HomeMy WebLinkAboutDocumentation_Regular_Tab 09C_4/11/2002To: Michael Couzzo, Jr. Village Manager
Subject: Preliminary Plat Review for Willow Glen Subdivision
From: Jeffery C. Newell, Director of Community Development
Date: April 5, 2002
Re: Preliminary Platt
This is a consideration for Willow Glen Subdivision Preliminary Plat Review. Platting a portion of the Village of
Tequesta's jurisdiction in order to subdivide a 15.86-acre parcel into a fifty-three (53)-lot subdivision. This
subdivision is subject to the zoning requirements of the residential district R1.
The applicant. was granted approval of the sketch plan review at the March 14, 2002 meeting. Therefore,
permitting the applicant to prepare for the Preliminary Plat Review process before Council.
Attached are nineteen (19) sets of packets, including an original, for the above referenced subject. Please place
this itemon.theApril 11, 2002, Council Agenda.
The application has been reviewed by staff and evaluated against the requirements of Article Il, section 2, p.1223
and Artide Il , section 1, p.1227, of the Subdivision Regulations.
During the review process the following items were discussed and noted by departments of the Village. They
are as follows:
1) Fire Chief Weinand:
a. The emergency access easement located between lots 20 and 21.
i. This easement is currently a twenty-three foot access. The fire chief is asking
the Council to consider his recommendation to have the developer reconfigure
the access to a dead-end street stub. This would serve as a future roadway
expansion to County Line road.
ii. The Building Department has reviewed the affects that this would have on the
subdivision.
1. Lot 20 of the subdivision would not meet the zoning requirements of
the zoning district. If the developer is agreeable, the non -conforming
lot could be converted into a neighborhood park. This concept was not
considered in the site plan review.
April 5, 2002
calculations for fire protection did not consider the impact of this type of
roofing.
3. The chief has outlined the fire hydrant configuration in his memo.
.Maximum distant between hydrants not to exceed five hundred feet
and not more than five hundred feet from the furthest most remote
building
2) Mr. Tom ,iensen, Engineering Consultant:
a. Comments on "note 2" of the dedications on the cover sheet of plat. Reference to giving
the Village the ability to invoice the development.
b. Concerns about the retention ponds located on the Rood Property.
c. Reducing the drainage easements between lots 18, 19 and 49,50, and 43,44 be reduced
from fifteen feet to ten feet.
d. Concern about the "note 7" of the dedications on the plat cover sheet. Recommend that
the Village Attorney review this note.
3) Palm Beach County Engineering Department:
a. Expressed concerns about wording in the dedications concerning tracts B, C, and D. It is
my understanding the developer and the county has had a discussion concerning this
issue.
4) Community Development:
a. Discussed the location of the lift station located on lot 51. Expressed concerns about the
placement of a residential 'home and how it will affect the zoning requirements. The
developer will be the builder of the homes within the subdivision and has addressed these
issues.
b. Discussed the configuration of lot 21 and how it is affected by the emergency access
easement. The issue being the homeowner responsibility should the driveway being
removed, due to a repair to any of the utilities located within the easement. Language
would be included in the homeowners documents insuring that the replacement of the
removed driveway will be the homeowner's responsibility.
c. There are several homeowners' document issues that need to be reviewed by the Village
Attorney. These issues are outlined in the department heads comments.
Staff Comments: staff has reviewed the application and collected the fees that are associated with the
application. The covenants and deed restrictions have been forwarded to the Village Attorney for his review. It
is recommended that the Preliminary Plat be approved and permit the applicant to advance to the next step in
the process.
The next step in the process will be the approvals of the final plat as outlined in the subdivision regulations. It will
be at this stage that the covenants and deed restrictions will be in their final form and made conditional for the
final approval of the Final Plat by Council.
Jeffery C. Newell
Community Development
W
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April 5, 2002
� . - - ?F
T 'A
Memorandum
�; .. uF
COMMUNITY 1,,- ELOP
To: Jeffery C. Newell, DirectoetproposedyVWVillow
m itDevelopment
From: James M. Weinand, Fire
Date: April 3, 2002 Subject: DRC review comments fo Glen Project
I have reviewed the proposed Willow Glen project and offer the following comments;
1. It's my recommendation that the 23' Utility and Emergency Access easement be
reconfigured to a dead end street stub, permitting future roadway expansion to
County line road.
2. 1 also request that the covenants and deed restrictions be modified to prohibit the
use of wood shake singles on any structure in the development. The developer
stated they would not utilizing wood shake singles; therefore the fire flow
calculations for the fire protection water did not consider the impact of wood
shake singles on buildings.
3. Fire Hydrant must be spaced with a maximum distance of 500 feet and no more
that 500 feet from the furthest portion of the most remote building.
If you have any further questions, please do not hesitate to ask.
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Apr-01-02 04:38P Rees e,Macon&Assoc.
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Reese, Macon and Associates, Inc.
MEMORANDUM
Date: April 1, 2002
To: Jeff Newell
From: 'Thomas C. Jensenj,
Re: Willow (alert Plat
As requested, we have reviewed the above Plat (March 2002) and offer the following comments.
1. Note No. 2, second paragraph of the Dedication language. They give the Village the
right to maintain the drainage system (not the obligation) which is tine but, somewhere it
should be written that if the Village does have to exercise this option, the Village can in
turn invoice the Association for the work.
2. The above discussion needs to go one step further. The Rood property to the north of
Willow Glen will have retention areas built that will be directly tied into proposed
drainage within Willow Glen and ultimately outfall into the on -site lakes. Shouldn't
these ponds and associated infrastructure be permitted separately'? l know this does not
impact plat approval, but a drainage casement is being provided between lots 18 and 19
for this purpose. The Rood property could have the same obligation as stated in No. 1
above.
3. The 15-(boot wide drainage easements may not work with the present building setbacks.
The Village could live with 10 - 12 tcet, confirm with Russell White.
4. Note No. 7 of the Dedication, you may want Skip to review. It's not clear il'the Village
has the right to place utilities there. Note that the Village and F:NGC)N will have utilities
in this easement.
Should you have questions or wish to discuss this further, please call.
cc: Russell White
tcJ02 066/02-106
6415 Lake Worth Road • Suite 307 • I.,akc Worth, FL 33463-2907
Telephone (561) 433-3226 • Facsimile (561) 433-8011
Sent By: ;
n
Loxahatchee
561 747 9929; Apr-3-02 15:53;
River District
21(X) Jupiter Park !hive, Jupiter. Florida 33459-8964
77elephone (561) 747-5700 Fax (561) 747-9929
e-mall: ospncy@lonehatcheeriver.org
Richard C. Dent. Executive Dincctor
April 3, 2002
Mr. Jeffery C. Newell
Director of Community Development
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469-0273
Re: Proposed Plat — Willow Glen Development
Dear Jeff.
Page 1/1
Awdrdfta1t
ReWmd Bhsnwater &d ity
Next in Natick KP,A.
&V in State, n E A
Pursuant to your recent inquiry, please be advised that the District has no objection to
the proposed plat received by the District on April 2, 2002 and dated March 2002.
Be advised that the District will still require that proper easement documents be
submitted by the developer for all wastewater facilities before the project is completed.
Additionally, per our conversation of April 3, 2002, concerning the possible relocation of
the lift station site, the District would not object to such relocation provided that a proper
sized easement is provided.
As of this date, we have not received final design plans for the sanitary sewer system,
nor has any developer agreement been executed by the Spear Willow Corp.
If you have any questions regarding the above, please feel free to contact me at my
office.
Very truly yours,
CP08 P. BriL P.E.
Director of Engineering Services
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APR - 3 2002
Department of Tagiuneesiung
an4 ftbUc "rks
April 3, 2002 'VIA FACSIMILE AND U.S. MAIL
P.O. BOX 21229
West Palm Beach, FL 33416.1229
(561) 684-4000
Village of Tequesta
www,co.palm-beach.t].us
357 Tequesta Drive
Tequesta, FL 33469
Attn: Mr. Jeffrey C. Newell, Director
Department of Community Development
ftft Saach County
ao&M of Covey
RE: WILLOW GLEN DEVELOPMENT AND
Comndesionem
RIVERSIDE DRIVE DRAINAGE STUDY -
Warren H. Newell, Chairman
PALM BEACH COUNTY PR03ECT NO. 2001082A-14
Carol A. Roberts, Vice Chair
Wen z Marcus
Dear Mr. Newell:
Mary MCC"
Thank you for your kind assistance with regard to the Willow Glen
Burt "�°"�°"
development which is currently being considered by the Village. Over the
Tony Masilom
last several days we have been in contact with Mr. Jeff Spear of the Spear
Addis L. Greene
Group regarding the Preliminary Plat submittal for Willow Glen. He has
provided copies of the Plat and the `Declaration of Covenants and
Restrictions for Willow Glen at Tequesta". These items have been
reviewed by staff.
County Adm:nistranoe
Per our recent conversations, we understand a review of the Willow Glen
Robert Weisman
Preliminary Plat will be heard, by the Village Council on April 11, 2002.
Based upon information provided as noted above, we would offer the
following comments for consideration as part of the Preliminary Plat
review:
1. Item 2 of the Dedications addresses storm water
management Tracts B, C and D within a single combined
statement. We believe that the nature and benefit of Tracts
C and D Is significantly different than Tract B.
Page 1 of 3
Equal opp0r�^i4'
.utve Anon Employer•
F:1ENG_SERMASlpathways12001082A-14-riverside_drainage_rood-dev03ynewell@tequesta.wpd
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Village of Tequesta
Mr. Jeffrey Newell
Riverside Dr Pathway/Willow Glen Development
April 3, 2002
Consequently, we request that Tracts C and D be covered
by a separate Declaration item. The new Item may be
modeled on the existing Item 2 with revised language at the
end of Paragraph 1: "without recourse to The Village of
Tequesta and/or-. Palm Beach Qunty".
2. We request that specific language be included on the Plat
reserving Tracts .0 and D as perpetual drainage easements
in favor of Palm Beach County for drainage of Riverside
Drive.
We would offer the following comments toward review of the "Declaration
of Covenants and Restrictions for Willow Glen at Tequesta" (herein
referred to as Declaration):
I. Article IV, COMMON AR - Item E. Dry Detention Area - We
request that specific language be included in this Item
reserving Tracts C and D as Dry Retention Areas and
perpetual drainage easements in favor of Palm Beach
County for drainage of Riverside Drive. In addition, please
include Palm Beach County in the list of parties to
Agreements.
2. Article V, CEMENTS - Items K and L address Dry
Detention areas and Easements in favor of Rood Landscape,
Inc. We request.that similar, specific language be included
separately in the Declaration reserving Tracts C and D as
Dry Retention Areas and perpetual drainage easements In
favor of Palm Beach County for drainage of Riverside Drive.
Page 2 of 3
F:XENG_SERWIASIpathways12001082A-1a riverblde_lrainege_rood_dev03-Jnewell@tequesto.wpd
V-ff uai tuuc 14 3r :Jol-004-41Il r"W UNU StKVll;t' t-'HUt f7,3
Village of Tequesta
Mr. Jeffrey Newell
Riverside Dr Pathway/Willow Glen Development
April 3, 2002
In addition, please include Palm Beach County in the list of
parties to Agreements.
Thanks again to you and the Village Council for the opportunity to be part
of this important process. Should you have any questions or require
additional input please contact me at (561) 684-4071.
Kindest regards,
Mark A. Sinkhorn, P.E., Sr. Registered Engineer
Design Section, Engineering Services Division
MAS
Attachments
pc: Patricia Weaver, Sr. Admin. Asst.,
Palm Beach County Commissioner's Office, District 1
Edwin A. Jack, P.E., Deputy County Engineer
Eugene A. DiFonte, P.E., DiFonte Consulting, Inc.
James W. Mahannah, P.E., Schnars Engineering Corporation
Jeff Spear, Spear Group
ec: Charles W. Rich, P.E., Director, Engineering Services Div.
Page 3 of 3
F;IENG_SERt MASlpathways12o01082A-14_rlvarslde_dralnage rood_dav03jnawaliotaquasta,wpd
Apr-03-02 02:36P Reese,Macon&Assoc.
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APR _ 3 2002
Reese, Macon & Associates, Inc.
6415 Lake Worth Road, Suite 307
Lake Worth, Florida 33463-2907
Telephone • (561) 433-3226
Facsimile • (561) 433-8011
FAX TRANSMISSION COVER SHEET
Date: 3 — 0 2-
To: JEfr ^IE`rc ift L.
Company: V07
leas: 57S — &ZZ ¢
Sender: rwA daisa-i
Subject:._ WlGLOK! GLLSf
YOU SHOULD RECEIVE 9 PAGE(S), INCLUDING TIiIS COVER SHEET.
IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (561) 433-3226.
Message:
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Apr-03-02 02,36P Reese,Macon&Assoc. p.O2
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C. Developer's Rights The Developer shall have the right to appoint one
member to the Board of Directors for so long as the Developer owns any portion of the
Property, and the Board of Directors may not exceed five (5) Members during that time.
D. Termination of the Assmi tion. In the event of dissolution of the Association,
any Owner may petition the Circuit Court of the Fifteenth Judicial Circuit of the State of
v Florida for the appointment of a Receiver to manage the afFairs of the Association and to
make such provisions as may be necessary for the continued management of the dissolved
Association, including the Common Area.
`y ARTICLE IV
v
COMMON ARFA
}
J
o A. Developer may retain �et[tetShiQ• pe y legal title to the Common Area so long as it
-11 owns fee simple title to at least one Lot in the Property. From the date of the this
v Declaration until the Developer conveys its last Lot to a Class A Member, the Developer
shall convey portions of the Common Area to the Association, and the Association shall
accept such conveyance, subject to taxes for the year of conveyance and to restrictions,
limitations, conditions, reservations and easements of record. The timing of such
conveyances shall be within the Developer's sole discretion,
vw�,Ar,E o�rJS rr+,[.� STRuL�uRfi (PtPEs �c,�tGM tSasrjJS)
B. . Th
r,
the Common Area and any im
verve
a
be prorated between Developer
nd the
Area. At all times, the Associ
ion shall
shall replace as scheduled any
nd all im
completion of construction by O veloper),
bank (Tract B on Exhibit D); la scapin ,
the entrance way; [drainage o 'Surface
Village of Tequesta; s ig mg fixtures
Tequesta; signage; irrigationsystems, on
operated by the Association; dry retention
structures or areas owned or opera b
streets and sidewalks, which are dedicat
Village of Tequesta. All work pursuant to
paid for by the Association through as
assessments shall be against all Lots
maintenance, repair or replacement cau
failure of a Member to comply with the
Association shall be levied as a Special A
Association shall be responsible for the maintenance of
nts or personal property thereon. Taxes, if any, shall
Association based upon ownership of the Common
maintain the Common Area in good repair, and
provements situated on the Common Area (upon
including, but not limited to: the lake and the lake
avin , if required by the Village of Tequesta, in
water Management System if required by the
i required y the public utility or by the Village of
ly if the Developer -installs a s m which is to be
fees rafts C and D on Exhibit D}; and other
y e Association, except public utilities, and the
to the public, and shall be maintained by the
is Section and all expenses hereunder shall be
sments as provided in this Declaration_ Such
uaHY, provided, however, that the cost of any
by the negligent conduct of a Member or by the
awfully adopted rules and regulations of the
ssment against such Member. No Owner may
WAI L. PALM bOA(IJ Govp y ovitJ -lots
4
Apr-03-02 02:37P Reese,Macon&Assoc.
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J
waive or otherwise escape liability for the assessments for such maintenance by non-use of
I.t. the Common Areas or abandonment of his right to use the Common Areas.
I C. DeveloMest Rlabt to Comte Areas- As long as Developer owns at least
t one Lot, Developer shall have the right to enter upon the Common Area during periods of
R 4^ construction upon adjacent Properties and for the purpose of construction of any facilities,
} ? may grant easements to Lot Owners adjacent to Common Areas for overhangs, protrusions
and encroachments of any portion of the improvements to a Lot which are constructed by
\3 vI Developer. Developer shall have the right to dedicate the Common Areas or a portion
--Z thereof to any governmental authority or utility company, or to grant an easement over the
Y Common Areas in favor of any governmental authority or utility company, without requiring
the joinder or consent of any other Owner or mortgagee holding a mortgage on any Lot.
D. Street ighting. If required by the Village of Tequesta, the Association shall
have the obligation for maintenance of any street lighting facilities from the date of
installation, including replacement of the fixtures within the Common Areas and payment for
electricity. Developer shall be entitled to all rebates or refunds of the installation charges-
E. U1Y- Ratentiao Area, Tracts C and D of Exhibit "D° are designated as Dry
Retention Areas. The Association shall maintain these Areas in accordance with Site Plan
approvals, Platting requirements, and other Agreements reached between the Developer
and the Village of Tequesta, WiP fAwt WAµ Govuny ?
F. Lake,. The Lake (Tract B on Exhibit D) is dedicated for usage as a private
lake for the Owners, a "I If the Developer installs a pump or irrigation system
in the Lake, the AssociaTver,
responsible for its operation and maintenance. No
person shall swim in the lOwners may use non -motorized water craft in the
Lake. The usage of the Le subject to any rules or ordinances established by any
government agency, drainor water management district with jurisdiction over the
Lake_
? ...Tot 0"-/ 07ou- 1.5 4W laofdw7y.
G. . The maintenance of the residence and related
improvements constructed on the Lot shall be the complete maintenance responsibility of
the Owner.
H. Rules and R gt aticm. The Association, through its Board of Directors, may
make and enforce reasonable rules and regulations governing the use of the Properties,
which rules and regulations shall be consistent with the rights and duties established by this
Declaration. Sanctions may include reasonable monetary fines, which shall be levied as a
Special Assessments as provided in this Declaration, and suspension of the right to vote
and the right to use the recreation facilities. The Board shall, in addition, have the power to
seek relief in any court for violations or to abate nuisances. Imposition of sanctions shall be
as provided in the Bylaws of the Association. In addition, the Association, through the
Board, may, by contract or other agreement, enforce court ordinances or permit Palm
5
Apr-03-02 02:37P Reese,Macon&Assoc.
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Beach County or the Village of Tequesta to enforce ordinances on the Property for the
benefit of the Association and its Members.
ARTICLE V
A. Easements. Developer is establishing easements as set forth on Exhibit D.
Additionally, Developer or the Association may be required by a government agency to
grant an easement for access, ingress, egress, or public utilities.
B. Owners' Easements of FrlicWmgmt. Subject to the provisions of this
Declaration, every Owner and his invitees shall have a right and easement of enjoyment in
the Common Area which shall be appurtenant to every Lot. Such easement of enjoyment
shall include but not be limited to the Owner's right of ingress and egress over the streets,
roadways and walkways on the Common Area for purposes of access to the Owner's Lot,
whether these are easements or dedicated to the public_
C- Mambo& F-asaments, Each Member of the Association and each tenant,
agent and invitee of such Member shall have a perpetual easement for ingress and egress
for pedestrian and vehicular traffic over and across the walkways, driveways and roads on
the Common Areas, for use in common with all such Members, their tenants, agents and
invitees. The foregoing easements are subject to the following:
(1) The right and duty of the Association to levy assessments against
each Lot for the purpose of maintaining the Common Areas and facilities in compliance with
the provisions of this Declaration and with any restrictions on the various plats of the
Property.
(2) The right of the Association to suspend the voting rights and right to
use the Common Areas and facilities by an Owner for any period during which any
assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days
for any infraction of its lawfully adopted and published rules and regulations.
(3) The right of the Association to adopt and enforce rules and regulations
governing the use of the Common Areas and all facilities at any time situated thereon.
D. Utifity Fasempnt& Public utilities may be installed underground in the
Common Areas when necessary for the service of the Property, but all use of utility
easements shall be in accordance with the applicable provisions of this Declaration.
Is
Apr-03-02 02:37P Reese,Macon&Assoc.
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A right and easement for utility services as originally installed by the Developer to
each Lot is hereby established in favor of the providers of electric service, water, telephone
and cable television. No Owner shall take any action which would in any way interfere with
this easement. Any Owner who damages or interferes with such utility service or services
shall promptly, at his expense, repair or correct any such utility service or services.
r '--44 wtW be fay- 7110 exeaISC )
>v In particular, a right and easement for utility services is hereby established in favor of
Florida Power & Light Company, Southem Bell and for cable purposes over, under, on and
above each Lot, as shown on Exhibit " D", to service not only the Lot encumbered by the
^ easement, but also any Lot adjacent thereto. This easement shall be for the installation,
service and maintenance of the utilities specified herein, for all required access related
thereto, for aooess for the purpose of reading the electrical meters, as welt as for the
general use for the utility purposes specified herein. The beneficiary of this easement shall
r • not be responsible to replace or repair any landscape ged as a result of the use of
N the easement created herein. The easement establis herein may not be amended
,,, without the express written consent of the beneficiary of sa' sement.
1.] G `S-V,V (.1 W'E-S
01 E. PiNiz Easemes Firefighters, police, health, sanitation and other public
i w service and utility providers' personnel and vehicles shall have a permanent and perpetual
ZA easement for ingress and egress over and across the Properties.
ti d
3 F. Fasameot4 fer_ FM=ghment_ There shall be reciprocal appurtenant
.� easements of encroachment as between each residence and such portion or of the
v+ Common Area adjacent thereto or as between adjacent lots due to the unintentional
placement or settling or shifting of the improvements constructed, reconstructed, or altered
thereon (in accordance with the terms of these restrictions) to a distance of not more than
one (1) foot, as measured from any point on the common boundary between each Lot and
the adjacent portion of the Common Area or as between said adjacent Lots, as the case
may be, along a line perpendicular to such boundary at such point; provided, however, in no
event shall an easement for encroachment exist if such encroachment occurred due to
willful and knowing conduct on the part of an Owner, tenant, or the Association_
G. Additioosl ase=nt. The Developer (during any period in which the
Developer has any ownership interest in the Properties) and the Association shall each
have the right to grant such additional electric, telephone, gas, sprinkler, irrigation, cable
television or other easements, and to relocate any existing easement in any portion of the
Properties and to grant access easements and to relocate any existing access easements
in any portion of the Properties as the Developer or the Association shall deem necessary
or desirable, for the proper operation and maintenance of the Properties, or any portion
thereof, or for the general health or welfare of the Owners or for the purpose of carrying out
any provisions of this Declaration; provided that such easements or the relocation of
existing easements wiil not prevent or unreasonably interfere with the use of the Lots for
dwelling purposes.
WiLt , 0(go At '[ t (VOL,tc- )-71 L. ICY Ar fAaJAi_, FIA-s-1 ,
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Apr-03-02 02:38P Reese,Macon&Assoc.
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H. Association JEa. -mont. For the purpose solely of performing its obligations
S under the provisions of this Declaration, the Association, through its duly authorized agents,
employees or independent contractors, shall have the rights, after reasonable notice to the
Owner, to enter upon any Lot at reasonable hours of any day. In the event of an
y emergency, such right of entry shall east without notice. Each Owner hereby grants to the
k v Association, its duly authorized agents, employees or independent contractors such
easements for ingress and egress, across the Lots and through improvements constructed
upon the Lots, as may be reasonably necessary to perform the exterior maintenance and
%A the privacy wall maintenance or construction, as otherwise provided herein. In addition, the
a% owner of the adjoining property (not within the Properties) may grant the Association, its
v duly authorized agents, employees or independent contractors, such easements for ingress
and egress across its Properties to effect and perform its duties. In such event, the
Association shall indemnify the adjoining property owner for any damage or injury to the
easement areas caused by the use thereof or access to perform the exterior maintenance.
y
1. Prix= wall_ Each Lot and the Common Area abutting the perimeter of the
Property is hereby subject to a permanent five foot easement in favor of the Developer and
N the Association to permit the construction, existence, maintenance, repair and restoration of
f.. a privacy wall and/or fencing on the perimeter boundary of the Property. The Association
o may require the individual Owner whose property abuts the privacy wall or fence to maintain
a n his portion, failing which, the Association may levy a special assessment.
L
3 3 J. . An easement for cross drainage of run-off water shall
exist over adjoining Lots. The easement created in this section shall be permanent,
c.. perpetual and exclusive to the Owners involved.
N
a� K. DEY• Detention. An easement has been created for a Dry Detention Area to
t"rathe North of the Property in favor of Rood Landscape, Inc., which allows for drainage onto
"Z " the Property, through Lots 18 and 19 as shown on Exhibit " D" and tying into the
-KAssociation's underground drainage system. The Association shall maintain the easement
in accordance with Site Plan Approval, Platting Requirements, and other
APP g eq � agreements
„¢ mong the Village of Tequesta, Developer, and Rood Landscape, Inc. The Owners of Lots
z f 18 and 19 shall allow access to Developer and Association, as required for the installation
nd maintenance of this easement.ELI
't
L. The Association and all Members
acknowledge that there will be a permaneneement for utilities and emergency acess in
favor of flood Landscape, Inc. across Lo21. The Association shall maintain the
easement in accordance with Site Planal, Platting Requirements, and other
agreements among the Village of Tequesta, Developer, and Rood Landscape, Inc. The
Owners of Lots nd 21 shall allow access to Developer and Association, as required, for
the installation an maintenance of this easement. r
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Apr-03-02 02:38P Reese,l`7aconSAssoc.
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M. Lift , ation. The Associaton
a permanent easement for a lift station a
easement in accordance with Site Plan
agreements among the Village of Tequesi
allow access to Developer iW Assoc
maintenance of this easement
l.OX AAA-fc4ed JeoJLq•e-
Id ap bens acknowledge that there will be
Lot 51 The Association shall maintain the
►ppro I, Platting Requirements, and other
and eveloper. The owner of Lot 51 shall
as required, for the installation and
ARTICLE Vi
ARCUlIECTURAI_ CONTROL
~ A. Archked iral Ccotmi. As long as Developer owns a Lot, the Developer shag
control the Architectural Review Board ("ARB").
_3 B. Ambitedilral Reyjaw RoaW. The ARB shall have the power to promulgate
such rules and regulations as it deems necessary to cant' out the provisions and intent of
this Section and other provisions of this Declaration. The ARB shall consist of three
members and such members shall be designated by the Directors of the Association. In the
event of death, disability or resignation of any member of the ARS the remaining members
shag have full authority to designate a successor. The members of the ARB need not be
Members of the Association, as long as the Developer still owns a Lot, however, thereafter,
all members of the ARB must be Members.
C. Oymar to Obtain Aprimmal. No Owner shall make, install, place, or remove
any building, fence, screen enclosure, porch, wall, patio area, pool, spa, landscaping and
Vor
lanting or any other alteration, addition, improvement, or change of any kind or nature to, in
upon any portion of the Common Areas or the Owner's Lot, unless the Owner first
obtains the written approval of the ARB to do same, except that such approval shag not be
required for any maintenance or repair which does not result in a material change in any
improvement including the color of same_
9
Apr-03-02 02:38P Reese,Macon&Assoc.
P_08
K. Exempt Pcerty_ The Board of Directors shell have the right to exempt
property subject to this Declaration from the Assessments, charges and liens created herein
if such property is used (and as long as it is used) for any of the foilowing purposes:
(1) Any easement or other interest therein dedicated and accepted by a
public authority and devoted to public use.
(2) All Common Areas as defined in Article I hereof.
(3) All Properties exempt from ad valorem taxation by the laws of the
State of Florida, to the extent agreed to by the Association.
ARTICLE Vlll
A- AaplicaUI4. The provisions of this Article shall be applicable to all Lots
*a situated within the Properties.
I
B. Land I laa_ No Lot shall be used except for residential purposes. Temporary
uses for model homes, parking lots, construction trailer, construction storage areas and/or
sales offices shall be permitted for the Developer.
C. Change . in B ,ildinaft. No Owner shall make or permit any structural
modification or alteration of any building exoept as per Article IV herein, and such consent
may be withheldrf, in the sole discretion of the party denying the same, it appears that such
structural modification or alteration would adversely, affect or in any manner endanger other
dwelling units. No building shall be demolished or removed without the prior written consent
of both the Board of Directors of the Association and Owner(s) of the immediately adjoining
building(s). In the event any building is demolished or removed, if replaced, said building
shall be replaced with a unit of similar size and type within twelve (12) months. In the event
the building is not replaced, then the Lot shall be sodded and maintained as a landscaped
Lot. / -rtA � fA0e6,C � t $ 00vJ �oJExt<� 4 te,$-f '�
D. Building I = ian/. 16uildings shall be located in conivrmance with the Zoning
Codes of the Village of Teclue!ks , Florida and any specific
zoning approvals thereunder, or as originally constructed on a Lot by Developer or its
successor or assignee. Whenever a variance or special exception as to building location or
other item has been granted by the authority designated to do so under the Zoning Code,
said variance or special exception is hereby adopted as an amendment to this Section and
any future variance of special exception as to building location or other item shall constitute
an amendment of this Section.
1s
easem*ts f6r,okmw
aiMeladl erbltmtiii�eearaetrfeniacriars�erea,dl hers
Apr-03-02 02:39P Reese,Macon&Assoc.
P.09
Ap p G oOe jet`-TC S LAD S d-1 6AA06
are shown on the rded plat(s) of the Properties. Within these easements no structure,
planting or other aterial may be placed or permitted to remain that will interfere with
vehicular traffic ,6r prevent maintenance of utilities. Public utility companies servicing the
Properties andAhe Association, and their successors and assigns, shall have a perpetual
easement for/the Installation and maintenance of water lines, sprinkler lines, sanitary
sewers, storyn drains, gas lines, electric and telephone lines, cables and conduits, including
television les and conduits and such other installations as may be required or necessary
to provide aintenance and utility services to the Lots and/or the Common Areas under and
through the utility easements as shown on the plat(s). Any damage caused to pavement,
driveway drainage structures, sidewalks, other structures, or landscaping in the installation
and mat tenance of such utilities shall be promptly restored and repaired by the utility
whose irfstallation or maintenance caused the damage. All utilities within the subdivisions,
whether in streets, rights -of -way or utility easements, shall be installed and maintained
underg and provided, however, that Jk9feV acid lse �f(Vf�lc�fltjgq� ppyl control
(A panels r unities may be
installed and maintained above ground.
C�PoSS)
IS(A)
F. btuisanca.s. No noxious or illegal activity shall be carried on upon any Lot, nor
Jshall anything be done thereon which may be or may become an annoyance or nuisance to
the neighborhood or any other Lot Owner. In the event of any question as to what may be
or become a nuisance, such question shall be submitted to the Association for a decision in
writing, which decision shall be final. In addition, no weeds, underbrush or other unsightly
growths shall be permitted to grow or remain upon any Lot. No refuse pile or unsightly
objects shall be allowed tD be placed or suffered to remain on any Lot; and in the event that
an Owner shall fail or refuse to keep his Lot free of weeds, underbrush or refuse piles or
0 other unsightly growths or objects, then the Association may enter upon said premises and
remove the same at the expense of the Owner, and such entry shall not be deemed a
trespass. All garbage or trash oontainers must be underground or placed in walled -in areas
so that they shall not be visible from the adjoining Properties, provided, however, any
portion of the Properties not yet developed by Developer, shall be maintained in a dean
condition but shall not be expected to be maintained in a manicured condition.
G. Tempara Stn-- .:..�' No structure of a temporary character, or trailer, tent,
mobile home or recreational vehicle shall be permitted on any Lot either temporarily or per-
manently, except that the Developer may park a trailer on the Properties during periods of
construction.
H. Sigm. Except for one sign of not more than one square foot used to indicate
(disapprove
he name of the resident, no "for rent'', 'for sale" or other sign of any kind shall be displayed
o the public view on the Properties, without the prior consent of the ARB; provided that the
eveloper, so long as it has not sold all of its Lots in the Properties, shall retain the right to
any signs displayed to the public view. Notwithstanding the foregoing, this
ection shall not apply to the Developer for as long as it holds title to any portion of the
TY/' slz trl% UAFFtU Si 6rSA6e 0lt& St
is
W
GENTILE
HOLLOWAY
OWAHONEY
S A 5 5 0 C I A 1 E 5. M C
Landscape Archltpcts
.Planners and Environmental
Consultants • LC-0000177
r
February 22, 2002
G-w a Germ
M Troy WIG.
EmNy o)va ft,
Mr. Jack Homiman, Consulting Planner
• Village of Tequesta
357 Tequesta Drive
raw Tequesta, FL 33469
RE: Willow Glen' -(Rood, Morgan, Glendinning Properties)
. Dear Mr. Homiman ;
.;Pease accept this letter as our request for a waiver for the following item on our request
for Site Plan Review. As you are aware the Village of Tequesta-Code allows.the.Village
Council tolgrantwaiversto specified items. when reviewing -the proposed site plan:
1. Request.a waiver to the -subdivision code, Article""II,'Section V, Paragraph 5,
which requires the plat to be approved priof to the. issuing_,.of 'a building
+ permit Our request into allow a building permit to be' lssued,after review and
approval of the preliminary, ry: plat and prior to final plat approval: by the Village.:
-Courxil.
Commentary: This is to allow. for the develo _ ent .of .
trailer/office for the subject _ the -proposed � sales
ec t property. 'This has been waved on previous
pro1ects reviewed by the Village Council
We appreciate your consideration on these waivers. :. .
Sincerely �.
00,
'George G. Gentile, FASLA -
Prgesident
1907 Commerce Lam. state 101
Jupter. Florida 33458
561.575-9557
561.575-5260 FAX
rnvw.landscape-arcNtectacom
03/14/2002 16:27
561-684-4171
PSCO ENG SERVICES
PAGE 02
r r r
Department of Zxoneering
and Public Warks
P.O. t)ox 21229
West Palm Beach. FL 33416-1229
(561) 684.4000
WWW.pbcgov,com
Paint 3each County
Board of County"
Commissloners . t
Warren H. Newell. Ghalrman
carol A. Roberts. Vice Chair.
Karen T. Marcus
Mary McCarty
Burt Aaronson
Tony Masilocti
Addle L. Greene
March 13, 2002
Mr. James W. Mahannah, P.E., V.P.
Schnars Engineering Corporation
951 Broken Sound Parkway, #108
Boca Raton, FL 33487
Via Facsimile and U.S. Mail
RE: WILLOW GLEN DEVELOPMENT AND
RIVERSIDE DRIVE DRAINAGE STUDY -
PALM BEACH COUNTY PROJECT NO. 2001082A-14
Dear Mr. Mahannah:
This letter is to serve as confirmation of Items pertaining to the above
referenced project discussed In our meeting at the Palm Beach County
Department of Engineering offices on March 8, 2002' Other parties in -".-
.-
attendance were Mr, Jeff Spear of the Spear Group, Mr. Eugene DiFonte,
P.E. of DlFonte Consulting, Inc. and Mr. Mike Evans, P.E. with Palm Beach
County.
Discussion centered upon issues described in our February 25"' letter to
Mr. Jeffrey C. Newell, Director, Department of Community Development,
County Administrator. Village of Tequesta. The following is a synopsis of these conversations
Robert Weisman organized by item numbers from the referenced letter.
— Items 1 and 2.
It was agreed that approximately 0.2 acre-feet of dry detention
storage, required for satisfactory water quality treatment of runoff
from Riverside Drive, will be will be provided in the Willow Glen
Stormwater Management System. Use of the currently planned dry
detention area located east of the Willow Glen Entrance will be
provided to the County for drainage of Riverside Drive.
'An eqw( OpMrMWO, Page 1 of 3
Ah*t•+re(iVr •4erion 8► JWdyer• F:%F-NG SERVw4S%pathwa"%2po1082F1.ta_rivanide dninapo mod_dev mtg_ ee jmamnnaaschnan.wpd
03/14/2002 16:27
561-684-4171
DECO ENG SERVICES
PAGE 03
4r
Mr. James. W. Mahannah, P.E., V.P.
Schnars Engineering Corporation
Riverside Dr Pathway/Rood Development
March 13, 2002
Items 3 and 4.
It was agreed that the dry detention area for Riverside Drive noted
above would be , isolated from the.. remaining stormwater
management system to prevent flooding in the roadway. In
addition, it was confirmed by you and Mr. Spear that a perimeter
berm, not shown on the submitted Preliminary Engineering Plans,
would be provided to protect adjacent areas and Riverside Drive
from flooding due to stormwater ponding on the Willow Glen site.
Item 5.
It was confirmed that traffic data do not indicate the necessary
warrants for including right -turn lanes on Riverside Drive or at the
Willow Glen entrance.
Item 6.
It was confirmed that an
made over the site and
handled appropriately.
Environmental Assessment (EA) was
any undisclosed materials would be
Please contact me as soon as possible, if the above synopsis contains
errors or omissions. We will assume that the above information is correct
if we have not received a response by March 21, 2002.
Page 2 of 3
F:1ENG_SER\MAS%pathways�2CotdaZA.te_rfvgtWC_drainago =O_d4v mtD—Cone jmaham&Qwhnart.wpd
03/14/2002 16:27 561-684-4171
PBCO ENG SERVICES
PAGE 04
Mr. James, W. Mahannah, P.E., V.P.
Schnars Engineering Corporation
Riverside Dr Pathway/Rood Development
March 13, 2002
We appreciate you efforts and assistance in resolving the concerns
described in our letter t6the Village. Should you have any questions or
require additional input please call me at (561) 684-4071
lGndest regards,
Mark A. Sinkhom, P.E., Sr' .Registered Engineer
Design Section, Engineering Services Division
- MAS
Attachments
V pc: Jeff Spear, The Spear Group
Eugene A. DiFonte, P.E., DiFonte Consulting, Inc.
ec: Charles W. Rich, P.E., Director, Engineering Services Div.
Michael Evans, RE., Engineering Services Div.
Page 3 of 3
F;1EN0 SCA"'kSV*Mwrys120010OZA-t1 rlveroide_draime_rood_dw mlg_cm&ynabonnsQscMSmwpd
03/26/2002 09:30 561-575-5260 GGG E ASSOCIATES PAGE 02
es.._.@a,1 an IV 02 052 lip 1/xte
301 62+ 9576 P.2
mad rablk %%dw
P.Q am 212"
W PwM Each. PL3NI6.I=
(561) "4.4000
w*w46q o+x*M
- - - — ..11
ftw swab essay
soaet er essay
COWWW"I 6
w.nen m. H"All. Chairman
Carat A. uop.M vice Chair
X"ftx margw
M"y„CQM
T►y WA9kcd
Ad&twGrgene
Co—h' undr, 01"r
P#sm3 n
r
January 15, 2002
Mr. Jeff Newen
Depadment of Corrxmnity DeveIopment
v14e of Tequeft
250 TequegM Drive
TequeMto, FL 3349
RE:... 11W11ow GIenACT'+Aweeta
TRAFFIc PERFORMmcLc STANDARDS REVIEW
Dear Mr. Newell:
The Pak" t County Traft DIW$Ion has to,*
project entitIed LMliow G(en at Teauaa> a"'�uAnt to eWTraft tmf0 moment for the
In Article 16 Of the Pelm Bealch County I.And Dev fRCPetfomlanCeStandards
surnrrlerized as btloK►s; �pment Cade. The project is
Location: North Riverside'Dmre, South of Orchid Drlve
E*ft Uses: 15.23 Acres - Wholesale Nursery
New Uses: 53 Single Family Residential Unb
New Daily Trips: 233
BuIld-outYear 2003
Based on Our review, the Traft Div(sion has determined that the r
is
lOCat@d within the Coastal Residential Exception areas of p t, and project
"et, the Traffic Performance Standards of Palm Beach County urtYsad therefore
If you have any gt fstions r"rding this determination, pled contact me at 684.4030.
Sincerely,
OFFICE OF THE COUNTY ENGINESIR
Mesoud Atefi, MSCE
Sr. Engineer - T�ffic sign
= Yvonne Zal Trams Consultants inc.
RiW CAMS! • TPS . Mun . Traffic Study Pi'An 1"ievlew
�gdw A ray F:nITRAFFIC%AdminlApprovata1g20110.doc
03/26/2002 09:30 561-575-5260 GGG & ASSOCIATES PAGE 03
W
September 5, 2001
PARTNER FOR
Mr. George Gentile SOLID WASTE SOLLMONS
Gentile Holloway O'Mahoney & Assoc., Inc.
1907 Commerce Lane, Suite 101
Jupiter, FL 33458
Re: The Rood Property -Application for Land Use and
Re -Zoning to the Village of Tequesta
Subject: Availability of Solid Waste Disposal Capacity
Dear Mr. Gentile:
The Solid Waste Authority of Palm Beach County hereby provides certification
that the Authority has disposal capacity, available to accommodate the solid waste generation for
the municipalities and unincorporated county for the year of 2001. This letter also constitutes
notification of sufficient capacity for concurrencnagement and comprehensive planning
y ma
Purposes. Capacity is available for both this year, and the five and ten year planning periods
specified in 9J-5.005(4).
As of September 30, 2000, the Authority's North County Landfills had an estimated
33,675,809 cubic yards of landfill capacity remaining. Based upon the existing Palm Beach
County population, the most recently available population growth rates published by the
University of Florida Bureau of Economic and Business and Research (BEER), and projected
rates of solid waste generation, waste reduction and recycling, the Solid Waste Authority
forecasts that capacity will be available at the existing landfill through approximately the year
2021, assuming the depletion of the Class I and Class III landfills is approximately balanced.
The Authority continues to pursue options to increase the life of its existing facilities and to
provide for all the County's current and future disposal and recycling needs. As part of its
responsibility, the Authority will provide an annual statement of disposal capacity, using the
most current BEBR projections available.
me. If you have any questions or I can be of further assistance, please do not hesitate to contact
Very truly yours,
M C. Bruner, Ph.D.
Director of Planning and Environmental Programs
7501 North Jog Road, Wed him beach, Florida 33412 (581) 640-4NO FAX (581) 640.3400 Recyod DDDDF
03/26/2002 09:30 561-575-5260 GGG & ASSOCIATES PAGE 04
VILLAGE OF TEQUESTA
UTILITIES DEPARTMENT
Post office ,Box 3474. 136 Bridge Road
Tequesta, Florida 33469_o474 - (561) 575-6234
Fax: (561) 575-6245
ScPtcMber 6, 2001
A*. QCorge Gentfle
Gent, Holloway, & Oune,
1907 Comae Lane Suite 101
Jupiter. FbrMa 33459
RE: ROOD pROPERTY
Dear Mr. Gene:
Tn response to your recent ngtust, this is to advise that the Tequesta Utt�ities DeMimcmt
is the purveyor of water servke to the above referenced. Service to be
PrOvided wM be in
w rdance with the Tcquesta Utilities Depad went Water Service Policy and appropriate
A'eement as required.
This is s otter -of smwe availabi ity only and not a commhment Of servioe. As of this
date, The Tequeka Utz Deparuaw has why to serve this
cow wM be established wbcn the Water Service P1nd t and a Tequesta
Ut>'�ties >xP�dment have mcectzted fire t and the Tequet�ta
been �. °Pe s and coimoction fees have
Should you have any qn, please do not hesitate to give me a call.
Sincerely, 0011
hftcbael F. Estok
Utz Director
c: Michael X Cou=o Jr., Village Manager
Russell K. Wb kce Public Services Supervisor
03/26/2002 09:30 561-575-5260
GGG & ASSOCIATES
PAGE 05
Loxahatchee
River District
2500 Jupiter Park Drive, Jupiter, Florida 33458-8964
Telephone (561) 747-5700 Fax (561) 747-9929
e-mail: osprey eloxahawheeriver.ors
Richard C. Dent. Fixc=tive Urector Cekbratmg
30 Pears
September 5, 2041
George G. Gentile, Pres.
Gentile Holloway O'Mahoney
1907 Commerce Lane, Suite 101
Jupiter, Florida 33458
RE: Rood Property, approx. 15 acres, Riverside Dr., Tequesta
Palm Beach County, Florida
Dear Mr. Gentile:
Av.dWbxhW
RegkmW WUMV4W Facility
Bear to Marion, g,P,A,
Beata State, A.E.P.
This letter is provided in response to your recent request concerning sanitary sewer
service availability for the subject project.
Please be advised that, as of this date, sanitaryproperty sewer service can be made
available to the subj
ect P perty upon the joint execution of a Developers
Agreement and the payment of certain costs in accordance with the District Rules.
Copies of the Developer Agreement and Chapter 31-10, F.A.C., are available for
your review.
Consistent with District policy, the Developer will be responsible for all costs
associated with connecting to the existing wastewater system of the District.
Should you require additional information on this matter, do not hesitate to contact
me.
Sincerely,
e
Deputy Di r
JadWAX*o0dla+4W.V4W
Reard M#mber C f,i R$dWrl C. M*vb o Sawy- Tka *flaw, h
03/26/2002 09:30
561-575-5260
GGG & ASSOCIATES
VMLAGE OF TFQUESTA
U'Y'ILnUS DEPA)tTMENT
Nst OfYke eax 3474. 136 Brldae Road
rogue m FivrWa 33469-W74 • (561) 173.6234
Fax: (561) 573-6245
November 2a, 2001
SENT VIA FAX do US MAX
W. George Gemf e, FA$L.q
�itile, Holloway, dt O'Mahhon
1907 Loft Suite 10 �
Jupiter, ,Florida 33438
RZ: Gtendbmin & Morgan Propert;a
Dear W Gentile.
In is t � to your roaeat request, t� is to advise tbat the T
accar c above rderenaed. $*Acce to be pr Departom
wM be in
lytgam
Water Service Agreement as required. mt Water Service Policy and appropriate
This is a 14lter of service avail# lky 0y and not a
date, T6s Tequti Yltilities Dew has cut of aervico. As of this
canmitment w�'1l be eatablAed when the W to curve tw PRie t and a firm
km
Dqm tmmg -bave executed the appop Weser Age ment and the Tequeata
been paid. �emaats and connection fees Issve
Should you have OW yOns, plesaa do not hesitata'to give we a can.
S
Kassel K. white
Public Service, Supervisor
c; lef ey Newell, Dkv ctor of CODMX Wty Dvaopmant
PAGE�806
03/26/2002 09.30 561-575-5260 GGG & ASSOCIATES PAGE 07
VILLAGE OF TEQUESTA
Ur'IMITIES DEPARTMENT
Fort Office Box 3474 • 136 Bridge Road
TbBuesta. Florida 33469-0474 • (561) 575.6234
Fax: (561) 575-6245
f November 28, 2001
Mr. George Geantile, FASLA
Gentile, Holloway, & o Wahoney
1907 Commerce Lane Suite 101
Jupiter, Florida 33458
RE: Gindinning & Morgan Properties
Dear Mr. Gentile:
SENT VIA FAX & US MAIL,
Jn response to your reoent regtlest, this is to advise that the Teguesta Utilities
is the Purveyor of water service to the above referenced. Service to be �t
accordance with the Tequesta Utilities provided will be in
Water vice as requiredDepartment Water Service Policy and appropriate
.
This is a letter of service availability only and not a commitment of service. As of this
date, The Teguesta Utilities Dep.a ftnent has .capacity to serve this project and a firm
commitment will be established when the Water Service A
Utilities Department have executed the appropriate a Ereement and the 7'equesme
beers paid. its and connection fees have
Should you have any questions, please do not hesitate*to give me a call.
S' ly.
f—• l,X.
Russell K. White
Public Services Supervisor
e: Jeffrey Newell, Director of Community Developmcet
03/26/2002 09:30 561-575-5260
GGG $ ASSOCIATES
PAGE 08
Loxahatchee River
2500 Jupiter Park Drive, Jupiter, Florida 33458-8964
Telephone (561) 747-5700 Fax (561) 747-9929
e-mail: Osprey ®laxahatcheeriver org
Richard C. meat, Mwcudve Director
November 28, 2001
George G. Gentile, FASLA
Gentile Holloway & OWahoney & Assoc,
1907 Commerce Lane, Suite 101
Jupiter, Florida 33458
District
ce"n zdmg
30 Yeas
RE: Glendinning & Morgan Proper, Tequesta
Palm Beach County, Florida
Dear George:
Awns Wbw ft
Re$IMW N60rw4rer F4d1 y
Bea he NWiaw, J PA.
Best In Stag. DXP
This letter Is provided in response to your recent request concerning sanitary sewer
service availability for the subject project.
Please be advised that, as of this date, sanitary sewer service can be made
available to the subject property upon the joint execution of a Developer's
Agreement and the payment of certain costs in accordance with the District Rules.
Copies of the Developer Agreement and Chapter 31-10, F.A.C., are available for
your review.
Consistent with District policy, the Developer will be responsible for all costs
associated with connecting to the existing wastewater system of the District.
Should you require additional information on this matter, do not hesitate to contact
me.
Si ly,
. Yerkes,
Deputy Director/
J V*@
iadat a "ate Ner d him award Miabnr � Ub bkiaer G er..r.. Sager 71 , h
kaskuk
Dazed M�siK
1104T4 Maaber Daard Atrsubsr
03/26/2002 09:30 561-575-5260
September 5, 2001
GGG & ASSOCIATES PAGE 09
Mr. George Gentile SOYOUR PARTNER LID WASTE SOLLMONS
Gentile Holloway O'Mahoney & Assoc., Inc.
1907 Commerce bane, Suite 101
Jupiter, FL 33458
Re: The Rood Property -Application for Land Use and
Re -Zoning to the Village of Tequesta
Subject: Availability of Solid Waste Disposal Capacity
Dear Mr. Gentile:
The Solid Waste Authority of Palm Beach County hereby provides certification
that the Authority has disposal capacity available to accommodate the solid waste generation for
the municipalities and unincorporated county for the year of 2001. This letter also constitutes notification of sufficient capacity for concunency management and comprehensive planning
Purposes. Capacity is available for both this year, and the five and ten year planning periods
specified in 9J-5.005(4).
As of September 30, 2000, the Authority's North County Landfills had an estimated
33,675,809 cubic yards of landfill capacity remaining. Based upon the existing Palm Beach
County population, the most recently available population growth rates published by the
University of Florida Bureau of Economic and Business and Research (BEER), and projected
rates of solid waste generation, waste reduction and recycling, the Solid Waste Authority
forecasts that capacity will be available at the existing landfill through approximately the year
2021, assuming the depletion of the Class I and Class III landfills is approximately balanced.
The Authority continues to pursue options to increase the life of its existing facilities and to
provide for all the County's current and future disposal and recycling needs. As part of its
responsibility, the Authority will provide an annual statement of disposal capacity, using the
most current BEBR projections available.
If you have any questions or I can be of further assistance, please do not hesitate to contact
MO.
Very truly yours,
M C. Bruner, Ph.D.
Director of Planning and Environmental Programs
7501 MOM Jog Rood, West PaIM Beach, Florida 33412 (661) 640-4000 FAX (561) $40.3400 RscycNOD+Der
0*1/26/2002 09:30 561-575-5260
GGG & ASSOCIATES
PAGE /10
VMLAGE OF TEQUESTA
UMITIFS DEi "rMENT
Past OMM Box 3474. 136 Srk1V Road
7e UMM Florida 33469.0474 • (561) 5754234
Fu: (561) 573-624S
November 28, 2001 SENT VIA FAX dt US MAIL
•f
Mr_ George GWjlc, F.ASLA
HoUorvay, dt 07*faboney
1907 Can,maM L = Suite 101
Jupioer. k'lorida 33438
RIC: GMndin dng & Morgan Properties
Doan W. C uf&.
is the to yaw r wt rNumt, this is to advise that the Teguesta Uoties Department
psxve�ror of water service to the above referenced. S"ce to be provided will be in
Watermmordante with �Uts�sties the Teqe Di�amant Water Sarviee Policy aW 4ppropriate
Ag memetu as required.
This is 4 meter of Mvioe ava sb1'h'tY only and no a Cowmitmm of scrvia. As of Ibis date, The Tequeeta thiiities Depatmont has capacity to swve g.3 P*mt and a fat
commitment will be established when the Water Stroke Agrftmftt 4W the Tequ a
� D�wt -have exMded the appropcRta agrMwats and cordon Gas ba►ve
Should you hav6• MW quw6ot", pta4se do not heaitata to givo = a call.
Russel! K. White
Public Satvicea supervisor
c: JdBW NewdL Dbwtor of Community Developmmt
w
Art. II, § 5 APPENDIX B—SUBDIVISION Art. III, § 1
such bond shall be accepted unless it is enforceable by or
payable to the village in a sum at least one hundred ten
(110) percent of the cost of constructing the improvements
as estimated by the village and in form with the surety and
conditions approved by the village attorney; or
(b) Deposit with the village or place in escrow cash, cashier's
check or a certified check in an amount one hundred ten
(110)'percent of the cost of construction of the improve-
ments as estimated by the village.
(c) Estimates for the costs of said improvements shall be pro-
vided by the subdivider which shall have been certified by
a licensed engineer registered in the State of Florida.
(2) Following receipt of the surety deposit or notification by the
village staff that all improvements have been installed, which-
ever, occurs first, the village council may give final approval to
the final plat and cause said plat to be properly executed.
(3) After final approval by the village council, the subdivider
shall file a true copy of the plat as approved, within sixty (60) days
from the date of such approval with the clerk of the circuit court
of Palm Beach County.
(4) When the plat has been recorded, a reproducible and five (5)
copies thereof shall be filed with the village.
(5) No building permit shall be issued until the final plat has
been recorded in the office of the clerk of the circuit court of Palm
Beach County. No temporary or final certificate of occupancy shall
be issued until all physical improvements serving the property
have been installed in accordance with Article V.
ARTICLE III. PLAT REQUIREMENTS
Section 1. Requirements of the preliminary plat.
(1) The preliminary plat shall be drawn to a scale of not more
than one hundred (100) feet to the inch, provided, however, that a
Supp. No. 21 1227
Art. III, § 1 TEQUESTA CODE Art, III, § 1
scale
of two hundred (200) feet to the inch may be used for large
areas
and shall show the following:
(a)
Proposed subdivision name or identifying title which shall
not duplicate or closely approximate the name of any other
subdivision in the county.
(b)
Location sketch related to the village limits.
(c)
North point, graphic scale and date.
(d)
Name of the owner of property or his authorized agent, also
name mortgagees.
(e)
Name of the registered professional engineer and/or sur-
veyor responsible for the plat.
(fl
Locations and names of adjacent subdivisions.
(g)
Boundary line of the tract to be subdivided drawn accu-
rately to scale and with accurate linear and angular di-
mensions.
(h) All existing water courses, drainage ditches, canals and
bodies of water on or adjacent to the proposed subdivision.
(i) All existing buildings on the proposed subdivision and all
existing sewers, water mains, culverts, fire hydrants, un-
derground or above ground utilities on or adjacent to the
proposed subdivision.
0) All existing streets and alleys on or adjacent to the tract
including name, right-of-way width and pavement width.
Existing streets shall be dimensioned to tract boundaries.
(k) All existing property lines, easements and rights -of -way
and the purpose for which the easements or rights -of -way
have been established.
(1) Location and width of all proposed streets, alleys, rights -
of -way, easements, purpose of easements, proposed lot lines
for each street.
(m) Setback lines shall be shown when required by the village.
(n) Sites, if any, to be reserved or dedicated for parks, play-
grounds, conservation easement areas, or other public uses.
Supp. No. 21 1228
r
Art. III, § 1 APPENDIX B—SUBDIVISION Art. III, § 1
(o) Sites, if any, for multiple -family dwellings, shopping cen-
ters, churches, or other non-public uses exclusive of single-
family dwellings.
(p) Locations and size of proposed water, sewer, drainage fa-
cilities, fire hydrants and other utilities on the land to be
subdivided and on land within one hundred (100) feet
thereof.
(q) Site data, in tabular form, including number of residential
lots, typical lot sizes and areas, and areas in parks, etc.
(r) Space and forms for the following signatures indicating
approval.
1. Dedication by owner
2.
Notary —Attest
3.
Surveyor
4.
Village manager
5.
Mayor
6.
Clerk —Attest
.7.
Building official
8.
Title company
9.
Mortgagee approval
(2) Where the proposed plat covers only a portion of the subdi-
vider's entire holding, sketch shall be submitted showing the pro-
spective street layout and proposed use for the remainder.
(3) The extent and boundaries of the platted area shall be graph-
ically indicated in a clear and understandable manner.
(4) Ten (10) copies of the deed restrictions and/or protective
covenants, whereby the subdivider intends to regulate the land
use other than through the zoning ordinance, shall be attached to
the preliminary plat. Conformance of such deed restrictions shall
not be the responsibility of the village.
(5) If the proposed land to be subdivided does not lie within the
corporate limits but is proposed for annexation to the village, the
preliminary plat shall show a plan indicating the proposed use of
the lots and the county zoning.
Supp. No. 21 1229
41
Art. III, § 2 TEQUESTA CODE Art. III, § 2
Section 2. Requirements of the final plat.
(1) The final plat shall be clearly and legibly drawn in ink or
tracing cloth to a scale of not more than two hundred (200) feet to
one (1) inch. Individual sheets shall not be larger than twenty-
four (24) inches by thirty-six (36) inches overall, as approved by
Palm Beach County for purposes of recording. Where the final
plat of a proposed subdivision requires more than one (1) sheet,
each sheet shall be keyed to a master map with appropriate marks
of identification.
(2) The final plat shall include the following information:
(a) Location sketch showing location of subdivision with re-
spect to section or government lot lines.
(b) Boundary lines of the track with accurate distances mea-
sured to hundredths of a foot and angles to half minutes.
The boundaries shall be determined by accurate survey in
the field, which shall be balanced and closed with error
closures not to exceed one (1) foot to five thousand (5,000)
feet. Surveys shall be coordinated and tied into the nearest
established section corner or quarter section by angle and
distance.
(c) The exact names, locations and widths along the property
lines of all existing or recorded streets intersecting or parel-
leling the boundaries of the tract.
(d) The exact layout including street and alley lines, building
lines as required, street names, bearings, angles of inter-
section and widths (including widths along the lines of any
obliquely intersecting streets), lengths of arcs and radii,
points of curvature and tangent bearings; all easements or
rights -of -way where provided for or owned by public ser-
vices; all lot lines with dimensions in feet and hundredths
and with bearings or angles of other than righC angles to
the street or alley lines; center lines of all streets.
(e) Lots numbered in numerical order beginning with numer-
ical one (1) in each block and blocks numbered in numer-
ical order or lettered in alphabetical order.
M The accurate location and material of all permanent mon-
uments.
Supp. No. 21 1230
Art. III, § 2 APPENDIX B—SUBDIVISION Art. III, § 2
(g) The accurate outline of all property which is to be dedi-
cated or reserved for the public use including open drainage
courses and suitable easements and all property that may
be reserved by covenants in deeds for the common use of
the property owners in the subdivision, with the purposes
indicated thereon.
(h) Names and locations of adjoining subdivisions, if any, the
adjacent portions of which shall be shown in outline form.
(i) Acknowledgment of the owner or owners and all lien holders
to the plats and restrictions, including dedication to public
use of all streets, alleys, parks or other open spaces shown
thereon and the granting of the required easements. Mort-
gage holders shall execute the following certificates on plats:
The mortgagee(s) consents and agrees to the platting of the
lands embraced in the plat and to the dedication shown
thereon, and further, should it become necessary to fore-
close the mortgage covering the said property that all pieces
and parcels dedicated to the public will be excluded from
said suit and the dedication remain in full force and effect.
(j) Private restrictions and/or trusteeships and their period of
existence. Should these restrictions be of such length as to
make their lettering on the plat impracticable and thus
necessitate the preparation of a separate instrument, ref-
erence to such instrument shall be made on the plat.
(k) The certificate of the registered land surveyor attesting to
the accuracy of the survey and that the permanent refer-
ence monuments have been established according to law.
(1) Space and forms for the following signatures indicating
approval.
1.
Dedication by owner
2.
Notary —Attest
3.
Surveyor
4.
Village manager
5.
Mayor
6.
Clerk —Attest
7.
Building official
8.
Title company
Supp. No. 21 1231
Art. III, § 2 TEQUESTA CODE Art. IV, § 1
9. Mortgagee approval
(m) Subdivision name or identifying title.
(n) North point, graphic scale and date.
(o) Name of record owner and subdivider.
(p) Such other features as may be required by Chapter 177,
Florida Statutes, and as amended from time to time.
(3) A separate instrument shall be attached to and made part
of all plats showing the grade of all roads, streets, alleys and
other rights -of -way however, designated, and the elevations of the
several portions of the land departed [depicted] on the plat, by
contour lines at two -foot intervals.
(4) A letter from a title company certifying the following shall
be presented with the final plat:
(a) Parties executing plats are owners of the land embraced in
the plat.
(b) All mortgages, liens, or other encumbrances.
(c) Whether or not taxes and assessments are paid.
(d) Description shown of the property to be platted is correct.
ARTICLE IV. GENERAL REQUIREMENTS AND
DESIGN STANDARDS
Section 1. Conformity to a comprehensive plan and other
general requirements.
(1) No building permits shall be issued on lots or tracts of land
until same have been platted in accordance with these regula-
tions and properly recorded in the public records of Palm Beach
County, Florida.
(2) All proposed subdivisions shall conform to the village zoning
ordinance and to any elements of the comprehensive plan that
have been adopted by the village and meet the requirements and
procedures of the site plan review process of the Village of Te-
questa, and which meet the concurrency requirements of the Vil-
Supp. No. 21 1232
a
DECLARATION OF COVENANTS AND RESTRICTIONS
FOR WILLOW GLEN AT TEQUESTA
Prepared By and Return To:
Arnold Straus, Jr., Esq.
Straus & Eisler, P.A.
10081 Pines Boulevard, Suite C
Pembroke Pines, Florida 33024
DECLARATION OF COVENANTS AND RESTRICTIONS
FOR W11 I OW GLEN AT TEOLIESTA
THIS DECLARATION is made this _ day of , 2002, by SPEAR WILLOW
CORP., a Florida corporation ("Developer") which declares that the real property
described on Exhibit "A" ("Property"), is and shall be held, transferred, sold, conveyed and
occupied subject to the covenants, restrictions, easements, charges and liens set forth
below.
ARTICLE I
The following words when used in this Declaration (unless the context shall
prohibit) shall have the following meanings:
A. "Articles" — the Articles of Incorporation of the Association, a copy of which
is attached hereto as Exhibit "B".
B. "Assessments" —any assessment or other charge as described in this
Declaration.
C. "Association" - WILLOW GLEN HOMEOWNERS ASSOCIATION, INC., a
not -for -profit corporation, its successors and assigns whose purpose is to administer the
Property in accordance with the provision of this Declaration, the Articles, and the Bylaws
as amended.
D. "Board" — the Board of Directors of the Associations, its successors and
assigns.
E. "Bylaws" — the Bylaws of the Association, a copy of which is attached hereto
as Exhibit "C".
F. "Common Areas" - those areas of land, together with any improvements
thereon, other than the Lots, to be maintained by the Association and which are intended
to be devoted to the common use and enjoyment of the Owners, including, but not limited
to surrounding walls, landscaped areas, entrance feature, the lake, and dry retention
areas.
G. "Declaration" — this Declaration of Covenants and Restrictions, as
amended.
1
H. "Developer" — SPEAR WILLOW CORP., a Florida corporation, its
successors and assigns. The Developer may make partial or multiple assignments of its
rights under this Declaration. All such assignees shall be deemed to be the Developer as
to those rights, which may have been assigned to them.
I. "Institutional Lender" - any person or entity (i) holding a mortgage
encumbering a Lot, and which (ii) in the ordinary course of business makes, originates,
purchases, sells, guarantees, or insures mortgage loans. An Institutional Lender may
include, but is not limited to, a federal or state chartered bank or savings and loan
association, an insurance company, a real estate or mortgage investment trust, a pension
or profit sharing plan, a mortgage company; the Government National Mortgage
Association, the Federal National Mortgage Association, the Federal Home Loan
Mortgage Corporation, an agency of the United States or any other governmental
authority, including the Veterans Administration and the Federal Housing Administration
of the U.S. Department of Housing and Urban Development, or any other similar type of
lender generally recognized as an institutional type lender. For definitional purposes only,
an Institutional Lender shall also mean the holder of any mortgage executed by or in favor
of Developer, whether or not such holder would otherwise be considered an Institutional
Lender.
J. "Lot" - any lot as shown on the Plat of WILLOW GLEN, as recorded in Plat
Book Page , of the Public Records of Palm Beach County, Florida,
attached hereto as Exhibit'D".
K. "Owner" or "Member'- the record owner, whether one or more persons or
entities, of the fee simple title to any Lot.
L. "Property" - all property subject to this Declaration or any Supplemental
Declaration under the provisions of Article II hereof.
M. "Special Assessment" - Assessments levied in accordance with Article V,
Section D of this Declaration.
N. "Surface Water or Stormwater Management System" — a system which is
designed and constructed to control the discharge of water caused by rainfall, and which
shall incorporate methods to reduce flooding.
ARTICLE II
A. Legal Descri t� ion. The real property, which is and shall be held,
transferred, sold, conveyed and occupied subject to this Declaration is located in Palm
Beach County, Florida and is more particularly described in Exhibit "A."
FA
B. v _lo rpe 's Right to Add Additional Prosy to or Withdraw Propert:,
Developer shall have the right, in its sole discretion, to add or withdraw any real property
owned by Developer, subject to the approvals of Village of Tequesta and Palm Beach
County, but without any requirement of approval from the Association, an Owner, or any
holder of any mortgage on any Lot. Upon addition of any property to the scheme of this
Declaration, the owners of such additional property shall be and become subject to this
Declaration, including assessment by the Association for their pro rata share of the
Association expenses. The addition of lands as aforesaid shall be made and evidenced
by filing in the Public Records of Palm Beach County, Florida, a Supplemental
Declaration with respect to the lands to be added.
ARTICLE III
A. Membership. Every person or entity who is a record owner of a fee or
undivided fee interest in any Lot shall be a Member of the Association.
B. Voting Rights. The Association shall have two classes of voting
membership:
Class A Class A Members shall be all those Owners as defined in Section A,
with the exception of the Developer. Class A Members shall be
entitled to one vote for each Lot in which they hold the interests
required for membership by Section A. When more than one person
holds such interest in any Lot, all such persons shall be Members,
but in no event shall more than one vote be cast with respect to any
such Lot.
Slate ss B The Class B Member shall be the Developer. The Class B Member
shall be entitled to one vote for each Lot in which it holds the interest
required for membership by Section A; provided, hnwevet, that
notwithstanding any provision to the contrary, the Developer shall
have the right to elect the entire Board of Directors of the Association
until the first of the following events occurs:
(1) when ninety percent (90%) of Lots with Living Units constructed on
them are conveyed to Owners; or
a Member.
(2) Five years after the first improved Lot has been conveyed to a Class
3
C. nP_ _v_elo rpe ,s Rights- The Developer shall have the right to appoint one
member to the Board of Directors for so long as the Developer owns any portion of the
Property, and the Board of Directors may not exceed five (5) Members during that time.
D. Termination of the Association. In the event of dissolution of the
Association, any Owner may petition the Circuit Court of the Fifteenth Judicial Circuit of
the State of Florida for the appointment of a Receiver to manage the affairs of the
Association and to make such provisions as may be necessary for the continued
management of the dissolved Association, including the Common Area.
ARTICLE IV
A. Ownership. Developer may retain legal title to the Common Area so long
as it owns fee simple title to at least one Lot in the Property. From the date of the this
Declaration until the Developer conveys its last Lot to a Class A Member, the Developer
shall convey portions of the Common Area to the Association, and the Association shall
accept such conveyance, subject to taxes for the year of conveyance and to restrictions,
limitations, conditions, reservations and easements of record. The timing of such
conveyances shall be within the Developer's sole discretion.
B. Maintenance. The Association shall be responsible for the maintenance of
the Common Area and any improvements or personal property thereon. Taxes, if any,
shall be prorated between Developer and the Association based upon ownership of the
Common Area. At all times, the Association shall maintain the Common Area in good
repair, and shall replace as scheduled any and all improvements situated on the Common
Area (upon completion of construction by Developer), including, but not limited to: the
lake and the lake bank (Tract B on Exhibit D); landscaping, paving, if required by the
Village of Tequesta, in the entrance way; drainage of Surface Water Management
System, if required by the Village of Tequesta; street lighting fixtures, if required by the
public utility or by the Village of Tequesta; signage; irrigation systems, only if the
Developer installs a system which is to be operated by the Association; dry retention
areas (Tracts C and D on Exhibit D); and other structures or areas owned or operated by
the Association, except public utilities, and the streets and sidewalks, which are dedicated
to the public, and shall be maintained by the Village of Tequesta. All work pursuant to
this Section and all expenses hereunder shall be paid for by the Association through
assessments as provided in this Declaration. Such assessments shall be against all Lots
equally; provided, however, that the cost of any maintenance, repair or replacement
caused by the negligent conduct of a Member or by the failure of a Member to comply
with the lawfully adopted rules and regulations of the Association shall be levied as a
Special Assessment against such Member. No Owner may waive or otherwise escape
4
liability for the assessments for such maintenance by non-use of the Common Areas or
abandonment of his right to use the Common Areas.
C. Develr n _rs.� Right to Common Areas. As long as Developer owns at least
one Lot, Developer shall have the right to enter upon the Common Area during periods of
construction upon adjacent Properties and for the purpose of construction of any facilities,
may grant easements to Lot Owners adjacent to Common Areas for overhangs,
protrusions and encroachments of any portion of the improvements to a Lot which are
constructed by Developer. Developer shall have the right to dedicate the Common Areas
or a portion thereof to any governmental authority or utility company, or to grant an
easement over the Common Areas in favor of any governmental authority or utility
company, without requiring the joinder or consent of any other Owner or mortgagee
holding a mortgage on any Lot.
D. Street Lighting. If required by the Village of Tequesta, the Association shall
have the obligation for maintenance of any street lighting facilities from the date of
installation, including replacement of the fixtures within the Common Areas and payment
for electricity. Developer shall be entitled to all rebates or refunds of the installation
charges.
E. nly Retention Area. Tracts C and D of Exhibit "D" are designated as Dry
Retention Areas. The Association shall maintain these Areas in accordance with Site
Plan approvals, Platting requirements, and other Agreements reached between the
Developer and the Village of Tequesta.
F. I nkt The Lake (Tract B on Exhibit D) is dedicated for usage as a private
lake for the Owners, and their invitees. If the Developer installs a pump or irrigation
system in the Lake, the Association will be responsible for its operation and maintenance.
No person shall swim in the Lake, however, Owners may use non -motorized water craft
in the Lake. The usage of the Lake shall be subject to any rules or ordinances
established by any government agency, drainage district or water management district
with jurisdiction over the Lake.
G. Maintenance of Residence. The maintenance of the residence and related
improvements constructed on the Lot shall be the complete maintenance responsibility of
the Owner.
H. Rules and Regulations. The Association, through its Board of Directors,
may make and enforce reasonable rules and regulations governing the use of the
Properties, which rules and regulations shall be consistent with the rights and duties
established by this Declaration. Sanctions may include reasonable monetary fines, which
shall be levied as a Special Assessments as provided in this Declaration, and suspension
of the right to vote and the right to use the recreation facilities. The Board shall, in
addition, have the power to seek relief in any court for violations or to abate nuisances.
5
Imposition of sanctions shall be as provided in the Bylaws of the Association. In addition,
the Association, through the Board, may, by contract or other agreement, enforce court
ordinances or permit Palm Beach County or the Village of Tequesta to enforce
ordinances on the Property for the benefit of the Association and its Members.
ARTICLE V
A. Fasements_ Developer is establishing easements as set forth on Exhibit
D. Additionally, Developer or the Association may be required by a government agency
to grant an easement for access, ingress, egress, or public utilities.
B. Owners' Easements of Enjoyment. Subject to the provisions of this
Declaration, every Owner and his invitees shall have a right and easement of enjoyment
in the Common Area which shall be appurtenant to every Lot. Such easement of
enjoyment shall include but not be limited to the Owner's right of ingress and egress over
the streets, roadways and walkways on the Common Area for purposes of access to the
Owner's Lot, whether these are easements or dedicated to the public.
C. Members' Easements. Each Member of the Association and each tenant,
agent and invitee of such Member shall have a perpetual easement for ingress and
egress for pedestrian and vehicular traffic over and across the walkways, driveways and
roads on the Common Areas, for use in common with all such Members, their tenants,
agents and invitees. The foregoing easements are subject to the following:
(1) The right and duty of the Association to levy assessments against
each Lot for the purpose of maintaining the Common Areas and facilities in compliance
with the provisions of this Declaration and with any restrictions on the various plats of the
Property.
(2) The right of the Association to suspend the voting rights and right to
use the Common Areas and facilities by an Owner for any period during which any
assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days
for any infraction of its lawfully adopted and published rules and regulations.
(3) The right of the Association to adopt and enforce rules and
regulations governing the use of the Common Areas and all facilities at any time situated
thereon.
L•�
D. Utelety Easements. Public utilities may be installed underground in the
Common Areas when necessary for the service of the Property, but all use of utility
easements shall be in accordance with the applicable provisions of this Declaration.
A right and easement for utility services as originally installed by the Developer to
each Lot is hereby established in favor of the providers of electric service, water,
telephone and cable television. No Owner shall take any action which would in any way
interfere with this easement. Any Owner who damages or interferes with such utility
service or services shall promptly, at his expense, repair or correct any such utility service
or services.
In particular, a right and easement for utility services is hereby established in favor
of Florida Power & Light Company, Southern Bell and for cable purposes over, under, on
and above each Lot, as shown on Exhibit " D', to service not only the Lot encumbered by
the easement, but also any Lot adjacent thereto. This easement shall be for the
installation, service and maintenance of the utilities specified herein, for all required
access related thereto, for access for the purpose of reading the electrical meters, as well
as for the general use for the utility purposes specified herein. The beneficiary of this
easement shall not be responsible to replace or repair any landscaping damaged as a
result of the use of the easement created herein. The easement established herein may
not be amended without the express written consent of the beneficiary of said easement.
E. Public Easements. Firefighters, police, health, sanitation and other public
service and utility providers' personnel and vehicles shall have a permanent and
perpetual easement for ingress and egress over and across the Properties.
F. Easements for Encroachment. There shall be reciprocal appurtenant
easements of encroachment as between each residence and such portion or of the
Common Area adjacent thereto or as between adjacent Lots due to the unintentional
placement or settling or shifting of the improvements constructed, reconstructed, or
altered thereon (in accordance with the terms of these restrictions) to a distance of not
more than one (1) foot, as measured from any point on the common boundary between
each Lot and the adjacent portion of the Common Area or as between said adjacent Lots,
as the case may be, along a line perpendicular to such boundary at such point; provided,
however, in no event shall an easement for encroachment exist if such encroachment
occurred due to willful and knowing conduct on the part of an Owner, tenant, or the
Association.
G. Additional Easement. The Developer (during any period in which the
Developer has any ownership interest in the Properties) and the Association shall each
have the right to grant such additional electric, telephone, gas, sprinkler, irrigation, cable
television or other easements, and to relocate any existing easement in any portion of the
Properties and to grant access easements and to relocate any existing access
easements in any portion of the Properties as the Developer or the Association shall
7
deem necessary or desirable, for the proper operation and maintenance of the
Properties, or any portion thereof, or for the general health or welfare of the Owners or for
the purpose of carrying out any provisions of this Declaration; provided that such
easements or the relocation of existing easements will not prevent or unreasonably
interfere with the use of the Lots for dwelling purposes.
H. Association Fasement. For the purpose solely of performing its obligations
under the provisions of this Declaration, the Association, through its duly authorized
agents, employees or independent contractors, shall have the rights, after reasonable
notice to the Owner, to enter upon any Lot at reasonable hours of any day. In the event
of an emergency, such right of entry shall exist without notice. Each Owner hereby grants
to the Association, its duly authorized agents, employees or independent contractors such
easements for ingress and egress, across the Lots and through improvements
constructed upon the Lots, as may be reasonably necessary to perform the exterior
maintenance and the privacy wall maintenance or construction, as otherwise provided
herein. In addition, the owner of the adjoining property (not within the Properties) may
grant the Association, its duly authorized agents, employees or independent contractors,
such easements for ingress and egress across its Properties to effect and perform its
duties. In such event, the Association shall indemnify the adjoining property owner for
any damage or injury to the easement areas caused by the use thereof or access to
perform the exterior maintenance.
I. Privacy Wall. Each Lot and the Common Area abutting the perimeter of the
Property is hereby subject to a permanent five foot easement in favor of the Developer
and the Association to permit the construction, existence, maintenance, repair and
restoration of a privacy wall and/or fencing on the perimeter boundary of the Property.
The Association may require the individual Owner whose property abuts the privacy wall
or fence to maintain his portion, failing which, the Association may levy a special
assessment.
J. Drainage Easements. An easement for cross drainage of run-off water
shall exist over adjoining Lots. The easement created in this section shall be permanent,
perpetual and exclusive to the Owners involved.
K. Day Detention. An easement has been created for a Dry Detention Area to
the North of the Property in favor of Rood Landscape, Inc., which allows for drainage onto
the Property, through Lots 18 and 19 as shown on Exhibit "D" and tying into the
Association's underground drainage system. The Association shall maintain the
easement in accordance with Site Plan Approval, Platting Requirements, and other
agreements among the Village of Tequesta, Developer, and Rood Landscape, Inc. The
Owners of Lots 18 and 19 shall allow access to Developer and Association, as required,
for the installation and maintenance of this easement.
W
W
L. Fnsement to Rood Landscape Inc. The Association and all Members
acknowledge that there will be a permanent easement for utilities and emergency access
in favor of Rood Landscape, Inc. across Lots 20 and 21. The Association shall maintain
the easement in accordance with Site Plan Approval, Platting Requirements, and other
agreements among the Village of Tequesta, Developer, and Rood Landscape, Inc. The
Owners of Lots 20 and 21 shall allow. access to Developer and Association, as required,
for the installation and maintenance of this easement.
M. Lift Station. The Association and all Members acknowledge that there will
be a permanent easement for a lift station on Lot 51. The Association shall maintain the
easement in accordance with Site Plan Approval, Platting Requirements, and other
agreements among the Village of Tequesta and Developer. The Owner of Lot 51 shall
allow access to Developer and Association, as required, for the installation and
maintenance of this easement.
ARTICLE VI
A. Architectural Control. As long as Developer owns a Lot, the Developer shall
control the Architectural Review Board ("ARB").
B. Architectural Review Board. The ARB shall have the power to promulgate
such rules and regulations as it deems necessary to carry out the provisions and intent of
this Section and other provisions of this Declaration. The ARB shall consist of three
members and such members shall be designated by the Directors of the Association. In
the event of death, disability or resignation of any member of the ARB the remaining
members shall have full authority to designate a successor. The members of the ARB
need not be Members of the Association, as long as the Developer still owns a Lot,
however, thereafter, all members of the ARB must be Members.
C. Owner to Obtain Approval. No Owner shall make, install, place, or remove
any building, fence, screen enclosure, porch, wall, patio area, pool, spa, landscaping and
planting or any other alteration, addition, improvement, or change of any kind or nature to,
in or upon any portion of the Common Areas or the Owner's Lot, unless the Owner first
obtains the written approval of the ARB to do same, except that such approval shall not
be required for any maintenance or repair which does not result in a material change in
any improvement including the color of same.
0
D. ARB's Consent. Any request by an Owner for approval by the ARB to any
addition, alteration, improvement, or change shall be in writing and shall be accompanied
by plans and specifications or other details as the ARB may deem reasonably necessary
in connection with its determination as to whether or not it will approve same. Approval of
any request shall not be unreasonably withheld, and shall not be withheld in a discrim-
inatory manner or in a manner which unreasonably prohibits the reasonable development
of any Lot but may be withheld due to aesthetic considerations. Notwithstanding the
foregoing, the ARB may withhold approval for upgraded landscaping to be installed by an
Owner within that portion of his Lot to be maintained by the ARB solely due to
maintenance and related considerations, and the ARB may withhold approval for
construction of swimming pools due to nuisance and related considerations (such as the
likelihood of interference with other residents of the Properties during construction). The
ARB shall notify the Owner of its approval or disapproval by written notice within thirty (30)
days after request for such consent is made in writing to the ARB, and in the event the
ARB fails to disapprove any request within such thirty (30) day period, the consent shall
be deemed approved and upon request the ARB shall give written notice of such
approval. In consenting to any plans or specifications, the ARB may condition such
consent upon changes being made. If the ARB consents to any plan and specifications,
the Owner may proceed to make the alteration, addition, improvement, or change in strict
conformance with the plans and specifications approved by the ARB, and subject to any
conditions of the ARB's approval.
E. No Lam. The ARB or the Developer shall not be liable to any Owner in
connection with the approval or disapproval of any alteration, addition, improvement, or
change. Furthermore, any approval of any plans or specifications by the ARB or the
Developer shall not be deemed to be a determination that such plans or specifications are
complete or do not contain defects, or in fact meet any standards, guidelines and/or cri-
teria of the ARB or the Developer, or are in fact architecturally or aesthetically
appropriate, or comply with any applicable governmental requirements, and the ARB or
the Developer shall not be liable for any deficiency, or any injury resulting from any
deficiency, in such plans and specifications.
F. Remedy for Violations. In the event this section is violated, the ARB, the
Association, or the Developer (if the Developer still owns at least one Lot) shall have the
right to demand that an Owner stop, remove or alter any alteration, addition, improvement
or change to comply with the requirements of the ARB or the Developer, and the ARB,
the Association, or the Developer may pursue injunctive relief or any other legal or
equitable remedy available to the ARB or the Developer in order to accomplish such
purposes. Any action to enforce this Section must be commenced within one (1) year
after written notice to the Owner, return receipt requested, of the violation. The foregoing
shall be in addition to any other remedy set forth herein for violations of this Declaration.
10
ARTICLE VII
ASSOCIATION—
AftPOKWbFab)
A. Creation of the Lien and Personal Obligation for the Assessments,. The
Developer and each Owner of any Lot, by acceptance of a deed, covenant and agree to
pay to the Association annual, General Assessments for general expenses and Special
Assessments of, such assessments to be fixed, established and collected as provided.
The General and Special Assessments, together with such interest thereon and costs of
collection thereof as hereinafter provided, shall be a charge on the Lot and shall be a
continuing lien upon the Lot against which such Assessment is made and shall also be
the personal obligation of the person who was the Owner of such Lot at the time when the
Assessment fell due. The Assessments against each Lot shall be equal. The full
Assessment as to each Lot upon which an improvement is constructed shall commence
on the conveyance of the Lot by the Developer to a Class A Member. The lien rights
provided herein shall not apply to any portion of the Property owned by the Developer.
B. Purpose of Assessments. The General Assessments levied by the
Association shall be used exclusively for the general expenses of the Association.
General expenses are any and all charges for the maintenance of the Common Areas
and expenses related with operating the Association for the Members of the Association
and their families residing with them, and their guests and tenants, including, but not
limited to: (1) expenses of administration, insurance, maintenance, repair or replacement
of the Common Areas; (2) reasonable reserves deemed necessary by the Board of
Directors for repair, replacement or addition to the Common Area; and, expenses agreed
upon as general expenses by the Association. The Developer shall establish the initial
budget, which shall be based on a fully developed community. By a majority vote of the
Board of Directors, the Board shall adopt an annual budget for the subsequent fiscal year
which shall provide for allocation of expenses in such a manner that the obligations
imposed by this Declaration will be met.
C. Date of Commencement of General Assessments- Due Dates. The
General Assessments shall commence on the recordation of this Declaration. Thereafter,
the Board of Directors shall fix the date of commencement and amount of the
Assessment against each Lot at least thirty (30) days in advance of the commencement
period. The General Assessments shall be payable in advance in quarterly installments,
or as otherwise determined by the Board of Directors of the Association.
The amount of the General Assessment may be changed at any time by the Board
from that originally adopted or that which is adopted in the future. The Assessment shall
be for the calendar year, but the amount of the General Assessment to be levied during
11
any period shorter than a full calendar year shall be in proportion to the number of months
remaining in such calendar year.
D. Special Assessments. A Special Assessment may be levied against one or
more Lots for the following purposes:
(1) special services to a specific unit or units which services are
requested by the Owner thereof;
(2) charges for expenses of the Association which are not general
expenses but which are attributable to a specific unit or units and which are designated as
a special charge;
(3) reimbursement for damages caused by an Owner, Owners, their
family members, guests, invitees or tenants;
(4) capital improvements relating to the Common Area;
(5) late charges, user fees, fines and penalties;
(6) any other charge which is not a general expense; or
(7) any general expense, which exceeds the amount budgeted, or any
emergency expense which exceeds the amount of any reserves or other Association
funds.
The Board of Directors shall fix the amount and due date of any Special Assessment by
resolution, which resolution shall also set forth the Lot or Lots subject to such
Assessment.
E. Reserves. The budget may reflect reserve funds for deferred maintenance
and capital expenditures.
F. Developer Payment of Assessments. As long as Developer is the owner of
any Lot, the Developer shall not be liable for Assessments against such Lot, provided that
Developer shall be responsible for all Association expenses in excess of the
Assessments received from other Owners, including working capital and other income
received by the Association. In no event shall Developer be required to fund reserves
allocated to any Lot owned by the Developer. Developer may, at any time, commence
paying such Assessments as to all Lots that it owns and thereby automatically terminate
its obligation to fund deficits in the operating expenses of the Association. In addition, the
Developer's obligation to fund deficits in the operating expenses of the Association shall
terminate at such time as the Developer no longer owns any portion of the Property.
12
Developer's payment of Assessments may be by payment of funds, delivery of goods or
provision of services to the Association, or any combination thereof.
G. Working Capital Fund. Developer shall establish a Working Capital Fund
for the initial months of operation of the Association, which shall be collected by the
,Developer from each Lot purchaser at the time of conveyance of each Lot to such
purchaser in an amount equal to three (3) months of the annual assessment for each
Lot. Each Lot's share of the Working Capital Fund shall be collected and transferred to
the Association at the time of closing of the sale of each Lot. Amounts paid into the fund
are not to be considered as advance payment of regular assessments. Notwithstanding
the foregoing, the Developer, for so long as it controls the Board of Directors, shall have
the right to use the Working Capital Fund to pay for ordinary expenses of the Association.
H. Roster- Notice; Certificate. A roster of the Lots and Assessments
applicable thereto shall be kept in the office of the Association and shall be open to
inspection by any Owner. The Association shall, upon demand at any time, furnish to
any Owner liable for an Assessment a certificate in writing signed by an officer or agent of
the Association, setting forth whether such Assessment has been paid as to the Lot
owned by the Owner making request therefore. Such certificate shall be conclusive
evidence of payment of any Assessment to the Association therein stated to have been
paid.
I. Collection of Assessment Effect of Non Payment of Assessments; The
Personal Obligation of the Owner; The Lien- Remedies of the Association. If any
Assessment is not paid within ten (10) days after the due date, the Association shall have
the right to charge the Owner a late fee of ten percent (10%) of the amount of the
Assessment, or Ten and No/100 Dollars ($10.00), whichever is greater, plus interest at
the then highest rate of interest allowable by law from the due date until paid. If there is
no due date applicable to any particular Assessment, then the Assessment shall be due
ten (10) days after written demand by the Association. If any Owner is in default in the
payment of any Assessment owed to the Association for more than thirty (30) days after
written demand by the Association, the Association upon written notice to the defaulting
Owner shall have the right to accelerate and require such defaulting Owner to pay
Assessments to the Association for the next twelve (12) month period, based upon the
then existing amount and frequency of Assessments. In the event of such acceleration,
the defaulting Owner shall continue to be liable for any increases in the regular
Assessments, for all special Assessments, and/or for all other Assessments payable to
the Association. If the Assessments and any late fees and interest are not paid on the
date when due, then such Assessments and any late fees and interest shall become
delinquent and shall, together with such interest thereon and the cost of collection thereof
as hereinafter provided, thereupon become a continuing lien on the property which shall
bind such property in the hands of the Owner, his heirs, devisees, personal
representatives, successors and assigns. Any individual who acquires title to a Lot upon
the death of an Owner or by operation of law shall be personally liable for unpaid
13
Assessments and late fees with respect to such Lot. In any voluntary conveyance, the
Grantee shall be jointly and severally liable with the Grantor for all unpaid Assessments
made prior to the time of such voluntary conveyance, without prejudice to the rights of
the Grantee to recover from the Grantor the amounts paid by the Grantee therefore.
The Association may, bring an action at law against the Owner personally obligated
to pay the same or may record a claim of lien against the property on which the
Assessment and late fees are unpaid, or may foreclose the lien against the property on
which the Assessment and late fee are unpaid, in like manner as a foreclosure of a
mortgage on real property, or pursue one or more of such remedies at the same time or
successively, and there shall be added to the amount of such Assessment and late fee,
attorney's fees and costs of preparing and filing the claim of lien and the complaint in
such action, and in the event a judgment is obtained, such judgment shall include interest
on the Assessment and late fee as above provided and a reasonable attorney's fee to be
fixed by the court together with the costs of the action, and the Association shall be
entitled to attorney's fees in connection with any appeal of any such action.
It shall be the legal duty and responsibility of the Association to enforce payment of
the Assessments and late fees hereunder.
The provisions set forth in this section shall not apply to the Developer for so long
as the Developer owns any portion of the Properties.
J. Subordination of the Lien to First Mortgages. The lien of Assessments,
including interest, late charges (subject to the limitations of Florida laws), and costs
(including attorney's fees) provided for herein, shall be subordinate to the lien of any first
mortgage of an Institutional Lender upon any Lot. In addition, the lien of assessments,
including interest, late charges (subject to the limitation of Florida laws), and costs
(including attorneys' fees) provided for herein, shall be subordinate to a mortgage held by
Developer upon the Properties, or any portion thereof, or any interest therein. The sale or
transfer of any Lot or parcel of land shall not affect the Assessment lien. However, the
sale or transfer of any Lot or parcel pursuant to judicial or non judicial foreclosure of a first
mortgage shall extinguish the lien of such Assessments as to payments which became
due prior to such sale or transfer. No sale or transfer shall relieve such Lot or parcel from
lien rights for any Assessments thereafter becoming due. Where the Institutional Lender
of a first mortgage of record or other purchaser of such a Lot obtains title, its successors
and assigns shall not be liable for the Assessments chargeable to such Lot which
became due prior to the acquisition of title to such Lot by such acquirer. Such unpaid
Assessments shall be deemed to be an Assessment divided equally among, payable by
and assessed against all Lots, including the Lot as to which the foreclosure (or
conveyance in lieu of foreclosure) took place. Likewise, where a mortgage is held by the
Developer upon the Properties, or a portion thereof, and the Developer or other
purchaser obtains title, its successors and assigns shall not be liable for the Assessments
levied by the Association against the Properties, or a portion thereof, which become due
14
prior to the acquisition of title to the Properties, or portion thereof, by such acquirer. Such
unpaid Assessments shall be deemed to be an Assessment divided equally among,
payable by and assessed against all Lots, including the Lot as to which the foreclosure (or
conveyance in lieu of foreclosure) took place.
K. Exempt Property. The Board of Directors shall have the right to exempt
property subject to this Declaration from the Assessments, charges and liens created
herein if such property is used (and as long as it is used) for any of the following
purposes:
(1) Any easement or other interest therein dedicated and accepted by a
public authority and devoted to public use.
(2) All Common Areas as defined in Article I hereof.
(3) All Properties exempt from ad valorem taxation by the laws of the
State of Florida, to the extent agreed to by the Association.
ARTICLE VIII
A. Applicability. The provisions of this Article shall be applicable to all Lots
situated within the Properties.
B. Land Use. No Lot shall be used except for residential purposes.
Temporary uses for model homes, parking lots, construction trailer, construction storage
areas and/or sales offices shall be permitted for the Developer.
C. Change in Buildings. No Owner shall make or permit any structural
modification or alteration of any building except as per Article IV herein, and such consent
may be withheld if, in the sole discretion of the party denying the same, it appears that
such structural modification or alteration would adversely affect or in any manner
endanger other dwelling units. No building shall be demolished or removed without the
prior written consent of both the Board of Directors of the Association and Owner(s) of the
immediately adjoining building(s). In the event any building is demolished or removed, if
replaced, said building shall be replaced with a unit of similar size and type within twelve
(12) months. In the event the building is not replaced, then the Lot shall be sodded and
maintained as a landscaped Lot.
D. Building Location. Buildings shall be located in conformance with the
Zoning Codes of the Village of Tequesta and the County of Palm Beach, Florida and any
specific zoning approvals thereunder, or as originally constructed on a Lot by Developer
15
n
or its successor or assignee. Whenever a variance or special exception as to building
location or other item has been granted by the authority designated to do so under the
Zoning Code, said variance or special exception is hereby adopted as an amendment to
this Section and any future variance of special exception as to building location or other
item shall constitute an amendment of this Section.
E. Landscaping of Easements. In addition to the easements reserved herein,
easements for drainage, installation and maintenance of utilities and for ingress and
egress are shown on the recorded plat(s) of the Properties. Within these easements no
structure, planting or other material may be placed or permitted to remain that will
interfere with vehicular traffic or prevent maintenance of utilities. Public utility companies
servicing the Properties and the Association, and their successors and assigns, shall
have a perpetual easement for the installation and maintenance of water lines, sprinkler
lines, sanitary sewers, storm drains, gas lines, electric and telephone lines, cables and
conduits, including television cables and conduits and such other installations as may be
required or necessary to provide maintenance and utility services to the Lots and/or the
Common Areas under and through the utility easements as shown on the plat(s). Any
damage caused to pavement, driveways, drainage structures, sidewalks, other structures,
or landscaping in the installation and maintenance of such utilities shall be promptly
restored and repaired by the utility whose installation or maintenance caused the
damage. All utilities within the subdivisions, whether in streets, rights -of -way or utility
easements, shall be installed and maintained underground, provided, however, that water
and sewer treatment facilities and control panels for utilities may be installed and
maintained above ground.
F. Nuisances. No noxious or illegal activity shall be carried on upon any Lot,
nor shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood or any other Lot Owner. In the event of any question as to
what may be or become a nuisance, such question shall be submitted to the Association
for a decision in writing, which decision shall be final. In addition, no weeds, underbrush
or other unsightly growths shall be permitted to grow or remain upon any Lot. No refuse
pile or unsightly objects shall be allowed to be placed or suffered to remain on any Lot;
and in the event that an Owner shall fail or refuse to keep his Lot free of weeds,
underbrush or refuse piles or other unsightly growths or objects, then the Association may
enter upon said premises and remove the same at the expense of the Owner, and such
entry shall not be deemed a trespass. All garbage or trash containers must be
underground or placed in walled -in areas so that they shall not be visible from the
adjoining Properties, provided, however, any portion of the Properties not yet developed
by Developer, shall be maintained in a clean condition but shall not be expected to be
maintained in a manicured condition.
G. Tem op ram Structures. No structure of a temporary character, or trailer,
tent, mobile home or recreational vehicle shall be permitted on any Lot either temporarily
i[�
or permanently, except that the Developer may park a trailer on the Properties during
periods of construction.
H. Si=. Except for one sign of not more than one square foot used to
indicate the name of the resident, no "for rent", "for sale" or other sign of any kind shall be
displayed to the public view on the Properties, without the prior consent of the ARB;
provided that the Developer, so long as it has not sold all of its Lots in the Properties,
shall retain the right to disapprove any signs displayed to the public view.
Notwithstanding the foregoing, this Section shall not apply to the Developer for as long as
it holds title to any portion of the Properties. Additionally, the Developer or Association
may erect on the Common Areas an entrance sign indicating the name of the community.
I. Oil and Mining Operations. No oil drilling, oil development operations, oil
refining, quarrying or mining operations of any kind shall be permitted upon or in the
Properties nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted
upon or in the Properties. No derrick or other structure designed for use in boring for oil
or natural gas shall be erected, maintained or permitted upon any portion of the land
subject to these restrictions.
J. Animals and Pets. No animals, livestock, or poultry of any kind may be
raised, bred, kept or permitted on any Lot, with the exception of dogs, cats, or other usual
and common household pets in a reasonable number. The keeping of a dog or other
domestic pet is not a right of an Owner, but is a conditional license. This conditional
license is subject to termination at any time by the Board of Directors upon a finding that a
dog or other pet is vicious, is annoying to other residents, or has in any way become a
nuisance. The owner of a pet assumes liability for all damage to persons or property
caused by the pet or resulting from its presence at the Properties.
This license is subject to the following conditions:
(1) Pets shall be kept on a leash at all times when outside a building and
not enclosed within a fenced -in area.
(2) Pets are permitted to have excrements upon the Common Areas
provided that the Owner shall immediately remove such excrement from the Common
Areas with a "Pooper-Scooper" or other appropriate tool and deposit said waste in an
approved trash receptacle.
(3) The owner of a pet shall be responsible, and by virtue of ownership,
assumes responsibility for any damage to persons or property caused by his pet(s).
(4) Any pet whose owner violates the provisions and intent of these
rules shall be deemed a nuisance and subject to removal in accordance with the
provisions of this Declaration.
17
K. Visabilify at Intersections. No obstruction to visibility at street intersections
shall be permitted.
L. Commercial Trucks, Trailers,. Campers and Boats. No commercial trucks or
commercial vehicles, campers, mobile homes, motor homes, boats, house trailers, boat
trailers, or trailers of every other description shall be permitted to be parked or to be
stored at any place on any Lot, except only during the periods of approved construction
on said Lot, and except that they may be stored within garages. The term "commercial
vehicle" shall include all automobiles, trucks and vehicular equipment, including station
wagons, which bear signs or shall have printed on same some reference to any
commercial undertaking or enterprise, or vehicles of more than six feet (6') in height. This
prohibition of parking shall not apply to temporary parking of trucks and commercial
vehicles, such as for pick-up, delivery, and other commercial services.
M. Fences. No fence, wall or other structure shall be erected in the front yard,
back yard, or side yard except as originally installed by Developer or its assignee, or
approved under Article VI.
N. Garbage and Trash Disposal. No garbage, refuse, trash or rubbish shall be
deposited on any Lot except in a walled in area; provided, however, that the requirements
from time to time of the Village of Tequesta and County of Palm Beach for disposal or
collection shall be complied with. All equipment for the storage or disposal of such
material shall be kept in a clean and sanitary condition. All garbage placed out for
collection must be in sealed garbage bags, covered plastic garbage cans, or such other
containers supplied or approved by the garbage collecting authority.
O. _Drying Areas. No absolute prohibition of outside clotheslines or drying
areas shall be permitted.
P. Gas Containers. No gas tank, gas container, or gas cylinder (except those
placed by the Developer or approved by the ARB in connection with the installation of
swimming pools and/or permanent barbecues, and except those used for portable
barbecues) shall be permitted to be placed on or about the outside of any house or any
ancillary building, and all such items (except those placed by the Developer in connection
with the installation of swimming pools and/or permanent barbecues, and except those
used for portable barbecues) shall be installed underground in every instance where gas
is used. In the alternative, gas containers may be placed above ground if enclosed on all
sides by a decorative safety wall approved by the ARB. Portable barbecues must be
located or screened so as to be concealed from view of neighboring Lots, streets and
property located adjacent to the Lot.
Q. Communication Equipment. Except as may be installed by the Developer
or as may be permitted by the ARB, no antennas, satellite dishes, aerials, or lines, wires
IME
or other devices for communication or transmission of current shall be placed on any
portion of the Properties. In no event, however, shall lines or wires for communication or
the transmission of current be constructed placed, or permitted to be placed within the
Common Areas unless the same shall be installed by the Association for the common
use of all Members, and shall be protected cables, and any of said lines or wires which
are not located in buildings shall be constructed or placed and maintained underground.
Any line or wire installations permitted by the Architectural Control Board pursuant to this
Section shall be protected cable and shall only be installed underground.
R. County Requirement. Any plat or replat of the Properties subject to this
Declaration must conform with the master plan as approved by Village of Tequesta, Palm
Beach County as well as the applicable site plans as approved by any Site Plan Review
Committees.
S. Drainage. No change in any drainage pattern of any Lot, after issuance of
a certificate of occupancy for the dwelling thereon, or of any portion of the Properties,
after all contemplated improvements have been completed, shall be made which will
cause undue hardship to an adjoining Lot or adjoining property with respect to natural
runoff of rain water. Streets, swales, and any other areas designated as retention areas
pursuant to the engineer's drainage plans will retain water during certain storm periods
that may extend for a period of time beyond the engineer's design estimate.
T. Leasing. No lease may be made for less than a six (6) month period, nor
shall a Lot be leased more than two (2) times during any twelve (12) month period. Each
Owner shall be responsible for the acts and omissions, whether negligent or willful, of
any person residing on his Lot, and for all guests, and invitees of the Owner or any such
resident, and in the event the acts or omissions of any of the foregoing shall result in any
damage to the Common Areas, or any liability to the Association, the Owner shall be
assessed for same as in the case of any other Assessment, limited where applicable to
the extent that the expense or liability is not met by the proceeds of insurance carried by
the Association. Furthermore, any violation of any of the provisions of this Declaration, of
the Articles, or the Bylaws, by and resident of any Lot, or any guest or invitee of an Owner
or any resident of a Lot, shall also be deemed a violation by the Owner, and shall subject
the Owner to the same liability as if such violation was that of the Owner.
With respect to any tenant or any person present on any Lot or any portion of the
Properties, other than an Owner and the members of his immediate family permanently
residing with him in the Lot, if such person shall materially violate any provision of this
Declaration, the Articles, or be a source of annoyance to the residents of the Properties,
or shall willfully damage or destroy any Common Areas or personal property of the
Association, then upon written notice by the Association, such person shall be required to
immediately leave the Properties and if such person does not do so, the Association is
authorized to commence an action to evict such tenant or compel the person to leave the
Properties and, where necessary, to enjoin such person from returning. The expense of
19
any such action, including attorneys' fees, may be assessed against the applicable
Owner, and the Association may collect such Assessment and have a lien for same as
elsewhere provided. The foregoing shall be in addition to any other remedy of the
Association.
ARTICLE IX
A. Insurance. The Association's Board of Directors, or its duly authorized
agent, shall have the authority to and shall obtain blanket all-risk insurance, if reasonably
available, for all insurable improvements on the Common Areas. If blanket all-risk
coverage is not reasonably available, then at a minimum an insurance policy providing
fire and extended coverage shall be obtained. This insurance shall be in an amount
sufficient to cover one hundred (100%) percent of the replacement cost of any repair or
reconstruction in the event of damage or destruction from any insured hazard.
The Board shall also obtain a public liability policy covering the Common
Areas, the Association and its Members for all damage or injury caused by the
negligence of the Association or any of its Members or agents. The public liability policy
shall have at least a One Million ($1,000,000.00) Dollar single person limit as respects
bodily injury and property damage, a Two Million ($2,000,000.00) Dollar limit per
occurrence, if reasonably available, and a Five Hundred Thousand ($500,000.00) Dollar
minimum property damage limit.
Premiums for all insurance on the Common Areas shall be common
expenses of the Association. The policy may contain a reasonable deductible, and the
amount thereof shall be added to the face amount of the policy in determining whether
the insurance at least equals the full replacement cost. The deductible shall be paid by
the party who would be responsible for the repair in the absence of insurance and in the
event of multiple parties shall be allocated in relation to the amount each parry's loss
bears to the total.
Cost of insurance coverage obtained by the Association for the Common
Areas shall be included in the General Assessment, as provided in Article IV.
All such insurance coverage obtained by the Board of Directors shall be
written in the name of the Association as Trustee for the respective benefitted parties, as
further identified in (b) below. Such insurance shall be governed by the provisions
hereinafter set forth:
(1) All policies shall be written with a company licensed to do business in
Florida which holds a Best's rating of A or better and is assigned a financial size category
20
of XI or larger as established by A. M. Best Company, Inc., if reasonably available, or, if
not available, the most nearly equivalent rating.
(2) All policies on the Common Areas shall be for the benefit of the
Owners and their Mortgagees as their interests may appear.
l
(3) Exclusive authority to adjust losses under policies in force on the
Properties obtained by the Association shall be vested in the Association's Board of
Directors; provided, however, no mortgagee having an interest in such losses may be
prohibited from participating in the settlement negotiations, if any, related thereto.
(4) In no event shall the insurance coverage obtained and maintained by
the Association's Board of Directors hereunder be brought into contribution with insurance
purchased by individual Owners, occupants, or their mortgagees.
(5) All casualty insurance policies shall have an inflation guard
endorsement, if reasonably available, and an agreed amount endorsement with an
annual review by one or more qualified persons, at least one of whom must be in the real
estate industry and familiar with construction in the Palm Beach County, Florida, area.
(6) The Association's Board of Directors shall be required to make every
reasonable effort to secure insurance policies that will provide for the following:
i. a waiver of subrogation by the insurer as to any claims against the
Association's Board of Directors, its manager, the Owners, and their respective tenants,
servants, agents, and guests;
a waiver by the insurer of its rights to repair, and reconstruct,
instead of paying cash;
iii. that no policy may be canceled, invalidated or suspended on
account of any one or more individual Owners;
iv. that no policy may be canceled, invalidated, or suspended on
account of the conduct of any Director, officer, or employee of the Association or its duly
authorized manager without prior demand in writing delivered to the Association to cure
the defect and the allowance of a reasonable time thereafter within which the defect may
be cured by the Association, its manager, any Owner, or mortgagee;
v. that any "other insurance" clause in any policy exclude individual
Owners' policies from consideration; and
vi. that no policy may be canceled or substantially modified without
at least ten (10) days' prior written notice to the Association.
21
(7) The Association's Board of Directors may, in their discretion, obtain
such other types of insurance for the Association as they deem necessary.
In addition to the other insurance required by this section, the Board of
Directors shall obtain, as a common expense, worker's compensation insurance, if and to
the extent necessary, and a fidelity bond or bonds on Directors, officers, employees, and
other persons handling or responsible for the Association's funds. The amount of fidelity
coverage shall be determined in the Directors best business judgment but may not be
less than three (3) months assessments, plus reserves on hand. Bonds shall contain a
waiver of all defenses based upon the exclusion of persons serving without compensation
and may not be canceled or substantially modified without at least ten (10) days' prior
written notice to the Association.
B. Individual Insurance. By virtue of taking title to a Lot subject to the terms of
this Declaration, each Owner covenants and agrees with all other Owners and with the
Association that each Owner shall carry blanket all-risk casualty insurance on the Lot(s)
and structures constructed thereon as provided for in this Article. Each Owner further
covenants and agrees that in the event of a partial loss or damage and destruction
resulting in less than total destruction of structures comprising his Lot, the Owner shall
proceed promptly to repair or to reconstruct the damaged structure in a manner
consistent with the original construction, and the Owner shall pay the costs of any repair
or reconstruction which are not covered by insurance proceeds. In the event that the
structure is totally destroyed, the Owner may decide not to rebuild or to reconstruct, in
which case the Owner shall clear the Lot of all debris and return it to substantially the
natural state in which it existed prior to the beginning of construction and the Owner shall
continue to maintain the Lot in a neat and attractive condition.
C. Disbursement of Prorppds. Proceeds of insurance policies shall be
disbursed as follows:
(1) If the damage or destruction for which the proceeds are paid is to be
repaired or reconstructed, the proceeds, or such portion thereof as may be required for
such purpose, shall be disbursed in payment of such repairs or reconstruction as
hereinafter provided. Any proceeds remaining after defraying such costs of repairs or
reconstruction to the Common Areas or, in the event no repair or reconstruction is made,
after making such settlement as is necessary and appropriate with the affected Owner or
Owners and their mortgagee(s) as their interests may appear, shall be retained by and for
the benefit of the Association and placed in the capital reserves account. This is a
covenant for the benefit of any mortgagee of a Unit and may be enforced by such
mortgagee.
22
(1) Immediately after the damage or destruction by fire or other casual
ty
to all or any part of the Properties covered by insurance written in the name of the
Association, the Board of Directors, or its duly authorized agent, shall proceed with the
filing and adjustment of all claims arising under such insurance and obtain reliable and
detailed estimates of the cost of repair or reconstruction of the damaged or destroyed
Properties. Repair or reconstruction, as used in this paragraph, means repairing or
restoring the Properties to substantially the same condition in which they existed prior to
the fire or other casualty.
(2) Any damage or destruction to the Common Areas shall be repaired
or reconstructed unless at least seventy-five (75%) percent of the total vote of the
Association shall decide within sixty (60) days after the casualty not to repair or
reconstruct. If for any reason either the amount of the insurance proceeds to be paid as a
result of such damage or destruction, or reliable and detailed estimates of the cost of
repair or reconstruction, or both, are not made available to the Association within said
period, then the period shall be extended until such information shall be made available;
provided, however, such extension shall not exceed sixty (60) days. No mortgagee shall
have the right to participate in the determination of whether the Common Areas damage
or destruction shall be repaired or reconstructed.
E. Repair and Reconstruction. If the damage or destruction to the Common
Areas for which the insurance proceeds are paid is to be repaired or reconstructed, and
such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall,
without the necessity of a vote of the Members, levy a special assessment against all
Owners on the same basis as provided for assessments. Additional assessments may
be made in like manner at any time during or following the completion of any repair or
reconstruction.
23
ARTICLE X
1912AM WOMIMU-11c]
A. Sales ActivitT. Notwithstanding any provision herein to the contrary, until
the Developer has completed, sold and conveyed all of the Lots within the Properties,
neither the Owners, nor the Association nor their use of the Common Areas shall interfere
with the completion of the contemplated improvements and the sale of Lots and any other
sales activity of the Developer, whether related to the Properties or other developments of
the Developer. The Developers (or its duly authorized agents or assigns) may make such
use of the unsold Lots and the Common Areas as may facilitate such completion and sale
including, but not limited to, the maintenance of sales offices, construction trailers,
storage areas, model homes, and/or parking lots for the showing of the property, and the
display of signs, billboards, flags, placards and visual promotional materials. The
Developer shall have the right to use unimproved Lots for temporary parking for
prospective purchasers and such other parties as Developer determines. Each Lot and
the Common Area is hereby subjected to an easement for the purposes set forth herein.
B. Replattiug. It may be necessary for the Developer to re -plat a portion of the
Properties. The Developer shall have the right to re -plat unsold portions of the Properties
without requiring the joinder or consent of any Owner or mortgagee holding a mortgage
on any Lot.
C. Utility and Construction Payments and/or Deposits. In the event a utility
company or governmental authority requires a deposit to be made by the Developer, and
such deposit shall be refunded at some time in the future, then the Developer (and not
the Association) shall be entitled to receipt of the refunded funds. In addition, should
construction payments made by the Developer be refunded by a utility company or
governmental authority at some time in the future, then the Developer (and not the
Association) shall be entitled to receipt of the refunded funds or the Association shall
reimburse the Developer for such payments prior to the time that Owners other than the
Developer elect a majority of the members of the Board of Directors of the Association.
D. Assignment of D .v Inner Rigs. The Developer shall have the right to
assign to any other person or entity any or all of the Developer's rights reserved in this
Declaration, in whole or in part, with respect to all or any portion of the Properties. In the
event of an assignment, the assignee shall not be liable for any action of a prior
developer. Acquisition, development or construction lenders acquiring title to the Prop-
erties or any portion thereof by foreclosure or deed in lieu of foreclosure shall have the
right, but not the obligation, to assume the Developer's rights. Such acquisition,
development or construction lender shall have the right to assign the Developer's rights tc
a subsequent purchaser, regardless of whether or not the Developer's rights wer(
assumed by the lender.
24
E. Developer Approval of Board Action. In the event the Developer no longer
controls the Board of Directors but continues to own a portion of the Properties, then the
Developer shall have the right to veto any action taken by the Board if the Developer
determines that such action materially and adversely affects the Developer's interest in
the community. Action of the Board shall be submitted to the Developer within ten (10)
days of adoption of such action. In the event a written veto is not delivered by the
Developer to the Board within ten (10) days of actual receipt of the action, then the action
shall be deemed approved.
ARTICLE XI
The following provisions are for the benefit of holders, insurers, or guarantors of
first mortgages on Lots in the Properties.
A. Notices of Action. An institutional holder, insurer, or guarantor of a first
mortgage, who provides written request to the Association (such request to state the
name and address of such holder, insurer, or guarantor and the unit number), therefore
becoming an "eligible holder"), will be entitled to timely written notice of:
(1) any condemnation loss or any casualty loss which affects a material
portion of the Properties or which affects any Unit on which there is a first mortgage held,
insured, or guaranteed by such eligible holder;
(2) any delinquency in the payment of assessments or charges owed by
an Owner of a Lot subject to the mortgage of such eligible holder, insurer, or guarantor,
where such delinquency has continued for a period of sixty (60) days; provided, however,
notwithstanding this provision, any holder of a first Mortgage, upon request, is entitled to
written notice from the Association of any default in the performance by an Owner of a
Unit of any obligation under the Declaration or Bylaws of the Association which is not
cured within sixty (60) days;
(3) any lapse, cancellation, or material modification of any insurance
policy or fidelity bond maintained by the Association; or
(4) any proposed action which would require the consent of a specified
percentage of eligible holders.
B. No Prior ty. No provision of this Declaration or the By -Laws gives or shall
be construed as giving any Owner or other party priority over any rights of the first
mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or
condemnation awards for losses to or a taking of the Common Area.
25
C. Notice to Association. Upon request, each Owner shall be obligated to
furnish to the Association the name and address of the holder of any mortgage
encumbering such Owner's Lot.
D. Apphrablity of Article Xr Nothing contained in this Article shall be construed
to reduce the percentage vote that must otherwise be obtained under the Declaration, By -
Laws, or Florida law for any of the acts set out in this Article.
E. Failure of Mortgagee to Re -,pond. Any Mortgagee who receives a written
request from the Board to respond to or consent to any action shall be deemed to have
approved such action if the Association does not receive a written response from the
Mortgagee within thirty (30) days of the date of the Association's request.
ARTICLE XII
A. Duration. The covenants and restrictions of this Declaration shall run with
and bind the land, and shall inure to the benefit of and be enforceable by the Developer,
the Association or the Owner of any Lot subject to this Declaration, and their assigns, for
a term of thirty (30) years from the date this Declaration is recorded, after which time said
covenants shall be automatically extended for successive periods of ten (10) years each
unless an instrument signed by the then Owners of two-thirds of the Lots and an
instrument signed by the then Mortgagees of two-thirds of the mortgaged Lots have been
recorded, agreeing to change or terminate said covenants and restrictions in whole or in
part.
B. Notice. Any notice required to be sent to any Owner under the provisions of
this Declaration shall be deemed to have been properly sent when personally delivered or
mailed (postpaid), transmitted by way of telecopy, or sent by overnight courier, to the last
known address of the person who appears as Member or Owner on the records of the
Association at the time of such mailing.
C. Enforcement. Enforcement of these covenants and restrictions shall be by
any proceeding at law or in equity against any person or persons violating or attempting to
violate any covenant or restriction either to restrain violation or to recover damages, and
against the land to enforce any lien created by these covenants and failure by the
Developer, the Association or any Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so thereafter. These
covenants may also be enforced by the Architectural Control Board. The Association is
hereby empowered to adopt reasonable rules and regulations for the imposition of fines
to be levied against any Owner for failure to comply with the terms of this Declaration or
26
rules and regulations of the Association. Any rule or regulation subjecting an
r to
fines shall include provisions for notice, hearing, appeal and fines. Fines shall constitute
an assessment due to the Association and upon failure to pay such fine within the period
prescribed by the Association shall become a charge and continuing lien upon the
Owner's Lot.
D. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in
full force and effect.
E. Amendment. The Developer may amend this Declaration so long as it
owns any portion of the Properties or holds a mortgage on any portion of the Properties.
Thereafter and otherwise, this Declaration may be amended only by the affirmative vote
or written consent, or any combination thereof, of Members representing seventy-five
(75%) percent of the total votes of the Association, including seventy-five (75%) percent
of Members other than the Developer. Every amendment must have the written joinder
and consent of the Developer for so long as the Developer owns any portion of the
Properties. However, the percentage of votes necessary to amend a specific clause shall
not be less than the prescribed percentage of affirmative votes required for action to be
taken under that clause. Any amendment must be recorded in the Public Records of
Palm Beach County, Florida. No amendment may prejudice or impair the priorities of
Institutional Lenders granted hereunder unless all Institutional Lenders join in the
execution of the amendment. No amendment shall make any changes which would in
any way affect any of the rights, privileges, powers or options herein provided in favor of,
or reserved to, Developer, unless Developer joins in the execution of the amendment.
F. Litigation. No judicial or administrative proceeding shall be commenced or
prosecuted by the Association unless approved by a vote of seventy-five (75%) percent of
the Owners. This Section shall not apply, however, to (a) actions brought by the
Association to enforce the provisions of this Declaration (including, without limitation, the
foreclosure of liens), (b) the imposition and collection of assessments, (c) proceedings
involving challenges to ad valorem taxation, or (d) counterclaims brought by the
Association in proceedings instituted against it. This section shall not be amended unless
such amendment is made by the Developer or is approved by the percentage votes, and
pursuant to the same procedures, necessary to institute proceedings as provided above.
27
W
G. Effective Dat _. This Declaration shall become effective upon its recordation
in the Palm Beach County Public Records.
EXECUTED the date first above written.
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF PALM BEACH
SPEAR WILLOW CORP.,
a Florida corporation
IN
SS:
DAVID SPEAR, Vice President
[Corporate Seal]
The foregoing instrument was acknowledged before me, this _ day of
2002, by DAVID SPEAR, as Vice President of SPEAR WILLOW CORP., a. Florida
corporation, on behalf of the corporation.
Notary Public
My Commission Expires:
28
EXHIBIT "A"
TO
DECLARATION OF RESTRICTIONS AND
PROTECTIVE COVENANTS FOR WILLOW GLEN AT TEQUESTA
Property Subject to Declaration
WILLOW GLEN, said lands being a Parcel of land lying in
Section 25, Township 40 South, Range 42 East and being a
Replat of Lots 1 and 2, according to the Plat of RIVER
CREST, as recorded in Plat Book 21, at Page 97, VILLAGE
OF TEQUESTA, Palm Beach County, Florida, being more
particularly described as follows:
Begin at the Northwest corner of the Northwest quarter of said
Section 25; thence North 89o43'58" West (bearing basis)
along the North line of said Northwest quarter, 280.02 feet to
the intersection with the East line of the Plat of JUPITER
RIDGE, as recorded in Plat Book 26, at Page 106, of the
Public Records of Palm Beach County, Florida;
thence South 00°28'07" East along said East line, 552.98 feet
to the POINT OF BEGINNING; thence continue South
00°28'07" East along said East line of said JUPITER RIDGE
and the East line of the Plat of WENDIMERE HEIGHTS, as
recorded in Plat Book 40, at page 3, of the Public Records of
Palm Beach County, Florida,
779.64 feet to the intersection with the South line of said
WENDIMERE HEIGHTS; thence North 89°58'51" West along
said South line, 19.60 feet to the intersection with the East
line of the Plat of WINDSWEPT PINES, as recorded in Plat
Book 61, at Pages 130 through 131, of the Public Records of
Palm Beach County, Florida;
thence South 00°28'07" East along said East line, 401.65 feet
to the intersection with the North line of Lot 3, of the Plat of
RIVER CREST, as recorded in Plat Book 21, at Page 97, of
the Public Records of Palm Beach County, Florida;
thence North 89°42'54" East along said North line of Lot 3,
100.00 feet to the intersection with the East line of said Lot 3;
thence South 00017'06" East along said East line of Lot 3,
29
n
125.00 feet to the intersection with the South line of Lot 2 of
said Plat of RIVER CREST; thence North 89042'54" East
along said South line of said Lot 2 and Lot 1, 200.00 feet to
the intersection with the West line of the Plat of TEQUESTA
PINES, as recorded in Plat Book 34, at Pages 84 through 89,
of the Public Records of Palm Beach County, Florida;
thence North 00o28'07" West along said West line, 524.95
feet to the intersection with the North line of said Plat of
TEQUESTA PINES; thence South 89o57'25" East along said
North line, 420.02 feet to the intersection with the West line of
the Plat of CHAPEL COURT, SECTION II, as recorded in Plat
Book 47, at Pages 196 and 197, of the Public Records of
Palm Beach County, Florida;
thence North 00028'07" West along said West line of
CHAPEL COURT, SECTION II, and its Northerly extension,
779.63 feet; thence North 89o5725" West, 700.03 feet to the
POINT OF BEGINNING.
30
n
EXHIBIT "B"
TO
DECLARATION OF RESTRICTIONS AND
PROTECTIVE COVENANTS FOR WILLOW GLEN AT TEQUESTA
Articles of Incorporation
31
ARTICLES OF INCORPORATION
OF
WILLOW GLEN HOMEOWNERS' ASSOCIATION, INC.
The undersigned subscriber to these Articles of Incorporation hereby forms a
corporation under the laws of the State of Florida.
ARTICLE I. NAME
The name of the corporation is WILLOW GLEN HOMEOWNERS'
ASSOCIATION, INC., a Florida not -for -profit corporation, hereinafter referred to as the
"Corporation" or "Association." The principal place of business and the mailing address
of this Corporation is 3721 S.W. 47th Avenue, Suite #307, Fort Lauderdale, Florida
33314.
ARTICLE II. EXISTENCE
The Association shall have perpetual existence unless dissolved in accordance
with the terms of these Articles of Incorporation.
ARTICLE III. PURPOSES
The Association does not contemplate pecuniary gain or profit to its members.
The specific purposes for which it is formed are to provide for the enforcement of the
Declaration of Covenants and Restrictions for WILLOW GLEN AT TEQUESTA, a private
residential community in the Village of Tequesta, Palm Beach County, Florida (the
"Declaration") and any amendments thereto which subject additional property to the
Declaration, and to provide for the maintenance and preservation of the Common
Properties as that term is defined in the Declaration, and to operate and maintain the
Surface Water or Stormwater Management System in a manner consistent with South
Florida Water Management. The Association shall levy and collect adequate
assessments from members of the Association for the cost of maintenance and operation
of the Surface Water or Stormwater Management System which shall include, but not be
limited to, the retention areas, drainage structures, and drainage easements.
ARTICLE IV. MEMBERSHIP
Every person or entity who is a record owner of a fee interest in any Lot, as that
term is defined in the Declaration, which is subject to assessment by the Association,
shall automatically be a member of the Association upon the recordation in the Public
Records of Palm Beach County, Florida, of the deed or other instrument establishing the
acquisition and designating the Lot affected thereby. The foregoing is not intended to
include persons or entities who hold an interest merely as security for the performance of
obligation. Membership shall be appurtenant to and may not be separated from
ownership of any Lot which is subject to assessment by the Association. Such
membership shall automatically terminate when such person or entity is not longer the
record Owner of a Lot.
ARTICLE V. REGISTERED OFFICE AND AGENT
The street address of the initial registered office of the corporation shall be 10081
Pines Boulevard, Suite C, Pembroke Pines, Florida 33024, and the name of the
registered agent of the corporation at the aforestated address is Arnold M. Straus, Jr.,
Esq..
ARTICLE VI. INCORPORATOR
The name and address of the Incorporator to these Articles of Incorporation is:
NAME ADDRESS
Arnold M. Straus, Jr. 10081 Pines Boulevard, Suite C
Pembroke Pines, Florida 33024
ARTICLE VII. BOARD OF DIRECTORS
The names and addresses of the persons who constitute the Board of Directors,
until the selection and qualifications of their successors, are:
Jeffery Spear 3721 S.W. 47th Avenue, Suite #307
Fort Lauderdale, Florida 33314
David A. Spear 3721 S.W. 47th Avenue, Suite #307
Fort Lauderdale, Florida 33314
The Directors of the Corporation shall be elected as provided in the Bylaws.
ARTICLE VII. DISSOLUTION
The Association may be dissolved no sooner than thirty (30) years from the date of
incorporation with the assent given in writing and signed by not less than three fourths
(3/4) of the votes of the members. Upon dissolution of the Association, other than
RAI
incident to a merger or consolidation, the assets of the Association shall be granted,
conveyed and assigned to any corporation not -for -profit, association, trust, public agency
or other organization provided that it is to be used for purposes similar to those for which
this Association was created, and the Association shall be dissolved in accordance with
law. Additionally, in the event of termination, dissolution or final liquidation of the
Association, the responsibility for the operation and maintenance of the Surface Water
and Stormwater Management System must be transferred to and accepted by an entity
which will comply with Section 40C-42.027 F.A.C. and which must be approved by the
South Florida Water Management District prior to such termination, dissolution, or
liquidation.
ARTICLE IX. AMENDMENTS
Amendments to these Articles of Incorporation shall require the approval of a
minimum of two thirds (2/3) of the entire membership and shall be effective when a copy
thereof has been filed with the Secretary of State of Florid and all filing fees have been
paid. These Articles may not be amended in any manner which shall amend, modify or
affect any terms and conditions, rights or obligations set forth in the Declaration.
Amendments to the Articles of Incorporation shall be made in the following
manner:
A. The Board of Directors shall adopt a resolution setting forth the
proposed amendment, and, if members have been admitted to the Association, direct that
it be submitted to a vote at a meeting of members, which may be either the annual or a
special meeting. If no members have been admitted, the amendment shall be adopted
by a vote of the majority of the Board of Directors and the provisions for adoption by
members shall not apply.
B. Written notice setting forth the proposed amendment or a summary
of the changes to be effected thereby shall be given to each member of record entitled to
vote thereon. If the meeting is an annual meeting, the proposed amendment or such
summary may be included in the notice of such annual meeting.
C. At such meeting, a vote of the members entitled to vote thereon shall
be taken on the proposed amendment. The proposed amendment shall be adopted upon
an affirmative vote of two-thirds (2/3) of the votes of all members entitled to vote thereon.
The Articles of Amendment shall be executed by the corporation by its president
and vice president and by its secretary or an assistant secretary and acknowledged by
one of the officers signing such amendment and shall set forth:
3
ARTICLE IX. HUD AND VA APPROVAL
For so long as there is a Class B membership, as that term is defined in the
Declaration, the following actions will require the approval of the Department of Housing
and Urban Development or the Veterans Administration if any mortgage encumbering a
Lot is guaranteed or insured by either such agency: (a) annexation of additional
properties; (b) mergers and consolidations; (c) mortgaging or dedications of Common
Area and (d) dissolution or amendment of these Articles. Such approval, however, shall
not be required where the amendment is made to correct errors, omissions or conflicts or
is required by any institutional lender so that such lender will make, insure or guarantee
mortgage loans encumbering the Lots, or is required by any governmental authority.
Such approval shall be deemed given if either agency fails to deliver written notice of its
disapproval of any amendment to Declarant or to the Association within twenty (20) days
after a request for such approval is delivered to the agency by certified mail, return receipt
requested, or equivalent delivery.
IN WITNESS WHEREOF, for the purposes of forming this corporation under the
Laws of the State of Florida, I, the undersigned, constituting the subscriber and
incorporator of this Association, have executed these Articles of Incorporation for
WILLOW GLEN HOMEOWNERS' ASSOCIATION, INC. on this day of March,
2002.
ARNOLD M. STRAUS, JR., ESQ.
STATE OF FLORIDA )
SS:
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of March,
2002, by Arnold M. Straus, Jr., who is personally known to me.
NOTARY PUBLIC, State of Florida
My Commission Expires:
n
n
CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE
FOR THE SERVICE OF PROCESS WITHIN THIS STATE,
NAMING AGENT UPON WHOM PROCESS MAY BE SERVED
In pursuance of Chapter 48.091, Florida Statutes, the following is submitted, in
compliance with said Act:
That WILLOW GLEN HOMEOWNERS' ASSOCIATION, INC. desiring to organize
or qualify under the laws of the State of Florida with its principal office, as indicated in the
Articles of Incorporation at 3721 S.W. 47th Avenue, Suite #307, Fort Lauderdale, Florida
33314, has named Arnold M. Straus, Jr., Esq., located at 10081 Pines Boulevard, Suite
C, Pembroke Pines, Florida 33024, County of Broward, State of Florida, as its agent to
accept service of process within this State.
ACKNOWLEDGMENT
Having been named to accept service of process for the above stated corporation
at place designated in this certificate, I hereby accept to act in this capacity, and I further
agree to comply with the provision of said Act relative to keeping open said office.
5
ARNOLD M. STRAUS, JR.
RESIDENT AGENT
EXHIBIT "C"
TO
DECLARATION OF RESTRICTIONS AND
PROTECTIVE COVENANTS FOR WILLOW GLEN AT TEQUESTA
Bylaws
32
BYLAWS OF WILLOW GLEN
HOMEOWNERS' ASSOCIATION INC.
ARTICLE I — IDENTITY
Section 1. Name. The following Bylaws shall govern the operation of the
WILLOW GLEN HOMEOWNERS' ASSOCIATION, INC. (the "Association").
Section 2. Principal Office. The principal office of the Association shall be
3721 S.W. 47th Avenue, Suite #307, Fort Lauderdale, Florida 33314, but the
Association may maintain offices, transact business and hold meetings of members and
Directors at such places within the State of Florida as may be designated by the Board
of Directors.
Section 3. Seal. The seal of the Association shall be in circular form bearing
within its circumference the name of the Association, the words "a Florida corporation
not -for -profit", and the year of incorporation.
Section 4. Definitions. All references to "Declaration", as used herein, shall
mean the Declaration of Covenants and Restrictions for WILLOW GLEN AT
TEQUESTA recorded or to be recorded in the Public Records of Palm Beach County,
Florida. All other words and phrases, as used herein, shall have the same definitions as
attributed to them in the Declaration.
ARTICLE II — MEMBERSHIP OF VOTING PROVISIONS
Section 1. Membership. Membership in the Association shall be limited to
Owners of the Lots. Transfer of Lot ownership, either voluntarily or by operation of law,
shall terminate membership in the Association, and said membership is to become
automatically vested in the transferee upon the recordation in the Public Records of
Palm Beach County, Florida, of the deed or other instrument establishing the acquisition
and designating the Lot affected thereby. If Lot ownership is vested in more than one
(1) person, then all of the persons so owning said Lot shall be members eligible to hold
office, attend meetings, etc., but, the vote of a Lot shall be cast by the "voting member."
If Lot ownership is vested in a corporation or other legal entity, said corporation or other
legal entity may designate an individual officer, employee or other representative of the
corporation or other legal entity as its "voting member."
Section 2. Voting.
A. The Owner(s) of each Lot shall be entitled to one (1) vote for each
Lot. If an Owner owns more than one (1) Lot, the Owner shall be entitled to one vote for
each Lot owned. The vote of a Lot is not divisible.
B. A majority of the voting members' total votes cast shall decide any
question, unless specific provisions in the Declaration, Articles of Incorporation or these
Bylaws provide otherwise, in which event, the voting percentage required in the said
Declaration, Bylaws or Articles of Incorporation shall control.
Section 3. Quorum. Unless otherwise provided by these Bylaws, the
Declaration or the Articles of Incorporation, the presence in person or by either general
or limited proxy of thirty percent (30%) of the total votes held by voting members shall
constitute a quorum. The joinder of a member in the action of a meeting by signing and
concurring in the minutes thereof shall constitute the presence of such members for the
purpose of determining a quorum.
Section 4. Proxies. Votes may be cast in person or by limited proxy only. No
votes may be cast by general proxy except to establish a quorum at a meeting of the
members. All proxies shall be in writing and signed by the person entitled to vote and
shall be filed with the Secretary of the Association not less than three (3) days prior to
the meeting in which they are to be used and shall be valid only for the particular
meeting designated therein, and any lawfully adjourned meetings thereof, the date for
which shall not exceed ninety (90) days from the date of the meeting for which they
were given. When a Lot is owned jointly by a husband and wife, and if they have not
designated one (1) of them as a voting member, a proxy must be signed by both
husband and wife when a third person is designated.
Section 5. Designation of Voting Member. If Lot is owned by one (1) person,
the right to vote shall be established by the recorded deed or other instrument
establishing title to the Lot. If a Lot is owned by more than one (1) person, the person
entitled to cast the vote for the Lot shall be designated in a Certificate, signed by all of
the record owners of the Lot and filed with the Secretary of the Association. If a Lot is
owned by a corporation, or other legal entity, the officer, employee or other
representative thereof entitled to cast the vote of the corporation or other legal entity
shall be designated by a Certificate for this purpose signed by the President, Vice
President, or other authorized signatory and filed with the Secretary of the Association.
The person designated in such Certificate who is entitled to cast the vote for a Lot shall
be known as the "voting member." If such a Certificate is not on file with the Secretary
of the Association for a Lot owned by more than one (1) person, by a corporation or
other legal entity, the vote of the Lot concerned shall not be considered in determining
the requirement for a quorum, or for any purpose requiring the approval of a person
entitled to cast the vote for the Lot, unless the Lot is owned by a husband and wife.
Such Certificates shall be valid until revoked, superseded by a subsequent Certificate,
or a change in the ownership of the Lot takes place.
If a Lot is owned jointly by a husband and wife, the following three (3) provisions
are applicable thereto:
member. A. They may, but they shall not be required to, designate a voting
B. If they do not designate a voting member, and if both are present at
a meeting and are unable to concur in their decision upon any subject requiring the
vote, they shall lose their right to vote on that subject at that meeting.
C. When they do not designate a voting member and only one (1) is
present at a meeting, the person present may cast the Lot vote just as though he or she
owned the Lot individually and without establishing the concurrence of the absent
person.
No cumulative voting is permitted.
ARTICLE III — MEETING OF THE MEMBERSHIP
Section 1. Who May Attend. All Owners of Lots may attend any meeting of the
members. In the event any Lot is owned by a corporation, any Director or officer of the
corporation may attend any meeting of the members; any partner of a partnership
owned Lot may attend any meeting of the members, however, the vote for any Lot shall
be cast in accordance with the provisions of these Bylaws. All members may attend
meetings notwithstanding that a proxy for said member's vote has been given to a third
party.
Section 2. Notices. It shall be the duty of the Secretary to mail or deliver a
notice of each annual or special meeting, stating the time and place thereof to each Lot
Owner of record. All notices shall be mailed to or served at the address of the Lot
Owner as it appears on the books of the Association as hereinafter set forth. Notices of
annual meetings shall be furnished to each member, and, except in the event of an
emergency, notices of special meetings shall be furnished to each member at least ten
(10) days prior to such meeting. Notice of a special meeting may be waived either
before or after the meeting, in writing.
Section 3. Annual Meeting. The annual meeting for the purposes of electing
Directors and transaction any other business authorized to be transacted by the
members shall be held once in each calendar year at such time and on such date in
each calendar year as the Board of Directors shall determine. At the annual meeting,
the members shall elect by plurality vote a Board of Directors and shall transact such
other business as may properly be brought before the meeting.
Section 4. Special Meeting. Special meetings of the members for any purpose
or purposes, unless otherwise prescribed by statute, may be called by the President,
and shall be called by the President or Secretary at the request, in writing, of a majority
of the Board of Directors, or at the request, in writing, of the voting members
representing twenty-five percent (25%) of the members, and shall state the purpose or
purposes of the proposed meeting. Business transacted at all special meetings shall be
confined to the matters stated in the notice thereof.
Section 5. Waiver and Consent. Whenever the vote of members at a meeting
is required or permitted by any provision of these Bylaws to be taken in connection with
any action of the Association, the meeting and vote of members may be dispensed with
if not less than two-thirds (2/3) of the total votes of the members who would have been
entitled to vote upon the action if such meeting were held shall consent in writing to
such action being taken; however, notice of such action shall be given to all members
unless all members approve such action.
Section 6. Adjourned Meeting. If any meeting of members cannot be
organized because a quorum of the total votes held by members is not present, either in
person or by proxy, the meeting may be adjourned from time to time until a quorum is
present.
ARTICLE IV — DIRECTORS
Section 1. Number. The affairs of this Association shall be managed by the
Board of Directors who shall be members of the Association, except that Directors
elected or appointed by the Developer need not be members of the Association.
Section 2. Term of Office. At the first annual meeting held by the Association,
and at subsequent annual meetings thereafter, the members shall elect, in person or by
written ballot delivered at the meeting, a minimum of two (2) Directors who shall each
serve for a term of one (1) year, unless he/she shall earlier resign, or shall be removed,
or otherwise be disqualified to serve.
Section 3. First Board of Directors.
A. The initial Board of Directors of the Association who shall hold
office and serve until the first annual meeting of members, and until their successors
have been elected and qualified, shall be:
David A. Spear
Jeffrey Spear
B. The meeting of a newly elected Board of Directors of the
Association shall be held within thirty (30) days after their election at such place and
time as shall be fixed by the Directors at the meeting at which they were elected, and no
further notice of the meeting shall be necessary, provided a quorum shall be present.
Section 4. Appointment of Directors by Developer.
A. As provided in the Declaration, until the Class B membership
ceases to exist, the Developer shall have the right to appoint all of the Directors of the
Association. Thereafter, the Developer shall have the right to appoint one (1) Director
for so long as the Developer owns any Lot in Willow Glen. The Developer may waive its
right to appoint one or more Directors by written notice to the Association, and
thereafter Directors shall be elected by the members.
B. While the Developer is entitled to representation on the Board,
whether the Developer exercises that right or not, the Board shall have no authority to,
and shall not, without the consent of the Developer which shall be exercised by its
appointee on the Board or other person designated to so act by the Developer, and
which may be withheld at Developer's sole discretion, undertake any action which shall:
1. prohibit or restrict in any manner the sales and marketing
program of the Developer;
2. make any special or individual assessment against or
impose any fine upon the Developer's property or the Developer;
3. authorize or undertake any litigation against the Developer;
4. alter or amend the Declaration, any subsequent amendment
thereto, the Articles or Bylaws;
5. restrict the Developer's right to use of, access to and
enjoyment of any of the Common Property.
C. Notwithstanding anything contained herein to the contrary, the
Developer shall have the right to appoint the maximum number of Directors in
accordance with the privileges granted to the Developer in the Declaration. All Directors
appointed by the Developer shall serve at the pleasure of the Developer, and the
Developer shall have the absolute right at any time and in its sole discretion to remove
any Director appointed by it and to replace such Director with another person to serve
on the Board. Replacement of any Director appointed by the Developer shall be made
by written instrument delivered to any officer or any other Director, which instrument
shall specify the name of the person designated as successor Director. The removal of
a Director and the designation of successor by the Developer shall become effective
/�** immediately upon delivery of such written instrument by the Developer.
Section 5. Removal. Any Director may be removed from the Board, with or
without cause, by a majority vote of the total votes held by members of the Association.
Section 6. Vacancies. If the office of any Director of Directors becomes vacant
by reason of death, resignation, retirement, disqualification, removal from office or
otherwise, a majority of the remaining Directors, though less than a quorum, shall
choose a successor or successors who shall hold office for the balance of the unexpired
term in respect to which such vacancy occurred. The appointment held for the purpose
of filling said vacancy may be held at any regular or special meeting of the Board of
Directors. If the Association fails to fill vacancies on the Board of Directors, which are
sufficient to constitute a quorum in accordance with the Bylaws, any Owner may apply
to the circuit court that has jurisdiction over the community served by the Association for
the appointment of a receiver to manage the affairs of the Association. At least 30 days
before applying to the circuit court, the Owner shall mail to the Association and post, in
a conspicuous place on the property of the community served by the Association, a
notice describing the intended action, giving the Association the opportunity to fill the
vacancies. If during such time the Association fails to fill the vacancies, the Owner may
proceed with the petition. If a receiver is appointed, the Association shall be
responsible for the salary of the receiver, court costs, and attorney's fees. The receiver
shall have all powers and duties of a duly constituted Board of Directors and shall serve
until the Association fills vacancies on the Board sufficient to constitute a quorum.
Section 7. Disqualification and Resignation. Any Director may resign at any
time by sending a written notice of such resignation to the office of the Association,
delivered to the Secretary. Unless otherwise specified therein, such resignation shall
take effect upon receipt thereof by the Secretary. Commencing with the first meeting of
the newly elected Board of Directors following the first annual meeting of the members
of the Association, more than three (3) consecutive absences from regular meetings of
the Board of Directors, unless excused by resolution of the Board of Directors, shall
automatically constitute a resignation effective when such resignation is accepted by the
Board of Directors. Commencing with the Directors elected at such first annual meeting
of the membership, the transfer of title to that Director's Lot shall automatically
constitute a resignation, effective upon the recordation in the Public Records of Broward
County, Florida, of the deed or other instrument establishing the transfer. No member
shall continue to serve on the Board should he/she be more than thirty (30) days
delinquent in the payment of an assessment, and said delinquency shall automatically
constitute a resignation, effective when such resignation is accepted by the Board of
Directors.
Section 8. Compensation. No Director shall receive compensation for any
service rendered to the Association; however, any Director may be reimbursed for the
actual expenses incurred in the performance of his/her duties.
Section 9. Notice of Board of Directors' Meetings. Notices of all meetings of
the Board of Directors shall be posted in a conspicuous place on the Association
property at least 48 hours in advance, except in an emergency. Notice of any meeting
in which assessments against parcels are to be established shall specifically contain a
statement that assessments shall be considered and a statement of the nature of such
assessment. Should said meeting fall upon a legal holiday, then that meeting shall be
held at the same time on the next day which is not a legal holiday.
Section 10. Regular Meetings. Regular meetings of the Board of Directors
shall be held at such place and hour as may be fixed from time to time by resolution of
the Board and shall be open to all members of the Association.
Section 11. Special Meetings. Special meetings of the Board of Directors shall
be held when called by the President and, in his/her absence, by the Vice President of
the Association, or by any two (2) directors, after not less than three (3) days notice in
writing to each director of the time and place of said meeting, except in the event of an
emergency. All notices of special meetings shall state the purpose of the meeting.
Section 12. Directors' Waiver of Notice. Before or at any meeting of the
Board of Directors, any Director may waive notice of such meeting and such waiver
shall be deemed equivalent to the giving of notice. Attendance by a Director at any
meeting of the Board shall be a waiver or notice of the time and place thereof. If all the
Directors are present at any meeting of the Board, no notice to members of the Board
shall be required and any business may be transacted at such meeting.
Section 13. Quorum. At all meetings of the Board of Directors, a majority of the
Directors shall constitute a quorum for the transaction of business, and the acts of the
majority of the Directors shall constitute a quorum for the transaction of business, and
the acts of the majority of the Directors present at such meetings at which a quorum is
present shall be the acts of the Board of Directors. If at any meeting of the Board of
Directors, there be less than a quorum present, the majority of those present may
adjourn the meeting from time to time until a quorum shall be present. At each such
adjourned meeting, any business which might have been transacted at the meeting, as
originally called, may be transacted without further notice to the Board. The joinder of a
Director in the action of a meeting by signing and concurring in the minutes thereof shall
constitute the presence of such Director for the purpose of determining a quorum.
Section 14. Nomination. Nomination for election to the Board of Directors shall
be made by a Nominating Committee. Nominating may also be made from the floor at
the annual meeting. The Nominating Committee shall constitute of a Chairman, who
shall be a member of the Board of Directors, and two (2) or more members of the
Association. The Nominating Committee shall be appointed by the Board of Directors
prior to each annual meeting of the members, to serve from the close of such annual
meeting until the close of the next annual meeting and such appointment shall be
announced at each annual meeting. The Nomination Committee shall make as many
nominations for election to the Board of Directors as it shall in its discretion determine,
but not less than the number of vacancies that are to be filled.
Section 15. Election. Election to the Board of Directors shall be by secret
written ballot. At such election, the members may cast their ballots, for each vacancy,
using as many votes as they are entitled to cast. The persons receiving the largest
number of votes shall be elected.
Section 16. Powers. The Board of Directors of the Association shall have the
powers necessary for the administration of the affairs of the Association. The powers
shall specifically include, but shall not be limited to, the following:
A. To suspend the voting rights of a member during any period in
which such member shall be in default in the payment of any assessment for more than
thirty (30) days after notice.
B. To exercise for the Association all powers, duties and authority
vested in or delegated to this Association and not reserved to the membership by other
provisions of these Bylaws, the Articles of Incorporation, or the Declaration.
C. To declare the office of member of the Board of Directors to be
vacant in the event such member shall be absent from three (3) consecutive regular
meetings of the Board of Directors.
D. To employ a manager, an independent contractor, or such other
employees as they deem necessary, and to prescribe their duties.
E. To further improve the Common Property, both real and personal
property, subject to the provisions of these Bylaws, the Articles of Incorporation, or the
Declaration.
F. To further designate one (1) or more committees which, to the
extent provided in the resolution designating said committee, shall have the powers of
the Board of Directors in the management, affairs and business of the Association. The
committee or committees shall have such name or names as may be determined from
time to time by the Board of Directors, and said committee(s) shall keep regular Minutes
of their proceedings and report the same to the Board of Directors. The foregoing
powers shall be exercised by the Board of Directors or its designee or employees,
subject only to approval by Lot Owners when such is specifically required.
G. To exercise all of the powers and privileges and to perform all of
the duties and obligations of the Association as set forth in the Declaration. The
Declaration is incorporated by this reference as if more fully set forth herein.
H. To fix, levy, collect and enforce payment by any lawful means of all
charges or assessments pursuant to the terms of the Declaration, and to pay all
expenses in connection therewith and all office and other expenses incident to the
conduct of the business of the Association, including all licenses, taxes or governmental
charges levied or imposed against the Property or the Association.
I. With the assent of two-thirds (2/3) of the votes of each class of
members who are voting in person or by proxy, at a duly called meeting at which a
quorum is present, acquire (by gift, purchase or otherwise), improve, build upon,
convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real
property in connection with the affairs of the Association.
J. To own, hold, operate and maintain the real and personal property
of the Association.
K. With the assent of two-thirds (2/3) of the votes of each class of
members who are voting in person or by proxy, at a duly called meeting at which a
quorum is present, borrow money, mortgage, pledge, deed in trust, or hypothecate any
or all of its real or personal property as security for money borrowed or debts incurred;
provided, however, that the Association shall not need the approval of the members to
borrow any amount less than $25,000.00 or to secure said loan with property of the
Association.
L. To participate in mergers and conditions with other corporations not
for profit organized for the same purposes so long as any such merger or consolidation
does not broaden the duties and obligations of the Association required by the terms of
the Declaration and provided that any such merger, consolidation or annexation shall
have the assent of two-thirds (2/3) of the members.
M. To have and to exercise all of the common law and statutory
powers, rights and privileges which a corporation organized under the Corporation Not
For Profit Law of the State of Florida may now or hereafter have or exercise, which are
not in conflict with the terms of these Articles, the Declaration and the Bylaws.
Section 17. Duties. The Board of Directors shall have the following duties:
A. To cause to be kept a complete record of all of the Association's
acts and corporate affairs and to present a statement thereof to the members at the
annual meeting of the members, or at any special meeting when such statement is
requested in writing by one-fourth (1/4) of the Class A members who are entitled to
vote. The records required to be kept shall include the following:
1. A copy of the plans, permits, warranties, and other items
provided by the Developer.
2. A copy of the Bylaws of the Association and of each
amendment to the bylaws.
3. A certified copy of the Articles of Incorporation of the
Association, or other documents creating the Association, and of each amendment
thereto.
4. A copy of the current rules of the Association.
5. A book or books that contain the minutes of all meetings of
the Association, of the board of directors, and of members, which minutes shall be
retained for a period of not less than seven (7) years.
6. A current roster of all members and their mailing addresses,
parcel identifications, and, if known, telephone numbers.
thereof. 7. All current insurance policies of the Association or a copy
8. A current copy of any management agreement, lease, or
other contract to which the Association is a party or under which the Association or the
parcel owners have an obligation or responsibility.
9. Accounting records of the Association and separate
accounting records for each parcel, according to generally accepted accounting
principles. All accounting records shall be maintained for a period of not less than
seven (7) years. The accounting records shall be open to inspection by parcel owners
or their authorized representatives at reasonable times. The failure of the Association
to permit inspection of its accounting records by parcel owners or the authorized
representatives entitles any person prevailing in an enforcement action to recover
reasonable attorney's fees from the person in control of the books and records who,
directly or indirectly, knowingly denied access to the books and records for inspections.
The accounting records shall include, but are not limited to:
receipts and expenditures. i. Accurate, itemized, and detailed records of all
ii. A current account and a periodic statement of the
account for each member of the Association, designating the name of the member, the
due date and amount of each assessment, the amount paid upon the account, and the
balance due.
All audits,
financial reports of the Association.
reviews, accounting statements, and
iv. All contracts for work to be performed. Bids for work
to be performed shall also be considered official records and shall be maintained for a
period of one (1) year.
B. To supervise all officers, agents and employees of the Association, and to
see that their duties are properly performed;
C. As more fully provided in the Declaration, to:
fix the amount of the annual general assessment;
2. send written notice of each assessment to every Owner subject
thereto at least thirty (3) days in advance of each annual assessment period; and
3. file and foreclose the lien against any property for which
assessments are not paid within thirty (30) days after due date or to bring an action at
law against the Owner.
D. To issue, or to cause an appropriate officer to issue, upon demand by any
person, a certificate setting forth whether or not any assessment has been paid. A
reasonable charge may be made by the Board for the issuance of these certificates. If
a certificate states an assessment has been paid, such certificate shall be conclusive
evidence of such payment;
E. To cause all officers or employees having fiscal responsibilities to be
bonded, as it may deem appropriate, for which the Association shall bear the cost;
F. To procure and maintain adequate liability and hazard insurance or other
insurance as needed on property to be owned or maintained by the Association; and
G. To cause the Common Property to be maintained. The Association shall
not be responsible for the maintenance of any property not designated as Common
Property in the Declaration.
ARTICLE V — OFFICERS
Section 1. Enumeration of Officers. The officers of the Association shall be a
President and Vice President, who shall at all times be members of the Board of
Directors, and a Secretary, a Treasurer, and such other officers as the Board may from
time to time by resolution create, who shall be from among the members, except that
officers elected or appointed by the Developer need not be members of the Association.
Section 2. Election. The election of officers shall take place at the first meeting
of the Board of Directors following each annual meeting of the members.
Section 3. Term. The officers of the Association shall be elected annually by
the Board and each shall hold office for one (1) year unless he/she shall earlier resign,
or shall be removed, or otherwise be disqualified to serve.
Section 4. Special Appointments. The Board may elect such other officers as
the affairs of the Association may require, each of whom shall hold office for such
period, have such authority, and perform such duties as the Board may, from time to
time, determine.
Section S. Resignation and Removal. Any officer may be removed from
office with or without cause by the Board. Any officer may resign at any time, by giving
written notice to the Board, the President, or the Secretary. Such resignation shall take
effect on the date of receipt of such notice or at any later time specified therein. The
acceptance of such resignation shall not be necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be filled by appointment by
the Board. The officer appointed to such vacancy shall serve for the remainder of the
term of the officer he/she replaces.
Section 7. Multiple Offices. The offices of Secretary and Treasurer may be
held by the same person. No other person shall simultaneously hold more than one (1)
of any of the other offices except in the case of special offices created by the Board of
Directors.
Section 8. Duties. The duties of the officers are as follows:
A. President. The President shall be the chief executive officer of the
Association; shall preside at all meetings of the members and of the Board of Directors;
shall have executive powers and general supervision over the affairs of the Association
and other officers; shall sign all written contracts to perform all of the duties incident to
the office of President and which may be required by the Board of Directors.
B. Vice President. The Vice President shall act in the place and
stead of the President in the event of his/her absence, inability or refusal to act, and
shall exercise and discharge such other duties as may be required by the Board.
C. Secretary. The Secretary shall record the votes and keep the
minutes of all meetings and proceedings of the Board and of the members; keep the
corporate seal of the Association and affix it on all papers requiring said seal; serve
notice of meetings of the Board and of the members; keep appropriate current records
showing the members of the Association together with their addresses; shall have
charge of all of the Association's books, records and papers, except those kept by the
Treasurer, and shall perform such other duties as required by the Board.
D. Treasurer. The Treasurer shall receive and deposit in appropriate
bank accounts all funds of the Association and shall disburse such funds as directed by
resolution of the Board of Directors; shall sign all checks and promissory notes of the
Association; shall keep proper books of account, shall cause an annual review of the
Association's books to be made by a certified public accountant at the completion of
each taxable year; shall prepare an annual budget and a statement of income and
expenditures to be presented to the members at the regular annual meeting, and deliver
a copy of each to the members; and shall collect the assessments and promptly report
to the Board of Directors the status of collections and of all delinquencies.
ARTICLE VI — BOOKS AND RECORDS OF MEMBER
Section 1. Owner Register. The Association shall maintain a register of the
name and mailing address of all Owners. In the event that the address of an Owner is
different from the property address and the Association has not been provided with the
different address, the property address shall be deemed to be same, and any notice
sent to the said property address shall comply with the requirements of these Bylaws,
the Declaration, and the Articles of Incorporation. If a Lot is owned by more than one
(1) person, they shall provide the Association with one (1) mailing address for said Lot,
and, in the event same is not provided to the Association, it shall be deemed to be the
property address. Any change of address shall be effective only as to future notices,
and shall not affect any notices previously provided to the members, even in the event
that the meeting or other occurrence in the said notice has not occurred as of the time
of giving of said address change.
Section 2. Inspection by Members. The books, records and papers of the
Association shall, during reasonable business hours, be subject to inspection by any
member. The Declaration, the Articles of Incorporation, and the Bylaws of the
Association shall be available for inspection by any member at the principal office of the
Association.
ARTICLE VII — FINANCES AND ASSESSMENTS
Section 1. Depositions. The funds of the Association shall be deposited in
such banks and depositories as may be determined by the Board of Directors from time
to time upon resolutions approved by the Board, and shall be withdrawn only upon
checks and demands for money signed by such officer or officers of the Association as
may be designated by the Board of Directors. Obligations of the Association shall be
signed by at least two (2) officers of the Association.
Section 2. Fidelity Bonds. The Treasurer and all officers who are authorized to
sign checks, and all officers and employees of the Association, and any contractor
handling or responsible for Association funds, shall be bonded in such amount as may
be determined by the Board of Directors. The premium on such bonds shall be paid by
the Association. The bond shall be in an amount sufficient to equal the monies an
individual handles or has control of via a signatory or a bank account or other depository
account.
Section 3. Taxable Year. The taxable year of the Association shall begin on
the first day of January and end on the 31 st day of December of every year, except that
the first taxable year shall begin on the date of incorporation.
Section 4. Determination of Assessments.
A. The Board of Directors of the Association shall fix and determine
from time to time the sum or sums necessary and adequate to pay for the expenses of
the Association. Association expenses shall include those expenses set forth in the
Declaration, including the costs of carrying out the powers and duties of the Association,
and such other expenses as are determined by the Board. The Board is specifically
empowered, on behalf of the Association, to make and collect assessments and to
maintain and repair areas as provided in the Declaration. Funds for the payment of
Association expenses shall be assessed against the Lot Owners on an equal basis as
provided in the Declaration. Said assessments shall be payable in advance as
determined by the Board of Directors, and shall be due when ordered by the Board.
Special assessments, should such be required by the Board of Directors, shall be levied
in the same manner as hereinbefore provided for regular assessments and shall be
payable in the manner determined by the Board.
B. When the Board of Directors has determined the amount of any
assessment, the Treasurer of the Association shall mail or present to each Owner a
en), statement of said Owner's assessment. All assessments shall mail or present to each
Owner a statement of said Owner's assessment. All assessments shall be payable to
the Treasurer of the Association, and upon request said Treasurer shall give a receipt
for each payment made to him.
C. The Board of Directors shall adopt the operating budget for each
fiscal year pursuant to Article V of the Declaration.
Section S. Application of Payments and Commingling of Funds. All sums
collected by the Association from assessments may be commingled in a single fund or
divided into more than one (1) fund as determined by the Board of Directors. All
assessment payments by an Owner shall be applied as to interest, delinquencies, costs
and attorneys' fees, other charges, expenses and advances, as provided herein and in
the Declaration, and general or special assessments in such manner and amounts as
the Board of Directors determines, in its sole discretion.
Section 6. Acceleration of Assessment Installments Upon Default. If an
Owner shall be in default in the payment of an installation upon any assessment, the
Board of Directors may accelerate the remaining monthly installments for the fiscal year
upon notice thereof to the Owner and, thereupon, the unpaid balance of the assessment
shall become due upon the date stated in the notice, but not less than ten (10) days
after delivery of or mailing of such notice to the Owner.
ARTICLE VIII — AMENDMENTS
Section 1. Amendments. These Bylaws may be amended, at a regular or
special meeting of the members, by a vote of sixty seven percent (67%) of the total
votes held by members who are present in person or by proxy at such meeting.
Section 2. Conflicts. In the case of any conflict between the Articles of
Incorporation and these Bylaws, the Articles shall prevail. If any unreconciled should
exist or hereafter arise with respect to the interpretation of these Bylaws, as between
these Bylaws and the Declaration, the Declaration shall prevail. No amendment of
these Bylaws shall change the rights and privileges of the Developer without the
Developer's prior written approval.
ARTICLE IX — INDEMNIFICATION
Section 1. Indemnification. The Association shall indemnify any Director or
officer made a party or threatened to be made a party to any threatened, pending, or
completed action, suit or proceeding, whether civil, criminal, administrative, or
investigative, brought to impose a liability or penalty on such person for an act alleged
to have been committed by such person in his/her capacity as Director or officer of the
Association, or in his/her capacity as Director, officer, employee or agent of any other
corporation, partnership, joint venture, trust or other enterprise which he/she serves at
the request of the Association, against judgments, fines, amounts paid in settlement,
and reasonable expenses, including attorneys' fees, actually and necessarily incurred
as a result of such action, suit, or proceeding of any appeal thereof, if such person
acted in good faith in the reasonable belief that such action was in the best interests of
the Association, and in criminal actions or proceedings, without reasonable grounds for
belief that such action was unlawful. The termination of any such action, suit, or
proceeding by judgment, order, settlement, conviction, or upon a plea of nolo
contendere or its equivalent shall not in itself create a presumption that any such
Director of officer did not act in good faith in the reasonable belief that such action was
in the best interests of the Association or that he/she had reasonable belief that such
action was in the best interests of the Association or that he/she had reasonable
grounds for belief that such action was unlawful. Such person shall not be entitled to
indemnification in relation to matters as to which such person has been adjudged to
have been guilty of negligence or misconduct in the performance of his/her duty to the
Association unless and only to the extent that the court, administrative agency, or
investigative body before which such action, suit, or proceeding is held shall determine
upon application that, despite the adjudication of liability, but in view of all
circumstances of the case, the person is fairly and reasonably entitled to indemnification
for such expenses which such tribunal shall deem proper.
Section 2. Determination of Amounts. The Board of Directors shall determine
whether amounts for which a Director or officer seeks indemnification were properly
incurred, and whether such Director or officer acted in good faith and in a manner
he/she reasonably believed to be in the best interest of the Association and whether,
with respect to any criminal action or proceeding, he/she had no reasonable ground for
belief that such action was unlawful. Such determination shall be made by the Board of
Directors by a majority vote of a quorum consisting of Directors who were not parties to
such action, suit or proceeding. In the event that all of the Directors were parties to
such action, suit or proceeding, such determination shall be made by the members of
the Association by a majority vote of a quorum.
Section 3. No Limitation. The foregoing rights of indemnification shall not be
deemed to limit in any way the powers of the Association to indemnify under applicable
law.
ARTICLE X — TRANSACTION IN WHICH
DIRECTORS OR OFFICERS ARE INTERESTED
A. No contract or transaction between the Association and one (1) or more of
its directors or officers, or between the Association and any other corporation,
partnership, association, or other organization in which one (1) or more of its directors
or officers are directors or officers, or have a financial interest, shall be invalid, void,
voidable solely for this reason, or solely because the director or officer is present at or
participates in the meeting of the Board or committee thereof which authorized the
contract or transaction, or solely because said officer's or director's votes are counted
for such purpose. No director or officer of the Association shall incur liability by reason
of the fact that said director or officer may be interested in any such contract or
transaction.
B. Interested directors may be counted in determining the presence of a
quorum at a meeting of the Board of Directors or of a committee which authorized the
contract or transaction.
ARTICLE XI — HUD AND VA APPROVAL
For so long as there is a Class B membership, the following actions will require
the approval of either the Department of Housing and Urban Development or the
Veterans Administration if any mortgages encumbering a Lot is guaranteed or insured
by either such agency: (a) annexation of additional properties; (b) mergers and
consolidations; (c) mortgaging or dedication of Common Property, and (d) dissolution or
amendment of these Bylaws. Such approval, however, shall not be required where the
amendment is made to contact errors, omissions or conflicts or is required by any
institutional lender so that such lender will make, insure or guarantee mortgage loans
encumbering the lots, or is required by any governmental authority. Such approval shall
be deemed given if either agency fails to deliver written notice of its disapproval of any
amendment to Developer or to the Association within twenty (20) days after a request
for such approval is delivered to the agency by certified mail, return receipt requested,
or equivalent delivery, and such approval shall be conclusively evidenced by a
certificate of Developer or the Association that the approval was given or deemed given.
ARTICLE XII — LIABILITY SURVIVES TERMINATION OF MEMBERSHIP
The termination of membership in the Association shall not relieve or release any
such former Owner or member from any liability or obligations incurred under or in any
way connected with the Association during the period of such ownership of lot and
membership in the Association, or impair any rights or remedies which the Association
may have against such former Owner and member arising out of or in any way
connected with such ownership and membership, and the covenants and obligations
incident thereto.
ARTICLE XI11— LIMITATION OF LIABILITY
Notwithstanding the duty of the Association to maintain and repair areas as
provided in the Declaration, the Association shall not be liable for injury or damage
caused by a latent condition in the property, nor for injury or damage caused by the
elements or by another person.
ARTICLE XIV — ACQUISITION OF LOTS
Section 1. Acquisition on Foreclosures. At any foreclosure sale of a Lot, the
Board of Directors may, with the authorization and approval by the affirmative vote of a
majority of the total voting members' votes present at any regular or special meeting of
the members wherein said matter is voted upon, acquire in the name of the Association,
or its designee, a Lot being foreclosed. The term "foreclosure" as used in this section,
shall mean and include any foreclosure of any lien, excluding the Association's lien for
assessments. The power of the Board of Directors to acquire a Lot at any foreclosure
sale shall never be interpreted as any requirement or obligation on the part of the said
Board of Directors or of the Association to do so at any foreclosure sale, the provisions
hereof being permissive in nature and for the purposes of setting forth the power of the
Board of Directors to do so should the requisite approval of the voting members be
obtained. The Board of Directors shall not be required to obtain the approval of Lot
Owners at the foreclosure sale of the Lot due to the foreclosure of the Association's lien
for assessments under the provisions of the Declaration, notwithstanding the sum the
Board of Directors determines to bid at such foreclosure sale.
ARTICLE XV — PARLIAMENTARY RULES
Robert's Rules of Order (latest edition) shall govern the conduct of the Association's
meetings when not in conflict with the Declaration, or these Bylaws.
ARTICLE XVI — PARAMOUNT RIGHTS OF DEVELOPER
All of the applicable terms and provisions of the Articles or these Bylaws shall be
subject to the Declaration of Covenants and Restrictions as to the rights and powers of
the Developer, which rights and powers shall be deemed paramount to the applicable
provisions of the Articles or these Bylaws.
The foregoing Bylaws for the Association were adopted on this day of
March, 2002, by the Board of Directors of the Association.
DAVID A. SPEAR
JEFFREY SPEAR
m
EXHIBIT "D"
TO
DECLARATION PROTECTIVE COVENANTSO
FOR WILLOW GLEN AND
EN AT TEQUESTA
PLAT r
TO BE ATTACHED
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