signing $7,391.20
SUBTOTAL $87,511.45
TOTAL BOND AMOUNT = SUBTOTAL X 125% $109,389.31
James W. Mahannah Date
Florida P.E. No. 47066
•
Loxahatchee River District
2500 Jupiter Park Drive, Jupiter, Florida 33458-8964
Telephone (561) 747-5700 Fax (56t) 747-9929
e-mail: osprey@ loxahatcheeriver.org
Celebrating
Richard C. Dent, Executive Director 30 .Years
May 29, 2002
Mr. Jeffery C. Newell
Director of Community Development
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469-0273
Re: Tequesta Tract
Sanitary Sewer System
Award Winning
Regional Wastewater Fetcility
Best in Nation. E.P.A.
Best in State. D.E.P.
Dear Jeff:
Be advised that the District performed a final inspection on the above referenced
sanitary sewer system. All items were found to be in substantial compliance with
our construction standards and the system was approved on April 29, 2002
The Palm Beach County Health Department released the system for service on
May 6, 2002.
If you require any additional information, please feel free to call me at my office.
Very truly yours,
Paul P. Brienza, P.E.
Director of Engineering Services
PPB/lml
Eng/Gen/Newell
Loring E. "Snag" Holmes Matt It. Rostock Joseph O. Ellis Richard C. Sheehan Sawyer Thompson, Jr.
Board Member Board Member Chairman Board Member Board Member
John 0. Ai--O"i• dvt.
Job Hwfi
May 6, 2002
Richard C. Dent III, Executive Director
Loxahatches ftiverEronmental Contras District
2500 Jupiter Park D
Jupiter FL 33458
PROJECT: Tequesta Trace
sEWER PERMrr NO.; 138774-068-OWC
Dear Mr. Dent is � leasE
cad roiect is hereby released for service to watettle r and/or sewage system has' been
The referee pthe
based on certification by the en9mance with plans
previously approved by this agency.
constructed in subsr
The system is released to the full extent of the approved plans.
Sincerely.
For the Division Director
Division of Environmental Health & Engineering
James Holland
Environmental Engineer
Plan Review and Permits
FJGIJHrjh
cc: Engineer -of -record: James W. Mehannah, P.E.
Palm Bwh COUM � p4dmBea* FL 33101
-- PA. Box 29,901 Everna SU"s,
I- • � 7blb 992 T 9S Sl I W83d ' aNt1 ' M3I ^3N ' NO1d Wd 00 = Z0 Z0-6Z-AUW
VILLAGE OF TEQUESTA
UTILITIES DEPARTMENT
Post Office Box 3474 • 136 Bridje Road
Tequesta, Florida 33469-0474 • (561) 575-6234
Fax: (561) 575-6245
May 22, 2002
Mr. Trent Bass
Centex Homes
8198 Jog Road
Suite 200
Boynton Beach, Florida 33437
SENT VIA FAX & US MAIL
RE: TEQUESTA TRACE / LETTER OF ACCEPTANCE
Dear Mr. Bass:
Pursuant to the terms and conditions of our Standard Water Service Agreement,
please allow this letter to serve as a formal acceptance by the Tequesta Utilities
Department for the water system appurtenances for Tequesta Trace. The Utilities
Department will assume total operation and maintenance of these appurtenances
after you receive the final Certificate of Occupancy upon completion of the project.
As stipulated in our Agreement, your warranty period will expire one year from the
date of the last Certificate of Occupancy. Should we be required to make any
necessary repairs to the system prior to the expiration of this one year period, you will
be invoiced accordingly.
Should you have any questions or concerns, please do not hesitate to give me a call.
Sin el ,
ZL �/—' �-t -
Russell K. White
Public Services Supervisor
c: Michael R. Couzzo Jr, Village Manager
Jeffrey Newell, Director of Community Development
rN James W. Mahannah, P.E., Schnars Engineering Corporation
05/16/2002 09:22 561-575-6245 PUBLIC WORKS FAG PAGE 01
VILLAGE OF TEQUESTA
UTILITIES DEPARTMENT
Post Office Box 3474. 136 Bridge Road
Tequesta. Florida 33469-0474 • (561) 575-6234
Fax: (561)575-6245
May 16, 2002
Mr, James W. Mahannah, P-E.
Schnars .Engineering Corporation
951 Broken Sound Parkway
Suite 108
Boca Raton, Florida 33487
Re: Tequesta Trace Project f Final Plat Approval
Dear Jim,
SENT VIA FAX & US MAIL
I have spoken with Brad Woods from Centex Homes regarding the above referenced, and
I am waiting for the Bill of Sale, and -Contractors Release of Lien to be recorded by the
Village Attorney.
After these documents are Teviewed for legal sufficiency, -and recorded, I will issue
Centex Homes a Letter of Acceptance for this project. Please note that the `Letter of
Acceptance will have a stipulation that Centex Homes -will be required to repair any
damage to the infrastructure caused by any of.their.sub contractors until they receive the
Certificate of Occupancy on the last building.
If you require additional information from my Department, please feel free to call me.
Sin ze
Russell K. White
Public Services Supervisor
cc: Michael R. Couzzo Jr.,- Utilities Director
JeffNewell, Director of Community Development
05/06/02 MON 16:41 FAX 1 561 241 5182 SCHNARS ENGINEERING CORP
0 001
C O V E R
FAX
S H E E T
To:
Jeff Newell
Director of Community Development
Village of Tequesta
Fax #:
(561) 575-6224
Subject:
Tequesta Trace
Date:
May 6, 2002
pages:
3, including this cover sheet.
COMMENTS:
Jeff, here are the final water a13d sewer releases from the Heath Department. The 'Utilities
Department is waiting for an original release of lien aad bill of sale to complete the conveyance
package. Please lot me know what additional infonalatioti you need to continue with plat
%-111 recordation. Thaak you.
From the desk of.,.
James W. Mahannah, P.E.
vice President
schnars Enginaaring Corporation
951 Broken Sound Parkway, Sulto 108
Boo& Raton, FL 33487
(561) 241-6455
Fax: (561) 241-5182
05/06/02 MON 16:42 FAX 1 561 241 5182 SCHNARS ENGINEERING CORP
IM 002
)FLORMA DEPARTUM OF
?,-**N Jeb Bush John 4. Agwunobi, M.D., M.B.A.
Govemor Secretuy
January 8, 204
Mike Estok, Utility Director
Village of Tequesta
210 Military Trail
Jupiter, Florida 33458
Dear Mr. Estok:
PROJECT: Tequesta Trace
WATER PERMIT NO: 138296-016-DSGP
The referenced project is hereby released for service to the extent indicated below. This
release is based on certification by the engineer -of -record that the water and/or sewer system
has been constructed in substantial conformance with plans previously approved by this
agency.
X—The system is released to the full extent of the approved plans.
�r+� The system is partially released, and limited to
1 The system is released for construction water only:
_ A. Full extent
S. Partially, and limited to
Sincerely,
For the Division Director
Division of Environmental Health & Engineering
Rasik Chokshi
Environmental Engineer
Plan Review and Permits
FJG/RC/bj
Cc: Engineer -of -record: James W. Mahannah, P.E.
Palm Beach County Health Department
P.O. Box 29, 9o1 Evernin Street, West Palm Beach, FL 33401
05/06/02 MON 16:42 FAX 1 561 241 5182 SCHNARS ENGINEERING CORP
1&003
HEUor
Jeb Bush Tobn o.Agwunobi, M.n. M.B.A.
Governor secretary
May 6, 2002
Richard C. Dent III, Executive Director
Loxahatchee River Environmental Control District
2500 Jupiter Park Drive
Jupiter FL 33458
PROJECT: Tequesta Trace
SEWER PERMIT NO.: 138774-068-DWC
Dear Mr. Dent:
The referenced project is hereby released for service to the extent indicated below. This release is
based on certification by the engineer -of -record that the water and/or sewage system has been
constructed in substantial conformance with plans previously approved by this agency.
I The system is released to the full extent of the approved plans_
Sincerely,
For the Division Director
Division of Environmental Health & Engineering
James Holland
Environmental Engineer
Plan Review and Permits
FJC/JH/jh
cc: Engineer -of -record: James W. Mahannah, P.E.
Palm Beach County Health Dcputment
P.O. Box 29, 901 Evcmia Strcct, West Palm Beacb, FL 33401
10435 Ironwood Road
Palm Beach Gardens, FL 33410
Phone (561)627-3600
Ade'ph'a Fax (561) 627-1266
?10'1
May 28, 2002
Mr. Brad Woods
Centex Homes
Re: Tequesta Trace
Mr. Woods:
This letter is to confirm Adelphia's availability of service to the above -mentioned
(0"N property. Currently we are 40% complete with the construction of our external cable
plant.
Thank you and we look forward to serving your property.
Sin rely,
Don E. Benson
Construction Supervisor
Cc: Village Council of Tequesta
C:\My Documents\Documents\New Construction\LETTERS\Don Benson\Cable Availability\Tequesta Trace.doc
Equal Opportunity Employer
O BELLSOUTH
BellSouth Telecommunications, Inc. 561 439-9100
Engineering Fax 561 964-3499
2021 South Military Trail Pager 561 885-9220
West Palm Beach, Florida 33415
Tequesta Village Council
As of 5-30-2002 BellSouth is 10% complete with the Tequesta Trace Project.
4 � � e '/', Z�
Bill Reader / 746-3693
BellSouth Engineering
n
Paul S. Davis
Director
�II� Florida Power &Light Company
Blvd
100 S. Delaware
Jupiter Fl.
FPL 33458
August 15, 2001
Mr. Michael J. Nisenbaum
Centex Homes
8198 Jog Road, Suite #200
Boynton Beach, FL 33437
Tequesta Trace Property, Tequesta Fl.
Dear Mr. Nisenbaum ,
Per your request stating the percentage of FPL work for the above -mentioned property as of today, 5/29/02 FPL is 90%
complete.
FPL is still awaiting to receive recorded Easements.
Thank you,
&oeDragon
oject Manager
Florida Power & Light Co.
an FPL Croup Company
SCHALAR5
ENGINEERING CORPORATION
May 31, 2002
Mr. Jeffery C. Newell
Director of Community Development
Village of Tequesta
250 Tequesta Drive, Suite 350
Tequesta, FL 33469-0273
RE: Tequesta Trace Plat
Schnars Engineering Corp. Project No. 00136
Mr. Newell:
Jeffrey T. Schnars, PE.
President
James W. Mahannah, P.E.
Vice President
Based on field reviews under my responsible charge, it is my professional opinion that the paving (1" lift of
asphalt only), grading and storm drainage improvements for the above referenced plat have been constructed in
substantial accordance with the approved construction plans. 2°d lift of asphalt will be applied prior to the
issuance of the last certificate of occupancy.
Sincerely,
SCHNARS ENGINEERING CORPORATION
:James W. Maharnah, P.E., Vice President
CIVIL ENGINEER
FLORIDA REGISTRA-TION No. 47066
(FOR THE FIRM)
copy: Mike Nisenbaum, Centex Homes
951 Broken Sound Parkway, Suite 108 • Boca Raton, FL 33487 • Tel: (561) 241-6455 • Fax: (561) 241-5182
1 Return to: (enclose self-addressed stamped envelope)
Name:
Address:
This Instrument Prepared by:
Mark F. Grant, Esq.
Ruden, McClosky, Smith
Schuster & Russell, P.A.
200 East BTOward Boulevard
15th Floor
Fort Lauderdale, Florida 33301
DATA
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR
DECLARATION OF CONDOMINIUM
OF
TEQUESTA TRACE, A CONDOMINIUM
CENTEX HOMES, a Nevada general partnership ("Developer"), as owner in fee simple of
the "Land" (as hereinafter defined), whose principal office is located at 8198 Jog Road, Suite 200,
A' , Boynton Beach, FL 33437, hereby makes this Declaration of Condominium of Tequesta Trace, a
Condominium ("Declaration") to be recorded amongst the Public Records of Palm Beach County,
Florida ("County"), where the Land is located, and states and declares:
1. SUBMISSION STATEMENT
Developer is the owner of record of the "Condominium Property" (as hereinafter defined)
and does hereby submit "Phase 2" (hereinafter referred to as the "Initial Phase") to condominium
ownership pursuant to the Condominium Act, Chapter 718, Florida Statutes, as amended through
the date of recording this Declaration amongst the Public Records of the County ("Act").
The name by which the condominium created hereby ("Condominium") and the
Condominium Property are to be identified is:
TEQUESTA TRACE, A CONDOMDUUM
3. PHASE CONDOMINIUM -LAND
The land which will have become part of the Condominium Property when, as and if all of
the "Phases" (as hereinafter defined) are added to the Condominium Property is described in
Exhibit A ("Land") attached hereto and made a part hereof. The legal description of the portion of
the Land ("Initial Phase Land") constituting "Phase 2" of the Condominium Property is set forth on
Exhibit B-2 attached hereto and made a part hereof. The legal descriptions of the portions of the
Land constituting each "Subsequent Phase" (as hereinafter defined) of the Condominium Property
NAP:23654:8 I
^° are set forth on Exhibits B-1 and B-3 through B-17, inclusive, attached hereto and made a part
hereof.
4. DEFINITIONS
The terms contained in this Declaration shall have the meanings given in the Act and, for
clarification, the following terms have the following meanings:
4.1. "Act" means the Condominium Act, Chapter 718, Florida Statutes, as amended
through the date of recording this Declaration amongst the Public Records of the County.
4.2. "Architectural Review Committee" or "ARC" means the committee established by
the Board and described in Section 17 hereof.
4.3. "Articles" means the Articles of Incorporation of the Association, attached as
Exhibit C and incorporated herein by reference.
4.4. "Assessments" means the assessments for which all Dwelling Unit Owners are
obligated to the Association pursuant to the Act, as well as common law assessments which are
created by this Declaration and are covenants running with the land, and include:
4.4.1. "Annual Assessment," which includes, but is not limited to, each Dwelling
Unit Owner's annual share of funds required for the payment of "Common Expenses," as determined
in accordance with this Declaration; and
4.4.2. "Special Assessments," which include any Assessments levied by the Board
in addition to the Annual Assessment and are more particularly described in Paragraph 21.11 herein.
4.5. "Association" means Tequesta Trace Condominium Association, Inc., a Florida
corporation not for profit, responsible for operating the Condominium or any other Condominiums
which may be created in Tequesta Trace.
4.6. "Board" means Board of Directors of the Association.
4.7. "Bylaws" means the Bylaws of the Association, attached hereto as Exhibit D and
incorporated herein by reference.
4.8. "Common Elements" means:
4.8.1. The Condominium Property, other than the Dwelling Units;
NAP:23654:8 2
4.8.2. Easements through the Dwelling Units, as applicable, for conduit ducts,
plumbing, wiring and other facilities for furnishing of utility services to Dwelling Units and the
Common Elements;
4.8.3. An easement of support in every portion of a Dwelling Unit which contributes
to the support of a `Building" (as hereinafter defined) submitted to condominium ownership;
4.8.4. Property and installations required for the furnishing of utility services and
other services for more than one Dwelling Unit, the Common Elements, or a Dwelling Unit other
than the Dwelling Unit containing the installation; and
4.8.5. Such portion or portions of the Land, when, as and if same are submitted to
condominium ownership.
4.9. "Common Expenses" means expenses for which the Dwelling Unit Owners are liable
to the Association as defined in the Act and as described in the Condominium Documents and
include:
4.9.1. The expenses for the operation, maintenance, repair or replacement of the
Common Elements, costs of carrying out the powers and duties of the Association, cost of fire and
extended coverage insurance, and security services, if any;
4.9.2. Any other expenses designated, not inconsistent with the Act, as Common
Expenses from time to time by the Board.
4.10. "Common Surplus" means the excess of receipts of the Association collected on
behalf of Tequesta Trace Condominium(s) (including, but not limited to, assessments, rents, profits
and revenues, on account of the Common Elements) over the Common Expenses.
4.11. "Condominium" means that portion of the Land in Tequesta Trace described in
Exhibit A attached hereto and the improvements thereon being submitted to condominium ownership
pursuant to this Declaration as the same may be amended from time to time.
4.12. "Condominium Documents" means in the aggregate this Declaration, the Articles,
Bylaws, any rules and regulations promulgated by the Association and all of the instruments and
documents referred to therein and executed in connection with this Condominium.
4.13. "Condominium Property" means the real property submitted to condominium
ownership as part of the Condominium and all improvements thereon, including, but not limited to,
the Dwelling Units and the Common Elements. The easements described and set forth in this
paragraph are intended to comply with Section 718.104(4)(m) of the Act. Notwithstanding anything
contained herein to the contrary, however, the term "Condominium Property" shall not include any
telecommunications lines and equipment owned by a utility and/or telecommunication firm(s) and/or
other legal entity(ies) which have contracted with or have imposed other legal requirements upon
Developer and/or the Association to provide a utility or telecommunications service and/or
equipment nor shall Condominium Property include telecommunications equipment, if any, owned
NAP:23654:8
by Developer, the title to which is hereby specifically reserved unto Developer, its successors and/or
assigns. No portion of the land within any Subsequent Phase shall be included in the term
"Condominium Property" until and unless such Subsequent Phase is submitted to condominium
ownership by amendment to this Declaration.
4.14. "County" means Palm Beach County, Florida.
4.15. "Developer" means Centex Homes, a Nevada general partnership, its grantees,
corporate successors and assigns. Developer shall have the right to assign any and all of the rights
and privileges reserved for Developer under this Declaration. A Dwelling Unit Owner shall not,
solely by the purchase of a Dwelling Unit, be deemed a successor or assign of Developer or of the
rights of Developer under the Condominium Documents unless such Dwelling Unit Owner is
specifically so designated as a successor or assign of such rights in the instrument of conveyance or
any other instrument executed by Developer.
4.16. "Declaration" means this document and any and all amendments hereto.
4.17. "Dwelling Unit" means "Unit" as described in the Act and is that portion of the
Condominium Property within the Condominium which is subject to exclusive ownership.
4.18. "Dwelling Unit Owner" means "Unit Owner" as set forth in the Act and is an owner
of a Dwelling Unit.
4.19. "Institutional Mortgagee" means any lending institution having a mortgage lien upon
a Dwelling Unit, including, but not limited to, any of the following institutions or entities: (i) a
federal or state savings and loan association or bank doing business in the State of Florida or a life
insurance company doing business in Florida which is approved by the Commissioner of Insurance
of the State of Florida, or bank or real estate investment trust, or a mortgage banking company
licensed to do business in the State of Florida, or any subsidiary thereof licensed or qualified to make
mortgage loans in the State of Florida or a national banking association chartered under the laws of
the United States of America; or (ii) any and all investing or lending institutions ("Lender") which
have loaned money to Developer in order to enable Developer to acquire, or construct improvements
upon, any portion of Tequesta Trace and which holds a first mortgage upon such portion of Tequesta
Trace as security for such loan; or (iii) any pension or profit sharing funds qualified under the
Internal Revenue Code; or (iv) the Veterans Administration or the Federal Housing Administration
or the Department of Urban Development or other lenders generally recognized in the community
as institutional lenders; or (v) such other Lenders as the Board shall hereafter designate as such in
writing which have acquired a mortgage upon a Dwelling Unit; or (vi) any "Secondary Mortgage
Market Institution", including Federal National Mortgage Association or the Federal Home Loan
Mortgage Corporation, and such other Secondary Mortgage Market Institution as the Board shall
hereafter designate as such in writing which has acquired a mortgage upon a Dwelling Unit; or (vii)
Developer, its successors and assigns.
410. "Interest" means the maximum nonusurious interest rate allowed by law on the
subject debt or obligation and, if no such rate is designated by law, then eighteen percent (18%) per
NAP:23654:8
4.21. "Legal Fees" means: (i) reasonable fees for attorney and paralegal services incurred
in negotiation and preparation for litigation, whether or not an action is actually begun, through and
including all trial and appellate levels and post judgment proceedings; and (h) court costs through
and including all trial and appellate levels and post judgment proceedings.
4.22. "Limited Common Element" means those Common Elements which are reserved for
the use of certain Dwelling Units to the exclusion of other Dwelling Units as more particularly
described in Paragraphs 5.3 and 6.2 hereof.
4.23. "Listed Mortgagee" means the holder, insurer, or guarantor of a mortgage
encumbering a Dwelling Unit of which the Association has been notified pursuant to Paragraph 29.4
herein.
4.24. "Owner" or "Dwelling Unit Owner" means "Unit Owner" as defined in the Act, and
is the owner of a Dwelling Unit.
4.25. "Phase" or "Phases" means that portion of the Land and improvements thereon, as
contemplated by Section 718.403 of the Act, which may become part of the Condominium Property
by recording this Declaration or an amendment hereto.
4.26. "Public Records" means the Public Records of the County.
4.27. "Subsequent Phases" means those portions of the Land and improvements thereon,
other than the Initial Phase, which Developer may, but shall not be obligated to, submit to the
Condominium Property, in whole or in part, and shall consist of Phases B-1 and B-3 through B-17,
inclusive.
4.28. "Tequesta Trace" means the name given to the planned residential development
which is currently being developed by Developer, and which is planned to contain one hundred
thirty-four (134) Dwelling Units in sixteen (16) phases, thirteen (13) of which are each to contain
a two (2)-story residential building with eight (8) dwelling units; three (3) of which are each to
contain a two (2)-story residential building with ten (10) dwelling units; a "Recreational Area" (as
hereinafter defined) and other Common Elements, certain drives, parking areas, landscaped areas,
and storm water management system.
5. DESCRIPTION OF IMPROVEMENTS - INITIAL PHASE
5.1. Description of Improvements - Initial Phase.
The portion of the land and improvements ("Initial Phase") being submitted to
condominium ownership pursuant to this Declaration is described on the "Initial Phase Survey" (as
hereinafter defined). The improvements in the Initial Phase include one (1) two (2)-story residential
building (`Building") which contains eight (8) Dwelling Units each of which is designated as
described in Article 5.2.2; and certain road, landscaping and parking areas; and easement rights in
certain property within the Condominium.
NAP:23654:8
5.2. Initial Phase Survey.
5.2.1 Annexed hereto as Exhibit B-2 and made a part hereof is the Survey, Plot
Plan and Graphic Description of Improvements for the Initial Phase which includes a survey of the
land in the Initial Phase, graphic description of the improvements in which the Dwelling Units and
the Common Elements are located and plot plan thereof (all of which are herein collectively referred
to as the "Initial Phase Survey"). The Initial Phase Survey shows and identifies thereon the
Common Elements and every Dwelling Unit, their relative location and approximate dimensions.
There is attached to the Initial Phase Survey and made a part of this Declaration certificate of a
surveyor prepared, signed and conforming with the requirements of Section 718.104(4)(e) of the Act.
5.2.2. Description and Identification of Dwelling Units. The Dwelling Units in
Phase 2 shall be identified by a number (representing the Phase) and a three digit number (e.g. 2101)
and is so referred to herein and in the Exhibits hereto. No Dwelling Unit in any Subsequent Phase
which is added to the Condominium Property shall bear the same identifying number as any other
Dwelling Unit in the Condominium.
5.3 Limited Common Elements.
5.3.1 Covered Patios/Covered Balconies. Each area shown as a "Covered Patio"
or "Covered Balcony" on a Phase Survey shall be a part of the Dwelling Unit to which it is adjacent,
which Covered Patio/Covered Balcony shall be maintained by the Dwelling Unit Owner as well as
any sliding doors or screens adjacent to or part of the Covered Patios/Covered Balconies. In the
event a repair related to the construction of the Covered Patio/Covered Balcony is required, the
Association shall be responsible for such repair. If the Dwelling Unit Owner of the Dwelling Unit
installs a covering on the surface of the Covered Patio/Covered Balcony, such as but not limited to
tile, then the covering shall remain the personal property of such Dwelling Unit Owner and the
Association shall not be responsible for any damage to such personal property in connection with
any repair to the Covered Patio/Covered Balcony. Notwithstanding anything herein to the contrary,
the Association shall be responsible for any painting of the exterior walls of the Covered
Patios/Covered Balconies.
5.3.2 Covered Entry. Each area shown as a "Covered Entry" on the Phase Surveys
shall be a Limited Common Element reserved for the exclusive use of the Dwelling Unit Owner(s)
of the Dwelling Unit(s) adjacent thereto, which Covered Entry shall be maintained by the
Association.
5.3.3 A/C Land. The A/C Land in each Phase upon which is situated all air
conditioning equipment located outside a Dwelling Unit, including the compressors located adjacent
to the Building in which the Dwelling Unit is located and the coolant lines between such
compressors and the Dwelling Unit, shall be a Limited Common Element for the exclusive use of the Dwelling
Unit served thereby. The air conditioning equipment itself shall be owned, maintained, repaired and replaced by
each Dwelling Unit Owner whose Dwelling Unit is served thereby.
NAP:23654:8
5.3.4 Parking. Each area shown on the Phase Surveys as "Parking", which is limited to the
amount of space required to park a vehicle, shall be a Limited Common Element reserved for the exclusive use
of the Dwelling Unit Owner of the Dwelling Unit adjacent thereto, and shall be maintained by the Association.
5.3.5 Garages. The "Garage" shown on the Phase Surveys for each Dwelling Unit shall be
a Limited Common Element reserved for the exclusive use of the Dwelling Unit Owner of such Dwelling Unit.
The Dwelling Unit Owner shall maintain the garage door and appurtenant equipment and the interior of the garage;
the exterior of the garage shall be maintained by the Association.
5.3.6 Driveways. The Association, or any resident of Tequesta Trace with the written approval
of the Association, may to construct one or more of the "Optional Expanded Driveways" as depicted on the
Village of Tequesta's Approved Site Plan for Tequesta Trace (as prepared by Gentile Holloway, & O'Mahoney,
latest revision date January 16, 2001), conditioned upon the approval by the Village of Tequesta Council of a
building permit application for said construction. The Village Council shall have sole discretion to determine
whether to grant such request. The cost to prepare, submit, and gain Village of Tequesta approval for said
construction, as well as the cost of the construction, shall be the obligation of the Association, or resident,
exercising this right.
6. DESCRIPTION OF IMPROVEMENTS IN SUBSEQUENT PHASES
6.1. Subsequent Phases.
6.1.1. Condominium Property. Developer is developing the Condominium Property as a phase
condominium as provided for by Section 718.403 of the Act. In addition to the portion of the Land and
improvements described on the Initial Phase Survey being submitted to condominium ownership pursuant to this
Declaration, Developer contemplates that all or a portion of the Subsequent Phases may, by amendment or
amendments hereto, be added to the Condominium Property as an additional Phase or additional Phases. If, as
and when Subsequent Phases are added, the Condominium Property shall be enlarged and expanded so as to
encompass and include the real property, the improvements thereon, and the easements and rights appurtenant
thereto which are submitted to condominium ownership as parts of such Subsequent Phase or Phases, and each
Subsequent Phase added to the Condominium Property will utilize the Surface Water Management System (as
hereinafter defined) permitted by the South Florida Water Management District.
6.1.2. Subsequent Phase Surveys. Annexed hereto as Exhibits B-1 and B-3 through B-17,
inclusive, are the surveys, plot plans and graphic descriptions of improvements for Phases 1 and 3 through 17
("Phase 1 Survey," "Phase 3 Survey," "Phase 4 Survey," etc.). Notwithstanding any indications to the contrary
herein contained, Developer may make nonmaterial changes in the description(s) of any Subsequent Phase more
particularly described on the Phase 1 Survey, Phase 3 Survey, Phase 4 Survey, etc. (collectively, the "Subsequent
Phase Surveys").
6.1.3. Minimums and Maximums. While at the time of recordation of this Declaration,
Developer plans to include the number of Dwelling Units in each Subsequent Phase intended to contain Dwelling
Units as set forth in the following chart, the Act requires that the Declaration also set forth the minimum and
maximum number of Dwelling Units which Developer reserves the right to add in each Subsequent Phase, which
information is set forth in the following chart:
NAP:23654:8
^' Dwelling Units
Phases
Developer's
Minimum Number
Maximum Number
Plans (for
of Dwelling Units
of Dwelling Units
each Phase)
in each Phase
in each Phase
1, 3-8 & 12-16
7
8
9
9-11
8
10
12
While Developer plans that the general size for each Unit A Dwelling Unit in the Offered
Condominium will be approximately one thousand thirty-six (1,036) air-conditioned square feet,
Unit B Dwelling Units will be approximately one thousand two hundred ten (1,210) air-conditioned
square feet, Unit C Dwelling Units will be approximately one thousand four hundred seventeen
(1,417) air conditioned square feet, Unit D Dwelling Units will be approximately one thousand
seven hundred seventy seven (1,777) air conditioned square feet, Unit E Dwelling Units will be
approximately one thousand seven hundred seventy six (1,776) air conditioned square feet, and Unit
DR Dwelling Units will be approximately one thousand nine hundred fifty four (1,954) air
conditioned square feet, Developer reserves the right to include Dwelling Units ranging in size from
a minimum of eight hundred twenty-nine (829) square feet to a maximum of two thousand three
hundred forty four (2,344) square feet.
6.1.4. Description and Identification of Dwelling Units. Each Building in any
Subsequent Phase containing Dwelling Units, if any such Subsequent Phase is submitted to the
Condominium Property pursuant to a Subsequent Phase amendment, shall be identified by a number
(representing the Phase) and a three digit number (e.g. 1101) and is so referred to herein and in the
Exhibits hereto. No Dwelling Unit in any Subsequent Phase which is added to the Condominium
Property shall bear the same identifying number as any other Dwelling Unit in the Condominium.
6.2. Limited Common Elements.
6.2.1. Covered Patios/Covered Balconies. Each area shown as a "Covered Patio"
or "Covered Balcony" on a Phase Survey shall be a part of the Dwelling Unit to which it is adjacent,
which Covered Patio/Covered Balcony shall be maintained by the Dwelling Unit Owner as well as
any sliding doors or screens adjacent to or part of the Covered Patios/Covered Balconies. In the
event a repair related to the construction of the Covered Patio/Covered Balcony is required, the
Association shall be responsible for such repair. If the Dwelling Unit Owner of the Dwelling Unit
installs a covering on the surface of the Covered Patio/Covered Balcony, such as but not limited to
tile, then the covering shall remain the personal property of such Dwelling Unit Owner and the
Association shall not be responsible for any damage to such personal property in connection with
any repair to the Covered Patio/Covered Balcony. Notwithstanding anything herein to the contrary,
the Association shall be responsible for any painting of the exterior walls of the Covered
Patios/Covered Balconies.
6.2.2. Covered Entry. Each area shown as a "Covered Entry" on the Phase Surveys
shall be a Limited Common Element reserved for the exclusive use of the Dwelling Unit Owner(s)
of the Dwelling Unit(s) adjacent thereto, which Covered Entry shall be maintained by the
Association.
NAP:23654:8
6.2.3. A/C Land. The A/C Land in each Phase upon which is situated all air
conditioning equipment located outside a Dwelling Unit, including the compressors located adjacent
to the Building in which the Dwelling Unit is located and the coolant lines between such
compressors and the Dwelling Unit, shall be a Limited Common Element for the exclusive use of
the Dwelling Unit served thereby. The air conditioning equipment itself shall be owned, maintained,
repaired and replaced by each Dwelling Unit Owner whose Dwelling Unit is served thereby.
6.2.4. Parking. Each area shown on the Phase Surveys as "Parking", which is
limited to the amount of space required to park a vehicle, shall be a Limited Common Element
reserved for the exclusive use of the Dwelling Unit Owner of the Dwelling Unit adjacent thereto, and
shall be maintained by the Association.
6.2.5. Garages. The Garage shown on the Phase Surveys for each Dwelling Unit
shall be a Limited Common Element reserved for the exclusive use of the Dwelling Unit Owner of
such Dwelling Unit. The Dwelling Unit Owner shall maintain the garage door and appurtenant
equipment and the interior of the garage; the exterior of the garage shall be maintained by the
Association.
6.3 Subsequent Phases Containing Eight Homes
le� Subsequent Phases 1, 3 through 8 and 12 through 16, if added to the Condominium
Property pursuant to this Declaration by an amendment hereto, are intended to consist of the real
property more particularly described in the Surveys attached hereto for such Phases and made a part
hereof, the improvements of which are intended to include, as to each Phase, one (1) two (2)-story
residential building (`Building") containing, in addition to the Common Elements therein, eight (8)
Dwelling Units, and the Common Elements shown on the Survey. The Survey (as revised prior to
the recordation of the Amendment adding such Phase) shall be attached to the Amendment adding
such Phase. Developer shall provide no items of personal property for the Common Elements within
these Phases. If such Phases are submitted to the Condominium Property pursuant to an
Amendment, such Phases will be completed and the respective Amendments will be recorded
amongst the Public Records no later than the later to occur of (i) seven (7) years from the date of
recordation hereof or (ii) the maximum time allowed by law.
6.4 Subsequent Phases Containing Ten Homes
Subsequent Phases 9, 10 and 11, if added to the Condominium Property pursuant to
this Declaration by an amendment hereto, are intended to consist of the real property more
particularly described in the Surveys attached hereto for such Phases and made a part hereof, the
improvements of which are intended to include, as to each Phase, one (1) two (2)-story residential
building (`Building") containing, in addition to the Common Elements therein, ten (10) Dwelling
Units, and the Common Elements shown on the Survey. The Survey (as revised prior to the
recordation of the Amendment adding such Phase) shall be attached to the Amendment adding such
Phase. Developer shall provide no items of personal property for the Common Elements within
these Phases. If such Phases are submitted to the Condominium Property pursuant to an
Amendment, such Phases will be completed and the respective Amendments will be recorded
NAP:23654:8 9
amongst the Public Records no later than the later to occur of (i) seven (7) years from the date of
recordation hereof or (ii) the maximum time allowed by law.
6.5. Phase 17
Phase 17, if added to the Condominium, is intended to consist of the real property
('Phase 17 Land') and improvements located thereon more particularly described in the Survey of
the Master Association Property (hereinafter referred to as the "Phase 17 Survey") attached hereto
as Exhibit B-17 and hereby made a part hereof, all of which shall be Common Elements when and
if Phase 17 is added to the Condominium Property as hereinafter set forth. The improvements to be
located in Phase 17 are intended to include the Recreation Area, certain drives, parking areas,
landscaped areas, and the storm water management system ("Storm Water Management System")
within Tequesta Trace, all as depicted on the Phase 17 Survey. Phase 17 shall not contain any
Dwelling Units. If such Phase is submitted to the Condominium Property pursuant to an
Amendment, such Phase will be completed and the Amendment will be recorded amongst the Public
Records no later than the later to occur of (i) seven (7) years from the date of recordation hereof or
(ii) the maximum time allowed by law.
RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT
THE CONSENT OF THE DWELLING UNIT OWNERS OR THE ASSOCIATION.
n 6.6. Changes in Subsequent Phases.
Notwithstanding any indications to the contrary herein contained, descriptions
relating to Phases or Exhibits referred to in this Article 6 or Articles 5 or 7 hereof, including, but not
limited to, legal, graphic, numerical, narrative and the like, are approximations. To the fullest extent
permitted by law, Developer reserves the right to change such descriptions as to a Phase by recording
an amendment hereto until such time as Developer conveys a Dwelling Unit in such Phase to a
Dwelling Unit Owner. Such an amendment shall not require the execution thereof by the
Association, Institutional Mortgagees or any other person, persons or entity unless: (i) Developer
changes the proportion by which a Dwelling Unit Owner, other than Developer, shares the Common
Expenses and the Common Surplus or owns the Common Elements, in which event such Dwelling
Unit Owner whose share of Common Elements, Common Expenses and Common Surplus is being
so changed and the Institutional Mortgagees of record holding mortgages on the affected Dwelling
Unit must consent in writing thereto; or (ii) such change materially and adversely affects a Dwelling
Unit Owner as determined by Developer in the reasonable discretion of Developer, in which event
such Dwelling Unit Owner and the Institutional Mortgagee of record holding the mortgage on the
affected Dwelling Unit must consent thereto in writing or such amendment must be adopted in
accordance with Article 27 hereof.
6.7. Addition of Subsequent Phases - No Prescribed Order.
Notwithstanding the numerical sequence of the Subsequent Phases or any inference
that can be drawn therefrom or from any other provision of the Condominium Documents,
Developer reserves the right to submit Subsequent Phases to the Condominium Property in any
sequence, provided, however, that there shall be submitted as a portion of the Common Elements,
NAP:23654:8 10
if necessary, an easement providing means of ingress and egress from and to any Subsequent Phase
which is submitted to the Condominium Property to and from public ways, including dedicated
streets.
7. PHASE DEVELOPMENT
7.1. Impact of Subsequent Phases on Initial Phase.
7.1.1. Common Elements of Initial Phase. The Common Elements as shown on the
Initial Phase Survey and included in the Initial Phase will be owned by all Dwelling Unit Owners
in all Phases submitted to the condominium form of ownership as a portion of the Condominium
Property pursuant to this Declaration and amendments hereto, if any.
7.1.2. Subsequent Phase Not Added. If any Subsequent Phase does not become part
of the Condominium Property, no portion of such Subsequent Phase (including, but not limited to,
the portion which would have constituted the Common Elements) shall become a part of the
Condominium Property.
7.1.3. Common Elements of Subsequent Phases. If any Subsequent Phase is added
to and does become a part of the Condominium Property, then all of the Common Elements
constituting a portion of such Subsequent Phase shall become a part of the Common Elements of the
Condominium Property, with such Common Elements being owned in undivided shares by all
Dwelling Unit Owners in all Phases then and thereafter constituting a portion of the Condominium.
7.1.4. Share of Ownership Upon Submission of Only Initial Phase. If only the
Initial Phase is submitted to the Condominium Property pursuant to this Declaration, there will be
eight (8) Dwelling Units in the Condominium, each having as an appurtenance thereto one (1) vote
in the Association and an equal undivided share of ownership in the Common Elements.
7.1.5. Share of Ownership Upon Submission of Subsequent Phase. If any
Subsequent Phase, in addition to the Initial Phase, is submitted to the Condominium Property, then
each Dwelling Unit in all Phases submitted to the Condominium Property shall have as
appurtenances thereto one (1) vote in the Association and an equal undivided share of ownership in
the Common Elements. If all Subsequent Phases are submitted, as planned, to condominium
ownership as a portion of Condominium Property pursuant to an amendment or amendments to this
Declaration, the total number of Dwelling Units shall be one hundred thirty-four (134). The number
of Dwelling Units planned to be included in each Subsequent Phase if, as and when added to the
Condominium, is set forth in Article 6 hereof.
7.2. Withdrawal Notice.
Developer, in its absolute discretion, reserves the right to add or not to add any or all of the
Subsequent Phases as part of the Condominium Property. Hence, notwithstanding anything
contained in this Declaration to the contrary, no portion of any Subsequent Phase shall be affected
or encumbered by this Declaration unless and until such Subsequent Phases are added to the
Condominium Property by amendment to this Declaration recorded amongst the Public Records.
NAP:23654:8 I 1
Notwithstanding the fact that the foregoing portion of this Paragraph 7.2 is self -operative, if
Developer determines not to add any or all Subsequent Phases to the Condominium Property,
Developer may, in addition to any action otherwise required by the Act, record amongst the Public
Records a notice ("Withdrawal Notice") to the effect that such Subsequent Phase or Subsequent
Phases shall not be added to the Condominium Property. Further, should Developer record amongst
the Public Records a Withdrawal Notice with respect to one (1) or more, but not all, of the
Subsequent Phases, Developer shall retain the right to record additional Withdrawal Notices with
respect to any or all of the Subsequent Phases which were not submitted to the Condominium
Property and are not covered by any prior Withdrawal Notice. Notwithstanding anything contained
herein to the contrary, in the event Developer records amongst the Public Records one (1) or more
Withdrawal Notices, then Developer shall have all rights permissible by law with respect to
ownership of the Subsequent Phases covered by any and all such Withdrawal Notices, including, but
not limited to, the right to develop such Subsequent Phase and/or Subsequent Phases as one (1) or
more separate condominiums.
8. UNDIVIDED SHARES IN COMMON ELEMENTS
8.1. Appurtenance.
8.1.1. Ownership of the Common Elements and Membership in the Association.
Each Dwelling Unit shall have as an appurtenance thereto one (1) vote in the Association and an
equal undivided share of ownership in the Common Elements. As each Subsequent Phase is added
to the Condominium, each Unit's percentage interest in the Common Elements will decrease based
upon the number of Units in the Subsequent Phase being added to the denominator.
8.1.2. Right to Use Common Elements. Each Dwelling Unit shall have as an
appurtenance thereto the right to use all of the Common Elements and Condominium Property of
this Condominium in accordance with the Condominium Documents and subject to any limitations
set forth in such Condominium Documents.
8.2. Share of Common Expenses and Common Surplus.
The Common Expenses shall be shared and the Common Surplus shall be owned in
proportion to each Dwelling Unit Owner's share of ownership of the Common Elements.
NAP:23654:8 12
9. VOTING INTERESTS
9.1. Voting Interest.
The Dwelling Unit Owner or Dwelling Unit Owners, collectively, of the fee simple
title of record for each Dwelling Unit shall have the right to one (1) vote per Dwelling Unit ("Voting
Interest") in the Association as to matters on which a vote by Dwelling Unit Owners is taken as
provided under the Condominium Documents and the Act, regardless of the number of Phases which
have been added to the Condominium Property or the number of condominiums which have been
created within Tequesta Trace, as to the matters on which a vote by the Dwelling Unit Owners is
taken as provided in the Condominium Documents and the Act.
9.2. Voting By Corporation or Multiple Dwelling Unit Owners.
The Voting Interest of the Dwelling Unit Owners of any Dwelling Unit owned by
more than one (1) person, a corporation or other entity, or by one (1) person and a corporation and/or
other entity, or by any combination of the aforesaid, shall be cast by the person ('Voting Member'
named in a "Voting Certificate" signed by all of the Dwelling Unit Owners of such Dwelling Unit
or, if appropriate, by properly designated officers, principals or partners of the respective legal entity
which owns the Dwelling Unit and filed with the Secretary of the Association. If a Voting
Certificate is not on file, the Voting Interest associated with a Dwelling Unit where the designation
of a Voting Member is required shall not be considered in determining the requirement for a quorum
or for any other purpose.
9.3. Ownership by Husband and Wife.
Notwithstanding the provisions of Paragraph 9.2 above, whenever any Dwelling Unit
is owned solely by a husband and wife they may, but shall not be required to, designate a Voting
Member. In the event a Voting Certificate designating a Voting Member is not filed by the husband
and wife, the following provisions shall govern their right to vote:
(i) Where both husband and wife are present at a meeting, each shall be regarded
as the agent and proxy for the other for purposes of casting the Voting
Interest for each Dwelling Unit owned solely by them. In the event they are
unable to concur in their decision upon any subject requiring a vote, they
shall lose their right to exercise their Voting Interest on that subject at that
meeting.
(ii) Where only one (1) spouse is present at a meeting, the spouse present may
exercise the Voting Interest of the Dwelling Unit without establishing the
concurrence of the other spouse, absent any prior written notice to the
contrary to the Association by the other spouse. In the event of prior written
^` notice to the contrary to the Association by the other spouse, the vote of said
Dwelling Unit shall not be considered in determining the requirement for a
quorum or for any other purpose unless such prior notice to the contrary has
NAP:23654:8 13
been withdrawn by a subsequent written notice executed by both husband and
wife.
(iii) Where neither spouse is present, the person designated in a proxy signed by
either spouse may exercise the Voting Interest of the Dwelling Unit, absent
any prior written notice to the contrary to the Association by the other spouse
or the designation of a different proxy by the other spouse. In the event of
prior written notice to the contrary to the Association or the designation of a
different proxy by the other spouse, the vote of said Dwelling Unit shall not
be considered in determining the requirement for a quorum or for any other
purpose.
9.4. Voting by Proxy.
Except as specifically otherwise provided in the Act, Dwelling Unit Owners may not vote
by general proxy, but may vote by limited proxy. Limited proxies and general proxies may be used
to establish a quorum. Limited proxies and general proxies may also be used for voting on the
matters outlined in Section 718.112(2)(b)(2) of the Act; however, no proxy, limited or general, shall
be used in the election of members of the Board.
9.5. Elections.
The members of the Board shall be elected by written ballot or voting machine in accordance
with the provisions of Section 718.112(2)(d)(3) of the Act.
9.6 Eligibility of Directors.
In accordance with Section 718.112(2)(d)(1) of the Act, except for Developer -appointed
Directors, Directors must be Members or the spouses, parents or children of Members except that
if a Dwelling Unit is owned by an entity and not an individual, such entity may appoint an individual
on its behalf to be eligible to serve on the Board of Directors.
10. ASSOCIATION
10.1. Purpose of Association.
The Association shall be the condominium association responsible for the operation of this
Condominium and any other condominium created within Tequesta Trace. Each Dwelling Unit
Owner shall be a member of the Association as provided in the Condominium Documents. A copy
of the Articles are attached hereto as Exhibit C and made a part hereof. A copy of the Bylaws are
attached hereto as Exhibit D and made a part hereof.
'^ 10.2. Member Approval of Certain Association Actions.
Notwithstanding anything contained herein to the contrary, the Association shall be
required to obtain the approval of three -fourths (3/4) of all Dwelling Unit Owners (at a duly called
NAP:23654:8 14
meeting of the Dwelling Unit Owners at which a quorum is present) prior to the payment of or
contracting for legal or other fees or expenses to persons or entities engaged by the Association in
contemplation of a lawsuit or for the purpose of suing, or making, preparing or investigating any
lawsuit, or commencing any lawsuit other than for the following purposes:
(i) the collection of Assessments;
(ii) the collection of other charges which Dwelling Unit
Owners are obligated to pay pursuant to the
Condominium Documents;
(iii) the enforcement of the use and occupancy restrictions
contained in the Condominium Documents;
(iv) in an emergency where waiting to obtain the approval
of the Dwelling Unit Owners creates a substantial risk
of irreparable injury to the Condominium Property or
the Dwelling Unit Owners, provided, however, in
such event the aforesaid vote shall be taken with
respect to the continuation of the action at the earliest
practical date (the imminent expiration of a statute of
limitations shall not be deemed an emergency
obviating the need for the requisite vote of
three -fourths [3/4] of the Dwelling Unit Owners); or
(v) filing a compulsory counterclaim.
10.3. Cancellation of Management Agreements.
Pursuant to F.S. 718.302(1)(a), Florida Statutes, any cancellation of any management
agreement between the Association and a manager shall require the affirtnative vote of not less than
seventy-five (75%) of the voting interests in the Condominium.
10.4. Conveyance to Association.
The Association is obligated to accept any and all conveyances to it by Developer of
a fee simple title, easements or leases to all or portions of their property.
10.5. Conveyance by Association.
The Association is empowered to delegate any of its functions or convey any of its
property to any governmental unit as may be required or deemed necessary from time to time.
11. EASEMENTS
11.1. Perpetual Nonexclusive Easement to Public Ways.
NAP:23654:8 15
The land which is to become Phase 17 of the Condominium, whether or not added
to the Condominium, and the walks and other rights -of -way, if any, in this Condominium as shown
on the Site Plan or hereafter located within this Condominium shall be, and the same are hereby
declared to be, subject to a perpetual nonexclusive easement for ingress and egress and access to,
over and across the same, to public ways, including dedicated streets, which easement is hereby
created in favor of all the Dwelling Unit Owners in the Condominium now or hereafter existing for
their use and for the use of their family members, guests, lessees or invitees for all proper and normal
purposes and for the furnishing of services and facilities for which the same are reasonably intended,
including ingress and egress for the furnishing of services by fire protection agencies, police and
other authorities of the law, United States mail carriers, representatives of public utilities, including,
but not limited to, the Department of Environmental Protection, telephone and electricity and other
utilities or services authorized by Developer, its successors or assigns to service Condominium
Property; and such other persons as Developer from time to time may designate for performing their
authorized services. The Association shall have the right to establish the rules and regulations
governing the use and enjoyment of the Common Elements and all easements over and upon same.
11.2. Easements and Cross -Easements on Common Elements.
The Common Elements of the Condominium shall be and the same are hereby duly
declared to be subject to perpetual nonexclusive easements in favor of the Association, and such
appropriate utility, telecommunication and other service companies or the providers of the services
hereinafter set forth as may be from time to time designated by Developer to and from all portions
of Tequesta Trace for ingress and egress, and for the installation, maintenance, construction and
repair of facilities, including, but not limited to, electric power, telephone, sewer, water, gas,
drainage, irrigation, lighting, television transmission, communications systems transmission,
reception and monitoring, security, garbage and waste removal and the like and for all purposes
incidental thereto. Developer hereby reserves unto itself, its successors, assigns, designees and
nominees, and hereby grants to the Association, the right to grant easements, permits and licenses
over the Common Elements and to impose upon the Common Elements henceforth and from time
to time such easements and cross -easements for any of the foregoing purposes as it deems to be in
the best interests of and necessary and proper for the Condominium. Developer hereby reserves a
blanket easement over, under, upon and through the Condominium for any purpose whatsoever.
11.3. Cross Easements for Drainage.
Nonexclusive cross easements for drainage pursuant to the Storm Water Management
System created by Developer as maintained, improved, repaired and/or replaced by the Association
in compliance with applicable governmental regulations is hereby granted to each owner of any
portion of the Subject Property and to all applicable governmental authorities.
11.4. Phase 17 Land.
Developer reserves the right for itself to grant such easements over, under, in and
upon the Land in favor of itself, the Association, its members and designees, and appropriate utility
and other service corporations or companies for ingress and egress for persons and vehicles and to
NAP:23654:8 16
provide power, electric, sewer, water and other utility services and lighting facilities, irrigation,
television transmission and distribution facilities, telecommunications, security service and facilities
in connection therewith, and access to publicly dedicated streets, and the like. In addition, upon
declaring the Phase 17 Land a part of the Condominium, but only such portion of such land as shall
become a part of the Condominium, Developer shall be deemed to have thereby granted to the
Association the right to grant such easements over, under, in and upon the Phase 17 Land, but only
such portion of such land as shall become a part of the Condominium, in favor of Developer, the
Association, its members, designees, and others and appropriate utility and other service corporations
or companies for the above -stated purposes. Either Developer or the Association shall execute,
deliver and impose, from time to time, such easements and cross -easements for any of the foregoing
purposes and at such location or locations as determined by either Developer or the Association.
11.5. Easement for Existing Lift Station and Sewer Line.
An easement is hereby granted to the Village of Tequesta Utilities Department for
ingress and egress for persons and vehicles and to provide power, electric, sewer, water and other
utility services for the existing lift station and sewer line located at the corner of Old Dixie Highway
and Tequesta Drive.
11.6. Easement for Encroachments.
11.6.1. Settlement or Movement of Improvements. All the Condominium Property
shall be subject to easements for encroachments, which now or hereafter exist, caused by settlement
or movement of any improvements upon such areas or improvements contiguous thereto or caused
by minor inaccuracies in the building or rebuilding of such improvements.
11.6.2. Air Space. All the Land and improvements thereon, including, but not
limited to, the Condominium Property, shall be subject to perpetual easements for encroachments,
for so long as such encroachment exists, in favor of each Dwelling Unit and the Dwelling Unit
Owners thereof, their family members, guests, invitees and lessees for air space for any balcony of
any Dwelling Unit, and the reasonable use, maintenance and repair of same, which extends under,
over or through any of the Land and improvements thereon, including, but not limited to, the
Condominium Property, including, but not limited to, Common Elements. Such easements shall be
appurtenances to and a covenant running with the respective Dwelling Unit in whose favor such
easements exist.
11.6.3. Term of Encroachment Easements. The above easements for encroachments
shall continue until such encroachments no longer exist.
12. LIABILITY INSURANCE PROVISIONS
111� 12.1. Public Liability Insurance.
The Board shall obtain liability insurance in the form generally known as Public
Liability and/or Dwelling Unit Owners, Landlord and Tenant Policies, or alternatively, in the event
Developer so elects, the Association shall be covered under Developer's insurance, in such amounts
NAP:23654:8 17
as it may determine from time to time for the purpose of providing liability insurance coverage for
all property and improvements in Tequesta Trace excluding the Dwelling Units; provided, however,
that such policy or policies shall not have limits of less than One Million Dollars ($1,000,000)
covering all claims for personal injury and One Hundred Thousand Dollars ($100,000) for property
damage arising out of a single occurrence. The Board shall collect and enforce the payment of a
share of the premium for such insurance from each Dwelling Unit Owner as a part of the Annual
Assessment. Said insurance shall include, but not be limited to, legal liability for property damage,
bodily injuries and deaths of persons in connection with the operation, maintenance or use of any
property or improvements within Tequesta Trace, legal liability arising out of law suits related to
employment contracts of the Association, water damage, liability for hazards related to usage and
liability for property of others, hired automobile, non -owned automobile and off -premises employee
coverage and such other risks as are customarily covered with respect to developments similar to
Tequesta Trace in construction, location and use. All such policies shall name the Association (and
Developer so long as Developer shall own any of the Condominium Property, as their respective
interests may appear) as the insured(s) under such policy or policies. The original or a true copy of
each policy shall be held in the office of the Association. The insurance purchased shall contain a
"severability of interest endorsement," or equivalent coverage, which would preclude the insurer
from denying the claim of a Dwelling Unit Owner because of the negligent acts of either the
Association, Developer or any other Dwelling Unit Owner or deny the claim of either Developer or
the Association because of the negligent acts of the other or the negligent acts of an Owner. All
liability insurance shall contain cross liability endorsements to cover liabilities of the Dwelling Unit
Owners as a group to each Dwelling Unit Owner. Each Dwelling Unit Owner shall be responsible
for the purchasing of liability insurance for accidents occurring in his own Dwelling Unit, as
applicable and, if the Dwelling Unit Owner so determines, for supplementing any insurance
purchased by the Association. Notwithstanding the foregoing, in the event the Board determines that
the cost of public liability insurance is economically unwarranted, the Board may determine to either
reduce the amount of such insurance, increase the deductible amount or discontinue coverage.
12.2. Fidelity Insurance.
Adequate fidelity coverage to protect against dishonest acts of the officers and
employees of the Association and the Directors and all others who handle and are responsible for
handling funds of the Association (whether or not they receive compensation) shall be maintained.
Such coverage shall be in the form of fidelity bonds which meet the following requirements: (i) such
bonds shall name the Association as an obligee and premiums therefor shall be paid by the
Association; (ii) such bonds shall be written in an amount equal to the amount of the annual
operating budget at any one time plus reserve funds, but in no event less than the amount required
by the Act for each such person; and (iii) such bonds shall contain waivers of any defense based
upon the exclusion of persons who serve without compensation from any definition of "employee"
or similar expression. Notwithstanding the foregoing, in the event the Association determines that
the cost of such insurance is economically unwarranted or is not obtainable, the Association may
determine to either reduce the amount of such insurance, increase the deductible amount or
discontinue coverage provided coverage is no less than required by the Act.
NAP:23654:8 18
12.3. Cancellation Provision.
All insurance policies or fidelity bonds purchased pursuant to this Article 12 shall
provide that they may not be canceled without at least ten (10) days prior written notice to the
Association and to Institutional Mortgagees.
13. PROVISIONS RELATING TO CASUALTY INSURANCE AND DESTRUCTION OF
IMPROVEMENTS
13. L Hazard Insurance.
Each Dwelling Unit Owner shall be responsible for the purchase of casualty
insurance for all of his personal property. The Association shall obtain casualty insurance with such
coverage and in such amounts as it may determine from time to time for the purpose of providing
casualty insurance coverage for all insurable property and improvements within Tequesta Trace,
including Fire and Extended Coverage, Vandalism and Malicious Mischief Insurance, all of which
insurance shall insure all of the insurable improvements on or within Tequesta Trace, including
personal property owned by the Association, in and for the interest of the Association, all Dwelling
Unit Owners and their mortgagees, as their interests may appear, with a company (or companies)
acceptable to the standards set by the Board. The Association shall purchase insurance for each
Building and all improvements now located or which may hereafter be located, built or placed within
Tequesta Trace in an amount equal to one hundred percent (100%) of the "Replacement Value"
thereof. The term "Replacement Value" shall mean one hundred percent (100%) of the current
replacement costs exclusive of land, foundation, excavation, items of personal property and other
items normally excluded from coverage as determined annually by the Board. The Board may
determine the kind of coverage and proper and adequate amount of insurance. The casualty
insurance shall contain an "agreed amount endorsement" or its equivalent, "inflation guard
endorsement," and, if determined necessary, an "increased cost of construction endorsement" or
"continuant liability from operation of building laws endorsement" or a "demolition endorsement"
or the equivalent. The casualty insurance shall insure the Buildings from loss or damage caused by
or resulting from at least the following: fire and other hazards covered by the standard extended
coverage endorsement and by sprinkler leakage, windstorm, vandalism, malicious mischief, debris
removal and demolition, and such other risks as shall customarily be covered with respect to projects
or developments similar to the Buildings in construction, location and use.
13.2. Flood Insurance.
If determined appropriate by the Board or if required by any Institutional Mortgagee, the
Association shall obtain a master or blanket policy of flood insurance covering all property and
improvements in Tequesta Trace, if available and at a reasonable premium, under the National Flood
Insurance Program or any other government regulated insurance carrier authorized to conduct
business in the State of Florida or a commercial underwriter, which flood insurance shall be in the
form of a standard policy issued by a member of the National Flood Insurers Association or such
commercial underwriter, and the amount of the coverage of such insurance shall be the lesser of the
maximum amount of flood insurance available under such program or one hundred percent (100%)
NAP:23654:8 19
of the current replacement cost of all Buildings and other insurable property located in the flood
hazard area.
13.3. Form of Policy and Insurance Trustee.
The Association may, to the extent possible and not inconsistent with the foregoing,
obtain one (1) policy to insure all of the insurable improvements within Tequesta Trace operated by
the Association. The premiums for such coverage and other expenses in connection with said
insurance shall be paid by the Association and assessed as part of the Annual Assessment. The
company (or companies) with which the Association shall place its insurance coverage, as provided
in this Declaration, must be a good and responsible company (or companies) authorized to do
business in the State of Florida. In addition, the insurance agent must be located in the State of
Florida. The Association shall have the right to designate a trustee ("Insurance Trustee") and upon
the request of the Institutional Mortgagee holding the highest dollar indebtedness encumbering
Dwelling Units within Tequesta Trace, as applicable, ("Lead Mortgagee") shall designate an
Insurance Trustee. Thereafter the Association from time to time shall have the right to change the
Insurance Trustee to such other trust company authorized to conduct business in the State of Florida
or to such other person, firm or corporation as Insurance Trustee as shall be acceptable to the Board
and the Lead Mortgagee. The Lead Mortgagee shall have the right, for so long as it holds the highest
dollar indebtedness encumbering Dwelling Units within Tequesta Trace, as applicable, to approve:
(i) the form of the insurance policies; (ii) the amounts thereof; (iii) the company or companies which
shall be the insurers under such policies; (iv) the insurance agent or agents; and (v) the designation
of the Insurance Trustee if it deems the use of an Insurance Trustee other than the Board to be
necessary, which approval(s) shall not be unreasonably withheld or delayed; provided, however, for
so long as Developer owns any Dwelling Unit(s), Developer shall have the right, but not the
obligation, to require the Association to designate an Insurance Trustee other than the Board.
Notwithstanding anything in this Declaration to the contrary, the Board may act as the Insurance
Trustee hereunder unless otherwise required by the Lead Mortgagee or Developer. The Lead
Mortgagee shall inform the Association by written notification if it requires the use of an Insurance
Trustee other than the Board. If the use of an Insurance Trustee other than the Board is requested
in writing, then the Lead Mortgagee shall be deemed to have approved the Insurance Trustee unless
the Lead Mortgagee's written disapproval is received by the Association within thirty (30) days after
notice from the Association of the identity of the proposed Insurance Trustee. If no Insurance
Trustee is required, the Board shall receive, hold and expend insurance proceeds in the manner
hereinafter provided as if it were the Insurance Trustee.
13.4. Required Policy Provisions.
All such aforesaid policies shall provide that they may not be canceled without at
least ten (10) days' prior written notice to the Association and Listed Mortgagees and shall be
deposited with the Insurance Trustee upon its written acknowledgment that the policies and any
proceeds thereof will be held in accordance with the terms hereof. Said policies shall provide that
all insurance proceeds payable on account of loss or damage shall be payable to the Insurance
Trustee. In the event of a casualty loss, the Insurance Trustee may deduct from the insurance
proceeds collected a reasonable fee for its service as Insurance Trustee. The Association is hereby
irrevocably appointed agent for each Dwelling Unit Owner to adjust all claims arising under
NAP:23654:8 20
insurance policies purchased by the Association. The Insurance Trustee shall not be liable for
payment of premiums, for the renewal or the sufficiency of the policies or for the failure to collect
any insurance proceeds. The Association may determine to act as Insurance Trustee, in which event
references herein to Insurance Trustee shall refer to the Board.
13.5. Restrictions of Mortgagees.
No mortgagee shall have any right to participate in the determination of whether
property is to be rebuilt, nor shall any mortgagee have the right to apply insurance proceeds to
repayment of its loan unless such proceeds are distributed to Dwelling Unit Owners and/or their
respective mortgagees.
13.6. Distribution of Insurance Proceeds and Losses.
The duty of the Insurance Trustee shall be to receive any and all proceeds from the
insurance policies held by it and to hold such proceeds in trust for the Association, Dwelling Unit
Owners and mortgagees under the following terms:
13.6.1. Loss to Dwelling Unit Alone. In the event a loss insured under the policies
held by the Insurance Trustee occurs to any improvements within any of the Dwelling Units alone,
without any loss to any other improvements within Tequesta Trace, the Insurance Trustee shall
immediately pay all proceeds received because of such loss directly to the Dwelling Unit Owners
of the Dwelling Units damaged and their mortgagees, if any, as their interests may appear, and it
shall be the duty of these Dwelling Unit Owners to use such proceeds to effect necessary repair to
the Dwelling Units. The Insurance Trustee, where other than the Association, may rely upon the
written statement of the Association as to whether or not there has been a loss to the Dwelling Units
alone, the Common Elements or any combination thereof.
13.6.2. Loss of Fifty Thousand Dollars ($50,000) or Less to Dwelling Units and
Common Elements. In the event that a loss of Fifty Thousand Dollars ($50,000) or less occurs to
improvements within one (1) or more Dwelling Units and to improvements within Common
Elements contiguous thereto, or to improvements within the Common Elements, the Insurance
Trustee shall pay the proceeds received as a result of such loss to the Association. Upon receipt of
such proceeds, the Association will cause the necessary repairs to be made to the improvements
within the Common Elements and within the damaged Dwelling Units. In such event, should the
insurance proceeds be sufficient to repair the improvements within the Common Elements but
insufficient to repair all of the damage within the Dwelling Units, the proceeds shall be applied first
to completely repair the improvements within the Common Elements and the balance of the funds
(`Balance") shall be apportioned by the Association to repair the damage to the improvements within
Dwelling Units, which apportionment shall be made to each Dwelling Unit in accordance with the
proportion of damage sustained to improvements within said Dwelling Units as estimated by the
insurance company whose policy covers such damage. Any deficiency between the Balance
apportioned to a damaged Dwelling Unit and the cost of repair shall be paid by a Special
Assessment.
NAP:23654:8 21
13.6.3. Loss in Excess of Fifty Thousand Dollars ($50,000) to Dwelling Units and
Common Elements. In the event the Insurance Trustee receives proceeds in excess of the sum of
Fifty Thousand Dollars ($50,000) as a result of damages to the improvements within the Common
Elements and/or Dwelling Units and Common Elements that are contiguous, then the Insurance
Trustee shall hold, in trust, all insurance proceeds received with respect to such damage, together
with any and all other funds paid as hereinafter provided, and shall distribute the same as follows:
(a) The Board shall obtain or cause to be obtained reliable and detailed
estimates and/or bids for the cost of rebuilding and reconstructing the damage and for the purpose
of determining whether insurance proceeds are sufficient to pay for the same.
(b) In the event the insurance proceeds are sufficient to rebuild and
reconstruct all the damaged improvements, or upon the collection of the necessary funds that are
described in subparagraph 13.6.3 (c) below, then the damaged improvements shall be completely
repaired and restored. In this event, all payees shall deliver paid bills and waivers of mechanics'
liens to the Insurance Trustee and execute affidavits required by law, by the Association, by any
Institutional Mortgagee named on a mortgage endorsement or by the Insurance Trustee, and shall
deliver the same to the Insurance Trustee. Further, the Association shall negotiate and obtain a
contractor willing to do the work on a fixed price basis or some other reasonable terms under the
circumstances, said contractor shall post a performance and payment bond, and the Insurance Trustee
shall disburse the insurance proceeds and other funds held in trust in accordance with the progress
payments contained in the construction contract between the Association and the contractor. Subject
to the foregoing, the Board shall have the right and obligation to negotiate and contract for the repair
and restoration of the premises.
(c) In the event the insurance proceeds are insufficient to repair and
replace all of the damaged improvements within the Common Elements and Dwelling Units
contiguous to such damaged Common Elements, the Board shall hold a special meeting to determine
a Special Assessment against all of the Dwelling Unit Owners to obtain any necessary funds to repair
and to restore such damaged improvements. Upon the determination by the Board of the amount
of such Special Assessment, the Board shall immediately levy such Special Assessment against the
respective Dwelling Units setting forth the date or dates of payment of the same, and any and all
funds received from the Dwelling Unit Owners pursuant to such Special Assessment shall be
delivered to the Insurance Trustee and disbursed as provided in subparagraph 13.6.3 (b) immediately
preceding. In the event the deficiency between the estimated cost of the repair and replacement of
the damaged property and the insurance proceeds exceeds the sum of Twenty -Five Thousand Dollars
($25,000), and three -fourths (3/4) of the Dwelling Unit Owners advise the Board in writing on or
before the date for the first payment thereof that they are opposed to a Special Assessment, then the
Insurance Trustee shall divide the net insurance proceeds into the shares described in Article 7 hereof
and shall promptly pay each share of such proceeds to the Dwelling Unit Owners and mortgagees
of record as their interests may appear ("Insurance Proceeds Distribution"). In making any such
Insurance Proceeds Distribution to the Dwelling Unit Owners and mortgagees, the Insurance
Trustee may rely upon a certificate of an abstract company as to the names of the then Dwelling Unit
Owners and their respective mortgagees. Any Insurance Proceeds Distribution shall also require the
approval of the Lead Mortgagee.
NAP:23654:8 22
'1-4**N 13.6.4. Distribution of Excess Funds. In the event that after the completion of and
payment for the repair and reconstruction of the damage to the damaged property and after the
payment of the Insurance Trustee's fee with respect thereto any excess insurance proceeds remain
in the hands of the Insurance Trustee, then such excess shall be disbursed in the manner of the
Insurance Proceeds Distribution. However, in the event such repairs and replacements were paid
for by any Special Assessment as well as insurance proceeds, then it shall be presumed that the
monies disbursed in payment of any repair, replacement and reconstruction were first disbursed from
insurance proceeds and any remaining funds held by the Insurance Trustee shall be distributed to the
Dwelling Unit Owners in proportion to their contributions by way of Special Assessment.
13.6.5. Institutional Mortgagees. In the event the Insurance Trustee has on hand,
within ninety (90) days after any casualty or loss, insurance proceeds and, if necessary, funds from
any Special Assessment sufficient to pay fully any required restoration and repair with respect to
such casualty or loss, then no mortgagee shall have the right to require the application of any
insurance proceeds or Special Assessment to the payment of its loan. Any provision contained
herein for the benefit of any mortgagee may be enforced by a mortgagee.
13.6.6. Repair of Damaged Property. Any repair, rebuilding or reconstruction of
damaged property shall be substantially in accordance with the architectural plans and specifications
for Tequesta Trace, as: (i) originally constructed; (ii) reconstructed; or (iii) depicted in new plans
and specifications approved by the Board; provided, however, any material or substantial change in
new plans and specifications approved by the Board from the plans and specifications of Tequesta
Trace as previously constructed shall require approval by the Lead Mortgagee.
13.6.7. Determination of Damage. The Board shall determine, in its sole and
absolute discretion, whether damage or loss has occurred to improvements within Dwelling Units
alone, Common Elements alone or to improvements within any combination thereof.
13.6.8. Insurance Amounts. Notwithstanding anything in this Article 13 to the
contrary, the amounts set forth for the purchase of insurance in this Article 13 are the minimum
amounts to be purchased. Therefore, Dwelling Unit Owners or the Association, as the case may be,
may purchase insurance in excess of the amounts set forth herein. The amounts set forth do not
constitute a representation or warranty of any kind by Developer or the Association as to the proper
amount or kinds of insurance required.
13.6.9. Miscellaneous Policy Requirements. Policies insuring the property within
Tequesta Trace purchased pursuant to the requirements of this Article 13 shall provide that any
insurance trust agreement shall be recognized; the right of subrogation against Dwelling Unit
Owners will be waived; the insurance will not be prejudiced by any acts or omission of individual
Dwelling Unit Owners who are not under the control of the Association; and the policy will be
primary, even if a Dwelling Unit Owner has other insurance that covers the same loss.
11�N 13.6.10. Master Form of Insurance. Nothing contained herein shall prohibit the
Association from obtaining a "Master" or `Blanket" form of insurance to meet the requirements of
this Article 13, provided that the coverages required hereunder are fulfilled.
NAP:23654:8 23
14. PROVISIONS RELATING TO CONDEMNATION
OR EMINENT DOMAIN PROCEEDINGS
14.1. Proceedings.
The Association shall represent the Dwelling Unit Owners in the condemnation
proceedings or in negotiations, settlements and agreements with the condemning authority for
acquisition of the Common Elements or any parts thereof by the condemning authority.
14.2. Deposit of Awards With Insurance Trustee.
The taking of any portion of the Condominium Property by condemnation shall be
deemed to be a casualty, and the awards for that taking shall be deemed to be proceeds from
insurance on account of the casualty and shall be deposited with the Insurance Trustee. Although
the awards may be payable to Dwelling Unit Owners, the Dwelling Unit Owners shall deposit the
awards with the Insurance Trustee; and in the event of failure to do so, in the discretion of the Board,
a special charge shall be made against a defaulting Dwelling Unit Owner in the amount of his award,
or the amount of that award shall be set off against the sums hereafter made payable to that Dwelling
Unit Owner.
n 14.3. Disbursement of Funds.
If the Condominium is terminated in accordance with the provisions of this
Declaration after condemnation, the proceeds of the awards and Special Assessments, if any, shall
be deemed to be Condominium Property and shall be divided into the shares described in the
Declaration and distributed to the Dwelling Unit Owners and mortgagees as their interests may
appear. If the Condominium is not terminated after condemnation, the size of the Condominium will
be reduced, the owners of the condemned Dwelling Units will be made whole and the Condominium
Property damaged by the taking will be made usable in the manner provided below.
14.4. Dwelling Unit Reduced, But Tenantable.
If the taking reduces the size of a Dwelling Unit ("Affected Dwelling Unit") and the
remaining portion of the Affected Dwelling Unit can be made tenantable, the award for the taking
of a portion of the Affected Dwelling Unit shall be used for the following purposes in the order
stated and the following changes shall be effected in the Condominium:
14.4.1. Affected Dwelling Unit Made Tenantable. The Affected Dwelling Unit shall
be made tenantable. If the cost of the restoration exceeds the amount of the award, the additional
funds required shall be collected as a special charge.
14.4.2. Excess Distributed to Dwelling Unit Owner and Institutional Mortgagee. The
balance of the award, if any, shall be distributed to the Dwelling Unit Owner of the Affected
Dwelling Unit and to each Institutional Mortgagee of the Affected Dwelling Unit, the remittance
being made payable to the Dwelling Unit Owner and Institutional Mortgagees as their interests may
appear.
NAP:23654:8 24
14.4.3. Reduction in Percentage of Common Elements. If the floor area of the
Affected Dwelling Unit is reduced by more than ten percent (10%) by the taking, the number
representing the share in the ownership of the Common Elements appurtenant to the Affected
Dwelling Unit shall be reduced ("Reduction in Percentage of Common Elements'D in the proportion
by which the floor area of the Affected Dwelling Unit is reduced by the taking, and then the shares
of all Dwelling Units in the ownership of the Common Elements shall be restated with the Reduction
in Percentage of Common Elements being allocated to all the Dwelling Units in proportion to their
share of ownership in the Common Elements.
14.5. Affected Dwelling Unit Made Untenantable.
If the taking is of the entire Affected Dwelling Unit or so reduces the size of an
Affected Dwelling Unit that it cannot be made tenantable, the award for the taking of the Affected
Dwelling Unit shall be used for the following purposes in the order stated and the following changes
shall be effected in the Condominium:
14.5.1. Payment to Dwelling Unit Owner and Institutional Mortgagee. The market
value of the Affected Dwelling Unit immediately prior to the taking shall be paid to the Dwelling
Unit Owner thereof and to each Institutional Mortgagee thereof as their interests may appear.
14.5.2. Remaining Portion of Affected Dwelling Unit. The remaining portion of the
Affected Dwelling Unit, if any, shall be released by the Institutional Mortgagee and conveyed by
the Dwelling Unit Owner to the Association. Such remaining portion of the Affected Dwelling Unit
shall become a part of the Common Elements and shall be placed in a condition approved by the
Board and the Condominium Documents shall be amended to reflect the addition of such Common
Elements; provided that if the cost of the work shall exceed the balance of the fund from the award
for the taking after the payment set forth in subparagraph 14.4.1 above, the work shall be approved
in the manner required for further improvement of the Common Elements.
14.5.3. Adjustment in Shares of Common Elements. The shares in the Common
Elements appurtenant to the Dwelling Units that continue as part of the Condominium shall be
adjusted to distribute the ownership of the Common Elements from the Affected Dwelling Units
among the reduced number of Dwelling Units. The shares of the continuing Dwelling Units in the
ownership of the Common Elements shall be restated with the percentage of ownership in the
Common Elements of the Affected Dwelling Unit being allocated to all the continuing Dwelling
Units in proportion to their relative share of ownership in the Common Elements.
14.5.4. Insufficient Award. If the amount of the award for the taking is not sufficient
to pay the market value of the Affected Dwelling Unit to the Dwelling Unit Owner and to condition
the remaining portion of the Affected Dwelling Unit for use as a part of the Common Elements, the
additional funds required for those purposes shall be raised by Special Assessments against all of
the Dwelling Unit Owners who will continue as Dwelling Unit Owners after the changes in the
Condominium effected by the taking. The Assessments shall be made in proportion to the shares
of those Dwelling Unit Owners in the Common Elements after the changes effected by the taking.
NAP:23654:8 25
14.5.5. Determination of Market Value of Affected Dwelling Unit. If the market
value of an Affected Dwelling Unit prior to the taking cannot be determined by agreement between
the Dwelling Unit Owner, the Institutional Mortgagees of the Affected Dwelling Unit and the
Association within thirty (30) days after notice by either parry, the value shall be determined by
arbitration in accordance with the then existing rules of the American Arbitration Association, except
that the arbitrators shall be two appraisers appointed by the American Arbitration Association who
shall base their determination upon an average of their appraisals of the Affected Dwelling Unit; and
the determination of the arbitrators shall be conclusive upon the parties and judgment upon the same
may be entered in any court having jurisdiction thereof. The cost of arbitration proceedings shall
be assessed against all Dwelling Units in proportion to the shares of the Dwelling Units in the
Common Elements as they exist prior to the changes effected by the taking.
14.6. Taking of Common Elements.
Awards for taking of Common Elements shall be used to make the remaining portion
of the Common Elements usable in the manner approved by the Board; provided, that if the cost of
the work shall exceed the balance of the funds from the awards for the taking, the work shall be
approved in the manner required for further improvement of the Common Elements. The balance
of the awards for the taking of Common Elements, if any, shall be distributed to the Dwelling Unit
Owners in the shares in which they own the Common Elements after adjustment of these shares on
elo"*N account of the condemnation and to Institutional Mortgagees as their interests may appear.
14.7. Amendment of Declaration.
The changes in Dwelling Units, in the Common Elements and in the ownership of
the Common Elements that are affected by the condemnation shall be evidenced by an amendment
to the Declaration that need be approved only by a majority of the Board unless written approvals
from Developer and/or Listed Mortgagees are also required pursuant to this Declaration. Such
amendment shall be evidenced by a certificate executed by the Association in recordable form in
accordance with the Act, and a true copy of such amendment shall be mailed via first class mail by
the Association to Developer, all Dwelling Unit Owners and Listed Mortgagees ("Interested
Parties"). The amendment shall become effective upon the recording of such certificate amongst the
Public Records of the County; provided, however, such amendment shall not be recorded until thirty
(30) days after the mailing of a copy thereof to the Interested Parties unless such thirty (30)-day
period is waived in writing by the Interested Parties.
15. PROVISION FOR APPORTIONMENT OF TAX OR SPECIAL
ASSESSMENT IF LEVIED AND ASSESSED AGAINST THE CONDOMINIUM AS A WHOLE
15.1. New Total Tax.
In the event that any taxing authority having jurisdiction over the Condominium shall
levy or assess any tax or special assessment against the Condominium as a whole as opposed to
levying and assessing such tax or special assessment against each Dwelling Unit and its appurtenant
undivided interest in Common Elements, as now provided by law ("New Total Tax"), then such New
Total Tax shall be paid as a Common Expense by the Association, and any taxes or special
NAP:23654:8 26
assessments which are to be so levied shall be included wherever possible in the estimated annual
"Budget" (as hereinafter defined) of the Association or shall be separately levied and collected as
a Special Assessment by the Association against all of the Dwelling Unit Owners of all Dwelling
Units, as applicable. Each Dwelling Unit Owner shall be assessed by and shall pay to the Association
a percentage of the New Total Tax equal to that Dwelling Unit Owner's percentage interest in the
Common Elements. In the event that any New Total Tax shall be levied, then the assessment by the
Association shall separately specify and identify the portion of such assessment attributable to such
New Total Tax and such portion shall be and constitute a lien prior to all mortgages and
encumbrances upon any Dwelling Unit, as applicable, and its appurtenant percentage interest in
Common Elements, regardless of the date of the attachment and/or recording of such mortgage or
encumbrances, to the same extent as though such portion of New Total Tax had been separately
levied by the taxing authority upon each Dwelling Unit, as applicable, and its appurtenant percentage
interest in Common Elements.
15.2. Personal Property Taxes.
All personal property taxes levied or assessed against personal property owned by the
Association and all federal and state income taxes levied and assessed against the Association shall
be paid by the Association and shall be included as a Common Expense in the Budget of the
Association.
16. OCCUPANCY AND USE RESTRICTIONS
In order to preserve the values and amenities of the Condominium, the following provisions
shall be applicable to the Condominium Property:
16.1. Single -Family Use.
The Dwelling Units shall be used for single-family residences only. No separate part
of a Dwelling Unit may be rented and no transient (as defined in Chapter 509, Florida Statutes) may
be accommodated therein for compensation or commercial purposes. No trade, business, profession
or any other type of commercial activity shall be carried on in the Dwelling Units; provided,
however, a Dwelling Unit Owner may use a room within a Dwelling Unit as an office for conducting
personal business if such personal business does not require contact at the Dwelling Unit with
customers or clientele of the Dwelling Unit Owner, nor be of such a pervasive nature as to dominate
the residential character of the occupancy of such Dwelling Unit. Any such personal office use shall
not be deemed a commercial activity in violation of this Paragraph 16.1. Such personal business use
must, nonetheless comply with any applicable governmental regulation. No Dwelling Unit may be
rented for a term of less than one (1) month and no Dwelling Unit may be rented more than three
(3) times in any twelve (12) month period. A Dwelling Unit owned by a corporation, partnership
or other legal entity, as the case may be, may be occupied by the person indicated in the Voting
Certificate on file with the Association and his or her family, and any lessees of the corporation,
partnership, or other legal entity, as the case may be, who otherwise qualify as provided in the
Condominium Documents.
NAP:23654:8 27
16.2. Occupancy of Dwelling Unit.
A Dwelling Unit Owner shall not permit or suffer anything to be done or kept in his
Dwelling Unit which will: (i) increase the insurance rates on his Dwelling Unit or the Common
Elements; (ii) obstruct or interfere with the rights of other Dwelling Unit Owners or the Association;
or (iii) annoy other Dwelling Unit Owners by unreasonable noises or otherwise. A Dwelling Unit
Owner shall not commit or permit any nuisance, immoral or illegal act in his Dwelling Unit or on
the Common Elements.
16.3. Signs.
A Dwelling Unit Owner (with the exception of Developer, for so long as Developer
is a Dwelling Unit Owner) shall show no sign, advertisement or notice of any type on the Common
Elements or in or upon his Dwelling Unit so as to be visible from the Common Elements, or any
public way, except as may be previously and specifically approved in writing by the Board.
Developer specifically reserves the right to place and maintain identifying or informational signs on
any building located on the Condominium Property as well as any signs in connection with its sales
activities.
16.4. Animals.
^,
Except as provided under the rules and regulations promulgated by the Association
from time to time, a Dwelling Unit Owner and/or resident shall not keep, raise or breed any pet or
other animal, livestock or poultry upon any portion of the Condominium Property. No Dwelling
Unit Owner is permitted to keep a domestic pet in his Dwelling Unit either temporarily or
permanently without the prior written permission of the Board. Such permission in one instance
shall not be deemed to institute a blanket permission in any other instance and any such permission
may be revoked at any time in the sole discretion of the Board. However, under no circumstances
may any breed of dog commonly known as a pit bull be permitted on any portion of Tequesta Trace.
Any pet must be carried or kept on a leash when outside of a Dwelling Unit. No pet shall be kept
tied outside of a Dwelling Unit or in any screened porch or patio, unless someone is present in the
Dwelling Unit. A Dwelling Unit Owner shall immediately pick up and remove any solid waste
deposited by his pet. The Dwelling Unit Owner shall indemnify the Association and hold it harmless
against any loss or liability of any kind or character whatsoever arising from or growing out of
having any animal in Tequesta Trace. If a dog or any other animal becomes obnoxious to the
Dwelling Unit Owners by barking or otherwise, the Dwelling Unit Owner thereof must cause the
problem to be corrected; or, if it is not corrected, the Dwelling Unit Owner, upon written notice by
the Association, will be required to permanently remove the animal from the premises. No birds or
exotic pets such as snakes and reptiles shall be permitted on any portion of the Condominium
Property. The Association will promulgate rules and regulations from time to time designating other
rules as necessary to regulate pets.
NAP:23654:8 28
16.5. Clotheslines.
No clothesline or other similar device shall be allowed in any portion of the Common
Elements. Clotheslines within a Dwelling Unit shall be concealed from view from all portions of
Tequesta Trace.
16.6. Window Decor.
Window treatments shall consist of drapery, blinds, decorative panels or tasteful
other window covering, and no newspaper, aluminum foil, sheets or other temporary window
treatments are permitted, except for periods not exceeding two (2) weeks after a Dwelling Unit
Owner or tenant first moves into a Dwelling Unit or when permanent window treatments are being
cleaned or repaired.
16.7. Removal of Sod and Shrubbery; Alteration of Drainage, etc.
Except for Developer's acts and activities with regard to the development of
Tequesta Trace, no sod, top soil, muck, trees or shrubbery shall be removed from Tequesta Trace
and no change in the condition of the soil or the level of land of Tequesta Trace shall be made which
would result in any permanent change in the flow or drainage of surface water within Tequesta Trace
without prior written consent of the Board.
16.8. Antenna, Aerial and Satellite Dish.
No outside television, radio, or other electronic towers, aerials, antennae, satellite
dishes or device of any type for the reception or transmission of radio or television broadcasts or
other means of communication shall hereafter be erected, constructed, placed or permitted to remain
on any portion of the Condominium Property or upon any improvements thereon, unless expressly
approved in writing by the Association, except that this prohibition shall not apply to those satellite
dishes that are eighteen (18") inches in diameter or less, and specifically covered by 47 C.F.R. Part
1, Subpart S, Section 1.4000, as amended, promulgated under the Telecommunications Act of 1996,
as amended from time to time. The Association is empowered to adopt rules governing the types
of antennae, restrictions relating to safety, location and maintenance of antennae. The Association
may also adopt and enforce reasonable rules limiting installation of permissible dishes or antennae
to certain specified locations, not visible from the street or neighboring properties, and integrated
with the Condominium Property and surrounding landscape, to the extent that reception of an
acceptable signal would not be unlawfully impaired by such rules. Any approved antennae shall be
NAP:23654:8 29
/e—**N
installed in compliance with all federal, state and local laws and regulations, including zoning, land -use and building
regulations. This Section 16.8 shall not apply to Developer.
16.9. Garbage, Trash and Recycling.
Each Dwelling Unit Owner shall regularly pick up all garbage, trash, refuse or rubbish around his
Dwelling Unit, and no Dwelling Unit Owner or resident shall place or dump any garbage, trash, refuse, oil or other
materials on any other portions of Tequesta Trace, including any portion of the Condominium Property or the Common
Elements. Garbage, trash, refuse, rubbish or recyclable materials that is required to be placed at the front of the
Dwelling Unit in order to be collected may be placed and kept at the front of the Dwelling Unit after 5:00 p.m. on the
day before the scheduled day of collection but not sooner, and any trash facilities must be removed on the collection
day after the pick up. The Village of Tequesta requires that its residents recycle according to the requirements of the
local government. All Garbage, trash, refuse, rubbish or recyclable materials must be placed in appropriate trash
facilities or bags. All containers, dumpsters or garbage facilities must be stored inside the garage and kept in a clean
and sanitary condition. No noxious or offensive odors shall be permitted.
16.10. Radio Transmission.
No ham radios or radio transmission equipment shall be operated or permitted to be operated within
Tequesta Trace without the prior written consent of the Board.
16.11. Vehicles.
No boats, boat trailers, recreational vehicles, house trailers or motor homes shall be permitted on any
portion of the Condominium Property. No maintenance or repairs shall be done upon or to such vehicles. The
Association shall have the right to authorize the towing away of any vehicles which violate this Declaration or the rules
and regulations of the Association, with the costs to be bome by the Dwelling Unit Owner or violator. In addition, the
Board shall adopt rules and regulations from time to time regulating and limiting the size, weight, type and place and
manner of operation of vehicles within Tequesta Trace.
16.12. Garages.
No garage, other than garages constructed by Developer, shall be erected which is separate from the
Dwelling Unit. No portion of a garage originally intended for the parking of an automobile shall be converted to other
uses such as living area, storage area, workshop, recreation room or business uses. No individual air conditioning units
which are visible from outside the Dwelling Unit shall be permitted in a garage. All garage doors shall remain closed
when not in use for ingress and egress. All garage door openers installed must be either belt driven or screw driven.
16.13. Flooring.
An Owner shall not install any floor covering in the Home other than carpeting (such as wood or tile)
in any room other than the bathroom, kitchen/breakfast area or laundry/utility area or other than in a Home which does
not have another Home below it, without the prior written approval of the Association. The Association may require
that soundproofing insulation be placed under such alternate floor covering before installation. If an Owner installs
alternate floor covering without the prior written consent of the Association or without the insulation required by the
Association, then the Association shall have the right to cause such Owner to remove the alternate floor covering. Under
no circumstances shall an Owner be permitted to install carpet on his/her balcony.
NAP:23654:8 30
t�
16.14. Projections.
No Dwelling Unit Owner shall cause anything to project out of any window or door
except as may be approved in writing by the Association.
16.15. Condition of Dwelling Units.
Each Dwelling Unit Owner shall keep his Dwelling Unit in a good state of
preservation and cleanliness and shall not sweep or throw or permit to be swept or thrown therefrom
or from the doors or windows thereof any dirt or other substances.
16.16. Hurricane Season/Hurricane Shutters.
16.16.1. Hurricane Season. Each Dwelling Unit Owner who plans to be absent
from his Dwelling Unit during the hurricane season must prepare his Dwelling Unit prior to his
departure by removing all furniture, potted plants and other movable objects, if any, from his patio,
terrace or porch, if any, and by designating a responsible firm or individual satisfactory to the
Association to care for his Dwelling Unit should the Dwelling Unit suffer hurricane damage.
16.16.2. Hurricane Shutters. Any hurricane or other protective devices visible
/� from outside a Unit shall be of a type approved by the ARC (as hereinafter defined). Panel,
accordion and roll -up style hurricane shutters, if approved, may not be left closed during hurricane
season. Any such approved hurricane shutters may be installed or closed up to seventy-two (72)
hours prior to the expected arrival of a hurricane and must be removed or opened within seventy-two
(72) hours after the end of a hurricane watch or warning or as the Board may determine otherwise.
16.17. Structural Modifications.
A Dwelling Unit Owner may not make or cause to be made any structural
modifications to his Dwelling Unit without the Association's prior written consent, which consent
may be unreasonably withheld.
16.18. Board's Rule -Making Power.
The Association, through its Board, may, from time to time, promulgate such other
rules and regulations with respect to the Condominium and other portions of Tequesta Trace as it
determines to be in the best interests of Tequesta Trace, the Condominium and the Dwelling Unit
Owners. The Board may promulgate, modify, alter, amend or rescind such rules and regulations
provided such promulgation, modifications, alterations and amendments: (i) are consistent with the
use covenants set forth in the Condominium Documents; (ii) apply equally to all lawful Tequesta
Trace residents without discriminating on the basis of whether a Dwelling Unit is occupied by a
Dwelling Unit Owner or his lessee; and (iii) in Developer's opinion, for so long as Developer holds
any Dwelling Units for sale in the ordinary course of business, would not be detrimental to the sales
of Dwelling Units by Developer.
16.19. Limitations.
NAP:23654:8 31
Notwithstanding any other rule, regulation, or restriction to the contrary herein
contained, the Board shall make reasonable accommodations in the rules, regulations or restrictions,
if such accommodations may be necessary to afford a handicapped person equal opportunity to use
and enjoy the Condominium Property and other portions of Tequesta Trace.
17. ARCHITECTURAL REVIEW CONBUTTEE
17.1. Architectural Review Committee; Improvements to Dwelling Units, Etc.
In order to preserve the values and provide for the uniform appearance of Tequesta Trace,
the architectural review and control functions of Developer and the Association herein set forth shall
be administered and performed by the Architectural Review Committee ("ARC") which shall be
established as follows:
17.1.1. The Architectural Review Committee. Initially, the ARC shall consist of not
less than three (3) nor more than seven (7) members designated by Developer who may be
employees of Developer or members of the Board but who need not be Dwelling Unit Owners or
members of the Board. Developer shall retain the power to replace such designees and may in its
discretion increase the number of members on the ARC. Upon the resignation or replacement of any
1,N member of the ARC, the Board shall place or cause to be placed in the books of the Association a
notice of such resignation or replacement thereof together with a Notice of Appointment as to the
successor of the departing ARC member, both of which shall be signed by Developer, or its assignee,
pursuant to subparagraph 17.1.1.1 hereof.
17.1.1.1. For so long as Developer is entitled to select members of the
ARC, Developer may, at Developer's sole discretion and for such period as Developer may
determine, assign said right to appoint ARC members to a management or other non -Developer
entity. Said assignee shall be solely responsible for the selection and actions of the ARC during the
period of assignment. Notice of such assignment shall be given to the Board, which shall piace, or
cause to be placed, any such notice in the books of the Association.
17.1.1.2. Notwithstanding anything herein to the contrary, at such time
as Developer no longer owns any portion of the Property, or when Developer voluntarily so elects,
whichever shall first occur ("ARC Turnover Date"), Developer shall assign to the Association the
right to appoint members of the ARC, whereupon the Board shall thereafter appoint the members
of the ARC.
17.1.2. The Architectural Review Committee Action. A majority of the members of
the ARC may designate a member of the ARC to act for it subject to Developer's approval. Approval
or disapproval by a majority of the members of the ARC shall constitute the official approval or
disapproval of the ARC. In the event of the death or resignation of any member of the ARC prior
to the assignment of Developer's right to appoint ARC members pursuant to subparagraph 17.1.1.2
hereinabove, Developer shall have the full authority to designate a successor.
NAP:23654:8 32
17.1.3. Requirement of The Architectural Review Committee Approval. Except for
Dwelling Units and improvements constructed, installed or placed by Developer or with the approval
of Developer, and additions, alterations, modifications and changes to any of the foregoing by
Developer or with the approval of Developer (collectively, "Developer Improvements"), which
Developer Improvements are not subject to the approval of the ARC and are hereby deemed to
conform to the plan of development for Tequesta Trace, no improvements of any kind including,
without limitation, any building, shed, play structure, wall, topographical feature, mailbox,
landscaping, fence, swimming pool, tennis court or screened enclosure shall be erected, placed or
maintained, and no addition, alteration, modification or change to any such improvement shall be
made without the prior written approval of the ARC, including, but not limited to, painting the
Dwelling Unit in a color other than the color originally placed by Developer on the painted surface.
17.1.4. Method of Obtaining The Architectural Review Committee Approval. In
order to obtain the approval of the ARC, two (2) complete sets of plans and specifications ("Plans")
for proposed construction shall be submitted to the ARC for its review. The Plans shall include, as
appropriate, the proposed location, grade, elevations, shape, dimensions, exterior color plans,
approximate costs, and nature, type and color of materials to be used. The ARC may also require
the submission of additional information and materials as may be reasonably necessary for the ARC
to evaluate the proposed Plans. The ARC shall review and approve or disapprove all Plans
submitted to it for any proposed improvement, alteration or addition solely on the basis of aesthetic
standards as to the aesthetic quality of materials and workmanship to be used, suitability, uniformity
and harmony of location, structure and external design in relation to surrounding topography and
structures and the overall benefit or detriment which would result to the Property as a whole. The
ARC shall take into consideration the aesthetic aspects of the architectural design, placement of
buildings, landscaping, color schemes, exterior finishes and materials and similar features and shall
not be responsible for reviewing, nor shall its approval of any Plans or design be deemed approval
of, any design or Plans from the standpoint of structural safety or conformance with building or other
codes.
17.1.5. Approval or Disapproval by the Architectural Review Committee. The ARC
shall have the right to refuse to approve any proposed Plans which, in its sole discretion, are not
suitable or desirable. In approving or disapproving Plans, the ARC shall consider the suitability of
the proposed improvements and/or Plans, the site upon which the proposed improvements are to be
erected, the harmony thereof with the surrounding area, property, Dwelling Units, and other
improvements and the effect thereof on the adjacent or neighboring property. Any and all approvals
or disapprovals of the ARC shall be in writing and shall be sent to the Board and to each respective
Dwelling Unit Owner submitting same. In the event the ARC fails to approve or to disapprove in
writing any Plans forty-five (45) days after submission to the ARC of the Plans and any and all other
reasonably requested information and materials related thereto and delivery of a written request for
approval or disapproval to the ARC by Dwelling Unit Owner or Dwelling Unit Owner's agent or
attorney, then said Plans shall be deemed to have been approved by the ARC. All construction and
landscaping shall be done in accordance with the Plans approved by the ARC, unless a deviation
therefrom has been approved in writing by the ARC. In the event the ARC disapproves any Plans
submitted to it ("Disapproval"), then in such event, the ARC shall notify said Dwelling Unit Owner
in writing of such disapproval and the reason therefore. Said Dwelling Unit Owner may thereafter
request reconsideration, by Developer until the ARC Turnover Date and thereafter by the Board,
NAP:23654:8 33
within forty-five (45) days of the Disapproval by submitting to Developer or the Board, as the case
may be, a copy of the Plans accompanied with a written statement setting forth the grounds for the
appeal. If not appealed to Developer or the Board, as the case may be, within said forty-five (45)
day period, such Disapproval by the ARC shall be final and binding on all parties concerned
therewith. Developer or the Board, as the case may be, shall have forty-five (45) days to approve
or disapprove the Plans. In approving or disapproving any Plans on appeal, Developer's or Board's
decision, as the case may be, shall be governed by the same factors that the ARC is required to
consider. In no event, however, shall any improvement be erected or be allowed to remain which
violates any conditions or restrictions contained in this Declaration, any other of the Condominium
Documents or any applicable zoning or building ordinance or regulation.
17.1.6. The Architectural Review Committee Standards. The ARC is empowered to
publish or modify from time to time design and development standards for Tequesta Trace including,
but not limited to, standards for the following ("Standards"): (i) architectural design of
improvements including, but not limited to, design standards for any Dwelling Unit or other
improvement constructed within the Property; (ii) walls and similar structures; (iii) exterior building
materials and colors; (iv) exterior topography and landscaping; (v) exterior appurtenances relating
to utility installation; (vi) signs and graphics, mailboxes and exterior lighting; (vii) building setbacks,
pools and pool decks, side yards and related height, bulk and design criteria; (viii) pedestrian and
bicycle ways, sidewalks and pathways; and (ix) all buildings, topography features, landscaping and
improvements on lands owned or controlled by the Association. All such Standards shall provide
for a uniform appearance of all improvements, consistent with the overall appearance of Tequesta
Trace. A copy of the Standards promulgated by the ARC shall be approved by Developer prior to
the ARC Turnover Date and thereafter by the Board. A Dwelling Unit Owner may obtain a copy
of the Standards from the Association by making a written request therefor. The ARC may
authorize, in a reasonable manner so as not to destroy the general scheme or plan of development
of Tequesta Trace, variances from compliance with any Standards which it has promulgated pursuant
hereto when circumstances such as topography, natural obstructions, hardship, aesthetics or
environmental considerations may require. If any such variance is granted, no violation of the
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 that particular property
and particular provision hereof or Standards promulgated hereby which are covered by the variance.
Such variance shall be evidenced in writing and executed by the members of the ARC.
17.1.7. Liability; Indemnification. The ARC, the Board, the Association and
Developer do not determine or assume any responsibility for the quality of construction or structural
soundness of any improvements and no obligation or liability relating to construction of any
improvements shall result from review or approval of any Plans by the ARC, Board, Association,
or Developer. Furthermore, the ARC, the Board, the Association, and Developer do not evaluate
Plans to determine whether the Plans satisfy all applicable governmental requirements. No member
of the ARC, the Board, the ARC's duly authorized representative, the Association, nor Developer
shall be liable to any Dwelling Unit Owner or any other person or entity for any loss, damage, injury
or expense arising out of or in any way connected with the performance of said party's duties
hereunder, unless due to willful misconduct. Each and every member of the ARC, including, but
not limited to, members designated by Developer, shall be indemnified by the Association and the
NAP:23654:8 34
Wo
Dwelling Unit Owners against all costs, expenses and liabilities, including Legal Fees reasonably
incurred by or imposed upon said members in connection with any proceeding, litigation or
settlement in which said member becomes involved by reason of being or having been a member or
representative of the ARC, the Board, or Developer which reviewed an appeal of a ARC decision,
or any settlement thereof. The foregoing provisions for indemnification shall apply whether or not
said member is a member or representative of the ARC, the Board, or Developer which reviewed
an appeal of a ARC decision, or any settlement thereof at the time such expenses are incurred.
Notwithstanding the above, in instances where such an individual admits or is adjudged guilty of
willful misfeasance or malfeasance in the performance of said member's duties, the indemnification
provisions of this Declaration shall not apply; otherwise, the foregoing rights to indemnification
shall be in addition to and not exclusive of any and all rights of indemnification to which a member
of the ARC may be entitled whether by statute or common law or other provision of the
Condominium Documents.
17.1.8. Enforcement. There is specifically reserved unto the ARC the right of entry and
inspection upon any Dwelling Unit or other portion of the Property for the purpose of determination of
whether there exists any construction of any improvement which violates the terms of any approval by the
ARC or the terms of this Declaration or of any other covenants, conditions, and restrictions to which the deed
associated with such Dwelling Unit or other instrument of conveyance makes reference. Except in
emergencies, any exercise of the right of entry and inspection by the ARC hereunder shall be made only upon
reasonable notice given to the Dwelling Unit Owner of record at least twenty-four (24) hours in advance of
such entry. The ARC is specifically empowered to enforce the provisions of this Declaration by any legal
or equitable remedy and in the event it becomes necessary to resort to litigation to determine the propriety
of any constructed improvement, or to remove any unapproved improvement. The prevailing party in such
litigation shall be entitled to recover all Legal Fees in connection therewith. The Association shall indemnify
and hold harmless the ARC from all costs, expenses and liabilities, including Legal Fees incurred by virtue
of any member of the ARC's service as a member of the ARC.
18. MAINTENANCE AND REPAIR PROVISIONS
18.1. By Dwelling Unit Owners.
18.1.1. Maintenance and Repair. Each Dwelling Unit Owner shall maintain in good
condition, repair and replace at his expense all portions of his Dwelling Unit, including any
screening on his patio, terrace or porch, all window panes, window screens and all interior surfaces
within or surrounding his Dwelling Unit (such as the surfaces of the walls, ceilings and floors),
walkway and all exterior doors, casings and hardware therefor, including garage door openers which
are installed by the Owner which must be either belt driven or screw driven; maintain and repair the
fixtures therein, including the air conditioning equipment; and pay for any utilities which are
separately metered to his Dwelling Unit. Every Dwelling Unit Owner must perform promptly all
maintenance and repair work within his Dwelling Unit, as aforesaid, which if not performed would
affect the Condominium Property, Tequesta Trace in its entirety or a Dwelling Unit belonging to
n another
NAP:23654:8 35
Dwelling Unit Owner. Each Dwelling Unit Owner shall be expressly responsible for the damages
and liabilities that his failure to perform his above -mentioned responsibilities may engender. Said
Dwelling Unit shall be maintained and repaired in accordance with the building plans and
specifications utilized by Developer, copies of which are to be on file in the office of the
Association, except for changes or alterations approved by the Board as provided in this Declaration.
18.1.2. Alterations. No Dwelling Unit Owner shall make any alterations in the
Building or the Common Elements which are to be maintained by the Association or remove any
portion thereof or make any additions thereto or do anything which would or might jeopardize or
impair the safety or soundness of the Building, the Common Elements, the Limited Common
Elements or which, in the sole opinion of the Board, would detrimentally affect the architectural
design of the building without first obtaining the written consent of the Board.
18.1.3. Painting and Board Approval. No Dwelling Unit Owner shall paint,
refurbish, stain, alter, decorate, repair, replace or change the Common Elements or any outside or
exterior portion of the Building maintained by the Association, including terraces, balconies,
porches, doors or window frames (except for replacing window panes), etc. No Dwelling Unit
Owner shall have any exterior lighting fixtures, mail boxes, window screens, screen doors, doorbells,
awnings, hurricane shutters, hardware or similar items installed which are not consistent with the
general architecture of the Building maintained by the Association without first obtaining specific
written approval of the Board. The Board shall not grant approval if, in its opinion, the effect of any
of the items mentioned herein will be unsightly as to the portion of the Building maintained by the
Association and unless such items substantially conform to the architectural design of the Building
and the design of any such items which have previously been installed at the time the Board approval
is requested.
18.1.4. Duty to Report. Each Dwelling Unit Owner shall promptly report to the
Association or its agents any defect or need for repairs on the Condominium Property or other
portions of Tequesta Trace the responsibility for the remedying of which is that of the Association.
18.1.5. Use of Licensed Plumbers and Electricians. No Dwelling Unit Owner shall
have repairs made to any plumbing or electrical wiring within a Dwelling Unit, except by licensed
plumbers or electricians authorized to do such work by the Board. The provisions as to the use of
a licensed plumber or electrician shall not be applicable to any Institutional Mortgagee or to
Developer. Plumbing and electrical repairs within a Dwelling Unit shall be paid for by and shall be
the financial obligation of the Dwelling Unit Owner, unless such repairs are made in a Dwelling Unit
to plumbing and electrical systems servicing more than one (1) Dwelling Unit.
18.1.6. Access by Association. Each Dwelling Unit Owner shall permit the
Association to have access to his Dwelling Unit from time to time during reasonable hours when
necessary for the maintenance, repair or replacement of any Common Elements or for making
emergency repairs therein necessary to prevent damage to the Common Elements or to another
Dwelling Unit.
18.1.7. Air -Conditioning. Air conditioning units and service lines regarding any
such air conditioning units which serve only one Dwelling Unit shall be maintained, replaced or
NAP:23654:8 36
repaired by the Dwelling Unit Owner whose Dwelling Unit is serviced by the air conditioning unit;
provided, however, that if any repair or alteration is to be made in any Common Elements, the Board
shall approve all such work.
18.1.8. Liability for Actions. A Dwelling Unit Owner shall be liable for the expense
of any maintenance, repair or replacement of any real or personal property rendered necessary by
his act, negligence or carelessness, or by that of his lessee or any member of their families, or their
guests, employees or agents (normal wear and tear excepted) but only to the extent that such expense
is not met by the proceeds of insurance carried by the Association. Such liability shall include the
cost of repairing broken windows. A Dwelling Unit Owner shall also be liable for any personal
injuries caused by his negligent acts or those of his lessee or any member of their families, or their
guests, employees or agents. Nothing herein contained, however, shall be construed so as to modify
any waiver by insurance companies of rights of subrogation.
18.2. By the Association.
18.2.1. Improvements. The Association shall maintain, repair and replace as
necessary all of the Common Elements, including the driveways, landscaping and sprinkler systems
as well as exterior surfaces of the Buildings. Notwithstanding the foregoing, the Association's
maintenance responsibility for driveways shall not include cleaning; rather cleanup of driveways
shall be the responsibility of the Dwelling Unit Owner who is entitled to use such driveway. Further,
in the event the Association permits a Dwelling Unit Owner to install a covering on the surface of
his or her driveway, such as but not limited to brick pavers, then the covering shall remain the
property of such Dwelling Unit Owner and the Association shall not be responsible for any damage
to such covering in the event of the need to repair the driveway.
18.2.2. Utilities. The Association shall maintain, repair and replace all conduits,
ducts, plumbing, wiring and other facilities for the furnishing of any and all utility services and the
maintenance of the sanitary sewer service laterals leading to the Buildings but excluding therefrom
appliances, wiring, plumbing fixtures and other facilities within a Dwelling Unit. The Association
shall also be responsible for water utility charges which may be commonly metered.
18.2.3. Perimeter Wall. The perimeter wall constructed by Developer along Old
Dixie Highway and Tequesta Drive shall be maintained and owned by the Association. The
landscaping in the rights -of -way or along the Perimeter Wall shall be maintained by the Association
as an "Area of Common Responsibility" and the costs and expenses for the maintenance, repair and
replacement of the landscaping shall be a Common Expense.
18.2.4. Underground Exfiltration System ("Surface Water Management System").
The Association shall be responsible to operate and maintain the Surface Water Management System
as permitted by the South Florida Water Management District ("SFWMD"). A copy of the SFWMD
permit is attached hereto as part of Exhibit 11. Copies of this permit and any future SFWMD permit
actions will be maintained by the Association's registered agent for the Association's benefit.
18.2.5. The Association shall conduct annual inspections to monitor trench function.
This shall include observations after extended or heavy rainfall to identify surface ponding that
NAP:23654:8 37
might indicate localized or widespread clogging. Water levels within the inlets should be recorded
to check exfiltration capacity. Inlets pumps shall be inspected for sediment buildup and if found to
be excessive removed manually or by vacuum pump.
18.2.5.1. The Association shall minimize erosion by implementing a
vigorous landscape maintenance regimen that promotes healthy lawn growth. In addition, mowers
shall be equipped with catchers to prevent clippings from entering the system.
18.2.5.2. The SFW 1D requires the following additional language to be
included in this Declaration: The life expectancy of the system is generally fifteen (15) years. At
that point, rehabilitation would be required. A reserve fund equal to the initial construction cost
(approximately $50,000.00) would be typical. This work could be coordinated with the expected
roadway resurfacing to reduce the total expenditure.
18.2.5. Compliance With Regulations of Public Bodies. The Association shall
perform such acts and do such things as shall be lawfully required by any public body having
jurisdiction over the same in order to comply with sanitary requirements, fire hazard requirements,
zoning requirements, setback requirements, drainage requirements and other similar requirements
designed to protect the public. The cost of the foregoing shall be a Common Expense.
110� 18.2.6. Common Expense. All costs and expenses of maintenance described in this
Article 18.2 shall be a Common Expense.
18.3. Developer's Warranties.
Notwithstanding anything contained in this Article 18 to the contrary, each Dwelling
Unit Owner acknowledges and agrees that Developer shall be irreparably harmed if a Dwelling Unit
Owner undertakes the repair or replacement of any defective portion of a Dwelling Unit, a Building,
the Common Elements or any other real or personal property constituting the Condominium Property
or other portions of Tequesta Trace during the time in which Developer is liable under any
warranties in connection with the sale of any Dwelling Unit. Accordingly, each Dwelling Unit
Owner hereby agrees (i) to promptly, upon such Dwelling Unit Owner's knowledge of the existence
of any such defective portion, provide written notice to Developer specifying each such defective
portion, upon the receipt of which Developer shall have thirty (30) days ("Repair Period") to
commence the repair or replacement of such defective portion and diligently pursue the completion
thereof; and (ii) not to repair, replace or otherwise adjust any such defective portion during the
Repair Period; provided, however, that if Developer fails to commence the repair or replacement of
such defective portion within the Repair Period, such Dwelling Unit Owner may repair or replace
same. If any Dwelling Unit Owner fails to comply with the provisions of this Paragraph 18.3, such
Dwelling Unit Owner will be deemed to have breached his obligation to mitigate damages and such
Dwelling Unit Owner's conduct shall constitute an aggravation of damages.
18.4. Alterations and Improvements.
The Association shall have the right to make or cause to be made structural changes
and improvements of the Common Elements which are approved by the Board and which do not
NAP:23654:8 38
prejudice the rights of any Dwelling Unit Owner or any Institutional Mortgagee. In the event such
changes or improvements prejudice the rights of a Dwelling Unit Owner or Institutional Mortgagee,
the consent of such Dwelling Unit Owner or Institutional Mortgagee so prejudiced shall be required
before such changes or improvements may be made or caused. In any event, approval of the Board
shall be submitted for ratification by the affirmative vote of the Dwelling Unit Owners of two-thirds
(2/3) of the Dwelling Units if the cost of the same shall be a Common Expense which shall exceed
One Thousand Dollars ($1,000) per Dwelling Unit. The cost of such alterations and improvements
shall be assessed among the Dwelling Unit Owners in proportion to their share of Common
Expenses.
19. ASSESSMENTS FOR COMMON EXPENSES; ESTABLISHMENT AND
ENFORCEMENT OF LIENS
19.1. Affirmative Covenant to Pay Common Expenses.
In order to: (i) fulfill the covenants contained in this Declaration; (ii) provide for
maintenance and preservation of the Common Elements for the recreation, safety, welfare, and
benefit of Dwelling Unit Owners, their invitees, guests, family members and lessees, subject to the
terms of this Declaration; and (iii) provide for maintenance and preservation of the services and
amenities provided for herein, there is hereby imposed upon the Dwelling Units and the Dwelling
Unit Owners thereof the affirmative covenant and obligation to pay the Assessments including, but
not limited to, the Annual Assessments. Each Dwelling Unit Owner, by acceptance of a deed or
other instrument of conveyance for a Dwelling Unit, whether or not it shall be so expressed in any
such deed or instrument, shall be so obligated and agrees to pay to the Association all Assessments
determined in accordance with the provisions of this Declaration and all of the covenants set forth
herein shall run with the Condominium Property and each Dwelling Unit therein.
19.2. Lien.
The Annual Assessment and Special Assessments, as determined in accordance with
Article 19 hereof, together with Interest thereon and costs of collection thereof, including Legal Fees
as hereinafter provided, are, pursuant to the Act, subject to a lien right on behalf of the Association
to secure payment thereof and such Assessments are hereby declared to be a charge on each
Dwelling Unit and shall be a continuing lien upon the Dwelling Unit against which each such
Assessment is made. Each Assessment against a Dwelling Unit together with Interest thereon and
costs of collection thereof, including Legal Fees, shall be the personal obligation of the person,
persons, entity and/or entities owning the Dwelling Unit so assessed. The Association's statutory
lien for Assessments shall be effective only from and after the time of recordation amongst the
Public Records of the County of a written acknowledged statement by the Association, as of the date
the statement is signed setting forth the description of the condominium parcel, the name of the
record owner, the name and address of the association, the amount due to the Association and the
due dates. Upon full payment of all sums secured by such lien or liens, the party making payment
shall be entitled to a recordable satisfaction of the statement of lien.
NAP:23654:8 39
?"\
19.2. L Personal Obligation. Each Assessment against a Dwelling Unit, together
with Interest thereon and costs of collection thereof, including Legal Fees, shall be the personal
obligation of the person, persons, entity and/or entities owning the Dwelling Unit so assessed.
19.2.2. Institutional Mortgagees. An Institutional Mortgagee or other person who
obtains title to a Dwelling Unit by foreclosure of a first mortgage, or Institutional Mortgagee who
obtains title to a Dwelling Unit by deed in lieu of foreclosure, shall be liable for the unpaid
Assessments that became due prior to such acquisition of title to the extent required by Section
718.116, Florida Statutes as it exists at the time of recording this Declaration in the Public Records
of the County. Assessments which are not due from such Institutional Mortgagee shall become a
Common Expense collectible from all Dwelling Unit Owners pursuant to Paragraph 20.9 hereof.
19.3. Enforcement.
In the event that any Dwelling Unit Owner shall fail to pay any Annual Assessment,
or installment thereof, or any Special Assessment, or installment thereof, charged to his Dwelling
Unit within fifteen (15) days after the same becomes due, then the Association, through its Board,
shall have the following remedies:
(i) To advance, on behalf of the Dwelling Unit Owner in default, funds to
accomplish the needs of the Association; provided that: (a) the amount or
amounts of monies so advanced, including Legal Fees and expenses which
have been reasonably incurred because of or in connection with such
payments, together with Interest thereon, may thereupon be collected by the
Association; and (b) such advance by the Association shall not waive the
default of the Dwelling Unit Owner in failing to make its payments;
(ii) To accelerate the entire amount of any Assessments for the remainder of the
budget year in accordance with the provisions of the Act and rules set forth
in the Florida Administrative Code promulgated by the Division of Florida
Land Sales, Condominiums and Mobile Homes;
(iii) To file an action in equity to foreclose its lien at any time after the effective
date thereof or an action in the name of the Association in like manner as a
foreclosure of a mortgage on real property; and
(iv) To file an action at law to collect the amount owing plus Interest and Legal
Fees without waiving its lien rights and its right of foreclosure.
20. METHOD OF DETERMINING, ASSESSING AND COLLECTING ASSESSMENTS
/0-N, The Assessments as hereinafter set forth and described shall be assessed to and collected
from Dwelling Unit Owners on the following basis:
20.1. Determining Annual Assessment.
NAP:23654:8 40
20.1.1. Expenses. The total anticipated Common Expenses for each calendar year
shall be set forth in a schedule to the Budget of the Association which shall be prepared by the Board
as described in the Articles and Bylaws. The total anticipated Common Expenses shall be that sum
necessary for the maintenance and operation of the Condominium and such expenses shall be
allocated to the Dwelling Units based upon each Dwelling Unit's share of the Common Expenses,
which allocated sum, as determined in accordance with any agreement entered into by the
Association for monitored alarm service shall be assessed as the "Annual Assessment." The Annual
Assessment may be adjusted quarterly in the instance where the Board determines that the estimated
Common Expenses are insufficient to meet the actual Common Expenses being incurred, in which
event the anticipated Common Expenses for the remaining quarters may be increased accordingly
in calculating the Annual Assessment.
20.1.2. Assessment Payment. The Annual Assessment shall be payable monthly in
advance on the first day of each month, or at such other time as may be determined by the Board
from time to time but in no event less frequently than monthly. The Association may at any time
require the Dwelling Unit Owners to maintain a minimum balance on deposit with the Association
to cover future installments of Assessments. The amount of such deposit shall not exceed
one -quarter (1/4) of the then current Annual Assessment for the Dwelling Unit.
20.2. Special Assessments.
In addition to the Annual Assessment, Dwelling Unit Owners shall be obligated to
pay such Special Assessments as shall be levied by the Board against their Dwelling Units in
accordance with the Bylaws, either as a result of (i) extraordinary items of expense; (ii) the failure
or refusal of other Dwelling Unit Owners to pay their Annual Assessment; or (iii) such other reason
or basis determined by the Board which is not inconsistent with the terms of the Condominium
Documents or the Act.
21. COMMON EXPENSES
The following expenses are declared to be Common Expenses of the Condominium which
each Dwelling Unit Owner is obligated to pay to the Association as provided in this Declaration and
the Condominium Documents.
21.1. Taxes.
Any and all taxes levied or assessed at any and all times by any and all taxing
authorities including all taxes, charges, assessments and impositions and liens for public
improvements, special charges and assessments and water drainage districts, and in general all taxes
and tax liens which may be assessed against the Common Elements and against any and all personal
property and improvements, which are now or which hereafter may be a portion thereof to be placed
thereon, including any interest, penalties and other charges which may accrue thereon shall, as
appropriate, be considered Common Expenses.
21.2. Utility Charges.
NAP:23654:8 41
All charges levied for utilities providing services for the Common Elements, whether
they are supplied by a private or public firm shall, as appropriate, be considered Common Expenses.
It is contemplated that this obligation will include all charges for water, gas, electricity, telephone,
sewer and any other type of utility or any other type of service charge incurred in connection with
the Common Elements. If required by the Village of Tequesta, the municipality in which the Land
is located, title to the water and sewer lines located within the Condominium Property will be
conveyed to the Association by the date of the "Majority Election Meeting" (as defined in the
Articles) and the Association will be responsible for the maintenance thereof. The cost of such
maintenance shall be a Common Expense.
21.3. Insurance.
The premiums on any policy or policies of insurance required to be maintained under this
Declaration and the premiums on any policy or policies the Association determines to maintain on
the Condominium Property or specifically related to this Condominium, even if not required to be
maintained by the specific terms of this Declaration, shall be Common Expenses.
21.4. Destruction of Buildings or Improvements.
Any sums necessary to repair or replace, construct or reconstruct damages caused by
the destruction of any building or structure upon the Common Elements by fire, windstorm, flood
or other casualty regardless of whether or not the same is covered in whole or in part by insurance,
including all amounts required to be deducted from any proceeds received by the Association from
an insurer pursuant to a deductible clause in the applicable insurance agreement, shall be Common
Expenses. In the event insurance money shall be payable, such insurance money shall be paid to the
Association who shall open an account with a banking institution doing business in the County, for
the purpose of providing a fund for the repair and reconstruction of the damage. The Association
shall pay into such account, either in addition to the insurance proceeds, or in the event there are no
insurance proceeds, such sums as may be necessary so that the funds on deposit will equal the costs
of repair and reconstruction of the damage or destruction. The sums necessary to pay for the damage
or destruction as herein contemplated shall be considered Common Expenses, but shall be raised by
the Association under the provisions for Special Assessments as provided in Paragraph 20.2 of this
Declaration. The Association agrees that it will levy Special Assessments to provide the finds for
the cost of reconstruction or construction within ninety (90) days from the date the destruction takes
place and shall go forward with all deliberate speed so that the construction or reconstruction, repair
or replacement, shall be completed, if possible, within nine (9) months from the date of damage.
21.5. Maintenance, Repair and Replacements
Common Expenses shall include all expenses necessary to keep and maintain, repair
and replace any and all buildings, improvements, Surface Water Management System, personal
property and furniture, fixtures and equipment of the Association upon the Common Elements,
including driveways (except as provided in Paragraph 19.3(1) hereof), landscaping, and lawn and
sprinkler service, in a manner consistent with the development of the Condominium and in
accordance with the covenants and restrictions contained herein, and with all orders, ordinances,
rulings and regulations of any and all federal, state and city governments having jurisdiction
NAP:23654:8 42
thereover including the statutes and laws of the State of Florida and the United States. This shall
include any expenses attributable to the maintenance and repair and replacement of pumps or other
equipment, if any, located upon or servicing the Condominium Property pursuant to agreements
between the Association and utility corporations. Any expenses for replacements which would not
be in the nature of normal repair and maintenance shall be the subject of a Special Assessment as
provided in Paragraph 20.2 of this Declaration.
21.6. Administrative and Operational Expenses.
The costs of administration of the Association including, but not limited to, any
secretaries, bookkeepers and other employees necessary to carry out the obligations and covenants
of the Association as to the Condominium shall be deemed to be Common Expenses. In addition,
it is contemplated that the Association may retain a management company or companies or
contractors (any of which management companies or contractors may be, but are not required to be,
a subsidiary, affiliate or an otherwise related entity of Developer) to assist in the operation of the
Condominium Property and carrying out the obligations of the Association hereunder. The fees or
costs of this or any other management company or contractors so retained shall be deemed to be part
of the Common Expenses hereunder as will fees which may be required to be paid to the Division
of Florida Land Sales, Condominiums and Mobile Homes from time to time.
e,-*N 21.7. Indemnification.
The Association covenants and agrees that it will indemnify and hold harmless
Developer and the members of the Board from and against any and all claims, suits, actions,
damages, and/or causes of action arising from any personal injury, loss of life, and/or damage to
property sustained in or about the Condominium Property or the appurtenances thereto from and
against all costs, Legal Fees, expenses and liabilities incurred in and about any such claim, the
investigation thereof or the defense of any action or proceeding brought thereon, and from and
against any orders, judgments and/or decrees which may be entered therein. Included in the
foregoing provisions of indemnification are any expenses that Developer may be compelled to incur
in bringing suit for the purpose of compelling the specific enforcement of the provisions, conditions
and covenants contained in this Declaration to be kept and performed by the Association.
21.8. Compliance with Laws.
The Association shall take such action as it determines necessary or appropriate in
order for the Common Elements to be in compliance with all applicable laws, statutes, ordinances
and regulations of any governmental authority, whether federal, state or local, including, without
limitation, any regulations regarding zoning requirements, setback requirements, drainage
requirements, sanitary conditions and fire hazards, and the cost and expense of such action taken by
the Association shall be a Common Expense.
21.9. Failure or Refusal of Dwelling Unit Owners to Pay Annual Assessments.
NAP:23654:8 43
Funds needed for Common Expenses due to the failure or refusal of Dwelling Unit
Owners to pay their Annual Assessments levied shall, themselves, be deemed to be Common
Expenses and properly the subject of an Assessment.
21.10. Extraordinary Items.
Extraordinary items of expense under this Declaration such as expenses due to
casualty losses and other extraordinary circumstances shall be the subject of a Special Assessment.
21.11. Matters of Special Assessments Generally.
Amounts needed for capital improvements, as hereinbefore set forth, or for other
purposes or reasons as determined by the Board to be the subject of a Special Assessment which are
not inconsistent with the terms of any of the Condominium Documents must also be approved by
a majority vote of the Dwelling Unit Owners at any meeting of members of the Association having
a quorum, except that no such approval need be obtained for a Special Assessment for the
replacement or repair of a previously existing improvement on the Condominium Property which
was destroyed or damaged, it being recognized that the sums needed for such capital expenditure
shall be the subject of a Special Assessment.
/'1 21.12. Costs of Reserves.
The funds necessary to establish an adequate reserve fund ("Reserves") for periodic
maintenance, repair and replacement of the Common Elements and the facilities and improvements
thereupon in amounts determined sufficient and appropriate by the Board from time to time shall be
a Common Expense. Reserves shall be levied, assessed and/or waived in accordance with the Act.
The Reserves shall be deposited in a separate account to provide such funds and reserves. The
monies collected by the Association on account of Reserves shall be and shall remain the exclusive
property of the Association and no Dwelling Unit Owner shall have any interest, claim or right to
such Reserves or any fund composed of same.
21.13. Miscellaneous Expenses.
Common Expenses shall include the cost of all items of costs or expense pertaining
to or for the benefit of the Association or the Common Elements, or any part thereof, not herein
specifically enumerated and which is determined to be an appropriate item of Common Expense by
the Board.
22. PROVISIONS RELATING TO PROHIBITION
OF FURTHER SUBDIVISION
22.1. Subdivision.
Except regarding such rights as may be granted by Developer hereunder, the space
within any of the Dwelling Units and Common Elements shall not be further subdivided. No time
share units may be created in any portion of the Condominium Property. Any instrument, whether
NAP:23654:8 44
a conveyance, mortgage or otherwise, which describes only a portion of the space within any
Dwelling Unit shall be deemed to describe the entire Dwelling Unit owned by the person executing
such instrument and the interest in the Common Elements appurtenant thereto.
22.2. Incorporation of Section 718.107.
Declaration.
The provisions of Section 718.107 of the Act are specifically incorporated into this
23. PROVISIONS RELATING TO SEVERABILITY
If any provision of this Declaration, any of the other Condominium Documents or the Act
is held invalid, the validity of the remainder of this Declaration, the Condominium Documents or
the Act shall not be affected.
24. PROVISIONS RELATING TO INTERPRETATION
24.1. Titles.
Article, Paragraph and subparagraph titles in this Declaration are intended only for
convenience and for ease of reference, and in no way do such titles define, limit or in any way affect
this Declaration or the meaning or contents of any material contained herein.
24.2. Gender.
Whenever the context so requires, the use of any gender shall be deemed to include
all genders, the use of the plural shall include the singular and the singular shall include the plural.
24.3. Member.
As used herein, the term "member" means and refers to any person, natural or
corporate, who becomes a member of the Association, whether or not that person actually
participates in the Association as a member.
24.4. Rule Against Perpetuities.
In the event any court should hereafter determine any provisions as originally drafted
herein in violation of the rule of property known as the "rule against perpetuities" or any other rule
of law because of the duration of the period involved, the period specified in this Declaration shall
not thereby become invalid, but instead shall be reduced to the maximum period allowed under such
rule of law, and for such purpose, "measuring lives" shall be that of the incorporator of the
Association.
25. PROVISIONS CONTAINING REMEDIES FOR VIOLATION
NAP:23654:8 45
Each Dwelling Unit Owner shall be governed by and shall comply with the Act and all of
the Condominium Documents as such Condominium Documents may be amended and
supplemented from time to time. Failure to do so shall entitle the Association, any Dwelling Unit
Owner or any Institutional Mortgagee holding a mortgage on any portion of the Condominium
Property to sue for either injunctive relief, for damages or for both, and such parties shall have all
other rights and remedies which may be available at law or in equity. The failure to enforce
promptly any of the provisions of the Condominium Documents shall not bar their subsequent
enforcement. In any proceeding arising because of an alleged failure of a Dwelling Unit Owner to
comply with the terms of the Condominium Documents, the prevailing party shall be entitled to
recover the costs of the proceeding and Legal Fees. The failure of the Board to object to Dwelling
Unit Owners' or other parties' failure to comply with covenants or restrictions contained herein or
in any of the other Condominium Documents (including the rules and regulations promulgated by
the Board) now or hereafter promulgated shall in no event be deemed to be a waiver by the Board
or of any other party having an interest therein of its rights to object to same and to seek compliance
therewith in accordance with the provisions of the Condominium Documents.
26. PROVISIONS FOR ALTERATIONS OF DWELLING UNITS BY DEVELOPER
26.1. Developer's Reserved Right.
40"*N Developer reserves the right to alter, change or modify the interior design and
arrangement of all Dwelling Units and to nonmaterially alter the boundaries between the Dwelling
Units as long as Developer owns the Dwelling Units so altered (which alterations in Developer's
Dwelling Units are hereinafter referred to as the "Alterations"). Any material alterations require the
majority approval of the Voting Interests in the Condominium.
26.2. Alterations Amendment.
Any Alterations which will alter the boundaries of existing Common Elements of this
Condominium other than interior walls abutting Dwelling Units owned by Developer and the
Common Elements therein and not including proposed Common Elements of any Subsequent Phase
not then submitted to condominium ownership will first require an amendment to this Declaration
in the manner provided in Article 25 hereof
In the event the Alterations do not require an amendment in accordance with the
above provisions, then, as long as Developer owns the Dwelling Units being affected, an amendment
of this Declaration shall be filed by Developer ("Developer's Amendment") in accordance with the
provisions of this Paragraph. Such Developer's Amendment need be signed and acknowledged only
by Developer and need not be approved by the Association, Dwelling Unit Owners or lienors or
mortgagees of the Dwelling Units, whether or not such approvals are elsewhere required for an
amendment of this Declaration; provided, however, if the amendment is material, then the consent
n of a majority of the Dwelling Unit Owners is also required.
27. PROVISIONS FOR AMENDMENTS TO DECLARATION
27.1. General Procedure.
NAP:23654:8 46
eo,
Except as to the Amendment described in Paragraph 25.2 hereof, and the matters
described in Paragraphs 27.2, 27.3, 27.4, 27.5, 27.6 and 27.7 below, and except when a greater
percentage vote is required by this Declaration for a certain action (in which case such greater
percentage shall also be required to effect an amendment) (e.g., Paragraph 10.2 herein), this
Declaration may be amended at any regular or special meeting of the Dwelling Unit Owners called
and held in accordance with the Bylaws, by the affirmative vote of not less than two-thirds (2/3) of
the Dwelling Unit Owners; provided that any amendment shall also be approved or ratified by a
majority of the Board as a whole. An amendment to the Declaration shall be evidenced by a
certificate executed by the Association and recorded in accordance with the Act. A true copy of such
amendment shall be sent by certified mail by the Association to Developer and to all Institutional
Mortgagees ("Mailing'). The amendment shall become effective upon the recording of the certificate
amongst the Public Records, but the certificate shall not be recorded until thirty (30) days after the
Mailing, unless such thirty (30)-day period is waived in writing by Developer and all Institutional
Mortgagees.
27.2. Material Alteration.
Except as otherwise provided in this Declaration, no amendment of the Declaration
shall change the configuration or size of any Dwelling Unit in any material fashion, materially alter
or modify the appurtenances to such Dwelling Unit, change the proportion or percentage by which
the Dwelling Unit Owner shares the Common Expenses and owns the Common Surplus and
Common Elements or the Dwelling Unit's voting rights in the Association, unless: (i) the record
owner of the unit; (ii) all record owners of liens on the Dwelling Unit join in the execution of the
amendment; and (iii) all the record owners of all other Dwelling Units approve the amendment. Any
such amendments shall be evidenced by a certificate joined in and executed by all the Dwelling Unit
Owners and all Institutional Mortgagees holding mortgages thereon and shall be recorded in the
same manner as provided in Paragraph 27.1; provided, however, no amendment to this Declaration
shall change the method of determining Annual Assessments unless approved in writing by the
Institutional Mortgagees holding mortgages encumbering two-thirds (2/3) of the Dwelling Units
encumbered by mortgages held by Institutional Mortgagees.
27.3. Defect, Error or Omission.
Whenever it shall appear to the Board that there is a defect, error or omission in the
Declaration, or in other documentation required by law to establish this Condominium, the
Association, through its Board, shall immediately call for a special meeting of the Dwelling Unit
Owners to consider amending the Declaration or other Condominium Documents. Upon the
affirmative vote of one-third (1/3) of the Dwelling Unit Owners, with there being more positive
votes than negative votes, the Association shall amend the appropriate documents. A true copy of
such amendment shall be sent in conformance with the Mailing. The amendment shall become
effective upon the recording of the certificate amongst the Public Records, but the certificate shall
not be recorded until thirty (30) days after the Mailing, unless such thirty (30) day period is waived
in writing by Developer and all Institutional Mortgagees.
27.4. Rights of Developer and Institutional Mortgagees.
NAP:23654:8 47
�1.
No amendment shall be passed which shall impair or prejudice the rights or priorities
of Developer, the Association or any Institutional Mortgagee under this Declaration and the other
Condominium Documents without the specific written approval of Developer, the Association or
any Institutional Mortgagees affected thereby. In addition, any amendment that would affect the
Surface Water Management System, including the conservation areas or water management portions
of the Common Elements, must have the prior approval of the South Florida Water Management
District.
27.5. Scrivener's Error.
The Association may amend this Declaration and any exhibits hereto, in order to
correct a scrivener's error or other defect or omission by the affirmative vote of two-thirds (2/3) of
the Board without the consent of the Dwelling Unit Owners provided that such amendment does not
materially and adversely affect the rights of Dwelling Unit Owners, lienors or mortgagees. This
amendment shall be signed by the President of the Association and a copy of the amendment shall
be furnished to the Association and all Listed Mortgagees and sent pursuant to the Mailing as soon
after recording thereof amongst the Public Records as is practicable.
27.6. Amendments Required by Secondary Mortgage Market Institutions.
Notwithstanding anything contained herein to the contrary, Developer may, without
the consent of the Dwelling Unit Owners, file any amendment which may be required by an
Institutional Mortgagee for the purpose of satisfying its Planned Unit Development criteria or such
NAP:23654:8 48
criteria as may be established by such mortgagee's secondary mortgage market purchasers, including,
without limitation, the Federal National Mortgage Association and the Federal Home Loan Mortgage
Corporation; provided, however, that any such Developer -filed amendments must be in accordance with any
applicable rules, regulations and other requirements promulgated by the United States Department of
Housing and Urban Development.
27.7. Amendments Regarding Tenants.
Any amendment to any of the Condominium Documents granting the Association or the
Board the right to approve or in any manner screen tenants of any Dwelling Unit Owner must first be
approved by a majority of the Board and three -fourths (3/4) of all Dwelling Units Owners (at a duly called
meeting of the Dwelling Unit Owners at which a quorum is present).
27.8. Condominium Documents.
The Articles, Bylaws, Master Declaration and other Condominium Documents shall be
amended as provided in such documents.
Neither this Declaration nor the Condominium Documents may be amended in any manner
that would alter or amend the Association's (its successors' or assigns') obligations which inure to the
benefit of the Village of Tequesta, or which obligate the Association to perform or abide by the site plan
approved by the Village of Tequesta for this project or the Village of Tequesta's Codes and Ordinances.
27.9. Form of Amendment.
To the extent required by the Act, as amended from time to time, no provision of this
Declaration shall be revised or amended by reference to its title or number only and proposals to amend
existing provisions of this Declaration shall contain the full text of the provision to be amended; new words
shall be inserted in the text and underlined; and words to be deleted shall be lined through with hyphens;
provided, however, if the proposed change is so extensive that this procedure would hinder rather than assist
the understanding of the proposed amendment, it is not necessary to use underlining and hyphens as
indicated for words added or deleted, but, instead a notation shall be inserted immediately preceding the
proposed amendment in substantially the following language: "Substantial Rewording of Declaration. See
provision for present text." Notwithstanding anything herein contained to the contrary, however,
failure to comply with the above format shall not be deemed a material error or omission in the amendment
process and shall not invalidate an otherwise properly promulgated amendment.
28. PROVISIONS SETTING FORTH THE RIGHT OF DEVELOPER TO SELL
DWELLING UNITS OWNED BY IT FREE OF RESTRICTIONS
SET FORTH IN ARTICLE 16
28.1. Developer's Right to Convey.
The provisions, restrictions, terms and conditions of Article 16 hereof shall not apply to
Developer as a Dwelling Unit Owner, and in the event and so long as Developer shall own any Dwelling
Unit, whether by reacquisition or otherwise, Developer shall have the absolute right to sell, convey, transfer,
mortgage or encumber in any way any such Dwelling Unit upon any terms and conditions as it shall deem
to be in its own best interests.
NAP:23654:8 49
28.2. Developer's Right to Transact Business
Developer reserves and shall have the right to enter into and transact on the
Condominium Property and other portions of Tequesta Trace any business necessary to consummate
the sale, lease or encumbrance of Dwelling Units, including the right to maintain models and a sales
and/or leasing office, place signs, employ sales personnel, hold promotional parties, use the
Common Elements and show Dwelling Units and including the right to carry on construction
activities of all types necessary to construct all improvements in Tequesta Trace pursuant to the plan
for development as set forth in Articles 5 and 6 hereof. Any such models, sales and/or leasing office,
signs and any other items pertaining to such sales and/or leasing efforts shall not be considered a part
of the Common Elements and shall remain the property of Developer.
28.3. Assignment.
This Article 28 may not be suspended, superseded or modified in any manner by any
amendment to the Declaration, unless such amendment is consented to in writing by Developer. The
right of use and transaction of business as set forth in this Article 28 may be assigned in writing by
Developer in whole or in part.
29. GENERAL PROVISIONS
29.1. Withdrawal Notice and Other Units.
29.1.1. Rights of Developer. Nothing contained in this Declaration shall be deemed
to prohibit Developer from developing any condominium units, other than the Dwelling Units within
the Condominium ("Other Units', upon any portion of any Subsequent Phase with respect to which
Developer has recorded amongst the Public Records a Withdrawal Notice.
29.1.2. Rights of Dwelling Unit Owners of Other Units to Use Phase 17 and
Easements Created for Access. In the event that Developer constructs Other Units, the owners of
such Other Units ("Other Unit Owners") and their family members, guests, invitees, and lessees may
have as an appurtenance to and a covenant running with such Other Units: (i) the right to use and
enjoy any landscaped areas, walks, drives, parking areas, other facilities and improvements,
including, but not limited to, the real property and all improvements which comprise Phase 17
(whether or not added to the Condominium Property) in the same manner and with the same
privileges as Owners have or may have from time to time; and (ii) a perpetual nonexclusive
easement over, across and through Phase 17 for the use and enjoyment thereof and from and to
public ways, including dedicated streets. Owners shall have a similar perpetual nonexclusive
easement for ingress and egress and access to, over and across the walks and other rights -of -way
located upon the portion of the Land covered by a Withdrawal Notice from and to public ways,
including dedicated streets and Phase 17 subject to rules and regulations established by the
Association governing the use and enjoyment of such easements. The Association shall not establish
any rule or regulation with respect to the use and enjoyment of Phase 17, or the easements created
by this Paragraph 29.1.2 which do not apply uniformly to the Owners, Other Unit Owners and their
respective family members, guests, invitees and lessees.
NAP:23654:8 50
29.1.3. Obligations of Other Units. In the event that Developer develops Other
Units, the Association shall itemize separately in the annual budgets of the Association, and all
adjustments and revisions thereto, the expenses ("Other Unit Expenses") anticipated to be incurred
by the Association to administer, operate, maintain, repair, and improve Phase 17, including, but not
limited to, the cost and expense of any taxes and insurance which can be determined as applicable
solely to Phase 17. The Other Unit Expenses shall be assessed equally among all existing Units and
the "Other Units Subject to Assessment" (as hereinafter defined). Each Unit's share of the Other
Unit Expenses shall be the product of the multiplication of the Other Unit Expenses multiplied by
a fraction, the numerator of which is one (1) and the denominator of which is the "Total Units" (as
hereinafter defined). Each Other Unit Subject to Assessment shall also be responsible for its
proportionate share of any expense with respect solely to Phase 17, which would be subject to a
Special Assessment against Units. "Other Units Subject to Assessment" shall mean the total number
of Other Units developed from time to time on any portion of the Land originally intended to be a
Subsequent Phase with respect to which the Developer has recorded amongst the Public Records a
Withdrawal Notice and to which Developer has granted the right to use the improvements located
upon Phase 17, which shall become subject to assessment upon the recording amongst the Public
Records of a declaration of condominium submitting such Other Units to the condominium form of
ownership. "Total Units" as used herein shall mean the sum of the number of Units within the
Condominium and the number of Other Units Subject to Assessment as determined from time to
time. In the event of condemnation of any Other Units Subject to Assessment, assessments against
such Other Units Subject to Assessment shall be reduced or eliminated on the same basis as
Assessments shall be reduced or eliminated with respect to Units.
29.1.4. Liens upon Other Units. There shall be a charge on and continuing lien upon
all Other Units Subject to Assessment against which assessment is made as provided in Paragraph
31 which shall be subject to all provisions herein to which Dwelling Units are subject, including, but
not limited to, the rights of foreclosure of Other Units Subject to Assessment and such right shall
be set forth in the documents establishing the Other Units.
29.1.5. Conflict with Other Provisions. The matters set forth in Paragraphs 29.1.2,
29.1.3 and 29.1.4 shall only become applicable if, as and when Developer develops Other Units, and,
in such event, shall control in the event of any conflict between the terms and provisions of such
Paragraphs 29.1.2, 29.1.3 and 29.1.4 and the terms and provisions of any other Paragraphs in this
Declaration. Amendment of this Article 29 shall require, in addition to any votes or approvals
elsewhere required, the written consent of Developer for so long as Developer owns any Dwelling
Units or Other Units or any portion of the Land upon which they can be built and by a majority of
the Other Unit Owners, if any.
29.1.6 Merger. In the event Developer develops Other Units which are submitted
to the condominium form of ownership, the Association may merge the condominiums operated by
the Association by calling a special meeting for such purpose, obtaining the afF=ative vote of
seventy-five percent (75%) of the owners in each such condominium, obtaining the approval of all
record owners of liens, and upon the recording of new or amended Articles of Incorporation,
Declarations, and Bylaws.
29.2 Multicondominium
NAP:23654:8 5 i
In the event there are Other Units, as described in Paragraph 28.1 hereinabove, which are
units in a condominium or condominiums operated by the Association ("Multicondominium"), then
in addition to the provisions of Paragraph 29.1, the following provisions shall also apply.
Liability for the Common Expenses of the Association which are not Common Expenses
attributable to a particular condominium or condominiums ("Association Expenses") shall be equal
as to each condominium unit operated by the Association. The Assessment for Association Expenses
as to each condominium shall be determined by dividing the Association Expenses by the total
number of condominium units operated by the Association. As to each condominium, this amount
shall be multiplied by the number of units in the condominium, which amount shall be added to the
common expenses of the condominium to be levied and assessed against the unit owners thereof in
accordance with the declaration of condominium for that condominium. The share of each Other
Unit Owner in a Multicondominium in the Common Surplus of the Association shall be determined
in the same manner.
Developer currently has no plans to have Other Unit Owners in any such Multicondominium
share common elements, other than the easement provided in subparagraph 29.1.2 hereinabove, or
to add any property to be owned by the Association.
^ In the event Developer creates a Multicondominium, each Multicondominium unit shall have
G appurtenant thereto one (1) vote in the Association, which shall be exercised personally by the unit
owner.
29.3. Severability.
Invalidation of any one of these covenants or restrictions or of any of the terms and
conditions herein contained shall in no way affect any other provisions which shall remain in full
force and effect.
29.4. Rights of Mortgagees.
29.4.1. Right to Notice. The Association shall make available for inspection upon
request, during normal business hours or under reasonable circumstances, the Condominium
Documents and the books, records and financial statements of the Association to Dwelling Unit
Owners and the holders, insurers or guarantors of any first mortgages encumbering Dwelling Units.
In addition, evidence of insurance shall be issued to each Dwelling Unit Owner and mortgagee
holding a mortgage encumbering a Dwelling Unit upon written request to the Association.
29.4.2. Rights of Listed Mortgagee. Upon written request to the Association
identifying the name and address of the Listed Mortgagee of a mortgage encumbering a Dwelling
Unit and the legal description of such Dwelling Unit, the Association shall provide such Listed
Mortgagee with timely written notice of the following:
NAP:23654:8 52
29.4.2.1. Any condemnation, loss or casualty loss which affects any material
portion of the Condominium or any Dwelling Unit encumbered by a first mortgage held, insured or
guaranteed by such Listed Mortgagee;
29.4.2.2. Any lapse, cancellation or material modification of any insurance
policy or fidelity bond maintained by the Association;
29.4.2.3. Any proposed action which would require the consent of
mortgagees holding a mortgage encumbering a Dwelling Unit; and
29.4.2.4. Any failure by a Dwelling Unit Owner owning a Dwelling Unit
encumbered by a mortgage held, insured or guaranteed by such Listed Mortgagee to perform his
obligations under the Condominium Documents, including, but not limited to, any delinquency in
the payment of Annual Assessments or Special Assessments, or any other charge owed to the
Association by said Dwelling Unit Owner where such failure or delinquency has continued for a
period of sixty (60) days.
29.4.3. Right of Listed Mortgagee to Receive Financial Statement. Any Listed
Mortgagee shall, upon written request made to the Association, be entitled free of charge to financial
statements from the Association for the prior fiscal year and the same shall be furnished within a
n reasonable time following such request.
29.4.4. Right to Cover Cost. Developer (until the Majority Election Meeting) and
any Listed Mortgagee shall have the right, but not the obligation, jointly or singularly, and at their
sole option, to pay any of the Assessments which are in default and which may or have become a
charge against any Dwelling Unit. Further, Developer (until the Majority Election Meeting) and any
Listed Mortgagees shall have the right, but not the obligation, jointly or singularly, and at their sole
option, to pay insurance premiums or fidelity bond premiums or any New Total Tax on behalf of the
Association where, in regard to insurance premiums, the premiums are overdue and where lapses
in policies may or have occurred or, in regard to New Total Taxes, where such tax is in default and
which may or has become a charge against the Condominium Property. Developer and any Listed
Mortgagees paying insurance premiums or any New Total Tax on behalf of the Association as set
forth above shall be entitled to immediate reimbursement from the Association plus any costs of
collection, including, but not limited to, Legal Fees.
29.5. Developer Approval of Association Actions.
Notwithstanding anything in this Declaration to the contrary, while Developer holds
Dwelling Units for sale or lease in the ordinary course of business, none of the following actions
may be taken without approval in writing by Developer:
(i) Assessment of Developer as a Dwelling Unit Owner
for capital improvements; and
NAP:23654:8 53
(ii) Any action by the Association that would be
detrimental to the sale or leasing of Dwelling Units by
Developer.
The determination as to what actions would be detrimental or what constitutes capital
improvements shall be in the sole discretion of Developer; provided, however, that an increase in
assessments for Common Expenses without discrimination against Developer shall not be deemed
to be detrimental to the sale or lease of Dwelling Units.
29.6. Notices.
Any notice or other communication required or permitted to be given or delivered
hereunder shall be deemed properly given and delivered upon the mailing thereof by United States
mail, postage prepaid, to: (i) any Dwelling Unit Owner, at the address of the person whose name
appears as the Owner on the records of the Association at the time of such mailing and, in the
absence of any specific address, at the address of the Dwelling Unit owned by such Owner; (ii) the
Association, certified mail, return receipt requested, at 8198 Jog Road, Suite 200, Boynton Beach,
FL 33437, or such other address as the Association shall hereinafter notify Developer and the
Dwelling Unit Owners of in writing; and (iii) Developer, certified mail, return receipt requested, at
8198 Jog Road, Suite 200, Boynton Beach, FL 33437, or such other address or addresses as
Developer shall hereafter notify the Association of in writing, any such notice to the Association of
a change in Developer's address being deemed notice to the Dwelling Unit Owners. Upon request
of a Dwelling Unit Owner the Association shall furnish to such Dwelling Unit Owner the then
current address for Developer as reflected by the Association records.
29.7. No Time -Share Estates.
Pursuant to the requirements of Section 718.403(2)(0 of the Act, it is hereby
specified that no time share estates will be created with respect to Dwelling Units in any Phase.
29.8. Assignment of Developer's Rights
Developer shall have the right to assign, in whole or in part, any of its rights granted
under this Declaration.
29.9. Security.
The Association may, but shall not be obligated to, maintain or support certain
activities within the Condominium designed to make the Condominium safer than it otherwise might
be. Developer shall not in any way or manner be held liable or responsible for any violation of this
Declaration by any person other than Developer. Additionally, NEITHER DEVELOPER NOR THE
ASSOCIATION MAKES ANY REPRESENTATIONS WHATSOEVER AS TO THE SECURITY
OF THE PREMISES OR THE EFFECTIVENESS OF ANY MONITORING SYSTEM OR
SECURITY SERVICE. ALL DWELLING UNIT OWNERS AGREE TO HOLD DEVELOPER
AND THE ASSOCIATION HARMLESS FROM ANY LOSS OR CLAIM ARISING FROM THE
OCCURRENCE OF ANY CRIME OR OTHER ACT. NEITHER THE ASSOCIATION,
NAP:23654:8 54
'e� DEVELOPER, NOR ANY SUCCESSOR DEVELOPER SHALL IN ANY WAY BE
CONSIDERED INSURERS OR GUARANTORS OF SECURITY WITHIN THE
CONDOMINIUM. NEITHER THE ASSOCIATION, DEVELOPER, NOR ANY SUCCESSOR
DEVELOPER SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OR
FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY
MEASURES UNDERTAKEN, IF ANY. ALL DWELLING UNIT OWNERS AND OCCUPANTS
OF ANY DWELLING UNIT, AND TENANTS, GUESTS AND INVITEES OF A DWELLING
UNIT OWNER, ACKNOWLEDGE THAT THE ASSOCIATION AND ITS BOARD,
DEVELOPER, OR ANY SUCCESSOR DEVELOPER DO NOT REPRESENT OR WARRANT
THAT ANY FIRE PROTECTION SYSTEM, BURGLAR ALARM SYSTEM OR OTHER
SECURITY SYSTEM, IF ANY, DESIGNATED BY OR INSTALLED ACCORDING TO
GUIDELINES ESTABLISHED BY DEVELOPER OR THE ASSOCIATION MAY NOT BE
COMPROMISED OR CIRCUMVENTED, THAT ANY FIRE PROTECTION OR BURGLAR
ALARM SYSTEMS OR OTHER SECURITY SYSTEMS OR OTHER SECURITY SYSTEMS
WILL IN ALL CASES PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE
SYSTEM IS DESIGNED OR INTENDED. EACH DWELLING UNIT OWNER AND
OCCUPANT OF ANY DWELLING UNIT AND EACH TENANT, GUEST AND INVITEE OF
A DWELLING UNIT OWNER, ACKNOWLEDGES AND UNDERSTANDS THAT THE
ASSOCIATION, ITS BOARD, DEVELOPER, OR ANY SUCCESSOR DEVELOPER ARE NOT
INSURERS AND THAT EACH DWELLING UNIT OWNER AND OCCUPANT OF ANY
DWELLING UNIT AND EACH TENANT, GUEST AND INVITEE OF A DWELLING UNIT
OWNER ASSUMES ALL RISKS FOR LOSS OR DAMAGE TO PERSONS, TO DWELLING
UNITS AND TO THE CONTENTS OF DWELLING UNITS AND FURTHER
ACKNOWLEDGES THAT THE ASSOCIATION, ITS BOARD, DEVELOPER, NOR ANY
SUCCESSOR DEVELOPER HAVE MADE NEITHER REPRESENTATIONS NOR
WARRANTIES NOR HAS ANY DWELLING UNIT OWNER OR OCCUPANT OF ANY
DWELLING UNIT, OR ANY TENANT, GUEST OR INVITEE OF A DWELLING UNIT OWNER
RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE, RELATIVE TO ANY FIRE AND/OR BURGLAR ALARM SYSTEMS
OR OTHER SECURITY SYSTEMS RECOMMENDED OR INSTALLED, IF ANY, OR ANY
SECURITY MEASURES UNDERTAKEN WITHIN THE CONDOMINIUM, IF ANY.
30. PROVISIONS RELATING TO TERMINATION
30.1. Survival of Certain Obligations and Restrictions.
In the event the Condominium is terminated in accordance with and pursuant to the
provisions of this Declaration, or if such provisions shall not apply for any reason pursuant to law,
Developer declares, and all Dwelling Unit Owners by taking title to a Dwelling Unit covenant and
agree, that the documents providing for such termination shall require: (i) that any improvements
upon what now comprises or hereafter shall comprise the Condominium Property shall be for
residential use only and shall contain residential dwelling units of a number not in excess of the
number of Dwelling Units now or hereafter in the Condominium; and (ii) the Dwelling Unit Owners
of the Condominium (as tenants in common of the Condominium Property) shall remain obligated
to pay their share of the Common Expenses and Operating Expenses, which will continue to be
NAP:23654:8 55
allocated to the Condominium Property in the manner provided in the Condominium Documents as
fully as though the Condominium were never terminated, and the obligation to make such payments
shall be enforceable by all of the remedies provided for in this Declaration, including a lien on the
real property previously included in the Condominium, including the portion now designated as
Dwelling Units.
30.2. Manner of Termination.
This Declaration may be terminated by the affirmative written consent of Dwelling
Unit Owners owning eighty percent (80%) of the Dwelling Units then part of the Condominium and
the written consent of all Listed Mortgagees then holding mortgages encumbering Dwelling Units
in the Condominium; provided, however, that the Board consents to such termination by a vote of
three -fourths (3/4) of the entire Board taken at a special meeting called for that purpose shall also
be required; and also provided that, for so long as Developer owns a Dwelling Unit or has the right
to add a Subsequent Phase to the Condominium, Developer must consent in writing to such
termination.
30.3. Ownership of Common Elements.
In the event of the termination of the Condominium, the Condominium Property
shall be deemed removed from the provisions of the Act and shall be owned in common by the
Dwelling Unit Owners, pro rata, in accordance with the share each Dwelling Unit Owner owns in
the Common Elements, as provided in this Declaration; provided, however, each Dwelling Unit
Owner shall continue to be responsible and liable for his share of the Common Expenses, and any
and all lien rights provided for in this Declaration or elsewhere shall continue to run with the real
property designated herein as Condominium Property and shall encumber the respective percentage
shares of the Dwelling Unit Owners thereof as tenants in common.
NAP:23654:8 56
i IN WITNESS WHEREOF, Developer has caused these presents to be duly executed this
day of , 200_.
2W
WITNESSES:
Signature
Printed Name
Signature
Printed Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
CENTEX HOMES, a Nevada general partnership
BY: CENTEX REAL ESTATE CORPORATION
a Nevada corporation
Its: General Partner
By:
Print Name:
Its:
Attest:
Print Name:
Its:
(CORPORATE SEAL)
The foregoing instrument was acknowledged before me this
, 200_, by
mm
day of
the Division President and Assistant Secretary respectively
of the Southeast Florida Division of CENTEX REAL ESTATE CORPORATION, a Nevada
corporation on behalf of the corporation, as the General Partner of CENTEX HOMES, a Nevada
general partnership, who are personally known to me. They affixed thereto the seal of the
corporation.
My Commission Expires:
Notary Public
Printed Name of Notary Public
NAP:23654:8 57
w
.0
0
E=IT A
TO
DECLARATION OF CONDOM %;V
OF
TEQUESTA TRACE, A CONDOMINIUM
Legal Description of the Land
Please refer to Exhibit 8B of the Offering Circular.
EXHIBITS B-1 THROUGH B-17
TO
DECLARATION OF CONDONENJUM
OF
TEQUESTA TRACE, A CONDOMRQUM
Legal Descriptions and Surveys, Plot Plans
and Graphic Descriptions of Improvements
for Phases 1 through 17, inclusive
Please refer to Exhibit 8B of the Offering Circular.
40
EXHIBIT C
TO
DECLARATION OF CONDOMINIUM
OF
TEQUESTA TRACE, A CONDOMINIUM
Articles of Incorporation of Teauesta Trace
Condominium Association, Inc.
Please refer to Exhibit 2 of the Offering Circular.
/10'1
EXIIBIT D
TO
DECLARATION OF CONDOMINIUM
OF
TEQUESTA TRACE, A CONDOMINIUM
Bylaws of jTs ques—ta Trace ondo inlum A sociation Inc
Please refer to Exhibit 3 of the Offering Circular.